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HomeMy WebLinkAbout1998-07-06 (Regular) Meeting Agenda]- • • .. • JULY 6, 1998 R£GULAR CITY COUNCIL MEETING ORDINANCE f ~ ,<, 42, 43, 44, 45, 46, 47, 48, 49 R£S0LUTION f ~~ y. )( ~ ~, ~, ~, 6\, ~ ~ ~ ~· ~. ~. ~ ~ ~ 7"" 1'.. ' '~· 82, 83, 84, 85 . , ... • .. 0 •· • 0 ]- ]- • • • • . . ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Saaioa Jaly', .,,. The regular meeting of &be Englewood City Council was called IO order by Mayor Bums at 7 :48 p.m. 2. hmlcadoa The iDvocalioo was given by Council Member Nabbolz. The Pledge of Allegiance was led by Mayor Bums. 4. Rall Call Present: Council Members Nabbolz, <lapp, Clarrctt, Bradshaw, WaggoDCI', Bums Absent : Council Member Habenicht A quorum was present Also present: City Manager Sears S. MMllllel City Auomcy Brouman City Clerk Ellis Crimc~Oificer~ Divilioa <llid' Vandcnncc Director Ellelty, Public Worts DireclOr Olton. Safely Scrvic:es Planning Amlyll DcaniDg DireclOr s....,.. ~ -Busiaea ~dopmc:al Engineering M-.cr ICalllll DireclOr Gryglcwic:z. Y.-ial Savic:cs ~ Conummity CoanlillatGr Sc:ibdli (a) COUNCll. MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or 111E REGULAR MUTING or JUNE 15, .... Ayes: Council Members Nabbolz, Wagoacr, Clapp, ear. Nays: None Abuin: Council Members Gamlt. Bradlbaw Absent: Council Member Habenichl Motion canicd. • •••• Council Member Bradshaw commco&cd 1h11 it was inlen:sting raidillg die millula ... Mayor Bums attitude toward Mr. Allen . Mayor Bums said be didn't "-wbal dial __. ad asbd tbal Ms. Bnidlbaw for ,. - • . .. • • 0 • ] • • En&lewood City Council July 6, 1998 Pace2 . . • 0 l• • 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 llall:d he though( they had arrived at a good solution for the Depot. But, Ms. Bradshaw said, prior to that time she thought there was some hostility there . Well, Mayor Bums said, not really. The Housing Authority Board wmcd to ha\'C additional information from the Historical Society about their business plan and that didn't romc from him pcnonally, particularly, it came from other members of the Housing Authority Board too. But he though( the gi\'C and take, as a result of that, has revolved into a \'Cry good solution and is a win win for everybody . He stated he is very pleased with it. Mayor Bums noted that he is \'Cry apprcciali\'C of what the Historical Society has done in working with the Housing Authority about the Depot . But, he said. wbal he was not taribly pleased with was the fund raising itself, because they had a professional filndnilcr 111d thal's what the Housing Authority was amccmed about. He maiiaincd they -IIOI upset with individual members of the Historical Society . Council Member Bradshaw staled 1h11 die jusl thinks that sometimes that getS real conflicted. She asked if that was not true. Mayor 8urM Slid be thinks it raulled in a clam good solution to a difficult problem. He noted he talked to several members ~ die Historical Society at the cclebral.ion on the 4• of July . Council Member Bradshaw said she did too . Mayor Bums said they seem to be \'Cry pleased, from whal he gathered, with the solution. Ms. Bradshaw said okay . Mayor Burns asked that if Council Member Bradshaw has a concern that she should just go ahead and tell him what it is. 6 . Schedlded Viliton (a) Mayor Bums advised they -\'Cry pleased to ha\'C race car drivers Roger Avanls, Richard Burton, and Roger Mitchell hen:. He stated these gentlemen ha\'C done yeoman's worit in the Englewood Neighborhood Watch Speed Pledge Program. Mayor Bums asked Crime Prevention Officer Nancy Peterson to explain the Speed Pledge Program. Ms . Peterson stated the program is about addressing yaur driving habits. realizing that you arc part of the problem out there and that you could be instrumental in the solution to the problem . She pointed out that wc can do all kinds of llllffic engineering stuff, like putting up barriers, blocking off streets, speed bumps, traffic circles and all of that, but W1lil wc address the problem. which is the driver's driving habits. it is never going to go away . Ms . Peterson commented that C\'Cl)'Olle in this room can remember back to the days when one of those objccls was just simply an obstacle and you could figun: out bow to get around it, just as quick or quicker. than you did before it was there ... henclf included. She said she doesn't have a halo and if she did, it slipped a long time ago . So until we address the driving habits, she said, it is not going to -1t and thal's what these geallemcn arc all about. Ms. ~ explained that they dri\'C fast for a living, but they ha\'C a place where they do it. It is not on our City stn=cts or residential areas. it is on die race mck. They ba\'C a full commit_.. to our commuaity saying 1h11 safe, councous driving belongs in our na,hboltloods wl they care about us and our families and they want ~one to make it home safdy. Ms. Pder'IOII advilcd dlll they ba\'C put a lot m time wl energy inlo this and they arc taribly <XIIDIDitled to our COIIUIIUllity . And. sbc DOied. they do this all on their own time and a lot of times this volunteer -1t costs them money and a lot ~ diKIOlllfOft. BccaUlc, she DOied. they end up wearing their fire suits on days were it is 100 plus degrees and inside those fire suits it is warmer than thal . But they always do it with a smile and they IIC\'Cr complain. She aid die thinks it is really ncaa and they will see them next wcdt at Craig Hospital. they will be out there for cighl hours doing a special propam for Craig Hospital's pllieots and their families . They will be coming out 10 ICC the cars and the speed pledge stuff will be set up . Ms. Peterson .. ed they arc making a major contribution 10 our community . She noted that other communities across the country arc inlercstcd in this program and they arc modeling it. Ms. Peterson said sbc thinks it is great and her hat is off to these guys. Mayor Bums said he would also like lo thank Nancy Peterson for all the gr'C8I -1t she has done on this propam. 1h11 it is terrific. ,; - • . • • 0 , - • • Eaflkwood City Council Jyly 6, 1998 Pa,:el • 0 ,. - Mayor Bums noted that you've seen these gentlemen at Neighborhood Watch meetings, the opening of the North Englewood new police community center and the July 4th celebration . He said they seem to be everywhere he goes . He commented that they arc volunteering their time. Mayor Bums read the inscripcion on the plaque in it's entirety . Mayor Bums presented plaques to Roger Avants, Richard Bunon, Roger Mitchell and offered his congratulalion and thm*s. Mayor Bums said theft arc various things you can get and one of those things is a key ring, which he carries for the Speed Plcqc Progran . He noted it has gained a lot of recognition and we arc very prood of this effort. Ms. ~ advised tllll the White House has requested a pholo of these gentlemen. and herself, to put in the White House Archives. One of these days soon it will be heading thal way . 7. Non-tebcduled Viliton (a) Art Emison advised that he owns some land at Evans and Zuni and he is having some access and development issues that he bas not been able to work out with City staff. He advised he has been working on the issue for about a year and he thought it was time to bring it to Council and sec if he can get some assi&lance . He said he has rccappcd the problems as best he could here , in some five pages. He Slated his request is that Council review it and possibly schedule an on-site meeting with him where they can discuss, maybe with Slaff'. some of the details and hopefully work out a compromise to allow him access and usc of his land . Mayor Bums asked what stage of the process he -in witb this cbelopment. Mr. Emison advised that he doesn't have accas to the land al this point and he docsa't have water and sewer. He said it is in an area where the SIRel bas not been put in ... appro"imaldy 75% dedicated But there arc obstructioos in the right of way, theft is no waler and ICWCr, IO besic:ally theft is no accas and no usc . Mr. Emison said that be thinks they wiU find it is defined llcR. He noted be can try and explain fwtha', but like they said time is u issue. Council Member Bl'llllllaw advised be llill bas tine minutes. Mayor Bums agreed that be bas a full five ntinmcs if be walllS to talu: it. Mr. Emison SlltCd be can't SUIIUllll17.ie this in five minutes. better than be did bcrc. He said be could rad Ibis to tllaa. but be tagbt probably the best thing was if he could just l'al'ICll • IIICICling. palClllillly u oa-lillC IIICICliag and be thougbl it would be best if staff' could participaie. Council Member Nabholz adviscd tllll Ille llas lpllllm pcnollllly with Mr . Emison and rcocivcd numerous faxes and lc:ncn. Also, Ille. pcnollllly. in Dcllcmbcr. had Director Olson and City Manager Scars, go on site and IIICCI with Mr. Emi-. becalllc she -in Philadelphia. Ms . Nabholz said it is her undcr-.ding ... and she bas listened to both sides of the story, she bas seen both sides ... that he purcbascd this pn,pcrty as it is, with no aa:c11, no 1ewcr and 'WIiier tip&. She asked Mr. Emison if that was correct. Mr. Emison said yes, but they wen: unllllowa facts. of counc. • the time . But. Ms . Nabbolz said. be bought it . The thing she is trying to undcrand here is, she said. that this becomes a lcpl issue • this point. Whal she bas rad from bis a,napoildcncc is tbat be would like the City to come in and llllke thal street aad put ia thole lapl for him. Sbc med if that is correct . Mr. Emison advised tllll be is propoliag a compn>milc where be would put up the water and sewer, but not the full stn:et . The full 11reet is - 1300,000 and his four lots would not jusliry thaL He said he believes the area was plotted and in a sense developed by the City or Englewood. who took the land ... the City did ... in 1971. He said if you look a1 the map1. as he did when he acquired the land. the stn:et rigbt~-way appcan to be tbcrc. COUIICil Member Bradshaw advised that she lw also had some dealings with the Kellc)-s, the Tafoyas, the Apodacas and the SalaDrs. as well as the Kcyfauvcrs . She llalCld she personally feds tllll her jab, as • At-1..arF ,qw = 1 •ti-ve. is to n:preact11 the constituents that do call her and none or111o1c pcoplc ... tbc •. .. • • 0 • En&lewood City CCM1ncil July 6, 1998 Pa,:e 4 '· • 0 • Keyfauvers aren't impacted by that lot ... but the others are, and they have no desire to have a street put through. Mr. Emison said that if and when they gd 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 thal he would use the present right of way as a driveway 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 . However. he noted, his land is landlocked and he believes he should have the righl to use his land is some way . But, Council Member Bradshaw said. when any of us buy n:aJ eslate it is CM1r burden of responsibility to cbeck out all aspects of that propeny . Oby, Mr. Emison said. Ms. Bradshaw stated that she doesn't feel that the City needs to put itself in the habit or subsidizing a land owners errors. Mr. Emison said that he thinks the question is going to axne clown to who pk)aed the land and 'Whal is the ability to have land thal has DO 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 through on. Council Member Bradshaw asked when this is scheduled for a paving district. Council Member Waggoner advised that you don't have all the 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 or the righl-d-way has been purchased . Council Member Waggoner Slated that none of the right-of-way has been purchased, it was given . Oh. Ms. Bradshaw said. it was just given at that time. Mr. Waggoner said thal is rille. Mr. Emison said he thought it was requested, of course. but the rcc::ords have not been provided yet, or loc:ated yet, so• don't know for sure what happened. In the back of your doc:uments, be said. ,au baw a petition, which is the best we have been able to get from staff' and his review of the rcconls. Tbe IICXI ID the last PIF ... they arc back to back ... shows the deed, that happens to be the deed that came off or his laad. the 2s feel to the lib'ed right-of-way . Mr. Emison swed he did not plot the land, he did BO( IUbdividc Ille land. But, Council Member Bradshaw said, you did pun:hase the land. Mr. Emison said dial iscona:1 ad based upon seeing maps that show the street right-of-way ... that he is looking to impnM the dillric:t and be is not adenlanding why the City would not be in favor of improvement. Mr. Emison said they have a lol or issues down there. Mayor Bums said that it seems to him that they need two things. They need a staff' rq,ort on this and if there are lepl issues. as you are P..,...ing here. or abliplioal OIi the part of the City, that ft will need -.,., or 1ep1 opinion. Council Members Nablaolz and Bradshaw agn:cc1 . Mr. Emi-advised thal be met widl Oty Anomcy Brotman and he las a Idler which is in hen:. He said he bas llOI. • or this aft-. been able to get a full formal lapOIIIC from the City . He said there have been 10111C drafts. which is also in hen:. to wbic:11 he made -.: rdJuUals. He stated thal 10111C or the citalions and requiremenls that are given to him. he is not able to fmd supported in the City Code and manuals. So he has gone back and asked them ... one or the key issues right DOW SCICIIIS to be the requirement by the Utilities Dcpanmei11 thal the utilities. the water and sewer, straddle the center line or the street . He said he proposed that he would put those in. but he is not able to straddle the cen1ertine or the street because of the land that has not yet been dedicated. Mr. Emison stated there is DO eff'on right now , on the part of the City. to get the rest of that land, this is just a donnant project . Mayor Burns said that they can't cover all of this detail in a scssioi1 here of five miootes for unscheduled visitors, so they need more information, obviously, from our Slaff'. Mr. Emison stated he is pn:parcd to give Council whalcvcr infonmlion they need. He noted he tried to keep this minimal for DOW as he reali7.cd there is a limited amount of time and he really has spent a lot or -~,---- ,, - • • Ea&kwood City CCN1ncil July 6, 19911 Paie5 • 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 onsite look see. Well , Mayor Bums said, if you are going to rezone somdhing or whatever, that will get to the City Council eventually in a quasi-judicial manner and he was nol sure how much site examination we ought to be doing this early on. Mr. Emison said he did nol think there was any rezoning n:qucsted at this point , that he was not asking for that . At this point, Mayor Bums and Council Member Bradshaw noced . Mayor Bums thanked Mr . Emison for his presentation and advised Council would ask staff to bring them up-tCMlate on this and they will review ii with them . (b) Cindy Galligan, 3010 South Delaware, advised she was addressing Council this evening in regard to 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 approach. to avoid a reactive response , to a tragedy on some things 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 doesn't know if that is a direct response to her letter or not, but either way it is greatly appreciated by herself and her neighbors. Ms. Galligan staled they did ha\'e one disturbing incident this week . A filthy epitaph was painted on the 5lrCel, dirccled towards the Englewood Police Department She said her first reaction to this was that she bet the idiots that painted it there wouldn't besita&e to call 911 if someone was breaking into their 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 doesn't wort . Maybe, she suggested, these folks would like to waive protective services. When they call for help maybe the dispatcher aJUld tell them "I'm sony, you didn't want the cops hassling you, so maybe 111 give you the number ol somebody IJuil can a>me out and get that burglar out of your house• or •1 can have a fire truck there in two minutes, you selected noc to want City services ... we'll charge you Sl,000 to put your kitchen fire out .• Thal. she noted. is enough for her editorial on that Ms. Galligan advised that, in talking with her neighbors over the past couple of MICks. one thing that distwbed her especially was• common word that she heard from naiy of them OYer and over . That word was afnid, They are aftaid ol retalialion and if they repon incidcnls, 11111 they are going to be retaliated upon by the people that are bmlking the law. She opined our biggest enemy is fear, that she pcnonally refuses to give in to fear. became oacc she docs, she has given someone dse a,nlJOI over her . But then again. she noted. she is not • BS year old widow livi• on Social Sccurily. Ms. GalJipn stllcd that she thinks that one way we can dimiaalc -ol lllis far is to educate resideau on what. when and how to repon incideals 1h11 c::ame diem alarm . She aid she bas been hearing things like "oh I '-11 people fighting. but I didn't know if I should call the police or not ... I '-'Cl gunshots and I didn't know what to do ... I had to paint over the graffiti on my garage, whit is the diffcrcna: between lagging and graffitir or •1 heard someone going through my backyard. but they left. so I didn't call the police.• She opined that if you talk to a IOI of residcnls on any block in the City, you might hear similar a>nUIICIIIS from them. The oeher thing they say is if the police come to my door. they will know I am the one Iha& called and they fear retaliation. Ms. Gallipa swcd that wha& she is advocating is a fact sheet that could be dililributed to all residents. This is sort ol • City watch group, in addition 10 the Neighbothood Watch Programs that are already in dl'ecl. Many people don't have the time. inlerest or ability to become involved in the smaller groups . This fact sheet, she said. would of course have to be a a>llaborative effort between City officials and involved citizens. She thanked Council for their time and said she hoped they would take her suggestion under serious amsideration. City Manager Sc:ars advised Iha& he has asked Chris Olson and Tom Vandermee to be here to answer any questions, from the Safety Services viewpoinl regarding issues 1h11 are raised . ' ---~--. --~ I -• • • 0 Ea&tewood City Couacil July 6, 1991 Page6 '· • 0 • Mayor Bums said that he had lalked to Council Member Nabholz about this and this weekend he drove by and saw that obscenity on the street and it is obvious there seems to be a really serious. continuous problem with this block or two on South DelawaR. He asked thal Director Olson or Chief Vandennee address Council on the status of this problem . Mayor Bums said he knows the Impact Team has been there on a regular basis. Division Chief Tom Vandermee. with the Police Openlions Division for the Depanment of Safety Services. advised that they ue vay familiar wilh the panicular ~ that have been identified. They have, for close to nine months. paniallarly the Impact Team. been operating in addressing the concerns and issues that are brought to their aaention and those thal they individually identify. He stated 1h11 oo Jmie 15111 they initialed another response to a panicular Council RlqllCSl. and since that time have imposed. frankly. what aDIOlllU to, no tolerance policies OIi all or the addresses inwlved. He said he should point out. as Ms. Gallipo mentioned. thal in going back and doing ~ on it. they have found thal in a period of nine months. at the prime localion. there have been two calls for service to the police. For the ocher adjoining properties, there have been a total of seven. He staled that nine calls for service, for the types of problems that they know are existing there. really doesn't serve either the communities interest or our interest in terms of being able to establish a criteria for nuisance abatement concerns. He stated be agrees wholeheartedly with Ms. Galligan. that public education is probably a necessity at this poi•. And, he said, they have a substation right down in the area and they would be more than happy to meet wilh the neighbors collectively, individually, in terms of their concerns about the police coming to their door . Chief Vandermee pointed out that every police car that we have is equipped with cell phones. there is no need for face to face meetings between the police and rq,oning parties of crimes or service. He advised it is imponant that they have the infonnatioo as to who is calling, primarily a phone nwnber. The officer can make a phone call to the rq,oning pany from the car and have a private conversation between the officer and the reporting party. The subjects of the caUs for service don't need to know who called the police, in cases of distwbances and things like that. In some cases. he advised. they need witnesses, but absence or those witnesses doesn't tie their hands to where they can't do their job. It is a unique kind of environment. be noted. There are six individual privale addresses grouped into an area the size of one single family residence and that by itself is going to Claile more traffic. There ue a loC of influences to thal . They are awaR of it and they ue taking a praeclive Slallce on that . He advised they would be mon: than happy to meet wilh the oommunily. the people in the uea. the people thal drive by the area . He noled be did 11111 take exa:ption to anything sbe said. Council Member Nabholz said sbe just Wlllllcd to clarify a couple of things. that when people do call the police dispatcher they need to \'Crify and make it perfectly clear that they want co.-act by phone. 1bat is why, she Slalcd. a loC of those residems and that 85 year old woman ... because there has been a lack of c:ommunication. wbc:ther it be oa their pan or our pan. sbe wa.-ed to make it perfectly clear thal we would contact them only by phone . And even if it was a written request, it comes back to haunt you. So. she emphasi7.cd. we need to be real cardul here. it is close to the school and we ue all very aware of the situation. those of us that live right there. She remarked, to Chief Vandermee. that be has taken a very proactive stand and she applauds him for that But it has heated up again and she is under the irnpressioa thal one of them is out II is lime. she said, thal they get back together and do whatever they need to do for Ibis neighborhood. School will be oul Friday. which will help. She said they need lo work on what they need to do to get that off the street. Chief Vandermee said he saw ii today too. Council Member Nabbolz noled be was very busy in her two blocks and she thanked him. Ms. Nabholz said she applauds the police and lire departments for this weekend. it was non-stop. Chief Vandermee stated they will do what they need to do lo iniliate tlie communication with the neighbors and address the issue. Council Member Nabholz and Mayor Burns tlianked him. (c) Jean Martin. 3190 South Waslling1oo Street. stated she has one tbai* you. two questions. ., - two fears. four comments and five concerns. She said she wanted to thank the Fire Deputmmt for being 111 responsive to prolecting her addition to her new house. when the fire happened on June 3o1 _ It was very ' •. I .. • • 0 f - En&tewood City Cooncil July 6, 1998 Page7 • 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 Dcpanment. Second of all, she said, she has two questions. Every quarter when she gets her sewer bill she signed up to get something from the City. She asked what she was getting. Council Member Waggoner asked her if that was the Concrete Replacement Program Ms. Manin said yes and asked wbal lhal means. what she is paying for. City Manager Sears said that Director Esterly could answer lhal question. Director Esterly noted that aJUld be very lengthy. Well, Ms. Martin said ... brief. Mr. Esterly gave Ms. Martin his business card and asked that she call him tomorrow or she a,uld speak to one of his associates in his office. Ms . Manin said okay. Council Member Nabholz advised Ms. Manin that it saves her the cost of repairing, bidding out for the replacement of her concrete ... in a nutshell. The City comes in, you buy into the Utility and the City will come in and replace it. Ms . Manin said, as Ms. Nabholz knows, that she did an addition to her house. She asked Council Member Nabholz if she got anything from this or if she had to pay for it herself ... to have driveway or concrete or whatever. No, Ms. Nabholz advised, that is not pan of it. Okay, Ms. Manin said, she just wanted to know ... that is fine. Mayor Bums explained that it prevents you from having to pay the whole amount at once . Ms . Manin asked what was going on with the water. Why does she have to go to Nebraska to get her water from Canada? Mayor Burns advised thal wc have a new water treatment plant just coming out of the ground, a considerable new facility . He asked if she was talking about taste and odor problems. Ms. Martin said evcrything ... color. taste, smcll ... you name it. Mayor Burns asked if she bad tallted to the Water Department Ms. Manin said they gave her this little bottle to put in her clothes so they don't tum brown. Mayor Burns advised lhal the IQllOII wc an: doing this, considerable, additional expansion ... lhis is a two year project for the City, it will be completed in two years and that is to address the taste and odor problems, along with Olher Federal regulations with regard to giordia and crytosporidia and that kind of thing in the water. that have been serious problems in other cities. But the idea here is to considerably improve and possibly eradicate our taste and odor problems, which admittedly wc have had in the City for many years . So that. he noted. is a oonsiderable project that has just gotten Wlderway . Ms. Martin said when you bad the problem with the shingle smell, which wc couldn't drink or smell or do anything, lhal she bought bOltled "11ter. She advised she deducted S 10.00 from her biU for the water. This stayed on her ru:ord for a year and fmally she paid the SI0.00. because she was sick of seeing it. Why. she asked. Mayor Burns nOled that • the titne lhal occurred because of a fire . Your problem. not mine, Ms . Martin said, you owe tne SI0.00. Ms . Martin advised that everything lhal woman said over there, she agrees with ... where ever she was ... the woman bcfOle her. About fears and police and what have you. She noted she is the captain of her block. lhal she bad a block party and nobody. because there happened to be a wedding or whatever, showed up• the block party. But she stiU had to talk to Ms. Nabholz about her house, because they were going to Nebraska for the weekend ... fear of it being on fire , whatever, because of the fireworks. Ms. Martin advised that she called the Fire Depantnent al least twice befOfe she left, to complain about the neigbborhood. Now she was not there this weekend and. she said, thank God when she goe there Sunday her house was there. So, she said. she would guess that is a thank you . Because on her way out of town she stopped at the Chesapealte Bagel place and mentioned to two cops to please waach her house . The other thing. Ms. Martin said. is lhal she lives across the strcc:I from the city care. Swedish ... whatever. They bad a fire lhal burned clown bushes that they can, ~,: -,-,c. which she happened to see and repo11 and that was taken care ol. She noted the main fear she has •ith that is that she also had a fire at her .... • • • 0 , ]- Enctewood City C111111Cil July 6, 1998 Pagel • 0 l • • house from leaves that someone lit ... thal lhe guy didn't pay her any money , but he wrote her a letter and that is okay ... but fears . But they are 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 ocntcr. When this fire was going on with Chester. the kids were all standing outside yelling fire , fire , fire , fire ... which is fine . Thanks lo the Fire Departmena , she got her kids out of her house, which is stop, roll and whatC\'Cr and they got out ... which is fine . So whatever mobile you have. that tells the people how to do it. is good ... kcep doing thal. She maintained that everyone should have that. everywhere. Because, she said. she yelled fire , fare. fire and got her kids out and she wa out of her house from 7:30 to 2:00 on Jwae 3n1 _ It just so bappcncd thal her father was coming the next day from New Jersey and he didn't appreciate the house not being clean ... that she said. is her problem. Okay, she said. as she said she is the caplain of the block and she talks to Nancy Peterson quite a bit and some other people. She agreed on what that woman said. that was her third and she talked to the police about going oul of town . Those, she said. are her thank 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 this town for over ten years, she is a substitute teacher at Englewood High School. a good one. She staled lhal when she comes there they are glad lo see her ... some kids will never be glad lo sec a sub. Only because she was a paraprofessional and she trained at Denver East Bronoo Academy ... John Elway ... lovely person . Now, Ms. Manin said, her big concern is about lhese code enforcement people . One month. she said. this woman that she has complained about. has been harassing her and her husband ... one month . Ms . Manin advised that she is also a mathematician and a statistician. She said she bas been here ten years . One out of twelve months. compared to one out of a 120 ... she stated she is thinking about moving to Nebraska . She asked why she should have to move to Nebraska because of a Ms. Wilson. She asked if they can tell her. Mayor Bums advised that she hadn't given him enough information to respond and there is a lot of sarcasm in her delivery . Ms. Manin asked if AM Nabholz could help her out with this. Council Member Nabholz said that the only thing she can tell him is that Jean Manin has shown up al her door several evenings, very upset in regard to a code enforcement officer. Ms. Nabholz said she thought that was something they can mecl with our code enforcement people about . Mayor Bums noted they can facilitate that. Ms. Martin Slated that her complaint is she is working on an addition to her house ... Ms. Nabholz knows about additions. Ms. Martin said to make a long story shon lhll what is going on is that her father was here from New Jersey and he said who is that woman sitting there looking. taking notes. taking pictures. putting green things on my lrec. She said she told him she didn't know . She advised she went out of town and all of a sudden they have this big white notice . Ms . Martin stated that when l..any Medina and Joyce Parsons were there, she didn't lave white notices. And. she said, she had an argumenl with Ms . Wilson about this and she even wrote in progress . Ms . Martin advised they fixed up what they thought was good and now all of sudden they get a pink slip. She said she wants to know what is trash and what is not trash. cspccially when you are building an addition to your house. That , she said, is her big question and concern . And. she asked, what aithority do code enforcements have. are they oops . City Manager Sears advised they have a legal responsibility to enforce ... Ms. Wilson asked if they are policeman . City Manager Sears said no they are not. Ms. Wilson emphasized she knows the policemen. her insurance person is a policeman. She asked what is a code enforcement. She said tell me, I want 10 know . Mayor Bums explained that I code enforcement officer has the ability lo cite for code violations and to warn for code violations and if ncccssary those can be brought into a municipal court. The initial objective of code enforcement. he said, is to try to obtain ooopera1ion from the ho.-ncr lo clean up I situation thal appears 10 be in violation of the code . It is not. he staled. primarily. 10 cite people or bring them into ooun. it is just 10 bring compliance so thal we can improve the appearance of the community. Thal he noted , is the main reason why we lave code enforce1nent and why the citizens are so intcratcd in it and why we have a Code Enforcement Task Force that is working on Ibis right now . Ms. Martin asked who is the Task Force. Mayor Bums said that are about IS members of tlat Task Force . Ms. Martin asked how she could join. Mayor Bums advised she could talk to the staJT, thal he dido~ know if there are any openings on the Code ,. - • . I .. • • ' Ell&lewood City Council July6, 1991 , .. , • • • Enforcement Task Force at the moment, the City Council fills those positions and they had several of them filled in June, as he recalls, when they had some vacancies. Council Members Nabholz and Bradshaw advised thlll Council will interview again in January . City Manager Scars said they could also provide her a time and IChcdulc of when they meet. because they arc welcoming these types of commcnlS from people. Ms. Madin asked if code enforcement people come to these meetings. City Manager Scars said, for the IDOll put. ya. Oby. Ms. Martin said, when is their next meeting? Mayor Burns said he can't tell her for sure. but thlll she can cen.ainly find thal out from Slaff. But, City Manager Scars cxplaincd. that he thought the intent or those meetings was to talk about issues thlll arc uniform throughout the City, not to just bcnlc one individual or another individual . Ms. Madin said she is DOC, she just Wanls to know the rules. Mr. Scars said he thinks it is to talk about these typcs of issues, because they arc somcwbat uniform lhroughout the City. So we can develop policies and cnfon::c unifMmly . City Manager Scars advised they can provide Ms. Manin with the specific dale and time . He said as he Wlderstands they meet on about a monthly basis. Council Member Bllldshaw DOied she could call the City Manager's office tomorrow. Sure. Mr. Scars said, or they can contact her if she would give us her tclcphonc number. Ms. Martin said that Ms. Nabholz knows where she lives. Ms. Madin said 1h11 the Olhcr ques&ioa she had is what kind or qualifications do thcsc code enforcers have. She asked if they arc ex policeman. fired from other forces. City Manager Scars suggested that Cluis Olson answer that ques&ioa . Director Olson stated that he would be happy to take Ms. Martin's conc:crns in a written form so they can respond to them . He said 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 that he was the Director of Safety Services and the code enforcement people work for him and they arc qualified . Director Olson opined that this is thc best way to deal with this, he just can't address all of thcsc issues tonighl. but if she would do this for us. lie would be happy to take care of it. Council Member Bradshaw askcd if Mr. Olson would give her a canl. Dinx:lor Olson said sure. that he would talk to her. 8. (a) and (b) A resolulioll appointing J. L. Banles to the Eaglewood Clean, Green and Proud Commission and a resolution rappoilltillg J. L Barnes to the EagleMod Liquor Lic:casing Authority were considered. The resolutions wen: assigned numbers and read by title : (a) RESOLl.TTION NO . S7. SERIES OF 1998 A RESOLl.TTION APPOINTING J.L . BARNES TO 11fE CLEAN. GREEN AND PROUD COMMISSION FOR 11fE Cl1Y OF ENGLEWOOD. COLORADO . (b) RESOLl.TTION NO . SB. SERIES OF 1998 A RESOLl.TTION REAPPOINTING J.L. BARNES TO 1llE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, 10 Al'l'llOVE AGENDA ITEMS I (a) AND (II)· RESOLUTION NO. 57, SUIES OP , .. AND USOUJTION NO. 51, SERIES OP 1991. Ayes : Council Members Nai.tz., Gama. Bradlhaw. Wagoner, Clapp. Bums • .. • • 0 - - Eqkweoil City Candi ....,,, 19'1 .... Nays : Abscat : • • I • . • ' None Council Member Habenichl Mayor e.r. lllakcd Ms. Barnes for her willingness to sen-e on two boards. Mayor a.. placaled a CCltificale for each appoinbnent and City pins IO Ms . Bamcs (C) ~- A rcsolutioa appointing Carol Belt to the Englewood Public LibrW'y Board - The resolution -assigned a number and read by title: RESOLUTION NO . 59, SERIES OF 1998 A RESOLUTION APPOINTING CAROL BELT TO 11IE PUBLIC LIBRARY BOARD FOR 11IE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) • RESOLUTION NO. 59, SERIES OF 1991. Motion carried . Ayes : Council Members Nabbolz. Gama. Biadslaw, Waggoner, Clapp, Burns Nays : None Absent: Council Member Habenicht Mayor Bums presented a certificate and City pin to Ms. Belt. (d) A resolution appointing Janet Berens to the Englewood Clean. Green and Proud Commission was considered. The resolution was assigned a nwnber and read by title: RESOLUTION NO . 60, SERIES OF 1991 A RESOLUTION APPOINTING JANET BERENS TO 11IE CLEAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (d) • RESOLU110N NO. 60, SERIES OF 1991. Motion carried . Ayes : Council Members Nabholz. Garrdt. Bradshaw, Waggoner. Clapp, Burns Nays : None Ablent : Council Member Habenicht Mayor Burns presented a cenificale and City pin IO Ms. Berens. (e) considered. A resolution appoillling Robert Cassidy to the Englewood Waler and Sewer Board - The resolution was assigned a nwnber and read by title : ----~--- "' - • ' I .. • • 0 I - Enpewood City Council July 6, 19911 Pase 11 RESOLlITION NO. 61 , SERIES OF 1998 . . • • I• • A RESOLUTION APPOINTING ROBERT CASSIDY TO rnE WATER AND SEWER BOARD FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (e)-RESOLUTION NO. 61, SERIES OF 1998. Motion carried. Ayes: Council Members Nabholz, Gam:tt, Bradshaw, Waggoner, Clapp, Bums Nays : None Absent : Council Member Habenicht Mayor Bums presented a certificate and City pin to Mr. Cassidy. (f) A resolution appointing Julia Cicbiera as a youth member to the Englewood Parks and Recreation Commission was considered. 1bc resolution was assigned a nwnber and read by title: RESOLUTION NO . 62, SERIES OF 1998 A RESOLUTION APPOINTING JULIA CIEBIERA AS A YOU"rn MEMBER OF TIIE PARKS AND RECREATION COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (f) -RESOLUTION NO. 62, SERIES OF 1998. Motion carried . Ayes: Council Members Nabholz, Gam:tt, Bradshaw, Waggoner, Clapp, Burns Nays: None Absent : Council Member Habenicht Mayor Burns presented a certificale and City pin to Ms. Cicbicra. (g) considered . A resolution appoinling Judy Counwright to the Englewood Public Library Board was 1bc resolution was assigned a nwnber and read by title : RESOLUTION NO. 63, SERIES OF 1998 A RESOLUTION APPOINTING JUDY COURTWRIGHT TO 1llE PUBLIC LIBRARY BOARD FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (&) -RESOLUTION NO. 63, SERIES OF 1"8. Motion carried . Ayes : Council Members Nlbbolz. Gamlt. Bradshaw, Waggoner, Clapp, Burns Nays : None Absent : Council Member Habcnichl . . ·- I ... ., • • ' ]- - • Englewood City CCN1ncil July 6, 1998 Pace 12 <. • 0 • Mayor Bums presented a cenificate and City pin to Ms . Counwright. (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 : RESOLtmON NO. 64, SERIES OF 1998 A RES0Ltm0N APPOINTING NICOLE DA VIS AS A YOUTII MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORAOO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (h) -RESOLUTION NO. 6', SERIES OF 1991. Ayes: Council Members Nabholz. Gan'dt, Bradshaw, Waggoner, Clapp, Burns Nays : None Absent: Council Member Habenicht Motion carried. Ms. Ciebiera accepted the cenificate and City pin on behalf of Ms. Davis. (i) A resolution reappointing Emmett Ducmke to the Englewood Downtown Development Authority was considered. The resolution was assigned a number and read by title : RESOLtmON NO. 6S, SERIES OF 1998 A RESOLtmON REAPPOINTING EMMETI DUEMKE TO THE DOWNTOWN DEVELOPMENT AUTIIORITY FOR THE CITY OF ENGLEWOOD, COLORAOO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)-RESOLUTION NO. 65, SERIES OF 1991. Ayes: Council Members Nabholz. Gam:lt, Bradshaw, Waggoner, Clapp. Bums Nays : None Absent : Council Member Habcnichl Motion carried . (j) A resolution appointing Jacqueline Edwards to the Englewood Clean, Green and Proud Commission was considered . The resolution was assigned a nwnber and read by title : RESOLtmON NO. 66. SERIES OF 1998 A RESOLlITION APPOINTING JACQUELINE EDWARDS TO THE CLEAN. GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (j) -RESOLUTION NO. 6', SERIES OF 1991. Ayes : Council Members Nabholz. Gan'dt, Bradshaw. Waggoner, Clapp. ' • I ._. • • 0 Ea&lewood City Council July 6, 1998 Pace 13 Nays : Bums None • • • Absent: Council Member Habenichl Motion carried. Mayor Burns presented a certificate and City pin lo Ms . Edwards. (k) A resolution appointing Steve Finer lo the Englewood Downtown Development Authority was considered. The resolution was assigned a number and read by title : RESOLIJTION NO. 67, SERIES OF 1998 A RESOLIITION APPOINTING STEVEN FINER TO 1HE ENGLEWOOD DOWNTOWN DEVELOPMENT AlJJ'HORITY. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (k) -RESOLUTION NO. 67, SERIES OF 1991. Motion carried . Ayes : Council Members Nabholz, Gam:n. Bradshaw , Waggoner, Clapp, Bums Nays : None Absent: Council Member Habenicht (I) A resolution reappointing Bamani Foul lo the Englewood Liquor Licensing Authority was considered . The resolution was assigned a number and read by title : RESOLIITION NO . 68, SERIES OF 1991 A RESOLIJTION REAPPOINTING BARBARA FOlTf TO 1HE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR 11IE CITY OF ENGLEWOOD. COLORADO COUNCIL MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (I) -USOLUTION NO. 61, SERIES OF 1991. Ayes : Council Membcn Nabholz, Gam:n. Bradshaw. Waggoner, Clapp. Bums Nays : None Absent : Council Member Habenichl Motion carried . (m) A raolution appoillling Cole Hayduk lo the Englewood Planning and l.oning Commission was considered . The resolution was assigned a number and read by title : RESOLIJTION NO . 69, SERIES OF 1998 A RESOLUTION APPOINTING COLE HAYDUK TO 1HE PLANNING AND ZONING COMMISSION FOR 1HE CITY OF ENGLEWOOD . COI..ORAOO. I .. • • 0 , - • • Ell&lewood City Couacil J•ly6, 19'1 ...... • • - ... COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (m)-RESOLUTION NO. 69, SERIES OF 1998. Motion carried. Ayes: Council Members Nabholz, Garrett, Bradshaw, Waggoner. Clapp, Bums Nays: None Absent: Council Member Habenicht Mayor Bums presented a certificate and City pin to Mr. Hayduk. (n) and (o) A resolution reappointing Mike Heberling as a youth member to the Englewood Public Library Board and a resolution appointing Mike Heberling as a youth liaison to the Englewood Cultural Aris Commission were oonsidercd. The resolutions were assigned a number and read by title : (n) RESOLUTION NO. 70, SERIES OF 1998 A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS YOUTII MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (o) RESOLUTION NO . 71, SERIES OF 1998 A RESOLUTION APPOlNTING MIKE HEBERLING AS A YOUTII LIAISON TO THE CULTURAL ARTS COMMISSION FOR TifE CITY OF ENGLEWOOD , COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a) AND (o) -RESOLUTION NO. 70, SERIES OF 1991 AND RESOLUTION NO. 71, SERO:S OF 1"8. A)'CI: Nays : Abscnl : Council Members Nabholz, Garrett, Bradshaw, Waggoner. Clapp, Bums None Council Member Habenicht Mayor Bums DOied that they apprcciale Mr. Heberling taking Oil another youth membership IO go aloag with bis IIClting ICrVice thus far. Mayor Bums praentcd a cenificale for each appointment and a City pin to Mr. Heberling . (p) considered . A resolution appoinling Nonna Holmberg to the Englewood Election Commission was The resolution was assigned a nwnber and read by title : RESOLUTION NO . 72, SERIES OF 1998 A RESOLUTION APPOlllrTING 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 1"8. Ayes: Council Members Nabholz, Garrett, Bradshaw. Waggoner, Clapp, ' . . ,,, - I .. • • 0 ]- • • ·, • (' ... Englewood City Council July 6, 1991 Pase 15 Nays: Abscnl : Molion carried. Bums None Council Member Habenichl (q) A resolution appointing Rosemary LaPorta to the Englewood Downtown Development Authority was considered. 1bc resolution was assigned a number and read by title : RESOLUTION NO. 73, SERIES OF 1998 A RESOLUTION APPOINTING ROSEMARY LAPORTA TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUIHORITY. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (q) -RESOLUTION NO. 73, SERIES or 1991. Motion carried. Ayes : Council Members Nabholz, Garrell. Bradshaw, Waggoner, Clapp, Bums Nays : None Absent: Council Member Habenichl Mayor Bums noted Ibey were dw1kfW for Ms. LaPona's interest in the downtown area. which extends over some 20 years. (r) A rmilution fflCOIIIIIICllC tbe ~ of Shawn Leonard to the Englewood Housing Aulhority was pulled. Mayor Bums explained dial ii is being pulled because: the Housing Authority bas not met since be wu recommended for appoillbllelll and be is COllling to the meeting oo Wedncaday nighl and chat will come up the next time. (s) A rmilution reappointing Conine Lindsey to the Englewood Cuhural Ans Commission was considered . 1bc rellllution WU assigned a nwnber and read by litle : RESOLUTION NO. 74, SERIES OF 1998 A RESOLUTION REAPPOINTING CORRINE LINDSEY TO THE CUL TIJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (1) -RESOLUTION NO. 74, SERIES or 1991. Ayes : Council Members Nabholz, Gam:n, Bradshaw, Waggoner. Oapp. Bums Nays : None Absent : Council Member Habenicht Motion carried . Mayor Bums noted Ms . Lindsey is very inten:sted in the Cullural Ans Commission and Ibey wanted to thank ber for vohmtcering to senoc apin. , .. • . I • • 0 -• 0 • EnK)ewood City Council July 6, 1998 Page 16 (t) considered. A resolution appointing Dale McCullough to the Malley Center Trust Fund was The resolution was assigned a number and read by title : RESOLUTION NO . 75 , SERIES OF 1998 A RESOLUTION APPOINTING DALE MCCULLOUGH TO THE MALLEY CENTER TRUST FUND BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED, A.ND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (t) -RESOLUTION NO. 75, SERIES OF 1991. Motion carried. (U) considered. Ayes : Council Members Nabholz, Gamtt. Bradshaw, Waggoner, Clapp, Bums Nays : None Absent : Council Member Habenicht A resolution appointing Robin Ottoson to the Englewood Public Library Board was The resolution was assigned a number and read by title : RESOLUTION NO . 76, SERIES OF 1998 A RESOLUTION APPOINTING ROBIN OTTOSON TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (•) -RESOLUTION NO. 76, SERIES OF I,._ A~: Council Membcn Nabbolz, Olma. Bnldlllaw. Wagoner. Clapp. Bums Nays : None Ablcnl: Council Member Habeoichl Motion carried . (v) A resolution reappointing Gary Oxman to the Englewood Downtown Development Authority was considered. The resolution was assigned a number and read by title : RESOLUTION NO . 77, SERIES OF 1998 A RESOLUTION REAPPOINTING GARY OXMAN TO THE DOWNTOWN DEVELOPMENT AlITHORJTY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (v) -RESOLUTION NO. 77, SERIES OF 1991. Motion carried. Ayes : Council Members Nabholz, Ganat. Bradshaw , Waggoner, Clapp , Bums Nays : None Absent : Council Member Habenicht •. I .. - • • 0 - - • • Eackwood City Council July6, 1991 Pa&e 17 • 0 t• • .... (w) A resolution reappointing Martha Warner to the Englewood Cultural Arts Commission was considered. The resolution was assigned a nwnber and read by title : RESOLUTION NO . 78, SERIES OF 1998 A RESOLUTION REAPPOINTING MARTHA WARNER TO THE CUL TIJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORAOO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (w) -RESOLUTION NO. 71, SERIES OF 19'&. Ayes: Council Members Nabholz, Garrett, Bradshaw , Waggoner, Clapp, Bums Nays : None Absent: Council Member Habenicht Motion carried. (x) A resolution appoinling Dena .locher to the Englewood Clean. Green and Proud Commission was considered . The resolution was assigned a nwnber 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 . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (ll) • RESOLUTION NO. 79, SERIES OF I ... Ayes: Council Members Nabholz, Gamill, Bradshaw , Waggoner, Clapp. Burns Nays : None Absent: Council Member Habeniclll Motion canied. Mayor Bums praented a ccrtifacate and City pin to Ms . .locher . • • • • • Council Member Bradshaw tbankcd them all for volWllcering to help the City . On behalf of Council Mayor Bums thanked all of the people who serve on our boards and commillioas . He noted he is always amucd at how many people volunteer and what yeoman work they do and bow much they dedicate the1111Clva to the lllSks of the commissions. Without their ICMClC , he said, the Cily would noc be able to function the way that it does . He stated the service they midcr is extremely val uable to this community and we really do appreciale it. 9 . hblic Hearia1 ' • • • 0 • • • Englewood City Council July 6, 1998 Page 18 • 0 I • • (a) Mayor Bums noted lhis was a public hearing lo g.ither citizen input on Council Bill No. 29, which would approve proposed amendments 10 the City of Englewood's Telecommunications Ordinance. Council Member Garrett stepped out of the meeting. for the 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 mE CITY OF ENGLEWOOD'S TELECOMMUNICATIONS ORDINANCE. Ayes: Council Members Nabholz. Bradshaw, Waggoner. Clapp. Bums Nays: None Absent: Council Members Garrett, Habenicht Motion carried and the public hearing opened. All testimony was given under oath. Planning Analyst Brad Denning, presented Proof of Publication of Notice of Public Hearing which was published in the Englewood Herald on June 5. 1998. He advised staff requests that Council consider amendments to the Englewood Comprehensive Zoning Ordinance, to add telecommunications standards in the City to address the rapid growth of the telecommunications industry . Specifically. he noted. the location of wireless telecommunication towers and facilities. He stated that . as of February 1997. Council Bill No. 9 was enacted to establish a temporary suspension on the issuance of pennits for the construction and installation of wireless telecommunication towers in the City. This moratorium was to provide time for City staff to collect information and revise 7.oning regulations protecting the community and the industry interests. l1le moratorium ended in November 1997 and. he said. it was found that the current zoning regulations were inadequate to deal with land use impacts associated with lhese facilities. Mr. Denning advised that the Office of Neighborhood and Business Development has continued to review the reports from different communities to keep current with the issue . He opined that the proposed standards Council is seeing before them tonight offer an equitable means for the industry carriers to provide wireless communications in the City of Engle\\'OOCI for businesses and citi7.CIIS. l1le foremost issues. in the ordinance, are those of location of the facilities and towers, the co-location of antennae. the inventories of existing structures and the possible incentives. Due to the specialized nature of this topic. the City Attorney's office appointed Mr. Ken Fellman from Kissinger and Fellman to draft a proposed ordinance by working with various City depanments. Mr. Fellman is here tonight, he said. and he will address the content of the ordinance. He also worked with the industry task force and some of those members are here this evening as well, Mr. Denning said. Mr. Fellman has assisted a variety of municipalities with their ordinances and also is a chair of the FCC state and local govcnunent advisory committee. Mr. Denning said he would like to introduce Mr. Fellman right now . if there were no further questions of staff. Ken Fellman. 3773 Cherry Creek Nonh Drive. Denver. stated he is the City's consultant that has been working to help put together this ordinance. He said. by way of a brief background to put lhis in perspective. that in 1996 Congress passed. and the President signed, the Telecommunications Act. which was a sweeping amendment of the Communications Act of 1934 . Section 704 of the 1996 Act dealt with the placcmcnl of wireless telecommunications facilities. he said. and most of the facilities that we think of when we hear wireless facilities. are cell phones. PCS phone. Bul he pointed out. it also involves digital pagers and there arc new technologies 011 the way like wireless moderns and soon you will be able to get on the lntcmct from your lapcop, without any wires. as you are driving down Hampden. In response to Council Member Bradshaw. Mr. Fellman agreed that the police will have their hands full with that when it happens. He explained that Section 704 basically was a reaffinnalion of local control over the land use issues involved in Ilic siting of these facilities. will, ccnain nanow. subslantive and procedural limitalions on local government action. Mr. Fellman pointed out the limitations are that. as a City, your ordinances can no longer prohibit or have the affect or prohibiting Ilic delivery of wireless telecommunications ' • ' ,. - • ••• • f - Englewood City Council July 6, 1998 Page 19 • 0 • facilities in your community. your regulations caru1ot unreasonably discriminate against providers of functionally equivalent services. Cities are no longer allowed to consider the environmental effects of radio frequency emissions in consideration on placement of wireless facilities, so long as the facilities meet the Federal standards for these emissions. You are required to act on applical.ions. according to the Statute, within a reasonable period of time, which Congress has said is your nonnal period of time for dealing with land use issues. If you are to deny any application it must be in writing, based upon substantial evidence in a written n:cord. He said. as Council will note, that the ordinance outlines that any decision. whether it be approval or denial. will be in writing. He noted that the Telecommunication's Act caused communities around the country to step back and take a look at their zoning ordinances and to try to figure out whether the ordinances were sufficient to handle the influx of facilities that were going to be popping up around the country. He said that as they will note. just from driving around the metro area. there arc a whole lot more towers lhan there were five years ago or even three years ago . The Slaff here has done what many communities have done. which is, take a look around the City to try to identify what areas would be most approprialc to have these facilities ... to try to create incentives, to encourage facilities to locate in those zoning districts and not in others. if at all possible. The ordinance creates an administrative process for applications and information that musa be given to Ilic City staff and Council for facilities and contains provisions to protect the public health and safety in connection with Ilic construction of these facilities . He advised thal be was "1Jfked very closely over the past few months with Brad Denning. of late with Nancy Reid in the City Attorney's office and with a number of other members of your staff. He said he musa tell Council that they have been very cooperative and they should be very proud of all of them, that they have done a great job . Mr . Fdlman advised they have done four or five drifts of this ordinance and they have worted with the indusuy task force. as Mr. Denning mentioned. They received some good input from the industJy and be commented that be would say they have incorporated the vast majority of the issues that were raised. As is usually the case with these kinds of processes. he advised. you end up with a better ordinance and you also end up -.ith a couple of issues where you end up agreeing to disagree on SOIIIClhing thal the industry miglit want. but the City Slaff might not want to propose: to Council. Mr. Fellman Slated that we do have a couple of those. He said be would mention tonight IIOfflC an:35 that Council may be bearing some lcsti.-y on. as to a possible concern. and then he would just open it up to questions. He said that it is his undcnlanding thal one of the industry task force members has a conccm about the provision of the onli.-cc in Section (C) ( 3), which deals with pn:cxisling lowers. The~ says that if a facility is pn,cxisaing il docs not need to comply with the requircmcllS of the ordinance cxccp1 for ... and it lists catain sui-:tions of Section (G). sublcctions (J), (4), (S). (6). (7). (8) and Section (L). Section (G). be explained, are the gcncni.l guidelines and requirements in the ordinance . He explained that those include the federal rcquimDcnts requiring tbcsc lhillgs to meet all federal standards. radio frequency emission Slandards. prohibiting signal intcrfcrcncc ... you don't walll facilities that will be illlerfering with your public safety communications, requiring that modifications be made in such a way that tlicy do not cause interference, prohibition of advertising on towers. and Section L which is also required of preexisting towers ... requires them to be removed after a period of time if they arc abandoned . He said it is his understanding that tlicrc is a concern with subscclion (G) (4), which says that all towers. including prcciusting towers. musa meet all applicable local building codes. The issue. as he undcrslands it. is a oonccm that this should not be made retroactive, that if there is a tower that got a permit two years ago and if two years from now the building code changes, that that tower should not be required to be brought into compliance . The City Attorney's office asked him to research the issue, he advised. and his opinion based upon thal research. which be has provided to staff. is that in certain cases when it is of a concern for public bcalth and safety ii is appropriate to require retroactive application of ccnain codes that deal with public safety ... and there is a case out of the City of Boulder which required retroactive application of a fire code dealing with installation of sprinklers. in a propcny that previously didn't have ii ... and after discussions with staff that it is his opinion. and stall's suggestion. that tllis is a public safety concern to make sure that the structwal integrity of towers arc mailllaincd in a manner th.1t is consistent with whatever the eiusting Slalldard for safety is at the tinic. So that is in the ordinance in Section (G) (4). He Slated that it is, in his opinion, a policy clccision whether you want to keep it tlicrc . He said there was a concern a mooth or so ago, as to whether Section (J), which deals with specific penniued uses, was consistent with Figure I. Figure I, a& the end of the ordinance, basically outlines what is a conditional use and whal is a permitted ' • • 0 f ] Eacln'ood City Council Jaly6, 1998 ··~20 • 0 I • • use . He said he thinks they have added language 10 subscclion (J) (5) and now all of Seclion (J), subsections (I) through (5) are consiSICnl with Figure I, so he believes thal issue has been addressed adequately . He asked if Council had any questions of him at this lime. If they would like 10 hear other 1estimony, he said, he would ccnainly stick 8l'OWld and be available for questions at whalcver time the Council needs to pose them . Mayor Bums noted that he and Mr. Fellman spoke at lhe Colorado Municipal League Conference about the building code issue and retroactivity . He opined that one of the lime honored areas that you can have retroactivity in municipals laws is the issues of public health. welfare and safely . If that is reasonably enforceable as a policy decision he felt they should apply it. Mr. Fellman advised that it is in there now, that lhat was the result of his research and he shared it with lhe City Attorney's office and he felt Ibey concur ... that he would let Mr. Brot7.lnan speak for himself ... but that was the issue as he understands it and he agreed with the way Mayor Bums described it . Mayor Bums DOied this was one of the areas on which Mr. Fellman gave a presentation on a11he Metro Mayor's Caucus in February. One of the key areas of concern was local decision making on zoning questions and controlling land use at lhe local level, wi1hou1 having federal regula1ors try 10 preempt this area by lheir regulations. Generally. Mayor Bums asked. how are we doing in that regard? He said he knows he has effectualed some communication with lhe industry, lliat previously hadn't been preselll in Washington. on some oflhese issues. Mr. Fellman said lhat generally he thinks we are doing pretty well . One of lhe things that appears in Section 704 is a provision on how disputes are to be handled . Many disputes. dealing with Ilic telecommunications indllSlry and local govenunent end up at lhe FCC and Ibey are heard in an adn1inistrative process. And of course. he noced. for any community in 1l1e country thal is outside the beltway , that means b.1ving to travel to the forum al which your local practices are being challenged and it does create a burden . Section 704 requires that any disputes over lhe placement of wireless telecommunications facilities arc to be heard in a local coon with jurisdiction over the community lhat is dealing with lhe issue. He said he would tell Council that probably. in lhe last two years, there have been about twelve decisions, most of lhem district coun decisions. w~ a carrier has challenged a local govenunent. Either saying lhe denial was improper or you haYe a moratoriunt and the moratoriwn is improper and probably in about two-thirds of those cases the couns have held that the local government acted improperly and required the placeme111 or lhe construction of the tower or in some cases it was putting antennas on a water tank . In about a third of lhe cases. he advised, llie coons have lie Id that lhe cities have acted properly in lhe denial . Thole cases are staning to identify what is the right way to handle these issues and what is the wrong way to handle these issues. He opined it provides good guidance. Mr. Fellman noted that he gave a talk on that issue II the Conference for the anomey's section . He said he can attest for our City Attorney that he was in ancndanc:e and he has a copy of that oulline. He said he is very confident that Englewood will never err on those issues so long as you take his advice. Council Member Bradshaw asked how many places we have idenli6ed lhat we would have to ... she asked if we haYe clone that. Mr. Fellman advised it is not the case where you say ii b.1s to go here. ~ or~. He explained that what will happen is. a carrier will come in and say we have a hole in our system or - are dropping too many calls or we have so many custoniers we need additional facilities. and they identify search rings and they will say we need a site within this geographic area What we have set up is a procas to encounigc either co-location on existing facilities or locations 1111 existing structures. He noted if you can put these things on the side of a building ... if this was a building and you can put an anlenna on the front and paint it the same color ... you drive by , and unless you are looking for it you don't know ii is llierc . He opined that is much better than building a new tower . So. he said, we have created a process where it is easier 10 do that. you can get administrative approval for that. He opined that. if it will wort for the company, they will take the path of least resiSlancc. as will all businesses. If he can get the 7.0lling officer to sign off on it and he doesn't haYe to go to Planning and l.oning for approval and then to Council for approval , he would much ralher go the finl way . Mr. Fellman advised they have tried to create thal kind of incentive st~ in this ordinance, but it will really depend on the individual needs of the company as to ,, - .. ' \ . . · l:r,t • • • 0 ' - Englewood City Council July 6, 1998 Pace 21 • 0 I • • 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. lben it becomes, really, a test of having your expert look at their expert's report and look at the technical data and trying to determine if they really need that or is there some other alternative. So, Council Member Bradshaw said. in some way we do maintain some local control . Mr. Fellman said that is right. Ms . Bradshaw noted that was what she was trying to get. And, Mayor Bums pointed out, some of these can be camoullaged, made to look like a certain kind of tree or whatever. It has been done in some communities. Mr. Felhnan 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 landnwt in the community ... Mount Vernon, George Washington's estate in Virginia, was one of the first ones where they had a fake tree and they have fake palm trees in Arizona and Florida. If you drive down I 2S on Monwnent Hill and you look on the west side. there arc a couple of fake trees there . If you look real close you can tell they arc clearly fake . but again. he said, if you arc just driving by you don't notice it. Whereas a Sleel monopole painted gray would be an eyesore . Council Member Waggoner asked if this industry was considered a utility . Mr. Fellman Slated it is not a public utility, under our Public Utility Statllles. Mr. Waggoner said our ordinance for fees is just strictly utility then. not public utility . And, City Attorney Brotzman advised, you arc building a fee in with this specific ordinance. Mr. Fdlman noted there is an administrative fee that is charged to get one of these permits. Council Member Waggoner said he undcrslands that, but, he asked. aren't all Ulilities in the City of Englewood required to pay a fee for the collection of service ... a service fee type thing. in addition to this. City Atlomey Brotzman said that is righl and this won't be . Mr. Waggoner aid this is not a Ulility then. Mr. Brotzman said that is comet. Mayor Bums asked if Council had any ocher~ ol Mr Fen-. 1'llcR were aone . Ann Cloacr, 4720 Table Mesa Drive. Suilc F . Boaldcr. Colorado . IOld C.-:il .. * •• rq,rcscnting Air Touch Cellular and is a lwl ua: _.. for All Tw::11 SIie _. * ..-"4loldlcancdly with ,. - Mr. Dcnning's 11a1e1nem thal lie feels tJic City Im QIIIK IO •~-..._. dlis ordilmloe. to provide ~ICMCCltodlaa: r--.or ~ .._._-.il"Y She ~ed tbal the onliaalce is very well Millea....,._..,__. .... Mr Fdlman bad to say, there arc juSI a r--in whidl wc llaYe~y .,_.ID....,. 0. -is ..a1y IIOI sublwltive al all it is juSI a matter al cla'ificaljon, SIie 111111 * is IIOI aft Midi VCf'Uml lhcy arc working with, but sbe rd'em,d Council to 16-S-29 (J). one oldie~ -Mr nea-rd'cmid to Herc:. specific permiaed U11CS arc lisacd. she advised, and a question -l1ll9DII .... a ... aad a luilf a,&> al the Planning Commission hearing. as to •-haher or 11111 dus Ilsa •• ~-aad docs II really comport with the chart. She asked Council to llip over to Figure I. pointing out that ii shows al l o( the zone disaricts and indicales whll kind o( process is necessary for the diff'ercnt kinds of faahues She called thev aaention to the bottom o(the chan, under antennae, and SlalCd 1h11 you ','C gOC ~-a,-c antennas, scctorized panel antennas. and whip antcmas. Ms . Oosser rcfemxl back to Section (J) "'here fi\'c differcm kinds o( facilities arc listed that arc specifically permitted. Missing from this. she advised. arc the llCClorized s-id and whip antennas and microwave antennas. Sbc said she has discussed this with Mr. Fellman. and he is of the opinion that the llCClorizcd panel antennas and whip antennas arc induded within (JXJ ). Parag,apb (J)(J) rcfen to antennas on exilling ahe111111i,'C ttM'Cr saruaurcs. she said. Essentially. it says that if you have an antenna. and you arc locating it on an existing altema1ive ttM'Cr structure. you arc a specifically permitted use, which is consillcnl with the chart. She said Mr. Fellman reasons thal in the definition of alternative tower structure. it includes buildings. She said she does not agn:c that this captures scctorizcd panel antennas and whip antennas. because. in the definition scction. building and roof mounted antennas arc given separate definitions. so they arc parceled out for scpanlc treatment . They arc treated separately on the chart as scparaic categories. she stressed . If you read through all the language. she corrunented, ' ' . · . . Irr~ •. ... ••• • f • Ea&tewood City Council July 6, 1998 Paie22 • 0 • which is a little laborious at this point, it says that you can add antennas to an existing alternative tower structure, so long as it does not project a distance of more tlian founeen feet out from the structure. Ms. Closser said she cenainly does not believe the City of Englewood intends to have a building mounted antenna projecting out up to, possibly, fourteen feet . She said she wanted lo reference the specific language that says the antennas could be mounted on existing alternative tower structures so long as it is consistent with any applicable conditions of approval for that site, which previously have been imposed by the City. She said she feels this paragraph is dealing specifically with mounting antennas on alternative tower structures, which are the man-made trees that we talked about. Ms. aosser advised lliat she is not asking substantively for any change to the ordinance:. but rather, for clarity, since the kinds of uses that are allowed are specifically spelled out. She said she secs no prejudice to jurisdiction whatsoever. She opined thal Mr. Fellman was concerned that if you add a number 6 and spell out that sectorized panel antenna shall be allowed in any zone district, and whip anlennas, that he is going to be redWldanl. She suggested that he could just put them in one paragraph for the sectorized and the whip, because they are allowed anywhere, and then number 7 could specifically enumerate the zone districts where 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 allention 10 Section 16-S-29 (0)(3). This paragraph essentially requires that all telccommooication facilities meet or exceed the cunent standards and regulations of the FAA. the FCC and any other agency of the federal govenunent which has aathority over these installations. Ms. Closser did not contest that provision, however. if you continue on, she said, Section (G). paragraph (S) deals with radio frequency standards. The language in this partiadar paragraph requires that. upon application, the provider submit a report that indicates the predicted field measurements of the installations in relation to the FCC standards. She opined that we could jUSl rely solely on the paragraph she quoted earlier. paragraph 3, where we have an obligation to comply with all FCC and FAA requirements. which we are required to do as a maller of federal law. If the City is going to get into issues such as RF emissions, it will probably be getting into an area that it won't want to be involved with. She said she feels the federal gcwcmmcnc has taken control of these issues. She noted, as Mr. Fdlman said earlier, one of the limitations of the Federal Tclccommooications Act oo local govcnmats is that you can't n:gulalc based on perceived bcalth ctrecu. She said she is not suggesting or Ffting into tbll arcna. but she is saying that ii is a little raillndaN and IIIIIICCCS&al)'. lllld again asked if the City n:ally Mm to Ft into thole iaa that are really a matter of fedclal jurisdiclion. Lallly, Ms. Cloaer said she 1-d Mayor Bums' commencs about the retroactive application of building oodes, and, • Mr. Fen-poinled out. that is the last area that we haw: agreed to disagree on. Air Touch takes 1111 issue~ with this.......,.. (3) in 16-S-29 (C)(3). she IISClted. widl rapcct to the rdroldive application of all of thole enumerated rcctions. with the exception of building codes. We feel that other devclopcrs are not required to retroactively apply or come illlo compliance with building codes, she said. and, for this induslry. it ICCIIIS the IJeatrncnl is somewhat unfair. When a facility is built.. a building permit is secured and. before the site is turned oo, there is a final inspection. which verifies that the site is indeed in compliance with operative codes. To ask for additional requiremenls later on. if there ha been 1111 change to the facility , is not consisacnt with Colonldo law, she said. For the record, she said she would like to lodge their wrinen complainc 10 that specific provision. Mayor Bums asked Mr. Fellman ifhc had any comments regarding these conccms. Mr. Fellman said that the definition of antenna. in lhc definition section of this ordinance. says any transmining and/or receiving device . So while there are additional definitions of roof mounted and building mounted. an antenna is any kind of antcima. When we say installing an antenna on an existing alternative tower structure. and an alternative tower structure is anything other than a tower on which you can pu1 an antenna. it specifically says buildings are one of those things. That is pretty clear, he opined. Any kind of antenna is allowed on any existing altemalivc tower structure if it is consistent with the other conditioos of approval for that structure. He said he does not think we need to haw: an additional section that says microwave ancennas are also pennined and whip antennas are also permined. He opined that tha1 ' • "' - •. I ... • • 0 ]- ] • En&lewood City C1N1nci1 July6.1991 Pace23 • • • would create 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 al the Planning Commission, we actually bad a lower nwnbcr on an earlier draft . One of the industry rcprcscntatives said they might need more space, and that these things might project outward longer, possibly to founccn feet. so the Planning Commission said fine, they could live with that. He said he agrees with Ms. Closser that in most cases they do not project out that far, but the reason it is in there is that somc:onc from the industry task forc::c asked for it and the Planning Commission did not havc a problem with it. Mr. Fellman said that he was sJad Ms . Closser raised the issue regarding federal compliance as set fonh in (G)(3) and the request for RF cmiaions 111d the niquilCIIICIII thal a rq,on be provided Ulldcr (G)(S), becallle that is an important issue . He allowed thal be should ba\'C IIIClllioncd it in more detail in his pracnlaliolL If you have a public bcaiag on w of tbcsc facilities, you will, almost guaranteed, have citimls 8* if thcle thinp are Finl to c:aue illlcrferencc with miaowavcs and garage doors, and whether kids will be safe and cxpras all kinds of bcalth CXIIXlCfflS. Mr. Fellman said you don't have the cxpcnisc to "-if the SlaDdards are too high or too low. the federal government docs set those . As an elected official , when you tell a constituent that you cannot set the 5llll1dards, it is because thcle are the federal Slandards 111d the law says, if they meet the standanls, you cannot consider the issue any funhcr. He added thal, when you say that, he should be able to add that you have been assured, by test dala, that they will meet the standards, not simply a lcUcr that says -arc obligated to comply with the federal Slandanls. This probably means that you may havc to hire m outside cnginccr to evaluate the informlion and report that this docs meet the federal standanls. that is why you have an appliCllion fee on thcle things. he said. But if it is imponant to you to be able to -,e the citizens that the federal Sllllldanls will be mcc. then you must have a provision where they prove thll the federal IIIDdanls will be met. This will be a policy decision as to how far you want to get into it, he added. Mr. Fellman said be already ~ about the building code issue so he would just leave that, unless Council had specific questions. Tbcrc were no funhcr questions and lhcrc was no one dsc present to speak to the issue. COUNCIL MEMSER WAGGONER MOVED. AND IT WAS SECONDED. TO CLOSE THE PU8UC BEARING TO GATHER Cl11DN INPUT ON COUNCIL BILL NO. 2'. WHICH WOULD APPROVE PROPOSED AMENDMENTS TO ntE CITY OF ENGU:WOOD'S TEU:COMMUNICA TIONS ORDINANCE. Ayes : Council Manbcrs Nabholz, Bnidshaw, Waggoner, Oapp, Bums Nays : Nw Ament : Council Manbcrs Gama. Habcnichl Mo6oll carried and the public ..... doled. Council Member Bradsbaw 8*cd if the rcsolUlion would be brought up at the next meeting. Mayor Bums confirmed that it would. llating thll the usual proCICSS is not to vote 0t1 the same night of the Public Hearing. • •••• !Clerk's note : Council Member Garrett raumcd to the meeting. I (a) Approval of Orduwlc:cs on Finl Reading COUNCIL MEMSER NAIIHOLZ MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I). (II). (Ill) aad (Iv) ON FIRST READING. "' -. ' .. • • 0 ]- • • • 0 • Englewood City Council July 6, 1998 Page24 (i) COUNCIL BILL NO . 33. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BE1WEEN 1lfE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE 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 SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT 1lfE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF 1lfE 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 THE CITY OF ENGLEWOOD AT 11IE 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 PERJOD FOR SUBMITTING INITIATIVE PETITIONS PRIOR TO AN ELECTION FROM SIXTY DA VS TO NINETY DAYS . Vote re.Its: Ayes: Nays : Abscnl: Motion carried. Council Member.; Nabholz. Gam:11. Bradshaw , Waggoner. Clapp, Bums None Council Member Habenichl (b) Approval of Ordimnccs on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (It) (I) ud (II) ON SECOND READING. (i) ORDINANCE NO . 40 . SERIES OF 1998 (COUNCIL BILL NO . 31. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO 1lfE ENTERPRISE ZONE MARKETING CONTRACT. BETWEEN THE COLORADO DEPARlMENT OF LOCAL AFFAIRS . ECONOMIC DEVELOPMENT COMMISSION ("E .D.C. ") AND 1lfE CITY OF ENGLEWOOD . ' • ...... •. •· • , • 0 I• • E•&tewood City Council July 6, 1998 Page 25 (ii) ORDINANCE NO . 41, SERIES OF 1998 (COUNCIL BILL NO . 32 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUllfORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN 1HE COLORADO DEPARlMENT OF 'ffiANSPORTA TION (COOT) AND 1HE CITY OF ENGLEWOOD, COLORADO WHICH PERTAINS TO 1HE DESIGN OF 1HE PROJECT TO WIDEN AND CREA TE MEDIANS ON BROADWAY BETWEEN U.S. 28S AND YALE A VENUE IN 1HE CITY OF ENGLEWOOD . Ayes : Nays : Absent: Motion carried. Council Members Nabholz, Ganett, Bradshaw, Waggoner, Clapp, Bums None Council Member Habenicht (c) Resolutions and Moiions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (l), (ii) and(iii). (i) RESOLUTION NO . 80, SERIES OF 1998 A RESOLUTION APPROPRIATING FUNDS FROM 1HE 1998 BUDGET FOR 1HE DESIGN OF BROADWAY WIDENING AND MEDIANS PROJECT. (ii) CONTRACT WITH WHEELED COACH COLORADO IN 1HE AMOUNT OF $79,019.00 FOR 1HE PURCHASE OF A 1998 TYPE III FIRE RESCUE VEHICLE. (iii) CONTRACT WITH STACKHOLM DEVELOPMENT IN 1HE AMOUNT OF $27,780.00 FOR 1HE NORTH ENGLEWOOD ADA RAMPS. Vote~ Ayes : Nays : Ableal : II . .......Aaimu Council Members Nabholz, Ganal Blllllslmw, Waggoner, Clapp, Bums None Council Member Habeaichl (a) Approval ofOrdiDMOCS on Finl Rcadiag (i) Din:aor Simpson praentc,d a n,oom111eada11cm from the Oepartmeni of Ncipllo,tiood Md ~ Development lo adopt a biU for • onlulace audiorizing the lnnsfer of prapeny 10 die Ellglewood Enviroamenlal Foundalioa. He ad\ilCld lhal Ille Foundation Board of DinlClon -pr-. IO __. Council 's questions. Mr. Sinlpmn said die:) believe lhis is a \'Cl)' imponaai onliawle IO lw1laer die demolilion and fCldevelopmea( olCiadcrdla City. Ma)"Of a.r.llikod if Ibis is Ille lasl 11111 oflhe pniaa llnlaurc. Mr. S....,. rapoadod dial Ibis would '* die p,DlliGa 11111 illcludes lhe palling structure and -ii • ... ..., ol llle Eaglewood •. ... •· • 0 , • 0 - E.ackwood City Cooncil July 6, 1998 Page26 Enviroomental 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 Garrett asked, regarding liability issues, whether the Foundation has inswance to CO\/er personal liability, or ifthal 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 protccled by the Governmental lmmwlities Act . Mayor Bums said he was glad that we have covered that with an inswancc 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 Atm«>RIZING THE TRANSFER OF PROPERTY KNOWN AS CINDERELLA CITY BY THE CITY OF ENGLEWOOD, COLORADO TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE. AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 38. Motion carried. Ayes : Council Members Nabholz. Garrett. Bradshaw. Waggoner. Clapp, Bums Nays : None Absent : Council Member Habenicht (ii) Business Community Coordinator Scibelli presented a recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance allhorizing the lease of a building to be used as a Business Development Field Office. Mr. Scibclli reminded Council 1h11. earlier this C\'Clling, the progress to date was reviewed regarding the Soud1 Broadway Action Plan. One of the items tbal was included as an action area in the plan, back last spring, was the opening of a Business DcvelopmePt Field Off"ICC . 1bc operative theme for our business development program of rdcatioa 111d rcdevelopmcnt these last lhree years bas been QOllllllunity outreach, he advised. We arc asking tbal Council CIOlllider approving a lease this evening, for an initial period of twelve months, on a facility at 11 West Hampden A-. He said this is a lliply visible. easily accessible facility for coordination of the implf CT SMioD of the Salltll BnlDdway Action Plan. He cxplaiacd ii is • very critical juncture in the coordilllsion of the capilal ilapo. s pn1p1111 aa,ciascd with the TIP and COOT funding. as well as the specific .:tion items tbal WCR idcllliflCd tllis evening. for the immcdiale Amuncr and fall lDOIIShs. in die implemal«MioD of the physical w.pco.twalls OIi Soush BIOad,ny IOUth of 285 . Mr. Scibclli opined dlll3 this ism opponunity to capitalize oa die nancntwn lhas bas been established, and create an cnvironmcat to med directly . one on one. with mcrdlants and design professionals as we carry out many of the prop.-tbal they talked llbout earlier. Council Member Bradshaw asked if this was formcrt y a coffee shop . Mr. Scibclli confirmed that it was fonncrty McGuire 's Coffee Shop. Council Member Clapp said this addressed how half of it would be funded . She asked if the other half would come out of Neighborhood and Business Development's budget . Mr. Scibclli said thal is com:ct . Ms . Clapp asked if this ends when the Fole y's building is finisllCd . Mr. Scibelli responded thas the n,qucst tonips is to have the initial period of twelve IIIOlllhs "ith an opponunity for renewal . The objective of the program is the South Broadway Action Plan implementation and the COOT coordination with merchants. ,. - ... • •• • 0 ]- l.a&lewood City Council July 6, 1998 Pacel7 • • , . • 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 ifit 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 effectiveness 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 have to come back and renew that agreement. Mayor Bums added that Council would have to approve any extensions. Council Member Waggoner asked who would Slaff the office. Mr. Scibelli said it would be SlafJed by himself and at least one ocher intern, most likely two . Mr. Waggoner asked if we are shon of space here. Mr. Scibelli responded that we are critically shon of office and conference space, panicularly for the immediltt future and the propun that we outlined for South Broadway. As a practical matter, he said that be is in nci:d of an office just in the inunediate future. Director Simpson said he would love to address that issue . We are critically shon of space, he said, and this is coming at a very opportune time. Besides the fact that Mr. Scibelli does not have access to an office upslairs, there is no room left in the building and we are al a point where we need to find some space for him. Council Member Bradshaw asked how much of their business is done outside the office. Mr. Scibelli said, as a practical matter, a lot of the business is done outside the office and it would be a good opponunity to have an office facility environment that is on the same turf as the business community and make it a win- win for both of us. Mayor Bums said he is intrigued by this idea. and that it is a good relationship builder. He said be has been to many of the manufacturers' round table meetings and those contacts are all outside. He commented that they were duly impressed at the Study Session by the work Mr. Scibelli is doing on the South Broadway Action Plan. He said he thinks this is a good idea. Council Member GarTett said he had hinted at the possibility of n:newal, but the one tiling that is not in the agreemcot is any possibility of raiewal. He asked if we would have the option of renewal upon the appropriation of'funds. It's still at the City's option, but we could lock in the lease rate. He said he is in favor of having govemmenl OUI there, and ii would be nice to have tlie contract reflect that we could have the option to renew, if they think that is what they want to do, as opposed to going back and having the n:nt tailed. City Ma-., San asked if we aiuld make that adjustmenl. Mr. Scibelli responded affirmatively . The initial apCICIIICIII was for twenty-four months at this rate. he said. and it was recommended thal we IIO with die lwelw IIIOIIIM. The lew a,,c,emcnt. per the recommendation of the City Attorney , does rdlect tllat die ..,._. is balat upon funds appropriated on a yearly basis by the lessee . Thal was discuDed with the building owaer and be undc:1-.ds this is uadcl' the Brua: Amendment. City Anomey Brownan said the only requirement was to have langua,c that you have to appropriale the ~-You can~ multi-year conllllCts, as long as you have an appropriations provision. Mr. SimplOD said we can accomplish this. we will just insure there is an option to renew at the same lease rate. we will do it twelve and twelve . City Allorney Brotzman said if Council makes that motion . The City Clert was asked to read Council Bill No . 39 by title : COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER NABHOLZ •. • • 0 , - • • Eapewood City Council July 6, 1998 Pace28 • 0 , . • A BILL FOR AN ORDINANCE AUTHORIZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HAMPDEN A VENUE TO BE USED BY THE ENGLEWOOD NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMEllrf AS A BUSINESS DEVELOPMEllrf FIELD OFFICE. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 39. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AMEND THE AGREEMENT ATTACHED TO THE ORDINANCE TO REFLECT THAT WE HAVE THE OPTION TO RENEW FOR ANOTHER 12 MONTH PERIOD AT OUR SOLE DISCRETION. Mayor Bums asked if they needed to add that we need to appropriate the fWlds . City Altomcy Brotzman advised that that is already in there. Ayes: Nays: Absent: Motion carried. Council Members Nabholz, Garrett. Bradshaw. Waggoner. Clapp, Bums None Council Member Habcnichl Vote re111h1 on motion to appl'O\lc Couacil BiH No. 39 u -•IIH: Ayes : Council Members Nabholz, Garrett. Bradshaw. Waggoner, Clapp, Bums Nays: None Absent: Council Member Habenicht Motion carried. (b) Approval of Onlilwlccs 1111 Secoad Reading There were no additional items submitted for appnw.tl on second reading. (Sec Agenda Item 10 -Consent Agenda) (c) Resolutions and Motions Tbcre were no additional resolutions or motions submitted for approval. (Sec Agenda Item IO -Consent Agenda.) 12 . .._....,...._ (a) Mayor's (]IOice (i) Mayor Burns thanked C\'Cl)'OIIC for their hard wort on the Founh of July oclc:bralion. He commented that "'C had a wonderful fireworks display and thanked Crime Pl'C\'Cntion Officer Nancy Pelcnon and all the coordination of the Safety Scivices Depanmcnt.. We had fire trucks and a aJOnlinaled dron with the Littlecon Police Dcpanmcnt. Over the several years thal we hav-c doac this. tbc enforccmcnl and pn:SiCIICIC of the Safety Scrvica pcnonncl has really reduced altcrcalions and diWICUltiel to practically nothing. he said. They ha,'C really done a very fine job of letting the public know wlw the rules and regulations arc and being a v-cry strong presence . We had SC\-cral thousand people lhett and they did an excellent job, he said . (ii) Mayor Burns said he altcndcd the East Eastman Small Child Puade carticr ia tbc day. They broughl out the new TdcSqwt. which CV"Cryonc enjoyed a pat deal . He tllankcd Suety Scrvica for lbcar a,operalion "ith thal. ' • •. • •• • 0 -• 0 • En&Jewood City Cwncil July 6, 1998 Page29 (iii) Mayor Bums advised that he attended the Colorado Municipal League Conference in Breckenridge. He said he has a report that is about ready on that. (iv) Mayor Bums commented that he is very impressed with 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 developments on the Cinderella City project. This is starting to seem more real all the time, he said, allowing that we have many hurdles ahtad. (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 tll3l we need to bring this back into Englewood. 2. Ms. Nabholz said she would like to thank the Department 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 tha1*ed 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 Swlday, she noticed a big ladder above the Salvation Army building and she thought something must be on fare . She said she did not railize it was a safety equipment check. Ms . Nabholz said she was illlpRISCd and learned somcdling .-. because she did not reali7.e thac the equipment was checked every Sunday . S. Ms. Nabholz said the traffic signal boxes. which she was ping to 111m ia for having graffiti on them. have already been painted. She thougN it might be mmething that should be looked ll. especially in the Danmouth and Broadway and the Bates and Broadway inlerteaions. Since they are painted while, she suggested pulling die En~ logo on them. (ii) Council Member Bradshaw : I . Sbe extended bdol to Neighborhood and Business Development. She ra:ogniz.cd 111111 they have bad their plale full for a long time and an: doing an excdlenl job. 2. Ms . Bllldshaw said she las I question about the silver clots and the -,e clots on the sidewalks . She alked if they ran out of oran,e paint for lidewalb dial iad to be in I sidewalk district. She said she bad a call from one of ber neighbors who no loap bad • onage clot, bul now has a silver doc . Enai-iDI M-,a Kahal rapoaded that the silver and onage clots have to do with the Concrete Utility . Initially. folks wen: out nwting concrete, and whal we have enoouatered •;th the paving dillrict bid is COIICrdC prices an: up about 40% over a year ago . So. he c~plaincd, the silver an: probably locations that will be in a future program and not this year ' I progrmD. Mr. Kahm said notices •·di be IIClll to the property owners when the final COIICfflc lisa is put together explaining •-here we an:. Raponding fw1hcr to Council Member Bradshaw, Mr. Kahm explained 1h11 the Concn:tc Utility foou the whole bill and the City pllticipatcs for concrete that -hi•orically the City's rapoasibility. • • 0 , • Enckwood City Cooncil July 6, 1998 Page30 ·, • 0 • But, Cooncil Member Bradshaw asked. people could go out and fix their own without being in one . Mr. Kalun said yes. 3. She suggeslcd looking al a four-way Slop at Girard and Lafayette. That is cx,ming 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 fly up Lafayette, because they fly off the highway and fly down to Floyd. 4. She thanked City Manager Sears for above and beyond the call of duty, as two weekends ago, he 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 couldn't reach her. She said she called Mr. Sears al 8: 10 Sunday morning and asked ifhe would pick up a dead squind . City Manager Sears said he and Bob Moore and his son took care of it Ms. Bradshaw opined thal there should be 10111C provision for citiz.ens with regard to dead animals. cspecially with the hot weather. She said she called dispatch and they said they would pick it up Monday . Mr. Sears staled that we are actually doing a weekend animal control experiment. Starting last weekend, there are animal control people on duty and they can be reached through dispatch. Director of Safety Services Olson confinncd that they are experimenting with this on the weekends, but he is not sure they will keep it up . They will have to look at the volume of calls to justify having someone out there. Then again, he commented, they would only be on duty eight hours. so there would still be a large period of time to be covered. He said he thought Ms. Biadshaw called and spoke with one of the newer trainee dispatchers who did not have the answer . Ms. Bradshaw said that she told the dispatcher that her answer was not acceptable . Director Olson said they change dispatchers frequently and they will not always have the answers. He said there was a miscommunicalion on that, and the City actually will send out an on-call animal cnfon:emcnl olTICCI'. 'This was on a citizen's property, so there is a certain amount of responsibility on the part of the citiz.ens to take caR": of these things on their own, but we will normally come out. Ms . Btadlbaw med if-normally do have this service available to our citi7.ens if they need it Mr. 01-. ,cspoadcd affirmatively . S. Ms . Bradsllaw said when diey tum in the C.ouncil n,qucsts. there should be some anonymity . She said she doesn't think we need people out there saying "well Council Member Bmdshaw called about this, about you womng on cars in your driveway and doing a car repair place in an R-1 A•. she just doesn't !him that is appropriale either. City Manager Scars asked if they should diminate the name of who they want to be respoasive. Ms. Bradshaw said she Wldcrslands being responsive, but she docs not know that it is up to that codc enforcement officer or that police olTICICI' to say which Council member called about, for instmclc, the junk in their yard . Council Member Wagoner said he agrees and he feds it should apply to all of our citiuns, also . Council Member Nabbolz agreed. She said she feels that is why mmc of tbc seniors do not call the Qty. but call her instad. She said she is aware that her name has also been given out • the person who turned in code violators. Ms. Bradshaw said most of our ordinances are enforced by complaint only, and, unless we run into 1 sitlllhOli where everyone is crou trained, where if a fire person, for inltance. saw a problem he would go aliead and report ii. or a police person, or a parts person. She said she will stand up for what she says. that is not the problem . City Manager Scars said WC will take I look II that . Council Member Waggoner said he is more conccmcd about a citimi being amid to call in bccaulc of being afraid of retribution. Council Member Oapp said it ' ·- .i • •• • 0 - - • Ea&iewood City Cooacil July 6, 1991 Pagell • 0 I~ • 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 to be called back and most say no contact, so they arc generally anonymous calls. If they say they do want contact, they always go to the reporting party first and from there make a determination whether to go over or not. He said they normally 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 al some point they might say it was a Council member. We IJy to tell them. though, not to use a name as far as a complaint goes. but just say a complaim was filed . People arc 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, this is a responsibility you take as a citi:zen, and the people in the neighborhood arc going to know who made the call. Mr. Olson said he will talk to his staff again. and, unless there is a specific need, we won 't use the complaining party'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. 11len we have no way of getting back to them to tell them what progress we arc making. He repeated that they will by to avoid using names, Council's and the citizens·. (iii) Council Member Oapp: I . She thanked Neighborhood Business and Development. recognizing that it has been a long three years since we started the Broadway Conidor project . She said she knows that her constituents in Dimict 3 arc going to be very pleased when they sec the progress that we , as a City and Council, have made on that . 2. Ms . Oapp informed Council that her neighbor's car was completely burned out over the Fourth of July by illegal fireworks. She thanked the Fire Department for their quick response . Fireworks were really rampant throughout Englewood this year and she said she can't imagine what it was like for our police officers 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 stn:et dc:partmc:nt from someone: who is normally pretty critical of the Qty. He said the street dc:partmc:nt people were doing some Slrc:et work and were very courteous, they knew exactly what they were doing. and he thought they should provide some clasac:s for Denver. 2 . He commented on Mr. Emison 's problems. He said that area over there was platted long ago with large, very long lots from stn:ct to stn:et . Years and years ago, the City Council actually took a position on it, bccaule Dorothy Romans prc:sc:nted it to Council, that we were not going to buy any right.of-way. he rccalled . Exactly, Council Member Bradshaw said. Council Member Waggoner noted there were about three or four of those blocks over there dl8t we were not going to buy any right.of-way for lbolc: ...._ 'Ibey were waming to sell off the back parts of the lots for development. and if they wanlCd to develop it and make money on it , they were going to have lo dedicate the right.of-way. The reason that the oaes that ' •· • 0 - - • • Englewood City Council July 6, 1998 Page 32 • 0 • are here now, were dedicated, is because those people actually gave the City the back pans of those lots to provide a SIJ'eCI . They got so far and they couldn't get any more, and the citizens that owned the propeny 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 . The City did 11111 cause this, the people wanted it and they were going to follow through with it, he assened. It was 11111 the City's problem or fault. Mayor Bums said that you can suucture real estate contracts so that you have due diligence clauses, where you have all kinds of outs if you find something that is not acceptable to you. He said he does not know what this gentleman had, but he did not seem to be too terribly well infonned when he purchased it as to what his challenges were. City Attorney Brotzman said he bought this at a tax sale . Council Member Nabbolz said he has been to every departmenl CoWICil Member Bradshaw said she does not know that we are in the business of helping people develop their land . She recalled that we had problems with the Littlejohn propeny down there off of Oxford, until people donated tlie right-of-way to put a 5IJ'eCI back there. City Manager Sears said we are 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 this, 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 are very close to responding to this from a legal Slandpoint. Mr. Scars allowed that he may 11111 like the response, because there is no code, that lie is aware of, that requires this to happen. We are going to tell him that he has an obligation to follow through. but he may not be satisfied with that. Council Member Waggoner said the City had dozens of meetings wilh tl1ose propeny owners in that area. 13 . City Maaager'1 Report (a) City Manager Sears said he also appreciated the opponunity to go to Colorado Municipal League. He said he went to a nwnber of good sessions. (b) City Manager Sean advised thal we have received about 70 applicalions for Human Rcsourccs Director and should receive in the neighborhood of 200 . He has asked the staff to work with him, he said. recognizing that it is a very impo,tant position for the City . He said he will keep Council posted on that. (c) City Manager Scars said thanks to the City staff. They have really been working extremely bard putting together this project at Cindcn:lla City . All of the different activities they have going on ... Police and Fire did a grcal job this lasl weckcnd and the code issues here are difTICUlt He said he is not sure we have an answer to those issues, but he appl'CCialcs the pa&icncc thal they have. NBD in particular and Chuck Esterly and Rick Kahm in tcnns of Cinderella City, all tlicir work. and yet they seem to continue to push a bunch of other issues thal are impoltanl for thc future of thc City . (d) City Manager Scan aiggested. regarding bis evaluation by Council , potentially looking aa the 2..,., perhaps after the identity meeting. He said he does 11111 know what Council has dooc in the past or wllal the bcsl process is . Mayor Bums said it varies . Some of tlicm are based upon goals and objectives previously set , bul we alwa ys seem to be bouncing around trying 10 find tlie best way to do it . Mr. Scars said lie looks forward to a dialog, for the most pan, with some ideas Council may have . (c) City Manager Scars said his daughter is going 10 the University of Oregon and he is looking forward to taking her tomorrow night. after which lie will be spending about a week tllCre with his family . Plllls and Recreation Director Black will be here during that time, he added. ' 4 ,. - • • 0 ' Eaaleweod City c..dl .... ,, .. ,,. Paaell 14. City Attenaey'1 Report ~. • ,.. • • (a) City Auomcy Brottman said. rqarding the reviews, one of the issues that Council Member Wauoner had -a cx,mparMwe maJysis of benefits from city to city . He advised that is wbal we arc lrying to have AdminislralM Servica put lo,cdlcr for both or our positions, so Council can by to c:iompare apples to apples. He said, from what he has lard so far, that is much easier for city managers than city attorneys, simply because city allomcys have a wide wricly, such as outside practices and firms, ID it is tougher in that lll'CIIII. ••••• Mayor Bums advised that Jca Gerardi reminded him that his bud will be playing next week on the 16• at die EDDA CIIIIICelt, and Dr. Genirdi has uked Mayor Bums to CIOllduc:t one of the marches. He jokingly said that nay be a n:ason to Mtcnd, or to DOI Mtend . •. .. • • 0 - • • 1 . ·2 . 3 . 4 . 5 . • 0 , . • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 6, 1998 7:30P.M. .J · Call to order. '7 ~ ~ Invocation. /J~ Pledge of Allegiance . ~ Roll Call. /p ~J / 1.1,tuJ-{ //A9')J.(!Jl(J Minutes. " - /)J)l)J t.j.. -)... a. Minutes from the Regular City Council meeting of June 15, 1998. ~ -('A/tfAIAJ: ~R.l.Err f,/A/MAkJ) 6. Scheddied Visitors. (IS!ease limit your presentation to ten minutes.) a. Race car drivers Roger Avants, Richard Burton, and Roger Mitchell will be recognized for their endorsement and support of the Englewood Neighborhood Watch Speed Pledge program. . . , • 7 . lt.N~•,ifh~~X1itors. (Please limit ~r ~5j/n~7A)five minutes .) fl'. ~ IA)D'( 4MU6A-AJ 8 . Communications, Proclamations, and Appointments . A resol.uti?n ap~n!"j.!·~·,Barnes to the Englewood Clean, Green and Proud Commrssron ... ,,"'77""' -..... A resolution reappointing J . L. Barnes to the Engle~ Liquor Licensing Authority~ A resolution appointing Carol Belt to the Englewood Public Library Board .8JI..J,il.J.,,,r A resol.utl?n ~n~,:it ~rens to ·the En~wood Clean, Green and Proud Comm1ss1on . """?I"~~ · . . . ~/ h.!r~ A resolution appointing Robert CUaidy to the E~ Water and Sewer Board.~ ..,,,,,~-o . iJ, • ._JI. f. A resolution appointing Jul~ f~~ as a youth member to the Englewood Parb and ~ f Alf!'~ Recreation Commission :.~~ ' . . •. • • 0 ' • • - • 0 • Englewood City Council Agenda July6, 1998 Page2 ~~g. ~1,t/ h . t-,.~ i. Rtu,, /,fp j . ~k. ~6</1. ~Vjm. ~!Jon. f!,Jwl-'l! 0. RJ-.f/J..P · ~9jq. ~f/t/s. ~'15'- ~t,U, RIM'l'lv . ~w. f.W11r · A resolution appointing Judy Courtwright to the Englewood Public Library Board . ~ A resolution appointing Nj~I~~~ a; a youth member to the Englewood Parks and Recreation Commission . """1'11...,"" A resolutio~!~lll?~~tin~mmett Duemke to the Englewood Downtown Development Authority . l'Jf.Ll,,U,IIAF A resolution 8j>~i~1~c~ueline Edwards to the Englewood Clean , Green and Proud Commission . v• "1f1''11V - A resolutioJ!!l~~~g ~ Steve Finer to the Englewood Downtown Development Authority . n,._,,,,,,- A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority~ A resolution ap~jntin'1_c;ol_!I Hayduk to the Englewood Planning and Zoning Commission . ~~ A resolution re89B.oi11tin;1 Mik~ Heberling as a youth member to the Englewood Public Library Board. /8~ A resolution appoi91i.ng_Mije Heberling as a youth liaison to the Englewood Cultural Arts Commission .~ A resolution appointing Norma Holmberg to the Englewood Election Commission .~ A resolution lll)pointing Rosemary LaPorta to the Englewood Downtown Development Authority .~ A MHllflie,. 8'1!1Bil1ti,.1 ihe .. ,. kH,.aNI le•• ,,.,1e .. aellll tle111ei119 Awl:laliy PI.I.L.l£.iJ A resolution reappointing Corrine Lindsey to the Englewood Cultural Arts Commission.~ A resolution appointing Dale McCullough to the Malley Center Trust Fund. ~ A resolution appointing Robin Ott~n to the Englewoodt~bli~ ~~l'aiy·~~rd . ~ A resolutio~~nting~ Galy Oxman to the Englewood Downtown Development Authority . fl~ A resolution reappointing Martha Warner to the Englewood Cultural Arts Commission.~ A resolution ~n~nQ Dena_Zocher to the Englewood Clean, Green and Proud, Commission .~ ;>,_1tHUJ~l~/!~r ~UT/A)(j1FD/l. rHE-,11t1t..H~ J.d. u) 'l. ~ j • • • lftt. J,ftubllc n o c~~. 1 o . , which would approve 9 . '7'5-<J proposed amendments to the City of Englewood 's Telecommunications Ordinance . /-l<£IJ FE~lrAJ .).-A-,J A) tl() $ER_ a;,,d5-0 ~~.-Wu.-~~~ ' ...... I ., • • 0 r - • • • • • ,. ,!ngl-ood City Council Agenda July&, 1998 Page3 10. Consent Agenda. 4¥Jb,/ 1,-o a/},fj~jval~e~~a~g._ /0.t.. i i/ 11i;-1"v r rr' ~ouncil Bill No. 33 -R7cfm~~on from th/DeJrtment of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an lntergovemmental Agreement with Arapahoe County to conduct a coordinated election. STAFF SOURCES: Loucrlahia Ellla, City Clerk and Frank . Gryglewicz, Director of Financial Services. ii. Council Bill No. 34 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance amending r.ue 8 (Elections) of the Englewood Municipal Cod . STAFF SOURCES: Loucrlahla Ellls, City Clerk and Frank Gryglewicz, Director of Financial Services. iii. Council Bill No. 35 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iv. Council Bill No . 36 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum. STAFF SOURCES: Loucrlahia Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. /,-ob. /Jr-lf/2f~a! ~f 0~ ~econd Readin}J 6-1. T ii 1/d ,._,, ,1.L: ;;n' ~ii Bill No. 31, ap~ntergovemmental Agreement with the fTtJl?""fV Colorado Department of Local Affairs for an Enterprise Zone Marketing Grant. ii. (N./hl/ Council Bill No. 32, approving an lntergovemmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians. ~ Resolutions an~:.zj"~ /() l i ii f-iii 'fJfld ~mendation from 1,, ~ent of i=f'nancial Services to adopt a I') .. __ IL resolution approving a supplemental appropriation for the Public lmpRMNnent /Cll(P'" i{) Fund for the design of the South Broadway Widening and Median Project. ii. iii. STAFF SOURCE: Frank Glyglewlcz, Director of Flnwlal Ser;;tcea. Recommendation from the Department of Safety Services to approve, by motion , the purchase of a fire truck. Staff recommends awarding the bid to the lowest bidder, Wheeled Coach Colorado, in the amount of $79,019.00. STAFF SOURCE: Jim Ulrich, Emergency Medical Services Coordinator. Recommendation from the Neighborhood and Business Development Department to approve, by motion, a contract for the North Englewood ADA Ramps . Staff recommends awarding the bid to the lowest bidder, Stackholm Development, in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst. -~--. •. .. . ..,,. • • 0 - 1~ • • • • .. I'. Engl-ood City Council Agenda July&, 1998 Page4 11 . Regular Agenda. Approval of _Ordinances ~n First R,~ng. . . . . ... ~ .. a . -,· Council Bill No . 38 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance authorizing the L¥MJ /,-0 transfer of property to the Englewood Environmental Foundation . STAFF ,-(f"A SOURCE: Bob SJIR~, pl~ Neighborhood and Business Development. ~ i. ii. Council Bill No. 39 • Recommendation from the Department of Neighborhood ~ .-~ _ J _ 1 and Business Development to adopt a bill for an ordinance authorizing the lease .U.-l:~ of a building to be used as a Business Development Field~ 111-0 SOURCE: Art Sclbelll, 8...._ Community Coordlnalar. APf'O Ml OMIIETT MO\IED TO AMEND THE IElolENT b . App~ofOrdinancesonSecondReadlng. ~=-n!:~~~~T: ,,t::7 . 12 IIONTH l'ElltOD AT OUR SOLE D1SCRET10NCM # 1/1 \ c . Resolutions and Motions. / ff 12 . General Discussion. a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. a . Engle~ Update. '· 14. City Attorney's Report. Ad~f/:5§~ The following minutes were transmitted lo Cly Council belwNr'l 81121118-7fb'SII : • Englewood Clean, Green and Proud Comml11lon meeting of May 12, 1911 • Englewood Board of Adjustment and Appeals fflNlingl of January 14 and May 13, 1998 • Englewood Code Enforcement Advllory CommillN meeting of May 13, 1998 • Englewood Cultural Arts CommiNion mNlings of May 5 and June 3, 1998 • Englewood Planning and Zoning Commiuion mNllng of June 2. 1998 PINN nola: Nyou hew• dl11ldllyandnaad....,alda••fl111, ............. CllrGl la .... aOOII (712-2405) at INat 41 houra In ...... ol ..... ..._ ......... 1-* ,ou. •. . , • I .. • • 0 ]- ] • • 1 . 2. 3. • 0 • AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 6, 1998 Call to order. '71?{ ~ Invocation . /)~ Pledge of Allegiance. ~ 7 :30 P .M. 4 . RollCall . ~~) /llJ4..hr{//A!JMJ@//J 5 . Minutes. [/J)./)J 4 -;J... a . Minutes from the Regular City Council meeting of June 15, 1998. ~ . [',f !:fA/1); 6/tR.l.Err f::,l:J/)srtAl{)J 6 . Scheddied Visitors. {Please limit your presentation to ten minutes .) a . Race car drivers Roger Avants, Richard Burton, and Roger Mitchell will be recognized for their endorsement and support of the Englewood Neighborhood Watch Speed Pledge program. 7 . Non·S~ht.<tuled Visitors . (Please limit Y9Ur i:!.._r,sentatlon to five minutes .) 4.. tt/l.T l!./tl/aDAI ~. JUN lftlrU/A) II'. ~ IA)D'( c$MU4~IJ 8 . Communications, Proclamations, and Appointments. "'~ &it5?"'r:~ ~5K'lf>'~~ ~~""~~ A resolution ~-.~·-Barnes to the Englewood Clean, Green and Proud Commission. ..,, ~,v-.,, A resolution reappointing J . L . Barnes to the Englewood Liquor Licensing Authority~ A resolution appointing carol Belt to the Englewood Public Library Board.~ O,. A ~ /,0 4 A resolution ~n~t ~rens to the Englewood Clean, Green and Proud ~ "l'f". r,-1) Commission . vv-r,'.,,.,'-<' · ~~/ 'ff>/v,o A resolution appointing Robert Cassidy to the Englewood Water and Sewer Boald .~ £),. AJI. f . A resolution appointing Ju~ia c· iera as a youth member to the Englewood Patu and ~ f J...~-1~ Recreation Commission . . ---,r"' ' ' PINN nole: It you haw• dlsablllty and need auxlmy aka or wvlcaa, plNle nollfy the City of Inglewood (712-2405) at !Nat 41 hcu'a In actvance of when NrvloN .. nNded.. 11w1k ,a1L • . I • • • • ,. - 0 I• • \, Englewood City Council Agenda July 6, 1998 Page2 ~~g. R.w-v1 h . R.luJWR i- f?,1g.11J,'7 k. ~6f'I. Ru»~9m . /?JAH'lo n. f!Jll;l'll 0 . fdu,t!fJJ s . ~IJSl- ~~ u . /?.wr;rr · ~w. ~- 9 . ~5-{) A resolution appointing Judy Courtwright to the Englewood Public Library Board . ~ A resolution appointing NJ~l~~i~ a~ a youth member to the Englewood Parks and Recreation Commission. "'"7'17'.,_.,/../ A resolutio~ !eal?p~~tin~mmett Duemke to the Englewood Downtown Development Authority .f'J~ A resolution ay~i~~~c~ueline Edwards to the Englewood Clean , Green and Proud Commission . v• '"1?'""' - A resolutiof._!l~!i~g J Steve Finer to the Englewood Downtown Development Authority . vv-r,~ A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority~ A resolution ap~!ntin'1_Col! Hayduk to the Englewood Planning and Zoning Commission . IJ~ A resolution rel!QJ10i1?tin.,9 Mik!_. Heberling as a youth member to the Englewood Public Library Board . ~~ A resolution appoil)fjng_Mi~e Heberling as a youth liaison to the Englewood Cultural Arts Commission .~ A resolution appointing Norma Holmberg to the Englewood Election Commission .~ A resolution !lPPOinting Rosemary LaPorta to the Englewood Downtown Development Authority .~ ,t. ,eeehttie,. 111919ai,.ti,.!I ih1111,. l:ae1111NI 111 ltl11 li,.9lu.aal!I M1111111i119 Awltlesily ,P/,tLL.£b A resolution reappointing Corrine Lindsey to the Englewood Cultural Arts Commission .~ A resolution appointing Dale McCullough to the Malley Center Trust Fund . ~ A resolution appointing Robin Ottoson to the Englewood.~~blic Ubrary"~rcl. ~ A resolutio'},[_9apP,()inting Gary Oxman to the Englewood Downtown Development Authority . /'6~ A resolution reappointing Martha Warner to the Englewood Cultural Arts Commission.~ A resolution ~in~nQ Dena_Zocher to the Englewood Clean , Green and Proud Commission .~ P ..... note: If you haft • dlublllty and IINd auxiliary aids or Nf'VlcN. plNN nadly the City al Englewood (762-2405) at lust 41 hours In advance of when Hl'Vk:N .. needed. Thank you. • • • 0 ' - • • ,,. -• • I• • .Englewood City Council Agenda July 6, 1998 Page3 10. Consent Agenda. ~ t,-o a/J' ti~r~val ~ewirst R ading . /01... i i / II i"f--1~ r rr ~~ouncil Bill No. 33 • R mmendation from th/ Dep,rtment of Financial ii. Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election . STAFF SOURCES: Loucriahia Ellis, City Clerk and Frank Gryglewicz, Director of Financial Services. Council Bill No. 34 -Recommendation from the Department of Financial Services, City Clerk's Office. to adopt a bill for an ordinance amending Title B (Elections) of the Englewood Municipal Cod STAFF SOURCES: Loucrlshia Ellis, City Clerk and Frank Gryglewicz, Director of Financial Services. iii. Council Bill No. 35 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewk:z, Director of Financial Services. iv. Council Bill No. 36 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3 , 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . STAFF SOURCES: Loucrishia Ellis, City Clerk and Frank Gryglewicz, Director of Financial Services. /,-Q b. AQproval of 0~ ~econd Readin}J 6-, ·.,... ii ,;,f(I ,. A "L~cil Bill No. 31, ap~ntergovemmental Agreement with the fTllr"fV Colorado Department of Local Affairs for an Enterprise Zone Marketing Grant. C. IJ.fJpd /,-{) Council Bill No. 32, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians. ~ C.6 (/ll 11, /// Resolutions an<! M_o~om;-.Jr~ /II · ... J ... ." • , ~mendation from Department of Ffnancial Services to adopt a /?Jd,-fi() resolution approving a supplemental appropriation for the Public Improvement Fund for the design of the South Broadway Widening and Median Project. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ii. iii. Recommendation from the Department of Safety Services to approve , by motion , the purchase of a fire truck. Staff recommends awarding the bid to the lowest bidder, Wheeled Coach Colorado, in the amount of $79,019 .00. STAFF SOURCE: Jim Ulrich, Emergency Medical Ser.ices Coordinator . Recommendation from the Neighborhood and Business Development Department to approve , by motion , a contract for the North Englewood ADA Ramps . Staff recommends awarding the bid to the lowest bidder, Stackholm Development, in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst . P ..... note: II you have a dlubllity and need auxiliary ald8 or NrYices, plNN notify the City of Englewood (712•2405) at !Nat 41 hours In advance of when NrVtce9 .. needed. ThMk you. ' • .., ••• • 0 • • • ... Engl-ood City Council Agenda July 6 , 1998 Page4 11 . Regular Agenda. a . Approval of Ordinances on First R~a~ing. i. Council Bill No. 38 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance authorizing the transfer of property to the Englewood Environmental Foundation . STAFF SOURCE: Bob SJ9f P,119n, p11'9Ctor ~ Neighborhood and Business Development. ~ ii. Council Bill No . 39 -Recommendation from the Department of Neighborhood ~ _ ~ _ 1 . 1 and Business Development to adopt a bill for an ordinance authorizing the lease IA-;~~ of a building to be used as a Business Development Field Office~ w-0 SOURCE: Art Sclbelll, Buslneu Community CoordlnatP!_. APPOMI GARRETT MOIIEO TO AMEND THE A EMENT b . Ap7ro a1 of Ordinances on Second Reading. ATTACHED TO THE ORDNANCE TO REFLECT THAt, ' WE HAVE THE OPTION TO RENEW FOR ANOTHER • . Motl 12MONTH PERIOOATOUR SOLE DISCRETION(~ /.!/1\ c . Resolutions and ons. :,,,' ff 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. a. Engle~r Update. 14. City Attomey's Report. Ad~9:5§~ The following minutes were transmitted to City Council between 6/12198-7/2198 : • Englewood Clean, Green and Proud Commission meellng of May 12, 1998 • Englewood Board of Adjustment and Appeals meellngs of January 14 and May 13, 1998 • Englewood Code Enforcement Advisory ColM1ittee meeting of May 13, 1998 • Englewood Cultural Arts Commission meetings of May 5 and June 3 , 1998 • Englewood Planning and Zoning Commission meeting of June 2, 1998 PINN nca: If you haw• dl1111a, aid need__, alda • wvlDN. ...._..., .. Cly ol 11 ... wood (712-2405) at INat 41 houn In advance olwllan _.... .. ......._ 11la* ,au. •. . ' I .. • • 0 '-I - - • • 1. 2 . 3 . 4 . 5. • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 6, 1998 7:30 P.M . Call to order. '7 :t/8' ~ Invocation . /)~ Pledge of Allegiance . ~ RollCall. /#~) /~(f/AUJ)J@I() Minutes. (1/)/)J lj. ..;)_ a. Minutes from the Regular City Council meeting of June 15, 1998. ~ -r'A !:IAIJJ: 6/tR.t.Err U4/Jsr4kJ) 6 . Scheddied Visitors. (JSlease limit your presentation to ten minutes.) 7 . 8 . a . Race car drivers Roger Avants, Richard Burton, and Roger Mitchell will be recognized for their endorsement and support of the Englewood Neighborhood Watch Speed Pledge program. . , . tt.Nji~h~rb~ors. (Please limit ~r JIJ8,J'=1/,;five minutes.) Ir. 611,JD'f 4AUl4.t#J Communications, Proclamations, and Appointments . -~.. .-1 :.:.o A resol_uti?n ap~n!'l:!·~-.Bames to the Englewood Clean, Green and Proud ~ ,J tiff'' Comm1sst0n . ,v_,.,,,,.., ·, . ~ 5i 'fi!J~-0 A resolution reappointing J . L Barnes to the Engl~ Liquor Licensing Authority~ ~~ 'f1''ti-o A resolution ~pointing Carol Belt to the Englewood Public Llbra,y Board.~ · 01 .. -M VO. d, A resol.uti?n ~n~:t ~rens to ·the Englewood Clean, Green and Proud • fVA'"' "If" fl-{} Commission . .,,,~v. · · . ~I 'ffJv,o A resolution appointing Robert Cassidy to the E~ Water and Sewer Board.~ f),. _ JI. f . A resolution appointing J~ ~ra u a youth member to the Englewood Parb and ~ V"",,J~ Recreation Commission .. ~~ • . . PINN noll: If you have a dlublllly and IINd......., .._or• rta11, ....... nallfy Ille Clly o1 •-=ooc1 (712•2405) at lust 41 hows In advance ol wflen NfvloN .. IINded. 111mk you. ., "" • ' .. •· • 0 , 2 J - - • 0 I• • Engl-ood City Council Agenda July&, 1998 Page2 ~~g. ~vt/ h . /!M,J(p i. R.l.uJ l,(p j . ~k. ~611. ~m. ~'lo n. &Dl-'11 o. ~'ll/s. ~f/5'. ~r,u. Rwrnv . ~w. ~- 9 . A resolution appointing Judy Courtwright to the Englewood Public Library Board . ~ A resolution appointing Nj~I~~~ a~ a youth member to the Englewood Parks and Recreation Commission. """7!!...,,._,, A resolutio~!~a~p~~tin~mmett Duemke to the Englewood Downtown Development Authority .l'J~ A resolution ar~i~~!c~ueline Edwards to the Englewood Clean, Green and Proud Commission. v• "1f1"'""" - A resolutioJl.. ap~!i~g ~ Steve Finer to the Englewood Downtown Development Authority . n~ A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority~ A resolution ap~jntin~.<=ol~ Hayduk to the Englewood Planning and Zoning Commission. I)~ A resolution reaW1_oi11tin.,9 MikE!._. Heberling as a youth member to the Englewood Public Library Board . fl)~ A resolution appoi9l.i_ng .Mije Heberling as a youth liaison to the Englewood Cultural Arts Commission.~ A resolution appointing Norma Holmberg to the Englewood Election Commission.~ A resolution llJ)pointing Rosemary LaPorta to the Englewood Downtown Development Authority .~ , ,aeelwtie,. a,11ei11li::1 ihauu,. ke111aM le Ille'"•• HIii Me111ei1111 Ae!IAeli&y P!AL.L£/J A resolution reappointing Corrine Lindsey to the Englewood Cultural Arts Commission . ~ A resolution appointing Dale McCullough to the Malley Center Trust Fund . ~ A resolution appointing R~in Ott~son to the Englewood, ~~blic ':J~l'ltr)'~Qard . ~ A resolutio'li~8:PP.Ointing Gary Oxman to the Englewood Downtown Development Authority . !'6~ A resolution reappointing Martha Wamer to the Englewood Cultural Arts Commission.~ A resolution ~in~nQ Dena_Zocher to the Englewood Clean, Green and Proud Commission.~ 'f'!'5{) • PINN nala: N you have • dlublllly and need auxlllary aid8 or NrVlcN. pleaN notify the City of Englewood (712-2405) at INat 41 lloun In advance of when Nrv1cN .. naeded. Thank you. • I· • 0 '32xl ]- • • • 0 - .. Engl-ood City Council Agenda July&, 1998 Page3 10. Consent Agenda. 1frl t,-o a/}' fj~fj_val~ewirstR ading. /04-i ii Iii~,~ ~ouncil Bill No. 33 • R mmendation from th/De~ent of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an lntergovemmental Agreement with Arapahoe County to conduct a coordinated election . STAFF SOURCES: Loucrlahla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. • ii. Council Bill No. 34 • Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance amending Title 8 (Elections) of the Englewood Municipal Cod·_ STAFF SOURCES: Loucrlahla EUia, City Clerk and Frank Gryglewlcz, Director of Financial Servlcea. iii. Council Bill No . 35 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iv . Council Bill No. 36 · Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . STAFF SOURCES: Loucrlahla EUia, City Clerk and Frank Gryglewlcz, Director of Financial Services. ~-0 b . Agproval of~ ~econd Readinl, 6-, ·,..ii 1/d ,.,. ,1 _L~il Bill No. 31, ap~ntergovemmental Agreement with the (Tl,lrl""'fU Colorado Department of Local Affairs for an Enterprise Zone Marketing Grant. ii. (JjJ/hl/ Council Bill No . 32 , approving an lntergovemmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians . /ri) Resolutions an=,:.zr~ /~ l i ii 'I-iii 'fJpd ~mendation from 1,, D~p;.~ent of Ffnancial Services to adopt a IJ~ ·-IL. ct\ resolution approving a supplemental appropriation for the Public Improvement /C,l,l(JT!V Fund for the design of the South Broadway Widening and Median Project. STAFF SOURCE: Frank Gryglewicz, Director of Financial Servlcee • ii. Recommendation from the Department of Safety Services to approve, by motion , the purchase of a fire truck . Staff recommends awarding the bid to the lowest bidder, Wheeled Coach Colorado, in the amount of $79,019.00 . STAFF SOURCE: Jim Ulrich, Emergency Medical Services Coordinator. iii . Recommendation from the Neighborhood and Business Development Department to approve, by motion , a contract for the North Englewood ADA Ramps . Staff recommends awan:ling the bid to the lowest bidder, Stackholm Development, in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst. PINN nole: If you haw a dlublllty and need auxlllary 8'da or w wtc11, plNN nollfy the City of lngllwood (712-2405) at INst 41 hours In advance of when NrVlcea .. IINded. TIIMk you. • ..... •· • 0 • ,, - • • Engl-ood City Council Agenda July&, 1998 Page4 11 . Regular Agenda. a . App~val of Ordinances on First Rt?-ai:flng. i. Council Bill No. 38 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance authorizing the transfer of property to the Englewood Environmental Foundation. STAFF SOURCE: Bob 9JIRP.99n, p1~ Neighborhood and Buslneu Development. ~ ii . Council Bill No. 39 -Recommendation from the Department of Neighborhood .. .-.. _ 1 . 1 and Business Development to adopt a bill for an ordinance authorizing the lease IA;~~ of a building to be used as a Business Development Field Offi~ w-0 SOURCE: Art Sclbelll, Buslneu Community Coordinator. APP0 l-0 GARRETT MO\IED TO AMEND THE ~NT b Ap7ro a1 of Ordinances on Second Reading. ATTACHED TO THE ORDINANCE TO REFLEC "i' ~:r . WE HAVE THE OPTION TO RENEW FOR ANOTHE:': 12 MONTH PERIOD AT OUR SOLE DISCRETION(U # Vf \ c . Resolutions and Motions . / ,,tr 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice . 13. City Manager's Report. a . Engle~r Update. 14 . City Attorney's Report. Ad~9:5§~· The following minutes were transmitted to City Council between 6/12198-7/2198 : • Englewood Clean, Green and Proud Commiulon meeting of May 12, 1998 Englewood Board of Adjustment and Appeals meetings of January 14 and May 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of May 13, 1998 • Englewood Cultural Arts Commission meetings of May 5 and June 3 , 1998 • Englewood Planning and Zoning Commission meeting of June 2, 1998 PINN nola: If you haV9 a dlubilly and IINd audlary 11111 • • rla 11, ....... lllllfy .. Clly ol 11 ... Wood (712-2405) at INat 41 houra In advance of when a.vtaN .. ........_ Tl-* ,au. ... .. .. •· • , n 1. 2 . 3. 4. 5. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 6, 1998 7:30 P .M. .1· Call to order. '7 ~ /J" Invocation. /)~ Pledge of Allegiance. ~ RollCall . /.t~) /~{//AJJMJ(!ll/J Minutes . ~-;)... a . Minutes from the Regular City Council meeting of June 15, 1998. ~ ~~ (i/r~~~ease limit your presentation to ten minutes.) a . Race car drivers Roger Avants , Richard Burton, and Roger Mitchell will be recognized for their endorsement and support of the Englewood Neighbomood Watch Speed Pledge program . . , ·. 7 . 4. ~n~¥~~~itors. (Please limit ~r ~A)five minutes .) r. dllJDY ~AU.I~~~ 8 . Communications, Proclamations, and Appointments . A resol.uti?n ap);!n!"j.:!·~·,Bames to the Englewood Clean, Green and Proud ,. . Commission . rv"'77"'"' · .... ·. A resolution reappointing J . L. Sames to the E~ Liquor Licensing Authority~ A resolution appointing Carol Belt to the Englewood Public Library Board.~ A resolution ~n~!t ~rans to ·the Englewood Clean, Green and Proud Commission . """'71"~v. · · . . ~I ~,o A resolution appointing Robert Cassidy to the E~ Water and Sewer Board.~ f), •• JJ. t. A resolution appointing Julia Cl~iera as a youth member to the Englewood Par1ls and ~ ft~t,.o Recreation Commissi~n :.~ • . . . PINM nol9: If you have a dlublllty and nNd auxlllary aids or wvlcN, plNN notify the City of lligle•ood (762·2405) at least 48 houra In advance of when ..,,.. ... nNded. Thank you. • -• ..... •· • 0 , • "' - 0 • Engl-ood City Council Agenda July&, 1998 Page2 ~~g. R.w-~t/ h. ~~j. ~k. i!JM!br 1. ~V/m. RJdtJo n. /!Jt{)l-'11 0 . /J,u.!IIJJs . ~f/51- ~r,u. Rwr1r · ~w. ~- 9 . 'f!d5-0 A resolution appointing Judy Courtwright to the Englewood Public Library Board . ~ A resolution appointing Nj~I~~~ a~ a youth member to the Englewood Paro. and Recreation Commission .""""".,.,,.,,, A resolutio~!8.8f?POj~tin!§mmett Duemke to the Englewood Downtown Development Authority .f'I~ A resolution ay~i~~!':lueline Edwards to the Englewood Clean, Green and Proud Commission. v• "711''.,.,, - A resolutio)l.. ap~~~g~ Steve Finer to the Englewood Downtown Development Authority . "-rt'~ A resolution reappointing Barbara Fout to the Englewood Liquor Licensing Authority~ A resolution ap.a_o!nJinp _Col!' Hayduk to the Englewood Planning and Zoning Commission. T)~ A resolution realilB.oi11tin.9 Mik~ Heber1ing as a youth member to the Englewood Public Library Board . /6~ A resolution appoi91_ing _Mife Heber1ing as a youth liaison to the Englewood Cultural Arts Commission .~ A resolution appointing Norma Holmberg to the Englewood Election Commission .~ O A resolution appointing Rosemary LaPorta to the Englewood Downtown Dev~top'ment Authority.~ I; PIHlwlilff 111111eiffliffl &hauuft l:Hl'l&M 11 •• iA1le .. HIII M1u1i111 O:lltlesil>j ,P/AL.LE../) A resolution reappointing Corrine Lindsey to the Englewood Cultural Arts Commission .~ A resolution appointing Dale McCullough to the Malley Center Trust Fund. ~ A resolution appointing R~in Ott~n to the Englewood,~~blic ~r'a~-~rd. ~ A resolutio'}.!..98PP,Ointing Gary Oxman to the Englewood Downtown Development Authority . fl~ A resolution reappointing Martha Warner to the Englewood Cultural Arts Commlssion.llJJ,,,./,q- A resolution ~in!inQ Dena_Zocher to the Englewood Clean, Green and Proud> Commission .~ Plew noee: It you have• cllublllly and IINd ... ...., alda or wvtcea. p1eaae noa,y a. Clly of !& ... •ood (782-240&) at 1Nat 41 houra In advance of when NMCN .. IINded. Thalk you. • . .... • •. ' ' •· • 2 -• 0 • Englewood City Council Agenda July&, 1998 Page3 10. Consent Agenda. ~ 1,-o a/}' fj~r2val ~e~irst R ading . /()1... i ii II i .,_,;; r fr" ~ouncil Bill No. 33 -R mmendation from th/Dep,rtment of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election . STAFF SOURCES: Loucrlahla Ellla, City Clerk and Frank . Gryglewicz, Director of Financial Servtcea. ii. Council Bill No . 34 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance amending ritte 8 (Elections) of the Englewood Municipal Cod . STAFF SOURCES: Loucrlshia Ellla, City Clerk and Frank Gryglewlcz, Director of Financial Services. iii . Council Bill No. 35 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. iv. Council Bill No. 36 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . STAFF SOURCES: Loucrlahia Ellla, City Clerk and Frank Gryglewicz, Director of Financial Services. AJ,tJ ~ b. . AP-proval of O~ ~econd Readin}J 6-, · ~ ii · rr-_._,. ,1 _L~il Bill No. 31, ap~ntergovemmental Agreement with the fTl,ll?'"'fV Colorado Department of Local Affairs for an Enterprise Zone Marketing Grant. ii . b')J/hl/ Council Bill No . 32 , approving an Intergovernmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians . /,-o Resolutions an=,"-tr°~ /() l i ii riii 'f}pd ~mendation from "' D~p~rtment of il.nanciat Services to adopt a I). __ IL. Q"l resolution approving a supplemental appropriation for the Public Improvement fGl,l(J:tr" ov Fund for the design of the South Broadway Widening and Median Project. STAFF SOURCE: Frank Gtyglewlcz, Director of Flnwlal Ser.icea. ii. Recommendation from the Department of Safety Services to approve, by motion , the purchase of a fire truck. Staff recommends awarding the bid to the lowest bidder, Wheeled Coach Colorado , in the amount of $79,019 .00. STAFF SOURCE: Jim Ulrich, Emergency Medical Servicea Coordinator. iii. Recommendation from the Neighborhood and Business Development Department to approve , by motion , a contract for the North Englewood ADA Ramps . Staff recommends awarding the bid to the lowest bidder, Stackholm Development. in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst. PINN noea: If you haw a disability and IINd auxlllary 8'da or wvloN, pleaae nollfy the City d l11gl1wood (712•2405) at INat 41 hours In advance of when aervlcee .. naeded. Thank you. ..... •. •· • 0 - • • • ,,,_ • I• • ' (, Engl-ood City Council Agenda July 6, 1998 P1ge4 11 . Regular Agenda . a . App~l(al of Ordinances on First R,a~ing. -,· . i. Council Bill No . 38 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance authorizing the transfer of property to the Englewood Environmental Foundation. STAFF SOURCE: Bob Si)f P.99", J>ll'9Cto~ Neighborhood and Business Development ~ ii . Council Bill No . 39 • Recommendation from the Department of Neighborhood ~ _ ~ _ J. 1 and Business Development to adopt a bill for an ordinance authorizing the lease "';~~ of a building to be used as a Business Development Field Offi~ w-0 SOURCE: Art Sclbelll, Bual,... Community Coordinator. APPD 8-0 GARRETT MOVED TO AMEND THE A ElotENT b. Ap~of Ordinances on Second Reading . ATTACHED TO THE ORDINANCE TO REFLECT THAT. WE HAVE THE OPTION TO RENEW FOR ANOTHER · 12 MONTH PERIOD AT OUR SOLE OISCRETION('U /.JR\ c . Resolutions and Motions . / ..l:r 12 . General Discussion. a . Mayor's Choice. b . Council Members' Choice . 13 . C ity Manager's Report. a. Engle~r Update . 14. City Attomey's Report. Ad~f/:5,~· The following minutes were transmitted to City Council between 8/12198-7/2198 : • Englewood Clean , Gl'Nfl and Proud Commission meeting of May 12, 1998 • Englewood Board of Adjustment and Appeals meetings of January 14 and May 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of May 13, 1998 • Englewood Cultural Arts Commission meetings of May 5 and June 3 , 1998 • Englewood Planning and Zoning Commission meeting of June 2 , 1998 PINN noea: I you haw• dlHbllly and lad....., alda or• u1a11, ,.._ nalfy .. Cly al 11 ... •ood ~2405) ...... 41 houra In advMoe d ..... _,,.. ......... 111mk you. . ' • .. .. • • 0 I - 1 . 2 . 3 . • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY,JULY6, 1998 7:30P.M. Call to order. r/ ~ ~ Invocation . /J~ Pledge of Alleg iance . ~ 4. RollCall . /p~J /~{//A9'/Jt!lltJ 5. Minutes . ~i?r,//.(f;/n;;;rn;; Regular City Council meeting of June 15, 1998. ~ 6. Scheddied Visitors . (!Slease limit your presentation to ten minutes .) a. Race car drivers Roger Avants , Richard Burton, and Roger Mitchell will be recogn~ed for their endorsement and support of the Englewood Neighborhood Watch Speed Pledge program . . , , 7. tL N~i~h~t,~ors. (Please limit ~r !flr,}"8,::,)..7,Jve minutes .) r. d IIJD'f 4MU•.tAJ 8 . Communications , Proclamations , and Appointments. A resolution apf:!"~-~-,Bames to the Englewood Clean , Green and Proud Commission . "'"--,;"'"" ,,... , A resolution reappointing J . L. Barnes to the Engle~ Liquor Licensing Authority~ A resolution appointing Carol Belt to the Englewood Pub1id Library Board .~ Commission . · · . . . . . A resolutl?n ~--·nting Janet ~nins 1o ·the Eng~e~ Clean, Green and Proud ~/ ~~ A resolution appointing Robert cauidy to the Eng~ Water and Sewer Board.~ ..,,,,,F-0 · f), 6 ~JJ. f . A resolution appointing J'i~ f~ra as a youth member to the Englewood Parka and ~f~~RecreationCommlasiot.~~ .; . .. • PINN note: If you haw a dlublllty and nNd audlary alda or wvlcN, plew noaty Ille Cly ol lligllwood (712-2405) at leut 48 hours In advance al when aarvlcN .. IINdad. TIWlk ,au. • ..... .. •· 0 I 2X • • 0 • Engl-ood City Council Agenda July&, 1998 Page2 ~!;g, R.w,vtf h. f.Ju.;1p i. R.IMJ/Ni, ~k. ~17r1. Ru,J.Vjm , ~!Jon. ~'ll 0 . ~f/;J,.P· ~~q. /lul!JJs . A,,#IJ.;t . ~1,u. Rw,1,r · /!wtJtw . ~- 9 . 'f'!'5{) A resolution appointing Judy Courtwright to the Englewood Public Library Board . ~ A resolution appointing N)~I~~~ a~ a youth member to the Englewood Parks and Recreation Commission . "Y"'7't/....,,.,, A resolutio,q!e_a~p~~tin!!_§mmett Duemke to the Englewood Downtown Development Authorily .l'J~ A resolution ar~i~~~c~ueline Edwards to the Englewood Clean , Green and Proud Commission . v• "111''""' - A resolution... ap~!i~g~ Steve Finer to the Englewood Downtown Development Authority ."'~ A resolution reappointing Bartlara Fout to the Englewood Liquor Licensing Authority~ A resolution apa,?jntini_Col~ Hayduk to the Englewood Planning and Zoning Commission . ~~ A resolution re8VB<>i'ltin,.g Mik!.,_ Heberling as a youth member to the Englewood Public Library Board . /IJ~ A resolution appoi9'1_ng_Mije Heberling as a youth liaison to the Englewood Cultural Arts Commission .~ A resolution appointing Norma Holmberg to the Englewood Election Commission.~ A resolution !IPpointing Rosemary LaPorta to the Englewood Downtown Development Authority .~ A FIHh,1111 ..... 11a1 .. 11 .. , ihliuu .. kH .. aNI 18 •• , .. ,1au.1a• 111111iA9 Awllariy f!AL..l£./J A resolution reappointing Corrina Lindsey to the Englewood Cultural Arts Commission.~ A resolution appointing Dale McCullough to the Malley Canter Trust Fund . ~ A resolution appointing Robin Ottoson to the Englewood,~~blic 1:,i~l'll~·~Q8rd . ~ A resolutioq,t.98_PP.Ointing Gary Oxman to the Englewood Downtown Development Authority . fl~ A resolution reappointing Martha Warner to the Englewood Cultural Arts CommisskJn .~ A resolution 8ViAin~nQ Dana_Zocher to the Englewood Clean , Green and Proud• Commission .~ • . , tni) •. ... •· • -• ,, - 0 • :Englewood City Council Agenda July&, 1998 Page3 10. Consent Agenda. 1/Jp} t,-o an, !:i~r'i_val ~e~~~~.:.nf. 101.. i ii II i "f-til ~ouncil Bill No. 33 -R2'cfm~e~on from th/Depirtment of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election . STAFF SOURCES: Loucrlshla Ellis, City Clerk and Frank Grygtewlcz, Director of Financial Servtcn. ii. Council Bill No. 34 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance amending Title 8 (Elections) of the Englewood Municipal Cod _ STAFF SOURCES: Loucrtshla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. iii. Council Bill No . 35 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iv. Council Bill No. 36 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3 , 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . STAFF SOURCES: Loucrlshla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. 1,-o b. ,.,,./~a! ~f O~ ~econd Readi'lJ 6-,·,... ii 1" .AA ,1_L"", ;;n· ~ii Bill No. 31, ap~ntergovemmental Agreement with the fT/,.1/'r'fV Colorado Department of Local Affairs for an Enterprise Zone Marketing Grant. ii . ()11./hl/ Council Bill No . 32, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians . ~"' 1vl.l II till Resolutions an«! M_o~oni~~ 111 , • • • .. ~mendation from Department of Ff'nancial Services to adopt a resolution approving a supplemental appropriation for the Public Improvement Fund for the design of the South Broadway Widening and Median Project. STAFF SOURCE: Frank Gryglewlcz, DINICtor of Financial Ser+ica. ii . Recommendation from the Department of Safety Services to approve, by motion , the purchase of a fire truck . Staff recommends awarding the bid to the lowest bidder. Wheeled Coach Colorado, in the amount of $79,019.00. STAFF SOURCE: Jim Ulrich, Emergency Medical Services COOt'dlnator. iii . Recommendation from the Neighborhood and Business Development Department to approve, by motion, a contract for the North Englewood ADA Ramps . Staff recommends awarding the bid to the lowest bidder, Stackholm Development, in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst. PINN noee: If you haw a dlublllly and need auxlllary aida or w-Jta11, ....... nollfy the ca, ol ln ... wood (712•2405) at leut 41 hours In advance of when NMCN .. IINClld. Thmll you. ..... .. •· • 0 , 2 I • • • • ,~ • • Englewood City Council Agenda Julyl, 1111 ,. .. 11 . Regular Agenda. a. App~val of _Ordinances on First R,.~lng. ..... .. i. lfPI. t,-o Council BIii No. 38 • Recommendation from the Department of Neighborhood and Business Development to adopt a blll for an ordinance authorizing the transfer of property to the Englewood Environmental Foundation. STAFF SOURCE: Bob SJIJt~, pl~ Neighborhood and Bualnea Development.~ II. Council Bill No. 39 • Recommendation from the Department of Neighborhood .. -.. -J -I and Businea O.V.lopment to adopt a blO for an ordinance authorizing the lease U-~ of a building to be used as a Business Development Field~ /p-0 SOURCE: Art Sclbelll, ....._ Community Coonll11111Dr. N'l'D l-0 OMIIETT MO\IED TO AMEND THE b . Apprgeof Ordinances on Second Reading. ~=n!:~°"=°~.,:;r .. C. R4"uttons and Mollons . 12 IIONTH PDIOD AT OUR SOLE DIICIIETION('df # "!) ff 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. Eng~rUpdate. . . 14. City Attorney's Report. A-9=5S~· The following minutes were transmitted to City Council belwNr'l 61121118-7!2198: • Englewood Clean, Green and Proud Commluion meeting of May 12, 1998 • Englewood Board of Adjustment and Appeals fflNllliga of January 14 and May 13, 1998 • Englewood Code Enforcement Advilory CommlltN fflNllng of May 13, 1998 • Englewood Cultural Arts Commlallon fflNllnga of May 5 and June 3, 1998 • Englewood Planning and Zoning Commlulon meeting of June 2, 1998 ,..... naa: •Voll,.. as tlltJllld need.-, ala••.1111, ....... IIIIIIW .. Cllr., ._ .... (712-24CII) .......... hcu8 In ....... ,,, .................. ,.....,... • . .. • • 0 , - • • • . . PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: JULY 6, 1111 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. ' , , ; :;: .( , ~ f ' ' ~~ , ....... , ,+,>--;;,,.., , {,,$ <"' ~ d .. ' .... ,..(Ii: ~ ~' t ,< ; V ' V , ~ PLEASE PRINT NAME AQQRESS . , .: • • 0 - . . • • • '· \.. CITY OF ENGLEWOOD JULYl,1111 AGENDA ITEM NO. 9 a ' PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL PLEASE PRINT • I . . • • 0 • . ' • • ,, NAME ADDRESS • • 0 '· • " - • I • • ' <, 5 A ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Juel5, 1'91 I. Call ta Onler The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:49 p.m. 2. lffocadoll The invoc:ation was given by Council Member Nabbolz. 3. Pleda,e f/1 Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4 . a.uc.u Present: Absent: Council Members Nabholz, Clapp, Habenicht, Waggoner, Bums Council Members Garrett, Bradshaw A quonan was presml S. MiNta Also l)RSCIII : City Mana,er Sears City Attorney Brotzman City Clerk Ellis Director Elterly, Public Works (a) COUNCD. MJ:Mal:R WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE llEGIJLAll MEETING or JtJNE 1, lffl. Ayes : Council Members Nabholz, Habenicht, Waggoner, Clapp, Bums Nays : None Absent: Council Members Gama, Bradshaw Motion curied. 6 . (a) Mr. George Allen, 2799 Souda Downing Slreet, • Englewood Hiltorical Society Board Member, pve each Council member an Englewood Depot llalic: decal . Mayor Bwna ra:opiu,d thlt George Allen and bis wife Pakie Allen are our 1998 Englewood Citizens al the Year. So. be said, it is a double pleuurc to have him here tonigk Mr. Allen said be though( be was coming over here to make an impusioned pica, to 1Cf some suppon for our Hisloricll Society. He advised lbat, while be WIS pn:pariJlg lbal spcech, be reociwd a leacr from the City Atton1ey'1 office Slating they bad already apprcMJd everything they wa-e loakina for . Mr. Allen llared it WIS c:a1ainly a shot in the arm for the Historical Society, to Fl 111111C heavy weipt lllppOll He IIOCcd they haw bad a very clifficult time aying to raile moaey, becaiae they an: jull a ..U board with no financial llrmgth. They were handicapped trying to raile 11111111 ad ., was the COllbacfur they hired to • . • • 0 f • Ellslewood City Couacil JllaelS,1991 Pqe2 • 0 ,. - raise money . He swcd this is a new life for them and be was pretty sun: Ibey can carry the ball now . Mr. Allen said be wanted to thank Council, on bcbalf at the Historical Soc:icty . He collllllCIIICd that, when be got that lctlcr, it was one of the biggest shots he's bad in the arm in quite awhile . Mr. Allen pointed out that many people have womd on this thing for years, long and bani and sacrificed and Ibey have collccted things to go imo it Now, be said, it looks like it is going to work. So Ibey arc very proud and be said they wanted to thank Council, from the bottom of their hearts, for their inlcrcst in this program. He thanked Ann Nabbolz and DOied that be would guess she bas worked harder than anyone . He offered to answer any questions from Council. Council Member Clapp Slated she appreciates all the work they have dooc coacaning the muscwn and for the City of Englewood toward that project. She opined it is IOIIIClhiag the community is going to be very proud of and something that will be around for nay ycan to come for our childral to enjoy. Mr. Allen advised that thcy visuali7.c this thing, now that they have that extra land, being wdl landscaped, with a nice putting lot. It will be something that the people at Englewood will be proud of. He jokingly said that the only thing be bas IO be cardW about. when we get the museum, is that they will probably bang a tag on him with a price. Mayor Bums said that be thinks the City Council is very pleased and the Housing Authority is very pleased and we have dcvclopcd a win win situalion bcR for everybody . He swcd we arc looking fonwnl to the completion of that museum and really making a very nice amenity for thal nciglJborbood and for all the citi7.ms of Englewood. School childral and cvcrybody cllc will visit it, be said. Mr. Allen said be wanted Council to know that they will slill be bangjag in there and fighling like the dickcas to get this. Mayor Bums DOied it WIS I pleasure to have members at the Historical Society bcR. 7 . Nee-teWllled Viliten There were no non-scbcduled visitors. (a) A 1ct1cr from Jill Gilbert iadic:aling her raipalion from the Clean. Green 111d Proud Commission was considered. COUNCIL MEMBER NAIIBOLZ MOVED, AND IT WAS SECONDED, TO ACCEPr, WITH Ill.GUT, THI. RESIGNATION o, JILL Gn.al.RT raoM 1111. CLEAN, GUEN AND PllOUD COMMISSION. Ayes: Nays: Absent: Motion carried. Council Members Nabholz, Habcnicbt, Wagoacr, Clapp, Burns None Council Members Gamat. Bnidsbaw (b) A letter from Nancy Hughes indicaung her rcsipalion from the Clcaa, Green 111d Proud Commission was considered. COUNCIL MEDER NAIIIIOLZ MOVED, AND IT WAS 51.CONDID, TO ACCEPr, WITH RI.GUT, Tin RISIGNATION o, NANCY BUGBIS raoM 1BI CLEAN, GUIN AND PROUD COMMISSION. Aycs : Council Members Nabholz, Habcnicbt, Wagoacr, Clapp, Burns Nays : None . r,, • • I , t •. .. .., •· • 0 , ]- • Ea&lewood City Council June 15, 1998 Pagel Absent: Motion canicd. • 0 • Council Members Garrett. Bradshaw • •••• Mayor Bums staled they wanted to recognize all the good work the Clean, Green and Proud Commission does. He said it takes a lot of time and dedication and they undersland if, from time to time, people can't find the time to serve any more, but they very much apprcc:iale their service. 9. hblk Beariac No public hearing was scheduled before Council . 10 . c-tAcnda (a) Approval of Ordinances on First Reading MAYOR BURNS REMOVED 10 (a) (ii) FROM DIE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING. (i) COUNCIL BILL NO. 31, lmRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE At.TTHORIZING AN INTEROOVERNMENT AL AGREEMENT PERTAINING TO 1HE ENIERPRISE ZONE MARKETING CONnACT, BETWEEN TifE COLORADO DEPAR1MENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION ("E.D.C.") AND 1HE OTY OF ENGLEWOOD . Votereaaltl: Motion carried. Ayes : Nays : Absent: Council Members Nabholz, Habenicht, Waggoner, Clapp, Bums None Council Members Garrett. Bradshaw (ii) Mayor Burns advised that he bad lalkecl with City Manager Sears. this ana-t. and he has talked to other Slaff' members, clarifying just bow much is going inlo this CODlnCl. He explained lhll Ibis is the one where we traded the 11¥f renovation al the BroadwaynB5 i1*neClioa, for the other project we bad in the IS1EA Ii-. which was to widen Broadway . He commenled 1h11 bis memory was tbal this also included -.ie woit on the Broadway bridge. which the memo indicates is lnle. He noted you can't quite tell 1h11 from the project fuadiag provisiom, but he uadenwlds we ~ - fwtber clarificalion on whal is going to be done with the bridge. as well as the strm. Director Eslerty explained thal the original project. 1h11 was IO deal with the inlerchlnge, largely illVOMd the lengthening of the bridge, so the opening for 285 was iacreased from four lanes to six lanes . And that. he noted. was replaced with a different project that we bad requested during the IS1EA process ... but it was not successful ... tbal would widen Broadway from 215 ... blsically from where this other project. iDvolviag the bridge -. all the way up IO Yale . In the swap OUI of the project. the Denver Rcgioaal Council o{ GowmmenU allowed us to inaeue the scope of the project we were akiag for on Broadway, dial did ges into -Ullp'O\'CIIICII on the bridge . It docla 't do aytlliac IO iapact 215 ll all, bul it does allow III IO put in the pavement IO widen the bridge enoup 10 dill M will ~ two 111111 IIIICI, illltad o{ the cmc ccntnl tum lane. beck IO beck . And it will also wort OIi impnMag all o{ the tnfflc lipals ll lbole two • - •. •· • - • • • Enckwood City Council June 15, 1998 ..• , • 0 - intersections. He explained there arc several reasons for that. One they arc old and two, the buried cables that arc in the gJOWld have been a problem . Wilh each and every knock down, the cables get a little bit sboner every time we have to splice than back together again. So, he noted. they arc pretty beat up and those signals do get beat up quite a bit and we will have to do a little bit more coordination to get crosswalks back into that area. Director Eslerly advised that the other improvements they would be doing, that impact 28.5 a little bit, is they would be doing away wilh the sidewalk that goes underneath the bridge. Thal would be replaced with two sidewalks going easl to west, at the giound. going up and over and crossing Broadway at grade. Beyond that, he said. lbe project is larFly the widening of Broadway to allow several things to happen on Broadway . We could put in llndscape medians in the additional space that is c:rcated . We will also have dedicated left tum pockclS for bodl north bound and south bound traffic. He maintained that the additional benefit to tbal will be that lbe wandering movement of the lanes ... as you get to some of the left turns over to the curb line and then back ... will be done away wilh and the through lanes will be straight and continuous . So you will know where to go even when you can't sec the lines in the lllin and lhe snow . It will also have the side benefit of restoring some of the on-street parking on Broadway, at several locations. So that, he said, is largely what the project involves . Mayor Bums asked what impact it would have on the 3300 and 3400 blocks of South Broadway . He advised that some of the business people arc concerned about the improvements they have already made lbere and the lighting 5landards, trees, signage and so fonh. Director Esterly said he wasn't sure he could do that by the numbers. He said if they arc talking about the area between Floyd. the Parkway and in that area ... where it is already widened ... that's actually optional. whether or IIOl we want to widen that out a foot or two . Mr. Esterly advised that that detail hasn't been decided yet, that is really a detail that would be worked out during the design process and that would include those businesses . This contract.. Mayor Bums said. is for design. nol for construction . Director Esterly stated this contract is for design and the way the budget is being scheduled in the ISTEA programming right now, there would be a year hialus in there. when we wouldn't be doing anything in 1999 and then we arc funded again in 2000 for construction. But, he advised, as many of Council know, the Presidem. just in the lasl couple of clays, has signed the new ISTEA legislation thal covers the time period we arc in now . That pulS more moaey into the program and we arc not quite sure what that impact will be . Director Esterly said, to directly answer his question, this project right now is just for design. Council Member Waggoner asked, even during the design process. if there is the public involvement that is normal wilh a highway project. Director Esterly said yes, but this is a little bit dilJerent than highway projects we have done in the past. He explained that in the lasl couple of years the cities in the mettu ana worked out a deal wilh the Depuunent of Transpor11tion to allow local governments to manage their own federally funded projects . This is the first one we arc involved with and basically. he noled. when he says we arc allowed to manage it. we arc going to manage it by hiring a consultanl to do the wort . Pan of that process would include a significant involvement by the public and by businesses in the area . Mr. Eslerly advised thal pan of the complicaled nature of the project is probably why COOT backed out of wanting to design this project themselves . He stated they pushed very hard to get us to let them design this project and then they went on a tour of the site and they talked about the problems, block by block and business by business, and they have chosen nol to pursue designing this project . Council Member Waggoner said, his poinl being. that they arc not going to be out in the cold, they arc going to know what is going on. because there is Fina to he Mime public process. Director Esterly advised the whole purpose of when: we arc righl now is to proceed and act a project where there is a consensus built around it. thal has the endorsement or the City and the endoi ICIIIClll of the folks who arc out there . The final approval comes through when we lgRIC to build the project and we come up with our mau:h then. Council Member Habenicht noted that he indicalcd tbc di..-ioa of the sidewalk Ulldcr the bridp oa 21S as pan of the program. She asked what kind ofillll*I. ifay, that will have . Baskally, Dinaor Esterly advised. lhere is one sidewalk on the southern side. lllldemcldl lhere, 111d it is the bandrlil tbll is always •· • 0 , - • • • Eaclewood City Council , .. 15, 1998 Pases • 0 I • • getting hit, the handrail that is falling down and rusting and we go round and round with COOT on that all the lime . Plus, with the bird populalion that lives under the bridge, it is a a>llcction point for bird remains. It is actually a pRtty IIISly sigbl Wlderneath there. He a>mrnented that there are limes or the year ... with dust and sblft' ... that it is not a ve,y healthy place to even be . Plus there are people, oo the northern side, who will nnelimes try to lll8IICU\'CI' down maybe a one or one and a half foot cwt, in that area. So, be said, they wouldn 't have the opportunity to do that ... we would replace that with two pedestrian ways that would be on top ... that would lake you up to Broadway and then lake you back down the other side, if you wanted to walk tluough there . Kind of the section that we sec, right up against the wall, would be like these jcncy barricn out in the _center or Santa Fe. He staled they would kind of have a half section like that up against the wall, so there wouldn't be any bori7.onlal surfaces to pthcr the bird mess that is tbcrc oow ... or just dirt and sand and those types of things. He advised it is the type of thing that you could go lhrough and spray it with water ve,y quickly and it would be clean. Council Member Habenicht asked if it will change the lane size. Director Esterly stated it will create a little bit of change in the lane size. but it only happens on the south side, where we would be laking the sidewalk out. He explained that with the center a>IWMS that are in there, the whole underpass would not benefit from that increase in width. Mayor Bums a>IIUIICRICd that be mentioned there migbl be some additional funding or incrcascd funding or faster funding. He stated be is especially interested if they are going to widen the bridge on the top, and work on that bridge, if there is some extra money or grant money available to enhance and beautify that bridge with something like you have al Speer Boulevard and Broadway. Something that is really kind of special, where those 62,000 cars that pass under there, every day , might be induced to a>me up and see what is going on on Broadway . Well, Director Esterly said, be would guess he would not want to give the a>ntingcncy of the project away at this point So, he said, no, there has not been any specific money programmed for those types of amenities and they may or may not be available in the budget He said he would guess we wouldn't know until the budget was a>mpleted. The way the wording is written, he DOied, there might be some opponunity for that On the other hand, we have been out there talking with the Parts Department about restoring some of the gardening in that area that has gone by the wayside over the years and they have looked at how we might restore some of that and leave places for that The traffic signals themselves would be somewhat of an enhancement He advised they have had other discuaions with the Downtown Development Authority about making that a key entryway with various monolithic type structures. but they haven't ever done anything with that Mayor Bums opined that it is a golden opportunity to do that . Director Esterly staled there is no specific money funded in there. but it is something that could be incorporated and maybe funded outside this project. He aJIIIIIICDICd that ifwc wind up running under budget it could be incidental to the project. Whal are the odds tbal the project is going to run under budget he said, he doesn't know . Mayor Bums said he thinks it is the opportunity to have ii as a goal anyway and perhaps the funding would a>me from one source or another. But, he poinlcd out, if you don't plan for iL as you are doing this, it is not going to happen. He said he thinks it is an admirable goal to have and see if we can 't do that Unfortwlatcly , Director Esterly said. the structurc illdf docs not change ve,y much. A lot o(the wort would be in narrowing up the sidewalks, to aarc additional lanes, and striping it approprialely . The cross section is just about there righl now . He commented they may notice that cars park on the bridge ... they use the surplus store for example . There is no resuiclion on parking on the bridge. So the lanes are basically there. but some parking rcstriclions may be nccasary . Council Member Nabholz a>mmentcd that ii ays a supplemental approprialion or $66,000 will be required to fund this design phase or this project and 1h11139,000-budgctcd ill the 19911 Public ~emeat Fund. She asked where the $66,000 will comc from, if it would be from the General Fund. Director Eslerty advised that the sttaigbl fonnnl answer is it would be comin& OU1 o( the PIF. In the ft\'C year plan. be stated, it is COYCred and budgeted. He said the original c:oacepl. dlll they tboupt they MR FftUII Ullo • ..... •· • 0 ' - • • Eqlewood City Couacil Juet5,1"8 Pqe6 <. • • , . • here, is that we would be designing Ibis project cm:r a two year period. 111c S39,000 was the 1998 installmenl oo that design and then Ibey cnvisioo the design piag illlo 1999 llld the ldditiooal money for that project would go into place. dial lime. Thal would aw aclUllly bem significandy more money than this, be llid, because we weR daiping a more expcmiw project ... balically rec:omuucting the iDlen:bangc. So, Director Estaty DOied. if you loot • the fiw year plan. Ibis is less than the tocal that was in the five year plan. If you just loot al this year, it looks short. Council Member Clapp said sbe wanted to 1111b aae sbe undenlands Ibis. Sbe llaled what be is saying is that the whole IIDOUm is in the Public lmpW Fuad ... we -jull llking it out in a lump sum, instead of in incrcmcnts. Director Ellaty lllled we -taking it out ea1ier dim we hid originally planned ... yes. COUNCD. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA rrEM II (a) (11) ON rutST UADING. COUNCll. BIU. NO . 32, INI'RODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE AlmiORIZING AN IN'IElGOVERNMENT AL CONTRACT BETWEEN nm COLORADO DEPAR'IMENT OF TRANSPORTATION (CDOT) AND nm CITY OF ENGLEWOOD, COLORADO WIDCH PERTAINS TO nm DESIGN OF 1HE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 215 ANDY ALE A VENUE IN nm CITY OF ENGLEWOOD. Ayes : Nays : Absent : Motion carried. Council Members Nabholz. Habenicht, Waggooer, Clapp. Burns None Couac:il Members Gama. Bllldlbaw (b) Apprc,Yal rl~ OIi Second Radina COUNCD. Ml:MIIER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA rrEMS 10 (') (I) aH (11) ON SECOND HADING. (i) ORDINANCE NO. JI, SERIES OF 1998 (COUNCll. Bll.L NO. 27, INI'RODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE APPROVING 1HE RENEW AL OF AN AGREEMENT Wl1ll THE COLORADO HUMANE SOCIETY AND nm CITY OF ENGLEWOOD FOR THE LEASE OF 1HE ENGLEWOOD ANIMAL SHEL 'IEt . (ii) ORDINANCE NO . 39, SERIES OF 1998 (COUNCll. Bll.L NO . 21, INI'RODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE REPEALING TITLE IS, OF THE ENGLEWOOD MUNICIPAL CODE 191S AND ENACTING A NEW TITLE IS ENITll..ED "NUISANCE ABA'JEMENT ." Motion carried. (c) Ayes : Nays : Ablenl: Council Members Nabholz. Habeaiclll, Wagaacr, Clapp. Burm None Council Members Grna, Bnidlllaw ..... • .. •· • 0 , • Ea&lnJood City Council June l!I, 1998 Page7 • 0 • Then: wen: no additional resolutions or motions submitted for approval . (Sec Agenda Item 11 -Regular Agenda) 11. Rqular Apda (a) Approval of Ordinances on First Reading Then: wen: no additional items submittc:d for approval on first reading. (Sec Agenda Item 10 -Consent Agenda) (b) Approval of Ordinances on Second Reading Then: wen: no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent Agenda) (c) Resolutions and Motions (i) Council considered a recommendation to waive a lien, by motion, upon compliance with the June 9, 1998 Wichman letter . Mayor Burns said he understands this involves the Horton property. City Attorney Brotzman stated that was com:ct . He advised that what happened, in this case, is that the Horton property went into foreclosure and an independent buyer came in and purchased the property . They really didn't do all of their homework, he said, and the City's demolition lien and the Housing A.-hority's mortgage an: both in priority to this person doing the project . He explained that what they found is that they cannot complete the project. which is a duplex. with the City's lien in place . When this was in the process of foreclosure, he said, the City anticipaled taking this property. then it would simply n:move its own lien and we would have owned the property at thal point and then put a Project Build house then:. Mr. Brotzman Slated that the question is. do they want to waive the lien for this independent party that is going to put a duplex then:. He noccd this previously came to Council in a fonn thal proposed anything from a single family dwelling up to a four-plex. Councirs response at that time was they weren't going to respond to the gcocraI comments. that they wantc:d a mon: specific plan. Also, he noted, Council was opposed to a four-plex in this location, thus they now have a proposal to waive the lien if they put this proposed duplex in place . Council Member Clapp said she wanted to ask Mayor Burns a question as. she opined. he was the most qualified to answer iL having been on the Housing Authority for 25 years . She said it was her understanding that once we scrape a property. and put a Project Build home on it, our chances of recovering some of the initial cost for the scrape an: greater than if we just handed it over to somebody else to develop it. She asked if that is right. In other words. she said. if we put a Project Build home on this wc could recoup some of our initial cost from the scrape . She asked if that is com:ct. Mayor Burns Slated that is whal we nonnally do with Project Build. He pointed out that wc already have a n:hab loan on this property . He advised that Debbie Mcdlock. Chair of the Housing Authority. was prcscnl Mayor Burns noted that one of the concerns, that he thought the Housing Authority had and he certainly had, was that they get paid back on thal loan . Because, he said, as they may rccall they got some rather seven: criticism from some State politicians on this project. hinting that we would never get paid back on this loan and it was all a waste . He said he thinks we can be paid back . The other coocem he has had, and the City has had. is that the structure they actually wantc:d to put on the site vinually had no setback and just the design of it was a concern. But, he said, he thought the question she was asking was if wc put a Project Build house on it, could we recoup the lien and the price of the sale . Council Member Clapp advised she was hoping wc could break even or not go inlo the hole too far . Mayor Burns said they would love to do that. Mayor Burns asked if Ms . Medlock n:membcn:d, from their last meeting. the discussion about whccber it was necessary to waive this lien in order to have the cumnt proposal go tlvoup. Housing Awiority Chair • ' "' - I· • C f Ea&lewood City CCN1acil J .. t!l, 1998 .... .. • 0 t• • Debbie MedJoc:k advised they talked about wbcdlcr or not die City mipa be more willing 10 waive die lien ifit -a Project Build type ofboule. wbcre we could break cw:n. SIie mtal they don't know lllllil they actually ,et -plan IClellarios. 'Ibey also tallal about if they would be willing 10 maybe waive die lien and -re-look Ill their._ if it -for Habitll ...• Habilal bouse ... would they be -willing to do mane tbinp aloag lboR lines. Ms. Medloc:t lllled they -'t know break tM11S UDlil we decide about building ... wblll we are pg to pul on die IUUClure . Tbc:re -a lol of coac:em about die house Ibey - designing .. .it -really dOIC to property lines. Mayor BWlll llaled Ibey -abviausly trying to awcimize out die value of what Ibey were puaiDs in there to try to recoup. becallle they made die miaakc of DOt really reviewing die title and realiz:illg bow many licas wen: on die property when they bought it So Ibey -llyillg to push die PR!iect out for more value and we wcre llyillg to push it back in to haw IIIOR rwablc limits. Ms. Medlock advised tbal their concern was that it wouldn't look well in die neigllbomood. from wbal Ibey beard, it -huge. Council Member Clapp asked if it was her opinion that perhaps this is a litdc prellllblre. that we CIOUld put some llUlllben togctber and look at this. Ms. Medlock stated thlll she hasn't 111C11 this last thing lllll bas gone through. She said she knows they approacbed lbe rdllb axnmillee and die last time Ibey bad beard ... it just didn't seem feasible. She noted Ibey are trying to lllllke die best al what Ibey haw IIJIICII into. Ms. Medloc:t said she hasn't beard lbe latest. Mayor Burns CIOIIIIIICIUd it may be a litdc premlllllle. that it ICCDII to him it CIOUld well be. lllllil Ibey ,et some more dm on wbal miglll be pn,poml tbcR. He said. if be is DIil WRIIII, this -pn,poml as 1111t al an indlicemeal 10 ,et this done and be tbiDb Ibey mipt llill be opea IO dial. But, Mayor Burm llid, Ibey would like to recoup II mudl II pcmible ... becallle tbe Housiq Audlority lad a a-, and bec:ause al die political situllioa at that time, be would beavily fawr that dill lam be paid off. Council Member Wagoner mtal thlll be lhiDb this is sipificaal enough 1h11 really die oda two CGuacil members sbould be here for di1CU11ioa and for a WIie on this ilem. COUNCll. MEMSER WAGGONER MOVED. AND IT WAS SECONDED, POS11'0NE 'IBIS ITEM UNTIL ALL COUNCU. MEIDERS AU PUSENT AND TIUY HAVE BAD A CRANCE TO DISCUSS 11115, POSSIBLY IN A STUDY SESSION. Ayes : Council Members Nabllolz. HabcnicN. Wagaacr, Clapp. Burns Nays : None Absent : Council Members Gama. Bradshaw Motion carried. 12 . c-.ao...... (a) Mayor's Choice (i) Mayor Bums said it -a pleauR to participaic in lbe board and oommiRioa interviews apin lu week. He noted we haw an awful lol of pod peaplc who volumeer for politicNa on our boards and c:onunillions. (ii) Mayor Bums remindod Couac:il dlll Ibey uw a bnllld'all Friday. with l..ilddOa and Sbcridln, out• die aolf counc, to disam 1111d • ......... He advilld dill lie ..... IO die Mayor or Lltdetoa and be tbougbc jull die c:ouncil people were IIUI IO come . He .. Ibey uve llur aew c:ounciJ people and they arc aoiJr1 to try to ,et Ill ol lllea lllelc. ,- •. ., • • 0 , • Eapewood City Council Jue 15, 1998 Pace9 • 0 1• • (iii) Mayor Bums advised that the first Tent Talk is Thwsday night at Cushing Pan and he invited everybody to come to that . (iv) Mayor Bums noted that the Manufactwa's Round Table met on the 4th at Data Works ... a company that has a building off' of Windcnncre. He stated it is a wonderful company that a couple of entrcprcneun have started and bought a building clown there and really have quite a booming business. He said they almost have a comer on the muket. that they make day planners for restaurants . They were very complimentary of the City Slaff' in working with them on this facility. without prompting. Mayor Bums staled he was very pleased at how well the City Slaff' worked with them, through Neighborhood and Business Development (v) Mayor Bums said he thought they had a good meeting tonight on Cinderella City and he is looking forward to more. (b) Council Member's Choice (i) Council Member Nabholz: I. She reminded everybody of the north Englewood meeting Wednesday night in the Community Room from 7 :00 lo I0 :00 p.m. It is in regard lo the truck traffic and the traffic along Dartmouth. 2. She advised she will be attending CML next Tuesday through Saturday. so she will be out of town . 3. She noted that the CML JWIC Ncwslcttcr says that the League is seeking new picturcS to hang in their hcadquutcrs. Ms. Nabholz said she wanted to find out if Englewood bas a picture banging OD the wall al their headquarters and if not WC might want to take a look al it. Especially, she said, wid1 all we have coming clown the pike. (ii) Council Member Waggoner advised that he goc a call from a Floyd Borakovc and he talked like he had called all of Council or a lot ol them anyway . He said he was just woadcriag if Gary Scars was going to get them a report on the tree problem . City Manager Scars said he thought every Council member niceived I telephone call. He DOied we received a call this morning and scvcral ol Council called him. Mr. Scan adviled they had tbc Code Enforcement people go out there and he wasn't satisfied with their response . He Slated he had Oris OIDI and Byron Wicks step into ii and take a look at ii and they went out and met with him cady this aner-i. about I :00. In essence. he has a tree limb problem that is really between himself and the nwwgemml company . He is a renter on the property and he didn't think they were responsive enough in tcnns of doing the tree limb removal . Mr. Scars explained that our role isn't to go in there and do the removal for him, our role is to enforce that in terms of tbc auiS1DCC orcli...cc, or whatever . But. Mr. Scan advised. Oiris Olson and Byron Wicks agreed to wort cloaer with tbc maagcmcat company . So. he said, we made con111tt with tbc management company and it is his understanding that they will be corning 10 deal with this property in a quicker manner than what he had asked for . (iii) Council Member Habenicht : I . She advised she will be attending a wonderful 40• anniversary party. of her cousin's. in Minneapolis next week . So she won't be Ible to attend a number of meetings, including DRCOG . She said she knew Mayor Burns would attend that for her. Mayor Bums asked if that is next week . Ms. Habcnicbt advised that is this Wednesday . She asked that they cxpras her rqrets to all the other meetings she will DOI be Ible to attend, like the TCIII Talk, breakf'asl and llOl1b Eapwood ..-ting. She noted that she will also be attending CML and looking forward to il • I· • C f 2 • • • En&lewood City Council Juae l!l, 1998 PqelO • 0 I • • 2. She said she wanted to state for the record that she really app~ates the work that Council Member Clapp has done in investigating and taking a great deal of interest in protecting our youth in terms of the Internet. She a>mmented that they talked about it at the Study Session tonight and she was son of drawing an analogy and she just wanted to state for the record that in no way was it her intention to lriviali7.c either her a>ncem or the issue . She opined it is an extremely imponant issue . Council Member Habenicht explained that what she was trying to say was that she was hearing how valid and imponant the issue was, because she was able to bring it back into her own experience ... to an issue where a lot of people didn't share her a>ncem, but her a>ncem is still there. That. she said. was the intent of her comment and she wanred to clarify thal for her. ••••• Mayor Bums advised that he will also be attending CML next week. that he will be appearing on a panel on Friday afternoon. Also, he was sorry but he would not be attending the north Englewood meeting as Council Member Habenicht has asked that he attend the DRCOG Board Meeting on her behalf. But he thought he would like to see the issues addressed ... some of which were raised at the last one he went to, especially traffic problems in the area He said he looks forward to finding out what that discussion would entail. 13 . City Mana1tr'1 Report (a) City Manager Sears advised he was also planning on being at CML several days next week . (b) City Manager Sears nolCd Mayor Bums bad reminded everyone of the breakfast Friday IIIOl1WII-He stared the two topics that will be on the agenda Friday morning will be an updale and review of the plan with the other council members . He said those are always informative and secondly there is a consultalll Littleton has been using along the Santa Fe corridor and they plan to have an update from that consullanl on what they are doing. So it should be an infOffllllive session . ( c) City Manager Sears said they have bad a busy time with all of the issues relared to the Englewood Center project. the Cinden:lla Cily project He advised that be thinks most things ... or everything ... seems to be on tnck. The demolition work. in ICl1IIS of working with Manin and Martin, a>ntinues . He said they did get a copy of the plan for Slaplclon, in ICl1IIS of the demolition. so we are using some of that language and some of that infonnation to put together • propuJ or bid on the demolition. Mr. Sears 5lalcd they bad a very intense meeting last week with Pclcr Calthorpe and the development team to talk OYCr the design and some of the final issues and wc focused on the Sony Theater. He advised that Sony appears to be very interested in being there and they talked about the design in terms of the location of Inca Stra:t as it relates to that He said thal everybody seemed to be in agreement with the design that was submincd. and agreed to by the Council . One of the issues on Sony was, as you come off the tramit Slop , laking a look at a wall of what a Sony would look like. or any theater would look like . City Manager Sears 5lalcd they all agreed. including Skip Miller, with trying to do some business in front of that. so that the wall is just broken up . so it is not just a straight wall . That may be a bookshop or it could be some type of a>ff'ee shop or whatever. lo just break thal wall up . They felt that was a very imponant design and they have taltcn lhal back to Sony for their a>ncuncnce to move on that Mr. Sears advised they have drafted. and Dan Brotmian has put together. an agreement with Wal-Man. whicb they have given to Wal-Mart The agreement calls out strict design guidelines as pan of the agreement. a reversiomry clause, and their support with EDA grant. in terms of using some of their employees to meet EDA guidelines. This may mean up to S7SO.OOO or a million dollan to us . He advised wc ha\'Cn'I beard back from them, however, with the EDA grant. they have indicalCd a willinpcu to participate on thal level . We anticiplle, be said, getting their word back on the remainder of the lp'CICIIICllt lalcr this week or the first pan of next week . " - ... I· • () f ]- l.a&lewood City Council Jaae 15, 1998 P.11 • 0 • ,. - I • City Manager Sears advised that we also met with Jean TOWlllelld, as be indicated to the Council, about a tenant mix. He stated we have a proposal from her, we just received this afternoon. He said be met with her, the Weinpncn people and Skip Miller. Also, be and Bob Simpson will meet with Ms . Townsend tomorrow and review the agreement He commeotcd we want to be ral cautious about how we contact tenants and get information. Mr. Sears acd be was very impressed with the n:pn:sentative from Weingarten, that be had a very good understanding of the demographics of the area here. Mr. Sears said be wished be would have come to the table a little bit earlier, but be did show up last week and our intent is to work in conjunction with them to provide the best mix on the site over there. But we are still trying to finalize that, be said, and if the Wal-Man and Weingarten people can provide much of that daca ... bc doesn't know exactly what we will do, but we need to make sure we add value with where we go with that City Manager Sears advised they have interviews scheduled with seven residential developers on Wednesday of this week to talk about the residential component and they will be coming back with a recommendation to Council based on our discussions with them. They also had a very thorough talk, Mr. Sears said, and they will have that for Council on Friday, about the plaza ilSClf and the width of the pwa. Also, wbetber or not the median down the middle or green space on either side of the residential was the preferred alternative. David Tryba actually had a model there of both alternatives. City Manager Sears said be thought they all came to the consensus that the plaza down the middle would probably be the best alternative and it was about a I 00 foot wide separation there . Council Member Habenicht asked if thal is like a big median . Mr. Sears advised it would be a very, very large median, perhaps with some water fealURS along the median. In response to Council Member Habenichl, City Manlgcr Sears explained that David Tryba was more in favor of the P=I' on both sides and Ihm the -iD the middle. But. be said. as you take a look at it, with the Wal-Man cerur, we will have the boulevard with 1rec1 alipcd in the middle . Then you kind of widen thal out to go into the pll7.I by the residential, then you come ripr back into the one acre open space . With the Foley's building at the end, be advised. you can actually lake a look a& that as a lWllld effect and it rally looks spectacular. City Manager Sears opined that the good thing is. with Peter Calthorpe and David Tryba having the best minds with urban design in the llllion, they really are talang a look at things like the light for the transit stop and how the light comes in so thal it is not dark. So there are no pockets. from a safety viewpoint, where people can feel safe coming off of thal as they access the plua and distances as you come down into thal . Mr. Sears felt they are really working through a lot of the specific issues of the project . Council Member Wagoner asked about the latest thinking from RTD on the additional parting diat is going to be needed there . City Manager Sean said that. as they may have beard. they did not approve, or we don't know of any approval. for the 4 million additioaal dollars. A lot al thal money was geared toward their parting needs, based upon their full build out or their full DR. If tbll comes about, be advised, there is the potential, down the road, that we may still go back to them for that. But be noted, it wasn't absolutely critical up front Pan of thal -to DR Iha& for shared parting. He said he thought that part of the parting may be taken over bY the alignment of the resicbml buildings next to the parting deck, and they are taking a look at maximizing the parking deck behind that He said it is his Wlderstanding we felt thal we are okay with parking for the openina in the year 2000 . So. be said. be knows be is not answering that qUCSlion II well as be can wl they need to pc a bcacr explenation about Iha&. Council Member Waggoner advised that his coac:em is dial -ol the 111m al light rail would be parting in ocher areas. that were spccifically not desipllell or aot i..i.1 b their 111e. wl wbetber or not we mipr bave to restrict our restrictions on -of dill partiaa IO Olllllrol thal IIDF· I· f - • Ea&lewood City Council June 15, 1998 Pqel2 • 0 • ,. - I~ Mayor Bums staled he agreed with Council Member Waggoner, that it is important to get as much parting in theR for RTD as you possibly can. if you can fipR out IOIIIC way to fund iL Because, be pointed out. once you lock it in you aren't going to be able to change that clesip very wdl. City Manager Sears said be would like to focus in on that Friday morning or get Council an expllllltion. He agreed the question is out there and needs to be addralccl. Council Member Waggoner a,mmenled that there was another S1atcment in the report from Citiventun: that says "infonaltion rciceived on FannieMae AmericaD Communities Fund a>ulcl provide equity for the project.• He said be was no( sure what they were talking about. Mayor Bums said be wondered about that too. City Manager Sears said they went through a laundry list of all the funding soun:es we a>ulcl a,me up with. We feel like, be noled, with our PIF money that we didn't rally put into the original c:aJculalions, that we can still utilize that. He advised that he knew Marilee Uner threw the FannieMae up and we bad about 15 to 20 different sources of funds and they just didn't focus in on thaL He asked that they let him get a better explanation about tbaL Council Member Habenicht said that she bad~ in there. something about with the FT A funding not a,ming al this panicular point in time, possibly earlier. and she knows that was one of the a,nsiderations utilized in providing the daycare facility that would be included. She noted that she bas the same a,ncem that she bad when they talked about residential and what the clcmographics of tbat would be . She felt we weR really uying to address and serve a higher demopaphic with the IClail we are 1ookiag for . Ms. Habenicht staled that she just wanted to make sure there is a C011C1C111 about bow that clevelops . ••••• Council Member Habenict. said she WllltCd to DIClltion tblt lal week she attended an exciting coaferc:nc:e called American's for the Ans. it was their ICICOlld CXllderenc:e . Two llllioaal groups have joiDcd toFtber and it took place ~ in Denver . She adviml that she went as a represenlalM of the SCFD. the Scienlific: and Cultural Facilities DistricL Also, she noled. two of our Cultunl Ans Commission members attended and Gary Hultberg from the Slaff attended. ~ -some rally exciting things that rally correlated with what we are doing with Cindemla City, she said. some of the lalking we have been doing in terms of the civic center and the Museum of Outdoor Ans and a lo( of the programs weR on public an. Ms. Habenicht said she attended one, espccially. tnnsponalion and infnlstructure, which talked about public an and it went beyond public an in terms of lalking about bow to treat spaces for transit. ~ was IOIIICORe from the St . Louis transit and Portland ... bow to deal with public an and bow you deal with spaces in a pcdcsUian -y. That was one of the concems that she knew we bad. that our EDDA members weR a,ncernecl about the pedestrian f'rimdly aspect oftblt walkway from downtown . One of the things they bad included there weR places for people to stop and siL Sbe said she wondered if that was going to be incorporated ~. as she thought that was interaling. ••••• Council Member Habenicht advised that she bad bmd some back and fonb ... that several of us have a different understanding or some of the tbiDp they talbd about at Study Scaion today on what exacdy the public an ordinance, resolution. wllll i.w you ... wllll it-. wllll it does and what -we are talking about. She opined there is a 1ot of~ and leWlal of• have cliffereat ideas of wbal dllt all means and she was hoping they a>ulcl acllftll dllt • a Study Session wllca she is back iD IOWII . • • • • • • . ., •· • , 2 ]- - • ~CllyCwil .,_ 15, .,,. .... 3 <. • • • City Mulpl' Seas adYmd dlll lie 1111111 -...... die pnijDcl illdf'. He aid lie llmws 1*r Callborpe 1111 a pat nplllliaa ad lie rally cld add ID die pnlJject. 11111 lie-' aft, bec:aa be ii ID illwhed widt • _,. adlerprajem __. die U. S., ..... or• lie wa dill ellCilDd lbclUl dlil or not Mr. Seas C !KT C ~ dllt lie -ad _,. 11111 by die ad of die day Mr. Caldlarpc wa wry ellCilDd lbcllll wllll we a1e cloiac llae. W. lie llbd W. wily, Mr. Caldllllpc aid it ii bec:aa _,. afdlele types of pnljem ale ..... IOwanl elile typel of C IKT • be widt tlWit ad md afwry llip cad types of c:oeeunitw ad dlil ii W of die few, if GIiiy, . W lJpe al Ca ·ey, tlWit oriellSed cle¥cq ·, ia die amoa. Alld lie ..,.. 11111 lie tllillb dlil ca be a ..a madel for Giber c:onuauaities wllo arm'tjlllt ll die wry hip ead, ID 11111)' elllll'ace -aillllll me type ol dft 1lap I C So, Mr. Seas aid, lie is wry oriellled ID dlil 111d it dw p back ID die~ a.:.., lie ODIi I CI ~. be llmws lie wall2I ID try ID..--, • jlllt die elile people ...... die tipl lllil, 11111 it ii lldy die -9dDa c:laa people, die llliddle -people, wllo feel lillc dlcy ca ....... widt dlil IDO. 11111 ii wily Ibey 111ft 111111C COfflll OMM lbcllll -,me ia 1111ft. He apiaed we -llyUII ID wk widt dlll, 11111 it is tied afbodl m RTD ad a llCIII ID aalle it~ wide. lie aid lie ....... 11111 wa a -..-..--ID ... GIL 14 . Clly Aaeray'1 ~ Ciey ASlanley Braum. did DIil ba\'C any llll2len to bring W-Council . IS . MJN-' COUNCO. MDtaEll WAGGONER MOVED TO ADJOUltN. Tbe meeting adjourned at B:40 p.m. ~d.rl4 ~ . , .. .. ..: • • 0 '---.I - • • • • 0 I • • , ,, ,I r'.J . 11 •: ' 'I t • ·~ Arthur C. Emison n I c ·.; l '. 5564 South Lee Street Littleton, Colorado 80127-1845 -. Development Proposal (303) 973-9796 Fax 973-1110 e-mail arte@csn .net I prcseotly own 4 lots (60'xl40' each) in Evans Park Eltalcs, that's the south cast comer of Evans and Zuni. I have been trying for the past year to dcvelop or sell my property workiag primarily with and through Harold Stitt, Planning Coordinator OD the F.aglcwood city Slaff. 1bcn:. arc many problems in this area which have hampered my efforts to the point I fccl I must make this appeal dirccdy to you the Englewood City Council I bellne tire/acts in tlrls case ctllb/or a con,pl'Ollflse, but to dab: I have DOl boco succcssful'with city staff, can't even get a written, formal rcjcctiOD that list the basis of staff's position. I represent the following to be pertinent facts : • There presently is DO Access to my land, this land bas DO legal or practical use in this condition! • Street, water and IICWa' service wbiJc started by the city in 1971 is still DOl scbcdulcd for completioo! • Land ncccmry for street is oaly 75% dedicated, DO effort by city is presently in place to seek balance! • Cost ofa paved street, water and IICWa' would be SOD1C $ 1Sk per lot x 20 lots or a total of$ 300K! • No ocher effcctcd DCigbbor'I presently seek to dcvclop and 1hus they do DOt want incRascd taxes of a street! • Nooc ofncigbbon want add'I traffic a tbroup street will bring! • A majority of cffcctcd ncigbbon arc or have used their property canmcrcially, or out of z.ooing! • Zooiag cafurcemcnt bas boco a aigbtmarc and not successful! I have proposed large and c:xpaisive rcsidcatia1 duplexes for my land, which would coofonn to present R2C zoning . I e:xpcct units to sell in the $ 2SOK ranp and the taa1 dcvelopmc:nt costs to be in the $ I .S millioo range, its not a slum, will gn:atly incrcasc taxes OD the property . I have offered the following compromise to city staff: • I proposed to advance tunds for water & ICWCI' inmll•rioo to Englewood city standards for the entire block (a looped system). 1 e:xpcct to l'CCOYCI' this inYCSlmall in 10111C reasonable fubioo from F.nglcwood who would get owncnbip and or the acigbban who might book illlo the system over time u they develop their land and need service. We pracady bavc an Cllimetc of$ SOK to do this water & IICWa' service . The issue of legal costs and my time would also need to be CCIDlidc:rcd. • I propose no street paving. curbs. guU.cn, or sidewalk is ncccssary now, I doa't need it, ocigbborbood doesn 't want it and DO OllC WUlts to .. y COit of the impro'VCIIIClll ll this time . Wbm other lots dcvclop or the city gets funding or motivetioo to complc:te 1bc ltrcc:t improvancat district I would of counc pay my prorated share (4 lots of 20 would aiw me 20% participation) I bclicvc doing 1bc mil street impnMmmt now is a $ 300K expense which the development propoul for my four lots can't support and nqllirlng me to bear this fall cost would be an atradlon from me of a public Improvement not mod, necessary by my development. • Electric power, phone, cable and gas ecrvicca ere DOt a problem under this proposal but of course will be a big part of fully completed str= u poles will all acod to be moved. Public Service bas been oo site and will ask of CISCIDCDts ll the rear of the lots for UDdcrground ICl'Vicc. I would point out that pboac and cable service for Warren Street properties docs pracady cross my land without Ill)' cucmcat granted or rccordcd . • I would propose E.nglewood vacate to me the IOUlb 2S • x 240' mip of land originally dcdicatcd in 1971 for street proposes . This land prescady bas dead tn:a, trub and other issues which Englewood bas DOt maintained and expects me to bandlc . 1 would put acccmry Necrrnts and inslall water and sewer u above . 1 would propose to 1CC1C1S my land via a driwway or lane on 1bc aal1h side 2S' street ript of way and usumc all reasonable meiotmeoa: OD that acccu. Wbm water and aewcr ICl'Vicc is imtallcd we would grade the acccu lane and put in a road base which would acc>MIMN•"-datc limited UIC ofmy ci&bl duplex uaits and fire equipment . 1 pun:bascd four lcplly subdivided lots in I 99419S which ad,join a street ript..of-way, bow can I proceed to develop dae lots is the qucstioa? • •. I· • 0 f - • ·-.:. ---. .. ~ -t':i. .. I~ . . ·~ h) .... r :i · -· · -----0 1 ·------'ii.--·. 0 . • 0 • ~~ 0 ~--:-. 'O -----. ::; -·• E isOn p;.. Arthur C. Ill . l 1k Acco11n11DI ..... -.~ . . : . Maoa11ncD - ~rvlcc, lot. 9" ade . . .. -.. --·---* .... _ ---.s:.··· ,.; ·, R:I O ·"'. .... Cl) ::-.. ---~---~ 0 "' -~ . l\j --0 __ 8 ") . 8 "' -,;:··--- "' .,:1 •'C..\. •· t l\j ~ ·1 ~-. --q-----~ -1."\· ----.-.--- "' \:':I .. .~I ·-· 1, ....... 9GZ · ::! / ,09' . ~--~" . . . @~/ ,. -. ~ O r,;/_r ::'.-·· -~-~----~-------"'i .' ~I) ~ ~ 0 I 1 -' ~ .. •,•. : . '&) 0 "' ~ s · "> s (\ I ~<.-~, ...... 96Z 't(I ID g V 'fMht " ,r o · "' ,r 0 ~ .. ~ . W' 8£1 1/'l g •i ()0)) 9'7)-97 -_ :_.:::_.i .. .f..!.:.. -·•\I O .. , f\.. " "' l\j • . _j.., •\I Ii-_ -o---·:'. '~----[ ____ • ,')---.. -~~-.. .. . ,.. --.-. ~•;:c10 --.·1 C\J \:?I • .o ,:, ....... ,, - - ..:... w 0:: --,-,-·-· I{) ,. ~-,, 0::: . <C z ,, : 3:'"·'· --··-·--· ~ ·or :-·~· .. ,·.;-"' . /}1 :: II). ii1£ ... ,.,. ·,·[~,-- '" ,.., 0 V "' 0 ... ...... V . 0 ;,1 or31 1\ r~ ~ L>I t ~ 0 --~-. --~---- k ~t,,1 0 U) s 0 ll\; vt,I \() © ( '") ~-l~-,-- ;::; l-0 en ';'ti,, __ w 3: ~ .. I') ... I I ~7~ • • ll'l 0 .oi. --r,~ • I ] l f - • • • • • • <. Arthur C. Emison 5564 South Lee Street Littleton, Colorado 80127-1845 City of f.oglewood 3400 South Elati Street Eoglcwood, Colorado 80110-2300 Aun. Dan Brotzman -City A1tomcy .. (303) 973-9796 Fax 973-1110 e-mail arte@csn .net 6/25/98 I bavc received the auacbod draft of city Slaff rqoction on my various dcvclop111C111 proposals for four lots I own in f.oglewood . I made a reply to Harold, copy atlllCbed in which I ltlmccl several cooccms which may in fact be better clin,ctrd to your oflice. I will apin nap tbcle cancmm aad illucl aad would request a timely and complete response of the cities lcpl position 6om you. I haw alreldy been dealioa wilh P.nglewood over a year in this issue . As c:xprcucd in our mcctiDg several wecb ago we beliew Ibis could be worked out to CYCeyODC's satisfaction but I should not bo expcclCd to bear the full bwdm. in a micdy by the book procea when other aspcc:tl and individuals are not bciDg held to a similar ltllDdards • f.oalewood can not to caatinue to mat me u " TM Dwdoper " in view of city actions in 1971 to acquire land for street proposc,1 and its subsequent allowing cxisliag lots to IUIMlivide, including a 1996 sub-dividing of existing lots done by Englewood. It would appear city is clowlopcr. • f.oalewood sbould tab the lead iD fDrmilw a llnlllt impro¥emca district, aad acquiring remaining right of way if that is the din=ction it is RqUirias fbr improwmeat of property fraatiDg on Ibis right-of-way acquired over twenty five years ago. Tbcrc arc only 5 lots of 20 inwlvcd DOt clodicat.ccl &,r the str=. • &alowaod abould Clllfino c:umat Jlllllall iD Ibis block, I lava laacbed a n,ccat court case transcript which reOects the poor effilltl by city Ila&: Tbcrc arc IIIIIIY other e:xamplca which bavc been pointed out several times but llill not bandled conectly by city 11d. • f.oalewood sbould to coafilrm to city ZIOIUlll mndards on a owned right-of-way in fioot of my land . This plot some 25' x 240' bas dead trees, tnsb and weeds which city llaft'bas tried to bold me responsible for, but I have never been provided a RIUOllllble basis for dial city politioa ( It is not like rcmovil&l of snow :ind ice from city lidcwaJk u in OuefOlson's 10/23/97 lcttcr . • b f.oglewood aoing to maintain my 1CCC11 via Ibis right-of-way? Pracntly, 11CCC11 fiam Zuni side is blocked by busbct, larp boulders aad telephone pole guide wirel, 11CCC11 6om Vallajo side is obstructed by dead trees and downed pboao aad cable 1V linca. Wbat is my ability to IIIO my land, wbm docl Ibis bocamc a Tallng, issue? I purcbuod bar lcplly subdivided loll ill 1994/1995. which ad.join a street right-of-way, bow do I proceed to develop tbcle lots? CC : Gary Scan -City Mmp, a.-.-Ollml. Di..-of Safety Servicea, Allll Nabholz -City CGuacil Dislrict l, Jobla Bode -Ulililicl, Harald Slill -....... CoClldillllor • 0 f ,, I • Arthur C. Emison 5564 South Lee Street Littleton, Colorado 80127-i845 .. ·: City ofEogl~ood 3400 South E1ati Street Engl~ood, Colorado 80110-2300 Attn. : Harold Stitt • 0 • ,:·~; ,f" ' .. J• i-, . (303) 973-9796 Fax 973-1110 e-mail arte@csn .net 6.'25/9 8 ,,, - Got your draft rejection of my waler&. sewer deYdopmmt request. I have several prob'.i:ms with this re s pons..: wlu ch I have recapped ~w. and hope you will address in the final version of your rejection • · You refer to _rcquircments ~ various pans of Eoglcwood code but pli:ase provide copies oftl:ose sprc ·s I c. Tnle 10, Chapter4 "Design Standards" and section !il02 "Fire Department Access", so that we can ..:val uat..: 1.:l.1111.: to our proposal . It would be belpful if you would site c::xact reference to code for all of rejections po 1111 , • . We believe acquisitioo of ra;naiaing right of way lbould be tbc responsibility of Englewood a:1d proc ..:ss sho ul d have been started already by your dcpartmalt Further it is my position that Engl~ is the " Developer .. in this street development based upon it's actions in 1971 in taking 75% of right of way for stre et p11rpmes As pointed out the city owns this land and s:hlUld be required to maintain my access to these lots . The wc ~J s. tr ..:cs and trash are not presently maiotaiocd to city Slalldards . I~ paying advalorem propeny taxes 10 En •k11ood 111 return for services, but receive DODC. • You agam refer to requirement for a looocd waler system, but do not site a code section. We note 111 1.:1·1..:11lllg city utility maps provided by EaglcWoO(l utilities dcpanmcol that they preseotly reflect some dead end II a1er ! Illes Further we ·poinl out new standards and cquipmcat have been developed for this issue which might n 11· mahe :l11s work here. Most districts have spec's for cul*5ae's which I would hope might apply to my proposal • We have DO problem with 6" water line or I" sewer line but placement requirements you site J o not rd h: t 11 h.11 yoll( spec book shows. We received from~ utilities oo 10/20/97 two green spec books i.e. lie 11 cr Line Specification-City of Englewood and Wastrwater.collectlon systems, Design & Construe/I on . W e refer to sections 2.5.1 which states sewer should typically be 10' south of center line ( DOie south side 1s 11hc1c ,,.., presently have 2S' right of way), we also see requirc:ment for 10' separation ofv.'ater and se we r 2 5 2. bu t ,,c lo not see any requirement to straddle ceoti:r line of street which you arc requiring . • You refer to depth of public sewer as 8', we see io scctioo 2.5 .3 a miuimwn n:quiremeot of 4', wh3t 1s bas is of city's positipo oa sewer depth. Fwtber we ICC when: waler and sewer can be jg casement. We will soo n ha,c :i letter from our coouactor, Eagle One Coouadon. Inc who 1w now been on site and reviewed th e blu ..:p rnn s. stating that be can put in utilities as I propose jg 32' right of way available . I believe Englcwoods pos1 11on as tlu . is not possible and will not be allowed, but we have DO formal basas for that position. · Again I wash you would be reasoaab~ wont lopcbcr with me to get this proJect going. it will be :i gre at 1111p101 ..:mcnt to neighborhood, will increase tax buo and raolve IOIIIC of our ocher CWTCDl problems . Tbcrc curr entl y 1 110 r..:ason for a full stroct, c:ost of that improvcqica& ( uy S 300K) cu DOt be supponcd solely by my proj ec t. neighb r sand city also have no inlercst or funds for this UDIPCCCSSl'Y COil at Ibis time . CC : Gary Scars-City Manager, Cbrisaopber Olloa-DiraaoroCSafay Scrvaca, Ana Nabbo lz. Cu) Council Disuict 1, John Bock-Utilities, Dan BIOUmlll-City Attomey • •· • 0 , Arthur C. Emison 5564 South Lee Street Littleton, Colora4o:80127-1845 City of Englewood 361 S South Elati Street Eoglcwood, Colorado 80110-2300 • 0 ,. - (303) 973-9796 Fax 973-1110 e-mail arte@csn.net "' - 7/7/98 Attn . Lany Medina -Zoning Officer -Joyce Parsons -Code F.nfon:cmcnt Supervisor Thanks for mcecing me OD site Thunday 7/2 . I have DOW bad a cbancc to review the response provided to my,6/29 letter, i.e . the citation of zoning code ICdion l l-S-S DOW being used as basis of city position that I must remove dead trees and haul trash oo city owned sttcc:t right-of-way , but as you might suspect I am not buying this code section 11- 5-5 as applying to what wc have in this cue. Wbcn sttcc:t is developed I will gladly maintain trees planted and shovel snow on sidewalk. I have however cin:ulllcd it to my odlcr profi:uiooal advisors and the attorneys for their comments and suggestion as to how wc sbould proceed . As you know I have other iuucs in dispute with Eoglcwood and those were presented directly to city COUDCil OD Monday, 7/6 so pcdiaps IOCll wc will have a resolution or plan to proceed and address all issues . I wish to recap my UDdcntandiag of our mcecing today . As you may recall I bad several associates OD site to help me understand what was bappming and we aR in IIJ"CCIIICDt u to F.nglewood's position statement . First it surprised us that you agree with my position that I don't have accas to my land via existing city owned right-of-way, but it was even more surprising that you would propolC I seek access via the neighbors land. As I understood Larry's comment be 11agcsccd I CODlact citbcr Manual Guardado rc:prding uaiDg his driveway (that's the laochcapc yard) or even getting Dennis Kdly to--allow laking down a fmcc . It wu clear to us that in fact dead tree's and trash rcfcrTcd to in the" Notice of Violation" dalod 6126 &ROD the city owned rigbt of-y and that is oiCOUlle the partoftbc notice of violatioo I dispute. I am clear in that I need to cut Mads OD land I own, but then I don't have access to do that. l have wria.cn for pcrmissioo to croa ...._land (copies auacbcd) and usumc you will grant an cxtmsioo for compliance as rcqucstcd in my 6/29 lcacr ~ ,+1µ, ~,,, ,r.., Wbco you issued this 6/26 violation notice I note you did not cite code sections previously preprinted OD the forms and helpful in verifying what wu basis of notice wu. Could you plcuc go back to citing code OD all notices of violations . l believe your notices need to cite a zoning code vasus city policy . l also came by the records office and got copies of 1W111D001 you issued to my ncigbbon. As llalcd, I seek uniform cnforc:cmcnt of zoning and that is DOt wluit I w upp · I ia my cue. I will go through several examples of what I consider out of line . • The owner of what I call the lmchc:apc company, Manual Guardado wu served a 1W111110111 and complaint oo 9/23/97 for derelict vebiclcs( l S-S-3a), junk ( I S-2-2a) and ulvaac ( l S-2-2b) after many years of operating a commercial business OD his five lots, moat of Cllffllll Eaaicwood city staff was invol\'Cd in their 1992 commercial zoning cbangc n:qucat and know it WU rcjemd, yet ilr all the ycan till I compl1iacd, and complainod many times, tbcrc WU DO cnforccmcnt by city staff. He finally ..,,.rat bcmrc the judae l ln.0/97. City mff pica barpincd the deal down to oaly S IS in court C01t1 and oac )'elll probatiaa or S 400 mlp"l'dnd fine . Now we have violatioas which sbould have triger that fine but l aac DO adioa to do so by die staff'. I wu at the 11/20 bearing (what a joke). I pun:huad a copy of die bcarim8 wllidl is trwcribed and aaadlcd for you rcfcrcncc . In the bearing it WU dircctod that a dclailcd lilt of vialalicm ( puadl lilt ) be made by parties and and ulfO the CIOWt records . I would like a copy of that documcnl . Allo auacbcd is the rccordod nap oflhis cue (Conditiooal Suspcnsioo Stay Aarccmcm). ·- ... • • 0 f ']- ]- • • While under the current notice of violatioo be has cut bis weeds oo the street rigbt~f-way at the time of our meeting be has not yet cut the weeds OD bis land, nor did be clean up 1JUh from recent fire in the rigbt~f-way. Further, be is not cited for cquipmmt. paUccs and other 1JUh 1.istcd in the rCQCllt court c:ase . I have pictures of this area taken Sunday .;ns@ 10am 111d Friday 7/3@ 9am which will support my obscrvatioos OD site . I have yet to receive a satisfactory response from city staff OD the pngc/sbcd lhat sMWCd up OD this property in the put year without any building permit OD record . • The Kim Young property (that's the auto body shop) was not cited in this n:a::at round of~ He however continues to UN 6c rmr of bis lot which is 7.00Cd R2C "or commerical stonlF of cars 111d tnacb . i ~ ~-1,/l'f /qf Vi,4 ~ "-""'· ENGLEWOOD MUNICIPAL COURT, 3400 S. F.LATI ST., ENGLEWOOD CO 80110 762-2581 HOURS 8:30 AM TO 4:30 PM, MON .-FRI. (EXCEPT HOLIDAYS) / AS PART OF THIS AGREEMENT. DEFENDANT AGREfS TO NOTIFY THE COURT OF ANY CHANGE OF ADDRESS, :·2 :··: ::'r:x.;:. s ::~?ENs:o:-: :::-:.a..--i AGREF:,i :::~r: PHONE ND. DR EMPLOYMENT WITHIN 48 HOURS . o~~-G~ARDA:o , MAJ UE: R0 2l :c~:z 1 : ~ 7 ~ .3A:AP.l.G0 DENVE~ CO 30~23 EMP : FISE $~0C.t:0 J AE. DA 'i.3 0 COST S us .co ·FEES P.a.ID '!'OTA: $415.00 DUE THIS COURT SENTENCd~ the Defendant in this case to the penalty indicated above and ~GRANTED A STAY OF f::Xf CUTION . The Defendant agrees to the following conditions : :'': :~A'."E :'~: CC'JR '! SU -Pc:~;D $40J . 8 0 OF THE PENALTY C ., ,:: -~ .,_.) .... v S4CC•. OC PRO V I !:J ED THE DEFENDANT COMPL y WITH THE FOLLOW; ~IG co::;:::': .:::rL. OTHE R: NC FU RTF.ER SIMILAR VIOLATIONS FOR ONE YEAR BY 19 NOV 1998 DEFE i lDANT TO KEEP PROPERTY CLEANED UP A S ORDERED BY THE COURT :? A~~ O~Z OF THE 3 2 CON D!T ir.·s rEQUIR EJ AR E NO T HE7 BY :HE JA :'2 SO ~9CZ~E J, _ ·-:~FE.!\J AN:' :s 1Z~!.J:~::::, T ': /i.??Er.~ BE FO RE ':':i:S COUF.T OH . T:::.J RZD A 'l 11 . JO A !-1 ?O R A CON DI'!:c ri;..L STA Y HE;..;,:;.~:'.J Should the Defendant fail to meet any 01 the conditions and further fail to appear before the Court on the appearance date and tilne NI. lhe Delendanl • ad.,•ed,,.. addillonal co1t1 shall be assessed for faifure to pay and/or appear; and without further notice, said Defendant shall"" su!)ject to arrest and •carceration until said penalty ii .,,; .. ,:.,d . -----' .. • • 0 I • 0 • S-23-1998 11 , S6Pt-1 FROM ENGLE WOOD CIT Y GO VT 303 762 2659 June l9, 1998 Mr . Arthur C. Emison SS64 South ue Street Littleton. CO 80127-1845 Dear Mr. Emison : " . • P .2 ;.:-;::':·!,· Development of your property will require the construction:af-_a-public street built ~:~(ty._standards. The requirements for such a street arc found in Title 10, Oiapter 4-:~ Standardr~"fth~ Englewood Municipal Code and Section . 902 Fire Qepartmcnr Access of f¥:a•1~onn Fin!·:C:octe. Specific construetion requirements for the streets are published ~c'.~~$IJldVd' and Concrete Specifications which has been provided to you . -.-.. ':..:~ -._,~ . ... <.-.~;:. . .. ::-~~~· ~i.-: ·~:-;-·. The portions of the existins public risb~-tvay that are -6hly twenty fiw1-t wide do not provide the necessary area for proper separati~qf~ and sewer ~\ Theie'* dedication of the remaining necessary right-of-way will be rcqdiied .before utility lines:~~ In addition, the water line must be looped~ .nouer:minated at a fire.hydrant as a maiter~i iin},le public health and safety. Dead end mains~~C !~~Y;.and wacbr:*P!t'•prOblems . The minimum size· of the public Water main ~'lp?Jfils area is-~:-l;ikely 6" .. ~~An .engineer would need to look at the fire protection rcqu~dls and water press~in:~e area to dtlepn!ne for sure what size it would be . . . ~ . . . :1 .. ':. . :- :;=blic sewer line must be pl~ If. depth ~ ~ill serve all future development on both sides of the · ~ · .:aot just a few lots . It is pouible that an9thcr property owner will someday want a bucmcnt in the s~·.ctiey build . so the ewer main: must be delipcd to serve that eventuality. For a public sewer main, St ~ the minimum size . If you have any quest ions concemins these maners. please contact me at 762-2341 . Sincerely. • .. •· • 0 , - • • • I~ . • ' • CITY OF ENGLEWOOD DEPARTMENT OF SAFETY SERVICES July 1, 1998 Mr. Arthur C . Emison SS64 South Lee Stred Littleton, CO 80127 -1 845 Dear Mr. Emison, C.H. Olson, Director ,,,_ As per IIOtice concerning public n ;h:-,f-way prnperty, it i~ the responsibility oithe property owners to maintain said pt rt i.>n of public right-of-way. Enclosed you will find Municipal C ode, Section 11-S-5 that defines the responsibility of public right-of-way. For further contact regarding th s, please call Joyce Parsons, Code Enforcement Supervisor, at 762-2340, or La ry Medina at 762-2336. Sincerely, ~~~ LanyMedina Code Enforcemenl Officer City ofEnglewood 11~; 1091 - • . .. •· • 0 , - • • • t• • mr.191 s ,..i 487 I\ Tnas Da:,:o ............ ..... . .. HATT W. SCHIESLER and IRENE ~. SCHIESLE °'"'° c:ou,,,., Arapahoe ..,_ .. Ce1orMo,o1 ... ,1m,.r1,o0111 THE CITY OF ENGU:WOOD, a municipal corporation ., .... c-i, oe Arapahoe .., .... ., ~ ............. ..... WITNISSETII, ,,,., ....... -ie. .. "" llnl ..... , .. -lo--...... _.. Ten Dollars and Other Good and Valuable Conaiderations---------lOC&I.JUat • u.. •WI ,en ie 1 ., 1M ftnl,.... .. llaa4I ,.w "' ... _.. ,an y et uae ...-. ,an. u.. nn1,, • ._., •• , la MnQ C9Al....a ............... Ila Ye ................ ..W. _..,.. •1111 QUIT CLAlll&O, •M b1 t.MN ,reHa&a.. ,...._ n ...... NII,~ ... QUIT CLA.111 au lllil ..W ,art Y .i U.. ..... fart, 1 ts ..,,n. atMCeaNn .......... , ....... .a 1M rtaM. 111111. ........_ ,..._ ... ..._.. •lllcll U.. uW ,an ie • •t u.. rtnt ,en a. ve •• .., ..... ,...,... ..,... 1et .,. ,.... .c 1uic1 .... w. a,.-a .,.. .._ ... 111 o.. c-atr" Arapahoe .... a .. 1e.r~1e.11.: North 2S feet of Lots 16 through 19, lnclu,ive, Block 14, EVANS PARK ESTATES County of Arapahoe State of Colorado I I I , ...... __ , I Ii TO UYS AJIDTO IIOLDIM ____ o11 ............... _ ... ,rt ..... - .,.___ .. ___ _......_ ... _llslll,llllo,_ ... ____ .. .... --1•• ...... __ ...................... ______ ...... ... ..... y ...... __ ita --...... -· INWITNmWIISUIDP,TM..W-iea ..... -........ ve~~-· ........................ .--Dl~ .. :.Jiil,' ...._ ...... --.. ..... ..__.. MATT /I,( SCHlESU:'x --,.-------~---.,-----ll&ALJ II .1-cu,, • ..,,L..lc.ie1L, ,ll&Al., UENE L. SCHlESU:l t>-.·~:. :. . (ILU.J . i~f i:-:·: :::.:SL·: . ffAftOP~, }-. --,v.,-,<.. ,,,., ___ _....,.. __ _ .... ... --,fa•~ t~ \"I ... •,' , .• ,.,,' -~~'•"' -~..n~Y/"' ·-... __ ,,,, .... ~~Z:s;J&'HE'"~-9e~-~ -.-..-v--~~a::.:.:; ' --. .· ,- ' • . " '('"' ,,. t. ' • A • \ 0 . . i''T. I • • • • PETITION Come now your petitioners beiow naaed and respectfully petition the City of Englewood, County of Arapahoe, State of Colorado, to open the hereinafter described as a fifty foot (50') wide street between South Tejon Street and South Zuni Street as shown on the aap attached hereto, and represent to the City of Englewood that they are the owners of the property to be deeded to the City fo·r the opening of said street and agree to execute to the City the necessary deeds for such street if the City will accept the saae. The description of the street to be dedicated is as follows: The South twenty-five feet (25') of Lots l to 10 each inclusive and the North twenty-five feet (25') of lots 11 to 20 each lnclualve of Block 15, Evans Park Estates, all in the City of Enclewood, Arapahoe County, Colorado DATE NAIIE AND ADDRESS DBSCRIPTIClf OF PROPERTY Lot 11, Block 15 ... •••ns Park .. tates Lot 12, Block 15 Evans Park Estates 6 'j'o-i I,) EL ,.J,.--IJ. >'L . Lot 15. Block 15 o.,,~~~dJ.JJBvau Park .. tates Lot 19, Block 15 •••as Park Eatatea Lot 20, Block 15 Evans Park Eatates / Ii.. : • • 0 ]- - RESOLUTION NO . g SERIES OF 1998 '· • • • .. A RESOLUTION APPOINTING J . L. BARNES TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . .. WHEREAS , there is a vacancy in the Englewood Clean, Green and Proud Commission; and WHEREAS, J . L. Barnes has applied to serve as a member of the Englewood Clean, Green and Proud Commission; and "' - WHEREAS , the Englewood City Council desires to appoint J . L. Barnes to the Englewood Clean, Green and Proud Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section 1. J . L. Barnes is hereby appointed to the Englewood Clean, Green and Proud Commission. J . L. Barnes' term will be effective immediately and will expire December 10 , 2000. ADOPTED AND APPROVED thia 6th day of July, 1998. Thomas J . Bums, Mayor ATTEST : Loucri.8hia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City ofEnc)ewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 1998. Loucriahia A. Ellis -------- • I Ba • • 0 f __ I - RESOLUTION NO . 5& SERIES OF 1998 · .. • • • ,.. " A RESOLUTION REAPPOINTING J . L. BARNES TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, J . L. Barnes is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, J . L. Barnes' current term expires August 4, 1998; and WHEREAS, J . L. Barnes has applied for reappointment to the Enciewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint J . L. Barne, to the Englewood Liquor Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sect.ion 1. J . L . Barnes is hereby reappointed to the Englewood Liquor Licensing Authority . J . L. Barnes' term will be effective immediately and will expire Auguat 4 , 2001. ADOPTED AND APPROVED this 6th day of July, 1998. Thomu J . Burne, Mayor ATTEST: Loucrishis A. Elli.a , City Clerk I , Loucrishia A. Elli.a , City Clerk for the City ofEnc)ewood, Colorado, hereby certify the above is a true copy of Reeolution No .~ Seriea of 1998. Loucriahia A. Ellia ;- . , • . , lb I .. • • 0 RESOLUTION NO .t:t/ SERIES OF 1998 . T ·.,, • • ~ • A RESOLUTION APPOINTING CAROL BELT TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Public Library Board; and WHEREAS, Carol Belt has applied to serve as a member of the Englewood Public Library Board; and WHEREAS, the Englewood City Council desires to appoint Carol Belt to the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ,. - $c<;t,ipp 1. Carol Belt ia hereby appointed to the Englewood Public Library Board. Carol Belt's term will be effective immediately and will expire February 1, 1999. ADOPTED AND APPROVED tbia 6th day of July, 1998. Tbomu J . 8111'118, Mayor ATTEST: Loucriahia A . Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City of EncJewood , Colorado , hereby certify the above is a true copy of Reaolution No .~ Seriee of 1998. Louc:riabia A . Ellia ' ' • Sc .. • • 0 - • RESOLUTION NO . 1/lf) SERIES OF 1998 • • • fJ,tt-.:f=> A RESOLUTION APPOINTING JANET BERENS TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Clean, Green and Proud Commi.eaion ; and WHEREAS, Janet Berens has applied to serve as a member of the Englewood Clean, Green and Proud Commillsion; and WHEREAS, the Englewood City Council desires to appoint Janet Berens to the Englewood Clean, Green and Proud Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectipn 1. Janet Berens is hereby appointed to the Englewood Clean, Green and Proud Commission. Janet Berens' term will be effective immediately and will expire December 10, 1998. ADOPTED AND APPROVED this 6th day of July, 1998. Thomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia , City Clerk for the City ofEn,lewood, Colorado, hereby certify the above is a true copy of Reaolution No .~ SeriN of 1998. Loucriabia A. Ellia 8d 00 ;.._ " ' •' ~· r '.l ~ ~ • ., '" • • • 0 • ]- RESOLUTION NO . f.t./. SERIES OF 1998 • • • A RESOLUTION APPOINTING ROBERT CASSIDY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, there is a vacancy in the Englewood Water and Sewer Board; and WHEREAS, Robert Cassidy bas applied to serve as a member of the Englewood Water and Sewer Board; and WHEREAS, the Englewood City Council desires to appoint Robert Cassidy to the Englewood Water and Sewer Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Se<;tion 1. Robert Cassidy is hereby appointed to the Englewood Water and Sewer Board. Robert Cassidy's term will be effective immediately and will expire February 1, 2001. ADOPTED AND APPROVED this 6.., day of July, 1998. Tbomu J . Burm, Mayor ATTEST: Loucrisbia A . Ellis, City Clerk I , Loucrisbia A. Ellis, City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Seriee of 1998. Loucriabia A. Ellis •, . ' • Se • • 0 ]- RESOLUTION NO. f,.2- SERIES OF 1998 '· • • • d-,,,~ ?~ A RESOLUTION APPOINTING JULIA CIEBIERA AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Parks and Recreation Commission consists of nine members, two of whom are to be under the age of eifhteen years when appointed for terms to expire on June 1, of the following year; and WHEREAS, the City Council desires to appoint a youth member to fill the vacancy on the Parka and Recreation Commission for the term expiring June 1, 1999; and WHEREAS , Julia Ciebiera meets the requirements set forth by City Council for appointment to the Parks and Recreation Commission; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Se<;tjpp 1. Julia Ciebiera ia hereby appointed aa a youth member to the Parks and Recreation Commission. Julia Ciebiera's term will be effective immediately and will expire June 1, 1999. ADOPTED AND APPROVED this 6th day of June, 1998. Thomu J . Duma, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City of E111lewood, Colorado, hereby certify the above is a true copy of Reaolution No .~ Series of 1998. Loucriahis A. Ellia • . Bf • • 0 -. ]- RESOLUTION Nc//3. SERIES OF 1998 • • • A RESOLUTION APPOINTING JUDY COURTWRIGHT TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Public Library Board; and WHEREAS, Judy Courtwright has applied to aerve aa a member of the Englewood Public Library Board; and WHEREAS, the Englewood City Council desires to appoint Judy Courtwright to the Englewood Public Library Board; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: $ect,ipn 1. Judy Courtwright ia hereby appointed to the Englewood Public Library Board. Judy Courtwright's term will be effective immediately and will expire February l , 2000. ADOPTED AND APPROVED this 6th day of July, 1998. Tbomu J . Duma, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City of Enpewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ Seriea ol 1998. Loucriahia A. Ellia Bg -~i"t' ' .. ,. ·, ·" . , •, • • 0 . ' ., • ]- - RESOLUTION NO ./ J SERIES OF 1998 I./{ ~. • • • A RESOLUTION APPOINTING NICOLE DAVIS AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ,, - WHEREAS, the Parks and Recreation Commission consists of nine members, two of whom are to be under the age of eighteen years when appointed for terms to expire on June 1, of the following year; and WHEREAS, the City Council desires to appoint a youth member to fill the vacancy on the Parks and Recreation Commission for the term expiring June l, 1999; and WHEREAS, Nicole Davia meets the requirements set forth by City Council for appointment to the Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Nicole Davia is hereby appointed as a youth member to the Parks and Recreation Commission. Nicole Davia' term will be efl'ective immediately and will expire June 1, 1999. ADOPTED AND APPROVED this 6th day of June, 1998. Thomu J . Burna, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishis A. Ellis, City Clerk for the City of Enclewood, Colorado, hereby certify the above is a true copy of Reaolution No .~ Seriea of 1998. Loucriahi.a A. Ellis . ( 8h I .. • • 0 • - • • ,.. • ·~ • (, RESOLUTION NO. 1h. SERIES OF 1998 • t,f-1 A RESOLUTION REAPPOINTING EMMETT D~MKE TJgOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Emmett Duemke is a current member of the Englewood Downtown Development Authority; and WHEREAS, Emmett Duemke current term expires June 30, 1998; and WHEREAS, Emmett Duemke haa applied for reappointment to the Englewood Downtown Development Authority for another term; and WHEREAS, the Englewood City Council desires to reappoint Emmett Duemke to the the Englewood Downtown Development Authority for another term; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5es;tipp 1. Emmett Duemke is hereby reappointed to the the Downtown Development Authority for the City of Englewood, Colorado. Emmett Duemke'a term will be eft'ective immediately with term expiring June 30, 2002. ADOPTED AND APPROVED this 6th day of July, 1998. ATTEST: I.oucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia , City Clerk for the City of Englewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ Seriee of 1998 . Loucriahia A Ellia ~"' ........ . :1t-· .... '• ~-, • ' ., ; ' . •. ., • • 0 • RESOLUTION NO .w SERIES OF 1998 . (' • .. • • A RESOLUTION APPOINTING JACQUELINE EDWARDS TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Clean, Green and Proud Com.mission; and WHEREAS, Jacqueline Edwards has applied to serve as a member of the Englewood Clean, Green and Proud Commission; and WHEREAS, the Englewood City Council desires to appoint Jacqueline Edwards to the Englewood Clean, Green and Proud Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $es;tjop 1. Jacqueline Edwards is hereby appoint.ed to the Eaclewood Clean. Green and Proud Commission. Jacqueline Edwards' term will be effective immediately and will expire December 10, 2000. ADOPTED AND APPROVED thia 6th day of July, 1998. Tbomaa J. Burna, Mayor ATTEST: Loucriahia A . Ellia, City Clerk I . Loucriahia A. Ellia, City Clerk for the City ofEnpwood, Colorado, hereby certify the above is a true copy of Reeolution No.~ Seriee of 1998. , .. . , • ., • • 0 ]- RESOLUTION NO. l[J_ SERIES OF 1998 .. ~·. • ,.. • • A RESOLUTION APPOINTING STEVEN FINER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS , there is a vacancy in the Enclewood Downt.own Development Authority; and WHEREAS, Steven Finer has applied to aerve u a member of the Englewood Downt.own Development Authority; and WHEREAS, the Englewood City Council deaires to appoint Steven Finer to the Englewood Downt.own Development Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Sed;jon 1. Steven Finer is hereby appointed to the Englewood Downtown Development Authority. Steven Finer'a term will be effective immediately and will expire June 30, 2002. ADOPTED AND APPROVED thia 6th day of July, 1998. Tbomu J . Duma, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City ofEnpwood, Colorado, hereby certify the above is a true cx,py of Reaolution No .~ SeriN of 1998. Loucriabia A. Ellia , . , 8k ... • • 0 - - RESOLUTION NO .~ SERIES OF 1998 • • • A RESOLUTION REAPPOINTING BARBARA FOUT TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Barbara Fout is a current member of the Englewood Liquor Licenaing Authority; and WHEREAS, Barbara Fout's current t.erm expires August 4, 1998; and WHEREAS, Barbara Fout has applied for reappointment to the Enclewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Barbara Fout to the Englewood Liquor Licensing Authority; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Barbara Fout is hereby reappoint.ed to the Enclewood Liquor Licenaing Authority. Barbara Fout'• t.erm will be effective im.mediat.ely and will expire August 4, 2001. ADOPTED AND APPROVED thia 6th clay of July, 1998. Tbomu J. Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia. City Clerk for the City of En,Jewood, Colorado, hereby certify the above ii a true copy of Reeolution No ._ Seriee ol 1998 . Loucriabia A. Ellia 81 ' . ,. •. • . , • 0 ]- RESOLUTION NO . / /1 SERIES OF 1998 11-f <' • • • ~~~ l)Uef A RESOLUTION APPOINTING COLE HAYDUK TO THE PLANNI NG AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , there is a vacancy on the Englewood Planning and Zoning Commiaaion; and WHEREAS , Cole Hayduk has applied to serve as a member of the Englewood Planning and Zoning Commission ; and WHEREAS , the Englewood City Council desires to appoint Cole Hayduk to the Englewood Planning and Zoning Commission ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: $ectipp 1. Cole Hayduk is hereby appointed to the Englewood Planning and Zoning Commission. Cole Hayduk's term will be effective immediately and shall expire February l , 2001. ADOPTED AND APPROVED this 6th day of July, 1998. Thom.aa J . Burne , Mayor ATTEST: Loucriahis A. Ellis, City Clerk I, Loucriahia A. Ellis , City Clerk for the City of Enclewood. Colorado , hereby certify the above is a true copy of Reeolution No .~ Seriea of 1998 . Loucriahia A. Ellis em I· .. • • 0 - - • RESOLUTION NO. fJl)_ SERIES OF 1998 (' • • • A RESOLUTION REAPPOINTING MICHAEL HEBERLING AS YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Michael Heberling ia a current youth member of the Englewood Public Library Board; and WHEREAS. Michael Heberling bu applied for reappointment 88 youth member to the Englewood Public Library Board ; and WHEREAS, the Englewood City Council deairee to reappoint Michael Heberling as youth member to the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Se<;tion 1. Michael Heberling ia hereby reappointed 88 youth member to the Englewood Public Library Board and such term shall expire June 30, 1999. ADOPTED AND APPROVED this 6th day of July, 1998. Thomas J . BUl'DII, Mayor ATTEST : Loucriahia A. Ellia. City Clerk I, Loucriahia A. Ellia, City Clerk b the City al Englewood, Colorado, hereby certify the above ia a true copy af 8-llutioa No. _ Seriea af 1998. Loucriahia A. Ellia 8n ~,~:~-.> .~·' . :t. ' ' l ... ' . . ' • . • • 0 .... - - RESOLUTION No.11. SERIES OF 1998 • . ,. • A RESOLUTION APPOINTING MIKE HEBERLING AS A YOUTH LIAISON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the City Council deeirea to appoint a youth liaiaon to the Cultural Arts Commiaaion for the term expiring June 30 1999; and WHEREAS, Mike Heberiinc meeta the requiNmente aet forth by City Council for appointment u youth liaiaon to the Cultural Arte Commiaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: S@ct,ipn 1. Mike Heberlinc ia hereby appointed u a youth liaiaon to the Cultural Arte Commission. Mike Heberlinr'a term will be effectiw, immediately and will expire June 30, 1999. ADOPTED AND APPROVED this 6th day of July, 1998. Thoma J. Buru, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriabia A. Ellia, City Clerk for the City afEapewood, Colorado, hereby certify the above ia a true copy of Reaolution No._ Seriee al 1998. Loucriabia A. Ellia . ' •. • • 0 • • • . . -~-----~- RESOLUTION NO . f/Y SERIES OF 1998 ,.. A RESOLUTION APPOINTING NORMA HOLMBERG TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS . there is a vacancy in the Eqlewood Election Commiaaion; and WHEREAS, Norma Holmberg bu applied to eerve u a member of the Enclewood Election Commission; and WHEREAS, the Enclewood City Council cleairea to appoint Norma Holmberg to the Englewood Election Commisaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: Sertioo l. Norma Holmberg is hereby appointed to the Englewood Election Commiaaion. Norma Holm.berg's term will be effective immediately with term expiring February l, 2000. ADOPTED AND APPROVED thia 6th clay of July, 1998. Tbomu J . Burm, Mayor ATTEST : Loucriahia A. El.lia , City Clerk I , Loucriahia A. Ellia. City Clerk for the City of Eup.wood. Colando. hereby certify the above ia a true copy of Reaolution No._. SeriN of 1998. .. • • 0 - - RESOLUTION NO.fl~ SERIES OF 1998 (, • • • A RESOLUTION APPOINTING ROSEMARY LAPORTA TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS. there is a vacancy in the Englewood Downtown Development Authority; and WHEREAS, Rosemary LaPorta has applied to eerve as a member of the Englewood Downtown Development Authority; and WHEREAS, the Englewood City Council desirea to appoint Roeemary LaPorta to the Englewood Downtown Development Authority; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: Ses;t,igp 1. Roeemary LaPorta is hereby appointed to the Englewood Downtown Development Authority. Roeemary LaPorta'1 term will be effective immediately and will expire June 30, 2002 . ADOPTED AND APPROVED this 6th day of July, 1998. Thomu J. Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriabia A. Ellia, City Clerk for the City ofEncJewoocl. Colorado, hereby certify the above ia a true copy of Reaolution No ._. Seriee of 1998. Loucriahia A. Ellia " -. Sq ' . ... • . • • 0 - - • • • • • .. RESOLUTION NO . _ SERIES OF 1998 A RESOLUTION RECOMMENDING THE APPOI NT OF SHAWN LEONARD TO THE HOUSING AUTHORITY FOR THE CITY OF E GLEWOOD, COLORADO. I WHEREAS, there is a vacancy in the EnglewooiHouaing Authority; and WHEREAS , Shawn Leonard baa applied 1'rve aa a member of the Englewood Housing Authority; and WHEREAS, the Mayor with the app appoint Shawn Leonard to the Eqlew Loucrishia A. Ellia, City Clerk of Englewood, Colorado recommends that the nglewood Housing Authority. Shawn Leonard's term xpire July l , 2003. Thomae J. Burna, Mayor I , Loucrishia A. Ellis, City Clerk for the City of Enpwood, Colorado, hereby certify the above is a true copy of Reeolution No.~ Series of 1998 . Loucriahia A. Ellie . . • . er .. • • 0 • -• ,. • • ~-----·~-~'-------~~------------ RESOLUTION N0."1 ~ SERIES OF 1998 ~q A RESOLUTION REAPPOINTING CORRINE LINDSEY TOrULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Corrine Lindsey is a current member of the Englewood Cultural Arts Com.miaaion ; and WHEREAS, Corrine Lindaey current term expires July 1, 1998; and WHEREAS , Corrine Lindaey baa applied for reappointment to the Enclewood Cultural Arts Commiaaion for another term; and WHEREAS, the Englewood City Council deairea to reappoint Corrine Lindaey to the Englewood Cultural Arts Commiuion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ection 1. Corrine Lindaey is hereby reappointed to the Cultural Arts Commiuion for the City of Englewood, Colorado. Corrine Lindaey's term will be effective immediately with term expiring July 1, 2001. ADOPTED AND APPROVED this 6th day of July, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis , City Clerk for the City of Enclewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellia 6s . ' .. • • 0 ]- - • I RESOLUTION NO.~ SERIES OF 1998 ·, • • • A RESOLUTION APPOINTING DALE MCCUU.OUGH TO THE MALLEY CENTER TRUST FUND BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy on the Malley Center Trust Fund Board ; and WHEREAS, Dale McCullough baa applied t.o aerve u a member of the Malley Center Trust Fund Board; and WHEREAS, the Englewood City Council deairee t.o appoint Dale McCullough to the Malley Center Trust Fund Board; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjon 1. Dale McCullough ia hereby appointed to the Malley Center Trust Fund Board. Dale McCullough's term will be efrec:tive immediately and will expire April 20, 2001. ADOPTED AND APPROVED this 6th day of July, 1998. Tbomu.J. Burm, Mayor ATTEST: Loucriahia A . Ellie, City Clerk l , Louc:riahia A. Ellie , City Clerk for the City of!npewood, Colando, bereby certify the above ia a true copy of RHolution No.~ Seriea ol 1998 . • ,,_ • . Bt .. • • 0 ]- - RESOLUTION NO.~ SERIES OF 1998 • • • ... y AU.fO'zf>~ A RESOLUTION APPOINTING ROBIN OTTOSON TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there is a vacancy in the Englewood Public Library Board ; and WHEREAS, Robin Otto.on has applied to aerve aa a member of the Englewood Public Library Board : and WHEREAS, the Mayor with the approval of the Englewood City Council desires to appoint Robin Otto.on to the Englewood Public Library Board ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $e<;t,igp 1. Robin Ottoeon ia hereby appoint.ed to the Englewood Public Library Board. Robin Otto.on'• term will be effective immediately and will expire February 1, 2000. ADOPTED AND APPROVED thia 6th day of July, 1998. Thomae J . Buma, Mayor ATTEST: Loucriabia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City alEqlewood, Colorado , hereby certify the above is a true copy of Reaolution No.~ Seriee of 1998. Loucriabia A. Ellia . ' 8u .. • • 0 ]- • RESOLUTION NO. m SERIES OF 1998 <. • • • A RESOLUTION REAPPOINTING GARY OXMAN T~OWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Gary Oxman is a current member of the Englewood Downtown Development Authority; and WHEREAS, Gary Oxman current term expires June 30, 1998; and WHEREAS , Gary Oxman has applied for reappointment to the Englewood Downtown Development Authority for another term ; and WHEREAS, the Englewood City Council desires to reappoint Gary Oxman to the the Englewood Downtown Development Authority fur another term ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: $ection 1. Gary Oxman is hereby reappointed to the the Downtown Development Authority for the City of Englewood, Colorado. Gary Oxman's term will be etrective immediately with term expiring June 30, 2002. ADOPTED AND APPROVED this 6th day of July, 1998. Thomu J . Buma, Mayor ATTEST: Loucrishia A. Ellia, City Clerk I . Loucriahia A. Ellia, City Clerk fur the City of EncJewood, Colorado , hereby certify the above is a true copy of Resolution No.~ Sena of 1998 . Loucriahia A. Ellia •. ,, -. , 8v • • 0 • • - RESOLUTION NO . ri. SERIES OF 1998 (' • • • A RESOLUTION REAPPOINTING MARTHA WARNER rot'UL TURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, Martha Warner is a current member of the Englewood Cultural Arta Commission; and WHEREAS, Martha Warner current t.erm expires July 1, 1998; and WHEREAS, Martha Warner has applied for reappointment t.o the Englewood Cultural Arts Commission for another t.erm ; and WHEREAS, the Englewood City Council desires t.o reappoint Martha Warner t.o the Englewood Cultural Arta Commission for another t.erm ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $ectipn 1. Martha Warner is hereby reappointed t.o the Cultural Arta Colllllliuion for the City of Englewood, Colorado. Martha Warner's t.erm will be effective immediat.ely with t.erm expiring July 1, 2001. ADOPTED AND APPROVED this 6th day of July, 1998 . Tbomu J. Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia , City Clerk for the City ofEnclewood, Colorado , hereby oertify the above is a true copy of Resolution No .~ Seriee of 1998. Loucriahia A. Ellia . ' •. ew .. • • 0 ]- • • • \. RESOLUTION NO . o/ SERIES OF 1998 .,. I) /~i:,r- --t,O A RESOLUTION APPOINTING DENA ZOCHER TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , there is a vacancy in the Englewood Clean, Green and Proud Commission; and WHEREAS, Dena Zocher has applied to aerve as a member of the Englewood Clean, Green and Proud Commission; and WHEREAS , the Englewood City Council desires to appoint Dena Zocher to the Englewood Clean, Green and Proud Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Dena Zocher is hereby appointed to the Englewood Cl~an, Green and Proud Commission. Dena Zocher'e term will be effective immediately and will expire December 10, 2000. ADOPTED AND APPROVED this 6th day of July, 1998. Thomae J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk l , Loucriahia A. Ellia , City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Reaolution No.~ Seriee of 1998. Loucriahia A. Ellia . , ax .. • • 0 - • • ,, -• • •, • COUNCIL COMMUNICATION Date Agenda Item Subject Telecommunications Ordinance -Amendment of Comprehensive Zoning July 6, 1998 9a Ordinance Initiated By Neighborhood and Business Development I Staff Source Brad Denning, Planning Analyst RECOMMENDED ACTION Staff recommends that City Council approve amendments to the Comprehensive Zoning Ordinance to add telecommunication guidelines and standards in the City of Englewood. These revisions address the rapid growth of the telecommunications industry, specifically, the requests for locating wireless telecommunication towers and facilities in the city. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As of February 3, 1997, Council Bill No. 9 was enacted to establish a temporary suspension on the issuance of permits for the construction and installation of wireless telecommunication towers in the City of Englewood for a period of eight months. The moratorium was intended to provide time for City staff to collect information and revise zoning regulations that protect the interests of the community and those of the telecommunication industry. The moratorium ended on November 20", 1997. Implementation of new regulations has been delayed due to ongoing collaboration and coordination with legal staff, city departments, and the telecommunications industry task-force representatives. The City's current zoning regulations inadequately address land use impacts associated with wireless telecommunication facilities because such regulations were developed prior to the advent of wireless communications. Neighborhood and Business Development has reviewed extensive reports from various communities in an effort to keep abreast of the activities surrounding this issue. The foremost issues of this ordinance are: Location -Location of Towers and/or telecommunications facilities. lnventQO'. -Creating Inventories of existing structures suitable for use as antenna support platforms (e.g . communications towers, water tanks, inactive chimneys, buildings, existing or planned public facilities and/or lands, police and fire stations, etc.) Criteria -Criteria for tower siting and design . Co-location -The location of more than one cellular service provider locating transmitters on a single tower or structure. Incentives -Provide incentives such as tax abatements for "stealthff or camouflaged towers, an expeditious review and approval process for towers proposed within preferred land use areas, using existing buildings or public facilities , or co-location usage. ' •. I .. • • 0 ]- ]-- • • • • (• . • ' CITY OF E:'.'IGLEWOOD PLAJ.~G Ai.~ ZONING COi\OllSSION IN THE }IATl'ER OF CASE #OR-98-03 ) FINDINGS OF FACT, CONCLUSIONS ) AND KECOMME."IDATIONS RELATING ) TO A PROPOSED A.'\IIENDMENT TO THE ) COl.\,IPREBL"i'SIVE ZONING ORDINA.~CE ) BY ADOPTING STANDARDS FOR THE ) DEVELOP'.\IIDIT OF TELECOMMl."'NICA-) TIONS A."TI..""'NAE A."1> TOWERS A.'"D ) INSTALLATION OF RELATED FACILITIES ) INITIATED BY: The Department of ~eighborbood And Business Development ) ) ) ) ) FINDINGS OF FACT AND CONCLL"SIONS OF THE CITY Pl.A. '"'l'llNG . .\.. '"D ZONING COi\-OllSSION Commission :\![embers Present : Welker , Dummer. Horner. Lathnm. Rininger. Tobin. Douglas Commission ~embers Abscm: Weber II - This maner was considered at Public Hearing before the City Planning and Zoning Commis- sion on :\!la y 5, 1998 . in the City Council Chambers of the Englewooc City Hall . Testimony was ~eived from staff. special legal counsel. and members of cte reiecommunic- tions industry . The Commission received notice of Public Hearing , cte Staff Report, and Draft V of the proposed amendmems, which were incorporated into and mace a par: of the record of me Public Hearing . After considering the swements of the wimesses. and reviewing the pe:tine::t documents. the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . l. FL'])cyGs OF FACT nu. T the Public He:iring was initiated by the Neighborhood & Busir.ess Development to address the needs of the community and of the relecommunicatior~ industry by es- tab li shing sundards on development and installation of relecommunicat:on facilities . . ' I .. • • 0 I • • - 2. THAT notice of the Public He:uing was given by publication in the Englewood He"..i:i on April 17 , 1998 . 3 . THAT Planning Analyst Denning testified that e:wnng ordinances enac:ed :::::::i. Englewood are inadequate to address location and installation of telecommuniC3Iicc towers, antennae and related facilities. Mr. De:ming also testified that City Cow:c::1 did , in 1997. enact an eight month moratorium on installation of further teleco~ cation rowers, amennae and related facilities; staff began resc:irch and work on draft:i:::g the proposed reg,.1Iations , and members of the telecommunications industry asked for :c oppornmicy to participate in drafting the reg,.llations. and a special counsel was Jl.?- pointed by the City Attorney's Office to write the ~tions. 4 . THAT Special Counsel Ken Fellman testified to his collaborative work with City s.:i:= and members of the telecommunic:itions indus;:.:, in development of the proposed re~- lations . Mr. Fellman testified that changes proposed in Draft V of the proposed re-?- lations incorporate many of the changes and modific:itions disc:.issed during the sn:c::, session with the Planning & Zoning Commission in F-:::,ruary, 1998 . 5. THAT te!ecommunic:uions industry represe::mnives Ann Closse:-. of Air Touc:1 C::2.:=- lar. and Troy Miller. of Western Wireless. testified to wording anc sections of the ;;r.:- posed regulations that are of concern to the:n. 6 . THAT members of the Planning Commission consic!e:-ed and discussed e:ich of o: poims of conce::i raised by Ms. Closse:-and ~[r. ~[iile:-prior to re:iching a de::ision =-'= the proposed reg,.1lations . CONCLCSio~s l . THAT the proposed amendment of the Compre:1e:1Sive Zoning Ordinance has ~:i :=- tiared by the ~e:ghborhood & Business Developme:ir Depanme::u. 2 . THAT notice of the Public Hearing was pubiished in the Englewood H.ewg on Afc'j 17, 1998 . 3 . THAT the propos ed amendment to the ComFrehe:15ive Zoning Ordinance will estab~ stand:irds and reg,.1lations for telccommunic:itions towe:-s. antennae and related faciiic~ insulled within the corporate limits of the Cir:: of E:ig iewood . ,, - . , • . • .. •· • 0 I ]- • ,.. • • '· DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed standards for development of telecommunications amennae and towers and installation of related facilities, as set forth in Draft V , dated May 5, 1998, should be enacted by the Englewood City Council . The decision was re:iched upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on May S, 1998, by Mr. Homer, seconded by Ms . Tobin. which mo- tion statcS : The Planning Commission approve Draft V, as (ll'Mruwi, of the Teiecommunications Stan- dards, and recommend approval of Draft V, as amended, l1y the Englewood Ciry Council. AYES : NAYS : ABSTAIN : ABSENT : Lathram. Rininger, Tobin, Welker, Dummer . Horner, Douglas None None Weber The motion carried . These Findings and Conclusions are effective as of the meeting on May S, 1998 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION . ' .. • • 0 ]- • • • STAFF REPORT TO: Planning & Zoning Commission THRU: FROM: DATE: Robert Simpson. Director ofNeighborhood & Business Developme:it Brad Denning, Planning Analyst May 5, 1998 SUBJECT: Telecommunications Ordinance Case# OR-98-03 Comprehe:isive Zoning Ordinance .\me:idmem REQUEST: Staff requests that Planning and Zoning Commission review. receive public tesrimox::: :!::d provide comme:it on amendme:its to the Englewood Comprehe:isive Zoning Ordinance ~e;~_:.::g telecommunic:uion guidelines :ind standards in the City of E:iglewood. Tnese re•:isions ~~-:ss the rapid gro1,vth of the tele:::ommunic:nions industry . spe::::fic:llly the requests for loc:::c:.:::. 0f wireless tele:::ommunic:itions towe:-s :ind facilities in the City. RECQMME~-:\IJON: Staff n::::ommends that Planning and Zoning Commission approve the ordinance which establishes standards and guidelines for the developme:it of wireless communication fac:iit:s :.::. the City of Eng lewood. BACKGROl~· As of Fe!:Jru.:iry 3. ! 99i. Council Bill ~o. 9 was e::ac::ed to estabiish a te:npo~: susFe:-..s:c::. vn the issuance of pe:,nits for the cons.ruction and installation of wireless telecomm~.:::.::.;,n towe:-s in :he C ity of Englewood for a period of :ight months . T:ie mor:noriwn was inte::..:;:.: :o pro .,.ide time for C ity staff to colle:::: information and revise zoning reiUlations th:it prot~: :.:.e inte::ests of the community and those of the tele:::ommunicarion industry . The mor:noriurn e::.~ed on '.'Jove:nbe:-20'", !99i. Imple:ne:iution of new regulations has bee:i delayed due to ox:pi=g collaboration with legal staff and te!e:::ommunic:irions industr:' re;:rese:itatives . Tne C ity Anomey appointed :\-Ir. Kc:1 Fellman as Spec ial Counsel to draft the proposed ordinance by working with v:irious city deparone:us and the industry task force. ~Ir. Fc!lr::::.::. will address the Commission reg:irding the conte:u of the proi:;osed ordinance. ORDl~A~CE PROPOSAL: The City·s current zoning regul:itio ns inadequ:ite:y address lar.d use impacts associate:: ·.,-:th wireless te lecomrnunic:ition fac ilities bec:iuse sue!, regulatio ns we::e deve!opcd prior :.: :J:.e adve:it of wireless communic:itions . Neighborhood and Business De ve lo pmc:it has re·. :e·.ve:i extensive re;,orts from v:irious communities. both loc:illy anc nationally. in an effort tc ..:~ep abreast uf the acri..-ities surrounding this issue . . . .. •· • 0 , ]- • • • • <. The foremost issues of this ordinance are: 1. Location -LOC3tion of Towers and/or telecommunications facilities. 2. Inventor:: -Creating Invemories of existing suucmres suitable for use as antenna suppon platforms (e.g . communications towers. water tanks, inactive chimneys, buildings, existing or planned public facilities and/or lands. police and fire stations , ete.) 3. ~ -Criteria for tower siting and design. 4 . Co-logtjon -The location of more than one cellular se:vic:e provider locating transminers on a single tower or strUCture. 5. Incentives -Provide incentives such as tax abatements for "ste:tlth" or camouflaged towers , an expeditious review and approval process for towers proposed within prefeffed land use are:is, using existing buildings or public: facilities, or co-location usage . ATTAC'HME'ITS -TELECOMMt:NtCATIONS DRAFT . ' • . .. • • 0 2 - ORDINANCE NO. SERIES OF 1998 • • BY AUTHORITY A BILL FOR I• COUNCIL BILL NO . 29 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN' ORDINANCE AMENDING TITLE 16 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 WITH THE ADDITION OF A NEW TITLE 16. CHAPTER 5, SECTION 29 , ENTITLED TELECOMMUNICATIONS ANTENNAE A.'ID TOWERS WHICH ESTABLISHES STANDARDS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS Ai\i'D THE INSTALLATION OF RELATED FACILITIES AND MOVING TITLE 16, CHAPTER 4, SECTION 21 TO TITLE 16, CHAPTER 5, SECTION 30, ENTITLED SATELLITE DISH ANTENNAE 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 , 199'i 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 of up dating the City's zorung 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 rel.ocation and renumbering of the existing Satellite Dish Antennae Ordinance for clanfication; 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 co nstructed , placed and maintained in a manner consistent WJ.th all applicable codes ; and WHEREAS, the Planning and Zoning Commiaaion reviewed the proposed Tele co m!Ilunications Antennae and Towers Ordinance and recommends the paaaage of tlus Ordinance ; and WHEREAS , the Englewood Planning and Zoning Comm1&1ion held a Public Hearing on the proposed Telecommunications ordinance on May 5 , 1998; NOW , THEREFORE . BE IT ORDAINED BY THE CITY cot:~CIL OF THE CITY OF ENGLEWOOD . COLORADO . AS FOLLOWS : • . •· • , • • • Section 1. The City Council of the City of Englewood. Colorado hereby approves amending Title 16, of the Englewood Municipal Code 1985, with the addition of Title 16, Chapter 5 , Section 29, entitled Telecommunications Antennae And Towers Ordinance. establishing standarda 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 BUSINESSES WHILE PROTECTING THE PUBLIC HEALTH , SAFETY, AND GENERAL WELFARE OF THE COMMUNITY , THE CITY COt;NCIL FINDS THAT THESE REGUU.TIONS ARE NECESSARY TO: 1. ESTABLISH A LOCAL POLICY CONCER.:,,lNG TELECOMMUNICATIONS PROVIDERS A ... ",1) SERVICES; 2 . PROMOTE COMPETITION IN THE PRO\-lSION OF TELECOMMUNICATIONS SERVICES ; 3 . MINIMIZE UNNECESSARY LOCAL REGL"L.\TION OF TELECOMMUNICATIONS PROVIDERS . .\..,1) SERVICES ; 4 . ESTABLISH GUIDELINES, STANDARDS A .. ,1) TIME FRAMES FOR THE EXERCISE OF LOCAL AUTHORITY \\elTH RESPECT TO THE REGULATION OF TELECOMMUNICATIO::-;s PROVIDERS AND SERVICES; 5 . FACILIT . .\TE THE PROVISION OF WIRELESS TELECO'.\DIUNICATIONS SERVICES TO THE RESIDENTS AND BUSINESSES OF THE CITY ; 6 . MINIMIZE ADVERSE VISUAL EFFECTS OF TOWERS THROUGH CAREFL"l. DESIGN AND SITING STA!lm . .\RDS ; 7 . AVOID POTENTIAL PERSONAL INJURY . .\..,m DAMAGE TO ADJACE:-."T PROPERTIES FROM TOWER F..\ILL'RE THROUGH STRUCTL "RAL STANDARDS AND SETBACK REQUIREMENTS ; 8 . ENCOURAGE AND MAXIMIZE THE USE OF EXISTING AND APPROVED TOWERS , BUILDINGS AND OTHER STRUCTURES TO ACCO~IODATE NEW WIRELESS TELECO~L\ll."NICATIONS ANTENNAE IN ORDER TO REDUCE THE :\"l."".\ffiER OF TOWERS NEEDED TO SERVE THE COMMUNITY ; 9 . ASSURE THAT ALI. TELECOMMUNICATIO::-;S CARRIERS PROVIDING FACILITIES OR SERVICES \\lTHIN THE CITY COMPLY WITH THE CITY'S MUNICIPAL CODE . 10 . SECURE FAIR AND REASONABLE COMPE:-..SATION TO THE CITY AND ITS RESIDENTS FOR THE USE OF ASY APPROPRIATE ,- - ,--1, ' ' •· • 0 -• • <. 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 AXD STATE REGULATORY POLICIES , INDUSTRY COMPETITIOX. AND TECHNOLOGICAL DEVELOPMENT. B . DEFINITIONS: THE FOLLOWING WORDS AND TER.\IS WHEX t:SED IN THIS SECTION SHALL HAVE THE FOLLOWING MEAN1:-iGS u'NLESS THE CONTEXT CLEARLY STATES OTHERWJ,SE: ALTERNATIVE TOWER STRUCTURE: ANCILLARY TELECOMMUNICATIONS FACILITIES : ANTENNA : CITY: CO LOCATION : FAA: FCC: MEAN"S CLOCK TOWER, BELL STEEPLES, BUILDINGS, LIGHT POLES, WATER TOWERS AND SIMIL.\R AL TERXA TIVE DESIGN MOUNTING STRUCTt:RES THAT HAVE THE CAPACIIT TO CA..\lOlrUGE OR CONCEAL THE PRESENCE OF ANTE:-iNAE OR TO\\"ERS. MEANS ALL TELECO~I:\it:::\1CA TIO:-iS FACILITIES AS DEFIXED HEREIX EXCEPT FOR TOWERS, A .. ',;"TE::\;\.ti:. OR ALTER~ATIVE TOWERSTRt:cn-ru:s. MEANS ANY TR&'liS:\llTTIXG AXD ,OR RECEMNG DEVICE t:SED 1:-i COMMUNICATIONS THAT RADL\TES OR CAPTURES ELECTROMAG::\"ETIC WAVES, DIGITAL SIG:SALS. A ....... .U.OG SIGNALS, RADIO FREQUEXCIES. WIRELESS TELECO~l)[l_~1CATIOXS SIGNALS. OR OTHER COIDIUNICA TIO NS SIG:-iALS . MEA..'liS THE CITY OF ENGLEWOOD. COLORADO . MEA.'IIS THE PLACDlENT OF AXl"E~AE OR OTHER TELECmOIL"NICATIOXS FACILITIES BY TWO OR MORE TELECOMMUNICATIONS PR0\1DERS IN THE SAME LOCATIOX OR OX THE SAME TOWER OR ALTERXATl\"E TOWER STRt.:CTURE. MEA..'iS THE FEDERAL A VIA TIO-'" ADMINISTRATION . MEANS THE FEDERAL COMMUNICATIONS COIDIISSIOX. • I .. • • 0 , ,, I • ,, - . ' -• • I• . • ' .. HEIGHT : MEANS, WHEN REFERRIXG TO A TOWER OR OTHER STRl"CTl."lU:, THE DISTANCE MEASURED FRO'.\l THE AVERAGE GROUND LEVEL TO THE HIGHEST POINT ON THE TOWER OR OTHER STRUCTURE , EVEX IF SAID HIGHEST POINT IS A .. '-AXTE~""NA . MANAGER: MEANS THE ENGLEWOOD CITY MANAGER OR HIS DESIG~"EE . .. MICRO-CELL: MEANS A LOW POWER TELECOMMUNICATIOXS F . .\CILITY USED TO PROVIDE INCREASED C..\P • .\CITY IN HIGH TELECOMMl.'"'.\1CATIO:-.. DEMAND AREAS . OFTEN TO I:\IPRO\"E COVERAGE IN AREAS OF WEAK CO\"ERAGE . MICRO- CELLS COMMUNICATE \\1TH THE PRIMARY FACILITY IX A CO\"ERAGE AREA VIA FIBER OPTIC CABLE . MICROWAVE OR L.\..'\"D U~"E. MICROWAVE ANTENNA: MEANS A DISH-LIKE . .\..'\"TE~~A USED TO LINK COMMU~1CATIOX SITES TOGETHER BY WIRELESS TRANSMISSION OF VOICE OR DATA. MONOPOLE : MEANS A STRUCTl. "RE CO'.\IPOSED OF A SINGLE SPIRE USED TO Sl "PPORT TELECOMMUNICATIOXS EQl"lP~NT. PRE-EXISTING TOWERS SHALL HAVE THE ME...\..'\lXG SET AND A.vrENNAE : FORTH IN SUBSECTIOX Ct3) OF THIS SECTION. ROOF AND/OR BUILDING MEANS TELECOM..\ll '"'.\1CA TIO XS MOUNTED FACILITIES SUPPORTED E~"TIRELY BY TELECOMMUNICATIONS A BUILDING OTHER TH...\..'-. .\ B'L1LD1NG FACILITIES : ACCESSORY TO A TELECOMMUNICATIQ:,.;s F..\CILITY . SECTORIZED PANEL MEANSANARRAYOF • .\..'-"TE~~AE ANTENNAE : GENERALLY RECT . .\..'-Gl 1....-\R 1::-.. SHAPE THAT ARE USED TO TR..\..'-S'.\DT AJ.'ID RECEIVE TELECO::\l'.\[l'"'.\1CATIO:'.llS SIGNALS . • • • TELECOMMUNICATIONS MEANS A FACILITY TH...\T TR..\..-.;SMITS FACILITY: ANDIOR RECEIVES ELECTRO'.\L.\GNETIC SIGNALS . IT INCLl"DES • .\..'-"TE~""NAE , MICROWAVE DISHES , HOR..-.;s , A.'ID 0 OTHER TYPES OF EQUP'.\IE~i' FOR THE . ' - t .... , , ~""" I ]- - TELECOMMUNICATIONS PROVIDER: TELECOMMUNICATIONS SERVICE : TOWER: WHIP ANTENNA: • • TRANSMISSION OR RECEI?':" : F SUCH SIGNALS , TELECOMMUNI C ~_:-:ONS TOWERS OR SIMILAR STRl. :-:-_"RES SUPPORTING SAID EQUIP~~:T. EQUIPMENT BUILDINGS . F .~.:~NG AREA. .A!"IID OTHER ACCESS ,:=-: DEVELOPMENT. MEANS A."IID INCLUDES E'-~: PERSON OR ENTITY WHO::.: YIDES TELECOIDIUNICATIONS s::::_-:-::CE UTILIZING TELECOMMm.-: :..~_ :-JONS FACILITIES . MEANS THE PROVIDING 0:. ... OFFERING FOR RENT , SA12 : ?, LEASE , OR IN EXCHANGE FOR OT.~ --. YALUE RECEIVED , OF THE TR.Ai'iS~·=:-1' • .\L OF VOICE , DATA, IMAGE , GR..1...?::::::: AND VIDEO PROGRAMMING I~:: ? ... MATION BETWEE:-.1 OR A.\IONG POI~:-:-:= 3Y WIRE , CABLE , FIBER OPTICS I.AE::::... MICROWAVE , R.a\010 , SATE--:-:-E OR SIMILAR FACILITIES, WIT".=: : =- WITHOUT THE BENEFIT O? .-'-.:SY CLOSED TRANSMISSION ~I:=::: ::-... "M. MEANS A.'<'Y STRUCTURE r= -!..::' IS DESIGNED A.'ffi CONSTRl·,~ PRIMARILY FOR THE PUR:·: ~ OF SUPPORTI:,.iG ONE OR MOF2 _.,_,-n:NNA, INCLUDI~G SELF SUPPOP.~::; LA'M'ICE TOWERS, GUY T C ., • :tS , OR MONOPOLE TOWERS. Tic: ~ INCLUDES RADIO AND TE~-...5ION TRANSMISSION TOWERS . ~!: ::?..OWA VE TOWERS , COMMON CARRE:. :'OWERS, CELLUUR AJ.'ffi PERSONA:. COMMUNICATIONS SER\11~ TELEPHONE TOWERS, MA.'-).!_A.DE TREES, AND OTHER SIMIL~.:. STRUCTu"RES . MEANS A.~ ANTENNA TIU: :.E CYLINDRICAL IN SHAPE . ',, =-....:' ANTENNAE CA!~ BE DIRE~: ~AL OR OMNIDIRECTIONAL AND \·.~.:.: IN SIZE DEPENDI:,.iG U PON THE FP2 .;. • ... "ENCY AND GAI:S FOR WHICH T~ .~..RE DESIGNED . . , • • 0 - • • • • 0 l• • C. APPLICABILITY: 1. GENERAL APPLICABILITY. EXCEPT AS SPECIFICALLY PROVIDED BELOW, THESE PROVISIONS SHALL APPLY THROUGF.Ol"T THE CITY LIMITS OF THE CITY OF ENGLEWOOD. AND NO TO\YER, ANTENNA OR TELECOM~rt;NICATIONS FACILITY SH.~ BE PERMITTED EXCEPT IN COMPLIANCE WITH THESE P~0\1SI0NS . IN CASE OF ANY CONFLICT BETWEEN THE REQUIRE:'.U::'.'.."'TS OF THIS SECTION AND ANY ZONING DISTRICT REGUL.\T:ONS, THE PROVISIONS OF THIS SECTION SHALL CONTROL. 2. AMATEUR RADIO AND RECEIVE-ONLY ANTENNAE. TI-:::I5 SECTION SHALL NOT GOVERN ANY TOWER, OR THE INSTALLATION OF ANY A.'ffENNA, OWNED AND OPE?_.\TED BY A FEDERALLY LICENSED A.vUTEUR RADIO STATION OP:::R..\TOR IN ACCORDANCE WITH FCC RULES. OR IS USED EXCLC5:'-""ELY FOR RECEIVE-ONLY ANTENNAE , SO LONG AS ALL OTHER REQUIREMENTS OF THE Z01';1NG DISTRICTS ARE :\-IE:-. 3 . PRE-EXISTING TOWERS .• .\..\i""TENNAE AND TELECOMMUNICATIONS FACILITIES. ANY TOWER. .-1..STE~"NA OR TELECOMMUNICATIONS FACILITY FOR WHICH A PEP_"lllT HAS BEEN PROPERLY ISSUED PRIOR TO THE EFFECTiv""E :>A TE OF ·THIS SECTION SHALL NOT BE REQUIRED TO MEET T:--=- REQUIREMENTS OF THIS SECTION, OTHER THAN TH::: REQUIREMENTS OF SUBSECTIONS G(3), (4), ( 5), ( 6), (7" . I 8) AND SUBSECTION L. ANY SUCH TOWERS, ANTENNAE OR TELECOMMUNICATIONS F . .\CILITIES SHALL BE REFE?~ttED TO IN THIS SECTION AS PRE-EXISTING TOWERS, PRE-EXIS~G ANTENNAE OR PREEXISTING TELECOMMUNICATI0~5 FACILITIES . D . APPLICATION: ALL APPLICA.\i""TS FOR A BUILDING PER:'.C:-SHALL APPL y WITH THE CITY ON FOR.vis TO BE PROVIDED BY r .. -=-CITY, WHICH SH..\LL INCLUDE THE FOLLOWING: 1. THE IDENTITY AND LEGAL STATUS OF THE APPLIC·-'"T. 2 . THE NAME , ADDRESS • .\..\i-0 TELEPHONE NUMBER OF ~-IT OFFICER. AGENT OR EMPLOYEE RESPONSIBLE FOR ~"""E ACCUR.'\CY OF THE APPLICATION. 3 . A NARRATIVE AND MAP DESCRIPTION OF THE APPU CA .. ,"'T'S EXISTING OR THEN CURRENT LAND USE APPLICATIC·~ FOR PROPOSED TELECOM'.\,lt:1'o1CATIONS FACILITIES wrr::-::I~ THE CITY , AND OUTSIDE OF THE CITY WITHIN ONE THOC5A .. ,-o (1 ,000) FEET OF ITS BOUNDARIES . IN ADDITION, TH:== APPLICANT SHALL INFORM THE CITY GENERALLY 0: THE AREAS OF THE CITY IN WHICH IT BELIEVES TELECOMMUNICATIONS FACILITIES MAY NEED TO B::: LOCATED WITHIN THE NEXT THREE YEARS . THIS PROVISIO~ 1E ~OT INTENDED TO BE A REQCIREMENT THAT THE APPUCA .. '\"'T -• ...... ,,. .. • . •· • ' I • " -- 0 t• • SUBMIT ITS BUSINESS PLAN, PROPRIET.\RY I~OIL\<IATION, OR MAKE COMMITMENTS TO THE LOCATIO:-. OF BCILITIES IN VARIOUS PARTS OF THE CITY. RATHER. IT IS AN ATTEMPT TO PROVIDE A MECHANISM FOR THE CITY • .\...',1) ..\LL APPLICANTS FOR TELECOMMUNICATIONS FACILITIES TO SH.\RE GENERAL INFORMATION, ASSIST IN THE CITY'S C0:.\lPREHENSIVE PLANNING PROCESS, AND PROMOTE COLOC..\TION BY lDENTIFYlNG AREAS IN WHICH TELEC0:.\l:\ll.:,a1CATIONS FACILITIES MIGHT BE APPROPRIATELY co:-.STRUCTED FOR MULTIPLE USERS . THE CITY SHALL MA.I:'.'."T • .U:>1 ..\ LIST OF TELECOMMUNICATIONS FACILITIES • .\...,1) l"PDATE THE SAME FROM INFORMATION FURNISHED BY ALL SERv1CE PROVIDERS. BY SUBMITTING AN APPLICATION, ALL APPLIC • .\...'\a"TS .. ACKNOWLEDGE THAT THE CITY MAY DIRECT FL"TURE APPLICA.i'ITS TO DISCUSS COLOCATIO'.\" WITH . .\...',j APPLICANT THAT HAS DISCLOSED TO THE CITY THE POSSIBILITY OF LOCATING TELECOMMUNICATIONS FACILITIES I~ A GIVEN AREA; PROVIDED HOWEVER THAT THE CITY IS ~OT, BY SHARING SUCH INFORMATION, IN ANY WAY REPRESE::--"TI~G OR WARRA.i'ITING THAT SUCH SITES ARE A \" • .UL.\BLE OR SUITABLE . 4 . INFORMATION SUFFICIENT TO DETER.\11:-..C: TH..\T THE APPLICANT HAS APPLIED FOR AND RECEI\ C:D • .\...'\i-Y OPERATING LICENSE OR OTHER APPROVALS REQl 1RED BY THE FCC TO PROVIDE TELECOMMUNICATIONS SER\1CES OR FACILITIES WITHIN THE CITY. 5 . A SITE PLAN THAT SHOWS THE RELATI\"E SH..\PE . SIZE AND LOCATION OF THE PROPOSED TELECO:\C\ll.:-.1CATIONS FACILITIES, WHICH SHALL INCLUDE : a. A DESIGN DESCRIPTION, INCLt;DI:-.G HEIGHT ABOVE GRADE , MATERIALS AND COLOR. b. A LANDSCAPING AND/OR VISUAL :\IITIG..\TION PLAN (TO SCALE) ACCEPTABLE TO THE M..\...-.:AGER . DETAILING HOW SCREENING FROM THE PUBLIC v1EW \\1LL BE ACCOMPLISHED, INCLUDING CROSS SECTIONAL VIEWS, AS APPROPRIATE . c. TO THE EXTENT REQUIRED BY L.\...,1)SC • .\PI~G STANDARDS IN E .M .C . 16-5-26, AN EROSION co:-.."TROL • .\...,1) REVEGETATION PLA..'l . 6 . A STRUCT U RAL REPORT BY A COLOR.WO LICE:-:SED PROFESSIONAL ENGINEER DEMONSTR..\TI:-.G THAT THE FACILITY WILL COMPLY WITH APPLICABLE STRt;CTlJRAL STANDARDS, THE GENERAL STRUCTt:R.Al. C . .\PACITY OF THE • PROPOSED FACILITY. AND THE NUMBER. TYPE • .\..'ID SIZE OF • • ANTENNAE THAT CAN BE ACCOMMODATED . 7 . AN ACKNOWLEDGMENT BINDING THE . .\PPLICA.'-"T. THE PROPERTY OWNER (IF OTHER THAN THE . .\PPUCANT) AND THE APPLICANT'S AND/OR OWNER'S SUCCESSORS I:\" INTEREST TO 0 • •• , -• 0 , • • PROPERLY MAINTAIN THE EXTERIOR APPEARANCE OF -~;u TO ULTIMATELY REMOVE THE TOWER, ANTENNAE A..\.il) TELECOMMUNICATIONS FACILITIES IN COMPLIAXCE wr.:s THE PROVISIONS OF THIS SECTION AND ANY CONDITIONS OF APPROVAL . 8 . AN ACKJ.'lOWLEDGMENT THAT THE CITY MAY ENTER O~--:'·) THE PROPERTY AND UNDERTAKE ANY '.\1AINTENANCE OR RD.£ )VAL ACTIVITIES SO LONG AS : a . THE MANAGER HAS PROVIDED THE APPLICA..Vr WR.-:-TE~ NOTICE REQUESTING THE WORK NEEDED TO COl\,l?""_ Y WITH THIS SECTION AND PROVIDING THE APPLIC.l.:•"T AT LEAST FORTY-FIVE (45) DAYS TO COMPLETE IT ; A..\.i-;: A FOLLOW UP NOTICE OF DEFAULT SPECIFYIXG FAr:...-_"RE TO COMPLY WITHIN THE TI:\'IE PERIOD PER'.\llTTED _-\..\.il) INDICATING THE CITY'S INTE~"T TO COMMEXCE TIE: REQUIRED WORK WITHIN TEN DAYS OF THE XOTIC~ A..\.i"D b . THE APPLICANT HAS NOT FILED AN APPEAL PURSl·:_\."T TO E .M.C . 16-2-6 WITHIN THIRTY (30) DAYS OF THE N O':":CE OF THE CITY'S INTENT TO COID1ENCE THE REQllRED -::.oRK. IF AN APPEAL IS FILED, THE CITY SHALL BE .\UTHC :?.I ZED TO ENTER THE PROPERTY A..\,l) PERFORM THE NECS-35 . .\RY WORK IF THE APPEAL IS DIS'.\llSSED OR FINAL ACT: ::,~ ON IT IS TAKEN IN FAVOR OF THE CITY. C. NOTWITHSTANDING ANYTHI=-,G CONTAINED IN THI: SECTION TO THE CONTRARY , THE CITY SHALL NOT 3E REQUIRED TO PROVIDE THE =-,oTICE DESCRIBED ~I=-, IF THERE IS A SIGNIFICANT RISK TO THE PL"BLIC F. • .l.LTH AND SAFETY REQUIRING Il\l)IEDIATE REMEDL\L MEASURES. 9 . AN AGREEMENT TO POST A PERFOR.\1ANCE BOND . LE'IT.!:?. OF CREDIT. OR OTHER FINANCIAL Gl"ARA..'ITY SATISBCTOET TO THE MANGER, AT THE TIME A PER.\llT IS ISSUED , I~ AN .~v!OL~"T TO BE SET BY THE CITY , REASONABLY RELATED TO THE :'OSTS THAT MAY BE INCURRED BY THE CITY SHOULD THE APP:..:C.\..\.i"T FAIL TO COMPLY WITH ANY OF ITS OBLIGATIONS PURSl".?_,-,, TO SUBSECTION L. (CONCERNING RE'.\lOV AL OF ABA..\,"l)()t-,"E= FACILITIES.) THE BOND SHALL RE~UIN IN EFFECT FOR ..!.. PERIOD OF TEN (10) YEARS FROM THE DATE OF PER."dIT ISS ANC E. 10 . A STATEMENT THAT THE APPLICA..\.i"T AGREES TO .\I.LOW ?OR THE POTENTIAL COLOCATION OF ADDITIONAL TELECOMMUNICATIONS EQUIPME~"T BY OTHER PROVTD ~.S ON THE APPLICANT'S TOWER OR WITHIN THE SAME SITE LOCATION , SUBJECT TO REASONABLE CONDmo~s. 11 . IF THE APPLICANT SEEKS A PER.\lIT FOR A TOWER. A.''TI: ~A OR TELECOMMUNICATIONS FACILITIES ON LEASED PRO FERTY , A WRITTEN STATEMENT OF THE LANDLORD INDICATI~C-':'HAT ,,. - •. .. • • 0 ]- • 0 l• • THE LANDLORD IS PERMITTED TO ENTER ll'l"TO LE..!...::::3 OF THE SAME PROPERTY WITH OTHER TELECOMM'C..,WCAT:0 ::-3 PROVIDERS. 12. A WRITTEN STATEMENT FROM A QUALIFIED RAD IO :?.2QL'ENCY ENGINEER, CERTIFYING THAT A TECHNICAL Ev . .u_:_-_:._ ::ON OF THE PROPOSED FACILITY INDICATES NO POTE~"TL-'...:.. INTERFERENCE PROBLEMS AS DESCRIBED IN SL1E:::OON G(6 ). ADDITIONALLY, THE APPLICATION SHALL CONT_~~-"'-" ACKNOWLEDGMENT THAT THE APPLICANT WILL ~C· _-= Y THE CITY AT LEAST TEN CALENDAR DAYS PRIOR TO TF. - INTRODUCTION OF NEW SERVICE , AND ALLOW TF. -C:1Y TO MONITOR INTERFERENCE LEVELS WITH PUBLIC S_-:...:-=::-Y TELECOMMUNICATIONS DURING THE TESTING PRC•C=:5S. 13. SUCH OTHER INFORMATION AS THE CITY MAY RL~O ~_.\BLY REQUIRE . E . AMENDMENT: EACH APPLICANT SHALL INFORM THE C::-:: WITHIN SIXTY (60) DAYS, OF ANY CHANGE OF THE INFOR~UTIO~ 5:C:T FORTH IN SUBSECTION D. F . FEES: IN ADDITION TO ANY BUILDING PERMIT FEES _.\...,-:::l CONDITIONAL USE PERMIT APPLICATION FEES. THE AP?:....::C\ .. 'IT SHALL PAY A TELECOMMUNICATIONS FACILITIES LICE~5::: :EE IN AN AMOUNT TO BE SET BY RESOLUTION OF THE CITY COL~ C::... TELECOMMUNICATIONS LICENSE FEES MAY BE MODIFE:) :ROM TIME TO TIME BY CITY COUNCIL RESOLUTION. THE CI7! COUNCIL RESOLUTION MAY FURTHER PROVIDE FOR AW AIVER 0: ?=:::::S IN THE CASE OF: 1. CONSTRUCTION OF NEW TOWERS WITH EXCESS C..?_-'_CITY, WHERE THE APPLICA.'IT COMMITS IN ADVA.'JCE TO _:._:...:..ow COLOCATION; 2. COLOCATION OF A.'ITENNAE ON EXISTING TOWE~ _-'SD/OR ALTERNATIVE TOWER STRUCTURES; 3 . LOCATION OF A!'ITENNAE ON EXISTING ALTERNA::-',-=: TOWER STRUCTURES ; 4 . OTHER CONDITIONS WHICH THE CITY BELIEVES~_...:.. ~llNlMIZE THE NEED FOR CONSTRUCTION OF NEW TOWERS . G . GENERAL GUIDELINES AND REQUIREMENTS: 1. PRINCIPAL OR ACCESSORY USE . ANTENNAE A..'JD o:-:-~R ANCILLARY TELECOMMUNICATIONS FACILITIES ~l-'_: 3E CONSIDERED EITHER PRINCIPAL OR ACCESSORY l-5:::5 . TOWERS, UNLESS SPECIFICALLY ACCESSORY TO r.-:::: ;_-sE OF A PROPERTY, SHALL BE CONSIDERED A PRINCIPAL l -5::: OF PROPERTY. A DIFFERENT EXISTING USE OR AN Ex:E:1~0 STRUCTURE ON THE SAME LOT SHALL NOT PRECL:.":)E THE INSTALLATION OF AN ANTENNA ON SUCH LOT. w~::::?..E • .\ NEW • • 0 . -' •-.. l -I • • ,~ • ' LOT OR LEASEHOLD PARCEL HAS BEE:'.ll CREATED ~OM A LARGER PARCEL, FOR PURPOSES OF DETER.\ill:'.'.l~G WHETHER THE INSTALLATION OF A TOWER OR A.\i"TE:'.llNA C O~-~LIES WITH DISTRICT DEVELOPMENT REGULATIONS . I:'.llCLt:D~G BUT NOT LIMITED TO SETBACK REQUIREMENTS, LOT CO\"E?_.>..GE REQUIREMENTS , AND OTHER SUCH REQl"1RE~IE::-.."":"5 . THE DIMENSIONS OF THE LARGER LOT FROM WHICH 1-=..i NEW LOT WAS CREATED SHALL CONTROL. TOWERS TH..\T _.>.._-=2 CONSTRUCTED , AND ANTENNAE THAT ARE I~SV •. FD IN ACCORDANCE WITH THE PROVISIONS OF THIS SE ~ON SHALL NOT BE DEEMED TO CONSTITUTE THE EXPANSIO~ OF A NON-CONFORMING USE OR STRUCTURE. 2 . AESTHETICS ; LIGHTING. THE GUIDELI;1,"ES SET F C ?. TH IN THIS SUBSECTION 2 SHALL GOVERN THE LOCA TIO~ O:" _:._LL TOWERS , AND THE INSTALLATION OF ALL ANTE~~AE. GO\-=:...~.~D BY THIS SECTION. WHERE OPTIONS FOR AESTHETIC :?.EATMENT ARE PROVIDED , THE CITY SHALL DIRECT \\liICE ,: ?TION IS TO BE UTILIZED . a . TOWERS SHALL EITHER MAINTAI~ A GAIXAS::ED STEEL FINISH . OR SUBJECT TO ANY APPLIC.\BLE f _:._:._ STA1'IDARDS . BE PAINTED A NEl'TR.U. COLO?. :0 AS TO REDUCE VISUAL OBTRUSIVENESS . b . AT A TOWER SITE , THE DESIGN OF THE Bt"JL::::::-.GS AND RELATED TELECOMMUNICATION FACILITIE: :HALL. TO THE EXTENT POSSIBLE . USE MATERL.\LS . co:..J RS, TEXTURES. SCREENING, AND ~\i"DSCAPI:SG ::-!AT WILL BLEND THE TELECOMMUNICATIO:SS FACIU ... -S TO THE NATURAL SETTING AND BUILT E:'.1,v1RO:\")IE~-:-. c. ALL APPLICANTS UNDER THIS SECTIO~ SH.A.:..:. COMPLY WITH THE LANDSCAPING ST_A?lj'DARDS FOt~-: I ~ E .M.C. TITLE 16 . d . IF AN ANTENNA IS INSTALLED ON A STRl-CT ... ?.E OTHER THAN A TOWER, THE ANTENNA A.'m Sl"PPO?.~G TELECOMMUNICATIONS FACILITIES .Mt:ST B::: •JF A NEUTRAL COLOR THAT IS IDENTIC.U. TO , O P. :LOSELY COMPATIBLE WITH , THE COLOR OF THE St?? ')RTING STR UCTURE SO AS TO MAKE THE A.'\'TE:\~A .:.~.-D RELATED FA CILITIES AS VISUALLY UNOBTRl"SIVE .-\5 ?·: 5SIBLE. e . TOWERS SHALL NOT BE ARTIFICL.\l...LY LIG E ~:>. UNLESS REQUIRED BY THE FAA OR OTHER APPLIC.-\3:2 AUTHORITY . IF LIGHTING IS REQL1RED . TI-~ :-ITY MAY REVIEW ANY AVAILABLE l.JGHTI:SG .U.TER.-...:.:..::VES AND APPROVE THE DESIGN THAT WOL,.O CAt:SE :--~.E LEAST DISTURBANCE TO THE SURROUNDI:SG 'v1EW~ LIGHTING MUST BE SHIELDED OR DlllECTED TO THE G?2 .. ATEST EXTENT POSSIBLE SO AS TO MINIMIZE THE . .1~.~0UNT OF LIGHT THAT FALLS ONTO PUBI.JC RIGHTS-0?-";\'AY OR NEARBY PROPERTIES. PARTICULARLY REsrn:::~CES. "'~ • . ... •· • 0 f -• 0 t~ - f . NO PORTION OF ANY ANTENNA ARRAY MAY EXTE::-..u BEYOND THE PROPERTY LINE . g. ANCILLARY TELECOMMUNICATIONS FACILITIES SH.-CL BE NO TALLER THAN THE MAXIMUM HEIGHT IN THE ZO~~G DISTRICT WHERE THE FACILITIES ARE LOCATED • .\..'\i:' SHALL BE COMPATIBLE WITH THE SURROU~'DI::-iG .-L-=2..\. h . ANCILLARY TELECOMMUNICATIONS FACILITIES IX .~..? .. E..AS OF HIGH VISIBILITY SHALL. WHERE POSSIBLE . BE Sr-:?.:D EITHER BELOW THE RIDGELINE , AMIDST GROL"PS 0: TREES, OR DESIGNED (I .E ., PLACED UNDERGROL~-0 . DEPRESSED, OR LOCATED BEHIND EARTH BER.\[S OP. OTHERWISE EFFECTIVELY SCREENED) TO MIXI:\llZE :-:iEIR PROFILE . i . AS PART OF THE CONDITIONAL USE APPLICATIOX PROCESS DESCRIBED IN SUBSECTION K, THE CITY :\L.:..·:· REQUIRE A SPECIAL DESIGN OF ANY TELECOMMUNICATIONS FACILITY WHERE FI~'DIXG.=' )F PARTICULAR SENSITIVITY ARE MADE . 3 . FEDERAL REQUIREMENTS . ALL TELECOMMUNICATIO:'.\ FACILITIES MUST MEET OR EXCEED THE CURRE~"T ST.-\..'\""i: .".RDS AND REGULATIONS OF THE FAA, THE FCC , A.'ID • .\..'\"Y OTI:~ AGENCY OF THE FEDERAL GOVERNMENT WITH THE ALT=: •)RITY TO REGULATE TELECOMMUNICATION FACILITIES . IF SL-L .:: STA.i'IDARDS AND REGULATIONS ARE CHANGED, THEX TE· OWNERS OF THE TELECOMMUNICATION FACILITIES GO\~SED BY THIS SECTION SHALL BRING SUCH TELECOIDIL~lCA7: )~ FACILITIES INTO COMPLIANCE WITH SUCH RE\tlSED STANDARDS AND REGULATIONS WITHIN THE TIME FR..\..\C:: MANDATED BY THE CONTROLLING FEDERAL AGE::S:CY . F_.:.....:J...L"RE TO BRING TELECOMMUNICATION FACILITIES I~"TO COMPLIANCE WITH SUCH REVISED STANDARDS . .\..'\-0 REG ULATIONS SHALL CONSTITUTE GROUNDS FOR THE REMOVAL OF THE TELECOMMUNICATION FACILITIES _.\ T ::-rr OWNER'S EXPENSE . 4 . BUILDING CODES ; SAFETY STANDARDS . TO ENSL"RE THE STRUCT URAL INTEGRITY OF TOWERS, THE OWNER OF _.\ :-·)\\C:R SHALL ENSURE THAT IT IS MAINTAINED IN COMPLL.\..'-CE -:.JTH STANDARDS CONTAINED IN APPLICABLE LOCAL BllLDI>:: CODES ; THE APPLICABLE STANDARDS FOR TOWERS TH..\:" .>.RE P UBLISHED BY T}{E ELECTRONIC INDUSTRIES ASSOCUT.::: ~-AS AMENDED FROM TIME TO TIME ; AND ALL APPLICABLE C C :>ES ADOPTED BY THE CITY . a . l'.Sf ADDITION TO ANY OTHER APPLICABLE ST • .\..'\"D • .\P.::5 • .\..'..-0 REQ UIREMENTS , THE FOLLOWING SHALL APPLY TC ."..LL TOWERS AND TELE COMM U NICATIONS FACILITIES . ,. ~ .. • .. •· • • . , . • 1. SUFFICIENT ANTI-CLIMBING MEASURES :\Il"ET BE INCORPORATED INTO EACH FACILITY TO RE::>l"CE POTENTIAL FOR TRESPASS AND INJL"RY. B: WAY OF EXAMPLE, AND NOT OF LIMITATION, SEClr'_-n· FENCING PURSUANT TO SUBSECTION K (6). :-OGETHER WITH A LACK OF PEGS ON THE BOTTm.l PO?.TION OF THE TOWER. SHALL BE CONSIDERED SlrFI 1..--:E:-."T ANTI-CLIMBING MEASURES . ii. NO GUY WIRES EMPLOYED MAY BE A.'liCHOP~D WITHIN THE AREA IN FRONT OF ANY PRnL-L-::::.Y STRUCTURE ON A PARCEL. iii. AT LEAST TEN FEET QF: HORIZONTAL CLE.~--\.'liCE MUST EXIST BETWEEN ANY ANTENNAE A.Xi: .-\.'--Y POWER LINES, UNLESS MORE CLEAR.-\XCE G REQUIRED TO MEET COLORADO Pt:BLIC lT"" ...JTIES COMMISSION STANDARDS . iv. ALL TELECOMMUNICATIONS FACILITIES '.\f'_.ET BE DESIG::-."ED A.\IDIOR SITED SO THAT THEY D( :-:OT POSE A POTENTIAL HAZARD TO NEARBY REE:DENCES OR SURROUNDING PROPERTIES OR l'.\IPRO\ -=::'.'.1ENTS . ANY TOWER SHALL BE DESIGNED A .. ,1) '.\L.\P-~.\INED TO WITHSTA..\i-0 , WITHOUT FAILURE , THE :\L"-_\l:MUM FORCES EXPECTED FROM WIND. TOR..'\.W0:':3 . HURRICA.'IIES. AND OTHER NATURAL OCClr'..?.ENCES, WHEN THE TOWER IS FULLY LOADED W1TE ANTENNAE, TR.ANSMI'M'ERS. AND OTHER TELECOMML"!lllCATIONS FACILITIES , • .\..,1) CAMOLrl..AGING ; OR, IN THE CASE OF PRE-:::::xISTING TOWERS, WHEN THE TOWER IS LOADED \\1 . :i THE ANTE:-."!IIAE . TRANSMI'M'ERS, ANDIOR OTHE?. TELECOMMUNICATIONS FACILITIES AT TF. • TIME OF PASSAGE OF THIS SECTION. INITIAL DEMONSTRATION OF COMPLIANCE \\1TH r.3S REQUIRE..\IENT SHALL BE PROVIDED VIA Sl ""3'.\USSION OF A REPORT TO THE MANAGER PREPARED 3Y A STRUCTURAL ENGINEER, LICENSED 1::-; THE 3TATE OF COLORADO, DESCRIBING THE TOWER STRt: :'TURE , SPECIFYING THE NUMBER AND TYPE OF .\..'--:1:~AE IT IS DESIGNED TO ACCOMMODATE . PRO\"'C I XG THE BASIS FOR THE CALCULATIONS 00!1."E .. .\..,"D DOCUMENTING THE ACTUAL CALCt:L\ no~:3 PERFOR..\IED . PROOF OF ONGOING CO'.\IPI..:..."-_'liCE SHALL BE PROVIDED PURSUANT TO • .\..,·y A??LICABLE CODES . b . IF , UPON INSPECTION, THE CITY CONCLL"'DES T:-:..-\T A TELECOMMl"!lllCATIONS FACILITY FAILS TO co~.~LY WITH SUCH CODES A.'10 STANDARDS AND CONSTin~E A DANGER TO PERSONS OR PROPERTY , THEX t:PO!': NOTICE BEING PR0\1DED TO THE OWNER OF A TELECOMMt:NICATIONS FACILITY. THE OW~"EP. :iL\LL - • • , ,, ]-- • 0 • HAVE THIRTY (30) DAYS TO BRING SUCH TELECOMMUNICATIONS FACILITY INTO CO'.\IPLL\ .. 'iCE WITH SUCH STANDARDS. IF THE OWNER FAILS TO BRING SUCH TELECOMMUNICATIONS FACILITY I:-.."TO COMPLIANCE WITHIN SAID THIRTY (30) DAYS . THE CITY MAY REMOVE SUCH TELECO!\Orl.·:-..1CATIONS F.-\CILITY AT THE OWNER'S EXPENSE . 5. RADIO FREQUENCY STANDARDS . ALL .-\PPLIC.-\..,"TS SH.-\LL COMPLY WITH FEDERAL STA!'IDARDS FOR RADIO FREQl:ENCY EMISSIONS . AT THE TIME OF PERYIIT .-\PPLICATIO:-.:. THE APPLICANT SHALL SUBMIT A PROJECT IYIPLnID,"TATION REPORT WHICH PROVIDES CUMUL.-\TIYE FIELD PREDICTIONS OF RADIO FREQUENCY EMISSIONS OF .-\LL A.'iTE:\X-\E TO BE INITL-\LLY INSTALLED AT THE SUBJECT SITE .. -\..'-"D WHICH COMPARES THE RESULTS WITH ESTABLISHED FEDER.-\L STAXDARDS . IN RESPONSE TO Al',iY \VRITTEN CO~IPL-\I:-.."'I' REGARDING RADIO FREQUENCY EYIISSIONS . THE OPER.-\TOR OF A TELECOMMUNICATIONS FACILITY SH.-\LL . \\1THI:-.: A REASONABLE PERIOD OF TIME AFTER RECEI\1:-.:G :-.:oncE OF THE WRITTEN COMPLAINT. St:BMIT A REPORT TO THE CITY INDIC.-\TING WHETHER ALL RADIO FREQt:E:-.:CY DII55IONS GE:'.\"ER.-\TED BY THAT ENTITY'S TELECO'.\rut::-..1c.-\TIO:-.:s FACILITIES ARE WITHIN FEDER.-\L ST.-\..,1).-\RDS . IF . 1:-.; RESPONSE TO SUCH WRITTEN CO'.\IPL-\I:'.\"T , IT IS DETER.v!INED TH.-\T THE EMISSIONS FROM THE FACILITY .-\RE \\l TH.I:-.: ALLOWABLE FEDERAL STANDARDS . THE ENTITY PR0\1DING THE REPORT SHALL NOT BE REQL"IRED TO :.\1.-\KE A 5nl!LAR RESPONSE TO FURTHER WRITTEN CO'.\IPLAI:'.\.i FOR A PERIOD OF AT LEAST ONE YEAR FROM 1'HE DATE OF THE PRIOR COMPLAINT. IF THE REPORT INDICATES THAT DII55,0NS EXCEED FEDERALSTA1""DARDS . THE Cin· :MAY REQll RE CORRE CTIVE ACTION WITHIN A RE.-\SO:-.:.-\BLE PERI OD OF TIME . AND IF :-JOT CORRECTED , MAY REQllRE REYIO\".-\L OF THE TELECOMMUNICATIONS FACILITIES Pl"ltSt:A.\i"'I' TO S UBSECTION L OF THIS SECTION .. -\.., .. Y REASO:-.:.-\BU: COSTS INCCRRED BY THE CITY , INCLUDING RE.-\SON.-\BU: co:-.:SULTING COSTS TO VERIFY COMPLIANCE WITH THESE REQL 1?.DIENTS, SHALL BE PAID BY THE APPLICA.'IT . 6 . SIG::-.;.-\L INTERFERENCE . ALL TOWERS .. -\..'ITE~-X.-\E .-\SD TELECOMMUNI CATIONS FACILITIES :-.n..·sT BE DES I G:S."ED AN D/OR SITED SO AS :-JOT TO CAL"SE I:S.iERFERE:-.:C E \\JTH THE NOR'.\L-\L OPERATION OF RADIO . TELE\ 1SION. TEU:?HO :\"E AND OTHER TELE C OMM U NI CATIOr-;s SER\1CES tJTILIZZ D 3 Y AD JAC ENT RESIDENTL.\L AND NOJ:,j-RESIDENTIAL P?.O PERTIES; NOR S HALL ANY S UCH FACILITIES l:\iERFERE \\1TE .-\..,·y P UBLI C SAFETY TELECOMM U NICATIO:-.:S . 7 . MODIFI CATIO N. EXISTING ANTEN:-.:.-\E o:,,.; AN .-\PP?.O'.""E D TELE COMMUNICATIONS FACILITY '.\L-\'i BE MODIH:::::> .• -\..\il) THE POWER OUTP UT OF EXISTING ANTE:\X.U: ON AS .l.???.OVED FAC ILITY MAY BE INCREASED, PRO\lDED THE ST.-\..,"D .-UIDS AND PROCED URES O UTLINED IN ANSI ST.-\..,1).-\RD A:-.."D C -9~. l OR ANY ,,. .. 0 •· f ]- • • 0 • AM:ENDMENTS OR REVISIONS THERETO, OST BULLETIX ::-.lO . 65 AND ELECTRONICS INDUSTRIES ASSOCIATIONS EL.\-RS 222(E) OR THE LATEST REVISION OR AMENDMENT THEREOF; OR Sl."CH CURRENT STANDARDS AS MAY BE APPROVED BY THE F .C.C . ARE COMPLIED WITH . a . THE MANAGER SHALL BE NOTIFIED WITHIN FOl"RTEE:'.'. (14) DAYS OF .-\NY CHANGE IN OR ADDITION OF . .\..,"TE~~AE WHOSE POWER OUTPUT EXCEEDS 100 WATTS E .R .P. OF RADIO FREQUENCY POWER OUTPUT. THE CITY ~L.\Y REQUEST COPIES OF PLANS DEPICTING SUCH MODIFICATION AND OTHER EVIDENCE ?l."ECESS . .\RY TO DEMONSTRATE THAT SUCH MODIFICATIONS ARE IX COMPLIANCE WITH THE PROVISIONS OF THIS SECTIOX. AND A PERMITTED USE APPROVAL. A SUBSEQl"E~"T FIELD REPORT . PREPARED BY A QCALIFIED RADIO FREQl"E~CY ENGINEER. QUANTIFYING A PROJECTS RADIO F?.EQl"E:'.\CY EMISSIONS AND EXPOSURES . .-\l"ID COMPARl~G THE~I TO ADOPTED FEDERAL STANDARDS . MAY BE REQl'"E5TED BY THE CITY UPON PROJECT l:'.\STALLATION . b. THE MANAGER MUST BE NOTIFIED AT LEAST r.:-~RTY (30) DAYS PRIOR TO ANY MODIFICATION WHICH I~C?t:' :\SES THE WIND OR WEIGHT LOADl:,!G CAPACITY, HEIGHT OR FOOTPRINT OF A TOWER, A~'D MAY REQu"EST COPIES OF PLANS WHICH DEPICT SUCH :MODIFICATIONS . .\..,"D INDICATE COMPLIANCE WITH THE PR0v1SI0~5 OF THIS SECTION, AND WITH THE PER.'1ITTED USE APP~O\".U.. DEPENDING UPON THE NATL"RE OF THE ~IODI::CATIO:'.\S , S1..iCH MODIFICATIONS MAY REQUIRE CONDITIO:'.\.U. CSE APPROVAL PURSUANT TO SL"BSECTION K OF TI-:::!5 SECTION. 8 . PROHIBITED USE . ADVERTISING OR COMMUNICATIO:-: OF • .\..,."Y VISUAL MESSAGES FROM A TOWER OR ANTE~A IS PROHIBITED, WITH THE EXCEPTION OF SAFETY REL.\ TED MESSAGES . H . BUILDING PERMITS . TOWERS . ANTE:-.~AE AND TELECOMMUNICATIONS FACILITIES ARE CONSIDERED S:-?.l"CTL"RES , REQUIRING ISSUANCE OF A BUILDING PER.WT DESCRIBE:) ~ E .~I.C . TITLE 8 . IN CONNECTION WITH THE ISSUANCE OF A PEP~,llT FOR A TOWER. ANTENNA OR TELECOM.\IUNIC.-\TIONS FACILITY. _!._,-o 1:-,; ORDER TO PROVIDE THE CITY WITH ACCURATE AND CCP.?.=:~"T INFORMATION CONCERNING ENTITIES THAT OWN OR OP::::?_.\TE TELECOMMUNICATIONS FACILITIES WITHIN THE CITY ; TO .\SSIST THE CITY IN ENFORCEl'vlENT OF THIS SECTION; TO ASSIS:-THE CITY IN THE COLLECTION AND ENFORCEME:-JT OF ANY LICE~ED FEES OR CHARGES THAT MAY BE DUE THE CITY ; AJ.'ID TO ASSIST r.:-::::: CITY I~ MONITORING COMPLIAJ.~CE WITH LOCAL, STATE A~ FE.l::::RAL LAWS , THE APPLICANT SHALL, PRIOR TO A PERMIT BEI~G ISSUED. SUBMIT THE APPLICATION INFORMATION DESCRIBED I~ SUBSECTION D TO THE CITY MANAGER. •. •· • 0 -. , lfriL , • .,, - - 0 I• • '. I. PERMITTED USES ·· GENERAL. THE USES LISTED IN Sl."BSECTION J ARE DEEMED TO BE PERMITTED USES AND SHALL NOT REQUIRE A CONDITIONAL USE PERMIT. NEVERTHELESS. ALL SUCH l"SES SHALL COMPLY WITH THIS SECTION AND ALL OTHER APPLICABLE ORDINANCES . SEE FIGURE l AND PERMITTED liSES IN SPECIFIC ZONE DISTRICTS FOR ADDITIONAL REGULATIONS . J . SPECIFIC PERMITTED USES. l. LOCATING A TOWER OR ANTENNA. INCLUDING THE PLACEMENT OF AN"CILLARY TELECOMMU~1CATIONS FACILITIES USED IN CONl\."ECTION WITH SAID TOWER OR A.1.'ITE~");A IS .. PERMITTED OK CITY OWNED PROPERTY IN ANY Z0!\1NG DISTRICT SO LONG AS ALL OTHER REQL'IREME:'.:';"TS OF THE ZONING DISTRICT . .\RE MET. 2. INSTALLING AX A.\i"TENNA ON AN EXISTING TOWER I:'.\CLUDING THE PLACEME::-."T OF ANCILLARY TELECOM~ll"~1CA TIO NS FACILITIES. SO LONG AS SAID ADDITIONAL A.'ITE~X.\ ADDS NO ADDITIONAL HEIGHT TO SAID EXISTING TO\\<"ER. DOES NOT PROJECT OUTW . .\RD A DISTANCE OF MORE TH..\.\i FOL"RTEEN (14) FEET. AND IS CONSISTENT WITH ANY APPLICABLE CO~l>ITIONS OF APPROVAL FOR THAT SITE , WHICH PRE\10l"SLY H..\VE BEEN IMPOSED BY THE CITY . 3. INSTALLING A.\; A.\i"TENNA ON AN EXISTING . .\LTER~ . .\TIVE TOWER STRCCTURE, INCLUDING THE PLACEME~"T OF ANCILLARY TELECOMMUNICATIONS FACILITIES . SO LONG AS SAID ADDITIOXAL ANTENNA ADDS NO MORE TRAX FIFTEEN {15) FEET OF ADDITIONAL HEIGHT TO SAID EXISTIXG STRCCTURE. DOES NOT PROJECT OUTWARD A DISTANCE OF '.\IORE THAN FOURTEEN (1-l) FEET. AND IS CONSISTE;\a"T WITH . .\XY APPLICABLE CONDITIONS OF APPROVAL FOR TH..\T SITE. WHICH PREVIOCSLY HAVE BEEN IMPOSED BY THE c1n·; PROVIDED . HOWE\i"ER. THAT IF THE INST • .\LI..ATIOX OF AN AI'..JTENNA OR • .\.'N OTHER ANCILLARY TELECOM'.\ll. ~1CATI0NS FACILITIES o:,.; TOP OF AJ.'l EXISTING STRL"CTl,"RE CAL"SES AN INCREASE IN THE MAXIMUM HEIGHT LIJ\,IITATIO:--\\1THIN THE ZONING DISTRICT IN WHICH THE STRUCTL"RE IS LOCATED . SUCH USE SH..\LL STILL BE CONSIDERED A SPECIFIC PERMITTED CSE SO LONG AS THE ANCILI....\RY FACILITIES ADD NO MORE TH..\."1 FIFTEEN (15) ADDITIONAL FEET TO THE HEIGHT OF THE STRUCTURE AND ARE ADEQUATELY SCREENED TO THE SATISF . .\CTION OF THE MANAGER. 4 . LOCATING A TOWER IN ALL ZONING DISTRICTS OTHER THAN RESIDENTIAL . .\.'lD BUSINESS, SO LONG AS • .\LL OTHER ., REQUIREME~"TS OF THE ZONING DISTRICT. FIGL"RE l. SECTION I K (5). (REGARDING SETBACKS AND SEPARATION,) ARE MET. • • 5 . LOCATING AN" • .\LTERNATIVE TOWER STRL"CTURE IX . .\LL ZONING DISTRICTS. SO LONG AS ALL OTHER REQllREMENTS OF THE ZONING DISTRICT, FIGURE l, AND SUBSECTIOX .J ARE MET . 0 ,_ I • "' - -• . 0 t• . • ' K. CONDITIONAL USE PERMITS. l. GENERAL. THE FOLLOWING PROVISIONS SHALL GOVERN THE ISSUANCE OF CONDITIONAL USE PER.\UTS FOR TELECOM,\1UNICATION FACILITIES _.\_.\jl) ARE IN ADDITION TO THE GENERAL PROVISIONS REGARDING CONDITIONAL USES IN E .M.C. TITLE 16 : a . IF THE TELECOMMUNICATION F . .\CILITY IS ~OT A PERMITIED USE UNDER SUBSECTION I , PERMITTED USES · GENERAL, OF THIS SECTION, THEN.-\ CO!.';l)ITIONAL USE PERMIT GRANTED PURSUANT TO THE PROCEDURES SET .. FORTH IN E .M.C. 16-5-21 , CONDITIONAL CSES, 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 PER~lIT, THE CITY MAY IMPOSE CONDITIONS TO THE EXTE~'T IT CONCLUDES SUCH CONDITIONS ARE NECESSARY TO ~II~"lMIZE ANY ADVERSE EFFECT OF THE PROPOSED TELECO~rnc::-.1CATION FACILITY ON ADJOINING PROPERTIES . c. ANY I~rORMATION OF AN ENGIXEERING :-..-ATURE THAT THE APPLICANT SUBMITS , WHETHER CI\lL. ~IECHANICAL, STRUCTURAL, OR ELECTRICAL. SHALL BE CERTIFIED BY A COLORADO REGISTERED PROFESSIONAL ENGINEER. ANY INFOR.\1ATION SUBMITTED RELATI:::-.;G TO RADIO FREQL"ENCY EMISSIONS SHALL BE CERTIFIED BY A QUALIFIED RADIO FREQUENCY E:::-.;GI~ER. d . AT LEAST FIFTEEN (15) DAYS PRIOR TO THE FIRST PUBLIC HEARING ON ANY REQUEST FOR A CO!I.TIITIONAL USE PERMIT PURSUANT TO THIS SECTION, THE APPLICANT SHALL PROVIDE NOTICE, IN WRITI:::-.;G , TO .-\LL PROPERTY OW~RS WITHIN FIVE HUNDRED (500) FEET OF THE PROPERTY BOUNDARY OF THE SITE UPO:::-.; WHICH THE TOWER OR ANTENNA(E) ARE PROPOSED TO BE LOCATED . 2 . INFORMATION REQUIRED . EACH APPLICA..\.'T REQUESTING A CONDITIONAL USE PERMIT UNDER THIS SECTION SHALL. IN ADDITION TO THE INFORMATION REQl"lRED BY SECTION D. SUBMIT ALL INFORMATION REQUIRED IN E..~l.C. 16-5-21. CONDITIONAL USES . AND OTHER INFOR.'.1ATIO~ DEEMED BY THE MANAGER TO BE NECESSARY TO . .\SSESS COMPLIANCE WITH THIS SECTION. ., 3 . FACTORS CONSIDERED IN GRANTING CO~TIITIONAL USE I PERMITS FOR TOWERS AND ANTENNAE . IN ADDITION TO THE • • CRITERIA SET FORTH IN E .M .C. 16-5-21 . CO~TIITIONAL USES . THE CITY SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING WHETHER TO ISSUE A co:-.TIITIONAL USE PERMIT: 0 • • . :~ ·, • <. a . HEIGHT OF THE PROPOSED TOWER OR HEIGHT OF PROPOSED ANTENNAE ON A TOWER OR ALTER~ATIVE 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 REFERE~CE TO DESIGN CHARACTERISTICS THAT HAVE THE EFFECT OF REDUCING OR ELIMINATING VISUAL OBTRUSI\,""E:'.'.""ESS ; g. PROPOSED INGRESS AND EGRESS ; h . AN EVALUATION OF THE APPLICA.'IT'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 CRITERL<\ SET FORTH I:s' SUBSECTIONS D (APPLICATION) AND G (GENERAL GUIDELINES AND REQUIREMENTS) ABOVE ; j . AVAILABILITY OF SUITABLE EXISTING TOWERS • .\.\i'D OTHER STRUCTURES AS DISCUSSED IN SUBSECTION 0 (3) OF THIS SECTION. k . ANY OTHER INFORMATION THAT THE CITY DEE:\-IS 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 REASOr-;ABLE SATISFACTION OF THE CITY THAT NO EXISTING TOWER OR STRUCTURE CAN ACCOMMODATE THE APPLICANT'S ~""EEDS . EVIDENCE SUBMITTED TO DEMONSTRATE THAT ::,;o EXISTING TOWER OR STRUCTURE CAN ACCOMMODATE THE APPLICA.'IT'S PROPOSED ANTENNA MAY CONSIST OF THE FOLLOWl:.-.IG : a . NO EXISTING TOWERS OR STRUCTURES ARE LOCATED WITHIN THE GEOGRAPHIC AREA REQUIRED TO .MEET THE APPLI CANT'S ENGINEERING REQUIREMENTS . b . EXISTING TOWERS OR STRUCTURES ARE NOT OF SUFFICIENT HEIGHT TO MEET THE APPLICA.\ITS ENGINEERI NG REQUIREMENTS . ' ,- ... . ,,, •· • 0 . -l' ''I ( • I I ' 2 I - • • • • I• • c. EXISTING TOWERS OR STRUCTURES DO NOT HA VE SUFFICIENT STRUCTURAL STRENGTH TO SUPPORT APPLICANT'S PROPOSED ANTENNAE AND RELATED EQUIPMENT. d . THE APPLICANT'S PROPOSED ANTENNAE WOULD CAUSE ELECTROMAGNETIC INTERFERENCE WITH THE Ai'ITENNAE ON THE EXISTING TOWERS OR STRUCTURES , OR THE ANTE~AE ON THE EXISTING TOWERS OR STRUCTURES WOULD CAUSE INTERFERENCE WITH THE APPLICANT'S PROPOSED ANTENNAE . e . THE APPLICANT DEMONSTRATES THAT THERE ARE OTHER LIMITI NG FACTORS THAT RENDER EXISTING TOWERS AND STRUCTURES UNSUITABLE. 5. SETBACKS A.'ID SEPARATION. THE FOLLOWING MI~MUM SETBACKS Al'ID SEPARATION REQUIREMENTS SHALL APPLY TO ALL TOWERS A.'ID A.'ITENNAE FOR WHICH A CO!'ll"DITIONAL USE PERMIT IS REQl.HRED . a . TOWERS ~n:.:ST BE SET BACK A DISTANCE EQUAL TO THE HEIGHT OF THE TOWER FROM ANY RESIDENTUL ZONED PROPERTY, OR FROM ANY RESIDENTIAL STRCCTURE IN ANY ZONING DISTRICT. b . THE TOWERS , GUYS , AND TELECOMMUNICATIONS FACILITIES MUST SATISFY THE MINIMUM ZONING DISTRICT SETBACK REQl.HREMENTS , 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 A.';"'Y 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 SUITABLE ALTERNATIVE SITES IN THE REQUIRED GEOGRAPHIC AREA WHICH CA."l MEET THE APPLICANT'S NEEDS . 6 . SECURITY FENCING. TOWERS OTHER THAN ALTERNATIVE TOWER STRCCTURES MAY BE ENCLOSED BY SECl.. 'RITY FENCING. OF A TYPE APPROVED BY THE CITY. NOT LESS THAN SIX FEET (6') IN HEIGHT AND SHALL BE EQUIPPED WITH AN APPROPRUTE ANTI-CLIMBING DEVICE . 7 . LANDSCAPING . THE FOLLOWING REQUIREME:-."TS SHALL GOVERN THE LANDSCAPING SURROUNDING TOWERS FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED . a . TOWER A.'ID ANCILLARY TELECOMM U NICATIONS FACILITIES SHALL BE LANDSCAPED WITH A BUFFER OF PLA.'IT MATERIALS THAT EFFECTIVELY SCREENS THE VIEW OF THE COMPOUND FROM ADJACENT PROPERTY. A.'ID IN • ,,, - • . ... •· • 0 ' 2 I • • C• • (, ACCORDANCE WITH THE I....Af,j'DSCAPING STA .. 'IT .tjti)S IN E.M .C. 16-5-26. b . EXISTING MATURE TREE GROWTH AND ~ATl""f_ .. .L LA,'IID FORMS ON THE SITE SHALL BE PRESERVED T C THE MAXIMUM EXTENT POSSIBLE . I:S SOME CASES . St;CH AS TOWERS SITED ON LARGE , WOODED LOTS , NA::1.."llAL GROWTH AROUND THE PERIMETER MAY BE S l !FI CI ENT TO BUFFER. 8 . DECISION. THE DECISION ON WHETHER TO APPR .JVE OR DENY AN APPLICATION FOR A CONDITIONAL USE PER."CT. SHALL BE IN WRITING . BASED UPON SUBSTA .. 'ITIAL EVIDE::-..CE PRESENTED AT A PUBLIC HEARING. L . REMOVAL OF ABANDONED ANTENNAE, TOWERS A..,-:i OTHER TELECOMMUNICATIONS FACILITIES . A .. ,,Y ANTENNA )R TOWER THAT IS NOT OPERATED FOR A CONTl:\TOl"S PERIOD C F SIX MONTHS SHALL BE CONSIDERED ABA..'\'DO~'ED. THE c:-:i:·. IN ITS SOLE DISCRETION, MAY REQUIRE A .. 'I ABA..'\'DONED TOv• .t.R, ANTENNA OR ANY OTHER ANCILLARY TELECOJ.\,L\Il":\"ICATIONS F .-l.. :ILITIES TO BE REMOVED. THE OWNER OF SUCH A..'l."l'EX:SA, TOWEF. '.:>R ANY OTHER ANCILLARY TELECOMMUNICATIOXS FACILITIE~ SHALL REMO\t'E THE SAME WITHIN NINETY (90) DAYS OF RECEPT OF NOTICE FROM THE CITY NOTIFYING THE OWNER OF Sl"CH ABA.'IIDONMENT . UPON REMOVAL THE SITE SHALL BE :.ESTORED AND/OR REVEGETATED TO BLEND WITH THE Sl.i"RROl:C>ING ENVIRONMENT. IF SUCH ANTENNA, TOWER OR .A.'lCILLl\RY TELECOMMUNICATIONS FACILITIES ARE :-lOT REMOVE::> WITHIN SAID NINETY (90) DAYS, THE CITY MAY REMO\t'E .~'IID DISPOS~ OF THE SAME AT THE OWNER'S EXPENSE . IF THERE ARE TWO C 3. MORE USERS OF A SINGLE TOWER, THEN THIS PROVISION SF_.e.LL NOT BECOME EFFECTIVE UNTIL ALL USERS CEASE USI~G ~ TOWER. ;- • .. • • 0 , ~ ~ FIGURE 1 TELECOMMUNICATIONS FACIUTIES ZONING I.ANO USE ZON~~ 111S'l'RICTS 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 -R R-1-C PU PU PU cu cu cu PU PU PU PU PU PU PU PU PU . R-2 PU cu PU PU PU R-2-C lt-3 R-4 n-1 B-2 1-1 PU PU PU PU PU PU cu cu cu cu cu PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU , . 1-2 PU PU ,' r I . PU PU PU ~ , I .. , • ... I -• • «• • ' .. Section 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 recogniz.e 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 those 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 of 8rlii111-ee Standards. 1. These regulations shall apply to any installation of satellite receive-only earth s tations in the followin& districts: a . Re s idential diatncta: R-l·A, R-1-B , R-1-C, R-2 , R-2 -C , R-2-C/S .P .S , R-3 and R-4 . b Com mercial districta: 8-1 and B-2 . c Induatnal cbatncta: 1-1 and 1-2 . 2 tellite clash , wluch WU installed prior to the adoption m this Q: d I SECTION and not ID coaformance with this Qrd " I EC'TI O:-. 11 cbaapd or ncbanpd for another dish, the new mount hall comply with the re,ulataom ofthi.a Section. C. lnatallauon Reqwrementa. 1. All Dlatncta a . ACC ESSORY USE Permits shall be aecured li>r all satellite diahN and proper lnapectlOna aec:ured duriq installation. b . Any roof-mounted aatellite diah shall have an ensmeer'• certificate, ve nfymg that the roof-mountiq is 1tructurally aound and ,table. c . Satellite dish ANTENNAE ,hall be of a color barmonioua with the aurroundinp . There ,hall be no advertiainf in worda or in picture,, other than the manufacturer'• name in small letters. d . Satellite receive-only earth 1tationa, referncl to as "aatallita diabea", ,hall be conaidered u acceuory 1tr\lctun1. ---------..-.-' 6' ~ ' ' ' .. •· • 0 I -• • ·, • <. 2. Individual districts. a . R-l·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 he-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 ac:ceu to the tranamitting satellite, the pole shall be attached to the atructure and the dish height shall be the minimum neceaaary, as determined by the Chief Building Inspector. b . R-3 , R-4. (1) Satellite dishes ,hall not be mounted forward of the front building line. (2) Satellite dishea may be mounted on roofs on reaidential buildinp of more than four ( 4) units only or on other non-relidential principal permitted I.INS . (3) Any roof-mounted Atellite dish 1hall have an ensinNr'• certificate 1ubmitted to the Building Department, verifying that the roof mountiq ii aound and ,table. (4) Placement of ground-mounted dishea shall meet the aame aetback requirements a, other permitted acceuory UHi, except the height limitation, which ii ten feet (10') to the top of the pole . (&) When a ground-mounted utellite dish must be elevated over a buildiq for acceu to tranamitting utellitea, the pole ahall be attached to the ltru.cture, and the dish heifht ,hall be the minimum necnaary u datermined by the Chief Building lnapector. "' -. ' • . • • 0 l -I -• • L• . • ' '· c. B-2, B-2 . (1) 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: SATELLITE DISH : The typical ground-mounted satellite has the antenna mounted on a pole which is at least three feet (3') deep in the ground, encased in concrete at least eight inches (8") in diameter. The cable to the receiver is buried in the ground between the antenna and the structure. The color ia preferably a neutral color: off-white, black, dark p-een. or metallic, unleaa the background is such that one of thoee would not blend with the surroundinp. The satellite receive-only earth station antenna conaiata of 1) dish antenna which receives communication from aatellitea in orbit; 2) a low-noiee amplifier (lna) at the focal point of the receiving component; and 3) a coaxial cable to carry the aicnal to the satellite receiver, which transform• the low-frequency aicnal to a televiaion •isnal- ,,,, - • ... 0 .. ; • • 0 ]- t . SATELLITE RECEIVER: • • - The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV aet and allows tuning of any of the channels coming from the satellite. Another control rotates the dish to aelect which satellite at which to aim the antenna . $ection 3 . Safety Clausee 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 preaervation 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. Seyerability If any clauae, 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. $ection 5 Inronsj!¢Cnt Ordjnang:a Nothing herein contained shall be deemed a waiver of the proviaiona of any other Code aection or regulation applicable to telecommunications . If there is a conflict between the regulations in this Section and any other Code aection or regulations, the more stringent regulationa shall apply . $ection 6. Eft'ea, of repeal or mooificatjon 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 chance in whole or in part any penalty, forfeiture, ar liability, either civil or criminal, which shall have been incurred under such proviaion, and each provision shall be treated and held as still remaining in force for the purposes of austairunc any and all proper actions , auita , proceedinp, and prosecutions for the enforcement of the penalty , forfeiture , or liability , aa well as far the purpoae of austaininr any judplent, decree, or order which can or may be rendered, entered. or made in •uch actions , auita, proceedinp. or proeecutions . $ectjon 7. fc.na.la . The Penalty Provision of E.M .C. Section 1·4·1 shall apply to each and every violation of this Ordinance . Introduced, read in full . and paued on fint reading on the lat day of June , 1998. .. • • 0 , ]- • • (• • . , .. Published as a Bill for an Ordinance on the 5th day of June, 1998 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Enclewood , Colorado , hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance. introduced, read in full , and paaaed on fint reading on the lat day of June, 1998 . Loucrishia A. Ellis ,,,_ . . • ~ ' • • 0 , ]- PIIOIP OP PUBLICATION .. INGUWOoo HUALD STATE OF COLORADO COUNTY OP ARAPAHOE • ........... =· doaalamnly-...... ~ ntllld ......... of .. --..WOOD HaRALD; lhat .. -la a WNldy 1111 lpapef pub-lllled In ... Cltr of Uttleton In Ille c...., ................... c. --.; 111d ..... ganeral clrculallon ................. IJfllll llabwl ....... -· ..., and unlnllnupt-= 181d c...,., a,.,... far. fl -1lwl 12 ..... pllar ID .... e:c1lc 1aflwWWll----..... ,. =:...,..1n ........ Olla fl C1l1 .... ...... au. Mall malllt and ... .. aid newapaper 11 a new.paper 111111n Ille meaning of Ille act of lie --~ af the .... af C. --. = Maldl 30, 1123, and ................ ~ ...... Oltler ac:11 l9lallng to ... ...... and plMlt*lg of .... nobl and -publlahed In the MgUlar and .._ ..._ of Mid 111 :as-per, once aadl Willlc. on the aame day of Ndl ..... far • peitod of / COIINCUllv9 inNrtlonl and lhel iit& Pl,Mcalorl of Uid nollce -In E--~) '41. LJ ,:[ 197L ... PI.Mcallon ol Uld nolce -In ...... ol aald .....,..,., dalld ·, • • • . ' ENGLEWOOD ..• .,-........... J ' . .. . ---------! -----......«' ......., _____ ._.. .................... .......... ., ..... ,.,... .. ........ ---~-......... CII!!,-.----.................. -----· •.r ----111-. ------· A-'IIIU........... . ·-~-~--------------=-·· .,.., --·----~·-------,.. -...4.-ll'IO'fflU ' ,.. __ .,__ .l __ ,.,.,._ --•waanmr _,c11w ....._IU.IIILIII --...-----·-· .. ..--... .......... -,! ., .. _____ _ M.Y4.-........... . ...... _ ....... _ .. .. __ ciao.. __ -----·· ......... -... ---.,, .. .._._ --.._ ..... _ ---· ......... _ ... _ ... ------...__ .. _ -•ca_.,_ ,,,_ • < .. • • 0 -~ Maar OF PUIII ICATION .... bGL.Ewooo HERALD STATE OF COLORAoo COUNTY o, ARAPAHOE • ....... J. =· doaalernnly ...... .......... ~tllland ......... of the DGLIWOOD HIIIALD; ltlat 1w..,. la a~ ne rapaper pub- llllled In the City of Littleton in Illa c.w, .. Anpellloa, ...... Cal- ...... and hu • general cin:ulallon llalllln; lllt 111d lie I~ 111* ,-been ....... CO!_lllnuoully and lnllllmlpt- ln 1111d County .. Alapalloe tar • of morw than 52 wealla prior lo .. ~of ........ ~ ._ ......... =: .... In .. Poat Ollca ol Cololado, • Second Clua Mail maa. and tllld Ille Mid newapaper la a new.paper wlllllrt Die meaning of the act of the ..... ~d ...... olCal-..... s:l Man:tl 30, 1923, and .... ....... and AcMrllar ..... oltler acta rwlating to .. pllnlng and pmlltilg ol legal nolcN and wu publlahed in the 19gU!ar and .,.. ..._ ol aid nei,11paper, once -=ti--. on lie aame day of -=ti .... IDr • period of / COIINCIAlve lnNt1lona and .. iit'iiiii Pl,Gllcallor! of Nid notice -in e-.. --,,,.) '41. Id .s= 197£ ... IUllcallon ol Mid notice -lnlw ..... ol Mid lie IJl...-dlil9d • • • ' ENGLEWOOD ., .... NIIIAC-· " • 2,· ·• • . -:,,,... .... ..: f:: , __ ...., ______ ~ ......... _ .. ~ .. ......, __ .,_, ..... .,.... ......... _o... ........ .,,_.,.IMl .111 .. ..... Clo.-.__~ .. -------.... -, ............ a&. .. . ·----.. ,... ~---• aau-. -----· ·---... -.., ..-..... ·. ,. ·~•• II: ---- __ ,._ __ __ .,._,.1111 --=-, .. .... ---·-,.---~-..... ,__ __ mu11. --l.--1110fflU I .. _,_ .. __ _ amT\8Mla.Uft--•1NlaTYmr --.w . -.aa. •• __ ,... __ ......... _ ... ,,_ -.. ......... _ .... ca, ____ _ .IULYI,-..... -.. • ....... ._ ....... __ .. ca,-..-.. ---• -----·-.. ..,. .... ___ _ .. -............. ca, --A.---c:a,-ca, .. ........ _ ... __ ......._.~ ... ..._,_.,_ --~,., • l • . I .. •· • 0 ,_ -• • Closser Consulting Umited Uabllity Company 4720 Ta bl e Mesa Dri ve Suire F Po rtable Ann Cl osser 303 .8 18 .5882 Gl o ria Brown 303 .929 .4723 Trey Beck 303 .5 14.5442 By Hand Delivery July 6, 1998 Cly CouncH Members Cly of Englewood 3400 So. Elali Englewood, CO 80110 Dear CouncH Members: Bo ulde r, CO 80303 Re: Telecommunicallons Ordinance Section 16-5-26(C)(3) Tel. 303.499 .0710 Fax 303.494 .5832 Email : acl osser@tesser.com I am a land use consulant to AirTouch Communications, Inc. dlb/a AirTouch CeUular (•AirTouch"). I have been wortlng wlh Englenood Plar;,1ing Slaff members and outside counsel '9llllive to the draft Telecommunications OnMl•ice to be codllled In Section 16-5-28. Mr. Ken Fellwl, Esq. and I have cllcuued pftJpOMd Section 18- ~26(C)(3). This section apples Nllc:led portions of the onll•ice ,lillt· e;j)*V to existing wnless lnstellalbia. One of thele prOllilionl wa ,wqun 1h11 bulldlng and unty codes be applied ,ebOIICluely lo existing facilllN . AirTouch 1111-lty abjacls lo .., ,eboaclive application of buldlng codes. Each of the AirTouch lnl1allalions wlhln Englet DOd w bull In ~ice wlh the codes which were ope,lllive al the time of const.uction. AirTouch l8CUl9d a buldlng perml for al of b lnltallallo.ia. A final lnapeclion w pa,formN p,tor to occupency of each lie, which vertlled thal the facllly w bull In rm.-.ice wlh the ope,lllive codes. Any NllroaclM appllcallon of such p,uulliol• II nol ..rul under the Coionldo and Unhd Stales ConallluUona, la In deragllloi1 of COftlfflOI, ._ and lllllll*lry vested rights, and unlawfully alnglN out the wnlela Industry for ....... .....,.It. I ask thal you please note for the record thal AirTouch GP1JON1 en, IUCh retroactive application of building and unty codes. ThMk you. Very 1nJ1V yours, cc: Ga,y Jones, AirTouch Real Estale and Zoning Manager • • • 0 ]- • • • . . Closser Consulting Umited Uability Company 4720 Table Mesa Drive Sui1e F Ponable Ann Closser 303 .818 .5882 Gloria Brown 303 .929 .4 723 Trey Beck 303 .51 4 .544 2 By Hand Delivery July 6, 1998 City Council Members City of Englewood 3400 So . Elatl Englewood, CO 80110 Dear CculCil Members: Boulder, CO 80303 Re: Telecommunlcalions Ordinance Sec:lion 16-5-28(C)(3) Tel. 303 .499 .0710 Fax 303 .494 .5832 Email : aclosserOtesser.com I am a land UN consultant to AirTouch Communications, Inc. dlbhiAlrTouch Celular rAlrTouch1. I have been wortoog wlh Englettlood Plal•"*'U Slaff memben and outside counNI ,..... to the draft Telecornmunlcali Ordinance to be codified in Section 18-5-2111. Mr. KM Fellnwl, Esq. and I have dilcusNd propoeed Section 16- 5-28(C)(3). Thia w:lian apples Hllcted pol1ionl of the Ofdi•ice ~-to uilting wnlNa inlS F Sh MIS. One of theN pnMlianl wa ....... thal bulding and --r codes be appSled ,.mcttJett to eJCilling faclliN. AirTouch at11tlfalltr objec:11 to.., ,e1111*tiwe applJ wh-n of building codes. Each of the AirTouch ln...,.lons wlhln Er,gS•· ood w bull In complance wlh the codes which _,. operative Ill the time of conltruction. AirTouch l8CUl9d • building peimll for al of II lnat.Wlons. A flnlll inlpec:lion w performed prior to occupancy of each •. which vertfied thlll the faclEly w bull In compEllia wlh the opeilll.ive codes. Alfi/ NbaactMt appllclllion of such pnMlions II nos lawful under the Coblldo and Unled S1al8I ConltluSlons, II In deiogation of common law and llllluSoiy vested rights, and un2llwfully lingles OUl the wlreSeu lndulby for dilpaiale trNlmenl. I ask that you plNle none for the r9COl'd lhal AirTouch oppoMI -, such reboaclive applicalion of building and ~ codes. Thank you. Ve,y INlr youis, cc: Gary Jones, AirTouch Real Eatllle and Zoning Manager . ' .. • • 0 - • • • • Closser Consulting limited Uability Company 4720 Table Mesa Drive Suire F Ann aosser Gloria Brown Trey Beck Pon able 303 .8 18 5882 303 .929 .4723 303.5 1-t . 5'1'12 By Hand Delivery July8, 1998 Cly Councl Members Cly of Engleuood 3400 So. Elall Englewood, co 80110 Dear Council Members: Boulder, CO 80303 Re: Telec:ornnullcll Oldll•a Section 18-5-28(C)(3) Tel . 303.499 .0710 Fax 303 .494 .5832 Email : aclosserOtesser.com I am 8 land UN consulmlt lo AirTouch Comml.wlk:allana, Inc. dN1iAlrTouch Cellular (•AirTouch"). I have been wortdng wlh EnglM: iaod Planning Slllf ......... and oullide counsel MllltM to the drllft Telecommlalk:allal11 Oldll•a to be cadlled In Secllon 1~. Mr. ~ F..._., Elq. and I._ cllcl11NCI pnlpONd Sec:tion 18- 5-21(C)(3). Thia Ndlor'l applN 11l1clld porllona of._ onll•a ,--=tlwll/ to u1111ng ....._. in,: n ?liJi•. Oneof...._ ..,.._. ... ,....._ buTdlng and ...., codes be app55ad .......... to ............. AirTouch ... ••••?Ir abjlc:la to .., ,911\w:1M a:i,11:llllkH of buTdlng codN. Each of the AirTouch In 11 7 ?la• w7l*I E.igll iaa d w buTl In complllia wllh the codes which .... ope.alllle ....... of conllruclDn. AirTouch l8CUiEld • bulldlng pe.ml for a7 of b In 12 7 Pl *'· A lnll inlpecllDI, w pedannad prior to occupancy of w:h .... which ..... 111112 .. ...,_ buTl In ........ wllh the opefllSive codes. Air, .................. of IUCh paaulllal• .. nal ....... undar .. Co2orlldo and lJnled StlllN Conllllullana, la In ...,_+n of ODIMDII la and IIIIMory vested .tghSa, and unlafu7y llng5N oul ........ lndulliy fDr C1p1flll ......_IL I Mk 2h11 you plNl8 naee for .. iWCDid.., AirTouch a,,aw.., IUCh ,1121oactive apr5k:alion of bul5dlng and mely codes. 11-* you . .. • • 0 • • • ·~ ... Closser C.Onsulting limited Liability C.Ompany 4720 Table Mesa Drive Suite F Ann Closser Gloria Brown Trey Beck Ponable 303.818. S88l 303 .929.4723 303 514 .5442 By Hand Delvwy ~8.1888 Cly Council Members Cly d Englel,dOOd 3400 So. EIIII Engletuood, CO 80110 Dear Council Members: Boulder, CO 80303 Re: Telecommunlcallona Ordinance Section 18-6-28(C)(3) Tel. 303.'199.07!0 Fax 303 .49'1 .5832 Email : aclOS:ierOk'~r.com 1 am a land UM consulanl to AirTouch Cornmuniclllion, Inc. dlbl1iAlrTouch Cellular (·AlrTouch1. 1 have been woddng wlh &.gl9I rood Planr*lg Slaff ffllfflbefl and oulSide counsel ...... to the dial Tellcammul*-lalia Onll•ICI to be codlllld In Seclion 18-5-28. Mr. KM F...._., Elq. and , ,_ dllcu1Nd pqlOMd Secllon 18- 5-2Cl(C)(3). Thia MCliarl applN Hllcled pcdDrll d tlw ardll•a ,llti~ivelv to eJdlllng wil'elNl lnrt n Sia.is. One d ,._ p1awlllan1 wa ,.._ Sllll building and 18fety cadel be appSlad 1•-=t•ID ............ AirTouch IIH!Sa. abjects to any rebollcShM lllll*IIIIM d buldlng cadel. Each cl the AirTouch 1nu n enia wEhln Er.gla:rood w buEl In ~a wlh She codes which..,. apanllille al the timed constructlan. AirTouch ucured a building pe.mll for al d El lnl! n 21 -is. A.,.. lnlpectian w pe1fannld pltar to occupancy ol each lie, whk:h Wflllld Sllll the fllcllyw buEl In ~awlh a. ope,ative cadel. Air, ,lltlaadhe llfflt\lllll"I d IUCh ....... II nat lllllllful under tlw Cokndo and Unlled S1aPN Conltluliana, II In delaglllal, d camman..., and lltllMaly vested rtglu, and~ ...... GUI the ..... lndulliy tar ..... "9111111N. I Mk Shlll you plNN nale for the l9CDld Sllll AirTouch CIPIIDNI any IUCh .-.:live applk:ation d buldlng and ....., cadel. Thai* you. .. • • 0 • • • • · .. Closser Consulting J irolted Uabillty Company 4720 Table Mesa Drive Suite f Ann Closser Gloria Brown Trey Beck Ponable 303 .818.5882 303 929.4723 303.514.5442 8y Hand Delivery July8, 1998 Clly Councl Members Cly of Engletuood 3400 So. EIIIII Engl9lnl00d, CO 80110 Deer Council Members: Boulder, CO 80303 Re: Telecomnulicalio OldlllallCe Secllan 10-5-28(C)(3) Tel . 303 .499.0710 Fax 303 .494 .5832 Email : adosserOl«!SSC:r .cum I am a land UM consullant to AirTouch Communi:alianl, Inc. cllblaAirTouch Celulllr (•AirTouch1. I have been working wlh Engle IOOd Pllll•'*ID Slalf ........ and oullide counsel rellllve to the clrllll r•cammu11lcilllllal1a Oldll• .. to be caclllecl in Sec1ian 18-5-28. Mr. Kan Felman, Esq. and 1,-. clllcl•Mcl pnJpONcl Secllan 18- 5-28(C)(3). 1'hll NCtlon appllN 1111 cad porllanl of lie onln•._ 1llilll+ml1Jaly to ellistlng wn1eu lft11 r s:011a. One of._ PftMllal• wa ...-thal buTdlng and safety caclea be applecl 1...-:tbely lO allllnll ...... AirTouch 111111111111; objlcts to a,y rwomive IIPPl','llllon of buldlng codel. Each of the AirTouch ln11 T PlllUS wll*' Englewood W bulP in oamp!a .. wlh the caclu whk:h ... opellll!M .. the time of conm..cllan. AirTouch MCUMcl. building perml for all of la 11111 T 1DIS. A tlnal lnlpecllai'l w perbmed prior to occupancy of NCh •. wtllch WIiied ttlll lie fml!y w buTP In oamp!a._ wTh lie openlPM caclu. ,.,,, ieliaaclhe apJ+ ... +, of such pnMlloiia la na1 ....... uncllr ... Colcndo and lJnlecl Slalea Conltlullana, II In clelagilllai, of oammon ._ and l1aMaly vetted rtghla, and~ a1ng1ea oue 11e --..1nc1u11ry 11ar c11pan11e ........... I Mk thal you pleaM no1e for .. NCOld 1111 MTouch opp aw 1111ft such ,elioective appl .. loo of building and uf.l1y coda. Thank vc,u. .. • • 0 - - • • • • Closser Consulting Umited llability Company 4720 Table Mesa Drive Suite F Ann a osser Gloria Brown Trey Beck Ponable 303.8 18 .S882 303.929.'1723 303 .5 14.5'14 2 By Hanel DelMry July8, 1998 Cly Council Members Cly ol Er,gleuood 3400 So. EIIIII Englewood, CO 80110 Dear Councl Members : Boulder, CO 80303 Re: Telecommunlcalio Ordinance Seclion 18-5-28(C)(3) Tel. 303.499.0710 Fax 303.<t9't .S832 Email : aclosseretesser.com I am a land use consultant to AirTouch Comm&ri:llionl, Inc. dlbl1iAlrTouch Cellular C-AirTouch1. I have been WOl1cing wlh Eng191sll00d Pllln,-.g Staff members and outside counsel rNlllilM to the dlall T•commu11icallo11a Onll•a to be CDClllled In Sec:lion 18-5-28. Mr. l<M'I Felnwl, Eaq. and , ,_ dllcuased prapoud SediDn 18- 5-29(C)(3). This secllon appliN 1111 Cll4t portiDna ol lhe onli•a ,__.lniely to existing wnleu ir.1 1-Wk:Nia. One ollw pa.illollia ........ etllll buldlng and safety codes be applied ,-.ctMty to eJdlllng ..... Ali'Touch ...... objecfa to any f8llomlve applcaflon ol bulldlng codea. Each al the AirTouch lnlf r ........... EHgll IIOOd -bull In campEaia wlh the codH which..,. opemiwe al the lime ol conlfrUcllon. AirTouch NCUlad a bulldlng pennl for aE ol b Int! E arw•. A tlnlll lnapecllon w pelfannld pltor to occupancy ol each lie, which vertfied etllll the faclly w bull In campEaia wlh Ille opemiwe codea. An'/ iillbw.llw appblflc]n ol lUCII pnMliDna .. nol lalful ....... Cc*:Nado and UnlN StaeN Conlllullona. la In clelQglllorl ol cannon a. and lllluby VNfed righla, and~ lingfea out the ....... lndumy for ................... I elk fhel you pfease nole for the MCDl'd fhel Ali'Touctl ClplNJNI q lUCII ,wbw.llw application ol bulldlng and ..., codea. Thmt you. Ve,y-,oura, .. • • 0 , • • • • ·, COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement with Arapahoe County for Coordinated July 6, 1998 10 a i Election Services Initiated By Staff Sources Loucrishia A. Ellis, City Clerk/Election Election Commission Commission Member Frank Gryglewicz, Director of fi!nancial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995, 1996 and 1997. RECOMMENDED ACTION Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 3, 1998 Coordinated Election. Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. Arapahoe County has advised the City of Englewood it will be conducting a Polling Place Election on November 3, 1998. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission agrees that it is in the best interest of the electonl of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 1998 coordinated election, it is essential for the City of Englewood to erar into an~ agreement with Arapahoe County. Staff has reviewed the proposed intergovernmental agreement with Arapahoe County and concurs with the Commission's recommendation. FINANCIAL IMPACT Since costs are based on several variables, i.e. the number of registered electora in the City of Englewood at the time of the election, the number of ballot questions and the number of entities participating the election, the financial impact ii only an Ntimate. Based on the known facta, the COit of the 1998 municipal election has been budgeted at $20,000.00. UST OF ATTACHMENTS Proposed Counci l Bill No . 33 Proposed Intergovernmental Agreement for Coordinated Election (Election Ind TABOR Notice) ... • • 0 - - • • • · ... • ,. Published as a Bill for an Ordinance on the 10th day of July, 1998 . Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ill a true copy o( a Bill for an Ordinance, introduced, read in full, and paued on first reading on the 6th day o( July, 1998. Loucriahia A. Ellia -2- . , .. • • 0 • • ] • ORDINANCE NO. SERIES OF 1998 • • • BY AUTHORITY A BILL FOR , . /~aJ COUNCIL BILL NO . 33 INTRODUCED BY COUNCIL ~!EMBER ______ _ AN ORDINANCE APPROVING AN INTERGOVER:,,i".\IENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK A.1'.;1) 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 cooperate 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 ta.,:payers 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 responsibilities for the coordinated election and if nece11ary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement: NOW , THEREFORE , BE IT ORDAINED BY THE CITY Cot:~CIL OF THE CITY OF E NGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l : The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is attached hereto aa "Exhibit l." The Intergovernmental Agree ment For Coordinated Election (Election and TABOR Notice) is hereby accepted and a pproved by the Englewood City Council and the :Mayor 1s authorized to execute and the City Clerk to attest and seal the Agreement for and on behalC of the City of Engl ewood . Introduced , read in full , and passed on first reading on the 61• day of July, 1998 . • 1- • I! - -., •· • 0 • • • .EXHIBIT 1 INTERGOVDJDIENTAL AGRBBNRNT FOR COORDDQTBD m.BC'l'I:Olf (Blaction and TABOR llotica) 'l'hi• Intargovarimantal Agr•~t i• entered into by and between the Board of County COlllll.iaaionar• of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to a• the •county•), and the City of Englewood WRERKAS, purauant to the tJ'niform Blection Cod• of 1992, a• amended, govermaental entiti•• are encouraged to cooperate and conaolidate electiona in order to reduce taxpayer expen•••; and WRERKAS, th• County ·and the Citv of Englewood have determined that it i• in the beat intereat of the taxpayer• and the elector• to conduct a Coordinated Blection at th• November 3, 1998 election, and WRERKAS, Colorado Conatitution Article X, Section 20, require• the production of a -iled notice (•TABOR• Notice) concerning certain ballot iaauea that will be aubaitted to the elector• of the County and the ___ c_i_t_y __ o __ f __ E_n_g_l_e_w_c_o_d _________ , and NRERBAS, the TABOR notice• of ••veral juriadiction• are to be aent •• a package where juriadiction• overlap; and WHBREAS, thars abould be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purpo••• of aaid conatitutional ••ction; and l ,- . ' •, .. •· • 0 , • • • • WHEREAS, the County and the City of Englewood de•ire to •et forth their reapective reaponaibilities for the coordinated election and for the production and mailing of the TABOR notice package pursuant to the Intergove:nmian.tal Agreement. HOW, TJIBRBFORE, IT IS AGISJffl by the County and the ~c_i_·t_y..._o __ f __ E_n_q~l_e_w_o __ o_d ______ ~ aa follow•: l. The November 3, 1998, election •hall be conducted•• a coordinated election in accordance with the tJniform Election Code of 1992 (Articles l-13 of Title l, C.R.S.) and TABOR amendment (Section 20 of Article X of the Colorado Constitution). The election participants ahall be required to execute agreements with Arapahoe County for this purpose and may include municipaliti•• within the Arapahoe County limit•; •chool district• within the Arapahoe County limit• and apecial diatricta within the Arapahoe County limit• and the State of Colorado. 2. The Kovember 3, 1998, election ahall be conducted by the County with the uae of ballot carda and electronic vote- -counting equipmant. 3. Th• Arapahoe County Clerk and Recorder i• deai!lJl&ted a• the coordinated election official and the City of Englewood juriadiction hereby idantifi•• the City Clerk •deaignated election official•. , •• it'• 4. The County ahall perform the following ta•k• in relation to ••id election, to wit: a. Negotiate an agreemant with Sequoia Pacific Sy•tama Corporation for the printing of the official ballot• :z ,. - • . .. ~· •· • I -• • ,~ • utilized for Absent•• and Barly Voting. b. Provide a copy of all agreement• or contracts negotiated for election auppliea, equipment and/or aervic•• to all juriadictiona participating in the coordinated election. c • Provide a copy of the ballot layout and the text of the official ballot to the City of Englewood for proofreadi.ng before authorisation to begin printing of all ballot• begins. d. Certify the complete n'Ullber of regiatered elector• within the Arapahoe County portion of the City of Englewood --~~~~-no later than October 14, 1998. e. Provide support on the date of the election by telephone and in peraon, ahould the need ariae, until counting of the ballot• i• completed. f. Provide ·unofficial reaulta of the election on election night by telephone or by facaiail• transmittal upon requeat. g. Maintain a liat of actual -.otera frca the November 3, 1998, election, and, upon requeat, generate a printed liat, of the peraona who voted following the election. The coat will be $.005 per name. h. Dete:rmine the •leaat coat• .. thod for mailing the TABOR notice package. Nothing herein aball preclude the County from •ending the TABOR notice or notice package to peraona other than elector• of the City of Englewood if auch •ending aria•• from the County'• effort• to .. 11 the TABOR notice l •· • 0 - • • "' -• • • <. • package at the •leaat coat•. i. Include tha ~--C_i_t~y~o_f ___ E_n_g_l_e_w_o_o_d ______ ~ text, a• written and in the order llubmitted, in accordance with the TABOR amandm.ent requirements for the TABOR notice requirements for the TABOR notice. j. Store all voted ballots for a minimum of 25 a::mtha, -and all other material• required by law, (C.R.S.1-7-802), to be aaved in auch a manner thet they may be acceaaed by the participating jurisdiction, if neceaaary, to reaolve any challenge or other legal question• that might ari•• regarding the election. k. The County ahall keep a careful and accurate accounting of time, auppliea, printing coata and aalariea attributable to the County'• adminiatration of the election for the juriadiction. The participating juriadictiona proportional ahare of actual coata •hall be baaed on County expenditure• relative to the November 3, 1998, election, including prorated ahare of TABOR notice. 1. Appoint, ccapenaate, inatruct and OV9r••• tha board of canva•••r•. m. Ho later than 10 daya prior to election, provide the participating juriadiction, no l••• than 10 aeta of each •teat deck• of the jurisdiction• ballot atyle(a), to allow for teating of electronic vote-countillg equipaant pertaining to Abaentee and Early Voting. n. Enforce Pair C11111paign Practice• Act (Article t5 of Title 1, C.R.S.) 4 . ' ... • • 0 - • • • ·, • ,. s. The __ c_i_t_v_o_f_E_n_,g __ l_e_w_o_o_d ___ ahall perform the following taaka in relation to aaid election, to wit: a. Proofread the layout and the text of the juriadictiona portion of the official ballot• before authorizing in writing, the printing of all ballota. b. The Citv of Englewood i• to publiah all required legal notice• for the juriadictiona ballot queationa and candidate•, including the notice that is required by C.R.S. l-5- 205, that i• published at leaat 10 day• prior to the election which cover• all pertinent infoJ:211&tion required by atatute. c. Prepare, hand-count and deliver to the County Clark, the required teat deck of ballot• for teating th• electronic vote-counting equipment, no later than October "28, 19'8. d. Ramit payment directly to Arapahoe County within 30 days of billing for it• prorated share of all coat• relating to the printing and mailing of Abaent-Ballota, brly Voting Ballot• and the judge• coat •••ociated with Karly Voting and all other election expenaea deacribed in Section 4 (k,l). The currant eatilaat• of coat• i• $. 78 per ballot card plua $ .12 for each additional ballot card per set, to be shared by all. participating juriadictiona for Abaentae and Karly Voting. •· Camply with the proviaiona of the UDifoz:m Election Coda of 1992 (Article• 1-13 of Title 1, C.R.S.), and the tilaa guideline• achedule aa attached hareto aa thaae relate to tbe Hovember 3, 1H8, election. Tbe Citv of Englewood aball 5 "' - .. •· • • • • nctify tha County of any exception DC 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 nctic•• concerning the participating juriadictio:a.a ballot iaau•• by the date a:a.d i:a. the maa:a.er required by the U:a.ifoz:m Slection Code a:a.d applicable rulH a:a.d regulatio:a.a i:a. (Rule S. 4) • Proofread a:a.d make a:a.y correctio:a.a to tha layout a:a.d text of the nctic•• within one day of tha requeat of the Cou:a.ty. g. The Citv of Englewood ______ ....,a _____ _ ahall defend a:a.d resolve at it• sole expenae all challenges relative to the ballot que•tion• a:a.d ca:a.didatea, aa certified to the County for i:a.cluaion in the November 3, 1998, coordinated election. h. Submit to the County a copy of the participating juriadiction• Nap with the liat of county precinct• which correapond to the County. i. a-it payment to the County within 30 day• of billing for the prorated coat of the preparation and .. iliDg of the TABOR notice packa9e. j. Order a:a.d deliver a certified copy of the property owner• liat for the __ c_i_t_y_o_f_E_n_g_l_e_w_o_od ____ , (if de ... d applicable.) 6. The Citv of Englewood ------------------aver• that it baa aufficient funda available i:a. it• approved budget to pay ita prorated election expena .. for the llovaber 3, lUI, election. ' . ' .. ., •· • 0 , J - • • • . . 7. Unle•• otherwi•• agreed in writing, thi• Intergovermaantal Agreement and the interpretation thereof •ball be governed by th• law• of the State of Colorado. a. Should any proviaion of thia Intergovermaantal Agreement be determined by a court of competent juriadiction to be UDConatitutional or otherwi•• DUl.l and void, it i• th• intent of the parti•• hereto that the r..-tning proviaiona of thi• Intergovernmental Agreamant ahall be of full force and effect. 9. Notice• to be provided under thia Intergovernmental Agreement aball be given in writing either by band delivery or depo•ited in the United Stat•• aail, certified mail, return receipt requeated, with aufficient poatage, to the following peraona: Arapahoe County Office of the County Attoaaey 5334 South Prince Streat Littleton, Colorado 10166 City of Englewood City Clerk 3400 South Ela~i Street Englewood, co 80110 10. Thi• Intergo,,erzmmital Agr--.st aay not be -.,difiad, amended or otherwi•• altered ual••• aut\lally agreed upm in writing by the parti•• bareto. 11. AttacllllaDt•• Tba attacbeanta OD the followi.Dg page(•) are a part of thi• avr~~•--•nrt. 7 • . .. • • 0 , -• • • ,. addencma A CITY OF ENGLEWOOD, COLORADO .._ of Political Su.bd.ividcm DD, Thomas J. Burns Tr1'LS I Mayor ATTEST: Loucrishia A. Ellis, City Clerk I BOARD or COUNTY C0111C£SSI011DS, comtrf or ARAPAHOS, STATS or COLOUDO Debra A. Vickrey,Chairperaon Boarcl of County COllllliaaicmera of Arapahoe County ARAPAHOS CO'CNTY CLD1t r. RBCORDD Donetta Daviclaon Arapahoe County Clerk r. Recorder • t ·- .. • • 0 .. I • ,. - • • TIME GUIDELINES SCHEDULE September ... 1998 OO'DlGOVDNMEN'l'AL 1-7-116 (2)CRS (no Jess than 60 days prior AGJlDMl:NT to the Election) Imaaovo1 ..,... ..-10 be siped betwem tbe Cowsy Cm 111d Recmdcr aad tbe poli1iml lllbdmliaa. BALLOT CONTENT 1.a1t day aowmma body may prow1e tbe County CJak aad b:alder tbe approved lqisl.llm ldioa. cerlificatioll md ballot proot: September 8, 1998 CANDmATE Wl'l'IIDllA WAL 1~1002 (2) CRS (more than SS days before Last day a cenctideCe mar wididraw from .., the General Election) tbe Gcnml E1eclioa • • • 0 9 .. ...... , 2 September 9, 1998 (no later than the close of business on the 551h day before the Election) September 14, 1998 (at least 50 days before the General Election) September 18, 1998 (Friday before the 45'h day before the General Election) September 21, 1998 (at le:ist 43 days before the election) September 22. 1998 (at least 42 days before the election) September 24, 1998 (no later than the 40th day preceding the date of the scheduled nonpartisan election) September 29 thra November 2, 1998 (not more than 5 weeks nor less than I day prior to the General Election) October 1, 1998 October 2, 1998 (not less than 32 days before every General Election ) • 0 , . • VACAi'lCY DESIGNATION Last day for a person designated to fill a vacancy in designation or nomination for the General Election to file the certificate of designation or nomination to fill the vacancy, together with a written acceptance, with the designated election official. CERTIFY BALLOT CONTENT Last day for the Secretary of State to send notice and certification of the General Election ballot to the County Clerk. COMMENTS FOR TABOR NOTICE Last day to file pro/con comments pertaining to local ballot issues with the designated election official in order to be included in the issue mailing. SUMMARY OF TABOR COMMENTS Last day for petition representatives to submit a summary of comments in favor of their local ballot issue to the designated election official, no later than 3 :OOpm. TRANSMITI AL OF TABOR NOTICE Last day for the designated election official to deliver ballot issue notices to county clerk and recorder. INITIAL LIST OF REGISTERED VOTERS County Clerk and Recorder to certify list of regisrcn:d voters for a Nonpartisan Election held in November. JUDGES SCHOOL School of instruction for all election judges to be held by the County Clerk and Recorder. FCPA Fair Campaign Practice Act filing due. Covers from Aupst 27, 1998 thru September 25. 1998. BALLOTS PRINTED Ballots for the General Election must be printed and in possession of the designau:d election official. 10 1-5-203 (I) CRS 1-7-901(4) CRS State Constitution Article X, Sec 20 (3)(b)(v) 1-7-903 (3) CRS SOS Rule 5.4.4.5 1-7-904 CRS 1-5-303(2) CRS 1-6-107 (2) CRS 1-45-108 (2Xa) 1-S403 (1) CRS •· • 0 , - • • • October 4, 1998 (at least 30 days before 1 Election) October 5, 1998 (at least 30 days before a ballot issue election) October 5, 1998 (by close of business on the 30!11 day before election) (30th day prior to the Election) (29 days preceding the General Election) (29 days preceding the General Election) October 6 tbru Nonmber 3, 1998 (for the 28 days before and on the day of the election) October 14, 1998 (2 0th day before the Election) October 19, 1991 ( 15 days before the Election) • 0 I • • ST A TE WIDE INFORMATION State Constitution Article BOOKLET V, Section 1 (7.5)(b) Last day for Legislative Council staff to cause the ballot information booklet for statewide measures to be distributed to active registered voters statewide. TABOR NOTICE MAILED Last day to mail notice of election ballot issues. WRITE-IN CANDIDATE AFFIDAVIT Last day for write-in candidate to file Affidavit of Intent for the General Election . REGISTRATION RECORDS FOR NONPARTISAN ELECTIONS The designated election official may order a complete list of the registered electors with a supplementary list provided on the 20th day , or the designated election official may order a complete list as of the 20th day prior to the election. REGISTRATION DEADLINE Last day to register to vote for the General Election. Last day of registration for overseas citizens for the General Election. BALLOTS ISSUED FOR FEDERAL OFFICES ONLY . CHANGE OF ADDRESS Elector may complete a sworn affidavit for a change of address in the county clerk's office stating that he/she moved within the county prior to the 30• day before the election. REGISTIU TION RECORDS The County Clerk and Recorder shall certify and make available a supplemental list of the eli&ible electors who have become eliaible since the earlier list was certified. These lists shall substitute for the oriainal reaistration record. EARLY VOTING Early votina bqins at the early voters. pollina place for the Genera! Election . 11 • State Constitution, Article X, Section 20 (3)(b) Referendwn 8 1-4-1102 CRS 1-2-201 (3) CRS 1-2-209 (2) CRS 1-2-216 (4) (a) CRS l-8-202 CRS •. ... • • 0 , • ,,, - ' - • I • • ' t~::'-:~;;/)\// . ."'"'\·.···,,·:'°" t DDFJACIICJN~ .. Ffli{.fr3!Ff~%~:~1¥@*f1:tillI ifl-~f~@:w.4tl'.{f~:(,. (at le:ist 15 days before the BOARD OF CA.~ ASSERS 1-10-101 (l)(a) CRS Election) Last day for county chairpersons of each of the two major political parties to appoint Board of Canvassers for the General Election. October 20, 1998 FCPA 1-45-108 (2)(a) CRS ( 14 days before the General Fair Campaign Practice Act filing due. Election) Covers from September 26 , 1998 thru October 14. 1998. .. October 22, 1998 POST POLLING PLACE SIGNS 1-5-106 CRS (at le:ist 12 days before the Last day to post polling place signs for the Election) General Election. October 23, 1998 TEST BALLOTS 1-7-506 CRS County Clerk and Recorder to provide the jurisdictions the test deck for test ballots. October 24 , 1998 ELECTION NOTICE DEADLINE 1-1-106 (4) & 1-5-205 (1) (at least 10 days before the . Last day for County Clerks to give notice CRS Election) of the General Election. October 27, 1998 CONTINGENCY PLAN SOS Rule 9 .6 (at least one week before Last day for county clerks to file any ballots are counted contingency plans for their electronic electronically-counting of vote-counting facilities . the absentee and early voters ' ballots may begin the Monday before the Election) October JO, 1998 LAST DAY FOR EARLY AND 1-8-104 (3) CRS (Friday preceding the ABSENTEE VOTING election) Last day to apply for an absentee ballot for the General Election. Last day for early voting at the early 1-8-208 (3) CRS voter's polling place for the General Election. November 1, 1998 FCPA l-45-108 (2Xa) Fair Campaian Practice Act filin& due. SOS Rule 26. l Covers from October l 5, 1998 tbru October 26, 1998. NOVEMBER 3, 1998 GENERAL ELECTION DAY 1-1-107 (17) POLLS OPEN 7:00AM-7:00PM 12 •· • 0 • , • . ( ]- 0 I• • ]- r~>c;";r ,:\:j\;·: ;·.:--=.:: ·tE'.Vla"fr./~ ···% ,,,. .,;)f?i ~P.liA18~Jllft~t@f$@(i~§~~;;;~;:~~: .. EMERGENCY ABSENTEE 1-8-115 (l)(b} & (2) CRS BALLOTS & ABSENTEE BALLOTS Emergency absentee ballot requests must be made before 5 :OOpm and returned no later than 7 :00pm on General Election Day . All absentee ballots shail be in the hands 1-8-113 (l) CRS of the County Cleric no !Iller than 7:00pm. November 4-November SURVEY OF RESULTS l-l0-102 (1) CRS " 13, 1998 The County Board of Canvassers shall (no later than the 10 111 day prepare the official Abstract of Votes for after the General Election) the General Election and immediately deliver a copy to the Secretary of State. November 13, 1998 RECOUNT 1-10-304.5 CRS (within 10 days after the Last day a ballot issue proponent or Election) opponent may request a recount of the General Election at their own expense. November 19, 1998 OFFICIAL ABSTRACT l-10-103 (2) CRS (16 days after the Election) Last day for County Cleric and Recorder to certify the official abstract to the office of the Secretary of State; Secretary of State shall proceed to canvas the votes of the General Election. November 23, 1998 MANDATORY RECOUNT 1-10-301 (1) CRS (20 days after the Election) Last day for Secretary of State to order a recount of the General Election. December 3, 1998 FCPA 1-48-lOS (2) (a) CRS (within 30 days after the Fair Campaign Practice Act filing due . Election) Covers from October 26, 1998 thru November 27, 1998. December 3, 1998 RECOUNT 1-10-304 CRS (within 30 days after the Last day a losing candidate can request a General Election) recount at their own expense of the General Election. (30 days after the Last day to complete a statutory recount 1-10-301 (2) CRS Election) of the General Election. January 15, 1999 FCPA l-45-108 (2) (a} CRS Fair Campaign Practice Act filing due. Covers from November 28, 1998 thru December 31 , 1998. • • • 13 0 • •• f xi • • • ·, • '· COUNCIL COMMUNICATION Date Agenda Item Subject Proposed ordinance amending the Englewood July 6, 1998 10 a ii Municipal Code regarding Municipal Elections Initiated By Staff Sources Loucrishia A . Ellis, City Clerk/ City Clerk's Office/Election Commission Election Commission Member Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION EMC 1-8 MUNICIPAL ELECTIONS was amended in 1997 by the addition of 1-8-7: WRITE-IN CANDIDATES and 1·8-8: CANCELLATION OF ELECTION. RECOMMENDED ACTION Staff, and the Election Commission, recommend approval of a bill for an ordinance amending EMC 1-8 0 by repealing 1-8-2: VOTER REGISTRATION and 1-8-3: ABSENTEE BALLOTS. Amendments to 1·8· 1 , 1-8-4 and 1-8·6 are housekeeping changes . 1-8-2: VOTER REGISTRATION: This process has changed considerably in the last few years, and with the enactment of The National Voter Registration Act of 1993, we consider this section unnecessary. 1-8-3: ABSENTEE BALLOTS: State Statute provides for this process. FINANCIAL IMPACT None UST OF ATTACHMENTS Proposed Council Bill No. 34 . ( • . .. .. I· • 0 '32xl - • ORDINANCE NO . SERIES OF 1998 • 0 • C. BY AUTHORITY A BILL FOR /{)I. i I COUNCIL BILL NO . 34 INTRODUCED BY COUNCIL MEMBER -------- AN ORDINANCE AMENDING TITLE l, CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO MUNICIPAL ELECTIONS . WHEREAS . the Enclewood City Council passed Ordinance No . 20, in 1997 which amended Title 1, Chapter 8 by the addition of two chapters pertaininc 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 unnece88ary; and WHEREAS , State Statutes provide for the absentee ballot process making Title 1-8-3 Absentee Ballots unneceasary; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ect,jon l. The City Council of the City of Enclewood , Colorado hereby amends Title 1, Chapter 8 . of the Englewood Municipal Code 1985 which shall read as follows : 1-8-1 : ELECTION JUDGES : Judces of~ Mmunicipal elections, CONDUCTED BY THE CITY OF ENGLEWOOD , shall receive 1uch compensation for their service, as City Council shall, from time to time , e1tabliah by motion or reaolution. The judp1 of each precinct shall select one of their number to deliver the precinct's election returm in accordance with the law , and that judce shall receive an additional sum for the performance of such service . l 8 a. JJOTSR RSGISTR.t.TIO~I : 111 aeltlltiea le lhe reri••••lie• eaali111te8 •• the Ci., Glerll '1 eAiee ill the Ci., HaH, lhe Sleelie11 Gammieliea" ••, ,r1,Jlitle 1111h ather rerta1ralie11 faeiliti11 •ii••, fleem all, ieelsle , •• 111eh ether ,i.ee er ,leeea • ii ••J •••• eea eaiea•, MMi le lie epea fer a1&eh periNa af•e ••ii••, 8eem a4,ila~le. The iileeliea Qaaai11i1B -1- • ,. - .. ., •· • 0 . !'"r,~ ~ I • I , -• • • (. shal:l ri, e reaaenahle ftetiee ef tihe leeatien er leeatism ef st1eh z cgietratien places and the ttme11 the same shaH he epen aa ie ma, !leem ad nHhle e, p11hli.eaei11n er ethel"lliee . 1 8 a. ABSF.i~ITF.iF.i BAU,OTS. Prier ee eaeh Mlltlieipal eleeeian, ehe F.ileeeian C11mmts11i11n 11heH de11igMee ehe eleetien j"tt&ges ef enc preeinei wiYml ehe Cie, ie een:mtl aH af ihe aheealee haHeill ease ae 111eh eleeiten. The Celaratle Mllftieipal Kleetieft I:,a1192 in effeet •• Nie •e ef an:, a•eh eleeMeB shall geutf!l l!he me'1,.atl '8 he faHe.,eel ae le eaetiftl, eo1111aiBg, ehaHengtnr, ahjeeeiftg, reeerthnc anS the '811ml ef aeehe •• te aheemee lsaHel anti Ml etlher p1eeetl11res appli.eahle lthe1eN ae• apeeiAeaH, ace fafth hereill ar iB lhe Charier. The easting M lfte haHeti ma:, lse 11paa '8e feee af the , atieg ma eh.ill e is the IMllC 11u1m1er aa if the alsaealee , akr 11 ere preee111, h:, aftt af ehe j1Nl1ea wi•h lhe aaaiaMnee and , eri:Beal!ian ef a11etoher j118re . +-8-+: 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 ehe Cie, an!l Cellfte, 11£ Ben, er at a reasonable rental to be fixed by them. i-8-9: 1-8-3: PUBLICATION REQUIREMENTS : Whenever publication shall be required by the Charter, the Colorado Statutes, or ordinances in connection with Mmunicipal elections or procedure relative thereto, such publication shall be made in the newepaper desirnated by the Council for the publication of other legal notices ofthe City . i-3-&: 1-8-4: RETURNS ; CANVASSING : The returna of all Mmunicipal electione. CONDuCTED BY THE CITY OF ENGLEWOOD, shall be made to the City Clerk. He/1he 1hall be uaiated in the canvauinc of returna by the other members of the Election Commiaaion. No later than five (5) days after• THE Mmunicipal election, the City Clerk ehall open the returna in the preeence of the other members of the Election Commillllion and~ -PREPARE AN abatracta of vote, llll a eeperaee ahee• far eaeh ali:ee . In the event of the inability of any of the members of the Comm.tMion to attend, the returna may be opened and canvaaaed by any two (2) members of the Commillllion in the office of the City Clerk. In the event the City Clerk 1hall be diaqualified or be unable to act. the Deputy City Clerk may lawfully act for him/her and diacharp hia/her dutie1 hereunder. The Election Commillllion shall proceed with the canvuainc punuant to the provision11 of the City Charter and the Colorado ll:IW1telpal Election I.law,. -2- .. •· • 0 ' - ]- • • ~- .. • • ' <. -1-34: 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~: CANCELLATION OF ELECTION: If the only matter before the voters ia the election of persons to office and there are not more candidatee than ofl'i.cea to be filled at such election. includin& candidates filiq affidavita of intent with the City Clerk, if instructed by reeolution of the Englewood City Council either before or after such date, shall cancel the election and by reeolution declare the candidatee elected in accordance with Colorado Election Laws. Introduced, read in full, and paued on first read.in& on the 6th day of July, 1998. Published u a Bill for an Ordinance on the 10th day of July, 1998. Thomae J . Burne, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and foreaoinl ia a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on firat read.in& on the 6th day of July, 1998. Loucriabia A. !ilia -3- -------~-- • . .. • • 0 l • • • t• • • COUNCIL COMMUNICATION Date Agenda Item Subject Bill for an ordinance placing a question on the November 3, 1998 ballot regarding changes to the City's July 6, 1998 10a iii issuance of bonded debt Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this issue at a study session on June 1, 1998. Council gave staff its approval to proceed with placing this question on the ballot. RECOMMENDED ACTION Staff recommends City Council approve the attached bill for an ordinance placing a question on the November 3, 1998 ballot that would change the City Charter Section 110 as follows: ARTICLEX FINANCE ADMINISTRATION PART Ill . BONDED INDEBTEDNESS 110: "fl,e be"ds atlell be 90kt to the higheet mid beat biddera fer eaeh , a"el te the beat adwm,tage of the 6ity . THE BONDED Dl8T 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 COIIPETfflVE BID. The bonds may contain provisions for calling the same at designated periods prior to final due date as City Council may determine. BACKGROUND, ANALYSIS, AN ALTERNATIVES IDENTIFIED Both the City's financial advisor and bond attorney have advised staff to place this issue on the 1998 ballot. If approved, this change will give the City more options and flexibility when issuing debt. 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 Charter. FINANCIAL IMPACT This issue should not have a direct f inancial impad on the City of Englewood . UST OF ATTACHMENTS Proposed Bi ll for an Ordinance •. • • 0 , - ORDINANCE NO._ SERIES OF 1998 • • ·, - BY AUTHORITY A BILL FOR /()1. iii COUNCIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 ofthis 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 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: 110: ARTICLE X FINANCE ADMINISTRATION PART Ill. BONDED INDEBTEDNE 'S BOND SALES LIMITATIONS The he1181 ahaY he eeltl ie the hl1he11 mul l,e1• hielde•• far ea.ah, •• te •he he•• 1111:,aneege ehhe Cit,. THE BONDED DEBT OF THE CITY SHALL BE SOLD IN SUC H 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 proviaions for calling the same at designated periods prior to final due date aa City Council may determine . -I - ,. - • . .. J •· • 0 , - • • • • • • Section 2 The voting machinea, paper ballots or mail ballots for said election shall carry the followmg deeicnation which 1hall be the submieeion clauae: Quutjpp No Shall the Home Rule Charter of the City of Englewood Section 110 -BOND SALES LIMITATIONS of Article X be amended to read ae follows: Tile l,e11911 11haH 1,e 1111W te the hiche• eatl lie• l,illller11 far e11h, eatl te the lte• ell,ea•p ehae Git,. 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 bonda may contain proviaiona for calling the same at dellignated periods prior to final due date aa City Council may determine. ___ Ye11 ___ No 5e!;tipn 3. Each elector voting at 118id election and de1iroua of voting ahall indicate hil/her choice by depreeaing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where uaed. 5e!;tipn 4 The proper officiala of the City of Enclewood 1hall pve notice of ll8id nen echeduled municipal election, such notice ahall be publilhed in the manner and for the length of time nquired by law, and the ballots caat at 1uch election ,hall be canvaaaed and the reault •-rtained. determined, and certified aa nquired by law. Smim.6. Only if the quntion ii approved by the repatered electon of the City of Englewood ahall the Article be amended and the Charter, aa amended. certified to the Secretary of State. 5m;t;jgp 8. If any w:tion, paracraph, clauae, or other poraon of thil Ordinance ii for any reuon held to be invalid or unenforceable, the invalidity or unenforceability ahall not affect any of the remaining portiona of thil Ordinance. Introduced, read in full, and pUNd on fint readins on the 8th day of July, 1998. Publilhed aa a Bill £or an Ordinance on the 10th day of July, 1998. ATTEST: Thomae J . Burne, Mayor Loucriahil A. Ellil. City Clerk I . Loucriahia A. Ellil, City Clerk of the City of lapwood, Colorado, benby certify that the above and foreFiDI ii a true copy of a Bill for an ~. inaollw»d. read in full , and pUNCI on 6nt reacliq oa the 8th day al July, 1911. -2- • • 0 , ]- (. Date July 6, 1998 Initiated By • • • COUNCIL COMMUNICATION Agenda Item 10 a iv Staff Sources Subject Charter Question for November 3, 1998 Election City Clerk's Office/Election Commission Loucrishia A. Ellis, City Clerk/ Election Commission Member Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council met with the Englewood Election Commission on June 1, 1998 and discussed the recommendations of the Commission and staff with regard to the proposed Charter amendment. RECOMMENDED ACTION The City Clerk's Office and the Election Commission seek Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next scheduled General Municipal Election, November 3, 1998, a proposed amendment to the Home Rule Charter of the City of Englewood amending the provisions relating to Initiative and Referendum . With the passage of State Legislation relative to the Election laws over the last several years, we find ourselves in the position of working with Charter mandated timeframes that are in conflict with State Statute. FINANCIAL IMPACT None. UST OF ATIACHIIENTS Proposed Council Bill No. 36 . ' .. • • 0 I ~• ]- • . ' ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 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 time 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 : $ectjop l There i.e hereby aubmitted to the regi.etered electors of the City of Englewood at the next acheduled municipal election on November 3, 1998, a propoeed amendment to the Charter of the City of Englewood, aa follows : 46 : ARTICLE VI INITIATIVE AND REFERENDUM SUBMI~IONS If the petition accompanying the propoaed ordinance ill 1iJned by regiatered electors equal in number to ten percent (10%) of the preceding gubernatorial vote in the city , with a request for a special election, the Council ahall either pua aaid ordinance without alterations within thirty days after the petition ill filed , aubject to the referendum . or call a apecial municipal election, unleu a pneral or apecial municipal election is to occur within ninety days thereafter. At such apecial or general municipal election the Council ahall submit said ordinance to a vote of the electon of the City. If the petition is signed by regi.etered electors equal in number to at least five percent (5%) of the precedin1 subematorial vote in the city, and ill filed with the City Clerk at least •ill., EG9l NINETY (90) day• before any municipal or 1eneral atate election, the Council shall pau aaid propoaed ordinance without alterationa within thirty (30) days, or shall submit aame to a vote of the electors at the next pneral municipal or atate election. If the petition ill not filed with the City Clerk at leut am., Eilij NINETY (90) days before the next pneral municipal or atate election, it ahall be null and void . -1- .. •· • 0 f - ,) • • •, • '· 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. Section 2 The voting machines, paper ballots or mail ballots for said election shall carry the following designation which shall be the submission clause : Que1tioo 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? Yes No Sectjon 3. Each elector voting at said election and desirous of voting shall indicate his/her choice by depresaing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where uaed. Section 4 The proper ofticiala of the City of Englewood shall give notice of said next scheduled municipal election, auch notice shall be publiahed in the manner and for the length of time required by law , and the ballot& caat at such election shall be canvaued and the result ucertained, determined, and certified as required by law . Section.5 . Only if the queetion ia approved by the regiatered electon of the City of Englewood ahall the Article be amended and the Charter, u amended, certified to the SecretarY of State. Section 6. If any eection, parasraph. clauae, or other portion of thia Ordinance ia for any reaaon held to be invalid or unenforceable. the invalidity or unenforceability ahall not affect any of the remaining portiona of thia Ordinance. Introduced, read in full , and puaed on firat reading on the 6th day of July, 1998. Publiahed 81 a Bill for an Ordinance on the 10th day of July, 1998. Thomu J . 8W"D8 , Mayor ATTEST: Loucriahia A. Ellie, City Clerk -2- . ( • . " • • 0 ' -' ,.,.t, I I ]- - • ... • ·, • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of July, 1998 . Loucriahia A. Ellis -3- ' ' ,• ,' I • • 0 ORDINANCE NO._ SERIES OF 1998 • • • BY AUTHORITY COUNCIL BILL NO . 31 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE ENTERPRISE ZONE MARKETING CONTRACT, BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT COMMISSION ("E .D.C .") AND THE CITY OF ENGLEWOOD . WHEREAS , the City of Englewood applied to the Colorado Department of Local Affairs and was granted Enterprise Zone status for a majority of the industrially zoned property and some retail property in 1990; and WHEREAS, the Department of Local Affairs has a competitive grant-in-aid program for Enterprise Zone marketing and administrative support; and WHEREAS, the City has applied for and received this grant for three years; and WHEREAS , such Grant requires a 100% local match; and WHEREAS , the 1996 Enterprise Zone Grant totaled $7 ,000 which helped offset the cost of the Community Profiles ; and WHEREAS, Council passed Ordinance No . 25 , Series of 1997 which authorized the acceptance of the 1997 Enterprise Zone Grant which also totaled $7 ,000, of which $5 ,250 will go towards Business Retention; oriented "Englewood" promotional ads in the Denver Business Journal and other metro area publications; with an addition $1,750 applied to administrative/clerical related expenses a880ciated with the Enterprise Zone Administration; and WHEREAS , the 1998 Enterprise Zone Grant also totals $7 ,000 , of which $5 ,250 will go towards marketing of the Arapahoe County Enterprise Zone via newsletters, maps and advertisements with an additional $1 ,750 applied toward administrative/clerical related expenaes ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectmn 1. The lnteraovemmental Agreement between the Colorado Department of Local Affairs , Economic Development Commiaaion and the City of Englewood, attached he reto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Introduced . read in full , and pa ssed on lint reading on the 15th day of June , 1998 . -I - . , 10 bi .. ... • • 0 ,·,, ' • • ·~ • (, Published as a Bill for an Ordinance on the 19th day of June, 1998 . Read by title and passed on final reading on the &I' day of July, 1998. Published by title as Ordinance No ._, Series of 1998, on the 10th day of July, 1998 . Thomas J . Burns, Mayor ATTEST: Loucrishia 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 paued on final reading and published by title as Ordinance No . _; Series of 1998. Loucriabia A. Ellia -2- II -. • . .... .. • • 0 I I -• 0 t• • (' EDC~ NAA CONTRACT THIS Contract. made this _ day of __ 19JL by aid between lhe State at Colorado ror the UN and benefit of the Department of Local Alfairs, Ecanomic Oevelapment Commission ("E .O.c.,. 1313 Sherman Street. Denver, Colorado 80203. hereinafter referred ID a the State, and City qf Engjpggd, 3400 So. Elati SL Et1gtewood co so110, herainafter relwred to a the Con1ractcr. WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance ther90f remains available for payment in Fund No. !a. Approp. Code .11§.., Org. Unit~ GBL Contract Encumb. No. E8EOC357 ; and WHEREAS. required approval, des"ance and coorcinatlcn has been accomplished from and with appropriate agencies; and WHEREAS. the State desires ta promote economic develcpment in Colorado by assisting local communities in expanding their economic base; and WHEREAS , pursuant to 24-46-101 to 105, C .R.S. 1 S87, the Colcrac!c Economic Development Fund is created. and is to be administered by the Department of L:ical Affairs; and WHEREAS. applications for distributions from tt:e Cclcrado Economic Development Fund have been 1'9Ceived by the Economic Development Commission; and WHEREAS, the Economic Development Comrr.iss;on has reviewed and recommended ta the Governor that the project described in this contrac: be ftnar.ced with a grant: and WHEREAS, the Governor has authorized expendib.;re of money from the Economic Development Fund to finance the project described in this contract; and WHEREAS. the Contrac+.or is an eligible recipient cf Colorado Economic Develcpment funds ; NOW THEREFORE it is hereby a;reed that 1 . Area Covered . The Contractor shall perlom, and aceomplish all the necessary work and services provided under this Contract. as described in the attached Exhibit A. which is incorporated herein and made part of this Contract by reference, in connec!ion with and respecting the following area or areas: Arapahoe County 2 . Scope of Services. In consideratlcn for the monies ta be received from the State, the Contrac+.or shall do. perform, and carry out, in a satlsfac:'.or'J and proper manner, u detem,inecl by the State, all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A. hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shaft not be considered part of this Project. 3 . Responsible Administrator . The performance of the MtVices required hereunder shall be under the direct supervision of Art Scibflli • an employff er agent of Conlrador, who is hereby designated as the acministrator-in-cnarge of this Project. Al. any time !he eclministrator-in-cnarge is not aalgnecl to this Project, all work shall be suspended until the Contractcr uaigna a mutualy acceptable replacement administrator-in-charge and the State receives notiftcatlon of such replacement auignmenl Page 1 of 7 Pages I! )< ... I • I T A •· • 0 , ]- • 0 I • - 4. Time of ?erformance. This Contract shall :::iecome effective upon proper execution of this Contract. The Project contemplated herein shall commence as seen as practicable after the exec.;ticn of this Contract and shall be undertaken and performed in the se«;uence set forth in the "Time of Performance" in the allached Exhibit A. No Economic Development Commission Funds provided under this contract will be expended prior ta the full execution of this contract. The Contractor agrees that time is of tl'le essence in the pe,1'amanc:e of its obligations under this Contract. and that completion of the Project shall cc::ur no !ater than the termination date set forth in the "Time of Performar:ce." 5. Comcensation and Method of ?ayment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed SEVEN THOUSAND AND N0/100 DOLL.AR§ {S7 0001. The method and time of payment shall be made in ac..-ordance 'Nith the "Payn-,t Schedule" set forth in Exhibit A. 6 . Accounting. At all times from the effedve date of this Contrac: unt11 comple!icn of this Prajed. the Contrac:or shall maintain properly s~r~atec :iooks of State funds. matc:-:1r:; 'uncs. ar:c other funds associated with this Project. All receipts anc ex::encitures associated with saic ?rojec: sr.all :ie documented in a detailed and specffic manner, and sr.all acoord 'Nith the "Sud;et" se! fcr:h in :.~r:ic1t A. Contractor may adjust budgeted expendit!Jre amounts :.:c to :en ;iercent (10%) within sa ic Sud;e! ·Nithout approval of the State . Acjustments of bud;et expenditi.;re amour.ts in excess of ten per:ar:: (10%1 mi.;s: be authorized by the State in an amendment to this Contrac: ;irope:iy exec:.Jted and apprcvec pi.;rsi.;ar:: :o :he State Fiscal Rules. In no event shall the State 's total cors:cerat:cn exceed the arr.cunt ;.:cwn :n ?ara;:-aph 5 above. a. Unless otherNise provided in this Contrac:. if :xr.1c it A provices for mer! :.":an one ;:ayment by the State, the initial payment set for_-. :n :he ?ayment Sc:iedule shail ::e mace as seen as prac:icable after proper exec1Jtion of th is Contract. The Contrac:cr shail ir:itiate all subse«;uent payment rec;uests by subrr.11:ir:; dcc:.Jmented proof of proper ex;:er:C:in.:re of State funds thus far received to a cor:trac: monitor desi;nated by the Sta!e . b . The Contractor shall rec;uest the fi!li! :ayment, whic.'1 is the amount w i!.'".i':e!C: !:y :t:e State until the ?rojec: is comple!e, fer the Frc;ec: =Y submittins; to :tte co ntrac: .~cnitcr a C:e!ailed cost accounting of all State funds receive~ and ex;:ended towarcs comi:;le::cn of :t:e =rej ect. Upon determining to its satisfac:ion !ha: all rur:C:s received by the Cor:rac:cr have :een property spent towards accomplisnmer.r of :tte Projec:. the State shall ;:rcmptly :r.ake l'inal payment to the Contrac:cr. c. Within ninety (90) days of completion cf the Prcjec:, the Contractor s:-ail submit :o the contrac: monitor a detailed cost acecur:tir:g of ex;:enditures of the l'inai ;:aymer:t received from the State. Any State funds not ex::enced 1n connection w ith tt:e ?reject sr.all be remitted to the State at that time. 7. ~-The State or its authorized representative shall have the ri ght to ins:ec:. examine, and audit Contractor's records, books and accounts , inducir:g the ri ght to hire an ind~der:: Cer.:11.C: Public Accountant of the State's choosing and at the State's ex;:ense :o do so . Such discre!icrar1 auc!it :nay be called for at any time and for any reason from the effec:Jve date of th is Contra<:: until l'ive (~) yurs af.er the date final payment for this Project is received by the Contractor, provided that !he audit is ;:e~ormec at a :ime convenient ID the Contractor and during ~ular busin ess hours . Whether or not tt:e State calls tcr a dlscretlona,y audit as ;>rovided for in this p~raph, if the Projec: is accomplished within a sini;le !'!seal year of ltle Conlractor, the Contractor shall, at the conclusion of the Project. and in addition to any other reports raqunct, submit a report and auditor's statement of tr.e Project account to the Econcr:-:ic Cevelc:pment Commiasion in the Department of Local Affairs . Such report shall be ;>repared in conjunc:icn ·Nith Contractor's r9gUla-yuny audit, and must be submitted within six (!) months after the c!ose cf r.e then c:mw,t Connctar's flscal year. Page 2 of 7 Pages •· • C ' ]- " ~ • 0 i "' • • 8. . Personnel. The Contrac:or represents that he has, or will sec..:re at his own expense. unless otheiwise stated in Exhibit A. all personnel, as employees of the Contrac:cr. necessary to perlbnn the ·NCrk and services required to be performed by the Contrac;+.cr under this Contrac:. Sue:, personnel may not ::ie employffS of or have any contractual relationship with the State and no suc:."1 personnel are eligible fer any employee benefits, unemployment compensation or any oltler benefits ac::orded to state employees and Contrac!or agrees to indemnify the state for any costs fer which the s:ate may be found liable in these regards. Contractor shall pay when due all required employment taxes anc inccme tax withholding. All of the services required hereunder will be perlbrmed by the Contrac-.cr er under his supervision, and all pet$onnel engaged in the work shall be fully qualified and shall be authcrized under State and local law :o perform sue:, services . 9. Workmen's Compensation Coverage. The Contractor is res;:cnsible fer providing Workrr.en's Compensation Coverage and Unemployment Compensation Coverage ~er all of its employees to the ex:~t 1'91.uired by law, and for providing suet, coverage for themselves, and for ;:rcvicing such coverage or r~:.:ir.ng its sut:c::n1ractors to provide sue:, coverage for the subcon~or's er.".;:ioyees. In :io case is tt:e State respcnsible for providing Workmen's Compensation Coverage for any er.-:ployees or subcontrac::rs :f Contrac:or pursuant to this Agreement. and Contrac-.cr agrees to incemni:'y :r.e State ~or any :osts fer 'Nr:ic:-: the State may be found liable in !his regard . 10. Termination of Contrac! for Convenience or ;:the!' Partv . E:tt:e, :.'-.e State er the Ccntrac::r :-::ay terminate this Contract at any :ime the ;,arty determines :nat :he purpose :f :r.e Ccntrac: 'NOuic r:c lcr:;er ::e ser,ed ::iy completion of the Projec:. The ;,any ces ir.ng to terminate !t:e C.::-:::-ac: sna il e~ec: s.:c!': ter.r:ir:atc:-: by giving written notice of termination to tt:e other ;:,arty and specify ing th e e~ec:ive ca:e :t.erecf. at !eas: :.'-.:r.1 (30) days prior thereto . In that event, all :'inis:ied or unfinished doc:.imer:s ar:c:: other :-naterials shall. at :!":e option of :tie State, become its property. Contrac:*.cr shail repay fur.cs ac::vancec and net ex;:er:c:ec :r: ac=rdance with the terms of this contrac:. Contrac:*.cr shall not be relieve,: cf ar:y otli gatior:s :o re;::ay \::-:cs advanced as a loan, notwithstancing any termination of the contract fer ::r:·,enier:ce. 11 . Termination of Contrac; for Cause: Reoavment cf A¢yance¢ F;;r ;s a. If, through any cause. the Contrac:cr shall fad to fulfiil r: a !ir:-:e!y ar:c prci:;er mar:r:er ;15 othgaticns uncer tt:1s Ccntract. or 1f :t:e Contractor shall violate ar:y :f :t.e coverar:ts . agree!'T:er::s. er s:¢ulaticns of ttiaa Contract. the State shall th11'91Jpon have the n;ht :o :er.::r:ate :t11s Contrac: •er ca.:se :y giving wntten notice tc the Contrac-.cr of such termination and spec:fy 1r:; =-:e e~ec:ive cate :herecf. at ·eas: five (5) days befcre the effec:ive date of suc."1 termination . In that event. ail ~r:isr:ed er ur:fin1shed dcc:.;rr.er::s . data, studies. sur,,eys. drawings . maps. moceis. photcgraphs. media c::r.:-ac:s ar:d re;:crtS or ether mater a ! prepared by the Contrae:er under :t11s Contrac: shall. at the option of the State, bec:::rr.e its prci::er:-;: ar:c :t:e Contrac::or shall be entitled to receive just and ec;u itable compensation ~. ar:y satisfac:ory 'NCrk ecn-:pietr- on suc:."1 doe:Jments and omer matenals . b . Notwithstanding :tie at:ove, the Contrac:or shall not be re!:eved of liat1lit'/ tc tt:e State ~r ar.y damages susta ined by the State ::iy virtue of any breact, of the Contrac: ~'.' :r.e Contrac-.cr. and tt:e State :nay withnold any payment to the Contrac".cr for !he ;,uri,cse of setoff until s:.;c:, :ime as :tie exact amc.:r:t cf damages due to the State from the Cor:trac:or is cetennined . c . If funds have been advanced to the Contrac .. or, Contrae:cr shall re;:ay such funds :o :r.e extent they are not expended in ac:ordance with !he terms or this contrac: at :he tir:-:e of terminaticn . 12 . ~-The State may. !'rem time to time, requirechan;es in :re scope of sel",ices oftheCor.trac: ID be performed hereuncer. 1-towever. this Contract ii intencec as tt:e comp lete integraticn of all understandings betWNn the parties at this time. and no prior or ccntemi::crar.ecus adcition, deletion, or other amendment hereto. including any incrau or decreue in the amount of :r.cnies to ~e paid to the Contrac:cr. lhall have any b'Ce or eff9d whatsoever unleu embodied in a written c::ntrac: arnen~t incoll)oradng such ctian;es executad and approved pursuant ta ltle Stare 's Fiscal Rules . Notwithstanding ltlis p,ovis,on, chan;n in !tie time of perlormance may be agreed to by lettar if so provic:ed 'or in Exhibit A. and connc:cr Page l ofT Pages • . .. ., • • 0 , - • • ,. - • , . • '· may make adjustments of Jess than 10 percent in budget line items as provided fer in section 8 of this Contract. 13. Bmzmll. N. least two (2) copies of au reports prepared as a result of the Project will be submitted ID the Economic Development Commission in the Department of Local Affairs within two (2) weeks of completion of such reports. 14. Confflct ot interest. a. No employee of the Contrac:+.cr shall perform or provide part-time services fer compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractcr under the authority of this Conlract b. The Conlractor agrees that no person at any time exercising any fundon or respcnsibility . in connecton with the elements of this project that are 1'nanced with State funds. on behalf of the Contractor shall have or aCGUire any perscnal financial or ec:onomic interest direct er indirect. which will be materially affected by this Contrac::. except ta the extent that he may receive c::impensation for his performance ;::,ursuant :o ~is Contrac::. c. A personal financial or economic interest inc!uces. but is not limited to : d. i. any business entity in which the person has a c:irect or indirect monetar/ :n:erest; ft. any real property in whic.'i the person has a c:irec: or indirect monetary interest; iii. any scurce of income, loans, or gifts recaived by or promised ta the perscn with in twelve (12) months prior to the exec:-.Jtion date of this Contract; Iv . any business entity in which the perscn is a dinlctcr. officer. general or limited par.ner, trustee, employee, or holds any pc,s;ticn of management For purposes of this subsection, indirect investment or interest means any inves:ment or interest owned by the spouse, parent. brother. sister. son, daughter, fatt:er-in-law. molher-in-:aw. brother-in-law, sister-in-law, son-in-law . or daughter-in-law of the person by an agent on his/her behalf, by a general, limited. or silent partner of the perscn, by any business entity controlled by said person, or by a trust in which he/she has substantial intarnt. A business entity is controlled by a person if that person, his/her agant. or a relative as defined acove possesses more than fifty percent (50%) of the ownership interest Said person has a substantial economic internt in a :rust when the person or an abovHeflned relatlV9has a present or future in..,...tworth more than One Thousand Dollars ($1,000.00). In the event a conflict of interest. • described in th is Paragraph 14, cannot be avoided without tn.Jstrating the purposes of this Contrac"~ the ;::,erson involved in such a conflict of interest shall submit to the Contractor and !tie State a full disclosure stalafflent setting forth the details of sud'I conflict of intetelt. In cues of extreme and unacceptable conflic::s of lnterat. u determined by the Stata, the State ,....,.,.. the right to tarminate the Connc:: for cauu. u ;::,rovided in Para;rapt, 1 1 above . Faiure !O Ille a dlsdOSU1'9 statllment required by this Para;raph 14 shall constitute grounds for termination cf this Connet far cause by the Slam. 15 . Cqmplw gwll] Applk;lblt Laws . At III limel during the pe,formm dlllil Contract. the Contradcr lhal llrtclly adher9 lo II appllcable l'9deral and Sia laws ltlat have been or may ,,.,.._ be ~- ' ... ~ • . .. ' . • 0 , I -• • • '· - 16. Subcontrac:s. Copies of any and all subcontrac:s entered into by the Contrac::cr :c ac:omr:lisi'I this Projec: 'Nill be submitted to the Oepa'11'nent of Local Affairs upon exec.Jticn. Ally and all c::ntrac:s entered into by the ContraC::or shall comply with all appticacle federal and Colorado state laws and S."".all be ;ovemed by the laws of the State cf Colorado notwithstanding provisions therein to the ~ntrary. 17. Severabilitv . To the extent that this Contract may be ex1Ct.1ted and porformanca cf :he obli;alions r:I the parties may be aa:omplished within the intent of the Contract, the terms cf this Contrac: are severat:le, .,d should any term or provision hereof be dedared invalid or become inoperative fer ar.-1 reason, such invalidity er failure shall not affect the validity of any other term or provision hereof. The war , er of any !::reach of a term hereof shall not be construed as waiver of any other term. 18. Binding on Suc;cessors . Except as hnn otherwise provided, this ageemer:t s.-ail inure :c :tie benefit cf and be binding upon the paties, or any subcontrac::crs hereto, and :heir respec:ive suc::esscrs and assig,s . 19. Assignment. Neither party, nor any subc;:)ntrac-.ors hereto, may assi;n its ri;hts ::r ::.ties unc:er :his Con~ 'Nithout the ?rior written consent cf the other party. 20. L:mitation to Particular Funds. The parties hereto expressly reco;nize 1'1at :t:e C.:-::-ac::cr :s :o :Je paid, reimbursed. or otherwise compensated 'Nith funds ;:,rcvided to the State 'er :t:e ;;ur;:cse of c::r:ncr:g for the servicas ;:,roviced fer herein, and therefore, the Contrac::cr expressly ur:cerstar:c:s a.-: a;rees :"':at all its ri;hts , demands and daims to compensation arising under this Contract are cor:t:r:;e,: .::on rece ,:;:t cf such func:s by the State. In the event that such funds or any par: thereof are ~ct receivec : :' :he S:a:e. :he State may immediately terminate this Contract. 21. Minority Bysintu Enterprise Partic:cation. It is the policy cf the Sta!e of Colcra-::: that :-r.:r:cr.ty business enterprises shall have the maximum practicable opportunity to par:ic:;:ate in :he ;::e-·ormar:ce :f :ts conatruc:ion grant contracts. The Contractor a;rees to use its best 9"orts to car.y out :his ;:c. · =-1 to the i.;des: extent ;>rac:icable and consistent with lhe efflc:ent performance of this Contrac::. As used in :-.s Contrac-~ tt:e tarm "mincrit'/ business enterprise" means a !lusiness, at least 50 percent (50%) cf wr :.-1 is cwr.~ !ly mir.ority ;rcu;> members or, in lhe case of public!y owned businesses. at !easts: ;Jercent (:·.,•)of :he s::d( ofwhic.'i is owned by minority group members . For the pur;ioses of this defin,tcn. mincrit'J ;:-:up me~::e!"S are Ne;~ces or Black Americans. Spanish-speaking Americans. Asian Americar:s. A.-er:can lr:c::ar.s. American Eskimos and American Aleuts. The Contrac-.or may rely en writter. rer:resenta::-:s by bic:e!"S, contractors. and subcontractors regarcing their status as minority enter;:r.ses and n~ -ot ccnc:.:c: an independent investi;ation. 22 . Parties' Ra4ationshic. Except with respect to its llduc'.a,y obl~aticns :o :he State se: 'orth in E.1.-:il:it A. the Contractor shall not be deemed an employH or agent of the State. No a;er.: =~ emplcyH of Contrac::cr shall be or shall be deemed to be an employ" er agent of the State. other thar ":Jr purpcses of compliance with the fiduciary obligations to the State in Exhibit A. Contrac-.cr will !le sc e . y and en:nly responsible fer its ac:s and the acts of its agents, employees and subccntrac-.crs during the :erlormar:ce of this contract Pap5of7Pages . -; ·~ r, . ' • . ... • • 0 I - • • • 0 : . • SPECIAL PROVISIONS CONTROU.!R"S APPROVAL "'~ 1. Thia ccnnc s11a11 not a d....S valid urilil it snail haw ba'I aDIIRMd tiy 1lle ~ of Ille Slam cf C:lc:rxo or sud! aaillan! • lie may~- Thia l)IQViSlon is agpoic:acle ID any ccniract im,olving 11,e ~ of ,-.y tly Ille Sta111. FUND AVAILABILITY 2. Financ:al CC%adcns of 11,e Sia• of Ollctada payable aftw"• CllTWII fllc:al ywaw ~t uc:cn fl.ncs ~"81 ~ being aggoogr-.s_ ~ 11111 OIIWMse mace availaele. IOND REQUIRE!llENT 1 If 11,,s c::nnc:: :nvotves 11,e payment of men !!Ian llfty 1ICusand ~ rar 1lle c:anstruc::ion. erac:cn. :wc:ait. main...,,c:e. or i~t of any tlluoldln9. .-. :ine;e. ·naduC::. !Umel. excavation or allW puejic ._ !al' lllis S... Ille c:onnc:or Sllail. ::efclw .,111mg upan Ille gabmanc:a of any suc.'l WGII inducec 'n ,a ccnnc. dUly uecuta and deliver ID Ille Sta111 cftlc::al wllCI wil si;rl 1lle cannc:. a ;ccc ;r.c sufllcen1 !)and or OIiier ac:c:aplallle surety ID lie aoe:n:,,ee, :,y said offlc::al in a penal sum not ?-ll!an cne-nad of 111e IDtal -.nt payallle tiy ,,. :r.,,-.a cf 1IIS ccnnct. Suen :)Qnd Sllall ~• duly -:,Y a c:ualifted =rata surety. conditioned ugan :r.e !aatl'lful i:,erfarmanc:a of 111e c:nnc:: anc :n ac:i:!cn. snall provide 1llat if :lie connc::cr er hos ~ :'ali :c c:uJy pay fer any latlOt. matenals. -nn. susananca. ;:irovilions. i:wavenocr er clller suc:lies used or consumed tly sw:i, c:nnc::r or 1111 suc=nnc:cr :n ;,em::,manc:e of tile war1< ccnnc:ad :c =• c:cne or !'alls ID :my any person wile si;:cfies ,n:aa mac:,...-y. !Deis. er ec:uioment :n :l'!e ~acn cf :l'!e ·i,crl< "• surety ·Mill pay ll!e same in an amcunt not uCNdlng !lie sum ~ in :ne :c:,c. :c;etllll!' ·Mitt, in-at "9 ~• cf ei;nt per cant ;:er annwn. Unless suc.'l ocnd is execulad. detiverec and !llecl. no cia,m in ~ of :ne c:::r.nc::r ans,r.; uncer sue:, ccnnc: Sllall 1:e auciteo . lllaW9d or ;:a,c . .i. cenifted or cashier's cnad< or a bank mcney orc:er ;iayable :o Ille Trusurer of tile Slate ~f :::,c:~c:o may :ie ac::ei:ac1 :n lieu of a :enc. Tiu ;lnlVislcn IS :n =mpiianc:e •Mtl'I CRS J8-26-1C6. INDE!llNIF!C.i. TION 4. To ir.e er.ant aul!icrized :,y law. tile ccnnc::cr Shall inC:r.r.n,fy , save and held harmless :r.e Slate . ·ts •r,,::c:,ees and ~ants. against any and a,1 c:a ,rrs. clan'.ac;es. !iacdil'/ inc: ccurt awarc:s induding CQSts. expenses. anc atlcmey ~ ,nc:urreo as a -.s~:: :f any .c:: er ornossicn by ~• c::nnc:::r. ~r ,ts emglcyees, a<;e!'::s, sut:ccntrac::ors. or assi'"ees pUISuant :o :Ile :arms of :nos i:=nnct. DISCRIMIN.i.TION AND AFFIRMATIVE ACTION 5. The =n=r ~ !C comply witll !tie lellll!' and scuit cf :lie~ Antldisc:iminatlcn Ac: :f 1!i!7. as amended. and ctr.er agpficac le 'aw ,-gedr,g cis=T:1naticn and unfair emptoyment prx:lc:e (~S 24-34-IC2). and as r9CUQd :,y Esec.;::-.e Cn:er. ::..al 0~ and Alllrmative ,.i.,:::cn . daac:I A;int :e . 197~. P~rsuarrt ttre,wto, tire /bl/owing prcvis;cns S/11111 be contained in w, Slam c:cmrac: ::r s~tx::ntrat:ts. (a) The i:=nn=r ·.,;n nctdisc:iminata~instany tmi;:lc-/ff ::rac:i:lic:ant~err.oloyment:ecause :f racs . :,ee. :=lor. natlonalon;,n. sex.~ s:a!US . rwi!;,cn . r:n:r,. :r.ental or ;:hysc:al t,ancicag, or a;e. The =nc:cr ·Ml 1a1ce afflmo.alive adcn :i:, insi;:w ::-.at ac::ic:ant1 n emgjoyed. anc: • e,r,ctcyees n ll"Htr. :ur.r.; emiileyment. wiltlout rwgan:s !C Ille abcve menticneo c:t,arac:ansllcs. Sue:, ac::cn s.~au .nc~C:•. but nc1 :ie limitad :c Ille !c1lcw1n;: emglcyr,,es~ ~;. demcticn. or nnsfer. rec:uilment :r rec'.Jilrr.ent ad\tel1illr9: lay~ er :am-,.na:cr.s: -a:u d pay er Olhet' (QrlT,s of canger.sa~cn : ..a setec::cn fer 7ainong, inc:!udn9 apgrenticanip. The =nnc:cr 1g9a ID past in ccnspiaioua placas. availa=:e:: employNs and llllllieants uemi;lc:yr,,ent. notlc:as !C :e ;n:v,c:.C: ~Y tile ccnndnQ officer setting l'ortn i:rcvosicns af ll'lls r,on-dlsc:iminatlon ::a.se. (ti) The =:nnc-.::r ·Nill . in all sclictadons or advertisements fer emi:lcyees ~laced~ or en benaif cf :-:e :r.nc::r. staa '1at al qualifted apglicants MIi recer,e =s,ceraacn ~r employment witllcut '9gal'd IC ~ce. creed. c:olcr, natlcnal origin. sex. man:ai s:arus . ,wii;Jon. anc:as11Y , mental or ;)Mys ;cal ltanclcap . er a.;•. (c) The =:ntrac:::r ·Mill send IC uC:, labor union or -•ntadve at ·-11n with wt,;c, he Ila a c::il.CV• :ar;a,.,;ng .-1 or ott,., ccntrac: :r undnt:anC:ir.;. ,cdc:e :o :,e ;:rovic:lld ~Y !tie ccntradng cfflcar, ~ il'le lalXlr union or~· rr.-.:allve of Ille ccntrac=l's c::mnwnent :JnCer lie Esec:Jtive Cn:er. !:uaJ 0pl)Ol1Ullity and Affirmative Ac::cn, dal9d Apnl 18, 1175. and of Ille~-,._~11acna. and reie,,ant On:en of Ille Gcve<r.cr (dl The ccnn=r and labor unions will rumiall all infarmadcn and rel)Cnl rwquired tly Esecullve Orc:er . !;,.;al Ci:cc,IUnlty and AlllmmM Adlcn cf ,.cnl 16, 1175 . and :y "• !\lies. ~latlons and Orc:n of tile Govemcr. or punuant :ner.111 . and w,1 :...,..1 ac:as :o his booka. l'KOlds. and ac:=un:s :y lie connc::n; a;ency and :!'le office of the Govemcr or nis eesig,N fllr ~ at investlgaticn ::: uc-.,, ccmplianc:e witll suc:, rules. ~latcns Ind OR!ers. (e) A later cr;an,:a~cn will net udude any individua otl'I-QUalitled frcm l\111 memllersll1p n;.-:s ·n s:.C:, labOr ori;anizallon. or espel any s1:c:!, ~ '1:m memcersnig in sucn labor ~ticn or discmnal9 againsl any of its r.....c.s in,,. \:II r.;cyff'..,,t of WCl1c opponu,,ity. ~ cf -aca . Cl'Nd. cctcr. sex . national cri;,n. or ancestry . (fl A !acer cr;arozaacn . c, :ne employws or membn lllelwcf..,. net aid. lllel. :ncta. CClff"C)el or c:cen::e ~• ~cir.; cf any ac: dfflled in ll'a ccnnc: :c ea ds- amnaic,y c, ctstNC: or ;:n,,ent any i:,erscn frcm OOff"4liying 'MIi lie ;i,a,,lllcna of llloa connc: a, any :n:er :....a ~ or~..,. dndy er n:ndy. :c c::mmrt any ac: <:eflned in .. connc: II) tie discfflina1Cty . P~e ~ ol_7_ Paga • • . • • • C , • • • . . lal tn Ille -al IN cannc::cr's non-cornpjianCa will Ille -....u~ •• .-.., cia.. al Ilia cantrlCI 0// will any Slldl rulea. ~ OIi ans.rs. !Ills CDlfte:lnw,ae-. -·-ar-,cled in wllellearin oa,tand Ille ~maylleGadarad ~ l'arfla1ll«Slallc:annc1S in ac::canlanca wil'i ~. Ubanzlld in Eaacutlve Oraar. Equal~ and Mlnnall,,e Aclla.l a1 Acllll 11. 1m. Oii 11'1' nilN. ~ oranMrs ~ in accansaNa l!leraMII. and sue:, atlw sa1dlcN • may tie impaad and ....... • may tie ilMIUll a llftl'licled in l!acutlWe en.. Equal Oopariuniey and AllmwMI Acllorl al Apnl 15. 1975. Cli' ll'l' ~~or anMrs P"lfflUlllllld in -.....-a IIWNilll. or• allWwiM providad 11'1' law. (Ii) Tbe~wilindude Ille~ al~jl)llftlugll (ll)in ~llil><alnc:tandllb:aallac:ea. pun:fWOidlr ..... aanptad llyNles, ........ 0//anMfs ;_,. punulffl IC e.-iM Onllr, iqial ~ and AamalMAcllall "Acllil 11. 1175. ID lllltllldl prUlliliaN will tie llindlng IGGII --...,,.,.. or -,cc,. Tllll cannc:mrwil-. IUCft 11::111111 will .....-ct• any ....._ihCIIIQ OIi IIWdW Oidlr a Ille QllllftCialg aganc;-1 may dna. •• -"anb'Cll9 IUdl p,oviliana. inclualng ....... ._ ......... pnMlad. ,-, ... in .. -----=r" llecarNI ~ in. aria llnallllal willl. !i11;111an. will Ille 11111 a •w or...-..• a.-ilaflllCftdnc:llcil 111' INCCill'adlnO agency, Ille CClllacD'may l9qUeSt .. SIMI al Calcradc 1:1 anw in1L IUdl 11t1ga11an 1:1 ~Ila.._ al !tie SIMI" CGllndc. COUJRAco I.MOR~ IL ~ of CRS S-17-101 & 102 far ~ al Colclalo llllar -llllllimllle IC Ilia ccnllCt if pullllc -91:1 willin !tie SIiia -undenaken ......, and .. llnanc:ed in wllcie ar in pa., lly s-finis. b. 'Mien a CC11AUC11Cn c:cnnc: !or a public ;irajecl ia ID tie~ IC a bidder, I raiclenl llidCSer 111111 tie allowed a gra(ww.lCI lglilllt I l'IIIIMeaidail bidder lama-crfnign c:cunr,~ 10 Ille ~glllell arl9qUi'IGt1y 1t1e111aarflnql ccw,sy in""*21 Ille na.M · 4biddlriaa,..., ,r1t1a detarmined 111r 111e a11c.-.-.. rar ~ 1t1e bid 11111 CCfflDlllncl w.11 lhil 1UONc::1an .oe may _ _.. al l'elleral 1U1m "'*"-*' allnile t1e .-.... ar-.ld ..... lie inc:cnmalr ·MII ,.._a alFednl w. '* aillleClan 111111 lie IUIDIIIClell. 11u1en1y 1:1 ltle _.~ 11..-ildenial al :tte fflLIIIYS ar IL eimllala Ille inCCl-laliC'/ ...a, F-.i ,___ (CRS S-19-101 and 102). GaeM. 7. Tllll lfts al Ille Slall al ~a and rules and r9QUll1lan8 iaaled ;IUlalMt -.izi 111111 tie ICDlild in Ille ~. -.Ian. and lflfQn:emer.t af lllia c:cnnc. My~ al !ms ccnnc: wlletlw r, ncrinc:apnlad h.-i lly ,..,.,._ wllicn pra,,ldes !'or ani.ntcn 11y any an-jucllcal IICcly ar ;:en.:, ar'llllicll ia all9fwiN in ccmlct ,.;a, Slid'-· n,Jes, and~ 111111 tie~ nul -.aid. Haling mnllined :n any lllawil.cn ~ lleretn IIJ191nnca wllich pwi,ana IC ne;ate !lld ar any atlw lll9CII pravilion in wnc1e ar in ;:an 111111 lie VIIICI ar • .to lllle ar .....ale in any IClan •!aw,,,,_., tty wy al CCfflDIIIIII. ~. ar :G'lerwiH. Nl'f :,raviacn ,-e,ea nul and vciCI ::., :ne apelll1ICn al ll'iia ~ w.a !'IOI ffilliClla Ille ~ al ::i ,s a:nnc: :a 219 _, 1111 :ne cannc: is caoable al ..adlcn. 8. At all limes ~G Ille i,e,fcrmanc:e af ll'lis ccnnc:. Ille Cannc:cr lllall Slndy adh.,. :a Iii IPl)llc:lble fwdn ~ SIiia laws. :ues and ~liens :!lat .... been Cl' may heruflllr :le Nlll:lisMC. 9. Pursuant :a CRS 2'-30-202..& (as amended). 111• Slate canll'Cder may ·Nitllncld deolS awed IC Sla1a ar;enc:es uncer :ne .....:er~ inwceot sys:1tm fir. (1) UllpllCI c:uld suppcndellr er c::,dd suooonanura;a: Cb) unlllid blilnca of tu, ac:=:Ned in-arOlller~ IP9Cifted ,n Mice :?2. Tille 39. CRS . (c> unpaid IClnS due IC Ille srucent loan aiviaicn ol Ille deoartmenr of r,v,er educa1icn : (di awed amcun11 rwQUlt9d IL :ie !)lid IL Ille -OIOyment CQmOWISIII0.1 !\Ind: and (e)otner Ulllllid =-ow ~G :a Ille•• arany a;er,C'/ iri...ot. :tte at-.n1alwllid'i ia rcu,,c: :a :eawin; a a ....itofflnal aG91JC:-/ dellminallan 0/t IWduCld IL jUC:;eme,il IS cenlllecl lly Ole canlrQller. 10. Tllllli;nal:lries....,tr111::,ey-familllrwitll CRS 1e+J01, 1t. sec: .. (8nte,yand ~t 1nau.nc:a)and ~s 1e-&-401, er. ac; .. (M:uM cf ?ucli c Ollc:e), and 11111 no vicluan al sue:, ;,ravillOnS is ;naenr. 11 . TIie ligna!Cri• aver lllat IC tt,e;r knawled;e . no state employ" has any ;,eBCnaJ or tlenefldal in-w111-in Ille...,_ or ~I descr1lled llerwin : IN WITNESS WHE!~EOF . the ~ln1H heralC have execulad 1l'lis Conrrac: an ll'ie <:ay firs: abo"9 '#lttlan. C=i'inc::ir. er.:· OF DiGLE\VOOD Tbornas ,T, Burns Posillcn crit1e 1, ____ 111 .... a ... y ....... o .... c ____ _ ............................... (ff Colparaion:) ADISl (Sul) ly ________________ _ Loucrishia A. Ellis, Citv Clerk l'l'f~O l"OfW C~CT REVIEWER 57;. TE OF C~ORAOO ROY ROMER. C.OVl:Jl."'iOR IY------------------ For tbe EJae.lTM ~. Jc::y Smith OE,:SAftTME'(f OF _____ ..,L .. PCJl-.. 4,,.!faa..,. ______ _ Cllffard w. Hall 1y ______________ _ ltONMlncA.- ..... L llflldl•-•rt1..:L ...... . , • • 0 . -... [. I • -• • - .. EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • • 0 • ,- • • ECC#357 IExHIBrT A Colorado Economic Oevelopment Commission SCOPE OF SERVICES 1. Prat,st Qncription and R,aulmn,nts The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone au. These funds shall be used for the purposes of promotional activities that will market and adverlise the advantages of locating a business in the contrac::or's enterprise zone .... ante a positive identity for the enterprise zone area. encourage retention and expansion of existing businesses, promote redevelopment. expand the region's tourism industr/, attract new businesaes. and generally enhance the economic growth of :r.e antarprise zone area. Such ac:lvities shall include lt1e ;>reparation, prcdt.:c::ion. and/er distribution of market research, printed materials. dired mail campaigns . print media acvertising, trace shew promoticns. special events. direc: business prospec visitation, and other c!osely related ac:ivities . No more than 25 percent of these funcs may !le used to pay for contrac:cr's acministrative er staf. ::s:s. Contractor may allocate funcs to one or more s~ntrac:".crs involved :n ;,remotion and eccncrr.ic development ac:ivities in :tie enterprise zone . Contrac:cr shall ::ie ~pcns;ble for ensuring anc: documenting the expenc:iture cf the rec;uired local matching func:s ::iy CcntraC:cr er ::,y its subccntrac:crs. The contribution from the Economic Oevelopment Fund under :his Contract shall not exceed the amount of local matching funds expended on this project or SEVEN THOUSAND gg1w, rsz 0001. whichever is less . All projed costs in excess of this amount will be the res;:onsibdity of the Ccntrac:cr. Contractor shal matci E.O .C. funds used on 1hia projec: with at teast a dollar-for-dollar cash mate., from local sources . Local expenditures on en1llrpriM zone marketin; prcjec:s inCIJmtd prier tc ~e elfec::ive date of this projec: ::iut subMqUent tc July 1. 1997, may ::ie ccuntec ~ the matchins; funds requirement. provic!ed that suet, expenditures have net ::een used to meet ether SUlte ccntrac:ual matching fund rec;uirements . 2. Drn• of Ptd9rnJanc, The Project shall commence upon execution of 1hia Contract. The Contra«:: will expire on June 30 . 1999. except that the Contract may be exUlnded a maximum of 12 months subject :o the mutual agreement of the State and the Contractor. A l'9qUest for extansion by the Contrac::cr shall be submitted to the State at least 30 days prior tc lt1e expiration of :t,e Contract with a fuH justiflcatic:n fer the extension request EDC I 317 • Exhibit A flagetof2'agea ---·· . , .. • • 0 I • ... • t• • 3. IYd5m REYENYE E.D.C. Funds $7,000 Mar1cat RII I cl'l, Publcalialll. MdilltilG, $12,250 Special ~ and Dhct MlrUllng far .. Anpal'loe COll'4y Esdarplile Zane Proc,wn Local Funds 7,000 Zane Ad11i11illraaa11 1,750 TOTAL: $14,000 TOTAL: $14,000 I. $8,000 Initial payment ID be paid upon raquat t,y the cantracb fQllawing the executlan of ttliscannct. II. 1,000 F'NI ;,ayment ID be made upon sallsfac!al y ccmp6e!ian d the Pro;ect. The Contrac:cr wil submit • llnal llnanc:ial and narrative report documenting the expencitin of al E.D.C. funds far wtlid'I payment has been l'9qU8Sted and af matd'lir.!i local funds. $7,000 TOTAL Requests rar payment wm be initlatad by ._ Contradlar in accardanCe wilh the provllianS of P•agraph 8 d the main =«!y d thia cantract. s. llonltpdna 8. 8fportlnq ScbfdYlt The Contractor will submit an intarim flnanc:ial and narTallve report praper1y ~ all expenditures of e.o.c. flJr.ds at the t1me intarim payments ... requeac1. The cantradDr' .a submit• ftnal tlnancial status repcr: :,roperty dac:unw!llng al expendllur'a d E.D.C . flM1da at._ time the ftnal payment ia ~. in ac::oidaa wilh ._ payna,t schedule. IDC I 311 • lllhlblt A ..... 2of2,.... -~---- . . .. • • 0 - ORDINANCE NO ._ SERIES OF 1998 • • ,~ • BY AUTHORITY • COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTA TION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO WHICH PERTAINS TO THE DESIGN OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD. WHEREAS , the City Council of the City of Englewood passed Resolution No . 3 , Series of 1996, which authoriz.ed the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS, in 1996 the City of Englewood's application for this project scored high base d on the criteria used by the Denver Regional Council of Governments (DRCOG); and WHEREAS, DRCOG approached the Cit,y with a choice of funding this project or the previously approved US 28S/Broadway Interchange and the City selected the US 285/Broadway Interchange project; and WHEREAS , in 1997 the City initiated the South Broadway Corridor Action Plan; and WHEREAS, City staff suggested to Council that DRCOG and COOT might be willing to exchange projects at our request; and WHEREAS, COOT proposed abandoning South Broadway as a state highway from US 285 to our south City limits; and WHEREAS, Council agreed that staff should approach DRCOG and COOT to negotiate for the abandonment and exchanae of projects; and WHEREAS DRCOG agreed to exchange projects and COOT agreed to add llDprovementa to the Broadway Bridge and contribute half of our local match (not to exceed $370,000); and WHEREAS, improvements to the bridge increaaed the estimated project coat from $3 ,257,000 to $3,760,000 ; and WHEREAS. by the paauge of this Ordinance the proposed intergovernmental contract addreuea coats IUl80Clllted with deaicn only becauae construction is acheduled for the year 2000; and WHEREAS, an intersovernmental contract rep,d.inc fundinc for conatruction will be brought to Council m 1999 u ISTEA fundmc becomes available ; and -1- 10 b ii •· • e I - • • • • ,, WHEREAS , the Federal participation towards design of this Project will be $376,000 with the total estimated cost of the design project totaling $481 ,000; Englewood's share is $105,000 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ectiop 1. The City Council of the City of Englewood, Colorado hereby authorizes the City to enter into an intergovernmental contract with COOT pertaining to the design of "South Broadway Widening and Medians" between U.S . 285 and Yale Avenue, a copy is attached hereto as Exhibit A. Set."tiop 2. The Mayor and the City Clerk are hereby authorized to sign and attes t said intergovernmental Contract on behalf of the City of Englewood . Introduced, read in full, and paseed on first reading on the 15th day of June, 1998 . Published as a Bill for an Ordinance on the 19th day of June , 1998. Read by title and paased on final reading on the Gtlo day of July, 1998 . Published by title as Ordinance No . ~ Seriea of 1998, on the 10th day of July, 1998 . Thomas J . Burm, Mayor ATI'EST: Loucrishis A. Ellis. City Clerk I , Loucriahis A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forecoing ia a true copy of the Ordinance paseed on final reading a nd publiahed by title as Ordinance No . ~ Serie• of 1998. Loucriahia A. Ellis ' ' • .. • • 0 , - • • • • • - <, STU 2154-071 (11999) WIDENING BROADWAY: US 285 TO YALE AVENUE City or Eaclewood/R-6 (KEK) CONTRACT .. Rnl/98 98 HA6 01077 THIS CONTRACT, made this __ day of , 19_ by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or COOT, and the CITY OF ENGLEWOOD, STATE of COLORADO, 3400 South Elati Street, Englewood, CO 80110, FEIN : 846000583, hereinafter referred to as the Local Agency, or the contractor. FACTUAL RECII:\LS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991 , Program 2000 , Function 3020, Object 2312 IP, Phase D , Reporting Category 6120, Contract Encumbrance Number 11999, (Contract Encumbrance Amount : $470,000.00). 2 . Required approval, clearance and coordination has been accomplished from and with appropriate agencies . 3 . Pursuant to Title I, Part A, Section 1007 of the Intennodal Surface Transportation Efficiency Act of 1991 and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 of the Code ofFederal Regulations, as may be amended, (collectively referred to hereinafter as "the federal provisions"), certain Federal funds have been and will in the future be. allocated for highway projects requested by Local Agencies and eligible under the Surface Transponation Program that has been proposed by the State and approved by the Federal Highway Administration (FHWA), hereinafter referred to as the program. -1-' • e ll I- I e I T • .;· • • 0 -• • • 4. Pursuant to§ 43-1-223, C.R.S. and to applicable ponions of the federal provisions, the State is responsible for the general administration and supervision of performance of projects in the program. including the administration of federal funds for a program project performed by a local agency under a contract with the State. 4.5 The Local Agency has requested that a certain local highway project be funded as part of the program, and by the date of execution of this contract the Local Agency (and/or the State) has completed and submitted a preliminary version of COOT form #463 describing the general nature of that project work. The Local Agency understands that, before the project work is actually started, the description of the project work in that COOT form #463 will likely be revised as a result of design changes made by COOT, in conjunction and coordination with the Local Agency. in its internal review process. The Local Agency desires to agree to perform the project work as descric:ed in the Form #463, as it may be revised in that process. 5 . Federal-aid funds have been made available for design project STU 2854-071 for ...,;de:ti.ng Broadway at US 285 to Yale Avenue, including new signalization of the 285/Broadway Ramps, modifications to two ramps and associated improvements, and reconstructing Broadway to accommodare raised medians from US 285 to Yale, as more specifically described in Exhibit A (the Form #463 and/or a "Scope of Work"), in Englewood, Colorado, hereinafter referred to as "the project" or "the work". 6. The matching ratio for this federal-aid project is 800/o federal-aid funds to 20-/o Local Agency funds, it being understood that such ratio applies only to such costs u are eligible for federal participation, it being further understood that all non-participating costs shall be borne by the Local Agency at I OOo/o . 7 . The Local Agency desires to comply with the federal provisions and other applicable requirements, including the State's general administration and supervision oftbe project thru this contract, in order to obtain federal funds for the project. 8 . The Local Agency has estimated the total cost oftbe Work and is prepared to provide its match share of the cost, u evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly audlorizies the Local Aaency to enter into this contract and to expend its march share of the Work. -2- . . "' - • • 0 I ]- • " - 0 - ... 9 . This contract is executed under the authority of Sections 29-1-203, 43-1-110, 43-1-116, 43-2-101(4Xc) and 43-2-144, C.R.S., as amended, and the Local Agency ordinance/resolution. 10. The parties hereto desire to agree upon the division of responsibilities with regard to the project. 11 . The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 12. The State certifies that such work can be more advantageously perfonned by the Local Agency. NOW, THEREFORE, it is hereby agreed that: I. STANDARD FORM CONTRACT lbis is a standard form contract that is designed to efficiently contract for and administer 2 types of program projects : I) program projects which include the same basic work elements (design: construction; construction administration by local agency; right-of-way ; utilities; etc .); and, also, 2) program projects with specific differences in those basic work elements~. a specific project may include design but no construction, or it may include design and construction but the State ~ill do the construction administration, etc.) The form contract accommodales both types of projects by using qaalifyinc laapace to condition the application of particular contract requirements, based on whether specific work elements are inc1uded in the project. For instance, where the contract provides ... "If the Work includes engineering/design services, the Local Agency shall perform the following requirements ... ", the Local Agency need perform those requirements only if engineering/design services are expressly included in the project, as defined in the Scope of Work. (Conversely, notwithstanding that language is in the contract, the Local Agency can ignore those "requirements" if engineering/design services are NOT expressly included in the Scope of Work.) The Local Agency shall interpret such qualifying laapace in that manner. By using such language, the fonn contract can apply to both the general and the specific types of projects thus making it easier to administer and saving the State and the Local Agency time and expense . II. PROJECT DESCRIPTION -3 - •. .. .. •· , - - • • ·, • '· "The project" or "the Work" under this contract shall consist of design project STU 2854-071 for widening Broadway at US 285 to Yale A venue, including new signalization of the 285/Broadway Ramps, modifications to two ramps and associated improvements, and reconstructing Broadway to accommodate raised medians from US 285 to Yale, hereinafter referred to as "the project" or "the Work" in Englewood, Colorado, as more specifically described in Exhibit A, attached hereto and made a part hereof (the Form #463 and/or a "Scope of Work") as it may be revised by the parties in the design review process before the project work is actually started. III. INCORPORATION BY REFERENCE All federal and state statutes, regulations, specifications, administration checklists, directives, procedures, documents, and publications that are specifically identified and/or referenced in this contract, together with all exhibits and attachments and addenda to this contract, are incorporated herein by this reference as terms and conditions of this contract as though fully set forth . IV. WORK RESPONSIBILITY The Local Agency shall be responsible to perform all design tasks required to complete the Work, and the Local Agency shall comply with all applicable terms and conditions of this contract in performing the Work, including those process and task responsibilities addressed in the Pre- Construction and Construction Administration Checklisls attached hereto and made a pan hereof. The responsible party shall perform all such tasks in accordance with applicable requirements and standards, including those in this contract and in applicable law. V. PROJECT FUNDING PROVISIONS A . The Local Agency has estimated the tow cost the Work to be S48 I ,000.00 which is to be funded as follows : a . Federal participating funds : (800/e ofS470,000.00) $376,000.00 b . Local Agency participating share : -4- ,,....-_._,_~ . ' .. • • 0 c . • • • . . (20% ofS470,000.00) Local Agency non-participating share: Total Funds: t• - $94,000.00 SI 1,000.00 S48 ! ,000.00 B . The matching ratio for the federal participating funds for this project is 80"/c, federal-aid funds to 20% Local Agency funds, it being understood that such ratio applies only to the $470,000.00 that is eligible for federal participation, it being further understood that all non-panicipating costs are borne by the Local Agency at 100%. If the total actual cost of performance of the Work exceeds $481 ,000 .00, and additional federal funds are made available for the project, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all nonparticipating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs . If the total actual cost of performance of the Work is less than $470.000 .00, then the amounts of Local Agency and federal-aid funds V1.il1 be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C . The maximum amount payable to the Local Agency under this contract shall be $336,000.00 , unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incwred. It is widerstood and agreed by the parties hereto that the total cost of the Work stated bereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord V1.ith the procedure in the previous sentence) agreeable to the parties prior to bid and award. D . The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from federal and/or state and/or Local Agency sources, as applicable . Should these sources, either federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party -5- .. •· • 0 ' ' - • • • ,,,_ • (• •, • terminating its interest and obligations herein shall not be relieved of any obligations which exi..~ prior to the effective date of such termination or which may occur as a result of such terminaticn:. VI. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Local Agency for the federal-aid share of the project chacy:s following the State's review and approval of such charges, subject to the terms and conditions of :::ris contract. Provided, however, that charges incurred by the Local Agency prior to the date ofF~-A authoriZJllion for the project and prior to the date this contract is executed by the State Controlle=-:>r his designee will not be charged by the Local Agency to the project, and will not be reimburse:::. :-y the State, absent specific FHW A and/or State Controller approval thereof. B. Upon execution of this contract the State is authorized, in its discretion, to perform 1ey necessary administrative support services pursuant to this contract. These services may ~ perfonned prior to and in preparation for any conditions or requirements of this contract, inchu:;ing prior FHW A approval of project work. The Local Agency understands and agrees that the State m.zy perform such services, and that payment for such services shall be at no cost to the State but si:;all be as provided in Section V.A. At the request of the Local Agency, the State shall also provide ot!:.:::- assistancc pursuant to this contract as may be agreed in ""Titing . In the event that federal-aid proje::t funds remain available for payment, the Local Agency understands and agrees the costs of any s-.:.i:::i services and assistance shall be paid to the State from project funds at the applicable rate. Howe-.-~. in the event that such funding is not made available or is withdrawn for this contract, or if the Lcc:al Agency terminates this contract prior to project approval or completion for any reason, then llll actual incurred costs of such services and assistance provided by the State shall be the sole expe::::;e of the Local Agency . C. If the Local Agency is to be billed for COOT incurred direct costs, the billing procecur-: shall be as follows : I . Upon receipt of each bill from the State, the Local Agency will remit to the State ::n: amount billed no later than 45 days after receipt of each bill . Should the Local Agency ::nil to pay moneys due the State within 45 days of demand or within such other period as m.ry be agreed between the parties hereto, the Local Agency agrees that at the request of the Sr.m:. -6- • .. • • 0 . -' ,,..j.. , I ]- • • • • • • ' .. .,, -. ---- the State Treasurer may withhold an equal am01D1t from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed. shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency tails to make timely payment to the State as required by this section (within 45 days after the date of each bill}, the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. D . 1be Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof. VII . STATE COMMITMENTS A. 1be State will provide liaison with the Local Agency through the State's Region Director, Region 6, 2000 South Holly Street, Denver, Colorado 80222, (303)-757-925 l. Said Region Director will also be responsible for coordinating the State's activities under this contract. Said Region Director will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communication relating to the day-to-<iay activities for the work shall be exchanged ~ represenwives of the Slate's Transportation Region 6 and the Local Agency. Until changed by notice in writing, all such notices and correspondence shall be addressed as follows : lfto State : lfto the Local Agency : Mr . Gary Huber Mr . David Henderson COOT Region 6 2000 South Holl y Street Denver, CO 8022 2 (303) 757-9866 -7 - City of Englewood 3400 South Elati Street Englewood, CO 80110 (303) 762-2506 . , • . ,, I· • 0 , ~? x I ]- • ,,,_ • t• • ' '· ... B. The State will reimburse the Local Agency for the federal-aid share of the project charges, as provided in Section Vl(A). C . If the Worlc includes construction, the State, at its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes therein that the State determines are necessary to assure compliance with State and FHW A requirements. D. The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project worlc has been satisfactorily completed. the State will sign the FHWA form 1212 . VIII. LOCAL AGENCY COMMITMENTS A. DESIGN If "the Worlc" includes the performance/provision of preliminary engineering/design. and/or final design (a.le.a. "construction plans"), and/or design worlc sheets, and/or special provisions and estimates, collectively referred to as "the Plans", the party responsible for design (as described in Section IV .) shall comply with the following requiremems: 1. Shall perform or provide the Plans, to the extent required by the nature of the Worlc . 2 . Final design ("construction plans") shall be pepaaed in accordance with the requirements of the latest edition of the American Association of State Highway Transponation Officials (AASHTO) manual. 3. Special provisions and estimates shall be prep!IRd in accordance with the State's Road~-.y and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 4 . The Plans shall include details of any required detours, in order to prevent any interference of the construction worlc and to protect the traveling public . S. All the Plans produced shall be stamped by a Colorado Registered Professional Engineer. 6 . The State shall be afforded ample opponunity to review the Plans. Any changes in the Plans as directed by the State shall be made and the Plans shall be considered final when approved and accepted by the parties hereto . -8 - • ' • • 0 , • • • Following award of the construction contract(s) for the project, no further changes shall be made in the Plans except by agreement in writing between the parties. 7. The Plans, when final , shall be deemed incorporated herein. 8. Will provide final assembly of the Plans and contract documents. 9. Will be responsible for the Plans being accurate and complete. 10 . May enter into a contract with a consultant to do all or any portion of the Plans and·or of construction administration. Proyjded,, however; that if federal-aid funds are to participate in the cost of such work to be done by a consultant, shall ensure that its procurement of that consultant conttact (and the performance/provision of the Plans under that contract) complies v.ith all applicable requirements of Title 23, Code of Federal Regulations (CFR), Part 172, (concerning the Administration of Engineering and Design Related Service Contracts), and with any procedures implementing those requirements as provided by the State. Those requirements and procedures include, without limitation : a) the Local Agency/Conttactor shall submit any design consultant subcontract to COOT for approval prior to its execution by the Local Agency/Conttactor, as required by section 1 i2.5 (d): b) all changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FHW A. As soon as the contract with the consultant bas bc::i awarded by the Local Agency, one copy of the executed contract shall be submitted to the Swc. Any amendments to such contract shall be similarly submitted; c ) all consultant billings under dw contract shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof; d) the Local Agency/Contractor shall also use the COOT procedures as described in Attachment #I to administer that design consultant subcontract, to comply with sections 172 .S(b) and (d); e ) to expedite any COOT approval , the Local Agency/Contractor's attorney , or other authorized representative, may also submit a letter to COOT certifying Local Agency/Contractor compliance with those COOT Attachment #1 procedures and with the requirements of sections 172.S(b) and (d). -9 - •' •· • 0 ' I - • • • , . • 11 . If the Local Agency has contracted with a consultant for the design of a major structure, the Local Agency/consultant contract shall contain the following language verbatim: a) "The design work under this contract shall be compatible with the requirements of a separate contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose." b) "Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project." c) "The consultant shall review the construction contractor's shop dra""ings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in coMection with this work." B. CONSTRUCTION If "the Work" includes construction, the party responsible for construction and construction administration (as described in Section IV.) shall comply with the following : 1. Administration of the construction of the project shall be in accord ""ith the project's Pre- construction and Conttact Administration Checklists, as amended. Such administtation shall include project inspection and testing ; approving sources of materials ; performing required plant and shop inspections: documentation of contract payments, testing, and inspection activities; preparing and approving pay estimab:s; preparing, approving, and securing the funding for contract modification orders (CMOs) and minor contract revisions (MCR.s); processing contractor claims; construction supervision; and, meeting the Quality Control (QC) requirements of the FHW A/State stewardship program, all as more fully described in the project's Pre-construction and Contract Administration Checklists. 2 . Shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this agreement, the requirements of the construetion contract, and applicable State procedures. The LAPE may be an employee of the Local Agency or may be a consultant. If the LAPE is an employee of the Local Agency, the LAPE shall be in responsible -10- •• ' II - I . .. •· • 0 , • 0 , . • charge of the construction of the project (as provided in Section 12-25-102 C.R.S. as amended), notwithstanding any exception described in Section 12-25-103, C .R.S ., as amended. 3. If bids arc to be Jct for the construction of the project, will (in conjunction with the State) advertise the call for bids and (upon concurrence by the State) will award the construction contract(s) to the low responsive, responsible bidder(s). a) In advertising and awarding the bid for the construction of a federal-aid project, shall comply with applicable requirements of23 U .S.C. § 112 and 23 C.F .R. § § 633 and 635 . Those requirements include, without limitation, that the Local Agency/Contractor shall physically incorporare the entire "Form 1273" (which, if relevant to this contract, is attached) verbatim into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102( e ). b) The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids arc publicly opened. whichever occurs later.) c) By indicating its acceptance in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project ifno additional federal-aid funds will be made available for the project.) 4 . In the event that all or part of the construction work is to be accomplished by Local Agency personnel (i&., by "force account"), rather than by a contractor pursl.Wlt to a contract with the Local Agency, the Local Agency will insure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements and \\rlth 23 C.F.R. Part 635, Subpart 8 , "Force Account Construction". a) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the State in advance of the Work, as provided for in Section 635 .204(c). Such agreed unit prices shall constitute a commiunent as to the value of the Work to be performed. b) An alternative to (a) is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete -11- ..... . . •. • • 0 , - • • 0 • the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Acquisition Regulations (FAR), 48 C.F.R . Part 31. c) Rental rates for publicly owned equipment will be determined in accordance with Section 109 .04 of the State's "Standard Specifications for Road and Bridge Construction". d) All force account work shall have prior approval of the FHW A and shall not be initiated until the State has issued a written notice to proceed. C. ROW ACQUISITION/RELOCATION If acquisition and relocation assistance is required for the project, the Local Agency will be responsible to perform the acquisition and relocation assistance, as required by Sections 24-56-10 I, et seq., C .R.S . Prior to this project being advenised for bids, the Local Agency will cenify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. D. UTILITIES The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility , if necessary . Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. E. RAILROADS In the event the project involves modification of a railroad company's facilities at a railroad grade crossing whereby the Work is to be accomplished by railroad company forces, the Local Agency shall make timely application to the Stare Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the work without compliance. The Local Agency shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of23 Code ofFederal Regulations 646, Subpart B , concerning federal-aid projects involving railroad facilities, including : I. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2 . Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. -12- • ' - .. •· • , I -• 0 • 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. F . ENVIRONMENTAL, In its performance of the Work, the Local Agency shall comply with the applicable provisions of the State's approved Action Plan concerning federal environmental requirements, including all federal directives contained therein by reference. Copies of the applicable provisions may be requested from the Office of Environmental Services, Colorado Department of Transportation, 4201 E. Arkansas Avenue, Rm. 284, Denver Co 80222 . G. RECORD KEEPING, The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. The Local Agency shall, during all phases of the Work, permit duly authoriz.ed agents and employees of the State and the FHWA to inspect the project and to inspect, review and audit the project records. H . MAINTENANCE The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FHW A, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated therewldcr, which define the Local Agency's obligation to maintain such improvements. The State and FHW A will make periodic impections of the project to verify that such improvements are being adequately maintained . l. FEDERAL REQUIREMENTS The Local Agency/Contractor shall at all times during the execution of this contract strictly adhere to , and comply with, all applicable federal and state laws , and their implementing regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference -l3- .. •· • 0 , -• 0 • '· as terms and conditions of this contract. The contractor shall also require compliance with these statutes and regulations in subgrant agreements permitted under this contract. A listing of some of the federal and state laws that may be applicable, depending on the Local Agency/Contractor work responsibilities under this contract, are described in ADDENDUM A. J. DBE REQUIREMENTS "If the Local Agency desires to use its own DBE Program to implement and administer the DBE provisions of Title 49 CFR Part 23 under this contract, it mast submit a copy of its program's requirements to COOT for review and approval before the esecution of tbis contract. ff the Local Agency uses it's program for this contnct, the Local Agency shall be solely responsible to defend that DBE Program and its use of that Program against all legal and other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation, determinations concerning DBE eligibility and certification, adequate legal and factual bases for DBE goals, and good faith efforts. COOT approval (if any) of the Local Agency's DBE Program does not waive or modify the sole responsibility of the Local Agency for its use as described above." K. LOCAL AGENCY FUNDS The Local Agency shall provide its match share and indirect cost finis for the work as outlined in Section V.B . IX. GENERAL PROVISIONS A. Notwithstanding any consents or approvals given by the Stare for the Plans, the Swe will not be liable or responsible in any manner for the strucnual design. details or construction of any major structures that are designed within the Work of this contract. B. If the Work involves consttuetion, the Stare shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct project conditions which are unsafe for the Workmen or for such periods as the State may deem necessary due to unsuitable weather. or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. C. This contract may be tenninarcd as follows : -14 - • .. I· • 0 ' - • • 0 • (a) Tennjnatjon for Cause . If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate . In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to received just and equitable compensation for any services and supplies delivered and accepted . The Local Agency shall be obligated to rerum any payment advanced under the provisions of this contract. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein . (b) Termination for Convenience The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. (c) Termination Puc to Loss of Fundinii The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights , demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. -15- ..... .. I· • 0 -• • • 0. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. E. This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as specifically provided otherwise herein. no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. F . To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. G . This contract is intended as the complete integration of all understandings between the panics. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion , or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the Swe Fiscal Rules . H . Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns . I. The Local Agency represents and warrants that it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency's obligations under this contract. The Local Agency's further covenants that, in the perfonnance of this contract, it will not employ any person or firm having any such known interests . -16- .. ., •· • 0 ' ? I -• • • J . This contract shall become "effective" only upon the date it is executed by tb: State Controller, or designee. The term of this contract shall begin on the date first written above ar:d shall continue through the completion and final acceptance of this project by the State, FHW A an.: Local Agency. K . The Special Provisions, Attachment LO (Certification for Federal·Aid Contrac:s ), and Appendix 8 (DBE requirements) attached hereto are hereby made a part of this contract. Tne Local Agency shall comply with all applicable tcnns and conditions of such attachments. L. If a conflict occurs between the provisions of this contract proper and the attac::mencs hereto, the priority to be used to resolve such a conflict shall be as follows : 1. The Special Provisions and the attachments enwnerated in Section lX, parag:-::::-h K, above ;and 2 . This contract proper; 3. Other contract attachments and exhibits, in their respective order. M . It is expressly understood and agreed that the enforcement of the terms and coi:.:.=tions of this contract, and all rights of action relating to such enforcement. shall be strictly reserve:: :o the panics hereto , and nothing contained in this contract shall give or allow any such claim or :::ibt of action by any other or third person on such contract. It is the express intention of the parties :=at any person or entity other than the parties receiving services or benefits under this contract be .:...-emed to be an incidental beneficiary only . N . The Local Agency assures and guarantees that it possesses the legal authority to e::.e into this conttact. The Local Agency warrants that it bas taken all actions required by its procedures. by· laws, and/or applicable law to exercise that authority, and to lawfully authorize its unde:'"Signcd signatory to execute this contract and to bind the Local Agency to its terms. The person(s) exe=uting this contract on behalf of the Local Agency warrants that they have full authorization to exec:=e this contract. 0 . The Local Agency and the State may use one or all of the Contract Modification T ools contained in ADDENDUM 8, in order to more expeditiously change and amend the terms ~f this contract, if such use is warranted by the circumstances as described and authorized therein. ·17· . , • • 0 -• ,, - \ • • ' .. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATIEST: By_~~~~~- ChiefClerk CLIFFORD W. HALL State Controller ATIEST: (SEAL) Title------ STA TE OF COLORADO ROY ROMER. GOVERNOR By ________ ~ Executive Director DEPARTMENT OF TRANSPORTATION APPROVED : GALE A. NORTON Anomey General By _________ _ BARRY B. RY AN Assistant Attorney General Civil Litigation Section CITY OF ENGLEWOOD, COLORADO Title--------- Federal Employer Identification Number: l46000Sl3 -18- . ' ' • . ... • • 0 I ""'" J I • • • <. - ATTACJIHENT tl THE LOCAL ACENCY SHALL USE THESZ PROCICDOUS TO IMPLEHSNT FEDEJIAL-AID PROJECT AGREEHE?ffS WI'l'H PROFESSIONAL COlfstJI.T»IT SEllVICES Title 23 Code of Federal Regulations (CFR) 172 applies to a fede=a lly funded local agency project agreement admin i stered by COOT that involves professional consultant services. 23 CFR 172 and 23 CFR 172 (d) state that, "When federal- aid highway funds participate in the contract a local shall use t~e same procedures as used by the State to administer contracts ... ". T~e=efore, local agencies must comply with this CFR requirement and the fol~owing state procedures when obtaining professional consultant services unde= a federa lly funded consultant contract administe=ed by COOT. COOT has formulated its procedures in Procedural Directive (P.O.) 400.1 and the related operations guidebook titled •obtaining Professional C=nsultant Services". This directive and guidebook incorporate requi=ement~ :=om both Federa l and State regulations, i.e ., 23 CFR 172 and Colo=ado Re •1ised Statute (C.R.S.) 24-30-1401 et seq. Copies of the directive and t~e gui=ebook may be obtained upon request from COOT'S Ag=eements and Consultant Ma n a;e~ent Un it. [Local agencies should have their own written procedu=es on file =~reach method of procurement that addresses the items in 23 CFR 1•2.5 (=· :1 -6 ) J. Because t~e procedures and laws desc=ibed in the P=ocedu=a: Di=e:tive and the guideboo i< are quite lengthy, the subsequent steps serve as a s hc =-:-~and guide to COOT p=ocedures that a local agency must follow in obta i~ing ;=cfessional consultant services . This gu i dance follows the format of 23 CFR :-2. The steps a=e : 1. The contracting local agency shal l document the need fc= oc-:aining professional services. 2. P=ior to solicitation for consultant services, the cc~-:=acti~g local agency shall develop a detailed scope of work and a list of e·,a l uation factors and their relative importance. The evaluation fact==s are those identified in C.R.S. 24-30-1403. Also, a detailed ccs-: est~~ate should be prepared for use during negotiations . 3. The contracting agency must adve=tise for contracts i~ con:=:-::iity with the requirements of C.R.S. 24-30-1405. The publ ic nctice pe=iod, when such notice is required, is a minimum of 15 days prio= to t~e selection of the three most qualified fi~s and the advertising s~ou:= be done in one or more daily newspapers of general circulat i on . 4 . Th e request for consultant se=vice s shoul d include t ~e scope of work, the eva l uation factors and their relative importance, t he ~ethcc of payment, and the goa l of ten percent (10\) Disadvantaged Bus i~ess Ente =prise (D BE ) partici pation as a minimum for the pro j ect. 5 . The analysis and selection of the consultants shou ld be done in accordance with C.R.S. 24-30-14 03. This section of t~e reg~:ation identifies the criteria to be used in the evaluat ion o: COC7 pre- qua lified pr ime consultants and their team. It als o s~ows ~~ich criteria are used to short-list and to make a final select ion. The short-list is based on the following evaluation factors : a . Qualifications, b . Approa ch to the project, -19- . ' ... • • 0 r ,," I • • • <. c. Ability to furnish professional services. d. Anticipated design concepts, and e. Alternative methods of approach for furnishing the professional services. Evaluation factors for final selection are the consultant's : a. Abilities of their personnel, b. Past performance, c. Willingness to meet the time and budget requirement, d. Location, e. Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority consultants. Poder 24-30-1401, SPat ebeJ 1 PASi N MMi.dentc& u a f'ast;er in th• e,,a,,lpat,igp g( prg(M9i,ppal, COPrz\tant; 19FYi991, 6 . Once a consultant is selected, the local agency enters into n egctiation s with the consultant to obtain a fair and reasonable price fo: t~e anticipated work . Pre-negotiation audits are prepared for cont:acts expected to be greater than $50,000. Federal reimbursement fc: c~sts a:e limited to those costs allowable under the cost principles o: 43 C~~ 3:. Fixed fees (profit) are determi ned with cons i derat ion gi ven t ~ s~ze, complexity, duration, and degree of risk invol ved in the wo :k . ?:~:it is in the range of six (6 ) to fifteen (1 5 ) percent of the tota : ci:ect and indirect costs . 7 . A qualified local agency employee shall be respons i ble and i n c~a:;e o: the project to ensure that the work being pursued is comp l ete, a c =~=ate, and consistent with the terms, conditions, and specifications o: the contract. At the end of project, the local agency prepares a ?e::or::iance evaluation (a COOT form is ava i lable ) on the consultant. 8 . Each of the steps listed above is to be documented in accordar.ce wit~ the provisions of 49 CFR 18.42, which provide for records to be ke?t at l east three (3 ) years from the date that the local agency submits its !ina: expendi ture report. Records of projects unde: litigation sha l l :e ke?t at least three (3 ) years after the case has been sett l ed . The C.R.S. 24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D . 4 ~0.:, provide addit i onal details for complying with the eight (8 ) steps j ~st discussed. -20- • . .. • • 0 I • • 0 I • • • FHWA Form 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS General Page 1 II. Nondi1cnminat1on . . . . . . . • . . . . 1 Ill . Nonsegregated Facllit,es . . . . . . . . . . . . . . . 3 IV . Payment of Preaetermined Minimum Wage . . 3 V. Statements and ?av,olls . . . . . . . . . . . . . . . 6 VI. Record of Materia ls . Supplies. and Labor . . . . 6 VII . Sublen1r19 or Ass,gn1r19 the Contract . . . . 7 VIII . Safety: Accident Prevention . . . . . . . . . . . . 7 IX. False Statements ConcerninQ Highway Proiects 7 X. Implementation of Clean Air Act and Federal Water Pollut,on Control Act . . . . . . . . . . . . . . . . . . . . 8 XI. Cert1ficat1on Regardir19 Debarment, Suapenlion, lnelig,bilitV, and Voluntary uctu11on . . . . . . . . . . 8 XII. Certlfication Regardir19 Use of Contract Funds for Lobbyir19.... .. ........................ 9 ATTACHMENTS A. Emptoyment Preference for Appatachian Contracts (incjuded in Appalachian contracts only) I. GENERAL 1. These contract prov1s1ons shall apply to aU work performed on the contract by the contrac~or' s own organization and with the uaistance of workers under ~ne contractor's immediate superin- tendence and to all work performed on the contract by piecework. station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insen in each subcontract aH of the staputationa contained in these ReQuired Contract Provisions. and further requ ire thear incluStOn in any lower tier subcontract or purchase order that may in turn be made . The Required Contract Provi· 110n1 shall not be incorporated by reference in any caae. The prime contractor shall be resoonsible for compliance by any subcontractor or lower t,er subcontractor with theM ReQuired Contract Prov,s,ons . 3 . A breach of any of the st1pulat10ns contained 1n theH FleQu1red Contract Prov111ons shaU be suffie1ent grounds for term1nat.an of the contract . 4 . A breach of the following clau ... of the Requ,red Contract ProvlllOns may also be grounds for debarment as provided ,n 29 CFR 5 .12: Section I, paragraoh 2 : Section IV, paragraphs 1 , 2 . 3 . 4 , and 7 ; S.cuon V, paragraphs 1 and 2a through 2g . S. D11putes ar,s,ng out of tne labor standards prov....,.,. of Sect,on IV !except paragraph 51 and Section V of -Aequ,red Contract Prov,s,ons shall r,ot be IUDject to the _., disputes dauae of this contract . Suen d1 soutn shall be resohted •n accor- dance w,tll the p,ocedurH of tne U.S . Depart"*" of ~ !DOL i as Ht forth in 29 CFR 5 . 6 , and 7 . D1sputH w1tlltn the mean1r19 of tt111 clause ,nclUde d11putes between the contractor lor any of 111 subcontractors) and the contract1"9 at9ncy. the DOL . or the contractor 's employees or their repreMntattves. 6 . Selection of Labor : Dun r19 the pertormanc• of 11111 con- tract, the contractor shall not : 1 . dtscnm,nate againat labor from any other State, POSHI· 110n . or terntory of the United Stat•• !except for emplo-t preference for Appalaclllan eontracu. when appl,Qble, ae eoec1f 1ed ,n Attachment A L or b. empkJv convect labor for any puroose ·~ ':tie im1ts of the project uffless it is labor performed by com,.,c:s 'N t:o are on paro6e. supervised retease , or probation. U. NONDISCRIMINATION (Applicable to all Federal-aid construction cor:e11cts ano to all related subcontracts of $10,000 or more .I 1 . E.,.i Employment Opponunity: Equal emc.c,-mern ~ooortu· nity (EEO) requirements not to discriminat e 1no :o take affirmative action to assure equal opportunity as J.e! ~or::, under law,. executive orders, rules. regulat1ons i2B ::= is. 29 CFR 1630 and 41 CFR 601 and orders of the Sec,e,ar, of ..aDOr as mor.tified by the provisions presc11bed hereir. anc moosed purauant to 23 U.S .C . 140 shall constitute the::: anc s;ecific affermat1ve act10n stand•d• for the contrac:or' s :t': ,ec: JC:.1v1ties under this contract. The Equal Opportunity Cons:--:::cn :~ntract Specifications set forth under 41 CFR 60-4 .3 •re :.-e :r~·.ns,ons of the American Disabilities Act of 1990 (42 __ :;.:. 12'.01 II .llll-1 set forth under 28 CFR 35 and 2S :==. 1 o:!O are incorporated by reference in tn1s contract . In ::-e '!xe-:-_:ion of this contract, the contractor agrees to complv .-. ::-::-e ":.l o wing minimum specif ic requirement act1v1t1es of ::·: · a. The contractor will work wrth the Sta':! -..;_~Na · .. 1;ency ISHAI and the Federal Government 1n carry,ng -:1_-: :.: : ::,,;at,ons and ,n their rev.aw of his/her act1v1t1es under tr~ ::.~::a~. b . The contractor w,11 accept as his oc~.,..!: -; :-: 1c-, the following statement : ·it is the policy of this Company to 111sure th11-: c.:111:.ara •e employed, and that employees are treated =--.--·u; §!;;,oy- ment. without r99ard to the,r race. relig1c -.. sex . :: 1cr . natioNI ong1n, age or disability . Such act1c -s.-111 nc:uce : employment. upg,ading, demotion. or t rans:¥." ·•=---~•nt or recruitment advernsing; tavoff or term,nat1c i : ·1-:es :f :>1v or other form• of comoenaat1on ; •nd n iec:::"": ::r -:ra ,r.Lng , inctuding ~entlCffhtp, p,eapprenucesh10 . a:-.:.:• :~:.-e--:,oo tra,n,r19 .· 2 . EEO Offtcer : The contractor w ,11 des.c;""a-:e 1r-c -nake known to the SHA contractang ott,cen an EE: :.u :er NN> 'Nill Nve the ~tV for and must be capa: • ,t e"'ec:;velv ~-and promoting an active contract:, ::,,~ram a! :EO and who must be a&11gned adeauate autnontv a-.: ·u:x:~a:b,lt,V 10 do so . 3. DI..........., of P'ollcy : All members or :.-e ::rtractor's staff who •• authonzed to hwe . supen.i11e . i:,:-:ae . ano dis· charge emPM)yees , or who recommend such ac-:-:-. :>r Nr"'C are substant..ely invohted 1n auct, actaon . w.U be mac• ""-1ty ::;r-1 zant of, and will.........,_,, tN contracto,·1 EE O pchc--and ::rtractu· al ,-,b,lit-10 prov,de EE O ,n ucn grade 1-: ::,a u ,fi canon of employment . To enaure tt'\at the above agrNre-i ,,w ,il ~ "T'let , the foNow,ng actlOna wiN be taken as • min,m\,;r-. a . PerlOdic meet&nga of 1uoerv1sory anc :...-~nrel ~Hice employH1 w,H be conducted before the start :' .-ore ar.c -:r,en not less ohen than once every a.x months , a-; 11, ... 1cn :1rre the contr actor 's EEO pal.Cy and 111 ,mP'9mentat1on .-i. J :>e re·,,ewed -exl)l.-d. TIie ,,...t,r191 w,11 be conduct~ ov :r-e EEO Officer . b. AN new _.,,aory or personnel office ,..,i:loyHs - be given a thorougt, ,ncloctnnation by the EEO :M c er. c,vennv al...., -of tN contract0r '1 EEO obl,gat er.a ,w 1th1n :n,ny days falow,ng !NW report"'9 for duty wtth the ::rtra e,cr. RIQUIRID IY 2l CP'lt 'll •. • • • C • 0 -' c . All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contrac- tor 's procedures for locat1"9 and hin"II minontv grOIJI) emploVffs. d . Notices and posters seni"II forth the contr1ct0<'s EEO policy will be placed ,n areas readily 1cce1sible to emptoyNs. applicants for employment M'ld potential employNs. e . The contractor's EEO policy and the procedures to implement such policy WIii be brought to the ...-.on of emc,loy· HS by means of meet1"91. employH -ks. Of other appropriate means. 4 . llec:luilrnem : When -.nisinll fo, emplo-. the contrac· tOf will include in au ldvenisements for emploVffS the notation: • An Equal Opportunity Employer .· All such --.,., w~I be placed in publications N1Vi"9 1 I-circulation """"9 minority groups 1n the area from which the project work force would normally be derived . 1 . The contractor will , unleu precluded bv a valid bargain· ing lgl'Hment, conduct systematic and direct racruitment through public and private employee referral sources likely to yietd qualified monoritv group applicants. To meet this requirement , the contractor will tdentify sources of potential m,nonty ;roup employees. and estabtish with such tdent1fied sources o,ocedures whereby minority group applicants may be referred to the contractor for employment consideration. b . In the event the contractor has a valid barga,nirw;, agree· ment prov1d1ng for exclusive hinng half referrals, he is expected to observe the prov,a,ons of that agreement to the extent that the system permits the contractor's compliance with EEO contn1ct provosoons . (The DOL has held thet whe<e 1mpiement1tion of such 191'Hment1 have the effect of diacrirnonat,ng against minorities or women, or obtigates the contractOf to do the same. such imp&e· mentat1on v,olates Executive Order 11248, •• amended .I c . The contract0< WII enco.,r-his preMnt emplo-to refer m,nontv grouo ...c,lic.,.. f0< employment. lnformatoon - procedures Wfth regard to refemng minor itv group applicants will be d1scusMd w ith employN1 . 5 . ,__ Ac1iona : W-s. work1"9 conditions. - emolov•• benefrts shall be Mtabliahed and admH"M1terad , and personnel actions of every type, including h1ro"9. -lding. promotion . transfer, demotion, layoff , -termination. shal be t•en--. regard to race , color, relig,on , N•. natoonll or,gin, -O< dosabolotv . The follow'"!! procedures shall be follo-: 1 . The contractor will conduct periodic in-ctoons of p,o,ect lftll t o ,nsu,e tNt wortung conditton1 and emo6ovee fac,ltt .. s do not Indi c ate discriminatory treatment of p,o,ect site personnel b . The contract0< w,M periodically evaluate the spread of w-l)aod -each c ..... fication to determine any evidence o f dt1cr1mtnatory wa.ae prKt1e:a1. c The contract0< w ~I peroodlcally review selected person- nel actoons on deoth t o determine whether there 1s evidence of d11er1m,n.uon Whe,1 evidence 11 found. the contractor will promottv take cone ct1ve ectoon . II the review 1ndic1tH !Nit the d 11crwn1n1tion may extend beyond the actlON rev•wed, IUCh eonect1 v1 action lhaN 1nctude aN affected pe,sona. d . The contractor will promotlV investigate all complN,ts of alleged dlsctlffllnatoon ...-to the c oniractor in co- w ,th hos oblt9a1oons under !his .,_act, WII an-• to r- lUCh comoi-ts. -WII take -oproate correctrve ectoon --I re_... ....... If the invfftigal!Oft ondicatH mat IN ~·-may affect penone o-than the~. .,, - t• such corrective act ion shall include such other persons. Ua~n comptetion of each investigation, the contractor wtll inform everv complamant at all of his avenues of appeal. 6 . Trlinin9 -Pn>motion : a . The contractor will auist in locatinQ, qualifying, .irr.c 1ncre1S1ng the skills of minority group and women emplo-. >rr.d applicants f or employment. b . Consistent with the contractor's work force reQU:tfti· ment1 and H perm1U1ble under Federal -State regulations. :rne contractor shall make full use of training programs . i .e .• apor9fT'I· ticeship, and on-the·job traini"9 programs for the geograon,c::al area of contract performance. Where fusible . 25 percent o f apprenti ces or trainees in each occupation shall be ,n me;, tirat: year of •-enticeship .,.. training. In the -,, 1 1Peci1I proVtS1<rn for training 11 provtded undar thas contract, this subparagrapn .Y\0111 be superseded as indicated in the special provision . c . The contractor will advise employees and aoplicants ·:or emi»ovment of available training programs and entrance reauir Fe · menu tor each . d . The contractor will periodically review the tra1n1no i!T :.c promotion potential of minority group and women employees arr.a will encourage el igible employees to apply for such training arr:.c promotion . 7 . Uniona : If the contractor relies in whole or in part u c :cn unions as a source of employees. the contractor w ,11 use h1s;n,e• best effons to obtain the coope,at1on of such unions to increuse OPPortunit1es for minority groups and woman within u,1 un1on1... and to effect referrals by such untons of minontv and femute employNs. Act1on1 by the contractor either directly or throup • contractor's association acting 11 agent will include the PfO c.:t· dures set forth below : 1 . The contractor will UM belt efforts to develoo. ,, "-<lt!On with the un,ons, joint .,.._ programs 11med tow•ro qualifying more m1nont"y group members and women fOf memD ff '· ltllO ,n the unaons and 1ncr1asing the skills of m,norrty gro:.co employees -women so that they may qualify for hogner 11•v1-r,; employment . b . The contractor wdl use belt efforts to incorporate :zr, EEO -,mo each un,on ...,.,.,,, to the and that such unocrn will be contractually bound to refer apolic:ants wrthout regara ·:o their race . color. rejig,on. 11x, nattanal orevin . age or d11abtlitv. e . The contractor 11 to obtain informattan aa to the refarrra1 pract1CH and polic ies of the labor unoon Hce,,t mat to tha entrr.: auch informat10n 11 w1th1n the exctu11ve po ...... on of the lac:c· IMllOn and such labor untan refusal to tum.sh such 1nform1tte1n :o the contractor. the contractor shall so certify to the SHA om: shall set forth what efforts have been ,,,_ to obt11n au = information. d . In t he event the union is unable to provide the c ontrac::c· with a reasonable flow of m.noritv and women referrals w,th.n ·:ne time limit Ht forth 1n the collective bargaining agrNment, :me contractor w,11, through 1ndeoendent rectuttment efforts . f ill ·~ employment vacancies wrthout regard to race, color, relog,on , se:o.. national origin , age or d1Hbllity; m1k1"9 full efforts to obt uTI qualified and/0< quallf,able ~ grouo ...,_.. arid wom.,.. IThe OOL has held that ,t Shall be no HCUM ma1 the union ...,.m -ch the contractor has I collectnre bargllNn9 ...,....,...,., p,OVICling fOf ea-referral faolecl to reter ~ employees .•. In IN event the ""'°" referral prectoce iw-• the contrac::c· floom -.. the obllga-~ to (..--Ordef 112"8:. RIQUIRED IY 2) CFII I JJ .102 ·22 · ....... • I • • 0 , ]- - • 0 • as amended. and these special prov1s1ons. such contractor shall immediately notofy the SHA. 8. S..C-. of Subcontrac:ton. PnK:uretnMlt of Materiala - i....,. of Equipnwlt: The contractor shall not discriminate on the grounds of race. co&or, religeon , sex . nattOnal origin. age or diubolity ., the -ctoon -retention of subcontractors, includ· ing procurement of m1teri1l1 and leases of equipment. 1 . The contractor 111111 notify 111 potential subcontractors -suppliers of holihw EEO obligetoons under this contract. b . Diudventeged .,.,_ .. enterprises (DBE), ea defined in 49 CFR 23. 111111 have equal opponunitv to compete for end perform subcontracts which the contractor enters into pursuant ID this contract. The contractor will UH hos bat efforts to ao~cit bids from end to utdize DBE oubcontrectors or subcontractors with meaningful monority group -female r-esentetion among their employNs. Contractors SNOII obt11n lists of DBE conatNC· toon firms from SHA personnel. c . The contractor W1II uM h11 best ettons to ensure subcontractor compliance w,th trte,r EEO obligations. 9. Rec--R-'9: The contractor shall keep such records u nec111ary to document compliance with the EEO requirements . Such records shall be retaoned for • period of three years folJowing com.,..t1on of the contract work and shall be available at reasonable times ind places for inspection by autho- rized repr11ent1t1ves of the SHA and the FHWA. a. The records kept by the contractor shall document the followinQ : ( 1 I The number of minority and non•minority group members and women empk>yed in each work classification on the project; (2) The progress and ettons beu,g made in "-•tion With unions. when applicable. to increase employment o-1uni- tte1 for mmont111 and women; (3) The 1><ogreas and ettons being made in locating, hiring, tr11n,ng, qualllyong, end upgrading minority end female employees ; and 14) The progreu and ettons being made ,n securing the services of DBE subcontractors or subcontractors with meaningful mmority and female representation amonQ their employHs. b. The contractors wdl submit an annual report to the SHA each July tor the duration of the pro1ect . indicating the number of m1nor1ty . women. and non-mmor1tv group empk>yHs currentty engaged 1n each work ci1uificat1on required by the contract work . Thoa information is to be reponed on Form FHWA-1391. If on-the job rra,n,ng ,s being required by _c,al provision, the contractor wttl be requ,red to eoUect and reoo,t tr11n1ng data. Ill. NONSEGREGATED FACILITIES !Applicable 10 all Federal -aid conatructoon contracts and to 111 related subcontracts of 910,000 or more.I 1. Bv subm1uaon of this btd . the execution of tht1 contract o, subcontract, or the consummation of this m1ter11I auppty agtff· ment or purchase order. •• 1ppro1><111e . the bidder . Federal-aid conatructoon contractor. subcontractor. material supplier, or vendor. H -oproate, cettoliea that the firm does not meontain or provide for ota ernplo-eny segregated fac,iitoea at any of its ntabliahments. and !hat the firm does not perm,t ,ta employNa ID perform thff aervocea at eny locatoon. under ,11 control. wheN ,- 1• segregated facilities are maintained. The firm agrees ttiar a breach of this certification is a violation of the EEO provisions :,f this contract. The firm further cenifies that no employee wlil :,e denied access to adequate facilities on the basis of sex :,r disability. b. As used in this certification. the term ·saoregam,d facilities'" means any w11t1ng rooms. wo,k areas. restrooms r.ia washrooms. restaurants and other eating areas. t1mec!cc:a. locker rooms. and other storage or dreasing ar11a . parking c:r:s . *inkino fountains. recreation or entert•nment •en, tranac.or· tataon, and hou11ng facdit111 praYtded for employNs wh,c:-: Fe segregated by e•plicot directMo . or ... in feet. segregated on -:.... basis of race . color. religM>n, nattonal ong,n. -<1• or dis1c1iir v , because of habit. local custom. o, otherwiN . The onty excecr.c:,n will be for the di1ao'8d when the demands for 1cc1ss1i:11ir.v override (e .g. disabled par1tingl . c. The contractor agrees that it has obtained or will ocnun identical c1mfic1t1on from proposed subcontractors or mater;a1 suppliers prior to award of subcontracts or consummat1an :,f material supply agreements of $10,000 or more and that it will retain such cert1ficat1on1 in its files . IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal·atd construction contracts exceecw,; $2,000 and to all related subcontracts, except for prcJet=:s located on roadways classified as local roads or rural rn1r,::,r collectors. wtuch are exempt .I a . All mechanics and laborers employed or working •.icon the site of the work will be paid unconditionally and not less :rmn than once I week and without subsequent deduction or recant :,n any account [except such payroll deductions as are perm1ttec :::,v reguletoons 129 CFR 3) oasued by the Secretary of Labor uncer -r>e Copelana Act (40 U .S .C. 276cl) the lull amounts of wages ,nc bona fide lnnge benefits (or calll equivalents thereof) due at ,irme of payment . The payment shall be computed It wage rates -i:i: less than those contained 1n the wage determmat1on of ~ Secretary of Labor (here1n1her ·the waoe determination ~) •Nr-u::i i1 attached hereto •nd made I pan hereat . regardless of JIT\v contractual relationship which may be alleged to exist bet"Nl!t4t n the contractor or its subcontractors and such laborers inc mechanics. The wage determinatK>n (including any ldditrcr.~I cl1udic1t1on1 and wage rates conformed under paraQraph :. :,f this Section IV and the DOL poster (WH -13211 or Form FhW L - 1495) shall be posted at all tomes by the contractor anc: r-.s 1Ubcontr1ctors at the site of the wortr. 1n I prom,nent ric acceuibte place where 1t can be eM1ly seen by ttie workers. =-:,r the purpoM of tha1 S.ctton. eontnbut1ons made or costs r1ascJr.· ably amocipated for bona lode fnnge benefots under Section l 1t,,:.::1 of the Davoa -8econ Act (40 U .S.C. 271511 on behalf of lacoren ,r mechanics are conatdered wages patd to such laborers ~r mec:t,anocs. subject to the proVtllonS of Section IV . paragracn :i~ hereof . Also. for the purpose of this Secn on. r1-1;w ;a~ contributions made or costs incurred for more than a weet::w period (but not less often than quanerlyl under plans, funcs . :,r programs. whtch cover the particular weekly period . are deemlft:: to be constructively m.S. or incurred during such weekly peri-c,: Such laborers and mech1n1c1 shall be paid the appropriate N"',!e rate and fr1noe benefits on the waQe determ1nat1on for .,..... c:laaaificatoon of work actually performed . without regard to s•:ol.. e•cept aa provided ,n parag,1pha 4 and 5 ol thoa Section I'/ b . Laborers or mec:hanica performing work on mo,e than :ne c:laaaiflcation may be compensated II IN rate _c,fiec:t for ... ::n claaa,flc11oon for the tome ectually wo,ked ttwe,n. 1><ovoded . .,..., ll1Q UI1ll0 IY 2l en. UJ .102 •2 l· • - .. I • • 0 ]- • the employer's payroll records acC\M'ately set fonh the time spent in each classification in which work is performed . c . All ruhngs and interpretations of the Davis-Bacon Act and related acts contained 1n 29 CFR 1, 3. and 5 are herein incorporated by reference in this contract . 2 . Cleuiflc-: a. The SHA contracting officer shall require that any class of laborers or mechantcs employed under the contract, which is not listed 1n the wave determ1Ntion. shall be classified in conformance with the wage determination. b . The contract1ng officer shall approve an additional dauafication , wage rate and fringe benefits only when the following cnteria have been met : (11 the work to be performed by the additional classifi- cation ntQUHted ,s not performed by a classification in the wage determ1n1t1on; (2) the additional classificatt0n is utilized in the area by the con1truct1on industry; (31 the proposed wage rate. includi ng any bona fide tnnge benefits. bears a reasonable relat1onah1p to the wage rates contained in the wage determ1nat1on ; and 141 w,th respect to helpers, when such a cl11sific1t1on prevails in the area in which the work is performed . c . If the contractor or subcontractors. as appropnate. the laborers and mechanics (if known) to be employed in the ldditton- 11 cla11,ficat1on or their representative,. and the contracting officer agree on the classification and wage rate (including the amount dellQNted for fringe benefits where app,opriatet. a report of the actaon taken shall be unt by the contracting officer to the DOL. Adm1n.1tr1tor ot the Wage and Hour Oiv111on. Employment Standards Adm1nrstr1tion , W11hington. C .C . 20210. The Wa91 and Hour Adm,n11tr1tor, or an authorized repreMntat1ve. wlll ac,prove . modify. or disapp,ove every additional clau1ficat1on action w1th1n 30 days ot receipt and so advise the contracting officer or will notify the contracting officer within the JO-day period that add1tion1I time 11 neceuary . d . In the event the contractor or subcontractors. a, aooro- pnate, the laborers or mechanics to be employed 1n the additional dasstficat10n or thew repreMntat1ve1. and the contracting officer do not agree on the proposed clas1dicat1on and wage rate (including the amount designated for fnno• ben1tit1, where appropriatel . the contracting officer Shall refer the questions. including the views of all interested partoe1 1nd the recommend•· t,on of the contracting oHicer. to the Wage and Hour Adm1n,stra- tor for determination. Satd Adm1ne1tr1tor, or an authorized representative. w,11 111ue a determination within 30 days of receipt and so adv111 the contracting officer or w,11 nottfy the contracting officer w1th1n the 30-day period that additional time 11 necessary e . The wage rate (i ncluding fringe benefits where appropri- ate! determined pursuant to parac,aoh 2c or 2d of th11 Section IV shall be paid to all workers performing work 1n the additional class1ficat1on from the first day on whtch work is performed 1n the class1ficat1on . 3 . Payment of Fringe 9-flu: a . Whenever the m inimum wage rate prescribed in the contract tor I cla11 of laborers or rnechan,ca includes a fnnge benefit which ,s not expressed aa an hourly rate, the contracto, • 0 I • • or subcontractors. 11 appropriate, shall either pay the berir.T 81 stated ,n the wage determmat1on or shall pay another bcra: .:,oe fringe benefit or an hourly case equivalent thereof . b. If the contractor or subcontractor. as appropnar~. ZMtS not make payments to a tn.Jstee or other thwd person, he ,s.-• -.av consider aa a part of the wages of any laborer or mecnanc ~ amount of any costs reasonably antietpated in provtding bcra ~t!le fringe benefits under a plan or p,ogram, p,ovided. that the ~ tlfY of Labor has found . upon the wnnen requnt of tha ::1"7"A:· tor. that the applicable standards of the Oavi1-Bacon ~c: -ave been met. The Secretary of Labor may require the contr:a= :~ Mt aside in a separate account assets for the fflff!:r; ::,f obligatt0n1 under the plan or program. 4 . .__ .. -TrainNS <"'--of the U.S. CCI-ana Helpen: a. Apprentices : ( 11 Apprentices will be permitted to work at tesa: -:--.a r the predetermined rate tor the work they performed wr-er 7"1P v •e employed pursuant to and ,ndiv1dually reg istered in a tcra .. oe ll)l)rentrceshop pr09ram registered with the COL. Employm...-,n: Training Adm1n11tr1t1on . Bureau of Apprenticeship and --~1-11-:;. or with I State 1pprent1cesh1p agency recognized by the :l--=a .... or if I person 11 employed ,n his/her first 90 days of probar:c-.a·1- employment •• an apprentice ,n such an apprenticeship er-:,~ .. who i s not individually registered in the program . but wr-c oes been cenified by the Bureau of Apprenticeship and Tra1n1r t; =· a State apprenticeship a9ency (where appropriate) to be elic;1 c:-!--:r probationary employment as an apprentice . t2) The allowable ratio of apprentices to JOurre•,-,a-- levef emptoyeea on the job site in anv craft ctaasificatt0n s:-.s j ,::i: be greater than the r1t10 permitted to the contractor 11 -: ":"'le entire work force under the registered program . Any erT"c;c-..e listed on a payroll at an 1porent1ce wage rate. who 11 net: -w;:~· tared or otherwise employed II stated above . ltlall be :•c -io· teas than the applicable wage rate listed ,n the wage det,r--1r.6- tion for the cluaoficatt0n of work actually performed . In ace-=· any apprentice perlorm,ng work on the )Ob 11te 1n eacns :-~ ratt0 permitted under the r9911tered prcvram -be Paocl sc-•=• lhan the applic-wave rate on the w-deterffl1Ntt0n ·-::-~ work actually performed. Where I contractor or sullcontrac= •• performing construction on a pro,ect ,n I k>cahtv other m.-~- in whtd\ ltl program ,s registered. the rattaa and w~ rat• 9!> • P,Haed in percentavH of the ~vet hourt~ ~ specified ,n the contractor's or subcontractor's regestered cr-...t;:""WTT" lhall be observed . 131 Every apprentice must be paid at not IHI trar ~ rate specified tn the registered p,avram fo, the apprentice 1 .,..,. of progr111 . eaore11ed as I percentage of the t()U'l"leymar-•.,. hourly rate speci f ied ,n the apol1cat:Me wage determirF"=-. Apo,ent1ces shall be pa,d fringe benefits 1n accordance w•~ ~ provi11on1 ot the 1ppr1nt1ce1h1p program . If the apprenn ~c- program does not specify fringe benefits, apprentices rr.~ :>e: paid the full amount of frrnge benefits listed on the wave cenr-,,- nation for the appli cable clasaificat1on . If the Adm1n11trat::.-"":)· the W•ge and Hour 01v11ion determines that I different cr--w=:r::e prevatla tor the apphcable apprentice cfa111ficatt0n , frn,ges :r111 1 be paid in accordance with that dllterm,nat,on . 141 In the event the Bureau of Awenticesrrc r,c Trainln9 , or I S111e app,en11ceshlp avencv rec09nozed :,,, ~ BurHu. w ithdraws app,oval of ar, _.m1c911hip provra,,-..,,. contract0< or IUbcontrector w,A no lonver be -tted to .:::,o= __ ..,.. 1t leas lhan the applocable predetermined rate 'er ..,,. ---work performed bv,..... employees unl1I an -=-"· -P,D9'8ffl II -Oved. REQUIRED IV 2) CP'lt i l).102 •2<· • ' •. .. • • • 0 , • • 0 • b. Trainees : I 1 I Exceot as provided in 29 CFR 5 . 1 6. tra,nffs will not be permitted to work at less than the predetermined rate for the work performed unless they •e employed pursuant to and individualty registered 1n a program which has received prior _.,val, evidenced by formal certtficat,on by the DOL. Employ- ment and Training Adm1n11trat1on . (2) The ratoo of trainees to joumeymaoi-level employees on the job site shall not be greator than perm,ned under the plan approved by the Employment and Tratn1"9 Adm1n11tratton . Any employee listed on the payroll at a trainee rate who is not r901s· tared and participating in a training plan approved by the Employ- mant and Training Administration shall be paid not leas than the ~ wage rate on the w-determination for the dusifica- tion of work aCt\Jally pe,formed. In additoon. any trainee perform- ing work on the joO site in excua of the ratio permoned ....-the raglltered program shall be paid not less then the applicable wage rate on the waoe determination for the work actually performed. t3l Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress. expressed as a percentage of the journeyman-level hourly rate specified 1n the applicable wage determination . Trainees shall be paid fringe benefits in accordance with the prov1s1ons of the trainee program. If the trainee program does not mention fringe benefits, trai nees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Oiv1s1on determines that there ,s an apprentice- ship program associated with thl correspcnding 1ourneym1n-level wage rate on the wage determination which provides for less than full fnnge benefits for apprentices. in which case such trainees shall receive the same fringe benefits as apprentices. (41 In the event the Employment and Tra,n,ng Admonis- trat,on withdraws approval of a training program , the contractor or subcontractor will no longer be permined to utilize tra1r,ees at leu than the apJ»icabte predetermined rate for the work pet· formed until an acceotable program ,a approved. c . Helpers: Helpers wdl be permitted to work on I pror•ct 1f the helper claos,ticatoon ,s _c,fied and defined on the applicable wage determ.nat,on or 1s approved pursuant to tne conf0tmanee procedure Ht forth on Section IV . 2 . Any worker ~lted on a payroll at a hetper wave rate. who is not I helper under a approved definotton . shall be paod not leaa thin the aoc,licable wage rate on the wage determ,nat,on for the cla111fication of work actually performed . s. "-tic" -r ....... ,..,__ of the U.S . DOT): AoP,ent1c1s and trainees working under aoprentieesh,p and skill tratntng programs which have been certified by the Secretary of Tr1naoortat1on 11 promoting EEO 1n connection w i th Federal- aid h!Qhway construct,on programs •e not sut>,ect to the require- ments of paragraph 4 of this Sectoon IV . The straight tome hourly wage rates for apo,ent1ces and trainees under such programs will be eatat>hsned by the particular p,ograms. The ratio of apprentic· es and trainees to Journeymen shall not be greater than perm,ned by the terms of the particular program . 6 . Withholding : The SHA shall upon its own 1ct1on or l.il)On wnnen requHt of an authortzed representattve of the OOL Wtthhold. or cauH to be withheld, from the contractor or subcontractor under this contract or any other F-al contract woth the same prime contractor, or any other Federally, .... ated contract tullfeet to - " - I • Davis-Bacon prevailing wage requirements which is held bv ·""'.ne same prime contractor. as much of the accrued pay menu er advances as may be considered necessary to pay laborers ;nnc mechanics. inctuding apprentices. trainees. and helpers, emp10 •,vec by the contractor or any subcontractor the full amount of waqaes required by the contract. In the event of failure to pay ;nrt v laborer or mechan,c, including any apprentice , trainee. or hetcff · employed or working on the site of the work, aff or part of -one wages reqund by the contract, the SHA contracting officar -n n . after written notice to the contractor. take such actt0n as mav · oe necessary to cause the su1pen11on of anv furtt'ter pavmer.r.:. advance. or guarantN of funds unttt such -tions have ceasao: 7 . Ovotrtime Requirements: No contractor or subcontractor contracting for any :ac-: of the contract work which may requere or involve the 1mc1c·J ··· ment of laborers, mechanics. watchmen, or guards l inciucinn; apprentices. trainees . and helpers described in paragraphs J. ,:;in: 5 above) shall require or permit any laborer, mechanic. ware :-:· · man, or guard in any wcrkwnk in which he/she is employee r a - such work. to work ,n excess of 40 hours in such woritweee-. unless such laborer. mechanic, watchman. or guard reca 1v ~e s compensation at a rate not less than one-and-one-half :uT"~!s: h11 /her basic rate of pay f or all hours worked 1n excess Jr ....;.: hours in such workweek . 8 . V-on: LJabd ity for Unpaid Wages; L1qu1dated Damages: In ·-n e event of any violation of the clause set forth 1n paragr ac n above. the contractor and any subcontractor responsible t nerec : · shall be liable to the affected employee for his/her unp11d wac;e !- ln 1dd1t1on , such contractor and subcontractor shall be liac1e :: the United States (in the case of work done under contr1c! · :c· the District of Cotumb11 or a tarritorv. to such 01str1ct or to si..:c::- territory) to, liquidated damagH. Such liquidated damages ;r.aa be computed with respect to each individual laborer. mec:ian,=: watchman, or guard employed in violation of the clause set 'cr-":- in paragraph 7. in the sum of S 10 tor aach calendar day on Nr•==- such employee was reauired or permitted to work in excess : · the standard work week of 40 hours wnhout payment of ·""'.n "= overtime wages required by the clause set forth ,n paragracn ·- The SHA sNIJI uoon its own action or upon wntten r1au1n any authorized representativa of the DOL withhold. or cauH :c c c • Wlthheld. from any monies payable on account of work perfon-H : by the contractor or subcontractor under any such contrac: c · any other Federat contract w,th the same orime contractor. or :a n..,. other Feder11fy-1111sted contract sub1ect to the Contract N cn,. Hours and Safety Standards Act, which ,s held by the same :;n rrne contractor . IUCh sums as may be detem,,ned to be necessar, -! : sati sfy any liabilities of such contractor or subcontrac:or ·:c · unpaid wages and liquidated damages as p,ov,ded 1n t he c!au :.s ~ sat forth on paragraph 8 at>ove . V . STATIMENTS ANO PAYROLLS (Applicable to all Federal -aid construction contracts exceecmn; t2,000 and to all related subcontracts, except for pro1ec::-:s located on roadways classified 11 local roads or rural collec::r,-_ which are ••empt .) 1 . Compllence with Copeland ........... C29 CFR ll: The contractor shall comply with the Copeland Regulat,cns . ,- the Secretary of L-whfch are hera,n incorporated by rero,- enca . 2. Pay,ah and l'ay,oll ....... : REQU IRED av 23 Cnl ,Jl .102 ·25- • •, .. .. • • • 0 ' ]- • 0 • 1. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the courM of the work and preserved for I penod of 3 years from the date of completion of the contract for all laborers. mechanics, apprentices . trainees. watchmen. helpers, and guards worki ng at the site of the work. b . The payroll records shall contain the name , social aacuritV number . and address of each such employee ; his o, her c:orTKt ctauific1t1on; hourly rat11 of w1911 paid (includir,v ratH of contributlona o, co11s 1nt1c1p11ed tor bona Iida fringe benefits o, caah equivalent thereof the tVPH described in Section 1 (bH2HBl of the Davos Bacon Actl; d11ly and weekly number of hours worked; deductions made; and actual wave• paid. In addition. for Appalachian contracts. the payroH reco,ds shall contain a notat10n indicab"9 whether the employN -·· or does not, normally r111de in the labor area u defined in Anachm•nt A, paragrapto 1 . Whenever the Secretary of Labor, pursuant 10 Section IV . par19rapt, 3b. has found that the waves of any labore, or mechanic include the amount of any colts re1aon1bly anticipated in pravidir,v benefits under a plan or progrem de- -in S.Cb0n 1 lblC21CBI of the Davia Bacon Act, the contrac- tor and each subcontractor shall maintain records which show that the commitment 10 provide such benefits is enforcs-. that the plan or program is financially respansib ... that the plan or program has been commun,cated in writing to the laborers or mechar'Mcs affected. and show the cost anticipated or the actual cost incurred ,n provtding benefits. Contractors or subcontractors employing 1pprentice1 or tra,nees under approved program1 shall ma,ntain written evidence of the registration of apprent1ce1 and trainees , and r1t101 and wage r1te1 pre1cribed in the applicable pr09<1m1 . c . Each contractor and subcontractor Shall furnish . each WNk in which any contract work 11 perfo,med, to the SHA _, -•nNr I payroll of w19e1 paid each of ill employNI (including -en1,c11. tra1nN1 . end helper9, described in Sactoon IV , paragr111ha 4 end 5 . and watchmen and guards~ on wo,k dunr,v the precedir,v WNkly payroM penod). The payroll aubmotted ""•II Mt out accurately and completely all of the information reQuored 10 be maontaoned ...-paragrapto 2b of 11\os Sactoon V . Tl,os ,nl0<mat1on may be IUbmlned on any form -· ()ptoonal Form WH -34 7 ,1 1veol-lo, 11\os -• and may be purchUed from the 5-mtendent of Documents IF-Ill stock number 029-005-0014-1 1. U.S . Government Pnnt1n9 Offoco , WHh1r191on . 0 .C . 2°'°2 · The pr'""" contractor •• rftll(>nS-for the subm,sl!On of copies of payrolls by all subcontractO<S . d . Each payroll subm,nad shall be eccoffll)IIMd by • 0 S1a1emen, of Compitance. • sogned by the contracto, o, subcon- tractor or h,s/her 19ent who pays or auoe,v1N1 tN payment of Ille persona employed u naer the contract end shall csnofy the fo llowor,v : I 1 1 that the payroll lo, the payroll period contaona the in f0tm111on required to be ma,nt11ned under paragraph 2b of ti,.. Section V and that such ,nformatton 11 conect and coms,fete : 12 1 that such laborer or mechanic (including uc:h helper. app,ontoce . and treoneel employed on the contract duror,v !tie payroll period hH bNn paod the full wNkly waves earned. without rebate . either directly or indirectly , and that no deduc- toons have been made e other directly o, ,ndoractly from !tie full waves earned , other than permoasoble deduc1lona u Mt forth ,n the Aegula1 1ons. 29 CFR 3 ; 131 1h11 IICh 1-ar 0, meCNnlC Ilea bNn plOd -lffa 1h11 the appllcat,)e wave rate Ind fronge benefits or caah -·· lent lo, the d usofic a1oon of -•ed parto,med, • ~ on the IIIPlic-wave determonatoon onco,po,etecl ifflo the conlract. e. The weekty subm1ss1on of a properly executed cert1t ic.»-- tion set fonh on the reverse side of Optional Form Wl-4·347 sr .. 11 satisfy the requirement tor submi11ion of the '"Statement :f Compliance· required by paragraph 2d of this Section V. f . The f1l11ficat,on of any of the above certifications IT"..-V subrect the contractor to c1vd or cr1m1nal prosecution under • 8 U.S .C . 1001 Ind 31 U.S .C. 23 1 . g. The contracto, o, subcontractor shall make the rec:o-::s required under paragraph 2b of thos Section V available 10< in-=- tion, copying, o, tr.....:,,pbOn by authorized repr1Mm1t1v11 of ':"18 SHA, the FHWA . o, the COL. and ""all perm,1 such rec~ sentativu to imerview employ••• durino working hours on ~ job. If the cantracto, or IUbcontractO< tails to submit the req,.rr., records o, ta malte them ava~1ble , the SHA, !tie FHWA , the CC_ or aM may. after wnnen notice to the contractor. sponsor. acOH- cant, o, o-. take such actions H may bl necessary 10 ca...w the~ of any further payment, advance. or guarantee :f funds . Funhermore, fatfure to submit the required records uc -::., request or to make such records 1vall1ble may be grounas "~r debarment 1ct1on pursuant to 29 CFR 5 .12. VI . RECORD OF MATERIALS. SUPf'I.IES. AND LABOR 1 . On all Feder1l -11d contracts on the National Hig n·"' 1,1 System, except those which crov,de solely for the 1nstallat1c r : " protective dev1ce1 at railroad grade cr o111ng1 , thou wh,c:i is·, constructed on a force account or d irect labor b111s , hig nw~,., beautification contracts. and contracts for wh,cn the t otal .c r"',!I constructoon colt for roadway and bndge is leu than $1 ,000,CC ·J 123 CFR 6351 the contractor shaol : a . Become familiar with the list of soectfic matenals !.-i.::i aupplies contained in Form FHWA-4 7. '"Statement of Mater a .s and L.-or Used by Contractor of Highway Construction Inver,,·-,; Federal Funds,'" prior to the commencement of work under -:-.:1 contract. b . Maintain a record of t he t otal cost of 111 matenals 1,-,: 8UPPliel P"Cl'\aSld for and ,ncorcorated ,n t he work. and ~lac :f the qu1nt1t181 of thoH specif ic matenals and 1upphe1 ha tee : -, Form FHWA-4 7 , and ,n the units shown on Form FHWA--li . c . Furn.sh . upon the c omolet1on of the contract, t o ~ .. SHA.-,~ an Form F;..wA.47 together w,tfl the ea:s raquored on paragraph lb reta11ve :o matenals -IUlll)l•H . a •·r .ao -summary of .. contract work ondocat,ng the total l'lcu-s wo,ked and the total amount 11rned . 2 . At the prll'ne contract or·s oot 1o n . either a smgle re:c -: covwine 1U contract wOf'k or seo1r1te report1 for the c ontrac::j r and lo, each subcontract shall be suDm,ned . YI. 1U81.ETTWG OIi ASSIGNING TiiE CONTIIACT 1 . The contractor ...._., perfo rm w ,th 1t1 own organll:ar:i:., contract -amounting to not leu than 30 -cent 10< a grer.• pereent191 ,t apec,ftld eluwher e in the contract) o f t he i::c -:•1 oriQlnal contract prtee . e1clud109 1nv soec1al ty 1tem1 dea.gn 1:•: by the State . Specialty ,1em1 may be -,orrned by subcanta:: and the amount of any such aoeco e lt y ,1ems perfo,med mav :.e deducted from t he total o,,g,nal contract pr,ce before c amPUt:"; the amount of WO<lt reqund 10 be perf ormed by t he contra~:, s own orvan,111oon 123 CFR 9351. a. "lb own orvan,z11oon • anal! be construed 10 onclude crw worur, efflllloved and 1111d dorec tly by !tie pnme contractor ar"2 ~ o-or rented bv !tie p,ome contractor.'"""' -:,r willlout -atora. 5',c11 term -• not include emplo--:,r ll&QUtllaD I Y 2l C n. UJ.l 02 •2'• I • • 0 , - • • 0 • equipment of a subcontractor, aaMgnee . or agent of the prime contractor . b . "Specialty Items· shall be construed to be limited to work tNlt requires highly specialized knowledge. abilities, or equipment not ordinarily available in the tvP• of contracting organiz1tt0n1 qualified and expected to btd on the contract 11 a -...i an general •• to be limlted to manor components of the overall contract. 2. The con tr act amount upon which the requarements set font, in paragraph 1 of Section VII 11 computed includes the coat of material and manufactured products which •e to be purchased or produced by the contractor under the contract provi110ns. 3. The contractor shall fumtsh (al a competent su~ntendent or supervisor who II employed by the firm. has full authority to direct pe,to,mance of the work 1n accordance with the contract reQUN"ements. and 11 in charge of 111 constructtc>n operations (regardless of who performs the workl and (bl such other of its own organizat,onal resources Caupervi&10n, management, and env,neenng 1erv1ce1) 11 the SHA contracting otticer determines is necessary to assure the performance of the contract. 4 . No por11on of the contract shall be sublet. assigned or otherwise disposed of except wnh the written consent of the SHA contracting officer . or authorized representative, and such consent when given shall not be construed to relieve the contractor of any re1pans1b1hry for the fulfillment of the contract . Wnnen consent w,11 bll given only after the SHA has assured that each subcontract 11 evidenced ,n writing and that it contains all pertinent t,rov111ons and requirements of the prime contract. VIII . SAFETY: ACCIDENT PREVENTION 1 . In the performance of ttus contract the contractor shall comply with all applicable Federal. State, and local lawa govern· ing safety, health. and san1tat1on 123 CFR 8351 . The contractor shall provide all safeguards, sefety devicea and protective equi-t and take any other ,-dad actions a, it determine,. or n the SHA contracting officer may determine. to be reasonably ,,..,.._., to protect the life and health of employns on the )Ob ...i Iha safety of the publtc and to protect pr~ ., connection With the performance of the work co-ed by the contract. 2 . It 11 a cond1t1on of th11 contract , and shall be made a condit10n of each aubcontract, which the contractor enters ento p,nuam to this contract. that the contractor and lffV aubcontrac · tor lhal not perm,t any employee, ., performance of the contract. IO work., surroundings or under c:ondmonl which .. -tary, hazardous or d9"9erous to hoalher health or safety, • determ,ned under con1truct1on safatv and health st~da 129 CFR 19261 promuitated by the Secretary of lal>or, ., accordance with Section 107 of the Contract Work Hou<1 and Safety Standards Act ('° U.S .C . 3331. 3 . PIMauant to 29 CFR 1926.3, at •• a conditaon of thla contract that the Secretary ot Labor or authonted r911'-ntat1ve thefeof , shall have right of entry to any a.te of contract perfor· mane• to .nspect or investigate the matter of compianc:e with the construction safety and health stand•d• and to c:arrv out Iha dutaes al the Secretary under Section 107 of the Contract Work Houri and Safety Standards Act (40 U.S .C . 3331 . IX. FALSE STATEMENTS CONCERNING HIGHWAY l'IIOJICTS In order to asaura h,gh quahty and --constructaon in conformtty with approved plans and -,:1ficataon1 ...i a IIIQh de9rn of rehabthty on statementa and representatione ...-by _.....s. contractors, auppliera , and workera on F9derel·lltd htghway proiecta. ,t II easentaal that all --conc.ned with - the project perform their functions as carefully, thoroughly, and honestly as posa.bte . Willful fals1ficat1on , distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding reg•dinQ the seriousness of these and samalar acta. the following notice shall be posted on each Federal-aid highway project (23 CFR 6351 in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEOERAL·AID HIGHWAY PROJECTS 18 U.S .C. 1020 reads II follows: "Whoever, being an officer. agenr. or employH of the United St•t•s. or of •ny Stat• or T•rritory. or whoever, whether a person, auociation, firm, or corporation. knowingly makes any false srarem,,,.r, ,.,,a representation, or false ,.port as to the cltaracrer, -/ity, quantity, or cost of the matllrial used or to be used, or the quantity or quality of t!te work performed or to be ,,.,.,,,,.,,,_,, or the cost rhereof ;n connection with the submiUion of plllns. fNO.S, sp«ifieations. conm,crs. or costs of construction on any highway or relar~ project submitted for approval ro the Secretary of Transponation; or Whoev• knowingly makes any fa lse sratemenr, ,.lse ,wpresen · tation, r.ise report or false cla,m w,rr, resp.er ro rhe ch•,..crer. qu•liry, quanriry, or cosr of any work performed or ro be per- formed. or mar~rials fumished or ro oe fumisfled, in connection with the consrr c rion of any highway or related projecr approved by rhe Secretary of Transporrarion; or Whoever knowingly makes any false srarement or false repr~- sentation 11 to material facr in any sr•rement. certificate. or n,porr submitted pursuant to provisions of the F«Jerwl-aid Roads Acr approved July I , 1916. /39 Stat. 3551. as amended and supple,,,.,,ted; Shall be fined not more thar S 10.000 or imprisoned not more than 5 i,ean or borh. • X. NPlEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER l'OLLUTION CONTROL ACT (Ac,oticabte to 111 Feder1l,a1d con1truct1 on contracts and to all related subcontracts of S 100.000 or more .I By subm1a1ion of this bed or tr,e execution of this contract , or IUbcontract. as appropriate. the badder . Federll·lltd constructaon contractor, or subcontractor. 11 apOfopnate, wtll be deemed to have at,pulated aa follows: 1. That any fac1hty that 1a or will be utilized ,n the performance of this contract, unless auch contract ,s exempt unoer the Clean Air Act, as amended (42 U.S .C. 1857 111111 •, as amended by Pub .L. 91 -6041 , and under the Federal Water Pollution Control Act. as -ed (33 U.S .C . 1251 11 ug., aa --by Pub .L. 92 -5001 , Executive Order 11738. and regulations ,n amplemanta· tion thereof I'° CFR 151 ,1 not listed. on the date of contract award, on the U.S . Environmental Prot actaon A11ency (EPAI LIit of Violat,"11 F~c,h taes pursuant to 40 CFR 15 .20. 2 . That the hrm agree a to comoly and remain 1n cofflpMance with all the requwemen11 of Section 1 1 4 of the Clean Aar Act and Section 308 of ti-:• Federal Water Po llution Control Act and all regulatao"' and guldehnea li sted t-eunder. 3 . That the firm shall promptly not,ty the SHA of the reca,c,t of lltV c:ommunacat-from the O.-ector. Office of F9derel ActMtleS. EPA , lftdicatang that a fac1l1(V that ,, or wall be ut•ted for the RIQUIRI~ IY 23 CFR 5)).102 ·27- • • • • , 2 I - contract •• under consideration to be listed on the EPA List of Violat1nQ F1c1lit1es . 4 . That the firm agrees to ,nclude or cause to be included the requir-ts of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action •• the government may direct as a means of enforcing such requwements . XI. CERTIFICATION REGARDING DEBARMENT. SUSPENSION. WELIGIIILITY AND VOLUNTARY EXCLUSION 1. ~ for C.uflc-· Primay Co-T-.ac· llono: (Applicable to •II Feder•l·••d contr•cts · 49 CFR 291 •· By signing and submttt,ng tfQ proposal. the pro~ive primary participant is providing the cert1ficanon set out betow. b . The inability of • -son to provide the certification Ht out below will not necessarily result ,n denial of participation in th11 covered transaction. The prospective pamcipant shall submit an explanation of why it cannot provide the cert1ficatton Nt out below. The cenlfication or explanation wilt be considered in connection with the depanment or agency 's determination whether to enter into th11 transaction . However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this tran1action . c. The certification in this clause is a material repreunta· tion of f•ct upon which reli•nce wH placed when the ~t or agency determined to enter into this transaction . If it is later determined that the prospective pnmary participant knowingly rendered an erroneous cert1ficat1on . in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d . The pro-,:tn,e pnmMV pan1cip11m shall provide immedi- ate written notice to the department or agency to whom this proc,oul is submitted ,f any tune the proapectrve primary partici· pant learns that ,ta centfication was erroneous when submitted or has become erroneous by reason of changed cwcumatancea. e . The terms ·covered tranuct,on, • ·debarred,'" ·a,apend- ed , • ·1nel'91ble , • '"lower tter covered transact10n. • ·partk:ioant, • "person,• ·pnma,y co-ed tr•nuct,on.· "pnncipal," ·propooa1.· and ·voluntarily exctuded, • 111 used ,n tht1 dausa. have the me-set out ,n the Defin1t10ns and Co--HCtions of ruin 1mp .. ment1ng Executive Order 12549. You may contact the deoartment or agency to which this p(opo,_. 11 1Ubm1nltd for assistance 1n obtaining a copy of those regulanons . f. The pro-,:t,ve pr,mwv part1c ,p•nt IQl'NI by tubmitt1ng th11 propoul that. should the propoHd covered tr-.ctlOn be entered into, •t shall not know1n91y enter into any lower teer covered tr ansact ion w ith a person who 11 debarred. suspended, declared inehg1ble , or voluntarily excluded trom p.anic1pation in this covered tran1act 1on. unless authorized by the department or agenc y entering into this transaction . g . The prospective prom••Y p.n,c,p•nt funhe< 1111'"" by submitting this proposal that ,t will include tM clauM ntted ~Cert 1fic•t1on Regarding Debarment. Suapena,on. lneligib,Nty - Voluntary Exclusion-Lower Tier Cov•red Transactton. • provided by the department or agency entering into thta cov•ed uan1ac· tion. without mod1f1c1uon , m all lower tllf covered tranuctaons and 1n all aolic1t1t1on1 for lower u•r covered tranuctiona. • "' - 0 I• • h . A participant 1n a covered transaction may re ly upan 1 certlficauon of a prospective pan1c1pant in a tower tier covered transaction that 11 not debarred. suspended, ineligible . or vokm· tanly excluded from the covered tr....uct10n. unless it knows that the certification i1 erroneou1 . A participant may decide the method -fraquency by which it determines tl'le elig,b,li ty of its princtpala . E•ch penn:,pant mey, but ia not required to. c:heclt the nonprocurement pon,on of the "Li•t• of Parties Excluded From ~•I Procurement o, Nonprocurement Programs· INonD<ocure- ment Listi which ia compiled by the General Services Adm1niatr•· tion . I. Nothing contu,ed in the for,ego,ng sh•II be construed to require establistvnent of I system of records ,n order to render in good faith the certification required by this cl•use . The knowl· edge and information of participant is not required to exceed that which is normally po1n1Nd by a prudent person 1n the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions. if I par11c1pant 1n a covered transaction knowi ngly enters into a lower tier covered rransact1on with a person who is suspended. debarred. ineligible. or voluntarily excluded from participation 1n this transact,on. in addition to other remedies available to the Federal Government . the department or agency m11y terminate this tran11ct1on for cause or default. Ceniflclltion R,egardlng ee.m.nt. Su-lion. Ineligibility - Voluntery Exclusion-Primary Covered Tranuction1 1 . The prospective primary part1c1pant c en:if ies to the best of its knowledge and belief, that it and its pnnc:oats : a . Are not presently debarred. susoended . proposed for debarment . declared 1nelig1ble . or voluntarily excluded from covered transactions by any Federal depanment or agency; b . Have not wtthtn a 3 ·vear period preceding t h,1 ;,roponl been convicted of or had • c1vd Judgement rendered against tt,em for eommiss,on of fraud or I crim,nal offense 1n connection with obta1n1ng , 11nempt1ng to obtain. or performing I public (Federal , State or locan transaction or contract under II ouDhc transactson ; v,olat1on of Federal or State antitrust statutes or comm,ss.on of embeutement. theft. forgery , bribery, tal11f icat1on or de1truct10n of records . making false statements. or recetv ,no stolen property; c . Are not presently indicted for or otherwise cnm1naffy or c,v,lly cl'l•rged by • government•I entity !Federal . St•t• or local) wrth comm1u.on of llf'1Y of tM offenses enumerated 1n paragraph 1 b of th11 certification: and d . Have not within I J .yaar period preceding this applica · ttan/proposal hAd one or more pubhc trans11c t1 ons (Federal , State or locaO terminated for cause or default . 2 . Where the p(O&peCt1ve primary pan1c 1cant 11 unable to certi fy to any of the statements ,n this cen,f icat1on , such pro1c,ect1ve pan1c1pant shall attach an e,:planat1on to this propoHI . 2 . lnatnlCllane far c~ . Low• Tl• Co-T-.ac· tiona: (Apploc-to al ..-.roct1. i,urchaH o,ders ...., otMr io.. tier tr•nuctiona of 125.000 o, mo,e . 49 CFR 291 R&Qo t •ID I Y 2 1 C1'1t ,11 .10 2 •21 · • • • 0 r - • • • • 0 • <. a. Bv signmg and submitting this proposal. the prospective lower tter is providing the cen1ficat1on set our below. b. The certification ,n this clause is a material representa- tion of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an etTOneous cert1ficat10n, in addition to other remedies available to the Federal Government. the department. or agency with which this transac- tion originllted may pursue available remedies. including suspen- sion and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns thllt its cenificat1on was erroneous by reason of changed circumstances . d. The terms ·covered tranuct,on. • ·de-.· ·su-nd- ed, • ·ineligible,· ·primary covered transaction,· ·participant.· •person,· •prancipal, • ·proposal .· and ·voluntarily excluded,· as uud in this clause. have the meanings set out 1n the Definitions and Coverage sections of rules 1mplement1ng Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regiutations. e. The prospective lower tier participant agrees by submit - ting this proposal that. should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred. su1pended. declared ineligible. or voluntarily excluded from participation in thts covered transaction. unless authorized by the depa"ment or agency wrth which this transaction originated. f . The prospective lower tier participant fu"her agrees by submitting this proposal that ,t wdl include this clause titled .. Certification Regarding OeDarment. Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction.· without modification, in atl lower tier covered transactions and in all aolicnation1 for lower t ier covered transactions. g . A participant in a covered transaction may rely upan a ce"1fication of a p,osoect1ve pa"1c1pant in a lower tier covered tranuctton that 1s not debarred. suspended . ineligible , or votun- tanty ••duded from the cov9fed transaction, unleu it knows that the certification ,a enoneous . A part1c1p1nt may decide the method and lr-cy by wh,cn ,t determines the eliQibility of its pnnc:ipala . Each pan,c,pant may, but ia not required to. c:hec:k the Nonprocurement Ust . h. Nottw,g contained in the foregoing shaU be construed to reQUire establishment of a system of records in order to render in good faith the cert1f icat1on required by this clauu. The knowl- edge and informatlOn of paruc,pant ,a not required to exceed that which iii normally possessed by a prudent person 1n the Of'dinary course of busuwss dealings . I. Except f or t ransactions authorized under paragraph e of these 1nstruct1ons, if a parti cipant in a covered tranucttan knowingly enters into a lower tier covered tranuct1on with a person who ia suspended. debarred . 1nelig1ble, or voluntarily excluded from part1c1pat10n in tl'Ns transaction, in addition to other remedies avaalatM1 to the Federal Government. the department or agency with which th11 transaction origmated may pursue 1v1llabte remedies. inctud1ng susoens1on and/or debarment. Caniflcation Repdin9 0-. 5u_...,.., IMlgillilty - Voluntary hdu.---Lower Tier C-..1 T,.wlloo•: • 1 . The prospective lower tier participant certifies. by Sw:r:"'.is- sion of this proposal, that neither it nor its principals ,s pntse~rty debarred. suspended. proposed for debarment. declared ine!tt;:::>te . or voluntarily excluded from pa"1cipation in this tranu~c::r ~v any Federal dep1nment or agency . 2 . Where the prospective lower tier participant is unaa:1e -:-o certify to any of the statements in this ce"1ficat1on . s...:.., prospective participant shall anach an explanation :c =us proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT F..JN::S FOR LOBBYING (Applicable to all Federal-aid construction contracts ana := 311 related subcontracts which exceed $ 100.000 -49 CFR :o 1. The prospective participant certifies. by signing and .iU.C:~rt- ting this bid or proposal. to the best of h,s or her knowlecc:;zt-3nd belief. that : a. No Federat appropriated funds have been paid or v,·. ::,e paid. by or on behalf of the undersigned. to any persc::r .i.:,r influencing or attempting to influence an officer or emp1c v ,e,e. :f any Federal agency, a Member of Congress. an officer or !m-.: : v- ee of Congress. or an employee of a Member of Cone;~~ .n connection with the awwding of any Federal contract. the TrcAC:.T\Q of any Federal grant. the making of any Federal loan. the ~ma-ng into of any cooperative agreement. and the extension . c:::rm-..:..a- tion . renewal . amendment, or mod1ficat1on of any ::.c-e"""ai contract. grant, loan, or cooperative agreement . b. If any funds other than Federal appropriated tuna£ -..1ve been paid or will be paid to any person for influencing or a~:!- ing to influence an officer or employee of any Federal aglt!T".:::·. ii Member of Congress. an officer or employee of Congress. =-1n employee of a Member of Congress in connection w,m :-.,s Federal contract. grant. loan. or cooperative agreemerrr. ::"le undersigned shall comS,,ete and submit Standard Ferm·--· ·o,sclosure Form to Repo" Lobbying ... 1n accordance N,rn--:s ,nstruct1cns. 2 . This cert1ficat,on is a matenal representation cf t ac:-..::m which reliance wn placed when th11 transaction was mau:t ,r entered into . Submisaaon of this cert1ficat1on 11 a orerequssnm -::>r making or entering into this tran1•ct1on imposed by 3 1 __ ,:. :. 1352. Any -n who f .... to file the reqund ce<11f icat1crT r.-111 be 1ub1ect to I civil penalty of not less than S 10,000 an:c "'lot more than S 100.000 for each such failure . 3. The P,OIPKtJW part,apant also i19f89S by subm,nong -,s ,, her bid or propaul tNt he or she shall require that the t1n::;:.:....a;1 of this ce"1fication be included in all lower tier subcomra::s . which ••cffd S 100,000 and that 111 s uch rec1p,ents sh11I ~-:-'v and d isclose accordingly . RSQUIRIEI> av ll C,R ,11 102 ··~- • • • • , ] - • • ,, - 0 I• • • ADDENDUM A: FEDERAL REOUIREMENTS Federal laws and regulations that may be applicable to the Work include : A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Conunon Rule), at 49 Code of Federal Regulations, Part 18, except to the extent that other applicable federal requirements (including the provisions of 23 CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore supenede such Pan 18 provisions. The requirements of 49 CFR 18 include, without limitation: l) the Local Agency/Contractor shall follow applicable procurement procedures, as required by section 18 .36( d); 2) the Local Agency/Contractor shall request and obtain prior COOT approval of changes to any subcontracts in the manner, and to the extent required by , applicable provisions of section 18.30: 3) the Local Agency/Contractor shall comply with section 18 .37 concerning any subgrants; 4) to expedite any COOT approval, the Local Agency/Contractor's attorney, or other authorized representative, shall also submit a letter to COOT certifying Local Agency/Contractor compliance \.\1th section 18.30 change order procedures, and with 18 .36(d) procurement procedures, and with 18 .37 subgrant procedures, as applicable; 5) the Local Agency/Contractor shall incorporate the specific contract provisions described in l 8 .36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services as terms and conditions of those subcontracts. 8 . Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity." as amended by Executive Order 11375 of October 13. 1967 and as supplemented in Department of Labor regulations ( 41 CFR Chapter 60) (All construction contracts awarded in excess of SI 0,000 by grantees and their contractors or subgrantecs). C. The Copeland "Anti-lGckback" Act (18 U .S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subgrants for construction or repair). 0 . The Davis-Bacon Act (40 U .S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contraets in excess ofS2.000 awarded by grantees and subgrantees when required by Federal grant program legislation. This act requires that all laborers and mechanics employed by contractors or sub-contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor). E . Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2 ,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers). F. Standards, orders, or requirements issued wider section 306 of the Clear Air Act (42 U.S .C . l 857(h), section 508 of the Clean Water Act (33 U .S .C. 1368). Executive Order 11738, and Environmenl&.I -30- • ' .... •· • 0 . . n,1 I -• "' - • - Protection Agency regulations ( 40 CFR Part 15) ( contracts, subcontracts, and subgrants of amounts in excess ofSI00,000). G. Mandatory standards and policies relating to energy efficiency which arc contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 ). H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable. I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs. J. 42 USC 6101 ~ 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80 ~-These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or part, by federal funds; K. The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117, 12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611. L. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended (Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor is acquiring real property and displacing households or businesses in the performance of this contract.) M. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 '1..SQ.). N . The Age Discrimination Act of 1975, 42 U .S .C. Sections 6101 ~ and its implementing regulation, 45 C .F .R. Part 91; Section 504ofthe Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F .R. Part 84. 0 . 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". P. 23 C.F.R Part 633 , concerning "Required Contract Provisions for Federal-Aid Construction Contracts". Q. 23 C.F .R. Part 635, concerning "Construction and Maintenance Provisions". R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973 . The requirements for which arc shown in the Nondiscrimination Provisions, which arc attached hereto and made a pan hereof. -31- • . .. •· • , ]- - • • • .. APRIL 1980 Nondiscrimination Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 16:(a) of the Feder>~ Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as fo[ows : A . Compljance wjth Rte&YJatjons The Contractor will comply with the Regulations of the Depar::nent ofTransponation relative to nondiscrimination in Federally assisted programs of the Depanmot of Transportation (Title 49, Code of Federal Regulations, Pan 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a pan of this contraet. 8 . Nondjscrimjnatjon The Contractor, with regard to the work performed by it after award and :;,rior to completion of the contract work, will not discriminate on the ground of race . color, sex, me:::.il or physical handicap or national origin in the selection and retention of Subcontractors. inclt:.iing procurement of materials and leases of equipment. The Contractor will not panicipate either di..~tly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, incluing employment practices when the contract covers a program set forth in Appendix C of the Regula::ons . c. Soljcjtatjons for Subcontracts Includioa Procurement of Materials and Eguipmem I.:: all solicitations either by competitive bidding or negotiation made by the Contractor for work :..> be performed under a subcontract, including procurement of materials or equipment. each potctial Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations un~ this contract and the Regulations relative to nondiscrimination on the ground of race. color. sex, me~ or physical handicap or national origin. D . lnformatjon and Reports. The Contractor will provide all information and repons required l::: the Regulations. or orders and instructions issued purslWlt thereto and will permit access to its oc,oks, records, accounts. other sources of information and its facilities as may be determined by the Sta:e or the FHW A to be pertinent to ascertain compliance with such Regulations. orders and instruc::ons. Where any information required of the Contractor is in the exclusive possession of another who :"ails or refuses to furnish this information, the Contractor shall so certify to the State. or the FHWA as appropriate and shall set forth what efforts have been made to obtain the information. page I of 2 pages -32- . ' .. • • 0 , • • • <. ,. • . . E. Sanctions for Nopcompljapce In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHW A may detennine to be appropriate, including, but not limited to : (1) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; (2) Cancellation, termination or suspension of the contract, in whole or in part. F. Incorporation of Pmyisiom The Contractor will include the provisions of paragraphs A through F in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or PfOCUfflnent as the State or the FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance; provided. however, that, in the event the Contractor becomes involved in, or is threatened with. litigation with a Subcontractor or supplier as a result of such direction, the Contractor may n=quest the State to enter into such litigation to protect the interest of the State and in addition, the Contractor may n=quest the FHW A to enter into such litigation to protect the interests of the United States. paae 2 of 2 Plies -33- .. • .. • • 0 f --I ]- • • • • . . A TI ACHMENT LO Certification for [cdcnl-;\id Coattffll The contractor certifies, by signing this contract, to the best of its knowledge and belief, that: ( 1) No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or of Congress, or an employee of a Member of Congress in coMection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Repon Lobbying," in accordance with its instructions . This cenification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this cenification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S . Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure . The prospective panicipant also a,ree by submittin& his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subconttacts, which exceed SI00,000 and that all such subrecipicms shall certify and disclose accordingly . Required by 23 CFR 63 5 .112 -34- • t • . • • 0 I I -• 0 • . . .. APPENDIXB DISADVANTAGED BUSINESS ENTERPRISE (DBE) SECTION 1. ~ It is the policy of the Colorado Department of Transportation (COOT) that disadvantaged business enterprises shall have the maximwn opportunity to participate in the performance of contracts financed in whole or in pan with Federal funds under this agreement, pursuant to 49 CFR Pan 23. Consequently , the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement. SECTION 2 . DBE ObliKation. The recipient or its conttaetor agrees to ensure that disadvantaged business enterprises as determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the maximwn opportunity to participate in the performance of conttacts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all panicipants or contractors shall take all necessary and reasonable steps in accordance with the COOT DBE program (or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged business enterprises have the maximwn opportunity to compete for and perform contracts. Recipients and their conttaetors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of COOT assisted contracts. SECTION 3 DBE Promro The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. (If applicable). A copy of the DBE Program is available from : Business Programs Office Colorado Department of Transportation 420 1 East Arkansas Avenue, Room 28 7 Denver, Colorado 80222-3400 Pho ne : (3 0 3)757-9:?3 4 uid will be mai led to the contractor upon request. re vised I /22/98 -3 5- Required by 49 CFR Part 23.41 •. .. •· • 0 I I • "'~ • I• • ' ADDENDUM R; CONTRACT MODIFICATION TOOLS The Local Agency and the State may use one or all of the following Contract Modification Tools, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. A CHANGE ORDER Bilateral changes within the general scope of the contract, as defined above, may be executed using the simplified change order letter process described in this paragraph and the sample letter attached for any of the following reasons : a . Where the agreed changes result in no adjustment to the (price) [ceiling cost), delivery schedule. or other terms and conditions of the contract. The change letter will contain a mutual release of claims for adjustment of price, cost, time for performance, or other terms and conditions, whether based on costs of changed work or direct or indirect impacts on unchanged work, as a result of the change;or b . Where the changes to the contract are priced based on the unit prices to be paid for the goods or services in [Exhibit __J [Attachment __J of the contract; or c . Where the changes to the contract are priced based on established catalog prices generally extended to the public ; The written change letter will be substantially in the form at Exhibit __ , must bear the signature of the authorized agency official , the contractor, and-except where the parties agree on the face of the change order that no price/cost, schedule, or other contract adjustments are due the contractor--the State Controller or his dcsigncc. The change order letter shall refer to the basic contract and include a detailed description of the changes to the contract, the price or cost ceiling adjustment, the effective date, and (where applicable) the time within which the changed work must be done. B. FUNDING LEITTR Under this Contract, the Local Agency has agreed to provide funding based on the terms as described herein as needed to satisfactorily perform and complete the work, subject to the availability of funding . Funds are currently available and encumbered for the work in the amount specified above . However. the total cost to complete the work, and the resulting total funding amount(s) to be provided by the State and Local Agency in exchange therefor, u described in this Contract or ocbcrwisc made known to the Local Agency, are only estimated. -36- • I • " • • 0 I I - • • ,, - 0 t• • ' If the parties determine that they have underestimated/overestimated these total cost of the work, they have the right to take the following action: A. to increase/decrease the amount of available funds under this Contract. In the event of this action, the State will notify the Local Agency thereof by Funding Lener. The Fwtding Letter will be in a form substantially equivalent to that in Exhibit A and it shall not be deemed valid until it shall have been signed by the Local Agency and approved by the State Controller or such assistant as he may designate . C. Task Order COOT may order the performance of additional Work within the Scope by issuing a Task Order Letter to the Contractor, as follows: a. After consultation with COOT, the Contractor shall prepare a Scope proposal for additional Work (or "Task Proposal"). Each proposal shall identify: the particular tasks to be performed. as well as the time for that performance; and the maximum compensation that the State shall be obligated to pay for the satisfactory performance and completion of the Work in that proposal, using the same cost rates/structure as contained in the Contract. The Task Proposal shall reference this original Contract between the parties. b . Each proposal shall be as negotiated and agreed by the parties. The Contractor shall submit that proposal to the Department. all in a form acceptable to the Department. c. If the State desires the contractor to perform the Work proposal, a Task Order Letter in the form attached as Appendix H shall be prepared and signed by the parties. Performance of the Work, and payment for that work, shall be governed by the standards and procedures set forth in the UPWP and this Contract. d . Upon such negotiation and agreement by the parties, and upon execution of the Task Order Letter, the contractor warrants that performance will be successfully completed within the time and [price] [cost ceiling] identified in the Task Order. The State's financial commitment memorialized by the Task Order Lener shall not be effective until signed by the Controller or such assistant as he may designate. e. The maximum amount for all tasks/services identified in a proposal shall not exceed the maximum amount described in that proposal. The State's financial obligation for a particular proposal is limited by that amount, and the contractor shall accept no Task Orders which result in a cumulative proposal value which exceeds the "not to exceed" value. Upon proper execution and approval, this letter shall become an amendment to this Agreement and, except for the General and Special Provisions of the Agreement, the letter shall supersede the Agreement in the event of a conflict between the two . -37- -• · r,,t • It .... • • 0 , - - • . " • The Contractor shall not commence work to be performed under each Work Scope proposal until the date specified by the Department in the Task Order letter, and the Contractor shall complete same by the date specified in the proposal, unless the time thereof is extended. -38- .. •, ' . . , • • 0 1 32xl ]- • 0 • Appendix : Work Change Order Letter Date: ---------- State Fiscal Year 1998-99 Change Order Letter No . __ In accordance with Paragraph __ of contract routing number__, between the State of Colorado DepartrnentofTransportationand [Contractor] covering the period of 1997 through , the undersigned agree that the Work Scope/Schedule/Plan affected by this change letter are modified as follows: Sen:ices The Work Scope/Schedule/Plan is amended by------------------(describe change). Price/Cost The maximum amount payable by COOT for the Work as described in Paragraph __ is (jncr;ascd/decreascd) by ($ amount of chanae) to a new total of($ ), based on the pricing/cost in the Contract. That Paragraph is hereby modified accordingly; OR The panics agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment to [price J [ cost ceiling], or other terms or conditions of the contract. The parties waive and release each other from any claims or demands for adjustment to the contract, including but not limited to price, cost, and schedule, whether based on costs of changed work or direct or indirect impacts on unchanged work . Controller approval of this "no cost" change is not required. Contractor initials . COOT initials. Upon proper execution and approval, this letter shall become an amendment to this Agreement and, except for the General and Special Provisions of the Agreement, the letter shall supersede the Agreement in the event of a conflict between the two . This change to the contract is intended to be effective as of , byL except wjth respect to "no cost" chanaes identified above, in no event shall it be dcs;med valid until it $ball have bccn approved bv the State Controller or such assistant as he may dcsi&Df&c Please sign, date, and return all copies of this letter on or before ------19 __ . -39- •. •· • 0 , I • . . -• . • ,. J Contractor Name: State of Colorado: Roy Romer, Governor By: _______ _ Name _______ _ Title ______ _ By: ________ _ For the Executive Director Colorado Department of Transportation APPROVALS: FOR TiiE STATE CONTROLLER .. Clifford W. Hall By: By:--------- For COOT State Controller or Designee • • -40- Date : ---------- State Fiscal Y car 1998-99 Task Order Letter No. • • , . • Appendix : Task Order Letter In accordance with Paragraph __ of contract routing number __ , between the State of Colorado for the use and benefit of its Department of Transportation and [Contractor] covering the period of 19 _ through 19 _ the undersigned agree that the services affected by this Task Order Letter arc ordered/modified as follows: Task Order Description The contractor shall perform the task in accordance with [the following specifications/statement of work] [the contractor's Task Proposal dated , as amended by amended Task Proposal dated , both of which are hereby incorporated by reference]. Price/Cost The [price] [maximum amount payable by the State] for ____ .A,[SCJY1-. ... · ... ce.,.J~--------- dcscribed above __ is ($ ) for a new contract total of(.-.$ __ _,). Perfonnance Period. The contractor will complete the performance in this Task Order by ________ (date]. This Task Order is executed pursuant to paragraph __ of the original Contract. The parties agree that all work shall be performed according to the standards and terms set forth in the original Contract. In the event of any conflict or inconsistency between this amendment and the original Contract, such conflict or inconsistency shall be resolved by reference to these documents in the following order: Special Provisions, original Contract, attachments/exhibits to the original Contract, this Task Order Letter, attachments/exhibits to this Task Order Letter, then Task Order Proposal. -41- • •• .. •· • 0 , - • • "'~ • • C• • ' (. This Task Order is effective as of . In PA event ,ball jt he des;med yaljd until it shaH have been lllPPYed by the State Contmller or sw;b wi5J1Dt as be may dcsim,tc . Contractor Name: By: ________ _ Namc~~~~~~~- Title~~~~~~- APPROVALS: FOR THE STA TE CONTROLLER Clifford W. Hall By : ________ _ State Conttoller or Designee State of Colorado: Roy Romer, Governor By : ________ _ For the Executive Director Colorado Depar1ment ofTrmsportation . , • ' .. • • 0 , ____ I ]- • • . ' • <. PRE-CONSTRUCTION ADMINISTRATION CHECKLIST Project Code l:_.1_1_g_g_g,__~~~~~~~ Local Aqency:_.E~n~swiwe~w~o~o~d.._~~~~~~ Design P.rnject Manager: Gary Ruper Resident Engineer:~~~~-~--~ Project I: STU 2854-071 Location: Brg44¥ay; ys2es to XA!t Description: Wigen Cgr raised median The fol 1 owing checklist shall be utilized to establish Lhe PRE-CONSTRUCTION ADMINISTRATION CHECKLIST responsibilities of the individual parties to this agreement. RESPONSIBLE PARTY ~ DESCRIPTION OF TASK 1. Transportation Improvement Program(T.I.P.) 2. De::ilgn Data (CDOT Form 1463) .......•................ __x__ 3. 4. 5. 6. 7. Funding Authorization ................................ __ _ LA/CDOT Project Agreement ........................... __x__ Utility, Railroad, and Consultant Agreements ........ __x__ Consultant Selection ................................ __x__ Field Inspection Review (FIR) ...................... . 8. Public Hearings ..................................... __x__ 9. Environmental Processes ............................ . 10. Design Approval ..................................... __x__ 11. Final Office Review (FOR) ....•...................... 12. Force Account Justification ......................... __x__ 13. 14. Proprietary Item Justification Davis-Bacon Wage Rates (~Yes _No) ............... . 15. Design Except i ons ................................... __x__ ------' . , • . .. • • 0 1 __ , I -• • ~ . • ' '· RESPONSIBLE PARTY IP PE$CBIPTION OF TASK 16. Rights-of Nay •.................•...............•.... 17. Plans, Specifications and Construction Cost F.stiMdte~ 18. EEO/DBE Requirements ..........................••.... 19. A<.ivf!.t·tisinc; Less Than Three Weeks .................. . 20 . LA Ad and Award .................................... . ~l. Construction Administration ........................ . ___ Preliminary Checklist ___ Revised Checklist __lL,_Final Checklist eAuthorization by COOT Date: ____ _ Date:. ____ _ Date: 3/2/98 *Requires FHWA concurrence/involvem•nt. 04/29/96 ~ 6'ilJICX ggT ~ ~ __x_ --'-- __x_ --'-- --'-- ,, -. ' ' • . .. D • • 0 I ,,.,.. I - • • • • • • COIISTRQCTION CONTRACT_ADN;IK;ISTRAT;ION cm:cg LIST Page 1 COOT Region: Local Agency: Englewood COOT Design Project Nanager: Gross/Huber Loca.l Agency Project Nanager:~k Kahm COOT Resident Kngin .. r: Larry McKenzie Project Code (SAi): ~ Project No.: STU 2854-071 Location: Broadway· us2sc; to Yale Description: Widen Broadway The following check list shall be utilized to establish the CORSTIUJCTIOlf COlfl:RACT Amg:HISTJATIOR responsibilities of the individual parties to this agreement. TBI! cm:ctt LIST SHALL Bl! INCORPORATKD IJITO TD ENTITY AGRBDGDrr AT PROJECT INCEPTION. TBI! CDCK LIST SHALL Bl! PREPARED BY PLACIRG AH X ONDER TBB RESPONSIBLE AGENCY, OPPOSITE EACH OF TBI! TASKS LISTBD BELOW. When CDOT is selected to be responsible or co-responsible by option, the method of the Local Agency's reimbursement for CDOT'S costs must be escablished. NUN DITBBR COOT ROR TD LOCAL ACDCY WILL BE RESPONSIBL& FOR A PARTICOLAR TASK, NON-APPLICABLB (HA) SHALL BB PLACED ORDER BOTH AGBNCIBS AND A.N 11:XPLAHATIOH or IIIIY DITBBR AGENCY IS RESPORSIBLB SHALL BB INCLUDED. TASKS WHICH WILL BB PBRFOIUG:D BY BBADQOJUlnRS STAFF WILL BB SO INDICATBD. TBI! Rl:GIONS, IR ACCOBDARCK WITB BSTABLISa.D POLICIES AND PROCSDORl:S wa.R APPLICABLE, SHALL DBTEltllID no WILL PBRl'ORM ALL OTBBR TASKS IIBICB ARI: TD RESPONSIBILITY or CDOT. TBI! DESIGN PROJECT IUUIAG&R SBALL RO'l'IFY TD UPROPRIAT& USIDBll'l' DGIDU, AND THOSE OH TBB ICIRIMCM DISTRIBOTIOII LIST &&LOW, 01' FIELD IRSPBCTIOR UVIDS (l'.I.R.) AND FINAL OFFICK UVIDS (F.O.R.) FOR ALL L. A. l'ROJECTS. Ir A CHECK LIST WAS NOT IRCORPORATBD IRTO TD! ORIGINAL l'llOJECT .AGRBBMBNT OR TD! CONSTROCTIOH COIITRACT ADMINISTRATION RBSl'OIISIBILITIBS IIAVS CIIAIIG&D THE FOLLOWING PROCEDOUS SHALL Bl! OSSO: A preliminary check list shall be prepared, by the COOT Project Manager, prior to the F.I .R. and submitted to the Region Construction Engineer (RCE) with the F.I.R. notice. If Contract Administration responsibilities are changed after the F .I.R ., the COOT Project Manager, shall prepare a revised check list and distribute copies . The COOT Pro ject Manager shall prepare the FINAL check list prior to the F.O.R. and submit copies to all persons receivintJ the F.O.R. notice. The minimum distribu tion list i::i shown below. X PRl!LIICINARY CBBCK LIST -DA.ft ------- -DAT& Rl!VISBD Clll:Clt LIST FINAL CBBCK LIST -DA.ft ~03/02/98~ COPY: COOT l'N LA 1'11/1'1: COOT llCS COOT ma: COOT U/H UVIUD 10/1'/96 ..... • . .. •· • , - • • 0 ·, - CONTRACT ~ISTRATION CHECK LIST PAGE 2 ** R&SPOIISIBLS PARTY I,QgL Im... DBSCRIJ?'rION or nsg 1. Set Disadvantaged Business ~nterprise (DBE) goals for the project. (COOT Region EEO Administrative Program Specialist) 2. Set On Job Training (OJT) goals for the project. (COOT Region EEO Administrative Program Specialist when COOT is responsible.) 3. Assure the correct Federal Wage Decisions, all required DBE/OJT Special Provisions and the FHWA Form 1273 are included in the Contract documents. (COOT Region Oeoign Project Manager) This project is exempt from D~vis-Bacon requirements as determined by the functional classification of the project location. (Note: Projects located on local roads and rural minor collectors may be exempt.) Not Exempt COOT Design Pr-o~j-e-c~t--=M~a-n_a_g~e-r 3/02/98 --Date -- 4. Advertise for bids/open bids. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) IGIPCY _JL 5. Distribute "bid set" of plans and specifications _x_ to the person responsible ror ~hewing the project. (COOT Printing and Visual Communications Center, Division of Buman Resources and Administration when COOT is responsible.) 6. Review work site and plan details with prospective bidders while project is under advertisement. (COOT Resident Engineer when COOT is responsible.) _JL ** MOTS : Only one responsible party should be selected. If both are selected, a supplemental agreement specifying what task details are the responsibility of each J,Jarty ~hall be attacht!d to the Check List. When CDOT l:1 r1:1spom1ible or co-responsible by option, the method of the Local Agency's roimbursement for COOT'S costs must be established by an attached memorandum of understanding (MOU). _JL a.,n:sm, 1011,,,, •• •. •· • 0 , -• • • CONTRACT ADMINISTRATION CHECK LIST PAGE 3 ** R&SPOIISIBLE P.AR'l'Y u:!CIL IK2... QISC1\IPTIQN Of TASg 7. Determine compliance with DB~ requirements before the Contract is awacded: a. Check COOT Form t715 -Certificate of Proposed DBE Participation, when the low bidder meets DBE goals. (COOT Business Programs Office, (303)757-9234, Room 287, Division of Human Resources and Administration) b. Evaluate COOT Form t718 -DBE Good Faith Effort Documentation, and determine if the Contractor has made a good faith effort when the low bidder docs not meet DBE goals. (COOT Business Programs Office) c. Approve/disapprove award of Contract by completing COOT Form t719 -DBE Participation Summary. THIS FORM MUST BE COMPLETED BEFORE THE CONTRACT IS AWARDED. (COOT Business Programs Office) 8. Approve rejection of low bidder ... 9. Award Contract (COOT Construction Contracts Unit, Staff Design Branch, wheu COOT ls responsible.) 10. Distribute 10 [number: minimum of six (6)] . "award sets" of plans and specifications to CDOT Reqion Resident Engineer. ** (Further distribution will then be made to the Region Construction Engineer (RCE), COOT Staff Construction, COOT Staff Materials, and the Region Materials Engineer (RME), and others as required. COOT Printing and Visual Communications Center, Division of Human Resources and Administration when COOT is responsible.) IIOTE: Only oue r:~:1ponsible party ::,houl<.l be selected. Refer tu .,age 2 for additional lnrur111c&tion. AGQCY ~ ..JL ..JL ..JL asvtsm> 10/11/tl • I ., • • 0 ' -' .... ' , ? - • • • • . . CONTRACT ADMINISTRATION CHECK LIST PAGE 4 ~ PISCBIR'fIQll OJ TAU 11. Issue •Notice to Proceed# to the Contractor. (COOT Construction Contracts Unit, Staff Design Branch, when COOT is responsible.) 12. Conferences: a. Preconstruction (Request P~e-construction packet of information from Region EEO Administrative Program Specialist prior to the conference. COOT Resident Engineer when COOT is responsible.) b. Partnering c. Presurvey: (1) Construction staking (2) Monumentation d. Structural concrete prepour e. Concrete pavement prepaving f. HBP prepaving 13. Supervision of construction: ** a. Professional Engineer (PE) r4gister4d. in Colorado, who will be •in responsible charge of construction supervision•. Chuck Estarly.P,1, * 762-2soo Local Agency PE Phone number *To be delegated to LA Consultant b . Develop and distribute public notice of planned construction to the med i a and local residents. ** ll&SPOHSIBLS PARTY LOCAL MilNCJ .CDm'. ....x.... ..JL IIOTZ: Only one r1:1sponsible party should be selected. Refer to page 2 for additional information. UVIBD 10/U/H . ' .. •· I . ' • 0 2X • • • CONTRACT ADMINISTRATION CHECK LIST PAGE 5 •• R&SPORSIBLK PARTY ~ 182... QIS<;Rl;PTION or TASK AQACX aim c. ** Competent, experienced, staff who will ... ensure the Contract work is constructed in accordance with COOT policies, standards and procedures. (Refer to the COOT Procedural Directives and the following COOT Operating Manuals for guid~nce and assistance -Local Agency Construction Manual, COOT Construction Manual, COOT Field Materials Manual, COOT Survey Manual, CDOT Standard Plans, COOT Erosion Control Manual, COOT Davis-Bacon Manual.) 1) COOT Form t205 -Sublet Permit Application: ( 2) (a) Check COOT Form t713 -Contractor DBE Subcontract, Supply and Service Contract Statement. Sign Form #205 if Form #713 is complete. (COOT Region EEO Administrative Program Specialist) (bl Check and sign approval of Form t205 _lL. after Form t713 has been checked by the Region EEO Administrative Program SpAdalist. Constr~ction inspection including c~lculations, measurements, and documentation of interim and final pay quantities. ( 3) Conduct Co,1L:ractor/Subcontractors reviews to ensure conformance with the Equal Employment Opportunity(EEO) /Affirmative Action(AA)/DBE/OJT requirements contained in the Contract. (Standard Special Provisions, Project Special Provisions and F!IWA Form 1273) (COOT Region EEO Administrative Program Specialist) JIOTK : Only one r~~po~~ible party should be ~elected. Refer to page 2 for additional information. R&VISKD 10/1'/H ' -.. . ,., • . .. •· • 0 , I -• • - ~ISTRATIQN CHECK LIST PAGE 6 ** RBSPOIISIBLK PARTY ~ 182... DUQlIPTION or TASK IGIMCX ~ ** ( 4) Notify CUOT Region ~io Administrative Program Specialist and request assistance for all EEO/DBE/OJT/ o~vi~-Bacon que~tion~ or concerns. ( 5) Complete and submit to the CDOT Region EF.O Administrative Program Specialist, the required number of COOT Form t280 - Equal Employment Opportunity and Labor Compliance Verification. ( 6) Monitor DBE participation to ensure compliance with the "Com:nP.rcially U~eful Function" requirement~. ...lL ...lL ...lL ( 7) Complete and submit to the CDO'l' Region ...lL EEO Administrative program Specialist, the applicable number CDO'l' Form t200 - OJT Training Questionnaire, when ~reject utilizes OJTs. ( 8) Check certified payrolls to verify. . ...lL Contractor/subcontractors are in compliancP. with Contract r9quirements. Th9 checking shall be completed by pru jts1.:t ~rsonnel traint!u i:! pay roll checking. (Contact the Region EF.O Admini~trative Program Speciali~t for training requirements.) ( 9) Coordinate submittals by Contractor ...lL and all subcontractors of FHWA Form 1391 (Highway Construction Contractor's Annual EEO Report) to the COOT Region EEO Administrative Program Specialist. The Report is due to the Region EEO Administrative Program Specialist by August 10 for all construction projects Active during the last complete week of July. NOTE: Only one raljEJUllljilJle party should bts ljt!ltscted . Refer to page 2 for additional inform~tion. a.vzsm, 10/11/91 • .. •· • 0 ' ? ]- • • - '· CONTRACT ADMINISTRATION CHECK LIST PAGE 7 ** RSSPOKSIBL& PARTY ~ ~ QUCBIPTIOII or TASK IGINCX ~ ** (10) Materials: (a) COOT Form t250 - Materials Documentation Record: I) Fill out and distribute COOT Form t250 before the Contractor commences work. (COOT Region Materials Engineer when COOT is responsible.) II) complete Form t250 after work is completed distribute per instructions in COOT Materials !".anual. (b) Approve changes to typical section ..Jl.. (c) De•,elopment, Checking, and Design mix approvals: I) Concrete II) Hnt. Bituminous Pavement. (RBP) . (d) Accep t ance of manu.l:actured products. ...lC .. (cl Inspecting fal)ric~tion o: str~ctural _x_ steel and prestressed concrete structural components. ( f) Inspecting fabrication of bearing ....X.... devices. (g) Laboratory Check testing _x_ (h) Acceptance testing ..L (I) Independent assurance testing (Region Materials Laboratory will develop, CQlllPlete, and distribute COOT Fur.~ t379 -Project Indtt!)ttndent As:1uran1,;e Sampling Schtt<.lultt.) IIOTI:: Only one responsible party should be selected. Refer to page 2 for additional information. ..JL ..JL ..v?SJID 10/lS/tS ' ' .. •· • 0 , .,,., VI • • • CONTRACT ADMINISTRATION CHECK LIST l:'AGE 8 ** USPONSIBLS PARTY ~ 112... QISCR,IHIOII or D$1t MiJNCX ~ ** (11) Approve sources of materials (12) Approve shop drawings (13) Perform Traffic Control Inspections (14) Approve traffic signal eqnipment (15) Construction surveying (16) ROW monumentation (17) Prepare, approve and sign vouchers for interim and final Contractor pay estimates. (COOT RE if COOT is responsible.) ( 18) Provide the name(s) and phone number(s) of The person(s) authorized for this task. Rick Kabm 762-2503 LA Administrator Phone Number LAPE Phone Number Prepare, approve and sign vouchers for interim and final Utility Company billings for utility relocation work. (19) Prepare and authorize COOT Form 194 -Minor Contract Revision (MCR) and COOT Form f90 -Contract Modification Order (CMO) (20) Approve MCRs and CMOs (21) Approve Federal-Aid funding for MCRs/CMOs. (22) Monitor project financial status and. subin.i l:. monthly in a format acceptable to the Regiuu, such as COOT Form f65 - Project Financial Status R3port. IIO'rS: Only one responsible party should be selected. Refer to page 2 for additional information. .. JL UVIDD 10/U/H • I· • 0 I 2 -• • ,~ . • ' '· ~ISTRATION CHECK LIST !:'AGE 9 ** DSPOIISIBLS PAllff liQCAL 112... D1$CB+?1ION Of TASK (23) Prepare and submit monthly progress reports to the Region Construction Engineer: COOT Form tllOa -Status of Active Construction Projects, and COOT Form t517a -Status of Construction Pr.o;ect Finals. (24) Contractor claims/dispute resolution .. Local Agency must follow COOT procedures unless Section 105.17 of the Standard Specifications i3 modified hy ~ Project Special Provision. &l,iL contrac;ts 1et for bid by tbe LQaJ AGeAcx sh;ll cop+pip • project 1PftSia1 prgyisi,cn renzoyin.g <:DOT from the re•olgti,op pros,., Make monthly progress and final payments to the Contractor for completed work . (COOT Center for Accounting, Division of Ruman Resources and Administration when COOT is responsible.) IGIFX i:Dm _JL _JL Make monthly progress and final payments to _JL Utility Companies for completed utility relocat:.i.on work. (COOT Center fo,: Accounting, Division of Iluman Resources and Administration when CL>U"l' i:; re3ponsible.) Conduct routine , random, project reviews . . . . _lL to ensure the project is being administered in accordance with the terms of the construction Contract and the approved project specific agreement between COOT and the local agency. Provide the name and phone number of the person responsible for this task . Chuck Esterly,P,E, * 762-2500 Local Agency PE Phone number *To be delegated to LA Consultant Only one responsible party should be selected. Refer to pdge 2 for additional inform.tion. UVIDD 10/1'/H I' - • . •· • 0 I - • • • 0 ,. . -' CONTRACT ADMINISTRATION CHECK LIST PA(;I!: 10 ,, - ,,. RES'PONSIBLB PARTY ~ ~ PISCR!P'P."CQN or TASK AGUCX ~ 17. Joint FaWA/Coo·r Quality Assurance (QA) Review Teams will conduct random project reviews in accordance with COOT's Stewardship Plan. (COOT Starf Construction & Materials) 18. Conduct final project inspection, complete and submit cnnT Form tl212a -Final ~~ceptance Report. CDO~ Resident Engineer with mandatory LA participation. 19. Final project acceptance, write final project ...JL acceptance letter and di~t.ributa per procedures in the Const~1ction Manual. 20. Advertise for final settlement. (COOT Staff ..JL.. Construction when COOT is responsible.) 21. Prepare anc ci:Jtribute final "a:; constructed" ..JL.. plans per procedures in the Construction Manual. 22. Check fina .l . q,.1,3ntit.i.e~, final plans and the ...JL final pay estimate. 23. Sign final pay estimate sheets ~nrl voucher. ...JL 24. Check materldl records. 2S. Submit final materials certification. 26. Obtain COOT Form tl7 -Contractor DBE Payment Certification, from the Contractor and submit to Region Construction Engineer. 27. Obtain FHWA Form PR 47 (Statement of Materials and Labor Used ... ) from the Contractor, check and submit to Region Construction Engineer . (UQO'IUD ONLY 011 IIBS PROJZC'l'S WITB TOTAL FIMAL PAYMENT &XCZSDIIIG $1,000,000.) 28 . Complete and submit COOT Form 1950 - Project Closure. 29. Retain pro jt:!c.;L u!CoL·d~. (For~ y~c&rs from date of project closure.) ** ROTZ: Only one responsible party should be selected. Refer to page 2 for additional information. ..JL.. ..JL.. ..JL.. ...lL ...lL ...lL UVISSD lOllSIIS • .. •· • 0 l . . • • •. 0 - COLORADO DEPARTUENT OF TRANSPORTATION OngDate: ProJOCI Code: 11999 STIP Nu,,..,.: DR3 0 4 l DESIGN DATA "'-1-: STU 2 854-071 RevOate: PE f'Nltect Coae PE f'nli«t Nu-aMETtX'mfJIT A RevNull"ll»r: Region : Page1ol2 06 Slalla: Bintm-a 11na1 Qrwiaed Pn,jecl ~ BROADFIAY : US 28S 7'0 YALE rty1 : Arap•ho• Cou,,ty2: Ar•p•ho• 1County3: "'9paad by: Reviled by : ! : Engle,,.,od BUB.ERG Dela : S,-Coae: Q1M QNHS QSTP IIOTMER 11/24/97 0-: I a...a,,t IIIICOOT QFHWA QOTIER Wlnilllll by PIOj Mgr: Rouio1 : 285D l'e4Pl1 : 259 .S .-,,260 .9 BUB.ERG AAlravad by P.-.uction eno-: Roull2: 075A 191P!Z: 0.000 .-a:0.010 Dela : Roulll: relPG : -: ll/26/97 P!Omedl""9111 : 1.200 Gao!,llpllic L.oc:allDn : BROADWAY AT US 28S TO YALE AVE •• INCLUDING R.AHPS AT US 285 Terrain type: a-0"'*'11 a ............. llNcl1)llon of PftlPONd cona~I (allaell map --.,g sile locllion) RES'lJIIPE DOUBLE LEFTS ON BROADltAY TO US 285 , ltIDEN US-2 8 5 RAMPS 1'0 ACCOHODA T E DOUBL, LEFT-TUEIHS , RECONSTR UCT BROADWAY TO ACCOHODATE RAISED IIEDIANS FROH FLOYD 1'0 YAL,. TNfllc (Nole: uae calunwW A. a. -c • ~ tacilily __ , "· Bro•dv•y a. US 285 (H.atpden ) c. .. llclwyCla• _1 _ u.-, --l'lwal ......... 1-JUI D ....... yur 201 8 Facility Type : Func,-CI • IIIIIW\ Faalily --------• C A a C ~ay _l _Pm ----A E,,p,auway ----AL. C-..:,aj NJ J6000 70000 ACT Olvidacl --~( ....... ) ~"'-ilal DHY _1_ Undlvidec:I --~<-1 --°"* DHY,_ • s • __ Nol~y __ L.-* ---(-.al¥ -·--., · .. ,.ca1u1m I clar1fy in -r11a1 ...... fll-OICOOT 0..,~00... Exisling p...,_ ~ " • C A B C " • C A • C • a. BI ..__ BI HI II. C7JUI T,.,---URS CJltB C. 5 .... __ 5 5 • d. 1 2 Wila'IIIII--12 12 .. --- ___ ........... 0 0 I. 0 ___ ,,_ 15 15 • .. ---Side .. -.("z") ---. -- • "· 2 Macllnwiclll • ~ ,._IPNd 35 35 • 1. 3S 0-,tpNd 3 5 • ~ .08 .... _ _...,_ .02 • I. 360 Min .radiua • m. 2 2 5 Min . llorimnlal SSO ., . "· 2 2 5 Min .~sso • ~-7t Mu.arm. P,.aundor Q1R Q3R ll4R aorr.... criteria ExiMn9 guaftllall ,,... CMffW'II aa,,aa,dl; a,-llllno y...,_., ......,m clNlgn Slandanla racpred 0fel .... I a Safely p,ojecl ~: a.,, .. -·-QRoqo.-•lle-No ...,ck to exi •t l ng bci dg•• oc gu•cdc•ll a-,-. ....,,, QSN,_ ... ,.; ___ I • • C as .. ~ ANurtaang p,ojecla ·---·-.. Illy--COOT,._.., 41M • • ...... • ,,, - ] • . 0 f• • < ' ~ I "-Code IPro,..,.Num-I AawOolt ·~2a12 ll999 STU 2854-07l ......,_ llaJ, R-G lie-. p~ ,_ Sll'Uelln --l.oalng Harimn• v- SINCIUre 10 longf, Rel. Poont F-.re--AdwyWldtl 8HSQMs 0..-c...... v-eu .. F-l7-B F-l7-CZ ,,,___al~-&:"'1(-~reil,~,llld-~-, F-l 7-8 RESTRIPE 5 :ro f (IJ()(] LB LEFTS/, NO IIO 2'0 Cl7RII AND GOTTER QR (;UAIIDRAIL; F-l 7-CZ NO IIQRJ{ l'Nlject ~·· (p,IIIIOMd) • u.;,11,g • Hllldicap --,ype: a..-Qpar,ad ·-8 Curb 11111 gllllat a Curttoni, Ill.el!-....,_ c-..... 12 FUT 1•~ _, FEET . .._. ...,., FEET CRiom·...,-Cl-..... 8Pnnot--wicllhalO FEET • Doaluta Signinl : ·-. .......- II Traffic_,,.,. IIQnall as .. _ 01!,er. (Cleocnpaon) ~--:(dllCflllllOnl ONLY IN RAISED HEDIAN BEDS 1119'""' w., v .. No Est No . uaua .. 111a1-a1iv-n"*il'f__...l AOW_,..,,.,_.._,..,,reqund : a II ---Re---: a • --- T--t'"""9d: a • --- Cllanges '" ..... , a • --- Cllanges .. ~ -: 0 • .....__..,.. •a1..._, --Rao--l~·I ...__ CoNlliot, al ·-, 0 2 . 0 3 . a .. 0 ~: ............... -Pra,Cooe: ----· a,.....,,_., __ ACO)_, Q li,lfw I-., COOT Fann.,. - Q-.(-ID-FONSl)dallCI: QMnor ....,,,, eom,,,..,a, • c-dlna ... a-,-,_-· -.-)-.,..,..,BlMor'°'91-allca ...... ---: a -nfflc onli __ ..., -pality: QMad,ly-altDlllflQ-., Olller: C:-.INcllon-~:Qo-gn OL-F/A Adve<IIMdBy : QS111111 QP.O. QRRFIA Enq;.....,.,, _ -: llic.t «.ha • •· • BLOCII a Sludy QUiltyFtA ,,_,.., 111-z,oo a-QCOOTFtA a-. ........ (include--·-) • • ...... , l ~ a I l . • ,/I i Iii Iii J1il ilf fl! Ii !lfJtl(1 Ji iii; ii! lillllJ!'1J a Jf ii~ 1 I·. I [.1 I ·, , 1·, 1.~J I· ~ · I· 1 J 1 & ~ 1 J 1r s s I ir ir r I a 2. :;i H 1 ! rt ;11 .! rl~ r>tf i1· 1,~ t,1. f 11: ~ 111 !f;r11,i·11 J !i . . •· • I ' ( i: J 1· s J • s ~ I c:· -If > s J f I a·! • G l ' f "2 l --' fit !It 11 ,~if l,1· If I1ll1i1I 1 Iii~ (1 1 1· 1lrfi.tl!1 1 I Ii -·•· i_ ft:_ la 2. ... I · SI I Q..-f r,r[. &§i~i-,af~ ~ I[ ~ l"I I -r• J( 11·1fft t},-(l Jfn-;~Jf 1 ~ l ~; ~ •• IN !f-i fl Jr f 1i ~fl :: • ~jt! f q • [1 H1hi;IIJ' ! ;, ! I t,. iJ ;l 1!; l=t ll r•J:ftl IJ : ii 1rflJ{!1•. f JJ ~ !•i II t'• iit Jl~ Ii l -t!f '1Jt l! .IJJtJitfJ , i ;l. a1·1 ol i1 11 J1i ti 1J111 ,; ii lf;t 1·,1t11 I 1 11, .J it JI .1 1~ 1.,11 ·ii· •1 ll1i ir11·1· f f H 1• 11· ,rf f if 'E u~h ll H f ti!H lit' i . I'• ,~ d~ ,J! ill 11 12.!1·1 ft fj !il'l~,10~ [ '1· 't •[ r. 'Ir I~ ~r 'I' I tt · It ~>l)•t~~il . •11 . J a: !!. ! fl i · f I·• }J t .J l J ~ J ~ ! J,1.1 . r I l j l ~ I ; ~-·' ,, '11 It J . 'I ,, ~l rr~;, ~i,i ! II! II II J;i . t! ;f tilt, fl Ii ti[J.litli I f • , • ~ • ...... I I O • ,. ' :; " I • -• . , . • EXAMPLE A (Lump Sum Contracts) Company Name: Project No. Address: . Project Locadon Employer (FEIN) ID Number: Subacco111nt No. Invoice Number and Date : Progress Report Dated: % Completed: (1) Current BIRlng Period: From : To: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL: (2) $ Total Billed to Date : $ Less: Retalnage (10% of billing not to exceed 5% of contract) $ Less: Prior Payments: $. Prior Billing : s Lea Rllalnage: $ $ TOTALCURRENTPAYIENTAEQUEST:* $ (% To Date of DBE Work: ) I certify that the blRed amounts arw In agrNffllllt with the contract terms: .i Slgnalure TIie Date • • • * % Completed x Contract Total = Total Curent Payment ReqUNt (1) I (2) • (*) I ''It, I • •. 0 , . • EXAMPLE B (Cost Plus Fixed Fee Contracts) Company Name: Project No. Address: Employer (FEIN) ID Number: Project Location Invoice Number and Date : Progress Repon Dated: SUbaccount No. % Completed: BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL s Prior Period BIiiing Amount: s Current Bllllng Period: From: To: DIRECT LABOR: {List individually) .. Regular Direct Hourly Overtime Cost Emolovee Name Classification Hours Rate S Hours* s Current Total Amount to This Period Date IOn!ionall SUBTOTAL· DIRECT LABOR s s INDIRECT {%) {As specified in contract) s s OTHER DIRECT COSTS {In • House) List individually • at actual cost as in final cost proposal ; mileage {miles x $), s s CADD (hrs . x SJ, equip. rental (hrs. x $), etc. SUBTOTAL (DIRECT LABOR. INDIRECT & OTHER DIRECT COSTS) s s FEE (%) (As specified in the contract) s s OUTSIDE SERVICES {Subconsultants & Vendors) {List individually) s $ (To be in this same format · attach copies) % To Date on DBE Work s s • Outside Serw:e1 Management Expense (when applicable) s s TOTAL CURRENT PERIOD : s s TOTAL TO DATE: s s LESS: -( 1 0% of b illi na not 10 exceed 5 % of contradl s s LESS: --Plvments s s Prior Billina S uu-s s s TOTAL CURRENT PAYMENT REQUEST s s I certify that the billed amounts are actual and in agreement with the contract tarms : • I· • Signature 11Ue Dale * Eligible classifications only : 111 accordancl will1 oonnct 0 f • "' --• . 0 , . • EXAMPLE C (Specific Rates Of Pay Contracts) Company Name: Project No. Address: EmDloyer (FEIN) ID Number: Project Location Invoice Number and Date: Pronress Ranort Dated: SubaCCOunt No. % Completed: BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL s Prior Period Bllllna Amount: s Current Bllllna Period: From : To: PAY RATES: (List individually) Regular Overtime Rate of Pay Cost Emolovee Name Classification Hours Hours• s, Hours"" s SUBTOTAL· PAY RATES: $ OTHER DIRECT COSTS (In • Housel List individually · at actual rates as in final cost proposal; mileage (miles x S). s CADD (hrs . x S). eauiO . rental (hrs . x Sl. etc. SUBTOTAL (Pay Rates and Other Dl'9Ct Rates) s OUTSIDE SERVICES (SubconsultanlS & Vendors) (List individually) s (To be in this same format· attach ttmiA!tl % To Date on DBE Work Outside Services Man-.nent Exaense (when s TOTAL CURRENT PERIOD: s TOTAL TO DATE : s LESS: Retainaae (11)'% of billino not to exceed S % ot con~ s LS:~S : Prior P1vments s Pnor B1llina S Less-s TOTAL CURRENT PAYMENT REQUEST: s I certify that the billed amounts are actual and In agreement with the contract terms: •· • Signature T1tle Dell 0 • Eligible ctasslficallOns only ; in aca>rdance with connct •• In accordance with contract ...... , • • 0 • EDKPLE D (Local Agency Billing) Date SECTION I. CONTRACT DATA Local. Agency: Project Ho. • Address: ------------------- 1:aployer (FEIN) ID Naber:--------Project Location Invoice Hmlber aod Date: -------- 1 Completed: ______ _ BASIC AND/OR SUPPLEMEHTAL CONTRACT m"r.&L: $ ______ _ Federal Share s _______ _ Local Agency Share s _______ _ State Share $ _______ _ Prior Period Billing llllount: Current BilliDCf Period: From: ~ION II. , • ..,,u.., DIRECT LABOR: (List individually) Employee Classifi-Regular Name cation Hours SUBmrAL -DIRECT~ 8EIEE l"1'S · I OF DIIECl' LABOR ODIEll DIRECT COSTS (In-Rouse) List individually-at actual cost; mileage (miles z $), CADO (hrs. x $), equip rental (hrs. x $), etc. OUTSIDE SERVICES (Consultants, Ven,jors) (List individually) (To be in tbis saae attach copies of inYOices) TOTAL COSTS CUIIIIIT PDIOD: TOTAL COSTS TO DATE: SECTION III. BILLitlG TOTAL BILI.Ia. COIUlEIIT PDIOO ( . I OF TOl'.&L COSTS) : Prior Bill..iog: . $ To: Direct Hourly Overtime Cost Rate S Hours* S Current This Period $ ____ _ $ ___ _ $ ____ _ for111t-$ ----- $ ___ _ . $ ____ _ Total to Date $ ___ _ $ ___ _ $ ___ _ s ___ _ $ ___ _ $ ___ _ I certify that tbe billed .aowata are actual and in agr.-nt vitb tbe contract tems: T1.tle Date • Eligible classifications only . ·- •· • 0 I • " . •. 0 I• • EliMPLE E: FIXED MULTIPLIER CaalDIIIIV Name: PfoleCCNo. AddrHII Emlllover n:&111\ m Humbert Praj1at Laaadan 1nvo1ee Number and Date: ..._. • .._Dated: Bubaccaunt Ha. % Comlllelld: BASIC AND/OR SUPPLEMENTAL CONTRACT TOTAL • Pdor Pll10d Bllllnn Amount: s Cumnl BIDna Period: Ffom: To: PAY RATES: n i. -X :r "' fleglar Certified Pixed Cost -Name Cluslllcllion Ham Hourly Rate Multiplier s SUBTOTAL• PAY RATES: s OTHER DIIECT COSTS On· Housel l.111 lldlldullf • al aCluel rala al In 11111 COil praposal; mlluge (mlla X $), $ CADO nn. XS\ -..in ........ ftn.. X SI . etc. SUBTOTAL naav Rain 111d OU.. Dnot 1111a1, $ . OUTSIDE 8EIMCl!S (Subm,,._,. & Vllldarl) (Ull lnclwldulllr) s (To lie In '* aame lonaal • 8lladl ma1as, .. To 0... an DBE Wen Oulllele ..... ...... -$ TOTAL CURREHt' PERIOD: 1 s TOTAL TO DATE: J s LESS: -1 ''°"' o1 balm nol ID UDNd 5 % o1 canndl s ua, MlwP s _......,.s Laa-s ' TOTAL CURRENT PA YIIENT REQUEST: $ I certUy that lhe billed amounts are actual and In agreement wllh the conuact terma: . I. . ......... 'TIie .,... 0 • Elglllldlldlcl-Ollr:la1«1alffdlna1 •--•• 111 IGDIIIUlm ........ • • ]- • • RESOLUTION NO._ SERIES OF 1998 (. • • • A RESOLUTION APPROPRIATING FUNDS FROM THE 1998 BUDGET FOR THE DESIGN OF BROADWAY WIDENING AND MEDIANS PROJECT. 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 City's portion of an Intergovernmental Contract which the Englewood City Council authorized by the passage of C.B . 32, Series 1998 pertaining to the design of Broadway widening and medians project; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Section 1. The City of Englewood 1998 Budget is hereby amended as follows : PUBLIC IMPROVEMENT FUND: Sowce of Funde : Unreeerved/Undesignated Fund Balance $66,000 Uae, of Funde · Broadway Widening and Median Deaicn $66,000 $e<;tjon 2. The City Manager and the Director of Financial Servicea are hereby authoriaed to make the above changes to the 1998 Budpt of the City of Eqlewood. ADOPTED AND APPROVED thia &I' of July, 1998. ATTEST : Thomaa J . Buma. Mayor Loucnslua A. Ellis . City Clerk I. Loucrishia A. Ellis . City Clerk for the City ofEqlewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Seriee of 1998 . Loucriabia A. Ellis . ' .. • • 0 , ,.._ • • - <. COUNCIL COMMUNICATION Date Agenda Item Subject Supplemental appropriation for the Public Improvement Fund (PIF) for the design of Broadway widening July 6, 1998 10 Ci and medians Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed an interest in improving the appearance and operations on South Broadway. City Council has long had a goal of leveraging its resources with other governmental agencies. This supplemental appropriation helps acHieve both these goals. City Council is scheduled to approve on first reading an Intergovernmental Agreement with the Colorado Department of Transportation to design the Broadway widening and medians. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution appropriating PIF funds for the City of Englewood's portion of this project . The sources and uses of these funds are : SOURCE OF FUNDS : Public Improvement Fund : Unreserved/Undesignated Fund Balance $66,000 USE OF FUNDS : Broadway Widening and Median Design $66,000 FINANCIAL IMPACT This supplemental appropriation will reduce Public Improvement Fund's unreserved/undesignated fund balance by $66,000 . UST OF ATTACHMENTS Proposed resolution ' ' • . .. .,, •· • 0 , - ' • • I• ·, • <. COUNCIL COMMUNICATION Date Agenda Item Subject July 6, 1998 10cH Rre Rescue Vehicle Purchase Initiated By Staff Source Safety Services Jim Ulrich , EMS Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the 1998 City of Englewood Budget, which included funding for this vehicle. RECOMMENDED ACTION Staff seeks Council approval of the purchase of a 1998 Type Ill Fire Rescue Vehicle from the low bidder, Wheeled Coach Colorado, for the price of $79,019.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Requests for bids were sent out to four vendors. Only two bids were received by the May 27 bid opening date, with one vendor bidding two different vehicles. The bids were in accordance with the specifications set forth by the Department of Safety Sarvices and the Englewood ServiCenter. Rocky Mountain Emergency Vehicle submitted two bids, one for $86,842.00 and another for $80,545.00. Wheeled Coach Colorado submitted a bid for $79,019.00. After reviewing the bids and the proposals, staff recommends awarding the bid to Wheeled Coach Colorado based on price, product, and the overall presentation. FINANCIAL IMPACT This Fire Rescue Vehicle was a budgeted item in the 1998 Budget. $76,602 of the purchase will be made through CERF funds, and any additional expenses will be absorbed by the Safety Services Budget. UST OF ATTACHMENTS Memorandum from Betty Goosman to Pat White and Jim Ulrich Bid Tabulation Sheet Memo from Wheeled Coach Colorado with option change and new price • . .. •· • , ' ~ • I . . ,-, .t . I j ' City of Englewood Bid Tabulation Sheet Bid Opening Date: May 27, 199810:00 a.m. Bid Item: 1998 Type Ill Fire Rescue Vehicle 1111Typelll Fire RNcue Parta Vendor Vehicle Manual American Emergency Vehicle 800-374-9749 P.O. Box 1059 Jefferson, NC 28840 Whffled Coach Colorado 303-782-2470 $78,853.00 $198.00 1470 S. Chelton Road t150 Colorado Sprlnga, CO 80910 Rocky Mountain Emergency Vehicle $88,842.00 N/C 303-322-9854 6101 E. 38th Avenue $80,545.00 N/C Denver, CO 80207 Mlle High Fire Apparatus 303-289-9909 901-B E. 88th Avenue Denver, CO 80229 Shop 8arvlce Manual ,. $234.00 N/C N/C Total NIR $71,0U.OO $11,842.00 $80,545.00 • • • Eaceptione YN · The dlargee for the options .. Included In the bNlc bid price. They .. then braun down In the,.. 1,.. ...... and received the ellemoon of 1127111. YN • The chergn for the options an Included In the bale bid price. They ... then braun down on the HCond page of the letter wilh the bid . Envelope received after bid opening ......... time. Envelope returned unopened. PLEASE NOTE ROCKY MOUNTAIN EMERGENCY VEHICLE BID TWO UNITS. THE EXCEPTIONS ARE IDENTICAL. N/R • NO RESPONSE 0 ~ ]- ' • • • (. MEMORAND U M TO: FROM : DATE: SUBJECT: Pat White Jim Ulrich .-, Betty Goosman '5,ff. May 28, 1998 1998 Type III Fire Rescue Vehicle .. Requests for Bid were sent to 4 vendors. Two bids were received with one vendor bidding 2 units . There was no response from l vendor and an envelope was received from the fourth vendor after the designated bid opening time and was returned unopened. I am attaching copies of the bids, any the technical information received and a copy of the spreadsheet. The bid exceeds $20,000 and Ell require Council approval. Please review the bids and provide this office with a Minm technical evaluation. The award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications.) Please notify me when the evaluation bas been completed and Council bas approved so we can proceed with this procurement. Should you have any questions please give me a call at ext. 2392 . -------' ' ' .. • • 0 '--. I - - • • • • • <. .Jun u~ :l~ U '+:~Up U r . N 1cno 1 as fL C oole::, 11:i -::,:i ,-::,111 Memorandum Wheeled Coach Colorado To: Jim l,'lndl, EMS Coordimlar-Cily of Enajewood Fire CC: DIii Edl'-anls. Rqioaa1 Sales M-.r ,-, Nd Coolc)·. DuCric( Sales Man,er 0.: 06/08/98 lie: Opboa cbaqe and re-price of bid Jim, Al your lflqllCSt, I have ~ die fallow ilam OD yollr 111:'fo' -· l . Dd&lld lur bag 1ys1an. Pira1ollc Ail Rile l. Ddaed I lpOlllpl 3 Evbaapd die Fon:c 4 qjll b1r v.'ilh W11e1n Flulh--.d lip blr ••* c,plicom 4 I needed to add III ldclilioul IUabc po,iw I** 10 pt111-cr die lip! t.-. lllc aew pnct II ffl.602 .00 I ba\-e iaclllllld die -prilaily ader, plea-... die lbo\-e dlllim If JOII IIIM a,·.._,-. cama • • 719-5'10-9111 -----~--I . , p . l , • •' • • 1 0 f __ .. I • • 0 • COUNCIL COMMUNICATION Date Agenda Item Subject Contract for North Englewood July 6 , 1998 10 C iii ADA Ramps Initiated By Neighborhood and Business Development I Staff Source Brad Denning, Planning Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has approved and authorized the execution of-an intergovemmental "Subgrantee Agreement for 1996 Arapahoe County Reappropriated Community Development Block Grant Funds" pertaining to the disabled access project between the Arapahoe Board of County Commissioners and the City of Englewood in Ordinance No . 24, Series 1998. RECOMMENDED ACTION Approve , by motion , to award a construction contract to the low bidder, Stackholm Development , for North Englewood ADA ramps in the amount of $27,780. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Department sent out requests for proposal for this project to four vendors. Three bids were received , with Stackholm Development providing the lowest bid . A review of references provided by Stackholm Development indicates their work is satisfactory . They have completed s imilar projects for the City in past years , including concrete programs. The proposed program consists of construction improvements to 16 handicap ramps in the City . The costs of these improvements are bome by Community Development Block Grant Funds . The project's boundaries are roughly bound by Bates Avenue to the north , Comell Avenue to the south , Delaware Street to the west, and Bannock Street on the east. FINANCIAL IMPACT Arapahoe County announced special funding availability of Reprogrammed Community Development Block Grant Funds for a one-time "bricks and mortar" proj ect to be completed with in 1998. The total amount paid by the County to the City under this Agreement shall not exceed $27,780. Although the low bid for the program was $44,205 , portions of the work will be deleted to reduce the contract amount to $27,780. UST OF ATIACHMENTS Bid Tabulation Sheet Proposal by Stackholm Development •· • 0 i • ·, • '· North Englewood Revitalization BID PROPOSAL T ADULATION Bid Opening: June 18,1998 10:00MTD Bidder/ Plan Holder BaHBld Bond Engineer's Estimate $27,583 CONCRETE WORKS OF $72 ,505 y COLORADO INC. CYRUS G DeLANO CO. $53,826 y STACKHOLM $44,205 y THOUTT BROTHERS No Bid • I Remarks .. • • - ] • • • • . . CITY OF ENGLEWOOD, COLORADO PROPOSAL For NORTH ENGLEWOOD REVITALIZATION PROGRAM TO : City Manager Englewood City Hall 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: .. The undersigned bidder, having examined the Plana, Speci!icationa, and other proposed Contract Doc:umen:s as designated and en\;11\erated in the General and Special Contract Conditions hereto attached, and any and all addendum thereto ; having investigated the location of, and conditicr_. affec:ing , the proposed work ; and being acquainted with and fully understanding the extent and character of the 1110rk covered by the Proposal, and all factors and conditions af!ecting, or which may be affected by, the work, REREBY PROPOSES , pursuar.t to the Notice to Contrac:ora. a copy of vhic:!l is attached, to furnish all required materials, tools, appliances , equipment and plant; to perfoni all necHaary labor; and to undertake and complete the construction of lllor:h Englewood Revitalization Pro~am. Englewood, Colorado, i~ full accordance vith , and confoniity to. Plana, Specifications and Contrac: Oocumenta hereto attached or by reference made a part hereof ; at and for the following prices : ·2· I I I I I I I I I I I I I I I • .. • • 0 - - I I I I I I I I I I I I I I • 0 t• • Item li2... Description and Price l. Vertical curb " gutter w/2' pan 6" thick at the unit price of F1~&"l 2 . 3 . 4 . dollars and cents ($ \S.oo per lineal foot Monolithic vertical curb" gutter w/6• thick pan and 4 ' walk 6" thick at the unit price of ~.:>11.'T"'t' cents cs~o== dollars and per lineal foot . Type! 6 " curbwalk at the unit price of '"'Tlklt.TY ~us dollars and _ __,,N..OLo"--cents csa.s...co ) per linear foot . 4" concrete s i dewalk at the unit price of ($'-\.So dollars and M'F'T"f ) per square foot . cents 5 . e • crosspan w/f i ber mesh and 9 sack mix a t the uni t pri ce of ...,...._!::I, dollars and No cent s CS ,o.cc:, per square foot 6 . Constru c t Hand icap Ramp at the un i t price cents ($\1 \00.41p l per each . (See 2 .26 in Spec i a l Prov i s i ons ). -3 - ' , Estimated Estimated ouantity ~ 52 L .F . $ 1Sp.co -~- $ NO BID 13 L .F. 162 S .F . 248 S .F . 2 7 Ea . • • • 0 , n I • • - 7 . Remove vertical curb & gutter at the unit 8 . price of e...,~ ..... dollars and ~,19t"'r cents ($8.SO per lineal foot . Remove monolithic vertical curb & gutter w/ 4 ' walk ac Che unit price of '~11.W!· dollars and -~1'-l==.,."-- pe,: l:.neal foot. cents ( $ \ '?,..OC 9 . Remo v '! curbwalk at the un:.t: price of 10 . ll . 12 . dolla,:s and -~,._....;:a;::c,=.._ ) per l inea l foot. cents ($ ,-z..oc Remove concrete sidewalks and driveways at t:ie unit price of 'T't.uc dollars and ~o cents (S -z.0 00 per square foot . Remove concrete c:-osspar.. at the unit: price of "Tt, !!S! dollar3 and F,rc"I' cents ($ c.,S.C per square fooc . su, c:::ncret:e for remova l at the unit: price dollars and ~ cencs C• 289 L.F. 68 L .F. 1014 S .:. 248 S.F . 72 L .F. of t=:-,ve (115.••)t.w:. ll . Saw asplalt for removal at the unit price of ~l!la dollars and ti=,,rrr cents (s]..SO ) per lineal foot. 14 . Remove asplalt ac the unit price of __ .,-,;:~~=::~aa=---dollars and cents (S -z..co ) per square foot . 15 . Aspha lt patching ac the unit price of 0"'6. ~~--• ,..., doll an and --N-•----cents (S \ \C,oo ) per eon . ·4· 495 L .F. 444 5. F. a Tona . ' ·- -D- $ NQ arp .. $ e.,c...ec, s5bozs0 00 • $ ~~O.oc II s "1'f.OJ:,C) $ 1 i:2 s-z.. ~C) $ ass.co • • • s •ee.co 0 , ]- • • • ' (, 16 . Compacted gravel basecourse at the unit price ol"'r..-,.n: £a!e!t' dollars and Np cents ($ a,e..oo ) per ton. I• 10 Tons TOTAL BASE BID f:-s:n' F.-1 ....... •ft -,-"'!P ~m@!':~ Fw• DOLLARS AND Ne CENTS s::,,':::t ~s.oo -5 - . . ,. ~ • t • ' . ' .. • • 0 I ,,ri I ]- - • .. • • (. 3:DDERS A.RE REQUE:STED TO SUBMIT BID AS FOLLOWS : One such bid for the construction and installation of those improvements on NORTH ENGLEWOOD R.:."VITALIZATION PROGRAM. OF BID (Including Additional Work) F'ou«. -rl'40,.l ... ~ '""9 \:\'ft&_._ F"'E. +. ~-'t:>o~~ The undersigned bidder hereby agrees to be ready and to appear at the office of the Department of Administrative Services, Purchasing Division, to execute the attached form of Contract in conformity 0 of this bid and also to have ready and furnish the required bond in , the sum of the full amount of this proposal, executed by a surety company acceptable to the City of Englewood, at any time ·.i::hin ten (10 ) days from the dac:e of a written notice from the Direc::or o: Pu.blic Woks to do so, mailed to c:he address hereinaf::er given . The '""~ IN!.UR~..,c.JL C::O. Company of NIE.MOVA: is hereby offered as surety on said bond . If such surety is not approved by c:he Mayor and the Cic:y Council , another and satisfactory surety company will be furnished. E.~closed herewith is a Proposal Guarantee as defined in Section c. Paragraph c- 2 , • Instruction to Bidders•. in the &m0unt of .51?". o~ '1!5.-An:,o~ which Proposal Guarantee the undersigned bidder agrees to be forfeited to. and become the property of, the City as liquidated damages , should the Proposal be accepted and the Contract awarded him and he fail to enter into contract in the form prescribed and to furnish the required bend within ten (10) days as stipulated. This Proposal is made without any connection with any other persons . firms . or corporations making any other bid for this same work and is in all respects fair and without collusion or fraud . _,_ • . • • • 0 r ,," I - I I I I I I I I I I I I I I • ;- • «• . • ' , ,, The Undersigned Bidder acknowledges the r i ght of the City co reject any or a ll bids submicced and to waive inform&lities therein . Daud at &tcnr! ft· 7 • • t:&J . TW, Chu~ d&y of ....;:~-...;;~~M-=CS::.-____ • l9 .. S i gnature of Bidder : If an individual :------------------doing busine•• as If a partnership : By : -----------------------member of fir.n If a corporation : =~&.m ~MCtn: ~ c::.e- a C..C,"'<21!-r. c;;.£> corporat::.on By : cext::,;..,...,, cr:::s::- Business address of 3idder : ~op Spo."Jib,a,.., S-.T, S.)::l(.\ •• t re'S!t I c::.o so\ \0 The name and location of the la•t work of this k::.nd herein contemplated upon which Bidder was engaged is as follow : C.,:?T cos= 1:)&.Mvqt.. For information relative hereto plea•e refer to: Name J!:,e1s, S;tw.,y..fL-,. Title C:.,T'I' ~~ Addreu 'E.A>O ~. , ... -:!:!"A~ ; t:::e.Mys.a.., ~ -7- • .. • • • 0 - - • <. . Date July 6, 1998 Initiated By • • • COUNCIL COMMUNICATION Agenda Item 11 a i Staff Source Subject Transfer of certain Cinderella City property to the Englewood Environmental Foundation Neighborhood and Business Development Robert Simpson, Director of Neighborhood and Business Development COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1997, City Council authorized the creation of the Englewood Environmental Foundation as a nonprofit development corporation to further the redevelopment of the Cinderella City site. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance transferring the remaining City-controlled Cinderella City property to the Englewood Environmental Foundation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The redevelopment of the Cinderella City site has progressed to the point that it is now necessary to transfer the parking structure property to the Englewood Environmental Foundation. This is the only property on the site that is not under the control of the Foundation. Previously, the pad sites and major buildings were transferred to the Foundation. This final transfer will complete the consolidation of property under the protective umbrella of the Foundation and continue the progress toward the redevelopment of the site into a transit oriented development. FINANCIAL IMPACT The proposed property transfer will remove substantial financial and environmental liability from the City and allow for a coordinated approach to future property transfers . UST OF ATTACHMENTS Proposed Bill for an Ordinance ' . I '"Ill•' . , .. I . • 0 I I ]- ]- -------.---------------~~-,.,~~---------------- ORDINANCE NO._ SERIES OF 1998 • • . . BY AUTHORITY A BILL FOR !ti COUNCIL BILL NO . 38 INTRODUCJWi'! CJ>AJ~}h ,_.- MEMBER~ 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 baa 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 Enclewood Environmental Foundation owns the remaining property under the redevelopment aite; and WHEREAS, the City wishes to coordinate the transfer of the entire site for the redevelopment of the aite; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5@ction 1. The City Council of the City of Eqlewood, Colorado hereby authorizes the transfer of the Cinderella City property u deac:ribed in the Barpin and Sale attached hereto u "Exhibit l" to the Englewood Environmental Foundation for redevelopment of the property. $c<;tjgp 2. The Mayor and the City Clerk ia hereby authori7.ed to aip on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on tint reading on the 6th day of July, 1998. -1- -~ ... ' • I .. • • 0 • • • •, ----~. -------- Published as a Bill for an Ordinance on the 10th day of July, 1998 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucnshia 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 Paaeed on first reading on the 6th day of July, 1998. Loucnshia A. Ellis -2- ' ' .. ., • • 0 f ___ I - - • • 0 •• • BARGAIN AND SALE THIS DEED, made this_ day of , 1998 between THE CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantor, whose legal address is 3400 South Elati Street, Englewood, Colorado 80110 and THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC., a Colorado nonprofit corporation, grantees; whose legal address is 3400 South Elati Street, Englewood , Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration including assumption of the environmental risk, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns 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 "Joslins Parcel;" as s hown in Exhibit C which is attached hereto and incorporated herein; and which parcels are more spectfically set out in Exhibit B consisting of nine (9) pages, attached hereto and inco rpora ted herem, except for any further covenants, conditions, easements, restrictiona eet forth in Exhibits A and 8 : a lso know a s : Cinderella City Shopping Center 701 W eat Hampden Avenue Englewood , Colorado 80110 TOGETHER, with all and singular hereditaments and appurtenances belonging thereto a nd a ny reve r s ion , remainder . rents, issues and profits thereof; and all the estate, right, t itle i nterest. claim a nd de mand whatsoever of the grantor, either in law or equity, of, in and to the above bargaine d a nd conveyed premises. TO HA VE AND TO HOLD the said premises above bargained and conveyed and described . with appurtenances , unto the grantee, its successors and a88igns forever. And the gra ntor for itself, its s uccessors and assigns, does covenant, grant, bargain and agree to and with the grantee , its successors and a88igns , that at the time of the eneealin1 and de livery of these prese nts , it is well eeized of the premieee above conveyed, bu 1ood . •ure, a bsolute and indefeasible estate of inheritance, in law , in fee simple, and bu sood right, full power and lawful authority to grant, bargain, aell and convey the •ame in manner and form a foresaid , and that the same are free and clear from all former and other cranta , bqa1DB, sales, li e ns , taxes, assessments, encumbrances and re•trictiona of whatever kind or nature whatsoever. e xce pt those of record . .... • .. •· • C - - • • • IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto subscribed by Thomas J . Bums as Mayor of the City of Englewood , Colorado and its seal to be hereunto affixed , attested by its City Clerk, the day and year first above written. CITY OF ENGLEWOOD Thomas J . Burns, Mayor ATTEST Loucrishia A. Ellis, City Clerk STATE OF COLORADO ) 88. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me thia day of ------------1998 by Thomas J . Burns as Mayor of the City of Englewood , Colorado. My commission expires: Witness my hand and official seal. Notuy Public • .. • • 0 I --. I - • • 0 • ~.Cl:.\.. . ..1 A PART OF THE SE 1/ 4 or SECTION 33. AND A PART OF TH[ S ·.; i / 4 OF SECTIC!t, 34, Tul.JNSHIP 4 SOUTH. RANG[ 68 I.JEST OF THE 6 Th :::>.~ •• CITY OF ENGL::voon COUNTY OF ARAPAHO~ STATE CF COLDPADC DESCR[BED A~ rDLLO\w'~, COMMENCING AT THE SV CORNER OF SAID SF.CTIDN 3~; THENCE rlDRTHERL Y ALONG THE 'w'EST LINE OF SAID SECTION 34 A DI Si ~IICE OF 68.00 FE:ET TD A POINT ON THE NORTH LINE OF VEST HAMPDEN iWENUE <AS SAID NOP.TH LINE EXISTED PRIOR TO THE GRANT OF EASEMGITS IN INSTRUMENTS RECORDED IN BOOK 1714 AT PAGES 412. 423. 426 ~ND 429), SAID POINT BEING TH[ POHIT OF BEGINNINGJ THENCE ON AN At;(: .. :: 1 :J THE LEFT OF 89°40'32' AND ALONG SAID NOR1H LIN[ A DISTANCl c:r 472 .00 FEETJ THEIJCE ON ArJ ANGLE TO THE RIGHT OF 90·00·00· A DIS.,. ~NCE or 133.00 FEETJ THENCE OM AN ANGLC:: T:J THE LEFT or 90·00·00· A DISTANCE OF 150.00 FEETJ THENCE ON AN ANGLE TO THE RIGHT OF 90°00':JO' A DISTANCE OF 8.00 FEET; THENCE ON AN ANGLE TC THE LErT OF 50°00'00' A A DISTANCE OF 292.40 FEETJ THENCE ON AN ANG:..E TO THE RiG:-H or 99•55·00· A DISTAtJCE OF 36.00 FEET;. THENCE ON AN ANGLE TO THE LEF T C!F 90'3e'42' A DISTANCE OF 66.04 FEET TO A PC!tlT ON THE EA~T LINE CF TnE SANTA !"[ RAILROAD RJGHT-CF-\JAYJ THENCE ON AN ANGLE TO THE RIGHT CF 106'54'23' AND ALCNG SAID r-AST LINE A DISTANCE OF 312.76 F[[T1 Tf-lEN::: C!N AN ANGLE TO THE RIGHT or 1·52·00· MID ALONG ~AID EAST LINE A iJIS~ ,.:.:--.c:: OF 812 .25 FEET TC: A POINT ON THE NORTH LHJE OF THE SE l/4 OF ThE S[ 1/4 OF SAID SECTICN 33; THENCE ON AN ANGLE TO THE RiGHT OF 71'.;G'26' AND ALONG SAID r!ORTH LINE A DI::TANCE :JF 604.65 FEET. ~r.RE o;;: '....::ss. TO THE NDRTHVEST CORNER OF WEST FLCYD AVENUE AS DESCRl3SJ JN THE DEED TO THE CITY OF ENGLE'w'OO~ COLORADU A COLC!RADO HOME RUL::: CITY RECORDED OCTOBER L 198~ IN BOCK 4559 AT PAGE 73~ THENC:: ALONG THE '-..'(£i ERL Y AND SOUT~ERL Y LINES OF SAiiJ 1.tE!.T FLOYD A', ENL'E THE FQLLO'JING COURSES Ar-ID DiSTAtlCE~: D CN AN ANGLE TO THE "1:GrT OF 89'51'25' A DlSTANCE OF 66.00 FEET TO THE SOUTH\JEST CC!Rt~i=:~ OF' ' :;AID FLOYD A'IENUE A~ DESCRIBED IN SAID DEED1 2> C!N AM At:Gi...E TO THE LEFT OF 90'08'35' A DISTAMCE OF 974.82 FEET. MORE OR Lrss. TiJ THE NCRTH'w'E::T Ct!RNER OF THE PLAT OF GIRARD PLACE ::UBD!\',SE:~:. RECOi<DED JANUARY 6, 1987, IM PLAT BOOK 94 AT PAGE 18, ALSO BEING ..; P2JNT O~i THE 'w'EST LINE CF SOUTH ELATI STREET; THE!'JCE ON A:; ;,~iG'...::: T~ TH[ RIGHT OF 90'06'11'. ALONG THE \JEST LINE CF" SAID SuBDI'/ISI:~; .;t:D T~E \.'ES: LitiE CF' SOUTH ELATI STREET, A DJSTAMC[ QF" 595.9! ~-EET TiJ THE sou-HVEST CORtJER OF SAID S~BD!\/ISl:J'.iJ :HENCE CONTi~.;.;;:,G ALONG THE 'w'EST LINE OF SOUTH ELATI STREET; A D!:;TANCE OF' 448 .63 !"ffT. MORE OR LESS, TO THE NORTHEAST CORNER O!'° THAT PARCE'.... ::...";CRIBED l~ DEED TO HAMPDCJ COMP.:.NY, A COLiJRADC! CORPORATION, R[CJ•'::::J JAtlUAl-cY 2:', 1967 JN BOOK 1696 AT PAC;[ 491 1i-iE'ICE AL::!!'JG THE NOR;"H(?._Y .:.::D 'w'[$T[RLY LINES CF SAID PARCEL. 1 HE FOLLO\.'ING COUPS ES ,:.r D ors-:-Al iCr. :;, D O!~ AN ANGLE T;J THE RIGHT OF 90°09'50• ALONG THE NCRTH LlNE CF S.i.,D P.:.~CEL A DISTANCE er 155 .50 FEET1 2) ON AN .\t l CiL[ TO THE' LEFT or 9:·09·50• A DI'.iTANCE er 1'14.88 FEF.T TO A P:JltJr Ori THl NORlH UN[ ;:,. • .. 1 EST HAMPDEN AV[NU[ <AS IT EXISTED PRIOR TD THE GRANTS C!F EA:;::MENTS Hi iNSTRUM(NTS R[CCRDED 1fJ BOOK l714 AT PAGES 412. 423. 426 .AND 429); THENCE ON AN ANGLE TO THE RIGHT OF 90'09'50' AND ALONG :;,:.r:: MORTH UNE A DISTANCE C!F 28'J.15 FEET TD THE SOUTHEAST CORN[~ :::F iHAT PARCEL DESCRIBED IN DEED TO COLUMBIA lN'..URANCE SERVICE. :i i:: .. A COLORADO CORPCRATION, RECORDED JUNE 2L 1967 HI BCrlK 171-i .:.7 PAGE 400J THENCE AL::NG THE EASTERLY, NORTHERLY AND w'E:TERL Y LIMES or SAID PARCEL THE F:ILLO\JING COURSES AND DISTANCE~, 1) ON Ml ANGLE TO THE RIGHT OF 90°00'00' A DISTANCE OF' 130.00 FEET; 2> ON Atl A1-IGLE TO THE LErT OF 90•00·00• A DISTANCE OF 120.00 FEET; ::n OtJ AN ANGLE TO ThE LEFT OF 90°00'00' A DI:;TANCE OF 130.00 FEET T::! A POINT ON THE rJORTH LINE OF SAID \JEST HAMP::lEI~ AVENUE AS IT EXI~TEO PRIOR TO SAID GRANTS OF EASEMENTS1 THENCE OM AN ANGLE iO THE RIGHT OF 9o·oc·oo· AND ALONG SAID NORTH LINE A DISTANCE OF' 381.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 47,116 ACRES. MORE DR LES!:1 I! X ... I • I T A •• ....... • I ti-r;.; J ; , t ] l 1 •· • 0 , xi ]- • • ,.. . , . • .:...------------------·--- EXCEPT, PARCELS l TO 6, INCLUSIVE, AS SET F"DRTH IN THE RIGHTS AND (ASEME!HS AS CONVEYED BY SPECIAL IJARRAIITY DE:ED F"ROM CAPITAL ALLIANCE COMPANY TO HAMPDEN COMPANY, DAT(D JANUARY 18, 1967 AND RECORDlD JANUARY 17, 1967 lN BOOK 1696 AT PAGE SI, AS AMENDED BY THAT CERTAIN DOCUMENT DATED JUNE 2. 1967 AND RECORDED JUNE 2l 1967 rn BOOK 1714 AT PAGE 3381 2 of 2 ------ . . .. • • 0 ,_ I • • • ea&!:El.....A• COMMENCING AT THE S'w' CCRNER or SECTICN 34 DESCRIBE;) ABCVE1 Tl-!E'lCE NCRTHERL Y ALONG THE ',.'ES7 LINE OF SAID SEC rm,; 34 A DISTANCE CF" 68.CO FEET TC A POINT ON THE NORTH RlGHT-OF"-W,Y i.. ~tlE: or 'w'E:ST HAMP;)EN AVEN:JE <AS SAID RIGHT-0,-W,'f LINE EXISTED PRI:!~ TO THF: GRANTS CF EASEMENTS IN INSTRUMENTS RECORDED IN BOOK 1714 A: PAGES 412. 423. 426 AND 429>, THENCE EASTERLY ON AN ANGLE TO THE R!GHT OF" 90•07·26· ALONG SAID NORTH RIGHT OF 'w'AY LINE A DISTANCE or 163.00 FEET, THENCE OM AN ANGLE TD THE LE.f or 90·00·00• A DISTANCE :F 405.00 rEET TO A POINT ""HICH IS 2.2 FE[T SOUTHERL YJ er THE INTERSECTION or COLUMN LINE 33 'w'I7H COLUM~I LINE BB or THE EX:STING BUILDINGS AND IMPROVEMENTS. 'w'HICH ?DINT IS THE TRUE POINT ~F" BEGINNING; THENCE NCRTH'w'ESTERLY ON AN ANG~e: re THE LErT or 45•00•00• ALONG A LINE PARALLEL TO AND 1.5 FEET SCUTH'w'ESTERi.. Y rR0114 SAID COLUMN LINE 33. A DISTANCE er 384.00 FEE-:-TO A PCitl7 'w'HICH IS l.5 FEET SiJUTHEASTERL Y FRCM COLUMN LINE ~IN OF SA!:) BUILDINGS, THENCE SDUTH'w'ESTE:RL Y CN AN P.NGLE TD THE LEFT OF 90-00'00• ALONG A LINE PARALLEL TC AND 1.5 FEET SOUTHEASTERL v F"RCM SAID COLUMN LINE NN A DISTANCE OF 480.00 FEET TO A PCIN7 'w'HICH IS 2.2 rEET SOUTHERLY OF THE INTE~SECTlON or COLUMN LINE NN A~lD COLUMN LINE 18 OF SAID BUILDINGS, THENCE NDRTH'w'ESTERL Y ON AN ANGLE TD THE RIGHT OF 90°00'00' ALONG A LINE PARALLEL TD AND 1.5 FEET SOUTH'w'ESTERL Y rROM SAID COLUMN LINE 18 A DISTANCE or 256.00 F"EET Ta A POINT 'w'HICH IS 1.5 rEET SOUTHEASTERLY COLUMN LINE VV OF SAID BUILDINGS; THENCE SOUTH'w'ESTERLY CN AN ANGLE TD THE LEFT uF" 90°00'00' ALONG A LINE PARALLEL TD AND 1.5 FEET SOUTHEASTERLY rROM SAID COLUMN LINE VV A DISTANCE CF 90.00 rEET TO A PClINi 'w'HICH IS 6.00 FEET NORTHEASTERLY or COLUMN LINE 15 er SAID BUILDINGS DR IMPROVEMENTS, THENCE NORTH'w'ESTERLY ON AN ANGLE TO THE RIGnT er 90•00•00• ALONG A LINE PARALLEL TD AND 6.00 FEET NDRTHEASTERL Y rROM SAID COLUMN LINE 15 A DISTANCE OF' 104.0 FEET TO A POINT 'w'HICH IS 6,:5 FEET NDRTH'w'ESTERL Y FROM COLUMN LINES YY Of' SAID BUILDINGS, THENCE NORTHEASTERLY CN AN ANGLE TO THE RIGHT Dr 90•00•00• ALONG A LINE PARALLEL TO AND 6.:5 rEET NORTHIJESTERL Y FROM COLUMN LINE YY A DISTANCE OF' 189.:S f'EETJ THENCE SOUTHEASTERLY ON AN ANGLE TO THE RIGHT OF' 90•00•00• A DISTANCE OF :S.00 FEET TO A POINT IJHICH IS 1.:5 F'EET NORTH'w'ESTERL Y FROM THE SAID COLUMN YYJ Tl£NCE NORTHEASTERLY CN AN ANGLE TO .THE !..EF"T OF 90-00'00' ALONG A LINE PARALLEL TD AND 1.:5 FEET NIJRTHIJESTERL Y FROM COLUMN LINE YY A DISTANCE OF :543.:S rEET TO A POINT 'w'HICH IS 1.:5 FEET NORTHEASTERLY FROM COLUMN LINE 38 or SAID BUILDINGS AND IMPROVEMENTS, THENCE SDUTt£ASTERL Y ON AN ANGLE TO THE RIGHT OF" 90•00•00• A DISTANCE OF 64.00 FEET TO A POINT 1,:5 FEET NDRTHIJESTERL Y F"RDM COLUMN LIN£ IJIJ OF' SAID BUILDINGS AND IMPROVEMENTSi THENCE NIJRTHEASTERL Y ON AN ANGLE TO THE LEF"T or 90•00·00· ALONG A LINE PARALLEL TO AND 1.:5 rEET NDRTH'w'ESTERL Y OF SAID COLUMN LINE 'w'IJ A DISTANCE OF 224.00 f'E:ET TD A POINT IJHICH IS 1.5 FEET NDRTHEASTERL Y FROM COLUMN LINE 45 er SAID 1 of 9 . )I ... I • I T E • • • 0 , • 0 , . • ; 3 'lLDlNGS AND IMPRC;VEMENTS; THENCE SOUTHEASTERLY ON AN ANG1..:'.: TO THE R:GhT OF 90"00'00• ALONG A LINE PARALLEL TO AND l.S FEET NCRTH EAST[RL Y FROM SAID COLUMN LINE 45 A DISTANCE OF 128.00 FEET TD A POINT l.S FEET NORTHVESTERL Y FROM COLUMN LINE SS OF SAI:il BUI LDINGS AND IMPROVEMENTS, THENCE NORTHEASTERLY ON AN ANGLE TO THE !.EFT or 90·00·00· AL:JNG A LINE PARALLEL TO AND l.S FEE T NCRTHVESTERLY FROM SAID COLUMN LINE SS A DISTANCE OF 160.00 FEET TO A POINT w'HICH IS l.S FEET NOPTHEASTERL Y FROM COLUMN LINE 50 OF SAID BUILDINGS AND IMPROVEMENTS, THENCE SOUTHEASTERLY ON AN AIIGLE TO THE RIGrH OF 90"00'00' ALONG A LIME PARALLEL TO AND l.S FEET NlJRTHEASTERL Y F'ROM SAID COLUMN LINE 50 A DISTANCE OF 192.00 FEE'T TO A POINT 'w'HICH IS 1.5 FEET tJORTHVESTERL Y F'ROM COLUMN LINE MM iJF SAID BUILDINGS AND IMPROVEMENTS, THENCE NORTHEASTERLY ON AN A~,GLE TO THE LEFT OF 90"00'00• ALONG A LINE PARALLEL TD AND 1.5 FEET NOPTHVESTERL Y FROM SAID COLUMN LINE MM A DISTANCE OF 96.00 FEET TO A POINT VHICH IS l.S FEET MORTHEASTERL Y FROM COLUMN LINE S3 OF SAID BUILDINGS .C.ND IMPROVEMENT Si THENCE: SOUTHEASTERLY ON 1,N ANGLE T:J THE RIGHT OF 90"00'00' ALONG A LINE PARALLEL TO AND 1.5 FEET NORTHEASTERLY FROM SAID COLUMN LINE 53 A DISTANCE OF SS .O FEET TO A POINT VH!CH IS 10 .5 FEET NORlHF'w'ESTERL 'f FROM COLUMrJ Li'.,[ i,;x CF SAID BUI:...:miGs ~Kl IMPROVF.:MEMTS; THENCE NORTHEASTERLY ON :.r1 .:,~iGLE TO THE LEFT :JF 90"00'00• ALONG A LINE PARALLEL TO AND 10 S FE:E:. 7 NORTH'w'ESTEQL Y FRCM SAID COLUMN LINE KK A DI:.TANCE CF 96.00 rc:::::T TO A POifH \JHICi-1 IS 1.5 FEET rJORTHEASTERL Y TO A POINT 'w'HIC~ r:; 1.S FEET NOR:HEAST(QLY F?C~ COLUMN LINE 56 OF SAID BUILDINGS ;.~J fMPRO'/EMENTS, THENCE SOUTHE.:.STERL Y ON AN ANGLE TO THE R!Gr-i'7 Cr 90"00'00' ALCNG A LINE PARALLEL TO AND LS FEET NORTHEA'.;TE~:.. Y FROM SAID COLUMN i..INE 56 A DISTANCE or 652.00 FEET, n.;ENC[ SO'JTHERLY mJ AN ANGLE TO i'HE R!GH: Qr 4::5•00·00· A DI'.;TANC[ 2 .. 13S.9 FEET TO A P::m1T '.JHICH rs !.S FEET SOUTHEA'.>TERL Y FRC~ C2U.iMN UME rl or SAID BUILDINGS Af.D IMPRCVEMENT'.,; THENCE SCUTH\, E': TE~:.. y ON A~J ANGLE TO THE RIGHT or 45·00·00· ALONG A LINE PAiRALLEL T;J AN:) 1.5 FEET S:JUTHEASTERLY OF SAID COLUMN LINE N A DISTANCE OF 33.07 FEET; THPJC[ ALONG THE BOUNDARY or A PARCEL DESCRIBED IN BOCK 1734 Ai' PAGE: 6:9 THE FL!LLOw'ING FOUR C4) COURSES• (l) NORTHVE:.TE'RL Y ON AN A~JGLE TC Tl-£ RIGHT or 90•00·00· A DISTANCF': OF 56.25 FEET, <2) H,ENCE IJC?: r-iEASTEQL Y ON AN ANGLE TO THE RIGHT or 90·00·00· A DIST At,CE Cf 64 .00 FEET; (3) THENCE NORTHVESTERL Y ON AN ANG .. [ TC: THE LEFT OF 9C"uC'OO' .:. DISTl<NCE or 136.00 F(ETi (4) THENCE SOUTH'wESTERL Y ON AN ANGLE TO THE LEFr OF 90°00'00' A DISTA~lC[ wt' 278.83 FEET; THENCE DEPARTING THE BOUNDARY OF SAID PARCEi.. A~;D CiJNTINUING ,,,.LONG LAST SAID COURSE A DlSTANC[ or 25.00 FE T AL.:!~,G A LlNE PARA;.._[:_ T;J AN:l 1.50 FEET SOIJTHVESTERL Y FROM SAID '::iL;.;~N LINE T TO A POINT w'H!CH IS 15.S FEE'T SOUTH\JESl(RL Y F'ROM COLt...:MN ur,E 45 O• SAl!l BUILDINGS AND IMPROVEMENTS; THENCE NOPTHVESTE'Rl Y CN AN ANG L E TO THE RIGHT or 90·00·00· ALONG A LINE PARALLEL TO At JD 1'5.5 FE:::T SiJU TH'w'E'..TERL Y FRnM SAID COLUMN LINE 4S A DISTAt,CE CF 242.00 FEET TiJ A PCINTi THENCE SOUTH'JESTERLY ON MJ ANGLE TO Tt-,E LE>T OF 90"00'00' ,i,. DISTANCE or 17 .00 FEETJ THENCE NORTHVESTER L Y ON AN ANGLE TO THE RIGHT OF 90°00'00' A DISTA'.JC( OF 14.00 FEET TO A POINT IJHICH IS 1.5 FEET SOUTHEASTE'RL Y ::JF' COLUMN LINE BB or SA:D BUILDINGS AND IMPROV[!'IE!ITSJ THENCE O~i AN ANGLE TO THE LE!=''7 or 90"00'00' A:..OMG A LINE PARALLEL TD AND 1.S FEET SOUTHEASTER:.. Y FROM SAID COLUMN LINE BB A DISTANCE OF 353.00 FEET TO THE TRUE PCINT or BEGINMING., <THIS PARCE:.. CONT AHJS 16.265 ACRES, MORE CR LESS.) 2 of 9 ,,, ~ • . .. •· • 0 , I ]- --.. • • • ,, . PARCEL B• COMMENCING AT THE S'vl CORNER IF THE ABOVE DESCRIBED .~CTIDN 341 THENCE NDRTHERL Y ALONG THE 'w'EST LINE Of SAID SECTION 34 ,DISTANCE CF 73.0 FEET TC A POINT ON THE NORTH !..IN£ or A 5.0 FCCT T GRANTED TD THE DEPARTMENT OF HIGH'w'AYS, STATE or COLORADO. INSTRUMENTS RECORDED · IN BODI< 1714 AT PAGES 4!2, 423, 426 AND ·<129, ARAPAHOE COUNTY, CClUlRAOO. RECDRDS1 THENCE EASTERLY CN AN -~··ANGLE TC THE RIGHT or 90•07'26" A DISTANCE or 50.00 rEET TC A r-POINT ON SAID NORTHERLY LIN£ 'w'HICH ts THE TRUE POINT or BEGINNING, . THENCE CONTINUING EASTERLY ALONG SAJP NORTH LINE A DISTANCE Of 185.00 FEE'T TC A POINT; THEMCE NORTH£~ Y ON AN ANGLE TO THE LEF"T CF 90°00'00" A DISTANCE OF 154.00 FEET Tt:l A PCJNT1 THENCE 'vlESTERL Y ON AN ANGLE TO THE LEF'T a, 90•00·00• A DISTANCE OF 185.00 FEET TO A PCINT1 THENCE SDUTHE'RL Y QN AN ANGLE TO THE LEf 1 or 9c·oo·oo· A DlSTANCE OF 154.00 •!:.F:r TD lHE 1RUE POINT er-BEGINMNuJ <THIS PARCEL CONTAINS 0.6S4 ACRES, HORE CR LESS). 3 of 9 ,,,,_ ' ' .. • • • 0 I ]- • ... • " • '· faB.CEL.. t;, COMMENCING AT THE SE CORNER CF THE ABOVE DESCRIBED SECTION 331 THENCE NCRTHERL Y ALONG THE \,IEST LINE OF SA[D SEC TICN '33 A DISTANCE CF 73.00 FEET TO A POINT ON THE NORTH LINE OF THE EASEMENT DESCR[BED IN EXCEPTION B ABOVE; THENCE \JESTERLY CN AN ANGLE Ta THE LEFT OF 99•40•32• ALONG SAID NORTH LIME A DlSTANCE CF' 20.00 FEET TO A POINT CN SAID ~ICRTH LINE \,IHICH IS THE TRUE POINT Of" BEGINNING1 THENCE CONTINUING \JESTERL Y ALOMG THE SAME COURSE AND ALONG SAID NORTH LINE A DISTANCE OF 26S.OO FEET TO A POINT1 THENCE NORTHERLY ON AN ANGLE TO THE RIGHT Of" 90•00•00• A DISTANCE C!F 136,00 FEET TO A POINT; THENCE (ASTERL Y ON AN ANGLE TO THE RIGHT CF 90•00•00• A DISTANCE CF 26S.OO FEET TO A POINT, THENCE SOUTHERLY ON AN ANGLE TO THE RIGHT CF 90•00•00• A DISTANCE OF 136.00 FEET TO THE TRUE POINT ar BEGINNING, <THIS PARCEL CONTAINS 0.827 ACRES, MORE OR LESS>. 4 of 9 "" - ' . ' ' • ~ . • • • 0 ]- - • • • .. f~CE:l._ll• COMMENCING AT THE TRUE POINT OF BEGINNING OF EXCEPTION C ABOVE1 THENCE CONTINUING 'w'ESTERL Y ALONG THE NORTH LINE Of" EASEMEN T DESCRIBED IN EXCEPTION B ABOVE A DISTANCE Of" 323.00 FEET TO A POIN i 'w'HICH IS THE TRUE: POINT Of" BEGINNING Of" THIS EXCEPTION, THENCE CONTINUING 'w'ESTERLY ALONG SAID NORTH LINE A DISTANCE Of" 129.00 f"EET TO A POINTJ THENCE NORTHERLY ON AN ANGLE TO THf RIGHT OF 90•00•00• A DISTANCE Of" 136,00 FEET TO A POINT1 THENCE EASTERLY ON AN ANGLE TO THE RIGHT Of' 90-00'00• A DISTANCE Of" 129.00 FEET TO A POINT1 THENCE SOUTHERLY ON AN ANGLE TO THE RIGHT Of" 90•00•00• A DISTANCE Of" 136,00 FEET TO Tl,£ TRUE POINT Of" BEGINNING, <THIS PARCEL CONTAINS 0.403 ACRES, MORE CR LESS>. S of 9 • . .. • • 0 f ~2xl ]- ] • • • • • . -.. PARCEL .E• COMMENCING AT THE S'w' CORNER OF' THE ABOVE DESCRIBED SECTION 3"41 THENCE NORTHERLY ALONG THE 'JEST LINE CF' SAID SECTION 3"4 A DISTANCE Dr 73.00 FEET TC A POINT ON THE NORTH LINE CF' THE EASEMENT DESCRIBED IN EXCEPTION B ABOVE, THENCE EASTERLY ON AN ANGLE TO THE RIGHT Of" 90•07'26' AND ALONG THE SAID NORTH LINE A DISTANCE CF 668.03 F'EET TC A POINT 'w'HICH IS THE TRUE POINT CF' BEGINNING, THENCE CONTINUING EASTERLY ALONG THE SAME COURSE A DISTANCE Of' 122.12 f"EET TC A PCINT1 THENCE NCRTHERL Y ON AN ANGLE TC THE LEF'T Of" 90"09'50' A DISTANCE CF' 142.38 FEET TC A PCINT1 THENCE 'w'ESTERL Y ON AN ANGLE TC THE LEFT Cf" 99•50•10• ALONG A LINE PARALLEL TC THE ABOVE DESCRIBED NORTH LINE A DISTANCE CF' 122.12 FEET TC A POINT) THENCE SOUTHERLY ON AN ANGLE TC THE LEF'T Cf" 90"09'50' A DISTANCE Of" 142.38 FEET TC THE TRUE POINT Cf" BEGINNING.I EXCEPT PARCELS 1-6 AT BOOK 171"4, PAGE 338. <THIS PARCEL CONTAINS 0.396 ACRES, MORE CR LESS> . 6 of 9 ----~ ~--·- •. .. • • 0 l - - - • • • .. ~,~, COMMENCING AT THE Sw' CORNER CF' TH£ ABOVE DESCRIBED SECTION 341 THENCE NORTHERLY ALONG THE 'w'EST LIN£ Clf" SAID SECTION 34 A DISTANCE OF 73.00 FEET TC A POINT ON THE: NORTH LINE OF" THE EASEMENT DESCRIBED IN EXCEPTION B ABOVE., THENCE EASTERLY ON AN ANGLE TO THE RIGHT OF 90"07'26• ALONG SAID IIIJRTH EASEHENT LINC A DISTANCE OF 501.00 FEET TC! A POINT 'JHICH IS THE TRUE: POINT OF" BEGINNING, THENCE CONTINUING ALOHG THE SAME: COURSE A DISTANCE OF" 131.03 F"EET TD A POINTJ THENCE NQRTHERL Y ON AN ANGLE TO THE u:n or 90·00·00· A DISTANCE or 142.38 FEET TO A POINTJ THENCE 'w'ESTERL Y ON AN ANGLE TC THE LEFT OF 90•00•00• A DISTANCE OF" 131.03 F'ECT TO A PCINTJ THENCE SOUTHERL 'f CN AN At-lGLE TO THE LEF"T Clf" 90"00'00• A DISTANCE OF 142.38 FEET TO THE TRUE POINT OF" BCGINtlINGI <THIS PARCEL CONTAINS 0.421 ACRES. HCRE OR LESS>. 7 of 9 . ' • • 0 I "' I -• • • • --·a·-·---· fARCEL K• TH£ f"OLLOl.llNG DESCRIBED PAP.CCL 2.S F"EET IN l.llDTH, TQ-',{IT, CDHHENCING AT THE SOUTH\w'EST CORNE:R Of" THE ABOVE: DESCRIBED SECTION 341 THENCE NORTHERLY ALONG THE \JEST LIN£ Of" SAID SECTfON 34 A DISTANCE Of" 68.00 f"EET TO A POINT ON THE HORTH LIN£ Of" \olEST HAMPDEN AVENUE <AS IT EXISTED PRIOR TO TH( GRANTS OF EASEMENTS IN INSTRUMENTS RECORD(.> IN BOOK 171" AT PAGES "1?., "ZJ. 4?6 AND 429), THENCE ON AN ANGLE ro '!HE RlGHT OF 90"07'26' AND 1\1 ONr, SAID r,:-JR n1 LINE' A DISl ANCE OF 94S.6S FEET l O A POINT ON THE \w'ES T !..WE LJ• lLA TI STR(£T1 THENCE ON AN ANGLE TO THE LEFT OF 90•09·so· AND ALONG SAfD \JEST LINE A DfSTANCE Of" 144.88 f"CET TO TH£ TRUE POINT Of" BEGINNING, THENCE CONTINUING ALONG SAfD \JEST LINE A DISTANCE Of" ·---·------. . ·- 2.50 f"EET, THENCE ON AN ANGLE TO THE u:n Of" 89°50·10· AND ALONG A LINE PARALLEL TC THE SAID NORTH LINC CF \w'EST HAMPDEN AVENUE A DISTANCE Cf" 155.SO rEn, THENCE ON AN ANGLE TO THE LEF"T Of" 90"09'SQ• AND ALONG A LINE PARALLEL TO SAID \olEST Utl( c~ ELATr STREET A DISTANCE OF 2.50 f"EET TO THE NORTH\ol(ST CORNER er THE PARCEL Cf" REAL PROPERTY CONVEYED BY THAT CERTAIN ~?ECIAL \olARRAtlTY DEED DATED JAUUARY 26, 1967 AND RECORDED IN BOOK. 1696 AT PAG~ '49 OF THE ARAPAHO( COUNTY, COLORADO REAL PROPERTY RECORDS, THENCE' ON Al, AtlGLE TQ THE LEF"T AND ALONG THE NORTH LINC OF THE PARCEL OF REAL PROPERTY CONVEYED BY !:AID SPECIAL IJARRANTY DEED A DI:iTANCE OF 155.SO FEET TO THE PDiriT or BEGINNING. <THIS PARCEL COmAINS 0.009 ACRES, HORE OR LESS>. 8 of 9 . ' '· .. • • 0 I ?.~ I • . " • <' .JC..Sl.IN ~A_RCEJ.• COMMENCING AT THE SIJ CCRMER CF' SECTION 34, TOIJN~HIP 4 SOUTH. RANGE 68 'w'EST L!r THE 6 TH P.MJ THENCE NDRTHERL Y ALONG THE 'w'EST LIN£ Of' SAID SECTl!Jtl 34, A DISTANCE Of' 68.00 FEET TO A POINT CN THE l'ICRTH LINE Cf' \JEST HAMPDEN AVENUE, THENCE EASTERLY ALONG THE SAID NORTH LINE A DISTANCE CF" 94S.6S FEET TD A PCINT1 THENCE NCRTHERL Y ON AN ANGLE TO THE LEFT CF 90•09'50• ALONG THE 'w'E'H RIGHT-CF'-'w'AY LINE Cf' SOUTH ELATI STREET, A DISTANCE CF" 485.52 F"EET TC A PCINTi THENCE NCRTH'wESTERL Y CN AN ANGLE TC THE LErT CF 45•51•40• A DISTANCE CF 48.JJ FEET re THE TRUE POINT er BEGINNING.I THENCE CONTINUING NCRTH'w'E::TERLY ALONG THE SAME CCUR:iE. A DISTANCE CF" S6.2S FEET TC A PCINT1 THENCE NORTHEASTERLY CM AM AtlGLE 70 THE RIGHT CF 90•00• A DISTANCE Cf' 64.00 F'EET TC A POINT1 T;.,£NCE NCRTHIJESTERLY ON AN ANGLE TC THE LErT OF 90•00• A DlSTANCE CF' 136.00 F'EET TO A POINT CSAlD POINT BEING ALSO 0.7S F'EET SCUT~ASTERL Y F'RCH THE CENTER CF' COLUt'.N LINE T AND 1.00 Fr.ET NCRTHEASTERL Y F'RCM THE CENTER CF' COLUMN LDC 54 CF' THE IUILDitlGS AND tMPRCVEMENTS ERECTED AND tlCIJ BEn;G ERECTED BY CAP IT AL ALL!ANCE COMPANY>, THENCE SDUTH'w'ESTERL Y ON AN ANGLE TD THE LEF'T CF' 90•00• ALONG A LINE \.'HlCH IS 0.75 FEET SOUTHEA:.TER:.. Y F'ROM AND PARAL~EL TO SAID COLUMN LINE T, A DISTANCE OF' 278.83 FEET TC A PCINT1 THENCE SDUTHEASTERL Y CN AN ANGLE TD THE LEF'T Clf' 90•00· A DISTAr~CE OF' 19225 F'EET TO A PCINTJ iHENCE NCRTHEA:.TERL Y ON Atl ANGLE TO THE LEF'T or 90•00· A DISTANCE Of' 214.83 F'E:ET TC THE TRUE PC!INT CF BEGINNING. CONTAINING AN AREA OF 1.148 ACRES, l10RiE CR LESS. 9 of 9 ,, - •. .. • • 0 I • -• • • • • 0 -• ]- • • • • , . . • ' ... COUNCIL COMMUNICATION Date Agenda Item Subject July 6, 1998 11 a ii South Broadway Field Office Initiated By I Staff Source Neighborhood and Business Development Art Scibelli, Business Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 51, Series 1997 adopting South Broadway Action Plan. The Plan identified the opening of a Business Development field office. 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. RECOMMENDED ACTION Authorize lease agreement at 11 W. Hampden Avenue for occupancy as a Business Development field office for a 12·month period, with possibility for renewal. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Community outreach has been the operative theme for the departmental program of business retention, redevelopment, and expansion for the past three years. A highly visible, easily accessible (ADA) and user-friendly Business Development field office at 11 W . Hampden Avenue (formerly McGuires Coffee Shop) significantly strengthens NBD's program of business and community outreach . The office is a new and pro-active entrepreneurial approach to service delivery that comes at a critical juncture in the implementation of the South Broadway Action Plan, and the coordination of a major City/COOT capital improvement program in the downtown area. South Broadway Field Office Focus: Coordination of downtown capital improvements and commercial redevelopment of the entire Broadway corridor using a public/private partnership. Following represent timing, program and practical considerations for a South Broadway field office: Momentum has been built amongst Broadway merchants actively participating in regular meetings coordinated by Neighborhood and Business Development. A variety of programs have been presented which require staff interaction with merchants; such as, review of plans, tax credit certifications, etc. There is currently no easily accessible, user-friendly office/conference space to conduct such businesses . The proposed 11 W . Hampden site will enhance the comfort level of merchants to actively participate in business and community development programs conducted in an environment familiar to them --programs that benefit the City as a whole and ultimately result in increased sales tax revenue ' • . .. •· • 0 -• ,. • • .. • The $3 million COOT downtown grant will be implemented during the next two years. The office will be a focal point for soliciting information from and disseminating information to merchants about issues related to design, parking, vehicle and pedestrian circulation , and project scheduling . Design alternatives will be graphically illustrated on the office walls for easy viewing. Regular meetings will occur amongst merchants and engineering/design consultants at the office to review and critique impacts of the proposed vehicular and pedestrian oriented design scenarios. • Office will provide an environment conducive to one-on-one interaction between architects and merchants in the development of alternative facades, signage design, and business site design issues focused on increased sales and enhanced visibility. A&A Trading, Kump Lincoln Mercury, and the Metro Broker office building are current examples. Public and private financing programs for business improvement and expansion will be coordinated and implemented from the office. The City's RLF will leverage additional loan dollars from South Broadway financial institutions actively participating in the program . • The enterprise zone was recently expanded to include the South Broadway corridor. The office will provide a convenient and accessible location for securing enterprise zone literature and certification forms and attending workshops. State tax credits provide dollars for business reinvestment. • Proximity of the office to the Gothic Theater and the new Swallow Hill complex will enhance ongoing efforts by the City to assist these facilities. The enhanced coordination of the downtown improvement program with the EDDA is also an objective. • The office can be an effective location for distribution information to businesses from other City departments, i.e. Building (permitting requirements, etc.), Public Works (sidewalk replacement program). • The office will be a focal point for immediate implementation of Summer/Fall '98 improvements planned for South Broadway from Hampden Avenue south to Belleview as follows : 1 . Commercial facade program/architectural design and implementation of a City RLF for facade improvement; 2 . Citing and installation of bus transit stops, street furnishing, benches, bike racks, etc.; 3 . New street lightpoles and pedestrian lights; 4 . Undergrounding overhead street lights; 5 . Corridor-wide signage program; 6 . Iron work edge treatment for auto dealers and other retailers; and 7 . Design and entry port at Evans and identifying entry at the Motorway/Burt Auto Area. ' • . ' •. • • • 0 • • ]- - • • • • · ... • FINANCIAL IMPACT NBD is an approved enterprise zone contributions project. As such, it can receive enterprise contributions from Colorado residents for the implementation of business development/redevelopment plans. In keeping with the entrepreneurial spirit of the proposed office, these funds will provide 50"/o of the operational expenses of the office over the next 24 months. Annual lease payment O $800/month Annual utilities O $150/month Tenant finish City's share of annual lease and utilities TOTAL: City's share of one-time tenant finish expenses Fiscal Impact: Year One Year Two CONCLUSION TOTAL: $ 9,600 1,800 $11,400 $ 3,970 $ 5,700 1,985 $ 7,685 S 5,700 $13,385 This is an opportunity to try a new and different entrepreneurial approach to service delivery and community outreach. It wiH create a llrong community presence for implementing Council policy on ma;or Broadway redevelopment issues and provide a highly visible show of commitment to Englewood merchants. LIST OF AffACHIIENTS Proposed Bil for an Ordinance Lease Agreement; 11 W. Hampden Avenue Memo from Risk Management regarding inuance policy Resolution No. 51, Series of 1997 • • 0 , I - • ORDINANCE NO ._ SERIES OF 1998 ·~ • • • .. BY AUTHORITY A BILL FOR ,._ COUNCIL BILL NO . 39 INTRODUCE~L MEMBER~~~--.._. ....... _..~ AN ORDINANCE AUTHORIZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HAMPDEN 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 Re_eolution 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 buainess retention, redevelopment of commercial areas/corridors, and the implementation of the South Broadway Action Plan as Council priorities; and WHEREAS, with the pasaage of this Ordinance the Englewood Department of Neighborhood and Buainess Development will open a Buainess Development field office for a twelve (12) month period; and WHEREAS, this location is central to the business area of the City and providea an opportunity to try a new and different entrepreneurial approach to service delivery and oommunity outreach; and WHEREAS, the field office will create a atronc community preeence for implementinc Council policy on major Broadway redevelopment iuuea u well u providinc a hichly viaible show of cmnmitment to Englewood merchanta; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $cctigp l . The City Council of the City of Enc)ewood, Colorado hereby authorizea the Business Leue for 11 Weet Hampden Avenue to be uaed by the Englewood Neighborhood and Buaineu Development Department u a buaineu development field office , a copy of which ia marked as "Exhibit A" and attached hereto. Sgctjon 2. The Mayor and City Clerk are hereby authorized to aign and attest said Lease on behalf of the City of Englewood . Introduced, read in full , and paased on first reading on the 6th day of July , 1998. -1- ,, - i • ' ( l I • • 0 - • • ,. • • .. Published as a Bill for an Ordinance on the 10th day of July, 1998. Thomas J. Bums, Mayor A'M'EST : Loucriahia A. Ellia, City Clerk I. Loucriabia A. Ellia, City Clerk at the City at Enc)ewood, Colorado, hereby certify that the above and foreeoinc ia a true copy ol a Bill for an Ordinance , introduced, read in full, and pUNd OD fint readin( OD the 6th day at July, 1998. Loucriabia A. Ellia -2- f • ' ... ( .. • . , • 0 • • ]- • • 0 - BUSINESS LEASE for 11 W. Hampden Avenue ,, - THIS LEASE is made this 15111 day of July, 1998, between Wolf Land Development. LLC (the "Lessor") and City of Englewood, (the "Lessee"). In consideration of the payment of the rent and the perfonnance 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 15111 day of August, 1998 and until twelve o 'clock noon on the 15111 day of August, 1999, and for a rental for the full tenn of $19,200 payable in monthly installments of $800, on or before twelve o'dock 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 LLC, 11 West Hampden Avenue, Suite 100, 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 sumtnder the premises in as good a condition• 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 yearty 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 dean 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 hannless 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 whatsoever, and to neither permit nor suffer any ' i • ' I 1 I •. .. •· • 0 - • • ;-• • l • • disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 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 permit 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 Renr 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 tenns 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 terms, conditions of this lease. The Lessor may apply the deposit to cure any default under the terms of this lease and shall account to the Lessee for the balance . The Lessee may not apply the f • ' .. • • • C , • . " • . . deposit hereunder to the payment of the rent reserved hereunder or the perfonnance of other obligations. 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 remove the Lessee or any other person occupying the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefore and to 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 to surrender the premises to the Lessor immediately upon tennination, 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, shal be subject to forcible eviction with or without process of law. 12.ln the event of any dispute arising under the tenns of this lease, or in the event of non-payment of any sums arising under this lease and in the event the matter is tumed over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees from the other party. 13.ln 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.ln the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Lessor hereunder, the Lessee waiving an 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 al rights of the Lessee hereunder shall terminate and cease. 16. THIS LEASE shall be binding on the parties, their personal representatives, successors and assigns. LESSOR: LESSEE: WOLF LAND DEVELOPMENT LLC CITY OF ENGLEWOOD By:-----------By.~~~~~~~~~~~~ ADDITIONAL PROVISIONS : If applicable, IN altached and initial here : ---- •. .. • • 0 ]- - • , • • • • '· ... Addendum ID Laue Agrwment betwwen City of Englewood Business Development and Wolf Land Development LLC y It is fur1her agreed that Wolf Land Dewlopment wil make improvements to the lease space to provide a r9C8ption area, two office spaces and a confentnce room at a cost not to exceed $3,970.00. Said cost to be paid by Lessee upon completion. Lessee is to work with Wolf Land Oewlopment to keep costs within the specified budgets below. WOLF LANO DEVELOPIENT LLC CITY OF ENGLEWOOD By.~-------~---By:---------- 6-1-98 Pntllminary Estimate for Improvements for Office Space 1. Demo , hauling and general labor 2. Elecbical 3. Electrical fixtures (3 troughers) 4. Framing, drywall and dropped ceiing 5. PtexiiJlass and intlarior bim (labor and materials) 6. Paint 7. Carpet and pad TOTAL: Initials for budget ---- •. S 250.00 470.00 200.00 850.00 750.00 400.00 1,050.00 $3,970.00 . . • • 0 - ,, ~ • • . • ' .. //'-i I RESOLUTION NO. 5i_ SERIES OF 1997 A RESOLUT:ON APPROVING THE "SOUTH BROADWAY ACTION PLAN OF 199r AS AN AMENDMENT TO THE IIIASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED '"l'HE 1979 COMPREHENSIVE PLAN (MASTER PLAN)". WHEREAS, Article vm, Put ll, Section 58, of the City ofEqlewood Home Rule Charter, requires the PlazmiDc and Zonin( CommiuiOD of the City of Eqlewood t.o prepare and nbmit t.o the City CoaDcil of the City of Eqlewood, tiJr Comu:il'• approval, a Muter P!an and c:mrent modificatiam thereof, for the physical development of the City of Eqlewoocl; and WHEREAS, the Enclewood City Council recopizes the importance of the South Broadway commercial corridor to the economic health and community pride of Englewood; and WHEREAS, Englewood encourages busineu and neighborhoods to participate in revitalizing South Broadway and in that effort conducted a series of meetings in which neighborhoods and buainesses contributed their ideas, sugestions and support for revitalizing South Broadway; and WHEREAS, the PlaDDin.g Com.miasion has held public bearings upon the South Broadway Action Plan of 1997; and WHEREAS, South Broadway Action Plan of 1997 policies are consistellt with the Comprehensive Plan for the City of Englewood; and WHEREAS, the Planning and Zoninc Commission of the City of Enclewood has approved and adopted the hereinabove referred to South Broadway Action Plan of 1997 and submits the ume t.o the City Council for approval; and WHEREAS, this is a tint step t.o enable tbe City to amend the Comprehensive 1.omq Ordinance for the South Broadway Corridor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the concepts, stratepes and actiom, u defined in the South Broadway Action Plan of 1997, attacbad hereto u Ezhibit A. are approved and adopted u an amendment to "The 1979 Compreheuive Plan (Muter Plan)." AOOPl'ED AND APPROVED this 21st day of April, 1997 . . ' • ' • • .. l • • 0 • • • SOUTHBROADWAYACTIONPLAN Concepts, Str:ategies & Actions Staff is ausmiaing a summary of the main concepa. su:ire&ies and actioa, for City Coum:il review aad approval This draft summary contains revisions based on the most =ent meetings will! Sllbholdcr poups SUl:ll II the Chmnbcr of Commerce. business groups and reside:11s which pamc:ipated in developing the Plan. These coacepa. Sll'lllqies. and actions are the subsamce of the Plan whicll stiff presented to the ED..-od Plmmiq aad Zoniq Commission for their endorsement of the South Broadway Action Plan. The Plalmina and Zoaiq Commission approved the South Broadway Action Plan Concepa. Strategies and Actions IIIIIDimously Oil February 19, 1997 a die conclusion of three public he:irings on the mane~. Coacepa are the big-pictuR ide:is for revitaliziq Brcadway . Stnlelie5 are the sugested approaches to n:vitaii- mion. Actions are specific. prioritized :ictivities initiated by staff. residcna or business groups . Actions will often involve staite::iolder groups and that may. eventually . :-equire inclusion in c:ipital funding~- CONCEPTS • Cre:ue :our new regionally identifiable commm::ai districa • Improve building and property appe:ir.mces md inc~:ise building and property maintcanc: • Unify and be3utify the corridor and= unique jjs.r:c:s using Urban Design principles • Clarify land use samdards and reduce advme !1Dd use impacts • Improve :-e:il and pm:eived safety for Soudt Broadway businesses and pmons • Develop pedeslrian amenities and reduce vehic:!e md pedesnian conflicts • Improve pedemian connections to South Broadway from nem,y employment and rewl ~ • Assist businesses in creating :issoc:iations for maric::ing, maintenance appeannce and safety • Review pariting requiremena and oppommities :or ;,roviding additional convenient pari.:mg • Encounce compatible neighbortlood-serving bus;nesses • Address aeipborhood and housing issues in se;:ar= ;,tan STRATEGIES • Compatibility I. Acknowledge that Englewood's 1979 Compre!tensive Plan esublished the aoal ofmainuining the resi- dential neighborhoods as the comemone of:he community. 2. Encourage job and housing variety 3. Revise land use educ:mon and enforc:me:::t mategies .l E:icourage neighborhood-;;erving ;md :1e:g.'li::orhood compatible businesses S. Develop niche marketing opporiuniries • Communication l. Incre:ise opportUniries for citizen inx=c::on with City Officials 311d Slaff , Deve lop responsive customer seivice :-e::;uest prolfmlS 3. Support business assoc iations and comm=:ai district identity and mm1tctm1 piam . ' • . A .. ., •· • 0 , - • • • • . • ' (. • Community Pride l. ldmlify ad maat *-DIIW, disliDc:t cammerml dimim l. E1111w:a ....._....._civic spai:a. City 11111ys adajar iaal ticln• 3. Cna -1 pall& .-a for Bnledway ,. De¥elop WiliiWUlY eq miam of improYed propmy cziu w :e • T111116J)Oi'tation l. lmpraft sidrnlb, lwllc:apiq. ......... ~ .. ._t,y CUirm'ml noda l. R..-or c:rmiruci.......,... .......... fllc:ililill ... lniadway 3. lmpraft buump f'acililias ad me· ~• ,. Provide ipjliOplia pa1dD& • Economy I . MaiDlaiD Eapwood • a tbll lll'Yic:e cammmrily 2. Support busiDess Yilalky and Vlriecy 3. Amxt neipl,cxtlood serviq busiDeDes ,. Uppade lnllSilioaal URS and rmove or replace dmriarad mucmres 5. Encounp a balmce of commercial mes mleaial neipbaltlood wds • Urban Design ,. I. CIW Ma -of place" mr Soudl Bralldway ad~ clllip ._ mr dne ... clilll'im 2. lmprow viml 111*11 of Bralldway illl:llldilll ... ad,..._ liplills. sips. I 1 ;,:ila ad publicamilies --~--------- ,, - . ' • ' 2 .. • • 0 l - • • • • April 7, 1997 Soulb Broadway Ac:uoa Pim DRAFT #3 South Broadway Activity Table Introduction The AaioD Table moves the South Broadway Action Plan from concept ID rality. It is a list of actions designed ID meet die pl of commetcia1 revua1izatioD of die South Broadway Corridor. The Table is divided illlD six plan elemena which an dleml:s de- rived from South Broadway issues idenrifled during tbe public participltion phase of die Corridor smdy. Public participltion iDclud,:d resident and business opimon surveys, focus groups, community forums, ml public bearings. Actions are listed by first, second ml durd priority . First priority actions are urgem measures initialed to address issues of commmi1y stabilization. Second priomies are imponam supportin& actions. And durd priority actions are steps comributing to the Plan's overall goal of revitalization. 'Ibis ranking does oot mean one action is more imponam than another. The actions are oagoiq ml they overlap time, carqones, agencies, ml panicipams. The Activity Table is a guide for pmtiDg tbe South Broadway Action Plan imo action. As a guide, it is oot all inclusive ml tbe actions are open to change . It is designed as a reference so dw over time tbc community can gauge the progress of Englewood's re- vitalization and adjustments can be addressed. .... k .... --. _,.._ .. .......,_ ... _.._.... ----------- . ' - .. • • 0 f ___ I l • • ,; South Broadway Action• A 8 C 0 E F G ti I I J K L II N OIP Ql"R 8 T u PLAN ELEMENT ACTION ACTION 1 TYPE PRIORITY City of Englewood Citizen• § ·{ I .. s i ! I ~ ~ ~ :I I I ~ e'o I JI .. w fl ~ E 8 ~ 0 Er 2 ft ~ u ~ ft I~ It ~ 2'! !!: ~ I,~ ~ k~~ 1i :a I~ ~~ .. t. 1~£'. ~ ;?_ 1:. I~ j (~ 2 lri' iii () () If) () IIL c7l () () l 4 UUMrl\flllLIIT,.1,1. j •I. ... , • •NJlili! 1i\Ul.W, ~~~•·.lIID , IJ",ii r',:,,f °\.~ ~., .. 1Vi1VJ1 u .... ----,_,_ Aevi58 zonio!J ortlioance to support I ecommendal1<1111 of this ~ s . . . . . nevetop recommendations for hours of -----,_ --,---- I """'alion lor unullled labor halt• S,R . . . . . . . IOevetop land uH rllCOIMMllldationa for of ~lhop and unuiled 1 labo, 111111 wilh neighborhoodl S,R . . . . Develop and llrengthen Code I Enlorcemenl 11ra1eg1e1 S,R . . . . . -IOevetop recommendation• regarding I lmnw. s . . . . . . !Review S Broadway manage parlor ,_ ------ ti ~ .... s . . . . . . ---------,_ --11 I r 0 • 1T ~-1.1\I~'. .. ;a ..... ~-··· .._ -· ,;,l!i H lllitita!bt'*"'H':1!1i•i· : •i,.wAi:· Schedulu fon•ns lor rull'~ar cHl,0111<:My li!:t'liottl! ~ ,1 .. ili & '1H'i ~ WthfAt 1'9/1,l',i ill ~ Ii • Ill Ill !II -• Mti::·· 1l -~-'! s . . . . . . . . -ti --s------------,_ IOt,v~slomef service l!°'J'am . ---ti lfiorfonn c~11klmer 58rVIC8 _ survey s . . --,_ --1i Increase ~ vilibillly s . . --~ !Expand city ommunlty outreach 17 leltortl s . . . . . ----ln&lal Information kiosks at key I ._!!. nede&111an node1 C.IP . . . . . . . --s---------I---11 Oevelop dis tr ict Klentily pl11f!S . . . . . . . . . . ---------,-1--,_ 20 Oevetop district ident ~ ~~--s.r.o~ . . . -----------,_ --I-I--21 ~ ---c---. .•• ;~.la.A~ .• .....• , ,., ..... ~ .... ~-~ ~ \'.!lli ilil iii& iii ltii ~ ii ' -1J ii '":<1111b:t hOUliing lerue lhNly s . . I I - ... Page 1 • , ~ • \ () • I ' ...,. 2 24 21 1i 27 • • A B PLAN ELEMENT ACTION 5ot~h Bru.dway Acilon1 C DI E I F I G II I I J K ILIMINIOIPIOIR s IT I u ACTION TYPE PRIORITY City of Englewood Citizen, -""E& > lo II f. 2 8 :! Ii t1 . ~ . ~ i ~ ~ 8 r"' 1 ! H n e ~ .., ~ w . I '.! J E"' .. ™~Jue u ;-.~ IJ a Ii lUH ~~ I ~ ~ n n , ~ .,I q ~ -•--•--•---1-t....'.....1-1-1-l-l--f-l-1-,--ICOlllhlCI llOl1&1fl!l_need1 &lttdy_ IOevelop ho115ino rehab/owner,hlp l-------~°'"'a,"· I 5 ,~oli~~~!1<>ods S,!:~~ -•--•--•-•--•--•--•--•-•-t-1-1-1-t-velop Netghbothood Plans for tolled netghbo,lll>OO! velop residential and business 5 .r.oM 1_1 • 1-1' I · 1-1-1-1....'.....1-1 'I' l--.'.-t--:-1-1--J....'.....I -'- 21 -1IOC!alion1 I 5 COM I 1-1 . 1 ganize reaidenllal and b111ineH clean . --t-1--t---t I I I I I I I I I I I I 21 llllinlenanoe fl'<>!I' am& 5 . COM l ....'......1-1-1-1-1-1-1 I · I 1-W-l-+-1 . I I . I IE1labli1h liral lime homeowner H lt 32 u l4 Ji Ji ~_eogram 5 __ • ~ ~~-~l~:~-l-•-P aoh Mailer Plan 5 • • ~• --ketcnme(!evenlionl!__OQ!8ffll 5, COM -;-----;-----.---.-• 7 -;--;-• • • • -.-•-;-•-.- velop Jlfogram1 for farmer', markel, -ade1, concerti, avlc aclMllea S, COM _ _ • _ _•_ • • _ • i I ~~Fe~~7i;.~~~~~--2{'l~--;--_._ -------------'---'-7-* ~!.II ll'AJJONl ~•;i~:,,,: .. ...:.:,;11•-ilmiiiiiw,nu1i.~,··+• .... ... , 1',-lhlj,,'t.Cl,11 ,,,,,F ;r . I ,• •,:J .... rr.;pr.ljJi:liiJlml~I ~ .,,l!'.bli111l,I•11'\ -•--. 1. ~• 1.. ' I, !Evalualc overlay dislncl for lighl , aM JI jlranlll comdllf I S JI 4i 'ii -&evfae-Trallc Maller Plan I s -. aview lr allc calming 1lralagie1 _s 1-~-1-t I I I I . I I . I I I I . I I I I asearch Cl~ de UC of llrHII s • •2 • o •• .. 4i 47 .:., ____ !~;~.fiifr~~ 6~ g!r.-l=f=-:-1=--1=1==1-1-1==~=~1-1 I= =-1 ~.!~ C:(].!.'!'_!~~~~".!1' s ::;1 . l~l=RT-=I I~ 1---, r~~'!!'ifl"'!e'_~IIN2~k_kl\l!!'!~f~~s ____ s __ ,-, • ·=•-1--1--1--1--1-,-,-,-,-,-,-•--•-•-- ku,I ... All/I. c,•11 c,~5 and 1..ime_s __ ~fl-=i_•_I_·_ . -•---•--•---1 1-1-1-"'-L-• I flage 2 • • 0 • r I 0 • .. " .· 1.-i • South Broadway Adiona A a C D E F GI H I I J K L II N 0 PIQ R 8 T u PLAN ELEMENT ACTION ACTION PRIORITY City of Englewood Citizen, 1 TYPE .a e t h I I :I 11 f f 'jj ~ ! ~ l!' I j ~ ru JI ,a w ~ 0 C g' ;I f 1J. J IJ ~ 0 ~ I 8 E 11!~,~ ., ~ 1J~ a ~ J: E 2 {:. () ' ~ (~ ~8 41 Evaluale bicycle route, s . . . . 4t Conilrucl lldew• lmflrovemenl1 CIP . . . Review parl<lng reqt•emen11 lor ,_ --,- • dluicl1 R . . Conlinoe landlcaped median project It SOlllh of Chenango CIP . . . . . -I----------II i i , .. ..:...t.. .. w J.• -•• _..,J ,t·. '' tlii:!.:ii4ii ,oii,.~ !,.'jl .. ;..· .... : ~ ;;:,:;.:; = I~ = ,., --... ~ Ii ~romnle E~ z~ ••~loll R,S . . . . u e velop program, b complmanlary ----------------------- • -•mile R,S . . . . . t'romole economic devalopmenl progr-IO allracl ,_,,.._. exilling • R,S . . . . . I r 0 • " 11eve1Do --ror lechnlcal 1r~ s . . ------• 511 ~ lnaeasing buline11 zona deplh R . . . . . -- Mracl -nelghbofhood a.wig ... babry, video, • , ..... ..,. 8 . . . I-------- ~ !Allr acl lhoppklg/felall opportunillea ror • , .......... clothing, lumllure s . . . -------It -ncmwage b111ine11 aal0dalionl s . . . IElllabhh liuiin.11 Improvement I---------,- u J)IAICII R,COM . . . . . . -------!Makal Galeway, Midway and Motorway u .. ...,.. n.tr1e11 S,COM . . . -----.. c onduct holellmolel B1M11&menl s . . --:.upport redevelopment ol lhe Gothic II ! helller a, a con111111 ~ 1e101wce s . . . . . Focua •II<> buline11e 1 lo Midway and ------------,- • rllllnd, s . . . . ~I Pagel • r • • Soulh Broadway Adlon1 A a C DIE F 0 H I I J I KIL II NIO P QIR I IT u PLAN ELEMENT ACTION ACTION PRIORITY City of Englewood Citizens 1 TYPE .., E I I ~ :I Ii ~ -t i ~ l 'E ! I ~ ll a,U )H I E ~ 0 E CII i .., w gf u E ~ I ~ rt I E ii~,~ 11~ 8 ~ ~ ~i 1,, j 0 i (~ I((~ ~ :J:: ~ 2 J: E .!! 0 1!J.! ~ I~ ~ () O, .. t.L <> 1, ~ ~u Support plannlng and redevalopmenl ol ~ .. General lmn Wolkl Ille compallble 11 wtlh 1WN.Jll1<11IIOO<J1 and Broadw"y_ s . . . . . . . . . . ---------------------u 1i -,1.,jiir :.,1~'Ltil&II. , __ i..rl.::f\u&b.d ... , lll\l/·~, l.w&. t!I .'ti:'·. ,;J.:ti.'I :16UI ... ..... a1--ri 70 IJe~!!..!!~~!!!!_ ~R-. . . ------I-71 ~evlew 121 code S ,R . . . . . 7f -----t---~roadwayove~~ ~-. . -----------n (:on11ruct demonalralion block s . . . . . . J)eveklp ilreelscape ••nil•H amenily ---------1---- 14 ilandilrda s . . . . . . (:o~develop auto dealer i.lreetscape -------------->-- 11 program S ,R . . . . Develop and marlcel building lacade -----I r 0 • 71 program s . . . . n ~ housing rehab oppOltunilles S ,R . . . . --------71 !.. ievelop corridor deaign guideline I S ,R . . . . -----------,_ ------71 ~~or~ S ,R . . . andlCaflll median, IOUlh ol tlS --------------.. • 285 S , CIP . . . . lkl•I .. ent,ywar_!!al1ire1 s.cir--------11 . . . . . IRue•ch allernalrve i;lorefronl security ------------------,_ t-1---- 12 .......... S,R . . . . . ------13 I HIV, ' ' , ~ivlc fealurel Ol'l Broadway S,CIP . . . . . . ,_ ----14 lnllall pedellrian ameniliel CIP . . . . u I JeVelOD DOCIie! I CIP . . . • f.levelop air~ s . . . . IE•plor• undergrounding overhead >- 17 ·-CIP . . . · 1saAP1m11.....,.3 Page4 • , ~ • . 0 • ]- - • • • • 0 • COUNCil. COMMUNICATION RECOMMENDED ACTION: Staff recommends that City Council accept the recommendation of the Planning and Zoning Commission and approve South Broadway Concepts. Strategies and Actions by resolution. SUMMARY AND BACKGROUND: Summary City Council directed staff to study South Broadway in Spring, 1996 . Staff learned from mer- chants and residents that they are concerned with negative impacts of some businesses and with the quality of life in neighborhoods near South Broadway . The South Broadway Action Plan identified issues and priorities . The documem is summarized. Once the Concepts, Strategies and Actions are approved by City Council. staff will begin to bring forward proposals imple- menting the Plan . Background The South Broadway Concepts. Strategies and Actions provide a three to five year work pro- gram for improving South Broadway in Englewood . While Englewood has a leadership role in the redevelopment process . implementing the Plan also requires suppon from the community . Staff worked closely with the community to develop the Concepts , identify and prioritize the issues , and to plan actions addressing community issues . Based on significant and continuing community panicipation from informal meetings in 1996 and throughout three traditional pub- lic bearings in 1997 staff has worked to be responsive to stakeholder groups . Staff believes that the resulting Action Plan is balanced and practical. By identifying actions in the Plan and working to implement them over the next several years we have both organized the work and provided the community with benchmarks to measure the progress of Englewood's revitaliza- tion efforts . ... • .. •· • 0 ' I • • • ·, - The South Broadway Action Plan expands on the vision of Englewood's 1979 Comprehensive Plan that identified the potential for rcviulization of the Downtown portion of Broadway. The South Broadway Action Plan 1997 suggests creating three new districts each with a unique identity but also including clements unifying all of the Englewood districts . The Plan recom- mends creation of development standards that contribute to area character as well as enforcing existing regulations equitably and working with businesses to mitipte tbcir impacts on adjacent businesses and residences to improve Soulb Broadway. Legal Review The City Attorney's Office has aaended the tneetings and reviewed the draft South Broadway Action Plan. Planning Commission Action Englewood's Planning and Zoning Commission accepted public comments on the Plan during three public bearings, provided direction to staff, and reviewed each of three successive drafts of the South Broadway Action Plan. After considering the testimony and reading the revised South Broadway Action Plan , the Commission unanimously approved the Plan. FINA.~CIAL IMPACT; The South Broadway Action Plan: Concepts, Strategies, and Actions itself has no financial im- pact. The Plan is a policy document that guides other actions that could have future financial implications. These future implications require an on-going community discussion each Action step . Installing pedestrian amenities, constructing lal¥1scapcd medians , developing civic fea- tures, and providing technical usiswlcc for facade renovations would all have financial im- pact . There arc also on-going fimncial impacts wirh usigning staff to the South Broadway Ac- tion Plan activities such as encouraging business associations and aancting neighborhood serving businesses . lmplcmcmation of Broadway activities will depend on Council 's and the community's willingness to make three to five year commiancnts to implementing the identi- fied activities . ATIACHMENTS; Bill for Ordinance Firvtings of Fact Staff Report Case # Planning Commission Minutes Correspondence cc Soulll Broadway ..... • . .. I· • 0 , • 0 : • • BUSINESS LEASE for 11 W. Hampden Avenue .. THIS LEASE is made this 15th day of July, 1998, between Wolf Land Development, LLC (the "Lessor") and City of Englewood (the "Lessee"). 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 15111 day of August, 1998 and until twelve o'clock noon on the 15111 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 111 day of each calendar month during the term of this lease at the office of the Lessor at Wolf Land Development LLC, 11 W.t Hampden Avenue, Suite L 100, 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 hannless 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 whatsoever, and to neither permit nor suffer any disorderly conduct , noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises . ..... . . . ff., •. •· • 0 f ? • • ,,, - 0 I• • 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 permit 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 Renr 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 shaU 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 tenns 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 Leuee shall be liable for the balance of the rent herein reserwd until the expiration of the term of this lease. 10. The Lessor acknowledges receipt of a~ in the amount of $800 to be held by the Lessor for the faithful performance of al of the lllrms, conditions of this leae. The Lessor may apply the depoait to cunt any default under the tenns of this lease and shall account to the Leuee for the balance. The Leaee may not apply the deposit hereunder to the payment of the rent reserved hereunder or the performance of other obligations . .. •· • 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 tenn ended, and to enter into the premises, either with or without legal process, and to remove the Lessee or any other person occupying the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefore and to reposws the premises free and clear of any rights of the Lessee. If, at any time, this lease is tenninated under this paragraph, the Lessee agrees to surrender the premises to the Lessor immediately upon tennination, 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 to forcible eviction with or without process of law. 12. In the event of any dispute arising under the tenns 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 prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees from the other party. 13 .ln 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.ln the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Lessor hereunder, the Lessee waiving all right to any such payments. 15. This lease is made with the express understanding and ag,-n,ent 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 aN rights of the Lessee hereunder shal tenninate and cease. 16. THIS LEASE shall be binding on the parties, their personal representatives, successors and assigns . 17 . The City shall have the option to renew this leae for an additional twelve months at the rate set forth above. LESSOR: LESSEE: 'NOLF LANO DEVELOPMENT UC CITY OF ENGLEWOOD By : __________ _ By: ------------ ADDITIONAL PROVISIONS: If applicable, w llllached and initial here: ---- ' ( •. .. •· • 0 - " • • <. Addendum fD Lwe Ag,..,,,.,,, between City of &,glw,ood Bual,,... Development and Wolf Land a.v.Jopment LLC ,. - It is further agreed that Wolf Land Development will make improvements to the lease space to provide a reception area, two office spaces and a conference room at a cost not to exceed $3,970.00. Said cost to be paid by Lessee upon completion. Lessee is to work with Wolf Land Development to keep costs within the specified budgets below. WOLF LAND DEVELOPMENT LLC By:---------- CITY OF ENGLEWOOD By:---------- 6-1-98 Preliminary Estimate for Improvements for Office Space 1. Demo, hauling and general labor 2 . Electrical 3. Electrical fixtures (3 troughers) 4 . Framing, drywall and dropped ceiling 5 . Plexi1Jlass and interior trim (labor and materials) 6 . Paint 7. Carpet and pad TOTAL: Initials for budget: ----- $ 250.00 470.00 200.00 850.00 750.00 400.00 1,050.00 $3,970.00 • . ( • .. • • 0 , I • ---,,. . 0 - - -~ ~-dfauP:___L__ l -=- . . . -~~~¥«!,r~ ---·· • ~~iwJ ·_____. C • • • • • " - - 0 I • -' . . . ' ---. • • I . . Cl • ,,_-~-~--. ' 0 • ' . ' _, . . • • C ' • -. ,' ' . f . ,,.---- 0 :. - • 0 ' • ,.:---. --- 0 .• - •1 0 • • ,, . - 0 I • - • • • 0 • ' • - 0 I • - ----~- ,. - __ i - . . . f • • "' - 0 I• • . --'----~ ... -.--:;1----------r ----U~~~__f,_~'£,----;;J-~-=-------i ... . ----~~~~~~~~-~ ~-t . --+J-lb~Ul.U&~---' ~ ~fH'-rf-;--.~Otu4--lbr;.r---b,-W,-4.J---I • ,, - 0 I• -' • • C • •' I • -• 0 - /1 I (', I ;-1--. ' I !k-(j)_ &w;.PJ~ -. .-, -Vi~-~ h~40 " I ------------' ~ -~ J~~ ~J!llit'V..H/,,1.!!_~·---~ __ nd!!!!J ~:f_:s:z;-= _------- ------ . . . I. . 0 f ] • • , f • JII ~ 0 1• . • ' -r!ltt -I s 9 fJ I Tl+f£-;L c:. /~~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL 6:~ ti MONDAY , JULY 6, 1998 7:30 P.M . 1. ~1 Call to o"'8,. ') .c(? ~ . ~ 2 . Invocation . /)~ 3. 4 . 5. Minutes . dff' (j.._ J ( J~;A}~·e ~lar City Council meeting of June 15, 1998 . 6 . PINN note: It you haw• dlublllty and nNd auxllary alda or wvtcN, plNN notify the Clly of !11glawood (712-2405) at ..... 41 houra In advance ol wtlen NmON .. IINClacl. Tlwlk you. .., I • • 0 ,_ • . ' ' ' •. 0 ·, - • ,,; •· • 0 .... , 2 - - • • · ... • (, Slc1,,w'V l-eo,c/_,..p - -µ '1 '( &Hll fYlayor f "11:iv; f•• s~, ;.-"s""{er ... 1W'K IJI - I~ . ' . ' • ' ' ' . .. • • 0 r ~~" I • • ·, • 'Englewood City Council Agenda July 6, 1998 Page3 10. Consent Agenda./}~ /t'/J-/ ;J.. 3 f--c/ ~-0 a. Approval of Ordinances on First Reading . C. i. ii. Council Bill No. 33 • Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election . STAFF SOURCES: Loucrlshla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial ServlcH. Council Bill No. 34 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance amending Tit1e 8 (Elections) of the Englewood Municipal Code. STAFF SOURCES: Loucrlshla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. iii. Council Bill No. 35 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, , 998 ballot regarding changes to the City's issuance of bonded debt. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iv. Council Bill No. 36 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . STAFF SOURCES: Loucrlshla Ellis, City Clerk and Frank Gryglewlcz, Director of Financial Services. Approval of Ordinances on Secon~~:.O ~ /{j(;-/ r-::i i. Council Bill No. 31, approvi-;;/ (n intergovemme~I Agreement with the Colorado Department of Local Affairs tor an Enterprise Zone Marketing Grant. Council Bill No. 32, approving an Intergovernmental Agreement with the Colorado Department of Transportation for design of Broadway widening and medians. -0 Resolutions and Mo · i . ii. iii. Recommendation from the D nt of Financial Services to adopt a resolution approving a supplemental appropriation tor the Public Improvement Fund for the design of the South Broadway Widening and Median Project. STAFF SOURCE: Frank Gryglewlcz, Director of Ffnanclal SemcN. Recommendation from the Department of Safety Services to approve , by motion , the purchase of a fire truck. Staff recommends awarding the bid to the lowest bidder, Wheeled Coach Colorado, in the amount of $79 ,019.00. STAFF SOURCE: Jim Ulrich, Emergency Medical Ser.-ic:N Coordinator. Recommendation from the Neighborhood and Business Development Department to approve, by motion, a contract for the North Englewood ADA Ramps . Staff recommends awarding the bid to the lowest bidder, Stackholm Development, in the amount of $27,780.00. STAFF SOURCE: Brad Denning, Planning Analyst. PINN note: I you have a cllubllly and need audlary alda or wvloN, ....-nollly the City of E11glewood (712-2405) at INst 41 houn In advance ol when..._ .. nNded.. TIWlk ,ou. .. •· • 0 f I - 1 • 0 • <. Engl-ood City Council Agenda July 6, 1998 Page4 I j , ~ //!,,, i 11. Regular Agenda. a. Approval of Ordinances on First Reading . i. 12. General Discussion. a. Mayor's Choice . b . Council Members' Choice. 13. City Manager's Report. a. Englewood Cent,r Update. 14. City Attorney's Report. Adjoumment CJ:~ • The following minutes were transmitted to City Council between 6/12/98-7/2/98: • Englewood Clean, Green and Proud Commission meeting of May 12, 1998 • Englewood Board of Adjustment and Appeals meetings of January 14 and May 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of May 13, 1998 • Englewood Cultural Arts Commission meetings of May 5 and June 3, 1998 • Englewood Planning and Zoning Commission meeting of June 2, 1998 ,..._ note: If you haw• dl11ldlly and Mad_.., ... •• d• 11, .--. nalfy .. cay al Inglewood (712•240l)at 1Mat41hcusln ........ al ..... -.... .......... ,....,... - . l '"'II I ., ~ . • 0 I I - • • • ·, • July 20, 1998 Regular City Council Meeting . ' • .. 0 /