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Home My WebLink About1997-12-01 (Regular) Meeting Agenda- • • ,. • • . . ' .................... olO.C...11, 1117,C--=I ...... ......, ........ _. ·-MCondedand pauad, to approw the "NCONI" of the ....ang ol O.C... 1, 1N7. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO lleplarSaliaa Deceaber I, 1"7 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Pro Tern Habenicht at 7 :36p.m. Rall Call Present : Ableat : Also Pracnt : Council Members Gamtt. Bradshaw, Waggoner, Habenicht Council Mcmbcn Nallbolz, Clapp, Burns Assis1ant City Aaorney Reid Deputy City Cleat. Cade Mayor Pro Tern Habenicht asked Assistant City Allomcy Reid to explain what collSl.itutes a quorum . Assistant City Attorney Reid advised that. according to the Englewood Home Ruic Chaner. there must be a quorum of five members present for City Council meelings. Mayor Pro Tcm Habenicht akcd what Council's options arc in the ablcncc c(a quorum. Ms. Reid rapondcd that they may adjourn, or ad,joum to a date cenain. Because there was not a quorum c(five members praent. Mayor Pro Tcm Habcaicbl said she would cntatain a macion to adjourn . COUNCIL MEM•ER WAGGONER MOVED, AND IT WAS SECONND, TO AINOUltN TO DECl:MaER IS, 19'7, AND ALL ITEMS 111AT WEU TO IIE CONSIHUD UNHR 11115 MEETING'S AGENDA •E POSTPONED UNTIL 111AT DATE. Ayes : Nays: Absent : Council Members Gamtt, Bnldsllaw. Wagoner, Habenicht Noac Council Mcmbcn Nallbolz, Clapp, Burns The motion carried and the meeting adjourned al 7 :38 p .m . • • • • • ~ Deputy City C . ' • • 0 ]- . , ( ( ( • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 1, 1997 7:30P.M. 1. Call to order. 'J:3' p.m. 2. Invocation. 3. Pledge of Aleglance. 4. Roll Call. Upanaca1111a.1111,raw--.-....._ ~Clipp,...._ ... .....__...._,..__.__ nat • qum11111111 .. ,...._ ..... l'nl Tam 1-...:t ..._.far• llllllan 111-...n. c..iaa ..... w...-.......... _ _.., ........... a...r,s. ,., ............ _lobe canaidlNdinllrllla .................................. A,-4, ~ 0.Allalnl::, TIie 11111111n CMlld. s. Mnutes. a. Minutes from the Regular City CowlCil fflNlng of NcMmber 17, 1997. 8. Scheduled Vililors. (PINN limit ya.-.,,... ...... , ID 11n "*1ulN.) L The Dlpar1mant ol Pwtca and Rea\llL, .. 19CDg!izli ........ who maiillli.ed 1w Cly's flow gadlna. 8. Comm&ncalana, Plodlrndoi-. and Appal; ..... a. Prodamdon ho11ari11g s.der1 and lrw Tums an 1w occaian ol '-Fllelh Wedclng Anlwwary. 9 . Pubic Hearing. a. Pubic Hearing to gattw input an 1w Brmcrtdge Shopping Cerlllr Planned Unit o.u.lapn,ent .,.ldlnerc.. ........ f "' 1111111 .,,_,_. s aa. ...... z , ...... s ,._,. 11 . .., .. ClflfR • (7&1, ....................... ., ................... ,...,... OCN2 . ' • 0 - • • • t• • • Englewood City Council Agenda Decamber 1, 1117 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. Council Bill 102 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a right-of-way agreement with ATC for the Mineral Avenue Park-N-Ride. STAFF SOURCE: S1awart H. Fonda, Director of Uttlltles. ii. Council Bill No. 108 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a cooperatiVe funding agreement with the Bureau of Alcohol, Tobacco, and Firearms for the 1998- 1999 "G.R.E.A.T." program. STAFF SOURCE: Chris Olson, Director of Santy ServiCN. iii. Council Bill No. 109 -Recommendation from the Department of Safety ,,,. ~ Services to adopt a bill for an ordinance accepting a "COPS MORE 96" grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. STAFF SOURCE: Chris Olaon, Director of Saf9ty s.ntceL iv. Council BiH No . 110 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a Bureau of Justice Assistance Grant in the amount of $47,284.00. STAFF SOURCE: Chris Olaon, Director of Santy Ser.icN. v. Council BIii No. 99 • Recommendation from the Clean, Green and Proud Commission to adopt a biH for an ordinance amenclng the City Code relative to trash collection. STAFF SOURCE: Trtcill l.mgcNI, Neighborhood and Envtrw ......... Techillclan. vi. Council Bil No . 98 • Recommendation from the Department of Financial Services to adopt a bil for an ordlrwlce ameilding the City Code pertaining to requrements for Truh Hauling L.icenlea. STAR SOURCES: Frank °'••lcz DINclor of Ananclal a.~ Suean Clark, ........... and lllldgllt Ofllcer. vii. Council BIi No. 104 • Recommendation from the Department of Neighborhood and eu.... O..elapment to adapt a bil for an ordnance extending the Moratorium after a lapee of one week. STAFF SOURCE: Mark Grahan, Neighborhood Community Coonlnator • viii. Council BIii No. 103 -Recommendation from the Utilities Department to adopt a biU for an ordinance approving a Temporary Water Supply Agreement with Centennial Water and Sanitation Oiatrict. STAl'F SOURCE: Slawart H. Fonda, Dlrectar of UlllllleL b. Approval of Ordinances on Second RNdlng. i. Council BIii No . 101, adding a provilion for Concurrent Review of new liquor licenN applications. ,.._lllllk It,-.._. C tlllyand11Nd.....,.._••d111, ....... nallfy ... C11Jcl .. ll1•ood (TD,alll}llllllllt ...... ln ...... cl ................ n..,-. .. . , • ' ( .. • • • 0 , I - • • ( • 0 t• • 'ini••ood City Counc:11 Agenda D1nmbar 1, 1117 Page3 c. Resolutions and Motions. i. Recommendation from the Department of Administrative Services to adopt a resolution approving the 1998 Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood. STAFF SOURCE: Tom Kenlhlsnlk, Acting Director of Administrative Services. ii. Recommendation from the Department of Parks and Recreation to approve, by motion, the contract for Activity Guide printing. Staff recommends awarding the bid to the low bidder, lntennountain Color, in the amount of $28,036.00. STAFF SOURCE: Jerrell Black, Director of Parka and Recrutlon. iii. Recommendation from the Utilities Department to approve, by motion, a sewer tap agreement with Amerisuites Hotel. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. iv. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of three raw sewage pumps. Staff recommends awarding the bid to the only technically acceptable bidder, Goble Sampson Associates, Inc., in the amount of $134,916.00. STAFF SOURCE: Stawart H. Fonda, Director of Utflltln. 11. Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 105 • Recommeudation from the Department of Neighborhood and Business Development to adopt a biU for an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority regarding Community Development Block Grant funding. STAFF SOURCE: Mark Grahan, Netghborhood Community Coordinator. ii. Council Bill No. 106 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill tor an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority clarifying respective obligations. STAFF SOURCE: Mark Graham, Neighborhood Community Coonlnatar • iii. Council Bill No. 107 • Recommendation from the Department of Neighborhood and Business Development to adopt a bil for an oninance approving an Intergovernmental Agreement with the Englewood Housing Authority regarding Project Build. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions . ,.._ Mir.· • ,_...._ • ....., and nwl auxllary alda or• wta11, plwe nallfy .. ca, o111..,mood (1D,MGI) at ....... haura In ..... ,,, .................... ,,_.,... ...... ,,. ~ • . .. D •· • 0 , • • • <. l!ngl .. ood City Council Agerlda Decemb9' 1, 1997 Page4 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attomey's Report. Adjournment. The following minuteS were trwllfflilled to City Ccu,cll b9twNrt 11/14/fTT-11/26/97: • EnglelrJood CN\, Green and Proud Commiulon meeting of Odober 14, 1997 • Engleuood Plemng and Zor*1g Comml11lon meellng of NcMmber 5, 1997 I,... __ lt,-N a• 7 DIS)....... 5 f .,. •w 111 lb st n I .. .._., ...... , ___ .. _(71111-•1aaat• ..... llr&11 t .6 9 m I -I PW SJ " -. , 0 • • 0 ]- - • • • • • . . -~ NOTICE The regular Englewood City Council meeting of December 1, 1997 was adjourned, without considering business, for lack of a quorum. The meeting was adjourned to Monday, December 15, 1997, at which time all items from the December 1, 1997 agenda will be considered . ,,_ . ' •, • • 0 ]- PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE .. I, Getwd J. Healey, do solerMly-r that I am the Pl'Nklent and Publl.,_ of the ENGLEWOOD HERALD; that the same ia a ~ newspaper pub- lished i n the City of Littleton i n the County of Arapahoe, Stale of Col- orado, and has a general circulallon therain; that said newspaper ha bNn published continuoully and Wlinllmlpl· ecly in said County of Arapelloe far a period of fflOIII than 52 WNks prior to the flnlt pwllcatlon of the ....... no- tice; that said new.paper ia..,.... In the Poet Office of L1111e1on, Cololado, u Second Clau Mall matter and that the said newspaper is a newspaper within the meaning of the act of the General ANembly of the .... of Col- onido, approved March 30, 11123, and enlllled "LAgal NOlloN and ~ menta" and other acts relating to the prinllng and publishing of legal nollca and wu published in the regular and enti111 iUUN of said newspaper, once each WMk, on the urns day of each --. for a period of L conseculiYe inMl1lonl and ... the first publication of said notice -In ~~~7.~ The lut publication of said notice - in the issue of said l'l8Wll)lplr dad ____ -_____ ,._ A<./~ ~r .. .....,.. and sworn lo b9tolll me, a •, (, • • • \. I ~ ~~ ~) <1. (t_) 1.~ ~) ~) (,. i,_) IJ.) I ' . • . ' • 0 - - • • • • <. \. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Saliell Decaaller 1, 1"7 I. Cll .. 09*r The regular IIIClding oCthe Englewood City Council was called IO Older by Mayor Pro Tcm Habenicbt at 7 :36p.m . a.uc.u Praenl: Ablenl : Council Members Garrett. Bladllllw, Wagoner, Habmicbl Council Members Nabholz, Clapp, Burns Mayor Pro Tem Habeaiclll lllbd Mlillalll City Aaanley Reid ID cxplaill wlllll aiMilutca a quorum. AllillaDl City Al1Dl'Dey Reid adviled dlll. acconlillc ID die E .. wuod Hoac Rule Cllllter, there must be a quorum or five members praent for City Coullcil IIICdillp. Mayor Pro Tem Habeaichl lllbd what Council's oplioal are in the lbscncc or a quonun . Ml. Reid ,apoadcd dial dley may alljourn. or adjourn IO a dale <lCltain. Beca111e there wu not a quonam of fi~ members ,._.. Ma,ar Pro T-Habeaichl said sbc would Clllel1ain a IIIOUOII IO adjourn. COUNaL MUDD WAGGONU MOVU. ANa ff WAS SKC0NND. TO AIIIOUU TO NCEMKa 15.1"7, AND Au. lTUIS TBATWDS TO• CONSINaD UNNa 'IBIS M&rnNG'S AGENDA BE POSTPONED UNTIL TBAT Mft. Ayes : Nays : Ablenl : Coullcil Mclllbcn Gama, Bradlllaw. Wagoner, Habc:nicbl None Council Members Nabllolz. Clapp, Bwns The IIIOUOll carried and the IIIClding adjourned at 7 :31 p .m . • • • • • ,, - . ' • . ' .. • • 0 - / • • • • ' <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 1, 1997 7:30 P.M. 1. Cell to order. 'J,'3(p p. m . " - < I' 2. Invocation. .. 3. Pledge of Allegiance. 4. 5. Roll Cell. Minutes. Upon a call d .. RIii, lour.,....__ s--,1. (Mlmbels Clipp, Buma ..i Nabhalz---.t.) a-..._._ nal • quorum d 1w ..-C, Ma,ar Pro Tam HabaNct llalad far a mallan ID adjourn . Council ...... W...,.. IIIWICI, ..i I _-.lad, ID adjourn ID Dacanber 15, 1987, ..i al..._ lhlll _ ID be CCllllidlrN undertllia meallng, ...... be--... unll 111111 dllll A-· 4 "'-· O •~. 3 The mallan caned. ......--. ,-, • ....... • --· a. Minutes from the Regular City Council meeting of November 17, 1997. 6 . Scheduled Vlailors . (Please limit your preNlllation to ten minutes.) a. The Department of Parks and Recreation wll r9COQl1ize the voluntNfs who maintlllned the City's flower gardens. 7 . Non-Scheduled Visitors. (Please limit your preN111don to five rnnas.) 8. Communications, Proclamations, and Appoinlmenla. a. Proclamation honoring Selden and Irene Turner on the occaion of their Fiftieth Wedding Anniversary . 9. Public Hearing. a. Public Hearing to gather input on the Brookridge Shopping Center Planned Unit Development amendment. ....._111111: .,..._.a, na,anct...a-,.n.••t1a11,..,....,.._ .. aa,.,11ua1 ilCNI (7DMOl)al .................... ,,, ................... ,....,... • • • 0 I -• "' - 0 t• . • ' ~. Englewood City Council Agendll o.c.ntier 1, 19117 Paga2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. Council Bill 102 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a right-of-way agreement with RTO for the Mineral Avenue Park-N-Ride. STAFF SOURCE: Stawart H. Fonda, Director of Utllltlea. ii. Council Bill No . 108 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a cooperative funding agreement with the Bureau of Alcohol, Tobacco, and Firearms for the 1998- 1999 "G.R.E.A.T." program. STAFF SOURCE: Clvla Olaon, Dl1'9Ctor of Wy s.r.,tcee. iii. Council Bill No. 109 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting a "COPS MORE 96" grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. STAFF SOURCE: Chris Olean, DINCtor of Wy Services. iv. Council Bill No. 110 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a Bureau of Justice Assistance Grant in the amount of $47,284.00. STAFF SOURCE: Chris Olean, Director of Saf9ty S..icN. v. Council Bill No. 99 • Recommendation from the Clean, Green and Proud Commission to adopt a bill for an ordinance amending the City Code relative to trash collection. STAFF SOURCE: Trtcla Langon, Nelgllbortlood and Envlrol..__. Techillclan. vi. Council Bil No. 98 • Recommendation from the Department of Financial Senrices to adopt a bll for an ordinance amending the City Code pertaining to requirements for Trash Hauling Licenw. STAFF SOURCD: Frank Qryglewlcz Director of Flnanclal ~ 8uNn Ciak. Aawnue and lludgat Ollloer. vii. Council Bill No. 104 • Recommendation from the Department of Neighborhood and Business Development to adopt a bll for an ordinance extending the Moratorium after a laplle of one week. STAPF SOURCE: llartc Grahan, Neighborhood Communlly Coanlnlltor. viii . Council Bil No. 103 -Recommendation from the Utilities Department to adopt a bil for an ordinance approving a Temporary Water Supply Agreement with Centennial Water and Sanitation District. STAPF SOURCE: Stawart H. Fonda, Director of UIIIIIIN. b. Approval of Ordinances on Second Reading. i. Council Bill No . 101, adding a provision for Conc:urr9nt Review of new liquor licenN applications. ,..... .... : .,.., ....... ,., ....... _, .......... , ............... ca,., ...... ... (712-Nll) ........... ln ...... ., ..................... ,....,... • I • • • 0 . I '~ l , ? I - - • ,~ • ,~ . • ' · •Englewood City Councll Agenda l>ece-{lber 1, 1997 ,Pllge3 c. Resolutions and Motions. i. Recommendation from the Department of Administrative Services to adopt a resolution approving the 1998 Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood. STAFF SOURCE: Tom Kershlanlk, Acting Director of Admlnlatrallw SenlcN. ii. Recommendation from the Department of Parks and Recreation to approve, by motion, the contract for Activity Guide printing. Staff recommends awarding the bid to the low bidder, lntermountain Color, in the amount of $28,036.00. STAFF SOURCE: Jerrell Black. Director of Pab Md Recreation. iii. Recommendation from the Utilities Department to approve, by motion, a sewer tap agreement with Amerisuites Hotel. STAFF SOURCE: Stawart H. Fonda. Director of Utllltles. iv. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of three raw sewage pumps. Staff recommends awarding the bid to the only technically acceptable bidder, Goble Sampson Associates, Inc., in the amount of $134,916.00. STAFF SOURCE: Stawart H. Fonda, Director of Utllltles. 11. Regular Agenda. a. Approval of Ordinances on First Reading . i. Council Bill No. 105 -Recommendation from the Department of Neighborhood and Business Development to adopt a bil for an ordinance approving an lntergovemmental Agreement with the Englewood Housing Authority regarding Community Development Block Grant funding . STAFF SOURCE: llark Graham, Neighborhood Community Coonlnlllor. ii. Council Bill No. 106 -Recommendation from the Department of Neighborhood and Bulinesa Dellelopment to adopt a bill for an ordinance approving an lntergovemmental Agreement with the Et iglewood Housing Authority clarifying l'88P9diVe obligations. STAFF SOURCE: Mark Grahan, Neighborhood Community Coorclnalor. iii. Council BIU No. 107 • Recommendation from the Department of Neighborhood and Business O..elopment to adopt a bil for an ordinance approving an lntergovemmental Agleement wilh the E11gletJOOd Hauling Authority regarding Project Build. STltfllF SOURCE: Mark Grahan. Neighborhood Community Coordl11a1ar. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions . ,... .... : .,.. ........ 11 ........ ....., .................... ~ .. ca,a1111111 !IN (JII-MOl) ........... 1n ......................... ,..,... . ' .. ., • • 0 , • • I J -• . • ·, • 1. .. 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. ... Adjoumment. The following minutes were transmitted to City Council between 11/14197-11/26/97: • Englewood Clean, Green and Proud Commission meeting of October 14, 1997 • Englewood Planning and Zoning Commiaalon meeting of November 5, 1997 • • 0 ,... .... ,.. ..... a sn. ....... s , ..... 11 ._,.._..., ... .,.,. 11• ('J'II-MII) ........................... h ·----._,... , ~'>VI - 1. call to order. 2 . Invocation . • • t• . • ' ,, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 1, 1997 7:30P.M. 3. Pledge of Allegiance. 4 . Roll Call. 5. Minutes. a . Minutes from the Regular City Council meeting of November 17, 1997. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a . The Oepar1ment of Parks and Recreation wll recognize the volunteers who maintained the City's flower gardens. 7 . Non-Scheduled Visitors. (Please limit your preeentatlon to five minutes.) 8 . Communications, Proclamations, and Appointments. a . Proclamation honoring Selden and Irene Turner on the oc:cuion of their Fiftieth Wedding Anniversary. 9 . Public Hearing. a . Public Hearing to gather input on the Brookridge Shopping Center Planned Unit Development amendment. "~ ........ : .,.. ..... , ,., ....... ....., ........ ::c1,,, ........ na11y .. ca,e1a, .... ocd (7D-MOl) ............. 1n .... e1 ......... _ ........ ,....,... • ' .; • • 0 I I - - • • • • t• • ' .. Englewood City Council Agenda December 1, 1197 Page2 10. Consent Agenda . a . Approval of Ordinances on First Reading. i. Council Bill 102 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a right-of-way agreement with RTO for the Mineral Avenue Park-N-Ride. STAFF SOURCE: Slawart H. Fonda, Director or UlllltlN. ii. Council Bill No. 108 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a cooperative funding agreement with the Bureau of Alcohol, Tobacco, and Firearms for the 1998- 1999 "G.R.E.A.T." program. STAFF SOURCE: Chrla Olson, Director of Wys.r.tcea. iii . Council Bil No. 109 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting a "COPS MORE 96" grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. STAFF SOURCE: Chris Olaon, DINC1or of Wy Servicea. iv. Council Bil No . 110 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance extending a Bureau of Justice Assistance Grant in the amount of $47,284.00. STAFF SOURCE: Chrla Olson, Dnc:tor or Safety Ser..._ v . Council Bill No. 99-Recommendation from the Clean, Green and Proud Commission to adopt a bill for an ordinance amending the City Code relative to trash collection. STAFF SOURCE: Trlclll Langon, Neighborhood and Envlro1IIMlltal Teclilllclan. vi. Council Bil No. 98 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance ame11diig the City Code pertaining to requirements for Trash Hauling Licenles. STAFF SOURCES: Franlc Gryglewlcz DINCIOr of Financial S.. wlcN; SUwl Clark, ....,.._ and 8udgat Offlclr. vii. Council Bill No . 104 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance extending the Moratorium after a lapse of one week. STAFF SOURCE: Mark Gl'llhan, Neighborhood Community CoordlnlllOr . viii. Council Bil No . 103 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving• Temporary Water Supply Agreement with Centennial Water and Sanitation District . STAFF SOURCE: Stewart H. Fonda. Director or UIIIIIIN. b . Approval of Ordinances on Second Reading . i. Council BIN No . 101 , adding a provision for Concurrent Review of new liquor license applications. "' - ,.._ nol9: •,-...,.. « lllllymd,.. Mldmyalda or wilt111 , ....... IICIIIW .. ca,ol.,. OOIII (112-MGl)llt ............ 1n ............ a.vloN ......... ,...,... • • • 0 ' -• • I~ • Engl-ood City Councll Agenda December 1, 1997 Page3 c. Resolutions and Motions. i. Recommendation from the Department of Administrative Services to adopt a resolution approving the 1998 Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood. STAFF SOURCE: Tom Kerahlsnlk. Acting Director of Admlnlstrallw Ser.ten. ii . Recommendation from the Department of Parks and Recreation to approve, by motion, the contract for Activity Guide printing. Staff recommends awarding the bid to the low bidder, lntermountain Color, in the amount of $28,036.00. STAFF SOURCE: Jerrell Black. Director of Parka and Recreation. iii. Recommendation from the Utilities Department to approve, by motion, a sewer tap agreement with Amerisuites Hotel. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of three raw sewage pumps. Staff recommends awarding the bid to the only technically acceptable bidder, Goble Sampson Associates, Inc., in the amount of $134,916.00. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. Council Bill No. 105 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority regarding Community Development Block Grant funding. STAFF SOURCE: 11811' Graham, Neighborhood Community Coordinator. ii. Council Bill No. 106 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority clarifying respective obligations. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. iii. Council Bil No. 107 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Englewood Housing Authority regarding Project Build. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. b . Approval of Ordinances on Second Reading. c . Resolutions and Motions . ;- ....._ nale: I you lw"9 a -.,111a, .. naad ...a.y alda ar •wta11, ,.._..., .. ca, ol 11 ... •ood (7D,240I) al laaat 41 houra In---af wlwl _.... .. ......_ 1'** ,ou. • - • • 0 , "> • • '· Engl-ood City Councll Agerlda December 1, 1tlt7 Page4 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjoumment. The following minutes were transmitted to City Council between 11/14197-11/26/97: • EnglewoOd Clean, Green and Proud Commission meeting of October 14, 1997 • Englewood Planning and Zoning Commission meeting of November 5, 1997 ,. - ....... 111111: .,... ...... ,, , ........... ...., ............................ ... (JINllll)al ........................................ ,... . , ... • • 0 , .,~VI -• • I • . • ' ENGLEWOOD Cfl'Y COUNCD, ENGLEWOOD, AllAPAIIOE COUNTY, COLORADO N..-ller' 17, 1997 I . c.111110'*" 1be regular llllldiJI& of the Englewood City Council was called 10 order by Mayor Burlll ll 7:4S p.m. 2. lawcadoa 1be invoaWOD -&MD by Council Member Wiggins. 3 . .W.flAle&i• ..... 1be PledF of AllegieDl:e -led by Mayor Bums. 4 . llallCell Present: Council Members Nebbolz. Clapp. Wiggins. Hebenicbt. Vormiaeg, Weggoaer. Bums Ablcot: None A quorum -praent. Also preselll: City MueF' Seen City AJlit1nCY ~ City Clerk Ellil DiftlCW Gt)jSlcwicz. f'IWICiel Serwlel S. M.-. (•) COUNCD, MSDD WIGGINS MOVED, AND JTWAS DCONDD, TO APPROVE 11B MINUIT.5 or TIR UGIJLA& MEnlNG or NOVUDD J. '"'· Ayes: Council Members Nlllliolz. Vonaiaal, Wigim. HllleDicbl. w....-. Clapp. Bur1II Nays: None ,. - (a) Mcallen of tbe Eaglcwood 2003 CellbnlioD Car .,.., wae ~ ID appelll' ID eddraS Couacil reprdiaa p1w ror tbe c:dcllrldolL lwil Sp: a t q. lfllldal rn. die eadiwle. slated thet ta -8 bit prmllll!IC. SIie ed¥illd dleJ wae llele llf die p,od,,..... Md die DljNIIIEMIClmlllOII will be 00 -.ber dey. (b) Stall I.up. 3S3S Soulh ClerUDD S&rell. Oair of the Cleu. Cileea Md Pnlud Commipioo, aid tllll they jull WIIIIOd IO .. a -of Couacil'I tiae IO ........ of die CouDcil meabcn. He emd dl8l Council Member Vonaiaaa came clDn ID die ..... b • momelll. Mr. LaD,e ... dl8l Mr. Vormittq bis beell aD Oill «-. 1--. bower._,-....._ die . ' • . . •· • 0 r ..,".l :v I - • Englewood City Council November 17, 1997 Pagel • • - Council and their Commission. He said they greatly appreciate that, but beyond that, he has been one of the hardest working people on the Commission that whole time. Not only has he done a lot of bard wort. he said, but Mr. Vonnittag has also gi\lCII them a lot of laughs and they have rcally enjoyed having him on the Commission. So, he said, they want to try to, in a small way, reward him and recognize him. Mr. Lange pRSCDtcd him with a gift which he opened. Mr. Vonnittag opened the gift and read the card which said "this boUle wasn't really cxplodcd at the 1996 huanlous waste site. We have been saving it for you . Please bandlc vay carefully. You can do a great service for the citi7.ens of Englewood by taking this with you when you leave town, when we all breath a little cuicr. Just drive very cardully and don't hit any big bumps. We are going to miss you . Clean, Green and Proud." Council Member Vormittag CIOIIIIIICllled that Mr. Lange brought a bottle to the waste dump one time and they did explode it. He noted this is just a reminder. Mr. Lange stated that. on a more serious note, they would like to let Mr. Vonnittag know bow they really feel. Mr. Lange introduced Mr. Don Roth. the Vice Chair of their Commission. Mr . Roth commcntcd that it has been a real pleasure and a bani four years and so they have a couple of plaques for Mr. Vonnittag. One to bang on his wall and another just to carry around and it has names on it. So, Mr . Roth noted, Mr. Vonnittag can say a name instead of"oh, who's it." Council Member Vonnittag thanked everyone vciy much. He noted it is a vcry involved Commission with a lot of hands on. He said he really appreciated it and has teamed so much and he hoped the Commission docs weU over the years to come. Mr. Vormittag said he knows Council Member Nabholz will take the baton and run with it for him and continue on. He again offered his thanks and appreciation to the entire Commission. The Commission thanked him and wished him good luck . Mayor Bums said that was very nice and that they have been aware of bow bard Council Member Vormittag has worked" with the Clean, Green and Proud Commission and Council is very proud of him. Mayor Bums llaled that. as he mentioned at the last Council meeting, Council Member Vormittag is one of these guys that just IJ\'CS you 130% aU of the time and there is no holding him back. When he makes a commitmcot he really docs it. On behalf of Council, Mayor Bums thanked the Commission. (Clerk's DOie : The followina Clean, Green and Proud Commission members wen:• the podium : Stan Lange, Don Roda, Nancy Hughes. Michclc Lerman, Corrine Lindsey. Tim SC-,, Gerald SlaaluJlt,, Susan Van Dyke and Kristen Gillmon .( 7. N• acllutwled Viliton (a) A proclamation honoring flood Middle School for willllillg the praai~ Blue Ribboa Schools Awanl from the United Stales Dcpanmcnt ofEduc:atioa-comidered. Mayor Bums noted that many of them lltellded the special celcbralion • flood oa Friday ud it -really a veiy special day. Mayor Burns, OD bcbalf of Council, coagratulaled flood for this -*'ftal honor. The Clerk was asked to read the proclamatioa in full. COUNCIL MEMBER HABENICHT MOVED, AND rr WAS SECONDED, TO Al'l'ROVE A PROCL.UIA TION, BY ACCLAMATION, CONGRATULATING ft.OOD MIDDLI SCBOOL ON HING NAMED A ILUE RIBBON SCHOOL BY THE UNITED STATU DEPAll'nONT or EDUCATION. .. ., •· • 0 , xi Englewood City Council November 17, 1997 PaceJ ' • • I • • Ayes : Council Members Nabbolz, Vormittag, Wiggins. Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Bums offered bis congntulatioas and prescnled the pnx:lalmlion to Flood Middle School Principal Stc\'e Cohn. Anneae Lucero and Leah Evans. Mr. Cohn lllled dull Ms. Lucero and Ms. Evans reprelCllt their Sludent gcMnllllCllt. Mayor Bums CX1111meated tlull lhis is a pat honor for F1ood ud it -WODdcrful lunch ud -.ably. He DOied they also hid a duce that ~ Mayor Bums adYilcd that Mr. Cohn 1111 been lbere about 20 years ud be received I special mnl for being IOlt al a guiding band It Flood Middle School. Mayor Bums stated the mnl is richly dClcMld and be opined lhll without him Flood probably wouldn't have this honor. Mayor Bums offered his congratulations and ured for a round al applause . (b) A proclamation celebrating the kick-off al the Englewood 2003 Celebration prq,arations WIS c:oasidered. The City Clerk was asked to read the pn,clamation in full. COUNCD. MDISU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION OFFERING SUPPORT FOR THE ENGLEWOOD 2003 CELEBRATION. Ayes: Council Members Nabbolz, Vormittag, Wiggins. Habenic:bt. Wagoner, Clapp, Bums Nays : None Motion carried. Mayor Bums prm:ated the pnldamMicMa to Jwl Spl ...... ud CGrrillC Liadley. Ms. 5pMpaberg advised they arc plallniDg a Ilia party ud a lat al evea11 • die way to it. Ml,ar a... • bellalf' al Council, CXllllmeaded them for lleilla I pert al tllil. He aid lllcy HOW it is FUii ID be I Ilia celllnuoll for Englewood ud tlllt it is pg to be a lat al .wk IOO. Mayor a.. 11111111 c-il ially appn,ciala their efforts in this ....... (c) A pmdamMicMa cleclarina Dec:anber l, 1997 • Malley Saiior llecrllllioa ee.r Day ia honor oC the Malley Caller's 20"' Alllli-,y w comidaed. COUNCD. MURU NABBOLZ MOVED, AND IT WAS SECONDO, TO APnOVE A PROCLAMATION PllOCLAIMING DKUIBU J, 1"7 AS MAI.UY SENIOR UCUATION CENn:RDAY. Ayes: Nays : Motion carried. Council._... Nllbllolz. Voraillll, Wigias. Hlbcaicllt, w..,_,,0app..,_ None The City Clerk wa1 lllred 1111 NIil tbe p,a cl cm la lull. Mayor Bums prWlllld tbe pmdePMloe 1111 Jemll Blldl,.. Orris 5-den. Mr. Saadll'l tillalmd die Council for !his bonor lllcy i.e ...... • die Malley c.e.r. He ad¥ield !al IC will be die 3111 al Dec:anber ud lllcy ilMllld e¥ll)'W 1111 ICIIIIIII. Mayor a... c6nld llis ~ ... 11111111 il is a woaderful racilily ud ii is -celllntias its 20"' ,-,. He 11111111 it Is Iliad villa--. l!Claa die II - • . .. •· • 0 J- • Englewood City Council November 17, 1997 Page4 • 0 • I • street, the Housing Authority is celebrating their 2S"' year. So, he commented, it is a great time for both entities. Mayor Burns offered his thanks to both Mr. Black and Mr. Saunders and asked for a round of applause . (d) A proclamation honoring the World War II veterans being presented the Jubilee of Libeny medal for their service and bravery during the Nonnandy Invasion was considered. The City Clerk was asked to read the proclamalioa in full. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING THE WOllLD WARD VETERANS BEING PRESENTED THE JUBILEE OP LIBERTY MEDAL POR TBEIR SERVICE AND 8RA VERY DURING THE NORMANDY INVASION IN JUNE 1944. Motion carried. Ayes : Council Memben Nabholz, Vormittag. Wiggins. Habenicht, Waggoner, Clapp, Burns Nays : None Council Member Habenicht said that she understood Council Member Nabholz was going to be attending this =mony and hopefully she would take the proclamation on behalf of Council . Council Member Habenicht asked for anyone who was a veteran of World War II to stand and be acknowledged. (e) Comments were made by those departing City Council . Council Member Vormittag Slaled that he really enjoyed working with this Council and he had a really good time . He thanked everyooe for making him pan of the team . He notcd that Council has some really serious decisions to make in the near future . He said he hopes and prays that lbinp work well for them. Mr. Vormittag Slaled be was SUJC the two -Council members will fill their shoes well . He thanked the Clean. Green and Proud Commission for coming out tonight and sayin& dluk you . He said be hopes things go wdJ for them. too. Mr. Vormittag stated llllt be wou1d like to publicly dluk bis wik for her support OYCr the years . He also actnowlcdgcd his Mom and Dad who were out in the audience. He apia offered his thanks. Council Member Wiggins Slaled he has enjoyed himlelf. jull • COUIICil Mclllbcr Vormiaa, bas. He notcd it has been a very iatcraling eight years and llllt the llaff ol !be City is oauanding He llllled they make the job of the Council memben and City Manqer a lot easier . Mr. Wigial com:mnsell llllt the citizens can feel proud of their City employees . He noted they don't bave to worry as niglll bec.-their fire department. police department. public works, waler and _., parks and reaalion and all o{ the City 's stiff are there to serve the citizens. He staled they are doing an excdleal job and be 8*ed llllt the citizens feel proud of them and support them . He advised the cili7.eas to give their support to Council and let them know what they are feeling . He thanked everyooe . Addressing Council Member Wiggins. Council Member Habenicht stated that they haw: served on Council together, well not always together. for eighl years. She said there bave been difficult times and there haw: been very good times. Ms. Habenicht ltlltcd she wou1d mill him. she would mill his ~- She noted she has taken inspiration from his choice and reading of the illVOCllioa before the meetings . She said. in respect to Council Member Wiggins to be brief'. she would jllll say be.a wishes, good luck and God bias you . • ,. - • - • • 0 , ,· Engl-ood City Council November 17, 1997 Page5 • 0 • Addressing Council Member Vonnittag, Council Member Habenicht commented that rarely does a community see the likes of an Alfral Vonnittag. She stated she is sony to see him leave the Council after serving only one term. She said be has served Englewood well and there is not a member of Council that he hasn't supported or rallied around at one time or another. He respects the people of Englewood, the kids, the elderly and everyone in between . He respects the people who work for the City and also the citizens and officials of other communities. He gives~ the benefit of the doubt . She said be is sometimes disappointed and then be is ready to admit his own mistake and perhaps lnllling too quickly, but more often than not his trust is rewarded in the good work that follows his lead. Ms. Habenicht opined that he is a leader, natural born, and the best kind . He leads by getting behind good people. with good ideas. He leads by pulling people along with him when he IIOl:S an opponunity to do IOrnCthing good or nice or just plain fun . She thanked Mr. Vormittag for helping to ave the Englewood Holiday Parade. the Founh of July Celebration and the airplane in Belleview Part. She thanked him for working with the Englewood Historical Society to salvage the Englewood Depot. She also thanked him for being at the Rm meeting, when the vote, so easily, could~ gone the other way for the southwest corridor and for addressing the Rm Board sincerely, sensibly and from the bcaJt. reminding all who were there thal our cities are in this together and that we can and should help and support each other. She thanked him for making the tough decisions. for listening to other points of view. for taking stands and sometimes for stepping back. Ms. Habenicht stated that be has inspired many to volunteer where we dido 't even realize we could make a difference and making so many of us feel so good about ourselves. She thanked him for his many creative solutions, like bis suggestion that brought us landscaping on Santa Fe Drive five years ahead of schedule. She thanked him for the gardens be planted and tended at City Hall when we bad to cut the City's garden budget. She thanked him for supporting the bookmobile and bookmobile volunteers when be saw bow important it was to so many people. For being among the first to see the potential in saving the Foley's building and for realizing that the school distrid could use some of the equipment that we were getting rid of. always looking out for the best for all of us and the best in all of us . She thanked him for the foresight to Ft us the shovel tbal was used to break ground for the light rail beaded for Englewood and for putting together the plaque that COIIIIIICIIIOrl so many people who doa 'I always agree. but who came together to help make it happen. She thanked him for rea-.beriag and commemorating the cootributions of Anne Stn:et. Edie Bryan and the ~·sud so many odlerl. Ms . Habenicht noted she could go on. but she thought be Ft the pidurc. tblt be bas made a -*'fu1 world of difference to the people of Englewood. She said we will mill Mr. V01111ittag ud she said God Bless him, and wished him good fortune and happy trails. Council Member Nabbolz noted she bas only worted with Council Memba" Wigias a few IIIOlldls and she thanked him for always being the ~no" man . She said be bas alqys been mesiMaM with ~no" and thal bas been a real refresher for her. Council Member Nabbolz told Council Member Vormittag tbal she is n:ally IOUI& to miss him if she is going to lake over as the liaison for Clean, Green and Proud. She noted she bas worbd with Mr. Vormittag and bis wife Bobbie many times at the Transfer Stalioa and with the buanlous materials. Ms. Nabbolz wished Council Member Vormittag and his wife the best. She staled be bas been a very,~ bard worker and very supportive of many of the projects in Englewood. She wished him good luck. (f) Mayor Bums asked the City Clerk to rad the lisa of newly-detted Council Members. Those announced. Council Member District 2 Thomas Bums. Council Member Dillrict 4 Douglas Garrett. and Council Member At-1.arF Beverly Bradshaw, were then-. in by the Honorable Louis Parkinson, the Englewood Municipal Court Judge. (g) The new rnemben of City Council were seared in their IClllporUy ICIII. after wllicb the City Clerk called the roll, with the following results: ...... "' - •. ' •· • 0 1 lrr, ' - Eaclewood City Council November 17, 1997 Page6 Present: Absent: A quorum -present • • • Council Members Nabholz, Clapp, Garrett. Bradshaw, Habenicht. Waggoner, Bums None (h) Mayor Bums asked for nominations for the office or Mayor for the next two years. Council Member Waggoner stated that. as the City is in a period or cbanac and n:ally desires continuity, he would make the following motion . COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO NOMINATE TOM BURNS POR no: OfflCE Of MAYOR AND AUX HABENICHT POR no: oma Of MAYOR PRO TEM Of TIIE CITY OP ENGLEWOOD. Ayes : Council Mcmben Nabbolz, Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. (i) Nomination for Mayor Pro Tern. (Clerk 's no1e: See Agenda IIClll 8 (h).( (i) Mayor Bums gave the permanent ICaling assignmcms. (k) Mayor Bums presented plaques IO depu1iDg Council Membcn Alfied F. Vorminag, Jr. and Clyde Wiggins in appreciation or their service • members or Council. Mayor Bums said he would like IO pcnoaally !bank Mr. Vormittag for bis service on Council . He noted be has been a unique member and is the kiDd or a guy !hat rally pts iDIO the lllillp tbat be worts on . Mayor Bums comlDCDled dial he bas prowled a pmticular pcnpeclM for Council aad dial -or 11S that wear the Illies all or lime can learn a la( from a guy like Mr. Vormiaag. He said be would like to sinocrcly !bank Mr. Vormittag for bis service . He noted they came on Council on the day and so be has a special -, or that. Mayor a... on bdlalf or Council, wished Mr. Vormittag w1 bis wife well and in all their trnels. He tliulred bia apia for llis cledicalion to the City. Mayor Bums noled Mr. Wigim aerwd • Mayor from NCMlllbcr II, 1991 to NCMlllbcr 15, 1993. Mayor Bums stated dial be~ eapec:ially like IO n,copizlc Mr. Wigial ._be~ what tbc job of mayor is like and tbcrc 1ft a la( -llliap dial )'OU ~ IO do wbca )'OU 1ft mayor. He said be has cspecially enjoyed womng with Mr. Wiggias. that be bas bcca on Council for -lime and Council really appreciates his leadcnhip and dedication. On behalf or Council, Mayor Bums offered his thanks 10 Mr. Wiggins . (I) Family members and guests of City Council members were ialJ'oduccd . (m) Council recessed at 8 :20 p.m. for a brief reception . The meeting recomened at 8:45 p.m. with all Council members prcsc:nt 9 . ..Mic Baria& No public bearing was rcbcduled before Council . 10. C__.Aa-la .. •· • 0 , ]- Ea&lewood City Council N-ber 17, 1997 Pqe7 . ' .. • • • (a) Approval on Ordinances on First Reading , . COUNCU. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA 11'1:M 10 (a) (I) ON nRST READING. (i) COUNCIL BILL NO . 101, IJ\rl'RODUCED BY COUNCIL MEMBER BRADSHAW A BllJ.. FOR AN ORDINANCE AMENDING TITLES, CHAPraR 38, SEC110N S, ~WOOD MUNICIPAL CODE 191S, TO PROVIDE FOR CONCURRENT REVIEW BY 11iE ENGLEWOOD LIQUOR LICENSING AUlllOIUTY AND 11iE STA'JE OF COLORADO UQUOR ENFORCEMENT DMSION OF NEW LIQUOR LICENSE APPLICATIONS IN ACCORDANCE wrIH 11iE STA'IE OF COLORADO LIQUOR CODE REGULATION. Mocion carried. Ayes : Oluncil Members Nabbolz. Ganat, Bndlllaw, Habeaicbl, Wagoner, Clapp. Bums Nays : None (b) Approval ofOrdi-on Second ReadiDg COUNCU. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO Al'l'ROVE CONSENT AGENDA 11'1:M II(') (I) ON SECOND HADING. (i) ORDINANCE NO . 17, SERIES OF 1997 (COUNCIL BDJ.. NO . 95, INTRODUCED BY COUNCIL MEMBER VORMl'ITAG) AN ORDINANCE AU11IOIUZING AN Dn'ERGOVl!RNMENTAL AGltEEMl!NT BE:nVEEN 11iE U.S. GEOLOGICAL SURVEY, UNTreD STA'JES DEPAR'IMENI' OF 11iE Dm!llJOll AND 11iE CITY OF ENGLEWOOD, OOLORADO EN1Tl1.ED "U .S. DEPARlMENT OF 11iE INI1!RIOll U.S. GEOLOGICAL SURVEY JOINT FUNDING ACiREEMElff FOR WA 11:ll RESOURCES INVESTIGATIONS .• Ayes : a-:il Malbell M*lalz, Olma. ........ llabeaic:M, w...--. Clapp, .... Nays : N«- (C) RClol..i-and Motiaal MAYOR BURNS REMOVED 10 (c) (ii) nOM 11R CONSENT AGENDA. COUNCU. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO Al'l'ROVE CONSENT AGENDA rrEM II (c) (I). (i) RESOLl1l10N NO . 109, SERIES OF 1997 "' - 'I • ... • • 0 Eactewood City Coaadl November 17, 1997 Pace• (, • • • A RESOLUTION AUllfORJZING nm ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT nm ANNUAL KFO()[) FOR FINES" PROGRAM FROM NOVEMBER 18, 1997111ROUGH DECEMBER 19, 1997 . Vote..-lta: Ayes: Council Members Nabbolz, Garrett. Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried. (ii) A iaolulioa ac:ccpling clwip to the City of Englewood's hmstmeat Policy was comidered. Mayor Bums questioned wlllt dime cbu,es are. Director Gryglewicz explained 1h11 the cbu,es Mft in bold and the deletioal wen: struck tbrough. Council Member Wagoner DOied that MIil they had looked like the fillll a,py. City Aaorncy BRIIZlmll explained that what Council ra::eiwd the new policy, tbla the black lined version didn't go to Cowicil . Mayor Bwns notm they can't leU what the changes are. Director Gryglewicz said he did not know why Council didn't ru:eiw the black lined a,py. Council Member Habenicht sugestcd that perbapl they should posq,oae this. Mayor Burns asked if there would be a problem with tbla as be would like to get a look at the changes. Dim:IOr Gryglewic:z said no, that Fitch Financial is rating our portfolio at the praeot lime and they wen: just trying to get it clone so they a,uld finish their job. He advised that this will ._. to be brought forward io December. He said be would provide Council with black line a,pics so they can compare the new and old policy. COUNCIL MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO POSTPONE AcnON ON CONSENT AGENDA ITEM 11 (c) (Ii) UNm. TREY GET THE al.ACK LINE COPY. Motion c:uricd. Ayes: Council Members Nlbbolz. Garrett. Bradshaw, Habeaic:bt, Waggoner, Clapp, Bums Nays : None 11 . lteplar Apda (a) Approval of Ordinances on Fira Rcadillg There were no additional items 9Ubmiaed for approval• fim radiag. (Sec Apada Item 10 -Couent Agenda.) (b) Approval of Ordinances on Secoad RClding There were no additional itcms submiaed for approval on sealllll radio&-(Sec Apada Item 10 -Couent Agenda.) (c) Reaolutions and Molm There were no additional resolutions or motioal lllbmined for approval. (Sec Apada llelll 10 -ec..nc Agenda.) 12 . Geaeral .,.___ "' - .. ., • • 0 , Enpewood City Council November 17, 1997 Page 9 (a) Mayor's Choice • • , . • I. Mayor Burns wela>mcd Bev Bradshaw and Doug Garrett. the new Council members . He said it was a pleasure to have them there and he was looking forward to working together with them . 2. Mayor Burns noted he received a Flood Middle School special pin a couple of days ago. On behalf of Council he congraJulated them again. 3 . Mayor Burns Slated. referring to an article in the paper this week regarding the Southwest Corridor Light Rail, that Jon Caldera who had oppoml Guide the Ride, had threatened to call a special meeting to try to kill the Southwest Conidor Light Rail Line. He DOied it has been in the press and the Denver Post had an editorial on how many tens of millions of dollars this would cost RTD to do this. Mayor Burns advised that he talked 10 staff on Friday and again today and that meeting has not been called and it appears that maybe it won '1 be called. He said that. reflecting on the real impact of such a thing. that possibly this meeting will not occur. But. he Slated. it cenainly illustrates that we have to keep our guard up all of the time on this line because there an: people on that Board who would just as soon terminate it and maybe go southeast or not have any light rail al all. Or. Council Member Bradshaw said, go straight 10 Highlands Ranch . Mayor Burns said that is right. He noted we have lo be ready at all times 10 go 10 any meetings. Mayor Burns advised that he has asked that they infonn him of any meetings. He noted that Alan Fleming, who represents pan of Englewood. has said for months that he would saop voting against the Southwest Corridor as soon as the $23 million. which was appropriated by Congress this year, is in hand. He Slated that they did get verification today that the funds have been appropriated. Mayor Burns said he was not sure if that was good enough for Mr. Fleming. But. he said, he would certainly call on him to Slart voting with us illSlead of agailllt us . Mayor Bums advised that they have staJ1ed to work on verification that that money has been receiwd. to Mr. Fleming's satisfaction. Mayor Bums pointed out that every vote they get down there is valuable, especially the vote of someone wbo has newr voted for us in the past. He said they will keep working on that one . 4 . Mayor Burns advised that there is a special ceremony in Littleton, tomorrow afternoon. '-'ing Mayor Dennis Reynolds. II will be held aa 2:00 p.m. at the Littleton Depot. al Crestline and Rio Grande . Mayor Bums commenled that he and Mr. Reynolds have worked almost like twins on the Southwell Corridor Light Rail project . He noced they uaveled to Washington. they testified before the Coagraa, they surveyed the Congressional delegation and appeared many times at RTD together. He staled that Mr. Reynolds has been invaluable ally for us on the Southwest Corridor Light Rail project . Mayor Bums mentioned that he has known Mr. Reynolds for 2S years. Mr. Reynolds has been chair ofDRCOG, chair of this dililrict for CML and on the Ulban Drainage and Flood Control Dililrict . Mayor Bums said be is amazed at bow many things Mr . Reynolds has done while alJo conducting a CPA p,acticc. Mayor Bums opined that Mr. Reynolds is one of the great. genuine. great guys around. He said that if anyone would like 10 attend tomorrow they should feel free 10 do so. 5. Mayor Burns co11U11C11ted that he lcded up the Englewood police chase policy. He said that as they know. with the tragic incident where a Denver officer was killed last week, that chase proc:ceded right through the City of Englewood on 21S . He advised we have a policy of not picking up a clme that is moving through our jurisdiaion. that originated somewhere else. He DOied we went through this a couple years ago and be was just cwious about it. Mayor Bums DOied that some of our officen problbly lllellded that special memorial service today and that Council wanled to recognize that officer and ru:opm that when our police officen ao out on the IIRICl ~ they really are lilCf'ally putting their lives oa Ille line. He opined we sbouJd be dcnlalJy gnld'uJ for them for that service. (b) Council Member's Choice "' - .. .., I· • 0 t ]- • 0 • En&lewood City C1N1ndl November 17, 1997 Page 10 (i) Council Member Nabholz : , . I. She asked if the rcccption, held on Friday night to welcome Ga,y Sears, was for the whole community. Or, she questioned, was it just for Dcputmcnt heads or chairs of boards and commissions. She said her question is whether it was open to the community. Mayor Burns said he did not think it was publiciud that way. Ms. Nabholz stated that kind of saddens her, that he is in charge of our fair City and she would really apprmate, with the help of public relations, that they could get it in the Englewood Herald, Denver Post or the Rocky Mountain News. She said she was really sad to sec they had not done more on this. 2. She said the graffiti, on the fish store in the 3400 block of South Broadway, that was brought up at Coffee and Conversation with Council in October, is still there . 3. She noted in the Library Board minutes it said that Hank Long was attending and involved in a panel discussion at the CLA Conference in regard to filters on the computers. She told Mr. Long that she would like to sec if we have anything on that that he could provide to her. 4. She said she thinks it is long overdue that they set up a meeting with S &. H Concrete, Waste Management and the neighbors involved over on Union in regards to truck problems. And, she stated, not a Oyer. She commented that she thought a face to face meeting with these neighbors, these two businesses, as well as any Council member that can attend, is long overdue . Mayor Burns noted that he has some pictures Council Member Habenicht gave him and that he received a call about a week ago advising there will be some pictures coming through. He opined those people really need some help over there and that he really thought it was a good aaggcslion . In response to Council Member Bradshaw, Mayor Burns confirmed that the area in quellion is Union olf ofFcdcral. S. Ms . Nabholz welcomed Bev Bradshaw and Doug Garrett . (ii) Council Member Bradshaw stated that she is very CIOIICCfDCd lboul wut is going on with South Suburban. She advised she will be meeting with a couple of their Boarcl members just to sec if they can't try to SIIIOOlh some SIUff out or figure out who is doing what. She Slaled she just wanted Council to be advised of that because when she docs things liu that she leis people"-· Mayor Burns said that he shares her concem with that. He noted that he tbougbt wbcn we had dinner with them scvcra1 weeks ago that we were, perhaps. getting olfon a diffcrcat kind ofrclatioasbip. Council Member Bradshaw explained her concern is that it seemed to her that everybody who walked out of that meeting had a different impression of what happcocd. Some people, she pointed out, felt liu they were hit by a truck and other people said ~oh. it was fine ." She said she understands the 5laffs will be getting together. City Manager Scars advised that OD Friday, Jerrell Black. Dave Lomlz and their attorney and Dan Brotzman will get together here at 10 :00 a.m .• to talk about a conlact that City Attorney Brouman had about 11-1 proceeding with COllltnlction . He noted that pan of that is to have Parts and Recreation Director Black. who is doing some work OD the questions that were raised about the City scrvica. to kind of talk through some of those iuucs. Mr. Scars added that this will be bis tint opportunity to sit down with Dave Lomlz to talk lboul our rclatiolllbip. He opined that it was important to have the attorneys pracnt. just bcclulc there is IOIIIC dilCUllion about wbcdlcr they can proceed or not ,. - ; tn, ' ' •· , Englewood City Council November 17, 1997 Pase 11 • 0 • , . on that site. He IIOICd that City Attorney Brotzman prepared a memo that was passed out to Council regarding that situation . COUDCil Member Bradshaw said she feels it is critical to try to use any angle we can to improve communications. Mayor Bums commented that he agreed. COUDCil Member Waggoner pointed out that we have tried to do that several times without very much success . He said he is wondering if City Attorney Brotzman or somd>ody needs the authority to pursue any kind of action, should they actually start work . He maintained it would he a big mistake for them to start any kind of process or work on that site without first getting the authority from the City of Englewood. He stated that is pan of our nalcs and regulations and that is in the City of Englewood. He asked if COUDCil needed to give authority to City Attorney Brotzman to proceed with any kind of legal action. City Attorney Brotzman advised that COUDCil needs to gi\'C that to City Manager Sears. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE ANY APPROPRIATE LEGAL ACTION THAT IS ABSOLUTELY NECESSARY TO KEEP SOUTH SUBURBAN rROM STARTING WORK UNTIL THE PROPER PROCESS HAS BEEN COMPLETED. Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays : None (iii) COUDCil Member Clapp : I . She DOied that on the aai of December Council will come together for a Christmas Party with some of the loc:al. 11a&e and federal dectcd officials. She stated she wanted to n,qucst that we ba\'C it at the A VS CClller inslCad of the Golf Course to maybe show a little bit of support to that program. In rapoue to COUDCil Member Clapp. Council indicated they know about the program . Ms . Clapp said she didn 't know wllcthcr she needed a motion or just a~ of Council . Mayor Buras mealioaed that he thought sometimes A VS can aa:ommodale those things and some times they can't. COUDCil Member Habenicht DOied that was w1u11 she was going to ask. Council Member Clapp advised she aaed them if this was SOIIIClhing they could do ud they indicated they could and that they would specially caacr it for us . Mayor Bums iadic:aled he did not object to that. He asked who WU organizing it Council Member Clapp iadic:aled it was Sue Bradshaw, bul when they originally talked about this they talked about bolcliDg it aa the Golf Cows. Ms. Clapp said Ille tbougbt it would he aice to --• little support to. loc:al school orpniDtioll. She explained that it is a pannenhip ~ Arapahoe County, Dou&las County and Englewood Schools. She commented that their food is really quile good. Mayor Bums DOied that they recently remodeled their room ewer there and it is quite aic:e. Council Member Gama med if there has been a contract to hold the pany at the Golf Cows or anything lille that. Mayor Bums said no, that he did not think so . Mayor Bums ukcd if there was a consensus of Council to do that. Council indicated there was . 2. She said she also wanted to bring up the Summit: Focus on Children that is in Wuhiagtoo. She noted they still ha\'C IIOl put together an qenda. But. she noted, wbll she did do. during the brief reception. was copy some things she pulled off the llllenlll. wllicll sllows their million llalcmeat and a list of sponsors . Council advilcd they alrady ru:em,d that ildanllluoa. She noted Sue Bnidlbaw didn't miss a thing and she thanked her. •· • 0 , Englewood City Council November 17, 1997 Page 12 (. • • • Council Member Clapp commented that it looks like something she would be interested in pursuing. She said she would like to get Council's permission to do that. Discussion ensued as to wbo would be going. Council Member Clapp noted she would like to go and indicated City Attorney Brotzman would also be going. Mayor Bums asked if someone from the Library Board would be going. Council Member Habcnicbt advised that their budget is somewhat spcot and she noted they rcceiwd a memo from Library Director Long rcprding that. Ms. fflbcnicht noted she attended the Library Board meeting and sat through the public comment section about that. She advised the people indicated they want to work together and noted it is a very, very difficult. complicated situation. Ms . Habenicht felt it would be appropriate to send a delegation of people, where they can learn some of the things that are being looked at nationally and bring that back . She opined, sometimes when you have a number of people who share some of the same ideas and they bring it back, that it really works wdl. Especially on something as critical as this issue is to so many of us in the community. Council Member Habenicht said she would like to recommend that Council Member Clapp head a delegation. She noted Ms . Clapp has rccommcndcd that City Attorney Brotzman also attend. Ms. Habenicht advised that the Library Board indicated, if Council would be willing to send one of their members, that they designate the vice<hair to attend. Also, she noted, they thought it would be appropriate if Library Director Long would attend. COUNCIL MEMBER HABENICHT MOVED TO SEND A DELEGA TJON OF FOUR PEOPLE, THE FOUR PEOPLE SHE mENTIFIED, TO THE "INTERNET/ON-LINE SUMMIT: FOCUS ON CHILDREN" IN WASHINGTON, D.C. Mayor Bums asked if they have some idea of what the total COil will be. Council Member Clapp advised they had an estimate drawn up, which she felt was very high. She opined this could be dooc for a whole lost less. She commented that she wasn't cienain it was going to be ...cdung worthwhile, but after really looking it over and giving it a grcal deal of thought. she really feels it is. COUNCIL MEMBER BRADSHAW ADVISED SHE WOULD LIKE TO SECOND THE MOTION SO THEY COULD DISCUSS ff. Council Member Nabholz asked what the COil would be. Council Member Clapp advised it was $1886 per person which she felt was real high. that that would be top dollar. Mayor Bums noted the airfare is a big thing on there and 1w felt they could wort on that cxpcnsc . Council Member Clapp said she didn't think room and board would be that higll either. She advised it swts the ~ng of the 1 •. so if they Bew out on the 1 •, they would have the nigllt oC the 1 •. 2 .. and J.,. and come back in the momiag, so they would be there three nights. Council Member Habenicht noted it is also poaiblc. since this is a short CIOllfercacc, that maybe the two guys and two pis could share a room. She commented that she has lllln:d wbca going to a c;onfercnc:e with Council Member Clapp bcfon:. Council Member Clapp noted it is for three nights and that she really values her privacy . She said it is nodling pcnoaal . Council Member Habenicht advised it was just a suggcslion. it was not an unendmcat . Ayes: Nays: Motion carried . Council Membcn Nabbolz.. 0arreu. Bndlbaw, Habcnic:bt. Clapp, Bums Council Member Waggoner .. • • 0 , ]- Enpewood City Council NOfflllber 17, 1997 Pace 13 . ' • • t• • 3. She welcomed the new Council members and commented that she is rally looking forward to the next two years. Ms. Clapp opined thcY have a rally aice Council and thcY will accomplish many things . • • • • • Referring to the ~1ntcmdl0n-Une s.a-it: Focus on Children". Council Member Nabholz indicated she did not have a list of spoRIOR. wbich sllc would like 10 lu!Yc. Couac:il Member Waggoner noted that the list of sponsors was included in the one infonllllioa plCk.el Couac:il receiwd. (iv) Council Member Wagoacr ODID ...... dial be bappcned to visit San Franciseo on the weekend and there were some nice areas tbae that would sure look good at Cinderella City . He said he reali7.es we don't have any seabolrd areas. bul be noted thal Fisherman's~ Pier 39 and Ghinnlelli' s is just ablolutely fant.lllic. He opined lhll it would be great if we could get somedling like that, at least for a little area in the Cinderella City area. He said be doesn't know if Gbiranlelli's is a franchise type thing or what it is, but that it is quite a place and would be a people draw. (v) Council Member Habenicht: I . She thanked Council for supporting her to be Mayor Pro Tem . 2. She welcomed Doug Garrett and Bev Bradshaw to the Council. She said she agrees with Council Member Clapp that this Council has good times ahead of them . Ms. Habenicht also congratulated Mayor Bums. 13 . City Maaaaer's Repon (a) City Manager Sears DOied Public lnfonnation Officer Punc:erelli provided Council with a proposed orientation for this Friday . He commented it is a pretty lcngtby day. that tbere aR a lot of plmzs 10 go see, but we aR trying to give Council a tas1c: of the City operations . He said thcY would sure look forward to having Council memben llteDd any or all of this on Friday . As part of this, he adviJed, thcY would be having an informal lunch at the Golf Counc with the ~ beads to talk about the various issues. Council, be said, would be welcome to bring forward any iaues. He asked thal Council let them know if this worts for them. (b) City Manager Sears advilcd that there will be an Employee Holiday Rec:q,aoa. wbich will be an informal holiday get together. He welcomed Council to attend. He noted it will be a ,et together for em~ for the-" Ibey have done hen:. He DOied it will be held from 2:00 p.m. to S:00 p.m. on Thursday, December I ... at the GolfCounc. He com.........i lhll Ms. Punc:erelli bas been working with the Employee Relations Depanmcna to put this IOpthcr. (Clerk 's note : The date for the Employee Holiday Reception has been changed to Wednesday, December I.,.. The time and location remain the ame -from 2 :00 p.m. to 5:00 p.m. 11 the Golf Course .) (c) City Manager Sears said, so we can keep JOing oa Cinderella City, we lulYc a big meeting planned tomorrow after 11d meeting. -'ting with Marilee Utter, Peter Kenney . He ldviled thcY have been asked to kind of prepa,e their direction on some al the dlings Ibey would like to - happen . Then tomonow .ncr-Ibey and the lldwill meet witb Skip Miller. He lllled it is planned for 2:00 p.m. in Confereoc:c Room A. Mr. Sean DOied Ibey may Ill that back. probably a bait llaur, because he was sure -may Wllll to be II Deuia Rcylloldl' pany . Bu&. be lllled, lllil ...aa, will be at City Hall and if anybody wana to llleDd. Ibey are welcoae 10 allelld. He DOied it will be the ftnl lilK " - • ... • • 0 f iv I - • h&lewood City C•lldl N-ber 17, 1997 ··~14 •, (. • .. • • the stall', along with Marilee Utter, will actually take a look at the plans Skip Miller has put logetber for altemllMI. After the review, be Slid, they plan to bring the alternatives back to City Council with some n,aJCPmendetioN II the December 1 • meeting. So, he noted, they just want to keep this ll a bigll leffl and keep~ OIi il Council Member Waai-advilCd, in c:oqjunction with Cinderella City, he has reqllClled, lhnlugb City Manqer San. tlllll llaff'pul toplher a little model of the Cinderella City area dull shows the clilielalial in grades IO Council CU 8CIUllly lee il He said he told them not to get fancy, just to show wllll die grades will be and bow --could wen with what was sugesred the ocher nigllt widl die Foley's building. showing the rampl up and clown, the light rail stalion, the theater and -raidmlial along that north lide. He (NI ..... dull this will allow Council to -what the dl'ectl of the grades will be and be thougbl that would help evayone. City Manqer Sears adviled that Rick Kalun will be ~ on putting that togdber. City Manager Sears added that the meeting tomonow morning with Marilee Utter, after the llaff'meeting, is in part to get some information from them on what their amngement may be with us as a City during the course of this dewlopment process . Again. he noted. that will probably be coming back to City Council at the December 1• meeting with some type of a proposed agreement with them as they monitor what happens. He oommentcd that he doesn't know what the terms of that will be right now . Council Member Waggoner asked if there is any new mroru.tion on Wards. City Manqer Sears said no and c:ommented that we did get the keys to the Joslins building, but he still doesn't know the closing date for the rest of the property. City Attorney Brotzman explained that this is not a regular residential closing. The two panics, Equitable and Kravco, have worted out their differences, he said, and the rest of this transaction will be through the mail. He stated the title company doesn't want to see·anything over faxed documents. so there is no sit down formal closing on this. the rest of this is just going to happen through the mail . He adviled that probably by the encl of the week nay side shoulcl have signed. So, Council Member Waggoner said, by the encl of November we should be the owner. City Attorney Brotzman said that is right. 14. City An-ae,'1 ~ (a) City Attorney Brotzman asked if there would be thftc council members II the media& II 2 :30 p.m. tomorrow. Council indicaled they would 11y to lllClld. Mr. Brotzman adviled they would med to pos1 notice or that meeting. MAYOR BURNS MOVED TO ADJOURN . The meeting acljourned at 9 : 14 p.m. "' -. ' .. ., • • 0 f ~ , I • 0 • PROCLAMATION WHEREAS , Selden and Irene Turner will celebrate their Fiftieth Wedding Anniversary on December 5, 1997; and WHEREAS , the City Council of Englewood wishes to honor Mr. and Mrs. Turner on this special occasion ; and 8a WHEREAS, Mr. and Mrs . Turner have lived in Englewood for their entire fifty years of marriage. and the majority of their lives ; and WHEREAS, Mr. and Mrs . Turner both graduated from Englewood High School, and raised four daughters who also graduated from Englewood High School; and WHEREAS, Mr. and Mrs . Turner have contributed much to the community over the years. through their efforts in the Pirate Band Boosters Club and their impeccable community pride ; and NOW , THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood , Colorado and Members of the Englewood City Council hereby congratulate Selden and Irene Turner on the very special occasion of their Fiftieth Wedding Anniversary, and wish them continued health and happiness . GIVEN under my hand and seal this l " day of December, 1997. Thomas J. Bums. Mayor Alex a ndra (Alex ) Habenicht Mayor Pro T em Beverly J. Bradshaw, At Large Lauri Clapp. District Ill Douglas Garrett, District IV Ann Nabholz . District I Kells Waggoner, At Large . . . -iffr"I •· • C ' - • • • 0 I • • PROCLAMATION WHEREAS , Selden and Irene Turner will celebrate their Fiftieth Wedding Anniversary on December S , 1997 ; and WHEREAS. the City Council of Englewood wishes to honor Mr. and Mrs . Turner on this special occasion ; and 8a WHEREAS. Mr. and Mrs . Turner have lived in Englewood for their entire fifty years of marriage, and the majority of their lives ; and WHEREAS, Mr. and Mrs . Turner both graduated from Englewood High School , and raised four daughters who also graduated from Englewood High School ; and WHEREAS. Mr. and Mrs. Turner have contributed much to the community over the years , through their efforts in the Pirate Band Boosters Club and their impeccable community pride ; and NOW , THEREFORE, I, Thomas J. Bums. Mayor of the City of Englewood. Colorado and Members of the Englewood City Council hereby congratulate Selden and Irene Turner on the very special occasion of their Fiftieth Wedding Anniversary. and wish them continued health and happiness. G IYEN under my hand and seal this l" day of December, 1997 . Thomas J. Bums , Mayor Alexa ndra (Alex ) Habenicht Mayor Pro Tern Beverly J. Bradshaw, At Large Lauri Clapp . District Ill Douglas Garrett, District IV Ann Nabholz , Di strict I Kells Waggoner, At Large ' I· ' ]- • • • • t• • ' (. COUNCIL COMMUNICATION Date Agenda Item Subieet Case PUD-97-01 Brookridge Shopping Center Planned Unit Development December 1 , 1997 9a Major Modifications Initiated By Staff Source J . Michael Spriggs Tricia Langon, Neighborhood and Brookridge Shopping Center, Inc. Environmental Technician 8400 E. Prentice Avenue, Suite 1140 Englewood, CO 80111 COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On November 3, 1997, City Council set a Public Hearing on this matter for December 1, 1997. PREVIOUS PLANNING COMMISSION ACTION The Planning Commission held a Public Hearing to consider the proposed Brookridge Shopping Center PUD Modifications on October 7, 1997. The Commission recommended approval of the PUD \ modification . 1 RECOMMENDED ACTION Staff recommends that the proposed Brookridge Shopping Center PUD modification be approved as recommended by City Planning and Zoning Commission. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The subject property is located in the area bounded by South Broadway on the west, East Centennial Avenue on the south, the Englewood City limit on the east, and East Belleview Avenue on the north. The surrounding area in Englewood is zoned B-2. Business District. The adjacent area in unincorporated Arapahoe County to the east is zoned single-family residential. The subject property was annexed into the City of Englewood by Ordinance 13, Series of 1964 and was zoned B-2. Business District. The subject property is part of the Brookridge Heights Subdivision. The subject property was rezoned Planned Unit Development by Ordinance 3, Series of 1997. The site is currently developed with a 59,175 square foot shopping center and office complex with mini- storage under construction . A public hearing was held by the City Planning and Zoning Commission on October 22, 1996 on an application for Planned Unit Development Modification filed by J . Michael Spriggs, owner of the Brookridge Shopping Center. The applicant has submitted a Modification of Planned Unit Development for the Brookridge Shopping Center PUD. The request considers two modifications: 1. Roofing Materials: An amendment to change roofing materials. Specifically, the amendment would replace standing seam metal roofing material with dimensional asphalt shingles on the roofs of buildings 1, 2 and 8 along East Centennial Avenue, and replace asphalt shingles on all other buildings (buildings 3-7 , 9-14) with dimensional asphalt shingles . The PUD specified that all buildings adjacent to the residential neighborhood and all Interior site buildings have asphalt shingle roofs . The PUD further specified that buildings 1 , 2 and 8 on East Centennial Avenue have standing seam metal roofs . . . ,,_ . ' •· • - - • 0 • Dimensional asphalt shingles conform with and preserve the residential scale of the adjacent neighborhood . Residents attending the neighborhood meeting in October 1996, supported use of roofing material that would complement the adjacent neighborhood. Adjacent residential roofs are predominantly composition asphalt shingle material. Their use on all buildings will tie the development together so that roofing materials are of consistent appearance throughout the self storage portion of the site . The roofing material change is a positive aesthetic consideration with no change to the roof style and does not negatively impact the development or surrounding property. 2 . Fencing: An amendment to the fence requirements . Specifically, the double sided, wood, 8 foot high fence on the property line from East Belleview Avenue to East Centennial Avenue would be replaced with a single sided , wood, 6 foot high fence. As conditioned by City Council, •a double sided, wood, 8 foot high fence shall be erected along the property line on east side of the development from Belleview to Centennial.• Upon physical inspection and additional analysis, the following impacts are noted: A. Easement: The utility easement dictates that structures not be placed within the easement. B . Construction: A double sided fence requires space to physically construct the fence. This would require placing the fence at a distance far enough from the property line into the easement to finish the east side of the fence. It may be possible to construct panels and then erect fence sections, however, this would also require fence placement within the easement. C. Maintenance: Double sided fence construction does not allow for maintenance of the east side of the fence without entering private yards, removal of existing structures, residential fences and/or removal of existing landscaping . D . Landscaping: Double sided fence construction on the common property line is not possible without removal of existing residential fences and most of the existing mature landscaping along the property line. E. Aesthetics: One and one-half of the twelve adjacent properties would see the unfinished side of the single sided fence. F. Security: Placing the unfinished side of a fence to the Shopping Center jeopardizes adjacent residential property by providing a climbing opportunity for unwanted entry to adjacent residential properties. Additionally, an 8 toot high fence is higher than adjacent property fences and is not in keeping with the residential scale of the neighborhood. Residents attending the October 1996 and September 1997 neighborhood meetings supported a 6 foot high fence. Erecting a single sided, 6 foot high fence on the common property line from East Belleview Avenue to East Centennial Avenue would screen adjacent residential properties from the site, provide security, and offer a uniform appearance on the site . The single sided fence allows for construction requirements and maintenance needs, and will not disrupt or negatively impact existing residential landscaping, structures or fences. FINANCIAL IMPACT The proposed PUD modification will not financially impact the City. UST OF ATTACHMENTS Resolution Findings of Fact Staff Report Attachment A: Brookridge Shopping Center PUD •· • 0 , I - ORDINANCE NO . _ SERIF.5 OF 1997 • • - (, BY AUTHORITY A BILL FOR COUNCIL BILL NO. 97 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE APPROVING AND AMENDING THE PLANNED UNIT DEVELOPMENT FOR THE BROOKRIDGE SHOPPING CENTER TO ALLOW A CHANGE IN ROOFING MATERIALS FROM STANDING SEAM METAL TO DIMENSIONAL ASPHALT SHINGLES AND TO ALLOW CONSTRUCTION OF A SIX FOOT SINGLE-SIDED FENCE ON THE EASTERN PERIMETER OF THE SHOPPING CENTER. WHEREAS, the Eqlewood City Council approved the Brookridp Shopping Center's Planned Unit Development with the puaage of Ordinance No. 3, Series of 1996/1997; and WHEREAS, J. Michael Spriggs ofBrookridge Shopping Center, Inc. filed an application for an amendment to the 1996/1997 Planned Unit Development; and WHEREAS, the proposed amendment would allow a change in roofing materials from standing seam metal to dimensional asphalt abinsles and chanp the fence from an eight foot (8') double-aided fence to a six foot (6') single-aided fence on the eaatem perimeter of the Brookridp Shopping Center; and WHEREAS, punuant to E.M.C . 16-4-15(7)(2), major modificatiom to a P .U.D . District Plan must be approved punuant to the same limitaticma and requirementa by which such Plan wu oriainally approved; and WHEREAS, these requiremmta include a review and approval by the City Staff and the Planning and Zoniq Commiuion; and WHEREAS, the En,lewood Planning and Zoniq Commiaion held a Public Hearing on December l, 1997, reviewed the Amendmmt of the Plumed Unit Development and recommended: 1. The Amendment of the Planned Unit Development for the Brookridp Shopping Center, to allow a chanp in rooftnc materiala from ltanding seam metal to dimemional asphalt abinsl•, and to allow conatruction of a m foot lingle-aided fence on the eutem perimet.er' of the Shopping Center be approved . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tigp 1. The En,lewood City Council bu reviewed the emmdmenta to the P .U.D. of the Brookridp Sboppin, Center and pursuant to 16-4-15(1)(2) E.M.C. ftnda that the P .U .D. lite plan ia in conformance with the diatrict plan nquiremata. Sac;tipp 2. The En,lewood City Council flnda that all requind cloc:ummta, drawinp, referrala, recommendationa and apprOYala haYe been ..-iffd. -1- "' -. ' •, .. -.,· • • 0 I ]- - • • ;~ ,.. • C. ' ~ • . , .. T 5@c;t:igp 3. The ED(lewood City Council fiDda that tbe P.U.D. nte plan ia comiatent with adoptecl and pnerally accepted lltaDdarda or development within the City. 5tc;ticm. The P.U.D. nte plaD ia IUbetentially c:auiatmlt with the pala, objec:tivea and polici• UJAJ/ar any at.Mr aritm-, law or requirement or the City. 5tc;ticm 5. The City Council at the at, at ......... Colorado bllreby approvN tbe Amendment to the Planlled Unit Dnelopmmt far the Broakridp Sbappmc Center. 5tc;ticm 8. The Amendment will allow a c:bap in roobt materiala from ataDdin, INlll metal to dimenlim•I -,halt ....,... end to allow a chaap tr.a an eipt foot (8') double aimd to a U filot (8') msfs llillsri f'ew CID tho wtisl'll psrim8tl3r or the Broolaidp Sboppin, Center. Introduced, read in ftJll, end p8INcl CID ftnt readiq CID the 3rd day orNo,anber, 1987. Pabliabed u • Bill for Ul OrdiDaDce CID the 7th cloy atNOYelllber, 1997. "nlomu J. Buru, lla,or ATTEST: Low:riabia A. SW., City Clark I. Loacriabia A. a.. Qty Clsdt al the Qty al ......... Collndo, banbJ cat:ify that the abaft ad ...... ia • tna.., al. Bill far Ul <>nlillaam, iDtrodDaed. read in ftJll, ad JI--'• tint N811i1Ds • the 3rd day atNonmbw, 1917 . -2- ' . • I • . .. • • 0 -• ,. ·, • <. CITY OF ENGLEWOOD PLANNING AND ZONING COMM&ION IN THE MATl'ER OF CASE fflJD-97-01 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO AN AMENDMENT OF THE BROOK- RIDGE SHOPPING CENTER INC. PLANNED UNIT DEVELOPMENT ) ) ) ) ) ) ) ) INITIATED BY: J. MICHAEL SPRIGGS ) BROODIDGE SHOPPING CENTER, INC. ) MIO EAST PRENTICE A VENUE 11140 ) ENGLEWOOD, CO 80111 ) ~OFFACTAND CONCLllSIONS OF THE cr1'Y PLANNING AND ZONING COMM&ION Commission Members Present: Homer, Styes, Tobin, Weber, Welker, Coale, Douglas, Dummer, Garrett Commission Members Absent: None This matter was beard before the City Planning and Zoning Commission on October 7, 1997, in the City Council Chambers of the Englewood City Hall. Testimony wu received from suff, from the applicanl, and from the audience. The Commis- sion received notice of Public Hearing, Certification of Posuna, and the Staff Report, which were incorporated into and made a put of the record of the Public Hearing. After considering the swanems of the wimesses, and reviewins the pertinent documenls, the members of the City Planning and ZoniDa Commiuion llllde the followina Findinp and Con- clusions. FINDINGS or FACT I . TBA T the matter WU brought before the Commiuion upon applicltion filed by J. Mi- chael Spriggs, of Broolcridge Shopping Cemer, Inc . 2 . 3 . TBA T notice of Public Hearing WU published in the f.oslcwgpd Bmld OD Sepcember 25, 1997 . TBA T the property wu pol(ed by the appUcam for a minillM of 15 days, wldcb polUDI included the dare. time, localion, 111d purpme of die Pllblic lfearins. 1 ,. - ·. •. ' .. \ • • 0 I ]- • • I • • ' '· 4 . THAT staff praenred 11:Stimony regarding the proposed amendment to the Brookridgc Shopping Ccotcr Pwmcd Unit Development. The request is to allow a change of roofing materials from standing seam metal to dimensional asphalt shingles, and to modify fencing requirements along the eastern boundary of the site to allow coastruc- tion of a single-sided six-foot privacy fence rather than the double-sided eight foot fence required by City Council iD 1996 . 5. TBA T J. Michael Spriggs, applicant, presented 11:Stimony regarding the proposed change of roofing malaial, noting the dimensional asphalt shingles will provide a cohe- sive appearance for the shopping center. and would more closely resemble roofing ma- terials used iD adjacent residential areas . 6 . THAT applicant Spriggs also prcsemed restimony regarding fencing on the eastern pe- rimeter of the parking lot, City Council having required an eipl foot, double-sided fence along the entire eastern boundary length. Applicant Sprigs cestified to the diffi- culty of complying with the double-sided construction, and to the fact that the eight foot height is not compatible with the adjacent residential development to the east. 7 . THAT Ms. Babette Sangster, 5200 South Grant Street, testified iD support of both modifications requested by Mr. Spriggs . 8. THAT Commissioner Homer expressed the opinion that the •finished" side of the fence should be faced to the east so that adjacent rcsidenrs will not face into the "unfinished" fence iD their rear yards. A motion to stipulare placement of the finished side of the fence to face the residential development failed. CONCLUSIONS 1. TBA T proper notice of the Public Hearing wu given by posting of the property and publication of the Notice of Public Hearing iD the Epgpood Bmld on September 25, 1997. 2 . THAT J . Michael Spriggs's request for modification of the Brookridge Shopping Cen- ter Planned Unit Development is reasonable and will COlllribute to the overall compati- bility of the Shopping Cenrer wilh the adjacent rcsidemial development. THEREFORE, it is the decision of the City Plannina and Zoaina Commiuion that the pro- pelled modification of the Broolaidge Sboppq Celller Plumed Unit Developuent, ID allow a cbaqe iD rooftna materials from SWldiDI mm mecal to dlmenioaal upba1t lbqla, and ID 2 ,. - • • • 0 r ,,,,, I - - • • -. • • • allow COIIStnJction of a six foot single-sided fence on the eastern ~ of the Shopping Cemer, sbouJd be recommended to the City Council for favorable consideration. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 7, 1997, by Mr. Garrett, seconded by Ma. Tobin, which motion stares: Garrett moved: Tobin seconded: The Planning Commission recommend to City Council approval of the proposed modifications to the BrootJidae Sboppq Center Planned Unit Development to allow dunemional asphalt smn,Ies in lieu of the standing seam metal roofioa, and to permit a six foot singJe-side fence on the eastern property line of the Cemer in lieu of an eight foot double-sided fence. AYES: NAYS: Welter, Cottle, Dummer, Garrett, Horner, Styes, Tobin, Weber, Doups None ABSTAIN: None ABSENT: None The motion carried. These Findings and Conclusions are effective u of the meedoc on October 7, 1997. BY ORDER OF THE Cfl'Y PLANNING ti 7.0N1NG COMMISmON Billy Doualas, Jr., Chairman 11; 4.._ rE C C .......,....,_.. 3 ---~ ' •. • • 0 ; l ,,..,.. . I - • • • • t~ • ' TO: Planning and Zoning Commission THRU: FROM: Robert Simpson. Director of Neighborhood and Business Development Tricia Langon. Neighborhood and Environmental Technician DATE: October 7, 1997 SUBJECT: Cue PUD-97-01 -Public Hearing. Brook:ridge Shopping Center Planned Unit Development Major Modification South Broadway and East Belleview Avenue APPLICANT: J. Michael Spriggs Brookridge Shopping Center, Inc. 8400 East Prentice A venue, Suite 1140 Englewood. CO 80111 PROPERTY OWNER; J. Michael Spriggs Brook:ridge Shopping Center, Inc . 8400 East Prentice A venue, Suite 1140 Englewood. CO 80111 REQUEST: The applicant has submitted a Modification of Planned Unit Development for the Broolaidac Shopping Center PUD . The request considers two •menclrnents: I. An amendment to change roofing materials. Specifically, the amendment would replace standing scam metal roofing material with dimensional upbalt shingles on the roofs of buildings I, 2 and 8 along East Centennial Avenue, and replace upbalt shingles on all other buildinp (buildings 3-7, 9-14) with dimensional asphalt sbinglcs. (Sec Attachment A) 2. An amendment to the fence requirements : Specifically, the double sidcd, wood, 8 foot hi&h fence on the property line from East Belleview Avenue to East Centennial Avenue would be replaced with a single sided, wood, 6 foot hi&h fence . RECOMMENDATION; The Department of Neighborhood and Business Development recommends that the Plannina and Zoning Commission approve the propoted amendments to roofina materials and fenc:ina conditions for the Brookridae Sboppina Center Planned Unit Development. ,,_ - ... • • 0 I • • t~ • .. • LOCATION OF PROPERTY: The subject property contains approximately 7.9 acres and is located at the southeast comer of South Broadway and East Belleview A venue. BACKGROUND The subject propeny is located in the area bounded by South Broadway on the west, East Centennial Avenue on the south. the Englewood City limit on the east, and East Belleview Avenue on the north. The surrounding area in Englewood is zoned 8-2, Business District. The adjacent area in unincorporated Arapahoe County to the east is zoned single-family residential. The subject property was annexed into the City of Englewood by Ordinance 13, Series of 1964 and was zoned 8-2, Business District. The subject propeny is part of the Broolaidge Heights Subdivision. The subject propeny was remned Planned Unit Development by Ordinance 3, Series of 1997. The site is currently developed with a 59,175 square foot shopping center and office complex with mini-storage under construction. 1be Planned Unit Development Ordinance allows for amendments as follows: F. AMENDMENT 1be terms, conditions, and the adopted Planned Unit Development District Plan and documents may be changed and or amended in whole or in part from time to time as provided in this section. ANALYSIS; J. Minor modifications to the PUD District Plan. T1w Clly Managw or his rksignee may approw lllinor wtadijicattons in tlw location, sizing and lwigl,t of strut:turu or facilities if requind by mginffring or odwr circullutant:a not /orueen at tlw limi tlw Planned Unil Dnelop,,wrrt Distrit:t Plan wm approwd so long as no rnodijication violatu any nandard or nplatio,r set forth in this section. 2. Major wtadlficatioru to the PUD District Plan. Major IIIOdljicatlo,r may be WIOde to tlw approved Planned Unit Dnelop,,wnt District Plan pursuant to tlw same limitations and requirements by which n,ch plans and OOCIIIMnts wre approved as providld within this section. Roofing M•Jsiab: 1be PUD specified that all buildinp adjacent to the residenlial neipborbood and all interior site buildings have asphalt sbinale roofs. The PUD ful1ber specified that buildings l, 2 and 8 on East Centennial A venue have SlaDdina seam metal roofs. Dimensional asphalt shin&les conform with and preserve the residential scale of the adjacent neiahborbood. Residents ancndin& the neipborhood meelina in October, 1996, supported me of roofina malerial which would complement the adjacent neipbomood. Adjacent residenlial roofs are predominantly composition asphalt sbinale material. Dimensional sbinales are ID uppade . ' .. • • 0 , ]- • • • • ,~ . • . from composition shingles. Their use on all buildings will tic the development together so that roofing materials are of consistent appearance throughout the self storage portion of the site. The roofing material change is a positive aesthetic consideration with no change to the roof style and docs not negatively impact the development or surrounding property . .faiu: As conditioned by City Council, "a double sided, wood, 8 foot high fence shall be erected along the property line on cast side of the development from Belleview to Centennial." Staff believes that City Council's intent was to provide noise abatement, improve aesthetic appcarancc, and increase security for adjacent residential properties. Upon physical inspection and additional analysis, this condition would place a double sided fence along the common property line against existing private residential fences and mature landscaping . Imposing this condition would have the following impacts: l. Easement: The utility casement dictates that structures not be placed within the casement. This makes it necessary to build the fence on the common property line. 2. Construction: A double sided fence requires space to physically construct the fence. This would require placing the fence at a distance far enough from the property line into the casement to finish the cast side of the fence. It may be possible to construct panels and then erect fence section, however, this would also require fence placement in the casement 3. Maintenance: Double sided fence construction docs not allow for maintenance of the cast side of the fence without cnterina private yards, removal of existing sttuctures, residential fences and/or removal of existing landscaping. 4. Landscaping: Double sided fence COIISIIUCtion on the common property line is not possible without removal of existing residential fences and most of the existing mature landscaping along the property line. Additionally, an 8 foot high fence is higher than adjacent property fences and is not in keeping with the residential scale of the neighborhood. Residents who attended the October 1996 ncipborbood mcctin& or who wrote to Plannin& and Zoning Commission suggested a 6 foot hi&h fence . Erecting a single sided. 6 foot high fence on the common property line from East Belleview Avenue to East Centennial Avenue would screen adjacent residential properties from the site and provide a uniform appearance on the site . The single sided fence allows for construction requirements and maintenance needs , and will not disrupt or negatively impact existing residential landscaping, structures or fences . 3 "'~ .. • • 0 , ,. I - - • ,... • • CURRENT ZONE DISTRICT; Plmned Unit Development NQGHBORHQOD MEUJNG SUMMARY; On Sepcanber 30, 1997, one resident anendecl the Brookrid&e PUD Arnendmeot Neiabborbood Medin&-This meeting was held in the Enslewood City Hall Community Room. The major areas of dilCUliioD were: - 1. Roofing mataials: Dimensional asphalt sbiDgles compliment the adjacent residential area. 2. Fencing aloaa east property line: An 8 foot fence aeemecl out of scale with the neipborbood. A 6 foot fence is cbaracteristic of the neigbborbood and will provide adequale a:urity. AJTACHMENT; Attachment A: Brookridge Sboppiaa Cemr 4 -------- "~ . . • . • • • 0 '--~. I ]- • • • • 0 I• • crrv OF ENGLEWOOD omcE OF NEJGlmORROOD AND BUSINESS DEVELOPMINI' 3400 Soalh l!lall Slnll £nsltwood, co •no 762-Jl4VFAX 7'Z-W9 w-.d.11111.-.ca.as LAND DEVELOPMENT APPLICATION FORM BROOKIIIDCE SHOPPING C!IITEII / Southeast Corner or Soyth Btoad.YIY llnd kit Rell exi ex Axe ___ ...;B-;..;;2;._ ___ .Acrai..L.2...M:..1!&111 ... u., __ "'RcliJt .. ,,.1,.1,.10..,c .. c ... , ... s ... , ___ _ Lepl Deocrlpllaa: Se"e_P_U"'D'"""p_.l ... 11n .... s ........ o ... n ...... fi ... l .... e ...... _______________ _ (lllldl ....... net lf-r) Appllcallon Type: Raaalaa:rram -·-----------~ Modlflcadon or Pllllllld Uni1 Developmenl:LJAdmlnillrame ~ Ponnal District Piao Na-: PUD-96-01 · Subdlvillon:I_I Prellminlry Map I_I Final PIii V1c1don ar:I_J I!...-l_l Rl&hl-or-way Condldoall U• l'llrmil ror _________________ _ Oilier ______________________ _ APPUCANI' INFORMATION N._, J. Michael Spriggp Pinn : Brookridge ShOPPiDI Center Inr- Addrea: 6Loo E. Prentice Avenue 1111io Eoclcwod co ea,,, Phane/Pu/E-Mall: (303) 843-9911 (JOJ) 843:9666 C11 Ardllltct / Plualna C-11ut laformalloR C-...._ N-: Jim Weber Pina: Concepta W;:e""a"t....;c.=;..;;.=;.;..--------------------- Addrea:202 C Cbe enne Mtn Blvd. I Pllaal/Pa Nlallor/B-eall_-'-'7-1'""9_.5 ... 7""--'-1"'5.._ _ _....-='-"-'""'--=-..... ..:.::'---------- ......... .c ....... 1111 ...... c.. ......... _______________________ _ Pina: 11 av !ns1 neer1 nc Car, Mllnll:2811' Igtsmet1nnel C1rcle Coloredo 5pr4 np co eosno .....,,u/l-flllll: (119) 630-13'62 (719) 630-0ko6 tex nOPDTY OWNlll lNFORMATION: LIii Llpl-lOll-of an.,._.,._... ____ _ -·----·-·-·-·--·-·-"'....,"'-··· ..... ,...._.,._..... ___ ., __ ~· N-: -------------"'-'-------------Pina: _____________________________ _ Addna : -·----------------------------- c~ N-arc~ Brookridc• Shoppinc center. Inc . Addna/Clty/Sllle/Zlp : 8boo E. Prentice Avenue, Suite 11Lo. !ndfVOOd CO 8o111 SC... al 11aai.ra11on: _....;.co~l;;;;o;.;rc;;lld=o--..,,...--------------------Nlfllll o(Offlcen/hnnln J, Misbtel $p[fMI ,,....iPr:.anow1dOI ________ _ (Plato lndlcale .... Tide Tide wlU bl 1lplna..,., •a--IF-,r) CD'IVICAT'IONI ,.....,_..., .......... .,,., ........ 111111.11 .......................... ...... ______ ,,, __ .... ______ ,,._ ___ _ ...,.__..... .... _ -..-... ..-... a,.,,.,...__ • ......, ..... ....... ......, ... -. .,, .. _ ,oa o,nca la ONI.Y C.. ..,._, ___ ,-.. -., .. ,,, ..... ,. ~ • . - • • • 0 ' 2 I - - • • «~ • <. . BROOKRIDGE SHOPPING CENTER, INC • ... !Mt Pnadce A.-, Salee ua,,.........., CO Nlll • (313) I0-"11 • FAX (JU) I0-"'6 Sephmber I, 1997 Mr. Harold Stitt City ofEnalewoocl Neipborbood and Bulineu Developmcat 3«>0 S. Ellli Street Eaafewood. CO IOI 10 Ile: Broobidge Shopping Center PUD96-01 Dear Mr. Stitt: Endolod, along with a c:heclt for SIS0.00, ii the Land Developmeat Application Form to request a Modification of a Planned Unit De\'elopment It the Formal Level. The c:umat plan calls for abeet lllltal roofiaa on the two b11iklinp hatina aloaa Centennial Avemae and fbr l'fllidential compomoa lhinglel on die ,...;,tins nine buildinp. We are wkina to ...,.de reaide!•ial compt'IICD ....... for the abeet metal roofing approved &,r the two buwtiDp alaaa c-,,,.,.;,.i A,,.._ The compomoa lbinal• will coabm wilh die otber roo6 ia die clevelopmeal and will blend with the homes ia c ..... w Heipll whidl me compomoa 11una1a lroaically, the deYeloper ,......., metal roo6 ... Cearwmial The Deipborbood raideals ~ uplall ...... la &ct. die~ ........ mwy provided to the Plaanina and l.oaiaa Conniuioo OIi Oceaber I, 1996 lilla tine lllljor' area of di1CU1sion by the..,..;,. neiallbon-llall 12 __. "BuMins and roolna materials lhoukl compliment die adjacear ,......, ua .. "'~ • . .. .; • • 0 , • ,. ~ -,. • • .... • . ' ' . :, - The perti.-cloaalllll ...... bdlil app&atioa 119 lllo ---• Hows: 1. The applca• will clole Oil die property oa 5eF«a,tier IS, 1997. la lilu aftbe cumlltOWIIII' IUllpiHpll a .... , deed 11111 llasafllllluiwllkw. ...... .. ii die Onlerafs.,hrioe ....... todle ...... afdlepnlpllty. 2. Tm capilll afdlil llasaf ....... 3. A typed lilt af all plupertJ 011W1 willlia SOO felt afdle llalljec:t ,...-,. JMSltvm • • 0 f ~2xl ]- • • , • ~ • ' BllooKJUDGE SHOPPING CENTER, INC. .............. A-.s.Mlll41.I -, .... COMII • (111)'°"'11 • l'AX(lll)to""'6 SetJ4emberl7, 1997 Mr. Harold Slilt City of'Eapwood Neipbomood 111d BuPMII [)covelopment 3<400 Soudl Elati Streit Enpwood. co IOI 10 Re: Broolcridp Shopping Center PUD-96-01 Dear Harold : This letter ia to revile the applicllion submitted OD September 8, 1997 to modify the above ,eferenced PUD . In addition to the request for a c:blDp in the roo8aa materi11a, we would like to c:blDp the aunnl requirement of ID I-foot two-lided wood fence liooa the ellt property line of the shopping center to a sinp-lided 6-foot wood fence. If you haw any queltionl. plme teel he to caD. Sincerely, BROOICIUDGE SHOPPING CENTER. INC . #:=1Fr • ~- - r· II wwwrmww, ,..,.,..... SEP 19 997 . . , ' • . .. • • 0 ,_ I .. .,.... I i I I .. I I • \ C ... a: 0 '· ' C Q ', .. • C ' I w a: I-0 I ~ . z (.) ,:i w 0 0 ..... -.............. a 0 • .. _,. a: Ill C .., > CJ C, IU z .., Ill C•'11GW :) z 0 • -,.. Q. i C • Q. a .. C 0 > 0 C a: ::c • .. I! z tn > ... .. :) .., 0 i1 (I) . w C, i C Q Q rn IC -C a: > .. ! i ~ !t ~ 0 ; ~ 0 • .. ,. 'I 0 C ~ • J a: Q C 0 / m I \ ---- • • 0 -• • " • . \, COUNCIL COMMUNICATION Date Agendaltem Subject Mineral Park-N-Ride Right-of- December 1, 1997 10a i Way Agreement Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION "' - The Englewood Water and Sewer Board, at their November 18, 1997 meeting, recommended Council approval of the proposed Right-of-Way Agreement wllh RTD for the Mneral Avenue Park-N-Ride. BACKGROUND, ANALYSIS, AND ALffRNA11VD IDENTl'll!D The propoeed Right cA-Way Agreement would allow RTD lo endoN the City Dilch In 208 linear feet of 6J1' RCP .,,ct MCloN 692 linear feet cA 54• RCP for the RTD Pn-N-Rlde located at Mineral Avenue and S . Santa Fe Dr. PNc:MI IN mm.:-IOIN wa be conlllructld for dNnout purpoeea. In piping the City Dlch at ha localian, It..._ RTD lo ... t,e 1111 men tfflcielllly for adllliollal pa,tdng. The pipe i.CI l1tia,, ia for a w:tion cA the City Dlch loclllad notlh cA ....... .,,ct wt cA Santa Fe Or. The Ucaw ....... --tul and .ct lilbllly tor.., and .......... d ..y nature lo P9'9Clfl or ... .-.. caad 11¥ t,e pme or...,...._. t,e Licerw ,perbfM-, .-in coi111edion .., t,e oow,g poMad a,, t,e Umrw. The City rww t,e rtghl lo make Ml ... d the property N«:1111 ytn ..... allu,.,:At,eClty. TheClty ....... alrighlslo ....... mall .................... . remowie or 1111a c!IIIN etfll ol 11 ---localCi ...... Cly's righl-d-way . .... ICML .. M:T None . UIT Of ATTACl~...,ffS,. Ordinance Right-of-Way Agreement bettuaan the City cA Engleuuood and RTD Mineral Park-N-Ride Plan & Profile . . ' . • . . ... . .. • • 0 ]- - • • ,. • ff ORDINANCE NO. _ SERIES OF 1997 • . . BY AUTHORITY ABILLl'Oll ... /Oa.., COUNCIL BILL NO. IOI IMnODUCBD BY COUNCIL VBNBD _____ _ AN ORDINANCE APPROVING A UCENSE AGUEVENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) TO ENCLOSE CITY DITCH AT THE IIINBRAL AVENUE PARK-N-RIDE WEST OF SANTA FE DRIVE. WHEREAS, Englewood Water and Sewer Board ~eel Cormcil appl'ffal of the propoeed right-of-way acr-ent with RTD ta allow RTD ta encloae the City Ditch in 208 linear feet of 80" RCP and eadme 882 linear feet in 54• RCP for that portion of the City Ditch locat.ed north ofllineral Ave. and weat of Santa Fe Drive; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ect;im 1. Tbe attacbecl LiclaN Ap-eemmt betWWl the CitJ of En,lewood, Colorado, and Reponal Trauportat.ioD Diatrict for RTD'1 mcl-.n of a portion of CitJ Ditch at the llina'al Aft. Puk-N-Bide just nartb of lliDm'al Aft. and wen of Santa Fe Drive, attacbecl bereeo • "Emihit 1: ia ba-, _....,,... bJ the.,.__. City Council. Bes1im 2. Tbe Ma,-ii aatbariwl • --and die CitJ Clark to --and wl the LiclaN Alr-t far ad OD babalf ofdle City of ......... Colando. Introduced, rwl in full, wl ,_. .. Int r--, .. die lat clay of 0.-ber, 1997. Publiabed u a Bill for 11D Ordirm cm die 5th clay of 0.-ber 1997 . ATTEST: Tbomu J . Burm, Ila,- Loucriahia A. Ellia, City Clerk -1 - ____ ---..-...._ ,- ·- .. • • 0 '--~ I - - • ,... • .. · .. • <, I, Louc:riahia A. Ellis, City Clerk of the City of Eqlewood. Colorado, hereby certify that the above and forepiDc ia a true copy of a Bill for an Ordinance, introduced. read iD full. and puaed CID ftnt readiq Oil the ht clay of 0-U,ber, 1997. -2- . . " -' . ' .. • ' .. • • 0 l • - • • • • • LICENSE AGREEMENT ~ M THIS LICENSE AGREEMENT, made tbia t 9'-day ofO'hvb 1997, betwem CITY OF ENGLEWOOD , a mUDicipal c:orporatioll of the State of Colorado, herein referred t..o aa "City", and THE REGIONAL TRANSPORTATION DISTRICT (RTD), a political subdivision of the State of Colomdo, beniD referred to u "Licemee". WHEREAS, the City of Enpwood and the Regional Transportation Diatric:t agree to enclose the City Ditch north of :\tineral Avenue under the following terms and conditiona: WITNESS ETH: 1. The City, without any warranty of its title or interest whatsoever, hereby authorizes Licemee, its .succeuon or auipa, to enclose the City Ditch in approximately 208 linear feet of 60-inch diameter reinforced conc:mte pipe (RCP) and 692 linear feet of S.-inch diameter RCP. Construction will include connection to the existing 60-inch City Ditch pipe north of Mineral Avenue, four manholes, and a riprap protected outfall to the aiatinc open c:lwmel, all u part of RTD's Line Seplent 2 Contract within the propoaed Mineral Park-n-Ride and shown on Attachment A. The work contemplated shall be done only durin( the periods from tbia date tbrouch March 31, 1998 and from Ncmllllber l, 1998 tbrouch March 31, 1999 and shall be completed prior to the resumpt:iaa of water flows in City Ditch on April 1, 1999. In no 8991lt shall the conatruc:tion impede the working of the City Ditch durin( flaw sa10D, April 1, 1998 through October 31, 1998. The City niquinl a continual water flow of 40 dia durin( tbia period. 2. Any construction contemplated or pedimaed under tbia LiceaM aball comply with and con.form to staDdarda farmuJa&ad by the Dinctar al Utilitia al the City ad such conatruction shall be performad ad cmplecad ~ to the plam, caaaiaaD( al one sheet, a copy alwbidl ia -.:bad Ml'IIIO ad made a put ba..: 3. LiamNe shall nocify the City'1 Dinctar al Ut:ilitia ac 1N1t tbrN (3) da,a priar to the time of commeacemmt al tha c:macructim rs. or 1111y rapairw to, I..K:mw'a mdomn of the City Ditch ao that the City may, in ita diacntiaD, mapecc aacb apanaaaa . 4. By April l, 1999 c:omtz'uctiaD al uid City Ditch wloaaae lball be caaplehd by the Licemee, who shall clear the cnmiDc area al all camcracciaD dabrn ad IWCGl'8 tbe area to its previous c:oaditiaD • wrly u may be reeeaaahle. 5. The City shall have tha ripe to mainniD imtall, l:'9pllir, -or ralocaCa tha City Ditch and ita ~ witmD the City Ditch ript-of-way, • lbolrll Oil Attachment B, at any time ad in IUCb -• the City._ 111a•1 -- convenient. The City~ die aduaiYe ripe to camrol all •• ca ad inatallaciona aaou, °"", or uader die City Ditch. 'l'be putia admowladp dlat tbia Lic:em:e ia to eff'ectuate the proriaiaa al NrTiw ~ 111d b drial to the public. The partiea will malra wery a6'art to a5acE Npain. ee e-a x , or modification of tha property al U--or Licaiw witbaat .._ the jWoviaiw al E X H I B I T l ... • . ' • . • 0 ]- • ,. • I • • ' .. services to the public. Any disruption or halt of services provided by Licensor or Licensee shall occur only in the l!Yl!llt of an emergency comtituting a threat to public health and safety. 6. The stipulation and conditions of this Licenae shall be incorporated into contract specificationa if the construction herein authorized ia to be done on a contract buia. 7. The riptll and privileges granted in this License shall be subject to prior acr-enta, licaDaN and/or cranta, recorded or unnc:orded, and it shall be the Licemee's sole responsibility to determine the matence of said documentll or contlicting uaa or inatallations. 8. The LicemN shall contact and fully cooperate with the City's personnel and the comtrw:tion shall be completed without interference with any lawful, usual or ordinary flow of water throuch the City Ditch. Licemee shall assume all rialra incident to the pouible ~ of such watms, or of storm waten, or of smface waters in the City Ditch. 9. All trencbes or boles within the City's right.-of'-way shall be bacldilled and tamped to the original ground line in layers not to uceed six (6) iDcbes looae measure to a compaction of ninety per cent(~) Standard Proctor Mui.mum Density. 10. Licensee, by acceptance of this liceme, expressly auumes full and strict liability for any and all damaps of tJVerY nature to penon or property cauaed by water from the ditch leall:iD( throqb the ditch baDb or pipeline ac the point or points where the Licemee performs any work in CODD«tioD with the c:roNiq providad by this liceme. The LicemN UIUDlN all 19pC1118ibility for maintenance of the installation, acept for the removal of sediment Uld debris tnmported by waten within the encloaure, or damap to the pipe interior cauaed by water-borne debria. 11. Subject to C.R.S. 24-10-101, et INICI· the Licemee lball indamnify and save harm1NII the City, ita officers and employees, apimt any Uld all claima, damapa, actiau or cauw of action and apenw to which it or th8y may be sabjected by-of said eadoainr of the City Ditch beiDr within, ecrou Uld Wider the pnmiw al the City or by reaam of any work done or omiuiaD made by I..iceuN, ita .,..ca or-.-,-. in caan.ectioD with the coutructioa, replammmt, main~ OI' repair al said inatallation. 12. It is ~y qreed that in cw oll..icmw'1 brwb ol aa7 oltbe witbill i*cadw, the City -y, at ita optilm, haft apem5c ~ tbaeol, or -for d....- resultiq from IUCh br9ach. 13 . The City shall haft the ript to meintlin, inetall, repair, -. or rebate the City Ditch and ita appurt.eDaDcee within the City Ditcb ri(bwf-waJ, abawD cm Attacbmct 8, at any time and in such lllalllMII' u the City deema n-,y or conYeDict. The City rel8J'T8I the udueive ri(bt to CGDcrol all -ta and inetallatuma °""• ecrou or wider City Ditch. -2- II - • . - ... • • 0 I I - - • • • (, ID p-antiq the abaft UltharisatiaD, tbe City --tbt fiabt to lDUII ftall UN al the property iDYOff911 • may be DBC8aU7 er canmimt iD tbt apant;iGD. al the watar worb plant wl .,._ mulllr the Cllldrol altbe City cm ·r,m with llTD'1 awunbip iD the proparty ad tbe CitJ'• iDtanllt iD tbe Qty Dltir:b. IN W1TNBSS WBBBBOP, t:bia iDrta -t bM bem _._ • altbe clay md ,-r tint ~writla. ATTEST: Tba 1llldlnipecl autbariad am-al 1'1111 ....... Tralpanatim Diatrict bu rad tbe lnpiDs LicmN ad ...... fir md iD blbalf al aid Bapmal Truapartatiml Dial:rict dw it will .... wl will abide bJ Ill tbe .... and cmdmm• tbanof. -3- . ' - .. • • 0 f __ I l • • ,) I r I 0 • :. ~ • • ' ~ 0 • • • • P~RCEL NO. SWUE-25 I ,WAL PSSCBJ PTION A port.ion o( a paircel o( land •• de•crlbed ln Book 4574 Page 11 and a portion of • parcel of land •• deecribed in Boqk 120 Page lS, aald legal deecl'lptlon contain• 0 .5195 acre•. aore o r leaa, aud la altuated in the aouthweat 1/4 of the aouthaaat 1/4 of Section 29 and the aouthaaat 1/4 of the aouthweat 1/4 of Section 21 and the northeaat J/t of the northwaat J/4 of aectlon ll , all within ToW1ahlp 5 South, Range 61 Neat of the Sixth Principal Kel'ldlan , City of 1,lttlaton, County of Arapahoe, State of Colorado, a contlnuoua legal deacriptlon , 25 feet In width , 12 .50 feet on each aide of the following cleacdbed cent.al" line, the aide lh••• of aald 25 foot legal deacrlptlon t ·o be ext.ended oc ahort.eued to .. at al a119le point.a, aleo to l>egln and terainate at point• on the bo~dal'y line ot aald paccal• of land , ••id legal daacription being acl'a partlculady deecl"lheJ •• fol Iowa : coaaenclng at the North 1/4 co..-ner of aaid aectlou Jl , froa which the northwaet corner of aaid aectlon ll bear• 8 11• 19' t1• W, • dlatance of 1 ,,1,.lJ feat, thence a s1• 01 ' t1• M, • dlatanc• of 491 .a, feet to• point on the aoutherly line of the ~reel of laud •• deacr-lbed in ••id look 110 Page 15, aald point aleo being on the northedy dght -of -way line of .... t Mineral Avenue •• deacribed ln Book 5191 Page 195, aald point alao being the true .aun or ••11•1•, l . Thence depairtlng •aid iaoutherly parcel llne, H ti• 10' 11• a, a diatance of 110 .1, feet; J . Thence N 1,• 41' 39• a, a dietanca of Jll .5S feet ; J . Thence N 45• 51' tJ• a, a dletanc• of 110 .50 (Ht; The a~v• deec..-lbed parcel co11taln• Jl ,IMS ...-r• fNt., O .S29S ace••· ao1r-• oc 1•••· tl>epJcted oa .. hJbJt A, attachedl au•• cw_.,_. -••nv• ara .,._ -the 11oet11 11-c11 tba IIOr-t •I• ol hctlon U, T-llip S 8outh, ••-H lleat ol tba Slatll Pd-ipal Meridla11 . lald liH 1• aonuaant.ed on the Nort.b 1/4 col'aeC" by • 2 -1/J• ~~~";~·~1~:.•:-.3• a!::~ :":,':''i~1 ~ .':'!'~":·~=·~ t~'{!;.:!:="" cap su, .. y Plat pr-red by lenc-rlt aun•J'"'· 1.11>. said -I• -r..-•ted by client and anr iirecocd tn(onMt.ion conta nlnt bearha,g dlcect.laaa ... l'otel:ed accordlR1IY · I hecaby cutify t.llat the pravl-ly daacrl-,_, daacripd--- prepal'ed unclec ay dll'eCt auperwlaion and c:heckl"9 . M direct.ed ltr tM -lOIIAl Tr•naportat.ton olatrlct , the aliquot. corner• and t.lae ... ,. or ..... , .. ...ad la thle deacrlpt.lon wel'• clerlvad hoa the uauecorded IIIPro•-t. Slal'••W' ,tata , dated OJ ·ll -11 , conatir-ucled and ceirt.lUed by .. nc1 ... ,k aucweyl .. Inc ., to t.M oenvac au4 alo Gl'ande ... alal'n aaUiroad a11d to ,1.. • .. ,onel Tcenapostat.lon olatrlct. aud to the Atchlao11, Topeka and a ant.a f'• aalll'oad . -··· ..... -...... i, .•. •oc ... ca -...air ol: .J . f'. aato • a.eoctat.•• ...... ._ .... 1.llllet-. CO . tolJO ATTACHMENT 9 P•9• l of 2 ..... .. I • • 0 , I ---~,,.~ • 0 ,. • •· • 0 , -• 0 •, • IJ J.F. SATO AHO ASSOCIATES ._... ........ . flrteted ............... . -ta . ..., •· • ......._ ce ••• • t•sl n•-•• EXHIBIT A NOTE : THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED ~D SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 0 J08. NO . KIZ9J J one. S11UC -Z!I OOIC : 1-21-11 9' -11U....- SCAll : ,· • .JIii'....__ CttCCM(O_ft__ SIUI J...__CW __l__ NOICS : - 100 200 SCALE IN FEET "' - JOO a .. ,. N. II stl/4, SWl/4 stC II '5S,IUW SWl/4, Kl/4 KC II ,u ..... I ~ i I ATTM:allllff 8 PaeJe 2 of 2 •. • • 0 ' ]- • " - • • '· - COUNCIL COIIIIUNICATION Data Agendallam Subiect Dept. Of the Treasury, ATF 1998-99 GREAT Grant December 1, 1997 10a ii Agreement lnlll•d By I Slaff Source Department of Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL AC110N Cooperative partnerships with outside agencies. Council previously approved the 1997-98 agreement with ATF for grant funding of the new Gang Resistance and Education Trail'*'g Program (G.R.E.A.T.). RECOMMENDED ACTION Approval of this bill for an ordinance in order to eXlend funding of the program into 1999. BACKGROUND, ANALYSIS, AND ALTERNA11YES IJENIFIED It was determined in 1996 lhat the G.R.E.A. T. program 1po11sored by the Bureau of Alcohol, Tobacco and Firurms would be an effective replacement for the .,.. grade DARE program then being taught in Englewood schools. A TF funding pnMded trllir*lg and suppliN in order to get the program started, but required the signing of a coopendi¥e agreemenl wlh the Depar1ment of the Treaau,y. There is no olher limilar program cunenlly awl He that providls boltl the conlent and funding this department desna. FINANCIAL alPACT The grant provides up to $10,000 for the option period utenclng horn Ju/t 1, 1998 lhrough June 30, 1999. UST OF AffACHIIENTS Proposed Bill for an Ordinance . . • . .. • • 0 -• . " • • DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL . TOBACCO ANO FIREARMS WASHINGTON . 0 C . 20226 Department of the Treasury Bureau of Alcohol, Tobacco and Firearms Acquisition Division, Room 3290 650 Massachusetts Avenue, NW Washington, DC 20226 Attn : State, City, County or Locality: October 29, 1997 Attached is the cooperative agreement for Fiscal Year 1998 . Please observe the following instructions : ., Have the authorized person to sign and date all four copies . ., Complete Standard Forms 424, 424A, 4248 and 3881. Instructions are provided . ., All copies of the cooperative agreement and standard forms must be returned to ATF at the address indicated above and to the attention of : Chartes J . Conrad , Cooperative Agreement Administrator. Failure to return all documents will create excessive delays in processing and cause extreme delays in obtaining reimbursements for supplies and salary under the agreement. Upon approval of your cooperative agreement, two original copies will be sent to the contact person for your program. · If you have any questions regarding this process or require additional assistance please contact Karen Galloway at (202) 927-7721 or me at (202) 927-8686 . Sincerely /} c:f~(,LJ . (~<t<-~1:f Charles J . Conrad Cooperative Agreement Administrator Attachment ,- - .. .,; • • 0 f ... ,.. .. I - December 1 , 1997 lnltlalad By • • • ' •, COUNCIL COMMUNICATION 108 ii Staff Source SllbleCt Dept. Of the Treasury, ATF 1998-99 GAEA T Grant Agreement Department of Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Cooperative partnerships with outside agencies. Council previously appl'OV8d the 1997-98 agreement with ATF for grant funding of the new Gang Resistance and Education Training Program (G.R.E.A.T.). RECOMMENDED ACTION Approval of this bill for an ordinance in order to extend funding of the program into 1999. BACKGROUND, ANALYSIS , AND ALTERNA11VES IDENTIFED It was detennined in 1996 that the G.R.E.A.T . program sponsored by the Bureau of Alcohol, Tobacco and Fireanns would be an effective replacement for the ..,.. grade DARE program than being taught in Englewood schools. A TF funding provided training and supplies in order to get the program started, but required the signing of a cooperative agreement with the Department of the Treasury. There is no other similar program cumintly available that provides bolh the content and funding this department desires. The grant provides up to $10,000 for the option period extending from July 1, 1998 through Jint 30, 1999. UST OF ATTACHIIENTS Proposed BiH for an Ordinance --·----- ,. - ' . . • .. 0 • • 0 I ORDINANCE NO . _ SERIES OF 1997 (. • • • BY AUTHORITY A BILL FOR • tD{)._ '' COUNCll. BILL NO. 108 INTRODUCED BY COUNCil. MENBRR _____ _ AN ORDINANCE AUTHORIZING AN EXTENSION FOR 1998-1999 OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM IN BOTH PUBUC AND PRIVATE SCHOOl.8 IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved the GREAT Grant Agreement by the pauage of Ordinance No. 63 on July 7, 1997; and WHEREAS, the DARE Program baa been sw:ceafully taught by Englewood Police personnel to 7th graders in both public and private Englewood schools for several years; and WHEREAS, given the continual c:oncem with the potential spread al gang- related problems in thia, area, it baa been recommended to the Englewood Schools administration that the DARE Program be supplanted with the G.R.E.A.T. Program at the 7th grade level; and WHEREAS, with the puup al this Ordinance there will eatabliah a lepl relationship between the Bureau of Alcobol, Tobacco and Firearms (ATF) and the City of Englewood for the implementation and cootinuing operation of the gang prevention taalt force known u Gana Beailltance Education And Trainin, (G.R.E.A. T.) Program in the City; and WHEREAS, the Superintendent of Eqlewood Sc:boola baa already aiped off on thia concept and implementation will bapefullJ besin durinc the 1997-1998 IICbool year; and WHEREAS, the Safety Services ~ coata formerly attributed to pnmdinc DARE at the 7th grade level will be directed toward the G.R.E.A. T. Program; and WHEREAS, the G.R.E.A. T . ,rant will COYIII' a portion of penonnel, training and material COllta with no matcbinc funda required to aecure the ,rant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ed;ign 1. The extemioo afthe in~tal .,.._.t for the period al July 1, 1998 throup June 30, 1989 i.t-the Unitad Stat. Depanaeat afthe Treuury, Bureau al Alcohol, Tobacco and Jl'irNrma and the City of Enpewood for the implementation and cootinuing operatim al the gang pnftlltiaD tuk farce known a, Gani Reaiatance Education and Trainin, (G.R.B.A.T.) Prop-am ill both public and private ICboola ill the City al BDpwood. Colando, a copy ol which ia -1- ... ., • • 0 ]- • • y • ... ·~ • ... I, " marked u "Emibit A" and attached hereto, ia hereby approved by Englewood City Council. Sgtigp 2. The City llanapr and City Clerk are hereby authorized to sign and au.t uid Enennon Apeement on behalf of the City of Englewood. Introduced, read in full, and puNd Oil ftnt readinc Oil the lat day of December, 1997. Publiabed u a Bill tar an OrdiDaMe on the 5th day of December, 1997. Thomu J . Buma, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of Enpwood, Colondo, MNlby certify that the aboYe and foreaoinc ia a true cap:, al a Bill tar an Ordinance, introduced, read in full, and puaed on fint rwlin, on the lat day of December, 1997 . -2- " -. , • . ' - • • 0 l .I - • • . ,~ • '· DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL . TOBACCO ANO FIREARMS WASHINGTON . 0 .C . ZOZZ6 City of Englewood, Colorado Cooperative Agreement No . 97288204 Modification One This modification is issued as follows: l. Change government representatives in paragraph 16 as follows: a. The Cooperative Agreement Officer is the Chief, Acquisition and Property Management Division located at 650 Massachusetts Avenue, NW, Room 3290, Washington, DC 20226, phone number (202) 927-8820. b. The Government Technical Representative is Pete Merenyi on (202) 565-4560. Mr. Merenyi is located at the G.R.E.A.T. Program Branch. 800 K Street, NW, Suite 750, Washington, DC 2000 l . ., Extend the term of the above cooperative agreement for the period July l , 1998 through June 30, 1999. The City of Englewood, Colorado has been allocated S l 0 ,000 to continue the G .R.E .A.T. program during this option period. Each request for reimbursement must include document conuot number 98429083 on all invoices for payment durin.g the term of this option period. -----·- -• X M I • I T A .. • • 0 1 .... -. I - - • • • ... ~ • <. Cooperative Agreement No. 97288204 City of Englewood, Colorado 3. Salary expenses (regular and overtime) shall not exceed 700/o of total amount allocated under this agreement. 4. All other cooperative agreement terms and conditions remain the same. LOCAL GOVERNMENTs signature A TF'S COOPERATIVE AGREEMENT OffiCER's signature Date Dare " - • ' - .. • • 0 # --I December 1, 1997 lrltlll1d By • • <' \, COUNCIL COMMUNICATION 10aiii llaffSolne SUbfect COPS MORE 96 Grant from the U.S. Department of Justice Department of Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COIN:I AC'1'10N Parlnerships with oublide agencies. Council has approved several similar grants awarded to the Police Division for the appropriation of pereonnel and equipment. RECOMIIENDED ACTION Approval of a bill for an ordinance accepting a COPS MORE 96 grant In the amount of $18,375.00 from the U.S. Dept. of Justice, Office of Community Oriented Policing Services. BACKGROUND, ANALYSIS, ANO AL'IBINATIVES IDENTIFIED Because of previous police oriented grants awarded to the City from the Dept. of Justice over the lut two years, we were offered the opportunity to apply for a COPS MORE 96 grant in the amount of $18,375. We have detennlned that this grant will be UNd for the pun:haN of sever, (7) portable laptop computers to be used by our Impact and Community Relatlol • offlcers for cornnu,ity policing operations. FINANCIAL .. ACT Estimated project cost ia approximatlly $24,500. Grant providN up to $18,375 of federal money, wilh the remainder ($6, 125) matched by Cly fundl. Award ii granlld for one YN'· UST OF AnACl•IINTS Proposed Bill for an Ordinance Grant award document . , .. • • 0 I - J - ORDINANCE NO. _ SERIES OF 1997 • • • . . BY AUTHORITY A BILL FOR .. r COUNCIL BILL NO. 108 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING '111B ACCEPI'ANCE OF COPS MORE 96 GRANT FROM THE UNlTBD STATBS DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES. WHEREAS, becauae oCprmoua patice orieDt.ed ,ranta awarded to tbe City from tbe Department o( Jutice Oftl' the ... two ,-n the Bnp,wood Safety Seffica Deputment waa offend the opportaDitJ to apply tor a COPS MORE 96 Grant; md WHEREAS, tbe u.s. Department oe Juace. oma or Community Orimltal Policinr Servicea bu awarded the Baalewood Safety Servicea Department tbe COPS MORE 96 Grant in the amount oCS18,375; NOW, THEREFORE, BE IT ORDAINED BY '111B CITY COUNCIL OF '111B CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tipp 1. The City Council oC tbe City of Eqiewoocl, Colorado hereby aatboriw the acceptance of the COPS MORE 98 Grant, a copy of which is marked u "Emibit A• and attached hereto. Sec;tipp 2 Tbe City Manqw md City Clerk an hereby autbariwl to lip and atteat uid Enenmn Acr-t CID blbalf of the City al Bnpewood. Introduced, read in full, md p-.i CID tint rwlins CID tbe lat day of December, 1997. Publiabed u a Bill far an Ordinmm CID the Mb day oC Decembar, 1997. ATTEST: Louc:riahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clark oC the City oC BDpwood, Colando, benby mrtifJ that the above and f'onpiDr is a tr. capy oC a Bill far an Ordinance, iatrodw:ed, read in full , and puwl CID tint rwliDc CID the lat day of'Decembar, 1997. -1- ---------- • I • . • 0 - - Comact Name: • • • <, COPS MORE 9' AWARD U.S. DEPARTMENT OF JUmCE OFFICE OF COMMUNTIY ORIENTED POUCING SERVICES ORI#: CONJII Mr. Chris Olsaa 3615 Soudl Elai SaN! Enpwood. CO IOI 10 v .... a1:1H111m Phone Number: (303)762-2435 Fa Number: (303)762-2491 Award "-C: Sll.J'TS.N ~o(I 1 JI ,at C>alws: L7 Eqllipm•tl'Ter\111117 Award: SlU,5.11 N__.lfp 1 JI yad<>mmn: L7 y,,_ Naa •TIMetC-.. 7/8/97 ,,,_ • X H I • I T A ., • • 0 -• • • COUNCIL COMMUNICATION December 1, 1997 10 a iv lnltlalad By SlaffSawce ,. Subfect 1997 LLEBG Bureau of Justice Block Grant Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Cooperative partnelllhips with outside agencies. Council has previously approved a 1996 LLEBG grant in the amount of $49,885. RECOIIIIENDED ACTION Approval of a bill for an ordinance authorizing the City Manager to accept the Bureau of Justice Assistance grant award in the amount of $47,284. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Police Division of the Department of Safety Services has received numerous Bureau of Justice grants over the last three years amounting to approJCimately $450,000. Theee grants have been used to increase the level of officers dlreclly irwoMd in community policing actlvilies • well • to purchase equipment supporting crime prevention activities. All grants require a local match of 10% or 25% of the total pro;ect cost. Thia grant wil be UNd to In an addllional officer, plus off-NI the cost of promoting an additional sergeant who wll be M1ig11ed • the Comnu,ity Policing Coordinator. FINANCIAL .. ACT The federal grant is for $47,284, wilh the remainder of the prqect cost (approximately $4800) matched with city funds. The grant period is for two ,...... UST OF ATTACta!NTS Proposed Bill tor an Ordinance Grant award document ---------. " - '' • .. • • 0 '--, I ORDINANCE NO . _ SERIES OF 1997 • • 1. BY AUTHORITY A BILL FOR COUNCll. BILL NO. 110 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. WHEREAS, the City of Englewood s.r.ty Senice I>epert:mmt applied for funding under the Local Law Enforcement Block Grants (LLEBG) Prop-am; and WHEREAS, the U.S. Departmmt of Juatice -Office Of Juatice Prc1irama -Bureau of Jwrtice Aaaiatanc:e bu awarded the En,lewood Safety Servic:ea Department the Local Law Enforcement Block Grant in the amount of $47,284; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjgp 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the Local Law Enforcement Block Grant, a copy of which ia marked u "Ezhibit A" and attached hereto. So!;ticm 2. The City 11anapr and City C1-lt are hereby authoriwl to sip and attest Aid ExtemiOD Acreement OD bebalf of the City of Eql8wood. Introduced, read in fWl, and paued Oil tint readinr OD the 1st day of December, 1997. Publiabecl u a Bill tor an OnliDance OD the 5th day of December, 1997. 'l'bomaa J. Burm, Mayor ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of.....,_, Colondo, hereby certify that the above and foretoiDI ia a tnl9 copy of a Bill for an Ordiaam., introduced, read in full, and paaed on tint readiq on the 1llt day ofO.-ber, 1997. -1- ,. - .. • • 0 , -• • ·, • Nov-24-97 Ol:l4P J1m Ulrich 303 762-2406 • !;.~. O[l'AATMtliTOF 11•:HJc::t OHi<. t OF Jlr.lTif'lo·: l'I.OOlt,\Mll OJI' I X OJA I , 0110, ""' I I '"' l_ . Ovt: UU..'Cl.:Al'l'Klll'II.IAl&a80X I . l'oal\.'ffV' NAMt; ANO ,'\DOV,, 1 l"'hlllilla Zip C°*I C;c,"'1•.__. ,_ _ l!la&a S~cct r.....-. n, 111110 AWARD l~l (iAA.._.I. l'ACif. I OF ~ I l C'OOl'!IIATIV.. Ail&Cl:MDIT 111111"7 I'll - m .,,,_ ' IA IHl.<UITl!l; ll!IIVl'NIIUM NO .I. l'IOJ[CT l'OIUIJ· tMCIM j ~'DCET Pf•au· ntOM 6. AWMll>1Mr£ 119'~7 ! 1 A("Tiiii ' 1 ZA SI '*illAN1Tii IIKIV~NIAM NO I J l'lltUl:(ilfTU I u,cal ,_ """"'"-* ...... k ,_ .....,_ • t'Y 1""7 IZ . Sl'!CIAI UJNOIT10f'5 I(-. ,t'_...,_, I r---- ! 9 . ,uvi()U1 AWAIIIU•llJNT IU. ~0,TIUS AW.UCU 1·11 TIITM.A•AaD •, lllillll [] 'io"G'l'IO~l -lllm I • I ntF ""'"'H,11.un i'IIOll:CT ,,. A->vED Sl'Dlt-CT m !111,-.. <.UNU1110NS oa LIMIT AT11111a1 As ...... w:T FO&'Tll Otil THI-A l"IM,.IE.) S l'A&.il'S 11. lo Ul\lTOIIY AUTIIUIUlY roa Oll,\ST I TITIF l(lt llll.O.USUS0-(1 .. llU)L,U,n•,.u~··ltlil)i\(lOf , .... ~ L:.s ." .1 101 ..... , . 'ittJ .. A) ..utOIOfn Till t .: llf mt JU\la«I F 11,"·,u. ·"'° DEi INC)U.:N:Y l'IU:YOn'ION i\C:T , .. IY7• -lllllo\:. lWI CT '>f.V.ASA-:"IOED YIC'TIM'i 111o I 'ltlll41. A4.'"1'fll' , .... 1: u., l:. lflliOI ET VQ 1'11111 K: IAW ._.7J. A1 /\Ml'Nllt'II I • . '''"*'• '"'""'r'' °'_..,, "..,..__ ""'.., '""' SF{'11NIJ YL.,~ 9'.1)1~ r pt.KIIJU: AYIA" I \of' f1AijD', 1111AOYC.\ll"li••111.t.1 l'CIUOD .\MOU!>ITllt ti .NU!, 14t.OIOl)O, l'A\"11•'111 n'PI! UI' fl llDS. I 1,. TII[ vii \11.ltt Wll l . lU:([IV[ ,-., .... v, .. , A 1.cT1Dllf('lt'l•r '• I -.\l.il'N("V \l'l'IUJ" \L llo. I Yl'l:I) :,i,\NII: "'-11 11111: l)f .\l'PllO"l'IIC; IIIP Uff1C1Al. '*C!' , ,11111. UIR\IUI' -"''-"··-- I lV .,&,"(111 11"11~,,:L,"""HI 41KIN\IJUL\ I •t'it· "' 111,-0 Ill II UIV Yt\lt r,·n M, I 1)1'( _r,, ""' ... -.. ~ "K"'"I T T 1T' iiu iii" -;i" ·Gl,\,-n-H .4l (ffl iu,ir"F II n...n -AMI ITU.E Of .\lll .. lKUEP\illl'N It•· 11ttl(L\L , .. )I Cay s..r. a.cy~ TI .U llt~(Ja/1'111~: ., P.04 : H I • I T A ... • • • • • • • • • .... COUNCIL COMMUNICATION Date Agendalbtm SubleCt Amendment of Trash, Junk and Salvage, Title 15, December 1, 1997 10 a V Chapter2 Initiated By Staff Source Tricia Langon, Staff Liaison Clean, Green and Proud Commission Clean, Green and Proud Commission COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This matter came before Council in 1991 when mandatory curbside trash collection and recycling were first considered. Council dlrectad the Clean, Green and Proud Commission to hold a public hearing concerning the trash collection issues. Clean, Green and Proud conducted the public hearing in March 1992, where residents voiced strong opposition to the curbside requirement. No further Council action occurred at that time. This matter was reintroduced in 1995 as Council Bill 15. C815 required households to subscribe to mandatory trash collection service and also required licensed trash haulers to provide bi-weekly recycling service. The bill c:id not proceed and Council requested that Englewood Clean, Green and Proud Commission continue to study the municipal solid waste issue and suggest alternatives to the current system of open compelltion. RECOMMENDED ACTION Clean, Green and Proud Commisaion supports the amendments as written and requests City Council approve amendments to TIiie 15, Chapter 2, Truh, Junk and Salvage, of the Englewood Municipal Code. BACKGROUND, ANALYSIS, AND Al.ffRNATIVD mNTIIIED Following Council's 1995 requat. the Municipal Solid w.-SubcommillN of the E11glet:1ood Clean, Green and Proud Commilllion continued to study the nu,icipal IOlld ...._ isale. The cunent study included dlecusaionl with .,.. traat, ha*1g comp1111iN, arlalylie of unudng l1'Uliciplll trash collection policies, and nwlew of the current ordlnancll. Addltioualy, the Subcommittee conducted a citizen survey in April, 1997, erllllled "Can We Tait Truhr. Over twelve hundred survey cards were retumed. The Municipal Solid Waste Subcommittee presented illl flndlnga to Council at a study session on August 11 , 1997, in a report enlllled "Municipal Solid Waste Report· July 199r. The report concluded: 1 . The current ordinance does not require subecription to trash hauling service; 2 . Some residents who do not aubacribe to trash hauling NNice illegaly dump trash in commercial durnpaa.ra; 3 . The accumulation of truh contributes to an unufe and unhNfthy community; 4. A two-to-one majority of residents favor weekly trash collectlon; 5 . Thirty-eight (38) percent of realdenta do not support trash collection by a single trash company . ,, • • 0 I - • ORDINANCE NO. _ SEBIES OF 1997 • • • <, BY AUTHORITY ABILLPO:a COUNCIL BILL NO . 99 IN'l'BODUCBD BY COUNCIL YJD«JlJIR _____ _ AN ORDINANCE AMENDING T1TLE 15, CBAPTD 2, BNT1TLBD T1lASH, JUNK AND SALVAGE, OF TBB ENGLEWOOD MUNICIPAL CODB 19815. WBDEAS, tbe lql.waod Clea. Orem ad Proud Commiwiaa WM ,na tbe mend-,. to smdy • propaael fir m•ndetnrr trub. c:ollect:iaD W"rica iD 199&; ad WHBBRAS, tbe CJwa. a-end Proud Ccnmiwm hM ...u.ct the -- m:ansmly wbidl ll&ady iDcluda a citizeD 1R1rf8J: end WHBBEAS, -lwein 11 ban, for DUlll8l'OUI ,-n, complained al ilJepl w al tbair clumpatan -c:ollect:iaD .... for tbe public, incrwinc baaliq c:oeta end litter problama Gil tblir ......... end WBDEAS, tneh rr-J'Nidentiel bamee ia DOt beinf prapll'ly lltand or !'8IDCmld; and WHBBBAS, tneh cdm ........._ iD tile .U.,. wba9 tile reeident:i•I bamee ill Eqlawaocl baft au., pick-ap; ..... WHBBEAS, .,,..,.....,.,... wl unmPected tneh iD -0.,. ia 1111t GDly m .,_.. but • bNltb and amitetim pralllla; - WBEBRAS, tbe Clam, Ona wl PNad Ce-· · '1" detim to Coanci1 ia that c-aci1 adapt • • IF m a f ct I a 11 ct I trMb aaDactim by a Ucmeed TBASB baaler, wl WHBBRAS. tbil re w d ct afdle a-, 0... ... ,_.. Ccweieian will pnllact the ....... ~ ........ af .. cili.-afdle Qlraf~ NOW, THDRPOIIR. BR IT OJUWMm BT TBB Cl'l'f COUNCIL OP TBB CITY OP BNGLRWOOD, COLOMDO, AS POLLOWB: Sr1Mr 1 n. atr Coaadl attbe atr ae-.., ....r. Ca1en1CD benby--,. 'ntle 15, Cbaplar 2, aftbe ....._. Nmricipel Coda 1111 wllida-O rad• followa : -1- r I .. • • 0 ]- - • ,. -. . . • •• • \. Baaed on survey comments, The Subcommittee determined that requiring mandatory subscription to trash COiiection in conjunction with City-wide hauling by a slr,gte contracted company waa not feasible at this time. In an effort to adc:Jrasa the immediate concems of accurnu1atec:1 trash and illegal dumping, the Subcommittee concluded mandatory aubecrfpao,, to WNkly trash COiiection WOUid: 1. Remove trash in a timely manner mlagaang trash accumulation; 2. Keep alleys dean; 3. Reduce litter; 4. Reduce ilegal trash dLmping in OOfflmen:ial CU11palwa; and 5. Give Code Enforcamem a means to addntas 8CCUnulalad trash. The MLnclpai Solid w-. Subcomi,._ belNMa the PRJpoaed .,.,.idl,•it char.gee wa PRJmoee a sate environment and a cleaner City. The prq)CINd Miendrnent changee wa: 1. dedant any 8CC1Mnu1atian of hit; lo be a nuiltance; 2. require WNldy l'WliOVal of net.; and 3. require owners or OCCl4*illl to 11-=rfbe to trash COiiection by a trash hauler liceneed to operam ..... the Clly of &-,ale :rood. FINMclAL. .. ACT The Pl'OPuWd Ordinance ..... idl ..... wtl not flnai.cialy Impact the City. ATTAClllll!Nrs PrtlpOaed bill for ordinance MLnclpai Sold w .... Aepoit -July 1897 . ' .. • • 0 - 11-1-1: TRASH: • 0 - TBASII. JUNK AND SALVAGE DD'INfflON& For the purpoees af this Chapter the following definitiou apply: DISCARDED MATERIALS INCLUDING, BUT NOT LIMITED TO HOUSEHOLD WASTES,P'URNITURE,CONSTRUCTION SUPPLIES AND MATERIALS, GARDEN, LAWN AND LANDSCAPING SUPPLIES AND WASTES, SCRAP WOOD, METAL, OR OTHER MATERIALS, CLOTHING AND BEDDING. THE TERMS WASTE AND TRASH ARE INTERCHANGEABLE FOR PURPOSES OF THIS ORDINANCE. TRASH HAULING: ANY PEBSON, PARTNEBSHIP, OR CORPORATION TRANSPORTING WASTE:: TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD. THE TERMS "WASTE" AND "TRASH" HAVE THE SAME MEANING AND ARE INTERCHANGEABLE FOR PUllPOSES OF THIS ORDINANCE. (SD ALSO TRASH) A. No per.-aball throw, place or depaait any trub CID any pablic atnat, in a pablic park or place, or in any pablic baildiq witbiD die City amp& in trub CODtamen. 8. No per.-aball throw, place or dapalit any trub in 11111 ftmntajp lab, bay, *-or odia' body alwatar witbiD the City DIii' CID any occapiad or~ propartJ wit:biD tbe City. C. No per.-aball a81z 11111 poatm', notice or lib clffice till aUnct pablic attmtlan till UlJ Ja,nppoet, public utility poat, trdlc caatrol --. tne, pablic m,:.c:tww or baiJdiar ampt u may be aadlariwl by law. D. BYWJ occnpent, 1-. or__. al• buinw Jll'Oll9ftJ ia reqaind till Ir-, tbe ---1k ..U-t till tbe praparty or tbe prapart:iana1 abaft al COIIUDllll sidewalk. walkway, ..U. or pukinr Jot 6w rr-trub, mpC u prcmded in 11111111 dm J.6.3-3B. E. No occapant. '-, or -al l'N1 praparty all 1wap into, or cllpaait iD, any p1:ta', --. .U., or pailtic plw tbe WIIIDu1aaiaD al pua dtppmp, ,-_,, bnDCbN or tnllt 6-llil or a baiWiaf, --.lk or driveway, mpe u prvridad in 11111111 d II J.6.2-3E. -2- •. .. • • 0 , I - 1 • 0 ,. - '· F . No driver or pauenpr of an automobile, motoreycle, bic:ycle, aircraft, or otbar vehicle shall throw, place or depom truh upon any real property or any public street or public area within the City. G. No penon shall drive any truck. trailer, small trailer, special mobile equipment or lib vehicle into or within the City UDl-. ita c:oateata are covered or loaded to prevent them from beiDr scattered. H. No penon shall drive any truck, trailer, small trailer, special mobile equipment or lib vehicle into or within tbe City 1111d iD ao daiJls scatter or track any mud, dirt, trash. oil or odMlr foreip maitar into a public l1rNt, alley or other public place. I. No penon shall throw or depaait truh within tbe trash cantainer of another penon without that penon's aprw • im,1i11i couent. A. No person shall store junk out-of-doon. B. No penon shall conduct or parmit aalvap or storap operaiioaa or facilitiee iD any reeidentially ZODed area. l1S0 3-3: PLACBIIIBNT AND BIDIOVAL 01' TllA8II: A . ANY ACCUMULATION OF T1lASB ON ANY PREMISES, IMPROVED OR UNUdPROVED, WITHIN THE CITY OF ENGLEWOOD IS PROHIBITED AND IS DECLARED TO BE A NUISANCE. Ir. B. Every occupant or owmr al na1 pnparty lball NIDOft, or caDN tba ~ al, all aceumulatuma al trMh flam -=b prapaty AND SHALL stJBSCIUBB TO A TllASH B.EKOV AL SDVICI Wffll A LICBNBBD TBASB BAULBJl, 1111d, pmdmc tba Wftl, lball plw tba -iD a nib ,lainw apt far tbat plll'llme. Y,-•-ali 11111 t D lie t b •a• ,t i:::s:a .. . , ............ •• .. -, •• IIF --....... ".,.., nitti tltil Qitf L D ......... .. nlh li1aall,._'*8N•lllllrealpai.,.tJ•••* _. ..... ... ....... lftrMlt,.....a,-iNlfN:a('R-,. ·"--I Oita, C. All panana lball .-. all tnab iD _... tnab cmlllimn iD -=ha lltAIIMr u to pt'ftat it t'rma Niltl carriad er--.. by utimala er tba elemmta ud to pr"ftmt tba aaiaaima al IIGlioaa ar a8tmift odan. D. All oc:a&paDla or owun al na1 pnparty lball Nt nib cw:bhcn back at 1-R five ra.t (5') t'rma tba aide pnparty liD& _. 1a11 .. ,t aitt. • ,pa.-• --••••-No,._ lltall lllln tnlb ad .......... iD die frallt :,ard f'or man than cw.ty-1,ar (2') baan priar tD a nb1daled collactioD or pick-up. -3- ..... "' - • . .. • • 0 ' -• 0 , . • E . All persona shall place traah containers within the public right-of-way only on regularly scheduled pick-up or collection days and in a mllllller which will not obstruct vehicular or,pedestrian tnd!lc and shall remove said traah containers from the public right-of-way not later than twenty-four (24) hours after the pick-up or collectimL F . No person shall enpp in the buain-of remlMD( or haulinf traah in the City without tint obtaininr a liceue tl:....efo. . .": ,e..i,, aelltHmfatalsle lie-• b lJ i,e iNaea e1 the 9il".,._ sf Pimm:ailll Set .oi-11Pe11t -.. ,-,.._. 11f &o.e iieillln ('5.98) per Miele. PURSUANT TO TITLE 5 OF TIDS CODE AND WITHOUT PROVIDING RECYCLING SERVICES AS SUCH SERVICES MAY BE REQUIBED BY THIS CODE. G . MANDATORY TRASH COLLECTION. ALL GARBAGE, TRASH, WASTE AND RUBBISH SHALL BE REMOVED FROM THE PROPERTY OP EACH OWNER OR OCCUPIER OF LAND WITHIN THE CITY OF ENGLEWOOD AT LEAST ONCE A WEEK. Se,;tigp 2. The City Council of the City of Englewood, Colorado hereby n,peala Title 6, Chapter 6, Section 2, and ameada Title 15, Chapter 2, with the addition of a new Section 4, entitled Antiacavenin( of the Englewood Municipal Code 19815 which shall read aa follows: ..._. .\HRSG.t.i.YJIINGING1 I• b lJ l,e .i.wtul feto _,. per-. 11._ lbaa • member sf a ge a emm•al peliee ... .,.. wiMill• Mill permi11i 1111 el._ -flf ree,elalsle material, te .._ •118" h'ele a ial w'eiell baa 'eeellt • Slit ar ate.ea re,. the aWBar far eaHeeBea 11, a l!IHa .... • ,-,11ie1 NPPiee, er•-•••_,. rae,elable maNrilll &-• -• · , -. 11ll11ti1a abi1l11 .,.. •• ~ reeep..i.e fer *9 www-I Pila, 19el4e; er lllle ahee,elalsle-s im; aaa a,a -ti .... .__ h JI lie ..;eau, Mill p lti ,._ ... ia ..,._ 1 , 19'._ ilatl1w1111a Mllllieipal G1m. 15-2-4: ANTISCA VENGING: IT SHALL BE UNLAWFUL FOR ANY PBBSON, OTBD TRAN A MEMBD OF A GOVERNMENTAL POIJCE AGBNCY, WITHOUT THI PDNJMION OF THE OWNER OF RECYCLABLE MATBBIAL, TO TAD BBCYCLABLB MATERIAL WHICH HAS BEBN SET OUT oa STOUD BY TBB OWND POR COLLECTION BY A COLLECTION oa RECYCLING SBRVICB; OR IUDIOVB ANY RECYCLABLE MATD.IAL FROII A CONTAINBR, BOX, COLLBCTION VEHICLE, DEPOT OR OTHER RECBPl'ACLB FOR THI ACCUMULATION, STORAGE, OR SALE OF RECYCLABLE MATDIAL. Sts;tigp a Safttx GIIPHI Tbe City Cowu:il. bareby bda, dMerminaa, and declarea that thia Ordinance ia promalpted -'-Iba pura1 police palNI' of Im City of Englewood, dlllt it ii promulpt.ed far Iba bNltb, ..c.ty, and welfare aC Im public, and dlllt thia Ordinance ia _,,. fir Iba ~ of -1th ud safety and for die protec:aaa aC public COD'ffllilDce aad welfare . The. City Council further detarmiD• dlllt Iba OrdiDanca bean a rai:ional ralaticm ti, Iba proper lecwative object IC>Ulht to be obtaimd. -4- "' - ...... . 'lrr~ • .. •· • 0 I - • • • • . • ' Se;dcm 4.. SeunlbiJity If any dame, emtmce, puqraph, or part of dm OrdiDace er tbe applicatiaD tberea{ ID any p!ll'9Clll er c:imuutallcee aball for any reucm i. adjadpd by a c:oart of caaapetmt juriadic:tioD invalid, aach judlJllent aball uat dilct impair er iJffalidaie Iba remainder at dlia Ordhwu:e er ita applicat:iaD t.o atbar panana or ~- Sedim 5 Iramntetrrt PnUDIPGU All 111:ba-Ordtnn-er padiaaa tbareof iDcanli....,t er coaflimq with dlia Orduwu:e er my paman banal are hereby rapNled t.o tbe at.mt at mch illmnlietency or caaflict. Sedim I 111,;t c( rmeel gr modiflcetiOP Dia NpNl ar modiftcetion al any prcwiaiaD attbe Code at 1lle City at.........,_ by dlia ~ lball aat raleue, estmpiab, altar, modify, or dump iD wbala er iD pat my pmalty, fta:feiture, or liability, litblr' cml er c:rimiaal, wbich lball baft hem iDmrncl uader IUCh proviaiaa, wl wh protiaiaD lball be trNt.ed uul held • lt:ill l'9IIWDiac iD force for 1lle par..-at ,.,....in, my wl all prapar amma. aam, proceectinp, and pt"aeemdiJDI fill' tbe -*wat aftbe ,-.lty, ftaflitmw, er llability, U well U for Iba papa at ..,..inin1 my judp~. dac:rN, er ordlr which can er may i. raadared, ---. er ..... iD aach acl:iau, mite, pill cwinp, er proeec:utiaaa. Ses:ticm 7 EIILIJty. 'l'bl Pmalty ~ ofB.ll.C. SectiaD. 1-4-1 aball apply to each ad .,_, Yialatiaa at dm Ordinance. Introciul:ed, raed iD tbll, and pueed CID flnt l'9ldinr CID tbe let day al December, 1997. Publiebed u a Bill firm~ CID tba 5th day alD1 c 1mbw, 199'7. ATTBST: Laacriebia A. BWa, City Clark I, Loacriebia A. Bllia, City Clark at tbe City at ......... Calmado, benby catify tbat tbe abatw ad......., ia a tz1Je copy at a BID ... a 0..11 , bdlodlilcld. rwl in tall, ad ...... tb'lt rwliar CID tbe la day afD h•, 1.99'7 • -5- . . ,. ~ > I • . ... • • 0 ]- • • • • I, July 1997 Municipal Solid Waste Report Clean Green & Proud Commission Municipal Solid Waste Subcommittee Frank Golombek Dem Hu1f.lur DonRocb . Joe Simmic -non VOiing member 1epesmtiuc Laidlaw Waste Systems Ed Soulliere Gerald Stmkorb Tun Stoner SuunVmDyb Al V Olllliaag Recommended Action: Amend cunent ordirumce, or pus a new ordinance, mandating residential trash collection by a licensed hauler. Clwl, a,.., & Plaud Conw l I I. Cly d ......... 3.acJ Sol.th Elad 911-. • EnglNaall. CO IOt 10 • (3lllt 711-ZM1 .., ... • I • . . . • • 0 f ......... I J- • ,. . ,~ • ,. Reaaons for pursuing idea of mandatory rNidentlal trash pickup • fJaed on the Aprll 1997 SUIWY (Appendix F) rNU/ts, cJtlnns agrNd, by a 2 to 1 margin, that all,..,.,._ should be required m ,,.. WNldy,,...,, collectlon- • Cunwnt ordinance I• dlttlcult to enforce. • DlacoUnlfle Illegal dumping, .,,,,... public health and ........ • AG"I rPOnal llceaed,,.,,.,. would be ,wnov#ng truh on • weeldy,.., to. --IJfllllfN9d fac:ay. Raaaona for not mandating residentlal trah Nl'Yice A ..... petCMtafl9 of the cllaW .. alrwly abiding by current cwdl-,ces, without paying for,,..,,..,,,,_, or,...,.. m ..,,. dumping. • They take their trash to a dump or transfer station. • They take their trash to their bulinNs dumpster • Some citizenS share trash COi d:ai iers with their neighbors • Some Senior Citizens have other family members put it with their trash. • Some travel frequently and have only a small amount of tnllh • Some travel frequently. making it difllcut to place trash out for regular removal. Hlatary of ttw iaues In Englewood(• we knoW them) ... 1112 CGP held a pubic hearing on rn11idlllaly "CU'blide" tnllh pic:lcup. A ... crowd made It clell' that thla propaul - notacceptable. llay23.1* CGP p1111ntlld a reviMd rn111daby pickup ordinm. which avoided the "CU'blide pic:lcup" ... . Thia apparenlly w .... a ••d up In a "black hole" IOIMWherel What the MSW aubcommitlN ha done during the pat yar. IW11N • Attended public hearing in City of Broamfteld conceming their plw to go to CCN ilract haling • Formu&atad a IWW plan, to addrw .,.. of mandatory trash pickup, and CCNitrad haling in EJiglewood. MSWR,pan ...... .. ,,; • • 0 ~ I • 0 t~ • . , '· • Reviewed the request for proposal that Greenwood Village used for their conversion to contract hauling in September, 1996. • Also reviewed materials pertaining to contrad hauling in Burlington. Commerce City, and Westminster. • Reviewed a study by RW Beck, prepared for Fort Collins, concerning their contrad hauling options. • Met with Greenwood Village Public Worl<s Director, Jim Sanderson He gave ua the history behind the efforts to convert to contract hauling in Greenwood VIiiage. He anawwed our queatlona about their contract, and proc:Ndlnga up to the contract (appendix A) • Reviewed the ·comparative Trash and Recycling Analysis" report which was prepared in 1991, baled on pilot proieds that were perfonned in Engtewood and l.itllelon. • Agreed to meet with representatives of the 3 residential trash haulers that are currently licensed and operating in Englewood, to get their views on contract hauling. (It was assumed that they would have no objections to mandatory residential trash pickup) • Also discussed other options for contract hauling. • Met with representatives from BFI, Laidlaw and Waste Management to get their answers to our questions, and any other input that they might feel relevant. (SN appendices B, C, D) BFI and Laidlaw found the ldu of contract hauling to be appealing. Wuta llanagamem wa lea enlhuelaatlc about the proepect of contract hauling This is understandable. co11sid1r111g their claim 1D be currently NNing about 80% rl the rNidencN in Englewood. If the contract.,.. ID be a.rded 1D anolher haJler' their presence in Englewood would be c:ompomiNd. • Discussed the possibility of conducting a citizen survey on theae issues. Would Ilk• to Mnd 2000 with April Watar#Sewer bill. Another 2500 to be dlatrtbutlld via other rneaM. • Met with Waste Hauler representatives, to craft the questionnaire • Agreed that we needed to keep it simple so that we would maximize the rate of rnponse. • Hauler representatives agreed to reimburse CGP for the cost of conducting the survey, each paying 1/3. MSWllepon Plp2 ,, - • ' I· • -• \. • • ---~--- • Learned that we would not be abAe to UN mail for distribution of questionnaire. • After review at regular CGP fflNli ig, we made final adjustments to wording "'IUN9Y (Ne app8I dx E) Aprll1N7 • CGP memberl dlstnbulad 4500 11ney cards, door to door. • Reviewed the,.... ol 1tw 1200 rapon111 to the aswy (appendix F) • Based on ,... at surwy w. concludedtllattlwe ......... pubic auppart ID mow IOI ward wllh ........ ., pickup , .... _ .., ...... 2:1 ,......_ In favor) Allhougll thlre hlld aleo IINn • m .. ortty In favor of conll&thaulng.-lllttllata anore COi.....-... approach would ..... 1D ....... the llllll*'OUI ...... that hlld ...... pwd. • Based on pat upaiillim. • dlcidld that it w time to bring thele _,.. befor9 Council , 1D see if we went jullitled in continuing cu effata. • At regular CGP mealing 1tw nwnberlhip vol8d to have Chairman Lange l"lqUNt • ltUdy NUior1 rneeti ig with Council 1D petition for drafting .,, ordi iance mandating rNidenllal trash pickup. Racommendatlona Amend current ordll•IC8, or pw • naw orclll•ace. ........... ra1ldlntlal trah colleclon Illy• ._. .... ......,, . ' • . .. • • 0 , . -• ,. • ·, • .. Appendix.A ~ !ram me MSW subc:onPDiaM m--. of l/7197 widl GrwWOOll ViJ1111 PaDlic Wam Dn:mr. Jim~ 1) Knowing wnat you knaW naw about hGW service ha gone, what wowd you have induded ditrerently in the wording of the praposaj? Jim r.tt that thaf had done a 1horaugh job and could raly tlnd nalllil1g thaf woukt c:hange, at 1hia paint In time. 2) Haw has the city identillld the c:illzllnS who nNd special servica. and what services are provided? Upon raquaet. .......-.. Wit an 111piCc:allan t'ann l'ar a ..-:zlld w fice raquNt. Upan recaipt of the raquaat. Jin Sandliiaan or ttw 11 · ll cly rtatagal, tt.l parsonally vilita .. ,.... ta veritf ......... Thay upect 1D pravtda CGll1ilil• wry out w .ica l'ar IIIJOI• tNW ti or 111c,eetDoll1Ddolt .......... Jim •ua• ••d t1at wa might cantact ar.tce orpnizadone auch • ..... an W1111l11D help_._. the num11er olapecial .... 1111 • lltl wa might need 1D provide far In !ngll•ad. 3) In GrNnwoad Vllage, what .. the cwlWlt IWCydng opllcn aflllwd ta 1'91idents? 'Mm ii the c:unnt paceneage of racycllng palldi,al 11? Normal HIima .,. lncludet In the NCJCIIIII 111c+•a. on a bl a a 1ldf lldlalL ~. cardboard ia not c:unw,ly bang pidad up. but ..... aflcilll .. praauring BFI ta begirl pidcing it up aa. " ' .. • . ' • 0 -• • • .. The contract a. ha a clauN that,.......,...,... ahartng olpraftla from the racycilng pn,glWIL n.. ia currantly one racyclng truck ttpardiag 4-,. a--. and a wand truck ia upec:tld 1D be raquhd aaan. ....... the ¥olalna of NeydatN rna1lariale ia much ..... than apec'9d. Haw does the large ilam pick-up prog.an wor1c? Are ther9 any llrui-.. • or special preparadan requinlrnMla? Grwlwaod VIiiage had prwviaualy ollarad a pragnn1 ......,. 111a E11g ... aad'a Spring ci.n Up BFI la currently p,avidllag 111IIIININ Large 11am pickup on a WNldy ....._ Most large .,,. .. actually pidad up along will, the narmal traah. en.. radio in for anao.-trudc ta get llms r9qUirtng IPldal ha ldli ig (I.a. rmiga. lbw) 5) 'Mtat is the procedure far taa•ag CUIDnll' c:ampaia? How rmny and what types of cornpaintll have bNr'I epl'l 111 d (i.e. ha a ..... cal&1lan - bNr1 a paabilm)? IFI prawidea a CliMDIW W ftee ................. Hfflplzl .... '· • l •, ... • • 0 ''l~ I • • .. . ,~ • ~- Thay did have some camplainta about 1he change of pick up days. Thay have had a number of people who tlnW away theil' pick up achedldee. "' - There..,.. a raw camplainta about 1he coat of 1he -rice (but 1hay ftaporatild when the I •identa ... Informed that it-baill9 piowided by 1Dae and ti-, would not l'9C8ift a 1111) To hetp at1avtatll any pwblllme 1he dn"'9 _.. lmraduced 1D ,........ In maillnp. ,,,. viUa;e aft'ws incentive banuNa "Sl500 I*' quar18rta drivers. far trouble frN NMQI. How many trucks is BFI using, and .. the able ta carnpla the c::aledian an a single day? The pickup schedule la covered by 2 trucb, upa.atb.g 4 day9 per wk. The village la divided lntD ...... and each._ ita awn pick up day. Thay do not plan on dilvidlll on thia acbedule. acapt for ca.lflclllig holidays. 7) Can you explain GrNnWOOd Vllage's CUIT8l1t Mfoicenllnt policy afthe canhct'? The 11u, ..... 5upw1n-...11ntfarGranwaad VIiiage llaa .... .,.,. apot checla on ... trucllll 11ft actually ia uaing 2 mw trucla tarthia wwwa•a.:t. If any viota1lona do occur, 1MJ .. flNt ID 11D lllella1IOIII If 1he proclem is not ..,, Cll'9 af by ttw l1'lidllllan pracldln. "'" ttw ,,,. IChldule wautd be impoaed. . ' .. • • 0 1 32xl ]- • • • '· 8) Have you had any con1radcr viatatians? 9) 'Mtat happens if you d8Cllct a resident abuling the symrn (c:atledlng .... mm individuals outside Gf'W1WOad Wage far rwnava)? There hal/9 bNrt some ,-.ports from Migtlbcn about paaible abuN, but nothing sumtantial has turned up wt-, village """im-9~ n.y antlcipa1II the bigg11t ..,.._. .. • will buD1111u co.,11...,. dainu ·wane in tt.e..., i.vtng..,. quaallw t/1....,. far,....,. pick up. The exptd to l"lanCle this by i, ,foiTlai 'V the building COi .. adui ttlat they muat 1'91'110119 lhe !rah or face a lltlllring citadon. Are any other wullt service providers alOW8d 1D offi9r residentlaJ pickup in Greenwood Village? If so, .. ttwe any ........ using them? Raeiden111 .. not Nqllnd by the vtlage ID par11c.ipall, they .. allawad 11D ... Olliel' ............. No one, 10 far, ha adUally lad 1111a apllan. '''° wwwfy a few 1111N k1oltad illllo da •Jo-I•• rmt WOflld be prol,i/,illN for a ...Z ....,.o/•siinca 11) 'M1at is the extant ot the cunwnt HauNhakf Hazamca w.... ~ NfVices that are affw9d ,__,.. under the GrellMUOd Vlage c:o1111a:t. l!ac:h June.._. wll • • Hmrdoua W.. Cali c:tloeL TI-. .. no Rmiladai• on wtlat it c :ilKtlc1 TI-. is a llmitof 130 V9hide loads. .. •· • 0 ]- • • • ... • " Haw much city _,, 1alle ia ll*lt -*•• I Ii ;1g 11a peugaan? Jin-,. tllatbe 19 c:unm11J liua g .-fllta 1J • I talw ...... almlg will Illa Job• Pulllc w.ta Dli1 ala • ttew11....--llalp ... uupa1 I ghau1lu1--.111da•nnil• ...... .....,af.ulJrnanlll.,. IJVlllala- 13) Al in al. da you CDI_.. 1lle CD-.:t a ••11:+ 1a•f11~ IGlld -and r9q'Cing aw:e arra...-,t far GINl'lwoad wage? Y• • . .. • • 0 , I - .. :, ..... ... \• ... . , ...... . · .. ··.:; ·. .. . ·, ..... • ~= .. ·": . • • - \4 ,,~ • • •• BF1 : .c ·1tv OF ENGLEWOOD . CLEAN·,.:GREEN .& P~()IJD . . . . . ' . Munici·pal -Sol,d Waste Subcommi~ee· .·.· . . . . . . . . . . . '','. . . :• .. ~ .. ' . ,• . :: ;~·· # ••• ~ ·,' .·• •••• ;. : -. ; : . . '; ·.,_ : . . ·. . ~ . . . ... ' ~-. .. ~: .. .. . ,· ... · ·.::··._. ·:;·· . . . . .. : ·: ~ February 15; 1997 • ~ f '· . . _ · BFI of Colorado, Inc. 8480 Tower Road . . . . ..... · .. Commerce City, CO 80022 :.·.· · .·. ·. . . ... · .. ;' ':. .. ...... .. . . . . ~ .' .. ·:. ,· .. -~ ....... , . ... ,•,' •. · .. : . :..:_-(_ . •'•, ; ·· ... . " .... . --~ .. · .. ........ ,, ... . ~;;.. ·:: ;. ·., ... ' ;'":·'.· · .. :r • : *' . ~ ... -~< ',, :• .. .. '. :~·, ..... . . \ •. . ~ :..: .. . . ;, . . . . ., . ~ . .;,~t{ . ·.'·:::/ . . . . , ',: ..· .. ;., . .. ' - ... I • • 0 ' ~• ]- • ,. ~ ,,.. • • ----o ' •-=--1••.,..--aw ..... ~- Mr. Domld Roth Chair Mia ipll 5o'id Waae Subcommittee a-, Oran .t. Proud Coownmion City of'Eapwoocl JG SaUlla Ellli Slreet P .. cuaod, CO 80110 0., Mr. Roth: . .;. .. ,-.1 1s, 1991 11-* you and the odlel' members of the Municipal Solid w ... SubcommiHe ror the opportunicy to i-ticiPlle in your meeting ro eYlluate to poaibiliry of COllll'ICblli for solid waste .-,ic:e fi>r tbe Caty ofEnp,woocl I haw enda.l the written,..,._ to ilaa .-ium ,.,,.... It the• llllllml of the subcoowuittee. 8F1 looks tbrwlrd to the opportunily to c:onmue to alit you 111d the oe .. menlhen of'the ~ with your evllullion of connctinl for IIUlicipll dd .... colccriun .,,.._ ..... ,. I ' ~ . ----- .. . ' . ' • . .. • • 0 f ___ . I ]- J c:a:z.,ma • .. • • 1 . MISSION Our mission is to provide die highest quality waste collection, transportation, processing, disposal and related services to both public and private cu~tomers worldwide. We ,vill carry out our mission efficiently, safely and in an environmentally responsible manner with respect for the role of government in protecti11g t/ie public interest. -~ --~-- ' . ' • . • .. • 0 , __ -_ I • . ' ' ' ]-• . • • L .. OUR VALUES - I am dedicated to our customers. .. I am respectful of our pdaple. I am detennined to provide the highest quality ~e,vice. I strtve for continuous improvement. I am ffexfble in the face of change . I am committed to superior ethical conduct. I an, a SR emplcyee ... helping nrak• tire world a cleaner placa to live. • • 0 . .. :· .: _ .. _ .• --. .,_---_r , I • • I• • ' Questions and answers from waste hautar intaniews at IISW subcommittee meeting Tuesday, February 4. 1997. 1) Do you believe that contract hawing far the City of Englewood is a viabte option? • Yes, contract hauling for the City of Englewood is a viable option. A contract would give the City greater control over the level of service provided to residents, contraf c:alledicn days, reduce the number of trucks in neighbomocds reducing wear and tear on strNCs and improving traffic safety . 2) Woutd you expect a cost savings far the residents, if contract hautlng baca•• a realty? Could you give an appraximata parcantaga, based an the current ,.... you .. chagi111g? The could expect a cost savings if the City were to contract with one waste hauler fer the entil'9 City. Any savings would be contingent on the level of sen,ica established by the City in the. 3J Wowd you be inm estad in participating in a bid if the city 'Nare divided into quadrants. with a _,,... conb act for ach? ,,, - Yes, BF! would submit a bid if the city decided to bid waste haulil1g services based !X1 qladla ,ts. However, a bid for NMCe ta the entire city wouk1 prababty be the malt advantageous ta the city. The city would have one ca Ill act ta administer, and the .._ rl service and consistency of service wculd be the ane throughout the city. 4) If you Wff to submit a bid to provide contract halllng In Engl.wood. what NMCeS woukt you upec:t to offer? BF! wculd expect ta cffw l1l9identtal colledlan. recycling service, canTl'U1ity ~ support of community events. public educ:atiOn ca IC8ITlil ig f'KYdinO and allW MMC:81. 5) What type of educational program would you be able to provi• far the ~1 BF! wauld expect to devefop an education program as part of any co,illad appor1Ll'ity. The program wculd address recycling, how to prepare you trash fur colledlon, how ta handle yard waste, and other topics as they might arise. The infonnution could be included in a city newsletter if available or sent the rnidents by direct mail. t . •· • 0 , Ol"l -• • l • • I) How wouJd you handle c:omptaints from l"Nidents? Complaints or CJStomer assistance issues would be handled c :· our customer service department located at our District Office. It is expactad that all servics problems would be corrected within 24 hDln. Most service issues wauk1 be handl8d the same day. At BF1 aJStomer service is our highest priority. Attad'led ycu will find a copy of custcm.- servica information currantly being used in Greenwood Village. 7) WouJd you be willing to assist us in seWng this type of program to the public:? Woutd you be wffllng to partlcipata in a pubic llieail.y? BFI would assist the city in selling this program to Iha public and wauld participate in a public hearing. I) Wouid you be willing to partldp ... and hetp fund a citizen SUl"Y9Y, If we decfde It was necessary? What questions do you think should be askad? BF1 wcutd be willing to participate in a citizen uvey. BFI wouhJ be willing ta aailt in the development of a citizen survey to assure all the necessary questions were provided to the residents for reaction. tt How mmy trucks would be raquired ID camplala Iha pic!wp from al ......_K:N in Englewood in 2 days? The runtier d trucks wcud be baaed on Iha runba' al l"NiJar as to be c:aHec:lad and Iha haln a CDii ltladai wautd be able to aperalil. BFI ha ht capability ID calect .. harMs within Iha I* ....... estabtished by Iha city . Autanatld cclledion systams ... availabte hclw9\w, becw1M rTIJCh dht traah c:aledlcn in EtigiNaoe:t omn in allays, ...,.... .,_,• ... nat p1«:tic:N. The widlh d the an.ys do not permit used Iha am, •• ~ .,..,._ 11) If the co.1taact..,. ID specify c:oe•__.... paawtded co'1laiMra, what would you atr.r? Pfme bring picturN of the cantall..._ BF1 cauJd provide 95 gatlon containers. The c:antairws .. euy to use and dlnble. A copy of a brochure haS been provided. BFl currently collects old newspaper, glass, alumi,un cans, steel cans n • 1 & I 2 plastic containers. .... .,, - • . • • 0 ' [1",, • I • f -• • 13) Wowd it be feasible to provide rec:ycHng senice in the allays? No, the alleys are not wide enough to allow the collection of recyclables. Currently, racydables are collected at curt:Jside. 14) What type at large item pick up wawd you offer? Large item pid<up can be handle on a •.veekly basis, as in the case of Greenwood . VIiiage. Most communities handle large items as part of a dean up program or through special arrangements. BFI would provide the service as specified in the bid documents prepared by the city . 15) What wowd the price charged for each container, if you w.ire to provide each l'Nidenca with a standardized container? The cost of containers would depend on how a contract was striJctured. If the containers were purchased by the city or residents, the price would be contingent on the number of containers. BFI sells 95 gallon containers to subsaiption customers for approximately SSC . If the containers were required as part of a contract the cost wauld probably be amortized over the life of the contract. with each residence being charged on a monthly basis. 11) What semca .. CUl1'efttly betng offered to special llffda c:uatan'W9(how mmy in Engi••ood. and • what coat)? Special needs customers OJrT8ntly receive .. carry out S8rlice". n,e driver pick. up the trah at a predetermined location, usually the garage or back door. There .. only a rww BFI special needs customers in Englawcod. Tiwe are also a few "carry out" custcmers in Engiawoad. Spacial nNds c:ustomers should be controlled and approved by the hauler and the city based on predltennined c:ritaria Attached are the fa'ffls used in Greenwood Village fer special l'1Nds aJStameis. 17) What types of faa on volume servk:N (If any) .. you currently pnmdlng for any of your customat"S? BFI does not provide fee on volume sarvic:a in the Denver Metro area HowaYer, the City of Fort Collins does have a votume baMd trash cotlection p1 ~-Attached is infctmation concerning Fort Collins progiam. .11) Would you be wilUng to wor1c with ua on the •Good Netghbor cay.• P1091am that la offend adl spring? Yes , BF! would be willing to wcrk with the City of Englnaod on the "Good Naigt1ba Cays". BFI supports a numt,ar of community eventl in the cammt•1itia we NIW. ,; • • 0 - • . -------------------.,..:~~----------- . ~ ·, • . ' 11) Nlat lJlle al • • • xs would ,-a , • ..bla ID pnmde rac CU' Houaha1d HWidcNa w.... ... an? . BF1 would amlilt 1119 city wilt the dalr91 op.a,t d the Han•bdd Hazadaua w.- p1UQIWIL BF1 is awil21ng 1119 City d G.-..WIIDOd Vllaga wilh lhlir program. ' .:-: I '· ~----~--- . ' •. .. • • 0 '--· -• - - • • • • 0 1~ • (. IISO/i'IISIJJ' COLORADO February 4, 1997 TO: The Eupwood CJaa. Gtem & Proud Co1FF0ri&Bi0a Municipal Solid Ware Sab-Commiaee Laidlaw Waste Systems is honored for )'OID' iaYiralioD to taaipt's ••• seaioD fbr the purpose ofiafuJDIIDDD ptberiag on Morricipd Collracdag. Laidlaw Wate S,- cm:remly is tbe savice provider tbr the Commerce CJty n•aic ipu c:ollllaCt 111d allo provides service to other 11110icipetiries across the coumry. Attached is a n:faence lilt tbr mme of Laidlaw Waste Systems 11+!0-::ip!J com. ID response to )'OID' questioaaaire, we are providiaa tbis brief my of amwers: l. We believe tlm comract blllliag is a viable oplion ia the City of'Elqpewood. 1'blse are IIIMllY at,-, ps tlm could be adlicred. 2. If C0111nCt lmdias became a redly ill die Qy ofBaptwood. 11111 bei8'e tb+t ....... could save apprt,xiwely 30% off'dle Cllmlll ialaai(,aua .-ill dllt-. 3. Laidlaw would be ialerested ia biddiq on...-Wdla:ts fbr qwlaams ofdle City if that would be the oarcome of dais process. 4. Laidlaw's mvices would iDclade repllr, om:e a ....t hlh ..a -1 bt--weatly rec)'dias collection 9a'Yice. S. Laidlaw would provide peq,blea to aD palic-\,iiMieC ...._. e-1+eiw11 ISYi&:e pidefines fbr trub 111d recycliq .-vice. 11ill woalll allo ild+de .... --WOllld be considered to be '1lulr;y items" n,quieq • ,pecial cal ill llr &**-ap. Llidl+w ., dlNII a recyctiag educaaoD olllreaCh proanm ia die local ldlooll ad Ix' odm 111111:t ll'Olllpl w1lbiD the coaauuaity. 6. Laidlaw 1111 a cmtollllr .-,ice depaw tb+t ii tmimd to II-Idle my type of c::11. Complaiaa are tncud tbroup OID' comparer lyilllD ad mnnnied to ~pemiolll -1 otber tnm1pn u appopa:iale. Procabw .. il pllce to iaan c:o...,... are raolved. We allo have a Dial• line 11111111p sy111111 to tab c:alll 1111' boan to be tltm care of ia the IIIDIDiaa- MSWR.a,art AppmdixC • ., • • 0 [!",., • I ' -• 0 I • • 7. La:iJaw would be Vf!rfwilliug to help promote IDIDricipll CODU3diag to tbe public. We would also be willing to participlle in a public bmmg on the matm. 8. Verbal respome. 9. Eagiewood would require (6) trucks each day to compJ,:te pick-up in 2 days. This would be 800 homes per route. 10. Verbal respome. 11. Attached is a sample of a t,s,e of comaimr tbat could be a-1 for Enpewood. However, we would research comaiDm 111d mive to provide Englewood wb the best a1temative possible. 12. We would pick-up glass. aluminum, pJatic. and oewsp.pe for rec)'diag. 13. We would prefer tbat all items (trash & recyctiDg) be at tbe cmb. However, if alley service would be required, we would provide the service requmL 14. We would pick-up all large household items widl a 24 hoar ad9lnce caD in for pick- up on tbe rqnilr service day. R.efii&erarms amt be all'lmed CFC Free for pick-up. - Large ba:iJdias 111d mnoc1etins irellll woald reqaire a rol-off'lm al woald DDt be iacluded m a 111eeeripal COllll'aCt propolli. Cblrps fir mch items would be indoded in oar proposal. 15. We would provide colitaim:rs and rec)diq bias. This would be iacfilded ma proposal. 16. Cmrmdy, we are aot mviciag my special needs CIIIIDmeas in .Eapwood. lkweta, we would Dllke some special accoo • -1•mns mi de9elop a lllldlocl of c:edifyina dlat tbe imtY is etigible mr tbis t,s,e of sem:e. We would pmbebly do a c:my ont. This is where we would tab the........, tom the blick docll', fllllltY, al nipllce to tbe bide door ( or locarioll •1•recl). 17. 1bcre would be a mioirmun S25 .00 cblrp for lqe ams. Thae would be priced oa apptication by having a foreman view tbe job bemre pict-ap. 18. We would l*tic:ipare in. '"Good Ncipbol Days". C...ay, we walk ill COC1p14ima wid1 tbe Cll)' ofI.abwood Oil & m1lr proplllL .. - .. • • 0 I -• • • .. 19. LaidlllrW-s,-..Ja1wadmllillca 1(1 ,· widP.LlillawEmi: +nJ Sc9icll (LES) aaWWI lfaallllDl4 B DII W.-.pujiW. LES Im a o6:e •i-• "'a• DmRrMdllt. ,___ .. _..of .. &wlbaill """*" Collrricm Pft+W tbll we 1 .• 1 ..... Ckyaf'Ga c.ocl ViDlp pNpOIIL Wewaald. pMilblJ clllip .._ .._ ... ..,waod aoakl a c:amst pwpolllcm. Alla. ........ ,. .... ,ec..iNl tom Je4w-Colll&y's BIIW AldlaliLy. .. .. . • . .. • ' ' ' , 0 • • .. ~ . ' ' ' • • ·~ • . ... ~. Laidlaw Waste SJ*IIIS, lac. MffltineJ 8€1WP Lilt 1) Commerce City, Calamia Address: S291 East 60th A'ffllJm f. afliousebolds: 4,700 COIIWIAce Clty, Co 80022 .. coamcc ORII Clemrnrs Types afScvk:a Oirecmr of Public Works 06iftd: Resideati&I Pick-Up # (303) 289-3600 l) Lab Bansa City, AriZDaa Address: 1796 Civic Cm= Blvd. t ofHauseholds: 15,000 Lake HaftSl1 City, Az 86403 l(S20) SSS-2116 CcmtacT Ridmd BiJmwn TJPCS of Sc'fk:m Mayor Otlired: R.esidenrial, llec7dml, . Commam1 I: Jndpstrial 3) Alma, Dlblois Address: 101 E. Third St. t ofHomebolds: 12,659 AltDD,fi. 62002 #(618) 463-3500 Contact: Bob T awse T afScw:es ypa ' ,.,. Mayor Otlnd: Baictentm I: . Cmblide Rsydilll • • 0 r ~" I '· 4) Dallas, Ta:as Addres.1: 3112 CantDl1 St. Suite200 Dallas. TX 75226 #(214) 952-2100 Com:act: Chuck Smith !) Musbcoa. Michipa Address: . 1350 E. Kmrin& Mmk:l=goD, MI 49442 #(616) i.26-4786 Comact: Bob Kulm Dir. of Public Service 6) Pheseat Glffe, Uah Address: P.O.Box51S Plasant Grove, ur 84062 # (801) 185-5045 COlltlct: Frank Mills • • . • - fl. ofHouseholds: 56,000 .. Types of Services ()ffJmd: Residemial, Coannacial, Indlmia1 & Curbside R=:ycling fl. ofHouseholds: 13,000 Types of Sem:es 01fmed: Rridenrial, Recycling & . Compostiq t ofH.ousebolds: 3,857 .., Types of Sem:es : .. otliml: Reside:ttial & hc:)'cilDI • • 0 r ,.. ~ I • J-. ' • • . . ]- (. WHY RECYCLE ? • Every man, woman and child pnerates 4-5 lbs. of prbap aery day, a staggering 200 million tom aanmaUy. That is enaap to bury 30,000 football fields in a layer or garbage 10 feet deep. • Our landfills are rapidly fiiliDI up. The US EmironmentaI Protection Agency bas e5drnated that at c:urreat rates there is only bet1'eeu fiTe and fifteen yean of luuffill space left. Many of the aisdn1 landftlls are ansafe and will baft to be closed. • The idea of recyc:liag and emiroamenal responsibility helps insure a high quality life for our children that may not be possible iC wutetuJ and toxic habits are not changed. • Recycling conserves limited natural resources like trees • • ETVy ton of paper recycleci efimiaatn ~ need f'or 3 cubic yards of' landfill. • Every ton of recyded paper saftl appromnately 17 trees • • Recycled paper nqains 509(, less enqy tD produce ~ Yirpl paper. • Recycled paper results in 359fl lea water pollution, and uses 604Jrt Jess • water than the manufacture of main paper • • The manufacturiaa of recycled paper results in 759' lass poOntaots • • O.er time recycliq will result in lower c:ost.s to consumers than • Iandfillllll . • • 0 • • 0 .. - 880/iJUSilf COLORADO RESIDENTIAL CONT~~RS 6~ Ga.Hon T ocer 34 inc.!1~ \'V idtil :3 inches L~!lgdl 39 inc.!1~ Hcigb.t Blue Recycling Bins • • 16 inches Widtil 23 inches Length 13 inc.hes Height I 0 ]- • • • ~ . ....-... -zs-oa o3:04P /IIIIS84'~ &UUWd PTA£ && ,a ... HOUSEHOLD CHEMICAL COLLECTION PROGRAMS • 1.11111.--Ileen~ -i.t .......... ~aallolllml ..... -.im ttia llllll-117U's. • La111at t1a par11a•• 111 °"" 1a r a • _... Clllllclllall 11D11911S •1 Ill 8 CilffWllly r1'181iaQinQ 7ft at !tie h D ilillll ~ CIIIIIKllaa ...... in c:mnaa. • LOCll aff apanlinQ l'laft --in~ c:auna,. • ~1www~a•-11•w;w.-....-,--..11_.._1nAn.mm. e Laillow wil talla ---Wal ....... dlllnil:at -to rnMllffliD tang 191111 ....., farll.e Cly t/1 Giw.u• ...,...._ • 1..1111arw11 wen .... 11.e City a, caw Id ...... ta..._• CBaG ONll9III fir --~inllla ... • Ulllllaaal ....... iii: • 111,MDdDR _.,.111..,.._ -C 1-.g * I ....... ..-.,..,.,,, .... ; .......... .... ........ 5 ........... -.... to ...... . " ,,,,,., ............ ,,,_ ... ........ ·• 1.111aa,•1111i11._,M .............. -. JI • ••--•• pa ........ . . .. ' .. . ' • . .. • • 0 - • • • (• • <, JEJ+t:RSOa'\I cmJNTY HCUSEHOLD HAZAACCUS WASTE STOAAGc AUTHCRITY ,,.,.,,.,_c-,~ s..- GMlln. c.....,,... II ~ ~---Iune 6. 1996 ~-...... Scaa: Wender. Maruan1 Gener:! Manapr uidl&w Wum Sysmms 60lS E. Sidi Avanue Cxu:en:: Clly, CO SOO:Z:Z-~994 ..., __ Rr. A brie! dlaDk ~oa for Laidlaw's Dlisaaca CD Jetrersaa Coaacy's BJIW Collectiaa J=icy ~-· ~----Car :vfr. Wender: As :fie cwo people most closely involved with die oper:uions of tile Jefferson County Household Ifaz:ucicus Wum Srcr.ige Aumoriry's C.:iilec:ion f'acilicy, we would like re !&It& this oppormniey m dlait you mi uicilaw (bodl Environmencai mi Wuze Sysie:ns) for your invaluable assisance m dla Aumority. Over ~ sever2! ;,ear assacialion. L.aidlaw 111s provicieci the Aumority widl & list or SC'Vic:a a!most !DO lenpy re aiumer:mt. This .illlll bldt re the Round-up days when trUh rall- off!s wera pn,videci ar 11C c:narp du'OqD die las !lar lad & baif' during whici uidlaw has pnmdad ha am 111d cormpad covdbolni sa:np md pidt-up scvica. lae odlar less asily documened -.ms oi:ae . .\lmlOrity's loq macimoa wim t.aidlaw (e.,.. williapms m be friendly alld. ~le m our individuaJ cmmmer rweds) have Ibo been pady ~ We an~ tor die Audlamy' s cominuing rww:ionship widl t.aidlaw and amicipa ill cam:inuazion. As one of our donon. you showd be &Wll'II t1m t.aidlaw w .. S)'SIIIIDS ~ on our dollar sip maumad on th• franc oftha Fcilicy. To ftanillr im die public's awaenm ofme :omriOUliaas of donors mc!1 u t.aidJ&w, -plan m inciude a doaors lis ia me nca: prmans of our iamrmaaaaaf bnxhun. A copy ofth• praen1: im,c,'ture (widl iaa'II) is illcludad wim mis l11111r. The maw brochure will also iacarponm die two inSlll'II in1D & larpr. r.dasiped fomw. This pnnaq shoald occur i... mis summer. · Onca &pin. we and the members of die Audlority Maaapmem Cammimie a-mud! ID L.aidlaw Wam Sysmms and would lib ta otfer you our sincarw males. Sincerely, ~~~ Marie S. Laye. Drop cl: Swap C<D'dinamr I6rsoa Couaey HHW Smnp AIIIDGriey =: Mambas, Mlaapmml Conuniae. Ic!lnla Camey HHW Scarqa Alllllarily Cbrisiaa I. Vwrio, L.aidlaw w .. Syaam R.......i Ttrrimry Maaata' (widl .._.) Mike Harmon. uidlaw Wam Syaaa Opallicw Ml!lllpr (widl lncialun) Scmr Hand. uidlaw w ... Sysmms Sa'-~ (widl IIIC!alun) T~ Lynn Traynor. uidlaw EnvilOIUIMIIC&l Si,sans (widl mc1asluw) iDclolln ------.-. ' ' . ' • .. • • 0 - - • W119to M11nng.,m.-nt c,f r;.,,,.., .. , .. r .o. Bn~ 1,.:.,n ,. .. nn Wettt Unintt Av,..,m,. l:liglewood. Color:,rla au 11 o 303/797'-1IOO • FAX: J031797·303 I '· • • t • • TO: Green, Clan. and Proud Culdldillion Chairperson Don Roth and ,nmabers oftbe mid WIile 1ubo-1M1uttee FR.OM: Dean Vander-Bun. President -Wute Maalgemmt ofCokndo TOPIC: Respome to subconnnittee queslions DATE: Febnmy 7, 1997 I. Contract hading for the City ofEnpwood is one option. There are several odm options which miaht be considered which wouJd go far to reduce some oftbe city's trah mm u:h u too many trucks. Wasti: Management hu a history oflS years in tbe Enifewood commuaity providing continuing service wht:n other haulers have pulled out. We .-vice about 70% of the rmidentiai trash accounts and !eel the quality of our .-vices are indic:a&M of the large llUlllber of .ailfied customers in Englewood. 2. A reduced cost is possible. but really depends upon the level and quaity of .-vices requesaed ia tbe bid for proposal on the city contnct. Can't live you a COil savinp elriailte umil we know what smvices wouJd be required. 3. Pn:fesenc:e to bid a single contract for the entire city. 4. We would probably off'• to provide our ~ level of lrlicel, but 119 c:apable of providing whltewr is ~ ia tbe COlill'll:t propcml. S. We have tbe capabilily to provide edllCllioml PIOIIW Oil-, levell, &om dillribuliaa of aclivity boob and all'riculum like our c:ampeliaon, -. to and iechMCfina ~ scbool ...,._ and activities. tCU'I, and c:ammuaity-wide ..... ..,.. 6. COlllpWlill are c:urrmtly handled OD-tile bJ our ailfOais awa .• .-.av.. a-.. we are located witbia the City ofEnatawood. a,mpeieM• u:b • milllll pidaape .. lilDdlecl ia 111111)' caw within ten milutet of a ed. Uadlr a city-wide COlllraCt we &el tbe campiaiata sbauld came directly to our o8lc:es lbr immediale r-w .. ioa 7. We wouJd be willing to partic:ipate in a public 1-rina. awiJabie • a c:omubnt oa aid wate ow a WI! and 111CJc:ling qu•ionl 8. We would be happy to support a citizen mney if'we CID pa1iciplte ia drMopins the qumtions and have access to ti• reepo-aad aallylia oftbe eurwy . 9 . Trucks utilized fbr contractual savices mould be ao o6dlr' dilD l ,-s. We filll we could cover the entire city of 8SOO homm with four trllh trucb and two ~ aad ..-,ice trllh pick on four days. Waste hawing wowd occur weeldy and recycliaa B~y u curready amnged. . ' ·- • • 0 I -• 0 I • • IO. Waste Managemr.nt is equipped to provide automation vehicles for trash piclc-up however it may not be feasible to implement automation for alley pickup. 11 . Waste Management i~ 1npared to offer 65 pilon or 9S piloa pofylwt containers for residential use. Averngc levels of trash collection for the typical Enpiwood home is two 30 pllon trash containers . 1\dditionaJ issues to consider iaclude IIIDUI tizatioa of containers OYer the life of the contm and who is responsible for , eplacmnmt of the c:anlaaaen whm they are damaged, lost. or stolen. 12. Rccyclift! items currendy picked-up from Ensfewood resideals include: glua. platic, tin, aluminum, newspaper, and cardboard. Waste Management provides a three bin collection system for easy collection md stomp of recyclables. 13 . Recycling service works best at the cwi>side for pick-up. We would prefer that the cumm auiJside piclcup system continue to be in effect with contrKt hauling. 14. Waste Management would provide any type of large item pick-up required by the city contract. Currently we provide appliance pick-up via customer cal-in and can arrange a personal garage clean-up project for :m additional ! 15 to S40 dollar clwge. 15 . Container prices run on an aver-··~ between S40 to $75 depending on the quality and size of container opted for within the contract. 16. Special needs services C3n be acquire ' for an additional fee, IIIUally about SIO more per month. We cummly provide these servicr to euslomers wllo are handicapped or otberwile incapable of putting out tlaeir trash. Spec:iai needs senices can be covered within the pll'IIDllten of the city-wide contract. 17 . Waste Muiagement is currently offering three levela ofservica (more acauablly defined a a llmited fee on voJume service). A n,cyder rate, rum around SI O per month md ia 1br time customers who put out only one trash coataia• per weekly pick-up; tbe replar' rae for unlimited disposal of truh. runs around S 12.50 per month, and a __. citizen reduced rate. 18 . Waste Management i,, pannenhip with the City ofEftalewood IMated the '"Good Neipbor Day" program . We have generously given '-:It to the community&. dilpcml .-vicea for°"" 8 years . We also 1JUticipatc in the Bi-City rare and Lafdrop-oifad lave provide additiolal in- kind services or non-profit rates for many other city uid wute fJNIIW. 19 . Waste Management is carabie of provide co111ul11ng e,;pwa l'oryour HHW 1···'lf'IIIL However our company is prohibited from dirrr.tly dilpoliaa ufHHW. Over the pa: . six yws, W ute Management has provided advice and mance ia helpiaa die City identify vendon for a limited ffiiW program. We continue to support the 1111111 HHW calection proar1111 cummdy offered by the city . ,. - .. ,,. •· • 0 , -• ~- • " ·~ • " w ... Man,,......, is• E.'1plWOOd Campany. We bne bee i.. lbr tbe ea J111eeity tbr 25 yeus pl'O\,idilla quelity ,ofid wace ow 11 ,...., al recyc:liaa __.. ta our a•• •aers. We are tbe eiallfb larps employer widlin tbe eily of&pwoocl providiaa a .... ,;al -.... mr c:ity ~ The Good Neighbor 0., proar1111 over tbl ,-s Im caatriluted ia arm afSl00,000 ia dilpoell COlfl fbr residents of tbe city~ We .. proud of our repatiaa ia Enplwood al ... oomn,ined ta proYidiaa &oaa-term _._ end 8aw:ia1 beae&s to reoidlllls eDll be•F II widia tbil WDPllity. ... . ' • . .. . "" • 0 l -I -• • l~ . • ' NO 1111 -.... ...,.,. UIIITID .. 11111 ,,..,~~!.r~!..~col POSTAGE WLL BE PAID BY ADDFl!SSEE Ar1'M a.n. C3lat a Pnlld City of Englewaod 34CJO SOUTH EUffl ST ENGLEWOOD CO ao11a... 11 .. 1.11 ...... 11 ... 1111 ... 1.1 •• 1.1 ... 1 .. 1.1.1 ... 11.1 CAN WE TALK TRASH? 1'le C111n. cai-t a 1'111111 C l&:zl t1 9ald .._ S: t • Ii ....... .......,a1 •• ,_ ... ....., ..... .. ......... ...... Ill .... ltd. 1'1111 .............. . ....... ..., ............... ..-. .......... ... ...... -I ...... IIJ .. ca, ca..l. .. .....-__, .... pwf \ f ,IIJile ........ -. _.,.._liCllllllllll•os...,, ................ a1 ............. .., ... 111a11r,-.., ..... YB• , ................ .....,_.111 .................. a a ---II f .T a. .... ,.. ............ .....,.,.., .... ....., a a ~ .... ,.. ........... ...,.._.. ... _,........,: a a Calllll'.a..,~~~~~~~~~~~~~~~~~~-~--·,.,.~---....... _ ............... co ... •9'"111- II - ... .. • • 0 - - • • , . . • ' 1997 ·em We Tait Tmh" Suney Raabs Clem. Green al Proud O@FHO!iaiwm Solid Waa Sidlc!MFFF i•Dtt- Tabulation da: May 6, 1997 Tacal c:ardl • ..._ad: 1211 Tomi blanltcards remmed: 11 Tocal cards Tallied: 1200 1. Shaald all ----propmr CJWlal ill Ea.p.woad Ila reqaired ID baw Wlllllly alll c:mllniaa? 2. Woald yaa sappan bmas a sialle campmy calm nllilllmill lrllll? 3. Woald yaa be willilla ID 111111d a pabtic lllllilll lllll - your apiailm? 'Ill 78 611 - s M 17 • NO s 351 lO 453 31 E 31 Mmt Cw ,amte c:ai.aar, ~ Clrdll wllll-. ..... a www• Y ar Nm• dneq d ·- (Ql • Yes and Q3 • Yes) In fmJr of taidem laYDII weekly lnllll coUecdoQ agl willing ID aami blrarq: 350 oat at 816 (Ql .. No and Q3 • Yes) Oppoml at tesidlaD laYDII wetly lnllll colllclioa agl williDg ID IIIIDli blrarq: 1.59 oat at 116 (Q2 • Yes lllll Q3 • Yea) Number atlla i1*IIIII iil4M*lbc a siap CCllllplllY COUectins tmll agl willills ID aal Jmdas: 336 Olll at 116 (Q2 • No and Q3 • Yes) Number of boe1r'IDWI oppaad ID a siDp compmy collecting ttuh .Ill& williDI ID alllelld lmrml: 171 oat at 816 -:::.LE : I 510 NO 273 332 379 ---- ... ~ • . • • 0 , I Date December 1, 1N7 • • • ' "· COUNCIL COMMUNICATION Agenda Item 10 a vj I i / , ., I• "'~ Subject A BIii for an Ordinance approving changea to TIiie 5, Chaplar 2 • Traah Hauling Staff Source lnltlatad By Department of Flnanclal Sel'YlcN Frank Gryglewlcz, Director Flnanclal ServlcN Suan Clute, R9venue & Budget Otllcer COUNCIL GOAL AND PREVIOUS COUNCL ACTION This Bill for an Ordinance deletes Paragraph F of Title 5, Chapter 2, Subsection 3 and replaces it with a new Chapter 26 clarifying the requirements for a Trash Hauling Licen• for the protection of the citizens of Englewood . At the October 20, 1997 Study Senion the Clean, Green and Proud Commlulon prnenllld their findings and recommendations regarding Trash Hauling and licensing thenlof. RECOIIIIENDED ACTlON Staff recommends that the City Council appn,¥9 this Bill for an Ordinance . BACKGROUND, ANALYSIS, AND ALTBINAlM!S Wli ED Trah Hauling Lic:enw .. reqund ID ..,.. IWI only quailed ...... wtlh DqllMa insurance and which comply with existing waste dispoul req&nl'IIIIIIS, pnMde IUCh _,,... ID the public. Changes in this Ordinance include requiring compliance wtlh regullllloM ,...c11,u V9tliclN med, participation in community clean-up and recycling proieds, proper __.. ol lrah calledld • wal • ...tlictil,u hours al ope1alion . A separate license for Trah Haulers ii nee 1111 y due ID the Impact al this activity on the public's health and safety . Trah Haulers LlcenMS have unique apects which require add!Molial lallN ....,._ and l'Ntrlc.1ion1 on tran•abillty. Insurance la reqund becallN this blllNa csi poee lignlllcant risk OIi physical injuly and ilnNs to the public. No allemativn were identffled. FINANCIAL .. ACT The City colledad S280 .00 in Trash Hauling LlcenN FNS in 1918 al $5 .00 per truck which is the current licenM fee . UST OF ATTACHIIENTS Copy of a Bill for an Ordinance Copy of proposed Title 5, Chaplar 2 ------' . , • .. • • 0 - ORDINANCE NO. _ SERIES OF 1997 •, ,. BY AUTHORITY A BILL FOR • • • COUNCll. BILL NO. 98 INTRODUCED BY COUNcn. MEMBER _____ ~ AN ORDINANCE AMENDING TITLE 15, CHAPTER 2, SUBSECTION 3, AND ENACTING A NEW TITLE 5, CHAPTER 26, OF THE ENGLEWOOD MUNICIPAL CODE WHICH PERTAINS TO TRASH HAULING LICENSES. WHEREAS, the collection and diapoaal ofbouaehold and commercial trash is a growing environmental problem; and WHEREAS, the enviromnental and financial impacta of truh diapoeal are felt by all the citizens of Englewood; and WHEREAS, the UDJ'8CUlated haulinf or diapollal of trash by unknown penona c:reates a pouible health and safety problem reprding prompt and proper diapoeal of truh; and WHEREAS, the lic:eming alTruh Baulen will lw the health and Mlritation problems uaociated with Wll'lplated pick up of trash or wute; and WHEREAS, the lic:emiq al truh baulaa will eacounp the recJdml of materiala which will relMlft dia diapaal burdm OD the mYiraammt; NOW, THEREFORE, BE IT OllDAIMBD BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS POI.LOWS: Sgt.igp 1. Tbe City Cormcil al tha City al BDpwood. Colando banbJ _.... Title 15, Chapter 2, SubaectiGa 3F al the ..... ooc1 llllllicipal Code bJ dalM:iq PantcnPh F . 15-2-3-F. Ne 11111•-b lJ pp ia 11111 II . • ,---, • b:1 l" I •Mil ill .. 6i., wilk• ........ r I li:11•1 ........ t..,....., 111111k....-.W1 I" I II Pl Ila ••• II,-leu 8ilr1IIH w P Iii.al Serri-.... I I ,.,-111t ., ... ••ll-f ... 18) ,-y II " h. Sgt.igp 2. The City Council aldia City al £n,r-oael ba'9bJ IDada a DMr 'nde 5, Chapter 26, entitled Truh Haulinc, which abal1 read • followa: -1- 0 ., • • 0 I I ]- ,.. • 0 • CIIAPl'ER 28 TRASH HAULING SECTION: 5-26-1 : Definitions 5-26-2: Licenae Required 5-26-3: Application For Licenae 5-26-4: Special Conditions and Restrictions of License 5-28-1: DE11'1N1T10N8: For the purpoees of this Chapter the following definitions apply: TRASH: TRASH HAULING: WASTE : DISCARDED MATERIALS INCLUDING, BUT NOT UMITED TO HOUSEHOLD WASTES, FURNITURE, CONSTRUCTION SUPPLIES AND MATERIALS, GARDEN, LAWN AND LANDSCAPING SUPPLIES AND WASTES, SCRAP WOOD, METAL, OR OTHER MATERIALS, CLOTHING AND BEDDING. (SEE ALSO WASTE) ANY PERSON, PARTNERSHIP, OR CORPORATION TRANSPORTING TRASH FOR DISPOSAL FOR ANY FEE OR OTHER COMPENSATION IN THE CITY OF ENGLEWOOD. THE TERMS "WASTE" AND "TRASH" HAVE THE SAME MEANING FOR PURPOSES OF THIS ORDINANCE . (SEE ALSO TRASH) 14W: LICDIIB IIIIQIJIIIID: rr SHALL BE UNLAWFUL TO PERFORM "' - TRASH HAULING IN TBB crrY OF ENGLEWOOD FOR ANY FEE, CHARGE OR OTHER COMPENSATION WITROUT FillST OBTAINING A LICENSE PURSUANT TO THIS CHAPTBll. 5-N-a: APPUCA'DON POil LICDIBB: THE APPIJCATION FOR A TRASH HAULING IJCENSE SHALL BE YADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. 5-a,4: SPBCW.CONDrDONBAND lll8l'IUCl10N8 Ol'UCBNBB: IN ADDfflON TO IJCBNSING CONDfflONS SET FOR IN CHAP'l'Bll l OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY. A. ALL VEHICLES HAULING, TRANSPORTING, OR PICKING UP TRASH SHALL COMPLY WITH REGULATIONS RELATING TO SIZE, WEIGHT, AND LOAD AS DESCRIBED IN PART 5 OF THE MODEL TRAfflC CODE FOR COLORADO MUNICIPALITIES AS ADOPTED BY THE CITY OF ENGLEWOOD. -2 · • .. • • 0 • 0 I• • 8 . PARTICIPATION IN COORDINATED CLEAN UP PROGRAMS IS REQUIRED . THE UCENSE HOLDER MAY P~CIPATE BY PROVIDING FREE PICK UP, REDUCED FEES, OR OTHER INCENTIVES TO CITIZENS OF ENGLEWOOD AS PART OF AN ONGOING EFFORT TO IMPROVE THE QUALITY OF LIFE IN THE CITY OF ENGLEWOOD . C. UCENSE HOLDERS MUST PROVIDE RECYCUNG SERVICES TO CITIZENS OF ENGLEWOOD AS MAY BE REQUIRED BY THIS CODE. D . THE HAULER MUST DISPOSE OF TRASH IN A STATE OR FEDERALLY APPROVED SITE OR FACILITY AND THE DISPOSAL SHALL NOT BE IN VIOLATION OF ANY FEDERAL, STATE, COUNTY OR CITY RULE OR REGULATION. E . THE UCENSED HAULER MUST NOTIFY THE UCENSING OFFICIAL OF HAULER'S LOCATION FOR DISPOSAL AND SHALL NOTIFY THE UCENSING OFFICER OF ANY CHANGE IN LOCATION WITHIN TIURTY (30) DAYS. F . NO UCENSED HAULER SHALL OPERATE ANY TRASH COMPACTING MECHANISM ON ANY MOTOR VEmCLE NOR SHALL A UCENSED HAULER ENGAGE IN ANY TRASH, RUBBISH OR GARBAGE COLLECTION ACTIVITY BETWEEN THE HOURS OF TEN (10) P .M. AND SEVEN (7:00) A.M., WHEN SUCH COMPAcnNG OR COLLECTION ACTIVITIES TAKES PLACE WITHIN OR ACROSS THE STREET OR ALLEY FROM A RESIDENTIAL DISTRICT OR WITHIN THREE HUNDRED FBET (300') OF A HOTEL. G . P'fflJJBANCI UQJIIBIP-UCENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE: H. 1. ALL MOTOR VEHICLES USED IN THE OPERATION OF THE UCENSED BUSINESS SHALL BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO . 2. COMPREBBNSIVE GENBBAL LlABWTY WITH A MINIMUM COMBINED SINGLE LDOT OF LlABILITY FOR BODILY INJURY AND PKOPDTY OF ONE HUNDRED THOUSAND DOLLARS ($100,000) PBR OCCUIUlBNCE AND AGGREGATE . FAILURE TO MAINTAIN SUCH INSURANCE OR TO PROVIDE SUCH EVIDENCE ON REQUEST SIIALL BE CAUSE FOR IMMEDIATE REVOCATION OF THB UCENSE. TRANSFER. TRASH HAULING UCENBBS ARE NOT TRANSFERABLE. -3- •. .. • • 0 l I • • • • .. • ... • Secem 3 SefntJ CJ1PH1 'Die City Council, --, tbada, detarmiaea, and dec:lana till& tbia OrdiJwu:e ia promalpt.ed --... paeral police ponr al ... City at Bqlawood. tbet it ia praamlptiad far ... baltb, ufaty, and welfare at ... public, aad tbet tbil Ordfnuce ia _., far tile ..-.atim at a..1tb and ..c.ty aad far Im J*utwlMi at pablic ~ aad welfare. Tbe City Council ftutbar datenDiDN tbet Im <mlilumee ban a ratimlal relatim 1D tile praper laplat:tfe object ..... to be obtained Sectim 4, Seurfhjlfg,, If aa, ca-, .....,., pancrapb, er part of tbia OrdiDaDee er tbe aprUretim ...._,.111 may .,._ er c:ircmutaDcel abal1 far any reuan i. ....._ bf a -.& at a,..-..1 jariadicl:iaa in..ud, aach jw:lcmeDt abal1 Jillt dild impair er iD..udaa Im ~·buler at tbil OrdineDce Cll' ita appticetkm to odm' ....... Cll' circmutnm- Sert1m 15 ln=rict gt QnlfDIPGN AD alla Ordfn•nw er partim,a tbanot' incaaeietmt Cll' eoaflictins wtlb tbil Ordfnuce er any part:iaD __, ere benby rapea]ed to tbe atmt at -=h ilM:m I r:10laq Cll' caaflict. Sectim tS-Bffict a( IPPIIII ,.. m01Uflcatjgp Tbe NpNl er modiftcetion at any pnmeian attbe Code at tile City at Bnll-oad bf tbil Onlbwu:e lb.all Jillt releue, emnpieh. altar, modify, ar c:benp in wbale er In. pat any peaelty, b-r.itun,, or liebility, eitbar ci'ril er c:riminel, which ebell un bem incmnd andar IUCb pnmeian, and wb pnmeiGD abal1 be tnetlld and beld • .m rwn,1fnfn1 in force for Im pap1111 at IIIUlteinins eny and all prap1r actimia, eaita, pra c_,ln.p, end proeecmfaaa for tbe ..._.. attbe peaelty, bflitaa-. Cll' liellility,. WIii! u far tile parpae at IUl*8inin1 any jnclpw,t, dacrN, er Cll'der which can er IIIQ be nadaed,---. er .... In. aach ed:iam, lllita, J*'D...Wi,.., er JWaervtim• Sectim 7 bulb-'l'l.e Pwlty Pt0tfeiu& ofB.11.C. Seclim 1+1 ebeD apply to eecb aad ffW'1 ....._ oftllil 0..11 ==· hr, • tbe llb-, ofD, c uahr, 118'7. ATTBST: Loacrill.ie A. Dia, City Clark I, 1-w.ie A. 1111-. City Clerkoftlie CltyofhJ' •-.Olla ..... .._._.., duit tbe allon aad ... ,,,._ • • "-IIIIIIY of•• 1ir • 0.. II ma, illll f 11d, reed In. fall, aad,.... _ lrllt neillas • tbe Jat-, ofD t •• 11'7. Land tfe A.-. -4- • • 0 , • • • • 0 • • COUNCIL COMMUNICATION Date Agenda Item Subieet Extending the Temporary Moratorium on December 1, 1997 10 a vii Permits and Licenses Initiated By Staff Source Mark Graham, Neighborhood and Business Development Office Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance 33, Series of 1997 established an eight month moratorium on permits and licenses for industrially zoned property. The moratorium ends February 5, 1998. Council passed the ordinance to provide time to investigate environmental conditions and appropriate land uses for the area bounded by Yale on the north, Delaware on the east, Santa Fe on the west, and Dartmouth on the south. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance extending the moratorium by five months after a gap of one week. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff requested a moratorium on permits and licenses which began on June 22, 1997 to evaluate environmental conditions and permitted land uses in the study area. Staff immediately initiated several actions including a series of four community meetings. Interested citizens met with Neighborhood and Business Development staff in August. in September, and twice in October. The written and graphic product of the meetings will be presented informally to Planning Commission, City Council and the community at an "open house" on December 16. The work product is referred to as the "North Englewood Small Area Plan" which will proceed in Public Hearing to Planning Commission as a Comprehensive Plan amendment in January, 1998. If the Comprehensive Plan amendment is approved by Council. the land use regulations implementing the amendment will be brought forward for Planning Commission and Council approval. Activities related to the North Englewood Small Area Plan have been numerous. On January 13, 1997, City staff applied to the Environmental Protection Agency(EPA) Brownfield Pilot Program for assistance. The 1997 Federal Brownfield initiative proposes to assist cities with Economic Development projects when an environmental issue interferes with development. On May 16, 1997, EPA announced that Englewood has been selected to participate in the Brownfield Pilot Program. In July staff requested Council approval to enter into an Inter Governmental Agreement with the EPA. EPA approved the Cooperative Agreement with Englewood in October, 1997; staff authorized Secor, an environmental consulting firm, to begin preparing the environmental assessment of the moratorium area in November, 1997. Staff has proceeded rapidly with arrangements to analyze environmental conditions within the context of seeking and obtaining outside funding for the effort. Nevertheless, the environmental information for North Englewood will not be available until 1998. • • • 0 ' -• ·, • <. FINANCIAL •PACT Englewood approved a $25,000 Contract with Civitas, Inc. to facilitate North Englewood Community Meetings and assist staff in preparing the North Englewood Smal Area Plan Comprehensive Plan amendment. Englewood 8lJlhoriz8d a $17,500 contract with Secor International, Inc. to conduct environmental a11naments of industrial properties within the moratorium area. Typically, the first phase of environmental inwa1iQdOn helps d8lermn if additional envtronmental sampling is necessary. EPA Brownfield fundl up to $200,000 are available to pay for additional sampling, analysis and environmental engineering. One ligllillcant goal of North Englewood revltallzatlon is to increase investment in property irnprowmenlll n thereby incraue property tax revenues. UST OF AffACHIIENTS Proposed BID for Ordinance •, .. • • 0 r I - • • ORDINANCE NO . _ SERIES OF 1997 • 0 • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 104 INTRODUCED BY COUNCIL MEMBER_~~~~~ AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM PERTAINING TO THE ISSUANCE OF PERMITS AND THE GRANTING OF LICENSES FOR THE PROPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH, FOR A PERIOD OF FIVE MONTHS AFI'ER A TIME LAPSE OF A WEEK. WHEREAS, the Englewood City Council established a temporary suspension or moratorium on the iuuance of permits and the granting of licenses for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, for a period of June 22, 1997 through February 5, 1998; and WHEREAS, an additional extension of five montha will give staff' more time to review and complete the zoning impact including a review of thia matter by the Planning and Zoning Commission; and WHEREAS, the current zoning for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, ("property") a description of which is attached u Exhibit 1, is antiquated and needs to be updated; and WHEREAS, the City Council desirell statf to punue environmental concerna u well u funding for remediation of any environmental hazards; and WHEREAS, staff' will need sufficient time to review and work through the pouible rezoning of the "property• and environmental conc:erna; and WHEREAS, the Englewood City Council deems it n-.ry to coordinate the review of the rezoning and envirmmental reaeareh of the "property" and finch it appropriate to ceue pP.nnitting and the sranting of lic:em. until the review and reviaed zoning hu moved through the planning and zoning proceu; and WHEREAS, the revisions to the zoning will help to prot.ect the public health, safety and welfare within the City's zoning limits; and WHEREAS, in order for the City to comply with arsumenta made in Or J,jmjyd va Cjty of Englpood, Cue No . A86CV1243, the moratorium or temporary auapenaion must apply to all permits and licenaN; and WHEREAS, there are pendinc itema such u a buildinc permit by a buainMa that obtained a conditional uae and another property owner which wi8MS to obtain building permits for above-lJ'OUDCI fuel tanks, which c:onat.ruction wu alao approved by the Planninr and Zoning Commission and other similarly situated buildins permit iaauea; and •· • 0 f x i • ,.. • • (, WHEREAS, the City Council undentanda that there are mattera which muat be complet.ed and wiahea to create a pp in the moratorium period; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO. Sec1;jqp 1. The En,lewoocl City Council deeires to continue a temporary supemion or moratorium OD the ~ of permita and the P'8Dtins of licenaN u to the induatrially zoned portiou ol the "paopeity• delcribed in Emibit 1. Sgtiqp 2, The En,lewoocl City Council ctinda City staff' to develop appropriate recommendaQOD8 to Council, to be comilltmlt with tbia Ordinance for the "paCll**ty" deec:ribed in Bzhibit 1 and to provide l'IICOll'IMndatiom u to the mVU'CIIUll8Dtal remediation and zcminc of lucb property. Sectign 3. The Englewood City Council fiDda the pt'OViaiom of tbia Ordinance are temporary in nature and an intended to be replaced by IUbNquent leplative enactment. The moratorium created by tbia Ordinance lhall run from February 16, 1998 through July 13, 1998. Introduced, read in full, ud puwl OD flrat !'WWI( OD the ht day of December, 1997. Publiahed u a Bill for an Ordinance OD the 5th day of December, 1997. Thomaa J. Burm, lla:,or ATTEST : Louc:riahia A. Eliae, City Clerk I, Loucriahia A. E1lia, City Clerk at the City at Baclnood, Colando, banb:, mrtif:, that the above ud fonpinc la a true copy of a Bill tbr an OrclimDce, iDtrodaced, read in full, and puwl OD Int !'WWI( OD the lat day oll>ecaabar, 1997. Louc:riahia A. B11ia -2- -~ .. -\ 'J • • 0 I • ,,,_ • • ·, • .. . -. • , • 0 Date December 1, 1997 Initiated By • • (, COUNCIL COMMUNICATION 10 a viii Staff Source Subieet Centennial Water Supply Temporary Agreement Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Prior Water Supply Agreement with Mission Viejo dated November 3, 1980. RECOMMENDED ACTION The Englewood Water Board, at their November 18, 1997 meeting, recommended Council approval of the Englewood-Centennial Temporary Agreement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood and Centennial Water and Sanitation District agree that the existing Water Supply Agreement could be improved by certain amendments to clarify the current agreement. This proposed agreement would allow Englewood and Centennial to negotiate a new agreement and establish a cooperative basis to amend or replace the existing agreement. A specific negotiation schedule is outlined in the agreement. This temporary agreement shall not amend or terminate the existing Water Supply Agreement. The price for deliveries of Monthly Schedule Water in the agreement would be increued to $372.00 per acre-foot beginning January 1, 1998. Centennial would allo be enlllled to the udl llive i-. of 15.5% of the storage capacity in McLellan Reaervolr. During this agreement no ratchet down provisions would apply when Englesuood would not make deliveries on echeduled waler. Alao addressed is the temporary exceu water , which would wil be available to Centel •• tor $85 per acre- foot . Another condition in the agreement is that if Centemial attempts to condemn any property, contract rights or rights-of-way of Englewood, then Englewood may terminate the existing Water Supply Agreement. ANANCIAL IMPACT Centennial would purchase temporary ucw .-r tor Sl5 per-ere fool Cenlelwlial will be biled monthly, due in full 30 days from date of invoice . UST OP ATTACHMENTS Propoud bill for an ordinance Englewood -Centennial Temporary AgrMmenl ' • 0 , - ORDINANCE NO. _ SERIES OF 1997 . ' .. • • • BY AUTHORITY I• COUNCll. BILL NO . 103 INTRODUCED BY COUNCIL - MEMBER_~~~~~- ABILLFOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR A TEMPORARY AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CENTENNIAL WATER AND SANITATION DISTRICT TO PROVIDE ADDITIONAL WATER TO CENTENNIAL UNTIL A PERMANENT AGREEMENT IS APPROVED. WHEREAS, on November 3, 1980 Eqlewood and Miaaion Viejo Company entered into an agreement, known u Water Supply Ap,,ement, effective January l, 1981, whereby Englewood would supply water to an area owned by Miaaion Viejo Company known u Highlands Ranch; and WHEREAS, Miaaion Veijo Company duly uaiped ita interest in the Water Supply Agreement to Centennial, SUCC811101' to Miuion Viejo Company; and WHEREAS, Englewood and Centennial qree that certain amendments would improve the uiatini Water Supply Ap,,ement and wish to enter into a Temporary Agreement at this time while they wort toptber to amend or replace the oripw Water Supply A,reement; and WHEREAS, this acr-ent pnmda far an increue in the amOWlt paid by Centennial for the water they c:urTeDtly purc:bue and provides for purchase of temporary uceaa water by Centennial. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, AS FOLLOWS: Sgtiqp 1 The attached ID~ Apwmct entitled "Bacl-ood- Centennial Temporary ApNment9, attacbad _.., aa -zzbibit A.•~ tbe City of Eqlewood, Colorado, and Centennial Water and Sanitation Diatrict ii approved. Sgtiqp 2. The Mayor ii autbariaed to mt. and the City Clerk to au.t and wl the Intersovernmental Acreement entitled "Eqlewood-Centanial Temporary A,reement• for and on behalf of the City al Bnil-ood, Colorado. Introduced, read in full, and paaaed on ftnt rNdinl on the lat day of December, 1997. -1- " - • • • 0 . . ', ...... , ]- • • • (, .. Publilbed u a Bill for an OrdinaDce CID the 5th da:, of n-ber 1997. Tbomaa J. Burna, Mayor ATTEST: Laucriahia A. Bllia, Cit:, Clerk I. Loaailbia A. Bllia, Cit:, Clerk of the Cit:, of Bapwood, Colando, i..b:, certify dlat the abcwe and fbnlaiDI ia a true cap:, of a Bill far a OrdiuDce, introduced. rwf in full, and pMNd CID flnt rwliDr CID the lit da:, of December, 1997. -2- ' ' • . ' • . • • 0 f --I - i. 2. • • • t• • .. DJGLBWOOD--~ 'l'Dl'OJlAaY IGIU'wlfflT This Temporar/ Agreement is entered into and becomes effective on this day of , 1997, between the CITY OF ENGLEWOOD, a Colorado municipal corporation ("Englewcod"l, and CENTENHllL WATER ABC SANITATION DISTRICT, a Colorado quasi-municipal corporation ( • Centemlial • l . Englewood and Centemlial are scmet:imes referred to collect:ively herein as "the parties•. On t:he thi=d. day of November, l.980, Englewood and Mission Viejo Company entered into an agreement:, which became ef::ect.:.ve January l, 1981, entitled •water Supply Agreement• wher~y, among ct:!ler t.:lings, Englewood was to supply water to an area owned by Mission Viejo Company known as !lighlands Ranch. Mission Viejo Company duly assigned its interest in the Water Supply Agreement to Centennial , which is the successor to Mission Viejo Company uncier t!le Water Supply Agreement and is bound by all the terms t!lereof . Englewood and Centennial agree that t!le value of the Water Supply Agreement: could be enhanced by cer1:ain amendments or clarifications or even by replacement with a new agreement. (No at:':empt is made herein to enumerate, desc:-i.be or resolve the ways in which the Water Supply Agreement could be so amended, clarified, or replaced. l The parties wish to enter into this Temporary Agreement so u to establish. a basis for cooperat:ive actions between the twc of them, while they wcrk toget:!ler in an at:t:empt to so aaand, clarify, or replace the Wate:-Supply Aq:'eement and to re90lve ot!ler water supply issues which are generally outlined below in Section 2. The parties agree to enter into and conduc-= geed faith negotiat:.:.ons to attempt to reach an agreement conce..""Uing the following issues on the followi.nq schedule: Item/Asncmcnt:s Opdate, review, prioritization, and discussion of negotiation issues and schedule City Ditch (i~cluding City Ditch permanence and City Ditch Pump Station improvement:sl ss;;;,c¢ule Decembe:-l.997 1st Quar:er 1998 M I • I T A • • 0 , ]- - 3. • 0 • '· Nevada Ditch (including revision of che Nevada Ditch Holding Company bylaws and lease of Englewood's Nevada Ditch capacity) Water deliveries (amount, price, location, and timing under Water Supply Agreement) OISD Mc:Lellan pump station planning, design and const:uction coordination Mcr.ellan and South Platte Lake storage under Water Supply Aogreement and 8/3/77 Water Le·ue and Management Agreement) Final a~ent (inco~oraces a.bcve items and other remaining issues in one or mere new or revised agreements) - 2nd Quart:er l.998 2nd Ealf 1998 During 1998 lst Quarter l.999 2nd Qua.rcer l.999 Other issues may presently exist or may arise during the course of negotiations. The parties' gcal i.s to resolve all i.ssues (not ju.st Water Supply Agr~t i.ssuesl pending during the course of aegctiations. PllTIIsX sa,pgr,g IIDI PIIcIYRIP IF a;c;s. During the term of this Temporary Agn-nt, !:ha followiag provisiona apply with respect to tba -car Jmcwn in !:ha Water Supply AgreeMnt u •Monthly Schadule Water•. BDqlncod shall continue to deliver Mcn.t!1l.y Schadule Water in ac:c:ordanc:e with paragraphs 2 . 2 and s . l of the Water SUpply AgrH!Nn.t. Payancs for Monthly Sc:hedul.e Water ahall. con.einue ac:c:ording to the sc:hedule provided. tor in tba Water SUpply Agree nt. The price for daliveriu of Monthly Sc:bednJe water for the duration of this Temporary Agre nt shall be $372. 00 per acre-foot beginning on !:ha first day of January, l.998 if this agreement becomes effec:t:ive. If for any reason En.gle,i,ood fails to daliver any part: of the Mcn.thly schedule Water in the aount and at !:ha time and location requi..-ed by the Water Supply Agnaaant, Can.tennial shall not pay for the &111Cunt which i• act sc dalivered; but there shall be no reduction. in the price paid for any Monthly Schedule Wate: which i.a properly dalivered. BDql.-ccd shall uae good faich e!foru to .inaure that Monthly Sc:hedul.e Water 2 ' ',.., •. • • 0 , I - ] • "' - • t• . • ' '· deliveries are uninter=i.u,ced. Englewood shall notify Cencennial as soon as possible of any problems in making such de-iveries. •· nm 1s,1s, or 1sts1H:N1 mua. Curing the ::e.rm of this Temporary Agreement, Centennial shall be enc.:.tled to the exclusive use of 15 .15% of the scorage capaci::y in Mc!..ellan Reservoir referred to in l?L..-agraph 2. 4 of t:he Water Supply Agreement; provided, however, Englewood shall have the right co use any unoccupied port:ion of said l5.l5t . After six rnonchs from the signing of chis agraemenc, any such por=ion of said 15. 15% used by Englewood shall be deemed •spilled• if Cencennial is subsequencly able to fill such portion. The wacer in st:orage in said 15.15% of the Mc!..ellan Reservoir capacicy as of che dace this agreement becomes effective shall be deemed co be held in the following ownersh.:.p percencage: 100% by Englewood. 5 • lffliLZNC9P' S TJIIPOBIBX n:c;us QTD.: SJlSIPS,IOII' or PIICDPVI·IP WATD, ADDfflQAL SURPL'O'S !ADI MP lr1'II nm CJT1991III• Cur.:.ng t!le ter:n of t.:iis Tempora..-y Agreement, the parties• rights and obligacions wicl: re~ect to Unscheduled Wacer, Adciicional Su..'"';)lus Wacar, and Extra Wacer under t:he Water Supply Agreement: are suspended anc replaced by the following ter.ns and conditions '"it:h re~ect co delivering wacer lcnown as Englewcod's Temporary Excess Water to Cente?Ulial. Englewood's "Temporary Excess Wacer• means wacer which Englewood dces not: need to supply ics own municipal customers or to provide Che Monchly Schedule Water or other contractual wacer delivery obligations. Some of the Temporary Bxc:us Wacer is available by delivery co McLellan Reser-10ir via the Elighline Canal . Some of the Temporary Exe••• Water ia available by diversion inco City Ditch at Chatfield Reservoir, and pumping into McLellan Reservoir. Some of t:he Temporary Excess wacer is or will be available by pumping or excbanga from the Mc:.9room Ditch termi.nus to Inglewood'• Onion Avenue forebay, f::-om there by pumping into City Ditch, for exeh•age in the ditch upstream tc t!le Mc.I.ellan lla.._""VCi:' pump station and some of the Tempora_ry !xcesa Water is a.vail&ble for di1rersion at On.::.011 Avenue, pumping to City Ditch, aa.d t:he foregoing exchange in the dicch upatnam to t:he Mc!Allm Reservoir pump scat:.on. Some of the Temporary !xcesa Water is dec:-eed for direct f.ow; some fer direct flow or storage; aa.d some must: be augmented, pursuant to a plan for augmentation. 3 ' ~ . ' • .. • • 0 I ,,. ~ , • • 0 • Centennial will pay all pumping costs for any pumping necessar/ t:o deliver to City Ditch Temporar.r Excess Water derived frcm sources at or near Onion Avenue (including Bear <:=eek water) . Englewood will pay all ocher pumping coses. Pumping coses will be reasonably calculated by Englewood, subject: to audit and review by Centennial, will be billed monthly, and will be paid in full 30 days from dace of Englewood invoice. If there is a dispuce over pumping coses, it will be resolved by arbitration as hereafter provided; but Centennial shall pay in full, 30 days f:rcm invoice date, regardless of any dispuce. Arr/ amount: refunded to Cent:ennial will bear i!lt:eresc at: n per annum f:'OIII date paid uncil date refunded. If the Temporary Excess Wacer is augmenced by Englewood, then Cencennial shall pay for the full amount of water deli•rered. If the Temporary Excess Wacer is augmented by Centennial, then Centennial shall pay only for the amcunt of Temporar.f Excess Water delivered which exceeds the augmentation water provided by Centennial. In addition to any applica.ble pumping coses, Cence!lllial shall pay $85 per acre-foot of Temporar/ Excess Wat~:r delivered (subject co the adjusc:nent for augmentation by Cencennial which is a.bove provided for). Englewood will bill monchly, and will be paid in full 30 days f=om dace of invoic;:e . Cencennia.l is not obligaced to take any Temporary Excess Water, and Englewood makes a.a war::ancy Chae Temporary Exe••• Water will be available when requ .. ced by Centennial. Centennial sh.all have exclusive f:...""St: righcs to use any available Temporary Excess Water. The parties will wcr!t out: a ccoperaci ve procedure whereby Centennial notifies Englewccd u far in advazu:• u is readily practical, of bcw much Temporary Excess Water Centennial desires to take, in what qu.antitiu, and at what flow ratu; in tw:n, Englewcod ahall notify Centennial u far in advazu:• u is readily practical of hew aau:h Temporary Excess Water Englewcod b.as available for delivery to Centamti.al. in what quancicies, and at what flow ratu. Englewcod will have tha first r i ghc to provide any necessary augmentation water; if Englewood declines to provide augmancacion water, than Cencen.nia.l may provide same. Englewcod will wcrk out a ccoperacive delivery procedure with Cantmmial. Whan Cencennial requescs water, Englewcod will endaavor to advise promptly u to whethar ic ant:icipates the requasced quant:ity and flew race will be available, subject, of cour••· to the • .. • •. .. • • 0 ' ]- • ,,,_ • t• . • ' vagaries of r::.irer condit::.ons, calls, weather, available e.~c!lallge capac::.:y , and other such var::.ables. 5 • HQ ll XAt l'!jD CCJWPD'l'+QN OP lffliiePOOP' S nsu,rmss · Centennial agreies that if dur::.ng the term of this Teimporary Agreement Centennial attempts to condemn any properi:y of Englewood, including without limitation (l l contract rights, (2) easements or rights-of-way , and (3) property in the name of, or rights to use car:iage capacity of, any mutual ditch company in which Engle'IIIIOod owns shares; which proper:y sought to be condemned is or may be used for the carriage or storage of water by Englewood, then Englewood, at its election, may te::'Tllinate either or bot!l the Water Supply Agreement and the •water Laase and Management Agreement•, originally entered into bet-..,een Englewood and t:he Cit:y of Thornton, dated August 3, 1977 {the interests of the Cit:y of Thor:i.ton having been conveyed t:o Centennial by mesne conveyances ). 1 • HQ V71C: w !ltDB mn,x wma-.; . a. This Temporary Agreement shall not allle!ld, construe or te::'Tllinat:e the Water Supply Ag:'9ement. By enter::.ng into chis Temporary Agreement, neither part:y waives any rights, or is released from any ol:lligat:ions, which it may have under the Wat:er Supply Agreement. Neither parey shall contend that the other is gu:.lty of laches or waiver in enforcing its rights under t!le Water Supply Agreement because of any action which is taken or not: taken with respect to the Water Supply Agreement while this Tempora..-y AqrH!Nllt: is in effect. Failure co deliver Monthly Schedule Water during the Temporary Agreement shall net be deemed to be suc!i a failure under the Water Supply Agreement. The period during which this Temporary Agreement is in ef!ect shall not be counted in dete~g whet:her any statute of limitations applies to any breach or uaerted breach of t:he Water Supply Aqreement. Neither party shall commence any action in any court conceming the Water Supply Aqreement while this Temporary Agreement is in ef!ect. Neit!ler party shall take any action to termillate or enforce the Water Supply Agreement while this Temporary Agreement is in effect. TIP MR x111rnnC11 or ms TIIP9ltr ww,er. This Temporary Agreement: shall become ef!ective on the day of , 1997, and shall automatically te::'Tllinate &t tha end of the day of ~~-,-,.... ..... ~~-.-~~-' 2000 , im.l.e•s •ooner t:erminated u provided llereu:-:er . Either party may terminate this Temporary 5 ..... • • 0 r ,. • • • 0 t• • Ag=eemenc on the date which is 90 days after the day when a writ:t:e.'l notice of t:ermina.cion is deli•rered t:o the ocher part:y . Open t:e:.ninacion of this Temporary Agreemenc, t:he patties shal_ recur.1 t:o t:he Water Supply Agreement, consistent with t:he uncierscanding ccntaj,ned in the preceding paragraph, unless the panies have entered int:o an amended water supply agreement or have replaced it: with a !leW one . Except as provided below, any and all disputes ar:.sing under or related co this Agreement which camicc be resolved t:hrough negotiations bet:..,een the parcies shall be su.bmit:ted to binding ar.::,it:rat:ion. If the par.:ies fail t:o reach a set:tlemenc of their disi,ute within fift:een (lSl davs after the earliest date upon wllic·h one of the pa_-i:ies noci!ied the ocher(s) of its desire t:o at:temcc to resolve t:he disi,uce, t:hen the disi,ute shall be promptly submit:ted to ar!:iit::-acion by a single arbicracor through the Judicial Arbit:er Group, any successor of ~he Judicial Arbiter Group, or any similar arbic:-ation pr:ivider who can provide a former judge t:o conduct such arbit::-aeion if JAG is no longer in exiscence ( •JAG• l . The ar.::,i ter shall be selected by JAG on the basis, i.: possible, of his or her e."q)enise in the subject mact:er(s) of t:he dispute. The decision of the arbit:racor shall be final, nonappealable and binding upon the par:ies, and it may be encered in any court of competent jurisdiction. The arbitration shall take place in the of::ices of t:he JAG. The arbitrator shall be bound by t:he laws of the Stace of ~lorado applicable to the issues involved in Che arbitration and all Colorado rules re.lacing to the admissil:lilit:y of evidence, inclu~g, wiehcut limitacion, all relevant pr:.vileges and the attorney work product doctrine. All discove:y shall be complet:ed in accordance with the time limi:ations prescril:led in the Colorado rules of civil procedure, unless othar¥ise agreed by the parcies or ordered by the arbit:-ator on the baais of strict necessity adequately demonstrated by the ~ requesting an ext en.ion of time. The arbitrator shall have the power to grant equit:able relief where applicable undar Colorado la.w, and shall be entitled to make an award of punit:ive damages when applicable under Colorado law . The arbit::rator shall issue a writt:en opinion setting for-eh h.is or her decision and the rea•ons therefor within thi:'1:y (30) days aft:er the arbit:ration proceeding is concluded. The obligation of the parties to submit any diSl)Ute arising under or related to th.is Agreement: to ar.!:>it:-ation u provided in ch.is S9':tion shall surrive t:he expiration or earlier tar.ninacion of this Agreement:. Not:·.11ithscanding the foregoing, either patty may seek and octain an injunc::::.on or other appropriate relief from 6 •. • • I - - • .... • " . • ' .. a court ta pmerve or protect trademarlca, tradea•mes, capyrighes, patm:u:., tr.Ida aec:rets ar other intellec:tual praperty or prapriet:azy infarmaticm or to preserve the status qua with reaped: to ;my a.tter pending conclusion af the arbit:ratiaa. pxoc...,1 ng, bl1C no auch applicacicm to a court ahali in any way be pm:mitted to atay or othaJ:wi.se impede the prog:u• of tm a:bit:ratiaa. pzc:.cNlii ng. · IA tm e9'9l1t of uzy arbitz:aticm or licigaticm being filed or inacituted bel:WNll tlla puti.. c:oacamiaq this Agnrrtnc, the pra,,ailing ~ will be entitled to receive fLom the other party or partiu ita attoLDaya' t ... , witaea• t ... , coats and encpm1 ... , c:ourt caau am otl2er naaan•ble expca .. , wbether or not auch c:cmt:%Oftray, claim or ac:ticm is proNCUted to judgeent or other foza of relief. CIT!' OP IIIGLBIICOD By ______________ _ ArrBST: ly ____________ _ &ffSST: 7 6' - . , • . .. • • 0 , ORDINANCE NO. SERIES OF 1997 <. • • BY AUTHORITY COUNCIL BILL NO. 101 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 5, CHAPl'ER 38, SECTION 5, ENGLEWOOD MUNICIPAL CODE 1985, TO PROVIDE FOR CONCURRENT REVIEW BY THE ENGLEWOOD LIQUOR LICENSING AUTHORITY AND THE STATE OF COLORADO LIQUOR ENFORCEMENT DMSION OF NEW LIQUOR LICENSE APPLICATIONS IN ACCORDANCE WITH THE STATE OF COLORADO LIQUOR CODE REGULATION. WHEREAS, 'nle State of Colorado Liquor Code Rep1ation 47-137.1 (now 47-324) became eft'ective December 1, 1996 permittiq the State to review an application at t.be aame time u the local authority for an additional fee af $500.00 thereby saving the applicant time; and WHEREAS, amending Title 5, Chapter 3B, Section 5, En,lewoocl Municipal Code 1985, will allow thia concurrent review; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5t¥;tioo 1. Title 5, Chapter 3B, Section 5, Englewood Municipal Code 1985, ii hereby amended by adding a new paragraph H to read u followa : 5-38-5: Fe.: H. CONCURRENTREVIEW SII00.00 Introduced, read in full, and puaed on tint nadint on the 17th day afNO¥alber, 1997 . Publiabed u a Bill for an Ordinance OD the 2ht day af N.,..._, 1997 . Read by title and puwl Oil ftnal rwlinc Oil the lat day af 0.-ber, 1997. Publiahecl by title u Ordinance No . _. Serial af 1997, on the 5tb day of December, 1997 . Tbamu J . Burm, Kayur ATTEST : Loucriahia A. Ellil, City Clerk • I 10 b i .. • • 0 ~ I - - • • ,. • · ... • <, ... " I, Loucriahia A. Ellis, City Clerk of the City of Enpewoocl, Colando, hereby certify that tbe above and forepiJll ia a true copy of the Ordinance pueecl on ftnal readin, and publiabed by title u Ordinance No. __. Seri• of 1997. -2- -- • ' - .. • • 0 r I Date December 1, 1997 Initiated By • 0 • COUNCIL COMMUNICATION 10 Ci Staff Source SUbfect Collective Bargaining Agreement between the City and the EFFA for 1998 Department of Administrative Services Tom Kershisnik, Acting Director of Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Council for 1997. RECOMMENDED ACTION Staff requests Council approval of the 1998 Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood. The contract covers approximately 50 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 1997 ,n accordance with the City of Englewood Charter. The members of the Englewood Fire Fighters Association duly ratified, by a majority vote, the Collective Bargaining Agreement. The significant changes to the contract are as follows: 1. Under Article 8, page 5, employees covered by the Conlrac:t wll receive a three and one-quarter percent (3.25%) increaae on the 1997 bue wage rate effec:1lve January 1, 1998. 2 . Article 33 on page 21 was added to the contract to addrN8 the State of Colorado Death and Disability Contribution. Effective January 1, 1997, the State transferred responsibility for the funding of this benefit to local jurisdictions. The contribullon is required for al new hires after January 1, 1997. The City and new Fire Fighters wll each be reeponsible for 50% of the contribution. This amounts to 1.2% of groea pay for each party. FINANCIAL IMPACT The impact of the salary increase on wages, and beneflla impacted by wages, is approximately $93,000 for 1998. The impact of the State Death and Disability contribullon is approximately $450 per new hire. It is projected that there will be three new hires in 1998. The aggregate cost of the contribution will be leas than $1,400. UST OF ATIACHIIENTS Proposed resolution EFFA Collective Bargaining Agreement for 1998 • • 0 , I - J RESOLUTION NO. _ SERIES OF 1997 . . • • • A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1998 THROUGH DECEMBER 31, 1998. WHEREAS, the previoua Collective BarpiniDc Contract with the Englewood Firefipters Local No. 1736 wu for the ,-r af 1997; and WHEREAS, the City of Eqlewood and the Englewood Finftabten Local No. 1736 entered into negotiations on May 115, 1997, in accordance with the Enclewood City Home Rule Charter; and WHEREAS, the members of the Eaclewood Finlficbten Local No. 1736 duly ratified, by a majority of the members, the CoUectiYe Barpininc Contract; and WHEREAS, approval by the Englewood City Council of the Collective .Bargaining Contract between the Englewood Fire8pten Local No. 1736 and the City of Englewood for the year of 1998, i.a hereby given; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Soc;tjgp 1. The City Council of the City afEnpwood, Colorado hereby approvea tbe Collective Barpininc Contract batwam the Bqlewoocl Fin8pten Local No. 1736 and the City afEnpwood filr the pariocl af Jmaary 1, 1988 tbroap 0-ber 31, 1998, at:tacbad hereto u Ezbibit A. 5ec;tjqp 2. The Ya,or and tbe City Ciak an--, audlariad to lip and au. the Collective Barpininc Contract batwam the lqlawood ~ Local No. 1738 and the City of Eqlewood, Colorado, for the ,-r af 1988. ADOPl'ED AND APPROVED dlia lat day afO.-bs, 1997. ATTEST: Louc:riabia A. Ellia, Cit:, Clerk I, Loucriabia A. Ellia, City Ciak filr the Cit:, af .,..._., Calando, banb:, ca1:ify the above ii a true cop:, of R.-olutiGD No ._ S... af 1117. .. • • 0 I ..., I • ~ • ~ • ' .. COll.ECTIVE BARGAINING CONTRACT BE"l'WEEN lHE ENGLEWOOD FIRE FIGHI'ERS LOCAL 1736 AND nfE aTY OF ENGLEWOOD FOR lHE YEAR 1998 " -. ' • X " I • I T A • I . ' .,: • • 0 , I • -. . , ]-• • I• • <. INDEX ARTICLE 1 RECOGNITION Page 2 ARTICLE 2 EMPLOYEE RIGHI'S Page 2 ARTICLE 3 BUllETIN BOARDS Page 3 ARTICLE 4 DUES DEDUCTION Page 3 ARTICLE s RULES AND REGULATIONS Page 4 ARTICLE 6 DURATION OF CONTRACT Page 4 ARTICLE 7 HOURS OF WORK Page 5 ARTICLE 8 COMPENSATION Page s ARTICLE 9 OVERTIME Page 6 ARTICLE 10 ACTING PAY Page 9 ARTICLE 11 ANNUAL LEA VE Page 9 ARTICLE 12 PERSONAL LEA VE Page 10 ARTICLE 13 DISABIUI'Y -TEMPORARY Page 11 ARTICLE 14 DISABILITY -ON-nlE-JOB INJURY Page 12 ARTICLE 15 MILITARY LEA VE Page 12 ARTICLE 16 FUNERAL LEA VE Page 13 ARTICLE 17 JURY DUTY AND wrrNESS SERVICE Page 13 ARTICLE 15 HOLIDAYS Pap 13 ARTICLE 19 VOTING LEA VE Page 14 ARTICLE 20 1RADING l1ME Page 14 ., • ARTICLE 21 LEA VE wrraour PA y Pqe 15 • • i 0 f __ I • -•, • •· -... ... INPEX (CONTINUED) ARTICLE 22 UNIFORMS Page 15 ARTICLE 23 AUTOMOBILE All.OWANCE Pase 16 ARTICLE 24 INSURANCE Page 16 ARTICLE 25 DENTAL INSURANCE Page 17 .. ARTICLE 26 mE INSURANCE Page 17 ARTICLE 27 RETIREMENT BENEFITS Page 17 ARTICLE 28 IAYOFF Page 17 ARTICLE 29 EDUCATIONAL INCENTIVE Page 18 ARTICLE 30 SETI1.EMENT OF DISPUTES Page 18 ARTICLE 31 SUPPLIES Page 21 ARTICLE 32 DRUG TE5I'ING AND PHYSICAL FrrNESS Page 21 ARTICLE 33 DEA11i AND DISABD.ITY ASSESSMENT Page 21 ARTICLE l' EXC.USIVENESS OF CONTRACT Page 22 • • ii 0 '---I • • • COLLECTIVE BARGAINING CONTRACT BETWEE!'l' THE ENGLEWOOD FIRE FIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEAR 1998 This contract is entered into by and between the City of Englewood (hereinafter referred to as the "City") and the Englewood Fire Fighters (hereinafter referred to as the "Union"). It is the purpose of this contract to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. E.,:cept where limited by express provisions elsewhere in this contract, nothing in this contr.ict shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the State of ColoradQ and the City's Chaner and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The determination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. ~ B. The right to assign working hours, including overtime. C. The ript to establish, modify or change work schedules, manuing of appar:uus, amount o{ appar:itus in the main or reserve fleet, etc. D . The right to direct the members of the Fire Department including the right to hire, promote, transfer or discipline or discharge for cause, any fire tighter within the Fire Department. E. The table of organization of the Fire Department including the right to organize and reorganize the Fire Department in any manner it chooses, including the size of the Fire Department and the determination of job classificuion and ranks based upon duties assigned. F . The determination of the safety, health and property protection memure for the Fire Department. .. • • 0 I I • ,,,_ • t• · ... - '· G. The allocation and assignment of work to all fire fighters within the Fire Department. H. The determination of policy atfec:tiq tbe selection or training of fire fighters. L The scheduling of operaliom and tbe determination of tbe number and duration of hours of assiped duty per week. J. The establishment. discoatinuaace, modification and enforcement of Fire Department rules, rqulations and orders. K. The transfer of work from one position to another within the Fire Department. L The introduction of new, improved or different methods and tec:bniques of operation of the FU'e Department or a cbaqe in the existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of fire fighters within each rank. 0. The determination of the amount of supervision necessary. ARTICLE 1. RECOGNITION The City recopuzed the Union as the orpaizltion c:enified pursuant to the Charter of the City of Enpewood. as the sole and exclusive collectift bupiniq agent for all full. time classified EJl8lewood FU'e Fighters indvcting Fn Fighter, Omer-Operator-Engineer, Fire/Medic and Ueutenant. ARTICLE 2. EMPLOYEE RIGHT'S A. A full-time classified employee covered by this contract shall hPe the right: 1. To form, join, support or putic:ipale in or to refrain from forming. joining. supponin& or participating in any employee orpomtion or ics lawful activities; and 2. Bargain c:ollecti'lely through tbeir ceni&ed employee representatM. 3. No employee shall be interfered with, resttaiaed. coerced or discriminated against bec:wse of the exercise ~ tbele riplS aor shall the ri&bt of an individual employee to discuss employment coacerm with the Oty be ~ upon. 2 -. ,,,.. ' . ' • - • • 0 I I • • . , . • ARTICLE 3. BULLETIN BOARDS A. The City agrees to provide space in the fire station for Union bulletin boards which shall be properly maintained by the Union. They are to be used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of Union committees. 4. Rulings of policies of the International Union. 5. Recreational or social affairs of the Union. B. The union agrees that there shall be no other general dismbution or posting by the Union or employees upon City property, provided, however, the Director of Safety Services may permit other material not provided for above at his/her discretion to be posted or distributed. The material posted shall not contain anything reflecting derogatorily upon the City, any of its employees, or any other organization of City employees. The City agrees that during working hours on City premises and without loss of pay, Union members may be allowed to: attend Union and/or management meetings. post Union notices, solicit Union membership during employee's non-work time, and one on-duty representative will be allowed to assist an employee on grievances, or appeals, provided advance notice is given to the Director and the work load permits. ARTICLE4.DUESDEDUCTION A. The City agrees to deduct the Union dues twice each tnonth from the pay of those employees who individually request in writing that such deductions be made. subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Union,, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract. upon a thirty (30) day written notice by the employee to the City Fmance Director. B. Deduction shall be made from only two (2) payments of wages each month, except that if wages are not paid an authorized employee on the last payday of a given month, deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly City payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not actually working for the City and acrually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Tre:isurer of the Union. C. The Union shall indemnify and hold the City harmless against any and all claims, suit, orders or judgment brought or issued apinst the City as a result of any action taken or not taken by the City under the provision of this Article. 3 ' • • 0 ' I - • • ,,,_ • I • . • ' D . Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided to the City F"mance Director. E. Should the change in the deduction amount or method require a computer prosra,mmi.ng change, the Union shall be respoDSlble for that cost of such change or cbanges. at $30.00 per hour with a four (4) hour maximum. Payment &om the Union shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the Oty retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure. B. The City agrees to consult with the Union concerning the formulation of c:ban&es of rules and regulations, policies, procedures and directives. ARTICLE 6. DURATION OF CONTRACT A. This contract shall take effect on January l, 1998, and shall continue in force to and including December 31. 1998. B. This contr.1ct or any pan of it. may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this comrKt should be held invalid by operation of law or the District Court. or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this comract shall remain in full force and effeet, and the parties shall promptly meet and confer for tbe purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties aaree and understand that provisions re1atiD& to employees covered by this contract shall in no way displace or modify present or future statutory c:ase law of the State of Colorado . E. The parties aclcnowledp that durin& nqotiations which resulted in this contract, e:ich had the unlimited right and opportunity to make demands and propoa1s with respect to any subject or matter appropriate for meetiDp and to confer and haw discussions and that the understandings and agreements armed at by the parties after this exercise of that right and opponunity are set forth in this comract. 4 • . .. I· • 0 , - - • ,. • • .. ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift wort. the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basis of Berkley system. B. Employees assigned to non-shift work shall normally be scheduled for an average of at least forty ( 40) houn of work in seven (7) c:omec:utive day reoccurring work cycles. C. It is specifically understood and agreed that nothing herein shall be constrUed as guaranteeing employees a rnioimnm or maximum number of hours per day or per week. D. 1be work schedule may be cbanged by the Director of Safety Services provided a mioirnurn nine (9) days advance notice is given. Work schedules may be c:banged without advance notice in the case of emergencies as detennmed by the Director of Safety Services. ARTia.E 8. COMPENSATION A. The salary schedule that becomes effective on January 1. 1998, is as follows, and reflects an increase of 3.25% over the 1997 salary schedule. Regular Straight Premium or Tune Hourly Overtime Rate .RatA.. Monthly amlll Firefighter (probationary) $10.78 $16.16 S2.61S.OO S 31.380.00 Firefighter m 12..."7 18.40 2.m:i.s 35,727.00 Firefighter U 13.50 20.24 3,275.00 39,300.00 Firefighter I 14.85 1:L"1 3,602.50 43.23().00 F1temedic U 14.85 Z1I1 3.60Z.SO 43,230.00 FU"ernedic I 16.33 24.50 3,962.75 47.553.00 Driver /Operator/ Eopieer 16.33 24.50 3,962.75 47.SS3.00 Ueutenant 17.96 26.94 4,359.08 52,309.00 s . ' .. ... • • 0 -- ' '~' I • • •, • B. (1) The pay rate for Driver Operator Engineer is 10% more than Fll'e Fighter L The pay rate for lieutenant is 10% more than the rate for Driver Operator Engineer. (2) The base wqe rare for FIJ'e Fighter II is ten percent (109&) below the base wage rate for FIJ'e Fllhter L The base wage rate for FIJ'e Fllhter m is ten percent (109&) below the base wage rate for Fae Ftgbter IL (3) In no evem shall an empio,ee's base wage rate be reduced for the year 1997. C. The compensation fiaures identified in Paragraph A above are based upon the number of rqu1arly scheduled hours per month and per year indudioa overtime, and are not adjusted for because of tbe city's biweekly pay system. The methodology used in determining the hourly, premium/overtime. moath1y and annual compensation is comained in Appendix B attached. D. The hourly rate set forth above is the employee's straight time hourly wage rate for the purpose of computiq premium/overtime compensation. The annual compensation reflected in Paragraph A above includes compensation for sdleduled overtime. E. In the event the seventy-two (72) hour work schedule based upon a nine (9) day reoccurring work cycle identified under Section 7(k) of the Fair Labor Standards Act is adjUSted or amended. the hourly wage rate identified in Table 1 shall be adjusted so that the end result shall continue to reflect an annual gross compensation u identified in Paragraph A F. Effective January l, 1988, in addition to their regular hourly wage rate, qualified employees holding the rank of firefiahter who are mipect and authorized by tbe Fire Chief to perform on a regular basis Fue Medic duties shall receive a ten (1~) percent wage increase over and above the affected employees' replar hourly wap rue. G. In addition to their regular hourly wage rue, shift fire imatipton assigned and authorized by the Director of Safety Services will receive $100.00 per month or its hourly wage rate equivalent. ARTia.E 9. OVERTIME A Standard Owrtimc. 1. Upon determination that the reporting of usigned personnel to the duty shift is below the City established level. the call to off-duty personnel for ovenime will be made. 2. Non-exempt employees covered by this contnct wortana in positions other than their acma1 rank are c:owued in actins capadty. (n the ewnt requirements necessitate positions be filled with ICtUal rant. personnel of said rank will be ordered in. 6 . ' • • 0 I - • • 6' ~ ,. • . • ' ... 3. Non-exempt employees covered by this contract shall receive ovenime compensation for work performed over and above the assigned work schedule. Any overtime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. All ovenime compensation shall be calculated at time and one-half (1 1/2) of the employees regular wage rate. 4. The person working overtime will be paid aaual bows worked for that position which be/she fills. The method used to select Ftre Fspters to work overtime situations will be contained in proc:edures published by tbe Director of Safety Services. The procedures will provide a fair and equitable distribution of ovenime. The procedure will contain a selecrioa process whereby an eligible individual will not forfeit bis/her position in the selection process if: less than a twelve-hour block of time is worked; if the employee is sick or oa annual leave; or if this would require the employee to work sevemy-twO (72) coasecume hours, or more. Refusal for sickness will be accepted only if the employee was absent the last duty day due to illness or temporary disability leave. Annual leave is the period of time from the end of the last day worked until the employee returns to duty. However, if an employee is on ammal leave, he/sbe bas the option to work OD any but bis{ber OWD shift. 5. If no off-duty personnel wish to work, the Shift Commander will order in the first person he/ she contacts following the normal rotation. If the overtime person is not at the assigned station by 0700. the person off duty will automatically be given one (1) hour overtime, miaimnrn and thereafter in half ( 1/2) hour increments. 6. If at any time durm& the shift the absent penonnel retunJS to duty, the officer in cbar&e will relieve the penon womJII that overtime positioa. The person womas the overtime will be paid a arinumm of two (2) bows worked. If more than two (2) hours are worked, bis/her time will be computed to the nearest next half (1/2) hour. 7. No one other than the Director of Safety Services. the on-duty Shift Commander, or acting Shift CornrnaodM, Union representative, at the request of the employee, with the employee and management personnel present, shall have access to or review the overtime cards. Any person not following this policy or found wnperiag with the file will be subject to disciplinary action by the Director of Safety Services. B. Emergency Ovenime. 1. Emergency overtime is defined as :i multi-alarm situation or disaster where more than nonnal truUllling is required and IDUSI be authorized by the Direaor of Safety Services. 7 --~L . , • .. • 0 ]- - • • • • .. 2. When non~mpt employees covered by this contract work overtime on an emergency call back basis. that overtime shall be computed on a forty ( 40) hour duty week wqe basis. C. Combined overtime. 1. When a DOIHUlllpt employee covered by this contract is worlcmg a SWldard overtime shift and responds to an emergency with other employees called an emelJBIXY overtime. be/she will be compensated on the emergency overtime basis during the period of that emergency. D. Compensatory Tame. 1. Compensatory time including unused personal ~ holiday time and overtime hours may be accumulated as compensatory time up to a maximum of 150 bows. 2. Am,mulated compensatory hours may be cashed out for pay subject to a m11inmrn of 75 hours per year. 3. Al any time during the year at the City's option any compensatory time accumulated by an employee in excess of seventy-five (75) hours may be cashed out for pay at the employee's regular hourly wage rate. 4. Employees must notify the Department by October 1 of each year, of their intention of receiving compensatory pay in lieu of time off. Payout for compensatory time hours accrued will be based OD the total aurnber of hours OD record as of October 1 of each year. 5. The use of compensarory time off shall be determined by the needs of tbe Department and taken at times approved by the Director of Safety Semces. 6. (a) Al tbe employee's option. compensatory time indndia1 unmed personal leave hours and holiday hours shall be tramferred imo a compemauxy time bank subject to D.l above or paid out at tbe employee's replar hourly -. rue. (b) Al the employee's option. any overtime hours accrued may be transferred into the c:ompensaroiry time bank subject to D.l above or paid OUL 7. All compensatory hours in acess of 150 will be paid or taken in time off at the discretion of the Director of Safety Services. . , .. • • 8 0 -----.-.. ...... ' , - ] • • • ARTICLE 10. ACI'ING PAY All acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay. The employee must be in the position three (3) c:onseaitive shifts before the employee becomes elipble for acting position compensation. Such pay shall be retroactive to the first day the employee asP1mes respoDS1bility of the position. Acting assigmneuts will be made according to the following procedure: Actin& p o,E, FIJ'St Priority -Eligibility List Second Priority -Check-off List Third Priority -Fire Fighter m Fourth Priority • Fire Fighter II Acrin1 Lt, FIJ'St Priority • Eligibility List Second Priority -DOE/Fll'e Fighter m Third Priority -Fll'e Fighter II ARTICLE 11. ANNUAL LEA VE A. Shift work employees shall be entitled to annual leave according to the following schedule: Hourly Annual Am11rn1lation Total Pcr;Momh Hmm .Sbifll 13 hours 156 6.5 15 180 7.5 19 228 9.5 21 252 10.5 23 1:16 11.5 In order to qualify for amw.al leave credit during the month. the employee must have worked at least oae-balf (1/2) of tbe wortms days of that month e:sductia1 authorized paid leave. Annual ~ sball aoc be sramed to any employee until be/she bas been in the employ of the City for at least one {l) year unless otherwise authorized by the Director of Safety Services. 8. The maximum aa:uJDldarioa of annual leave shall be two {2}"times the employee's normal annual leave amnrndatiou. 9 ........ " I' '"I~ • • 0 ' ]- • • "' -• • • C. Method of Selection -The selection for use of annual leave shall be by seniority. Tbe first round of selection begins by those employees with greatest senitJrity choosing fim and tbese with less seniority choosing last. The second round of selection will begin with those haviq les5 semoriry dwo5ing first and those with more seniority choosing last. D . Use -The schedule for use of annual leave shall be determined by the needs of tbe Depanmem. Ammal leave shall be taken at a time comeniem to and approYed by the Oirec:IOr « Safety Semces. E. Ammal Leaw Pay -The rate of annual le:lve pay shall be the employee's regular straisbt time hourly rue of pay for the employee's regular job and charged on a working hour basis, excluding regular days off. Ammal leave shall be allowed only to the total hourly amount accumulated at the bqinniDg of the leave, as verified and authomed by the Director of Safety Selvices. Employees may receive their annual la.e pay, provided the employee makes a written request to their supervisor and approved by the Director of Safety Services fifteen (15) calendar days prior to the SWt of their annual leave. F. Minimum Usqe -There shall be a one (1) shift minimum use of amwal leave time for shift workers with the folJowina exception: If an employee covered under this c:omract has used all of the personal leave provided to him/her for the year, the employee may use annual leave of less than one (1) shift as approved and authorized by the Director of Safety Services or the Director's designated representative. G. AmlUal leave P:iy Upon Separation -AJJ'f employee who is separated from the service of the City, i.e .. retirement, termination or layoff. shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE 12 PERSONAL LEA VE Effective January l, 1988, all shift work employees covered by this conttact shall be granted ninety-six (96) hours of personal leave with pay which an employee is entitled to use for the following purposes: A Tune lost as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. C. Leisure time. For any employee who has not used the ninety-six (96) boun of personal lave. the Oty will compensate said employee for the unused time at tbe employee's replar wqe rate to be paid in the second pay period in November of each year. Personal leave time shall not m:eed ninety-six (96) hours nor shall it be ammnalated or c:mied over from one year to tbe next. In the event of illaess/injury in which personal 1eave is requested. tbe empio,ee shall notify bis/her supervisor u least one (1) hour prior to the employee's scheduled reponiJII time. 10 ------ .. • • 0 - • • • t• • At the employee's option. unused personal leave hours as described above may be transferred into the compensatory time bank subject to Article 9.D or paid out at the employee's regular hourly wage rate. ARTia.E 13. DISABlllTY -TEMPORARY (NON JOB RELATED) A. Definition -Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. B. Provision -During the life of this contract, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent (100%) of the employee's regular wage up to one hundred twenty (UO) calendar days/forty ( 40) shifts. C. Temporary disability leave shall not be acaurndative except that on January 1 of each year, the City shall restore one buDdred percent {100%) of the number of days/shifts used by an employee during the preceding year up to a muim•m of sixty (60) days or twenty (20) shifts. D. Utilization. 1. Authorization for temporary disability leave with pay shall only be granted after the first shift/day of disability. 2. Authorization for temporary disability shall be granted for the following reasons: a. Dlncss or injury of the employee not service coanected. including maternity. E. Sick Leave Option -All sick leave accrued by employees prior to January 1. 1980, shall vest with the employee, and may be used in the followin& nwmer: 1. After the one hundred twenty (120) days/forty (40) shifts u descnbed above have been used. unless the employee is entitled to retirement as a result of disability . 2 . By cashing in all accrued sick lave accumulated under the previous plan upon normal retirement from the City at the rate of one (1) hour's pay for each two (2) boun of accrued sick lave u the employee's regular rate or one (1) hour's pay for each four (4) hours upon separation from the City. 3. By c:IShing in accrued sick leave UDder the pnMOUS plan. once each ye:ir at the conversion rate of four (4) hours sick leave for one (1) bour pay, not to exceed :,. conversion of more tban four buadred (400) bours each ye:ir. 11 .. ., • • 0 , I ]- • • • • F. Reponing of Temporary Disability -The employee or a member of the employee's household shall notify the employee's Shift Commander at le:ist thirty (30) minutes prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their Shift Commander prior to the beginning of the employee's work schedule. The employee's Shift Commander may waive the reporting requirement depending upon the circumstanc:es surrounding the temporary disability. G. Verification of Disability -An attending physician's statement will not be necessary unless required by the Director of Safety Services. If the Director requires the employee to see a physician , the City will pay the cost of such examination and/or office visit. H. Abuse of Temporary Disability -Abuse of temporary disability occurs when an employee misrepresems the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 14. DISABll..ITY -ON-TIIE-JOB INJURY A. For any on-the-job injury which c::wses any employee to be absent from work as a result of such injury, the city shall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence. less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinations by City-appointed physicians at the City's expe~ or under the provision of workmen's compensations or the retirement/pension provision as provided under State statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or before tbe employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. ARTICLE 15. MILITARY LEAVE A. Any permanent or probationary employee who enlists or is inducted into the military, !Ulval. air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first. and for one (1) year thereafter . 8. Acy employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or coastituted under the State or federal law, .sh:ill be entitled to a leave of absence from his/her employment without loss of pay, seniority, status, efficiency rating. vacation, sick leave or other benefits for all the time when he/she is engaged with such organization or component in training or active service ordered or :iuthorized by proper authority pursuant to law, whether for Swe or federal purposes. but not exceeding fifteen (15) days in any c::alendar year. Such le:ive shall be allowed 12 I· • 0 f_ I - ] • • • •, • in case the required military service is satisfactorily performed, which shall be presumed unless the conuary is established. C. Such leave shall not be allowed unless the employee returns to his/her public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave. unless he/she is prevented from so remming by physical or mental disability or other cause not due to bis/her own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B and C above. the City shall provide full pay to an employee granted military leave, less w~r compensation the employee may have received by the military for such service. -ARTia.E 16. FUNERAL LEA VE The Director of Safety Services shall grant le&ft with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circ:umstances of the case. but shall be at least one (1) shift and in no event shall they exceed three (3) of the employees regularly assigned shifts. For the pmposes of this section ·employee's family" shall mean the employee's spouse, or the children. grandcbildren. parents, grandparents, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City. ARTia.E 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for semJ11 oa jury duty or u a wimess in bis/ber official capacity in obedience to a subpoena or direclima bJ lep1 audlority. ffe/sbe sball be entitled to the difference between bis/her repJar compensation and the fees rec:eMd for jury duty or as a witness. When be/she is subpoenaed II a wimess in pmue litiplion to testify, not in bis/her official capacity but as an individual. the time absent by reason thereof shall be taken as accrued leave or leave without pay. ARTia.E 18. HOUDA YS A. (1) Beginning January 1. 1989, shift work employees covered by this CODtt1Ct will be eligible for seventy-two (72) boars of holiday time-off or pay. (2) The payment for holidays will be IDlde the first pay period in December of each year based on the employee's repJar suaipt time hourly wap rue. Employees must notify the Department by Ocrober l of each yar, of their intention of receiving holidays pay in lieu of time otf. 13 • I •, .. • • 0 ]- ] c;.;==a • • • • .. (3) For employees to be eligible for holiday pay/time off. the employee must have worked at least one-half ( 1/2) of the scheduled boun each month excluding authorized paid leave. ( 4) Holiday pay for termimtiq and new hire employees will be determined on a mombly pro rm. basis. (&ample: If an employee retires on June 30. 1989, the employee is eligible on a mombly pro rm. bail for six (6) months or one-half (1/2) of the seventy-two (72) boars holiday benefit) (5) At the employee's option. holiday hours as described above · may be tramfened into the c:ompematOly time bank subject to Article 9D or paid out as the employee's regular hourly wage rate. B. Forty ( 40) hour employees will not be eligible to rec:em: a holiday pay cashout. but shall receive the days off on the eleven (11) officially rec:osmzed City holidays provided the employee bas actually worked or bad approved paid leave on the day irnrnectiately prior to and followiDI a holiday UDless otbenrise approved by the Safety Director. A shift work employee wbo is wiped to a forty (40) hour agipmem during the course of the year will be paid tbe pro raia boliday pay c:asbout at tbe end of that year for the period that be was on shift work. ARTia.E 19. VOTING LEA VE All employees will be allowed a reasonable time off as.authorized by the Director: of Safety Services without loss of pay to vote. 'Ibis time will be used by the employee only to vote. AR'na.E 20. TRADING TIME ~;":':rem:.. i:== ':, s:m=appt~ :~= c'o,,,-:;1,:.t n! employee subaimq shall be ,eapomible to work tbe scheduled sbift 811d any alllence shall be dwpd lpUllt that empio,ee. AJJy request for substitutes sbaD be siped by bodl f"'ue F'ipten and approval of the Shift Commnder shall also be in writiJII. B . Tradiq time sbaD be .,.._ by tbe foDolriDa criteria: 1. The tndias ol time is done talumarily bJ die e,n¢osw pan:ic:ipatiq in the trade. 2. The reason for tndias time is due to tbe employee's desire or need not bec:wse of f"'tre Depanment operadom. 3. If a trade request ii denied by a Shift Commander, the Shift Commander shall provide a written statement to tbe reqaesan, employea. with the reuon for denial of the request. 14 -----. ' ' ' • . .. .. • • 0 I • • I• • ,. ARTICLE 21. LEAVE WITHOUT PAY EH aihUity Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of tbe City, settlemems of an estate. cbild care. serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employmem elsewhere. Leave without pay sball not exceed six ( 6) months of any year but may be mended upon request for an additional six (6) months. The total leave time shall not exceed one (1) year. Upon return from approved leave. the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid lea9e. employees sball not continue to accrue service credit or be eligible for any City benefits. AmzJiqtioo for l,cayc; A request for a leaw of absence without pay shall be submitted in writing by the employee to the Director of Safety Semces. The request shall indicate the reason the leave of absence is beiq requested and tbe approximate lenath of leoe time requested. Consideration of Leave Regpcu The Director of Safety Services may grant or deny leave requests, taking into consideration the Department's work force, wort load and the employee's request. failure to Rerum Unless unusual cirm,....nces am, an employee who fails to return by the date of leave expiration shall be considered to !me volumarily resigned from the service of the City. ARTICLE 22. UNIFORMS A. ( 1) If an employee is required to wear a uniform wJ/ or safety equipment. the employee shall wear the 1llliform wJ/ or safety equipment only IS autbori%led or required by the departmeat work rules. All employees shall m•iotaio a presentable appearance while on duty. 1be employee is responsible for any damqe to the uniform or safety equipment by neppnce or deliberate act. The City will be respomible for providiaa all umfonm wJ safety eqwpmem. (2) The Oepanmem on a replac:emem bail will bear the c:oa of replacement wtiforms. Tbc new replacemem uni.form will meet or exceed aired iodusuy standards such u those published by OSHA. NFPA or the .S. Bureau of Standards. 8. Should the Deputmem IUdlorize or require a specific wort/saf.ety shoe, the Department will pCOYide said shoes wbic:h will be COlllidered put ol the required wufonn. If 15 •. • • 0 : • 'It , • • '· the Depanment requires and provides the shoes as described above. the footwe:ir allowance as provided in C below will be reduced to fifty percent (50%) of the cost of authorized footwear up to $50.00 per year. C. Subject to conditiom described in B above. the Department will provide 6fty percent (50%) of the cost of authorized footwear up to $75.00 per year. D. Pbysic:al fitness sweatSbins, sweatpants, and running sbons will be provided by the Fue Department for employees enppd in tbe Department's physical fitness program. The above clothing will be provided according to an as-needed buis, dereunined by the Direaor of Safety Services. E. Oeaning -The City will be respollSlble for providing deaning for all uniforms and/or safety equipmenL ARTia.E 23. AUTOMOBil.E All.OWANCE A Fue Ftgbter wbo is specifically autborized by the Director of Safety Services to operate bis/her personally-owned automobile in conduct of aty business shall be paid in mileqe in aca>rdance with the aty's w:bide mileage policy. ARTia.E 24. INSURANCE A. (1) Beg:inDin& January 1. 1990. the aty will pay SS'JII per month of the premium cost for depeodcm and siape coverap for the City's self.funded bealth lllllll'IDCe plan. (2) Btcinnins January 1. 1990. ea1"'9,ea will pay fifteen percem (15'JII) of the mombly premium c:mt for dependent and sin11e CIJ9m"III for the Cty's self. 6mdad bealtb immaDce pia. B. A1JtJ dispute coacemiDt die ilwpretaaoa or appUcerian « balft11 provided under tbe Health lnsuraDce Plan sball be mb;ec:t to tbe dispute NIOlalion procedme oaly. (It is ezpress1y understood that this Anide is a ~ hem Wider this c:omract.) C. lt is undemood and aped thal sbould the premium C1D11S for the Cty's bealth insurance be reduced during the life of this camnct. me aty and employees will equally share in the premium rate reduction. Example: lf premium rates are reduced fiw: percent (S'JII), the employee's premium contnbution sball also be reduced five (5%). 16 • . .. .. • • 0 -, ",. , • • • "~ 0 I• • ' ARTICLE 25 . DEJ.'ITAL INSURANCE A. Beginning January 1, 1990 the City will pay eighty-five percent (85%) of the premium cost for dependent and single coverage for dental insurance. Employees will pay fifteen percent (15%) of the premium cost for dependent and single coverage for dental insurance. B. Alrf dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to tbc dispute resolution procedure only. (It is expressly understood that this Article is a DOD-gricvable item under this comrac:t.) C. It is understood and agreed that should the premium costs for the City's dental insurance be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. Example: If premium rateS are reduced five percent (5%), the employee's premium contribution shall also be reduced five (5%). ARTICLE 26. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract of $30,000 for each employee. Upon retirement the employee may convert the life insurance amount that is in effect at the time of retirement up to $20,000 if the employee bas not reached age 65. From age 65 to age 70, the conversion privilege would be reduced by 40%. The maximum conversion privilege would then be S 18,000. ARTICLE TT. RETIREMENT BENEFITS A. Retirement benefits and contribution levels will continue as prOYided under the City Plan and State Statute. B. Tbe City agrees to allow retirees and future retirees a conversion priwep to the health insurance c:oaversion plan available through tbc City. For employees wbo retired 011 or before December 31, 1995, tbc City qrees to pay fifty percem (509&) of tbc cost of c:overqe of the health imurance conversion plan or other plan selected by the retiree up to a maxirnurn of S75.00 per month for tbc employee and indudi• tbe employee's cwpendems For employees who retired on or after Jamwy 1. 1996, tbe Clty apes to pay fifty peramt (~) of tbe cost of coverage of tbe health iasuruce coaversion plan or ocber plan selected by tbe retiree up to a rnawian,rn of Sl00.00 per month. It is tbe imentioa of tbe City to phase out this provision. ARTICLE 28. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees. the appointiq authority shall desipate the positions 17 • ' .. • • , • "' - • ,. • ' in which the layoff is to be made. Upon such determination, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of bis/her relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the awilable work as determined by the City. All'/ employee in a hiper rank. if laid off. may ttamfer to the previous lower rank. The layoff list shall terminate after eipteen (18) months. ARTia.E 29. EDUCATIONAL INCENTIVE Upon recommendation of the Director of Safety Services and after prior approval of the Admillistrati\le Services Depanmem, the City of Englewood shall reimburse a permanent, full. time Fire Fighter upon suc:cessful completion of an approved course or courses in education or vocational training at an accredited college or university. The course or training must be related to the wort and be desiped to improve competence in the job. as determined by the City, and be of value to the Fire Fighter's service to the City. This shall include all tuition, and required texts. Refunds will be at the public institution rate. ARTia.E 30. SETI1.EMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informally through bis/her shift commander within 6ve (5} working days of die date of die oc:airrenc:e of the grievance, or the employee's knowledge of it, the employee may, within die succeeding 6ve (S} work days, file a written grievance with bis/her supervisor. lbe shift commander sball attempt to adjust the mauer and shall respond in writing to the employee within 6ve (S} work days. ~ If the answer is not satisfactory, the matter shall be presented in wriq by the employee to the Division Clief within five (5} work days followiua receipt of the Shift Commander's response. The Division Chief sball respond in writins to the emplo,ee within 6ve (5) work days. .S1G.l If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services within 6ve (S} work days followin& receipt of the Division Oliefs response. The Direcror of Safety Services shall respond in writins to the employee within five (5) wort days. ·· 18 ------' • . .... .. .. • • ' --I - - • • • • • I• . • ' <. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the Director of Safety Services. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. If the grievance is still unsettled, the Association. within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative. may by written notice request the matter be submitted to either mediation or arbitration. (a) Mediation. (1) If mediation is requested, the parties will attempt to mutually agree upon a mediator. If within five (5) days of the request for mediation the Association and the Oty camiot mutually agree on the mediator, a request will be filed with the American Arbitration Association for a panel of 5e"leD (7) mediators to be sent to the parties. (2) The mediator will be selected by :i method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel will be the mediator. The mediator will convene a meeting of the parties as soon as powble and attempt to develop a settlement of the grievance which is acceptable to both parties. k1y such settlement will be in writing and will be dated and sipd by represema.tives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. If a seulemem is DOC racbed tbroup the mediation process, the mediator will notify both panies in writin& that the mediation process bas concluded. Such notice coac:ludes the pie\'Uce procedure. (3) The fees of the mediator shall be borne equally by the Association and the City. (b) Arbltradon. (1) If the Association requesa arbitration. the parties will attempt to choose a mutually agreeable arbitr.uor. If within tive days of the request for arbitr:ltion the A.ssociation and the City c:umot mutually apee on an impartial arbitrator, a request will be filed with the Americm Arbitration Association for a panel of seven arbitraton to be sent to the parties. The arbitrator sball be selected by a method of alternative striking of llAJDes from the panel, with the fim strike determined by :i coin flip . The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of teStimony and arpmem. 19 ,. ~ • . • • I • ,. - 0 1• • (2) Each party shall be respoDSible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Association and the City. (3) If either party desires a verbatim record of the proceedings, it may cause such a record to be made. provided it pays for the record and makes a copy available to the arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs for the transcripL Authodtt of Arhju:a,tor The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit bis decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Jjme Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Grievance Qptjon It is agreed that should the appeal procedure as provided under 138:3 of the City Chaner or applic:ible ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Procc55im1 Odmocc Qurio1 Work Rgua Grievances may be investipted and processed by tbe employee durins workiq hours within reasonable time limits without lou of pay provided notice is pn and the work load permits. The employee shall be allowed to attend bearinp while on duty. Qrn.I and Written Corrective Acrion Oral Corrective Action -Whenever lfflUDds for c:orrec:tive action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediarely necessary, tbe super,isor should onlly coaumrnicare to tbe employee the supervisor's obscrvuion of the problem and offer usistmce in c:orrecrina tbe situation. When an oral a,m;aive ection is given. tbe supemsor should ensure that tbe supervisor's log is documented to show date of tbe correctM action end tbe nature of the corrective action. The employee should be edvised that the corrective action will be documented in the supervisor's log. Written Corrective Action -When the supervisor determines tbal a written corrective action is appropriate and necessary, the corrective action sball be addressed to the employee 20 •. " • • 0 , -• I' - • t• • ' and shall include the violation: the specific behavior and the dates of the behavior (when appropriate) that suppon the charge; the warning that contim1ance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Employee Services office. and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file. If an employee disagrees with the letter of corrective action, the employee. within seven (7) calendar days. may request a review of the written corrective action by the Administrative Services Director. ARTICLE 31. SUPPLIES A. The City will provide and maintain supplies and equipment for the normal operation of the F°U"e Depanmem.. These include: L Laundly: linens and cl.l!lnin1 of same. 2. All kitchen appliances and utensils, and repair Uld/or replacement of same. 3. Private phone in each station and m•imenance IZJ/1 /or repair of same. 4. Maimen.ancc of T. V .s and recorders. 5. Items of hygiene (soap, toilet paper, etc.). B. 'Ille ~as of this Article will be UDda' die ccarol ol die DirecuJr' m Safety Semca. IDdffldaal abuse to be dealt with on an iDdmdaal baiL ARnciE 32. DRUG TESTING AND PHYSICAL FITNESS Orq ICIGIII and physical fitness are penniuM lllb;ec:t m ....-,ms The City lp'eel coasistent with Anicle 5 al die Callec:IM Barpiams Apeemcnt to comu1t with die Uoioll reprdiDc the formation oi 111'1 druc -ms poticJ or pbysical &Dess prosram. ID eMdoa, it is aot tbe City's intention ro UF!DIP 1-.bn druc *liD& now or in die fon1eeable fulme. ARTICLE 33. DEAlH AND DISABIUI'Y ASSESSMENT For fire fi&bten hired on or after January 1. 1997, the comributioll iequired by f 31 ~31· 811(4), c.R.S., sbaD be messed equally apimt the City wl sw:b &re &pter so tlw fifty 21 . , • • • 0 -• ... • • <. ... percent (50%) of the contnbution required by the state shall be assessed against the fire fighter and fifty percent (50%) shall be assessed against the City. ARTICLE 34. EXCLUSIVENESS OF CONTRACT The City and the Union qree that the terms IDd provisions herein contained constitute tbe entire comract betweell tbe parties IDd supersede all previous c:oammaications, 1ep1ewm1dms or *lffl"P""'I, eitbenerbal arwrtuea, betwem die panies with respect to tbe subject mauer betein. 1be City ad die Uaim apee tbat all -.,dable items ba9e been dilc:mled duriDc the aepadom leadias to tbis coatnct and. therefore, ape that nqotiatioDS will aot be reopened on any it.em duriDc the life of tbis c:ontr-ct, except by mutual consent of tbe parties. IN WITNESS WHEREOF, tbe parties ba9e c:m*'1 this c:oatract to be signed by their respective represcmatives IDd tbeir sipatureS placed thereon, OD this _ day of __ _. 1997, at Englewood, CoJondo. ENGLEWOOD FIRE FIGHI'ERS LOCAL#l736 aTY OF ENGLEWOOD ------- • . .... • • • 0 ]- - • . ,. • . . COUNCIL COMMUNICATION Dala AgellCla 11am Subfect Award contrad tor Activity December 1, 1997 10cii Guide printing lnltlatad By Department of Parks and Recreation I .... 8ounNI Jerrell Black, Director of ~rks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. AECOIIIIENDED ACTION Staff recommends Council award. br molon. a printing conlract in the amount of $28,036 to lntermowltain Color tor the printing of E11glewood Recreation and Malley Senior Activity Guides. Staff has reviewed the qualifications and experience of the low bidder, lntermountain Color, and ha found no reason to object to awarding them this contract. BACKGROUND, ANALYSIS. AND ALTERNATIVES IDINTFIED The Malley Senior and El iglewood Recreation Activity Guides .... the primary marketing pieces for programs, cluw, activilies and facllliee of the Parka and Recreation Depa,1ment. 15,000 EnglHcod Recreation Activity Guides are mailed to Eliglecuood ,.... ... and dlalrtluled hough City fac:IIIIN quarterty. 5,000 Maley Senior Guides.,. malled to Malley Cenler members quarllfty. FINANCIAL .. ACT F"ive bids were received. lntenncu1111in Color IUbmllllld the low bid of $28,036. Adequate funds are available wtlhln the approved budget of $30,500. UST OF ATTACHIIENTS Bid proposal tabulation •. • • 0 I • - • • ]-- II: ~ I! ; ' s i. i ... ! • I t • = Ii!! -- 1 I J . j I I ) -.. .. -I 8 i ~ ! I f. a = - f J a; i I I s Ii. 1 I • IE ~ i I ; :; .. .. -• I 1 Ii! I i ic J .... -I I I I • I s I f JI i I I ~ J I ! I i i I I ' ,· Ci • ~ I J ! 8 • i J • II 11 I ti ' : llj 1· I II! ff! II I I i !111 I i 1111 Iii I :I • I ; I .. I I ! .. ---! i I 8 • ... i -• -; i ; • I .. I • --! I I I ~ I a I J J ! i ; ~ I I i ! I .. i ! • • - I 11 I I I I I! l J <ti. 11111 ( . . ! I i --• • i I --; • • .. --I I II II I I J J I i I ; I •• I I I I i ~ ;; :;; I .. -l • . . . . • , • 0 • • • <. COUNCIL COMMUNICATION Date Agendallem SubfKt Sewer Tap Agreement with December 1, 1997 10c iii Amerisuites Hotel lnltlllted By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board policy established at the August 13, 1996 meeting . RECOMMENDED ACTION The Water Board, at their November 18, 1997 meeting, recommended Council approval by motion of the Sewer Tap Agreement from Amerisuites Hotel. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11FIED In August of 1996, the Water Board wu approached by Drury IM to establish a policy for setting sewer tap tees tor hotels. The resulting Water Board policy bues sewer tape tees for hotels on a per day, per unit usage . Amerisuites Hotel approached the City regarding building a hotel in the Southgate Sanitation District near the Park Meadows Mall, and is requesting to ... this policy standard for tap fees. As a result, Amerisuites has submitted a Sewer Tap Agreement tor Council approval. FINANCIAL •PACT The proposed agreement would set the ...., tap tw at hal the standard tee, with no adcltiolial tap fees to be collected unless the water uuge PICNdl the agrNd upon lmlt of 100 gallons per unit. per day. UST OF ATTACI IIIENTS • . .. • • 0 • • ·, • SEWER TAP AGREEMENT THIS AGREEMENT, is made the_ day of , 1997, between tbe CITY OF ENGLEWOOD whoee addreu is 3400 South Elati Street, Englewood, Colorado 80110, (hereinafter City); and the PRIME HOSPITALITY CORP., a New Jersey Corporation, whoee addreu is 700 Route 46 East, P.O.Bmc 2700 Fairfield, New Jersey 07007· 2700, (hereinafter Amerisuites Hotel-Park Meadows). WHEREAS, the Ameriauites Hotel-Park Meadows requested a reduction in aewer tap fees because they believe their Hotel's water uuge is lea per unit (meaning separate dwelling unit) than a single family equivalent. The IIUbject Hotel is located at Lot 1, Park Meadows Town Center, Filing No. 1-A, 3rd Amendment, Douglu County, Colorado (Reception No. 9625832). WHEREAS, the standard tap fee is hued on a normal flow of two hundred (200) pllona per day and Amerisuites Hotel-Park Meadows estimates that their per unit flow is no more than one hundred (100) gallom per day. NOW THEREFORE the Parties agree as follows : 1. The City will sell Amerisuites Hotel-Park Meadows sewer taps for its Hotel unite at one half the standard sewer charge, baaed on their estimate of no more than 100 gallons per day per unit real flow . Thia is a minimum c:hup and in no event will the base tap fee be leu than one-half(l/'l) the standard -c:hup. 2. The initial tap payment to the City by Amerisuites Hotel-Park MeadOWII will be $89,600, for Englewood tap fees; $12.50 for the permit, and a Bi( Dry Creek Int.en:eptor Basin Charge of$6,400.00, for a total of$96,012.50. 3. Amerisuites Hotel-Park Meadows will iuue a letter of credit in the amount of $96,000.00 which will be uaed for any additional tap feea. Thia lett.er of credit will be held by the City for tap fees u required pursuant to thia .Air-t. 4. The City will monitor winter, bi--tbly water uaap at the Batel durinc a five (5) year period. During that time, "-isuites Hotel-Park Y...... will moaitor water consumption on a daily buia. All\eriauites Hotel-Park Y...... will furniah the City with a report on daily water •onsumption and the number at-. tllled OD the corresponding days. They will 1111bmit the report to the City OD a mODtbly buia. 5. If at any time during the five (5) year period, the dailJ, par uait c:ouumptian pea over one-hundred (100) callon.1 per day, the Ameriauites Hotel·Park Meadows will pay the additional tap fee owed . If the fee is not paid within .my (60) days, the City will draw on Amerisuitea Hotel-Park Meadows letter of credit to pay to the City additional sewer tap fees hued on the amount of flow in exceu of one hundred (100) gallons per day u billed by the City of Enclewood. If Ameriauitea Hotel-Park Meadows daily, per unit uaqe is 1-than ODe hundred (100) callona per day, the City will not owe Amerisuitea Hotel-Park Meadows any refund. - •· • 0 , I - ] ,,, -• '• • • '· • 6. Additional sewer tap fees will be computed on the buia of two hundred (200) pllone per day being equal to a tap fee of $1,500.00. A. an eumple, if the uaage goes over one hundred (100) gallom per day by five (5) gallOD11 per day, then five (5) gallons per day is two and one-half percent (2 lJH,) of the two hundred (200) gallODII per day, two and one-half percent (2 lJH,) of one thouaand five hundred dollan ($1,500) is thirty-aeven dollan and fifty cents ($37.50) times one hundred twenty-eipt (128) bot.el unita ia four thousand eight hundred dollan ($,i,800.00) in additional aewer tap fees. Tbe hiper amount, in thia eumple the 105 pilOD11 per day per unit, will bec:cmle the new base line for tap f-. Onc:e the baseline reachm 200 gal]ana per day, per reaidential unit, the m.uimwn tap fee will be owed. In no event shall the total tap fees -=-I cme muimum tap fee per unit. 7 . However, sbould additional unita be added to the project at any time, the tap fees aball be inc:reued by the number of additional units. If the unita are added after the five (5) year period deKribed in parqraph 5 above, or after a final hue line for tap fees has been reached, the tap fees for the new unita will be the same u the final tap fees for the original unita. 8 . Any accidental discharge of metered water of an unusual and non-recurring nature where the City is notified within 24 hours of diacbarp and Ameriauites Hotel-Park Meadows provides documentatiOD of the nature and utent of the diacharp may be ucluded &om the calculation of the tap re.. Tbe fillin, of a mmmin( pool will not be conaidered an accidental diacbarp under thia pararraph. 9 . Upon the 100Der to occur of: i. Tbe end of five (5) yean or ii. Tbe date OD which AmeriSuitN Hotel-Park Jleadawa bu paid the additianal _... tap r.. uaociated with an maw in the bueline far tap r.. to 200 pllom per day per unit, the letter al cndit may be withdrawn and the City will no loapr mcmit.or water uaap aaipt far --1, annual -er billin, purpoaea. 10. At the md alflff (5) ,-n, the lait,s al cndit maJ be withdrawn and the City will DO laa,er m.itor --........... far---. amuaal ..... billin, purpoaea. 11 . ADy additiaDal tap r.. paid panaaat to thia ...,....t are tap fees cmly and ahall not be coaaidered _. tr'Ntaalt cbmpa. ADJ maDeJ owed the City under thia Acr-ent ia a lee far the -tap. 12. Tbe City maintaina the ript to Cta' the property to eumine the water UN ~ and to check water meter l'lllldinp. 13. Ameriauites Hotel-Park Meadowa siYN the City the ript to diacooaect the hotel for nonpayment of any tap f-or NWV treatment fees due the City. 14.. Thia A,reement aball not be uaiped by any party without the prior writtan conaent of the otben and thia ap'NDl8Dt shall ba bindia, OD any ~ or aNipNa . 2 -----,· . ' •. • • 0 ]- • • • ·, • 15. Any notice required or permitted by this Agreement shall be in writing, and aball be deemed to have been sufflc:illlltly given for all pmpoll8I if aent by certified mail or registered mail, postap and re. prepaid, addreAecl to the party to whom auch notice ia to be given at the addr.a aet forth below, or at auch other addreu u bu been previously furnished in writin,, to the other party or parti•. Such notice shall be deemed to have been given when depoeited in the United States Mail. The notice shall be aent to: CITY OF ENGLEWOOD 3400 South Elati Street Englewood, Colorado 80110 PRIME HOSPITALITY CORP. 700 Route 46 Eat P.O. Bos 2700 Fairfield, N.J. 0700-2700 Copyto: Grimahaw & Harring, P .C. Attn: G.F.McNeiah 1700 Lincoln St., I 3800 Denver, Colorado 80203 16. Thie Agreement reprNentl the entire agreement between the Parti• and there are no oral or lateral arr-menta or undentandinp. Thia Ap,,ement may be amencled only by an imtrwnent, in writin,, liped by the Parti•. If any provision ia found to be void by a court af competmt juriacljction, no other prmaion shall be affected by such holmn,. All of the rem•ininc prcmaiom shall remain in run force and efrec:t. 17. A waiver by any party to this Acr-t or the breach of any term or proviaiaD af this Arr-ant shall not operate or be coutrued u a waiver al any IUbNquent breach by either party. 18 . The putiea hento warruat that the llipatariel below baff full and lawful aatbarity to -ie this Alr-t CID bebalf al Prime Hoapitality Corp. and the City al Enct-oocl. Colorado. 19. The Partia apw that this ...-t abaU be~ in the amc. al the Arapahoe County Clerk and a-a.. IN WITNESS WHEREOF, the pu1ial _.., baft ~ tbia Contract the day md ,-r ftnt written abaft . CITY OF ENGLEWOOD BT-------------~ Date :-------- Thomu, J . Burna, Ma:,or A'M'EST: ----------- Loucriabia A. Ellia, City Clark 3 . . •, .. • • 0 f __ I ]- - • . " • .. Date: ()MmN.C I I , 1931 IN WITNESS WHEREOF, I have .-to Nt my band and a8IDNl my official Mal the day and year tint abcwe writtm. My c:ommilaion upirN: Cig:,\ -8 iYCS) 4 ~fft)lll,d u.Jt1!p N ARY IICNICA WEEDO A IOTMY PUil.iC OF IIEW JERSEY lffCP ............. - ' ' .. • I •. • • 0 I -,"' !V I - • • • • • COUNCIL COMMUNICATION Date Agenda Item SUbieet Purchase of Raw Sewage December 1 , 1997 10 C iv Pumps Initiated By UE WWTP Supervisory Committee I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The proposed action is to approve by Motion the bid award for the purchase of three vertical mixed- flow pumps over three years to the low bidder, Goble Sampson Associates Inc., in the amount of $134,916 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Untreated (Raw) sewage flows by gravity into the Littleton/Englewood Treatment Plant. The entire flow is then pumped by Raw Sewage pumps and lifted 31 feet for treatment to begin the in-plant gravity flow process. Raw Sewage contains abrasives that wear the Raw Sewage Pumps. The existing pumps have been in service since April 19n and cracks have developed in the case iron bearing housings . Major pump components are no longer stocked, but can be manufactured as needed. Bearing replacements for these units are no longer in production. The expected lifetime of raw sewage pumps is 15 to 20 years. The existing pumps are at the end of their useful life and staff recommends purchase of new units. This purchase will replace d three pumps, one a year over three years. Bids were requested from two bidders and one bid was received. Staff reviewed the bid and found the bid responsive and the price ($44,972.00) in accordance with previous estimates . FINANCIAL IMPACT The purchase is budgeted for 1997. The purchase cost of the three raw sewage pumps will be split 50/50 with the City of Littleton as a capital expense. UST OF ATTACHMENTS Bid Analysis Memo of Recommendation ' ' ... • • 0 '-I ]- - • . ' LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 s. --Dri"9 ~.~eono <:ml 112-aoo FAA 782·2920 MEMORANDUM TO: Dennis W. Stowe, Plant Manager • • • FROM: Joseph G. Payne, Maintenance Division Manager DATE: November 18, 1997 "'~ "' /7'~ @1(, '-... Cly o1..-Cly GI EnglNaad SUBJECT: Technical Evaluation and Recommendation for Raw Sewage Pumps A request for bid was sent to two vendon for three raw aewagc pumps . Two bids were received from two vendon. The submittals were reviewed by me and Charles Caudill. One vendor responded with no bid. The remaining bid was technically acceptable u proposed. I recommend the purchase of the three vertical mixed-flow pumps be awuded to Goble Samplon .Aaociates Inc., 7076 S. Alton Way Englewood, CO 80112 in the amo1U1t ofS134,916. JGP :cg • I • . .. • • 0 , I ~ • City of Englewood Bid Tabulation Sheet BID OPENING DATE: 11/12/9710:00 A.M. Bid 11am: Raw Sewage Pumpa • Re-Bid Flow Pump del Flow Pump del Flow Pump del Vendor bf 12/11117 bf 111/N bf 7/1111 TOTAL81D GoOle Sampaon Aaoc,.,_, Inc. 303-17D-1411 $44,172.00 $44,172.00 $44,172.00 $134,111.00 707I s Allon way En.,_1,aod, Co.l0112·2014 ,.,_,., Inc. ~ .... 11"12 w..t 4"" AW'8. ........... Co.MW-2f05 Page1 . \., 0 • I Exception•: See Scope L.a.r Attached r I . • ... • ~ ' RAW SEWAGE PUMPS .2.TAB .., r -• #- • t• . • ' COUNCIL COMMUNICATION Date Agendaltem Subfect lntergovemmental Agreement with EHA regarding Community Development Block December 1, 1997 11 a i Grant Funds Initiated By SbdfSource Mark Graham Neighborhood and Business Development Office Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood citizens. No previous council action has been taken on this issue. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an lntergovemmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority for the purpose of clarifying responsibilities related to the Community Development Block Grant (CDBG) funds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed ordinance is intended to clarify and strengthen the existing relationship between the City and the EHA . The contract provides for clarity in obligations and evaluation opportunities. Englewood participates with three other Cities and the un-incorporated portions of Arapahoe County in the community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD). CDBG provides flexible funding for client benefit and area benefit activities. City of Englewood receives an entillement share of approximately $215,000 annuaHy, which traditionally provides resources to the Englewood housing Authority for providing housing rehabilitation loans to moderate income households in Englewood. The Englewood Housing Authority provides the staff administering programs. The City provides services to EHA such as policy analysis, accounting , payroll and others. The proposed Intergovernmental Agreement would be a continuing contract describing the respective responsibilities of the parties to the agreement. FINANCIAL IMPACT UST OF ATTACHMENTS Proposed Bill for Ordinance IGa'f" al WIP:111 Cl CC PCIIMX:_.CXIN,.,..,.DDC . ' ... • • 0 , I ORDINANCE NO . _ SERIES OF 1997 ' ~- • • • BY AUTHORITY A BILL FOR ,. . Jlo...• COUNCll. BILL NO. 105 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B .G . FUNDS" BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the purpoee of this intergovernmental acr-t ia to clarify the relationship between the City of Englewood and the Eqlewood Houainc Authority with respect to the Community Development Block Grant Procram (COBO) such that the parties may enhance the development of viable urban communitiea by providing decent housing, a suitable living environment and expanding economic opportunities for the citizens of Englewood; and WHEREAS, required approval, clearance and coordination bu been accomplished from and with appropriate apnciea; and WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, the City and the EHA deeire to aet forth their reapec:tive obliptiona, duties and powers with respect to CDBG Funds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5oc;tiqp 1. The Interauvernmental Apeement mtitled "AOBBBNENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS", attacbecl hereto u "Emibit l," ia hereby accepted and approved by the Eqlewood City Council. Sec;tigp 2. The City Manapr ia authoriwl to euc:ut.e and the City Clerk to atteat and eeal the Interaovemmental Acnemmt for and OD behalf of the City of Englewood, Colorado. Introduced, read in full, and paued OD fint reading on the lat day of December, 1997. -1- ----~---I ,. - • . .. • • 0 , --I. ]- • • • ... Publiahed as a Bill for an Ordinance on the 5th day of December, 1997. 'lbomu J. Burns, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucrilhia A. Ellia, City Clerk of tbe City « Eqlewood, Colorado, hereby certify that tbe above and foreaoiDI ia a true copy of a Bill far an OntiDance, introduced, read in full,. and puaecl CJD fint readinc CJD the ht day of 0-ber, 1997. Loucriahia A. Ellia ' . • . • . ' ' • 0 '--. I - ]-- • • • (, AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D .B.G. FUNDS Thia Agreement, entered into thia _ day of 199 _, by and between the City of Englewood, a Colorado Home Rule Municipality <herein called •city") and the Englewood Houaing Authority, a body politic and corporate UDder Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA") for the conduct of a Community Development Block Grant Project (herein called "CDBG") for program year 1997. WHEREAS, required approval, clearance and coordination hu been accompliahed from and with appropriate agencies; and WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in the delivery of housing servicea to Englewood citiaeu; and WHEREAS, the City and the EHA desire to set forth their rapective obligations, duties and powers with respect to CDBG Funds; SECTION ONE PURPOSE The purpose of thia agreement ia to clarify the relatioaabip between the City of Englewood and the Englewood Housing Authority with respect to the Community Development Block Grant Program such that the parties may eft'ect the development of viable urban communities, by providinc decent houaing, a suitable living environment and upanding economic opportunities for the citizem of Englewood. SECI'ION TWO CITY OBLIGATIONS The City ahall have the following~. duties, Uld powers with reapeet to tbe EHA/CDBG: 1. The City, upon request of the EHA, lball decids whether to apply for CBDG ftmda for EHA projecta . 2. The City shall have ultimate 1upervi.lory and adminiatrative IWJIC)lmbility for the expenditure of the f\mda allocated for CDBG projects and project activities. 3 . The City reserves the right to approve or diaapprove an EHA requeat for CDBG funding . 4 . The City shall be niepomible for aubmittiq, to the Arapahoe County', HouaiDg and Community Development Service1 Di'riaion (henin "County"), documentation in the form required by that dmaiao wbicb praparly and f\ally idenWles the amount of CDBG ftmda that the City ia ~ a& that tima. 'E X H I B I T 1 • ' ' • 0 I - J • • • C• • ,, - 5 . The City shall not be liable or responsible for eo11t overruns by the EHA on any CDBG projecta or activities. The City shall have no duty or obligation to provide any additional funding to the EHA if ita CDBG projects or activities cannot be completed. with the funds allocated by the City to the EHA. 6 . The City will support the activities of the EHA iD an amount to be determined by the City Council. Said amount to be appropriated annually. SECTION THREE EHA OBLIGATIONS The EHA shall haw the followinc respomibilities, duties, and powen with respect to the City and CDBG funded pl'Oll'Ula: 1 . The EHA, alon, with a CDBG project propoaal, ahall v,e the City a deac:ription of the work to be performed, a budpt. and a timetable delineat;nc the len,th of time needed for each project phw, if applicable, tbroa,b the compJetioa of the projec:ta. The EHA shall comply with the timetable for completion of the projects. The EHA undentanda that failure to ccaply with the timetable may lead to a cancellation of the project and a Joa mall unapmdecl funda, unlesa the County determines that then are atmuatiq cirl:umatucN beyond the EHA'a control and that the projecta will be ccaplat.ed within a reuonable len,th of time. The timetable aball becin to nm upon the County provid.ing written notification to the City to proceed with the project. 2. An EHA drawdown request sba1l iDdude ~ reporta for the period for which payment ia beinc requested. Drawdowu shall be done OD a conaiatent buia correlatin, with project prosram. 3. Quartsly project reporta aball be due within thirty daya f'allawiDr the end of wb quarts (March 31, J-30, Stptaabw 30, O.C-bar 31) until the Project ia completed. 4. The afflcial annual audit andlar ftuncial l&at#Dmta and the auditon maaapment Jett.er if applicable for tbe EHA iD which bath l'ffalW and apaaditures for the CDBG Pro.;ecta shall be pnmded to the City annually, not latlll' tbaD Jum 30th m wb ,-r. 5 . The EHA aball be l'NpQDlible for tbe apmditun mtbe ftmda a11ocatad to tbe EHA far ita projecta er acti-.itiel and for tbe cautnac:tiGD er per(armace m ita projec:ta or actimiN iD com.,U-with all applicable Federal lawa and requirement. of the CDBG Prosram. 6 . All CDBG l\mda that are idmtiflad for the EHA'a apeciflc projeeta and activiti• described and 1iatacl iD the ,rant apwmenta aball be UNd and upended by the EHA OD1y for the projecta and actmties for which the funda are identifted. 7 . No projects or activities, nor the amoat allocated tbenfbr, may be chaapd by the EHA without prior approval mthe City. All requaiad c:bupl mu& be aubmitted iD writin, to tbe City. 2 . ' .. • • 0 I - - • • • t• . • ' 8. The EHA agrees that all funds allocated to it for an approved CDBG project or activity shall be used solely for the purpoees approved by the City. Said funds shall not be used for any non-approved purpoees. 9. The EHA agrees that the funds allocated for any approved CDBG projects or activities shall be sufficient to complete said project& or activities without any additional CDBG funding. 10. Any project cost overruna shall be the aole reapomibility of the EHA. 11. If the EHA's CDBG project& involves c:onatruction activities, any contractor ia uaes for said activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, pneral liability and property insurance in an amount not less than $100,000 by the contractor and to provide and maintain automobile liability imurance and workmen's compensation insurance required by Colorado law. Proof of such insurance shall be provided to the EHA. 12. The EHA shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and adminiatration of the Project. The EHA shall provide full acceu to these books and records to the City, the County, the Secretary of HUD or his designee, the Ot1ice of lmpec:tor General, and the General Accounting Office so that compliance with federal laws and regulations may be confirmed. The EHA further a,reN to provide to the City, and the County upon request, a copy of any audit report& pertaining to the EHA's financial operations during the term of this agreement. 13. The EHA shall file all reports and other information n-.ry to comply with applicable federal laws and rqulations u required by the County and HUD. Thia shall include providing to the County the information n.ec:euary to complete annual Grantee Performance Reporta in a timely fuhion. 14. The EHA shall submit documentation to the City in the form required by the City which properly and fully identifies the amount of CDBO fww which the EHA ia requeltiDf at that time. 15 . Any smcle parcel of real property under the EHA's control that wu acquired or improved in whole or in part with CDBG fund.I in -of $25,000 will either: A . Be used for an eJicible CDBG activity, u determined by the County, for a minimum of ftve years followiq completion of the EHA'• projec:ta; or B . Be diapoeed of in a manner that results in the County's beinc reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to upenditurN ofnon-CDBG funds for acquiaition of, or improvemeota to, the property. Reimbunement ia not required after five years followiDf completion of the EHA'• projec:ta. 16 . All rwponaibilitiea al the EHA enumerated beniD aball be aubjec:t to applicable state statutes and county ordinancee, NIIOlutiona, ruJaa, and repletions. 17. If it ia determined by HUD or other federal apaey that the apmditun, in whole or in part, for the EHA'a project or Ktmty-improper, inapprapriate or 3 ,. - • - .. • • 0 I -• 0 , . • '· ineligible for reimbursement, then the EHA shall reimburse the County to the full extent of the disallowance. 18. The EHA shall consult with the City through the City Manager or his designee on issues affecting the CDBG Program such as other grant programs prior to application. 19. The EHA Director shall hire EHA employ-involved with the CDBG funded programs. 20. All program income derived from the CDBG Rehab Program received by the EHA will be retained by EHA and will be diapened for its approved CDBG project activities before additional CDBG funda are requeated. 21. The EHA agrees to pay the City ofEngl-ood the fee ststed in Attachment A for the services described therein. 22. EHA shall pay for services rendered by the City by the 30th of the month following receipt of billing described in Section 2, Paragraph 5. SECTION FOUR MISCELLANEOUS 1 . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement ii terminated as set forth herein. 2 . This Agreement ii subject to IUCh modifications u may be required by changes in federal or state law, or their implementing resulationa. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change u if fully set forth herein. 3 . This Acreement ia intended u the complete inte,ration of all understandings between the parties. No prior or c:ontemporaneoua addition, deletion, or other amendment hereto aball have any fon:e or effect whataoever, uni-embodied herein by writing. No subeequent notation, renewal, addition, deletion, or other amendment hereto aball have any fon:e or effect uni-embodied in a written supplemental contract -ted. All pnvioua CDBG qnements between the City and EHA are void and this Acnement aball pem the relationahip between the City and the EHA for the CDBG Prop-am. 4 . To the extent that this Apeement may be eucuted and performance of the obligations of the parties may be accompliahed within the intent of the Acreement, the tenm of this Acnement are several, and lhould any term or provision hereof be declared invalid or become inoperative for any reuon, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be c:onatrued u a waiver of any other term, or the aame term upon 1ublequent b~. 5 . It ia expreuly understood and qned that enforcement of the tenm and conditiona of this Acreement, and all ripta of action relating to such enforcement, shall be 1trictly reaerved to the City and the !HA, and nodunc contained in this A,reement aball ,ive or allow any 1uch claim or ricbt of 4 ,,,_ • ' .. •· • 0 , I • • • action by any other or third penon on such Agreement. It is the express intention of the City and the EHA that any penon other than the City or the EHA receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 6 . Either party to the Agreement may terminate the Agreement by 'Tlving to the other 30 days notice in writing with or without good cause showi Upon delivery of such notice and upon expiration of the 30 days period, all services in connection with the performance of the Agreement shall stop. Aa soon aa practicable after receipt of notice of termination, each party shall submit a statement, sbowinc in detail the servicee performed under the Agreement to the date of termination. In the event that the Unit ofLoc:al Government should withdraw from the County's "Urban County" designation, thia qreement shall terminate u of the termination date of the County's CDBG grant qreement with HUD. Further, thia acr-ent may be suspended or terminated by the City if the EHA materially fails to comply with any term of this agreement. 7 . Each party shall promptly pay that proportion of the prescribed charges which the services actually performed under the Agreement bear to the total services called for under the Agreement, less such payments on account of the charges aa have been previously made. 8 . Each party represents and warrants that it haa taken all actiona that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms. 9. The City of Englewood and the EHA agree not to refuae to hire, discharge, promote or demote or discriminate in any matter of compenaation; performance of services or otherwiae, againat persons othenriae qualified solely because of race, creed, au, color, national oricin or ancestry. 10. The parties shall take all actioaa that are appropriate and required ofit to comply with the applicable pnmaioaa of the srant qnementa received from the U .S. Department ofHouainr and Urban Development (HUD) by the County. TheN include but are not limited to ccapliance with the proriaiom of the Housing and Community Develapmmt Act al 1974 and all rul• and recuJations, euideliD• and cimJ1an pnaulpt.ed by the varioua federal departments, apnc:iea, admininratiana and commiuiom relatin, to the CDBG program. Specifically, the partiN shall tab all required actiom to comply with the proviaiom of24 CPR part 570, Tide VI of the Civil Richts Act of 1964, Title VIll of the Civil Rilbta Act al 1968, Section 104 (b) and 109 of the Houaing and Community Development Act of 197 4, 24 CFR Part 116, Subpart K of Hud's Uniform Adminiatrative Requiremant for aranta and cooperative agreements, the reculations applyinc to minority buainNa entarpriae, 24 CFR 570.904, the lead bued paint fllllllatioaa 24 CFR 570.608 and 24 CFR 35, and with 0MB Circular A-87, Coat Princ:ipl• for State and Local Governmants. 11 . The partin acne that they will include in every contract they cter, which relie1 upon CDBG monin for functin(, a non-appropriation clauae that will protect the partiea to this qnement and the County from any liability or reaponaibility or any auit which lnicbt NIUlt from the diacontinuance of CDBG funding for any reuon. s ..... "' - • < ... • • 0 , - - • • ... • • ... 12. The City of En,lewood and the EHA u well u the empioy.e and apnta of each entity ab.all be c:oaaidered for all purpoeea of the Acreement aeparate entiti•. 13 . The City ofEnsl-ood and the EHA will eatabU.h aafecu.arda to prohibit ita employea, apnta, or aervanta from uainc the Acr-ent for any purpoee which cauaN or lends itaelfto create an appearance of impropriety. Said employea, apnta or aervanta llhall not INk any_ penonal benefits or private pin for tbemNlv•, their familiea, or o&bera. 14. The parties llhall not uaip or tramfer ita intenat in the Acnement without the writtm -t of the other party. AAy unauthariwl •Nipment or tnmfer ab.all render the -,reemmt null, YOid and of no .«ect. 15. AAy notice to be pvea. hereunder llhall be deemed l"9ll when 18Dt by J"8liatered or certified mail to the edit-below: Dinctor Enpewood ROU8Ull Alltbarity 3400 S . Elati St. Eqlewood, Colorado 80110 City Man.apr City of EDll-ood 3400 s. Elati St. En,lewood, Colorado 80110 16. Notbiq herein lball be caaatruecl u cnmac any .,.._.i liability on the part of any dwr or apnt of any public body wbic:h may be party hereto. 17. The ......-t aball be carried oat in accardaace with the lawa of the State of Colorado and all applicable fedenl lawa and replatiana, and all local lawa, ordinancee and replationa. IN WITNESS WHBBBOF, the partiea hlnto haft aacatlld thia Acr-mt the day and ,.... tint abaft writtlm. CITY OF BNGLIWOOD, COLORADO ATTEST : ATTEST : BNGLSWOOD HOUSING AUTHORITY 6 . ' .. .. • • 0 I - Date December 1, 1997 Initiated By • • t• . • ' COUNCIL COMMUNICATION Agenda Item 11 a ii Staff Source II - Subject Intergovernmental Agreement with Englewood Housing Authority Neighborhood and Business Development Office Mark Graham Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood citizens . RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority for the purpose of improving coordination and clarifying respective obligations. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This agreement is meant to clarify and strengthen the existing relationship between the City of Englewood and EHA. Previously, the City provided direct benefits to the EHA, to meet City Housing goals. Assistance was provided in the form of staff, benefits and program moneys. This agreement contemplates that the EHA will meet defined goals to be evaluated periodically for an established amount budgeted annually. The City of Englewood will provide administrative and technical services to the Englewood Housing Authority (EHA) such as payroll, recruitment, vehicle maintenance and other in-kind services. In return , the EHA provides the City with housing services meeting broad City goals. The EHA provides affordable housing opportunities by administering programs funded primarily by the U.S. Department of Housing and Urban Development (HUD). The City also provides resources and support for creating decent housing in safe neighborhoods. The Neighborhood and Business Development (NBD) Office and EHA collaborate to provide housing opportunities and believe it is in our mutual interest to clarify roles and responsibilities related to providing housing programs. The proposed Intergovernmental agreement anticipates an ongoing relationship. FINANCIAL IMPACT The proposed agreement covers annually budgeted programs. UST OF ATIACHMENTS Proposed BIii for Ordinance ,~ LIIJIMOATWWW....accc-w•DOC • .. .. • • 0 , ~• - ORDINANCE NO. _ SERIES OF 1997 • • • <. BY AUTHORITY A BILL FOR //o.,il COUNCll. BILL NO. 106 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ·AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY.• WHEREAS, Thia intergovernmental agreement between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Housing Authority, a body politic and corporate under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called -EHA·); and WHEREAS, required approval, clearance and coordination baa been accomplished from and with appropriate apnciea; and WHEREAS, the City and the EHA c:onaider it to be in their mutual interest to cooperate in achieving housing goala for Englewood citizens; and WHEREAS, the City and the EHA deaire to set forth their respective obligations, duties and powers in relation to achieving the housing goals and plans enumerated by the EHA.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sw;tiQp 1. The Intergovernmental Apeement entitled ·AGRREMENT BETWEEN THE CITY OF ENGLEWOOD AND THE BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO" attached hereto u "Emibit 1; is hereby accepted and approved by the Englewood City Council. $oc:t;ign 2. The City Manapr is autbori&ed to euc:ute and the City Clerk to att.t and seal the Intergovernmental A,reement for and on bebalf of the City of Englewood, Colorado. Introduced, read in full, and paued on tint readinf on the lat day of December, 1997. -1- ' I • . .. .. • • 0 I ]- - • • ·, • Published aa a Bill for an Ordinance OD the 5th day of December, 1997. 1bomu J. BUl'llll, Mayor ATTEST: Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreaoilll ia a true copy of a Bill for an Ordinance, introducecl, read in full, and puNd OD fint reading on the lit day of December, 1997. Loucriahia A. Ellia -2- . . • . .. • • 0 f ~~,, I ]- ] • • • '· AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY Thia Agreement, entered into tbia _ day of 199~ by and between the City of Englewood, a Colorado Home Rule Municipality (herein called •city") and the Enrlewood Housing Authority, a body politic and corporate under Part 2 of Article 1 of Title 29, C.R.S . 1986 of the State of Colorado <herein called "EBA"). WHEREAS, required approval, clearance and coordination has been accompliahed from and with appropriate agencies; and WHEREAS, the City and tbe EHA ccmaider it to be in their mutual inter.t to cooperate in achieving houainc (Ollla for En(lewood citiseu; and WHEREAS, the City and tbe EHA deme to Nt forth their rmpective obliptiom, duties and powers; SECl'ION ONE PURPOSE The purpoae of tbia agreement is to clarify the relatiomhip between the City of En(lewood and the Englewood Houainc Authority such that the parties may effiM:t the planniq, financing, acquiaition, conatruction, rec:onatruction, rehabilitation, maintenance, manll(lllllent, and operation of houainc projecta pursuant to a multijuriadictional plan to provide aft"ordable houainc to Englewood readentl. SECTION TWO CITY OBLIGATIONS The City ahall have the followiDc reapouibilitiea, dutiea, and powww with .....,.:t to the EHA: 1. The Mayor, upoll ncommeadation bJ the EBA, ahall be l'MpCllleihh far the appointmmt of commiuioa81'1 to the BHA. A . The EHA ahall be camtitut.ed • follon: i . The EHA ahall c:auiat of fin onmitNP,..... ii. A commipioaer ahall hold oftlc:e until hia 11-.or baa bem appointed and qualillecl. iii. A commiuioaw'1 tam ahall upin fin ,-an from t.ba apiratiall date of the tams al their ..... -•. iv . VacaaciN otbar t.bu bJ -al apindoD al tams ahall be llli.d by Ma,-, upoll reoe-da!im bJ t.ba IHA, far .. the unapirecl tam. . "" . ' .. E X H I B I T 1 . .. • . • • 0 , I ]- ] • "' - • • (. - v . The Mayor may remove a commiuioner for inefficiency, neglect, or misconduct in office, but only after the commiuioner has been given a copy of the charge11 made by the Mayor against him/her and hu had an opportunity to be heard in peraon or by c:oumel before the Mayor. In the event of the removal of any commiuioner, the Mayor shall file in the office of the clerk a record of the proceedings, together with the charges made apimt the commiaaioner and findings thereon. 2 . The City, through varioua departments shall provide the following administrative servicea: A . The City shall provide payroll services for all EHA funded positions for the fee u agreed to by the parties annually. B. The City shall lllllliat, u requested, in the hiring proceu for EHA positions. C. The City shall provide vehicle maintenance, gasoline and oil for all EHA vehicles through the City Servicenter for a 1DODthly fee u agreed to by the partiee annually. D . The City shall provide public liability coverap for the EHA commiaaionera and staff and the City shall provide EHA _pl.,,_ with medical, dental, and life inaurance that ia identical to that provided for City employea for a monthly fee u eatabliahed by the City in Attachment A. 3 . The City ~ the right to approve or cliaapprO"e an EBA request for funding and the uae of in kind services on a yur to ,-r buia. 4 . The City Council may diuolve the EBA by ~. if there ia no outatandiq ill~ of the EBA or if adequate proriaion Car the pa:,mmt of auch iDcllbtedDw bu been approved. 5 . The City shall bill EBA for Nrvic:ea rmdand by the 10th of the -th roDowm, the date of aervicl. 6 . The City will support the ac:t:ivitiN of the EBA ill an -t to be~ by the City Council. Said amount to be ~ umually. SECTION THREE EHA OBLIGATIONS The EHA aball have the followinf raponaibilitiN, dutiN, and powen: 1 . The EHA shall have all tha powen eatabliabad by the enactiq ordinance. 2 . The BHA shall be a body CIOl'pOnlt.e , capable ofbeiq a party to auita, procaeclinp, and contracta, tha ume u tha municipality. 3 . Tba EHA shall adopt and sir-ulpt.e rulaa fD'N"WII ita procedun, illdudiq alac:tion of offlcen, and aaid rulaa shall be 11W in tha omca of the City Clerk. 2 . ' .. ., • • 0 f or, v I • • • . . 4 . The EHA shall hold regular meetinp in tbe IDaDDel' provided for in tbe rules of the EHA. Special meetings may be held when called in the manner provided in the rules oftbe EHA. All meetinp of the EHA shall be open to the public ucept thoee dealing with land ac:quiaitiOD or Al•, penonnel matters, or legal matters. 5. Commissioners of the EHA shall serve without compenaation, but they may be reimbursed for actual and neceuary upema. 6 . The EHA may adopt, by raolution, regulations reapecting the uerciae of its powers and the carrying out of its purpoee. 7. The EHA shall be permitted to do and perform any acta and thinp authorized by this Section under, throu,h, or by means of any apnt or by contracts with any person, firm, or corporation. 8 . The EHA shall be reaponaible for the administration of the public houaing, Section 8, Section 8-Emtinc, and other PJ'Oll'8Dlll that may be approved from time to time in the EHA work procram. 9 EHA work program uaing City funds shall be approved by the City on a yearly basis. 10. The EHA shall furniah reports to the City OD the atatua ofloana, funding, and status of projec:tl on a monthly baaia OD City funded IJl'Oll'UllB. 11 . On an annual baaia, durinf the City budpt proceu, the EHA shall prepare a request for funding from the City and for the renderiDi of in kind aenica and submit thae to the City Council for camideration. Said request shall illuatrate the manner in which City funda and aervi-will aucmmt the pala and objectives of the EHA and meet City bouainc pala and objectiva for the following year. 12. The EHA shall confer with City Council nprdiaf the pala and objectiva of the EHA OD an annual baaia with the objediw of c:oordiDatiDc the bouaiq pala of the EHA and the City. 13. The EHA may -ploy odler-omc.n, apata, and ...-,-, J111111Umt and temporary, u it may raqain, and it shall ~ tbair q11atiftcatim•, dutiee and compeneation. 14. The EHA shall fund all En,lewood Houam, Authority Poeitiom. 15. The EHA shall hire itl Euc:utive Director, who shall r9P(ll't directly to and be auperviaed by the Commiuioners for all EHA acti'ritia. 3 ,- .. .. • • 0 , I -• • • <. 16 . The EHA Director shall attend meetings as requested by the City Manager. 17. The EHA may acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service. 18. The EHA may condemn property for public use, if such property ia not owned by any governmental entity or any public utility and devoted to public use pursuant to state authority. 19 . The EHA may call upon the City Council or chief legal officer of the City for such legal services as it may require, or it may employ ita own counael and legal staff. Any such legal services may be performed by the chief legal officer of the City concerning matters under the Agreement. 20. 'lbe provisions of articlee 10.5 and 4 7 of Title 11, C.R.S. 1987, as amended, shall apply to moneys of the EHA. 21. No EHA commiaaioner, other officer, any employee, nor any immediate member of the family of any such commiaaioner, officer, or employee shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he/she have any interest, direct or indirect, in any contract or proposed contract for materials or services to be fumiahed or used in connection with any project. If any commiuioner, other officer, or employee of the EHA owna or controls an interest, direct or indirect, in any property included or planned to be included in any project, he/she shall immediately diacloae the same in writiq to the EHA, and such diacloaure shall be entered upon the minutee of the EHA. Upon such diacloaure, such commiaaioner, other officer, employee, or immediate family member shall not participate in any action by the EHA aft'ecting the carryinc out of the project planniq or the undertakini of the project unle11 the EHA determinee that, in the licht of such penonal interest, the participation of such member in any such act would not be contrary to the public interest. Willful violation of the proviaiona of thia section conatitutee malfeuance on the part of a C(lfflmiwoaer, or other ofllc:en and is p,,unda tor imtant diamiual of any employ119. 'n.. City Council may by ordinanC9 provide for automatic forfeiture of office bJ a c:ommiw-tor violation of thia aec:tiOD. 22. The EHA arr-to pay the City rl Eqlewood the fee at.eel in Attacbment A tor the services deecribe therein. Partial paymata will be made u the work pl'Of"!IIN. Said payments will be bued on Ntimatee, prepared by the City, of the value of the work performed. 23 . EHA shall pay for services rendered by the City by the 30th rl the mODth followinc receipt of billint delcribed in s.ctiOD 2, Parqrapb 5 . 4 "' - .. • • 0 ,,.,, , I -• • . • ' <. SECTION FOUR MISCELLANEOUS \ t• 1. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), 88 evidenced by the date first written above and shall continue until the Agreement is terminated 88 set forth herein. 2. Thia Agreement is subject to such modifications 88 may be required by changes in federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change 88 if fully aet forth herein. 3. Thia Agreement is intended 88 the complete integration of all undenitandinga between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unleu embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unleSB embodied in a written supplemental contract executed. All previous agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA. 4. To the extent that this Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reuon, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be CODStrued 88 a waiver of any other term, or the same term upon subsequent breach. 5 . It is expressly understood and agreed that enforcement of the terms and conditiona of this A,reement, and all rights of action relating to such enforcement, shall be strictly l"89ffVed to the City and the EHA, and nothing contained in this A,reement ahall give or allow any such claim or right of action by any other or third penon on such A,reement. It is the upreu intention of the City and tbe EHA that any penon other than the City or the EHA receiviq services or benefits under this A,nlement ahall be deemed to be an incidental beneficiary only. 6. Either party to the A,reement may terminate the Ap.ement by givin, to the other 30 days notice in writing with or without aood cauae shown. Upon delivery of such notice and upon expiration of the 30 days period, all Nl'Vicea in connection with the performance of the A,reement ahall stop. Aa IOOD u practicable after receipt of notice of termination, each party lhall submit a statement, showing in detail the servicea performed under the A,reement to the date of termination . 7 . Each party shall promptly pay that proportion of the prNCribed charps which the services actually performed under the Ap.ement bear to the total NrVices called for under the A,nlement, less 1uch paymentl on account of the charpe u have been previoualy made . I' - • . • • 0 I • • • • •, • I, 8 . Each party represents and warrants that it hu taken all actions that are necessary or that are required by its procedures , bylawa, or applicable law, to legally authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms. 9 . Each party shall maintain all boob, documents, papers, accounting records and other evidence pertaining to coats incurred and other performance hereunder and make such materiala available for inapection at all reasonable times during the period of the Agreement and three :,ara from the date of acceptance of the Apeement by the City. On requeat, copies of such records shall be fumiabed to the City for the City's permanent records. 10. The City ofEnpewood and the EHA qree not to refuN to hire, dilduup, promote or demote or diacriminate in any matter of compensation; performance of services or otberwile, apin8t persona otbenriae qualified solely because of race, creed, Nll, color, national orilin or ancestry. .. 11 . The City of Enpewood and the EHA u well u the employeee and agents of each entity shall be conaidenid for all purpoN9 of the Apeement u aeparate entities. 12. The City of Enpewood and the EHA will eatabliah safeguards to prohibit its employees, agents, or servants from usinc the Apeement for any purpose which cauaes or lends itaelfto create an appearance of impropriety. Said employees, agents or servants shall not Nek any personal benefits or private pin for themMlves, their families, or others. 13 . The parties shall not uaip or tranafer its interwt in the Apeement without the written c:oment of the other party. Any unautboriaed uaipment or tranafer shall render the asr-ent null, YOid and of no effect. 14. Any notice to be pven hereunder shall be dNmed pven when sent by repatered or certified mail to the addreNes below: Director Enclewood Houin1 Authority 3400 s. Elati St. Enslewood, Colorado 80110 City Manapr City of En,19WOOCI :woo s. Elati St. EDpwood, Colando 80110 15 . Nothins herein shall be comtrued u c:reatiq any penanal liability on the part of any officer or agent of any public body which may be party henlto. 16. The qreement shall be carried out in accorclaDcl with the lawa of the State of Colorado and all applicable federal lawa and reculatiom, and all local lawa, ordinances and re,ulatiODS. 6 .. • • 0 ]- • • · ... • IN WITNESS WHEREOF, the partiee hereto have aacut.ecl tbia A,rNmmt the day and year tint above written. ATTEST : Louc:riabia A. Ellia, City Clerk ATTEST : Secretary CITY OF ENGLEWOOD, COLORADO BNGLBWOOD ROUSING AUTHORITY 7 -~-~-' ;~ . . • . "' - .. • • 0 ]- • • 0 • COUNCIL COMMUNICATION Date Agenda Item December 1, 1997 11 a iii Initiated By Staff Source ,, - Subject Intergovernmental Agreement with the Englewood Housing Authority regarding Project Build Mark Graham Neighborhood and Business Development Office Neighborhood Community Coordinator COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION Providing decent housing in safe neighborhoods and expanding economic opportunities for Englewood citizens. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the Englewood Housing Authority for the purpose of clarifying responsibilities related to Project Build. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1991, the City of Englewood has budgeted funds from the General Fund for housing replacement. This successful City funded housing program, called Project Build, is proposed to be administered by the Englewood Housing Authority with analysis, review and general oversight from NBD. Project Build has focused on upgrading "basement houses· and on replacing abandoned or uninhabitable houses with new single family detached homes. The program provides modem dwellings and opportunities for owner occupied housing. Project Build neighborhoods benefit when abandoned homes in bad repair are replaced with new, owner-occupied homes. This agreement anticipates continuing the existing City and EHA relationship with improved clarity in goals and mutual obligations. Services such as policy analysis, accounting, payroll, and legal review are provided by the City. The EHA provides real estate acquisition, construction coordination, inspection, marketing, and loan closing . The City and EHA collaborate to provide Project Build and believe it is in our mutual interest to clarify roles and responsibilities related to providing the program. The proposed Intergovernmental agreement anticipates an ongoing relationship though the services one party provides under the agreement may change. One change presented with this agreement is a reduction of $320,000 to be transfered and used for general business enhancements in Englewood. This transfer carries out Council wishes from 1996. FINANCIAL IMPACT Council provided $500,000 from the General Fund to initiate Project Build in 1991 . In 1996 Council provided an additional $500,000 designating $320,000 for business enhancements. Business enhancement funds were not moved at that time but will be moved now from Project Build to separate business enhancement accounts. The resulting total 1998 budgeted amount for Project Build is $680,000 The proposed agreement covers annually budgeted programs. UST OF ATTACHMENTS Proposed Bill for Ordinance • ...... . ; , tn, •· • 0 , ]- ORDINANCE NO. _ SE~OF1997 • • • BY AUTHORITY A BILL FOR I• COUNCll. BILL NO. 107 INTRODUCED BY COUNCIL MEMBER _____ ~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD." WHEREAS, thia intergovernmental agreement between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Housing Authority, a body politic and corporate under Part 2 al Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called "EHA") for the conduct of Project Build; and WHEREAS, the Englewood City Council transferred $500,000 from the General Fund in 1991 to the Project Build; and WHEREAS, the money is transferred back to the City General Fund for the Project as the current inventory is sold to be used as Council directs; and WHEREAS, the Englewood City Council transferred an additional $500,000 in 1996 and designated $320,000 for business enhancements; and WHEREAS, $320,000 shall be transferred from the Project Build Fund to the General Fund in 1997 leaving usets of $680,000 in the Project Build Fund; and WHEREAS, the City and the EHA conaider it to be in their mutual intereat to cooperate in the development of underutilized property; and WHEREAS, the City and the EHA desire to aet forth their reapective obliptions, duties and powen with respect to Project Build; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $cc;tjon 1. Tbe Intergovernmental Agreement entitled "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD, COLORADO," attached hereto as "Exhibit l," is hereby accepted and approved by the Englewood City Council . Section 2 . Tbe City Manager is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on fint readinf on the ht day of December, 1997 . -1- ...... - • • 0 . ---l ,~' I ]- - • -. • • ~. - Publiahed u a Bill for an Ordinance on the 5th day of December, 1997. Thomu J. Burm, Mayor ATTEST: Low:riahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Enclewood. Colorado, hereby certify that the above and foreaoinc ia a true copy of a Bill for an Ordinance, introduced, read in full, and puNd on first reading on the 1st day of December, 1997. Loucriabia A. Ellil -2- ' , •. ' .. ., • • 0 f ,.." I - • • • • '· AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD This Agreement, entered into this _ day of , 199_, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called ·City") and the Englewood Housing Authority, a body politic and corporate under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called -EHA·> for the conduct of Project Build. WHEREAS, the Englewood City Council transferred $500,000 from the General Fund in 1991 to the Project Build; and WHEREAS, the money being transferred back to the City General Fund the Project as the current inventory is sold to be uaed as Council directa; and WHEREAS, the Englewood City Council transferred an additional $500,000 in 1996 and designated $320,000 for buai.DNa enchancementa; and WHEREAS, $320,000 aball be transferred from the Project Build Fund to the General Fund in 1997 leaving aueta of $680,000 in the Project Build Fund; and WHEREAS, the City and the EHA conaider it to be in their mutual interest to cooperate in the development of underutilized property; and WHEREAS, the City and the EHA desire to set forth their respective obliptiOIIII, duties and powers with respect to Project Build; SECTION ONE PURPOSE The purpoee ofthia agreement is to clarify the relettmsbip betwem the City of Englewood and the Enclewood Houainf Authority with reepec:t to Project Build such that the parti• may effect an upgrade of City bloc:b that coatain UDderutiliud propertiee wbic:h are not economically feasible to rehabilitate, increue in the percmtap of owner occupied structw.. within the City. SECTION TWO CITY OBLIGATIONS The City shall have the followinc relpOD8ibilitiee, dutiee, and powen with rNpect to the ERA/Project Build: 1 . The City shall establish annual aoala and objectivee for apendituree of Project Build f'unda . Current aoala and objec:ti.,.. are attacbed u kbibit 1. 2 . The City Council lhall have ultimate auperviaory and administrative rupomibility for the upenditure of Project Build funde. 3 . The City Council ~ the ript to 9ppr'Oft or dieapprove an EHA requeat for Project Build funda. 4 . Property purdlaNd and eold under thia propu1 aball comply with SectiOD 72 of the Home Rule Charter City of Eqlewood. Colando. -E 'x H I B I T 1 .. • • • 0 - • • • • l • • ' 5 . Upon the sale of an EHA Project Build property, the City shall reimburse the Project Build fund in the amount of the CU?Tent fair market value of the property less any portion of the value attributable to erpenditures of non-Project Build funds for acquisition of, or improvements to, the property and less any write down of the cost of the developed property. 6 . The City reserves the right to perform progresa impections to ensure construction proc:eeda in a timely manner according to plans and specifications. 7. The City will support the activities of the EHA in an amount to be determined by the City Council. Said amount to be appropriated annually. SECTION THREE EHA OBLIGATIONS The EHA shall have the followinc responaibilities, duties, and powers with respect to the City and Project Build funded procrama: 1 . The EHA, along with a Project Build project propoeal, shall identify a property that meets the program's objectives, a budget, and a timetable delineating the length of time needed for each project. Any such budget shall properly and fully identify the amount of Project Build funds that the EHA ii requesting at that time. 2 . The EHA shall conault with the City Manager or his designee on issues affecting Project Build, including policy issues and fundinc issues. The EHA shall furnish project atatua reports to the City or his desiinee on a monthly ba1i1. 3 . No projec:ta, nor the amount allocated therefor, may be c:banpcl by the EHA without prior approval of the City. All requeated chaDpl muat,be submitted in writing to the City. 4 . The EHA qrees that the funds allocated for any approved Project Build projects shall be sufficient to complete said projects without any additimal Project Build funding . 5 . Once the City approves a Project Build Project, the EHA shall ..et propoeals from interested contractors. A notice shall be Milt to licmlaed. pnqualified builders seeking their interest in off'enn, a propoaal for coaatrudion of said project . 6 . Any contractor that the EHA uaes for Project Build activities shall be required to provide and maintain, until ftnal acceptance by the City of all work by such contractor, smeral liability and property imurance in an amount not leas than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen's compensation imurance required by Colorado law. Proof of such imurance shall be furniahed to the EHA. 7 . The EHA shall maintain a complete set of boob and records docwnenting its use of Project Build funds and ita auperviaion and administration of the Project. The EHA shall provide full accaa to tbme book.a and records to the City ao that compliance with the Project aoala may be cadrmed. Further, the EHA 2 " - • . .. • • 0 - • • • • t• . • ' •. shall provide to the City, a copy of any audit reports pertaining to the EHA'a financial operations during the term of this agreement. 8 . The EHA shall require a purchaser to agree to the following covenants in the purchase of said property: A . The City ahall have the first right to purchase the property if offered for sale within three (3) conaecutive years from date of such Deed. B . Should the Grantee c:eue to occupy the property u Grantee's residence before the expiration of three (3) consecutive years from the date of such Deed, the City shall have the ript to purchase the property at such time that the City learm the property baa been rented or offered for rent. C . If the property is rented, it shall be preaumed that damapa are the amount of rent paid and all rent ahall be paid to the City. In the event the City electa to repurcbaN the property, the City shall pay the fair market value of the property or the purchase money lien amount whichever is greater. The City shall be under no obligation to actually make the purchase or pay the sums, unleu formal approval is made by the City Council. The purchase price ahall fint be applied to all purchase money liens on the property, then to all other liens on the property and finally to the purchuer. D . Such covenants shall be effective for a period of three (3) years from the date of the deed and ahall automatically terminate after puaap of said time period. 9. The EHA shall market said properties in order to pnerate u many potential buyers u possible. 10. If it is determined by City that the upenditure, in whole or in part. for the EHA'a project wu improper, inappropriate or inelicible, then the EHA ahall reimburse the Project Build fund to the full extent of the diaallowance. 11 . EHA shall pay for aervicea rendered by the City by the 30th of the month followin( receipt of billinc dac:ribed in Secticm 2, Parqraph 5 . SECTION FOUR MISCELLANEOUS 1. The term of this Ap-eement ahall becin cm the date of the City Council approval (the "effective date"), u evidenced by the date fint written above and ahall continue until the Ap-eement is terminated u Nt forth herein. 2 . Thia Agreement is subject to such modifications u may be required by chanpl in federal or state law, or their implementiq replationa. Any such required modification shall automatically be incorporated into and be part of thia Agreement on the effective date of such c:haap u if fully set forth herein. 3 . Thia Ap-eement is intended u the complete int.ep'aticm of all undenwidinp between the parties. No prior or CODtmlporaneoua addition, deletioo, ar odler amendment hereto ahall have any force or .«.ct whataoever, unlw embodied herein by writin,. No IUbNquent notaticm, nmewal, adclit.ian, dei.tiaa, ar 3 " - " ... • • 0 l ~• -• • • ,. other amendment hereto shall have any force or effect unlesa embodied in a written supplemental contract executed. All previous Project Build agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA for the Project Build Program. 4 . To the extent that this Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terma of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed u a waiver of any other term, or the same term upon subsequent breach. 5. It is expresaly underatood and agreed that enforcement of the terma and conditions of this Agreement, and all righta of action relating to such enforcement, shall be strictly reserved to the City and the EHA. and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of the City and the EHA that any penon other than the City or the EHA receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 6. Either party to the Agreement may terminate the Agreement by giving to the other 30 days notice in writing with or without good cause shown. Upon delivery of such notice and upon expiration of the 30 days period, all services in connection with the performance of the Acnement shall stop. Aa soon as practicable after receipt of notice of termination, each party shall submit a statement, showing in detail the Nrvices performed under the Agreement to the · date of termination. Further, this qreement may be suapended or terminated by the City if the EHA materially fails to comply with any term of this arreement. 7 . Each party shall promptly pay that proportion of the preecribed charpa which the services actually performed under the Agreement bear to the total ..-vias called for under the Agreement, 1-such paymenta on account of the charpa u have been previoualy made. 8. Each party repreaents and warrants that it hu taJum all actions that are neceuary or that are required by its proceduna, bylaW9, or applicable law, to lepily authorize the undersiped sipatory to eucute this Agreement on behalf of the party and to bind the party to its terms. 9 . The City of Englewood and the EHA arree not to refuse to hire, discharp, promote or demote or discriminate in any matter of compenaation; performance of services or otherwise, apinat persons otherwise qualified solely because of race, creed, ses:, color, national oricin or ancestry. 10. The City of Englewood and the EHA u well u the employMe and apnts of each entity ,hall be considered for all purpoNI of the A,nement separate entities. 11 . The City of En,lewood and the EHA will eetablish 1afesua,da to prohibit its employees, qenta, or servanta from usinf the A,nement for any purpaN which cauaea or lends itself to create an appearance of impropriety. Said 4 "' - • • 0 f ]- - • • • • <. I! \ r employees, agents or servants shall not Mek any penooal benefit. or private pin for themselves, their families, or otben. 12. The p!IJ'ties shall not ump or tnufer ita interest iD the A,reement without the written coment of the other party. I.Dy unauthorized auipment or transfer shall render the agreement null, void and of no eft'ec:t. 13. I.Dy notice to be pven hereunder shall be deemed pven when Milt by registered or certified mail to tbe ~ below: Director En,lewoocl Houaiq Authority 3400 s. Ebdi St. Enpwoocl, Colorado 80110 City Maupr City al Bnpwood 3400 S. llati St. Eap,woocl. Colando 80110 14. Notbinc herein lb.all be comtrued u cnatiac &DJ penoaal liability OD tbe part of any ofllcer or aamt of &DJ public body wbich ~ be party hereto. 15. Tbe apeement lb.all be carried out iD accordance with tbe lawll oftbe State of Colorado and all applicable federal laws and nculadou, and all local laws, ordinances and reruiatiom. IN WITNESS WHEREOF, tbe partial hereto baff -W tbia A1r-t tbe day and year fint above written. ATTEST: Loucriabia A. Ellil, City Clerk ATTEST : Secretary CITY OF ENGLEWOOD, COLORADO ENGLEWOOD HOUSING AUTHORITY ,. •. • • 0 - ]- • • • • L Persons wishing to speak Ill the Public Hearing regarding Brookrillge Shopping Center, PLEASE SIGN THE OTHER ROSTER. PUBLIC 'COMMENT R03TER AGENDA ITEM 7 NON-SCHEDULED VISITORS DECEMBER 1, 1997 NON-SCHEDULED VISITORS MA V SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING JV SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STA TING NAME. ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC . ' • • 0 f ___ I • . " • ... PUBLIC HEARING ROSTER DECEMBER I, 1997 AGENDA ITEM NO. 9a PUBLIC HEARING BEFORE THE ENGLEWOOD Cl1Y COUNCIL TO GATHER CITIZEN INPUT REGARDING: THE BROOKRIDGE SHOPPING CENTER PLANNED UNIT DEVELOPMENT MODmCATIONS NAME AQPBffl 'I •, • ... • • 0 , • -• ·, • .. J • .. December 15, 19117 ENGLEWOOD CITY COUNCIL Regular Meeting • 0 • I • . ..