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Home My WebLink About1998-04-20 (Regular) Meeting Agenda]- • • • .. .. • APRIL 20, 1998 REGULAR CITY COUNCIL M£ETING ORDINANCE I 2\: 2\, 28, 29, 30, 31, 32, 33, 34, 35 RESOLUTION I ~, 53, 54, 55, 56, 57, 58, 59, 60, 61 "' -. ' • . • ... 0 • • • 0 '-I • . ~ • (' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO APRIL Jt, 19'1 I . Call • Onler TIie rcplu meelillg afdle Ellllewood City Council -c:alled to order by Ma,or Bums at 7 :47 p.m. All Council IIIClllbenMR ...... Ma,or Bums cxplaiMd IO die audieace dull dlen:: -I pn,blem with the IIJUlld syllem, which would take _.. IIUIIUla to nipair. COUNCIL MDIKR NilBOLZ MOVED, AND IT WAS SECONDED, TO MEET IN EXECU11VE SESSION TO DISCUSS A PERSONNEL MATnll AND A REAL ESTATE MA'l'ftR. A,a: Nays: TIie motion canied. ••••• Ma,or Bums l'eCOIMIICd the meetiDg al 1:10 p.m. 2 ........ 3. ,....,,..-.. I 4. ...Cal Abeal: A quonun -preaelll. 5. Allo ..... : CityM....-San City~..._ Depiily City Ciak Cade Neipllarllood ad EIMluameat Tedlaiciaa ....... •. . ' • • 0 ] • 0 : . • Englewood City Council April 20, 1998 Pagel (a) COUNCIL MI.MBI.R NABBOLZ MOVED, AND IT WAS SI.CONDI.D, TO APPROVE THI. MINUTI.S or THI. RI.GUI.All Ml.I.TING or APRIL 6, 19911. Ayes: Council Members Nabbolz, Gamtt. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None 1bc motion carried. (a) Sludenls and IIIMIOII from the Sheridan A VS Building Trades program discussed a "' - project they are undcr1aking in Englewood. SIC\'C Kindmdlcr, the Compn:bcnsivc Building Trades IDSlnlCIOr for the Arca Vocalioaal School and Anpahoe Community College, encourapd Council's a>ntinucd support or Project eun.o . As an inllndor in the building trades, Mr. Kindsfalhcr said he tries to ICC what students can do with their hands. Everyone has a home that needs some kind of repair, or wants to IIIO\'C into a new home that is built with care and craftsmansbip, he said. We ICC this happening less and less, he said, but wc would like to sec it happening more and more , and that is why wc encourage students to go through formal education and lake pride in their wort and then go out and fill the work force with the skills they have learned lhR>ugh this program. la the pasl, he stated, wc have built a home in a community, which the students can be proud of and ICC a,mplclcd from start to finish, performing about ninety percent or the trades tbcmsclves. 1bc only cost is the tool belt, which the students arc issued. This year, the venture was lakcn on by Englcwoocl and Project BUll.D, he llllviscd, at 777 West Oxford Avenue. Mr. Kindsfather told Council that he hopes they can attend the open house when it is completed. He acknowledged that this year's house is a VCIY expensive one and the City has gone aboYc and beyond in doing land improvements, burying some overhead power lines, installing retaining walls and other extra improvements that would not normally occur. He cxpreacd his appreciation for Council's suppon of this project. adding that it is a win-win situation. In closing. he asked again for Council's continued suppon of Project eun.o and the Arca Vocational School . Fonesl Davis, Instructor of lndustrial Technology al Sheridan High School, distributed plans to Council Ill they a,uld ICC what the lludcnts al Sheridan are doing. He said they are examples or house plans that the group submitted to the City, im:luding one from Gilbert Hoak, who -plaClll this cwoing. Mr. Davis said he would like ID share whal is going on II Sheridan High School. The Sheridan lndustrial Technology....,.._. -the lint to c:omc up with pallpOl1S, he llllviscd, which is almoll like having a dcgrcc in high scbool . The lludcnts are no kln,cr going to receivc just a diploma, but will be able to seek a PIIIPOl1 along with 1h11 to illdicatc • cmphalis in a puticular area al illlercll. For example. he aJlllinucd, in illdultrial tecllllology, tllcR are tine -they can III into, apecifically drafting. for civil engineering. mechanical and architec:tural design. '1l'OOChwoltting, which also aocs into cabindJy wort. and prc,,cngincering. he said. In explaining bow this rdalcs to the A VS aaocialion with the City, Mr. Davis stated that he and Mr. Kindsfalhcr are two a/the few teachers whole lilandank rally do not lllalter. The reason for this is that their students have to meet the City's requirancnts and a>dcs,., it docsn't lllalter what his standards are, becalllc the students ultimalcly have to meet the framing code, and they have to meet the st.andanl codes when drawing up the house plans. For the last several years, he said, the an:hitcctural design students have been designing houses and giving praentations in the spring. They have to put on a suit and tic and make their pracnlations to a panel and 1ell their design to that city. For the past two ycan, he llllviscd. ii has been in Littleton and they have received national recognition for their house construction. Also. for the past two years, Mr. Davis said his advanc:cd students in cabinet,y have been making cabinets, and this year, the cabinets will be for the house that is being built now . We have raised our standards, he commented, 111 thelC kids can meet the challenges al what will be cxpcctCd of them . Not onJy do they know what the challenges are. he aaaerted, but aim they have been living it for the last nine months. 1bc bottom line, he llid, is that this program is different than any other in the state, became it is the students who design the houlc plan. the lhldcnts who build the house and the students ' • . •· • 0 f Englewood City Council April 20, 1998 PageJ • 0 • who are building the cabinets, so it is student owned. If you don't think there is pride built into that house, he challenged, you should come and check it out on May 20"' at the open house. Mr. Davis asked Council to continue with this partnership, which is a win-win situation, because some or these students may be getting jobs here in Englewood or may even be eslablishing their own businesses here . Mayor Burns recalled the first A VS hoUllcs thal were ever built, under the auspices or the Housing Authority, years ago . He said there were two of lhem right next to each other. and they were very well done. He fdt this has been a very good program ud tbll they should be very proud of themldves for whal they have aa:omplisllcd. The prognm bas goaen bencr and bencr, with all the student involvcmcnt, he said, and med for a round of appa.. for the great job they an: doing. Council Member Nabholz com,_. tbll they toured thal house in March through the Leadership Englewood class, ud tbll she -very impressed. She added thal she -very saddened IO ICC how much vandalism had taken place . Mr. Kindsfather said thal was another aJSI the City has incurred, which he does not feel will be typical. We have a 1111 picked out and a house designed for next year 's project, he said. The amount the City is investing in the SIUdents trickles down, where parents see the students come home and start fixing things around the house, and so the trickle down effect is why we are here, he said. These students are here this evening because it is a program they have learned from and they believe in . Council Member Habenicht asked the students to introduc:e themselves. Gilben Hook stated he had been in the program twice, having participated in his sophomore year and now this year. He said he will work on the house being built next year, also . Robert Ricardo said that he has been in the architecture class for two years and in the building trades class for two years . Josh Swindle said this is his second year, having been enrolled last year as well . (b) Mayor Bums advised that Arapahoe County Commissioner, and DRCOG Board Member, Polly Page was originally scheduled IO present the City with the 1998 lnnovational A ward for its Summer Youth Ouuach Program. Since Ms. Page was busy, Douglas County Commissioner Michael Cooke was present earlier this evening IO make the presentation, but she could not stay . She will return on a later date IO make the prelCllllltion. (c) Representatives from the Department of Administrative Services diSCUSled their award- winning Career Development Plan and Living Wdl Program . Adminislnlive Services was RIOClltly honored with the 1998 Human Resoun::es Best Practices Award by the Mountain States Employers Council . Dirmor Kershisnik said it was a pleasure to be able IO share with Council the two awards that were R1CCntly R1CCival by the City of Englewood. Annually, for about the last three or four years, Mountain States has sponsored a Human Resoun::es Best Practices contest. Their goal , he said, is to solicit, share and rccogniz.e effective human raoun::a projects and programs among their 1,800 members. Included in the membership are public and private entities of all siz.cs, he advised . Administrative Services submitted applications for two of its programs, with a summary or the programs . For each program, the business problem or opponunity was identified, the human resoun::es program created to address the problem or opportunity was stated. and, lastly, proof of suca:ss was submitted. Mr . Kershisnik said this included both qualitative and quantitative data in terms of describing how the problem was solved, how the financial performance of the orpniDlion was impnMld, ud how CUIIOmer scrvia:, both internal ud external, was increased. The applications we,e judpd by eight human resoura:s professionals, he continued, who were selected from the membership of the organi7.ation . He said he was very plcaed to inform Council thal the Living Well Program. which is an integraled Mllne11 program, took first place in this contest. and the Career Development Plan took IICICOlld place. In addition to the awards themselves. and the recognition at the Best Practices Conference, held on April 2,.., the City ' .. •· • 0 f ]- • • Englewood City Council April 20, 1998 Pagc4 • 0 I • - received $1,500.00 towards the Mountain Stales training and IIClllinars. One of the best forms of recognition came when the third place winner, from private industry, tbanbd the City for not submitting three programs, be said. As repraentatiws of the City, AdministralM SelViCles accepted tbe1C awards, but the real credit goes to our employees, be allowcd, became the only way we can ra1iu IIUCXlCSS is through their accq,Cance of the programs, and we haw exceptional puticipation in both. He then introduced Manager ofRi* Caudill, who spoke about the Living Well Program. and Human RClources Adminilillalor Meadows, who spoke about the Career Development Program. "'~ Ms. Caudill told Council that Uving Well is a health promotion program for the employees of the City of Englewood. and it allo integntcl ~ and safdy. One of the -we think our program is so IUCCCllfill, she said, ii becaulc we look at the big piclure wbell we delign our programs. as oppolOd to loalwlg at only-piece of the puzzle. We idClllify "--prubleml and oppor1llnities, lbe said, such as ..-ciag at toci:sm and containing health care and Woncr's Compcnsation CIOlb. We allo wanted to~ alSraCliw to the fully i_,. market for our PPO and HMO health inlurance programs. By 1992, we bepn fine tuning our illlegraSCd appruadt to bealtb and safety programs. she explained. Living Well is the umbrdla for all of our programs, and we haw enjoyed high utilimtion by all of our employocs. Our emplojw an: -more aware of the positive consequences of the healthy and safe lifestyle choices they make, lbe aid. Ms. Caudill told Council that the bnx:bwe Dira:tnr Kcrshisnik passed out to them CIOlllaUII the a,rc program for Living Well, which is COIIISaDtly changing to meet current demands. In llaling the positm raults of the program, Ms . Caudill said that, in the area of abscntocism bctwocn 1992 and 1996, tbcrc bas been a 25% Rduction in sick leave usage for non-Commit To Be Fit participants, and during that same period of time, tbcrc was a 32% reduction in lick leave for the Commit To Be Fit participants. Commit To Be Fit is one of the Living Well programs, she explained, and in gcncral, wc haw found that Commit To Be Fit participants arc averaging approximately 47% lea sick lcsve usage than thole who arc not in the program . In the area of health insunnce. she contimied, wc have been able to awid approximately $3,955,000.00. Bctwocn 1989 and 1996, the avcra,c national health care trend was running al about 16.8%, while the l8IIIC trend for the City of Englewood was 5.48%. By being so far below the national trends for heallh care aJl3s, we were able to avoid S2.8 million in cxpenlC5, she Slated . We also bClcamc very attraclive to the fully inmrcd market. she said. and in 1997, we became fully insured, and were able to -$207,000.00 that )'CIII'. We were allo able to awid $950,000.00 in future Cxpc111C1 for our aanms retirees. .. die area of Woncr'1 Compenasion, we haw been able to avoid or -$3,090,000.00, Md -MSelllle ID awid ~ $490,000.00 between 1994 and 1998 by being putiallyd'~ fDrw Woncr'1 C11141111 s>oa, lbe said. Bctwn 1988 and 1996, we were able to awid S2 .6 millioa by, -apia. bcillg far belcM-c.olondo Woncr's Compensation trends. In the area of~ •isflctioD Ms. ea.dill adviml dial employees expreaed illlpnMCI morale . We haw bo:11 very Cl'CIIM: wl ~ ill Wllillg appn,xiJaatdy $220,000.00 to emplojw aad ...,.._,. ill nuipitioD fDr tbeir 6Jrls, SI00,000.00 of nicb was raumod to emplojw dll'Ollp incentive .....-_ $26,500.00 IO ....... fDr tbeir UlllelllM pn,grams. and $94,000.00 to die gcncral fuad. slle aid. 0. c:mployecs haw told m dial we haw boca able to UllpllM morale becw we haw taken a ,_..a illlCrell in tbeir well bciag. TIiey IIM'C boca nmpiml and rewanlcd fDr tbeir positive effort1, and die ~ me CIICIIUl'apd tea-" ud frieadly compdition, lbe said, ud since the propaa. are delipcd OIi an individual basil. we have been able to help Ullpl'OWe Clllployee ldf- CISOCID . Ms. Meadows gave Council an OYCrview ofdle City's Career o-tapmais ~ Plan, begillDillg widt two examples that haw oc:cum,d under the Plan. An employee of the ~ of Adminislntive Servioel, with l'ClpOlllibilitiel in the areas of payn,11 and nauilmalt, she adviad, allo aerw:s • the raident graphic deligner for many departments within the City ofEngleMod. This employee bas delipcd loF&, brochures, flicn and other products fDr aewral departmcnS and Citywide ~-This employee receives compeamsion under the plan '1 higher level c:atcgorics of cxcelleece for her grapbic delign degree. she said, and has allO receiYed a dilCnltionary reward for CJYUlanding wort in the graphic delign ' • ------ • . •· • 0 Englewood City Council April 20, 1998 Pages • 0 • ,, - I• of the City ofEnglewood's web site. The a>st to hire an outside gnphic designer is estimated at $50.00 to $75.00 an hour, she added. This person also designed the logo and brochures for the Living Well Program. she said. Citing another example, Ms. Meadows said that, through team cooperation, employees in the SIJ\lCts Division of the Public Worts Department doubled the output of asphalt from 450 tons to over 900 tons. These employees received a discretionary reward for the accomplishment of this team goal . Prior to the Career Development Pay Plan, she said, the City or Englewood's compensation system, like most organiz.ations, resembled a traditional step prograsion pay plan. Under this four step progression pay plan, employees hired in at the A step or the 15% pay line. Each step progression, based upon satisfactory performance and worth a 5% pay incrale, she advised, occurred in integrals of six months with maximum a>mpelllllioa adained within ID II-month period. This rapid attainment of the maximum a,mpenlllion levd, she continued, made it difficult for the City to n:tain talented employees and difficult to motivate the employees who stayed beyond a period of eighteen months. Ms. Meadows explained that, in 1919, the City of Englewood began ~ng its current culture and mission. One area given focus was the City's existing oompensation plan . The City of Englewood's Administrative ServiClCS staff enlisted the efforts of its benefits and compensation teams in the design of a pay plan to address the areas the existing pay plan failed to address, she said. The new pay plan, known as the Career Developmentf'ay Plan, has created opportunities for employees to excel . This plan provides rewards and incentives to employees for value-added advanced knowledge. skills, abilities, individual and team goals and objectives, she said, as well as personal and professional accomplishments, and duties, tasks and responsibilities above the normal scope of the position. Employees may also be rewarded for contributions made to the improvement of City operations and ICl"Vices. Cuslomi7.eel to the department, division and employee, the Career Development Pay Plan rq,laces the original I 5% pay line with a 40% pay line. The new pay line is divided into three components, she advised, including base categories of excellence, higher-level categories or excellence and discretionary cafeteria style rewards and incentives. Base categories or excellcnce, extracted from the position description rq,rcsent the minimum qualifications and requirements of the position. Ms. Meadows llaled that higher level categories of excellence include difficult knowledge, skills, abilities, goals and stn:tch objectives that go beyond the base categories of excellence. These on-going areas may require ID employee to go outside his or her comfort zone in such areas as education. creativity and innovation, expanded job duties, increased responsibilities and cross training, she said. Discretionary cafeteria style rewards and incentives may be either monetary or non- monewy, she staled, and are baled upon outsaanding achicvcmcnts, accomplishments, and changes or impnwementS 1h11 positndy impact City operations or ICl"Vices . Base and higher-level categories of excellence me assigned pen:entagcs based upon difficulty, frequency and importance. An cmploycc 's pay is adjuslcd if he or she pins a new calcgoly of excellence or IOles ID existing one, she explained. Employees are compenllled acmnling to their own self-initiative in adaining and maslering the CIICgorics or excellence. As a rault or the Career Dcvclopmcnt Pay Plan, the City of Englewood has cxpa icnccd dccralcd tumover, increwd product.ivity and morale, cfficicncy in operations and services, intcrdeputmcntal cooperation, and the diaolution of a traditional longevity-based compensation plan. Ms. Meadows llaled further that, by utilizing the special skills and talents of employees through the Career Development Pay Plan, the City has IICICII a return on its investment. For example, a steel barrier fence at the City's golf course would have COIi the City $500.000.00. As a result of its design concept, the Public Worts Department was able to reduce this a>st to Sll0,000.00. Also, two employees in the Municipal Court are awarded higher leYd categories of excellcncc for their Spanish language skills. The a>st to hire interpn:tcn ranges from S2S .OO to $50.00 per hour. For employees, the benefits of the Career Development Pay Plan are visible through can:,cr advanccmcnt, job enrichment and cnhancemcnt, a sense of cmpowenncnt, and the opportunity for financial rewards and incentives, she asserted. Positive feedback, she said, serves u testimony to the succcss of the Career Development Pay Plan. Employees have shared such comments as Mthe best thing about the plan is it gives City employees the incentive to learn more, croa train, and work harder because you arc rcwanlcd." and Mcverybocly wortcd together, consulted with management. and looked at what would benefit employees and the City at the same time ." A third comment that Ms . Meadows quoted wu "the old plan would keep good employees, but after ' I· • 0 , 1- - Englewood City Council April 20, 1998 Page6 • 0 • reaching the top level they 're out of here . I would be out of here too ifit weren 't for this plan." For the City of Englewood, she said, implementing the Career Development Pay Plan required extensive research to clctcrminc if, and how, a non-traditional pay plan would fit the organiution 's culture, as well as strong commitment and buy-in from the entire organiz.ation, a well laid foundation, an effective method of communicating the concept of the non-traditional pay plan to City employees, an investment of time to train employees in the mechanics of the plan, and a willingness to take a risk . This risk for the City of Englewood has resulted in a more skilled. knowledgeable and bct1cr educated work force . Mayor Bums thanked cvcryooc for their pracntations and <Xlllgnlu1atcd them for RIOCiving the awards. Thcllc are really quite an achic\Gncnt. he said, and we should be very proud of the Administrative Services Department. 7 . (a) Mart K1-, Prcsidcnl of the Orchard Place Resident Council, reassured Council that. "' - since the changes occurmt at Orchard Place, things have gone extmncly well and people are starting to talk to each .a.er . .J-lc rcmiaded Council that IOIIIC people came to the last meeting who were unhappy about benches in the lobby. He pointed out that the number of signablla on the document he had just passed out to them indic::alcs that the Vlllt majority is pleased with the benches. They arc also pleased with Cheryl St . Clair, Jo Hamit and Linda Conway-Oblc, who arc doing an cxcellcat job and listening to the people in the building. Last year, he said, we fought tooth, nail and claw Uying to get things done, and we got it done through the help of some of the people here. He thanked Council for finding one heck of a good director. (b) Susan Van Dyke, 3390 South Emerson Stn,ct, told Council that she would like to provide her personal viewpoint on the iSIUC of the surcharge with Wasac Management. She said that. although she is an employee of the oompany, she is not reprcscnting them this evening in an official capacity, but rather as a citiz.cn and a proponent of the City of Englewood. Over the last ten or so years, the City has developed a good panncrship with Wasac Manqemcnt. she opined, and in some ways it was long in coming. She said it did her bean good to bear Council ay tonight that they arc going to look at ways to try to mend the rift bclween WW M• ............. and the City . Council Member Bradshaw mentioned thal, apparently, ill 198S, wc palled the transfer tax, she said, ru:alling that the rcuon for the tax was thal die City was in dire need of cxtr1 -· The caffcn were down, the reserve fund was being depicted, and they were difficult years for the CllliR llalC. Ms. Van Dyke said she lgRlcd with the tax and .-r1ed that it was an approprialc tax. Siacc times have been good, that transfer tax has incrcucd the revenues to the City, with the 11111 QOUIII at lboul S240,000.00 that CIIDC in 11111 year because of this surcharge. It may IICICIII like I deep well to -Council members, she cautioned. but it has been coming in for thir1Ccn years and she qUCllioncd whcdler any of it has been redircclcd bed: to Union Avenue for any of the inf'rastructure clown there. lfit hasn 't. perhaps that is something to look al, she suggcslcd. because this must amount to a prcny good _. of revenue _. thil1eal years . Also, in reference to the future of that area, business and iaidcnlial, Ms . Van Dyke said she hopes wc come away with new ways to address the concerns of both entities and, also, look at other busincas on Union Avenue . There are quite a few other~ there, she said, that impact thole !Olds II well , and they should be considered in that quotient along with WW Managcmcnt. She said her final ob1crvation about the surcharge was that, 11 oppoml to jusa randomly raising it. perhaps Council might look at a percentage of what they are paying per yard at Waste Management on what Waste Managcmcot is charging customers. As the customer charges increase, perhaps that is an opportunity to increase the surcharge, if Council feels it is appropriate. 1bat way it stays <:OIISillent with the percentage of the whole picture. On behalf of Waste Managcmcot. she said, they are a good company ; they have provided a lot of donations in kind and cash over the last eight years, at lcut, if DO( longer . Actually, they came up with the money that started the Clean, Gn:en and Proud organization and it would not exist today if Waste Management did ' • ... •· • C ' Englewood City Council April 20, 1998 Page7 • 0 • not provide that donation at its inception, she asserted. Just in the Good Neighbor Days alone, they have given the City clOIC to $100,000.00 in donations and support, she llid, adding that she could not think of another axnpany in the City that has Sleppcd forward and done that. It is a donation, she added, not cxpcctalions. She allowed that she was disappoinled when the J)faidcnt of the company withdrew the funding for the Good Neighbor Days. The timing was inappropriate, she opined. and it was unfortunate that he felt he needed to do that. He obviously fdt that the motion Council passed rqarding truck traffic was harmful to Waste Management, she said, adding that she is not privy to that information as he docs not contact her. As a matter of fact, she llid, she used to be the community relalions per-. at Waste Management, but they removed her from that position in January when he took O\'U. She said she was truly appearing on her own merit. It has been a woodcrful partnership over the years and a model for things that can continue with businesses, she llid, and asked for Council's~ 1C111C and open mindcdncla to do the best they can in this silllation and try to rctricvc some of partncnhips they havc dcYclopcd over the years. (c) Carolyn Fulton, 49SS S. Lipan Drive, told Council that she and Mr. Vcluqucz wm: present this evening to make Council aware ofa house at 1211 West Chenango Avenue. II is five houses from where Ille lives and Mr. Vc181qucz lives next door, she said. and it,was sold to Dcvclopmcntal Pathways in NcM:mbcr. She said the 1.oaing Division told her that it was fcdcral and Slate money and it was supposed to be for training of bandic:apped people, so the City did not have any jurisdiction over it. She said she then called Dcvclopmcntal Pathways, and they thought she was an intcrcstcd customer. She asked if the people living there could be violent and was told that they could be and that they could have a criminal record . They told ber they rcfcmd two handicapped people, who would be taught to go out on their own when there is no one else to take care of them. Ms. Fulton said she was told they mighl have cerebral palsy or autism, and sometimes they become violent. She said she then spoke with Council Member Garrett and he bad the police check out the rcsidcncc and they also spoke with Mr. Velasquez. She said she would like Mr. Velasquez to tdl Council what kind of a person lives in that house, adding that, as neighbors, they do not like what they sec. She said they arc monitoring it and they want Council to be aware of what is happening there. (d) David Vcluqucz, 1201 West Chenango Avenue, told Council that he lives right next door to the Dcvclopmcnta1 Pathways hoUlc . When he mow,11 there, there -mostly retired people and it was real friclldly . He said lie Im five chilclrm in his bomc, two of whom arc four and five years old. He said he -told that, wbiic he was at ~ one rlthe COUllldors came out and bis wife WClll over to gnlCt him. The OOUIIIClor very IIJollgly told bis wife that his kids should not play by the front tree and sbould Ila)' out of bis yard becaUle the residcnl could become violcnl. Mr. Vc181qucz said he feels like bis family is not safe in their own home . He said he docs 11111 bclic\'C anyone who lives in a iaidcntial area sbould have to '° duougb this. He said lie wons very llanl III auppon his family and he fears ,ming a phone call at work saying tlla& IO!Ddbing is wroag. nil bollK is rigbl next door to a c:n,ek and the put entrance, and kids play in the c:n,ek. There is no bouDda,y for the cnck, he llid, and they arc always there crawdad fishing. and he woadcRld how you ldl lllolc cbildrcn they cannot be there anyaac. He fcan tlla& bis kids could be hurt playing in their owa front yard. Mayor Burns asked if he was saying that one of the COUllldors said that he could become violent. Mr . Velasquez clarified that the kid living there could become violent, adding that the police officen went in the house and said the kid docs 11111 look normal . He is l'Cltridcd to bis room, which is monitored, he llid, so that ifhe exits the bedroom, they would~-Mr. Velasquez said he was told, ifhe 1CCS the boy outside, that he should call 911 immcdiwly becaUle IO!Ddbing would dcfinitdy be wroq. He said he docs not think anyone in the room would want to have this kind of a neighbor, IUClling that he docs not have anything against someone like this, but if he is clanFRJUS, he should be located where they can take care of him . ' ...... •· • 0 , 1- • Englewood City Council April 20, 1998 Pagc8 • 0 • ,,, - I • City Attorney Brotzman stated that this is an on-going investigation, and they have been notified that they arc not allowed to have a halfway house in this n:sidcnce. As soon as the officers finish their investigation, they will be getting back with the raidents and Council will also receive a report, he said. Mayor Bums said we will await the results of the investigation, and thanked Ms. Fulton and Mr. Velasquez for coming. Ms. Fulton asked why somcdling cannot be done on the basis that they told her it was supposed to be for rehabilitation and that is not what is happening in this house. Mayor Bums said the on-going investigation will be rmewing thole types of things. (a) A proc:lamation declaring the week of April 19-2S, 1998 as Always Buckle Children in the Back Seat Week was considered. COUNCILMEMaER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF APRIL 19-25, 1991 AS ALWAYS BUCKLE CHILDREN IN THE BACK SEAT WEEK. Ayes: Council Members Nabholz, Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None The motion carried. 9. ,_lllic Barias (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER CITIZEN INPUT REGARDING A PROPOSED BILL FOR AN ORDINANCE AMENDING LANDSCAPING STANDARDS. Ayes: Cowlcil Members Nabholz, Garrett.. Bradshaw, Habenicht, Wagoner, Clapp, Bums Nays : None The motion carried and the Public Hearing opened. All teltimony -given under Ollh . Neighborhood and EIIVinlnaal Tocllnician Lanp IOld Council that the macr before them involved revisions to the Muaicipal Code . SIie IUbmined l'lool al Publicalion for this Public Hearing, which appeared in the EagleMJod Hcnlcl on March 6 , 1991. She made-FftCla) poinls rqarding the landlc:ape onlillanc:e finl. ltaling that the onlillanc:e -written for the 111¥)rity al CllleS, with the recognition that unique situalions do exitl in the City. The ordinance does not regulale dc:lign, and that means it does not rqulale lillCb things as 101C1 versus~ and it does not Rqllire everyone to immediately go out and illllall new landscaping. It would be required only when applicability Rqlliranents arc activated. What the ordinance does is regulate the quantity, the how much and the spacing of planting, she said, and it regulates the quality of the plants, the siz.c, and provides planting standards and maintenance requirements. It also regulates where the landscaping will be, so that it brings the landscaping forward to where it is more visible and will crate a paler impact, while llill being fair and equitable to people, she said. The buic intent of the ordinance, she advised, is to enhance Englewood's aesdlcdc: appcaranc:e, stabillx the environment's ccological balance, pn,vide administrative clarity, Cllablish quality and quantity standards, and provide equitable means to meet thole Slandards . Reviewing the pnxas, Ms. Langon IIWed that the revisions were brought forward at the request of the •· • , • • Englewood City Council April 20, 1998 Page9 " -• 0 • Planning and :zoning Commission, who's goal was to provide standards of quality and quantity in anticipation of ~tin the City. To that effort, staff reviewed the cunent ordinance and identified cleficicocics in the ontinana:, reviewed other landscaping ordinances across the nation and locally, researched options. ,cnenaal -.I dnfts and 9Cllt them out for review and a,mmcnts, she said, to City departments. lud9cape prufeaioaals. ~ owners and to the Chamber of Commcra:. Ms . Lanp pointed out three key uas in the ontiDIIICC. Tbc first was applicability, which she said requires llllking an adjustment in the criteria of when the llaDdlrds arc ncccaary. There is the potential, with the -ontiDIIICC, of more propcrtics being affecled, she aitviscd, but the ordinance balances that possible increlsc by extending credits for existing trees, public rigbt of way and interior putting lot landscaping, that was not previously aJUDled, but will -be counted tawud the tolal requirement. Tbc buic effect is the acliVllion mechani1111 would be lower, but the CMrall propcrtics line more options and more allowances with which to work. Tbc ~ key area is llaDdards, she said. Tbc ordinance lelS minimum standards and rcquircmcnts. shc advised, specifying the clcwls and providing clarity and direction . The IUl key area is equity and fai,-, she said. We have to look II Englewood as a built environment. which has cliffcrcnt characlerillica than an area like Highlands Ranch with ID much open space. To that end, she said, wc left design to the individual, allowed credits for existing plantings, provided waiver options, included ri....--ny and putting lot requirements, allemative compliance options, and there is considcralion for die downlown cnvironmcnt. We also offer a fee in lieu. for those properties that arc physically unable to tncCl thole llaDdards, she added, and fair and equitable options for unique situations arc available. The ontinancc also addresses quality of life, she said, and balances the needs of the community and praclicality of the wban environment. We need landscaping because it provides an economic benefit for the City by making it more hospitable, she said, and it adds characlcr by crclling unity, while creating diversity . II offers variety and cnhanccs property valucs, it improves air quality, she advised, moderates ICmpCnllurc by providing shade, reduces glare and rcOec:tion, reduces noise , and offers a buffering bcl--. adjacent UICI. I ancbalping is quality of life, and that is what this ordinance brings to Englewood. she opined. The items clisamed at the Study Session and those suggested revisions arc found on page two of the Council Communication, she said. Mayor Bums asked whether Ms. Langon was going to address the three amendments and the two items at the bottom. or if she was waiting for Council to CIOIIIIIIClll . Ms . Lanp responded that she was waiting for Council's c:omacnt. Tbc fint three items were Council's clirec:tionl at the Study Session, and thole were chaqes they wanted made, ad the last two items were clilCUSSion itcms. she said. Mayor Bums llalcd that no one bad signed up to speak at this llcaring. but he invited intcrcltcd panics to do ID-· Tbcrc was no l'ClpOllle. Mayor Buru said die last two ite:ms Oil the~ pa,c were cli....s. Tbc first being thal PUD lancbalpiag rcquimacnts sbllll be dc:lermincd Oil a cw by cw basis and CCllllidcnbon sbllll be given to the type of dc,,dopmcnl w . PUD ludlcapc nquircmalls will be guided by requirements established for similar dc,,c'°IJ m •• wl llimilar 1W diltric:ts. Council Mclllbcr Habcaichl said shc would like to sec this fint item for CIIIII--' iacluded. Mayor Buras agreed. City Attonicy Brotzman said that the two clilCUllion ileml uc aclually illcluded . I• die clilCWion II die Study Session, he rocalled, there was a queslion as to whcthcr Council waDled to lll'Cllglhcn the languqc or not . II was not clear at that point whether they waDled moclificllion IO that pangnpb. Ms. Habcnic:ht said she would like the paragraph strcngthcncd. Mayor Bums asked Ms. Langon to comment on why the provision is drafted the way it was and what the thougbts of staff were . Ms. Lanp IClpOlldcd that it was to offer flexibility . Since wc don't know from one PUD to the next whll the land w would specifically be. it WII wriaea that way to offer ftcxibility . The rcquircmcnb would be much the -• similar 1W clillricU, ID thal, if the PUD was lllOllly •. •· • 0 , ]- - Englewood City Council April 20, 1998 Page 10 "' -• 0 • commercial, you would usc the axnmercial requirements as a guideline, she said, and industrial standards would guide industrial . Mayor Burns asked if she would object to having that set out in the ordillllllCC. recognizing that it shouldn't be tied down too much. He said that it seemed to him that, if you set out the standanl sbe just described, it would provide some guidance for each l.OIIC classification . Council Member Habenicht said it was her undcr-.anding. also, that wc wanted the clarification that there would be consideration to when: the PUD was . For illSlall(le. if the PUD was an industrial usc, and would be going in the middle of a residential area, that that would be taken into CXJIISidcration and those requirements would be considcn:d as part of what was going to impact that PUD. That was the piece that she was looking for strength on, she added, so that wc would not be providing a tool to undermine our zoning. but one to enhance it. Mayor Burns asked if she was talking about applying a rcsidcntial standard to an industrial zoning classification. Council Member Bradshaw said yes, that's what she said . Ms. Habenicht said, if it is going to be n rcsidcntial area, then yes. Mayor Burns said the first decision would be whether you want to change a residential area to an industrial, and then you apply the appropriate landscaping for wbat~r you decide the zoning classification is. Council Member Gam:lt QOIIUIICllted that it seems there arc two iSSUCli. One is that you have a minimum of landscaping. and, no matter what area it is in, you say that you want a ccnain minimum on a PUD. That could be 20%, which is slightly above the business and industrial. The other arca, it seems, if you wanted to Sllcngthcn, is where wc have the issue of zones next to each other. Then, where industrial meets residential, wc have some extra buffer landscape, and have that as an emphasis, until wc fix the problem. Council Member Habenicht thanked Mr. Garrett for his help, adding that that was what she was trying to say . Ms. Langon said lhc thought anething ClOUld be worked OUl in that regard. Mayor Buras aid tbc odicr question is whclhcr tbc lmaDl sbould be responsible for landscape maintcnaDCe, • well • tbc owacr. He asked whal the staff fccdladt was on thal one . Ms. Langon rapcllldod tbal. qaia, tlial is a flexibility isluc, when: wc can address both the owner and the person who lives tbcrc. Mayor Burm ra:alled dull they discusa, if the owner is in another part ol tbc oountry and not COIMllient. tbcll al ~ tbcrc is -cllc who is l'ClpOllliblc for the landlcapc maiDICllancc. Council Member Habenicht said it is her undcnlanding that, in most communities, it is jusl the property owner who is dcsignaled in this type ol ordinance. She asked if she was com:,c( thal it was discussed in Study Session. Ms. Langon rapcllldod that, in looting II odicr onlinanccs, it is pniblbly half and half. Ms. Habenicht aid her a,noern is always that, if the rapomibility is shared and it becomes fuzzy, llOllldimes it is hard to say where the responsibility lies. She opined tlial tbc raponsibility sbould lie with the property owner and the property , through leasing agrccmcntS and odicr things. can have those dcsignalions made with their lellanll. Again, she said, the ultimate raponsibility should be with the property owner, and when wc do that, it provides an opportunity for due procas. Mayor Bums asked if it could just provide thal the property owner is primarily l'Clp>llliblc, and if he is not responsive within the time limits wc set on this. then the tenant is raponsiblc . Whal would happen, he ukcd, if the lcac docs not require tbc tenant to maintain tbc landscaping? City Aaon1cy Brotzman responded that, in this case, you arc stiU malting the tenant responsible, even if bis lcac docsn 't say so, he ' ..... .. I· • ' - • • • • .. Englewood City Council April 20, 1991 J>Mell llill lm to make -tllal the property mccu these lllalldanls. Since this would be a -property, the teaaat ll)iag in would actually be having this~ be added. You are not ping to place these IIUdlnll on a holac dial lm already been built, but the applicability on these is for ~t or new developmcnl, be llicl. Council Member Bradlbaw said the owner would ranain R8p0Dliblc. Mr. Bnamu CXIIICUfflld. Mayor Burns asbd ifbatll the owner and the 1e11a11t would be on notice of'this ordinance bd'ore tlley occupied the property. Mr. Brommn said dial is ainect. Mayor Burns asbd if there-a_. on Council on this provision. Council Member Bnidsbaw said 111c feds it should be owacr and lmUl, becauae dial is the f'8llell way IO implement cbanF, and, if llatl' l'CICOIIIIIICII it, obvioully they bave bad -expel ience with it Mayor Burns concuned. He said be thinb the Oil nw-• is IO ~ it• ii. City Aaonley Broczaa aid Comcil will n:iceiw a llieel limilar IO lllil,obecauae, tradilicmlly, IIMllioas aren't made IO c:baaF lllil, m M will do anotbcr lilt w'-it CX1111CS up b acoild readillg b c.o.ncil to do motions alf al, be said. Mayor Bums asbd ifM can do this OIi acoild n=ading. Mr. Bra1znan said this will actually n,qui~ another lading after that if they make cbanp. 'I1lrft -no one elle preaent to addrea the issue:. COUNCll. MEIDER WAGGONER MOVED, AND ff' WAS SECONDO, TO CLOSE THE PUaUC IRAIUNG. Ayes: Council Members Nabbolz, Gam:a, Bnidsbaw, Hakaic:lll, Wagoner, Clapp, Bums Nays : None Tbe IIIOlion c:arried and the Public Hearing c:loml . 10. C....A..- COUNCll. MUDD WAGGONER MOVED, AND ff' WAS SECONDO, TO APl'aOVE CONSIENT AGENDA ITUIS It (a) (I) TllllOUGB (Ill) ON JOIST D.ADING. <•>· ~ 110---,. ... RadiDg (i) COUNCD. BllJ. N0.10, INl1lODUCl!D BY COUNCD. MEMBER WAGGONER A BllJ. FOR AN ORDINANCE AUTHORIZING A PIPELINE CJIOSSINO AOREEMl!lff ENITIU!D "PIPELINE CJIOSSINO AOltEEMENT -MILE POST: 6.45" AT YALE A VENUE Wl'lll 111E UNION PACIFIC RAILROAD COMPANY. (ii) COUNCIL Blll.. NO. 21, DmlODUCED BY COUNCIL MEMBER WAOOONEll A Blll.. FOR AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENITIU!D "PIPELINE CROSSING AGREEMEHT -MILE POST: 7.76" AT KENYON A VENUE WITH 11IE UNION PACIFIC RAILROAD COMPANY. (iii) COUNCIL BILL NO. 20 , DmlODUCED BY COUNCIL MEMBER WAGGONER • • • 0 ]- • Englewood City c.ouncil April 20, 1991 Pqe 12 • • t• • ... A BILL FOR AN ORDINANCE APPROVING SUPPLEMENJ' NO. 1371011IE SC>UmGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR 11IE INO.USION OF LAND WITHIN 11IE DISTRICT BOUNDARIES . Ayes : Nays: Council Members Nabbolz, Ganal. Bradshaw, Habenicht, Wagoner, Clapp, Bums Nae The IDlllion carried. COUNCO. MEMal.ll 81lADSBAW IIOVD, AND rr WAS SECONDED, TO Al'PROVI. AGENDA ITEMS te (It} (I} AND (II} ON SECOND lll.ADING. (i} ORDINANCE NO. 26 , SERIES OF 1998 (COUNCIL BILL NO . 7, INTRODuea> BY COUNCIL MEMBER WAOOONER) AN ORDINANCE AU'I1IORIZING AN INI'ERGOVERNMENTAL ~GREEMENT BETWEEN 11IE COLORADO WATER CONSERVATION BOARD OF 11IE STATE OF COLORADO AND 11IE CITY OF ENGLEWOOD, COLORADO Al11110RIZING AN EASEMENT POil 11IE CONS11ltJCnON OF A CONCRETE B1CYC1EIPl!DESTR1AN PA111 ALONG 11IE SOUl1I PLATJ'E RIVER CHANNELIZATION PROJECT. (ii) ORDINANCE NO. 27, SERIES OF 1998 (COUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ASSIGNING AND 11lANSFEIUUNG 1011IE CITY AND COUNJ'Y OF DENVER. COLORADO, 11IE 1999 CITY OF ENGLEWOOD, COLORADO AU.OCATION FROM 11IE STATE CE1UNG POil PRIVATE ACTIVITY BONDS 10 FINANCE RESIDENTIAL HOUSING FACIUTIES POil LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN 11IE CITY AND CERTAIN O'l1IBR CITIES AND COUNl1ES IN 11IE STATE OF COLORADO; AUJHORIZING 11IE DELBOATION 1011IE CITY AND COUNJ'Y OF DENVER. COLORADO OF 11IE AU'l1IORITY OF 11IE CITY OF ENGLEWOOD, COLORADO WITH RESPECT 1011IE ISSUANCE OF SINGLE FAMD. Y HOME MORTGA<E llEVENUE BONDS (11IE "BONDS"} 10 FINANCE RESIDEHl1AL HOUSING FACILITIES POil LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN 11IE CITY OF ENGLEWOOD AND APPROVING SUCH BONDS AND SINGLE FAMD. Y MORTGAGE LOAN PROGRAM; AND Al.mlORIZING 11IE EXEClTJ10N AND DELIVERY OF A DELBOATION AGREEMENT AND 011IER DOCUMENJ'S IN CONNECTION 111EREWffl{. Ayes : (c) eo.cil Melllben Nabllolz, Olma, Bl1ldllllw. Habelliclll, w.....-.Clapp.a... Nae COUNC0.111.MaU WAGGONl.a MOVED, AND rr WAS SECONDED, TO Al'l'IIOVI. CONSENT AGENDA rrl.llS te (c} (I} 1111lOUGH (Y). •. •. .. • • 0 II' -. ., . ,~ • ·, (. Englewood City c.ouncil April 20, 1991 P1F 13 (i) RESOUITION NO. 52, SERIES OF 1991 A RESOLlmON FOR REAPPOINTMENT OF lllACEY M. DAWSON, AS ASSOCIA'IB MUNICIPAL JUDGE FOR 11fE CITY OF ENGLEWOOD, COLORAOO. (ii) CONS11lUCl10N CONlllACT FOR CONCRE1E PROGRAM 1991 IN 11fE AMOUNT OF SIOl,363 .50 Wffll 11IOl1IT BR011IERS CONCRE1E CONlllACTORS, INCORPORA'llID . (iii) PURCHASE OF TWO JAOOBSEN TRI-KING MOWERS IN 1111! AMOU1'll' OF $30,160.00 FROM MIL£ IDGH 1URF EQUIPMENT, INCOllPORA'llID; A TORO REELMAS11!R 5200-D IN 1111! AMOUNT OF $25,752.00 FROM L.L. JOHNSON DISTR1Bl111NG, INCORPORA11!D; AND A CUSHMAN GA60 IN 1111! AMOUNT OF $23,105.00 PROM L.L. JOHNSON DISTRIBlTl'ING, INCORPORA'llID . (iv) LEASEll'URCHASE AGREEMENT FOR 11fE PBX EXPANSION PROJECT FOR 1111! ALLEN PIL'IBl PLANT 11DtOUGH 11fE STA'IE OF COLORAOO BID PROCESS IN 11fE AMOUNT OF $24,334.47 PROM LUCBrT~IES. (v) LBASEIPUROIASE AGREEMENT FOR 11fE PBX EXPANSION PROJECT FOR 11fE DEPAR'JMl!NI' OF SAJIETY Sl!llVJCES COMMUNl1Y RESOURCE CEl'ffl!:R 11fROUGH 11fE STA'IB OF COLORADO BID PROCESS IN 11fE AMOUNT OF $25,299.72 PROM LUCENT TEOINOLOGIES . A,-: II ...... A..- c-il Melllben Nlbllolz, Gama, Bndlbaw, Hlbenicbt, w...-,. Capp, Buras Nae nae-••f.._.._ ........ ..,.._ • ._....,_ (SeeA,-lallealO-CW Apa.) (I,) nae-• 111111ilioNI ......... ,...,....__. ...._ <See A..-.._ 10 - C.-A,-la.) (c) P..+mcwadMaaw nae-• ........ ..._.,.. or aaaw ......_ llr lfPRMI . (See A,-la Item 10 -CW Apa.) 12 . ~Dk-:, (a) Ma,w1 Cliaice .. • • 0 0 ti~ r , i 11 1 li ,~1 ,~i I I 11 r !I~ I Jtf 1, i t~ (,1 Iii II ~fl ·· ·· , ,aE rr Jii l I E! Ji r'i 'fi i t ii I JI I d I I &$ I I : Ii J ~ • 1~ · · iH r I f ~1 J · = i,1 i t I I':, I . r r a (i 8 I It l a r ij . r ~ i; I §f J I ~i 1 8 ~ ! l f ~ i . ,, • • r a i ~ · ~ 11111 ~ It I ~08 i , •• ,,.8 ~ Si M a~ i . .JI r..,, r lf i1;; s [ i~,tff! Ii f!s Iii i I fllJsftf f If , 1~ ii; i I i i IJ . '' r r ,~ r ' Is~ I ls ,111 I I ~ :~! ~1',~1 I J J >o:i (a.'Jf.;:I t ti ,,~!i i 1!a,1i J r1 i' ;~ '• .1,,.,.f f 1'' j Jt ;·(• 1 ·1 I I WI j tf . ~ I I as Ira l! . n l•hu . lJ I ~a r'J't~ f Ii~ ~I 1J.J,1 i i . ,riJ 1 l , !H lj l r I . . ~ tt '\'. I !-;#. ~ I ]- - Englewood City Council April 20, 1998 Page 15 • 0 • ,,. - , . 3 . Reprding the memo Council received pertaining to the filtering l)'llelll OD the a,mpuCers in lhe library, Ms. Nallholz said thal she would lille to have a -from lhe Libnuy Board. She said that she "-Council Members Clapp and Habenicbt IICn'e OD thal board, and it was her undcnlanding Ibey bad rached a policy agreement after lhe trip to Washington. She said she would apprecialc an updale OIi thal. 4. She said she will be aaending a .-ioa in~ Coualy oa WodMalay thal Council Member Bradshaw is tcacliing. 5. Sbe adviaed dial lell 1-called lier jlllt hebe she -laMl!g repnling -pniblems at 2915 Soiitla Baamx:k Slreet. SIie said this 1m been a pniblem llciuR, locllDd at the -al Bauoc:k and Cornell. She acd to be advilCd wa C.odc EabW lall ClOIUClcd this hew wl how ~ timel Ibey have COlllaCled them in the pall 6 . Ms. Nabholz said that she and Council Member Garrett finally made a C.odc Enforcement meding !Olllda, and Ibey look forward to working with everyone involved. (ii) Council Member Bradshaw I . She ll8led that today, Gary Riclwdson, lhe Supervisor or Operation, MainteDIIIICC and Tramportalion for EnglNood Scbools, dropped off a teuer. al wbic:h she prmously gave QOPies to Council . Appa,ady, lall year, lhe City donalcd a high nnger to the disuict, and Ibey are requesting two more vcllidel ror clonluon. She said she feels this is IIOllldhing that should be referred to the School- City Joint Committee ror dill:uaion. She IXIIIIIIICIIICd that she was under lhe impression that lhe high nn,cr -a one-time cloDalion to the ICbool district and thought !here was some mis-communication. They UC n,quclling a 1990 V-1ift truck and a 1983 lnlCnllllional dump truck, she said. She rcpcalCd that she thinks it needs to go through the committee. Mayor Bums acd if ii would be helpful if Council wrote a letter clarifying their position, thal this - jult • oec-ti-donation. Ml. Bradlbaw said she tbougbl • teuer badt to Mr. Ric:banllon would be appropriale, aying dull die high aiipr -a oac time donation, thal Englewood Schools is wdcomc to bid ror odls vcbic:lcl. uc1 lhllt lhe committee will take the matter up . Couacil Memllcr Nallholz said thal is fine . She said Ibey have already bad their mcding, bul Ibey could always call ..,.._ oec. SIie said it -wry clear at that meeling, becallle City Mana,er Scan _, duaup. ...,._.by ........ ming wbal needs and ..... the ICbool may have bad from the City, and it -not bnluglll .. at dull time . Council Member a..... said dlat ma,-Ibey need to mmm1mialte better ewer there. Council Member w...,... nailed dlat OIIC allhe -the high nDfCI' -donalcd to the ICbools - becallle lhe City llill 11111 IIIIIIC -for it and could borrow ii badt. Council Member Bndsbaw comm sod that we maia1aia all Ille vcllidel ror bodl the City and the ICbools • our Scrvic:lcnlcr. Mr. Wagoner said thcac two piocel or equipmclll are older aad tberc is DO loa,cr 811)' -for lbem, M far• Ille City is coaccrnod. 11 wms appropriate to get rid altbem, and if the ICbool ftllll 10 buy 1bem. that is fine . Soekiag clarific:alioa. City Manqer Scan med if ii w lhe CODICIIH al Council tbal we ID ahead with Ille 8UClioa • this time and allow Ille ICbool dillric:1 to bid on this. aad tben raise this at our next School- City Joint Committee IDClding. Council concumd. ' •. .. •· • 0 , • • 0 • i ~ 9 ~ [f I · ~ !!.fl' fl ljr f !f ~ f I i u fg i f tt..! lf !H iy .11 1 l u 19 I ;jJUi jh JH i i t; ~1 JI; 1ft'li ,ri 'I ! 1 1 r r 1 1 Jr1 111 JI ~ I I~ '1 111,il •!I l i ! I i[ iJ }!If Jte lu bl s ~~ i cl 1' la.( r~t i 1 ( l !· f1fl jlt ~1$ I I ~ f jitfl>J ,11 I _f . ii I I .,. ;· I' I r Is · 1 t1 B· · · J i I ; !:1' !ifa. 1.,, s=;, · . a.•1,11 f 1,a. t i f ~1.,,1,· f~tl-i!,~ • s· i 1J1 ·f · iR" i i I ~~rrr 'l rt-~ s · Ja I I~ lif , , I .. ,. ' .. ; ' I • ~ I I ~ • • 1. 2 . 3 . 4. ~s. of'' 'l' 6. 7. 8. ~ o,r · 9 . • 0 I • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 20, 1998 7:30 P.M .. Call to order. '/:t/.7 /¥'71 "*'*---.. •e--.s......ia--. • ......., ..... A 1.i.R.,& ... ,.. .... .....,_ .,....7,4 /J Invocation. , ...,--__ ) T"l~ f:IOf">? Pledge of Allegiance. f/)~tJ1 ~/)..)lAl,,O AollCall. /~ Minutes. a. Minutes from the Regular City Council meeting of April 6, 1998. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. b . Students and advisors from the Sheridan AVS Building Trades program will be present to discuss a project they are undertaking in Englewood. ~~ounty Commissioner and Denver Regional Council of Govemments Board Member, will present the City of Englewood with the 1998 Local Govemment Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer -Youth Outreach" program. c. Representatives from Englewood's Department of Administrative Services will be present to discuss their award-winning "Canter Development Plan" and '1..Mng Weir programs. Administrative Services was recently honored with the 1998 Human Resources Best Practices Award by the Mountain States Employers Council. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) Marti la..-Oralwd ..... a-van o,.-w...M11...-11.....,. C8"IMI l'ullln _, Dalllf .,....__Dau*> Uilll ...._,. Holaa Communications, Proclamations, and Appointments. PINN nae.: If you haw• dls1~11ty and need amlllary atda or wvtoN, plew nallfy Ille Cly al 11 .... oocl (712•24Cll5) at 1Nat 41 hcua In advance al when..,,._. .. IINded. T'-* you. • ..... ... •· • 0 ' - • "' -• • , . •, • EIIQlaWOod City Council Agenda April20, 1111 Paga2 10. Consent Agenda. a. Approval of Ordinances on First Reading. ~~'· ~·.1-,1• Council Bill 1 o -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Pipeline Crossing Agreement at Yale Avenue with Union Pacific Railroad. STAFF SOURCE: Stewart Fonda, Director of Utllltles. 100....i, tl ii. .,,,,o Council Bill 21 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. STAFF SOURCE: Slawart Fonda. Dlreclor of UtlllU... b . ~r ~; IJ I '/'0 C. iii. Council Bill 20 -Recommendation from the Utilities Depa,tment to adopt a bill for an ordinance approving Southgate Supplement #137. STAFF SOURCE: Stewart Fonda, Director of Utllltles. Approval of Ordinances on Second Reading. i. Council Bill No . 7, approving an Intergovernmental Agreement with the *· ''° Colorado Water Conservation Board authorizing an easement for a bicycle/pedestrian path. ii. Council Bill No. 19 • A Bill for an Ordinance approving an Intergovernmental . u1.'J1 Agreement with the City of Denver assigning and transferring a portion of P Englewood's 1999 allocation of private activity bonds to finance residential housing facilities for low-and middle-income persons and families. Resolutions and Motions. Recommendation from the Municipal Court to adopt a resolution reappointing Associate Judge Tracey M. Dawson . STAFF SOURCE: T--Wolf9, Coult Admirdllliabw. Recommendation from the Oepa,tment of Public Wortcs to approve, by motion , a construction contract for Concrete Program 1988. Staff recommenda awarding the bid to the low bidder, Thoutt Eltolhers Concrete Contradors, Inc. in the amount of $108,383.50. STAFF SOURCE: aw. Eelarty, DINctar of Pubic WOfb. Recommendation from the Par1<s and Recreation Department to approve, by motion, the purchue of golf course maintenance equipment. awarding the bids to the lowest technically acceptable bidders. Staff recommends awarding the bid for two Jacobsen Tri-King mowars to Mlle High Turf Equipment. Inc., in the amount of $30,160.00; the bid for a Toro RNlmuter 5200-0 to L L Johnson Distributing, Inc., in the amount of $25,752.00; and the bid for a Cushman GA80 to L L Johnson, in the amount of $23,105.00. STAFF SOURCE: Dave LN, Manager of Open Space. Plew noll: • ,au llaW • dlreblly and need....., aide or •n111, ,._.. nollfy the City of 11 ... •ood (782-240I) ............... advance of .................... '"-* ,OU. •. •· • 0 ]- • ,, -• 0 • l'tllle•oad City Council Agenda April 20, 11111 Paga3 11 . 12. iv. Recommendation from the Department of Administrative Services to approve, by motion, a lease/purchase agreement for the PBX expansion project tor the Allen Plant. Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process, Lucent Technologies, in the amount of $24,334.47. STAFF SOURCES: Chrla Dlabold, Manager of Information Services, and Stawart Fonda, Dlf9Ctor of UtlllllN. v . Recommendation from the Department of Administrative Services to approve, by motion, a lease/purchase agreement for the PBX expansion project for the Department of Safety Services' Community Resource Center. Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process, Lucent Technologies, in the amount of $25,299.72. STAFF SOURCES: Chris Dlabald, ....... of lnfannatlon ~icea, and Chris Olaon, Dlrec1Dr of Wy Ser.tceL Regular Agenda. _,;/ a . Approval of Ordinances on First Reading. (I/. b. Approval of Ordinances on Second Reading./ c . Resolutions ~d Motions. ft General Discussion. a. Mayor's Choice. b. Council Members' Choice. ....... _... ID -Midi cu fll-In 1w MDIIII ol S10,IOO.OOID fund Ille a.., a-.. PnlUd Qood ...,....o.,.. ~ 7-4 13. City Manager's Report. a . Englewood Center Update. b . Recommendation to go into Executive Session immediately following the regular City Council meeting to discusa a real estate matter. 14. City Attomey's Report. JZf Adjoumment. C/:~5"~ The following minutes were transmitted to City Council between 413198-4/16/98: • Englewood Downtown Development Authority meeting of February 12, 1997 • Englewood Housing Authority meeting of February 25, 1998 • Englewood Cultural Arts Commission meeting of Mardi 4, 1998 • Englewood Parks and Recreation Commission meeting of March 12, 1998 • Englewood Liquor Licensing Authority Telephone Poll of March 18, 1998 • Englewood Liquor Licensing Authority Telephone Poll of April 1, 1998 P ..... nola: If yau tave a itl11bllly and need--, aids or wvlcN, plaN nallly the Cly cl 11 ... wood (712-2405) at INst 41 hours In advance cl .... ---......... Tlwlk you. ' •· • 0 - 1. Call to order. 2 . Invocation . • • I~ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL20, 1998 7:30P.M. 3 . Pledge of Allegiance. 4. RollCall. 5 . Minutes. a. Minutes from the Regular City Council meeting of April 6, 1998. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Students and advisors from the Sheridan AVS Building Trades program will be present to discuss a project they are undertaking in Englewood. ,, - b . Polly Page , Arapahoe County Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the "Safe Summer· Youth Outreach" program . c. Representatives from Englewood's Department of Administrative Services will be present to discuss their award-winning "Career Development Plan" and "Living Weir programs. Administrative Services was recently honored with the 1998 Human Resources Best Practices Award by the Mountain States Employers Council. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appointments . a. A proclamation declaring the week of April 19-25, 1998 as Always Buckle Children in the Back Seat Week . 9 . Public Hearing . a. A public hearing to gather citizen input on a proposed bill for an ordinance amending landscaping standards . PINN nole: If you haw a cllNbllly and nNd _.., alda or wvloN, plaw nallr .. Cly crl ln ... woocl (712-2405) at INat 41 houra In advance crl wlwl ...,,._. ........... 1'** ,au. • . ' .. I· • 0 • 0 t• • ' Engl-ood City Council Agenda April 20, 1998 Page2 10 . Consent Agenda . a . Approval of Ordinances on First Reading. i. Council Bill 10 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Pipeline Crossing Agreement at Yale Avenue with Union Pacific Railroad. STAFF SOURCE: Stewart Fonda, Director of Utilities. ii. Council Bill 21 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. STAFF SOURCE: Stewart Fonda, Director of Utllltlea. iii. Council Bill 20 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #137. STAFF SOURCE: Stewart Fonda, Director of UtllltlN. b . Approval of Ordinances on Second Reading. i. Council Bill No. 7, approving an Intergovernmental Agreement with the Colorado Water Conservation Board authorizing an easement for a bicycle/pedestrian path. ii. Council Bill No. 19 -A Bill for an Ordinance approving an Intergovernmental Agreement with the City of Denver assigning and transferring a portion of Englewood's 1999 allocation of private activity bonds to finance residential housing facilities for low-and middle-income persons and families . c . Resolutions and Motions. i. Recommendation from the Municipal Court to adopt a resolution reappointing Associate Judge Tracey M. Dawson. STAFF SOURCE: T ...... Wolfe, Court Administrator. ii. Recommendation from the Department of Public Works to approve, by motion , a construction contract for Concrete Program 1998. Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc. in the amount of $108,363.50 . STAFF SOURCE: ChartN blarty, Director of Publlc Works. iii . Recommendation from the Parks and Recreation Department to approve, by motion, the purchase of golf course maintenance equipment , awarding the bids to the lowest technically acceptable bidders. Staff recommends awarding the bid for two Jacobsen Tri-King mowers to Mile High Turf Equipment, Inc., in the amount of $30,160.00; the bid for a Toro Reelmaster 5200-0 to L. L. Johnson Distributing, Inc., in the amount of $25,752 .00; and the bid for a Cushman GA60 to L L Johnson , in the amount of $23,105.00. STAFF SOURCE: Dave LN, Manager of Open Space. " - PINN note: If yau have a dlublllly and nNd __., alda or wwloaa, plaw nolfr 8w Clly of 11 .... aNd (712-2405) al INat 41 hows In advance of wllan aarvloaa .. naadad. ,,_. ,-. • ... •· • 0 I • • • • Englewood City Council Agenda April 20, 1998 Page3 iv. Recommendation from the Department of Administrative Services to approve, by motion, a lease/purchase agreement for the PBX expansion project for the Allen Plant. Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process, Lucent Technologies, in the amount of $24,334 .47. STAFF SOURCES: Chris Diebold, Manager of Information Servicfl, and Stewart Fonda, Director of Utilities. V. Recommendation from the Department of Administrative Services to approve, by motion, a lease/purchase agreement for the PBX expansion project for the Department of Safety Services' Community Resource Center. Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process, Lucent Technologies, in the amount of $25,299.72. STAFF SOURCES: Chrla Diebold, Manager of Information Services, and Chris Olson, Director of Safety Services. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. b . Approval of Ordinances on Second Reading. c . Resolutions and Motions. 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report . a . Englewood Center Update . b . Recommendation to go into Executive Session immediately following the regular City Council meeting to discuss a real estate matter. 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council between ~16198: • Englewood Downtown Development Authority meeting of February 12, 1997 • Englewood Housing Authority meeting of February 25, 1998 • Englewood Cultural Arts Commission meeting of March 4 , 1998 • Englewood Parks and Recreation Commission meeting of March 12, 1998 • Englewood Liquor Licensing Authority Telephone Poll of March 18, 1998 • Englewood Liquor Licensing Authority Telephone Poll of April 1, 1998 PleW nae.: If you haw a dl11ba, and need ...a.ry ..... or wvtoN, plaaN notify .. Cly al kjllaNd (712-2411) al.._. 41 haura In adVanoe ol wllell ~ .. naedad. T1IMk you. ' ' • .. •· • , ]- ., • 0 - 1:NGU:WOOD CITY COUNCll. ENGLEWOOD, ARAPABOI: COUNTY, COLORADO April,. 1"8 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :30 p .m. 2 . Javocatioa The UMJCation was given by Council Member Nabholz. 3 . l'ledae .t Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4. ..Call Present Absent : Council Members Nabholz, Clapp, Garrett, Bradshaw, Habenicht, Wagoner, Bums None A quorum was present S. Miaafa Also present: City Manager Scars City Attorney Brotzman City Clerk Ellis Engineering Manqer Kabm Division Chief Vanclermee, Safety Scrvic::es Community CoordinalOr for Long R-,e Planning Scia Neighborhood and~ Tecbnician Langon (a) COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THI: MINUTES OF THI: REGULAR MEl:11NG OF MARCH 16, 19'1. Motion carried. 6 . Ayes : Council Members Nabbolz, Gama. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (a) Keo McDaaid, iepracntin1 the Englewood Elks Lodge 2122, stated be became 1be Past Exalted Ruler laa Salunlay aip&. On behalf ol the Elks Lodge be honored Nonna Wier as the Englewood Elks Lodge Lady Cilil.en ol the Year for 1997. William Naylor u the Eaglewood Elks Lodge Gentleman Ciliz.m olthe Year for 1997, Fudipaer Ron McLain a lbe En&lewood Elks Lodge Fireftpaer olthe Year for 1997 and Oft"ICCI' Michael O'Connor• the Englewood Elks Lodge Polic:e Officer olthe Year for 1997 . He prcseDICd a cliainguisbcd citu.enship awn plaque to each honoree . Mr. McDaniel DOied it ii really nice to know these people are IIOUlld when you need them . ----·· • •· • 0 f "' .. I • • t• - Englewood C ity Council Apri16, 1998 Pqe2 Mr. McDallicl pracnted the Elks Dislinguisbed Humanilarian Award to Crime Prevention Officer Nancy ~ for the help she gave him. He Slated Ms . Peterson has done a lol or good stuff. Mr. McDaniel thamcd Council for the opponunity 10 present these awards. He opined they are really de9clving or the rea,gnition. • •••• COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO MOVE AGENDA ITEMS I (II), (e), (ti), (e) Md (I) FORWARD. Ayes: Council Members Nabholz, Garrctt. Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. !Clerk's note : As the proclamations were being signed, Council considered Agenda Items 8 (g), (h) and (i).t 8 (g) A proclamation declaring April 17 , 1998 as Arbor Day was considered. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 17, 1991 AS ARBOR DAY. Ayes: Council Members Nabholz, Garrctt. Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Burns presenled the proclamation to Manager of Open Space Dave Lee . (h) A proclamation declaring the week of April 12 through 18, 1998 as Englewood Telecommunic:ators Week was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING 111E WEEK OF APRIL 12111ROUGH 11, 1991 AS ENGLEWOOD TELECOMMUNICATORS WEEK. Ayes : Council Members Nabholz, Garrett. Bradshaw. Habcnichl. Waggoner, Clapp, Bums Nays: None Motion carried. Mayor Burns presented the proclamation to Division Chief Tom Vandennce. (i) A proclamation declaring the week of April 19 through 25 . 1998 as National Lilnry Week was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDllD, TO APPROVE A PROCLAMATION DECLARING 111E WEEK OF APlllL 1' 111ROIJGB 2S. 1'91 AS NATIONAL LIBRARY WEEK. Ayes: Nays : Motion carried . Council Members Nabholz. Olma. Bradlllaw. Habenichl. Waggoner, Clapp. Bums None Mayor Burns presented the proclamation to Library Director Hank Long. . ' • . .. •· • 0 , • En&tewood City Council April 6, 1998 PaceJ '· • 0 • 8 (b) considered. A proclamation honoring Christina Blomberg on the occasion of her 100,.. binhday was The City Clerk read the proclamation in full . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMA TJON HONORING CHRISTINA BLOMBERG ON THE OCCASION OF BER 100m BIRTHDAY. Ayes : Council Members Nabholz. GamU. Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Victim/WitncsS Services Coordinator Susan McDonnell acccplCd the proclamation on behalf of Ms. Blomberg. (c) A proclamation recognizing Officer Michael O'COIUIOI' as the Englewood Elks Lodge Police Officer of' the Y car for 1997 was considered . The City Clerk read the proclamation in full . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMA TJON RECOGNIZING OfflCER MICHAEL O'CONNOR AS THE ENGLEWOOD ELKS LODGE POLICE OFFICER OF THE YEAR FOR 1997. Ayes : Council Members Nabholz, GamU. Bradshaw. Habenicht. Waggoner, Clapp. Bums Nays : None Motion canicd. Mayor Bums presented the proclamation to Officer Michael O'Connor. (d) A proclamatioa recognizing Firefighter Ron McLain as the Englewood Elks Lodge Firefighter of'the YtM for 1997 was considcrm. The City Clerk read the proclamation in full. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING FIREFIGHTER RON MCLAIN AS TRI ENGLEWOOD ELKS LODGE nu:nGBTER OF mE YEAR FOR 1"7. Ayes: Council Members Nabholz, Gamlt. Bradshaw , Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Bums presented the proclamation to Firefighter Ron McLain. (e) A proclamation recognizing Nonna Wier IS the Englewood Elks Loqc Lady Citizen of the YtM for 1997 was considered. The City Clerk read the proclamation in full . •· • C , • • • Englewood City CIMlncil April 6, 1998 Page4 • 0 • COUNCD, MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING NORMA WIER AS THE ENGLEWOOD ELKS LODGE LADY CITIZEN OF mE YEAR FOR 1997. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp, Bwns Nays : None Motion carried. Mayor Bums presented the proclamation to Norma Wier. (f) A proclamation recognizing William Naylor as the Englewood Elks Lodge Gentleman Citizen of the Year for 1997 was considered. The City Clerk read the proclamation in full . COUNCD, MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING WILLIAM NAYLOR AS mt: ENGLEWOOD ELKS LODGE GENTLEMAN CITIZEN OF TIIE YEAR FOR 1997. Ayes : Council Members Nabholz. Garrett. Bradshaw. HabenichL Waggoner. Clapp, Bwns Nays : None Motion carried . Mayor Bums presented the proclamation to William Naylor . 7. Noa-11:lleduled Viliton (a) Sunny Howland, 2841 South Grant SIRCl , staled she is a fifteen year Colorado rcsideRL having owned homes in Denver. Highlands Ranch and. for the 1M lhn:e years. in Englewood. She said she is very proud to be a resident of Englewood and she loves her neighborhood . However. she advised. they have a real concern in her neighborhood and they would like 10 ask for Council· s help and bring it to Council's ancntion . It is in the form of derelict vehicles that they can"t seem to get any resolution on . Ms. Howland commented that she knows that Council Member Nabholz bas brought this to Council's attention . She asked for Council's help . She requested that the letter from Sandi 0stcma. daled April I. 1998. be pn:scllled this evening, which Council acknowledged they had receiwd. She ad\iscd that Ms . Ostcma couJdn 't ancnd this evening, but they arc next door neighbors . Ms . Howland Staled then: is a home across the street from them that has been an eyesore and a problem . Actually, she said. it bothers her as a homeowner bo.:ause she believes that the people living then: may DOI be safe to be around. The neighbors ha,·e called regularly . And the last time she called. and spoke wilh Code EnforcemenL she was told they wen: very well awan: of the home . Ms . Howland noted she asked them what they wen: going to do , what they could do about this, and his words to her wen: ... ~well. we come out. he starts the car, moves it around the block. parts it somewhere else ... then: is nothing we can do." Ms. Howland ad\iscd that she asked. as neighbors thaa arc concerned about their neighborhood. whal arc they suppose to do . He then asked her if she had a neighborhood watch . She said tlicy do and she happens to be oo-captain. He then suggested that she get the neighborhood together and go and talk to this gentleman. Ms. Howland explained that when she is out working in her yard she can hear this man. his foul language and altitude. She Staled she personally docs not feel safe to go and talk to him . She poinlcd out that he carries a gun and always has his gun on him when he is out in his from yard working on his cars. So. Ms. Howland said. they arc really asking the Council to follow-up and find out whal can be done about this issue. (b) Marie Copher. 2839 South Grant SIRCl. said that she is very proud to swe to Council thal all of her contacts with Englewood Police . Englewood Fire. Neighborhood Watch and Council members . have always been favorable and positive. She opined they need to help Council help them. • I· • 0 f - • • En~ood City Council April 6, 1998 Page! • 0 /~ • which is why they see the representation from their 2800 block on South Grant. Ms . Copher commented that Ms . Howland addressed the issucs she was going to address. She added that she would like to say in advance, that anything she says is not a criticism. If there is anyway she can help resolve these issues. she will volunteer her services also. So. she reiterated, these are not criticisms. Ms. Copher advised that she spoke to the coordinator of Code Enforcement and she feels they have adeqllllle people to address the issues in Englewood. One of her concerns might be. she said, that Code Enforcement doesn't have enough power. She questioned if they have adequate power to enforce these things or if they get adequate cooperation. Arc there enough rules to give them the power to solve these issues? Ms. Copher commented that she finds when she calls she gets a recorder . She said she knows sometimes that is ncccssary, but she felt it was easy enough solved by al least• call back. When she deals with someone. she DOied, she would like to know who is assigned to that problem or who is following up with that problem. She asked Council if Code Enforcement bas a one-two-three procedure . Where the repon is taken and on day two or three there is a follow-up. on day four or five there is another follow-up. She asked if they have this in force now and. if not, could it be put in place . Ms. Copher Slated she would like a repon back if there is a resolution and if there is not a resolution ... why there can't be, so she could help, perhaps. do that . At 2844 South Grant it is indeed an issue and. she added, for Neighborhood Watch it is safety issue ... there is a gentleman that carries a gun. She advised she will do her pan in finding out why he is still allowed to have a weapon and have it on his person. He has foul language and, she opined, he is out of control. Ms. Copher stated she also questions his mental capacity to have a small daughter in the house. 1be exterior of his home is indescribable, but she did bring pictures. She said she thinks it is a fire code issue also, from , ision inside the house. In the past he has also bad a problem with cruelty to animals. Problem two. she said, is 2836 South Sherman, which is the rear of her residence. She advised there are as many seven to nine derelict vehicles, license plates are, on a regular basis, changed from one vehicle to another. 1be vehicles often block the allcy. He has an incredible amount of building materials. if indeed he is in a remodeling process. which he does have a permit. she said she thinks there is a little bener way to go about storing his stuff. Ms. Copher advised she has nolified the Englewood Police concerning the blockage of the alleyway with some of these vehicles. She staled she -lillaling to the response on the police scanner and they were unable to locate the problem. She -ia«ained they bad to be in the "'rong alley or there -• serious percepcion problem. She COIIIIIICIIICld she doesn't undenUnd thal at all . Unfortum1ely, she aid, sbc didn 't lllkc the time. dale or the officer's number ... so that will be an issue next time. if indeed ii happens again. Ms . Copher stated her other issue is 4097 South Bannock. the living condition of a lady and two small boys, living in a one bedroom home that sbc also considers a fire hazard. She said she does not believe the children anend school and she bu addressed this with Englewood Schools and got no response . Indeed. she noted. they have a packral problem that goes on day and night . Ms . Copher noted that this particular hundred block seems to have derelict vehicles al all times . She said, if she is awrect, an invalid license. invalid emission. invalid inswance. is the description of derelict vehicles. then there is reason for towing on that block. She commented that she thinks these have been reported ICVClal times. She said she would like to come back to Council some night and hear what has been done on these issues or speak .,.;lh Code Enforcemenl Ms. Copher said she would like to end by saying that her primary issue. at 21144 South Grant. is the gun carrying gentleman and the condition of the home. The schooling ol the children at 4097 South Bannock and an answer as to whether there is a one-two-three code enforcement situation where they do follow-up. one-two-three. And if indeed there could be somebody to speak to for an assignment of duties in Code Enforcement. if they have that ability . Council Member Bradshaw pointed out that Joyce Parsons is in the audience and she asked Ms. Copher if she UIO"-S who she is. Ms. Copher said she does. She COIIIIIICIUd that a lot ol these are quesuons and she kind of got the can before the hone. She explained that what she is Ffling al is. if indeed they need help, that she thinks we need to help them . Council Member Bradshaw agreed. ,,, ~ • . •· • 0 ' • Englewood City Council April 6, 1998 Page6 • 0 • I • ... Mayor Bums DOied that we have a Code Enforcement Advisory Committee also. that is trying to m~ew all of these processes at this time. Ms. Copher stated that if staffing is a problem, let them have more help. If they don't get the backing of the people they repon to or they are not allowed, for some reason. to follow-up or they can't follow up, then there is a reason why and let's get them help or understand better why they don't have a one-two-three policy to follow-up. Council Member Nabholz staled she also l'CClCived the letter from Sandi Ostema, dated April I . 1998. and she will give it to the City Clert to put into the record. But this. she noted, has been an on-going problem for several years and she herself has c:omplainc:d about this. She said that she is also willing to work with Code Enforcement in whalcver capacity. But, she stated. she thinks we need to get to the bonom of this. and get some answers and get some l'CIOlulions ... not just putting some air in a tire and driving it around the bloc:k so it can sit in the same spot for another 72 hours. Ms. Nabholz promised Ms. Copher they would all work together and get this taken care of. Ms. Copher said she would like to give her a vote of confidence because she has stood for us as they all do. as they are all in this room because we are all concerned. But. she commented. they say a picture is worth a thousand words and Council was very welcome to the pictures she has. Mayor Bums advised thal she could make them pan of the record if she would like . Ms. Copher said yes and noted they are not labeled. but she could do that and leave them with Council. Ms. Copher stated we do have a good city, but she suggested we all work together, not fight amongst each other. (c) Lela Fryman, 1429 West Lake Court. stated that she lives in Littleton. but she has two elderly aunts that live at Orchard Place and she has a couple of conc:cms for them. because she is a caregiver for them. One of things that troubles her is that they removed the chairs from the lobby and put in these very hard benches with no backs. She pointed out 1h11 her 1111111 are 12 and IS years old and they can't sit in those chairs to wait to be picked up and taken to an appoilllmall b is jusl too agonizing for them. Ms. Fryman staled they did have chairs thal they all WClll togelbcr and bought for that purpose. but they said they don't want them sining out there. So they took these Ilia: paddal chairs out and put these benches in. She said she wonden:d if that could be resolved in some way. Ms. Fryman stated the other concern is the new parking proc,cdun: over there. If you are not a resident you have to go into the building, get I pa,king permit. bring it back out and put it on your car and then when you come back. you have to get the permit out of your car and take it back . It is a four-trip thing and. she said. it SCClll5 like there sboulcl be a bct1Cr way to do thal She said she docsn 't know if that would be a visitor's parlting lot for eight visitoR \'Chicles. there always seems to be plenty of parking. not counting the Malley section. Ms. Fryman COIIUIICIIICld that she thought the visitor's thing would work. with the residents realizing they can't part there . Or, she said. she also wondered. for people who are there like she is. two or thn::e times a -.-eek. if they could be given permits lo pu1 up on their dashboard whenever they are there so that its not this in and out. in and out. business. And because she docsn 't want a ticket every time she goes there . Ms. Fryman advised that today she went there and there was no one in the office to give her a parking permit. She said she had to park there and she was in there about III hour and fifteen minutes uying to help her llWll with her Medicare health insurance thing. When she came out there was still nobody in the office. So, she saressc:d. if they are stiU going to have this parting thing, then they have 10 have somebody on duty at all times . (d) Millie Butler said she resides at Orchard Place and Ms. Fryman is her niece. She stated they have quite a problem with those benches, they are 100 unc:omfonablc and they would sure like 10 have someone resolve this situarion. She noted it is hard for them to sit there. thal they would like to have I few • •. •· • . , , ; 1 . ti ' 1-- • En&lewood City Council April 6, 1998 Page7 • 0 I • • minutes, once in awhile, to go down and visit with their friends. Bui they would rather they would stay in their apartments or go in another room. However, she noced. it is not always convenient, as there arc still people playing cards and things like that and the room is quite full. She said she thinks that is pretty nice, but they can't all do those things, it's just a small place. So. Ms . Buder said, she would sure appreciate it if Council could do something about this, put chairs in there and kind of help them a bit more. She reiterated she would appreciate that very much. (e) Annette Carter Slated she is a resident at Orchard Place apartments, an Englewood Housing Alllhority building, and she has lived there for a little over a year. She advised that two and a quarter years ago she had eight losses, one of them being her vision and she was considered homeless for awhile. Ms. Carter emphasiz.ed that she was extremely thankful and grateful when the Englewood Housing Authority came through for her because she had no where to go. So. she reiterated. she is very thankful . Ms . Carter opined that the Englewood Housing Authority is a great organizalion and they have done a loL but there arc some problems. The one problem that the other two were talking about with the benches, they tried 10 make a small improvement One of the concerns was that they were too low. Ms . Carter described the benches as hardwood, with slats with spaces between them, they arc deep and most of the wall that the south bench is on is against part of a wall that is out and then the wall is inset. So. it is too far back and they can 't sit up. She pointed out that a lot of people have back problems. leg problems and for most of the bench the wall isn '1 even there at the back. One of the concerns was that they were too low, so they made an attempt and they raised them somehow, pul something on the bottom of them and raised them. Now their feet dangle as a good ponion of the residents arc fairly shon. She noted she is taller than some of them even though she is just five two. Now that they arc higher her feet can't touch the ground and it cuts into above her knee . Ms. Carter opined that it is just not a comfonable chair for any person of any physical shape. She said she sees their point where they don't want to see people ~gossiping". having a social hour. spending a lot of time in the lobby. She noted they said that that lobby is for when they arc waiting for rides to doctor's appointments and waiting to be picked up. If they were in what they now call the library, with the comfonablc furniture. they can't sec when their ride comes and their ride can ·1 park the car there and come and gel them without one of those parking passes. So they need 10 be there. Ms. Caner commented that they went to church Sunday and some were there for almost an hour. as people forgot about the time change. II was uncomfonable and everyone was in agon)'. So they would like help in gelling through to Englewood Housing. They made that altcmpt with raising them. but it is still not right It is excruciating for the people waiting there, so they would like help llith that Ms . Carter said her other thing was the pa,ting. that Ms . Fryman was talking about. A lot of times that office window is down and Ms . Fryman is really afraid of getting a ticket. She reiterated the office window is down and there isn't anyone in there where she can gel her parking pass . Ms . Carter pointed out that Ms. Fryman has two aunts that she cares for, so it is really a concern. She docsn 'I want 10 gel a ticket while caring for her aunts. Ms . Carter Slaled the third thing she has is about the crossing intersection of Broadway and Girard. She noted thal. as she said. she has been here a lilUc more than a year in this neighborhood and she is a very good traveler. She said lhal C\'en though her sigh( is gone she is a very good traveler. Before her time. she said. for some reason somebody had the idea of doing the audible chirp when ii is a pedestrian crossing. She noted there arc a huge amount of residents that arc hearing impaired. Ms . Carter said that she can hear the chirp and she counled about two and a half seconds long. It is a llidc intersection and when it is the pedestrian aoss. she said. there is turning traffic from two directions coming from the King Soopcrs going cast and then nonh. that would love to run you o,·cr. And going west and then nonh. they would just love to run you over. Also, she ad\'iscd. people pull up to stop al a light and they stop on the white pedestrian crossing lines. which is impossible and that is everywhere. Ms. Caner noted ii would be nice if a sign were put up for this second issue. about them parking on the while lines. There arc signs, she said, like they have in some places, that say "do not park beyond this line" or "this crosswalk." She Slated she has been told. regarding the two and a half-second pedestrian crossing. that as long as ii chirps that there is this light that has this person, the symbol. for pedestrians 10 cross. She maintained ii is only about two and a half • •· • 0 , • • • Englewood City Council April 6, 1998 Page8 • 0 , . • seconds, that that is what it sounds like to her ear. Ms. Carter pointed out tha1 she is able bodied, it is just her eyes tha1 arc gone: and she is a very fast walker. But, she said, for an able bodied person, able sighted person, ii is impossible: to sprint across that intc:rscction in that two and a half seconds and you also have that turning traffic. Whoever had the idea to have: that audible chirp. she said. ,ii,"hich was maybe a good idea. but it wasn't enough. It is very dangerous. Thc:rc arc a lot of senior and handicapped citizc:ns in that neighborhood . She reiterated that she is a fast walker. but it is not enough lime. that it is extremely unsafe. as well as the road itself has a lot of gullies . She: pointed out that Council saw her friend Millie Butler come: up here: with her walker and there: is no way. She said Ms. Butler now has a sturdier walker and she can travc:l on more: challenging terrain a little easier than she could before, but thcff is no way someone: like her or anyone: can get through that intc:rscction with that two and a half second pedc:sU"ian cross. Ms. Carter acknowledged that Broadway is a busy strc:c:t, but she: felt they should be fair to the pedc:strians as well . (f) Mary Siena, 3425 South Sherman Strc:c:1, advised that she has lived in Englewood since: 1964, worked at Swedish Hospital for 17 years, she is a member of the: Fraaemal Order of Eagles and has been a member there: for about 30 years. She said she was the President thrc:c: years. Ms. Sierra emphasiz.cd that she has nc:vc:r had the problem of watching people suffer the way the senior citizens at Orchard Place: arc being treated. She said it is old age. that they can't sit on those: benches. Their backs hun., their legs hun and why. she asked, do they want to kick them out of the lobb~·. Every place has a lobby . She maintained it is because the secrc:wic:s can 'I concentrate on their work . She asked how many of Council could sit on those benches for an hour or a half an hour. She said not very many and that she can't and the senior citizens can't She stated she: has never had any problem before:. she has always helped people . Ms. Sierra advised that she helped abused children. she had a charity for abused children, for the Fraaemal Order of Eagles and she helped people when they needed help. Now, she said, she is at a loss. She has Jost the eyesight of her right eye and she has~;. on the left. She noted tha1 by the time she goes to the: doctor next month he will probably say 80"/o, she doesn't know, but she can't see very well . Ms. Sierra Slated that her family is not coming around because of the obligations of Orchard Place. She said they used to come all the time, thrc:c: children ... two girts and one boy ... and they used to come: all the time:. alternalC . One girt and two granddaughlen arc coming over. she said. and that is all. The others can ·1 park, can't leave their car and go in and thal 's what they arc up againsl II Orchard Place. Ms. Sierra stated it is a disgrace and, she added. she has lived in Engl~-ood since: 1964. (g) Beverly Cummins. 3188 South Lincoln Strcc:t, said she is talking for herself, Vesta Frank and all thc:se other ladies. She noted she has been here: before . Ms. Cummins swed they have a problem over there: and they need Council's help. She said she worts for Arapahoe County Homemakers and they are trying to keep thc:se people in their ho1nc:s and happy and they are getting defeated by all this other ga,t,age. She said she goes i .. o Amity. Bradley House. Alison Coun. Simon Center and Orchard Place:. All but Orchard Place have: lobbies. have nice: chairs. couches ... things like that for their people . They are not expc:cted to sit on a damed old slab . They are appm:ialed. Ms . Cwnmins said that she docs not think they arc appreciated over al Orchard Place, all they want to do is get rid of them. But, she said. as far as the other things. the: other ladies have: pretty much said everything that she was going to say . Except, she asked Council how would they like for somebody to come in after you finally got some chairs in the lobby and go into your homes and take away your easy chair or your couch and take it out of your house. This is their homes, not housing's . She pointed out that they don't live there, thc:se folks do and they had their chairs pulled out from under them and they put this slab in there for them to sit on and it is not right Ms. Cununins staled they need Council's help . that they have helped before: and the)• need Council's help again. Another thing is the parking. she said, and it is absolutely asinine:. Ms. Cummins advised that she has two hours to go to her people. if that, and she will not go in four times for the permit when they used to get one: for the whole year. All they had to do was stick it in tlicir back window and park ,ii,·hc:rcver there: was parking available. She opined thal this is just stupid to think that people arc going to do this. She said they also thought they could Ila)' in their root111 and have somebody buzz. Ms . Cummins ISkcd how many bus driven. taxi drivers. different people like that, arc going to take time to run in and buzz ror these people to come from the sixth or seventh lloor. until they can get down for them . She maintained 1h11 is ridiculous • ...... •. •· • 0 f - • • ·, Englewood City Council April 6, 1998 Page9 • 0 I• • - and everybody knows that they don't have that much time and neither do they as homcmakcn have that much time to goof around with some foolish thing like this. She said she didn't even know anything about it, so she is glad to know about il But she is stiU not going to do it, because she docs not have time to mess around like tbal. She stated she is there to take care of those people, not play around with the housing committee, with their permits and aU that garbage. She said that is not what they arc here for and their lives are too sbon to be messed around with like this. They need the respect and compassion from everybody. Ms. Cummins opined that if the folks al housing can't give them the compassion. then they are in the wrongjob. (h) Joyce Parsons, Code Enforcement Field Supervisor, said she wanted to address the issue of the Grant Street address for a few minutes. Yes, she advised, they are aware of that problem house and I.any Medina has been dealing with them for awhile. The cars that are pauted on the street are legal, licensed and operable, she said. She acknowledged Ibey look derelict and the one in his driveway looks derelict, but they are liccnrcd and they are operable. Therefore, she staled, when he parks on the street. and he docs have five cars, that we do not have an ordinance that tdls people how many cars they can have or can't have. Ms. Parsons noted he did have one of them that has had Oat tires and he has been ticketed for that. Regarding the appcarancc oC the house, she acknowledged it is partially painted and it is brilliant, but we don't have design guidelines and we can't tell people what color they can paint their house. there is little we can do about that. She noted he docs have a problem with his yard and keeping up the appearance of the yud and using the front yud for saoragc . He has been given notices on that. she advised. and he dido 't comply in the period oC time. we posted the house for clean-up and he has five days to do that. otherwise he will get a swnmons to court for the WISightly house. As far as it being a fire !ward. she said, we can't determine that. because we can 't go inside and make a housing inspection unless we a.re invited in. She commented that she docsn 't think tbcsc people will invite us in. Regarding the matter of him canying a gun. she acknowledged he does, that he is supposedly a security officer and we understand that he shouldn't be canying a gun. pointing it al anybody or thrcalcning anyone when he is not on duty. But again, she said. thal is a police mailer and we have informed the neighbors to call the police department when thal is happening, because it is not really a code cnforcc..-i issue. Ms. p._ advilcd tlul the house on Sherman Street has four derelict vehicles. they have eight all togedler and they have been gi\'Cll a summoas to court for their derelict vehicles. We can't al this time tow vehicles off or private propeny without the owner's permission. she said. Those that a.re on the st.rcet. that are derelict, arc ticketed, she advised, and can be towed if they are not moved within the 72 hours. So, she said. they have worked on that. She pointed out. regarding the housing inspections. health and sanitation, that we cannot do that and normally the building department does that first. unless we a.re invited in. Ms. Panons advilcd that they do work with Building to do tllOIC inspections when they are asked. She said she was glad to get the pictures, but that they do have those pictun:s and she was sure they will be in better touch with the neighbors. She agrem thal it doesn't appear they arc being .resolved. but there are problems that arc SWc laws tlul we cannot resolve. We have not been able to tcU people how many cars they can have. she advilcd. and, if it is a public 5lrcCl. we can't tcU them they can't pa,k on it. We do tell them. she said. thal -can consider it abudoDcd if it isn' 1 driven or used every 72 hours. She said she would be willing to -any other qualions Council might have . Mayor Bums noted that the Code Enforcement Task Force should address some of these i55UCS and come back to Council with some more information. He commenled thal it just scems like your hands a.re kind of tied. that there is a situalion there that has been going on for a long time and his question is why can't we do something about this. And. Council Member Bradshaw asked. wh)' docs it have to get to the point that it is so horrible before something is done. She noted that is a flUlllation she also ICICI. as a resident or the City. •· • 0 , • Englewood City Council April6, 1998 Page JO • 0 • ... Ms . Parsons said that this house is also a renlal propeny and they arc in the process of getting in touch with the propcny owner. The tenant is telling us that he is buying it. but the County rccords don't show that. If he goes to a,urt, she advised. the propcny owner will be taken into oowt with him and he will be cited too. Council Member Bradshaw asked if Ms. Parsons thinks lhcrc is an inherent danger lo the citizens in that block with this gcntlcman ... or if that is an Wlfair question lhal she shouldn't have asked her right now and that is okay. Ms. Parsons said she doesn't think lhcrc is a real danger to the citizens. because none of them will talk to him and it is just as well because he is very angry. She a>mmcnted that she doesn't know ifhe is mentally incompetent. but she knows that he holds down a job everyday. Ms . Parsons said she knows there arc two brothers and their family that live in the house and they have lived lhcrc for years. They haven '1 been unreasonable with her or code enforcement She Slated she has been out there herself, but she would imagine he could be and he should not be carrying the gun around in his civilian clothes, unless he is going to and from work. Then, Council Member Bradshaw said, that is the matter that the residents should call the police ... when they sec that . Ms. Parsons said that is right Ms. Parsons Slated that she heard about the animal cruelty after the fact, that we don ' 1 have anything in our records that we were called when there was an animal cruelty problem and we would have handled it at lhal point Council Member Bradshaw asked if this propeny is one of the wom in Englewood. Ms. Parsons said no. Ms. Bradshaw thanked her for her efforts. . .... Council Member Bradshaw Slated that she is a,nccrncd about the amount of a,mplaints from the Housing Authority propcny that the Council is hearing. She said she really thinks lhal needs 10 be addressed . Ms . Bradshaw asked if these residents have talked 10 the a,uncil al their building o, the Housing Alllhority staff. She a>mmcnled she really thinks that is a critical matter that needs 10 be addressed. Mayor Burns agreed. He said that he can't rcally speak 10 this very much. because he is on the Housing Authority Board and he has been advised by the City Anomey that he is conflicted. and anyone on Council would be, al this point. He asked if there was an,·onc from the Housing Alllbority prcsciu. As Jo Hamit. Assisted Housing Manager. was present. Mayor Burns asked that she come forward and address this. (i) Jo Hamil AssiSlcd Housing Manager for the Housing Alllbority. said she was here to jUSI make some points.. to give Council some information. Bccausc. to her lmowlodgc. thcsc issues have IIOI been raised with the Board of Commissioners of the Housing Audlority, sbc aid. The acbOII al die benches in the lobby was taken as the result of an 0\-cn.'hclmiag reqiat. 6-die .......,. of lhc laidcals in the building who wanted to reduce the social activity in the lobby area. BecaK ~ fdl dilft - people that sat down there a IOI of lime: and gossiped.. Ms. Hamil 1111111d dllis aade dil:a fed ee S: ~ and made their gucsu feel WICOlllfonablc coming in and out o( lhc Nldill& SIie _.,... dial 11,c do have a nice library. just off the lobby . They Just f'CICClved -......_ • .. resident 's council selected. She opined it is a very nice room for die raadcas ad *' in there where they can look outside lo the main cntnncc -al Ille ....... IO • for people that might be picking them up . In addition to that. she aid. for.._ dill *-t layout of the On:hard Place building. there arc lounges on cac:11 al die flaon. ~ ,...ic cmi their friends and relatives. Also, there is a commwlity room jUII to die IIJIIIII al die ~. available for people 10 visit. This issue was brought before Ille raidea 's ~ • a-... • and there was a IOI of discussion on this. she said. The motioa dial --* ad paaed. •• dlll 11,c benches Slay in the lobby area, but lhcrc was no problem with pc,oplc pdiaa Olll a dlw imo Ille ~ IO wail for a ride so lhal they could be comfortable. Ms . Hamil advilDCI 11111 -lhc .._ thal -...... and Slaff' has no problem with lhal . She said they arc really just uying to Rlduce the actJ,11y 1111h11 an:a.. that they have had problems with paramedics trying 10 get in and out ol the buildang. And they fell there ,,, - ... I· • C - E•ckwood City COlllldl April ,. 1991 ,-.12 ·, • • - Council Member Waggoner asked if lbose benches arc made such that a back could be put on diem fairly easily. Ms. Hamil nocal !hey are preay long. fionl IO back. lbal !hey are preay clccp . They mipt be able IO do Iha!, bul, she poinled OUI. lbere is a dowel lbal goes lluough ii and she -not sure if Ibey would be able IO n:tain lbcm in !heir present Slale if Ibey did lbal. Council Member Habenidll asked if Ibey have ever '-9 proviclal wilh ergonomics Sllldics oL approprialc furnishings for, cspccially, lhe eldcrty, a so many oflhe rcsidms an: eldcrty . Ms. Hamit responded, IO her knowledge. lbal has not been done. They uy IO give lhe resident's council as much leeway as Ibey can in deciding what kinds oL fumilhinp Ibey want IO have in lhal building. she nocal. She said she was not sure, bul lhal she did not believe any ergonomics SIUdics have i-n done. As lherc were no olher questions from Council. Mayor Bums !banked Ms. Hamil for coming. 8. Coamuaicatioll1, Procl-atiolll ud Appoiaa-ts (a) A letter from Sandi Ostcma indicating her resignation from lhc Englewood Public Library Board was considcrcd . COUNCU. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH UCRIET THE RIESIGNATION OF SANDI OSTEMA FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Ayes : Council Members Nabholz, Gamtt, Bradshaw, Habenichl, Waggoner. Clapp. Bums Nays : None Motion carried. (b) This Agenda 11cm was moved forward. Sec page 3. (C) This Agenda IICIII was movcd forward. Sec page 3. (d) This Agenda IICIII was movcd forward. Sec page 3. (c) This Agenda llem was movcd forward. Sec pages 3 111d 4. (f) This Agenda llem was moved forward. Sec page 4. (g) This proclamalion was considered previously. Sec page 2. (h) This proclamalion was considered previously . Sec page 2. (i) This proclamalion was considered previously. Sec page 2. 9. ,_blk Bearill& No public hearing was scheduled before Council . to. c .... 1Apda (a) Approval of Ordinances on Fina Reading COUNCIL MEMBER WACCONIER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I) ON nRST READING. .... • . \, •· • 0 I I ] • • 0 t• -' Englewood City Cooncil April6, 1998 Page 13 (i) COUNCil. BILL NO. 7, INfRODUCED BY COUNCil. MEMBER WAGGONER A Bll.L FOR AN ORDINANCE AUTiiORIZING AN INTERGOVERNMENTAL AGREEMEITT BETWEEN TIIE COLORADO WATER CONSERVATION BOARD OF TIIE STATE OF COLORADO AND TIIE CITY OF ENGLEWOOD , COLORADO AUTHORIZING AN EASEMEl'IT FOR TIIE CONSTRUCTION OF A CONCRETE BICYCLFJPEDESTRIAN PATH ALONG TIIE SOUTH PLATTE RIVER CHANNELIZATION PROJECT. Vote reaitl: Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bwns Nays: None (b) Approval of Ordinances on Second Reading MAYOR BURNS REMOVED AGENDA ITEM 10 (b) (ii) FROM fflE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (i) ON SECOND READING. (i) ORDINANCE NO . 21, SERIES OF 1997/1998 (COUNCil. Bll.L NO. 82. INfRODUCED BY COUNCil. MEMBER WAGGONER) AN ORDINANCE APPROVING AN AMENDMEl'IT OF TIIE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOUTH SUBURBAN PARK AND RECREATION DISTRICT) AND INTERGOVERNMENTAL AGREEMEl'IT FOR TIIE INCLUSION OF 2 IN-LINE HOCKEY RINKS, I SKA TE PARK. 4 INFORMATION KIOSKS . 4 SHELTERS wrrnmrr RESTROOMS AND 107 ADDmONAL PARKING SPACES . Vote raultl: Motion carried . Ayes : Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bwns Nays : None (ii) Mayor Bums noted tliat Agenda Item 10 (b) (ii) is the West Union Avenue truck route designation and he is in favor of the council bill . But.. he said, he would like to clarify what it means to have a truck route eliminaaed and wliat that means as far as future traffic is concerned. He asked if there was anyone present from Public Works. Cily Manager Scars advised that Engineering Manager Rick Kahm and Division Chief Tom Vandcrmcc were prcsenl He commented thal Tom Vandcrmec might want to talk about enforcement actions . Mayor Bwns asked Engineering Manager Kalun to talk a little bit about what it means to designate a truck route and then remove it. He questioned what that actually means as far as future traffic and future truck traffic is concerned. Mr. Kahm explained tliat under existing ordinances the Traffic Engineer actually has the authorily to designate truck routes . That is where the authority lies . In this particular instance, he said. there was a n,quest by Council to remove a truck route dcsigllllion on Union Avenue, between Federal and Clay StJUt . From a technical. professional standpoint, the Traffic Engineer did not agree with that., he advised, and thal is why we are passing an ordinance to thal affect. The ordinance that is before Council this evening, for second reading. simply removes that truck route designation from that ponion of the roadway . As written. the ordinance still leaves the Traffic Engineer with the discretion of determining -• ,,. - • . I· • 0 J-- • Englewood City Council April 6, 1998 Page 14 • 0 I • • what kind of truck restriction will be placed on that roadway. And. be pointed out, there arc a lot of choices. That section could be restricted and signed as "no trucks." lbat restriction would prohibit any truck from passing through that section of roadway, including pick-up trucks. There arc other designations, be said. We could put a designation of"no trucks over 7,000 poWlds empty weight" Mr. Kahm noted that is one we kind of favor, in that it would allow pick-up trucks. but would take all larger vehicles off that section of roadway . In response to Council Member Bradshaw, Mr. Kalun confinned thal the 7,000 pounds was empty weight. Ms . Bradshaw asked bow big that truck would be . Mr. Kahm advised we have talked to a number of nwnifacturas and mid-siz.cd pick-up trucks will weigh in the upper 3,000 pound range . Full size pick-ups will run anywhere from 4,000 poWlds for a half ton pick-up to in the 5,000 pound range for a'!. ton. to in excess of 6 ,000 pounds for a one ton pick-up. And that, Council Member Bradshaw said. is empty weight. Mr. Kalun said yes. thal is empty weight. So, be commented. when they sec a large pick-up truck. typically ones that have dual tires on them. those arc large one ton and those would typically have a tare weight up in the 6,30016,400 pound range . Mr. Kahm staled that 7,000 poWlds is a cut~ffthat restricts pick-ups versus larger vehicles . Council Member Bradshaw asked if tbal is easier to enforce . Mr. Kahm advised that they think so . He said he met with the City Manager Scars and Safety Services Director Olson last week . Enforcement is an issue, in tbal wc don't have scalcs . He pointed out thal if wc stan talking wcigN. and can't easily distinguish wbal tbal means in icrnw of types of vehicles. enforcement could be a real problem . But from an enforcement Slandpoint it would be real simple for the police. if it is a pick-up truck. it is probably legal. and if it is larger than a pick-up Ind. it is probabl y suspcc:t and should be pulled over. Mayor Bums asked if the rqillnlioll sa-, wllat die cmpcy wcipt of a truck is . Mr . Kahm said he believes it docs. altbougll lie Ila a pick~ INdt ad lie loobd • bis toaipl 111d be wu unable to dctcnninc what the number -oa dicrc He __. lie lhouglll II Slld bis truck weighs 4 ,000 pounds. Council Member Bradshaw IUICld dial lien dclC:a ·, lur\lC II on lhcre Mayor Bums collUIICIIICld 11111 dlcR --._ MIO •bc:dlcr dial would make it much easier to enforce, if you could jull loak • dlt iqp-ad YGII could -whar the weipt is. But, Mr. Kalun advised. in lalklllC III Sale!) Scniccs. dial ~-pc of, eluclc would be the easiest thing 10 enforce. So. Council Member Nabholz ad. 11 would be type Ulllcad of ,.e1gh1 . Mr. Kahm Slalcd thal the 7,000 pounds would tell Safety ScrvlCCS llal pck-11p Inlets arc oby and trucks bigger than pick-up trucks arc probably in excess of 7.000 pounds Council Member Habenicht asked what lund of lnleks ,.'Ollld be ,.1shy-wuhy in terms of trying to decide wbcthcr they arc 7,000 pounds or not Mr Kahm saad thal deli,·el)• type trucks. box type vans might be marginal . For instance. be explaancd, the Oty 111CS a loc of si ngle axle dump trucks and those have a we weight of about 13,000 pounds . So. he noted, there is a pretty good range of vehicles. Council Member Bradshaw asked what. a Suburban would weigh. Mr. Kahm advised 1h11 a Suburban probably doesn 't have a truck plate on it. Ms . Bradshaw said they were: just wondering what a Subwban would weigh . Mr. Kahm said be would bet thal a Suburban weighs over 6,000 pounds, :is it is a large vehicle . But it would probabl y be under 7,000. City Manager Scars noted that Di vision Chief Vandcrmcc might want to talk aboul bow they arc planning 10 proceed with enforcement. ' ,, - •. ., • • 0 - • ,,. -• 0 - • Englewood City Council April 6, 1998 Page 15 Council Member Habenicht noted they have seen a number of pictures of the ttucks and she asked how many of those trucks would be disallowed. The majority of them, Mr. Kalun advised. He noted he thought Waste Management had given Council a number of pictures of the vehicles they had weighed and most of those vehicles would probably be too heavy . Mayor Bums commented that a lot of those were 14,000, 15,000, 16,000, 18,000. These are the trucks, as he understands it. of other customers of Waste Management. They aren't their trucks. but they come to their transfer facility over there. Mr. Kahm said that is correct. Mayor Bums asked what kind of enforcement problem are we going to have, as be noted a lot of the pictures they saw were of huge trucks, eighteen wheelers, big dump trucks, obviously very heavy trucks. some of those were son of in«tween. He said Waste Management can ask them not to come that direction, but as they Slated, they can 't control that Mayor Bums asked what kind of enforcement problem we have if thal kind of a truck is not allowed . Mr . Kahm stated he was not sure it was a major problem . He noted he sent, in Council's packet., a little area map, which designates bow they believe they have to sign that area in order to control trucks . Mr. Kalun advised that if they look to the cast side of that. near Santa Fe, they will notice a couple of X's. The signs they are rea>mmending there are informational signs that inform truckers coming in that the truck route will end at Clay street. When they get to Clay Street, there is a sign that tells them the truck route ends. He noted there would also be a weight limit on that, that would tell them no trucks exceeding, lets say, 7,000 pounds empty. On the Federal side of it. there would be a sign right as you tum onto Union, that would tell them no trucks over 7.000 pounds. So , he said, he is not sure enforcement is a problem. Mr. Kahm Slated that the biggCSI problem, he sees. is that we are going to trap some people. He pointed out. it would be a small number. but if you were in a tractor/trailer rig, a semi or a large trailer, and you turned off of Santa Fe onto Union, there are no other public roads to tum onto to tum around. So once you get in there. unless your point of destination was in fact one of those businesses. you are probably going to have to go straigbl through to Federal . By the same token. he said, someone who is southbound on Federal in the left tum lane. if they don 't see that sign in lime. that once they make that tum there is no place to go but straight through . So. he noted. there will be a little bit of that . Mayor Bums asked if that was through 10 Santa Fe. Mr. Kahm said through the restricted area. that there is no way 10 tum around. Division CbiefVandermee advised that might be one issue. in terms of the enforcement. For vehicles traveling WCSI bound from Santa Fe. the signs are going to be easily identified once they are on the roadway and they are going to be able 10 make adjustments to avoid being in violation. Except. he noted, in the case like Mr. Kalun pointed out. large units that don 't have a way of turning around. He said he did not believe the problem exists with vehicles that are using that as a straight through cut-<1fr. So he thought that problem was going 10 be minimized . The reasonableness of the enforcement. or the concern he has in that rega,d. comes from vehicles that enter Union east bound from Federal. Without some kind of advance warning sign, if they have made the tum and entered into that no truck zone. ,~· have no avenue of escape . So if you stop them. and assuming the y are in violation, and an officer conducts a traffic stop, in his opinion the driver has a valid concern in saying "hey . I got in here and I can ·1 get out. I can '1 be airlifted, if 1 go down and tum around. the point I would be turning around at. I would be outside the no drive zone ." So, he advised . Ihm: are some reasonableness issues there as far as the enforcement He stated that cenainly from their point of view, in terms of selecting which vehicles are in violation and which are not. that anything larger than a pick -up truck is easy enough for them to identify . If you get into weights. then it is kind of up in the air for tliem to conduct a traffic stop, as they have 10 have probable cause thal a violation bas existed. Not a coin toss that it could have existed. Division Chief Vandermee maintained that it has got to be. in terms of enforcement . some clear direction, or some clear definition. of what is and whal is not iUegal . Mayor Bums commented that it sounds like he thinks they can handle it. Council Member Waggoner commented that wlien tliey stancd addn:ssing the problem with the concme trucks and the weights on the stn:ets. they put a third wheel in bad, thal they could drop and change the number of ax les on the truck . He asked whal tlley arc going 10 do when they have an emPfY pick-up truck • • •· • 0 ' - En&lewood City Council Aprll 6, 1998 Pace 16 • 0 - that weighs less than lhe 7,000 pounds. or whalcver, and he is pulling a big. huge IJlliler . Mr. Kabm advised, as traffic staff bas looked at Ibis, thal Ibey see trailers as being a problem. He thought Ibey could tum around and add lhe net weight of lhe IJlliler to lhe truck, if you wanted to get iechnical. But. he opined, thal is going to be a hard one to control . Council Member Bradshaw said that she had a question for lhe City Attorney. She asked where Ibey would put a limit in lhe c:ouncil bill . City Attorney Brotzman advised Ibey could put one in if Ibey want to, but tbat right now Ibey don 'I haw to. There are actually two SlepS, he said. One is once you undesignatc it as a truck route. lbe Traffic Engjnoer has said tbat he will sign lhis. So he will post signs that say no trucks, unless Ibey pc him a weight. Mr. Brotzman noted tbat lhe Traffic Engineer previously came to Council and said be would really lille Council's input into lhe weight on that Tbe Traffic Engineer, right now, bas lbe power to sip it saying no trucks OYCr whalever weight. So. Council Member Bradshaw asked, when would lhe weight of lbe IIUCks be decided. Council Member Garrett said Ibey could make a recommendalion. City Allomey Brotzman advised Council could make a recommendation tonight to lhe Traffic Engineer. Council Member Bradshaw llwlked Mr. Kabm for his work on Ibis . Mayor Burns said he didn '1 think Ibey should put lhal in the ordinance, thal Ibey should make a recommendation and he can change that if ii is nol working, as he has some flexibility. Engineering Manager Kabm added that. in lhe map he gave Council, Ibey suggested that on Tanforan. Layton. Sanloga, Olmango and where Decatur comes out on Federal, that Ibey would just put no truck signs up lbere. Mr. Kalun advised that he and Traffic Engineering Analyst Ladd Vosay. discussed this at lenglh today. And they determined that ifwe are going 10 go with a 7,000 pound restriction, which permits pick-ups, that we should probably use the same designation on lhose Sll'eets as well. as opposed to no trucks. Council Member Bradshaw said yes. that makes sense . Mayor Burns said he W1ders1ands lhal the Traffic C-bas exceptions for things such as moving vans. for these folks. and the trucks that would pick up their own garbage and Ibale kind of things, which are services to those people in that neighborhood. Mr. Kalun said lhal is right. lhere is nothing in the ordinance tbat prohibits cleliveries, pick-ups, a lawn service. from coming to a point of destination. He staled ii is lbe through traffic that would be breaking the law . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (ii) ON SECOND READING. ORDINANCE NO . 22, SERIES OF 1998 (COUNCIL BILL NO . 12, [ll(fRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REMOVING 11lA T PORTION OF UNION A VENUE FROM FEDERAL BOULEVARD TO CLAY STREET FROM THE DESIGNATION OF A TRUCK ROU'Ic: IN THE CITY OF ENGLEWOOD. COLORADO. Vote..-ltl: Motion carried. Ayes : Nays : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner. Clapp, Bums None (c) Resolutions and Motions •· • 0 , En&lewood City Council April 6, 1998 Page 17 • 0 • COUNCIL MEMBER NABHOLZ REMOVED AGENDA ITEM 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 {c) (Ii) and(iii). (ii) RESOLUTION NO. 50, SERIES OF 1998 A RESOLlJTION APPROPRIATING FUNDS FROM THE 1998 BUDGET FOR THE GOLF COURSE PUMP PROJECT. (iii) CONSTRUCTION CONTRACT WITII COLORADO WATER WELL PUMP SERVICE AND SUPPLY IN 1llE AMOUNT OF $94,200.00, FOR CONSTRUCTION OF GOLF COURSE TRANSFER PUMP PROJECT. Vote results: Motion carried. Ayes: Council Members Nabholz. Garmt. Bradshaw. Habenicht, Waggoner. Clapp, Bums Nays: None (i) Council Member Nabholz said that she just has a couple of questions on this. She advised that she met with Wayne Oakley and Dell Montgomery last year. along with Denver City Council Member Bill Himmelmann. who borders our City. And. she said. the concern that was discussed between the two departments was ifwc do Tejon. Yale or parts of Broadway, that affect Denver, that wc don't just do the Englewood side. That wc make Dcn\'cr aware that wc arc getting ready lo do our resurfacing and that wc work on this as a joint effort. So. she said. she just wanted to make sure that if we arc doing anything close 10 the Denver border. that we make sure that wc coordinate with them and let them know. Mayor Burns asked if that is what we do anyway. Council Member Nabholz said no, that wc never have before and that's been the big issue. Mr. Ka1un advised that wc have tried in the past. there has been an effort. Ms. Nabholz said that she thinks wc have opened up negotiations now, so just so we continue them. Engineering Manager Ka1un advised that the only street that has ajoinl boundaly, that he secs on there. is Zuni south of Dartmouth. He stated that involves Sheridan and wc will be talking to Sheridan. as we would like to do the full width of street. but wc will work something ouL Council Member Gam:tt asked. after they do this. approximately how long ii will be before they redo that street. Mr. Kalun advised ii varies. But. he noted. for the most pan wc swted using this panicular product in 1987 and he w.u noticing that this year wc arc doing some additional worit down on Fox Street that was in the 1987 program. He commented that ii looks like wc arc going to get ten yean out of residential streets. We have used this microsurfacing on Broadway, carrying 45 ,000 cars a day and wc got about five yean out of it. Typically, he said. about eight 10 ten years. Council Member Garrell noted thal Quincy was done last year, on son of the eastern side of Quincy, and there is a little strip that is proposed. And. he said. one of the dcpanments has now dug up one of the streets and wc have this really bad patch job. He pointed oul that ii seems silly 10 pul this down last year. only to tear ii up again this year. Mr. Garren said that at a function he wu •tending, he asked Mr. Eslcrly about this panicular project. He stated Mr. Eslcrly told him that we don 't keep up with ... Ii.kc what SIU Fonda's group is doing. So he clidn ·1 even know what was going on on thM particular SUCCI . Council Member Garrett commented that ii bothered him that there is no coordination between the two dcpanmcnu . ' ,,, - .. ., I· • C ' - • • • En&l-ood City Council April 6, 1998 Pace 18 • 0 I • • Mr. Kahm asked Council Member Garrett who had suggested they don't keep up with Stu Fonda's group. Mr. Garrett advised it was Chuck Esterly, because he asked him why Quincy was being dug up and he said he had no idea. Mr. Kahm said no, that actually, every year as they put together this type of program or an overlay program, they coordinate with Utilities, as to where they a,c going to do water line replacements and those type of things. They also coordinate, and. this time of year, send, this list of streets 10 Public Service. U.S . West and anyone that might have a need to cover streets, to try to minimize that But, he noted. it happens. Council Member Gam:u said that was fine . He commented that he understands they can't predict ten years out, but it seemed like they could for six months. But typically, Mr. Kahm advised. on an annual basis, they try to get folks to do undcrgrounding work ahead of our programs. Mayor Bums said he thought that was a good point, that there is a real need. obviously. for a lot of coordination between Utilities and Public Works. Mr. Kahm agreed and noted thal it is real frustrating l.o us 10 go out and overlay a street or put microsurfacing down and have somebody like Public Service come in and cul it the next day . But they do it from time to time. Council Member Bradshaw commented that they have done a bcner job. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i). RESOLUTION NO . 51. SERIES OF 1998 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD 'S 1998 MICROSURF ACING PROGRAM INSTEAD OF TiiE COMPETl11VE BID PROCESS UNDER SECTION 116 (b) OF mE HOME RULE CHARTER AND SECTION 4-1-3 OF TiiE ENGLEWOOD MUNICIPAL CODE 1985. Vote raulu: Motion carried. Ayes: Council Members Nabholz. Gam::n. Bradshaw. Habenicht Waggoner, Clapp. Bums Nays: None 1 1. Replar AIICnda (a) Approval of Ordinances on First Reading (i) Neighborhood and Enviroruncnt Technician Langon presented a recommendation from the Department of Neighborhood and Business ~opment to adopt a bill for an ordinance approving Industrial 2.oning Amendment She stated lhll lhesc a,c proposed amendments to the industrial wne district of the Municipal Code. thal result from Council 's request that Neighborhood and Business Development review two specific land use issues in the industrial zone . Ms. Langon advised they arc: requesting that Council set a public hearing on this issue for May 4. 1998. She asked that Council consider the inclusion of section 9 on page 33 . Thal is for the existing uses and. she noted. it covers those uses not addressed as conditional uses . making existing uses. non-conforming uses . Ms . Langon explained thal section 9 is a clause that would cover any existing uses . that there a,c some a,cas where there a,c uses that would be conditional uses and other areas where they arc not conditional uses . So this clause would be for an y uses thaa arc: not covered Wider conditional. they would be allowed to remain as no~nfonning uses . Council Member Waggoner asked iftha& is Wllil they sell . Ms . Langon advised that is correct. for non- conforming. ... • ' ,,, - •· • C - • • • Enckwood City Council April6, 1998 Page 19 • 0 • Council Member Bradshaw asked about what happens. when it is sold. Ms. Langon stated that if it changes hands then the use can remain, the use itself terminates in 180 days. Council Member Waggoner asked if that is the drop time, 180 days. Ms . Langon said that is correct. Council Member Bradshaw stated that this seems excessively liberal to her. Ms. Langon asked what ponions. Ms. Bradshaw said she thinks it is just this problem she has with industrial 1.00ing. She acknowledged it is probably just a personal percept.ion problem, but it is 1998. we arc an urban area. we arc not a suburban area anymore. some of the uses that were permitted in a suburban area. she docsn' t think arc acocpcablc in an wtlan environment She opined that the case with Union points that out. Ms. Langon noted that this is something they discussed last week at the Study Session, that for these two particular uses, this is just a shon~crm fix . So, Ms. Bradshaw said. this is like a band-aid. Ms. Langon said they could use that tcnn . Council Member Garren asked if this is being fixed in the Comprdlcnsive Zoning re-write. Ms. Langon advised we will be addressing the entire ordinance and there are a number of uses that could probably be eliminated. She noted she had to look up what bone black was ... things like that. She said there arc a number of other inconsistencies in the ordinance, so it will probably be a long range project . Council Member Bradshaw asked how long we arc looking at, long range. Ms . Langon commented that Mr. Simpson always tells her to never give a timeframc. She staled they are going lo be looking at it this year as far as she knows. But as 10 completion. she said, she docs not know. So. Ms. Bradshaw said. it will probably be the firsl of next year, something like that. Ms. Langon said probably. Council Member Habenicht said she docsn 't so much have a question, as a point of discussion. She stated ii was her undcrslanding that this whole moratorium was to address the issue of industrial zoning tlvoughout And. she noted. she would guess she was a little disappointed that it hasn't been comprehensive. She said it was her undcrslanding that there was going to be more of a comprehensive approach to this. So in one way. she noted. she was gratified that it wai: going 10 get tighter, but at the same time she was disappointed that it seems to do so little . Council Member Bradshaw asked if they would be better off just 10 extend the moraorium. City Attorney Brotzman said no. thal they arc probably at the limits legally. as they have continued it twice already . So. Council Member Bradshaw said. wc put this band-aid on for awhile until wc rcally look at it She stated she doesn't like that Council Member Nabholz noted that ii was her understanding. last week at Snady Session when they diKuual il lhal it will lake time to get what we want in place. into our industrial zones. Ms. Nabbolz SIMCld sbc was aware that this was noc exactly what they wanted. but ii is what we need to carry us through in the ialerim pan. Thal Neighborhood and Business Development would be looking at Slricter limitations on this. She said her Wldcnlanding. for lack of a heller term. is that it is a band-aid for the moment. Ms. Nabholz opined that wc need this. Yes. Council Member Habcnichl said. tlial she is not talking about what happened last week . She stated she was talking about what happened last year. She said she looks to Council Member Clapp, because she rememben sitting with her and talking about this. long before it happened. With her and staff and meeting with people with all O\'er the staff and recognizing that this concept of doing the moratorium was going to be addressing a much more comprehensive issue here. Tiiat is where, she said. she is addressing her disappointment Not from last week. She stated she was expecting much more over a period of quite a long time when this staned. Council Member Bradsha"' pointed out that Neighborhood and Business Development has been a little O\'CJWhclmed. • "' - •· • C ' • Englewood City Council April 6, 1998 Page 20 • 0 • Mayor Bums said lhal was true, lhal he shares some of the same feelings. He noted they have had an awful IOI on their plate and Gary Scars has not been here that long. Council Member Habenicht said she Wldcrstands we have had a IOI of changes . Also, Ms . Langon advised, it was at the February joint Council and Planning and Z.Oning Commission meeting where the directive was to address these two panicular issues. Council Member Bradshaw said this is like a band-aid and she has no problem with that. but she would like to have Planning and Z.Oning Wldcntand ... she commented that she wasn't sure bow the rest of Council felt ... that we really need to take a serious look at industrial zoning in Englewood. from the view of 1998. Ms . Langon advised that. from their discussions, she would believe that Planning and Zoning was in agreement wilh her on that Council Member Oapp said that as they do that she thought a year ago they also discussed looking at types of uses that arc next to our water supply. Ms. Langon stated that would all be part of the comprehensive rewrite. Just to add to that Council Member Habenicht said, that also things have changed. Noc only has the City changed its character during this time, but our technologies and our industries have changed. Looking at it from lhal point of view, to thinking back on the issue that they ran across on that Cedar MOW1tain issue. Having lived through that one . There arc a lot of things. She stated that she was not trying to lay blame or anything like that that she just wanted to express her disappointment because it was her Wlderstanding that they were looking at a much more comprehensive ordinance here. Ms. Langon noted that to address all of those issues would take far longer than the tnoratoriwn time. That was part of the reason for just addressing these two key issues. Council Member Waggoner asked. under the hazardous waste storage or processing. if there was any panicu1ar reason that just stopped at conditional use. rather than being prohibited. He said he knows there arc a lot of conccms all over about lwardous waste storage and processing. Ms. Langon advised there arc a number of a>nditional uses. condilions that the use has to meet and they have written those into the ordinance. If you prohibit them. she cxplaincd. there arc existing hazardous waste companies in town. Then, Mr. Waggoner said. this applies to those that arc already there. Ms . Langon said that is right Mayor Bums commenlCd that a lot of your businesses. your industries. will produce ba7.ardous waste that arc perfectly lcgitimllC uses now or would be even non~nfonning. but they can sliU be in business. Ms . Langon llated !hat this CO\lel'S just the storage. if they arc producing a huanlous waste. that is another item. This is for the collection and storage . Council Member Habenicht asked what she meant by processing. Council Member Waggoner explained it is collecting. rcbagging it and then sending it out . Ms. Langon advised there is one company in the City thal collects. but all they do is collect, bulk it and then ship it OUI . They don 't process. they don't clean, they don 't refine. they don't do anything of that nature. They just collect. built and ship. She stated that those items arc controlled Wider EPA regulations. So . Council Member Waggoner said, what this really docs is it eliminates any others that come in and those thal arc here arc grandfathered in. Ms . Langon advised that is right. 1h11 if there arc others coming in they would be coming in and have to qualify under the condi1ional usc ... public hearing. etc. Council Member Bradshaw thanked Ms. Langon for answc:nng all of their questions. • " - •. ... •· • 0 '32xl - • • • • '· Eackwoocl City Council April 6, 1998 Paae21 The City Clerk was asked to read Council Bill No. 18 by title : COUNCll. Bill NO. 18, INI'RODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 13 AND 14, AND TITLE 16, CHAPIBR 8, OF 1lfE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO 1-1 LIGHT INDUSTRIAL AND 1-2 GENERAL INDUSTRIAL DISTRICTS. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. II ON FIRST READING. Motion carried. Ayes: Council Memben Nabholz. Gam:tt. Bradshaw, Habenicht, Waggoner, Clapp, Bwns Nays: Nooe COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBLIC BEARING ON COUNCIL Bll.L NO. II FOR MAY 4, 1998. Motion carried. Ayes : Council Members Nabholz. Gam:tt. Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays : None (b) Approval ofOrduwlccs on Second Reading (i) A biU for an ordinance. on second reading. authorizing the execution o{ llllergovemmemal SubgJ1lntee Agreements for the 1998 Arapahoe County Community Developmena Block Grant Program was considered . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (i) -COUNCIL BILL NO. 15 ON SECOND READING. ORDINANCE NO . 23 , SERIES OF 1998 (COUNCIL BILL NO . 15, INTRODUCED BY COUNCll. MEMBER WAGGONER) AN ORDINANCE APPROVING AND AUTifORlZING 1lfE EXECUTION OF AN INTERGOVERNMENTAL SUBGR.ANTEE AGREEMENT FOR 1lfE 1998 ARAPAHOE COUJ\rrY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN 1llE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 1llE CITY OF ENGLEWOOD . VOk,-lu: Motion carried. Ayes : Council Mcmben Nabbolz. Gamtt. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : Nooe (ii) A bill for an ordinance, on second rQding. approving an lnte!JOYCmmeatal Agreement with Arapahoe County aa:q,ting reprogrammed funds under the Community Development Block Grant Program was considered. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (ii)· COUNCIL Bll.L NO. 16 ON stCOND UADING. ., • • 0 , - Englewood City Council April 6, 1998 Pase22 • • ,~ • ORDINANCE NO . 24 , SERIES OF 1998 (COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTEROOVERNMEl'IT AL "SUBGRANTEE AGREEMEl'IT FOR 1996 ARAPAHOE COUNTY REAPPROPRIA'IE> COMMUNITY DEVELOPMENT BLOCK GRANT FUNDSft PERTAINING TO THE DISABLED ACCESS PROJECT BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD . Motion carried. Ayes : Nays : Council Memben Nabholz. Gamtt, Bradshaw. Habenicbl, Waggoner, Clapp, Bums None (iii) A bill for an ordinance, on second reading. alllhorizing the purchase of the Gothic Tbealre was considered. COUNCIL MIEMBIER NABHOLZ MOVED, AND IT WAS SIECONDIED, TO APPROVE AGENDA ITIEM 11 Cit) (Iii') • COUNCIL alLL NO. 17, AU1110RIZING THIE PURCHASE OF THIE GOTHIC TRIEATIER. ORDINANCE NO."· SERIES OF 1991 (COUNCIL Bill NO. 17, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AIJl1IOIUZING THE PURCHASE OF THE oonuc THEATER PROPERTY BY THE CrJY OF ENGLEWOOD. COLORADO. A~: Couacil Mcmbcn Nabholz. Gamtt. Bradshaw, Hlbeaic:hl. Clapp. Burm Nays : Council Member Waggoner Motion carried. (c) Resolutions and Motions There were no additional l'CIOlulions or mo6oas submiucd for approval . (See Agenda Item 10 -Content Agenda.) 12 . ~ DllalllNIII (a) Mayor's Choice (i) Mayor Bums praenlcd a bill form ordiunc:c approving an~ Agn,emenl wilh lhc City ofl>clNer assigning and lnnlfcrring a ponioa ol'Englcwood's 1999 aUocauon ol privaic activity bonds to fUIIIIICC residential housing facilities for low-and middle-income ~ md families . The City Clert was asked 10 read Council Bill No. 19 by tille : COUNCIL BILL NO. 19, DmlOOUCED BY BRADSHAW • . .. • • ' • 0 • Englewood City C1N1ncil April 6, 1998 Page 2J A BILL FOR AN ORDINANCE ASSIGNING AND TRANSFERRING TO 1liE CITY AND COUNTY OF DENVER. COLORADO, 1liE 1999 CITY OF ENGLEWOOD, COLORADO ALLOCATION FROM 1liE STA TE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN 1liE CITY AND CERT A1N ornER CITIES AND COUNTIES IN 1liE ST A TE OF COLORADO; AUTHORIZING 1liE DELEGATION TO 1liE CITY AND COUNTY OF DENVER. COLORADO OF 1liE AUTHORITY OF 1liE CITY OF ENGLEWOOD, COLORADO Wl11I RESPECT TO 1liE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (1l{E MBONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND F AMII.JES Wl1lilN 1liE CITY OF ENGLEWOOD AND CERTAIN ornER CITIES AND COUNTIES IN 1liE ST A TE OF COLORADO; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING 1liE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION 1HEREW1111. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 19. Mayor Bums explained that this ordinance is being routed through the City of Denver for the issuance of bonds for efficient and cost saving measures and issuing the bonds. which then Englewood citizens can use for purchasing residential facilities for low-and middle-income people. Council Member Waggoner noted this is on first reading . Vou,-Ju: Ayes : Council Members Nabholz. Garrett. Bradshaw , Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (ii) Mayor Bums advised he received a call at home regarding an animal control issue from Mr. Robert Cassidy, 3196 WCSI Tufts. He said it was on the weekend and involved a dog they had seen there before. Mr . Cassidy was told animal control was only on cklty on the weekdays and he didn 't have anywhere he could call to get this done . Mayor Bums said he advised Mr. Cassidy he would tum this over to the City Manager to find out if we have some coverage on weekends and that we would get back to him on that (b) Council Member's Choice (i) Council Member Nabholz : I . She said she fmally bad a meeting where she could pass out her n:pon . Ms . Nabholz commented thal she did this special for Council Member Waggoner, that she knows he bates n:pons. that this is in color and \'Cry wdl documcotcd . She opined it was one of the most exciting confcn:nccs she has been to and it was also an update on some legislation that we , as a City . really need to be made aware of. Council Member Nabholz noted she brought copies of that back . First and foremost. she said. she would like to tlwik the constitucntS ofEn~ood. as well as her fellow Council mcmbcn. for allowing her to attend. She reiterated it was an exciting conference. She advised Mr . Waggoner thal the benefits were in the n:pon . Council Member Waggoner noted he would be curious as to when we UK one of them . Council Member Nabholz opined that we arc getting real close to using several of them. • t • Ea&lewood City Council April 6, 1998 Page 24 • 0 - 2. She advised that al one of thc classes she took, on leading wilh diverse communities, she and another individual wen: chosen OUI of thc audicna:. Thal man sent her a letter because Ibey really lhoughl it had '-a scripled. He was a very nice Afrn:an-Amcrican man. very quiet. She said Ibey wen: put 1ogcthcr to discuss a KKK rally, along wilh a Manin Lulhcr King parade, and how Ibey would work as one, when thc theme of thc parade was wwc An: One." Council Member Nabbolz a>mmcn1ed that it was a very inlereSling, quick thiaking on your feet, lypC of discussion. But. she said, he dropped a nolc 10 say be bad a grcal time and lhal he is using wbal he lcamcd. 3. She said she Wlllled IO say Iba you IO Code Enforcement, even lhough we have some real problems righl now . 4 . She SlalCd she would like I Slallls IS IO bow many comacts have '-a made at 2844 Soulh Grant. thc addresses that wen: mcnlioncd IOnight The addn:ss on Sherman, as well as thc address on lhc 4000 block of Soulh Bannock. (ii) Council Member Bradshaw DOied in thcir packet Ibey gOl thc Council information request upda&e and wbal she bad asked for was Slaff lo provide a listing of roning, land use and ownership maps throughoul Englewood. She commcnled she was Wider thc impression lhat District I was almost complete as far as who owns what properties. She said she realizes that some of the data may be sensitive and things like that. but that she thought lhat was son of a Council din:ction. that we wanted lhat information. so staff could have that information. And once it is compiled we just have to keep ii current. we don't have to keep searching n:conls at thc County. She asked ifshc was wrong, iflhal was a misconception on her part. City Manager Scars said thal Harold Stitt might be able to help wilh this. Mr. Scars commented that Ibey have had a couple of meetings intcmally on thc data Because of ownership changes ii will have to be constantly updated, but he knows thal we an: in thc procas of going through and identifying ownership of all parcels in thc City. Community Coordinator for Long Range Planning Harold Stitt advised that wc have that information from thc County Assessor and he Wldcrstood it is updalcd every lhn:c or four months. He SlalCd thal thc information we get from thc County might be a monlh or so behind, because it likes time for lhcm 10 process thc information. But, it is a IOI mon: timely lhan information wc hive received in thc past concerning property ownership. In then:. Council Member Bradshaw said, it talks about a protected class of household. She asked wbal that was . Mr. Stitt advised lhat thcn: an: some types of housing, maybe you an: particularly interested in Section 8 lypC housing, thal wc may nol be able lo divulge or even get thc information. on when: Section 8 housing is in thc City of Englewood. Council Member Bradshaw advised Iha! her concern is Iha! ii seems like for thc Section 8 houses. lha1 she is awan: of. that thcn: an: an inordinate amount of police calls. She aid lhc knows that people have a difficult time and she realizes that Section 8 people mighl be in very pm:uious positions. But. she staled. she also lhinks lhal maybe thc Housing Authority needs to start paying thc City for some of thc police protection, over and above thc norm, lhat is nccdcd al lhosc dilfen:111 locations. Mr. St.in advised lhat thcir concern is that thcn: may be some Federal Slatutcs n:garding thc privacy or conlidcn1iality of lhal information. He stated lhat Ibey arc looking inlo lhlt issue right now. 10 dc1crminc wbal lypC of inforrna1ion. legally, can be given out in a public setting. Council Member Bradshaw said she understands that . but she knows lhlt thcn: is one house on Logan that IUI summer averaged five calls a wcck ... domcstic violence. .... • •. , •· • 0 , 2 I - • Eacfewood City Council April 6, 19911 Pa,:e25 • 0 I• • Mayor Bums staled that the City Attorney has advised him that he can address this. First of all, he 5la1Cd. the Housing Authority docsn 't own any of the Section 8 housing. That is one of the problems they have bad for years. It is a problem of making that owner accountable and, he said, if there arc that number of police calls there indeed might be a lease violation in there somehow. Because, he said, he thought the lease provides that the occupant shall comply with the laws of the City. Mayor Bums suggested that perhaps there could be some way, if there arc that number of calls, for that to be brought back to the Housing Alllhority. so that the Housing Authority would know if there have been lease violations and they could notify the owner. But, he pointed out, the Housing Authority is really kind of a conduit in this thing. He noted, that they arc not diRctly responsible for the behavior of the people who live in the unit. but he has even bad rcaltors say that someone needs to monitor these homes more often. Because if the landlord lives in California he is not paying any attention. So, he noted, there may be some way of monitoring this better so that we know if there has been a lease violation. Council Member Bradshaw stated that she clocsn 't want the public to know. That she just wants that as pan of the data base, so if staff or the police needs to access that they can say ~hey, we had 40 calls to this residence in ooc year." She maintained that is excessive. Mr. Stitt explained that the issue they have been looking at is if we arc viewed by outside agencies, or the Federal govcnuncnt. as somehow tracking those propcnics differently than we may tlllCk any other ownership, then there may be some Fcdcral liability there. Council Member Bradshaw asked if we arc uacking the number of police calls to residences, wouldn ·1 that be all residences. Mr. Stitt stated it shouldn 't matter whctJ1er it is Section 8 or not in that case . That is the answer to the question. Or, Mayor Bums noted, if the Impact Team has had to target one of these units. he thought the Housing Authority should know that. Council Member Habenicht said she can undcrstu1d specific locations of particular kinds of safe houses or something like that. However, she noted, pan of what she thought they would be getting with the information that was asked for, was that they would be finding out cxacdy wbal our statistics arc . She said she would think that they should certainly be able to know how many Section 8 homes there arc in our community and how many group homes there arc, and all of that . Council Member Bradshaw indicated that was available. Ms. Habenicht staled that. from Council's viewpoint. if they arc looking to address some policy issues with our Federal government or with some other govcnuncnt agency, that they need to know what that infonnation is. She said she can Wldcrstand that could be under a confidential responsibility and accountability, but at the same time she thinks there is a lot of information that they don 't have . Mr. Stitt advised that they would supply Council with any information they can. Confidentiality may be an issue, but. he noted, to the extent that they have information concerning the number of group homes or other activities like that. they will certainly provide Council with ihal. along with ownership and rental versus homeowner statistics. Council Member Bradshaw advised that they really wanted to get a number on what percentage of the homes arc owner occupied versus rental and things like tliat. And, Council Member Habenicht said, where they arc in general. Vastly different version, Mayor Bums said. And, Ms. Bradshaw said, arc they concentrated in one area or not. if that is the case . then we need to put incentive programs into owner occupied. Mayor Bums advised that you can know the number of Section 8 units. that is not a problem, but identifying individual rcsidcnccs or locations that is maybe something else. ...... • .. I· • 0 Englewood City CINlncil April 6, 1998 Page26 • 0 • Perhaps also, Council Member Habenichl said. she misundcl'Slallds and doesn 't know enough about housing issues and about Section 8, as it is not an issue she has really followed carefully . But her undenlanding is that the funding provided for Section 8 goes to reimbunc the owner, the landlord, who can then offer a lower rent to people. So it is a benefit coming to them and it is Fcdenl dollars, so she said, she has a really hard time thinking that DIICOIIC Ids Federal dollars and it is sec:m. when it is a landowner. She statcd she is just bying to undcnland lhll If that is the case she Slid she thinks Council needs to stan addressing. through CML and the National League or Cities, ifwe cannol get that infonnalion and aca:ss it, not only as a municipality, but u a c:itiml . She Slalcd she would be grossly offended. Mayor Bums suggcsted they might be able to get information on who the landlord. the owner is. but not who the tenal1l is . There may be a distinction there . Council Member Bradshaw and Council Member Nabholz indicated that the landlord is the issue . Mr. Stitt advised that that infonnation is a public record and it is available through the County assessor's office and we have that information. So, he stated. it is simply a matter of pulling it in a fonn that would be most meaningful for Council 's use. Council Member Bradshaw asked if he knows what Council wants. Mr. Stitt said be knows the type of information Council wants, but whal they are struggling with is the form to put it in so thal it is meaningful . He advised they have the ability to print out lists or ownership by property . Council Member Bradshaw advised that wtw she wants is, by district. how many rentals, how many owner occupied. Mr. Stitt asked if that was just by Counc:il district. And. Ms. Bradshaw said, how many half way houses, how many rehabs. Mr. Stitt stated that that significantly simpliflCS the task. That is why . Council Member Bradshaw said. that when she got that memo she thought this can 't be that hard. And actually, personally, Council Member Habcnichl said. she would like to see it by what used to be their precincts before we went inlo all this other kind olvoting. But that's all rigbt. she advised. if it is just districts that is okay too . But, Council Member Bradshaw pointed out, if there is an inordinaac amount of rentals in, lets say northeast Englewood, in a cenain area, then they need to know lhll And why do we need to know that? Council Member Habenichl said 7.Cllling issues, u they are looting at our Comprehensive Plan. Council Member Bradshaw said maybe zoning and noted that that land use may have changed. Mayor Bums advised that the Housing Audlority has targdcd different pans or the City for like the rehab loan program before . And of counc. he pointed out, thole are all owner occupied . But, Council Member Bradshaw noted. they could advenise the bond money and target that one area. Mayor Burns said sure . Mayor Burns Slated there are some restrictions on how much targeting you can do . But you can cenainly get your infonnation out. Mr. Stitt advised they could put together the infonnation. Council Member Bradshaw noted that would happen fast Mr. Stitt said yes . Council Member Bradshaw asked if there WU anything else anybody dlC ~UIS. •. •· • 0 , EncJewood City CCNlncil April 6, 1998 Pace27 • 0 • Cily Manager Scars asked Mr. Stilt what was the format they were following to put the infonnation together. Mr. Stitt explained that they were Uying to figure out a way to put the infonnation on, for inslance. a bloc:k by block aa:ounting where you might have a statistical. For instance. of the typical 24 homes in a block. 10 arc owner occupied and 14 arc renter occupied. Council Member Bradshaw staled that if lhcy could flag BRaS like that eventually. that would help. Mr. Stitt advised that they havc that information. what they arc working on is a way of mapping that infonnalion. Giving it to them by Couacil district, be said. with the gross nwnbcr of total number of units, number of owner occ:upicd units and amibcr ol rental units. He IWcd they can do that for Council districts, that is fairty simple. Wbcll they get down to finer lcvds. he said, it becomes a bit more difficult with the mapping. They also have to aiqme tbal with the zoning. bccausc. for instance tbcrc may be some areas in a district thal looks like tbcrc is an iaordinalc amount of rmtal property. But its like Kimberly Village. Council Member Bradshaw said. Mr. Stitt said that is a>rrcct. So. he staled, the zoning has to be shown and they arc worting. trying to figure out a way to show all that infonnation so it is meaningful. not just a mass of data on a map. But. he stated, they can get Council the infonnation on the Council district level . Cily Manager Scars advised they a>uld get that to COW1Cil right away . Council Member Bradshaw said that is a good place to start and if Council needs more then they can ask for it. She asked if that cleared it up . Mr . Stilt said yes, that that help immensely. Council Member Habenicht said she would like to add to that that she wouldn ·t want just owner occupied and rental. That she would like to know single family rental. owner occupied rental and multi family rcnlal, so they can factor that out. Mr. Stitt advised they can do that. that they can differentiate. as he thought the Coun1y infonnation is split up. between single family. duplex. three and four unit and then anything above that is a>nsidcrcd multi family. Ms. Habenicht stated that would be wonderful. Mayor Bums thanked Mr. Stitt (iii) Council Member Clapp said she just wanted to bring it to Council ·s allclltioo that the Library Board bas I lot of vacancies right now . And if tbcrc WIS anything they could do to fill !hose vacancies. so they could IIIO\'C on with some of their projects. she thought that would be very beneficial . Council Member Bllldshaw asked if they ooukln"t go back and look through some of those people who applied that they didn ·, put on the Library Board. Council Member Waggoner said he thought they put everybody on a a,mmince. Mayor Bums advised that they have an extn vacancy on the Housing Authority too. Maybe. Council Member Habenicht Alggcsted. they should do a quickie publication and try to get some for the places where ~-c ha\-c vacancies. Council Member Garrett Slalcd that Planning and Zoning has one too. Ma)·or Bums said he thought that iuybc they should ult Sue Bradshaw to process this and sec who they ha\·e. who is available . He noted they usually do this every six months. but there arc times in bctwccn where they may ha\'C to advertise . Council Member Wagoner 111gaaed they advcnisc for specific bolnls. thorc that have VICIIICies . Several Council members concurred. •. •· • 0 , • Englewood City Council April 6, 1998 Page28 • 0 • Council Member Habenicht said that is wla she is suggesting. especially since there arc a few that arc suffering right now. Council Member Bradshaw said she thinks that is important Mayor Bums staled be agreed . (iv) Council Member Waggoner: I. Regarding smoking al the high school again, Mr . Waggoner adviled. the same person that complained last lime, complained again, between 7 :30 and 8 :00 in the moming. In response to Council Member Bradshaw. Council Member Waggoner said it is right up by the bigb school. 2. He statcd be SClll out an E-mail about a .-ah ago , about the time it took for police to respond to Ill incidcnl • Romans Part. He said be does not think be bas heard back about that yet. City Manager Sears said be was not sure be had either. He advised be would do a follow-up on that Council Member Bradshaw noted that that activity has been going on there a long time . Council Member Waggoner said he knows that, but they happened to sec this one going on and they tried to get some police there and it just took too long. Mayor Bums advised be got feedback in that neighborhood as be has walked through there. during the election cycle too . He noted it is in his district and it has been coming up regularly . 3. He stated that be thought some lime ago be also asked for a rcpon on the rctircc insurance coverage on bcalth. City Manager Sears said that was right, that they arc working on thaL Tom Kcrshisnik is lairing a look al that. be advised. and he thought they would probably be bringing that information back as wc take a look al our budget information . He said be knows that Frank Gryglcwicz and Tom Kcrshisnik arc taking a look at that. Council Member Waggoner asked if that is for the rctirccs, wbcthcr they arc under the regular program. City Manager Sears said that is right Mr. Waggoner asked if they arc going to try to keep them under the regular program. Mr. Sears advised they will do a follow-up . 4. Council Member Waggoner noted thal wc started a couple oCmontbs ago on the DROP propam, a rcpon on thal. City Manager Sears Slated that he knows that is scheduled to come back to the Council. Council Member Bradshaw noted it says the meeting next Tuesday. She asked if they arc talking about non<mcrgcncy .. .just anybody . City Attorney Brauman said that is a ditrerent propn. The DROP program on non<mcrgcncy, Ms . Bradshaw asked. Council Member Waggoner said tbat the way he undcrslallds it is that the DROP program is different, it would apply to anybody in the City ... Fire. Police , non<mcrgency . City Attorney Brotzman said that is right Bui , Council Member Bradshaw no«:d. they arc talking about thal next Tuesday . City Attorney Brotzman said no . tbat he thought they were talking about a different program next Tuesday. He stated they arc finishing the actuarials on the DROP program for everybody . Council Member Bradshaw and City Manager Sears indicalcd it says DROP . Ci ty Attorney Brotzman said be thought they were going to bring Police. Fire and IIOll<IIICrgcnc all at once . Council Member Bradshaw noted Mayor Bums does Police and Fire and she docs non<mergcncy . ' ,. - I· • C f • • • • • • Easlewood City Couacil April 6, 1998 Paae29 , . • Mayor Bums said be lhought tbcn: wu going to be some discussion on the DROP propam at the meetings on Tbunday for the Police and Fire peasion board meetings. City Aaorney Brottman explained that be though( Ibey were going to wait to put them all together. (v) CouDcil Member Habenicbl said she just wutal to state for the record so it would be in the minutes, that we did have three young people who were recognized by the Metropolitan Mayor's and Commillioaer's Youth Awards Prognun who will be recognized• the mcll'O level . She poinlCd out 1h11 she tbougbt tbcn: are just four from each County and ID three of them are from Arapahoe County from our NMDi•icw ho from the Altcmativc High School and ooe from Englewoocl High School . She OOIDll1C'IIICd that she wt Mayor Bums sat with some of thole llllldents that were being recognized and Ibey beanl 10 Day of their lfOrics wt Ibey an: really very special and really appRCiare lhosc people ia the CXIIIIIIIUllity who --ac and rec:ogniz.e these kids. Mayor Bums c:in:ullled the pictun:s be bnJugbt back from the County Commissioner's Youth level, but be DOlCld, our 01VD kids an: ia then:. (vi) Council Member Waggoner asked about the ..,.i tbal was to come back to Council on the tine onlinanc:cs for the Englewood Housing Authority . City Manager Sears advised tbal the housing axnmittee is still wcning on those issues. Council Member Oamtt staled tbal the next meeting is next Monday . 13 . City MUIIIU'1 ll.eport (a) City Manager Scan thanked the water and sewer people as last lbunday they bad a change over of some of our lines and we bad a pressure drop on some of our lines. 1bcy got it back up and operational ... it wu a run day, ia conjunctiotl with the Allen Plant COlllllUClion. They worked bard to do tbM, be said, and we really bad no complaints in terms of water problems. Council Member Bradshaw said !bat was great. Mr. Sears poilUd out that Bill McCormick and Deanis Stowe did a really good job on tbM. City Manapr Sean ..,.. a.t 11111 Damis Slowe. on Sunday naniDg. alto said that the plant was down for a oouplc of boun IO do a clm,c -oa tbc COllllnlCliotl then:. And apin. be aid. there were no odor problems 00 that Olle. So they llavc iJllowal up OD tbll. Mayor Burm QlllU C 111112 lie dlaligll2111cy almols alllicipasal odor problems Oil that one. bul it didn't bappm. City MalllF Sean aid lllll -INC. (b) City Maaaa" s-s aid. • lalU of tbc EaglclWood ec.r. dial be IQUy dido 't have anything to report. He ..... Ille plllllll are -tiaa bard cm die ........ tbcy an: working bard OD the tcnaa9I, they an: -ms 1111d lmlll a !oak • diff"aalt pcnpecliwl. Pclel' Caltbolpe bas been out bcrc and met with the '-· He ISallll lllcy --"ma -• day to day bllil ud lie dlougbt tbc reviled plan SCCllll to be c:omillg ....... Mr. s-s adviled. ii ii his .............. Skip Miller bas llcpped forward to try to COil OIIS Ille pla. ID lie las a ............ of exac:dy wllal die CIOIIS an: for doiag a plan. We an: in the dilCUUion ... ia ._ of wllas our CIOllS may be aad wi.s tbcir CIOIIS are. And. be advised, we an: also doing a follow-up OD tllc Foley 's buildina in 1crms of-of tbc imm dlas were railed at die last Council mccting. in 1crms of dlicieacia between diff"ereas dcpaW. City M-,er Sean said be bas laDICd to David M. Griffith and AIIOCialcs with Frank Grypewicz. lbaut palelaially doing - analysis OD our dilrerent depalmcnls to ICC bow -can inaalc efflcieacy .. dlecli-. u the Foley's building comes lOF'bcr-Aad be is p,in1 to be aivinl us a prapaal ID llkc IO the ISlft"and tt- back to the City Council. II ii pnllRlliaa. be llid. and the plan --IO be _.. imo a lisdc bit more of a final politioa to come back IO CouciJ for lllcir review and da:ilioa. He .... if C-=il 111d my questicw. • • 0 - • • • Englewood City Council April 6, 1998 Page JO • 0 I• • Council Member Waggoner asked if !here was anything new on any of lhc tenant stuff' yet. if they arc willing to make any contact yet . City Manager Scars advised that Skip Miller is meeting with the individual tenants and Tim Lcorwd and Marilcc Utter arc meeting with him . Mr. Scars Slated that he has a meeting with Wal-Man Wednesday afternoon . They did meet with them last week. he said. and he heard it was a pretty successful meeting from all sides. He said he was not sure, really, which tenants, in addition to those they have already kind of talked about, that Skip Miller is meeting with. But City Manager Scars noted. he docs know that he is meeting with several others. Council Member Waggoner SlalCd there is some concern about the location of lhc theater. Council Member Bradshaw advised there is a cona:m about Fox Street going sttaight through again. City Manager Scars said that bas been raised to them and he thought lhc team is aware of lhc concerns of lhc property o•-ncrs to lhc nonh and Ibey are pulling that information in. Rigllt now, he staled. there is a IOI of discussion about infrulnlctUl'C. in terms of roadways and connc:c:tions. He said he knows thal Inca is being discussed. in lieu of Fox. in tcnns of connecting to Danmouth. But again. he noted. be does not know. He po1111ed out that we have Public Works people, planning people and everybody, kind of sitting down and trying to figure out what makes sense !here. Council Member Waggoner suggested that when Ibey arc looking al that Ibey better be talking to RID. too. Because. be nolcd. they have some real concerns about lhc bus route off of Dartmouth into the Park n Ride. City Manager Scars staled thal Rick Kabm bas been talking to them pretty intently, along with David Tryba, in teims of bow Floyd is used for bus transportation and then a connection back up to Dartmouth. There is some discussion. City Manager Scars said. about a smaller theater in lieu of a larger theater over !here. So. be noted. there is a lot of intcmal discussion from lhc different factions. But be opined. everybody is stepping forward. trying to wort al lhc Slaff level . to come together with what is the best projc:a. or maybe one or two alternative projects. to come back to City Council with . Council Member Bradshaw asked if we are on time. Council Member Nabbolz asked if be said smaller theater. Potentially. City Manager Sears said . Mayor Bums asked if be was talking about the movie lhcalers. Mr. Scars said yes. there are a couple of different theater companies that Ibey have tallced to and one them promotes a smaller screen than what was talked about. Council Member Habenicht asked if we are still addressing housing. City Manager Scars advised that we are . housing is a critical pan of the whole discussion and whether it comes inlemal whether it is more on the outside. it is there. He said that he knows that Peter Calthorpe. in his plan. feels like that is really imponant 111c housing comes in to pay more money up front but the long term return. in terms of retail sales back to the City. you don't have that So. there has been a lot of discussion about lhc types of housing. At this time. he advised. Ibey are looking at a high end rental that can be translated over 10 condominiums or townhomes. He said he knows there was some discussion. which he stepped on right away. or came back to in terms of. which was gated. because be does not think a gated community makes sense. Exactly bow lhc housing would fit inlo lhc thealer and bow it would relate 10 lhc traffic that is there, whether or ROI lofts make sense ... all those alternatives arc being looked at especially by Peter Callhorpe and Marilee Utter. Then the cost of housing in terms of how much thal may pull away from the total project. is looked at . City Manager Sears commented that . right now. he knows the numbers arc going back and forth between 400,000 and 430.000 sqiwc feet of retail . and that is lhc number they arc trying to keep in there. He said he would just say it is dyMJllic. but all of those issues are being reviewed as 10 bow they can wort . Council Member Habenicht advised that she has visited a number of movie theaters in lhc area and she has not been 0\/erly impressed. But recently, she said. they went twice to see films al lhc new Highlands Ranch • I· • , Englewood City Council April 6, 1998 Page 31 • 0 • AMC . She asked if anyone else has been out there. She recommended they give it a shot. Ms. Habenicht stated she was impressed, that she fell she was at a quality space. Mayor Bums commented that that one has been given a loc of publicity and he thought there was a new one al Westminsler that just opened. Mayor Bums said that he understands wc have noc been slowed down by the INS raid on the penonnel doing the remediation at the Ccmcr. City Manager Sears advised that that is his understanding. He said he wished Rick Kahm was here to give a liale more of an updale. Mr. Sears 5'lled that they found a little more asbestos in the Joslins building than wc anlicipatcd would be there. He said he knows there is a lot of discussion going on • the same lime about demolilion and how the demolition can wort with those individual buildings. Perhaps. be noccd. certain buildings can be demolished with the asbestos actually Slaying inside and others have to be tnnsponed oulSide . He said that is kind of on going while wc go through the res1 of the project. Mr. Sears noced be could noc answer his question tocally tonighl that he will have to gel back to him. Council Member Bradshaw asked if wc are on lime . City Manager Sears advised that he thinks they are. We are meeting weekly and he knows they have gone through 15 different plans and all the participants have been working through that. He said he thinks they are pretty much aware of where most of the issues are . Mr. Sears opined that things will gel more difficult over the next two or three weeks when they actually have to say that this is the plan or this is the plan . Maybe with a couple of alternatives, he noted, they will come back to Council and say this is how much it is going to cost to make that plan work . And this is what the developer p1ys and this is what our obligations are . lbey had to go through all this stuff, he maintained, in terms of pulling everything together and he thought it would get more difficult over the next several weeks. But from all sides, he advised, they still seem to feel like they are on track and at least they will have a plan to present to Council on the s"'. Regarding one other thing, Mayor Bums DOied they talked about RTD , in our agreemenL was to provide the putting. He opined there are going to be some serious puking issues at Oxford. There was an article in the JIIPCr about it recently , he said. and John Claflin from the RTD Slaff' talked about that and said they don 't wane to overbuild. they wanted to be conservative when they Slar1-Bul Mayor Bums commented. he can see people saying wcll I can't part at Oxford. 1 will go to Cinderella City . They are going to Slart loading up the pamng facility at Cinderella City. because there is no l*king at Oxford. Mayor Bums opined they are just kidding themselves and he told them that m1 the tour they had receody. thal they have got to get some parking at Oxford. Because, be noced. people are going to try to pa,k there anyway and wc are going to be citing them and then they are going to go to the reacaaion center and put in that lol and walk over. He said he just thinks they are kidding themsch'CS aboul this parking issue. At Mineral too. Council Member Bradshaw said. they don ·1 have near enough. Mayor Bums agreed and noced it will probably be a problem at ACC and Evans. Council Member Bradshaw staled that ACC is going to be a big problem. City Manager Sears said he thinks Iha& the parking, which has really been kind of the prinwy. initial focus , seems to be coming together better than people though! thal it would . There appears to be. he DOied. adequate putting for the different types of uses. that are on the site over there right now . using pans of the existing structure. But our feeling. be noled. to a certain extenL is thal wc may go back to R TD for additional funding. because of the puking requirements thal are going to be there . To help close that gap. Mayor Burns said. So. City Manager Sears said. the y need to have the plan. lay that out and then take it back to RTD . Because. Council Member Bradshaw commented. this is a good project for them. City Manager Sears ag,ced dtis is a great project . Mayor Bums noced this is a showcase project for them . 14 . Cily Anoney'a Rq,or1 ,,._ •· • C ' t('; , • : , 1.1 r, ' - • l.apwood City C011acil April 6, 1991 Paael2 . ' • • l ~ • (a) City Aaomey BrolDllall asked if they wanted to formalize a m:ommendation to Public Works on truck weigllts. Council Member Bradshaw and Council Member Nabbolz said 7.000. Mayor Bums queslioncd wbdbcr be jull 1-iai a amsensus. Mr. Brotzman said yes. Council Member Habenicht asked ifbc 1-' a motion. a1y Attorney said no, the amlClml5 -fine. ,, -. ' t .. •· • 0 I --I • • • 0 • ~~ WHEREAS , mow eehide ,rn:~s :,: ::. ::: ~.: .. of de•ili foe ,ruldren ~ ~ 5 ro !5 ye='""'' ~d ~ r WHEREAS , a study by the National Highway Traffic Safety Administration concluded children are safer in the back seat; and WHEREAS , airbags are lifesaving devices . but special precautions must be taken when driving childre n in airbag equipped vehicles ; and WHEREAS , injuries to childre n can be prevented by foll owing simple guidelines such as , whenever possibl e. the childre n a re seated in the back seat of the vehicle and secure ly buckled in a seat belt; and WHEREAS , the Optimist International Child Program "Always Buckle Children in the Back Seat" r a ises co mmunity a ware n ess of the need to safely place children in cars ; and WHEREAS , Optimist Clubs and their are committed to make a difference for childre n in the co mmunity with this e xciting n e w program; f.V'W! WHEREAS , it is a ppropriate to recognize the members of the Optimist Clubs for this commitment to the we ll -being of children; NOW THEREFORE , I. Thomas J . Bums, Mayor of the City of Englewood , Colorado, h e r e by proclaim the week of April 19 -25, 1998 as : ALWAYS BUCKLE CHILDREN IN THE BACKSEAT WEEK in the Cit y of Englewood, Colorado.1 I urge all of our citizens to join with the Optimist Clubs in carrying the message of safety lr our children to other citizens and , by example, to e xe rci se r espon s ible citizenship. GIVEN unde r m y hand and seal this 20th day of April , 1998. Thomas J . Burns, Mayor , - Ba ?~·nteo 1n A.ec yciea ou,er. ~ • I 0 C • • • 0 - ~~ WHEREAS , mow, .eh,de .. :.: :: ~h: :.:,:: ~.: of de"h fo, ehild,eo ~ ~ 5 to 15 years of age; and ~ r WHEREAS, a study by the National Highway Traffic Safety Administration concluded children are safer in the back seat; and WHEREAS , airbags are lifesaving devices, but special precautions must be taken when driving children in airbag equipped vehicles ; and WHEREAS , injuries to children can be prevented by following simple guidelines such as, whenever possible , the children are seated in the back seat of the vehicle and securely buckled in a seat belt; and WHEREAS , the Optimist International Child Program "Always Buckle Children in the Back Seat" raises community awareness of the n eed to safely place children in cars; and WHEREAS, Optimist Clubs and their are committed to make a difference for children in the community with this exciting new program ; WHEREAS , it is appropriate to recognize the members of the Optimist Clubs for this commitment to the well-being of children; NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood , Colorado , here by proclaim the week of April 19 · 25, 1998 as : ALWAYS BUCKLE CIIlLDREN IN THE BACK SEAT WEEK in the City of Englewood, Colorado . I urge all of our citizens to join with the Optimist Clubs in carrying the message of safety for our children to other citizens and, by example, to exe rcise respon s ible citizenship. GIVEN under my hand and seal this 20th day of April , 1998 . ,. - ?nn1e d on Aecycted Paper,~ I 0 ' - '') fllOOI' OF PUIIUCA110N 'THI ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE .. I, Gerard J. ~solemnly•- that I am the and Publ..._ of the ENGLEWOOD HERALD; that the same is a -'<ly newspaper pub- lished in the City of Littleton in the County of .,...hoe, Stata of Col- orado, and has a general circulation ther9in; that said newspaper hu been ~ contlnuoUaly and rilllffllPt- .., in aald County of Arllpalloe tor a pwlod of more than 52 weeks prior to the llrat publication of lhe annemd no- tloe; that aald ne~ is _.... In the Poat Ofllce of UlllelDn, Colcnllo. • Second Class Mau matt. and that the aaid ne-paper is a newspaper within the meaning of the act of the General ~ of the ..... of Col- ..... approved March 30, 1923, and enllled "Legal NollNe and ~ inenta• and other acts relating to the pl1nllng and publishing of legal noclcN and _. published in the regular and entire iNuN of said newspaper, once each week. on lhe ume day of each WNk. for a period of L conaecutlve inaertlona and that the first publication of Aid notice WU In 7!/rn:~ .. •. • • - crrvOF1;~ ____ , .... ~ ,.. .. . , • . • • 0 , __ --• - - • • • , . • (, \. COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-98-01 Comprehensive Zoning Ordinance Amendment - April 20, 1998 9a Landscaping Standards Initiated By Staff Source Tricia Langon, Neighborhood and Business Development Neighborhood and Environmental Technician COUNCIL GOAL AND PREVIOUS COUNCIL AC110N Council considered the proposed amendments to the Landscaping Standards of the Englewood Comprehensive Zoning Ordinance on first reading on March 2, 1998. Council set the public hearing date for April 20, 1998. Council held a study session on March 30, 1998 to review the proposed amendments. Council discussed a comparison of the current and proposed ordinance. Council directed staff to clarify language in two sections and the add language regarding landscape area requirements for public facilities. Suggested motions to amend these areas are attached to this report. RECOMMENDED ACTION Staff recommends that Council consider motions to amend the proposed ordinance per attachment. Staff further recommends City Council consider testimony during Public Hearing on the proposed Comprehensive Zoning Ordinance amendment. BACKGROUND, ANALYSIS, AND AL TERNAT1VES IDENTIFIED Englewood Planning and Zoning Commission requested review of the current ordinance and preparation of revisions focused on "greening• the City. The ordinance is intended to provide minimum landacaping quality and quantity standards, fair and equitable administration of requirements and enhance the quality of life in the City. The proposed ordinance is applicable to all properties in the City of Englewood and was approved by the Planning Commission on February 3, 1998, following a public hearing. Notice of public hearing before Council was published in the Enqiewood Herald March 6, 1998. FINANCIAL IMPACT No fi nancial impact to the C ity . UST OF ATTACHMENTS Suggested revisions to Landscaping Standards Ordinance amendments Proposed Bill for Ordinance •. . . "' - • . .. • • 0 • 0 • Landscapin& Standards Ordinance Suggested Revisions At study session on Man::h 30, 1998, Council directed staff' to prepare the following three revisions to the proposed Landscaping Standards Ordinance amendments: Ameadmeat to Secdon F. Geaenl Reqlliraaatl: Amend as follows: S. All landscaped OFF-STREET PARKING areas lllj111111 te u1hi111llr uw shall be protected from vehicular tlaflic: by concrete curbing or other devices acceptable to the City which prohibit vebicullr access to and encroachment upon these areas; Ameadmeat to Sectioa L Plaatiq Criteria: Amend a follows: 6. Shrubs and other plant materials with thorns, spines, seed pods or large fruits shall not be pcnnitted within ten feet (10') of sidewalks ar ether p11i1111N111 uw. Ameadment to Section D. Landscaped Area Requirements: Addition of the following clause: l.f. WATER, WASTEWATER TREATMENT AND OTIIER SIMILAR LARGE- SCALE PUBLIC FACILITIES; WHERE COMPLIANCE TO DISTRICT ZONE REQUIREMENTS MAY NOT BE FEASIBLE OR PRACTICAL, AN ALTERNATIVE COMPLIANCE PLAN MAY BE SUBMITTED . At study session Council also discussed the following two issues and determined they would be addressed at the public hearing : 16-5-26 D I e : PUD district landscaping requirements shall be detcnnined on a cue-by-cue basis. Consideration shall be given to the type of development use. PUD llnd1c:1pc requirements shall be guided by requirements established for similar developments in similar zone districts. 16-5-26 R3 : Property owner and tenant ere responsible for landscape maintenance and usociated liabilities . ·. --.-........ :-:.!. ~ .. - ..... .. •· • 0 ]- • 0 ,~ • BY AUTHORITY ORDINANCE NO. _ SERIES OF 1998 COUNCIL BILL NO . 13 INTRODU~Y.CUCIL MEMBER 411! A BILL FOR AN ORDINANCE AMENDING TITLE 16, BY REPEALING TITLE 16, CHAPTER 4, SECTION 18, ENTITLED LANDSCAPE ORDINANCE; ENACTING A NEW TITLE 16, CHAPTER 5, SECTION 26, ENTITLED LANDSCAPING STANDARDS; AND AMENDING TITLE 16, CHAPI'ER 8, SECTION 1, BY THE ADDfflON OF SEVERAL DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City wishes to enhance the aesthetic appearance of development in the City by providing standards relating to quality, quant.ity, maintenance and functional aspects of landscaping; and WHEREAS , landscaping aids in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, storm water runoff reduction and ground water recharge and encourages water conservation through water conserving devices and xeriscape principles; and WHEREAS, landscaping reduces the noise, heat and glare generated by development; and WHEREAS, landscaping standards help to protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, screening incompatible land uses, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety; and WHEREAS, the Planning and Zoning Commission recommended City staff research and prepare landscaping standards that would focus on •greening" the City and provide minimum standards of quality and quantity cooaiateot with •imilar communities within the metropolitan area; and WHEREAS, the Planning and Zoning Commission reviewed the proposed modifications to the Landscape Standards and recommends the pauage of this Ordinance; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on February 3 , 1998; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . The City Council of the City of Englewood, Colorado hereby approves amending Title 16, of the Englewood Municipal Code 1985, by repealing Title 16 , Chapter 4 , Section 18 , entitled Landscape Ordinance and enacting a new Title 16, Chapter 5, Section 26, e ntitled Landscaping Standards, which shall read u follows : -I - ' ,,,_ • . I • • 0 , - - • • , . • 16-5-28: LANDSCAPING STANDARDS: A . PURPOSE: THIS SECTION ESTABLISHES LANDSCAPE STANDARDS FOR NEW DEVELOPMENT AND FOR REDEVELOPING PROPERTIES IN ORDER TO ENHANCE, IMPROVE, PROTECT AND PRESERVE THE APPEARANCE, CHARACTER AND VALUE OF SUCH PROPERTIES AND THEIR SURROUNDING NEIGHBORHOODS . THIS SECTION IS FURTHER INTENDED TO : 1. ENHANCE THE AESTHETIC APPEARANCE OF DEVELOPMENT IN THE CITY BY PROVIDING STANDARDS RELATING TO QUALITY , QUANTITY, MAINTENANCE AND THE FUNCTIONAL ASPECTS OF LANDSCAPING; 2 . AID IN STABILIZING THE ENVIRONMENT'S ECOLOGICAL BALANCE BY CONTRIBUTING TO THE PROCESSES OF AIR PURIFICATION, OXYGEN REGENERATION, STORM WATER RUNOFF REDUCTION AND GROUND WATER RECHARGE, AND TO ENCOURAGE WATER CONSERVATION THROUGH WATER CONSERVING DEVICES AND XERISCAPE PRINCIPLES ; 3. REDUCE THE NOISE , HEAT AND GLARE GENERATED BY DEVELOPMENT; AND 4. PROTECT PUBLIC HEALTH , SAFETY, AND WELFARE BY MINIMIZING THE IMPACT OF ALL FORMS OF PHYSICAL AND VISUAL POLLUTION, SCREENING INCOMPATIBLE LAND USES , PRESERVING THE INTEGRITY OF NEIGHBORHOODS , AND ENHANCING PEDESTRIAN AND VEHICULAR TRAFFIC AND SAFETY. 8 . APPI.JCABII.lff: THIS SECTION SHALL APPLY TO ANY DEVELOPMENT LOCATED WITHIN THE CITY OF ENGLEWOOD AT SUCH TIME AS AN APPLICATION IS IIADE FOR ANY OF THE FOLLOWING : 1. A BUILDING PERMIT FOR A NEW STRUCTURE ; 2. A BUILDING PERMIT FOR EXISTING STRUCTURES THAT RESULTS IN THE EXPANSION OR INCREASE OF THE GROSS FLOOR AREA AND/OR OFF-STREET PARKING AREA BY FIFTEEN PERCENT (15~) OR MORE , OR A TOTAL OF FIVE HUNDRED SQUARE FEET (500 SQ .') GROSS FLOOR AREA, WHICHEVER IS GREATER; 3. A SITE PLAN ; OR 4. A REZONING OF PROPERTY . -2- .,,. - • . ' .. • • . -l ''It, , -• • • 5. THIS SECTION SHALL NOT APPLY WHERE A BUILDING PERMIT IS ISSUED FOR THE RESTORATION, WITHIN TWELVE (12) MONTHS, OF A BUILDING THAT HAS BEEN DAMAGED OR DESTROYED BY FIRE, EXPLOSION, STORM OR ACCIDENT OF ANY KIND, UNLESS SUCH RESTORATION EXCEEDS THE EXPANSION PROVISIONS OF E.M.C. 16-5-26-8-2 ABOVE . C . LANDSCAPE PLAN REQUIREMENT: A LANDSCAPE PLAN SHALL BE REQUIRED AS PART OF A BUILDING PERMIT, SITE PLAN, AND/OR REZONING APPLICATION AS DEFINED IN E .M.C. 16-5-26-8 APPLICABILITY. THE LANDSCAPE PLAN SHALL MEET THE INTENT OF THIS SECTION BY EXHIBITING A COMPREHENSIVE DESIGN PROGRAM IN TERMS OF MATERIALS, LOCATION, SIZE/SCALE, FUNCTION, THEME, AND SIMILAR ATTRIBUTES. LANDSCAPE PLANS SHALL BE REVIEWED BY THE CITY T 0 DETERMINE WHETHER THEY MEET THE REQUIREMENTS OF THIS SECTION. THE TIME PERIODS ALLOWED FOR REVIEW SHALL BE THE SAME AS THOSE FOR SITE PLANS . LANDSCAPE PLANS SHALL BE DRAWN TO A MINIMUM SCALE OF ONE INCH (1") TO FIFTY FEET (50') AND SHALL PROVIDE THE FOLLOWING INFORMATION: 1. DATE, GRAPHIC AND WRITTEN SCALE, NORTH ARROW, NAME AND LOCATION OF THE DEVELOPMENT, AND THE NAME(S) OF THE OWNER, NAME, ADDRESS AND PHONE NUMBER OF THE PERSON/FIRM PREPARING THE PLAN, AND THE NAME OF THE CONTACT PERSON FOR THE PROJECT; 2 . THE LOCATIONS AND DIMENSIONS OF ALL PROPERTY LINES, PROPOSED TOPOGRAPHIC CONTOURS, ADJACENT STREETS AND RIGHTS-OF-WAY, SIGNIFICANT DRAINAGE FEATURES, BUILDINGS AND STRUCTURES, OFF-STREET PARKING , LOADING AND VEHICULAR USE AREAS, DRIVEWAYS, UNDERGROUND AND/OR OVERHEAD UTILITY LINES, EXISTING AND PROPOSED WATER METER PITS AND WATER VALVES , AND TRAFFIC SIGHT DISTANCE TRIANGLES; 3 . THE LANDSCAPE PLAN SHALL ALSO ADDRESS THE RELATIONSHIP BETWEEN THE DRAINAGE OF LANDSCAPED AREAS AND THE DRAINAGE OF THE REMAINING FEATURES OF THE SITE; 4 . THE LANDSCAPED AREAS ON THE SITE, INCLUDING: A LOCATIONS, DIMENSIONS AND SQUARE FOOTAGE OF ALL LANDSCAPED AREAS ; 8 . TYPES OF LANDSCAPE MATERIALS <I .E . GRASS , SHRUBS, GROUNDCOVEll, TREES, ETC .); C . THE SPECIES, NUIOIEll, CALIPEJl AND LOCATIONS OF ALL REQUIRED PLANTINGS; -3- • • • 0 ' - ! , .... , '1 I ]- • • t• • D. THE SPECIES , LOCATION AND CALIPER OF ANY EXISTING PLANT MATERIALS TO BE PRESERVED ; E . THE LOCATION, SIZE AND TREATMENT OF ALL NON- LIVING LANDSCAPING ; 5 . A DESCRIPTION OF PROPOSED IRRIGATION METHODS ; 6 . A DESCRIPTION OF HOW EXISTING TREES, WHICH ARE PROPOSED TO BE PRESERVED , WILL BE PROTECTED DURING SITE PREPARATION AND CONSTRUCTION; 7. A PLANT SCHEDULE WITH BOTANICAL SPECIES, COMMON NAME , SIZE INSTALLED, TOTAL QUANTITY PROVIDED; 8 . PLANTING NOTES TO INCLUDE BUT NOT LIMITED TO : UTILITY PROTECTION, DAILY CLEAN-UP OF RIGHT-OF-WAYS , GUARANTEES, MAINTENANCE, SOIL AMENDMENTS; 9 . IN SITUATIONS WHERE IT CAN BE DOCUMENTED THAT EXISTING LANDSCAPING MEETS OR EXCEEDS THE TOTAL LANDSCAPE REQUIRED , THE CITY MAY WAIVE THE LANDSCAPE PLAN SUBMISSION REQUIREMENT . D . LAND8CAPED AREA REQUIREMENT: PROPERTIES SHALL PROVIDE A MINIMUM LEVEL OF AREA LANDSCAPING AS FOLLOWS, EXCEPT AS MAY BE PERMITTED IN ACCORDANCE WITH E.M.C . 16-5-26-D-2, (SOUTH BROADWAY CORRIDOR PROPERTIES), OR E.M .C . 16-5-26-E, (ALTERNATIVE COMPLIANCE ). 1 . ZONE DISTRICT REQUIREMENTS : A . ALL ZONE DISTRICTS : 1) SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED AND TWO-FAMILY USES : ONE HUNDRED PERCENT (lOO'I>) OF THE FRONT SETBACK AREA AND NO LESS THAN FORTY PERCENT (40'lli) OF THE LOT AREA, EXCLUSIVE OF DRIVEWAY, SHALL BE LANDSCAPED ; 2 ) MULTI -FAMILY USES : AT LEAST TWENTY-FIVE e PERCENT (25 %) OF THE TOTAL SITE SHALL BE LANDSCAPED . • B . RESIDENTIAL DISTRICTS : 1) NON -RESIDENTIAL USES; A MINIMUM OF TWENTY- FIVE PERCENT (25'.i-l OF THE TOTAL SITE SHALL BE LANDSCAPED . C . BUSINESS DISTRICTS , A MINIMUM OF FlnEEN PERCENT (15%) OF THE TOTAL SITE SHALL BE LANDSCAPED . -4 - • . .. • • C I ,,"' I - - • 0 • D . INDUSTRIAL DISTRICTS ; A MINIMUM OF FIFTEEN PERCENT (15%) OF THE TOTAL SITE SHALL BE LANDSCAPED . E . PUD DISTRICT LANDSCAPING REQUIREMENTS SHALL BE DETERMINED ON A CASE-BY-CASE BASIS . CONSIDERATION SHALL BE GIVEN TO THE TYPE OF DEVELOPMENT USE . PUD LANDSCAPE REQUIREMENTS SHALL BE GUIDED BY REQUIREMENTS ESTABLISHED FOR SIMILAR DEVELOPMENTS IN SIMILAR ZONE DISTRICTS . 2 . SOUTH BROADWAY CORRIDOR PROPERTIES: REDEVELOPING PROPERTIES FRONTING ON SOUTH BROADWAY SHALL BE REQUIRED TO PROVIDE NO LESS THAN A MINIMUM OF TEN PERCENT (10%) OF THE TOTAL SITE TO LANDSCAPING UPON COMPLETION OF THE REDEVELOPMENT , RENOVATION , AND/OR EXPANSION OF THE EXISTING DEVELOPMENT. LANDSCAPING SHALL BE REQUIRED IN THE FRONT YARD AREA . IN CASES WHERE THE LANDSCAPING PROVISION MAY NOT BE PRACTICAL DUE TO EXISTING AREA CONDITIONS, AN ALTERNATIVE COMPLIANCE PLAN MAY BE CONSIDERED BY THE CITY. PROPERTIES DEVELOPING BETWEEN AND INCLUDING THE 3200 TO 3600 BLOCKS OF SOUTH BROADWAY ARE ENCOURAGED TO DEVELOP WITH TRADITIONAL, COMMERCIAL PATTERNS ESTABLISHED WITHIN THOSE BLOCKS . 3 . MULTIPLE-ZONED PROPERTIES : WHERE ONE PROPERTY IS COMPOSED OF MORE THAN ONE WNE DISTRICT THE LANDSCAPE REQUIREMENTS OF THE MORE RESTRICTIVE ZONE, AS PROVIDED IN THIS CHAPl'ER, SHALL APPLY. SHOULD THE LANDSCAPE AREA REQUIREMENTS BE IMPRACTICAL, THE CITY MAY CONSIDER ALTERNATIVE COMPLIANCE PLANS . E . ALTERNATIVE COMPLIANCE: IN CASES WHERE THE PERCENTAGE OF REQUIRED LANDSCAPING MAY NOT BE PRACTICAL OR FEASIBLE, THE APPLICANT MAY CONSIDER AN ALTERNATIVE COMPLIANCE LANDSCAPE PLAN . ALTERNATIVE COMPLIANCE IS A PROCESS THAT ALLOWS MODIFICATIONS TO EXISTING REGULATIONS DUE TO UNIQUE SITE CONDITIONS . THE PROPOSED PLAN MUST EQUAL OR EXCEED EXISTING REQUIREMENTS . 1. ALTERNATIVE COMPLIANCE LANDSCAPE PLAN CRITERIA: UNDER THE SPECIFIC CONDITIONS LISTED BELOW , THE CITY MAY REVIEW AND APPROVE AN ALTERNATIVE COMPLIANCE LANDSCAPE PLAN UPON DETERMINING THAT SUCH PLAN MEETS THE GENERAL INTENT AND PURPOSE OF THIS SECTION : A . THE PROPERTY HAS UNIQUE NATURAL FEATURES SUCH AS TOPOGRAPHY , GEOLOGICAL CHARACTERISTICS, WATER FEATURES, OR SIGNIFICANT EXISTING LANDSCAPING ; -5- ' •. .. "' •· • 0 ' l" . . . 1 I - • • t• • B . THE PROPERTY CONSISTS OF PECULIAR-SHAPED LOTS ; OR C . THE PROPERTY HAS SPACE LIMITATIONS WHICH EXIST AS A RESULT OF THE LOCATION OF EXISTING STRUCTURES, PAVED AREAS AND OTHER BUILT FEATURES. 2 . FEE-IN-LIEU: ONLY AFTER IT HAS BEEN DETERMINED BY THE CITY THAT AN ALTERNATIVE COMPLIANCE PLAN IS NOT PRACTICAL OR FEASIBLE, A FEE-IN-LIEU EQUIVALENT MAY BE CONSIDERED AS PART OF AN OVERALL SITE PLAN APPLICATION . THE FEE-IN-LIEU SHALL BE CALCULATED TO BE AN AMOUNT EQUIVALENT TO ONE AND 15/100 DOLLARS ($1.15) PER SQUARE FOOT OF TOTAL REQUIRED LANDSCAPED AREA THIS FEE SHALL BE PAID TO THE ENGLEWOOD GENERAL FUND AND AN ACCOUNTING SHALL BE MADE FOR LANDSCAPING AND BEAlITIFICATION OF PUBLIC AREAS AS DETERMINED BY THE CITY COUNCIL. FEE-IN-LIEU SHALL NOT APPLY TO NEW DEVELOPMENT IN ANY ZONE DISTRICT . FEE-IN-LIEU SHALL APPLY ONLY TO REDEVELOPMENT, RENOVATION, REMODEL, OR EXPANSION TO THE FOLLOWING ZONE DISTRICTS AND/OR USES: B-1 , B-2 , I-1, I-2 AND NON-RESIDENTIAL USES IN R-3 AND R-4 ZONE DISTRICTS . F . GENERAL REQUIREMENTS : LANDSCAPED AREAS SHALL MEET THE FOLLOWING GENERAL REQUIREMENTS : 1. LANDSCAPED AREAS SHALL INCLUDE A COMBINATION OF THE FOLLOWING TYPES OF LMNG PLANT MATERIALS : TREES, SHRUBS, ANNUAL AND/OR PERENNIAL PLANTS , VINES , GRASS , AND/OR GROUND COVER. NON-LIVING, DURABLE MATERIALS COMMONLY USED IN LANDSCAPING, SUCH AS , BUT NOT LIMITED TO, WOOD MULCHES, ROCKS, PEBBLES, SAND, WATER FEATURES , DECORATIVE PAVED SURFACES, EXCLUDING ASPHALT OR NON-PATTERNED CONCRETE , MAY ALSO BE USED IN LANDSCAPED AREAS ; 2. PERVIOUS, DECORATIVE PAVING MATERIALS AND BRICK PAVERS MAY BE INCLUDED IN THE FORM OF WALKWAYS OR DRIVEWAYS THROUGH LANDSCAPED AREAS; HOWEVER , OFF- STREET PARKING AREAS PAVED WITH SUCH MATERIALS SHALL NOT BE CONSIDERED AS LANDSCAPED AREAS ; 3. THE USE OF NON-LMNG MATERIALS SHALL NOT EXCEED THIRTY-FIVE PERCENT (35%) OF THE TOTAL LANDSCAPED AREA ; 4. ALL LANDSCAPED AREAS SHALL HA VE AN APPROVED IRRIGATION SYSTEM; -6- ..... .. •· • C I -• 0 ~· . • ' 5. ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR AREAS SHALL BE PROTECTED FROM VEHICULAR TRAFFIC BY CONCRETE CURBING OR OTHER DEVICES ACCEPTABLE TO THE CITY WHICH PROHIBIT VEHICULAR ACCESS TO AND ENCROACHMENT UPON THESE AREAS ; 6. A LANDSCAPED AREA SHALL HA VE A MINIMUM DIMENSION OF THREE FEET (3') ON ANY SIDE; 7. ALL WATER METER PITS AND/OR WATER VALVE BOXES SHALL BE MAINTAINED AT FINISHED GROUND LEVEL AND PROVISION SHALL BE MADE TO INSURE THAT THEY REMAIN AT GRADE , VISIBLE AND READILY ACCESSIBLE FOR EASY OPERATION , MAINTENANCE AND REPAIR; 8. AT MATURITY , A MINIMUM CLEARANCE OF THREE FEET (3') SHALL BE REQUIRED BETWEEN ALL TREES, SHRUBS AND/OR LANDSCAPING FEATURES AND FIRE DEPARTMENT SPRINKLER CONNECTIONS, FIRE HYDRANTS AND/OR ALARM NOTIFICATION DEVICES ; AND 9. NO ARTIFICIAL TREES , SHRUBS, TURF OR PLANTS OR OTHER NON -LIVING PLANT MATERIALS SHALL BE USED TO FULFILL THE LIVING PLANT MATERIAL REQUIREMENTS OF THIS SECTION. G . LANDSCAPING IN OFF-STREET PARKING AREAS: LANDSCAPING OF OFF-STREET PARKING AREAS IS INTENDED TO IMPROVE THE AESTHETIC APPEARANCE OF PARKING LOTS AND TO PROTECT AND PRESERVE THE APPEARANCE , CHARACTER AND VALUE OF SURROUNDING PROPERTY. IF A SITE WHICH IS SUBJECT TO THIS SECTION INCLUDES AN OFF-STREET PARKING AREA, THE FOLLOWING SHALL APPLY: 1. LANDSCAPING IN OFF-STREET PARKING AREAS SHALL BE COUNTED TOWARD THE MINIMUM TOTAL LANDSCAPING REQUIRED ; 2. LANDSCAPED PERIMETERS , ISLANDS , MEDIANS , OR PENINSULAS SHALL HAVE A MINIMUM DIMENSION OF THREE FEET (3') ON ANY SIDE; 3. INTERIOR LANDSCAPING OF OFF-STREET PARKING AREAS SHALL SERVE THE PURPOSES OF AESTHETICALLY BREAKING UP PAVEMENT AND GUIDING THE CIRCULATION OF VEHICLES AND PEDESTRIANS WITHIN THE PARKING LOT . AT LEAST TEN PERCENT (10%) OF THE INTERIOR OF A PARKING LOT SHALL BE LANDSCAPED IF THE LOT CONTAINS MORE THAN TWENTY (20 ) PARKING SPACES OR IS MORE THAN SIX THO USAND SQUARE FEET (6 ,000') IN AREA ; -7- ,. ~ .. •· • 0 , -• . , . • '· 4. THE PERIMETER OF ALL OFF-STREET PARKING AREAS ADJACENT TO THE PUBUC RIGHT-OF-WAY SHALL BE LANDSCAPED REGARDLESS OF LOT SIZE OR NUMBER OF PARKING SPACES. PERIMETER LANDSCAPING AT THE ALLEY IS ENCOURAGED; 5. ALL PERIMETER AND INTERIOR LANDSCAPING SHALL COMPLY WITH TRAFFIC SIGHT DISTANCE TRIANGLE REQUIREMENTS AS DETERMINED BY THE CITY TRAFFIC ENGINEER; 6 . INTERIOR LANDSCAPING REQUIREMENTS OF THIS SUBSECTION SHALL NOT APPLY TO OUTDOOR DISPLAY AREAS, 7 . IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF TYPES OF DEVELOPMENTS AND PARKING CONFIGURATIONS ASSOCIATED WITH THEM, MINOR DEVIATIONS MAY BE GRANTED BY THE CITY, WHENEVER SUCH DEVIATIONS ARE MORE UKELY TO SATISFY THE INTENT OF THIS SECTION. H . I.AND8CAPE IIIA'l'EIUAL BBQUDIBIIENT8: AT LEAST ONE (1) TREE AND FIVE (5) SHRUBS SHALL BE PROVIDED PER SEVEN HUNDRED AND FIFTY SQUARE FEET (750 SQ.') OF LANDSCAPED AREA REQUIRED BY THE PROVISIONS OF THIS SECTION. SHOULD THE LANDSCAPED AREA BE LESS THAN ONE THOUSAND SQUARE FEET (1,000 SQ.'), A MINIMUM OF TWO (2) TREES AND TEN (10) SHRUBS SHALL BE REQUIRED . THE PLANTING OF TREES AND SHRUBS SHALL COMPLY WITH THE FOLLOWING INSTALLATION REQUIREMENTS : 1. LANDSCAPE AREAS SHALL HAVE PLANT MATERIAL SELECTED AND PLANTING METHODS USED WHICH ARE SUITABLE FOR THE son. AND CLIMATIC CONDfflONS OF THE REGION AND THE SPECIFIC REQUIREMENTS OF THE SITE. SIZES OF THE PLANT MATERIALS SHALL CONFORM TO THE FOLLOWING MIX : TREES : 50'Jf,, 2" CAUPICll DECIDUOUS OR 6 FOOT TALL EVERGREEN 50'Jf,, 3" CAUPICll DECIDUOUS OR 8 FOOT TALL EVERGREEN SHRUBS: lOO'll,, 5 GALLON GROUNDCOVER: lOO'lf,, 1 GALLON SPACED FOR COVERAGE WITHIN 2 YEARS 2 . TREES SHALL BE OF A LONG-UVED AND CLEAN CIIABACTER. FURTHER THEY SHALL REQUIRE LITTLE MAINTENANCE, BE STRUCTURALLY STRONG, INSECT AND DISEASE RBSISTANT , AND REQUIRE LITTLE PRUNING. -8 - • I •. • • 0 - " -• . ,~ • • 3 . ALL ROCKS AND STONES USED IN LANDSCAPED AREAS SHALL BE A MINIMUM OF 3/8 INCHES IN SIZE, AND INSTALLED TO A MINIMUM DEPl'H OF TWO INCHES (2") OR AS NECESSARY TO ADEQUATELY COVER THE AREA. 4 . MINIMUM MULCH DEPl'H SHALL BE FOUR INCHES (4"). 5 . THE FOLLOWING SPECIES SHALL BE PROHIBITED : BOX ELDER (ACER NEGUNDO ), COTTONWOOD (FEMALE POPULUS DELTOIDES), SIBERIAN ELM (ULMUS PUMILA). 6 A WATER PERMEABLE LANDSCAPE FABRIC SHALL BE REQUIRED IN ALL SHRUB BEDS . 7 . ALL GRASSED OR BED AREAS SHALL BE AMENDED WITH A MINIMUM OF THREE (3 ) CUBIC YARDS OF ORGANIC MATTER (COMPOST) PER ONE THOUSAND SQUARE FEET (1,000') OF AREA . ORGANIC MATTER SHALL BE TILLED INTO THE SOIL TO A MINIMUM DEPl'H OF 4-6 INCHES (4"-6"). 8 . CLUMP OR MULTI-STEM TREES SHALL BE CONSIDERED AS A UNIT; THAT IS , AS ONE (1) TREE. I. CREDrr FOR PRESERVATION OF EIJ8'l1NG 'l1tEES: APPLICANTS MAY RECEIVE CREDIT TOWARDS THE TREE REQUIREMENTS OF E.M.C . 16-5-3-H BY THE PRESERVATION OF EXISTING TREES, AS OUTLINED IN THE FOLLOWING SCHEDULE : l TREE, 2" TO 6" CALIPER l TREE, >6" TO 12" CALIPER l TREE, >12" TO 15" CALIPER l TREE, GREATER THAN 15" CALIPER l 2 3 4 THE FOLLOWING CONDITIONS MUST BE MET IN ORDER FOR THESE TREE CREDITS TO APPLY : l. EACH EXISTING TREE SHALL BE IN A HEALTHY AND GROWING CONDITION ; DEAD LIMBS AND BRANCHES SHALL BE PRUNED; 2 . BEFORE SITE PREPARATION AND DURING CONSTRUCTION, EACH EXISTING TREE SHALL BE PROTECTED BY THE PLACEMENT OF A BARRIER AROUND THE AREA OUTSIDE THE DRIP LINE OF THE TREE CANOPY; 3 . A MINIMUM OF SEVENTY-FIVE PERCENT (75 %) OF THE AREA BELOW THE DRIP LINE OF AN EXISTING TREE SHALL BE MAINTAINED AS A PERMANENT, LANDSCAPED AREA AT THE UNDISTURBED GRADE WHICH EXISTED PRIOR TO SITE DEVELOPMENT UNLESS SPECIAL PROVISIONS ARE MADE FOR THE PROTECTION AND SURVIVAL OF THE TREE . SUCH SPECIAL PROVISIONS , INCLUDING BUT NOT LIMITED TO THE USE OF PERMEABLE PAVING MATERIALS, SHALL BE SUBJECI' TO THE APPROVAL OF THE CITY. -9 - •. .. •· • 0 , • . , . •, • 4 . SHOULD ANY TREE FOR WHICH CREDIT IS RECEIVED UNDER THE PROVISIONS OF THIS SUBSECTION DIE AT ANY TIME, THE OWNER SHALL, WITHIN NINETY C90) DAYS, REPLACE THE TREE WITH THE EQUIVALENT SPECIES OR A TREE WHICH WILL OBTAIN THE SAME HEIGHT, SPREAD AND GROWTH CHARACTERISTICS . THE REPLACEMENT TREE SHALL HAVE A MINIMUM CALIPER OF THREE INCHES ca·) WHEN PLANTED . 5. NO CREDIT SHALL BE ALLOWED FOR PROHIBITED SPECIES. J . LANDSCAPING WITHIN PUBLIC RIGHT.OF-WAY: 1 . LANDSCAPING REQUIRED: THE UNPAVED PORTIONS OF THE PUBLIC RIGHT-OF-WAY ABUTl'ING A STREET SHALL BE LANDSCAPED . CORNER L01'S SHALL LANDSCAPE FRONT AND SIDE RIGHT-OF-WAY AREAS . THIS LANDSCAPING SHALL CONTAIN A MINIMUM OF ONE Cl) TREE OF AT LEAST THREE INCHES ca·> CALIPER FOR EVERY THIRTY FEET C30') OF FRONTAGE . SHOULD TOTAL STREET FRONTAGE BE LESS THAN THIRTY FEET (30'), A MINIMUM OF ONE Cl) TREE IS REQUIRED. LANDSCAPING WITHIN THE PUBLIC RIGHT-OF- WAY SHALL BE COUNTED AS PART OF THE TOTAL LANDSCAPING REQUIREMENT, PROVIDED, HOWEVER, THAT SUCH CREDIT SHALL NOT EXCEED ONE-HALF (lfJ) OF THE REQUIRED LANDSCAPED AREA OF THE SITE. 2. RESTRICTIONS: A . SHRUBS AND OTHER SIMILAR LOW-GROWING LANDSCAPE MATERIALS WHICH MAY EXCEED TWO FEET (2') IN HEIGHT SHALL NOT BE INSTALLED IN THE SIGHT DISTANCE TRIANGLE. B . THE CITY SHALL NOT BE RESPONSIBLE FOR THE MAINTENANCE OF LANDSCAPING INSTALLED IN PUBLIC RIGHT-OF-WAY , NOR SHALL THE CITY BE RESPONSIBLE FOR THE REPLACEMENT OF LANDSCAPE MATERIALS WHICH MUST BE REMOVED DURING THE REPAIR OR MAINTENANCE OF UTILITIES OR OTHER PUBLIC IMPROVEMENTS . C . UNDERGROUND SPRINKLER SYSTEMS SHALL NOT BE INSTALLED WITHIN STREET RIGHT-OF-WAY, EXCEPT UPON WRITTEN AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNER UPON TERMS AND CONDITIONS SET BY THE CITY WHICH SHALL INCLUDE AN ACKNOWLEDGMENT BY THE OWNER THAT NO COMPENSATION SHALL BE PAID TO OWNER FOR ANY DAMAGES TO OR RELOCATION COSTS OF THE SPRINKLER SYSTEM RESULTING FROM FUTURE PUBLIC WORK WITHIN THE RIGHTS-OF-WAY . -I 0- .. • • 0 , I • • • • D . TREES PLANTED NEAR PUBLIC CURBS AND ATTACHED SIDEWALKS SHALL BE SLOWER-GROWING SPECIES, HAVE A LIMITED ROOT STRUCTURE AND SHALL BE INSTALLED WITH A ROOT BARRIER SYSTEM AS TO PREVENT PHYSICAL DAMAGE TO SIDEWALKS , CURBS, GUTTERS AND OTHER PUBLIC IMPROVEMENTS . E . WHERE TREES ARE PLANTED IN PAVED AREAS , THEY SHALL HA VE A PROTECTIVE TREE GRATE . TREE GRATES SHALL BE CAST IRON , ALUMINUM AND/OR OTHER ACCEPTABLE TREE GRATE MATERIAL . A ROOT BARRIER SYSTEM SHALL BE USED . F . USE OF SHRUBBERY AND VINES SHALL BE ENCOURAGED ALONG ALL WALLS AND FENCES ADJOINING PUBLIC RIGHTS -OF-WAY . G . PLANTS SHALL NOT BY THEIR GROWTH HABITS OBSTRUCT , RESTRICT OR CONFLICT WITH THE SAFE USE OF ANY ROADWAY , SIDEWALK, ALLEY OR UTILITIES . K . SCREENING REQUIREMENTS: LANDSCAPE SCREENING IS INTENDED TO PHYSICALLY BUFFER AND VISUALLY SHIELD ADJACENT LAND USES THAT ARE NOT FULLY COMPATIBLE . 1 . EVERY DEVELOPMENT, SHALL PROVIDE SUFFICIENT SCREENING SO THAT ADJACEl'"T PROPERTIES ARE EFFECTIVELY SHIELDED FROM ANY ADVERSE IMPACTS OF THAT DEVELOPMENT, OR SO THAT THE NEW USE SCREENS ITSELF FROM POTENTIAL IMPACTS FROM USES ALREADY IN OPERATION . 2 . SCREENING SHALL BE REQUIRED BETWEEN THE FOLLOWING LAND USES AND/OR ZONE DISTRICTS: A . RESIDENTIAL USES AND ALL OTHER LAND USES; B . COMMERCIAL AND INDUSTRIAL USES; C . PARKING LOTS AND PUBLIC RIGHT-OF-WAY; AND D . AS DETERMINED BY THE CITY . 3 . SCREENING REQUIREMENTS SHALL BE IN ADDfflON TO LANDS CAPING REQUIREMENTS . 4 . WHENEVER STRUCTURES SUCH AS FENCES OR WALLS ARE USED TO CREATE A SCREEN, PLANTS SHALL BE LOCATED ON THE SIDES OF THE STRUCTURE WHICH ARE VISIBLE FROM ADJACENT RIGHT-OF-WAY ; -11 - "' - .. •· • 0 I -• • 5 . SCREENING CRITERIA: A. SCREENING MAY BE COMPOSED OF A SOLID FENCE , SEMI- OPAQUE LANDSCAPING, OR COMBINATIONS THEREOF; B . SCREENING SHALL BE A MINIMUM OF THREE FEET (3') IN HEIGHT; C . FENCING SHALL COMPLY WITH E .M.C . 16-4-17 ; D . SCREENING SHALL NOT EXTEND INTO THE TRAFFIC SIGHT DISTANCE TRIANGLE ; 6 . IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF TYPES OF DEVELOPMENTS AND THE RELATIONSHIPS BETWEEN THEM, MINOR SCREENING REQUIREMENT DEVIATIONS MAY BE GRANTED BY THE CITY, WHENEVER SUCH DEVIATIONS ARE MORE LIKELY TO SATISFY THE INTENT OF THIS SECTION. L . PLANTING CRITERIA: 1. TREES SHALL BE OF SPECIES WHICH NORMALLY GROW TO A MATURE HEIGHT OF AT LEAST FIFTEEN FEET (15') IN THE DENVER METROPOLITAN AREA. A LIST OF RECOMMENDED TREES FOR ENGLEWOOD MAY BE OBTAINED FROM THE CITY. 2 . TREES OF SPECIES WHOSE ROOTS ARE LIKELY TO CAUSE DAMAGE TO PUBLIC ROADWAYS, SIDEWALKS , OTHER PUBLIC WORKS AND OFF-STREET PARKING FACILITIES, SHALL NOT BE PLANTED CLOSER THAN TWELVE FEET (12') TO SUCH FACILITIES . 3 . TREES, SHRUBS, ANNUAL AND/OR PERENNIAL PLANTS , VINES, GRASS , AND GROUND COVER PLANTED TO MEET THE REQUIREMENTS OF THIS SECTION SHALL BE GOOD , HEALTHY NURSERY GROWN STOCK. 4 . GRASS AREAS SHALL BE PLANTED IN SPECIES NORMALLY GROWN AS PERMANENT LAWNS IN THE DENVER METROPOLITAN AREA . GRASS AREAS MAY BE SODDED , PLUGGED , SPRIGGED OR SEEDED, EXCEPT THAT SOLID SOD SHALL BE USED IN SW ALES OR OTHER AREAS SUBJECT TO EROSION . 5 . ALL PLANTINGS SHALL MEET OR EXCEED STANDARDS ESTABLISHED BY THE COLORADO NURSERY ACT (COLORADO DEPARTMENT OF AGRICULTURE ) AND THE AMERICAN STANDARDS FOR NURSERY STOCK (AMERICAN ASSOCIATION OF NURSERYMEN ). -12- -----' . ' ,., •· • 0 f '. ~. , I - - • 0 t• • 6 . SHRUBS AND OTHER PLANT MATERIALS WITH THORNS , SPINES, SEED PODS OR LARGE FRUITS SHALL NOT BE PF.RMITTED WITHIN TEN FEET (10') OF SIDEWALKS OR OTHER PEDESTRIAN AREAS . 7 . TREES SHALL BE PLANTED SO THAT AT MATURITY THEY DO NOT INTERFERE WITH OVERHEAD UTILITY LINES . M . VISmlLITY: LANDSCAPING SHALL NOT OBSTRUCT THE VISIBILITY OF PEDESTRIANS AND VEHICULAR TRAFFIC AT INTERSECTIONS OR POINTS OF INGRESS AND EGRESS . NO LANDSCAPING WHICH EXCEEDS AN ELEVATION OF THE TOP-OF-CURB PLUS TWO (2) FEET SHALL BE ALLOWED IN SUCH AREAS , EXCEPT FOR SINGLE TRUNK TREES WHICH ARE OF SUCH SIZE AND SO SPACED THAT NO VISIBLE OBSTRUCTION AND/OR TRAFFIC HAZARD IS CREATED . DETERMINATIONS REGARDING VISUAL OBSTRUCTIONS SHALL BE MADE BY THE CITY TRAFFIC ENGINEER. N . WATER CONSERVATION CXERISCAPE) PRINCIPLES: APPLICANTS ARE ENCOURAGED TO FOLLOW XERISCAPE , OR WATER CONSERVATION , PRINCIPLES IN MEETING THE REQUIREMENTS OF THIS SECTION . XERISCAPE PRINCIPLES INCLUDE THE USE OF MULCHES , NATIVE AND ADAPTED LOWER WATER DEMAND PLANTS , LIMITED TURF AREAS , AND EFFICIENT WATERING METHODS ; RESULTING IN SIGNIFICANTLY LOWER WATER USE AND DECREASED MAINTENANCE . 0 . APPEAL: APPEALS WHICH ALLEGE ERROR IN ANY ORDER , REQUIREMENT, DECISION OR DETERMINATION MADE BY THE CITY IN THE INTERPRETATION OF THE PROVISIONS IN THIS SECTION SHALL BE HEARD BY THE BOARD OF ADJUSTMENT AND APPEALS , PURSUANT TO E .M.C . 16-3-1, HEARING & APPEALS . P . COMPLETION: THE CITY SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING , USE OR STRUCTURE TO WHICH THIS SECTION APPLIES UNTIL THE LANDSCAPING HAS BEEN INSTALLED IN ACCORDANCE WITH THE APPROVED LANDSCAPE PLAN . IN EXTENUATING CIRCUMSTANCES , SUCH AS ADVERSE WEATHER , WHERE OCCUPANCY IS REQUESTED PRIOR TO COMPLETION OF LANDSCAPING, THE OWNER SHALL ENTER INTO AN AGREEMENT WITH THE CITY GUARANTEEING THAT THE REQUIRED LANDSCAPING WILL BE COMPLETED WITHIN ONE HUNDRED AND EIGHTY (1 80 ) DAYS OR A DATE SPECIFIED BY THE C ITY . Q . IRRIGATION: THE IRRIGATION OF ALL LANDSCAPED AREAS SHALL BE PROVIDED FOR BY ONE OF THE FOLLOWING METHODS : l. A FULLY AUTOMATIC OR MANUAL UNDERGROUND IRRIGATION SYSTEM ; OR 2 . A HOSE ATTACHMENT WITHIN ONE HUNDRED FEET (1 00') OF ALL LANDS CAPED MATERIALS . -13- "' - •· • 0 , -• • t• - <' R . MAINTENANCE: 1. MAINTENANCE OF APPROVED LANDSCAPING SHALL CONSIST OF REGULAR WATERING, MOWING, PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS, THE REMOVAL AND REPLACEMENT OF DEAD PLANTS, AND THE REPAIR AND REPLACEMENT OF IRRIGATION SYSTEMS AND INTEGRATED ARCHITECTURAL FEATURES. PLANT MATERIAL WHICH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE WITHIN ONE HUNDRED EIGHTY (180) DAYS . 2. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE PROPERTY OWNER SHALL FILE A MAINTENANCE AGREEMENT. THE AGREEMENT SHALL ENSURE THAT IF THE LANDOWNER, OR SUBSEQUENT OWNERS, FAILS TO MAINTAIN THE REQUIRED/ INSTALLED SITE IMPROVEMENTS, THE CITY WILL BE ABLE TO FILE AN APPROPRIATE UEN(S) AGAINST THE PROPERTY IN ORDER TO ACCOMPLISH THE REQUIRED MAINTENANCE . 3 . PROPERTY OWNER AND TENANT ARE RESPONSIBLE FOR LANDSCAPE MAINTENANCE AND ASSOCIATED LIABILITIES. Sec;tiqp 2. The Englewood City Council hereby amenda Title 16, Chapter 8, Section 1, of the Englewood Municipal Code, 1985 with the addition of the following definitions, in alphabetical, order to the definitions u follOW11: 16-8-1 : DBF1Nffl0N8: ANNUAL CALIPER DRIP LINE EVERGREEN MULCH A PLANT THAT COMPLETES ITS LIFE CYCLE IN ONE GROWING SEASON. THE INCH DIAMETER OF THE TRUNK OF A TREE MEASURED SIX INCHES (6") ABOVE GRADE FOR NEW TREES. A VERTICAL UNE EXTENDING FROM THE OUTERMOST BRANCHES OF A TREE TO THE GROUND. A PLANT WITH FOLIAGE THAT PERSISTS AND REMAINS GREEN YEAR ROUND . NONLIVING ORGANIC AND SYNTHETIC MATERIALS CUSTOMARILY USED IN LANDSCAPE DESIGN TO RETARD EROSION AND RETAIN MOISTURE. -14- "' - . ' •. .. • • 0 , ]- - NEW DEVELOPMENT OUTDOOR DISPLAY AREA PERENNIAL REDEVELOPMENT ROOT BARRIER SYSTEM SHRUB TREE XERISCAPE • • • DEVELOPMENT OF A SITE WHERE LESS THAN FIFTY PERCENT (50%) OF THE EXISTING STRUCTURE(S) IS RETAINED AND INCORPORATED INTO THE NEW STRUCTURE . AN OUTDOOR, UNROOFED AREA WHERE MERCHANDISE OR VEJUCLES ARE DISPLAYED FOR MORE THAN TWENTY- FOUR (24) HOURS . A PLANT THAT REGROWS FROM THE SAME ROOT STOCK YEAR AFTER YEAR. • DEVELOPMENT OF A SITE WHERE FIFTY PERCENT (50%) OR MORE OF THE EXISTING STRUCTURE(S) IS RETAINED AND INCORPORATED INTO THE NEW STRUCTURE . A PHYSICAL OR CHEMICAL BARRIER THAT PROJUBITS OR DISCOURAGES LATERAL ROOT GROWTH UNDER SIDEWALKS AND OTHER HARDSCAPE AREAS . A SELF-SUPPORTING WOODY PERENNIAL PLANT OF LOW OR MEDIUM HEIGHT CHARACTERIZED BY MULTIPLE STEMS AND BRANCHES CONTINUOUS FROM THE BASE, USUALLY NOT MORE THAN TEN FEET (10') IN HEIGHT AT MATURITY . LARGE, SELF-SUPPORTING WOODY PERENNIAL PLANT WHICH NORMALLY GROWS TO A MATURE HEIGHT OF AT LEAST FIFTEEN FEET (15'), USUALLY WITH ONE MAIN STEM OR TRUNK AND MANY BRANCHES. MAY BE DECIDUOUS OR EVERGREEN. LANDSCAPE METHODS WHICH CONSERVE WATER THROUGH THE USE OF DROUGHT-TOLERANT PLANTS AND PLANTING TECHNIQUES. Se<;tion 3. Safety Clauaea The City Council, hereby finda, 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, aafety, and welfare of the public, and that this Ordinance is necesaary for the preeervation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation ID the proper legislative object aought to be obtained. -15- i • • 0 , -• • • <, Section 4. SeverabiHty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof 1D any peTIIOn or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inconaj,tent Ordjnance, Not.bing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable 1D landscaping. If there is a conflict between the regulations in this Section and any other Code section or regulations, the more stringent regulations shall apply. Section 6. Effect of nme,al or modification The repeal or modification of any provision of the Code of the City of Enclewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpoee of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. fe.n.altx . 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 passed on first reading on the 2nd day of March, 1998 . Published as a Bill for an Ordinance on the 6th day of March, 1998 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , LoucriBhia A. Ellis, City Clerk of the City o(Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first readinc on the 2nd day of March, 1998 . Loucriahia A. Ellia -16 - ..... ' .. • • 0 -, ''' , ]- ] • Date April 20 , 1998 • • l • • ,. COUNCIL COMMUNICATION Agenda Item 10 a i Subject Union Pacific Railroad Right- of-Way Crossing Modifications -Yale & Bates INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Original railroad crossing agreements were approved in 1953/1954. The original project agreement, the Utility Crossing Agreement with RTD, was passed as Council Bill #49 on June 2, 1997. RECOMMENDED ACTION Council approval by Ordinance of the Pipe line Crossing license for the right-of-way at Yale for a sanitary sewer line (Milepost #6 .43) and a 6" water main at Bates Ave . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original Pipe line Crossing license allowed Englewood to install sanitary sewer pipes across the existing railroad right-of-way. As of part of the Southwest Corridor light Rail Project , the location of the heavy rail railroad tracks has been modified requiring additional encasement of the existing sanitary sewer pipes. The railroad crossing license needs to be modified to reflect these changes . FINANCIAL IMPACT RTD will be funding the Crossing license Agreement. UST OF ATTACHMENTS Ordinance Pipe Line Crossing License Agreement .. • • 0 f "' .. I ORDINANCE NO . _ SERIF.8 OF 1998 ·, • • - '· BY AUTHORITY JOO..! .r,c~' . ..- • c ) e1.'i ·" .·~·... " AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENTITLED PIPELINE CROSSING AGREEMENT -MILE POST: 6.45" AT YALE AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, in 1953 the Englewood City Council authorized a "Water-Way License No. 20801 Agreement" between The Denver And Rio Grande West.em Railroad Company and the City allowing the City to install an 18" cast iron sanitary sewer pipe line across the existing railroad Right-Of-Way at West Yale Avenue and a 6" cast iron water pipe line across the existing railroad Right-Of-Way at West Bates Avenue; and WHEREAS, the Englewood City Council approved a "Utility Protection Agreement" pertaining to modifications for the Southwest Corridor Light Rail Project, between RTD and the City with the passage of Ordinance No. 43, Series of 1997;and WHEREAS, due to the Southwest Corridor Light Rail Project, the 1953/1954 Agreements need to be modified because the location of the heavy rail railroad tracks have been changed requiring additional encasement of the existing pipes; and WHEREAS, at the time of construction the Union Pacific Railroad Company (UPRR) formerly the Denver and Rio Grande West.em Railroad Company, entered into "Right Of Entry Agreements" with the contractor and RTD; and WHEREAS, the Union Pacific Railroad now wishes to revise their Agreements with the utility line owners to reflect tboae modifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ed;ion 1. The City Council of the City of Englewood, Colorado hereby authorizes the Pipeline CroBBing Agreement between Union Pacific Railroad Company and the City, a copy of which is marked as Exhibit 1 -•Pipeline Crouing Agreement - Mile Post: 6 .45" -Yale Avenue, attached hereto . Section 2. The Mayor and City Clerk are hereby authori&ed to sign and attest said Pipeline CroBBing Agreement on behalf of the City of En,lewood . -1- • . .. • • 0 I • • • <. Introduced, read in full, and paued OD first reading on the 20th day of April, 1998. Published as a Bill for an Ordinance OD the 24th day of April, 1998. Thomas J . Buma, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on first reading on the 20th day of April, 1998. Loucriahia A. Ellis -2- 'I .. • • 0 f ..,,.. 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Ji ~ ti Hi)·. ~ t Ji; l ·. irt ft Q r 11a f _t ~ IJf s!t Jltal i l~l; [-Jf~ '~ I f•'l ~i ~lit I · s• l Ufl tJetl JI ! ii '.t Jfi . [Al 5 f'r ff!,fratlJ ii 1[jll ti i !I. 1~ I·' I ,r(lt[t., ~! ii,JUII II 1ffJ i , l J t n . l !T I f l l J H. u i I a ,Ul R . i ff i If l•lt thl I i tnHI • i Uj ~l U iilt i1 rif u t P ~!!il· I 1Hl 1 H ! . t ff A() a!. f aJl if tJ• j I lJhf J• t Jlj All ~ff J I . ~I; if ~ Js=i~ JI (Uj~ I} I f f ~ U I i 6 J " h f i' a j ~ l 1 0 d. • J ~ f ( ti thl ! U1h!l1·t I ih*! H hH 0:Q .sQU: • .!flt :rQ80 .. a fl. ~JSJ.i !Ut , •. o • . \ 0 • II s-,f 11 1 " () ~· Q M, I I i r I O . • :.- ]- tl..lr.. .,aoJ OO l~ l .:)~.,;J Na,,S-d ID be~ AVP-uw • 0 • s.cucms. RE!NfPBQ;MENT REI.QCAllQN QB REMOVAL Of PIP£l.INE. I' - I• a) The lk:anM hanmi gramad is sub;ec:t to the nNds and~ ai the Ucamar in the opan:man ci its railroad and in Iha mi:irc-am and use ai illl propatf, and the l..icllllae silall. at the .. apallN a the~ l"llimcrclt the Plpaiiae. or -ail or any porUcn al the P!pelim to such naw lccallan as the Liem may w;nme wt-. in ti» iunbanmc• ai its rwmmable needs and rwqwr-8. the Ucamor sbail !!mi such ac!lca 1emc:a::ibly ~ or ciNirable. b) All the terms. ccadlticm and Slipwallcnl lW9in &14J1eawi Wllb , ... ...., to the P!palim 011 propany oi the Uc9nsar in the lOCClllan ~ d-=lb9ci shall. so far as the Plpeiim ramaim 011 the propany. apply to the P!peiine as mcdlfied. cb:mged or raloc:aled Wllhiz1 the com-nplation of this S8Cllcn. s.cucms. The P!paline and ail pans tbareoi Within and OUlsim al the limits of the property a the ucensor shall be comttucl9d and. ar ail tmw. !%ICll'IICUWd. l'9pCllr9ci. .-.-a and opm,:nd in such mmmar as to cauae no IIIISiarwlC9 ~ With the ccm1rmt. cmtimlCJJII and unizll8nupted use al the traclcs. property and facilities al the ucamor. alld ncthmg shall be done or suffered to be dolllt D'/ tm ~ at any time that wculd in any mmms impair the saiety thareoi. s.cucm 7. PBQI'ECTIQN Of FJBEB OPTIC CABLE SYSTEMS. al F'"iber optic cable systams may be bunec:i 011 the ucamcr's propeny. ProtllClian al the iiber optic :::me systams is of llllr9me unportcmce since any brealt could disrupt semc:e to UHl'S resuiting in busmNs interruption and lea oi ~ and proilta. UC811SM shall tetephcne the ucensor at l-800-336-9193 (a 24-hcur !'1\IDIDllr) to da!enmne lf iiber optic cci:lle is buned anywhere 011 the Llcenscr's ~ to be used by the Ucensee. H it is. ~ will t~ the t~ ccxnpany(iftl involv9d. ammgw for a c:acle loc:alor. mabt arnmgemems for relcc:c!icm er othar prctecticn al the iiber optic c:abie. all ar uc-·s ezpense. and Will commance no work 011 the nght al way umil all such protection or reicc::::icn has been acrnmplisbed. Ucensee. to the full amm panmtleci by law. and without wamng Iha prmlega. immumlies. and limtcicns of liai:llity in the Caiorado Gav9mmaruai Immumty Act. 24-10-101 ec:.seq .. as amended. shall incimmify and held the ucensor :x:rmlNB £rem alld agaum ail coats. liability and expense wnalSOlffllr (inch.u:ilng, Wllbcut li=talion. Clllcm8ys" f-. court c:::s.s c:nci expenses) ansing out ai or caused in any -way by uc-·· fmlunt to ccmply With the prCVISicns al this parc,;rcph. bl In acldltlcn to ctbar indammty prcvlllall 111 this~ tha UC811SM. to the full al9al panmlt9ci by !aw. and W1Ulcl1t ~ the prmlege. imnmnrttN and limnallaia al liabllty 111 the Caiorado GowwwWIIUi Immumly Ac-~ 24-10-101 ec.aaq .. as am-wied. shall mdammfy ana held the ucmaar 11arm1w 1ram and c;aimr ail c:om. liablltr and apaia ~ Orrl•cttrx. Wllbout limllallc:n alla'iWyS' f-. ccun cmts and ms--> c:aum D'/ the nagligmce a II»~ ill cam ma. ag111111 aadlar ~ r-...lting in Cll any damar;ie to er cielttuc!!a1 a aa, ~ symm ai Ucersrs prgpany. and/er CZ> any ill!IJrY to or d8Clb al any penon amplcyed by er en bebaif al aa, telarnmmimic::mms ccmpany, alld.b" ltl mmcc:a. agaa aal/or miployws. on ucensar's property, GC9Pf to the amm that such c:om. llai:illty or apmaN ore ctnlNli by the dlnc:t acttve ~ al the Ucenscr. ~ furtiwr a;iws that it shell nci heft or Mek recoune against Licemor' far aay c:laim or=- ci aclicn for allaged lea al profita or .-iue er lea al -. er othar conaequanriai damage to a teiacommumc::llc ccmpcmy usmg ucemcrs property or a customer or,_ at -al the fiber optic cable on ucamcr's property. Sec:Ucn8 . WJMS AND 1.lDfS FPB WCB AND MAmqAL J'AX&S . al The uc-shall lully pay fer all mcnenais jOlll8Ci or aifbmci to and labor pancrmed upon property oi the Llcemor in comwc::Jcn With the ccmttuc!lcn. lllClllUrlCrlCe. repair, rawwal. modificaiica or rec:omlruC!lcn oi the P!peiine. and shall net pamit or suffer any machanlc's or matenaiman'1 llan ai aay kmd or nature to be emcrc9d agmmt the property for aay wcrk dona or mar.nais h1nuabad thereon at the instance er request er en bebaif of the ~-The ~ shall indemnify and held harmless the Ucmscr a;aimt and from any and all lials. damis. demands com and~ oi whatsoawww narure in any way connected With or gn,wm,. ow al such wan: c:lane. labor !*famed er wala funmtad. bl The ~ shall prcmpdy pay er dilc:hcrge ail t-chargea and :za 1 +11 i...d upca. 111 reapec: to. or ai ac::amt al the P!paline. to~ the sanw Iran bec=ng a~ er lien upon prcpa'!y a the l.Jana:lr. and so that the taaa. chmgea and as-smfMUI 1-.-i upon or 111 rwpec:! to such prcpeny shall nct be lllC--.d bec:auae oi the locarlcn. cClUllrUC:lan or maimenarice al the P!peline er any llllpi'O'Nlll9n appliance or !mure comwc:ted thawwith placed upon such prcpa'!y. or on acc:ium of the ~1 llll.-t 11-l. wt.a such raz. charge or :111 ,1,lllf mar lllCII be wpa.Ulllrf made or c-..d to the ~ but shall be included in tbe QI--of tbe propany al the ucenscr. Ihm II»~ shall pay to the Ucemor an equitable prcpcr1la'I af such tCIIN dafamuneci by the~ a the i:.:c-•1 prgpar!y upon proparty al the ucer.scr as a.mp:aeci 2 • . •· • C , • • ~ ... l . . JJ 1 Ill f lflllll 1,t'J ( ! _ r1r iJt!l"r{ [ HUUi 1 1J! ( t f~ r 't l'l ll! ufa._ ~ ~ i,., . :i:.li: !.tffft it p &Jl'Alt fir.! I J l!ie.a;;, f . g ll A J~fI [ . a.Jll f I s ~ ~I al''t'Jfiff,, I ~ [F t .I f e·1,·a· I J I Jlftl J f ff !jl, H~nu < f i · IJ in if ir I j ~ lt111tt t·U I t 1 ri l1Jrr,f,11. ~ I 1. 111 f,111( ,,.r .. 1tlrt I Brr ~0118 8 llr Jf. l I.fl ·IH 6-~a-lte· irfia:lt.rH . I . 81 j i ! • !1 ti If ! Ir f i I; f 1r I fl i 1~ ~11i,~iie.1•1!,. f QJ• (1ta tti•1r ~111111~11 ift r ii-ii 1, i .Q l r1 ·,1fy ltJl~~11 q fl . !J![[tlJfi !t Bft fl·) lat(sr,uJi ~f i 'f 11llh1 iJ Hf •tf ,f: i!11! trlll i 1 ii thHHih H Hi hitli iHi!dttl 1 · - • " . ~ 0 • r I O . • ~ ' " I ]- ]-- (. PIJt --(le 1""'36l Naft I •••~A~ • • • ' ,. ,. -. at •t1at....daa1111t-tbadgbt-*~.01:1119Plplllalar-<U,-. ar•tbat.... llldlbll m tba ,i 5 aim,__.. arQII a-* larczplllllllai11*tf t31 __ ._. _ _..lam tba Llallarmtbat.... 111 1t-.llll:hdlbalt.t1aU--mar,a11aap11abdllllllr r I;• r •• a ·---b) Jaaildllma1atbe..-...m-*1pcaCl9\4,1b{atam111. 1111a4-smarm ........ _. • ._ pmtr _.. ID tbaablrmm,«-. m 1111:hDlll?m .._ na1-. mllllallS, 111ml 11*tf t31 c:ta,a r t ,a to tba4*-upcm wiacll mc:hllalllla .. baga,m. c) lfallr»ai cWaalt aadDlll?m ex lliiiillla6aa lllllf m--'1 ... upm tbaU--ar br~ID tba lml kmwn canaat11au..r-. 11 fhm m•-. r1armrrm .. 1111tc6ctm,cft1adg1191101: •t. r mtmpmthra _., wilK:hmar t-crcamd. ar :r+srr-CICICnl-1 arcAba • -**mar im.amm pnartt..m. Sadlm 14. NBPfT'tlQl'TO • esvam n.i.... .. 1111t~*'• a m,._ar111pm.01:mr_..-gnaa1...._11a..__. mtbaUmrar.aad11a.-*-mr11miarar ar ..._ar c1•-. sarcmrex tbartgbsa .__gffllllld. wbrlblr----,. br.....-cfm. a,:...__ .._,IUCh~ID----.. baabaalulillr ~cmd. attbaaplallcitbaU--..... .. ... ,_ ... Sadlm 15. m 1 1ssrss MP essrars Subiect 101m p'Glilima ex S.:lh:ID 1•---. tbla..___, .. ml:m:la;vpaa aadllu9 totm bmall ex 1mpan1aa i..,, tt..-bm'l.---.ca:FmWaacaaa. m aaadaagm. 4 ..... ' ' .. • •, • 0 - • Date April 20 , 1998 INITIATED BY Utilities Department • . , . • . . COUNCIL COMMUNICATION 10 a ii Subject Southern Pacific Railroad Right-of-Way Crossing Modifications -Kenyon STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION "' - Original railroad crossing agreements were approved in 1953/1954. The original project agreement, the Utility Crossing Agreement with RTD, was passed as Council Bill #49 on June 2, 1997. RECOMMENDED ACTION Council approval by Ordinance of the Pipe Line Crossing Licenses for the right-of-way at Kenyon and at Yale. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original Pipe Line Crossing License allowed Englewood to install sanitary sewer pipes across the existing railroad right-of-way. As of part of the Southwest Corridor Light Rail Project, the location of the heavy rail railroad tracks has been modified requiring additional encasement of the existing sanitary sewer pipes. The railroad aossing licenses need to be modified to reflect these changes . FINANCIAL IMPACT RTD will be funding the Crossing License Agreements. UST OF ATTACHMENTS Ordinance Pipe Line Crossing License Agreements . ' .. • • 0 , - ORDINANCE NO . _ SERIES OF 1998 • • • BY AUTHORITY /OA. ;i AN ORDINANCE AUTHORIZING A PIPELINE CROSSING AGREEMENT ENTITLED ·PIPELINE CROSSING AGREEMENT-MILE POST: 7.76• AT ON AVENUE WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, in 1954 the Englewood City Council authorized a "Pipe Line Croaing Liceme No. 21178 Agreement· between The Denver And Rio Grande Weatern Railroad Company and the City which allowed the City to imtall a 16• cut iron llllllitary aewer pipeline at West Kenyon Avenue acrme the aistiDg railroad Ricbt- Of-Way; and WHEREAS, the Eqlewood City Council approved a "Utility Protection Agreement• pertaining to modificatiOIUI for the Southwest Corridor Licht Rail Project, between RTD and the City with the puup af Ordinance No. 43, Series of 1997;and WHEREAS, due to the Southwest Corridcr Lipt Rail Project, the 1953/1964 Agreements need to be modified becaUlle the location of the heavy rail railroad tradui have been cbanpd requirinc additional encuement of the aistiDg llllllitary aewer pipes; and WHEREAS, at the time of conatruction the Union Pacific Railroad Company (UPRR) formerly the Denver and Rio Grande WNtem Railroad Company, entered into "Ript Of Entry Air-ta• with the contractor and RTD; and WHEREAS, the Union Pacific Railroad now wiabes to reviae their Ap,,ementa with the utility line owners to reflect tho. modiflcatiOIUI; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. The City Council of the City of Enpewood, Colorado hereby authorizes the Pipeline Cl'Olaiq Asreement betw-Union Pacific Railroad Company and the City, a copy of which ia marked u "kbibit 1 • Pipeline Crouinr A,reement - Mile Poat: 7. 76• • Kenyon Avenue, attached hereto. Sec;tigp 2. The Mayor and City Clerk are hereby authorized to mp and attest Mid Pipeline Croeainl Asreement on behalf of the City of Enpewood. Introduced, read in full, and paued oo tint readin, on the 20th day at April, 1998. -1- .. • • , ]- - • • ... • • Published as a Bill for an Ordinance on the 24th day of April, 1998. Thomas J . Burns, Mayor ATTEST : Louc:riabia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of April, 1998. Louc:riabia A. Ellis -2- "" - ' . ' ~ • ' .. • • 0 r ,,.,,. 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J r1a.i ~ ( ~ {!-f I a.{!: 1~ Ji Jf!f)f. ~ .·l ~ ~ a.11·~ i ,~ t ~ • .c -i ' I It I ~ f ~ ~ li1i1~1 ~ 11 ~ I •tt!, 1 tJ~ · i t rr i f I i l~r J~ e I ~ irt I I I I iflilf a ! ,ifl1 J 1!1 I 1 1 s l, r I Ir -,J. • i f 111 ,~ l a lrl f s ~ lt~, 1 ~ri I t~I I I I U, i 1!1 ; l:atjr{I r ,ta j t 1· . 1 l f•·J i i I r rltJ t 11, • ~ I t!f ii t t:fl ! ~ L-i r ...... I I . . . '; # .. ' 'IL! ,1 . ' '· ' • • • I I 4 :•, i I ··' ,l""• I • i ' ;b I I !1 .j, I .• -• i I I I ,~ ,, ! I I "' - y+ 'r ' •• i i • I I • ;I I ~ !\ , • . . • • 0 I • ;- • 0 I • • I I -) \ I I ' : I ., -~ -• • i. _1- > -· l i., I 0 • ' xi ] • ,, - 0 I• • PUC 9IOl06 (S.. 1590-37) -S•danl ID be~ AVP-1.»r EXHIBI'I'B Sec!lcn 1. a) The fCll'llgCizlg gram of ngm is subjact and subardizlala to tba prier and ccmtmnng right and obllgallan Ci tba ucanscr to use and maimam its emlre proparty including the right and pcwa' Ci tba ucamar to c::nsauct. maintain. repair, ~. use. op«ate. change. l1IOdify or l'1liocant rmlroaci tracks. signal. ~'Ol'OJDIJDJc:a!1on !Iba' cp11CS. or othar wirllilnN. pipallDN and other fac!lilles upon. along or ac'OD any or all pans of its prcparty, all or any of which may be irNly done at any time or ttmN by tba ucansar. bl The foregoing gram ill alao subject to all oumandlng supanor Tights (tnc!udlng those inf= of llcansw and 1-of tbe Llcensor's propeny, and orhss) and the nglll of the Llcensor to l"lffl9W and Gl8Dti the same. and is made without ccmmant of title or far qui8I enjoymant. CQNSTRUCXlQN MAINTENANCE AND QPERAl]QN. al The Plpelimt shall be ccmuuc:ed. oparcad. 7TYJ!DlameCi rwpaireci. r9MW9Ci :nodlflad and/or recomaucted by the LlcanSN in Sine! conformity with lJmai Pacfic Railroad Co. Ccmmc.n Standard Spec:fic::ljcn 1029 ad.opted Novwmber 1949 •. end ail amendmams thereai and suppiamallS tharelc. 'lfflC1 by this ~ IS hereby mace C: ;xirt ha-eci. -.:apt CD may be mociliied and apprCV9d by the l..icertscrs Vice Premdam~ Semces. In the~ such Si:edflcallon caaillc:s in any rnpect wrth tbe raqwremems of any fedsai. Slal8 or mumc:;:,ai law or regulallcn. such requlr9mems snail gev9m en all pc,uus of ccnllic!. but in ail other respects the Spec:ficatian shcil apply. bl All work performed en proparty of !he Llcamor in cormedcn with the c:instl".JC!ion. mainten=e. repair. renewai. mcd!fic:licn or reconstrUC!IOn ci the P!peline shail be done to the salisiac!!on ci the Llcer.sor. cl Prier to the commmx:emam of any wcrk m COllDIIC!ion with the cc:mtruclicn. :n=emrice. n,pair. remwal. modificcticn reloccticn. l"9COmlnlC:ial or ranaval of the Pt}*ine whae it !)CDNS undameath the roccbed and track or trcclal of the l..icertscr. the~ shall submit to the Licamcr pkma MlUDg CUI the mathcd and-of handllnq the wca. inc!uding the abcnng and cnbbmg, If any, reqwr9d to JrCll9d the I.lcemar's oparaaons. and shall na pracNCi With the wari: Ulllil such plans haN bNri appl'Cl9Q by the Vice Praidail-En;imamg s.-of 1m u.camor and thm tbawcn shcil be c1cne to t1w ICl1sfa::llcn of tba Vice PrN!dant-~ S.-or Ilia autbanzeci iwpiWWJIIUliN. The Licmacr lhall ba'l9 the right. if it 10 eiac:ta, to pn:mda auch 11.ippat as it may ciam11*.8UIA'f fer the scniy of its trac:i: or trac:i:s dur1n; the time of camructlca. me Ii • ance repair. r...ai. modific:ncn. ntlocalicn. l'9CCZlllrUCllC er rmiavcl of the Ptpelina. and. in ti» .-it ±e l..icertscr pro,ldN such support the ~ shall pay to the Llcmsor. Wllhm lifteal (15) days altw bills lhall bcnw beai :er.cared tti.aar. all aperlM inc:'.mwd by tbe Llcenacr in cormaction tharwwltb. which apMlN shall include all aam;n able costs. dl The Llc-shall kaep and mmmam the soal av.-the P!;,elina thcrou¢iy c::mpacted and the gram -'lrllh the adjac9llt surface of the ground. Sec!lcn 3. NQllCE Of COMMENCEMENT Of WORK. If an~ sbauld arue reqwnnq 1lllm9dlat9 attmncn. the~ ahail pro,ide aa much nodce as prac!lcable to UC9mCr barcre C'Cfflmenc::mrJ any wca. In all ed.-lltuallcm. the ~ lhall aoafy the ucamcr at 1-mt 19n ( 10) days (er such Olhar time as the Licmacr mar allow) m adtance of the , + ,c-of =, -.ark upon proparty of the I.Jcamcr-m camec:lon with the ccmlNdlm. m M anc .. rapalr. -..al. m: ill :nt n rwcamrudca. r9iocalica er rmic,ai of the Plpeilne. All SUC.."I wari: shall be proaecUl8d dlligamly to compiMlcn. Sec:ion 4. The ~ shall bacr the endre cost and apellM mcun9d in ccamc!lcn With the comlruCllon. l'TICJl7MaanC:e. iwpall' and renewal and any and ail modWcallcn. rwv1mcn. ralocallcin. rWIDOlal er reccmauc:ion of the P!pailm. lllC:ludlnq arr, and all lll!*IM wtudi may be l!IC'.ll1'9Ci by the lJcansor :n ccnnldlm tbwwwith far supan111CZ1. :mpedlcn. llaggmq, or od.-wme. ...... • . ' ... • • 0 , • ,, - 0 I • • __ ..... ~ ... _ .......... ....; __ .,.._.,,, ~IDbe"-AVP-1.Aw Secticn5. a> ni. Ucame _._ gramaa is suc,ec:: 10 the needs Cllld ~ a1 the ucamcr m the oparalicn ai its raurcmi and in tba ~ aDd ua ci its prapany. azxi the U.C:.-shall. at tba _. apaia al tba ~. l'linfcrce the Plpelim. er maw. all er any pcrUm al the P!pailm to such mw locallcn as the ucm mar :lee;nc:re -*-· in tba funb.-cmce al its _,.,ahle nNda and~ the Licamor shall fiZlli such acllaD 1ec.aaa.ay IW.euary er damable. b) AD the tams. amritt1m• and Slipulalicms ha-. eap I ci '111th raiarmce to the ?!peiine on property ai tha Ucamar :n the loc:allcn ~ dNcnbaci shcil. so far as tba P!palim remmm on the properly, a;,piy 10 the P!peliM as modifiad. c:ham;9d er nMOc:Clac:i wilbin the CCIIIIPll;>lnTtm ai this NC!lcn. Secticn6. NO JNIEBE¢¢NCE Wffli I ICENSOB'S QPERAllQN. To. P!peime aDd all pans tl..a "ll'llbin acd OUlside ai the lilmts al the propany ci the Licemcr shall be ccnslrUCted and. at all times. JllCllnlCIZllld repanci ~ and oparalad in such-as to CCUN nc unerier9nce ~ With the ccnstant. c:nmtrn•ous and ummarrupled use ci the trtcis. property and faclltiN ci the Licamor. and ncthmg shall be dcne er suffered to be cx:m. by the ~ at aay lime that would in aay maimer impair the saialy thareoi. Secticn 7. PBQ!lIJ'IQN Of fIBER QPJJC CABLE SYS'@LS. a) Abar optic cable systems may be buried on the Licansar's property. Protection of the fiber optic cable systems is oi aaarmne unpon=e smce aay breait could disrupt semce to users resui!!ng in business inten-..tpticn and less of -anci prafits. ~ shail teiephcne the Licensor at l-800-336-9193 (a 24-bcur number) to de!ermine if fiber optic cable is bunaci anywhare on the Licenscrs premises ro be useci by :he ~-If it is. ~ will telepncne the teiec:ommumcalic cc:mpcmy(las) imomld. arrange fer a c:ci::le locater. :nab am:mgemams ier relocalicn er other protec:icn ci the fiber optic cable. all al Lic-·s upense, and ,nil commence nc wcrk on the ri¢t of way UJUil ail such prot~..cn er reiocalicn has been acccmplishai I.:c-. to the lull G18nt pemutted by law. azxi Wllban "llll:lfflllg the pimlege. i=unl!ies. anci limitaricns ai liai::uity in the Cclcradc Gov9mmamci Immunity Act 24-10-10 l ec.-q., as amaridad. sbail izldammfy ace! hcici the Licenaor harmlaa from and ar;amat ail cosu. liaDility and apame ~ (incb•ding Without llzmtcmcn. anan.ys• !-. coun costs and upenw) ansing out of or caused in arr/ way by Licensee's failure to ccmpiy With the prcmmcm oi thls ;:,c::rc;rc;:n. bl In additicn to othar' mdammty prcvamcns in du~ the ~. to the lull a:iem ;:,enmttad by law. and Witbcut wamng the prmiage. irnm11rnti• and limrta!im• of liabillty in the Colaracic ~ Immunity Act. 24-10-101 ec:.seq., as amendad. shall Uldemmiy and hcid the I.icemar harmlaa frcm aDd a;cimt all com. liabllty and a;,-.~ QncbvitnrJ Witbcut limltallCn. altamys' fw. cam com aDd ai--> cauwibythe r:w;11.,..:e al the i..:-. :Is camactcr. agaa aadlcr ~. reaultlng in (l) aay dama;a to er claauc!lca al aay1*:111a1 .....,,..,.,, sywtan on Licenscn prcpaty, aadlcr (2) aay lnllllY to er dea!h oi arry parson emplcyeci by er on babalf of aay IMC mx::::rtnm c::impcmy. aMk:r :ts camca::a. agam aadlcr anpioyw, on Lcemar's prcpeny, -=apt to the a1ea1 thar such com. liabllty er apmSN are cauad by the dlr9c:t aclift ~ of the Lcenscr. ~ funllS ~ that it shall IIOl hal9 er aelt :wcouzw a;amst Leamer flOr any c!mm er came al acticn for alleged lea al profits er ~ er lou al arnce er albs c:anaqualliai damar;e to a :eiec:cmzmmic:al c:ampcmy umng Licensor's property er a C".lWlC11"91' er us.-of smw:w al the fiber epic cable on Licemors ~- Section 8. Cl.AIMS AND ums FQR WIQR AND MAJ'ERIAL TAXES . a) The 1.ic-shall fully pay fer all maierials )Olmci er afflad to and labor ;:,erformed upon ;:,ropany al the ucmscr in cormac::icn With the ccmiruc:!cn. mamram. rwp:m. r....al. modiliccliai er I'9CtlllSlrUCI! of the ?.p.am, and sbail !IOI pamit er sutfer arty mec."'ICnlC's er :m=enalmcn'• lian al arty land er nmure to be mlcrced a;amst the ;:,ropany far aay waric dane er mmenals fumwl8d thm al the imlance or ~ er on bahalf ai the ~-The l.icar.-shall indmmlfy and held hmmlea the Licenacr agama and frcm arty azxi all I-. dcmns. ciamands. com and as--ai imc1SOe1W narure in aay way ccnmc:ted With or growmq out al such waric dam. labor pariormad. er maiam funubad. b) The ~ shall prcmpdy pay er dlsc:harg,e all i-. ~ aDd :111 wa, 1-ed ui:x:n. in rwpact to. er on a:ccunr of the Pipeline, to p,-the same Iran becomulQ a charge er llan upon prcpany al Iha Licenaor. and so thar the tame. c:harga and aueuments !1med upon er in rNJ)K! 10 sue.It propany shall net be ina9aNd bec:auae oi :he lcc:allal. cOIIStl'Uctlcn er maintenance ci :he ?!peline or arry ~ appliance er fmure cameaed tber9Wlth pieced upon sue."! propany, er on account of the 1.ic-·• 1111...-t tharem. Whse such tm. charge er :m:s cen may net be NjX,ice(y made er asswd to the ~ but shell be included in the <DINlfflMII al the property al the Ucmscr. Ihm the U.:-shall pay to the Ucmscr an aqwtable prcpcmcn of such tCDIN datemuned by the a» of the~·, property upcn ~! of the Ucemar as ccmpared 2 •. •· • 0 , • 0 I • - :-• J OI., .. """ \....Ge" ,.,::,V-J,J Na SmJsaJIOba~AVP-uw Secticn9. RESJ'OMUQN Qf UCENSQR'S PBQPEllT'f. In the~ the u.c.mar ailtbanzaa the~ to tabtdcwn cmrtmx:eal the Ucamcr er iD cmr-~er dlaurb cmr al the otbar property al Iba ucm in CClllll8C!lcn ,nth the camtrucl!an. "'"linre anc-.. rapalr. i...-aL mcdillcatl.cm. rwcamtrucrlaa. l'1liccallca er rmlCICi al the Pipeline. than in that~ the LicenNe sbcl1. as socm as poaibie and at ~·s soia ~ rararw suchfmce and Clblr praparty to the-CClldllicn a11 the _ _.. in l::laicre such fmce wm taian dcwn or such otbar prcpeny -ma'9d or diaNrbad. aad the ~-to the full emm pmmtted by law. and wltbcut wamng the prm1aga. imnnmiNe am:lllmilatlcns al llabllly in the Colarado GotwWllullmzmmity kt. 24-1D-10l 9e.3eq. as azneaded. shall iudmmifp and bald harmlaa Iba Ucana:r. itll alllcan. agalla and~ agailllt am:l frcm =, and all llabllty. lea. dama;w. c:laam. demands com am:l ~ al 1ffiUIIIOMW m. iDciudln; c:aun ccaa am:l allclmafS' fw. whK:h may~ tram injury to erdllalh af parm ~-or damaga to ar Jca er dalrudlcn al propany ~-'lfflm1 such injury. daalb. damaga. Jca ar dalrucucn grcws out al er an.-from Iha taking dawn af cmr fence or the mcvmq ar c:!!sturbanclt al arr, otbar prcperty of theucmsar. Secticn 10. INDEMNl'IY. al Aa Ul8d in this Seclica. "Ucamcr lDclud-otbar railroad c:a:npaniN UliDg the Ucamcr's prcparty al er naar the loc:allcn a1 Iha uc-·· inlllallcmal and tber offlcss. agea. and amp1gpw; 'Loa' tncludN 1ca. ~-claims. demands ac!!ons. c:=-at ac:ttan. penaille. c:cm. and apmaN ci ~ m. iDcluding caurt com acd anarm,a' i.-. which may~ from: (al injury to or deaib ci penam ~ (im:!udmg the l..icensar's offlcan. agams. ami employees. the ~·s offlcan. a;ama. and ampopw. as W9ll as arr, odwr ,-.on); and/er (b) dama;e to er )ca or CNlnJC!lan ci prapany ~ (IZlcludlng ~·s propeny, damaga to the roadbed. =lcs. equi;mlant. er otbar propeny ai the ucamar. er propar!f in itll care ar cuatody). bl Aa a maier uuiuc9mam and in c:cnmdaratlcn af the llc9aN and parmismcn har9ll1 ;rcznd. Iha ~ ~ to the full emm pammted by law. and w1tbcul wal9IDl.1 the prmlegit. irmmmi!IN and )trmtnTlcm at liai::aliry m the Cacradc Gotwnmeltei Immunity kt. 24-10-101 ec.aaq. as aimnded. to indam:ufp and bcid harmlaa the Ucamar :ram=, I.ca wilich 18 due to er arw from: 1. The prc:-=U11cn a1 aar wen Cl"IIIIWl1J)la by this A9rw izx:!udml; the mMniJarton comlNClian. masme ::m •, repair. i...-aL mcdlflc=ica. ~ reloc:mll::a. er~ ci the PlpatiDe er any pan ti:..at: er 2. The pramc,e. oparatx:11. er iaa al the Plpellne er camems -=apmq tbawrcm. tm:9pl to the .aam that the Laa 18 cCUNd by the I~ al the Llceasor. S«:!lcn 11. At the ie ad II al du A;rw !x:.wwww . the~ sball. al U.C-'s soia...,.... -the Plpellne frcm thca pcnom al the prapany lXll oc=ped by the romibad and track er uacb af the U.:--and aball-. tc Iha s1llsfcr!lai al the Ucm. such poniom ci such propatf m a11 goad a ccadllicn as•-in al tba tlmeal the~ ci Iba Plpalim. lf the~ !au to do the~• i:.c--mar da such 'Wark ci rmio,a1 cm1wcAz 1Stbe c:mr and apa!N al the~-'the l.Jcemcl-ma,. IS Ila apliaa. upaa such liiiiiDJliA ~ !be_.. am and .....-a1tbe~ -the pcnlcm af Iba Plpellne locaiad uadlrmalh a ram:t:.i cmd track er uacb and 1'NIC:n such rmdbm IO aa ~ a ccmdltlcn as it wm m ar the time al the c:camuclicD al tbe Plpailm. er it mar pemt tbe UcmNe to da such Wllft al rmmiial and reamaaw to the n•i "11 r al the I.Jcemcl-. In tbe _. al tbe NIIIClllal br tbe U.:--ci tba plaparlf af tba ~ and al the ·Nlalallcit ci the roadbad and p-opany as ba'ml pr'09ldad. tbe U.:--mlll m DO -be llab69 to tba ~ kr aar damage IUIICIID9d by the~ fer er an acccun1 tbem. and such reDClllal and 1Wballca sball ill DO_. ;nllxllce er impair aay n;hl of acticn fer dmnaga er ocbe •-tbar the Ucmaar may lime a;cmm the ~ Sec!!cn 12. WAMR Of BREACH. 3 tc • • . • , Li r, • • 0 , ]- • • • , . . ,u: --(la ,,..m Ma$ S ··•~AYNal a)· ltbaU-doa nat ua tban;blballillgrcmladartlaP!pailmicram (l),-,, arif tbaU.:.-o,nn-lDdaaall ID 11a F • :m e al cm, c:ataxmt ar +WW-* F F aj icr aplliad al tlartr (30) dapa ala'-natlce fnllll tla Uaaaarto Iba U.-apw:ltriDQ aacbdmult. tba~mar. cslla Clllllm. fmthwllb ,_ r12 :wilt....._. tbil Aarw br-lXllll:9. bl llladdllmtotbapc: : ,ealet; COL4DfalmlClatbil• smarbe• + n+dbr.-DCIMcegt,mbrtiSblr pasr _., to Iba alba-m cm, da2le ID u:h natlce Iliad. nat--. im-,, tbi:m tiartr (30) da:pa -..equmt to Iba da2le upca wbk::haacbnatlce .. be~ c:) l'faslce al cWimll c:md natic9 al s ' fl rm mar be aa"9d pa...., upca Iba U.:.-cr br madlD!l to Iba ICllt mown mmwaltbaU.:.-. '11 , :fl 11 altbilA;twwwwtarcmrim_.natalectcmraltladgbsaar xivflm•altbapartiel _., wbk::h mar i-a=1ac:1. ar liatilllla. accrued ar Cllba,nae, whk::h mar bme cam pnar ,__,_ secssm 14. !GBEEHDD'MQl'lP BE !SSR!t72 'l'beU.-mllnat cmigll tbil'9--. lll wbalearm part. araa,dgbsaballill;raas.d. wlSballl tbawdDm c:cmmt al Iba Ucamar. c:md It II agr.-d tbat cm,11'a11161r ar •r-• ar H : I traaar ar .._,......., al thla ~ ar any oi Iba dgbsa ballill gram,d. ....,_."tduaaf, br apaallaD ci law, ar alba--. wlSballl u:h c:cmmt Ill Wl1lln;. aball be abaalutaly 'liladaad. attbaapliclicitbal.lmamr ............. tbil .. W secssm 1s. sua::ESSOBS ANP !SSiNS. Subject to Iba p..-... oi Sacllm 14---. tbil•wwww _.be l:mdlaiiup:a c:mdmure to Iba bmllll oi Iba partiel _.,, !bar blir'I. ---admluillPacAcaa. --c:mdalllgal. '' • • ...... 0 , ~"VI -• . , .. • COUNCIL COMMUNICATION Date I Agenda Item I subject 10 a iii Southgate Supplement #137 April 20, 1998 Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their March 10, 1998 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate supplement #137. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside of the City through contracts with numerous comector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be sefV8d by lhe distrida. These are usually in-fill situation that are within what the City considers to be the area it haa commitlad IO serve . Adequate capacity has been provided in the treatment plant to accommodate al such fulure inclusions. A request was made by the Soulhgale Sanitation District representing lhe owner, Janet Holman, for inclusion into the Southgate Sal lilatiof'I Distric:t. Supplement #137 is for an area approximately one acre located near E. Orchard and Quebec. The zonng per Greenwood Vllage is R-1 and will remain R-1, with the owners planning to build a single family dwelling on the site in 1998. The legal is attached as Exhibit A. FINANCIAL •PACT None. UST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #137 ' ' • .. • • 0 ]- J -- ORDINANCE NO. _ SERIES OF 1998 • • • BY AUTHORITY JO,_ iii AN ORDINANCE APPROVING SUPPLEMENT NO . 137 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. l.:ll•krv,;,REAS, Southgate Sanitation District recommends the inclusion of approximately one acre into the District; and WHEREAS, said inclusion is located in Greenwood Village between East Orchard and Quebec at 5670 South Newport Street; and WHEREAS, the zoning of this property is single family residence Residential R-1; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board rec:mnmended approval of Supplement No . 137 to the Soutbpte Sanitation District at the March 10, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Soc;tj.gp 1. The Agreement between the City al Easlewood and Soutbpte Sanitation District entitled "Supplement No . 137, to Connect.or'• Aar-nt•, which includes approximately one acre located in Greenwood Vallqe W-Eut Orcbard and Quebec at 5670 South Newport Street, is hereby ai:ceptl8II and approved by the Englewood City Council. A copy of said A,reement is attached hereto u "Emibit l" and incorporated herein by reference . Section 2 . The Mayor and City Clerk are hereby autbori&ed to aign and att.eat, respectively, the said Agreement for and on behalf of the City Council and the City af Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of April, 1998. -I - --.-.... ·-' ·- .} • • 0 I I ]- • ,, ~ • ~ • . , <. Published as a Bill for an Ordinance on the 24th day of April, 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 ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 20th day of April, 1998. Loucrishia A. Ellis -2- • .. • 0 f __ I • • • '· SUPPLEMENT NO • .il.L. TO CONNECTOR'S AGREEMENT THIS MMEEIENT, mat n and ii*> by and betw9a1 the CITY aF ENGUWOOD, acing by and ltwough its duly aulhariz8d Mayol" n City Ctartc. I••--ca1a1 Iha "City,• and SQUTMGAff SM1TA110N oams;T, ,.,__ and Douglas CountiN. Colorado. t.a••fter called the "Olllrtct,. WITNISIET1'f: WHEREAS, on the 20lh day of June. 1981, the City and the D191ric:t .__, ii*> an /ly-1•11 in which Iha City ..,..i to u. --ae u1igi,181i1Q fTam the Oillricl's ....., -system wilhin the .. --by the DlltriCt. which /ly-1•11-IIIOII recanlly ~ by Conneca's /lyw1•II dllld ~ 1tl, 19A; and • a EAi, aid Conneca's 11y-·•" prawdla that the cMict mar nat ...,.. a aWllt .. wilhout IN wrillln CONalt of 1tle City; NOW, ~ORE. in considillllllon of the mutual wvaia,ta and ~ henlin -forth. the pa1iN agrw. folowl: 1. Tha Cly lw'lby car-* lo the inclulion of catain addltionll .. 11.-ci in Daligla Cuiny, Caaado. ownal by Janlll L HaMwl a,d men fuly delatled an Eldlibit A allacl.s ,-., n iuajlGI-.S ,...... by ralillrWlm, ii*> Soulhgal Sanitation District. n. City ~ mat aid ....... may be ..-will the ------of .. Olllricl. and that the Cly wil u. the ..-ge diietag;d inm the Cly's tnl1k line fl'om aid addltionll -. II in •xun1a11c• wittl the Cow.a:u's •-·•·1 dllld Nuv¥1lbal" 18. 19118. Awu;dlngl'I, Ellhibil A rlllln'ed ID in Pwai,llllh 1 of the Conneca's /ly-1•11 dlleCI Nuveillbal 18, 1W, ii lw'lby arnandld ID induda u:h addltionll --. 2. Each and ..., c,11,-provilion al the aid Connectar'I •-•• dllld Nowl1G11 18. 111111 .... rwnein unc:t-,ged . ........ ECOF,lhe.,.._~lltlllli',...._. ..... ... _.of_.,,_. ATTEST: CITYCI.IIIK (SE.All ATTEST: J ,··»•itt~..._ . .. .., (', .· .· (IEM.> ly:.,.....,......,... _____ _ •YOR SOUTHCIAff UNITA110N Oil INCT, flNl'#GMD mg M cauN1WI. COLORADO By: iu.+?n,d .......,. ~ E X H I B I T 1 • • '' • 0 , I • -• • .. .. • • -----~ ----~--- ' ' •. • • 0 I ----_ I ]- 11-~ •, -..:.:..: ·. ,, 106'-A:: • 0 • I --:_y-· ·_, -.s.' --· -,,E ·v ---R -, , I ec.-~· ·, , t:.~ AC.-:.-\ ·• SE .NE~ L !NE RE :M- --; 2URSE~ENT AREA \ ,·. "' - ' ' • _, 3:-0 ., • • • 0 :,,; ' '.) I - r . ) I • • • <. BY AUTHORITY COUNCIL BILL NO . 7 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO WATER CONSERVATION BOARD OF THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AN EASEMENT FOR THE CONSTRUCTION OF A CONCRETE BICYCLE/ PEDESTRIAN PATH ALONG THE SOUTH PLATI'E RIVER CHANNELIZATION PROJECT. WHEREAS, the United States Army Corps of Engineers has constructed improvements in the channel of the South Platte River in Arapahoe County, such improvements are known as the South Platte River Channelization Project; and WHEREAS, the primary purpose of the Channelization Project is to provide drainage, flood control and to maintain water flow ; and WHEREAS, the U .S . Army Corps and the City of Englewood entered into two agreements which give the Colorado Water Conservation Board the respollllibility of acquiring land, easements and rights-of-way for the Channelization Project and the duty of maintaining and operating the Channelization Project; and WHEREAS, the Colorado Water Conservation Board has acquired certain fee title interests, rights-of-way, and easements within the Channelization Project right-of- way for the purpoees of conatructing and maintaining the Channelization Project; and WHEREAS, the City wishes to acquire and the Colorado Water Conservation Board is willing to grant an easement for the construction, operation and maintenance of a concrete path on the Colorado Water Conservation Board's property within the Channelization Project as part of the City's Centennial Park/Arapahoe Greenway Trails Connection Project; and WHEREAS, the City of Englewood's coat for the easement llha1l be $725.00 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectign 1. The Intergovernmental Agreement for an Euement between the City of Englewood and the Colorado Water CoDJ1ervation Board of the State of Colorado is hereby approved. A copy of said Agreement ia attached hereto u "Exhibit 1" and incorporated herein by reference . • . .. .. •· • 0 , I ]- ] • • C. • ' <. 5ec;tign 2 . The Mayor and City Clerk are hereby authorized to sip and atteat, respectively, the said Agreement for and on behalf of the City Council anc! the City of Englewood , Colorado. Introduced, read in full, and puaed on first reading on the 6th day of April, 1998. Published 88 a Bill for an Ordinance on the 10th day of April, 1998. Read by title and puaed on final reading on the 20th day of April, 1998. Published by title 88 Ordinance No. _, Series of 1998, on the 2'th day of April, 1998. 'nlomaa J . Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City ofEnpewood, Colorado, hereby certify that the above and fontoinl ia a true copy of the OrdinaDce puaed on final reading and publiahed by title aa Ordinance No. _. Series of 1998. -2- ,. ~ . ' • . ' .. • • 0 I • • 0 I• • EASEMENT '4GUEMENI' nns EASEMENT AGREEMENT is made and mla'ed inlo, pursuant to Section 24-82-201 ·--C.R.S. (1997), on dus _ day of 1998, by and between tbe STA TE OF COLORADO far tbe UN and benefit of tbe COLORADO WATER CONSERVATION BOARD ("Gnm!Dr") and tbe City of Englewood. a polilic:al subdivision of the State of Colondo, ("Gramc"), whose address is 3400 S. Elali Street, Englewood. Colorado 80110 . WHEREAS. tbe Gnlll1Dr is an agency of the Stare of Colorado crealed and controlled by Tide 37, Article 60, C.R.S .• which functions for the welfare and benefit of the Stare of Colorado and its inhabitants; and WHEREAS, the Unital States Anny Corps of Engineers ("Corps") has constructed improvemems to the flow of waler in the channel of the Soudl Plane River ("River") in Arapahoe County, Stare of Colorado, with said improvemems known as the Soudi Plane River ClwmeliDlion Project ("Channelization Project"); and WHEREAS. the primary purpose of the Channelization Project is to provide drainage, flood comrol and Wider flow reguwion; and WHEREAS, the Corps and the Granter en=ed into two agreements which give the Granter the responsibility of acquiring land. easements. and rights-of-way for the Channelization Project and the duty of maintaining and operating the Channelization Project; and WHEREAS. the Grantor has · acquired certain fee tide interests. rights-of-way, and easements within the Channelization Project right-of-way for the purposes of consuucting and maintaining the Channelization Project; 111d WHEREAS. the Grantee wishes to acquire and the Gnnror is willing to grant an easement for the comuuction. opention and maintenance of a conc:rm pllb on the Grantor's property within die Channelization Project as part of the Grantee 's Cemmnial Part/ Anplboe Greenway Trmls Connection Project. WTTNESSETii : That for and in considemion of the gcner.al public i.-at and benem which will accrue &om tbe Grmtee's dcvetopment of tbe easement grarad ~in. the paymen1 of tbe sum of Seven Hundred Twenty-Five Dollars ($725.00) paid to the Grmuir by tbe Gramec.. and the kelpins and parfarmm of tbe COYemntl 111d qreemems bcmaafter expressed.. the Grantor pmrs. conveys. llwtin and detiwn to tbe Gw, subject ID tbe coadirioas set fonb below, a ooncx.clusive Eaemem for the SCHe parpcm of 111811 tbe land covered by said Eaaneat for CCllllll'UCting openblll and m•iminmc & concra pllb. wliicb sball be Uled by bicyclilll and pedllllriw widl UM by IIIOIDI izled vehicles prohibied by tbe Gnaac. baeiadu referred to a tbe Project. 111X111, 0¥S, ICIOII, below and lbroulh tbal pomon of land owned by tbe Grmmr II pat of lbe Saudi P!aae aw-finrion PTOject Chaeia&ftmr "Cbaaaetimion Pro.,ect"), siamed in lbe City of Ellp'WOOd Couary of Arlplboe, Sae ol Colando. wtlicll is more ftiily dacribed and shown in tbe map amched berelD II Exhibit A and inco.p.-d i... (be. . .._ "Plapefty"). TO HA VE AND TO HOLD. S110JeCt to my existina or recorded :a mean ad ripla-of-way, b' tbe pur1)0IC of ualizmt such Ew for tbe IOle pur,xm of COllllnlCtion. opannaa ad · « • Projecl b' tbe primary imn of ~-IM P ) ~ l'Xllllmmcina on tbe __ day of 1991. ad .... oa lbe _ day of :023 . At lbe opliall of lbe 0...... and if ......,.... by .. ar-ir. Ibis Easement may be mwWld for succeu,ve 1em1S provided 11111: (I) 0.... Im c:am,tiad widl all .. arms 111d Pip I ofS - E X H I B I T 1 • •· ' • 0 -• 0 - conditions set forth herein, (2) Grantee delivers written notice to Granter of Grantee's intention to exercise such option at least 180 calendar days prior to the last day of each of said terms, and (3) payment in full of the c:onsidcration for the whole next ensuing term accompanies the said written notice to renew. lbe Gtamor's approval of said renewals of this Easement shall not be unreasonably withheld. Gramee's consideration for each renewaJ of this Easement shall be the sum set forth above as consider.Irion for this Easement. adjued for inflalion. The parties agree that this Easement is subject to the following conditions: I. The Granter grants this Easement upon the express condition that tbe eslale herein grmled sball endure oaly so long as the Grantee utilizes the Easement for the sole purpose of COIISll'Udion, operuioa md ma· • w e of the Project in accordance with the plans and specifications submiued by the Grume to md approved by the Granter, which bave been signed by a professional engineer licensed in tbe Slllle of Cokndo 111d are incorpomed herein by this reference. Said plans and specifications shall include a reclamaliaa plan to ensure that Grantor 's property shall be restored as closely as possible to its original condition after the anm.·s construction of the Project. In the event that the Grantee uses this Easement for any purpose ocher than the specific uses identified herein. then all of the Gramee's right. title and interest in and to the above described Easement shall become null and void. and the Property shaJI absolurety revert to and revest in the Gnmor as fully and completely as if this instrument had oot been execured. without the necessity for suit or re~; and no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation or enforcement of such clause . 2. This Easement shall include the right of the Grantee to enter onto the Grantor's property for the sole purpose of constnJcting and/or maintaining the Project. Provided however. that upon the non-renewal, abandonment or termination of any of the Grantee's rights or privileges under this Easement. dte Gnunee's rights to dm extent shall terminate. However, the Grantee 's obligations to indemnify and hold hannless the Grantor. as more fully set forth below. shall not be terminated. 3. The Grantor and the Grantee expressly covenant and agree that dte terms and conditions of the Easement granted herein shall be in compliance with and subordinaR to the terms of the September 7. 1977 and January 29, 1980 Agreements (" Agreements") between the United Stms Anny Corps of Enginem ("Corps"), incorporated herein by this reference . This covenant and agreement include bu! are !IOI limillDd to the maintenance and oper.niona1 requirements on the Grmior and its desipees under !hose Aaieemeaa and the necessity for the Grantor and its designees to hive unlimited access to !he lands covered by this Eamlem to perform all necessary activities. The Gramee shall cooperaie with the Gramor md ill desipees in the performance of its maintenance and operational requiremencs. Violllion of this provision may be pounds for the Gr.111tor to immediately terminale dtis Easement. 4. During the term of this Easement. dte Granter sball have !he riaht to dispose of the subject land or to use dte same for other purposes subject to dte rights and privileges htftin pallllld to the Grancee. This EaNmeat shall be nonexclusive and subject to any prior e:uemena gnnted by the Grantor to third parties. and to all prior easements of record whedter granted by GnllllDI' or a pm,ious ~-The Grmaee apnaly apees to subordinate this Easement to all prior e:isemena within !he Project pallllld by the Granlllr. 1be Gant.or raerves the right to grant additional easemena to third parties. provided that said euemeall do !IOI ..-.rially interfere with the Easement granted herein . The Gramee qrees to shire this EaNment, provided dlar die additional easements do not marerially interfere with !he purposes for which !he inmm put is made. S. The Grantee expressly covenants and agrees thaL in the event ofterminlaon oftbis Easement, in the event that dte Grantee elects not to renew dtis Easement or no lonpr needs or desites dtis EaNmmt. the GrllllDr, at its ~:?ofS ... •· • 0 ' - • • "' - 0 I• • ' sole discretion, may require the removal , at the Grantee's sole expense. of all appurtenances from the property subject to this Easement. and may require the Grantee to restore tbc property subject to this Easement. as nearly as possible. to the condition of the property existing as of the elm: of the execution of this aar=ment. all to the Grantor's sole satisfaction. The Grantor shall determine in its sole discretion whether the proposed ,esr.ontion complies with this paragraph. 6. The Grantee agrees dw all excavations or odler tanponry removal of soil as required for the proper consauction md/or mainlaWICC of the Project shall be property replaced, and that tbe Easement sball be, a nearly as possible, restoaed and maimained in ilS original configuration and with similar vegetation. The Grantee shall also insure that the Property is left in a configuration satisfactory to and in compliance with the Channelization Project design plans and specifications prepared by tbc Corps. The Grantee shall be responsible at all times for tbc immediare repair or reimbursement for any damage to the Property due to the Gramee's use of the Easement. RoUleS of ingress and egress for construction and/or maintenance of the Project shall be limited to the minimum necessary locations. and all work areas caared by the Grantee on the Grantor's property for construaion and/or maimmance purposes must be obliterad, prolllded against erosion, and resund ID the former condition of the Property. as nearly as possible. The Gnmu,r shall demrmine.. in its sole disc:fftion, whether the Giantee's restoration complies with this paragraph. In ~ event tbe Gramee fails ID perform the restorative or revegemive work requiaed by this paragraph to the sole satisfaction of the Granter, and aftm-lbirty (30) days prior wriaen notice specifying with panicularity the failure and indicating the remedial steps needed to cure same. the Grantor shall be allowed to perfonn said work and the Grantee shall pay within lbirty (30) days all direct and indirect costs incurred by the Grantor for restonirive or .revegewive work including. but not limited to. regr.Miing. filling. revegewion. erosion control. and replacing of soil. 7. The Grantee understands and agrees thal so long as the Grantor is the owner of the underlying fee interest to the subject property, the Grantor may, in ilS sole discretion, require the Grantee to reloc:ale a portion or portions of tbe Project by giving the Grantee at least ninety (90) days prior wriaen notice of such requirement. All relocation costs shall be paid by the Grantee . lo tbe event tbe Grmtee fails to reloc:ale within ninety (90) days. the Grantor shall be allowed to perfonn such worit and tbe Grantee shall pay to the Grantor, within lbirty (JO) days of submission of costs by the Grantor. all direct and indirect COSIS for the same. 8. The Grantee understands 311d agrees thal its facilities are subject to damage and total loss without liability accruing to the Grantor as a result of flooding. as the result of the maintenance and operation of the Channe li uuon Project. or JS a result of emergency or repair operations to and in the Channelization Project by the Grantor. the Grantor's designees. or the Corps. 9. The Grantee shall be sole ly responsible for maincenance of me Project. including. but not limned to., sweeping and snowplowing of tbe Project. and shall prov ide an annual report of its maintenance activities penaining to the Project to tbe GranlDr by October I of every year. 10. To the extent penniaed by law, the Grantee acrees to indemnify and hold harmless tbe Grantor apinsl all liab ility and loss. and against .ill claims 311d actions bued upon or arising out of damage or injury ID penoas or property, c3USed by any 3Ct5 or omissions of the Grantee. ilS successors. assip. agents or conncmn. 11 . Throughout the term of th is Easement. including but nOl limited to any renewal term, tbe G....-e shall mainrain continual commercial gener.il liability insurance covering iis use of the ~ent. Said insurance sball name the Grantor .is an add itional insuaed . A copy of the current certific:lle(s ) of insunnce and additional ~ endorsement(s) shall be attached to this Easement as E:dlibit Band incorporared herein. Nocic:a ofremwal of this insurance shall be prov ided to the Grantor on an annual basis. Said policy shall provide CO¥erap in die • . ... I· • 0 , • • . . amounts established by tbe Colondo Governmental Immunity Act (Anicle 10, Tide 24, IOA C.R.S.), boch now and as hereafter amended. 12. In the event that !be Gnmee c:onm for any wort ID be performed on !be propenies. the Gnaree shall ieqain: ics conlnlCtOrS and subcontractDrs. except !be Coips. ID indemnify, save and hold harmless the GrmdDr, ics emp~ and apna, and !be Corps from any 111d all claims, dlmaps, and liabilities whmoever-far injury or dalh ID persons or damage ID propeny arising &om !be axllnCIDis' -.J/or subcoauac1Dis' actions or imc:rions All comrat'IDIS and subcoi111acto1s shall abide by 111d fotlow the provisions of1his Easement. 13. It sbaJl be !be sole responsibility of !be Grw ID oblain all n I y and applicable local. aat and &dlral approvals and pennies for !be purposes -fol1b 1-ein. 1be a.-sbaJl comply with all reaoaable rules, rqulabons and policies audlorimi¥ely promuJl*I penainiag ID !be ua of !be Ealanent lands, includia&, but DOC limillld to, local. Slale and federal flood plain regnlarioas Noacompliance by !be Gnaree with any such pamit, rule, reguJaaon or policy may be grounds for !be Grwar ID immedilMly 111mimle this Euemcar 14. The Grmtee unde.Slauds and agrees dw !be Gramor makes 110 ,epewutations conceming ownership of nor wammts title to any of the property underlying the Easement. To die' exmit that this grant of Easement may encroach on lands not owned or controlled by the Gramor, !be Grmnee assumes all responsibility for any such encroachment. IS. A copy of the ordinance duly adopied by the City Council of the Gnntee, authorizing the Mayor ID~ and to comply with the conditions of~ Easement, is attached hereto a Exhibit C and inc:orponned herein. 16. The Grantee shall be responsible for recording this Agreement with the Clerk and Recorder's Office of Atapahoe County, Colorado and shall provide a conformed copy of the recorded agreement to the Gi'IIIIIDr. 17. All of the provisions of this Easement shall be binding upon all the parties hemo and their suc:cessors, assigns. apDIS and comraaors. 11. The signaa,ries to this Easement aver that, ID their knowledfe. no Stale employee hu any penonal or beneficial imerest whllsoever in the property described herein . 19. This Easement shall not be deemed valid unless and until approved by the officials and officers of the SC. of Colorado II required by Secaon 24-12-202. C.R.S. ( 1997) and by !be COllll'Oller of !be Sc. of Colcndo, or such usislams a Ibey may desipme. IN WTINESS WHEREOF, the parties henlD have euc:ullld dus imlrument on the dale first above wriam. GRANTOll STATE OF COLORADO Roy Romer, Governor By __________ _ For the Executive Direct.or DEPARTMENT OF NA l1JRAL RESOURCES Colorado Wamr Conmvuion Board Peter H. Evans. Di.-:tor Pap4ofS . . ' ... •· • 0 , - GRANTEE: City of Englewood By _________ _ STA'Ir: OF COLORADO COUNTY OF DENVER ) )IL ) • • ,, ATTEST: The fingoing imcrumaa WIS aclmowledpd befiJre me Ibis _ day of 1991. by Peller H. Evans, as Deputy Dinldor of die Colorado w-. Coaservation Board. on bebaJf of die Slalle of Colondo. W"tmess my hand and official seal. My commission expires _____ _ STA'Ir: OF COLORADO COUNTY OF ) )Is. ) Notary Public The fingoiag inaUW WIS aclmowledpd before me Ibis _ day of -----1991, by Thomas Bums. as Mayor of die City of Englewood. W-1111111 my bmd 111d oflicial seal. My commission expires _____ _ APPROVED : STA'Ir: OF COLORADO By _________ _ APPROVED : Division of Purchaing By---------~ Neary Public APPROVED: Dlpaw of PwlOIIIIII s.. 8alildinp PrapaDs By __________ _ EUCUliw OinlcD' APPROVED: Division of ACCOUIID 111d Coalrol Cliftbrd Hall. SC.. ea.olllr By __________ _ Plp5of5 •, .. •· • 0 • ,,, - 0 • .. • ,. ---------.. _,. -... - ' • CDINII, ,.,,& ICl/4 9CIUIM UNI IC1/& _.. L ETllllt I . 1111, -11N , ..... • WC Tai: • LM -.... t-s L1 ..... -nr, .. , --· ·--.,...,..... .. , .. --==--=--u a,r iii!---I· • fllDIIICr' -.. 0 &J,,• :I-A ......... ...,. • • ' f - - • 0 • '· BY AUTHORITY t• COUNCIL BILL NO . 19 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ASSIGNING AND TRANSFERRING TO THE CITY AND COUNTY OF DENVER, COLORADO, THE 1999 CITY OF ENGLEWOOD, COLORADO ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY AND CERTAIN OTHER cmES AND COUNTIES IN THE STATE OF COLORADO; AUTHORIZING THE DELEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF ENGLEWOOD , COLORADO WITH RESPECT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS") TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO ; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING THE EXECUTION ANO DELIVERY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, Colorado (the "City"), and the City and County of Denver, Colorado (the "Issuer"), are each authorized by the County and Municipality Development Revenue Bond Act, constituting article 3 of title 29, Colorado Revised Statutes, 88 amended (the "Act"), to finance projects 88 defined in the Act , including residential housing facilities for low-and middle-income persons and families; and WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance, 88 the cue may be, to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in acope and time and may be irrevocable for the term or terms of any financing agreement or bond issue, all 88 provided in such resolution or ordinance; and WHEREAS , the Issuer proposes to issue single family home mortgage revenue bonds pursuant to the Act (the "Bonds") to finance residential houaing facilities for low -and middle-income persons and families within the City and other cities and counties in the State of Colorado (the "Single Family Mortgage Loan Program"); and WHEREAS, the City desires to delegate to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City; and WHEREAS , it is necessary to evidence such delegation by the execution and delivery by the City of a Delegation Agreement (the "Delegation Agreement") between the City and the Issuer in substantially the form presented at this meeting; -1 - ,,,_ • . ' •· • 0 -• • • <. NOW, 111EREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF [CITY): S@ction 1. In order to facilitate the origination of single family mortgage loans within the boundaries of the City of Englewood, Colorado 88 part of the Single Family Mortgage Loan Program, the City of Englewood, Colorado hereby (i) delegates to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with reapec:t to the Single Family Mortgage Loan Program within the City and (ii) approves, and authorizes and directs the Mayor of the City to sign and deliver and the City Clerk to attest and deliver and the Delegation Agreement in BUbetantially the forms present.eel at this meeting. Copies of the propoeed Delegation Agreement ia on file in the office of the City Clerk and ia available for inspection by the public. Section 2. The Council hereby approves the Bonda and the Single Family Mortgage Loan Program for purposes of Section 147(f) of the Internal Revenue Code of dl986, 88 amended. Section 3. The Mayor of the City ia hereby authorized and directed to eec:ute and deliver and the City Clerk ia hereby authorized and direc:t.ed to attest and deliver such other agreements and certificates and to take such other actions 88 may be necessary or convenient to carry out and give effect to the Delegation Agreement and thia Ordinance, including any agreement or certificate approving the Bonda or the Single Family Mortgage Loan Program for purpoaea of Section 147(f) of the Internal Revenue Code of 1986, 88 amended. Sectigp 4 . Nothing contained in thia Ordinance or the Delegation Agreement ahall constitute a debt, indebtedness or multiple-fiacal year direct or indirect debt or other financial obligation of the City within the meaning of the Conatitution or statutes of the State of Colorado or the home rule charter of any political IUbdiviaim thereo{, nor give riae to a pecuniary liability of the City or a charp against ita pneral credit or taxing powen. Sectigp 5. If any aection, paragraph, claw or provision of this Ordinance ahall for any reuon be held to be invalid or unenfon:eable, the invalidity or unenfon:eability of any 1uch aection, parqraph, clauae or proviaion ahall not affect 11ny of the remaining proviaiona of this Ordinance. Introduced, read in full, and puaed on first readiq Oil the 6th day of April, 1998. Publiahed u a Bill for an Ordinance Oil the 10th day of April, 1998. Read by title and puaed on final readins on the 20th day of April, 1998. ,,_ . ' • . "· • • 0 f "}" , I - ' ( • • • ,.. • l• . • ' ,, Published by title as Ordinance No . _, Series of 1998, on the 24th day of April, 1998. Thomas J. Burns, Mayor ATTEST : Loucriabia A. Ellis, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paaaed on final readinl and publiahed by title as Ordinance No. _, Series of 1998. Louc:riabia A. Ellis -3- "'~ . , ' .. • • 0 l I -• • - CERTIFICATE OF THE CITY OF ENGLEWOOD, COLORADO Relating to CITY AND COUNTY OF DENVER, COWRADO SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (METRO MAYORS CAUCUS SINGLE FAMILY MORTGAGE BOND PROGRAM) 1998 SERIES A AND 1998 SERIES B The undersigned Mayor and City Clerk of the City of Englewood , Colorado hereby certify that: 1. Ordinance. Attached hereto is a true and COrTeCt copy of an Ordinance of the City Council of the City of Englewood, Colorado (the MCouncil") that was adopted by the Council in accordance with applicable law on the date indicated therein (the "Ordinance"). All meetings of the Council at which action relating to the Ordinance were properly noticed in the manner and at the times required by law, were open at all times to the general public and were attended by a quorum of the Council. The Ordinance has been signed, attested, sealed and made a permanent part of the records of the Council in accordance with applicable law; is in full force and effect; and has not been amended, modified or repealed since its adoption. 2 . Delegation Aareement. Attached hereto is a true and correct copy of a Delegation Agreement dated as of the date indicated therein (the "Delegation Agreement") between the City of Englewood, Colorado and County of Denver, Colorado (the MIBBuer"). The Delegation Agreement has been duly authorized, executed and delivered by the City and, upon due authorization, execution and delivery by the luuer, will constitute a valid and binding obligation of the City, enforceable against the City in accordance with its terms. 3 . Approval ol 8-ds lllld Project. A public bearing on behalf of the Council, the City and the Iuuer was held in February 20, 1998 and March 30, 1998, in the Office of Planning and Development for the City and County of Denver, Denver, Colorado. At such public hearing, all intereated s--a were given an opportunity to e:a:preu their views, both orally and in writing, on the propoeed iBBuance of the Bonds and the location and nature of the Single Family Mortgage Loan Program. The Council has received a report of the hearing. The Mayor of the City of Englewood, u the chief elected executive official of the City of Englewood acting u such after such public bearinc, hereby approves the Bonds and the Single Family Mortpp Loan Program, which approval is intended to comply with the provisions of Section 147(f) of the Internal Revenue Code of 1986, u amended . IN WITNESS WHEREOF, we have hereunto set our hands thia ___ day of ________ 1998. ATTEST : Thomas J . Burm, Mayor Loucriahia A. Ellis, City Clerk -4- ;- • . , •· • 0 I - ·" • • I• - (, DELEGATION AGREEMENT THIS DELEGATION AGREEMENT (this "Delegation Agreement") is between CITY OF ENGLEWOOD, COLORADO, a home rule municipal corporation and political subdivision of the State of Colorado (the "City"), and the CITY AND COUNTY OF DENVER, COLORADO, a home rule city and a municipal corporation of the State of Colorado (the "Issuer"). RECITAL& WHEREAS, the City and the Issuer are each authorized by the County and Municipality Development Revenue Bond Act, constituting article 3 of this title 29, Colorado Revised Statutes, 88 amended (the "Act'), to finance projects as defined in the Act, including residential housing facilities for low-and middle-income pe.rsons and families; and WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance, 88 the case may be, to any other county or municipality authority to act on its behalf in the financing of projects under the Act and that any such delegation may be general or limited in scope and time and may be irrevocable for the term or terms of any financing agreement or bond issue, all as provided in such resolution or ordinance; and WHEREAS, the City desires to delegate to the Issuer the authority of the City of Englewood to finance and otherwise take action and exercise power under the Act on behalf of the City of Englewood with respect to the Single Family Mortgage Loan Program within the City. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the City and the Issuer hereby agree as follows : Sec;tigp 1. The City of Englewood, Colorado hereby delegates to the Issuer the authority of the City to finance and otherwise take action and exercise power under the Act on behalf of the City with respect to the Single Family Mortgage Loan Program within the City. Ses;tigp 2. The Issuer hereby accepta the delegation of authority from the City punuant to Section 1 hereof and agrees to abide by each of the terms and conditions of this Delegation Agreement in connection with the use of such delegation . The Issuer agrees to make available to the City no later than May l, 1998, a portion of the proceeds of the Bonds for the origination of home mortgages within the City's boundaries . IN WITNESS WHEREOF, the City and the Issuer have cauaed this Delegation Agreement to be executed to be effective as of , 1998. [SEAL] CITY OF ENGLEWOOD ATTEST : BY~~~~~~~~~~ Thomas J . Buma, Mayor BY ~~~~~~~~~~~~~ Loucriahia A. Ellia, City Clerk -5- •. • .. ., •· • 0 , • • • • I • • ' COUNCIL COMMUNICATION Date April 20, 1998 10 Ci Initiated By Staff Source "' - \ ~ Subieet Reappointment of Associate Judge Tracey M. Dawson Municipal Court Tamara Wolfe, Court Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Municipal Court is trying to maintain Council's goal of providing appropriate service levels by requesting that they continue to appoint Associate Judges to serve the City of Englewood. RECOMMENDED ACTION Judge Vincent Atencio would request that the Council reappoint Tracey M. Dawson, to another 4 year term as an Associate Judge for the City of Englewood, commencing May 5, 1998 and expiring May 4, 2002. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Associate Judges are required in order for the Court to maintain a full time schedule. They fill in for the presiding Judge when there is an illness, conflict of interest, or vacation. Judge Dawson has served the City well in past terms. FINANCIAL IMPACT There is no additional financial impact, as Associate Judges are budgeted for on an annual basis. UST OF ATTACHMENTS Proposed resolution .---------~ ' .. • • 0 ]- • • • • A RESOLUTION FOR REAPPOINTMENT OF TRACEY M. DAWSON, AS ASSOCIATE CIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article IX, Part 0, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more ueoc:iate ju~. who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, because Tracey Dawson'• preeent term espin,11 May 4, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ,. -. Sec;tign 1. Tracey M. Dawson, shall be and hereby is reappointed u Auociat.e Municipal Judge in and for the City of Englewood, Colorado, for a term commencing May 5, 1998 and es:piring May 4, 2002. ADOPTED AND APPROVED this 20th day of April, 1998. Thomu J. Buru, Mayor ATTEST : Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk for the City of &,lewood, Colorado, hereby certify the above is a true copy of Rellolution No ._, Seriee of 1998. Loucriabia A. Ellis ·- .. • • 0 f __ I -• • • COUNCIL COMMUNICATION Date Agenda Item Sul)lect April 20, 1998 10 C ii Concrete Program 1998 Initiated By Department of Public Works I Staff Source Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed concern about the City's goal for meeting ADA standards for City public concrete , and directed staff to proceed with proposed Concrete Program 1998. RECOMMENDED ACTION Approve, by motion, to award a construction contract to Thoutt Brothers Concrete Contractors, Inc. for Concrete Program 1998 in the amount of $108,363.50. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed program consists of construction of improvements to 98 handicap ramps in the City . For the past several years, staff has worked towards developing a City-wide concrete program addressing existing sub-standard concrete and complying with the American with Disabilities Act in constructing handicap ramps . Staff believes that initiating a large concrete program provides us with a program to best address the City's concrete needs in this area . The cost of these improvements are borne by the City through monies budgeted in the Public Improvement Fund (PIF). Costs Include concrete construction , incidental storm sewer construction, administration , engineering, surveying , testing , and miscellaneous incidentals. A review of references provided by Thoutt Brothers Concrete Contractors, Inc . indicates their work is satisfactory. They have completed similar projects for the City in past years, including Concrete Programs 1996 and 1997 . FINANCIAL IMPACT Co ncrete Program 1998 Is scheduled for construction during the summer of 1998. Funding for the project in the amount of approx imately $156.000 is available in the PIF . Bids were opened for Concrete Program 1998 on April 2 , 1998. Plans and Specifications were obtained by nine (9) contractors , and five (5) bids were received as follows : Thoutt Brothers Cyrus Delano Company Co nc rete Works of Colorado . Inc . L & L Concrete St ac kholm $108,363.50 157,099.00 160,700.00 171 ,858.75 185,134 .10 .. ,, •· • 0 ]- • • t' • .. ·.., • . ' The Engineer's estimate was $140,000. Adequate funding is available in the Public Improvement Fund. Anticipated 1998 Concrete Program fund breakdown is as follows: Total funding available This Contract Additional Unidentified Work (ADA ramps) Administratlve/Engineering.lSurveyin!>' Material Testing and necessary Appurtenances and incidentals Associated with Concrete Program. UST OF ATTACHMENTS Bid Tabulation Sheet $108,363.50 31,636.50 $156,000.00 16,000.00 (10% of total project) $156,000.00 -----~---- "~ . , .. • • 0 f ---. I ]- BldderlPlan Holder Emrineer' s Estimate llfOUIT BROTHERS CYRUS DeLANO CO. CONCRETE WORKS L & L CONCRETE STACKHOLM • • - <, CONCRETEPROGRAM1998 BID PROPOSAL TABULATION BueBld Bond $140,000.00 $108 ,363 .50 $157,099 .00 $160,700 .00 $171 ,858 .75 $185.134.10 . ' ,. .. A......-ka • • 0 , I - • • 0 •, • COUNCIL COMMUNICATION Date Agenda Item Subject Purchase of Golf Course Maintenance Apri120, 1998 10 C iii Equipment Initiated By Department of Parks and Recreation I Staff Source Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To continue to develop the City's Five Year Capital Plan to ensure needed capital commitments are identified, financed and implemented. No previous Council action has been taken on the two triplex mowers or the fairway aerator. Previous Council action included approval of a Jacobsen LF-100 in 1994 and a Jacobsen LF-123 in 1996. RECOMMENDED ACTION ,. - A recommendation from the Parks and Recreation Department to approve, by motion, the purchase of two Jacobsen Tri-King 1800G mowers from Mile High Turf Equipment, Inc. and a Toro Reelmaster 5200-0 and a Cushman GA60 from L. L. Johnson Distributing, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Six pieces of equipment were sent out to bid, in one packet, to three different vendors. Three of the bids came back over $20,000 and are required to have Council approval. Three other pieces of equipment that are under $20,000 are also listed on the bid tabulation sheet. The Englewood Golf Course has 140 irrigated acres of turf grass to maintain. The equipment is needed to maintain the Gott Course and Par 3 to acceptable playing standards . FINANCIAL IMPACT Funding for the equipment was approved, by Council , in the 1998 Golf Course Maintenance Budget. The cost of the new equipment after a trade-in allowance is as follows : Toro Reelmaster 5200-0 Cushman GA60 Jacobsen Tri-King (2) UST OF ATTACHMENTS Bid Proposal Tabulation $25,742 .00 $23,105.00 $30,160.00 •. ... • • 0 , • • City of Englewood Bid Tabulation Bid lllma: Fairway Aerator, Greens Aerator, Greens Mower, Triplex Mower, Top Dresaer, Lightweight Fairway Mower Bid Opening: March 28, 1998 10:00am VENDORS: L. L Johnaon Dist. Mlle High Turf Colorado Golf & Turf 303-320-1270 303-280-2272 303-712-3322 4700 tfoltr Street 1901 C LeRoy Dr. 3025 S Wyandot St. NUii. ITEM QTY Denver, Co I0211 Northglenn, Co 80223 Englewood,Co.10110 1 Flirwly AMMOK 1 S 23,105.00 NIB s 7,890.00 10....,.,.. 1 $ 11,295.00 $ 7,934.00 NIB J LNa Trade In : $ (1,000.00) $ (200.00) NIB 111111 Toro 0.... A«aflx 40....MIMS 1 $ 16,163.00 $ 16,935.00 NIB I Trlplu MIMS 2 $ 36,458.00 $ 30,210.00 NIB I LNa Trade In: 2 S (1,000.00) $ (50.00) NIB 11113 JacabNrl 1871 111118 Nallonal Hydro 70 ITap~ 1 7 .380.00 $ 7,150.00 $ 8,200.00 1t LNa Trade In : 1 $ (500.00) $ (800.00) $ (500.00) 111112 Turfco U..-Malic Mod . 85422 11 UghllNlghl Flirwly MIMS 1 $ 28,242 .00 $ 29.559.00 NIB ti lMI Trade In: 1 S (2,500.00) s (3,000.00) NIB 11114 Jec:obNII LF-100 11 PIIII..._. 8 N/C N/C N/C u &hap Selvlce Manual 8 N/C N/C N/C TOTAL BID s 117,843.00 s 87,738.00 $ 15,590.00 EXCEPTIONS: None Ulled -See Letter None Listed -See Listing 111d See Exception, Addendum Page 1 (GOLF COURSE EQUIP.TAB) , • l. 0 • I , . r I 0 • ~ '\, • -• • t• • ' COUNCIL COMMUNICATION April 20, 1998 Initiated By Department of Administrative Services Utilities Department 10 C iv Staff Source SUblect Allen Plant PBX Lease/ Purchase Agreement Chris Diebold, Manager of lnfonnation Services Stu Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval, by motion, in January 1997 authorizing the lease/purchase of the current City PBX Telephone System . RECOMMENDED ACTION "~ Staff seeks Council approval, by motion, for the award of the PBX expansion project for the Allen Plant to Lucent Technologies, Inc in the amount of $24,334.47. This is a four-year lease/purchase agreement with the annual appropriations clause . This pricing was derived from State contract P97S85T . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the City has telephone switches and data communications equipment at City Hall (which supports Safety Sarvices), the Servicenter (which also supports the Bi-City Wastewater Treatment Plant), Recreation Center, Golf Course, Malley Senior Center, and the Miler Building. All of the switches are networked together and provide centralized management and voice mail. The purpose of this project is to incorporate the Allen Filter Plant into the City's voice and data communications network. The Allen Filter Plant currently utilizes a small phone switch and a single Off-Premise Extension (OPX) to communicate with the rest of the City and the external environment. By instaning a PBX and networking the instaHation into the City's network, we would be able to improve off-hours customer service and enhance communications between the Utilities Department, the Allen Filter Plant, and the Metershop . FINANCIAL IMPACT Funds for the 1998 portion of the lease are available in the 1998 Capital Projects Fund (FYCP). UST OF ATTACHMENTS None . . ' • .. •· • 0 • • • COUNCIL COMMUNICATION Date Agendaltem Subject Community Resource Center PBX Lease/Purchase April 20, 1998 10 CV Agreement lnltlalad By Staff Source Department of Administrative Services Chris Diebold, Manager of Information Services Department of Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approval, by motion, in January 1997 authorizing the lease/purchase of the current City PBX Telephone System. RECOMMENDED ACTION Staff seeks Council approval, by motion, for the award of the PBX expansion project for the Department of Safety Services' Community Resource Center, to Lucent Technologies, Inc in the amount of $25,299.72. This is a four-year lease/purchase agreement with the annual appropriations clause. This pricing was derived from State contract P97S85T. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the City has telephone switches and data communications equipment at City Hall (which supports Safety Services), the Servicenter (which also supports the Bi-City Wastewater Treatment Plant), Recreation Center, Golf Course, Malley Senior Center, and the Miller Building. All of the switches are netwofked together and provide centralized management and voice mail. The purpose of this expansion is to incorporate the Safety Services Community Resource Center into the City's voice and data communications netwofk. The Community Resource Center at 2909 S Broadway currently uses two analog phone Unes that were installed as an interim solution. Staff investigated eeveral options, but concluded that installing a PBX would be the best long-tenn solution. In the event of a move to another location, this equipment would be transferred and re-installed. By installing a PBX at this location, the Impact team and the Community Relations Officer will return to the level of service provided at their previous location. Staff believes that this capability improves communications with the community, enhances customer service, and strengthens communications and teamwork within Safety Services. In addition, the new switch will support the Computer Aided Dispatch/Records Management System (CAD/RMS). The current analog phone lines will not adequately support the requirements of this technology. FINANCIAL •PACT Funds for the 1998 portion of the lease are available in the 1998 Capital Pro;ects Fund (FYCP). . . • • 0 I ]- 1 . 2 . 3. 4 . ~ 5 . 1,0 6 . 7 . 8 . ~,D 9 . • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 20, 1998 7 :30 P .M. Call to order. 2 : I tJ ~ Invocation . Pledge of Allegiance. RollCall. 7pJ Minutes. a . Minutes from the Regular City Council meeting of April 6, 1998. Scheduled Visitors . (Please limit your presentation to ten minutes.) a. a . Students and advisors from the Sheridan AVS Building Trades program will be present to iscuss a P.roject they are undertaking in Englewood. . O.:.U.t.o , t eodnty Commissioner and Denver Regional Council of Governments Board Member, will present the City of Englewood with the 1998 Local Government Innovations Award. Englewood has been honored by DRCOG in the Public/Private Partnership category for the ·sate Summer -Youth Outreach· program. Representatives from Englewood's Department of Administrative Services will be present to discuss their award-winning -Career Development Plan· and "Living Weir programs . Administrative Services was recently honored with the 1998 Human Resources Best Practices Award by the Mountain States Employers Council. A proclamation declaring the week of April 19-25, 1998 as Always Buckle Children in the Back Seat Week . Public Hearing. }) Jf4 tJ(Wf1a . 1' 1,() l<J.1!4~ 7-0 A public hearing to gather citizen input on a proposed bill for an ordinance amending landscaping standards. • PINN not.: If you haV9 • dlubllly and need auxtllary aids or wvlcee, plNN nollfy tlle City ol !191aoocl (782-2405) at INst 48 hours In advance ol whan ~ .. IINdad. Thank you. •. • • 0 , c-----__,....---'"ff'"'----------------=--------------.-,,~ • ]- 0 t• • • Engl-ood City Council Agenda April 20, 1998 Page2 V i"~ //'o 10. Consent Agenda. a . Approval of Ordinances on First Reading. i. ii. iii. Recommendation from the Utilities Department to adapt a bill for an ordinance approving a Pipeline Crossing Agreement at Yale Avenue with Union Pacific Railroad. STAFF SOURCE: Stewart Fonda, Director of Utllltles. • Recommendation from the Utilities Department to adopt a bill r an ordinance approving a Pipeline Crossing Agreement at Kenyon Avenue with Union Pacific Railroad. STAFF SOURCE: Stewart Fonda, Director of Utllltles. Recommendation from the Utilities Department to adapt a bill for an ordinance approving Southgate Supplement #137. STAFF SOURCE: Stewart Fonda, Director of Utllltles. b . Approval of Ordinances on Second Reading. t o~-!)'f 0~·1a1 i. ii. Council Bill No. 7, approving an Intergovernmental Agreement with the Colorado Water Conservation Board authorizing an easement for a bicycle/pedestrian path. Council Bill No. 19 -A Bill for an Ordinance approving an Intergovernmental Agreement with the City of Denver assigning and transferring a portion of Englewood's 1999 allocation of private activity bonds to finance residential housing facilities for low· and middle-income persons and families. c . Resolutions and Motions . ii. iii. Recommendation from the Municipal Court to Associate Judge Tracey M. Dawson. STAFF Admlnlstralor. Recommendation from the Department of Public Works to app a construction contract for Concrete Program 1998. Staff recommends awarding the bid to the low bidder, Thoutt Brothers Concrete Contractors, Inc. in the amount of $108,363.50. STAFF SOURCE: ChartN Ealerty, Dll'9Clor of Public Worb. mendation from the Parks and Recreation Department to approve , by e purchase of golf course maintenance equipment, awarding the bids to the o st technically acceptable bidders . Staff recommends awarding the bid for two Jacobsen Tri-King mowers to Mile High Turf Equipment, Inc., in the amount of $30,160.00; the bid for a Toro Reelmaster 5200-0 to L . L . Johnson Distributing , Inc ., in the amount of $25,752.00; and the bid for a Cushman GA60 to L. L . Johnson , in the amount of $23,105.00. STAFF SOURCE: Deft LN, Manager of Open Space. PINN nola: N JOU have a dlHblllly and IINCI....., aide or wvlDea, ....... nollfy Ille CIIJ of 11 ... aood (712-2405) at.._. 41 holn In advanoe of when..,,... .. ........_ Thank you. .. .. • • , - • • • 0 • . cngl-ood City Council Agenda April 20, 1998 Pagel iv . V. ~ec mmendation from the Department of Administrative Services to approve, fr/ lease/purchase agreement for the PBX expansion project for the Allen Plant. Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process, Lucent Technologies, in the amount of $24,334 .47 . STAFF SOURCES: Chris Diebold, Manager of Information Services, and Stewart Fonda, Director of Utllltles. Recommendation from the Department of Administrative Services to approve, 111,111111•• a lease/purchase agreement for the PBX expansion project for the ~Mllment of Safety Services' Community Resource Center . Staff recommends awarding the bid to the lowest bidder through the State of Colorado bid process , Lucent Technologies, in the amount of $25,299 .72 . STAFF SOURCES: Chris Diebold, Manager of Information Services, and Chris Olson, Director of Safety Servk:N. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Second Reading . c. Resolutions and Motions. 12 . General Discussion. 13. a . Mayor's Choice . b. Council Members' Choice. City Manager's Report. a. Englewood Center Update. b . Recommendation to go into Executive Session immediately following the regular City Council meeting to discuss a real estate matter. 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council between 4/3/98-4/16/98 : • Englewood Downtown Development Authority meeting of February 12, 1997 • Englewood Housing Authority meeting of February 25, 1998 Englewood Cultural Arts Commission meeting of March 4, 1998 • Englewood Parks and Recreation Commission meeting of March 12, 1998 • Englewood Liquor Licensing Authority Telephone Poll of March 18, 1998 • Englewood Liquor Licensing Authority Telephone Poll of April 1, 1998 PINN note: H you haves dlublllty and need auxll.-y alcla or Nl'VlcN, plNN notify the City of Englewood (712·2405) at leut 41 ttoura In advance of when NrYlcH .. IINded. Thank you. ' -~-· •· • 0 • ,,. . - 0 :. - I • 0 ' • 0 : • • -_()j .. ..: --~ - ----------------I· • ----------- ' • ' 2 ]- • • • • • .• NIIIIIOli moV9d to -fUndl u ol-In h-. ol $10,IIOO.OO to fund Ille CINn, Or-. and Proud Good Nalgllbar a.,.. App1Md 7-4 NIIIIIOli IIIDV9CIID fund lwll ,__ for .. CINn, Or-. and Proud FlllllunWIWll mi June I , 1-In h _.. ol $31111.00. App1Md 7-4 ,. -. •. .. .. • • 0 ,. I • • t, •, • 1 MAH KUESS, l'llESIDENT ORCHARD PLACE RESIDENT COUNCIL Mr. Mayor, City Council Members: At your last meeting, you had a number of persons complaining about the benches in our lobby. You must understand that these benches were placed because of many complaints by the residents about some of its residents socializing in the lobby and making remarks about guests and eavesdropping on conversations with office personnel. 1be concern of residents that these people were starting gossip about them and their guests cause much concern. The benches serve to allow people to rest for a short time and permit people to wait for their transportation (cab, bus, etc.). In addition, the noise level in the lobby has been greatly reduced allowing the property manager to conduct business in a more professional manner without concern that someone will eavesdrop on telephone conversation or private conversations. Orchard Place has a library that has been set up with new couches and chairs that are very comfortable for people to converse and socialize and to wait for rides if they so choose. In addition to the benches in the lobby, a park-type bench has been placed in the outer lobby. The Resident Council passed a motion to keep the benches in the lobby and the vote was 30 for, 2 abstentions, and 1 against. Please understand that the majority of the people in our building feel that the new administration is doing an excellent job in that they do listen to the majority and not a minority. ~ y_ouJJ091our ti~e, •'/~~~ Marie Klaess ,- 'I • • 0 • . . •. - •· • 0 l Apri l 13 . i QQ~ C it~ ~fanager and C.,uncil City of Englewood 3400 So. Elati St. Englewood. CO 80110 Dear City Manager and Council : • • A i,s COMPJCJ:.tll:.NSWE BUILDING TRADES I SHERIDAN HIGH SCHOOL INDUSTRIAL TECHNOLOGY PROGRAM "' - 6a This communication is to inform and supply you with some pertinent information on a program that is presently in existence berween the City of Englewood and the Arapahoe· Douglas Area Vocational School/ Sheridan High School lndusuial Technology programs. This partnership is cenainly exemplary and represenu a "win-win" situation for bod! entities. Allow us to explore some of the positive attributes of this propam: • Meets the School-to-Career initiative. which is a major focus of our national and sute governmenu. • Meets the need of industry and the major shona&e in the labor force. • Program is educational-based and attempts to improve the image of the industry. • Apprenticeship concept is exhib• in its lnleSt form . • Aniculation agreements with post-secondary institutions which will generaie future benefits for the trade, students, and conununity; which equates to Mreal-life" situations. • Cost Effective ArchjtecJURI (Srudents from the Sheridan High School Industrial Tech,10logy Department design the structure-per parametm supplied by the City of Englewood) Cost Savings C onstruction/T radcs (Students from the Arapahoe -Douglas Area Vocational School provide the labor for most of the aspects of the construction of the project) Cost Savings • Applied Academics Students learn math and language ans skills in a related siruation i.e . measurements. reading of plans and blueprints. and the coordination and implementation of these skills . This allows students to make connection "ith their home high school academic classes. In closing. it is our intention that you look carefully II this program; and continue to fund this most worthwhile project. It certainly meets all of those attributes ofa Municipal/Educational pannership. The intent of this project is to provide a vibrant and informed work force. which exhibits a positive wort ethic. In addition please join us on Wednesday May 20. 1991 from 4 :00 p.m. until 6 :00 p .m . for an open house celebration to commemorate the completion of this joint venwre at 777 W . Oxford Ave . in Englewood. Yours truly, i~f~ Comprehensive Building Trades Instructor es R. Doney irector of Vocational Education Sheridan School Disaict #2 cc: Dr. Reiter Mr. BosldorfT Dr.Starck A VS Directors ~7<-?4.v,( Forrest Davis Sheridan lnduslrial T ecbnolol)' lnstruclor ' • . .. • • 0 • . . I r-, ~ 0 I j • \ • # • lJlllllali ~ ........ May t, 1997 -Page 11 ... As the house goes up, the memories rol/ /Jyl It beg• taking shape, I been rull lo bunting aeeing ,-llut Ill 1ha1 lime anti ,1 believe, lat fall, and I won-HILL thole ,,i-thele befcn them felt so •ignilkan1, "' :u11a11111• derecl IS I drove by each day STREET linlllly, after a lldlool yea,'1 10 me evc,n lhc,n 111 11C~·•11111c 'J what sort or hou11e could possi-wonh or w..t, In three-dimen-1ha1 we wc,re lhe fir..1 livi11~ bly be buill on that odd pie-VIEWS sional reality. souls lo slcrr u~r 1ha1 n,·w shaped lot along Ridge ROid. I remembered our new roof' and grccl lhc, dawn Iron, For many weeks In the dead INlUse nn Acn.-na Sired near lhe lhc'l!le beautifol, new pic 1ur c or winter not much seemed to brand new Walt Whitman window•. be happening. Jusl gougn io Elementary Schc•,I a• ii •••* I 1hi1ill or all lhme 111t·n••· 1he mud and piles or consuuc -shape in 196() •Ill '61. llnw my ric• each Ii-I dri¥e pa511hc lioo rna1e1ial, u if wailing ftw brother and I. dclirillll!I wi1h nearly fini.'llrcd htimc 1111 Ridge someone lo begin working. A L I S O N L U S K e•cilemenl, ran""""'-• hoard• ancl lry In f>icture the first ... ,1, Tircn, linle by linle, I saw 1he Sln:IChed OYer 1lre e•ca¥11ion who will live in 1h11 "'-· I hammering and lrois1ing, mc,a -llre CINliprchcnsi,•c lluikling for 1lre foundaiion, and specu-can ..._ !ltt a liHle girt wt., suring and conferring. Trnde• cla<1scs or lhc ArapalNIC· llled whic~ part or lhe big hole will loull UUI of 1h11 high win - A house began to lake Douglas Vuca1i1H1al S~hool. If would one day be where our dow on a balmy niaht lhit llllffl· shape, and I marveled a linle lhere ·, anylhing more satisfying rooms would be . mer and delight In the rmtle of each lime at how well it oclual -!Iran tl,c feeling ynu',i get Titc nighl it "'a.• fioi,hcd the tree branchn -i rc111.,,,. ly Iii tltc lot, and appreciated watching a house take shape with the brand new carpeting in e¥cn a view nl tl,c nN,un11i1n II the liulc touches . I liked 1ha1 under your hands. I c:111 '1 imag-place, my ra1hcr alhiwetl my su~t. II will ht M1111rbody's they'd left a mature lree to rn,c i,re what it wouhl be -save brother and me to camp out new hc•nc . A !laered thina. side, and 1hat from a small anti r,w giving hirlh . Anti now wl,cn with him on the living room ahnnst . Anti within ii\ wall• - carefully placed window high I dmvc by cad, lime r,1 see lit · 0lllN', in front of tire big Slone walls buih by young hands ju~ up you'd be able to see 11,c rle clustc,rs of''"' y111111g fi1cplacc . My father's ucite-teaming -hi sluries will leave branches. I smiled al the fonnal builders, g11M1pc1l 1ogc1l1er as if n,rnt anti pride wen: a palpable their imprinl . columns oo 1he porch, a linle conferring ••• lhc final details . 1hing a• he slrowed us around The small daily dramas that incongruous for something a I saw lhem working inside oo our new hotnc. His tf!flderness make up small dai!y lives will 10th 1he size of Tara, bul it was lhe details lhal would make at showing me the pink mom unfold, just as the INlUSC ditl . bit obvious someone wanted 1his tl,cir house SIHIN'<Mic's h1111ic . he'd promised me louched my by bil. And lltc walls will hold place to look finished, impor-I wondeml if llicy felt all little girt's heart in a way I lhem, inscrutably, silently 1aot and a step beyond tract. lhc exci1emcn1 111 ;1 hrnntl new coukln"t even begin lo e•rlain. enfolding lhcm like lcncr.. Finally I saw the sign and h<NISC magnified . hccausc 11,cy lle 'd made me feel l,c 'd dcN'IC it pressed in lhc pages nl' a b<N>k, underslond why the workers knew every nail . e very swah of all just f,w me . each page a year. looked so young, and why 1here p;1in1, every j11is1. I W<H11le1c,I if We got to have a MdJcNI · were so many of them . llic lhc 11lans had ,lanced in 11..,ir ald's hamburger in frunt of tire enlire house was being buih by hemls and how lhcy must have fireplace -both e•periences a Alison /.11.dc "'' itr.< J,om lrrr hon,~ 0111/ill Shut III l.i11/r1on . ( • • ) ' I - • Ap ril 13 . i Qag Ci t~ Ma na ge r and C11U nu l Ci1 y of Englewood 3400 So. Elati St. Englewood, CO 801 IO Dear City Manager and Council : • • • (. .... AVS (.°Ow/1'1<1:.ill:..NSIVE BUILDING TRADES I SHERIDAN HIGH SCHOOL INDUSTRIAL TECHNOLOGY PROGRAM 6a This communication is to inform and supply you with some peninent information on a program that is presently in existence between the City of Englewood and the Arapahoe· Douglas Area Vocational School/ Sheridan High School lndusuial Technology programs. Th is partnership is cenainly exemplary and represents a "win-win" situation for both entities. Allow us to explore some of the positive attributes of this program : • Meets the School-to-Career initiative, which is a major focus of our national and state governments. • Meets the need of industry and the major shortage in the labor force . • Program is educational-based and attempts to improve the image of the industry . • Apprenticeship concept is exhibited in its truest form. • Aniculation agreements with post-secondary institutions which will generate future benefits for the trade, stlldatts, and community; which equates to ·'real-life" situations. • Cost Effective Architectural (Students from the Sheridan High School Industrial Tech,1ology Department design the structure-per parameters supplied by the City of Englewood) Cost Savings Construction /Trades (S1uden1s from the Arapahoe · Dou g las Area Vocational School provide the labor for most of the aspects ofihe con s1ruc1 ion of the proJect) Cost Sa vi ngs • Applied Academics S1udents learn math and lan!!ua ge arts sk i ll s in a related situat ion i.e . measurements. reading of plans and b lu eprints. and th e coordinai ion and imp lementation of these sl..11ls . Th is a llo"' s students 10 make connec1ion "i1h their home high school academic classes. In clos in g. ii is o ur intention that you look carefully at this program : and continue to fund this most worthwhile project. It cenainl y meets all of those anributes of a Municipal/Educational partnersh ip. The intent of this project is to provide a vibrant and informed work force . which exhibits a positive wortc. ethic . In addition please join us on Wednesday May 20. 1998 from 4 :00 p.m . unt il 6 :00 p .m . for an open house celebration to commemoraie the completion of this joint venwre at 777 W. Oxford Ave . in Englewood. Yours tru ly , i~f~ Comprehensive Buildin& Trades Instructor cc : Dr Rener Mr. Bosldorff Dr. Scan:k A VS Otrecton • I • . .. •· • 0 . -' ,..,,. , - • • • • 0 • (, ~- ARAPAHOE DOUGLAS AREA VOCATIONAL SCHOOL COMPREHENSIVE BUILDING TRADES QUALITIES ENTERING STUDENTS NBED Entering IIUdenlS should have an unden.candina of tbe importance of teamwork, a desire to wort with all types of IOols. and the uility 11D learn a rewarding trade. WHAT DO STUDENTS LEARN IN 11IIS CLASS Studenll are involved in cooperative learning. Coune curriculum includes unilS in radinB residential blueprints and the COIISlrUCtion of a bouae from dime plans. Students are involved in every phase of cxmll1IClicm fmm tbe ground up. BOW LONG DOES THE COURSE RUN Coune can be two or four tematen in length. Studadl semmiag for die a.xlllll year can specialize in an an:a of inrerest. WHAT WAGES CAN GltADlJATES EARN Ealry-lcvd wages are appuAiiiiillely $7.Wlloa. The mcn lkilb ym llrilla ID an employer, the higher your eamings. A custom home builder can make• much• $400,000/year. JOBOUTLOOK Employment opponunities are plenlifol in the Denver metro area. Contractors continually contact the instructor ,~.ith job offers for successful graduates of this program. RELATED AREAS GRADUATES CAN PURSUE Architecture E'Jectricial Interior Design Muonry Plumbing Remodeling and home repair EDUCATION REQUIRED BEYOND HIGH SCHOOL Any additional education would be beneficial. However, in most consb'Uetion trades aQQSt wages are a result of &2!2!l skills. ,J OUR FOCUS IS CAREER PATHWAYS ..... •. .. •· • 0 ' ... • .! 0 I j • 0 • • As the house goes up, the memories roll /Jy1 It began taking shape, I been rull to bunting seeing rife treal Al lhal lime -an ,t 11 believe, last ratl, and I won-HILL thole plans there befo,e lhem rett so signifa:anl, so ama,1111• dered M I drove by each day STREET flmlly, after a lChool yea,'1 10 me even lhcn al nc11 -,11111 c 9 what sort or hou!le could possi-worth or wodt, In three-dimen-that we were the fi~I livinl! bly be built on that odd pie-VIEWS sional reality. souls lo sleep under 1h:11 11<:w shaped lot along Ridge Road. I remembered our new rool' and greet lhe d:,wn 111 11 n For many weeks In the dead IN)Use nn Aco;na Street near lhe the~ beautifol, new picllnt of winier not much seemed 10 hrllnd new Wall Whitman windows. be happening. Just gouges in Elementary Schciol a., ii look I think of all lho5e 111,:1,Ht· the mud and piles of construe-shape in 19<.0 a11tl '61. flow my rics each tirnc I drive past 1hc lion material, a., Ir wailing for hrnther anti I, tlclirinns with nearly finislictl hc,use on Riclge someone lo begin working . A L I S O N L U S K e1ci1emen1, ran :11:rnss bn,,nls and lry In pic:tme 1he first ,...,ls lltcn, lillle by linle, I saw lhc strelchetl over lltc e1cavation who will live in that l111U!!C . I h.,mmering and hoisting, men -lhe C.Mnprchcnsivc llniltlin~ ru, the fountlatioo, anti spccu-can almost sec a lillle girl who soring and conferring . Tmdes classc~ of 1he Arap.-.lHlC · IIIICd whic!i part of the big hole will look out of that high win - A house began 10 take Douglas Voca1innal St:hool. If would one day be where our dow on a balmy niahl this sum- shape. and I marveled a li11le there ·s anything nH11e ~alidying rooms woultl be. mer anti delight in the rus1le of each lime al how well ii actual -th:tn the feeling Y'"' ",I gcl lltc night ii "'as finishetl lhe tree bt11ncl~ :HIii perhaps ly fit 1ltc lol, anti apprecia1e,I watching a h1M1Sc lak,· shape with the brand new carpeting in even a view of Ilic llllll<nlai,~ at 1he lillle touches . t likctl that urHlcr your harHl s. I c:111 '1 imag -place. my father allowed my sunset . II will he ,...,,cbntly"s they'd left a mature tree 10 rnic i1tc what ii w1M1lcl he --save brother anti me to camp out new hcwne . A ~rctl lhins. side, and that from a small anti for giving hirlh . And now when with him on tltc living mom almost . Ano wilhin its walls - carefully plocctl window high I drove by c:ich time l"cl see Iii -noor. in hunt of the big stone walls built ht young hands ju~ up you'd be able 10 see 1ltc lie d11s1crs of lhc young li1cplocc . My father 's excite-learning -hisl<N'ies will leave branches. I smiled at the fonnal builtlcrs. grnupc,l 1ngc1her n, if nlt'nl and pride were a palpable 1hcir imprint . columns on the porch, a linlc c1w1fcrring on 1hc final tlc1ails . 1hin1 a! he showed us around The small daily dramas lhal incongruous for something a I saw 1hcm working inside on our new horne . llis tc:ndemess make up small tlai!y lives will 10th the size of Tara, but ii was the de1ails 1ha1 would make at showing me the pink room unfokl. just a., the IIIWJsc c.litl . bit obvious someone wanlctl this lheir house snmcrn,e's htNIIC . he'd promisctl me 1ouchetl my by bit . Anti 11,e walls will hold place 10 look 'finished, impnr-I wondered if they fell all linlc girl's heart in a way I lhcm, inscru1ably. silently lanl and a step beyond 1rac1 . lhe excite111c111 ol a hr:111d 1,ew c1WJlc.l11"1 even begin lo explain. enfolding llicm like lcllcrs Finally t saw 1hc sign and h1H1sc magnified . hccausc 1hey lle'tl made n,c feel ltc "d tlune ii pressed in tlic pages of a book, untlcrslootl why the workers knew every nail , every sw:ih nf all jusl for ntc . each page a year. looked so young, and why there paint. every jnist. I w11rHlc1ccl if We got In have a Md.>on - were so many of them . The 1hc pl:ms had cla11ccd in their ald's hamburger in fronl of tltc enlire house was being built by heads and h11w they 11111st have fireplace -boch experiences a ~ • Alison l .11.dc ll'ritrs J,nm hu homr 011 llil/ Strut III Lilllrton . • ) -<"I ( '-. I ., . ) • - • Englewood Schoell ·-- ROSCOE L. DAVIDSON _.,_ April 17,1998 Ms . Beverly Bradshaw, Councilwoman 2910 S. Marion St Englewood, Co . 80110 Dear Ms . Bradshaw , • • • Englewood Schools would like to take this opportunity to thank the City of Englewood for their recent donation of tbe Hi-Ranger to tbe district. It bas been very valuable for the district in meeting our needs . It bas come to our aaentioo mat tbe city is p1-ing to replace some of their equipment and die district would like to obtain this equipment It is our hope that the city could once again donate tbe following pieces of equipment to Englewood Schools . In tbe traffic division. a 1990 GMC Venalift auck (Unit # 304 3) is scheduled for replacement and in the pults division a 1983 International dump truck (Unit # S 111 ) is also scheduled for replacement. Both of these vehicles would be a IIIOlllllllelll uset to Enalewood Schools. The district is without a dump truck presently and when one is needed die district eidler bas to rent one or use one from die city to accomplish our needs. lbank you for your usislance on this maamr . Sincerely, ~-~~ Gary cbardson Supervisor OMT Englewood Schools . ' .. • . ' • 0 .. . - • • . ,~ ·, • ... PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS APRIL20,1"8 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 . . . ' . , .. • • 0 - • • • ·, • PUBLIC HEARING ROSTER APRIL20,1111 AGENDA ITEM NO. la PUBUC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: A BILL FOR AN ORDINANCE AMENDING MME . , .. • • 0 I • • • <. Ii fy-. \V City of Englewood Gotltlc Theatre Costs As of April 13, 1998 & Englewood Lock and Safe $ 105.30 (Invoice lltached) Grounds Service Co. 421.00 (Invoice in transit) Total costs $ 526.30 I ~ 'I 'i~ /. 'I'd 13 ,.J2_ 5 01 q .dl ,• ,Je,e s.,+ RECEIVED A._,R 1 5 1998 .-·----------~ f t,D, 4~·7.os MaX- ARAPAHOE CO UtITY PUBUC nqu&TEE ,i1J <{ ft, /,4' • I ' ' ' .. • • 0 - - - •' • ,. • ·~ • .. InterOfflce Memo To: Mayor Tom Bums, City Council Members From: Frank Gryglewicz, Din:ctor of Fin' ~~~iGe!C::- Date: April 16, 1998 Subject: Informalion for April 20, 1998 Study Session I have attached informalion regarding the Waste Transfer Surcharge that will be discussed at the April 20, 1998 study session. If you have questions, c:oncems, etc. pleale call me at 762-2401 Thanks Auachment . . ;~ ' I • ' . .. • • • • ]- • . ' City Council Meeting -Hay 19, 1986 Page 8 Application of Funds: Animal Shelter Bookmobile Repair Fund Balance Total • 0 • 1• S 16,000 4,500 40 1 000 S 60 1 500 Mr. McCown responded to questions concerning Littleton's participation in the Animal Shelter matter. RESOLUTION NO. 21 SERIES OF 1986 A RESOLUTION AMENDING THE 1986 PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, TO APPROVE RESOLUTION NO. 21, SERIES OF 1986. After discussion of Council Member Kozacek's wish to abstain from voting on this matter which was appealed to the City Attorney, a call of the roll was taken which resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Bila, Bradshaw, Otis Nays: Council Mellber Kozacek The Mayor declared the motion carried. Mayor Otis requested that a notice be put in the Sentinel that the services of the Boolalobile would continue, that City Council was not considering eliaination of the service. ***** The proposed Bill for an Ord~n.~CIL~.nding the Municipal Code to subject the waste transfer station to~b.!J:was discussed. Mr. Mccown advised that in light of the diff'erences in the projected revenues as proposed by staff and those presented by Colorado Disposal, Inc., Council could either delay voting or pass the Bill on first reading which would give staff an opportunity to review those figures and report back to Council prior to voting on the Bill on second reading. Council Member Bradshaw urged passage of the Bill on first reading. ORDINANCE NO. SERIES OF 1986- BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER VAN DYKE A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 6, SECTION Z, EJIGLEWOCIJ MUNICIPAL CODE 1985, RELATING TO ADMISSIONS TAX, BY ADDING A NOi SUBPARAGRAPH F TO THE DEFINITION OF •PLACE OR EVENT OPEN TO THE PUBLIC.• "'~ • . \ (! •· • ... _ , 2 J - ,. City Council Meeting -May 19, 1986 Page 9 • 0 • , . COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER BRADSHAW, FOR APPROVAL OF COUNCIL BILL NO. 33, SERIES OF 1986. Mayor Otis expressed appreciation to Mr. Peet for providing Council with COi's projected figures, stating that those figures would be reviewed and considered prior to a final vote on the matter. Upo~ a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis Nays: Council Member Kozacek The Mayor declared the motion carried. ***** COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, TO APPOINT THE FOLLOWING INDIVIDUALS TO VARIOUS ADVISORY BOARDS AND AUTHORITIES: Rehabilitation Loan COlllittee Beatrice L. Lane, 4301 South Pennsylvania Street Board of Adjustment and Ap~als Carl L. Welker, ~11 South Clarkson Street Term to expire February 1, 1987 Housing Authority Bradley Zieg, 2828 South Emerson Street Tenn to expire July 1, 1987 Public Library Board Beverly Simon, 3945 South Clarkson Street Ten1 to expire February 1, 1990 Water and sewer Board Ron Adams, 3301 South Logan Street Ten1 to expire February 1, 1992 Retir ... nt Board Bernardine Hanson, 3896 South She\"11111 Tem to expire February 1, 1990 Parks and Recreation C01111ission Austin Gomes, 3170 South Hullboldt Street Tam to expire February 1, 1990 Upon a call of the roll, the vote resulted as follows: Ayes: Council Mtllbers Higday, Van Dyke, Vobejda, Kozacek, Bila, Bradshaw, Otis Nays: None . .. --·--. -_ -. ___ ........_. --;;----~ - ,,. - • . .. •· • 0 , • City Council Meeting -June 2, 1986 Page 4 • 0 -!• Ayes: Council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis Nays: None Absent: Council Members Higday, Vobejda The Mayor declared the motion carried . ••••• COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF CONSENT AGENDA ITEMS 9 (a) THROUGH (d) ANO (f) OMITTING ITEM 9 (e). Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Kozacak, Bilo, Bradshaw, Otis Nays: None Absent: Council Members Higday, Vobejda The Mayor declared the motion carried. Consent Agenda Item 9 (d) is hereby numbered Ordinance No. 27, Series of 1986. Consent Agenda Item 9 (f) is hereby numbered Ordinance No. 28, Series of 1986 . • • • • • Council Member Kozacek stated for the record that he would be voting against the ordinance which would subject the waste transfer station to the Adllissions Tax section of the Municipal Code as he felt this would result in taxing the coapany on its own facility. He advised Council that he was representing his constituency who feel the same way. BY AUTHORITY ORDINANCE NO . 29 SERIES OF 1986 COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER VAN DYKE AN ORDINANCE AMENDING TITLE 4, CHAPTER 6, SECTION 2, EN&LEIIOOD IIJNICIPAL CODE 1985, RELATING .... Pd:f lb.BY ADDING A NEV SUBPARAGRAPff F TO THE DEFINITION OF •ptACE1 , TO THE PUBLIC.• . COUNCIL MEMBER VAN DYKE MOVED, SECOll>ED BY COUNCIL MEMBER BRADSHAW, TO APPROVE ORDINANCE NO. 29, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mlllbers Van Dyke, Bilo, Bradshaw, Otis Nays: Council Mlaber Kozacek Absent: Council Mlabers Higday, Vobejda -------~ -.. • ..... I· • 0 f 2 -• • t~ • .. City Council Meeting -June Z, 198& Page 5 The Mayor declared the motion carried. ••••• .. COUNCIL MEMBER BRADSHAW MOVED, SECOll>ED BY COONCIL MEMBER BILO, TO OPEN THE PUBLIC HEARING TO CONSIDER ON FINAL READING AN ORDINANCE AUlHORIZING THE ISSUANCE OF SPECIAL ASSESSMEHT BOll>S IN THE AIOJNT OF $325,000 FOR PAVING DISTRICT NO. 31. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mellbers Van Dyke, Kozacek, Bilo, Bradshaw, Otis Nays: None Absent: Council Mellbers Higday, Vobejda The Mayor declared the 110tion carried and the Public Hearing on Paving District No. 31 open. City Manager Mccown presented background infonaation relative to the ordinance under question. He stated the bonds had been awarded to Kirchner Moore and Co., Denver, Colorado, for the low bid of 7.Z0579S. He further stated that the $325,000 is sufficient not only to pay for the assessed costs of the original Paving District.No. 31, but it will also pay for the additional four blocks of the assessaent district, which will be considered by Council later in the meeting. · · No one wished to address Council at this public hearing. COUNCIL MEMBER BRADSHAW MOVED, SECOfl)ED BY COONCIL MEMBER VAN DYKE, TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mellbers Van Dyke, Kozacek, Bilo, Bradshaw, Otis Nays: None Absent: Council Mellbers H1gday, Yobejda The Mayor declared the aot1on carried and the public llearing closed • ••••• ORDINANCE NO. 30 SERIES OF 1986 BY AUTHORITY COlllCIL Bill NO. 36 INTialUCED BY COONCIL MEMBER HIGDAY/ 8ltADSIWI AN ORDINANCE AUTHORIZIII& THE ISSUAll:E OF SPECIAL ASSESSIIEIIT IOll)S IN THE PRINCIPAL AIOl(T OF $325,000 OF 1ME CITY OF EN&I EIOI), COi OUDO, FOR PAYING DISTRICT NO. 31; PRESCIIIIII& THE FOIII OF THE IOIIDS, All> PIDVIDING FOR 11tE PAYMENT OF THE 80IIDS-, THE I11T£R£ST THERSII. . -~ 'I I .. •. • • 0 , ,, I - ,.; . r • • . . BY Alffll)RITY <DICIL BILL tllO. 34 nmux.cm BY caJlCIL l'EtBER VAIii CY!E Ml ORDINMCE AMDl>Dla TI'JLE 4, amPrEll 6, sfcrICII 2, DDJN(XX) !GICIPAL COO£ l985, REtATOO, TO AIJWISI<BI nx.} BY AtDDla A. tmt &BPARAGlAPH F TO '1'HE OEPDIITICII f6 "PLACE OR .!YDIT oeDI '1."0 '1'HE POBLIC." tiltERDS, fN&r/ person "*1o pays to gain admission to q pl.ace in the Ci t:f that is opsi to the pd)lic shall pay, and fR&r/ operator '*10 dlarges or causes to be dlarged admission to alf'/ 9UCh place, shall collect the tu impose:! by a,apter 6 of Ti tl• 4, DC 1985; and NCM, THERE!ORE, BE IT ORDUN!D BY '1'HE CITY CCUCIL f6 '1'HE CITY CR ~. COLORADO, AS l!'OU,CMS: Section l. Title 4, aiapter 6, Section 2, Bnglaiood l'tlnicipal oi!e 1985, is hereby naided by adding a aa, 9.lbNCtion F to read as follows: 4-6-2: OEFDIITIONS: F. Mlf OO'i'DOOR ~. l'LD .-IDT, VID!D ADDB, !'ISIIICII SIDI, 1IISTS '1'BMIS!'Dt.!illiifibift aHIBITICII OR '1'9ADI SIDI• Introduced, r..S in fw.l, and passed on first r..SiarJ on tba 19th day of ,tay, l986. Pllblished u a Bill for an ominanca on the 21st clay of Nay, l986. Aea:S by titl• and puac! on final r..Sing on the 2nd day of June, l986. . ' • • • • 0 , .,,, - - . . ' • .. ' • • • . • ' .. PIJbliabm by title u Oi:dinance lb. M_, sm:i• of 1986, on tba 4th day of JUD•, 1986. ,, - . ' • ' .. • • 0 l _ I • " - 0 ,~ • , BY AUTHORITY ORDIUAl~CE NO. SERIES OF 198-7~ COUNCIL BILL NO. 13 INTRODU~Y COUNCIL MEMBER ~pa,-.. A BILL FOR AN ORDIUANCE ADDING A NEW WHEREAS, the City Council desires to assess a surcharge for waste transfers at the time of entry to a waste transfer station; and WHEREAS, the City wishes to increase revenues for the operation of municipal government and the provision of public services; and WHEREAS, the operation of waste transfer stations within the City imposes an additional burden on the operation of municipal government in various ways; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 4, Englewood Municipal Code, 1985, is hereby amended by adding a new Chapter 7 pertaining to a Waste Transfer Surcharge, to read as follows: SECTION: 4-7-l: 4-7-2: 4-7-3: 4-7-4: 4-7-5: 4-7-6: 4-7-7: 4-7-8: 4-7-9: CHAPTER 7 Legislative Intent Definitions surcharge Imposed Prohibited Acts License Officer Empowered to Make Rules and Regulations Liability for Surcharge Licenses and Reporting Procedures Responsibility for Collection and Reaittance of Surcharge Interest and Penalties 4-7-1: LBGULA'l'IVB IWfDI: It is hereby daclared to be the legislative intent of the City Council that on and after the effective date hereof, every person who disposes of traah at a vast• transfer facility in the City and every peraon vbether ovner, lessee or operator who charges or cauaea to be char9ed a ' • . " • • • 0 ' ? ·- • • •, • - fee to dispose of trash or accepts trash for disposal without actually charging a fee at any waste transfer facility, shall collect the surcharge imposed by this Chapter. 4-7-2: DD'1m1'i'I0IIS: When not clearly other-.,ise indicated by the context, the following terms, words and phrases · as used in this 1 Chapter, shal.l have the following meanings: C:tTY IDEN'rUICATIOH L:tCENSE Ol'l'ICD or CITY L:tCEHSB Ol'l'ICER PEllSON The City of Englewood. The surcharge levied herein may be identified as the •Englewood Waste Transfer Surcharge.• The Director of Finance of the City of Englewood, or his duly appointed designee. Any individual, firm, copartnership, joint venture, corporation, society, club, association, joint stock company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combina~ion .acting as a unit, including the United States of Aaerica, State of Colorado, and any political subdivision thereof, in the plural as well as the singular number. Shall include but not be limited to each of th• following or part thereof which is being disposed of and not processed into another useabl• product other th&n for disposal at some other site: 1. t-teans th• solid wast• products of coabustion of any aaterial. 2. Includes waste material from construction. J. Rubbish including excavated earth, stones, bricks, plaster, wall paper, ll.lllber, shingles, laths, concrete, discarded plumbing and electrical apc,.ratua, roofing and scraps of .. tal, etc. • • 0 - • • WASTE TRANSFER FACILITY: • "' - • I • • 4. Includes waste from the preparation, cooking and consumption of food, market refuse and waste from the handling, storage, preparation and sale of produce. 5. Garbage including food processing wastes from canneries, slaughter houses, packing plants or similar industries. 6. Means waste, rejected, valueless or worthless matter, materials, trash and debris, including useless, unused, unwanted or discarded articles. 7. Includes tree branches, twigs, grass, shrub clippings, weeds, sod, ashes, dirt and leaves. 8. Other waste material. Any facility or structure, with the exception of a motor vehicle, where trash is collected. Generally located on a plot of ground, with appropriate structures and mechanical equipment for the collection, compaction and/or loading of trash. 4-7-3: SIJPCIBRGB DIPOSIID: On and after the effective date hereof, there is hereby levied and shall be paid and collected a surcharge of 20 cents on each cubic yard or portion thereof by each person cliaposin9 of trash at a waste transfer facility. Said surehar9e is in addition to all other taxes, surcharges and fees iaposed by law. 4-7-4: ~ JICr&: It shall be a violation-of this Chapter for any person who cliaposes of trash at a waste transfer facility, to fail to pay, or for any person, whether owner, less .. or operator, vbo operates a waste transfer facility to fail to collect the surcharge levied by this Chapter. 4-7-5: r.xc:aa mrICBa -QIIDffl m IIAD llDLES .IIID an;rJt.&TXQII&: '!he City License Officer is hereby authorized to proaul9ate rules aa4 recJUlations r99ardin9 the payaent, collection, report.in9 and accountin9 criteria and periods, settleaent of clisputu over payaant, refund and enforc-nt of the surcb&r9e illposed by this Cbapter. Said rules and regulations shall not be inconsistent with the provisions of this Chapter. 4-7-6: LIMnlff lat _,..,,w;w: The burden of provin9 that any transaction is not subject to the surchar9e illposed herein, --------;--~--.----- -l • • 0 I ]- • • . • ' shall be upon the person upon whom the duty to collect the surcharge is imposed by Section 4-7-l of this Chapter. 4-7-7: LICENSES AND REPORTING PROCEDURES: A. License Officer May Require Reports. The City License Officer may require any person to make such return, render such statement or keec and furnish such records as the said License Officer may deem sufficient and reasonable to show whether or not such person is liable under this Chapter for the payment or collection of the surcharge imposed herein. B. Reporting Procedure. Every owner, operator or person who has the duty to collect the surcharge imposed in this Chapter, must obtain, without charge, a license to collect the surcharge, and must report on fonns prescribed by the License Officer such surcharges., and remit to the City the collected surcharges on or before the twentieth day of the month for the preceding month or months under report. 4-7-8: RESPOIIS'IBILITY l!'OR COLLECTIOR ABD REMITTAIICE OF StJRCBARGE Every owner or operator, who charges or causes to be charged a fee for disposal of trash or who accepts trash without the payment of a fee, shall be liable for the collection and remittance of the surcharge levied herein. If an owner or operator of a facility leases or rents such a facility to another party, then such owner or operator shall be relieved of the · liability of collecting and remitting the surcharge, but only if the party to whom the facility is leased or rented is, at the time of such leasing or rental, licensed to collect and remit the surcharge and actually collects and remits the surcharge. 4-7-9: DITDEST AIII> PmLTl:ES: If remittances or reports are not received on the due dates specified in Section 4-7-8B of this Chapter, a penalty shall be impose~ to the party responsible for collection and remittance in the amount of ten percent (10~) of the surcharge liability; and the total amount due, including surcharge and penalty, shall bear interest at the rate of one percent (1~) per month, or a fraction thereof until such reports or remittances are received by the License Officer. Introduced, read in full, and passed on first reading on the 2nd day of February, 1987. . ' • • r l ... • • 0 I - -·~ • • ,~ . • ' (' Published as a Bill for an Ordinance on the 4th day of February, 1987. 11 ~ I, Patricia B. Crow, City Clerk of the City of Englewood, Colorado, bereby certify that th• above and foregoing is a true copy of a Bill for an ordinance, introduced, read in full., and passed on first reading on the 2nd day of February, 1987. ~~.1.1c~¥ .. J -__.· • • ;., ... • ... : ..... ~-.. !!--1 .. ·• •. !'S.I:!:. -....... -.. -.. -·, . ' • ~ • • 0 , __ - • • [ ,-• 0 I• . -' - C O U N C I L C O M M U N I C A T I O N DATE ITEM SUBJECT IN I TIA TED BY ___ .w.i;:m..1;gc...m:;,.i:w11.1..1.i;;...a11.r:1.1-__________ _ AC TI ON PRO PO S ED ____ _.4111P.,.Pu.C.1,LOYuiuJ_a ... f..._..A.._j11,,,1]......_f ... oci.....ai.1LD ..19.1Lnt.1,LJ.u· D1.11i11.LDC1o1e...i.E.).stwau.hu.J .1..is~bu.i.wngil-Aa~Waa..:su.te Transfer succbacge BACKGROUND In April, 1986, the City attempted to levy a fee on the Solid Waste Transfer Station by amending the existing •Adllissions Tax Ordinance.• A lawsuit by the company followed, and the City abandoned further efforts to collect the fee under that particular ordinance. DISCUSSION The present effort is to call the fee exactly what it is, a •waste Transfer Surcharge,• by adding a new chapter to Title IV of the Municipal Code. This section would apply to any existing or any future waste transfer stations in the City of Englewood. The surcharge would be collected at the tiae of entry to the station and would be based upon the voluae of trash transferred, i.e., 20 cents per cubic yard. The fee would have the affect of adding approxf111tely S.20 to a car, S.50 to a pickup and Sl.00 to a five yard duap truck • FINANCIAL INPLICATICIIS Based upon an actual vehicle count in May of 1986, this fee could generate S60,000, plus, per year in revenue. At the end of 1986, the Arapahoe Landfill closed and the usage at the transfer station should have increased. RECOIIIEJIJATICII It is recoaended that Council approve the ordinance establishing a •waste Transfer Surcharge.• ..... • ,I •· • 0 I ') ]- • ;- • • BY AUTHORITY ORDINANCE NO. r2.5" SERIES OF 1987 COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER BIGDAY AN OROWANCE AM.ENDI?IG TITLE 4, ENGLEWOOD MUNICIPAL CODE....-llf;alY ADDING A NEW CHAPTER 7 PERTAIUING TO CWf«fRlfM_II ,_ii:&11-. WHEREAS, the City Council desires to assess a surcharge for waste transfers at the time of entry to a waste transfer station; and WHEREAS, the City wishes to increase revenues for the operation of municipal government and the provision of public services; and WHEREAS, the operation of waste transfer stations within the City imposes an additional burden on the operation of municipal government in various ways; NOW, THZREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: . Section l. Title 4, Englewood Municipal Code, 1985, is hereby amended by adding a new Chapter 7 pertaining to a Waste Transfer surcharge, to read as follows: SECTIOH: 4-7-l: 4-7-2: 4-7-3: 4-7-4: 4-7-5: 4-7-6: 4-7-7: 4-7-8: 4-7-9: CHAPTER 7 DSTZ TJIAIISPD SUIICIIHGB Legislative Intent Definitions Surcharge Imposed Prohibited Acts License Officer Empowered to Make Rules and Regulations Liability for Surcharge Licenses and Reporting Procedures Responsibility for Collection and Remittance of Surcharge Interest and Penalties -l - ··. -~-~. -· • ' • • 0 ]- J • ,,. • • ' C, - 4-7-1: LBG:ISLA'rrlB Di'£B&T: It is hereby declared to be the legislative intent of the City Council that on and after the effective date hereof, every person who disposes of trash at a waste transfer facility in the City, even if owned by themselves, and every person, whether owner, lessee or operator, who charges or causes to be charged a fee to dispose of trash or accepts trash for disposal without actually charging a fee at any waste transfer facility, shall collect the surcharge imposed by this Chapter. 4-7-2: DBP181TIOIIS: When not clearly otherwise indicated by the context, the following terms, words and phrases as used in this Chapter, shall have the following meanings: CITY IDENTIFICATION LICENSE OFFICER or CITY LICENSE OFFICER PERSON TRASH . ~~,.--...:..-.---~-----_ _..:.. ------ The City of Englewood. The surcharge levied herein may be identified as the "Englewood Waste Transfer Surcharge.• The Director of Finance of the City of Englewood, or his duly appointed designee. Any individual, firm, copartnership, joint venture, corporation, society, club, association, joint stock company, estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or cOllbination acting as a unit, including the United States of Aaerica, State of Colorado, and any political subdivision thereof, in the plural as well as the singular number. Shall include but not be liaited to each of the following or part thereof which is being disposed of and not processed into another. useable product other than for disposal at some other site: l. Means the solid waste products of cOllbustion of any material. 2. Incllldes vute uteri&! froa construction. .:. -2 - . ' • ' . ' .. • • 0 I ] • • WASTE TRANSFER FACILITY: • 0 • 3. Rubbish including excavated earth, stones, bricks, plaster, wall paper, lumber, shingles, laths, concrete, discarded plumbing and electrical apparatus, roofing and scraps of metal, etc. 4. Includes waste from the preparation, cooking and consumption of food, market refuse and waste from the handling, storage, preparation and sale of produce. 5. Garbage including food processing wastes from canneries, slaughter houses, packing plants or similar industries. 6. Means waste, rejected, valueless or worthless matter, materials, trash and debris, including useless, unused, unwanted or discarded articles. 7. Includes tree branches, twigs, grass, shrub clippings, weeds, sod, ashes, dirt and leaves. 8. Other waste material. Any facility or structure, with the exception of a motor vehicle, where trash is collected. Generally located on a plot of ground, with appropriate structures and mechanical equipment for the collection, compaction and/or loading of trash. 4-7-3: SUPCRIPGB IJlllOSBD: On and after the effective date hereof, there is hereby levied and shall be paid and collected a surcharge of 20 cents on each cubic yard or portion thereof by each person disposinq of trash at a waste transfer facility, including upon each person disposing of trash by his own vehicle at his own facility, whether for a charge or not. Said s~rcharge is in addition to all other taxes, surcharges and fees imposed by law. 4-7-4: PllOIIDlrna> ACTS: It shall be a violation of this Chapter for any person who disposes of trash at a waste transfer facility, to fail to pay, or for any person, whether owner, lessee or operator, who operates a waste transfer facility to fail to collect the surcharge levied by this Chapter. -J w •, , I· • 0 , • 0 - 4-7-5: LICENSE OFFICER EMPOWERED TO MAKE ROLES AND REGULATIONS: The City License Officer is hereby authorized to promulgate rules and regulations regarding the payment, collection, reporting and accounting criteria and periods, settlement of disputes over payment, refund and enforcement of the surcharge imposed by this Chapter. Said rules and regulations shall not be inconsistent with the provisions of this Chapter. 4-7-6: LIABILITY FOR SURCHARGE: The burden of proving that any transaction is not subject to the surcharge imposed herein, shall be upon the person upon whom the duty to collect the surcharge is imposed by Section 4-7-l of this Chapter. 4-7-7: LICENSES AIID REPOll'l'DfG PROCEDURES: A. License Officer May Require Reports. The City License Officer may require any person to make such return, render such statement or keep and furnish such records as the said License Officer may deem sufficient and reasonable to show whether or not such person is liable under this Chapter for the payment or collection of the surcharge imposed herein. B. Reporting Procedure. Every owner, operator or person who has the duty to collect the surcharge imposed in this Chapter, must obtain, without charge, a license to collect the surcharge, and must report on forms prescribed by the License Officer such surcharges, and remit to the City the collected surcharges on or before the twentieth day of the month for the preceding month or months under report. 4-7-8: RESPONSIBILITY POR COLLEC'!'IOB AIID DIII'1"rAIICB OP Sl1PCJARGB Every owner or operator, who charges or causes to be charged a fee for disposal of trash or who accepts trash without the payment of a fee, or who disposes of trash from its own vehicles at its own facility shall be liable for the collection and remittance of the surcharge levied herein. If an owner or operator of a facility leases or rents such a facility to another party, then such owner or operator shall be relieved of the liability of collecting and remitting the surcharge, but only if the party to whom the facility is leased or rented is, at the time of such leasing or rental, licensed to collect and remit the surcharge and actually collects and remits the surcharge. 4-7-9: DITEREST UD PEIIALTIBS: If remittances or reports are '1!fp 1 not received on the due dates specified in Section 4-7~B of this Chapter, a penalty shall be imposed to the party responsible for collection and reaittance in the amount of ten percent (lO~l of the surcharge liability; and the total amount due, including surcharge and penalty, shall bear interest at the rate of one percent (lll per month, or a fraction thereof until such reports or remittances are received by the License Officer. -4 - •. 1 I· • 0 ' I • • • .. .. 4-7-10: OIIIIBll-OPERATOBS: The requirements of this ordinance shall apply to any person who disposes of trash at a waste transfer facility even if said disposal is made or facilitated by the person's own trash vehicles at no charge. Thus, the surcharge set forth herein is imposed on such disposal of trash, regardless of the ownership of vehicles bringing the trash to the waste transfer facility. Introduced, read in full, and passed on first reading on the 6th day of April, 1987. Published as a Bill for an Ordinance on the 8th day of April, 1987. Read by title and passed on final reading on the 20th day of April, 1987. Published by title as Ordinance No~ Series of 1987, on the 22nd day of April, 1987. ~~124 q ~otu, Mayor Attest: ~ . vi~ L A,~-. r" • erow,Cty Clerk I, Patricia a. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title•• Ordinance Ro.~ Seri•• of 1987. %m.vf.~ -5 - -~-\ . ' • • 0 f ......... I -• • - <. lbanlr. YOU! It is a privilege. today, to be here among colleagues in the profession of Human Resources. And a special honor for the City of Englewood to receive not only t • place recognition, but 21111 place recognition as -11. I'd like to spend the few next minutes giving you a brief overview of the City of Englewood's Career Development Pay Plan. • An employee in the department of Administrative Services, with responsibilities in the areas of payroll and recruilmDlt, also serves as the resident graphic desigMr for many departmmts within the City of Englewood. This emplo-yee ha.s desigMd logos, brocluues, fliers and other prodMcts for several depar1fflDII and Citywide programs. This employee receives cornpensalion 1111/Ur her plan's higher level categories of excellence """"1,raphic de!Jll'. degree. She ltas also received a ducretionary reward/or~ ~~mt d;sfint.,.,_,11,e City of Englewood's web siu. The cost to hire an oufsiiJFgrapAu:"'71:-sign<r at~ to $75 per how. ,•L~ • Through team cooperation, emplo-yees in the Streets Division of the Public Works department doubled the outplll of asphalt from 450 tons to over 900 tons. These employees received a discretionary reward for the accomplishment of this team goal. l1lesc •• j111s m:o of•• -, 111anpl r MM &Mp J Aldi ilk. tit, ofmtsleuuwcl's €Leu 8cvelopcw81 Pa5 PIEi. Prior to the Can:cr Development Pay Plan, like most organizations, the City of Englewood's compensation system resembled a traditional step progression pay plan. [ SLIDE 2 J Under this 4 step progression pay plan, employees hired in II the A step of the I S'li pay line. Each step progression, hued upon satisfactory performance and worth a S'li pay increase, occurred in intervals of six months with maximum compensation anained within an 18-month period. r:r [ SLIDE 3 J This rapid attainment of the maximum compcnsation level made it difficult for the City to retain talented employees and difficult to motivale the employees that stayed beyond a period of eighteen months. ' ... • • 0 ]- • • • t• . • ' ~. In 1989 the City of Englewood began re-assessing its current culture and mission. One area given focus was the City's existing compensation plan. The City of Englewood's Administrative Services staff enlisted the efforts of its Bcncfits and Compensation teams in the design of a pay plan to address the areas the existing pay plan failed to address. The new pay plan, known as the Career Development Pay plan, has created opportunities for employees to excel. [ SLIDE 4] The Career Development Pay Plan provides rewuds and incentives to employees for value-added advanced knowledge, skills, abilities, individual and lam goals and objectives, personal and professional~ duties, tasks and responsibilities above the normal scope of the position. Employees may also be rewarded for contributions made to the improvement of City operations and services. r:r [ SLIDE SJ Customized to the department, division and employee, the Career Development pay plan replaces the original 15% pay line with a 40% pay line. The new pay line is divided into three components; base categories of excellence, higher-level categories of excellence and discretionary cafeteria style rewuds and incentives. r:r [ SLIDE 6] Base categories of excellence, extncled from the position dclcription repracnt the minimum qualificalions and requiranenls of the position. [ SLIDE 7) Higher level categories of exccllencc include difficult knowledge, skills, abilities, goals and stretch objectives thal go beyond the basc caregories of excellence . --These on-going areas may require III employee to go outside of his or her comfort zone in such areas u cducalion; aativity and innovation, expanded job duties, increased responsibilities and cross training . [ SLIDE I] 2 ' . . 6' - • .. • • 0 ]- ]- • • • • . . Discretionary cafeteria style rewards and incentives may be either monetary or non-monetary and are based upon outstanding achievements, accomplishments, and changes or improvements that positively impact City operations or services. Base and higher-level categories of excellence are assigned percentages based upon difficulty, frequency and importance. An employee's pay is adjusted if s(he) gains a new category of excellence or loses and existing one. Employees are compensated according to their own self-initiative in attaining and mastering the categories of excellence As a result of the Career Development Pay Plan, the City of Englewood has experienced decreased turnover, increased productivity and morale, efficiency in operations and services, interdepartmental coopention, and the dissolution of a traditional longevity- based compensation~ . By utilizing the special skills and talents of its employees through the Career Development Pay Plan, the City has seen a return on its invescment. A steel barrier fence at the City's golf course would have costs the City $500,000. As a result of its design concept, the Public Worts departlflffll was able to redllCe this cost to$/ 30,000 Two employees in the Mllllicipal Cowt are awarrJd luglwr level caugories of excellence for tlwir Spanish language skills. 11,e costs to lure interpreurs ranges from $25 to $50 per ho,u. For employees, the benefits of the Career Dev. Pay Pim are visible through career advancement, job enrichment and enhancemeut, a seme of empowerment, and Che opportunity for financial rewards and incentives. ,, - Positive feedback from employees serves as lestimoay to Che success of Che Career Development Pay Plan:-=, C 5~.f;_] (:,-..P(Ol.(t.l.~ Lu.~ SM....~ k 1C1J 1 -"tb I luw1~ t.o,v\~: "The best thing about the plan is it gives city employees the incentive to learn more, cross train, and work harder because you are rewarded." ..-llill s• so jSZ liZw cxedy all& ro &.I LL lMW iiWi its wad,." ;-, so I Iii I. °Lip itet if I A Uil w sxwl. 1M ilE:c is HO p d!j u I &I ,:· ned togeeher, consulted wilh management, and looked at what would u and the City II the same time." 3 ' •, .. • • 0 ]- - • • • • "The old plan would keep good employees but after reaching the top level they're out of here. I would be out of here too if it weren't for this plan." For the City of Englewood, implementing the Career Development Pay Plan required: Extensive research to determine if, and how, a non-traditional pay plan would fit the organization's culture; Sttong commitment and buy-in from the entire organization; A well laid foundation; An effective medlod of communicating the concept of the non-traditional pay plan to City employees; An invesbnent of time to train employees in the mechanics of the plan and A willingness to take a risk. This risk, for the City of Englewood, has resulted in a more skilled, knowledgeable and better«nc:ated workforce. Thank You! If you would like copies of lllllerials or more infonmlion, you may contact Sally Collier at the Council . •. ' . . ,, -. ' •. .. • • 0 • • • • • • • . ~ ~tAVV\t_t ~ c_ ~L nt "'- tA-~ ~u1 pm -~• I • "" -. , • ... 0 . . •· • 0 ]- - • • • • <. MAY 4, 1998 R£GULAR CITY COUNCIL M££TING PUBLIC H£ARING -ORD AM£NDING INDUSTRIAL ZON£ DISTRICTS .. . . • .. 0 ., • • 0 1 32 x l