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Home My WebLink About1997-09-02 (Regular) Meeting AgendaJ - • [Note: • • • . . Ordinance No. 39 waa pre-aaaigned to Council Policy. Thia iteJD vaa tabled at the June 2, 1997 CC Mtg. Council Bill No. 53] R£GULAR CITY COUNCIL M££TING SEPTEMBER 2, 1997 ORDINANCE I ~, ~, ;,6, ?1, ~, ~, ,', 75, 76, 77 R£S0LUTI0N I,', f, 84, 85, 86, 87, 88, 89, 90, 91, 92 ,,_ ,. • .. 0 • • • 0 -• • • '· ..... ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Sqltaaller 2, "" I. Call to Order The regular meeting of the Englewood City Council -called IO order by Mayor Bums at 7 :36 p .m . 2 . ._.._ The invocation was given by Council Member Wiggins . The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present : Absent A quorum was present . Council Members Nabholz. Clapp, Wiggins, Habenicht, Vormittag Waggoner, Burns None Also present: Acting City Manager Eslcrly City Attorney Brotzman Deputy City Clert Castle 5. Ml.ca Planning Community Coordinator Sein Director Fooda. Utilities Director Simpson . Neighborhood and Business l>C'\clopmcnt Public Information OfflCICl'/C.cJmRWllily Rdalioos Maaagu Puncerclli (a) Mayor Bums asked that the minutes of August II. 1997 be amcndctl to n:Occt. on PIF five. line six of the large paragraph, a ~s10 .oo incrcuc on the vehicle rqislnlion fee". rather than Sl .00. COUNCIL MEMBER VORMIIT AG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MUTING OF AUGUST II, 1997 AS AMENDED. Ayes : Council Members Nabholz. Vormittag. Wiggins, Habenicht, Waggoner. Clapp. Burns Nays : None The mo1ion carried . 6 . Sclledllled Viliton a) Judy Cabrera , Interim Executive Director of Inter-Faith Task Force. addlCIICd Council regarding the current status of Inter-Faith Task Force and the types of services they arc providing . Sbc •. . . • . .. • • 0 - • • Englewood City Counci l September 2. 1997 Page2 • • • stated that it has been a pleasure to be partners with the City and advised that she would like to let Council know what the City is helping Inter-Faith do for Englewood ~dents. Another purpose for her visit tonight, she said. is to talk about the transition at Inter-Faith and to address rumors about the organization. Ms . Cabrera told Council that from September. 1996 through Jul y. 1997, Inter-Faith provided $83 ,285 .2510 1.394 individuals. Of this. she continued, $32.520.06 was provided to Englewood ~dents alone, which was divided between 613 individuals. Food and clothing wen: also provided. which. she advised. they do not necessarily put a dollar amount on. She stated that a total of 2,216 individuals wen: provided with food and 445 with clothing. Not included in that number was the ""Dress for Success" program . which also provided 260 children with clothing. Ms. Cabrera said that about one thud o{ the people served by Inter-Faith arc Englewood residents. She described Inter-Faith ·s services as providing financial and emergency services to low income families who arc striving to attain or maintain sclf-suff"ICicncy. More and more. she explained. they arc serving families that do not nca:ssarily meet that definition, but arc in some kind of crisis. such as sudden unemployment or a medical emcrgciicy. IDier- Faith pretty much serves anyone who is in need. she said. The organization maintains a food and clothing bank and receives several grants for financial assistance through the cities of Englewood. Littleton and Sheridan. and federal and state grants. A lot of the funding. she added. comes from private contributions. Ms. Cabrera related that she has been meeting with the Arapahoe County Commissioners to try to determine ways that Inter-Faith can have a more integral part in meeting the needs of self-sufficiency for their clients in light of the welfare rcfonn. She opined that a lot of people have talked about welfare reform and how it is going to affect our community and, at this point. none of us know what that is going to look like. She said lnter-Faitl1 is trying to be very pro-active and is pleased that some people from the community have come forward to help provide jobs and computer training. Beginning in January, Interfaith will be providing a twelve week computer training class to try to help those who really need to get into the workforce but don 't have tlie skills they will need . That will include. she advised. keyboarding, Windows 95 and Office 97 training, which will enable people to go from a six or seven dollar an hour job, 10 a job that will make them ten to twelve dollars an hour. Ms . Cabrera expressed excitement over the possibilities with this program. adding that Interfaith ·s partners in that arc Telcport Communications and Olsten Temporary Services. Tclcport will be doing all the training on a volunteer basis. providing the computers for eight persons in a class at one time. she said. and they an: also providing tlie software. Once they go through the program. Olsten \\i ll provide four weeks of job skills a nd interview training, aficr winch they will help them find a temporary job. Ms. Cabrera also described two new transitional housing programs that arc now underway . Orie is tlie Colorado Coalition for tiie Homeless. Slie advised that Inter-Faith has been contracted to do case ma11age1nent services for twenty families at 3370 South Irving Street, which is a new complex for scvcnty-fiw: low income families. This is a two year program with a goal for people to become self-suff'icient. and includes jobs training, schooling, and housing subsidies. slie said. 1bc program bas been underway since January and results arc already apparent with twelve of the participants in Arapahoe County jobs training. They arc either doing internships to gain job skills or they have actually started employment . 1bc second program. she said. is really 011 the ground level and is similar to the first . Tlie funding is through HUD and it is a three year program offering a little bit more in lcnns of support services for the families. she explained. with fifteen families being placed in scancred housing sites in Arapahoe County . Ms. Cabrera stated that Inter-Faith has been pannering with a variety of people to make this happen. Landlords an: getting involved because they want dependable 1enants and the panicip:mls arc being provided "~th training to learn good tena111 skills. Two of the fifteen families a rc now ready 10 go in this program. which will be a commitment of three years by Inter-Faith. she said. Transitiona l housing is a huge need for homeless families. she opined. and Inter-Faith was very fortunate to be able to go in with seven other metro area agencies 10 pool resources for this project . Popular belief is I hat this part of Arapahoe County does not have very many homeless people. Inter-Faith. however. secs people evel)' day who are living out oftlieir car or living under substandard conditions because they don 't have lhc funding or suppon Ibey need to become independent . she said . This is the first transitional housing program lo be offered in Arapahoe County a nd Ms. Cabrera expressed hope for its success. She added that l111cr-Fai1h a lso helps victims of crimes by ' . . ,,,_ • . ... • • 0 • • ]- • • Englewood City Council Scpcember 2 . 1997 Page 3 <' • • • \. supplying funds and has served 135 so far this year under that program, approximately one third of whom are from Englewood. Regarding the rumors that have been going around about lnterFailh, Ms. Cabrera said she just wants Council to know that Inter-Faith is stable right now . We are stronger and better than we have been in years. she assened, and the programming that is olfered today is much better than three to five years ago, due to the suppon from the community . As the banners Slate. it is neighbors coming tQ8Clhcr to help neighbors and Inter-Faith is simply the instrument. she said. Ms. Cabrera said she will be the interim executive director at Inter-Faith through the month of Scpccmber and she invited Council to call her with ques1ions. A decision regarding the new director will be made in the next week or two. she said . She said ii continues to be Inter-Faith 's pleasure to wort with Council 10 better meet the needs o{ the community. Mayor Bums asked if their commodities are still low and if they are in need of supplies. Ms. Cabrera responded that they are, indeed, Slill low. Last ChriSlmas so many of the local orpnizalions clicl food drives and clothing drives. she said, and by this summer they simply ran out of most items. 111c community has now responded to the publicity about their shonages and the shelves have been Slacked. although we are Slill in great need. she assened. Last month alone. we had sixty-seven new families and laSI year there were 764 new households. In the summer. our food banks become depicted. she explained. because most people aren ·1 in the mood for giving. At the same time, the children are home from school and the families that might be on free or reduced lunch don ·1 have that available 10 them during the summer. so the demand 011 the food banks increases. Clothing is the same Slory. she said. Inter-Faith bas jUSI clothed 260 children right before school saans through the Dress for Success program. Each child was offered one outfit. but families need 10 put in a clothing order besides that because they can't go out and buy new school clothes. Ms. Cabrera said this was the first new outfit that some oftbe children bad ever received. She urged the community to do as many food and clothing drives as possible to rebuild the supply. Responding to Council Member Habenicht, Ms. Cabrera said their fiscal year began September I , 1996 and lnter-Faitl1 has served 1.394 with financial assisaancc. and of those, 613 were Englewood residents receiving $32.520.06. Also from Englewood. 2.216 individuals received food and «s individuals received clothing. 7. (a) Sonic Smithers. 2116 3 South Grant Street. rq,rescnting the Greaser Englewood Cllambcr of Commcrcc. spoke regarding Lcadcrsbip Englewood. She said sbc bas spoken to several Council Members individually about the Lcadcrsbip Englewood program . E\'CI)' orpnizalion tlllt -volualeas can benefit from this pool ol people who will become ud'onaed aad will lllldcrand bow our City functions. residcncc . business community and government Because this effort is being undcnaken by the Chamber. bopcfully it will become a pcnnancnt event in our town. Even when those o{ m cuneatJy involved are no longer here. she said. the organizaaions we rcprescnt will be carrying on the wort of Leadership Englewood. Ms . Smithers reqllClled a oontribution from the City in the amount ofS2,000.00. She said she would like to sec the City sponsor two individuals and use the remainder of that sum for the general scholarship fund . (a) A Proclamation declaring lhe week of September 17 through 23. 1997 as Constitution Weck was considered . •. . , • . • • 0 - • Englewood City Council September 2. 1997 Page 4 <, • • • ,.., ~ ' COUNCIL MEMBER VO RM ITT AG MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF SEPTEMBER 17 THROUGH 23, 1997 AS CONSTITUTION WEEK. Ayes: Council Members Nabholz. Vormittag, Wiggins, Habenicht. Waggoner, Clapp. Bums Nays : None Thc motion carried. (b) considcrcd. A Proclama1ion declaring the month of Scplembcr as National Literacy Month was COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MONTH OF SEPTEMBER AS NATIONAL LITERACY MON11L Ayes : Council Members Nabholz, Vorminag, Wiggins, Habenicht, Waggoner. Clapp, Bums Nays : None Thc motion carried. Mayor Bums presented the proclamation 10 Public Library Board members Sonic Smithers and Sandi Ostema. (c) A Procl a mation declaring September 18 . 1997 as Englewood Housing Authority Day. honoring lhe Englewood Housing Au1hori1 y on 1he occasion of i1s 1wen1y-fiflh anniversary. was considered. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED TO PROCLAIM SEPTEMBER 18, 1997 AS ENGLEWOOD HOUSING AUTHORITY DAY. Ayes: Council Members Nabbolz, Vorminag. Wiggins, Habenicht. Waggoner. Clapp. Bums Nays : None The motion carried. Mayor Bums related that there "ill be a series of events during thal week that !he Housing Authority will host . A lot of people: who served previously have been invited. as have fonncr executive directors. he said. a nd there will be a special dinner. (d) Council received a leuer from Suz.annc KarlquiSI indicating her inability to IXllllinuc as a youth advisory member of the Englewood Clean. Green and Proud Commission. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE LETTER OF RESIGNATION ROM SUZANNE KARLQUIST ROM THE ENGLEWOOD CLEAN, GREEN AND PROUD COMMISSION . Ayes : Council Members Na bholz. Vonninag, Wiggins , Habenichl. Waggoner. C lapp. Bums Nays: None The motion carried . 9 . Public Hearin& No public hearing was scheduled before Council . ,, - • ' - • • 0 • • ]- Englewood Cil y Council September 2. 1997 Page 5 10 . Co111eat Agenda . ' • ,, • • COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (i) ON FIRST READING. (a) AppnMII of Ordinances on First Reading (i) COUNCIL BILL NO . 81. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AuntORIZING AN INTERGOVERNMENTAL CONTRACT PERTAINING TO A GRANT FOR THE PURCHASE OF CPR TRAINING EQUIPMENT. BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE CITY OF ENGLEWOOD. COLORADO. Vote raults: Ayes : Nays : Council Members Nabholz. Vonniltag. Wiggins. Habenicht. Waggoner, Clapp. Burns None The molion carried. (b) Approval of Ordinances on Second Reading MAYOR BURNS REMOVED AGENDA ITEM IO (b) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER VORMITI AG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (b) (ii) THROUGH (vii) ON SECOND READING. (ii) ORDINANCE NO. 68. SERIES OF 1997 (COUNCIL BILL NO. 75. INTRODUCED BY COUNCIL MEMBER VORMITI AG) AN ORDINANCE AUTHORIZING AN AMENDMENT TO ntE BENEFICIAL USE FARM. PROGRESSIVE FARMS LEASE FOR A PORTION OF THE FARM (LINNEBUR FARM) TO BE PLACED IN THE U.S. DEPARTMENT OF AGRICUL 1lJRE CONSERVATION RESERVE PROGRAM . (iii) ORDINANCE NO . 69, SERIES OF 1997 (COUNCIL BILL NO. 76. INTRODUCED BY COUNCIL MEMBER VORMITI AG) AN ORDINANCE AMENDING TITLE 12, CHAPTER 5. OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDITION OF A NEW SECTION 9, ENTITLED PROHIBITED DISCHARGES . (iv) ORDINANCE NO. 70. SERIES OF 1997 (COUNCIL BILL NO . 77, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING TITLE I . CHAPTERS 4 AND 7 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND BY ADDING A NEW CHAPTER I B TO TITI-E 11 . REMOVING CRIMINAL PENAL TIES FOR SOME TRAFFIC VIOLATIONS . " - ' • . .. • • 0 • • - Englewood City Council Sq,lcmber 2. 1997 Pagc6 .. • ... • • (v) ORDINANCE NO. 71 . SERIES OF 1997 (COUNCIL BILL NO. 78. IN11t0DUCED BY COUNCIL MEMBER VORMIIT AG) AN ORDINANCE AMENDING Tlll..E 2. OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDmON OF A NEW CHAPTER 10. ESTABLISHING A CODE ENFORCEMENT ADVISORY COMMIITEE FOR THE CITY OF ENGLEWOOD. COLORADO. (vi) ORDINANCE NO. 72. SERIES OF 1997 (COUNCIL BILL NO 79. INlltODUCED BY COUNCIL MEMBER VORMIIT AG) AN ORDINANCE AUTHORIZING THE PURCHASE OF HOME LUMBER PROPERTY BY THE CITY OF ENGLEWOOD. COLORADO. (vii) ORDINANCE NO. 73. SERIES OF 1997 (COUNCIL BILL NO. 80. INlltODUCED BY COUNCIL MEMBER VORMIIT AG) AN ORDINANCE AUTHORIZING A GRANT OF A lITILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE RELOCATION OF A lITILITY POLE BY THE CITY OF ENGLEWOOD, COLORADO. Vote l"'Cllllts: Ayes : Nays : The motion carried. Council Members Nabhol1_ Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Burns None * *. * * (i) Mayor Bums staled that be pulled Agenda Item 10 (b) (i) because we have the second set of signatures on the Cindcnnak agn:cmcnt on the Cinderella City property. He mentioned that there will be cake and refreshments to celebrate the occasion after two or three years of negotialioas . He advised that. after approval on final reading. the ordinance will bc:comc effective thirty clays after final publication. so this is a time of special celebration for the City. as it will allow us to move ahead with this project . Mayor Bums said he would like to personally thank everyone on Council who bas worked on this and thank the citit.ens and staff for lheir great pa1icncc. Council Member Vonnittag asked if the other signatures were invalid and now we arc going 10 pass it with the real signatures. City Attorney Brotzman said that is not the case. but wc did just ~ the signature from Equitable today . Mayor Burns said wc did not have both panics to the Cindcrmak group until now. COUNCIL MEMBIER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (b) (i) ON SECOND READING. ORDINANCE NO 74 . SERIES OF 19'J7 (COUNCIL BILL NO. S2 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND THE CITY OF ENGLEWOOD, COLORADO. • I • . .. • • 0 ]- Englewood City Council September 2. 1997 Page 7 '· • • • Council Member Habenicht said she would like to have some discussion on this. She said we had three points brought up that were going to be signed off on and she just wanted to clarify that those were the same three points that were discussed with Mr. Mike Miller at the last meeting. City Attorney Brotzman said those have been incorporated into the agreement at this time. Ms. Habenicht asked for confirmation that we had all agreed to those and there was no substantial difference. Mr. Brotzman said that is correct. Voteraults: Ayes : Nays : 1bc: motion carried. Council Members Nabholz. Vormittag, Wiggins. Habenicht. Waggoner. Clapp. Burns None * * * * * The meeting recessed at 8 :00 p .m . for a brief celebration, recon\'ening at 8 :22 p .m . with all Council Members present . * * * *. (c) Resolutions and Motions COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) AND (ii). (i) CONTRACT AMENDMENT NO. 3 FOR DESIGN MODIFICATIONS TO THE ALLEN FILTER PLANT IMPROVEMENTS. (ii) A MUL Tl· YEAR CONTRACT WITH E-Z GO COLORADO FOR THE PURCHASE OF MOTORIZED GOLF CARTS. Voteraults: Ayes : Nays : 1bc: motion earned. 11. Replar Apda Council Members Nabholz. Vonninag. Wiggins. Habenicht_ Waggoner. Clapp. Bums None (a) Approval of Ordinances on First Reading (i) Planning Community Coordillllor Stitt prclCIIICd a RlDDIIUlleedlli from the Depanment of Neighborhood and Business Development to adopl a bill for an ordinaacc: approving an amendment to the Comcrstonc Park Planned Dcvelopmc:nt and ICl a publac hcariag. Ml'. Stitt told Council that the Planned Development was approved in 1993 for the South Subulbln Puts and Recreation District for what is now known as Comcrstone Park . Tiic Planning Conunissioa has held a public hearing on this rnancr. he said. and offered a recomnicndation for Council's ainsidenltioa . Tbc Commission is rcqucsung that Council set a public licaring for October 6 . 1997 Council Mctnbcr Waggoiicr suggesaed that two more restrictions be added to the bill for appnl\111 of the plan . One beang that the CIIMCns of Englewood be granted residcal l'IIICS for tbe me oftbe pa,t. Council • • 0 - - Englewood City Council Sepcembcr 2. 1997 Pagel .. • \ • • Member Vorauuag asked 1f that 1ncludci lhc whole park . Mr. Waggoner responded that it would be die whole of Conacraonc Park ouncil t-tcmber Habenicht asked about citizen groups. like soaic:r C-:.1 Member Wagoeer n:spondc,d 11 .. ould be residclll rates for the citizens of Englewood. Mayor e.. lllbd af thal mcam; t.hcK are no resident rates now because all the rates are the -· Couacil Mclllbcr WIIUl)IICI' aid ~ arc l'CSldenl rates but we currently are considered ~ cl die s.tll s--llllD Parks and Rccn:ation Di•rict. c.c-:il Meaba' Wagoeer continued that the Olher ~riction would be that Slaff would 11C11J1ia1e a paymc111 ill lieu of taxes to pay for the COSI of our police. fire and Olher services. He said dull South s.a.llM llloald pay for those services the same as any Olher resident in the City, so a payaien1 in lieu of taxes would be quite appropriate. Mayor Bums commenled that he thinks they are expecting tbis one . 11ley have been contacted about it and in a letter they wroce fairly recently. he said. some of their board members are actually inviting us to do that. Council Member Habenicht agreed that it would be fair. adding that this is the same courtesy 11181 the City of Englewood extends to another city in which we have some of our rccn:ation and park programs . we are not asking for anything that we have not also done for Olhers. She said she receiwd a call from Pal Croncnbcrgcr from the City of Littleton, who indicated that she is very impn:ssed with the Planning Commission and the hearing. She wanted to express her appn,ciation for their IJCDSitivity bccaUle her district is the one that borders on that area. Ms. Habenicht said Pat Croncnberger feels the requcsa for residents rates is reasonable. Council Member Wiggins asked Ms. Habenicht to tell Pal Cronenbcrger that those issues that her constituents have concerns with will be discussed al a public hearing, so they may co1nc forward and be heard. if they so desire. Ms. Habenicht said she would cenainly do that . The Deputy City Clerk was asked to read Council Bill No. 82 by title: COUNCIL BILL NO. 82 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AN AMENDMENT OF 1HE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOUTii SUBURBAN PARK AND RECREATION DISTRICT) FOR THE INCLUSION OF 2 IN-LINE HOCKEY RINKS. I SKATE PARK. 4 INFORMATION KIOSKS. 4 SHELTERS WITHOUT RESTROOMS AND 107 PARKING SPACES. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMI.ND COUNCIL BILL NO. 12 BV ADDING REQUIREMENTS TO THE PLANNED DEVELOPMENT REQUIRING ALL FEES CHARGED TO ENGLEWOOD CITIZENS AT CORNERSTONE PARK BE CHARGED AT THE RI.SIDI.NT RATE FOR SOUTH SUBUUAN, AND REQUIRING A PAVMI.NT IN LIEU OF TAXES TO BE NI.GOTIA TED BV ST An AND BROUGHT BACK TO COUNCIL FOR APPROVAL Ayes : Nays . The motion earned Council Members Nabholz, Vonnittag, Wiggins. Habenicht. Waggoner. Clapp, Bums None COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 12, AS AMENDED. Ayes · Council Members Nabholz. Vonnittag. Wiggins. Habenicht Waggoner. Clapp. Bums .... . ' ... • • 0 • • Englewood City Council Sq,cember 2, 1997 Page9 Nays : None lbc motion carried. • • • Mayor Bums said that on the southeast comer there will be landscaping after the curb and gutter and other impl'OYCIIICllts are put in there. Regarding the northeast comer where the ball parts are, the area between the fence and the street. he asked if that will be landscaped. Mr. Still said he beliews there will be grass there but he has IIOl seen any plans for landscaping. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET OCT08ER 6, 1997 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED AMENDMENT TO THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK. Ayes : Council Members Nabholz. Vormittag. Wiggins, Habenicht. Waggoner. Clapp, Bums Nays : None 1bc motion carried. Council Member Habenicht asked if it would be appropriate to add the landscaping on the northeast comer as a condition to the amendment. Council Member Wiggins said there are 110111C recommendations from tbe Planning and 2.oning people on the IOUlheasl comer. Mayor Bums said tbe ball fields look beautiful and he has been nolicing that the area between the outside fencing and tbe IIRd looks pretty tacky . Mr. Still said they are waiting until all the COllllruction on Windermere is complete before they go in and do tbe landscaping. Mayor Bums asked that this be verified before the public hearing. Council Member Clapp asked if there will be a blue print available for the public hearing. She said she is really concerned about lighting. Mr. Still said the Planning Commission's recommendation was for a lighting plan and. as a result of the Planning Commission's public hearing. they will making some changes to their site plan and Council will be receiving copies of that information prior to the public hearing. Mayor Burns mentioned that one of the people talifying II the Planning Commission's public hearing is a private client of his and that might causc him to abstain from this public hearing. He said he does 11111 know whelher she is going to come to the public hearing before Council. bu& this was jusl a coincidence and has nothing to do with anything he is doing for her professionally. (ii) Planning Community Coordinator Stitt pracntcd a recommendation from tbe Department of Neighborhood and Business Development to adopt a bill for an ordinance vacating a rigltl- of-way along 1200 thJOugh I SOO WCII Prenlice A\'CIIUC and tbe clcdicalion of right-d'-way along tbe .. side of South Windermen: Street in the S200 block . 1bc dCldicllion and vacation on Prentice is noccaary to straighten out the boundaJy line on the SOUlh side of the park and it was raiuircd as a part of the original planned development. he said . One of the Rlqllirements of that 1993 planned devdopmenl w to bring the curb, gutter and sidewalk along the north side ofWCII Pleatice up to City llandank, lie explainccl. and. iD orda to aa::omplish that . it was delenaiacd IICCIC8al)' to lll'lligltlcD out the boultdary line 811d the ripi-d'-way situation. Likewiac. on the .. a of Sout11 w~ • laid. 111c Cily is roquCllln& clcdicllioa wl 1181 RICCMd from South Subultlu. a clcdic:afic-of a ripi-411-way baa ealrallCC wl tum lanes for the park Rapondlna to Council Member Vormittag. Mr. Stitt explained that the •ni&ht dotted line on the map ,nu be the -propeny lane He poilllCd out 1h11 if you folkM the solid black lillc rrom the Wuideraae Side to the Hdof) Side . 11 bas a.1111 m II . which was the result ofa llllldivisioa dacriptioa fiom badL ill 1927 TIie Cat) and the South Subulllln Board l"elt it -W mallc -1C111C to •nip1e11 dial line out. he said COUOCII Member Vonmttag asked af. OIi the Hickory side. ii will go anight. rollowin& the dolled • . .. • • 0 ]- - • Englewood City Council Scp(cmbcr 2. 1997 Page 10 • • • \. line. and then around lhc Belleview side. so basically lhc whole propeny will be enlarged. Mr. Slill said lhal only a small ponion on lhc Prentice side will be vacalcd and 1hcn there will be a rededication of right· of-way . Mayor Burns asked if he was lalking aboul I hose long poinlcd lrianglcs. Mr. Slill responded affirmalively. Mayor Burns asked if 1he one 10 1he nonh of lhe dotled line will be vacaled and the one to the soulh will be dedicaled. Mr. S1i11 responded affinna1ively. Council Member Habcnichl asked if 1his is ours and if we arc vacating our righl-of-way. Mr. Stilt said ii is basically a wash. They are vacaling a ponion of lhe park and we arc laking ii back as right-of-way. Mayor Bums explained thal we are vacaling the pan lhat is outside the slreet righl-of-way and dedicating the part that is inside the Slrecl righl-of-way . Mr. Still concurred. adding that it amounts to a boundary line adjUSlmCnl to straighten the boundary line on lbc soulh side of the park. Responding 10 Mc;. Habenichl. Mr. S1i11 Slaled 1ha1 ii has aao fia13ncial implications and is not subject to propeny laXeS . The Deputy Cily Clerk was asked 10 read Cowacil Bill No . KJ by lillc: COUNCIL BILL NO. 83 . INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING THE VACATION OF RIGHT-OF-WAY ALONG THE NORTH SIDE OF THE 1200-1 SOO BLOCKS OF WEST PRENTICE A VENUE: THE DEDICATION OF A RIGHT-OF-WAY ON THE NORTH SIDE OF THE 1200-ISOO BLOCKS OF WEST PRENTICE: AND THE DEDICATION OF A RIGHT -OF-WAY ALONG THE S200 BLOCK OF SOUTH WINDERMERE STREET. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCIL BILL NO. Ill. Ayes : Council Members Nablaol1 .. Vormillag. Wiggins. Habenichl. Waggoner. Clapp. Bums Nays : None The lllOlion carried. (iii) Director Fonda prcscnled a recommcndalion from the Utililics Dcpanmeot to adopt a bill for an ordinance reaffirming lhe cstablishmcnl of1he Waler Utility Enterprise. Mr. Fonda said 1ha1 all lhe ordinances 1hat he will be 1alking aboul 1onigh1 arc required for lhe City 10 obtain the loan lhal Ibey have commilled 10 give us for lhe Waler Planl. This jUSI simply reaflin11s 11131 we are a Water U1ility Enlerprise in language 11131 the bondmg people wanl 10 see. Mr. Fonda poillled oul a typing enor, allowing 1ha1 lhc documclll had been pul logcther ralher feverishly when we found oul we had 10 pul all 1his 1oge1hcr on Thursda) al abou1 1.10 p.111 He I hanked Slaff in lhe Ci1y Ma113gcr"s office and 1he Ciiy Allomc) ·s office"''° rcall) "orked diligcnll) 10 gel 1his oul. The cl13ngc is in Scclion 4 • Scver.iblily. in 1bc founh line . lhe word "an" slaould be "any". Mayor Bums asked Mr. Fonda lo stale. for lhe record. why lhe loan is beneficial . C\ICII O\'er and abowe the bond election. Mr. Fonda Slaled 1ha1 I his loan will be eighly per ccnl of a typical bond rate. and he opined 1ha1 is even eighty pcrccnl I J of a general obligalion bond. He cstiniated that lhe inlercsl rate will be around four and a half 10 five pcrccnl . Council Member Waggoner asked if. i111h.11 same ordinance. in 1he second Whereas. at 1he end of 1he firsa line. ii should have read "shall have lbc rigl11 lo exercise". ralher 1han "shall ha,-e lhe exercise~. ,,_ ., • • 0 - Englewood Cit y Council September 2. 1997 Page II . ' • • t• • Council Member Habenicht said she just wanted to clarify that this does not substantially change anything. City Attorney Brotzman said . right now . we have a Water Utilit y Enterprise for TABOR purposes . This just clarifies that for the bonding people. he said . The Deputy City Clerk was asked to read Council Bill No . 85 by title : COUNCIL BILL NO . 85. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO. REAFFIRMING THE ESTABLISHMENT OF ITS WATER UTILITY ENTERPRISE . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 8!1 IN THE SECOND WHEREAS, TO READ "WHEREAS, PURSUANT TO SECTION 121 OF THE CHARTER, THE CITY SHALL HAVE THE RIGHT TO EXERCISE ••• ", AND IN SECTION 4 • SEVERABILITY, IN THE FOURTH LINE, TO READ "SHALL NOT AFFECT ANY ... " INSTEAD OF "SHALL NOT EFFECT AN •.. ". Ayes : Nays : The molion carried . Council Members Nabholz , Vonnillag. Wiggins. Habenicht , Waggoner, Clapp. Bums None COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 8!1, AS AMENDED. Ayes : Council Members Nabholz. Vonnillag. Wiggins. Habenicht . Waggoner . Clapp. Bums Na ys : None Tiie molion carried . (iv) Director Fonda presented a recommendation from tlie Utilities Depanrnenl to adopt a bill for an ordinance approving a loan between the Colorado Water Rcsoun:cs and Power Development Authority and the City of Englewood. noc 10 exceed SIS,S00,000.00. Mr. Fonda explained that this is llie ordinance that will give the authority for us 10 enter into a bond with the Water and Power Authority on llie loan . He said lie has found two additions that must be made 10 the bill . In Scaion 3 - Limited Obligation • the word .. and" must be inserted after the WOids .. principal of". so that it will mid .. principal of and llie interest on the Bond ~. Also. the same change needs lo be made under Scaion S - Bond Account -in the very last sentence. he said . TI1is would read .. ,o pay when due the principal of and the interest on the Bond ... The Deput y City Clerk was asked 10 read Council Bill No . 84 by title : COUNCIL BILL NO . 84 . INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE OF THE CITY OF ENGLEWOOD . COLORADO. ACTING BY AND rnROUGH ITS WATER UTILITY ENTERPRISE. APPROVING A LOAN BETWEEN THE COL.ORAOO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED Sl~.500.000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE SYSTEM COMPRISING THE WATER UTILITY : AUTHORIZING THE FORM AND EXECUTION OF A LOAN AGREEMENT AND A GOVERNMENT AL AGENCY BOND EVIDENCING THE LOAN : PROVIDING THAT THE GOVERNMENTAL AGENCY BOND BE PAY ABLE FROM REVENUES OF THE WATER UTILITY ENTERPRISE : AND PRESCRIBlNG OTHER DETAILS IN CONNECTION THEREWITH . ' ,,_ • ' " • • 0 I ]- - Englewood City Council September 2. 1997 Page 12 " • • • t!' C• ,. COUNCIL MEMBER VORMITI AG MOVED, AND IT WAS SECONDED, TO AMI.ND COUNCIL BILL NO. M BY ADDING THE WORD "AND" TO THE FIRST LINE OF SECTION l, TO READ '"THE PRINCIPAL OF AND THE INTEREST ON THE BOND ... ", AND IN THE LAST LINE OF SECTION 5, TO READ " ..• TO PAV WHEN DUE THE PRINCIPAL OF AND THE INTEREST ON THE BOND." Ayes: Nays : Council Members Nabholz. Vonnillag, Wiggins. Habenicht, Waggoner. Clapp, Bums None The motion carried. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv)· COUNCIL BILL NO. M, AS AMENDED. Ayes: Council Members Nabhol1 .. Vonninag, Wiggins. Habenicht, Waggoner. Clapp. Bums Nays : None The motion carried. (b) Approval of Ordinances on Second Reading lbcn: were no additional items for approval on second reading . (Sec Agenda Item 10 (b) • Consent Agenda .) (c) Resolutions and Motions (i) Director Simpson presented a recommendation from the Depanment of Neighborhood and Business Development to adopt a resolution appropriating and transferring funds to the Englewood Environmental Foundation. Inc. Mr. Simpson advised that this resolution "'ill suppon the continued redevelopment of Cinderella Cit). He e"plained that the Englewood Environmental Foundation 1s the non-profit development corporation that is being put into place on the Cinderella City property to hold the propcny. as a legal cnait). while asbcslos abatement and environn1C11tal rcmedialion is conducled on siic . Council Member Clapp asked if this is a blanket approval of any future expenditures out ol lbc acaJUlll. or if we arc just simply moving the money at this point . Mr. Simpson said this is approval to transfer monies that wen: previously Id aside in the Capital budget in the amounl of approximately SI . I million and an additional S2SS.OOO is being transfcncd out of the general fund for use for lease tenninations and environmental remediation . It is pretty much the budget as Slated on the lasl page of the attachment on Exhibit A. he said . Also . scn•icc contrdCls . he said. and that is all the 1noney would be used for. Council Member Habenicht asked if this means we arc tacitl y approving the set of this budget and that it will never come back to us again . Mr. Simpson said that would be correct . Acting City Manager ES1erly added that it would come back to Council in the form of rcponing that the e"IJCnditurcs had occurml and that they were occurring. City Attorney Brotzman explained that this budget is dilTerent than the boltom line department budgets that Council approves in the City process . In this budget. Council is approving the line ilems that are liSled . he said . They may not use this IIIOIIC)' for something other tlwl what is on the budget document that is attached. he asscned . .--. , • . .. • • 0 • - - Englewood City Council September 2. 1997 Page 13 ·, <. • r • • Council Member Waggoner commented that , like in any other budget, if any money is left over, it stays in the fund until it reverts back to the City . Mr. Simpson agreed, adding that in the particular instance where we have service contracts, with tbe hope that we have the property in redevelopment, those service contracts will be tenninated and the remainder of the money will be returned to the City of Englewood. The resolution was assigned a number and read by title : RESOLlITION NO. 82, SERIES OF 1997 A RESOLIJTION FOR l1tE TRANSFER OF FUNDS FROM l1tE CAPITAL PROJECTS RJND TO l1tE CITY OF ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 82, SERIES OF 1997. Ayes : Council Members Nabholz. Vonnillag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None The motion carried. (ii) Director Fonda presented a recommendation from the Utilities Depanment to adopt a resolution authorizing the public sale of Water Utility Enterprise Obligations payable from the Water Utility Enterprise. He told Council that this is to satisfy a Charter obligation that our bonds be publicly bid. The bonds that he has mentioned will be given in that and then others may also bid to provide these bonds. he advised. We have to do this to satisfy Chaner n:quirements, he reitel'lllcd. The resolution was assigned a number and read by title: RESOLITTION NO. 83. SERIES OF 1997 A RESOLITTION OF l1tE CITY OF ENGLEWOOD. COLORADO. ACTING BY AND lllROUGH ITS WATER ITTILITY ENTERPRISE. AUTHORIZING l1tE PUBLIC SALE OF WATER REVENUE OBLIGATIONS OF l1tE CITY PAY ABLE FROM REVENUES OF l1tE WA TEil UTIUTY ENTERPRISE AND PROVIDING CERTAIN DETAILS CONCERNING 11tE PROPOSED SALE AND 11tE WATER REVENUE OBLIGATION . COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)· RESOLUTION NO. ll, SERIES OF 1"7. Ayes : Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None The motion carried. 12 . Geaeral Di1C11uioll (a) Mayor's Choice I . Mayor Bums stated that lu1 week 1'115 the finl meeting of the lam for the review of the Cinderella City data material and there will be a site inspc,aion this Thunday 11 8 :30 a.m. in the en One Building. He invited everyone to come to that . opining that the lira team meeting -a good 111n. with a IOI of talented people Oil the team and a lot of people partici .. ting . ·- --~ -------·-' ' , •. .. • • 0 l ,I ]- Englewood City Council September 2. 1997 Page 14 • • • ... 2. He said he attended the special RTD Board meeting in Aurora last week . There were two very imponant votes, one to advance the financing for the purchase of cars for the Southwest Corridor Light Rail Line. which have to be ordered a couple years in advance. The other was to advance the contracts and funding for the light rail line. Both of them passed, he said, after a lot of discussion . Although there was no public comment period. Mayor Bums said he was asked to comment on the status of Cinderella City and on the developer, and also to talk to them during the meeting about their voting on these imponant issues. The first vote on cars passed nine to four, and the next one passed nine to three. he said. The latter one extends the total contracts and spending for this project to about $128,(J00,000.00, which is almost two thirds of the entire a1noun1. He felt he will get a copy of the full l'C501ution. After the expenditure of monies on these contracts, even the fly-over will be built, which will be in Englewood and they can actually stan laying track for the line. This was an extremely imponant vote, he said, and RID has been bickering over every tiny detail of this project and this was an opponunity to really move ahead with this project . 3. The Transit '>7 program for passage of the RTD sales tax increase for Guide the Ride will be kicked off in earnest next week . Mayor Bums said he is panicipating in some of those events and encouraged everyone who is a member of a service group or club to call the Guide the Ride Program, the Transit 97 . and ask for staff who will assist you in getting a speaker for groups to talk about the pros and cons of this measure . Your City Council has passed a unanimous proclamation. he said. endorsing the Guide the Ride program. and he encouraged everyone 10 assist in creating a fomm for this. 4 . He congratulated staff on the JCMA award. the award for the community emergency response team . which Council Member Vonnittag also worked on . * * * * * Regarding the RID issue . Council Member Vonnittag asked Mayor Bums how Mr. Fleming voted on that. Mayor Bums said Mr. Flemmg left the meeting after the first vote . TI1e first ~ote on the car purchases had been done once before. he said. and he was not sure why. but they had to vote again. Mayor Bums said he was 1101 quite sure how Mr. Fleming voted. whether he voted against it or if someone else did . Tom Munds of the Englewood Herald is going to check thal. he said . Mayor Bums said he spoke to Mr. Fleming the week before to try to encourage him to come around and stan voting for us on this project . He has always been complaining about the budget and he wants to sec the $21 ,000,000.00, that Congress had recommended. pcrfom1ing this year. Tiiat is actually not complete. he explained. as the House recommended $21 .500.000.00 and the Senate recommended $30,000.000.00, and it is in conference committee right now. so the final dcten11ination has not been made . Mr. Fleming has said that until he saw the money on the table. so to speak. he would not come around on Guide the Ride . Mayor Bums said. when he first asked him how he stood on it . he said he is just against it and was rather abrasive on the telephone and was not going to vote in our favor . On the second item. Mr. Fleming left, and Mayor Bums said there were three others there who arc always against us and they voted against the major proposal for the co111ract e .~pcnditures. but the rest voled for us on this one. There was a lot of discussion and ii was :1 very acrimonious meeting be1wce111hc members. Mayor Burns said he was glad he went because he was called on to talk abont the stains of Cinderella City and he was able 10 give them some good news about the eontracl we celebrated tonight and the review we arc going through and the other exciting things that arc going on there . Englewood has panicipated more than any other city on this line. he said, to suppon this project. and when you show up , they pay attention to you . He said he was very glad he went to this meeting and he feels they made a monumental decision as a board to seriously advance this project . Mayor Bums opined tliat we won 't see any serious allempts to undermine this, and if there arc. they will be too far down the line in the project. He expressed hope that Director Fleming. ' • • • 0 I I ]- - • • • • Englewood City Council September 2. 1997 Page 15 '· when he secs the federal money coming in, will finally stan to vote in our favor . He represents a small part of Englewood. he said, but he eenainly hasn't been voting for us. (b) Council Member's Choice (i) Council Member Nabholz: I . She said she had a phone call from a constituent who was very concerned over the process of our selection of our business and resident representatives for the Cinderella City process. Ms. Nabholz said she will personally be more aware. stating that Council was not in Executive Session when this was discussed, but had just come out of Executive Session. She said she will extend an apology and be more aware that those decisions arc made in an open meeting. Mayor Bums said ii was an open meeting. but there really wasn 't anyone there. He said the point is well taken. 2 . She said she has talked lo City Attoniey Brotzman on some occasions regarding Aurora ·s nuisance ordinance. She said the criminal and civil ordinances were faxed to her and she likes the looks of them, but she said she is not the expen here . Ms. Nabholz said she would like lo have Mr. Brotzman take a look at it and discuss ii in a Study Session . 3 . She said she was in the Library this morning and it looks wonderful. Mayor Bums agreed and congratulated them. as ii was quite a task . (ii) Council Member Vonnillag: I . COUNCIL MEMBER VORMITI AG MOVED TO GIVE S2,000.00 TO LEADERSHIP ENGLEWOOD. He com1nented 1lia1 we can scrape the funds together out of the money we haven ·1 used this year. From the audience. Public lnfonnation Officer/Community Relations Manager Puneerelli said there are a couple of different accounts where it might be appropriate. One is the Special Projects account. which still has some money left. and there is about S2,00tHXI left in Council's Aid to Other Agencies &a:OIIIII. which is still available through the end of the year. Council Member Clapp asked that we wait and look at the Council budget. She said she would love to help the Chamber and also help Inter-Faith. but would just like to see the whole picture before we ~ide. Council Member Habenicht asked ifwe liave money left this year that has already been appropriated and wouldn ·1 be pan of our budget process . Ms. Puncerelli said that. because this Leadership Englewood is now . we would be talking about our current 1997 budget and there is still money in the Council budget available at this time. If Council is interested in participating in this. she said she is sure we can find accounts that will be appropriate . Council Member Habenicht continued that she likes the question about where it should a,mc: from because, if we are talking about special projects. Council Member Vormittag was talking about poaibly putting some more appropriation into the Centennial Project. which would be a spcciaJ project. If lllcR is, within the budget. say. for training and education. and since these would be sponsoring people willlin the •. . , •, • • 0 • • - J • Englewood City Council September 2, 1997 Page 16 • • t• • City. maybe that could come from some unspent budget and training money so that some of these other monies might be available for other things like aid to other agencies, if Interfaith needs it. She asked Aeling City Manager Esterly, if it didn't come from special projects or aid to other agencies, is there somewhere else in the current budgct that it could come from. like in one of the education and training ponions. Acting City Manager Esterly asked that he be allowed to come back with this information at the nexl meeting. Council Member Habenicht asked if it would then be appropriate to say that it is our intention to suppon that and to look for a place from which to get the funds . COUNCIL MEMBER VORMITIAG WITHDREW HIS MOTION. He added that it would be with the intent to look into this. Ms. Puncerclli pointed out that the deadline for applications for Leadership Englewood is September 17"'. One of the things Council can do is select people whom they would like to sponsor in tlie program or they can just make the money available and that would just go towards tlie different candidates. she said. If Council has people from the community in mind who they would like to have be a pan of this program. that deadline is September 17"'. and the next Council niecting is September 15"'. which. slie said. will really not leave a whole lot of time to make a decision . Mayor Bums asked how much it COSls for each person to panicipate. Ms. Puncerclli said it is $400 .00. She said if Council has specific people whom tliey want to sponsor in this program, they will need to be able lo fill out the application and tum ii in by the t 7"'. Mayor Bums said it seems to him tliey could fill out an application based upon Council's indication here that they will find a place for the nlOIIC)' and not l10ld up tlie process . Ms . Puncerclli said that is what she wanted to be sure of. She said if Council decides not to sponsor individuals. the money will go towards the program. Responding to Council Member Habenichl's request for clarification. Mayor Burns said that what we arc doing tonight is showing a consensus of suppon for the program and asking staff to identify where the money is coming from . 2 . Council Member Vonniuag asked for a time and date for Council Members Nabholz. Habenicht and himself for a community recognition meeting. (iii) Council Member Wiggins : I . Regarding a comment that Council Member Nabl10lz made earlier about this business rcprcscntath•e that we ptcked. He said he undcrsaands that S011ieonc was upscc bcc:ausc she didn ·1 make it. He said he did not vote for her and he has Ins reasons. and if she would like to discuss it . then he has no problem with that He said he think s Council welll about it properly. 2. He said he was reading the Cultural Ans Commission minutes from July 2',d and lie wondered, in Ilic last paragraph. Ms . Leonard. who is the Library liaiso,1. is gelling into subjects that, as far as he is concerned. do not apply to the Cultural Ans Commission. He said he thinks the chainnan should keep them in line. indicating that this is in reference to a meeting of RTD light rail people in the neighborhood . ,. - . ' • . 1 ' • • 0 • • Englewood City Council September 2, 1997 Page 17 '· • • t• • They expressed the imponance of their being infonncd. and Mr. Wiggins said he feels it is beyond the scope of the Cultural Ans Commission and does not see that this topic falls within the purview of their discussions. Mayor Bums said he thinks the Cultural Ans Commission is working on the enhancement of the RTD stop. Mr. Wiggins said this had to do with their being upset about Acting City Manager Esterly discussing the fly-away going over and that is the issue . He repeated that he feels it is beyond the purview of the Cultural Ans Commission to talk about that . Discussion of the stops is fine , but if it isn't in their ballpark, Mr. Wiggins said he feels they should stay away from it . (iv) Council Member Clapp: I. She said she has rec:ei\'Cd numerous calls this wcdt, one was direetly related to lighting II Duncan Parle Apparently there arc some concerns over gang activity going on there, she said, and she suggested that lighting be explored for both the daycare and also lite part area. We might want to let tbc Englewood Police Depanment know that there is a c:oncem that gothics may be hanging out around there . Mayor Bums explained that goehics arc a group that is enamored with death. Ms . Clapp asked that the police depanment be informed that that type of activil)• ma)' or may not be taking place. allowing that she has not seen it first hand. She op111Cd thal lhe lighling probably has something 10 do wilh this. 2 . She said she would like to f'C\'1s11 the issue she brought up about a year ago regarding the part nexl to Chern:lyn Elementary School . She said she has asked that we explore lhc possibility of better lighting there and was told no at one time . In liglll of all the aclivity that has gone on this summer at that location. Ms. Clapp asscned thal it is absolutely necessary . We have had teenagers congregating there late at night, she said. drinking and other things that she has on a list. 3 . Ms. Clapp said she also had I question from a c:onslituent around Duncan Part. She wanted to know if All Souls has a pennit for a fence . 4 . She wanted to make Code Enforcement aware that there is some carpet laying out in the driveway al 4870 South Pearl Street and at 4860 South Pearl Street there is a compost pile in the back yard that needs to be taken care of as there arc rats in the pile. S. Ms . Clapp said she received a call from sonieone who is very concerned about the internet in the Library and the fact that inappropriate infonna1ion can be easily accessed . She said the gentleman docs not feel it is appropriate for the Library or for his five year old son. She said that we. as a Council, should go back to this issue and decide how we can limit this. Although she was unccnain how to prooccd, Ms . Clapp suggested getting with Information Services Dircccor Movick to explore some options. She said that such maga7jncs as Playboy and Penthouse arc not displayed and she said she docs not sec the difference here. Council Member Habenichl said this is such a difficult issue and one thal conlinucs to be looked at thoughtfully and carefully and discussed quite often b)• members of the Library Board. The whole process of pulling whal lhC)' call the nanny net on the computers is largely being worked out na1ionally . She said the Library staff and 1hc Library Board arc monitoring this very carefully and will be happy 10 continue to discuss the concerns. A 101 of the laws and procedures arc being established now 1i.11ionwidc. so ii is a hot lopic and one 1ha1 is really difficull 10 manage. Ms . Habenichl said she lhinks Ms . Clapp would be gralified 10 know 1ha1 our Library Board is very conscientious and very concerned about proleeting our children and al the same time protecting our rights, and it is a fine line. . , ,;' • • 0 f I ]- - Englewood City Council September 2. 1997 Page 18 • • I• • Ms . Cla'pp said she 1hinks ifwe have things 1ha1 we do11 '1 allow in the Library, such as Penlhousc, that we shouldn't be allowing 1his either. She said she really doesn't think we should be spending tax money to bring those things in and we should be putting things on there to eliminate those things. Ms. Habenicht said that is the problem. figuring out how lhat can be done. and thal is what is being worltcd out . It is not an easy fix, she said, and ii is being conlinually looked at . Ms. Clapp said they will probably have someone coming to the Library Board. Council Member Waggoner asked if there isn ·1 a big law suit over the type of lhings on the internet and the rule that you cannot restrict its use. City Attorney Brot7.man said that was at the federal level and doesn't affect whether we restrict it or nol on censorship issues. He related thal Englewood has a unique way of monitoring our system lhal other ci1ies do not . Denver. he said, had a 1najor problem because they have cubicles and they isolate you when you are looking al lhe compuler. Our unique fea111re is that everyone can see everyone's screen, he said. Council Member Clapp said apparently lhis person actually went up and spoke with some of the employees in the Library and was not very salisficd wilh lhe safeguards that are in place. City Attorney Bro1zma11 said there are no safeguards. so lhey have gone 10 self-policing inside the room. Ms. Clapp asked why lhe same safeguards I hat arc on the children's computers can't be placed on the other ones. Mr. Brolzrnan said he was lold by Mr. Movick 1ha1 a thincen year old can advance through those systems faster than anyone, and I hat teenage group is who you are actually trying to stop. Ms. Clapp said she feels we should at leas1 try 10 slow down a five year old. The compulers inlended for the s1naller children aclually do 1ha1. Mr. Brotzman said. 6 . She said there still is a dead tree at Tuns and Grant. The real cstale sign is down and she wondered if ii has been sold and why they did not have to take care of it at thal poinl in time. 7 . She said lhe Cinderella City team 1nccting is Thursday at 8 :30 at Bank One . She asked what room that will be held in. She was told ii will be in lhe lobby. 11 . Regarding lhe way lhe 1nccting last wc:ck was conducted. she said Ms. Nabholz made a very good point. It is imponant that we be more aware of wh.11 is on lhc agenda and whal we need to discuss as a Council . She said staff could be a little bil more organi1,ed where that is concerned and we need to make sure 1lia1 we are taking care of all of our business al the appropriate times. * •••• Mayor Burns comnicnled tliat he has also questions aboul parks. specifically Romans Park . Some of the residents 1hough1 lhere were kids hanging oul over there 111 night , also. and maybe some drug deals going down. Some were also concerned aboul lighting. not just for security, b111 some of lhcm wanl to play tennis at night . We have a memo III our packcl. lie said. about lhe cost of lighting and tliat issue did come up from people aboul whether lhcy could lighl Ilic 1ennis couns in tlic evening. but ii is also a security issue. He said he has talked to Safety Services aboul 11 (v) Council Member Waggoner asked iflhere is not an ordinance on compost piles. He said we do allow llicm as long as IIIC) don '1 snicll . Mr. BrotLJnan said llicrc is also anotlicr ordinance regarding the vennin around I hem. Mr. Wiggins said . if ii is properly done. a compost pile won 't attract vernun. • < " • • 0 • • - - Englewood City Council September 2, 1997 Page 19 ·, (, • • • (vi) Council Member Habenicht : " I . She commented that this evening Council received a resignation from a liaison for the Clean, Green and Proud Commission, and there are other vacancies. She suggested reviewing some of the recent applicants and see if they can replace some of those. She said it would be very helpful to get some of these boanls appointed. She said maybe we can include some of our newer members on our boanls and commissions, who are first getting involved. as participants in Leadership Englewood. 2. She said she has been looking for an ordinance to come forward that has to do with our administration and how it is governed and the consistency with our Charter. in terms of the City Manager reorganizing administrative departments. Mr. Brotzinan said he thought two issues were considered one evening and one was put on hold until after the new City Manager is hired and the other one was put on hold until after the election. Ms . Habenicht said she thought one was to be brought forward before and the other after the new City Manager is hired . She asked Mr. Brot1.1nan to review that because she does not want it to slip through the cracks. 3. She thanked Mayor Bums for participating at the RTD Board mcc1ing and she thanked the Board for being supportive of the Southwest Corridor. * * * * * Mayor Bums said at the 1351 Study Session they talked about the special ~lion dinner l'or Bab Gallagher and about buying some tickets for that . He asked how many people IIClually plan to ID to dill on September I Ith . We talked about buying a table. he said. bul if we don't U\'C that~ ,oaplc. !Mft is no sense buying a whole table. Council Member Habenicht cncoura,cd • many c-il Maacn ..a dicir ..-•,...WC•-.. She said the rcheanal dinner for her dlughler's weddi• is dill llipl. ....._*....,...._.,,lie there. She said she did not realiu he -a fonncr City AIIOnlCy .._ ill ~..a ........ • would be appropriate for Englewood to have a niclc showi11g to llc.-Ills left'ICC. IWllldl Im-.. .... ..a exempla,y. Mayor Bums asked that Council Members advise Exceu1ive AssallMI Sue ~ • -• ,-.Mc ,I they plan to anend. He said he plans to go because he has known Mr. Gallapcr for a klllc 11-...... that his brother used to work on his staff in the DiSlrict Anomey 's olficc. pitas lie -a City Ananley .. Englewood . He has a long hiSlory in Englewood and has had a unique can,cr, lie said . . . . . . Mayor Bums said they did vote to continue the special Exccutive Session on a ~ 11111ter Ulllil after this meeting because Council Member Vorminag was not there when Council met before . 13 . City Mua,:er'• Repor1 (a) Acting City Manager ES1erl y pointed out how great the Libra,y looks and inviled everyone to go look at the new and improved Library . 14 . City Anoncy'1 Repor1 . . •. .. • • 0 - - \ Englewood Cily Council September 2. 1997 Page 20 • • .. • Cily Altomcy Brotzman did 1101 have any mailers 10 bring before Council . 15. Adj1N1rament MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned al 9 :32 p.m . ' ' t . •. .. • • 0 - ]- • • ~ ofr~¥ 1. 2. 3. • • • \, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 2. 1997 Call to order. 'J:!,1:,P17' Invocation. w'ft"O Pledge of Allegiance. t/J)llllL) 7:30 P.M. 4 . Roll Call. ( ~ Minutes. a. Minutes from the Regular City Council meeting of August 18, 1997. Ill.ma M*lded page 5, llnellol ........... "$10.00 --on .. whi:le Ngilllallon ,_. rallw llwl $1 .00. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . 8. a. Judy cabrera, Interim Executive Director of lnterFaith Task Force, will address Council regarding Interfaith Task Force . Non~~kn~,:,,::ites.) Communications, Proclamationa, and Appointments. a . Proclamation declaring the week of September 17-23, 1997 as Conatltutlon WNIL b . Proclamation declaring the month of September as National Ul9racy Month. ~.o ;;pr ·-~ c . Proclamation declaring September 18, 1997 as Englewood Houaing Authority Day, honoring the Englewood Housing Authority on the occasion of its 25" anniversary . ~,0' ~- ~ ~- d. Letter from Suzanne Kartquist indicating her inability to continue as a youth advisory member of the Englewood Clean, Green and Proud Commission. 9 . Public Hearing. (None scheduled) ,__ nata: It you llaV9 • dlNbillty and need...-, alda or• tfta11, ,._ nallfy 1119 Clly ol lll ... wood (712-240I) at INst 41 hours In lldvance ol wtwl Nrvtces .. ......._ Tlwdl you. ' • . • • 0 , I - • • • I• . • ' Englewood City Council Agenda s.,,ternber 2, 1997 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. / Council BIii 81 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting grant funding for EMS equipment. STAFF SOURCE: Greg Wuver, Flrallledlc. ,, ~ -AIA b. Approval of Ordinances on Second Reading.~ puifJ.,I IOh/.J.,.,,,,, ~O,uu4- rr•-. .J~'l'4 i /) ~ a'!a>-'1'" • .IJ'O p i. Council Bill 52, approving an agreement with Cindermak for transfer of Jo-, ..... At-.;,,,. ownership of the Cinderella City property. V --,-.. \ ~~ ""~/ ~'1..()1 . -4·,, ~ r;JI'. . ,{'I', / Council Bill 75, amending the Beneficial Use Farm· Progressive Farms Lease to allow a portion of the farm to be placed in the U.S . Department of Agriculture's Conservation Reserve program. l1jJ.··1i N, I -~,iii. ,obi•,' , Council Bill 76, amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System. 11 . Council Bill 77, removing criminal penalties for minor traffic violations. ())II.rm/ l ~-'7rv.f Council Bill 78, approving the formation of a Code Enforcement Advisory Committee . j. lf'l~Vl .. / O"I« Council Bill 79, authorizing staff to complete the acquisition of the Home Lumber property. (J'IAr?i( Council Bill 80, granting a Utility Easement to the Public Service Company. c. Resolutions and Motions. i. ii. Recommendation from the Department of Utilities to approve, by motion, Contract Amendment No. 3 for design modifications to the Allen Filter Plant improvements. STAFF SOURCE: Stawart Fonda, Director of Utilities. Recommendation from the Department of Parks and Recreation to approve, by motion, a multi-year contract to E·Z Go Colorado for the purchue of motorized golf carts . STAFF SOURCES: ...,,.., .Black. Dhctor of Public Works; and Daw LN, Manager of Open Spacee. w.aa,.. ............. .., .... -ca..o1~ .... .. ~,.......,_ ..... ,,, Regular Agenda. C--..1'1111 .... ... ...... ....... In..,,,, .... .. C--..1'1111. Approval of Ordinances on First Reading. i. v Council BIii 82 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an '7-0 amendment to the Cornerstone Park Planned Development and set a public ~~ _ hearing on this issue for October 6, 1997. STAPP SOURCE: Harold Stitt, ~ Planning Community Coordinator. ::;~ ~-~&~~ 1¥"1''-~1U1Mr,7,() PINN noee: If you haw• dtaabMy and need ewdllary .-or w ttu1, .... nollfy Ille City of 11 ... •ood (712•240I) at !eat 41 tloun In edVance of when_... .. ......._ T-* yau. ' • .. ., • • 0 • • - ]~ • 1 • l!ngtewood City Council Agenda !ieptember 2, 1997 Page3 '· • • • ,'IIIJPftf} ii. v' Council BIii 83 -Recommendation from the Department of Neighborhood /))'1.1 -10 and Business Development to adopt a bill for an ordinance vacating a riaht- fltIJi)t. 1 of-way along 1200-1500 W. Prentice Avenue. STAFF SOURCE: Haro =::'to 1 , Stitt, Planning Community Coordinator. "nghtlll" 111 .,.__, ~-~ wi-. ... -~ 11 ~~ iii . .JAecommendation from the Utilities Department to adopt a bill for an ::,-..-~~-....... ordinance reaffirming the establishment of the Water Utility Enterprise. -.i,~.,. h~~ w. :::::::==:~l=~~=a::~~i~r:v :=.:..--:;~ / ~ • ordinance approving loan between the Colorado Water Resources and ~-~ Power Development Authority and the City of Englewood not to exceed $15.5 ,, ". • o.pf'i_:,, ~~ _ t: million. STAFF SQU8CE: Stewart H. Fonda, Dlnictor of Utilities. Varmllall • ~ '-\...,/"fflAI,()-~ a,~OI.CA-4.4~ -7·0 Cl#'lfl v :::::.,.-;;• b. Approval of Ordinances on $econd Reading. page 3, Secllall 3. lnttialnlbllllr R I . d M . -pmc1pa1or and c . eso utions an otions Secliafl 5, 1n.,. • 1-0 Ina, Illar -pnnicpal or .,,,,.. i. v' Recommendation from the Department of Neighborhood and Business o ~ Development to adopt a resolution appropriating and transferring funds to the ~N-Englewood Environmental Foundation, Inc. STAFF SOURCE: Robert Simpson, Director of Neighborhood and Business Development. 12. ii. Recommendation from the Utilities Department to adopt a resolution t ~ authorizing the public sale of Water Utility Enterprise Obligations payable .JJIJ' lP from the Water Utility Enterprise. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. General Discussion . a . Mayor's Choice . b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. CJ ~ g;z fWY' The following minutes were transmitted to City Council between 8/15i97-8128/97 : • Englewood 8oMd of Adjustment and Appeals meeting of April 9, 1997 • Englewood Clean. Green and Proud Commission meeting of July a. 1997 • Englewood Planning and Zoning Commission meeting of August 5 , 1997 . ' • • • ,...... nata: If yau hne a clNbllly and Med 8lldlary alda o, • rla11, ,.._ nomy .. cay CJl •Cflls•oc.d o (712-2405) at !Nat 41 haln In advance c,f .... ..,,_. .. ......_ 111a1* yau. - • y ~ ~~¥ 1. 2. 3. • • • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESOA Y, SEPTEMBER 2, 1997 7:30 P.M. Call to order. 7:%~ Invocation. W'1/'4'° Pledge of Allegiance. t/JAl/k:) 4 . Roll Call. / ~ Minutes. a. Minutes from the Regular City Council meeting of August 18, 1997. llurna-.ldldpag95. bllol .............. "$10.00 ~ an a. Vllllicle rwgillrlllan ,_. 1111w tlWI $1 .00. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8. a . Judy cabrera, Interim Executive Director of lnterFaith Task Force, will address Council regarding lnterFaith Task Force . No~~~~~~-r=,tes.) Communications, Proclamations, and Appointments. a. Proclamation declaring the week of Septarnber 17-23, 1997 as Conetltutlon WNIL b . Proclamation declaring the month of September as Nlllolllll Ulanlcy Month. ~.o ~-~ c. Proclamation declaring September 18, 1997 as l!laglewaad Houamg Authority Day, honoring the Englewood Housing Authortty on the occasion of its 25" anniversary. ~.o' o.pr· ~ ~- d. Letter from Suzanne Kartquist indicating her inability to continue as a youth advisory member of the Englewood Clean, Green and Proud Commiuion. 9 . Public Hearing. (None scheduled) PINN nola: If you haft a dlubilly wl need....., alda or w <11111, .--. nallfy tha Cly ol 11 .... aood (712-2405) at INat 41 hour9 In advance ol whM..,,... .. IWNaCla n.lk ,OU. .. • • 0 - -• • t• • ' ~g111wooc1 City Council Agenda septanber 2, 1987 . Pege2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. Council BIii 81 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting grant funding for EMS equipment. STAFF SOURCE: Greg Weaver, Flrellledlc. b . (:/'proval of Ordinances on Second Reading.~ p«i!1,/ loh1/AtWfl ~0.,uu&- • "'1'0 ~~'t Council Bill 52, approving an agreement with Cindermak for transfer of ~!t1"~ - ownership of the Cinderella City property. V --r-., \ :dJJ1 "'~ii. Council Bill 75, amending the Beneficial Use Farm -Progressive Farms Lease to allow a portion of the farm to be placed in the U.S. Department of Agriculture's Conseivation Reseive program. l)'Jf""1-<>J . i-,, . v -,,, ··1i N, I ,_;,,,iii. /0 1' I ())tl.r/4v. """hfv. ,J.PI~. (J'li .i"?ii. Council Bill 76, amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System. Council Bill 77, removing criminal penalties for minor traffic violations. Council Bill 78, approving the formation of a Code Enforcement Advisory Committee. Council Bill 79, authorizing staff to complete the acquisition of the Home Lumber property. Council 811180, granting a Utility Easement to the Public Service Company. c . Resolutions and Motions. i. Recommendation from the Department of Utilities to approve, by motion, Contrad Amendment No. 3 for design modifications to the Allen Filter Plant improvements . STAFF SOURCE: Stawart Fonda, Director of UtllltlN. ii. Recommendation from the Department of Parks and Recreation to approve, by motion, a multi-year contrad to E-Z Go Colorado for the purchue of motorized golf carts. STAFF SOURCES: Jerrell Black, Director of Public Worb; and Daw LN, ...... ol Open 9pecN w...-. MllllanlD .... .., 11 . Regular Agenda. ..... "CIIIIIMIII ~ IIWI • dWIN ................. ,,, C---Pn--..; ... a. Approval of Ordinances on First Reading . ,........,.... • ..,,,, ...... ~ C---Pn. ~ j ~ i. Council Biil 12 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an '7-0 amendment to the Comerstone Park Planned Development and set a public ~~ _ hearing on this issue for October 6, 1997. STAFF SOURCE: Harold Stitt, ~ Planning ComnNlnlty Coordinator. ::3°1. ~-~~~~ /~,.,,-74) PINN nol9: If Voll._• dl11lllltf and need....., alda or• rla 11,,..... NIiiy ._ Cly of ln ... aood (7U-240l)at ........... In ..... of ................... T'-*,au. . ( ,. .. • • 0 - - • • • • (. l!ngle\;ood City Council Agenda :Mplember 2, 1997 Page3 ,~ ii. Council BIii 83 -Recommendation from the Department of Neighborhood ti}7.1 -1,0 and Business Development to adopt a bill for an ordinance vacating a riaht- r.1',t t of-way along 1200-1500 W. Prentice Avenue. STAFF SOURCE: Haro W1gg11n1r-ma11an1o ,' · stm, Planning Community Coordinator. ;~ .. ~ ~ .. .J wtw.a, ftr "Ille City 11 ~~ iii. ..JRecommendation from the Utilities Department to adopt a bill for an ::' i-111e· ~~•-' ordinance reaffirming the establishment of the Water Utility Enterprise . .wdi,y~111e ~~~~~ ::::~:::=,:::~l=:~:::~===~~i~:: :=:..~~ ordinance approving loan between the Colorado Water Resources and 1 G Power Development Authority and the City of Englewood not to exceed $15.5 ,, " • ~ ~~ _ t:. million. STAFF SQU8CE: Stewart H. Fonda, Director of Utllltles. Valfflllag-rna11an ~ifjtAO-~ ~tlfiP"ftA.IL-OA~ -7·0 Cl#'lf/ ::=.:.S,.-:'9 b. Approval of Ordinances on $econd Reading . 1111119 3, Sec11an 3. In the tint Ina ... c . Resolutions and Motions =::: -,..0 line, .... "Ille pmiq. of' .off'· i. Recommendation from the Department of Neighborhood and Business O 114,, Development to adopt a resolution appropriating and transferring funds to the f\P~ Englewood Environmental Foundation, Inc. STAFF SOURCE: Robert 12. Simpson, Director of Neighborhood and Buell'INS Development. ii. Recommendation from the Utilities Department to adopt a resolution i .ttM authorizing the public sale of Water Utility Enterprise Obligations payable .JJI)' 'lP from the Water Utility Enterprise. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. General Discussion . a . Mayor's Choice . b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. '1 : ~ f)'Y'1'1 The following minutes were transmitted to City Council betwNn 8/15/97-8/28/97: • Englewood Board of Adjustment and Appeals meeting of April 9 , 1997 • Englewood Clean, Green and Proud Commission meeting of July 8 , 1997 • Englewood Planning and Zoning Commission meeting of August 5, 1997 PINN nole: If you hne a di blltJ wl llNd audlary .._ o, WW1N, ...-nallfy .. Clly o1 •••a.d (712•2411) at 1Ne141 hours In advance ol WMn _... ......... Tl-* yau. ' • ' .. • • 0 - ]-- • • • •• <. ENGLEWOOD CITY COUNCO. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seaioe Aupll 18, 1997 I. Call to Order The regular meeting of the Englewood City Council was called to Older by Mayor Bums at 7 :34 p.m . 2. lawcation The invocation was given by Council Member Wiggins. 3. Pled&e of Allqiaace The Pledge of Allegiance was led by Mayor Burns. 4. Roll Call Present: Absent: Council Members Nabholz. Clapp. Wiggins. Habenicht. Vonnittag. Waggoner. Burns None A quorum was present. 5. Mata Also present: Acting City Manager Eslcrly City Attorney Brotzman City Ciak Ellis Acting Director Kahln. Public Works Assistant City AtlOmey Reid Cinderella City Counsel Miller Director Simpson. Neighborhood and Business Dcw:lapmenl (a) COUNCIL Mt:Mal.R WIGGINS MOVED, AND IT WAS SECONDI.D, TO APPROVE THE MINUTES Or THE REGULAR Ml:E11NG OF AUGUST 4, 1"7. Ayes : Council Members Nabbolz. V«mittag. Wiggilll. Habeaicbt. Waggoner. Clapp. Bums Nays: None Molioa carried . 6 . Scllledllled Villiton Mayor Burns advised that under Scheduled Visitors tonight we have special pmea«M.w to rour people who participated in the Lakewood Plannina Aaldemy. He said it -his '-to call forward rour al our Planning and Zoning Commissioaer's. Billy Dou&las. Kristin Coale. Dftc Weber ud Cart Welker. Kristin Cottle was not present. ' . . • . 5 ~ . .. • • 0 ]- • • • • , . • '· En&lewood City Council Auplt 18, 1997 Pace 2 Mayor Bums Slated that these individuals have completed a thorough four month course of study in the fundamentals of planning and wning through the Lakewood Planning Academy. This Academy provides valuable background and insight into the community planning process and equips planning commissioner· s with the knowledge necessary to render balanced and thoughtful land use decisions. Mayor Bums said that he and the Council wished to thank them for their participation in this efl'on and their dedication to the City. He noted that the knowledge they have gained and brought back with them will be of enormous value. DOI only to the Commission and the Council but to the community. Mayor Bums commented that he had signed up for this too, but his schedule was so bad that he dido 't get there enough to graduate. But. he said. there were some very interesting sessions that he was able to anend. He stated it is an excellent program and perhaps we might think of doing something like this in Englewood one of these days. {a) Mayor Bums offered his congratulations and pn:sented Englewood Planning and Zoning Commissioner Billy Douglas. Jr. with a cenificate for his panicipation in the Lakewood Planning Academy . {b) Mayor Bums noted that we will make sure Kristin Cottle receives her cenificate for her participation in the Lakewood Planning Academy . (cl Mayor Bums offered his congratulations and pn:sented Englewood Planning and Zoning Commissioner Dave Weber with a cenificatc for his participation in the Lakewood Planning Academy. {d) Mayor Bums offered his congratulations and pn:sented Englewood Planning and Zoning Commissioner Carl Welker with a cenificate for his panicipation in the Lakewood Planning Academy. Mayor Bums commented that they also received a very nice plaque from the City of Lakewood upon their graduation and it really was an excellent course . He thanked all the members who attended. (e) Norwood Mcfarland was DOI pn:sent as scheduled. (I) Ms. Chris Moc was DOI present as scheduled. She was scheduled to discuss a building code concern. Council Member Habenicht advised she was contaclCd by Ms . Moc . Ms. Habenicht noted that she visited with some neighbors and has subsequently visited with Acting City Manager Chuck Esterly and he has been responding 10 that. She advised that Ms . Moc indicated that she would not be coming to Council that she felt that we were trying to work through all or the concerns that they bad. Mayor Bums thanked Ms. Habenicht and noted he appreciated that. 7. Nlllt-tldled111ed Viliton (a) Jim Recs. a business owner in Englewood. 92S West Kenyon Avenue. said he suppons the idea behind Council Bill No . 74. He noted he was here a couple of weeks ago with some numbers. which Council wholeheanedly rejected so. he said. he has mo,e, Mr. Recs stated he would 11111 go through the disscnation on why we should have this bill . that they ~ that in front of them. Council. he noted. has indicated they would like 10 sec the salaries increased. He Slated that the cost of living. or conswncr price index. on the $400 that Council 110w receives. that the value of that is S809 .20 . That. he explained is what it takes to buy S400 wonh or 1979 goods. So. he said. he would like 10 1DC the numben doubled so Council can 5lal1 out on an even keel . He commented tbal he would also like to ec • COil or living index ormme kind put OD this 50 thal rue-council people do aot haw to 10 tluuup lhia. Mr. Reel advised that the numbers he quoted were from Michael R. Mower. u oconomi• for the legislatiw council. lhal he gave him the index nwnben to come up with the SI09.20. --------L ---r;a.--\ "' - ...... ,,, .... •• ., • • I • 0 I - • • Eaciewood City Council ADpll 18, 1997 PaceJ <. • • • "There were no communications. proclamations. or appointments. 9. Public Heari•c No public hearing was scheduled before Council . (a) Approval on Ordinances on First Reading .. • COUNCU. MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (UI), (Iv) U411 MON nRST READING. VORMl1TAG (i) COUNCIL Bill. NO. 76. IN11l0DUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 12 . CHAPTERS . OF THE ENGLEWOOD MUNICIPAL CODE 198S BY THE ADDmON OF A NEW SEcnON 9. ENT111.ED PROHIBITED DISCHARGES. VORMl1TAG (ii) COUNCIL Bill. NO . 7S . INTRODUCED BY COUNCIL MEMBER A Bll.L FOR AN ORDINANCE AUTHOIUZING AN AMENDMENT TO THE BENEFICIAL USE FARM • PROGRESSIVE FARMS LEASE FOR A PORTION OF lllE FARM (LINNEBUR FARM) TO BE PLACED IN THE U.S. DEPAR1MENT OF AGRICUL l1JRE CONSERVATION RESERVE PROGRAM . VORMl1TAG (iii) COUNCIL BILL NO. 80. INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AU11fORlZING A GRANT OF A UTil.lTY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE RELOCATION OF A UTILITY POLE BY THE CITY OF ENGLEWOOD. COLORADO. VORMITTAG (iv) COUNCIL BILL NO. 79 . INTRODUCED BY COUNCIL MEMBER A Bll.L FOR AN ORDINANCE AU11fORlZING THE PURCHASE OF HOME LUMBER PROPERTY BY THE CITY OF ENGLEWOOD . COLORADO. VORM11TAG (v) COUNCIL Bill. NO . 71. INTRODUCED BY COUNCIL MEMBER A Bll.L FOR AN ORDINANCE AMENDING nn.E 2. OF THE ENGLEWOOD MUNICIPAL CODE 198S BY THE ADDITION OF A NEW CHAPTER 10. ESTABLISHINO A CODE ENFORCEMENT ADVISORY COMMITJcE FOR THE cm OF ENOU!WOOD. COLORAoo. .. • ' ., • , __ • t • 0 I Eaclewood City CCN1ncil Aupll 18, 1997 Pa&e4 Voteraulu: · ... (. • i. r • ~ • Ayes : Council Members Nabbolz. Vormittag. Wiggins. Habenicht, Waggoner,Clapp,Bums Nays : None Motion carried. (b) Approval of Ordinances on Su:ond Raiding COUNCll. MEMBER VORMITf AG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (i) ON SECOND READING. (i) ORDINANCE NO . 67, SERIES OF 1997 (COUNCIL BILL NO. 74, INTRODUCED BY COUNCIL MEMBER VORMI1TAG) AN ORDINANCE AMENDING TI11.E I. CHAP'lll S, SECTION 8, OF 1liE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO CITY COUNCIL SALARIES . Mayor Burns commented that he did DOI think they maid have an escalator in a council bill for salaries, because you would be raising your salary during your term of office . Council Member Waggoner said be would not think so . City Attorney Brotzman advised 1h11 is right. Council Member Wiggins asked City Attorney Broczman about 1hc following example . He commented lhal right now Tom Burns is unopposed. so he mighl coaceivably be reelected. Mr. Wiggins noted if Mayor Burns comes on Council again and Council comes 10F1her with the two new members replacing he and Council Member Vonnittag. the seven of lhcm will get together and they will pick a Mayor. Council Member Wiggins said lets assume Tom Bums is not elected Mayor and lets say Kells Wqgoocr is elected Mayor. but he is in his second term. Mr. Wigias ukcd if Mr. Waggoner will receive the salary as Mayor as indic:aled in this. Council Member w..-, IIMld it~ be the old salary. Council Member Wiggins questioned whether it would be the old sa1aJy or ifbe ~ mow: up &o the new aluy. City Attorney Broczman explained that be is not being n,clected ID it ~ llill be al the old sa1aJy as Mayor which is SSOO a month right now. Council Member Wiggins ukcd. if Tom Burns were rcclecled as Mayor. if he would receive the new Mayor's salary. City Attorney Brotzman advised that he would receive the new salary . Voce ttailh: Motion carried. Ayes: Council Members Nabholz. Vonniuag. Habcnicbt. Waggoner. Clapp, Burns Nays: Council Member Wigins (c) Resolutions and Motions COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM 10 (c) (i) FROM TRI CONSENT AGENDA. (1i) COUNCIL MEMaER VORMITfAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA mM 10 (c) (H). CONTilACT Willi C 4 C SUPPLY IN 1liE AMOUNT OF S27.461.7S. FOR 1liE PURCHASE OF CATCH BASIN ORA TES . II ~ . ' . ' • .. : • • 0 , I - En&lewood City Council Aupll 18, 1997 Page !I Voteraults: • • I• • Ayes : Council Members Nabholz. Vonniuag. Wiggins. Habenicht. Waggoner. Clapp, Burns Nays: None Motion carried. (i) A resolution declaring Englewood City Council suppon of Ballot Issue Number 10. the Colorado Transponation Needs Act . which is being circulated for signatures for the November 4, 1997 General Election Ballot was considered. Council Member Clapp stated there just doesn 't seem to be enough detail as far as the bottom line what taxes would be increased. She said it looks like we would be supponing something that would allow the County to create a new tax. Ms. Clapp advised that she wanted the opponunity to vote no on this as she does not feel real comfonable with it . Mayor Burns advised that this is the CTN proposal, which is the. son of. companion tax issue on the ballot this fall. along with the Guide the Ride Program. Both oflhcm grow out of the Governor's Blue Ribbon Panel on Transponation and they have been discussed at Transit 97. Transit 97. he noted. had a press conference last week with regard to Guide the Ride but noc CTN. CTN had to get ballots and signatures and it thought it still had another step 10 go through:.);lut. he said. CTN is the increase in user /0 oE, fees of vanous kinds. including a gas la.~ increase of S.05 . SJAl(l increase on the vehicle registration fee and S 100 .00 new wheels tax. which funds highway projects in various pans of the State including some of the metro area . He noted that both of these ite1ns arc on the agenda on the DRCOG Board Meeting on Wednesday night and he didn ·t know whether Council wanted to give him any panicular direction with regard to the CTN proposal. Of course. he noted. Council passed a proclamation unanimously supporting Guide the Ride. so that is not a problem. CTN , he said. is still being discussed quite widely. He advised that it has been proposed through everyone he has talked to. and Transit 97. that these two not be bundled together for suppon. They are really being kept separate. He noted he went to the Southeast Transponation Management Organi:zation meeting Friday, right after the Arapahoe Mayor's and Manager· s Breakfast. TI,ree County Commissioner· s were at the breakfast and one of them. Polly Page. chaired the Transponation Committee meeting at SETI.tO and they were all talking about CTN. Guide the Ride. Lakewood Mayor Linda Monon. who chairs Transit 97 and the Mayor's Caucus. was at the SETMO meeting and giving her pitch for Guide the Ride . Mayor Bums advised that she also agreed that these arc separate. they should not be bundled together. Mayor Bums pointed out that Council has not had a chance 10 study the CTN proposal in a Study Session. which he thought they would do before they would vOle on it . He said he 1s not swe what Council wants him to do as far as the voting on Wednesday rtight at DRCOG. He aclmowlcdgcd it is an issue of some complexity. He said he is not sure whether Council has it . but that there are top questions and ariswers on this proposal that have been issued by the CTN people. He noted it is not in their packet. but that he has it and he -sure Council would want to see it. He said he will have it copied because it asks a IOI of very pointed questions about why these increases are proposed. what they are about. why they don't come from the St.ate buqct or the General Fund. whal projects are being built according to this suggested increase in users fcics . He advised that cities and counties do share in this. where they often don 't at the State legislature. Council Member Wiggins commented that they haven't shared in the past. Mayor Bums agra:d and :advised that if it comes from the State Legislature. through the General Fund. they haven 't been allocating funds for local government. TI1is proposal does. Council Member Vorminag asked if he could move to postpone this for two weeks . Council Member Wiggins asked if he was tabling it . Mr. Vorminag COIIIIIICllled that if they table it it is dcld . Mayor Bums said he thought that either way they can bring it back . He aclYiled that he called this morning about it because he tboughl they should at least have a study session on 11 baore they put it on the COIIICllt • • 0 , Englewood City Council August 18, 1997 Pa~6 .. • 0 • Agenda . He said. as far as whal Council might wanl him 10 do Wednesday nighl. lhat he can be neutral if lhey want him 10 do 1ha1. Because. he noted, there are some pans of this he favors and other people. such as Li1tleton Mayor Dennis Reynolds who has questions about it which he has voiced 10 him and did again at the breakfast on Tuesday . So. he said. the proponents of lhcse two are being rather careful to keep them separate. lhat they are different issues . Council Member Nabholz staled she would appreciate. at this point. until lhey have an opponunity to study ii and take a look al it. lhal they take a neutral position on it. She said she is also concerned lhat lhey are hooking ii together. Council Member Habenicht said she would like 10 ask Acting City Manager Esterly if he would say why our staff is supporting ii. Mr. Esterly explained lhal ii was a request that came through from the Colorado Municipal League and we actually saw no reason not 10 suppon ii and they were soliciting suppon from around lhc S1a1e . Mayor Bums commented lhal 1he Executive Director of the Municipal League was al lhc breakfast on Friday and he did give a pitch for this . The thing 1ha1 lhe League likes about ii is that there is local funding 1ha1 goes with ii. Mayor Burns said the memo said the City of Englewood would receive $5 .2 million over lime . Council questioned whether the $407,000 figure was an annual figure . Acting City Manager Esterly asked 1ha1 Aeling Director of Public Works Rick Kahm address thal question . Council Member Habenicht said that she thinks ii is imponan1 10 suppon this. She agreed that it is lotally , something totally separate. Bui al lhe same lime. she noted. Englewood has ccnainly supponed 1he Guide lhe Ride in 1cnns of lhe rest of the municipalities that have helped suppon us with our quest for light rail down the soutl1wes1 corridor . She said she thinks also a lot of lhe things that are decided in 1cnns of 1ransi1 for our metro area arc detennincd by lhe whole State and the S1a1c legislature. She opined lhat all of 1ranspona1io11 is imponant for all municipalities. Other municipalities across lhe State ccnainly are being asked 10 suppon the needs of us in lhe metro area. Ms . Habenicht offered the opinion lhal while this may 1101 be a huge boon 10 us in Englewood. or maybe even the strongest thing for just the metro area. lhal municipalities throughout the State would be advantageously served by this ordinance. She pointed oul 1ha1 ii is a local control issue of broad based conccm. For that reason. she stated. she would suppon ii and recommend 1ha1 Mayor Burns suppon it al DRCOG and have Council's suppon of it behind him . Al the same time. she said. she would want 10 give him the authority. !hat if some good strong arguments would come up. thal would be reasonable for the him 10 come back to Council. Mayor Burns could say "hey now listen we came with this suppon initially. bul the discussion ensued" ... and then have ii come back 10 Council . Council Member Habenicht said she ccnainly wanlS 10 sec Englewood being suppon1ve of other municipalities ' needs. whenever it isn ·, lo our disadvantage . And. she noted. she does 1101 1hi11k 1his is 10 our disadvamagc and it would ccnainly help a lot of other communities acrou the Slate . Acting Dircc1or Kahm said. in addressing Council's question on funding. along with the request from CML came an estimated schedule of revenues . He advised that Englewood's share would be approximatel y $407.000 per year for lhe length of1he program . He said he doesn 't have lhe packet in fronl of him. bul 1ha1 he believes ii sunsets in 13 years . Mayor Bums adviml that ii sunsets in 2010 if the projects are not completed earlier than lhal. He noted there are 28 proposed projects selCCled by COOT and the total funding. in this schedule for Englewood. would be $5 .2 million over lhlll period ol time. Council Member Clapp wamcd 10 know 1f1hey had any idea how this would illlplCI a family uai1. She asked wha1 1hc percentage will go up on \'Cl11clc registration and what is 1hc new wheels tax. Is it the purchase of a new car. ~hen you go III and re-register. and what is the PffllClllaF on tbal? Ms . Clapp commented 1ha1 site has a hard umc supponmg something when she doesn't have all oltbal blcqruuad ,. - ... • • 0 , - Eastewoocl City CIMlncil Aupaa 18, 1997 Pace7 <. • ,, - • • information. Mayor Burns stated that he thought that was a good point. He llOlcd there is information in the question and answer list. He said it really gives you a IOI of answers to those questions, because they are essentially user fees . The trucking industry tends 10 be opposed to this because it is a user fee. One of the responses to that lhal was gi-Friday to that was "well if ylNI get the General Fund to pay for lhal instead of the truekcrs. they would go for that." Mayor Bums advised thal a IOI of people support user fees when it a,mcs to this kind of lilnding. because then the people who are actually using the facilities and the roads an: actually paying for them. That.Jae noted. is one of the arguments and there is-good material they have passed out on this that Council certainly should have. He Slated lhal. he finds himself supporting this personally . He opined it is probably a good idea cvcn though there are some questions about all of the projects. Some of the material says that we got behind on our funding for our roads when the economy dipped in the late 80' s. When we were in the recession the legislature got behind the CIII\IC. so to speak. on highway funding . And this. he noted, is an attempt to uy to make some of that up . Council Member Vorminag asked Acting Director Kabm if there would be a problem if this was postponed for two weeks. Mr. Kahm advised that there is no liming problem at all. In fact. he said. as the Municipal League asked for 511ppOn. at that point in time the petitions for signatures to get on the election wm: still being circulalcd. So. he noted. we an: not even SUR it is on the ballot at this point. Mayor Bums stated. lhal as far as the ballot proposal is concerned. there is no problem at all postponing this for Council's study. Acting Director Kahm said. to put it in perspective. presently the City gets approximately a million dollars a year from the Highway Users Tax Fund . So. he advised. this would go up about 40"/a. it would be that type of increase. COUNCIL MEMBER VORMl1T AG MOVED, AND IT WAS SECONDED, TO POSTPONE AGENDA ITEM 10 (c) (i) FOR TWO WEEKS FOR FURTHER STUDY. Council Member Wiggins advised that he goes along with the motion. but for the meeting Wednesday he staled he would go along with the Mayor supporting it. Ma,or Bums 3*cd if lhal was the aJ1U1C11SUS of Council . Several Council ~ iadicated their qRCIIICIII with Council Member Wiggins. Council Member Wiggins said that he agreed with wllll Council Member Habeaicht said. about somcdling crucial coming up. Ayes : Council Members Nabholz. Vormittag, Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. 11. Rcplar Apda (a) Approval of Ordinances on Fint Radin& ( i) Assiltanl City Anomcy Reid pn:acated a l'flCOIIIIIICnd l'rom the City Attorney · s Office to adopc a bill for an ordinance removing aiminal penalties for minor uaffic violations. She advised that CWTeRtly all municipal ordi•acc violations. which includes tnfflc. are aiminal in naaun: and thcn:fOR have a poaible jail 1e111encc as put of their pcna1ty . Council Bill 77 would recommend removing criminal penalties for some minor traffic violalions. which -.Id make them in the lllblre of a civil issue and a civil penalty . She staled tba& they fed maa mi..-traffic violalioas aR IIIOR Cllily and effectively handled as civil maacrs. that the pn11pee1 of a jail .-ace is 11111 ~ b lbc calon:cment of lhlllc. Other traffic viola&ians tbat aR of a -lerioul -.re. IIICll u ca.... ckmlll, ieck1al drivin&, no proof of iauaacc. and thole type of affeam woald naaia criaiaal ia ..... SIie . . • . • • 0 I • • • Englewood City Council August 18, 1997 Paces <. stated they think lhat the decriminalization action would eliminate the very detailed criminal procedures that an: attached to anything lhat has a criminal penalty. such as jury trials. oowt appointed CXIWISd, warrant procedures when someone fails to appear in coun. Ms . Reid explained that if Council agRCS to decriminalize these types of minor traffic violations. the fines would be collected. not with warrants or threats of jail. but would be collected in a civil type manner. More specifically. she advised. the first line of collection would be to put a hold on their driver's license with the Department of Motor Vehicles so they would not be able to renew their drivers license until the penalty had been paid. She Slated they would envision lhat this ordinance would go into effect January I. 1998. Mayor Bums noted lhat there an: exceptions for the more serious violations that an: not decriminalized. Assistant City Attorney Reid said yes. that would be careless. reckless and no proof of insurance, She advised there is also the issue of. .. if there is something that would be say four points or less. other than the careless driving. that an officer thought was of a 1nore serious nature. due to the facts surrounding the incident. they could still charge them in State coun. The City Clerk was asked 10 read Council Bill No . 77 by title : COUNCIL BILL NO. 77. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING Tlll.E I. CHAPTER 4 AND 7 OF THE ENGLEWOOD MUNICIPAL CODE 198S AND BY ADDING A NEW CHAPTER IB TO Tlll.E 11. REMOVING CRIMINAL PENAL TIES FOR SOME TRAFFIC VIOLATIONS. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (11) (i) -COUNCIL BILL NO. 77, ON FIRST READING. Council Member Wiggins noted. on the hold on the drivers license. if they do not pay it it goes to Motor Vehicle and Motor Vclucle will not renew their license until they make this good. He asked if this stays applicable in the other 49 states if they do not make it good. or is it only for Colorado. Assistant City Attorney Reid advised it is just for Colorado. Council Member Wiggins said dam. Ms. Reid explained. after that. if that docs not work then the City has the option of going to a c:ollcction agency and c:ollecting it. as any other civil judgment would be. Council Member Wiggins pointed out that it is not profitable to go to a collection agency when they skip to another state. but at lcasa we goc them out of Colorado. which is a gain anyway. Ms. Reid agreed that is a gain. She commented that we don ·1 know for sure. since we haven't done it before. what the percentage would be. but that it is probably about the same as people who have failures to appear and warrants. who also skip the State. Mayor Bums noted. in a dccnminalized system. they still accumulate points under the point syStcm so their driving pnv1lege will be suspended the same way as they were before. 1f tllC)• have those kinds of violations. Ms . Reid concurred and noted that while the dccriminali1.ation ordinance would take away the possability of sis months in jail. which is in there now. it also increases the amount of the fine they could have. if they are multiple olTcndcrs. Council Member Wiggins said. back to that question Mayor Bums asked. that they might be suspended. but by the same token Motor Vehicle and the couns do not aca:pt a suspension unless they have been personally served. He asked Ms. Reid if that was right. Ms. Reid said yes and asked if he was talking about. for example. the photo radar issues. Mr. Wiggins said any of these issues in here. if they accumulate enough points to get their license suspended. but in fact they keep moving, all they have to send is a ccnified letter of !heir last known address. but • Joe violator" jUSI keeps moving, thus he is not served. So when an officer stops him he is under suspension by their rcciords. so he writes under suspension plus NOL . no valid operators license. Tiic guy co1ncs 10 coun and you can ·1 prosecute him ro, • . ... D •· • 0 , I J - - • • Englewood City Council Auplt 18, 1997 Pace9 •, '· • .. • • under suspension. because he has not been properly served. He asked if that is com:ct. Assistant City Attorney Reid responded that is lruc. exccp( wc don ·1 do suspension in Englewood Municipal Coun anyway. that is County. And Ibey have lhat problem lcchnically, she said. because it is the problem of the Dcpanment of Motor Vehicles finding 1hem . Council Member Habenicht asked if they don 'I have a suspended license and they can do that. what will happen to them. She said she is just conccmcd that what this is is if you pay you drive and if you can't pay then you don't drive. Assistant City Attorney Reid advised no. that it would not cbangc that panicular issue, because when it comes to suspending a drivers licemc tbal is in the purview al the Dcpanmcnt of Motor Vehicle and they arc the ones that suspcncl it anyway. She Slaled tbal. wbedler it is criminal or civil in nature. they still accrue points if they Fl a conviction in the Englewood CIOUlt. If lllcy get a conviction. she said. the a,un sends in the notifacation of the conviction with the poilllS and the points arc logged by Molor Vehicle as to how many points they have. Then, she IIOICd. wbcn Motor Vehicle finds they have a ccnain number of points that would merit a suspension. that is when their procedure. that Council Member Wiggins was talking about. goes into clrcct . Then they notify them to come in because they arc suspending their license . She noted that happens either way. whclhcr it is criminal or not . Council Member Habenicht asked if lliesc people can pica bargain. Ms . Reid responded yes . She said let's say for example ii was a two point ticket . That is still an issue. that is Slill llllllcthiDg lhat can be done. She IIOlcd wc think it would be done in simpler and more SlrQmlincd method and wc an: bapiag to wort towanl something. possibly even for a mail-in ticket. Bul she IIOICd. a& this time wc an: not contemplating the kind of mail-in 1ickct like Denver has. which is like if you mail in this tickcl you get two points olfand that's it . Ms . Reid advised that the prosecution dcpanmcnt of the City feds thal you should still take into consideration someone's past driving record when you make any kind of a plea bargain olfer. If you give everybody two points olf if they mail in their ticket. there is no credit given to good drivers or no extra punishment for bad drivers. So. she said. they would envision ar this point llill looking at each violation 10 sec whal it is. 10 sec what kind of record they cunently have and determine any pica bargain 1ba1 then: might be 011 points based on that. Council Member Waggoner called for the question . Ayes : Council Members Nabholz. Vonniaag, Wigim. Habenic:lll. Waggoner. Clapp, Burns Nays : None Motion carried. (ia) A recommendation from lhc City Auomcy ·s Off"icc 10 adopl a bill for an ordinance approving an agn:c1nen1 wil11 Cindcrmak for transfer of ownership of the Cinderella City propcny was considered. Mayor Bums IIOlcd that the lina time Council had this before them they approved a form of an onliaance and it was subslantially chanp and Council said the IICXI lime they wallled Ciadenaak to lip il ftnt. He advised that as of lalc this afternoon it appears we have a faxed sipatUre from Cindcnaak 1111d tbal we have Mike Miller wuh us . Micbacl Miller swcd l1ial he is acting as Special CCIUllld to the City with reprd 10 the Cindcrmak qreemcnl. He asked Iha& they IIOCicc lbc top of the WI wllicb says 6 :49 Ibis cwning Phileddpbia lime. which is why they jusa nx:civcd it. He advilCd Iha& the..,..... that Council has in fnllll afdlem. wllicb they reviewed in Study Session. has been signed now by Kravco. He aid he allO lflOlie .. ._ 4 :lO dlis . ' .. • • 0 I Englewood City Council August 18, 1997 Page 10 • 0 I • • afternoon with a representative from Equitable who also has approved the agreement with two caveats. which he said he will mention to Council. Mr. Miller stated that the only reason they do not have the Equitable agreement is that the person witb signing authority has now retired and Equitable needs to, through their own internal process. deputize somebody with signing authority and that could not occur by this evening. But the representative of Equitable has signed off on the agreement. Mr. Miller said the caveats arc nonsubstantive. He said they have asked. subject to Council 's approval . regarding paragraph 3 (c) of the agreement. if they will specifically exclude any warranty regarding the parking structure. Mr. Miller commented that as Council knows this agreement contemplates that upon closing there will be a release of any obligation of the parking structure. He said they do 11111 want to make any warranty as a condition of the parking structure pursuant to this agreement. He Slated that wc did not c:oo&emplatc that there would be any wananty as to the parking structure. The second item that they want is in paragraph 5 .1 (c) dealing with their wanantics. He advised there is a provision that says if any event transpires after the agreemen1 is signed. which would render the warranty no longer accurate. that they would have an opponunity to cure that . He said they want a similar right if a warranty is currently not accurate. that before the City would pursue a claim they would notify them and give them an opponunity to correct the error before they were liable. Mr. Miller said he 1hought that was lhe intent of the agreement. but the way it was drafted. on reflection. 1hey fell that it needed 10 be clarified. The last item. he advised. in paragraph 11. 11. there is a definition of knowledge. He no1ed 1lia1 there are many provisions in the agrccincnt that say 1ha1 lhey are representing to us 10 the bcsl of 1heir knowledge . He advised they would like to limit that knowledge to the knowledge of Greg Moore as lhe representative ofCindennak. The reason being, he explained. is 1ha1 1his project lias existed for over 30 years he would guess . People have come and gone and 1hcy do not want 10 be charged with the knowledge of somebody who may have been here 20 years ago. Coincidentally. he said. Greg Moore did run lhis project when he was in Denver before he was transferred to Atlanta. So probably. he pointed oul. 1he person currently having the most knowledge of this project is. indeed. Greg Moore. So again. Mr. Miller said. he docs not believe that is a significant change. He pointed oul that all of our dealings have been with Mr. Moore on behalf of Cindennak. So. he no1ed. there arc those 1hrcc caveats. 1he signature from Kravco. and he said he has an assurance from Equitable lliat the agreement will be signed as presemed wilh lhosc three clarifications. Mr. Miller stated there are 1wo 01her i1ems he needed to point out 10 Council . This agreement. he said. is being presented to Council with 1he unders1anding tliat 1herc will also be an agreement regarding 1hc Selby parcel. It is their understanding 1ha1 the City will agree 10 1he sublease. Indeed. he said. wc have prepared and we have an agreement on 1ha1 sublease. Tiicy have asked for a couple of changes. he advised. which arc consistent with the City ·s understanding. In essence there will be a sublease for the remaining term of the Selby parcel and they will have 1he right to 1ennina1e it on six months prior notice after the fil"SI year. If they should 1ennina1e ii . 1hen 1hc City would liave 1he right of condemnation or they would be back 10 where they are now. Mr. Miller staled 1lia1 1hey wam 10 make certain that the City docsn ·1 terminate that agrecmenl as a methodology of circumventing lhc lease and attempting to then condemn them. Mr. Miller advised 1ha1 1lia1 was consisrent with 1he Ci1)"s undentanding so he did not believe that would be a problem. He said he didn ·1 w-Jnt 10 go inlo the sublease but he JUSI wanted Counc1l 10 appreciate the fact that 1hc agrccmenl 10 1ransfer the Cindennak propcny camcs with it the understanding that we will also ha,,e an agrecmem on 1he Selby parcel. Which is something lhe City lias been anxious 10 obtain for some ume. so. he noced . ii should be consis1en1 wi1h 1he Ci1y·s underSlanding. The last thing that he wanted to bring to Council's :ineruion. he said. is why 1his ca1nc at the hour it came. He advised there is a discussion currenlly going on between lhe panncrs themselves. that docs 11111 impact the City. with rcprd 10 the financial obligation of Cindcnnak under 1his agreement. Mr. Miller stated that the individual partners wam 10 be sa1isfied from I heir Equi1able representative that he docs in fact have a handle on what 1hcir obligaiion and numbers are. He is providing lhcm the detail of that budget . Mr. Miller advised that 1hcy are not asking for anything from 1he Ci1 y al this point. but there is an internal matter going on between them. He said his feeling is lhat lhe City would obtain a substantial leverage. assuming the agreement is ocherwisc acccplllble. if they were 10 approve the agreement and present it to them and say this 1s 1he basis 1ha1 1he City will :icccpc ii . He said he thinks we have put them in a position where they . ' •. , •· • 0 f I - - • En&lewood City Council Auplt 18, 1997 Pqe II ·. <. • • • will no longer be able to come back to us as they have for what is now three years. So, he said. his recommendation is that the City adopt the agreement that it has in front of iL with the lhrcc clarifications that he mentioned which. he said. he docs ROI believe arc substantive. He said he thinks they arc clean-up items. Council Member Habenicht asked if they could have a subsequent. son of a mutual. equitable. agrccmcot on that 11 . 11 Knowledge, limiting the knowledge to that of this Council. Mr. Miller said in other words the knowledge of the City would be limited 10 the knowledae that anyone currently serving on the Council has. Ms. Habenicht said yes. Mr. Miller said that is fine. Ms. Habenicht said when she asked about her conc:ems before. what she was trying to express. that she tJaigbt that was the same scasc she had. Obviously, she noted. they had the same kind offecling she bad and maybe it could just be mutual. She said what she is saying is that she understands their thinking. Mayor Burns commented that they might do lhaL but that he wouldn't be a bit surprised. as a public entity. that that is not going to hold up in c:oun if challenged. Council Member Waggoner said it seems like that is what it says anyway. City Attorney Brotzman stated it is pretty close 10 that anyway . Council Member Vormittag noted this is Council Bill No. 52 Introduced by Council Member Waggoner. He asked City Attorney Brotzman if this is a second reading or a first reading. Mr. Brotzman advised that this is a first reading as amended. Council Member Waggoner asked Mr. Miller if he was satisfied that Ilic changes in this particular draft satisfy the concerns that they had over hazardous material and the timelincs that wc had esaablished. Mr. Miller said yes. that there is a provision that Cindcnnak or its contractor is obligated to sign the manifest. they have agreed to that and it is now included in the agrccmcnt. Mr. Miller stllled that they contemplate that the contract with the contractor will have a liquidated damage provision and will be bonded . He advised they do ROI have the agreement in front of them. But. he pointed out. Council will have an opponunity to approve that contract . Council Member Waggoner pointed out that Mr. Miller was concerned with that other major paragraph in there on the timing and obligations of each pany and he was going to change all that. Mr. Miller advised that has been changed and. for reasons that will become appamit as time goes forward. he thought llle timing was going 10 wort out as they contcmplatcd. He said he docs not think tbal is going to be a problem. The City Clert was asked to read Council Bill No . 52 by title: COUNCIL BILL NO. 52. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND 11iE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii)· COUNCIL BILL NO. !'2, WITH CLARlnCATIONS, ON rntST READING. Council Member Waggoner said he thought it would be good to let the public "-tbal it was not Englewood or the Council that has been holding up the project. that it has been the p,occss with Cindcrmak and that side or the bargaining Ulblc rather tlaan llle City . He comlMDted tbal he"-they have been criticized for taking so long to come to some type ol an action with Cindcrclla Cicy and he thought now it· s time that wc can move forward since wc arc getting this close. ... ,. - • .. • • 0 Enclewood City Council Auplt 18, 1997 Pacel2 (. • • I• - Mayor Bums said that is a good point and that he agreed. He acknowledged this project has gone on for a long time, but wc arc n:a:iving title to propeny plus the money to remediate it from Cindermak. instead of condemning it and having to pay several million dollars for the property as a City. So even though it has taken time, he opined that wc have gotten a pretty good deal out of it. Council Member Waggoner called for the question. Vote,-lts: Ayes : Nays: Council Membeni Nabholz. Vormiaag. Wiggins. Habenicht. Waggoner, Clapp. Bums None Motion carried. Mayor Bums commented that was unanimous approval and he off'ered a,ngratulations to everyone involved. In response to Council Member Vormittag. City Attorney Brotzman advised that second reading is September 2"". (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 10. Consent Agenda.) (c) Resolutions and Motions (i) Director Simpson presented a recommendation from the Department of Neighborhood and Business Development to acccpl. by motion. the servic:es of the Center for Regional and Neighborhood Action (CRNA) and Compass RPI to assist with the evaluation of tnlDSit oricnled development at Cinderella City . He advised that as a priority item with the City of'Englewood. ratc:velopment of Cinderella City needs to move forward. It was. after much consideralioa he said. a City Council issue to engage the services of Compass RPI and CRNA IO assist the City of' Enatcwc,od in - decision making on the planning and devdopment of this pllliadar parcel . He Slaled. to dial cad, ace they are a volunlCICr organiz.ation. staff is requesting City Council RIike a motion to accept the len'ica of' Compass RPI and CRNA and to ensure City Council and staffpanicipalioa in this decision making process. COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO ACCEPT THE SERVICES or THE CENTER FOR REGIONAL AND NEIGHBORHOOD ACTION AND COMPASS RPI TO ASSIST WITH THE EVALUATION or TRANSIT ORIENTED DEVELOPMENT AT CINDERELLA CITY. Ayes: Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. 12 . Geaeral Diacuuioll (a) Mayor's Choice . ' • .. • • 0 , I - • En&lewood City Council Aupn 18, 1997 Page ll '· • • I• - I . Mayor Bums mentioned that he has been out getting signatures on a nomination petition for rcclcction and has been to a lot of homes in Englewood in his District. He said he has been amaml at how patient the public is with us on Cinderella City and things like that and noted it comes up constantly in conversations that people are just excited about moving ahead with il He said he told them this last weekend that we would probably have a signed contract tonight. that he was hoping we would and we have . Mayor Bums swed he is very pleased about that. He advised that he gets a lot of questions about waaa quality, taste and odor problems and clouding. And. he noted, when he talks 10 young motben who dnw a bath for their children in lhe evening and they look at the water and say ~no. I don't think we are ping to do that tonighl" ii concerns him greatly . He said he would like to see us mowe forward as much as possible on waler quality . He said he also n:ccived questions on the Concrete Utility, but that he thinks that is being pretty well rea:iwd. 2. Mayor Burns 5lalCd he did enjoy the Tent Talk last week II Cushing Part . He Doted we are at Cushing Part a lot. He said he noticed the Chamber is having a picnic at Cushing Park 'lllunday night and the City Employee annual picnic is the next day on Friday at Cushing Parlt. He invited everyone who can. to panicipate in those events . 3. Mayor Bums congratulaled everybody and staff on lhe Cinderella Ciiy agreement. He said he really feels we can move ahead 011 1his now . 1ha1 he is very anxious 10 sec how 1heir work with Compass RPI and CRNA 1ums oul. He comme111ed we can do special lhings with 1ha1 development and reach a consensus and move ahead on ii. So. he said. he is very pleased . (b) Council Member's Choice (i) Council Member Nabbolz: I . She said she would like to possibly RICCI with Stu Fonda. She advised 1h11 Aurora is doing a thing to help bolsaer communiiy awareness of waler conservation. where they tour up into Leadville and show where their water originates. She suggested ii was something we migh1 want to think about chedting inlo. 10 inform the citizens why changes cost . 2 . She stated sbe appreciated tbc kick off for Guide the Ride program last Tuesday morning. She said she thought that was a nice event. 3. She advised that Tcnt Talk was a great suc:ccss and she tlw*cd Neigllborbood and Busi.a Devdopmcnt for 1h11. 4. She said she would like to reques1 an updated hiaory on the duplexes in the 3000 block al South Delaware in the Dartmouth duplex . S. She advised she got a phone call just as she was leaving tonight from a lady who has oompl1in11 at 692 East Amherst Place. She said she would like 10 get the history on police contacts there and if they have a license for a potbellied pig. 6 . She thanked the Cultwal Arts Commission for all ol their hard wort . (ii) Council Member Vormiuag: I . He advised that be IIICDded a moetiq with tbc Cullaral Ana people laa Friday, die al all al the year 2003 . He noted lhal C\'ell though he will be alfolCouacil by dlCll, llc waald lillc ID wDllt widl ' , • • 0 , Englewood City Council August 18, 1997 P•KC 14 • 0 • them maybe down the road. to be involved with that . He opined that will be a really sua:essfuJ item. probably an all year celebration. He said he is looking forward to wortcing with them on that. 2. He thanked Mr. Miller for the fine wort he has done on this contract with CindeRlla City. He said he knows he has put a lot of time and effon into it and he just wanted Mr. Miller to know we appreciate it. He thanked Mr . Miller . 3. He said he would like 10 talk Lo Bob Simpson about getting involved with the Compass people too . He stated he is really looking forward 10 worting with them and it will probably be one of the last projects he does with the City . (iii) Council Member Wiggins : I . He asked City Attorney Brotzman if we have any ordinance that limits the size and the nwnber of satellite dishes a resident can have in the City . Mr . Brotzman advised that we do cum:ntly and we also have a moratorium on larger ones . He stated that issue is going to be going to Planning and Zoning and then coming back to Council . Mr . Wiggins asked who be should talk 10 about this. City Attorney Brotzman referred him to Harold Stitt . 2. He stated that be thinks Code Enforcemelll needs 10 check around General Iron Worts for weeds . He noted from the sidewalk 10 their fence has prolific growth and it needs to be brought up to standard. Aeling Director Esterly staled they will get on it. (iv) Council Member Clapp : I . She advised that she has been worting with a lot of dilfcrent people on a possible food and clothing drive. She noted there seems to be a real need for food and cllllhing. especially with the welfare rcfonn . It is not that we arc ncccssarily in a huge crisis. but she does see there is a need out there to assist people from falling on the system at tlus point in time. getting sucked back imo it. She noted moslly women and children arc going out there and trying to make it on their own . Ms . Clapp advised that she spoke to one of the County Commissionen. Commissioner Brackney. and asked him if this was a real concern and a real need . He was very excited abllul the prospect and said absolllldy, it is a very real need and he would wholcheanedly suppon something of that nature . So. Ms. Clapp said. sbe IOOk it aaotber step and spoke to Molly Marqueue one of the social services~ over there. They bounced Ibis idea back and fonh and decided if they could get municipalities behind it. not accasarily 10 do all the wort.. she said she dido ·1 want to give them the wrong idea. bua just to embrace the idea and give it some public support if you will . Maybe. she said. with a little bit oCPR OUl there we could do a lol olpolitive things. Council Member Clapp advised that she would be willing to work on this. to do letter writing. to med with people on it. try to explarn what wc arc doing with other municipalities. that type a( thing. Reall y. she noted. Moll y Marquette mdicated that they may be willing to help in the way of Ind pick up. those types of 1h111gs . Ms . Clapp stated she bas a list of delails wc would need to work out . She advised that one would be a nonprofit organiution where wc could store and distribute food and clothing from . Drop olf sites. maybe compames such as King Soopers and Safeway . Ms. Clapp poimed out that she his not approached any of tl1CSC people . that she is coming to Council fina for some support . She DOied they had talked about media coverage. She brought up the issue of a theme . She said if wc could coonlinale these elfons through municipalities and coumies that she fdt II would be imponant to have a real plllitive theme . maybe Hand in Hand type of theme . Ms . Clapp advi.s tbM sbe would be llkin1 Council to support a proclamation for the month of October. She aid they really thoupt Octabcr would be tbe baa month to do thi t . She noted they have to have a little ti-to prepare for it and pl thinp orpaized ud they dido ·1 want it 10 fall within the holiday -She ClpUled that people pl III boaPd clDWII willlin the holiday season that it is really hant to make anctbins bkc tlus dl'cc:tive . Ms. Clapp RIiied that is tbe •. .., • • 0 f ? Ea&lewood City Council Aupn 18, 1997 ··~·!I ' • • <• - time frame and !hose are pretty much the details that we have yet to work out. She reiterated there is a need out there and she would be willing to do most of the wort . Mayor BllfllS noted that is really quite a proposal. He mentioned that John Brackney was al the breakfast oo Friday and talked about this and generally the implementation of welfare rcfonn is one of the biggest challenges that the County Commissioners have at the moment. He noted they have had a drop in the rolls. he thought. anticipating welfare rcfonn. but as you get down in the sys1em you will get down to that harder core group that is the toughest ponion of the people that need to be repositioned. And if. he noted. you have a limilal amount of time that you can be on wclfan: they a>uld have some real needs before this is over. He all1IIIIClllCd that that ties right into that type of thing. Council Member Clapp opined that our County Commissioners had a really tough job witb the welfare rcfonn and everything else that was on their plate recently. She said this would be a nice way to support their cfJons and what they are doing and try to make it a sua:ess. really get behind what they are doing and try 10 assist people. Mayor Bllfll5 said indeed. as he recalled. John Brackney was asking for support from the municipalities. Because it really is quite an undertaking to make Ibis change. Council Member Waggoner pointed out 11181 we participate in the Inter Faitb Task Force. He asked how they enter into this arrangement . He said he understands that is a IOI of what they do. assists families in need . Mayor Bums said 11181 they do. Council Member Clapp advised that she toun:d Inter Faith and that she knows they were just on the edge of doing some food drives and clothing drives. that type of tbing. She said she doesn 't know if they have and when she toun:d the shelves were almost bare. Ms . Clapp stated she doesn 't want to strike panic in anybody. because they were oo the VCfF ol doing some things and that may not be the case today. Ms . Clapp opined that what we need to rcc:ogniz.e is that the need is illcreasing and certainly it is not a huge crisis. but there is an increaed need ud we need to do our share. Especially. she poinlal out. in consideration of the fact that we utilize 60% ol what they take in. al Inter Faith. here in Englewood. Council Member Habenicht said she thought it was appropriate when a Council member has an interest in an issue that helps pull us together and wants 10 wort oo that. She said she dido ·, think Ms. Clapp was talking about major staff resources. She asked Ms . Clapp if that was uue. that she was talking about just primarily tl18t she will be doing this and working in cooperation witb.other cities and maybe some stafJ support. Council Member Clapp advised she would ask for some staff assistance. possibly from Paulcua Puncadli. as she feels she couJd offer quite a bit of her communicalion skills and PR skills to this. But. she said. she certainly would not want to monopoliz.e her time. Council Member Habenicht asked Council Member Clapp if this is something she would 111e worting through witb other cities like bringing to the Tri-Cities group . Ms. Clapp said yes. definitely. Mayor Bums asked Council Member Clapp if she wanted a consensus from Council at this point. if that was kind of what she was looking for. Ms . Clapp advised she fell she absolutely would need something like that 10 proceed. Council Member Nabholz advised that she would also like to lend her support and noted tbat is a big Ulldenaklag. She said she lends her suppon because she has a \'CIY di\'Cf'IC district where she really IIICS the need. COUDCil Member Wagoacr llalCld that he pcrsoully docs DOI have I prublem with it either, but tllal be MNlld like to 111e it CIIIClfdillllled with IDier Faith. to -extmt, since -panicip11c witlt 1.-r Faidt. ,- • I • .. ., • • 0 I Englewood City Council Auplt 18, 1997 Page 16 • • • Mayor Burns noted it sounds like what Ms. Clapp is talking about is son of a suslainiag type of supply, that Inter Faith tends to do more of crisis management. Council Member Waggoner adviml that be knows inter Faith has a food drive every year. because the Englewood Rotary Oub panjciplles in it. Council Member Clapp advised that wc would have to have a nonprofit assist us with this. tbcrc is no doubt of that., it is just that she hasn't approached anybody so she would hate to commit anyone. Council Member Vormittag asked Acting City Manager Esterly if be could sec a problem with Pauletta Punccrelli helping her out. Mr. Esterly said he was not sure he was cornfonable oommitting Ms . Punccrelli 10 the work on this 1onigl11 . He advised he is oomfonablc committing to provide staff support to get things done and wc will have 10 sec which direction this hcad5. He pointed out that social services type issues are ROI an issue that wc here in the City of Englc:wood are routinely involved in. Council Member Clapp said okay, that that is fair enough. Mayor Burns told Ms. Clapp that he thought she had a amscnsus of suppon and wc will see where it goes from here. Council Member Vormillag asked Ms . Clapp if she wanted lo work on the proclamation for October. Council Member Clapp advised that she will work on a proclamation for the month of October 10 kind of gear up for this and gel 1he word oul. so people know its coming around. Council Member Vormittag wished Ms . Clapp good luck . Council Member Habenicht said she just wanted 10 clarify that Ms. Clapp would be working with County Commissioners and other representatives pulling together and son of helping to be one of the caaalyst5 to make this happen. And. she continued. Council Member Clapp would wort with the City of Englewood as Englewood's representative. ROI looking toward us becoming social services to supplant her, lo do anything, 10 pick up any kind of financial thing that the Stale or Federal is giving away. bul jull as a way to help muster suppon for tbe volunteer sector and the nonprofit sector. Council Member Clapp said that if anything like that came about she would ccnainly bring that bac:t 10 Council. But. she said. she docs ROI sec that need right now . She opined that what they are looking for right now is suppon and voluntccn and some organization in this c:IJon . 2 . She advised that she and Council Member Habenicht had a meeting with Dan Broczman and BaJb Fout last week . She noted that really some wonderful. wonderful suggcslions came out of tbat meeting. One was that basically that wc really need an cducalion pn,cas for our boards and amunissions. She opined that wc really haven ·1 gone out 10 our boards and oommisFions visilCld with them or goacn them all together. Council Member Habenicht added WC haven 'I goacn toFtm lor u infonnalion process. Ms . Clapp advised they would like ID bring somcthiag like tbal as a proposal to Council . She asked Ms. Habenicht if they were ready lo do that. Council Member Habcaicbt said she !bought it - good 10 lei Council know ahead of 1i1ne that it is coming and maybe working with Dan Broczman. She DOied ii son of dovetails a little bit on the repon wc got from the Cultural Ans Commission 100. about looking al the fact that lhcrc really isn ·1 anything standard that wc really have in place. Council Member Clapp said we don 't have an orientation in place. Ms . Habenicht agreed that was the term they used. (v) Council Member Waggoner advised that quile a few ycan ago as pan ola class project. he thought it was Mike Woika w11h the Utilities Dcpanmcat. had IIUdied looking ialo a baaled water program . He said he was ROI sure whaa he came up with as far as numbers. 11111 lllal be happeaed ID be reading Water Weck for this -h and ii had a ai(:c aniclc ia tllll'e abcllal --eicipalilia oonsidcring bollled plant WIiier. He DOied ii talks about several of the cities paillg iDlo the process of producing boctled plant WIiier with a little extra wort al the plaal. He said lllal aipl .. us arauad - ..... • . .. • • 0 , I - - la&iewaod City CoullCil Allpll 11, 1997 , .. 1, • r • • of the tas1c and odor problems that we have. Mr. Waggoner opined that it might be time to blUsb off the rq,on tbal Mike Woika did and maybe lallc IIIOlber look al wlllll the alll would be to ,et into a pnx:a1 like 11w. rather than C\'el,t,ody buying boaled waler al Safeway or rmbeR ele, maybe we ~ provide it on our own lhJOugh our plant. In ,apome to CouaciJ Member Habeaicbl. Mr. Wagoaer said a lot of lhosl: cities are marketing it II a special ume. Mayor Burm cxnl!N'lDled lhll iuay i.-wncn lllowed bim their boUled water. bul lhal is bec:aule they dicln 't like our WIier. CouaciJ Member Wagoaer said Ibis might Ff around somedling lw: lbll. lhal maybe we could ldl our own WIiier. 13 . City........,,..,. AaiDg City Manager Eslcrty did not have any matters to bring before Council . 14 . City Alfaney'I ..... (a) City Aaonaey ~ ld¥iad dial be did IIOl mat to appoilll OUllide aimml • dlis ~-~. be requesaed tbal Council appaiDI an as1lilnllor ror .. UllpMIC wilb die fildipas' bOallXt. He l&aled they mould have tluec -tbal -albmiltecl to Council by Mania Semple. our labor counsel. 11 well II the fin:fighlcrs• IIIUCIII COUllld . He med tbal Council ldecl -oflhosl: namcs. COUNCIL MEMBER WAGGONER MOVED, AND rr WAS SECONDED, 10 APPOINT DA YID VAUGHN AS COUNCIL'S CHOICE or ADITRATOR. Ayes : Council Members Nabllolz. Vonnittag. Wiggins. Habenic:ht. Waggoaer. Clapp. Bums Nays : None Motion carried. (b) City Attorney 8w ,c. -• n lled Couaci1 Finto Exec:uli\,e Seaioa immcdi#ety liollowing the regular City Council .-iJll III dill*9 a ,al .,.. .-er. COUNCIL MEMBER VORMl1TAG MOVU, AND rr WAS SECONDED, 10 GO INTO EXECUTIVE SESSION IMMl:DIA'ID.Y IIOLLOWING TIO aEGUIAa crrY COUNCIL MEETING 10 DISCUSS A Ill.AL ISTAff MATTER. Ayes : Coucil Meaben Nabllolz. Vonaiaa&, Hora I "ck w..,.... a.,,. a.. Nays: Council Member Wigim .. • • 0 · ... <, • . .. •• \' " AClnater ,....__. Che t II efC4Cew-•NN ...... Sonie Smithers 2863 S. Grant St. Leadership Englewood Coordinator Greater Englewood Chamber of Commerce Mr. Mayor, Members of Councl no•-= ,« .... 100 ...... ~80110 , .......... .,. ha(80II ......... I have spoken to l8Y8l'8I of )'OU privallaly COIIC8fflng Leadership Engle\T.ood and I know you share our inl8nlst In aealing a pool of well informed thoughtful people In our COfl'l'1'lfflil who wll take leadership poeiliolis in the future. Every organization which uees volunleera stands lo benefit from this pool. Civic organizaliona, pubic and priVllle IChools, chartable foundations and local government wll al pnJII from this group. Thele c:iliz8ns wll UN their talenls and intonnation lo aid the groups of their choice and may even run tor eladed office. Bec811N this effort ii being und8l1aken by the Clwnber of Comnwat loglllher wlh ftllidenls and government oftlciall I wll become a pem,al8flt tMlrlt in our IDwn. E"91'1 .._. IIC,ee of UI CUfflllllly lnVOMlit .. no longer here, the Ofgallizaliol• we 1ep1111nt wll be carrying on the work of Leederahip E11gl1 ood. 1 am n1qU 11f ID a conlrbllion from the City of $2.000. W. would .. lo -118 City apc,c..-1IM> indMduala and UN the 1•ml11dlr of 1111111111 tDr 118 ge,wal ldlalallhip bid. '' •. • • 0 • • • • PROCLAMATION • WHEREAS, on September 18, 1972, the City Council of the City of Englewood. Colorado established the Englewood Houaing Authority with the passage of Resolution No . 48, Series of 1972; and WHEREAS, the Englewood Housing Authority ("EHA ") wu established becawie of UD88Ditary and unsafe inhabit.eel dwelling accommodations that exi.lted in the City of Englewood at that time; and WHEREAS, the EHA bu hem working toward the pl of making dbrdable bouam, available to citizens of Eqlewood with low and moderate ineomea; and WHEREAS, the 1997 misaion statement of the EHA ream : 'To provide ~t, safe and affordable houaing within the City of Englewood by i.ncreuing bouaiD( oppartunitiea for individuala of low and moderate income regardleaa of race, religion, aex, age, national origin, handicap, or family status;" and WHEREAS, the Enclewood Houaing Authority currently OWIUI and manaps 204 anita for the elderly, handicapped and diaabled; and WHEREAS, the Englewood Housing Authority currently OW1U1 and manaps 10 anita for low-income familiea; and WHEREAS, Englewood Housing Authority currently bu 370 unit.a wbicb provide rental 111111i11tance for families, elderly, handicapped and diaabled where the E.H.A pays the subeidy directly t.o the landlord on behalf of the tenant; and WHEREAS, the EHA'a cummt Hounar Rehabilitation Prop-am pnmclea flnand•J and technical uaistance to bomeownen and landlords t.o rehabilitate older boaaiq, including a loan procram utilizinc a comortium of banb' line of credit and federal and state funds; and WHEREAS, the City'a c:arrmt Project BUILD Prop-am which ia manapd by the BRA providea home CJWW'8bip oppanaaitiae to moderat.e income bouaebolda by damotiabinr physically dilapidated or ftmctionaDy obaol-t boa.. and buildini -liD(le-family homea for aale to owna"-occupallta only. WHEREAS, the Eapewood Houaiq Authority alao manaps 19 unita __. by a -- profit corporatioD for low and moderate income familiea located tbroupoat ~ and WHEREAS, Ses,t-nber 18, 1997 marb the 25th Anniversary of the Bapawaod Boaaiar Authority aa it celebratN pnmdin, bouaing prosrama which belp the~ of Eqlewood; and WHEREAS, the alaran for the En,tewood Houain( Autbority'a 2ldl Alllm•W7 ii •A dJD&Dlic put .• chaUenrinr future"; and • • • 0 • • 0 .. - WHERE.AS . t h e Englewood Housing Authority has, primarily through the use of federal , state, muni ci pal and private r e sources managed to develop various h ome ownership programs and opportunities: NOW THEREFORE , I, Thomas J. Bums, Mayor of the City of Englewood , Colorado, her eby proclaim Thursday, September 18, 1997 as: ENGLEWOOD HOUSING AUTHORITY DAY and urge all citi ze ns of the City of Englewood, Colorado to acquaint themselves with the m any programs the Englewood Housing Authority provides in providing quality housing to the citizens of Englewood and to recognize the contributions which the Englewood Housing Authority officials make every day toward the goal of making affordable housing available to low and moderate income citizens of Englewood and allowing t hem to advance . GI'lEN under my hand and seal this 2nd day of September, 1997. The Englewoo d City Co uncil wishes to congratulate the Englewood Housing Authority on its 25th Anniversary for its many accomplishments and numerous programs it has toward quality housing to the citizens of Englewood . ~- _\lexandra Habenicht, Mayor Pro Tem • I f • • 0 .. - PROCLAMATION WHEREAS , our F ounding Fathers, in order to secure the blessings of liberty for themselves and their poste rity, did ordain and establish a Constitution for the United States of America: and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all e ncroachment; and WHEREAS, the two hundred and tenth anniversary of the s igning of the Constitution provide s an historic opportunity for all Americans to realize the achievements of the Framers of the Constitution and the rights, privileges, and responsibilities it affords ; and WHEREAS , the independence guaranteed to American citizens, whether by birth or naturalization. should be celebrated by appropriate ceremonies and activities during Co n stitution Week , Se ptember 17 through 23. as designated by proclamation of the President of the U nited States of America in accordance with Public Law 915; ~OW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood , Colorado. hereby proclaim the week of September 17 through September 23, 1997 as: CONSTITUTION WEEK and urge all citizens of Englewood, Colorado t o reflect during t his week on the many benefits of our F e deral Constitution and American citizenship. GIVEN unde r my hand and seal t his 2nd day of September, 1997 . ,, . Pnnted on Recyc lea Paper -;_3_. I 0 ' • • • • 0 .. - PROCLAMATION WHEREAS , the problems created by illiteracy affect all Englewood residents through lowe r productivity and higher social costs; and WHEREAS, Project Learn, Emily Griffith Opportunity School, The Denver Indian Ce nter, the Adult Learning Source and others help :Metro Area residents become informed participants in the democratic process; and WHEREAS , the tireless efforts of many local groups including the Colorado State Daughters of the American Revolution have contributed to the success of literacy programs through voluntarism ; and WHEREAS , volunteers in the metro area have enabled many res idents t o reach their goals by providing free classes and tutoring for the GED , literacy and English as a second language; and WHEREAS, community programs throughout our Nation are observing Septe mbe r as '.'ll a tional Literacy Month; '.'I/OW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood , Co lorado, h ereby proclaim the month of September, 1997 as: LITERACY MONTH in t he City of Englewood, Colorado. I urge all of our citizens to consider becoming vo luntee r tutors in a literacy program. GIVEN under my hand and seal this 2nd day of September, 1997 . ,. . .. ?• ntoa .:-n =•:,c ew :>at"'·r "/ • I 0 ' SUDIUle ICarlquist 711S S. Acoma Snet Littleton, Colorado 80120 1be Hoaonble Thoma J. Bums Mayor, City ofEup:wood Members of the F.naiewood City Couacil 3'tOO S. Elati Snet F.npwood Colorado 80110 AIJIUSt, 1997 Dear Mr. Bums IDd Members ofCoum:il: • ,.. .. . .. •• ... __ _,,d -~-ft ,...f ... AUG 21 !197 Tbank you for the opportlmity ID bPe _,,.. cm 1bl &apwood C... Glw 11111 PIUad CommiSPOPL It is widl rep"et I iabm ,au 1-lllllble ID caaliae a, YCll6 AdvilOly appo,ieN111MW¢ to the Comeniaioa •I• lllllllle ID niplaty 11111111 ..... ·• Bat willm ID lbe C+ENllilP'lll ilr a• N ad pmcllll:tiwe ,-. Sincerely, . ,. • .. • • 0 • • ', • COUNCIL COMMUNICATION Date Agendaltem Subfect EMS Grant Funding Acceptance September 2, 1997 10a i lnltlalad By Department of Safety Services I Staff Source Greg Weaver, Fire/Medic COUNCIL GOAL AND PREVIOUS COUNCIL AC110N No previous Cooocil action on this apecific matter. Request Council approval for ac:ceptance of Colorado State Emergency Medical Services Grant for the purchase of Cardio-Pumonary Resuec:ilatlon (CPR) training equipment BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIFIED The Colorado State EMS Division offers matctw,g grants for the purchue of Emergency Medical Services equipment and training. The Englewood Fire Division has been approved for a matching grant to purchase CPR equipment. The equipment will be used to train and educate cillzens and employees in C&rdlo-Pulmonary Resuscitation FINANCIAL IMPACT The EMS Division of the Fn Division of Safety Senrices wll apend $2,490.00 on equipment. The State EMS Division will match this amcu,t wllh a $2,480.00 gm. Thia amount is budgeted in the 1997 EMS budget. UST OF ATTACHMENTS Proposed bill for an ordinance ' ' .. • . ' • • 0 ]- • • ft • . . Publiabed. u a Bill for 1111 Ordinance on the 4th day of Septamber, 1997. 1bomu J . Buru, Mayor ATTBST : 1-criabia A. Bllia, City Clark I, Loacriabia A. mu.. City Cllllt ~ ... Qty~ .......... Colando, ----that the ._ ac1 ......... a tne aapy ~ a am 1ir .. Ordimmce, mtndaoed, read ill fbll, wl ,_.. cm tlrat ........ the 211d clay ~s.,e-.-. 1997. -2- --. . ' • • 0 - - • ORDINANCE NO. _ SERIES OF 1997 • • • .. BY AUTHORITY A.Ill£ .. . J01t-• \. .,. AN ORDINANCE AUTHORIZING AN INTBRGOVERNKBNTAL CONTRACT PERTAINING TO A GHANT POR THE PUIICBASB OIi' CPR TBAINING EQUIPMENT, B.B'i'WBEN TRI: STATE OF COLORADO DBPAILTIIBNT OP PUBIJC HEALTH AND BNVlllONIIBNT AND THE CITY OP ENGLEWOOD, COLORADO. WHEREAS, tbe City • ......_ appliad 1111 tbe CalandD Dlpartr mt aPlllllic Hea1tb ad ED~ ad -...-,,.d fill' a ........... pmat 1111 parcbw CPR equipmct; ad WHEREAS, tbe CPR equipaaaat will be ut:i1iaad to train wl .t-tia ~ wl employNS ill cardio-pwlllCIDU)' l'N11KitatiOD; aad WHEREAS, tbe pwnt pn,ridla meedrin1 fcmda ill tbe awt a *2,'80; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF TRI: CITY OF ENGLEWOOD, COLORADO, AS POLLOWS: Sertior 1 The~ Cantract 11etwwa tbe Stata «Colando Department a Public Hea1tb wl BD'riramamt wl tbe City a ......... -..:bad banclo -"E:dubit A.. ia...., IIIDCllpW ad appra,911 by tbe ....._ City Council. Sertior 2. The Dindm a Safaty s.m-ia aatbariad 1111 _.. ad tbe City Clerk to att.t ad ..i tbe Arr-t fill' wt OD behalf atbe City • ...._.. Colorado. Int:roduced, rwl iD fall, ad pMNd cm Int......, OD tbe 111111 cl-, «as;· h•. lll8'7 . -1- . ' ·- • • 0 ]- - • • • ·, •• <. 'lbomu J . Burm, Mayor ATTEST : Loacriabia A. Bllia, City Clem I, Laacriabia A. Bllia, City Clerk~ ... Qty~ ........... Colando, __, ca1:ify that the abaft ad ..... ia. Ina copy~-BiD Ir• OnlimDce, ~ rwf iD ftall, ad pMNCi CID ftnt rwliDf CID die 2nd clay ~Sapeember, 1997. -2- . , •. • • 0 • • • • • <. CONTRACT 26000 --FAA Ccmtrac:t Rcuti.Dq lllumber 9807251 THIS CClll'1'RACT, made thia~day of~lH7, by Cid batwami the State of Colorado for the UH and benefit of the ~t of PPIX,IC DIX TB IMP IIYIPCDlfPn:, tJPP Cherne c:rnk nrin l9Yt,h P9Pnr CA 1oa;a, hereinafter referred to -the Stace, and C;i,t;y ot IRelrs:n:! {Fire i lelS\MI) 3§1$ S llati $tA11t 1Pelrs:n:! c;o agng twreinafter referred to aa the Caatractor. 'IIREREAS, aut:hcrity exiata in the X..w and Plmda Jave been budgeted, appropriated and otherwiae -de available and a sufficient imenCl.llllbered balance thereof re-ins available for payaant in P\IDd llllllber~ APPR code~. Contract Enc\.mlbrance llhmlber FLA, BMS HAZ2$1 ; and IIIIERDS, nqw...-.d approval, clearance Cid coordination bu been acC0111pli.W from and with appropriate agenci .. ; and WBERXAS , the Emergency Medical Servicea and Prevention Di viaion ( •DfSp I>i via ion•) was created to administer the Loc:al lllliergwncy Medical servicea progr- created by Title 25, Article 3 .5, Part 6 , C.R.S. (•Part 6•); and 11HEREAS, the a:a.rgency Medical Servicea Accoullt wit.hill the Highway OHrs Tax Plmd was created by Title Sec. 25-3.5-603,C.R.S. to fund grants for the enhanc~t of -rgency !Ndical service• (•DIS•) atatewide; and WREJISAS, the St.ate wishes to fund the CclDtractor aa a provider of DCS for thi• pw:pose ; and WBERBAS, the Contractor bu been licanaed, to the extent required by law, to provide •ervicea in the State of COlorado ; and IIIIERJCU, aa of the date of executiaa of thia ~ct. the Caatractor -ts all other qualifications for fUlldi.Dg lmder the -s,ranu program and for proviaion of INS; and WIIEREAS, the IMSP Division CS.-the o:mtractor•• applicaticm or r.queat for use of the grant f'lmlliDg justified lmdar -P I>ivisioa aui .. Section J. •. NOW TDJlSPOJtl:, it is lwreby agreed that for and in consideration of their mutual promise• to each other, lwrei.D&fter stated, the parti.. bereto agr99 aa follows : Pep 1 of I ..... • X H I • I T A .. • . ., • • 0 , -• • • l. The Contractor vill uae the fuDdi.Dg provided herein by the State to provide the EMS program described in Attacbment A, BMS Grant Application, attached and incorporated herein by reference . ThaH IMS projects shall be uaed to upgrade the level of EMS care offered in the State of Colorado. 2. If this contract involves trainillg or education, the CoDtractor shall sul:mit evidence of certification or other appropriate evidence of -tisfactory completion along vith the invoice request:ing re:imburs~t. 3. If this contract involves acquisition of equipment, the Contractor shall provide the State vith do~taticm of purchase of the equipment specified and comply with the following State ~ts: a) all commmications equii-zit must be purchased from the State bid award for coammications equi~t or from another vendor for a comparable price and quality. Any cOlllllll.lnications equi~t not listed on the State bid award will be required to go through an infonaal competitive bid process. The Contractor will be required to purchase the equi~t from the lowest respcms:i.ble bidder; b) -rgency vehicl ... with the exception of ambulances, will be required to go through an informal competitive bidding proc .. s. The specifications for the•• •-rgency vehicles imst be approved by the EMSP Division in advance. The Contractor vill purchase the vehicle from the low respons:i.ble bidder; c) any -dical equi~t will be required to go through an informal competitive bidding proc .. s . '1'ba Contractor will be required to purchase from the lowest respons:i.ble bidder; d) the Contractor mu.st maintain equip1Nnt in good working order and provide maintenance in accordance with manufacturer•• specifications and any manufacturer's warranty requiraNnta, and keep detailed records of maintenance; •) the Ccmtractor Will provide insurance for the replac..nt value of the equipment for its useful life; f} The Contractor shall repair or replace equipment , as necessary, due to damage or loss from theft or casualty; gl the Contractor will keep inventory control records on the equipment and imst receive approval from the DISP Diviaicm for any relocation of this equipment or reallocation of its use; h) the Contractor will provide the BMSP Division with a picture of the equipment purchased. Thia picture must be swaitted with the final program report; and should the Contractor c-to provide BMS in the State of Colorado, the equipam1t must , wieh the prior appro-ral of the State, either be placed wieh anoeher operating EMS provider in the state or sold at public auction for fair market value and sot of the proceeds froa that sale returned to the State . The percent returned to the State reflects the State's contribution to the original price . 4 . Any training or educaticm specified in Attaclmmlt A, will be INbject to the following : a} all travel expena .. associated with the training or education program will be in accordance with the currmit State of Colorado reimburs-t rates for travel u specified in the State Fiscal Jtul .. ; bl a Contractor providing a training or education program shall acknowledge the Bmergency Medi.cal Services Account Grant Plmds utablisbed by the Legislature and managed by the lllergency Medical Services Division of the Page 2 of a Pages • . .. ., • • 0 - • • • - .. Department of Public Be&lth and the Environment, on all public ••rvic:e azmcnm~ts, program ~t•, and all other printed -terial U8ed for the purpo•e of promcting or advenising the tr&i.ni:lg program or CQl1%'8e; and cl a Contractor providillq a training or education progr-will develop and utilize a cour•• evaluation tool to~ the effecti-• of the program. A copy of the evaluation reports 111118t be llubmitted to the BMSP Divi•ion. s. The Cantractor &811ureB and guar&ntff8 that it po•••••u the legal authority to enter into the Contract. The per•on or peraona •igning and executing thi• contract on behalf of the Contractor do hereby warrant and guarant-that they bave full authorization to uecute thi• Contract. 6. The Contractor may not u•ign its right• or duti•• under thi• Contract without the prior written canaent of the State. 7. The Contractor will preview the BMSP Divi•ion with quarterly progreH reports in the format required by the State. 8 . Anything herein to the cantrary notwi thatandillg, the partiu UDderat&Dd and •gr-that all terms and canditiona of thi• contract and the exhibit• and attac=-nts hereto which may require continued performance or C0111Pliance beyond the termination date of the cantract ahall aurvive auc:h termination date and ahall be enforceal:>le .by the State u provid-«1 herein in the event of 8UCh failure to perform or comply by the Cantractor. 9. The Contractor will c:mply with the Americana with Diaabilitiu Act at all times during the performance·of this contract. The Contractor c:ertifi•• that no qualified individual with a diaability ahall. by re..on of 8uch diaability, be excluded f:::-om participation in, or be denied the bellefiu of the •ervicu, progr&lll8, or activiti•• perfo~ by the Contractor, or be aubjected to any di•c:::-imination by the Contractor upon which uaurance the State reliu . lO. For and in conaideration of the Contractor'• perfo:rmaac:e de•cribed herein the State shall pay an amount not to exceed $2,490, Two 'rhou8and Pour Bundr9d •inety dollars, .. followa: a . For equipment the Cantractor ahall receive 501 of the total. co•t not to exceed $2, 490. The Ccmtractor will provide -tc:hiDg fUlld8 in the amcunt of $2,490 . Ally co•ts in excaa• of $2,490 (State Share) ahall be the reapon9ibility of the Contractor; and . b . C . For training the Cantrac:tor ahall receive •!At of the total. co•t not to exceed $N/A. The Ccmtractor will provide -tc:hiDg fUlld8 in the amcunt of Slf/A. Ally COIIU in exces• of $11/A (State Share) ahall be the reapon9ibility of the Ccmtractor; and. For all other .. projecta the ccmtraetor ahall ~ive an -=t DOt to exceed $N/A. The Ccmtractor will provide -tc:hiDg fUlld8 in the amcunt of $lf/A -t Ol:!ler Natch. Ally coau in _.. of •tA (State Share •ball be the rupamibility of the C:OCtractor. Page 3 of I Pagea . ' • • 0 - - • • • <, Payamit will be mada upcm the receipt of a •igned raquat for reimbw:a.-it al.Ollg with a copy of an paid invoice, aubaitted in duplicate . The State will isaue a w.rrant made payable to the Contractor. Pa~t will be contizlgent upon affinlation by the DCSP Division of full aad nti•factory ccmpliance with the terms of thi• contract . l.l.. a. Bxcept u to public entiti-described below, durizlq the tez,n of thi• contract aad any ~ hereof, the Coatractor agr.-that it will keep in force a policy or polici-of coapremmsi'ft ~ liability iDsurance, issuad by a CCIIIIUlY authorized to do l:lusinea• in Colorado in an -t DOt 1-• than $500,000 ccmbizled •iD!Jle limit for total injuri-or ~ arising from any aae incidmlt (for bodily injuri-or daaagea) . '1'he Contractor aball proYida the State with a Certificate of Inaurallce u evidaace that auch iuuraDce is in effect at the inc9ption of this contract. b. If the Ccmtrac:tor is a •public entity" within the~ of the Colorado ~ Iaamity Act, C.Jl.S. 24-l.0-101 , ~ .• u ~ (•~•), the CODtractor aball at al.l tiau durizlg the tu1a of tbia Contract aaintai.D such liability i.naurance, by =-rcial. policy or Nlf-inaurance, .. is naceaaary to -t its liabiliti-under the~-The Contractor auat proYida the State with proof of such inaurance . u . It is agreed tbat additional f1mda -Y be a~ to upazid, or 1ncr ... e the ac:i:i viti-. Should such f\lZlda beccae available, thay aball be made with approval. of the DCSP Division, the Contractor, t.ba State, ad t.ba State Controller (or authorized duigneel. u evidanced by a -=ally •igllad Olulg9 Ordar :C.tter in the form attached hereto .. Attac:i-t a , wbich aball i.Dcl'Yde the followi.Dg: a . Identification of ·contract by caatract DUllber and maber of affected paragraph. b . Type• of aervicu or progrw iDcreaaed or~ aad tha -level of -ch aervice or program. c . Amount of increue in fUlldiDg and -total for c:urrait year ; e . Authorized aipaturea of the State, the -• DiTiaion, the Contractor, and the State Controller (or autlloriaed deaigaael . It is uaderatood that ao ~ except utilizatica of t\lDda aball be aada througb the Cbmag9 Ordar :c.tter . l.l . The tera of this contract aball be frca July l.5 , 1H7 to .nm. 30 , l.tH. ,.._•ofl,.._ ---' • I • . .. • • 0 I -• • COLORADO DEPAJl'IMENT OF PUBLIC HEALTH AND :ENVIRONMENT-bcreimttm', UDda' Ille Gmcral Comract Provisiaas. rmned to as "CDPHE". GENERAL CONTRACT PROVISIONS -pap 1 of2 paps I. THECONTRACTORSHALLPERFORMITSDUTIESHEREUNDER.ASANINDEPENDENT CONlRACTORAND NOT AS AN EMPLOYEE. NEI'IHEll THE CONTRACTOR NOR.ANY AGENT OR. EMPLOYEE OF THE CONlRACTOR SHAU. BE OR. SHAll BE I)ED(E[) TO BE AN AGENT OR.EMPLOYEE OF THE STA1E. CONTltACTORSHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT ro nus CONTRACT. CONTRACTOR. Aa:NOWLEDGES 111AT THE CONTRACTOR AND rrs EMPLOYEES AllE NOTEN'ITILED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONrL\CTOR Oil A lBIRD PARTY PROVIDES SUCH COVERAGE AND 111AT THE STATE DOES NOT PAY FOR Oil OlHER.WJSE PROVIDE SUCH COVER.AGE. CONTRACTOR.SHALL HA VENO AUlBORJZA'IION, EXPUSSOR.lMPLIED, tOBIND THE STATE TO ANY AGREEMENTS. LlABILITY, OR. UNDERSTANDING EXCEPT AS EXPltESSL Y SET FOll1B HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP INFOltCE WOlmS' COMPENSATION (AND SHOW PROOF OF SUCHINSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS IEQUlRED BYLAW, AND SHAll BE SOI.ELY RESPONSIBLE FOR THE ACTS OF THE CONI1lAC'l'Oll, ITS EMPLOYEES AND AGENTS. 2. COllll'Ktor llllbariza CDPHE, or ils ap:ms, to pcfann aadia 111d to 1111D ...,...-,:i-far die purpose of evaJaaiq pcrformaDce --this -.ct. 3. Eilber paiy sblll have !be ript 10 ----.-by livmc die odllrpmy 1biny days lllllice by npand llllil, 111111111-=eipt requead.._ If lllllice is ID p,m.1bis IIJ all__. Cll die apirlliaa of die 1biny days. ad die lilbiliry of die palies bcnaDder far die inllr" paw e of lbe 1m111 of Ibis ap rr lillll lllll'eapCll c:eae, bat tbe palils 1i1111 DOl be relieYed oftbe clmy 1D pll'fama meir i!Nipli PS 1lp 1D lbe dal of---. 4 . nm qreemem is iaadlld as lbe camp1a ..., .... of an wlw u,.., .-lbe pa,ies. No priar or • 1 -lddmcm, deleliGa., or allier ---· bllau lbaD law my farce or dfect ...... _., ll!UIII aabodild blleiD ill wrifiD&. No •ite,• DOVlliaa, ,-al, addiia, deleliGa., or odllr t rr blra, lilaD law my farce or dfect imlas embodied ill a wrialD camract IUCllllld ad approved panaml ID die Sia F"sal ltails. S. If 1bis camract iDvaiws die expadiae of tildlnl mda, dlis CIIIIIC is I . I 1lpCll CGlliDuld avaiJabilily al fadlml ftmds far paymmt panumt1D die lli!ml ofdlis ..-. Cm allo ... ID ldflll lbe reqairememl of: a) Of&e ofMw ...... llld Badpl Cin:aJln A-17, A-21 or A-122, 111d A-102 ar A-110, wllicbevll' is w · Ill ; b) lbe ff.ii Aa (S U.S.C . 1S01-150I) ad Pablic Law ~S4 Sac:lia 4721. 'I1l8le --dlat fedlnl 6mdl cmOl be 11111d far palillll pamcal parpmil of my kiDd by my plllCll ar C#I . •e· 11 ilMllved ill lbe llllmiDimlliCll al t'edlnlly-auiad ~ c) die Davil-8-AJ:r (40 SC-. 1494, Mir. 3, 1921 , Cllp. 411, 40 U.S.C. 276A-276A-S). 1bis act nqans dlat aD llbcnn 111d med!M!ics ~ by ~ or Plb-ccalallln ID wmt Cll Clllllll'DCDIII projecll flaelCld by tildlnl aliamce IIIIIR be paid waps DIil lea 111M dlllN ...,lilbad far tbe localily of lbe prvjc by tbe s.:r-y of Lallar; d) 42 U.S.C. 6101 S 1111, 42 U.S.C. 2000d, 29 U.S.C . ""'· 11ml &a1 ~ 111M DO plllCll mil, Cll tbe paidl of race, c:olar, llllimal aricia, ... or IIPldil:lla, be adlldld Ila pari ·, . ia or be -,;.ad ID dilaimialliaa ill my Jll'llpllll or aaivily ftmdad. ia wbole or ia pat, by 1lldal lmdl; It.Iv . 0,/07/97 (GEN) • • 0 ' I I l r ~ • 0 • J:~ 111(1'tlt~t~ ~~ 'l~ i I ~ f jf 8 I . ,~ ~,, ' l . w ! ~f si Jfl:11~ 1~ ~,fr·~~' f~ ii~~~ i1 1;1Il~11;11f ,t ifl ii![ t 11 'if ii I f! 1tliti!J!tli 1 I '1 1·111~ 11 ! 1;1 !ti Ii I . I 'I 1 'lj 111 I! . If ' ! ' I 8 •. Ii I 8 t I I I• sl i' 1 I 1 , If t I r~ i 1) ~j i 1 '1·i!r11,11 11 1 , 111 1 ti 11 !'1 I! 1 f ~ls,·~l,slll I 81 ~ ~ I (' w(·f i=.· -. ! ,. 1 s I' i-l I ' * I r r " D' ~ :s: ~.~111 1 I! i i r ~ ~ ---1· j i 1 1 tlilff1-ijll I ii I I l~ 1ff I! ~~1,11~P1nc f Jw ( t ( It ~~ 1. ii .1 1 .g{f I l I al1· I i. f· ;J ~~ 1: ~J f i Is I f I el . . i R: ~ sf srt (8 . · . If '.::i l !li11 1,!11I I !; i I f fi ~ 1 l!1ll1!titl t I! l ! . IJ t , L_J I ,· r I . . . ~ 'I • . ~ -~ , ~ J - • 0 • SPECIAL PROVISIONS CONTROLLER'S Al'PROV AL I . This c:amraa sball aot be demlad Yalid lllllil il sllall have boOII appn,,,ed by dlio c-allcr ofdlio S-of Cokndo er sada .._. lie may c11sipa. This provisica is applicable to my -UMJMDC IDO ~ of-, by die S-. FUND AV AILAIIIUTY l. fiawial oblipliam of Ille S-of Colando payable atw die -meal yea--comiaplll,.... 6mds liardla Jllll1IW baas ....,au,aiaad, .....-i, ad admwise made available. BOND REQUlllEMENT 3. lfdlil-~lbcpa,-of-da &ay~dollars far Ille rm rile ....., ...-. cri.apao ofay......._ rac.bridp, Yiadlla, aam.......a«.-,-is-icfardlilS-,lbc-111111, ............... pafaa ofaya:11 ..t:ia::lllllad iulllis-.dldy-mddelnw1DdleS..officialwllOwiUlip•-.apodad...._lladcrodlar'.-.pllltlc...,.••.......,. by lllidofficial iD .,... ___ ... -...i,otdliollllll-payable .,, .. _ of __ Slldl baad lllall lledldy .___..,, ...... _,......,.--..,.... .. faiddlll.-s ofdlio-mdiDaddilia.-'1....,. .. if•-•bis lilil•dlli)' pay far_, llllcr. ----. -. plO¥iliam, pnMlldar ............. ·--"1-* -... .. iD 1-S ofdle-.ir:-.ad1Dbecllalcrfaiil•payay...-....,..,.._.-.----,,, ... cr ...... iD•,...._ofdle~llle --,.willpaydle-·•--.......ac•-.-ci&edin•flad. ....... willa ........ _of.,.. .... -.... -Ullasa:11 bad il...-1. cllli--imd lilad. ao claim in ,-..or111e---. ..... _.. _.._. •---......, crpaill A calilldcr.-n cilod< er a.._ _ _., payable ID Iller-oflbe Sim of Colorado my be ....-Siu lia of a llaacl. 11lis ,_,__ ii iD aapliaa willa CIS .31-~106. INDDCNIFICA lION 4. To die -8lllllariml by law, die -sllall iodmeify,-. md llDld llllmlla die Sia, iD ....,_ md ...-, ..--,, ad all elms, -... lilbilily •-a..-ds iadlldial-. ~ 11111-.aey r.s ioc:lllnd •a~ of-,-·---by•-. era.....,_, ..-_ wbcoaa-s, er usipeos ,--10 die-oflbis-. DISCRIMJNATION AND AFFlltMA TIV[ ACTION s. TIie-..-· aomply willl die'-• llliril ofdle Cokndo., . :· . . . A#. of lffl,. aaded. -.... .,.... _,....... diaa . ad mmireq+ ,._ pr.aims (CRS 2~34-402~ 111d • ....... "1 Ewalift Oiolr, E.-Opp aaairy md Aflimaiwe Aaia, dad April 16, 197S. ,._ ,..,__ tJwfolJowrc,,,..,..,,.-'I N-. ill Ill/ S-w or• aau. (a) lllc-will aotdiw · · w apillllay .....,_ ... IIIPliw ilr apla;-"-of-cn,111, oolcr • ..._ ...,-.....i-. rupm.-,,mmallcrpllysical~cr• Tlle_will..._....._ .... __. .. .,..__.....,., __ .....,_ -a-i--._. ,-. ,.._rapn110111eaowe .-.i rt jpj;;; S-alilallllll...., .. _ .. lileiad •• fullowias: 11 ;w ~......_crawflr,--.mcrrmuilmlmal._--..,.,.aacra · -ofpaycrCIIMrfonaof · .... ....._ filrlllillilll,iDdadiDs....,a · tir .lhc-..-10po11ia ,... ...... ....,...~. ,1,-.llllliaa1:1 be pruvidad by die_..,. om-smiDs fanb pn,wiliw of Ibis -diuc. · · a c:i-. (b)Tlle-will. iDall •. . . ....... . ......,.. ..... i,y .... llalall'ofdia-.-......... ~ ... ....... ·: ai&afar-.io,mwwilllmal'lplll10,-,cnal,aolar,llllillal-..,-.---. ...... ~.w1 ... ..,.. ........... ... (cl 111c -will .-I ID ada 1111cr...., er·+ · .. or--. widl .... 11c 1a1 a....._...-....-er-.-er .m.111 1·1,aotiae1:1bepnwidadbydia--acoffia,lil¥iliDsdiallllar.ailDor_...,. . .. ., .. _.. · a.llr• &ac.iw °'*'· Eqll&I Oppmamily md A1ll:maiw Aaia. claal April 16. 1975. ad oflbc .-. .......... ....,_ Onllll of• a.-..... (d) TIie--llllcr --will 6::lli* all infa:maiaa ad ...... ....., t,y e-iwe Onllr, .... Oppar--, .... Aflimaiwe Allia of April 16, 1975, ad by die nda. ~ ad Onms oflbe C:.0..-.... ,._--. ad will,.__ 1:1 llil bclalll. _., •-"1 • camnaiacllJICY ad die office of die Gc,wewcr bis..._. farpa,-ofa-·a · 10 aalli:a ~ wida a:11 .-. ......... ad a:das. (e)Ailllarwc · will _ __._,,...,.. .... ,...._._.. · ..-m..iai.arau • ..,._,,_..il:lmdal firm I 44, iD a:11 llllar arpaimiaD crdill:ri:::ilw ...--,, aiill..,. iD • flllJ ...,,_ of wait pp IIWI)' ~ of-, cn,111, mlar, -. ............. ~. (0 A labor wp::inrice crdia aaployw er~ .._,will waid. 11111. iDcil&. cmi,el •-•4oi:II ofary aa.._. iD ._ _1:1 i. diaa ' · ,crolla:IDcr~mypa.afllD~widl•,_,...r,1.--cr-,, ..... i-.t~cr ...... -..._., cri:idnaly,111.,....ay-clae.dialllil-••aa· ). (&) laao-ofdle-·s-mpli-widldll_duc:. · · ._of .. _crwilll-,,ofaadl...,........,cr....,*il _ _, be camled, -...crllilPlildad i:l-*ariil!lllladdia--,.be ....... illliplllailr,..._S.._iD_.... wi:11......., lillllmiad • e-...0:dlr. ~ 0ppwwy a1..-...... ACDililof April 16. 1975 a11 .. ....., ......._ ....... ,. rs 1 • • - •. •· • 0 l,. -·-• • ) f • ~ ~ i ~ f. ~r 2 ~ l~ -,~E~ 1~ 1~~-1~ § I'('~ l' a '{J1J2 is l § f I f 3 [ I ~ r~ bttf rf JU,, ! ii if ·11 'r .~ ,, I !f i J I r I ! ~ a f fl i-1tff~ i11 il 1 1l1i !i;til 11·~ i i,1l(il lJ l ~ • g .f . ~ I It • 'l' f 'f ,.. ·I 11 ! I , .. •IJ i1 1 i ' i; , i i u !!'t' n iiltif 11h, H ! t,1!11 11 I I ~--f I 11 J!i1! i !1'•il11 f,!t! J! !l1ll1· •I ~ I 1 ! t I it~ •1 ' I-111 • 't n · f t • 1 t 1 £ f · 11 n ; u'. r U1 [ 1~1d , ,t ,,11 1! •. s } J 'If I I ll'() 1·1 "I 1• a.lJJ -~ JI , , 1 .. ,. l"r 11, . " ... 1 1• . i .t l ., .g. •·•·• _...... 11 ... ~ , y i ~ ! 'f y gr r 1-i ,i(I t i ; i r 1¥ 1 • 1 !•1i ~ 1m1 i!!1i i Wli' H ! I si I I I rl,1 I ~·;•i A··!~ i 1'1.1111· 1 , 1 r 1 11111-1 11 1, 11 · lltr , 1·!1·; :l 99!' • 0 • • • t 'I l q . I a. ll t t J"l f. f. f k •. f I El .. ! ' .• II ! ~ I; l 1 • i 1u I ; l · I i, H 1 · , l I 11!1 t ri 11111 Ji''1· i ·Jilt II . l i 11~1 I l, ·. ·,~ 1 ! 1·~ I J f · -i, r ,lrl, ltil rl1IJ 1 r I . . . 7 ·~; ... . . ' . " • Amc.'lmemA LEGAL NAME OF AGENCY C~ofE.~. -- CONT ACT PERSON 0,egw- AGENCY MAILING ADDRESS C~ of'E:1giewood Fire Division STRE'i 361: S Eiac SL I COUNTY/CO.UNTIES IIIPACTED .~oe • • • <. FEDERAL TAX ID NUIIBER 1rac1 ~ cmau11y on 111ia illlml &4-60000513 PHONE(DAY) PHONE (303) 916-&66() (H) (NIGHT} (303) 76Z-2470 (W) s... - CrTY ZIP Enp!wood IOIIO LEGAL S7ATUS OF AGENCY/ORGANIZATION (Martlalllm~I: ~COUNTY/CJTY GOY!RNlll!NT _o'TMER PRIVATE NOT FOR'PROF!T PRIVATE FOR P9'0FIT ST ATE AGENCY SPECIAL DISTRICT PROJECi AREA (llanr .. Ila a,lllly): Communications MedicaVRar::ie Equipment -Manual Automared Odbn11ator Public E=ur:ation Other S.'fferpenr:-1 Vehiei • Ambulance QP.i Rese:1• _ Training _ Continuing Education .2L Training Equipment &rrication _ PIERllnjury PNvention Programs CCUN"i'Y WICE GRANT REGIONAL. GRANT _STATE-WIDE GRANT ~INDMCUALAGEMCY GRANT ~ 50% CASH MA iCH RfQUIR!MENT IIIEi I I. tt,a unc:e!Signed. do her9tly a11Nt 1hat the information contained within this appllcalion ia true tD the best of my knowledge. I also aaast that th• County Commiaioners from the arua impaciad by this project will b• prcvidec a c:ipy of this -.,plication by no ... , than !'l-'1Y7 . I undernancl that my application will be disqualiflec shouid either of thw aaaanems be umn.ae. Allen F. Stanley l llocutiYfl Pirectnr -SafttY Service, mu ,l·tt2 ·zZ DATE ' . . . {r, .. • • 0 '32 x l - -- • • .. .. • • '· WHY IS THIS PROJECT N5DED In the space below. write a concise statement desc:ibing the needlsl addressed by this project. The training equipment being requested includes an adult recording CPR mannequin. 2 - adult CPR mannequin rorso. s with Slailguuies. 2 -adult CPR mannequins. and 1 -child CPR mannequin. January of 199!-. the Depanmenr bepn a CPR program ro try and facilitate the increasing number of requem for CPR classes . Before that lime, many people were directed ro other groups who would perform tlw function. To commit ourselves ro the citizens and !he community, the depanmem developed a CPR program. The Englewood Fire Division is iD the process oflllang a more active / proactive role iD public: educ:llion; nor only iD me prevention and me safety, but iD beallh. first aid. awareness and · CPR. In the last 2 years. the DIIIDber of CPR classes IIUgbr by the deplnmem has iDc'eased nearly 260%. The number ofcenmed CPR inszructors bas grown from 2 iD 1994 ro 8 iD 1996, and 2 more iDmuclm c:llsscs are schednled for 1997, with imrnriaas of c:eitifying • least 5 more insauaors. The increasing number of iDmuaon will allow for more CPR classes to be IIUght. as well as the inmuctor smdcm nmo of 1 :S ro be achieved with be=" laming by die smdents. The acquisition of a recording CPR mmmequin will assist with Cenificllion in Healthcare Provider courses. Individuals certified ar the E~-Basic: level and up are required to maintain the Healthc:ire Provider certification. The Colorado CPR . .\ssoc:iazion bas a!so changed their criteria for who is required to have this level of certification. ~ow. persons who are required ro know CPR for their job .are required to be ce:mied • tbc Healthcare Provider level. This increues class time and requires more hinds-on skills . In l 99S the Englewood Fire Division acquired III E."'5 a'IIDing ams for E~IT-Basics . inis posinon lea the deparanenr reach and iest E.\4T-Basia. 1ilroughout die community . in all levels of E:V!S skills · The Depamnent IS now a loc::irion for regional E:VIS Commninr Edualion irammg for all le\·c:!s of field providers from E:VIT-Ba5ic: ro P:nmedic:. Tbe use of mmmequms for all le'\-e!s of . CPR inslnJcuon as well as airway IDIIIIICIDClt tcclmiqllcs IS essamal for ~ 1c:1rmnJ. In 1995 the Fire Di\'ision certified and r=enificd more di.an 50 members of tbc Englewood Police DtviS1on. as well as communiCllioas peBODDei. m CPR. nus 3110111,ed for the Department to cut back 011 spcndinr for OIIISide education of these indh,duals and marnimns be=" re:::ord-keepint and coamm updm . Lilt the goals and objectives idemffied in your =umy EMS plan that are auociaud wilh this funding appfica1ion. ' . Arapahoe County llas the E.np:wooc Fire Dtv1SJC11 lmed as an .-\mbulaacc Transponmg ~-To tDc best army i kncwleF. me ~ nas DO( re:i:i,,=a any imcrmation conceming JUt' invoiV1Dl!!lt in ~ !be pis and 1 obj«tivcs or enc coumy EMS plan. n YSM funding •rit eR• ii om .......,, in YSM cmrtY EMS ..,, e:mtein why It ii om, 2 • I • • 0 ]- • • • ·, •• ~- OESCRJPTJON OF THE PROJECT AND HOW IT UPGRADES EMS In the apace provided, pleue oudine the project. Include planned expenditures. the time-frame, and a other information that will mist in ur.ckitsta the na1Ura of the 'The purpose of dlis project is to esablisb 111d maimaiD qaalily educlrion 111d uailliDa to die cmmnmiiy, die depa,mem. 8l EMS. 'The spec:i& pl is die educlrion of• may iDdividuais • possible iD CPR.. The c:mms call die Fire dlpaw 111d EMS w1m dley wd belp. llld it is our obliplioa to llllp diem. However, oar c,!tliprioa does aor saap wbm die call. 1181 ended. We camiDue oar mw:es 24 boars a day. If die c:iliaDI W ·> +1Menr iD our abililies 111d Ilk 111 to ma:11 diem CPR. safety, &re prevemion c. dm it is oar dllly 10 llllp diem. A!a' lmCllmg nrmy CPR c1mm IO Ill 18veis of illdmdmls, we bave developed specmc miillilla crilmia dm will enable us IO give man bam4l nilliDa widl a beaer smdlat I imnclDr mio. This will lead to more per,on•lized Gllll'Ut1Klll llld beaer leammg. We bave already bepD die iachiDg process, wi1h !he presmt equipawww. Oar goal is IO begin implemfflring more equipment as soon as possible. Fumre plans include JODll imo die llip sc:bool llld / or middle schools 111d to de've!op a propam iD which die smdam CD become cenified iD CPR.. 'I1le concept bas been p11•11ed IO same of die schools. md we ere awamaa dllir flledback. 3 -----------~ • I • . • • 0 I -• • • <. How will the project provide for a Ieng tarm solution to the current problem? The acquisition of mannequins will serve rwo purposes. The main purpose is the COlltinum! educalion needs of the community 111d E.'v!S . The se--..ond purpose for the equipment it that it will reduce the amOUDt of SlreSS placed on the already abused equipment. With the use of the equipment shared betwee:a several pieces as opposed t0 just 2. they will last longer and repair time and COSIS should be reduced. . If this project is funded, how will the project be sustained in subsequent ym? With the esrablishmcm of a CPR propam thee was also esrablisbed a cost per person criteria tim is ro be set aside for mamrials and equipment purchases. t.:p tO dais poim in the program. many classes were taugilt with only mmimal com to the smdems md the dcpamnem would put forward the cost involved with equipment and repairs. The cosr srruaure of the program will allow for income to be urilized on new equipment, repairs. and mazmals. These cost criteria will still follow our belieitim people who c:m not afford the higher charge for CPR classes ""ill be charged a aominal.. if my, fee tO help cover book com. What other remedies to this have you explcntd tc fflNt your need, and explain why this is the most cost effective. Provide the dollar amounts of other options you have explored. 'w'ben we developed a fe: mucrure for teaching citizens. the thought of dm!ing in line with other CPR ills1ructiou orpuizarions (S30 111d bigher) was considered. However. we looked at the demographics of our citizenry and felt tim mis cosr was mo mp. Our opinion is dm it is more impolmlt to teach CPR becmlse people wanted to Im it. DOt t0 make a large profit. We have waived the fee for individuals to who it would cause a fiDaaca1 burdm. and we have cllaried as lime as SS .00 for groups of people who want to lam CPR bur can not afford the 1arget cosrs. The dcpanment has absorbed the cost of these fees. and will cominuc to do so . 4 -.... .. • • I ]- - • " - -. • I• •, • <. EQUIPMENT UST (Listing brands will not precfude yau fnlm hmnl 1D obCain bida tor1ha g--= ~iyp.1 In the space provided, please list the EMS equipment, communications, or training equipment for which funding is being requested. lncfude as much information as possible. PRIORITY j QUANTITY I DESCRIPTION I COST I ' ! 1 2 Resusci Anne Teno wan Slcillpide and soft cae #Is oo Z3 S 1570.00 I I 2 i RISIICi . .\nae Teno widl 111ft cae #IS 00 ~ L s 920 .00 I I ' 2 I I R.ecGrdina R--=:i Anne #2()00 10 I S 199S .OO I ! 2 l I I 1--=i .1uniar widl ~ #IS 00 01 I s 49S .OO i I I I I All lhe lismcl nmna equipmmr is supplied lhrougi1 Lasdal Medical Carpailllion I I I i I -I I I I I I I I I I i OTHER: I I I I I I S ~980 .00 TOTAL ______ _ s .. I , .... .. .. • • 0 I I • " - .... • " . • ' TRAINING UST Fill in this form if this appllc:adon is far uaining. TITLE OF TRAINING COURSE:. __________ _ TYPE OF TRAINING:. ____________ _ Has your agency been approved by the EMS Division to conduc:t this pragram? Yes No If No . name the agency/tranng officer/coordinator who wm conduct the Trainalv? COST OF PROJECT: How much of the total CASH cost of uaining project wtl be paid by the state *--- How much of the total CASH cost of uaining project wtl be paid by the student •--- How much of the total CASH cost of uaining project wtl be paid by your agency *--- For uch type of training list the following information: # of persons To be Trajned List any uaining equipment an equipment 11st on pave !5 . Total Cost P9r Type of ~ ATTACH A DETAILED BUDGET ~~IU>OWN F THIS IS A IIIAJOII Tll.YalG P110J1CT I . ' • .. • • 0 J - • 6' - • I • . • ' ... COIIIIUMCATIONS N/A IF YOUR APPLICATION IS REClUEST1NG RADIO EOUIPIIENT. TNS SECTION MUST IE COIIIPL£TB). UST FREQUENCY AND RADIO SERVICE OF TIE SYSTEII ISNG DEVELOPED. MODIFIED, OR UPGRADED If frequencies are UHF MED Channels. put .Med Channels•. H repeater apernan. list both frequencies. FREQUENCY AAQIQ SEfMCE If the communicanians system is shaNd wilh adler pubic ufa!Y services, pteue indicate which service: (mark al that apply) Police Fire Highway Maintenance __ ON A SEPARATE SHEET OF PAPER. PROVIDE A W'TIONAI. DIAGRUI OF TIE PROPOSED SYSTBI. F A COlalUNICATIONS Pl.AN HAS IIEBI DEVELOPED. PROVIDE A COPY OF nlS Pl.AN WITH TIE APPLICATION. THE NEW SYSTEM MUST HAVE. AT A MINIMUM, A CONCS'TUAL PLAN PROVIDED WITH THIS APPUCA TION . New or upgraded communications system must provide technical engineering infonna1ion. 1 . Name and telephone number of individual or qency providing technical specfficationa. Name Tmpt,oiie 2. If technical engin .. ring hu not bNn completed. pleue provide the name. telel)hone and coat quobld for the individual or agency you wil be using. Name Telephone 3. wm you need to bid for development of technical apeciflca1ion for the system? Yes No Esamatec:I Cost------ 7 . .. • • 0 I - -- • • • • '· L.ocadon and type IRS-10, Hurst. etc.I of WU1ricadan equipment (placa, claranca in rnila, travel dmel=------------------------------- Do yau have • wrinan _ or verbal _ .._. 1D .,_. Ulricadon equlpmant. If so. nane of agency: ______________________________ _ Do any cntw agind• a.a. fire. pallce, racuel plan 1a .._. in 1he ... of -.ialpma1t bought with furdng from 1hia gram? _.,.. _no .,.,.., ..... lat ...... : _______________________ _ How 111MY EMS runa ~ Ulric:adal, equipment in the pat yur? _ Average 11me of Ulricnon ------------ W 6 ! AT10II aalllAT10II W.rU. The falowi,g infannadan lhould be ... ''* from yala' physician advisor. Number of EMS runs In die pat 2 yws nt w .. wlllnnrd ..._.. Number of CPR mra 1hat took place on yaa.--runr In 1he pat 2 ,-. _ Telephal• C,tll Y•_ No_ Cldzml CPR Program_ I • • • • 0 ; " . 'I •, • •• - PROJECT FUNDING Al EMS Fund Request • 2"80.00 Bl Local Gvmt. Share • Cash • 2"80.00 Ck-' Cl 01her Cah • 4 DI Tcrcal Cah Proj. Cost (A+B+CI • "880.00 .. El Dollar Esdli ... of In-Kind Match • 4 ~ --lie -...i • I*' of.,_. IO'll,, cmh INIIIIII Fl Tomi ~am Caat ID+ El • 4880.00 Dac:ribe die in-lcind mn:h you can provide: • • 0 • f __ I -• • , . • APPLICANT'S FINANCIAL INFORMATION Cash Row Projection for Next Full Fiscal Year Year: 19'ti to 19't"t EMS Portion of Agency Projection Agency Projection Cash Balance at the at the start of year $ 0 $ () Anticipated Revenues Local Government $ 4,032,853 $ 2,822,998 Private Contributions $ 0 $ 0 Investment Income $ 0 $ 0 Other $ 0 $ 0 Anticipated Expenditures Salaries $ 3,584335 $ 2.509,035 Operating $ 448.518 $ 313,903 Capital Improvement $ u $ 0 Loans $ 0 $ 0 Other $ $ Anticipated Cash Bmance (J u For the er.d of next FY $ $ ADDmONAL INFORMATION Explain what the pulllOM of your cuh baiance: i.e. ,...,,., bulking fund. etc .... Explain any loan paymana yau .. cunwnty making; i.e.$ per rnomt, on a fire whicle. Explain any capital iaa;po..-..,t purchaw you imand to iii.ice. Tho: above oumbcrs an: brokm down as a pcrccmaip: of E.\.1S and axal n:spoasc5. Since me dcpanmmt is combined tll'C: and £i'vl5. IDllre is IIO budpt break down belwem die two. Ail a,penriinares aR based OD die fire di:partmcnt as on.: cmity. The cash bailDce is derMd from die Gmnl F 1111d. TIie ,._. is smmi oui ai a mro balance. die •micipamd budpt is assap:d OD J1111111Y I ot'dle dncmd year. AI ms ai afdal :i-ar. o.:miorr-3 i. any nscrvc in dal budp:t is l'e'Jeneci back ro me GmeraJ Fllllli lllli me budllt is back ID mo umi1 die am~ budpt is assip,d. C WTC11t loen payimm amisl of approximazely S 1.000 dailm a I'll' mamh imo die city Capila! Equipmmt iuepiacem.=m flllld ((£Rf) tor .i-)lar vehicle upsraaes af dll*'rm wnbulences . The only capila! impaO,tlllml sqpad tor l 99 i is rbe pardlw af a T-.quirt in cnpc. H~. dlis am is IIO( iund.ea oy me tire dlplnma budpt. Tbc IDDIIIIY caam from a Public lmpao .. anmr Fund tPIF ,. which is a cey-widc nmd tor c:apilaJ ams. . 10 ... •· • 0 , - • • • • . . .. EMS PROVIDER INFORMATION Years in Operation Since 19*7 TYPE OF SERVICE: BLS ~ Combination .2L Transport OR_ NcNMranaport -Other' fLL Air. etic-1--------------------------- Naffle ol Pft't•ki1n advisor (If agency tau one) _er_. _Mlcta __ H_iatt _____________ _ VoluntNr EM7-8uic: (canllldl Oistanca to PRIMARY Hospital: 1-5 miles fvl~mePaid Part-time Paid 13 (EMT-P) Average numoer of EMS Runs AnnuaJly: __;;;2300=------------------ Average numoer of Runs AnnuaUy: -=3290=~------------------- 11 . . • • 0 - • • • •• EMS Provider Information (cont'd) EMS Service Area and Geographic Description: In the space below. please desc.-ibe your sarvice area: The SCl"'ice :irea covered by the Englewood Fire Division include appro:amarely 7 .5 square miles witbin the city of Englewood. We also have mumal and automalic aid agreements with Castlewood Fire Depanment. Littleten Fire Depanmem. and Sheridan Fire depanmem. The popularion of Englewood is~-30.000 people. mainly low-to middle-income blue-collar workers. The city is primarily raidemial with sevcal multi-smry remanem ccmms and nursing homes. and an exmisive amoum of apanmcm dwellings . Throughout the city is a mixture of iDdusaial and commercial businesses ranging from small auto- body shops. to he3\'Y steel manufactures. to nmionally el<J)Oned merthandise . We have been contaeted by several of these orpniz:mons to conduct CPR classes to all their employees. Swedish :Vledical Center. one of the areas leading trauma cenms. is situ.med ne:ir the c:mer oftbe city . L" p until late 1996 the ::ity derived very litrle tilt base from Swedish due to itS ta.x exempt 5WUS at that time . Widun tbe last i years. one of the. city"s primary llX suppons Im dec:liDed to a larie empty complex. Cinderella City . one of the nalions largest indoor malls at one time. has gone from a thnv1ng bUSIDesS establishment to a narly condemned buildiq. At this time. the mcome from Cinderella City is less than 3°'o . The ::tty bas bad to look ar odlcr income solutions to mainlain the services within tbe cuy due to mis de:linc . Redevelopmem of mis n:i is tmtm\"ely scheduled for the next 2 years. 3 maJor tughways nm through and around the city. with a major north-sown railroad line nmning through the city as well . Light rail is scheduled to nm dlrough the ~ wimin the next 2 years. with a stop in Englewood. The Fire Division runs 2 full-lime paramedic 3IDbulaaces as well as 2 BLS engines and :i BLS trud 2~hours a day . The :il:lzions are samared to have less tharJ a 3-~ minme response time. tbe average response time bemg 3.~ l!UJlllleS. wtdl average lrlllSpOlt ames of7-10 minutes. We 1r.1n5pon all major traumas to Swedish ~edical Caner. arid. by patient request. we ir:mspon to Poner and Litrleton-Poner Hospitals . 12 . , • . • • 0 I - - • • "' - • . -• ' (, EMS PROVIDER INFORMATION CONTINUED EMS VEHICLES OWNED BY YOUR AGENCY Write in the number of vehicles owned of each type in the age group. H your agency does not own vehicles pluH check here NIA_ Type I AmDulancn NIA _ 1 1hru 3 .,_a aid I U1n1 1 1 .,_. aid Type U AmDulancB · NIA 1 thni 3 .,_a aid I thni 1 1 yurs old 41hru 7 ,_.. aid Older 1tlal 11 yrs Older 1hal 1 1 yrs How nmny of the above ~ have more than 70.000 mla on !lie odonwmr Type Ill AmilulanCM · 1.. 1 thni 3 years old I 1hru 1 1 yurs old 4 1hru 7 ,_.. old Older 1hal 11 yrs .· .l. How nmny of the ailove ambulanca have more than 70.000 ma. on !lie .-- 2 I thni 1 1 y.-s old 4 1hru 7 ,_.. old Older Um, , , yrs .l.. The numoer of u-,,.._.. diet haw ..,. 1ta1 10.000 ffllae on !lie odoiaw• 5.-c:h end Rescue Vehicle NIA 1 thni 3 ynn old 8 thru 1 1 .,..s old 4 lhlu 7 v-, old Older than , , yrs The number of~ vehiclN diet hew IIIOl9 1hal 70.000 ffllae on 1tw ...,._ 13 • .. • • 0 f __ I • • • EMS PROVIDER INFORMATION CONTINUED EXTRICATION EQUIPMENT OWNED BY YOUR AGENCY Write in the number of extrication devices owned by your agency None -N/A RS 10 Kit NIA 1 thn., 5 yurs aid 6 years ar alder Spl'Nder 1 thn.i 5 years aid 6 yurs ar alder Clfflllf 1 1 thn.i 5 .,_. aid I yan ar alder Ram NIA , thn.i s years aid I ,-s ar alder Air Bags 2 , thn.i 5 yon aid 8 yurs ar alder Ei"1ERGENCY MEDICAL EQUIPMENT OWNED BY YOUR AGENCY Oefiil~ars · MANUAL 2 1 thn.i 3 years aid 4 yurs ar alder SEMI-AUTOMATIC OR AUTOMATIC NIA 1 u,n., 2 y.-s aid 3 yurs ar alder Su~an (Eie=ic/lan9ryl 1 thn.i 2 yurs aid Baclt Boards (numaer awnedl Stretchers .1,_ Scoap Mabie Radios (VHF! · 12 2 3 yan ar alder _1_ WIN COIIMINCA TIONS EQUIPlaNT P1eue CMCk al apnc=-U1i1 eQUill man ie ll8ed lly:.JL Fn -~-_!DIS _l'allca Wst ihe numiler af maaile radios IVHFi 91111iD 1Wlt you law in 1tle canec: age grauo: _3_ 0 uvu S yurs aid .. ~ 8 UVU 10 .,_. a6d , 1 .,.... ar alder Mabie Radios !UHFi • NIA ...... c:,ecic .. ~ Ulia ..,._tie ll8ed lly:_ Fn --_ .... Wst me ""'""' at mobile l9dioa IUN'l ..,.larrent you law in 1t1e canec: ave grauo: 0 u,n., !5 y-, CINI _ I itlfU 10 .,_. a6d 1 1 years ar alder 14 -~·-I .. • • 0 , .... ,.. I I J - - • • • «- · ... -• EMS PROVIDER INFORMATION coNTINUED Portables. Plaae c."leclc all apnciN Ulill eQUipmem ia uud by:JL Fn 2S_EMS _Pallca List the number of Pon:aales you have in die corNCt • graup: 13 o t11n.1 s v..-. aid L, Ull'II 10,...-, , j years Of alder Pagers. NIA Pleue c."leclc all agencin Ulill -..ment is uud by:_ Fire _EMS _Police List die number of pagers you have in me corract • group: 0 thn.l 5 y..-. aid _ I 1tlru 10 ,-s md 1 i years or older TRAINING EQUIPMENT OWNED IY YOUR AGENCY Pleaa list the eQUiilmm,t on a falDwirl9 lines: y 3-Adult CPR~ 4-~ CPR IIIIIIINlq'lill slide i:rojm. 2~ projeclm. tin 1m11m1 vldias _ Is cable TV available in your area? Yes 15.... No_ FEE STRUCTURE INFORMATION Does ~r agency charge for Servic:N? YuJL. No_ ... ..._: laic: uf• ~" Advanced Life Suppon Char9e pr. paiient mile Char9e for un6aeded miles Oxvven ~Y MAST Extrica1ion S30 Do you c."-9e fer service when you provide trHUnent but do not~? Y•_ No~ If the --is yn lir. baic charVe ___ _ 1!5 6' -. , • . .. • • 0 ID "II > ~ 8 ~ ~ < !: ~ ID O > ~ 0 J ~ 0 QI O ~ r i ~ ~ I 0 • ,. ' ~,-I I ' '1· 1rt~~~iiiwl f ! ! f .. 1 J . ~ r ! .t Ii~ ~ l 5!. . I r IJ ~ J I It . 1t it fl l f. l :, 111[1-lh' i • , 1 f if 1 ! i ,1.p1a11, i :· I l ·,ji I t' I II :IIL IJ; s i 111· I 2.... ll I 0 . 0 g. "' l ... . ... Ii 'C , Di 2. 1 1 f '> i: '·, I ~ I 8 :l 1:- J d i • w ii ,~ t11 Ill t . i ! f. I, ... 1, r I [ I ~ l I i l . · l ~ ... , I . i 1 i f I rf I [ • . f hit IJl r .. rl~ , 1· If t s•P I . \_ • I . 11 .f 'I I '~HU , [ j. " r • I I . . . '; ' ' ' ~ ' , . ~ 'II I - - • ORDINANCE N0 .1!/: SERIES OF 1997 • • • BY AUTHORITY -11.Blbt. P8R COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A PROPERTY TRANSFER AGREEMENT BETWEEN CINDERMAK ASSOCIATES AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Cindermak is the owner of certain property commonly known as the Cinderella City Shopping Center; and WHEREAS, Cindermak desires to transfer and convey to the City of Englewood such property; and WHEREAS, the City agrees to accept title to the property after certain conditions are met; and WHEREAS, the property transfer agreement was amended after fint reading and a new property transfer a,reement is attached; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectigp 1. The Property Transfer Agreement between Cindermak Auociatea and the City of Englewood with rNpeCt to the Cinderella City property is attached hereto as "Emibit A,• is hereby accepted and approved by the Enpewood City Council. Sectigp 2. The Mayor is authorized to euc:ute and the City Clerk to att.Nt and -1 the Agreement for and on behalf of the City of Englewood. Colorado. Sectigp 3 . The City Manapr shall be authorized to mp cloaing documents and make any designation under the agreement u nec:euary. Introduced, read in full, and puaed on fint reamnron the 19th day of May, 1997. Publiahed u a Bill for an Ordinance on the 22nd day of May, 1997 . Amended, reintroduced, read in full, and puaed u amended on the 18th day of August, 1997 . -1- ,. - . ' 10 bi .. • • 0 I -• • • • ,. Published as amended as a Bill for an Ordinance on the 21st day of August, 1997 . Read by title and pused OD final reading on the 2nd day of September, 1997. Published by title as Ordinance No . _, Series of 1997, on the •th day of September, 1997. Thomas J. Burns, Mayor ATTEST : Loucruhia A. Ellia, City Clerk I, Loucruhia A. Ellia, City Clerk of the City of Englewood, Colondo, hereby certify that the above and fonaoinl ia a true copy of the Ordinance puaed OD final reading and published by title u Ordinance No._, Series of 1997. -2- --------- , I ·- .. • • 0 I .... ~ I • • 0 , . • PROPBRTY 'l'lWfSPBR AGJlllllBll'l' 'l'JIIS AGRBDD'l' dated August , 1997, is between CIJIDDDJ[ USOCIA'l'BS, a joint venture ("Cindermak"), and the CI'l'Y OF BJIGLIIWOOD, a Home Rule Municipal Corporation ("City"). QCI'?ALS A. Cindermak owns certain land, improvements and tangible and intangible personal property, which is part of the Cinderella City Shopping Center (the "Shopping Center") located in the City of Englewood, County of Arapahoe, State of Colorado, which is further described and defined as the "Property" in Section l of this Agreement. B. Cindermak desires to transfer and City desires to receive the Property, upon the terms and provisions of this Agree- ment. CQYIQll'l'S IN CONSIDERATION of the foregoing and the mutual agreements herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SBC'l'IOII 1 -ROPD'l'Y 'l'llUSl'D 1.1 Transfer. Subject to the terms and conditions of this Agre .. ent, Cindermak agrees to transfer and convey and City agrees to accept title to the following described property (all of which is hereinafter collectively referred to as the "Property"): (a) The land described in Exhibit 1, 1-A hereto together with all rights and all appurtenances to or used in connection therewith (the "Land"), including without limitation, the following, if any, to the extent owned by Cindermak: all minerals, oil, gas and other hydrocarbon substances on and under the Land, as well as all developaent rights, rights of Cinderaak as a Declarant under any declaration, covenant or similar instruaent, air rights, water, water rights and water stock relating to the Land, any rights to any land lying in the bed of any existing dedicated street, road or alley adjoining the Land and to all strips and gores adjoining the Land, and any other eas .. ents, rights-of-way or appurtenances used in connection with the beneficial use and enjoyaent of the Land; notwithstanding anything herein, the Property does not include the land described in 1¥bibit .l.....l=I hereto or any appurtenances thereto; •• •. .. •· • 0 ' I • 0 t• • (b) All improvements located on, appurtenant to or used in connection with the Land (the "Improvements"); (c} All furniture, fixtures, equipment, machinery, tools, supplies and other tangible personal property and all leases of tangible personal property, owned by Cindermak and used in connection with the ownership, management or operation of the Land or the Improvements and Cindermak's right, title and interest in and to the trademark or tradename of "Cinderella City" and any other trademark or tradename used by Cindermak in connection with the Land and the Improvements (the "Personal Property"}; and (d} All books, records, files, reports, plans and specifications and soil tests relating to the Land or Improvements, in the possession or under the control of Cindermak (the "Reports"). 1.2 Releases. Subject to the terms and conditions of this Agreement, in consideration of the transfer of the Property from Cindermak to City and the Environmental Remediation to be carried out by Cindermak, at the Closing City shall release Cindermak and its partners from their obligations under the Deed and Agreement, dated November 3, 1968 (the "Parking Agreement"), recorded on April 14, 1969, as Reception No. 1138496 in Book 1807 at Page 713 of the records of the Clerk and Recorder of the County of Arapahoe, State of Colorado, as amended April 1, 1983. Except for claims resulting from claims by third parties or claims arising under this Agreement which survive the Closing, at the Closing Cindermak and City shall simultaneously release each other from any other claias either party (including any partners of Cinde:raak) may now or hereafter have against the other, known or unknown, contingent or otherwise, relating to the Property. City hereby con! iras its agreeaent to forbear froa enforcing the Parking Agre-ent as set forth in City's letter agr.-ent dated Karch 3, 1994. 811CTIOII 2 -DOCUldWH !'O •• Dat.ZVDSD !'O CI'l'T 2. 1 pocuaents to a paliy•rtd to city. Within three c 3 > days after the Effective Date, Cinderaak shall deliver to City the following items relating to the Property: (a} A title insurance caaaitllent ("Commitment") issued by Chicago Title of Colorado, Inc., as agent for Chicago Title Insurance Company showing the status of record title to the Land and Improveaenta, along with legible copies of all recorded documents referred to in the Caaaitaent. The Co11J11itaent shall co11J11it to insure title to the Land in the City in the .. aunt of $6,000,000.00 under an owner's Policy, ALTA Form B 1992 with the creditor's rights provision deleted (the •owner's Policy") with the standard printed exceptions contained in such form deleted, 2 • < • • 0 , I • ,. - 0 ,. - however, the Commitment and owner's Policy, when issued, may make exceptions for any rights to assert a mechanic's lien resulting from any work done or contracted for by parties other than Cindermak or its agents; and the exception for taxes shall be limited to current year taxes not due or payable. The exceptions (other than preprinted exceptions) shown on Schedule B-2 of the Commitment, subject to approval pursuant to Section S.l(a) hereof, and the Wards Lease, Renz ios Lease and Western Federal Lease referred to below, are referred to below as the "Permitted Exceptions". The parties acknowledge that City, at its option and cost, may furnish the title insurance company with a current survey, and if City elects not to provide a survey, the Commitment and owner's Policy may also include the printed exceptions relating to matters which an accurate survey would disclose or easements or claims thereof not shown by the public records; however, if the City furnishes a current survey and the survey discloses adverse matters which preclude the title company from deleting said printed survey and easement exceptions or deleting such exception but taking exception to adverse matters shown on the survey, City shall have the right to object as provided in Section S.l(a). (b) A certificate of taxes due covering the Land, Improvements, and, if applicable, the Personal Property, prepared by the Treasurer of the County in which the Property is located. (c) All surveys and plats of the Property in the possession or control of Cindermak or its partners. City acknowledges it has received a copy of the survey prepared by Gingery Associates, Inc., last revised January 31, 1980. (d) Copies of such specifically identified Reports in the possession or control of Cindermak or its partners which the City requests in writing and which relate to the redevelopaent of the Property. (e) All asbestos and environmental reports concerning the Property in the possession or control of Cindermak or its partners. City acknowledges it has already received copies of the reports set forth in Section 3.2 (g). (f) As-built plans and specifications for the Property, liaited to those relevant for total d-olition and specifically excluding any plans or specifications relating to tenant i11prov .. ents, in the possession or control of Cindermak or its partners. Such plans and specifications shall be made available for inspection by City or its agents at Cindermak's aanageaent office at the Shopping Center. City shall have the right to obtain copies of such plans and specifications at City's cost. City shall be given possession of the original of such plans and specifications at the tiae of Closing. 3 •. .. ,. 0 - • • • • 0 , . • (g) Original (if available, otherwise copy) of Lease dated August 5, 1965, as amended, between New Englewood, Ltd. and Associated Dry Goods Corporation, hereinafter =eferred to as the "Wards Lease", lease dated January 7, 1993 between Kravco Company as agent for Cindermak Associates and Renzios, Inc., hereinafter referred to as the Renzios Lease" and lease dated May 24, 1984 between Kravco Company, Agent for Cindermak Associates, a Joint Venture and Western Federal savings & Loan Association of Colorado, a federally chartered savings and loan association, hereinafter referred to as the "Western Federal Lease". SBCTIOB 3 -RBPU81Dff1'tI0BS UD 1'UUJITIU 01' CDIDDDlt 3.1 Transfer "As Is". Except for the representations and warranties of Cindermak expressly provided in this Agreement, and subject to the covenants, agreements and indemnities, if any, of Cindermak in this Agreement, City shall accept the Property "AS IS", "WHERE IS", and "WITH ALL FAULTS" CONDITION AND STATE OF REPAIR. CITY DOES HEREBY WAIVE, AND CINDERMAK DOES HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER WITH RESPECT TO THE PROPERTY, INCLUDING, BY WAY OF DESCRIPTION BUT NOT LIMITATION, THOSE OF CONDITION, TENANTABILITY, HABITABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. The provisions of this paragraph shall survive the closing. 3.2 Bepres•ntations and warranti•s. cindermak represents and warrants to City as of the date of this Agreement and as of the date of the Closing as follows, each of which shall survive the Closing as provided in Section 10 except as otherwise expressly provided: (a) status and Authority. cindemk is duly organized, validly existing and in good standing. Cindermak has full power to own its property and to carry on its business as now being conducted. Cindermak has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement and the docwaents to be executed and delivered pursuant hereto. The execution and deli very of this Agre-ant and such docwaents have been duly and validly authorized by all necessary action on its part to aake this Agre9llent and such docuaents valid and binding upon it and no further authorization or consent is required by Cindermak to consUJIIUlte the transactions cont9llplated under this Agreement. Upon execution and delivery, this Agre9llent and such docWDents will constitute Cindermak's valid and binding obligations enforceable in accordance with their teras, except to the extent limi tad by bankruptcy or insolvency laws, or laws affecting creditor's rights generally . (b) Titl• to th• Proparty. To the best of Cindermak's knowledge, Cindermak has good and .. rketable title to 4 ' •. •· • 0 , -• 0 • <. the Property, free and clear of all mortgages, liens, pledges or other encumbrances, covenants and restrictions, except for those disclosed in the Commitment and those caused by the City's purchase and proposed redevelopment of the Property. The warranties in this subparagraph (b) shall not survive the Closing except as may be provided in the deed delivered at Closing. (c) Liabilities. Except for (i) matters d ~sclosed in the Commitment, (ii) the Environmental Remediation to be performed under Section 4.3, (iii) leases not yet terminated, (iv) claims caused by City, its agents and those entities interested in the redevelopment of the Property including the Regional Transportation District, hereinafter referred to as the "RTD", and (v) any liability relating to or arising from the Parking Agreement and/or the parking deck, there is no obligation or liability of any nature whatsoever, contingent or otherwise, which, to the best of Cindermak's knowledge, is, or could become, a lien or other encumbrance on the Land or Improvements nor has Cindermak engaged in any action with respect to the Property which could give rise to a material claim against the Property. All accounts payable, liabilities and obligations incurred by Cindermak shall be paid in full by Cindermak prior to the Closing. In the event any loss sustained by the City arising from a breach of the warranties under this sub-paragraph is recoverable under the OWner' s Policy, the City's remedy for such breach following the Closing shall be limited to its recourse under the OWner's Policy. In no event is the limitation of the preceding sentence to limit or impair any rights of subrogation which the title insurance company may have with respect to the owner's Policy. (d) Laa•••· As of the date hereof, there are no leases, tenancies, licenses or rights of occupancy or possession affecting the Land and Im.prov-ants ("Le••••") except for the Leases with Western Federal, Montgoaery Ward and Renzios. In the event any loss sustained by the City arising from a breach of the warranties under this sub-paragraph is recoverable under the OWner' s Policy, the City's r-edy for such breach following the Closing shall be limited to its recourse under the OWner's Policy. C•l May Ground LaaH. Cindemk as of the date of this Agreeaent has terminated the Lease, dated septeaber 1, 1982, between Cindemk and the predecessor of May Department Stores Company, and all rights of occupancy and possession of any part of the Property of such tenant. (f) Litigation. To the best of Cindemk's knowledge and except for claims arising •• a result of City's proposed redevelopment of the Property, there is no action, suit or proceeding pending or threatened against the Property or Cindemk with respect to its interests in, .. nag-ent and rental of, or other activities with respect to, the Land and Improv-•nts s .. •· • 0 , X ]- • • • I• • including, without limitation, any claims by any tenant under the Leases or otherwise made by any such tenant against the Land and Improvements or Cindermak. Cindermak has paid in full all leasing commissions due and payable with respect to the Leases and Cindermak is not aware of any claim by any person for any leasing commissions with respect to any of the Leases or otherwise relating to the Property. (g) Enyirorupantal compliance. To the best of Cindarmak'• knowledge, there is no violation of any environmental laws, except for the matters disclosed in the following reports prepared by ATC Environaental, Inc. and the 1988, 1991 and 1996 reports prepared by the below noted entities, hereinafter collectively referred to as the "Equitable Environmental Reports" (copies of which have been delivered to City): (i) Soil Probe Survey, Installation of MW-4 and MW-5 + Magnetometer Survey, dated September, 1995. (ii) Phase II Investigation Adjacent to Former UST Former J. c. Penney Auto Store, dated August 1, 1995. (iii) ACM Survey dated October 18, 1995. (iv) ACM Survey-Montgomery Ward, dated October 19, 1995. (v) ACM Survey-Roof, dated November 7, 1995. (vi) Three (3) letters froa ATC addressed to Equitable Real Estate Invesaent Nanag ... nt, Inc., all dated Noveaber 7, 1995. (vii) BCM ACM Survey dated october, 1988. (viii) Phase I Survey dated April 16, 1995. (ix) Pacific Environaental Servic .. , Inc., Cinderella City Asbestos Identification survey dated January 14, 1991. (x) Letter froa the State of Colorado dated April 11, 1996 concerning J. c. Penney underground storage tank. (h) No Qafaults. Subject to the Adjoining Landowners' Agremnts and the teraination of any existing Lea•••, to the best of Cindaraak'• knowledCJ•, the conswmation of the transactions conteaplated by this Agreeaent will not r .. ult in the material breach of any of the teras or provisions of, or constitute a aaterial default under any agra ... nt or other instruaent to which 6 ' • . ... 0 • • 0 - • • • 0 • '· • Cindermak is a party or by which it or any portion of the Land and Improvements may be bound. ( i l Trademarks and Tradenames. To the best of Cindermak's knowledge, the marks and names described on Exhibit 3.2 ..uJ. attached hereto is a true, complete and accurate schedule of all trademarks, tradenames and service marks used by Cindermak in connection with the Property, together with a brief description of each. (j) ~. Except for any work performed by or on behalf of City or its agents or by or on behalf of any entities that are negotiating with the City concerning the redevelopment of the Property and by or on behalf of the RTD, all sums due for work that has been performed at Cindermak's or Kravco's request in or on the Land and Improvements and materials furnished in connection therewith which might in any circumstance give rise to a mechanic's or materialman's lien either have been paid or, as to work presently in progress, Cindermak will promptly make payment as payment becomes due. However, Cindermak may in good faith contest the validity or amount of any lien required to be paid by it, and pending such contest Cindermak shall not be deemed in default hereunder if it promptly pays any amount adjudged in a final Order by a court or arbitrator to be due, with all costs and interest thereon. If the City or its assignee or successor requires in connection with the development of the Property a release of the lien prior to the conclusion of such contest, within twenty (20) days following written request from the City, Cindermak shall bond over such lien, or furnish a title insurance policy or endorsement insuring against any loss relating to such aechanic's lien. 8SC'l'I011 4 -CDIDDll&S' 8 OBL:IG'l'IOll8 BUORII CLOa:IN 4. 1 Termination of sarvic• contracts. cindemk shall, at its sole coat and expense, terainate all contracts and agreements relating to the manag .. ent, operation or maintenance of the Property ("Service Contract"), except for those that City elects to assume pursuant to Section 5.l(b). The effective date of termination for such Service Contracts shall be no later than the date of Closing. 4 • 2 Entry on Proparty. City and City'• representatives, agents, consultants and design••• shall have the right at reason- able times to enter upon the Property, at City's own cost, for any purpose in connection with its proposed purchase, development or operation of the Property, including, without liaitation, the right to make such inspections, investigations and tests as City aay elect to make or obtain; provided, however, any entry of City hereunder shall be conducted in such a aanner •• to ainimize the inconvenience caused to any tenants. City shall proaptly pay for all work and materials used in connection with or related to such 7 -~·· ., • • 0 - J- • • , . • inspections, investigations and tests and shall promptly discharge any mechanic's lien claims which may be asserted in connection with such work or materials. In addition, City, at its sole cost and expense, may make such inquiries as City deems appropriate of Cindermak's consultants or contractors who have performed work with respect to the Property. Cindermak agrees to make all books, records and files of Cindermak relating to the Property available to City and City's attorneys, accountants and other representatives at any time during business hours upon reasonable notice from City and, at City's sole cost and expense, to cause Cindermak' s · consultants and contractors to furnish City with any information and copies of docwaents reasonably requested by City. City shall pay the cost of copying such information except for such infor- mation required to be furnished under Section 2.1. From and after the execution of this Agreement, City and City's representatives, agents, consultants and designees, following not less than five (5) days prior written notice to Cindermak, shall be entitled to communicate directly with all tenants and other persons in connection with City's purchase and development of the Property. City shall be responsible for any claims, demands or actions made on Cindermak and which relate to such .inquiries or activities pursuant to this Section 4.2, which responsibilities shall survive the Closing. Any damages incurred by Cindermak as a result of City's actions under this Section 4. 2 and not paid for by City shall be a default hereunder. 4. J Enyirorugntal Rgadiation. The parti-acknowledge that prior to the City's intended redevelopment of the Property, certain environaental remediation work c•Environaental Remediation•) will be required for the reaoval of part or all of the existing asbestos as referred to in the Equitable Environaental Reports and a •no action• letter from the State of Colorado with respect to the contaaination referred to in the Equitable Remediation Reports c•aradley teak•). Cindermak agrees to under- take such Envirol'lllental Rmaediation, at its sole cost and expense, subject to the following teras and conditions: (a) The Environaental Reaediation of the asbestos shall be conducted after the Closing in accordance with the specifications which are attached hereto as Exhibit 4.J(a). Said specifications are herein referred to as the (•Specifications•). Cb) The Environaental a ... diation of the asbestos shall be done by the contractor naaed in and under the tar.a of the contract which is attached hereto as Exhibit 4 • 3 ( b) • Any aanif eats prepared for the reaoval of the asbestos shall be in the naae of Cindermak or the Contractor. (c) The coat of the Environmental Reaediation of the asbestos shall be paid for by Cinder11&k. Cinderaak shall cause the contractor to coaaence the Environaantal Reaediation of the 8 ...... • • 0 , J- • • "'~ • • t• • ' • asbestos on the earlier to occur of December l, 1997 or within thirty (30) days after City notifies Cindermak in writing that the Property is vacant and complete such work within one hundred twenty (120) days following the co111J11encement of the Environmental Remediation of the asbestos. In the event commencement or completion of the Environmental Remediation of the asbestos is delayed as a result of causes beyond the control of Cindermak, such as but not limited to City's failure to remove all tenants from the Property at least thirty (30) days prior to December l, 1997, such co111J11encement or completion date shall be extended for a period equal to the number of days caused by such delay. If the commence- ment of the Environmental Remediation of the asbestos is delayed past December l, 1997, as a result of causes beyond the control of Cindermak, then City shall pay for any additional costs or expenses incurred by Cindermak as a result thereof, including but not limited to any increase in the contract price for the Environmental Remediation of the asbestos. (d) For purposes of this Agreement, (i) the Environmental Remediation of the asbestos shall be deemed completed at such time as Cindermak has received written confirmation from the applicable Federal and/or State governmental agencies, if and to the extent such agencies provide written confirmation, that the Environmental Remediation of the asbestos has been completed in accordance with the requirements of applicable governmental rules and regulations, and Cindermak and City have received certification from an anviroruaental engineer mutually agreed upon and in a form reasonably acceptable to City and Cindermak that the work bas been coapleted in accordance with the requir .. ants of the contract for such work and the Specifications; and (ii) the Environaental Remediation with respect to the Bradley Leak shall be daeJDed completed upon receipt of a "no action" letter from the State of Colorado in form and substance reasonably satisfactory to the City. Any cost incurred to obtain such confirJ1&tion and certification shall be deemed a cost of the Enviromaental Remediation for purposes of Section 9. (e) At the option of the City, the City or Mercantile Stores aay enter into an agre ... nt with the sa.e contractor used by Cinderaak to perform environmental realldiation of asbestos on the property ("Mercantile Property") which was formerly operated as a Joslins store in the Shopping Center . Cindermak shall not be a party to such contract and shall have no liability or obligation under such contract. (f) In the event the Environmental Remediation of the asbestos is not carried out and completed in accordance with the terms of the Exhibits 4.J(a) and (b) by the contractor, Cindermak shall assign any causes of action it aay have against the contractor under the contract to the City at the City's request and in such event the City aay, provided that it is at no cost to 9 • • 0 , • 0 • Cindennak, pursue any claims for damages or other relief to which Cindennak would have been entitled as a party to said contract. 4.4 subsequently Discovered Defects. If any material matter affecting title, ownership, use or enjoyment of the Property ("Defect") shall arise or be discovered by City which is not set out in the Commitment, or is not disclosed in the materials furnished to City under Section 2.1 and which has not been created or caused (i) by City or any agent or designee of City or (ii) by any entity working with the City on the redevelopment of the Property including the RTD, the City shall have the right to object to such Defect by the delivery to Cindermak of notice of such Defect within ten (10) days after City discovers such Defect provided that, if such Defect is discovered within ten (10) days prior to the Closing Date, the Closing shall be extended for such period as may be necessary to give effect to the provisions of this Section 4.4. If City does not so object within such period, City shall be deemed to have accepted such Defect. Upon receipt of notice of City's objection to any such Defect, Cindermak shall have the right, but not the obligation, to cure such Defect to the satisfaction of City and the Title Company for a period of ten (10) days from the date of such notice, or if such cure can not be completed within 10 days, to commence such cure within 10 days and thereafter diligently pursue the same to completion, which cure in all events shall be completed within 45 days. If such cure period extends beyond the Closing Date, the Closing Date shall be extended to three (3) days after the expiration of such cure period. If Cindermak cures City's objection to the satisfaction of City within such cure period, then the Closing shall occur on the original or postponed date of the Closing but otherwise upon the terms and provisions contained herein. If Cindermak has not cured such Defect to the satisfaction of City, City shall either (a) close on such original or postponed date (and City shall thereby be deemed to have waived such objection) or (b) terminate this Agreement by giving written notice to Cindermak before such original or post- poned date and the parties shall be released froa all further obligation and liability except as otherwise herein provided. If, in Cindermak's attempt to cure a Defect, City discovers other Defects, such additional Defects shall be subject to the procedure set forth above. The date of Closing shall not be extended under this section 4.4 for aore than sixty (60) days while Cindermak is attempting to cure such additional defect. If Closing cannot occur within said sixty (60) days and the parties do not agree in writing to extend the Closing further, City shall make an election under Sections (a) or (b) above. If the City does not make said election within said sixty (60) days, it shall be deemed to have elected Section (a). 10 '. ' i1r, •. .. •· • 0 f • 0 • SECTIOB 5 -COHDITIOHS PRBCEDBlll'r TO CITY'S AJID CilfDBRMAlt'S PBRJ"OIUIUJCB s. 1 conditions Precedent to city's Performance. The obligation of City to accept transfer of the Property and consum- mate the transactions con-cemplated hereunder is subject to the satisfaction of the following conditions precedent on or before the time set forth below. The conditions set forth in this Section 5. 1 are for the sole benefi'C of the City. If any condition is not so satisfied, the condition may be waived by City in writing or City may terminate this Agreement in which event the parties will be released from all further obligation and liability under this Agreement excep'C as otherwise herein provided. In the event City fails to give written no-cice of objection within the time set forth below, City shall be deemed to have waived any objection to such item. If any condition is not so satisfied, at the option of Cindermak and with the consent of the City, which consent shall not unreasonably be withheld, Cindermak can agree to indemnify the City and its successors and assigns, in form and substance reasonably satisfactory to the City, from any loss, damage, cost, or liability whatsoever arising with respect to such condition not so satisfied, and in such event, the condition shall be deemed satisfied. (a) Title Review. If City reasonably determines that any matter reflected in the Commitment or any survey of the Property, or any other matter affecting or related to title to the Property, except matters caused by City, any agent or designee of City or any entity dealing or negotiating with the City with respect to the redevelopment of the Property including the RTD, will impair or interfere with City's redevelopment of the Property, then City shall be entitled to object to any such title matter by providing written notice thereof to Cindermak on or before ten (10) days after receipt of the co-itJaent. If City provides such written notice of objection, Cinder11ak shall have the right but not the obligation to have fifteen (15) days, or such longer period of time as may be agreed upon by Cindermak and the City ("CUre Period"), from the date of receipt of such notice of Purchaser's objection to cure City's objection, including, without limitation, causing the title company to insure against loss or damage resulting from such objection. If necessary, the Closing shall be postponed for those number of days required under this section for Cindermak to cure the objection, but in no event shall the Closing be postponed more than sixty (60) days. If Cinder11Ak fails to have such objection r-edied or fails to hav• it remedied to City's satisfaction within the Cure Period, City shall elect, within three (3) days, either: (i) to terminate this Agre .. ent by providing written notice thereof to Cindermak, in which event the parties shall be relieved of all further obligation and liability hereunder except as otherwise herein provided, or (ii) to accept title subject to the objection, in which event City shall be deeaed to have approved the Commitaent, the Survey and the Permitted 11 . : , lfr~ •. • • 0 ' J G::l!S- • 0 I• • Exceptions. If City does not make said election within said three (3) days, it shall be deemed to have elected Option (ii). If the City objects to a lien securing an ascertainable amount of money, Cindermak shall have the option of obtaining a release of such lien at the time of Closing in lieu of any other cure of such objection. (b) service Contracts. Within ten (10) days of the Effective Date, the City shall designate in writing to Cindermak those Service Contracts it wishes to assume and keep in effect. With respect to any remaining service Contracts that the City did not so designate, Cindermak shall have, on or prior to Closing, terminated all Service Contracts at Cindermak' s sole cost and expense. Upon written request of the City, Cindermak shall furnish to the City satisfactory evidence of such termination. (cJ Accuracy of Representations and warranties of Cindermak. on the date of this Agreement and as of the Closing Date, all representations and warranties in this Agreement by Cindermak shall be true in all material respects as though made at that time. At the Closing, Cindermak shall certify to City that as of the Closing Date all the representations and warranties of Cindermak contained in this Agreement are true in all material respects. In the event any event occurs which causes Cindermak's warranty or representation to no longer be true or accurate in any material respect, through no fault of Cindermak, Cindermak shall promptly notify the City, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. Cindermak shall have thirty (30) days from the giving of said notice to cure the reason for the warranty or representation being untrue or inaccurate. If Cindermak cannot effect such cure within said thirty (30) days the City shall then have the option, by written notice to Cindermak within three (3) days of the end of the thirty (30) day period, of (i) waiving such matter, (ii) terminating this Agre-nt, in which event the parties will be released fro• all further obligation and liability under this Agreement except as otherwise herein provided, or ( iii) requiring Cindermak to remedy such aatter, if the cost to do so, when added to the cost of the Environaental Remediation for the asbestos and the Bradley Leak and the cost of bringing all taxes due on the Property, does not exceed $1,500,000. If City does not make such election within said three (3) days, it shall be deemed to have elected Section (i). If such cure period extends beyond the Closing Date, the Closing Date shall be extended to three (3) days after the expiration of such cure period. If Closing cannot occur by the extended Closing Date and the parties do not agree in writing to extend the Closing further, City shall aalte an election under Sections (i) or (ii) above. Notwithstanding the foregoing, in the event any warranty or representation by Cind.ermak is not true or accurate in any aaterial respect, either at the time of execution of this Agreement or at any time thereafter, Cindermak shall have the option, with the consent of the City, which consent 12 ..... ,,; •· • 0 f ] • • • 0 • shall not unreasonably be withheld, to indemnify the City and its successors and assigns, in form and substance reasonably satis- factory to the City, from any loss, damage, cost, or liability whatsoever arising with respect to such warranty or representation, and, in such event, the City shall be deemed to have waived any objection to the untrue or unacceptable warranty or representation. (d) Compliance with covenants. Cindermak shall have complied with all the agre .. ents and covenants set forth in this Agreement in all material respects. s. 2 conditions Precedent to cindarmak' s Performance. The obligation of Cindermak to transfer the Property and consummate the transactions contemplated hereunder is subject to the satis- faction of the following condition• precedent on or before the time set forth below. The conditions set forth in this Section 5.2 are for the sole benefit of Cindermak. If any condition is not so satisfied, the condition may be waived by Cindermak in writing or Cindermak may terminate this Agreement in which event the parties will be released from all further obligation and liability under this Agreement except as otherwise herein provided. In the event Cindermak fails to give written notice of objection within the time set forth below, Cindermak shall be deemed to have waived any objection to such item. (a) Accuracy of Representations and warranties of ~-On the date of this Agreement and as of the Closing Date, all representations and warranties in this Agreement by City shall be true in all material respects as though made at that time. At the Closing, City shall certify to Cindermak that as of the Closing Date all the representations and warranties of City contained in this Agreement are true in all material respects. In the event any event occurs from the date of this Agre .. ent to the date of Closing which causes the City's warranty or representation to no longer be true or accurate in any material respect, through no fault of the City, the City shall proaptly notify Cinderaalt, which notice shall include the details regarding in what respect a specific warranty or representation is no longer true or accurate. Cinderaalt shall then have the option, by written notice to the City within three (3) days, of (i) waiving such matter, (ii) terminating this Agreement, in which event the parties will be released from all further obligation and liability under this Agr ... ent except as otherwise herein provided, or (iii) requiring the City to remedy such matter, if such matter can be reaadied. (bl compliance with covenants. city shall have complied with all the agreements and covenants set forth in this Agreement in all material respects . 13 ' •. ... • • 0 , • • • • 0 • SBC'UOB 6 -RDRUDT1TIOB8 UD DltJlAJl'l'IBS OP CITY City represents and warrants to Cindermak as of the date of this Agreement and as of the date of the Closing as follows, each of which shall survive the Closing as provided in Section 10 except as otherwise expressly provided: 6.1 status and Authority. city is a Home Rule Municipal Corporation, duly organized, validly existing and in good standing. It has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement and the doCWDents to be executed and delivered pursuant hereto. The execution and delivery of this Agreement and such doCWDents have been duly and validly authorized by all necessary action on its part to make this Agreement and such documents valid and binding upon it. Upon execution and deli very, this Agreement and such documents will constitute City's valid and binding obligations enforceable in accordance with their terms, except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. 6.2 Litigation. To the best of the City's knowledge, there is no action, suit or proceeding pending or threatened against the Property or the City with respect to its interests in, or its activities with respect to, the Land and I:aprov .. ents. 6.3 No Defaults. The consW11J1&tion of the tranaactions contemplated by this Agreement will not result in the breach of any of the terms or provisions of, or constitute a aaterial default under any agreement or other instrument to which City is a party or by which it may be bound, or under any statute, ordinance, resolution, rule or regulation by which City may be bound. HC'fIOJI 7 -'!'Im CLOaIJIG 7.1 The Closing. The Closing shall take place at 10:00 a.m. local time at the offices of the City Attorney, City of Englewood, at Englewood, Colorado, or such other location in the metropolitan area of Denver, Colorado a• the City aay deaignate, on the eleventh (11th) day after the final date that any objections may be filed to the City's approval of this Agre ... nt (the •cloaing Date•) . Notwithstanding the foregoing, if this Agreaaent doe• not close on or before October 15, 1997, Cindaraalt aay tarainate thi• Agreement by giving written notice thereof to City, and the parties shall thereupon be released from all further obligations and liability, except as otherwise herein providac.. 1.2 Approval of c1odnq PS!ra!NDt•. Within tan (10) day• following the Effective Date of this Agre ... nt, the parties shall agree upon the for.11 of the following doeu11ants to be delivered at Closing: 14 •• • • • 0 ' • • • (a) The deed to be delivered pursuant to Section 7. 3 (a). (b) The bill of sale to be delivered pursuant to Section 7.J(d). (c) Certificate to be delivered pursuant to Section 7. 3 (f). (d) Non-foreign person certificate to be delivered pursuant to Section 7.J(g). (e) Resolution and Ordinances to be delivered pursuant to Sections 7.J(h) and 7.4(c). (fl Counsels' opinions to be delivered pursuant to Section 7.J(i) and 7.4(d). (g) Releases to be delivered pursuant to Section 7 . 3 ( k) and 7 . 4 (a) . (h) Assignment and Assumption of the Western Federal Lease, Wards Lease and the Renzios Lease. (i) Any other document required to be delivered hereunder. 7.3 obligations of cindermak at closing. At the Closing, Cindermak shall deliver the following instruments and documents: (a) Cindarmak shall execute, have acknowledged and deliver to City a quit claim deed or, if City obtains an improve- ment survey acceptable to .and certified to Cindermak, a Special Warranty Deed, conveying title to City to the Land and the Improve- ments, subject only to the Peraitted Exceptions and the pre-printed exception to the co-itaent not deleted pursuant to this Agreeaent. (bl Cindarmak shall cause to be delivered to City either (i) a current ALTA Extended owner's Policy of title insurance on the Property to be issued pursuant to the co-itaent delivered to City as required by this Agre .. ent showing no lien, encumbrance or other restriction other than the Peraitted Excep- tions and pre-printed exceptions not deleted pursuant to this Agreement, or (ii) an unqualified written co-itllent froa the Title Company to deliver such policy of title insurance proaptly following the Closing. (c) Cinderaak shall execute and deliver to City a certification that all Leases and Service contracts have been terminated, except the Western Federal Laa••, Wards Lease and 15 ,,,, _ ' -, _ . ur, • . •· • 0 , ] • 0 I • • Renzios Lease and those Service Contracts City has elected to assume, provided that any acti on brought by the City with respect to any Leases shall be limited as provided in Section 3.2(d). (d) Cindermak shall execute, have acknowledged and deliver to City a bill of sale conveying to City all of Cindermak's right, title and interest in and to the Personal Property without warranties. (e) Cindermak shall deliver, or cause to be delivered, to City all documents required to be delivered on the Closing Date under Section 5. (f) Cindermak shall execute, have acknowledged and deliver to City a certificate that all representations and warranties as contained in this Agreement are true, accurate and complete in all material respects as of the Closing Date; except with respect to Defects as set forth in Section 4.4 and exceptions permitted under 5.l(c). (g) Cindermak shall execute and deliver to City a certification executed by Cindermak that Cindermak is not a "foreign person" in accordance with and/or for the purpose of the provisions of Sections 7701 and 1445 (as may be amended) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated thereunder, as well as any similar certification required by the laws of the state in which the Property is located. (h) Cindermak shall deliver to City a certified copy of a resolution of Cindermak authorizing the consWUUltion of the transactions contemplated under this Agreeaent and confirming the authority of the persons executing the documents to be delivered under this Section 7. 3 to do so on behalf of the Cindermak. ( i) Cindermak shall deliver an opinion of its counsel that Cindermak is duly organized, validly existing, and if applicable, in good standing, bas the authority to enter into this Agreement and to consummate the transactions contemplated hereunder, that the persons executing on behalf of Cindenaak this Agreement and the documents to be delivered under this Section 7.3 have been duly authorized to do so, that Cindermak bas obtained all of the consents required to execute this Agreeaent and consummate the transactions contemplated hereunder, and that this Agreeaent and the documents delivered hereunder are legal, valid and binding obligations of Cindermak and enforceable according to their terms, except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. (j) Subject to the terms of this Agreeaent, Cindermak shall deliver, or use its beat efforts to cauae to be 16 ..... ,, ~ • . .. • • 0 , -• 0 - delivered, such other instruments and documents as may be reason- ably required by City or the Title Company to transfer title to the Property to City in the condition herein contemplated, including, without limitation, a mechanic's lien affidavit or such other similar indemnity and affidavit agreement reasonably necessary to satisfy the requirements set forth in the Co11JDitJ1ent to cause the Title Company to delete the preprinted exceptions. (k) Cindermak shall execute and deliver an agreement for the release of City as provided in Section 1.2. (l) If ascertainable at Closing, Cindermak shall deliver the funds for Cindermak's Contribution, if applicable, as provided in Section 9, provided that, Cindermak shall only provide the funds for the Environmental Remediation as they come due and payable. If it is not possible to determine Cindermak's contribution, if any, at Closing, any amounts due will be paid when all costs and expenses of the Environmental Remediation have been determined. (m) Cindermak shall execute and deliver the Assignment and Assumption of the Western Federal Lease, Wards Lease and Renzios Lease. 7. 4 Obligations of city at closing. At the closing, City shall deliver the following instruments and documents: (a) City shall execute and deliver an agreement for the release of Cindermak as provided in Section 1.2. (b) City shall pay any closing costs and adjust- ments as provided in Section 7.5. (c) City shall deliver certified copies of the Ordinances of the City of Englewood approving this Agreement, the transactions contemplated hereunder and authorizing the execution and delivery of the docwaents to be delivered under this Section 7.4. (d) City shall deliver an opinion of its independent counsel that City is a Home Rule Municipal Corporation, duly organized, and validly existing, has the authority to enter into this Agreement and to consUIIJllate the transactions contemplated hereunder, that the persons executing on behalf of the City this Agreement and the docwaents to be delivered under this Section 7.4 have been duly authorized to do so, that City has obtained all of the consents required to execute this Agreement and consuaaate the transactions conteaplated hereunder, and that this Aqre .. ent and the documents delivered hereunder are legal, valid and binding obligations of City and enforceable according to their ter1111, 17 •. ., • • 0 , - • • 0 I• • ' ... except to the extent limited by bankruptcy or insolvency laws, or laws affecting creditor's rights generally. (e) Subject to the terms of this Agreement, City shall deliver, or use its best efforts to cause to be delivered, such other instruments and documents as may be reasonably required by Cindermak or the Title Company to consummate the transactions referenced in this Agreement. (f) City shall deliver the funds for City's contribution, if applicable, as provided in Section 9. (g) City shall execute and deliver the Assignment and Assumption of the Western Federal Lease, Wards Lease and the Renzios Lease, as well as any Service contracts it elects to assume. 1.s closing costs. be allocated as follows: Closing costs and adjustments shall (a) ~. City shall pay the cost of the Owner's Policy to be provided pursuant to the terms of this Agreement and all sale, use or excise taxes, if any, due upon the transfer of the Personal Property. City and Cindermak shall each pay such additional closing costs as are paid by such party according to the custom and practice for the purchase and sale of commercial property in Englewood, Colorado. City and Cindermak shall each pay one-half(\) of the cost of any escrow or closing fees charged by the Title Company. (b) Adju•tawnts. All items subject to proration under this Agreeaent shall be paid or shall be prorated as of the day of Closing. Any apportionaents which are not expressly provided for below shall be .. de in accordance with . custoaary practice in Englewood, Colorado for commercial properti-. All apportionaents shall be de-ad to be final, except as othervi- provided in Section 7 . 5 ( b) (ii) . To the extent costs are not reasonably ascertainable, such adjust.ants shall reasonably be estiaatad by Cindenaak and City in good faith. All apportionaents shall be paid in cash at the ti.ae of Closing by City or Cinderaak, as the case aay be. (i) Rantal•. Any rentals accrued and unpaid under leases of the Property in effect prior to the Closing, whether paid before or after Closing, shall be the property of Cindermak, free of claim by the City. All rentals received by the City after closing shall be paid first to Cinderaak for any rentals due but unpaid up to the Closing. City shall cooperate with Cindermak in the event Cindermak coaaences any suit for collection of delinquent rent due up to the Closing provided that, City does not incur any costs or liability as a result thereof. Cinderaak 18 ..... "' - • • • 0 -• • I • • shall be responsible for any obligation to tenants regarding return of security deposits, to the extent such deposits have been actually received by Cindermak and not previously applied or transferred to the City. ( ii) '.I.Un· All general real estate and personal property taxes for the Property (the "Taxes") for the calendar years prior to the calendar year in which the Closing occurs shall be paid by Cindermak. Cindermak shall pay in full any special assessaents (whether then due or payable) for all i.lllprove- aents installed or services rendered on or prior to the date of Closing. All Taxes for the calendar year in which the Closing occurs shall be prorated based on the actual Taxes, but if such actual Taxes have not been determined by the Closing Date, the Taxes shall be prorated based on an esti.lllated amount of the Taxes determined by the most recent levy and assessment information available. Upon final determination of the actual Taxes, the proration between Cindermak and City shall be finally adjusted based on the actual Taxes. Notwithstanding the foregoing, Cindermak hereby reserves the right to contest general real property taxes and special assessments for the period prior to the Closing Date, at Cindermak's sole cost and expense. City hereby consents to Cindermak contesting such taxes and will reasonably cooperate with Cindermak in any such contest, provided it incurs no cost, liability or expense. Any reduction of taxes or special assessments obtained by Cindermak in any such contest shall belong to and be payable to Cindermak and City hereby waives any claim thereto. (iii) oparating co1t1. All utility service charges for electricity, heat and air conditioning service, other utilities, elevator maintenance, co .. on area maintenance, taxes (other than real estate taxes and personal property taxes), other expanses incurred in op~rating the Property that Cinder1Mlk customarily pays, and any other costs incurred in the ordinary course of business or the manageaent and operation of the Property shall be prorated on an accrual basis. Cinderaak shall pay all such expenses that accrue prior to the Closing Date and City shall pay all such expenses accruing on the Closing and thereafter. Cindermak and City -shall obtain billings and aeter readings as of the Closing Date to aid in such prorations. (iv) contracts. All capital and other illlprov-ents (including labor and -terials) which are performed or contracted for by Cindermak prior to the Closing Date will be paid by Cindermak, without contribution or proration from City, and Cindermak hereby indemnifies and holds City and the Property harmless from any claiu respecting saae. Cindermak shall pay all amounts due under the Service Contracts prior to the Closing. 19 ,,, ~ • . • • 0 I I - - • • 0 , . • '· Cindermak under this Agreement (including, without limitation the Environmental Remediation) and Cindermak shall pay to City upon demand all costs and expenses thereof incurred by City; and (v) any and all other raJDedies available at law or in equity. Cindermak and City acknowledge that City's damages as a result of any delay in the Closing Date caused by Cindermak's default hereunder are difficult to ascertain, and agree that the aaount of the liquidated damages herein provided represents a reasonable estimate of City's daaages for such delay. In no event shall City have the right to recover consequential daaages. 811C'l'IOII I -COll'l'RIBU'nOIIB BY CDIDIIIIDK aJID 'l'D CI'l'Y Notwi thatanding anything to the contrary contained in this Agreement, the parties agree to allocate and pay for the following costs related to the transactions provided under this Agreement as follows: (a) Cindermak shall pay when due the cost of the Environmental Remediation (excluding the cost of any work relating to the Mercantile Property) and the cost of bringing all real property taxes encumbering the Proper~y current through the Closing Date. (b) The City shall pay when due any amounts for the following: ( i) Any aaount due to Wards under the Wards Lease on or after closing or for early termination thereof. (ii) Any aaount due to Renz ios under the Renzios Lease on or after closing or for early teraination thereof. (iii) Premium for the owner's Policy to be issued to the City. (iv) Any penalty or early teraination fee incurred to terminate any Service Contract. (v) Any paY119nt of any cost of environaental raediation of the Mercantile Property, to the extent such cost is not paid by Mercantile Stores. (c) The City intends to apply to the applicable agencies for funds to apply to the cost of studies or work necessary to analyze and r .. ediate existing environaental conditions existing on the Property and other property which the City is considering acquiring. To the extent the City receives any such funds with respect to the Property relating to this Agreeaent, the City shall pay such funda to Cindermak to reiJlburse Cinder.alt a portion of the cost of the Environaental Raediation or studi .. 21 • • 0 I ]- • 0 I• • obtained in connection therewith, and such amount shall reduce the cost expended by Cindermak for purposes of calculating Cindermak's contribution or the City's obligation under subparagraph (d) above. SBC'l'IOB 10 -SURVIVAL OP RDRBSD'l'A!'IOIIII allD IIUllall'l'IBS No representations or warranties whatever are made by any party to this Agreement except as specifically sat forth in this Agreement or in an instrument deli verad pursuant to this Agre-ent. The representations, warranties and indemnities made by the parties to this Agreement and the covenants and agreements to be performed or complied with by the respective parties under this Agreement, unless otherwise expressly provided in this Agreement, shall survive the Closing for a period of (i) one year following the date the City or its successors or assigns commences deaolition of the Improvements or (ii) three years from the date of the Closing, whichever occurs first. Nothing in this Agreement shall limit the obligations, indemnities, covenants and agreements of the parties contained in this Agreement that are permitted or required to be performed in whole or in part after the Closing Date . SBC'l'IOB 11 -11ISCBLLaJIBOU8 11. l Effect of Headings. The subject headings of paragraphs and subparagraphs of this Agreement are included for purposes of convenience only , and shall not affect the construction or interpretation of any of its provisions. 11.2 Entire Aqr•u•nt/surviyal of Aqregent. This Agreement constitutes the entire agre ... nt between the parties hereto and supersedes all prior and contaaporanaoua agre-ents, representations and understandings of the parties regarding the subject matter of this Agre-ant. No suppleaant, aodification or aaandaent of this Agre ... nt shall be binding unlass executed in writing by the parties hereto. 11. 3 Binding Effect. This Agr ... ent shall be binding on and shall inure to the benefit of the parties to it and their respective successors and permitted assigns. 11.4 Afsiqnaant and Binding Effect. This Agra ... nt aay not be assigned without th• prior written consent of the other party; provided, however, upon written notice froa City to Cindarmak and parforaanca of all obligations required to be performed hereunder by the City, Cindaraak shall transfer, assign and convey the Property at the Closing to an entity designated by City, provided the transfer to such designated entity does not cause any adverse tax consequences to Cindaraak which would not otherwise occur i! the property was transferred to the City. In the avant of a transfer to an entity designated by the City, the City shall r ... in obligated for the performance of all tar.a and 22 ..... "' - • • 0 , - • • • ·, • (. conditions required to be performed by the City and which survive the Cloaing as provided under the terms of this Agreeaant. 11. 5 Notices. All notices and other coaaunications under this Agr.-.nt shall be in writing and ahall be daeaed to have bean duly given (a) on the date of service, if aarvad personally on the party to whoa notice is given, or (b) on the data of dapoait in the aail, if aailed and telecopied (without confirmation required) to the party to whoa notice is to be given, by first cl-• aail, regiatered or certified, postage prepaid and properly addr .. sad, and talecopied by facsimile trantlllliaaion, aa follows: To City at: City Manager City of Englewood 3400 South Elati Street Englewood, co 80110-2304 Facsimile No.: (303) 762-2408 with copies to: Danial L. Brotzman, Esq. City Attorney City of Englewood 3400 south Elati str .. t Englewood, CO 80110-2304 Facsimile No.: (303) 789-1125 To Cindaraak at: 11. Gregory lloOre, Senior Vice President Equitable Raal Eat.ate Invest:aent Ilana~, Inc. 5775 Peachtree Dunwoody ltoad, #200-D Atlanta, GA 30342 Facaisile No.: (404) 705-5840 with a copy to: Gregory F. Palcania, s.q . Wood, Ria i ..._, P.C. 1775 Sbarll&ll Straet, #1600 Denver, co 10203 Facaisila No.: (303) 130-1772 and to: 23 ------. ' . ' ' .. • • 0 l --• J - • . ' Robert T. Girling Kravec Company 234 Mall Boulevard P.O. Box 1528 • • I• • King of Prussia, PA 19406-0928 Facsimile No.: (610) 768-6444 and to: Harold Jacobs, Esq. Wolf Block Shorr and Solis-Cohen 12th Floor Packard Building S.E. Corner 15th and Chestnut Streets Philadelphia, PA 19102-2678 Facsimile No.: (215) 977-2334 ll. 6 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Colorado. ll.7 Broker's Fees. Each of the parties represents and warrants that it has not eaployed, retained or otherwise utilized any broker or finder in connection with any of the transactions contemplated by this Agreeaent and no broker or person is entitled to any commission or finder's fees in connection with any of these transactions. The parties each agree to pay any claim, together with reasonable attorneys' fees and litigation costs, resulting in a judgment due to any broker or finder alleged to be retained by such party. 11.s B,covery of Litigation coat•. If any legal action is brought for the enforc ... nt of this Agr....nt, or because of an alleged dispute, breach, default, or aisrepresentation in connection with any of the provisions of this Aqreeaent, the successful or prevailing party shall be entitled to recover reasonable attorneys' f ... and other co•ts incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. ll.9 ~-If any date, deadline or the expiration of any other ti-period under this Agr....nt shall fall on a Saturday, Sunday or legal holiday, such tiae period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. u.10 Effective Date. The •Effective Date• of this Aqre-ent shall be tbe later date of execution by Cinder11Ak and City as indicated in the signature block below. "' - • • • 24 0 , ]- • • , .. . -• ' 11. 11 Knowlac:lqa. Any reference in this agr..aent to the knowledge of a party shall aean to the current best knowledge, without making any inquiry, of the following individuals: (i) With respect to Cinderaalt; M. Gregory Moore, Investment Officer of The Equitable Life Assurance Society of the United States and Ronald Gem, Vice Pr-ident, KRAVCO, Inc. (ii) With rupect to the City; All elected -.bu's of the City's City Council at th• tiae of the Effective Date. 11. 12 Matvial. Any reference in this Agr..aent to "aaterial" or "aateriality" shall a.an any -tter involving an aaount, cost or loss of $50,000.00 or aore. C:Iff: CITY OF ENGLEWOOD, COLORADO, a Home Rule Municipal Corporation By:_---==--=-~~=-~~~~~~~-Thoaas J. Burns, Mayor Date of Execution: --------' 1997 CDIDa&K: CDIDERIIAK ASSOCIATES, a joint venture By: The Equitable Life Assurance society of the United Stat-, a co-venturer By: N ... -=----------------- Title: Date o~f-=Ex,.....e_cu_,,t~l-o-n-:::::::::::::::.-,....,1~,~,~,~ By: DENIIAIC ASSOCIATES, a co-Venturer By: KRAVCO, Inc., a Partner corporation, General By: N ... --=----------------- Title: Dateo~f ....... lucu--t~lpon-:::::::::::::::::-,--1,,1 25 Ii - . ' • < .. • • 0 I - - • • . .. • 1. Exhibit 1.1-A Legal Deacription of Land 2. Exhibit 1.1-B Leqal Deacription of Excluded Land 3. 4. 5 • Exhibit 4.3(a) Speciticationa Exhibit 4.3(b) Contract tor Aabeatoa Jtaaediation •. .... .. • • ]- • • ·, • ... IIDDIT 1.1-& ...,.i Deaariptio11 o Land -------~ ---~-----~ . . .. • I • . " .. • • 0 , --_ I • . , ]-• . • • •, - " .. • • 0 -• • • '<' ... DIIDrl' 3.Z (i) Cinderella City, Cinderella City Shappinq Canter, .Cinderalley, Cinderella City ShoppincJ Nall, and all related naaaa. •, ' .. • • ~ 0 , --~ -• ]- • ORDINANCE NO . t4 SERIES OF 1997 • • ·~ - .. BY AUTHORITY I• COUNCIL BILL NO . 75 INTRODUCED BY COUNCIL MEMBER VORMITrAG AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE BENEFICIAL USE FARM • PROGRESSIVE FARMS LEASE FOR A PORTION OF THE FARM (LINNEBUR FARM) TO BE PLACED IN THE U.S . DEPARTMENT OF AGRICULTURE CONSERVATION RESERVE PROGRAM . WHEREAS, the City of Englewood City Council authorized the purchue of a farmaite for beneficial use of the Littleton/Englewood Wastewater Treatment Plant Bioaolids Management Program with the passage of Ordinance No . 2, Series of 1995/1996; and WHEREAS, the Englewood City Council authorized an Oil and Gas Lease with the passage of Ordinance No . 19, Series of 1997; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant would like to place a small portion (approximately 5%) of the farm into the U .S . Department of Agriculture Conservation Reserve Program; and WHEREAS , the U.S. Department of Agriculture will pay an annual rental fee per acre for these highly erodible land areas to be seeded and returned to grauland for a ten year conservation period; and WHEREAS, the rental fees received will be slightly higher than the typical proceeds from the Littleton/Englewood Wastewater Treatment Plant share of crope if the land areas were farmed; and WHEREAS , the biosolids may still be applied to the grau areu; however the Littleton/Englewood Wastewater Treatment Plant must pay for the planting of grass and maintenance of the area; and WHEREAS , the U.S .D.A. rental payments will be made directly to the farmer and not the owner; and WHEREAS, the farmer shall pay annual rent to the Littleton/Enclewood Wastewater Treatment Plant in an amount equal to the U .S . Department of Agricultural payment; and WHEREAS , the Littleton/Englewood Wastewater Treatment Plant plam to uae the tenant farmer (ProgreS1ive Farms) to establish the graS1 and maintain the areu in accordance with C .R.P . regulations; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: I' - • 10 b ii ... • • 0 , - - • • · .. • <. 5e,;tigp 1. Tbe Li~ Wutewat.er Treatment Plant -Progreuive Farm11 1-~t Ammd-t ~ Propeeaive Farma and the City of Enpwood. Colondo, auacbed ber'lltD • "Bmibit A,• ia hereby ac:cepted and approved by the .,.__. City c-cu. Sedim 2. The lla,ar ia aadlariwl to .-t.e and the City Clerk to attest and -1 the Jnterpemmelltal Ap"e-mt for and OD behalf of the City of Englewood, Colorado. Introduced, read in full, and palNII an ftnt readinr an the 18th day of Aquat, 1997. Publiabed u a Bill for an Ordinance an the 21st day of Auguat, 1997. Read by title and pueed Gil fiDal readinf OD the 2nd day of September, 1997. Publiabed by title u Ordinance No . _, Series of 1997, on the 4th day of Seplllmber, 1997. 'lbomu J . Burm, Mayor ATTEST : Loucriehia A. Ellis, City Clerk I, Loucriehia A. Ellis, CitT Clerk al the City al Bqlewood, Colorado, hereby certify that the above and fbntoiDI ia a tr. copy al the OrdiDaDce ,.._. an lnal readinl and publiabecl by title u OrdinaDce No . _, Seriea al 1997. -2- • . .. • • 0 • • • LITTLETON /ENGLEWOOD -PROGRESSIVE FARMS LEASE AGREEMENT AMENDMENT Pertaining to the farm lease agreement signed March 13, 1996 between the Cities of Littleton /Englewood, Landlord, and Progressive Farms, Tenant, concerning only that portion of land enrolled in the 1997 CRP Program as described in the CRP contract, worksheet, and aerial photo for tract numbers 1982, 1984, and 5443 attached hereto and incorporated herein. said Landlord and said Tenant agree to the following terms: 1). Tenant shall receive 100% of the CRP payments pertaining to the above described CRP Contracts. 2). Tenant shall pay annual rent to Landlord in an amount equal to said CRP payments payable within 10 days after Tenant's receipt of said CRP payments. 3) Landlord shall bear all expenses of establishing and maintaining the CRP land. 4). Tenant will work with Landlord to establish and maintain CRP land according to CRP rules and regulations. 5). Landlord shall pay Tenant, at custom rates common for the area,· to establish and maintain CRP land according to CRP Contract rules and regulations. Tenant will submit a plan of action and labor and material cost estimates to Landlord, requiring their approval, prior to beginning work. 6). Landlord shall have the option of hiring other contractors to complete any work it deems necessary to maintain the CRP Contracts. 7). Landlord shall reimburse Tenant for any and all penalties imposed on Tenant for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to decisions or actions o! the Landlord. 8 ). Tenant shall reimburse Landlord for any and all penalties imposed on Landlord for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to actions of the Tenant taken in defiance o f the Landlord's wishes and requests. 9 ). The remainder of said lease signed 3/13/96 between Landlord and Tenant, concerning that portion of the land not included in the CRP contract described above, shall remain in full force and effect. 10 ). This CRP agreement shall survive the expiration of said lease signed J /13/96 and shall be binding for the full 10 year term of the CRP con~racts, described above, unless modified or terminated at an earlier data by mutual agreement of Landlord and Tenant. C~~~es ot Littleton-Englewood /Date Progressive Farma /Date I! X H ' • I T A • • 0 r ').') I • I' - 0 t • • ' '· Form Approved • 0MB No 0560-0125 CRP-1 U.S. DEPARTMENT OF AGRICULTURE (01-30-97) Commodity Credtt Corporation CONSERVATION RESERVE PROGRAM CONTRACT 7. COUNTY OFFICE ADDRESS AND PHONE NO. (ante coda) ADAMS CJUNTY FARM SERVICE AGENCY --'. -.. 'JI \·1 rlROMLE'( LN BRIGHTON, CQ 80601 303-659-0525 1 ST. & CO. CODE & C/0 08-001-1 ~-CONTRACT NUMBER .5. FARM NUMBER 24{i5 8. OFFER /Salac:t one) !STANDARD 'ENVIRONMENTAL PRIORITY 12 . SIGN-UP NUMBER 15 4 . ACRES FOR ENROLLMEN1 181!.9 $. TRACT NUMBER(S) 191; 19 . CONTRACT PERIOD filFROM /MID/YJ jTO (Am'Y) rl l0/1/97 19130/07 THISCONTRACTil-11*•-lfle~Cld~/-IOU "CCCj-lfle..--.,., _ __.. ·---be-ION 'Olonor". "Opo,alor'°. _-r_.. ,_...,., .. ,,,.,.,,, ___ Tlle_.....,_"' _______ •u -~· TIMI ,.__ ... _,,,. _____ ,,,.~-~/"ClfP"JIOrlfle __ ,.,.., ___ ... eo.-11-llylfle =ar--•ll)'CCC. Tlle,..,.,_,, __ ,,,_....,.,,..,.,.,,,....-..._,,,.~-...._..,.,_ _____ llylfleCCC -Ille~~-,,,.,..,.,,,_,,_CCC_ftl""""""_lfle ____ .,,,.c..nc,-,..,.~IOMeo.-.- ,._,,,CRP.1. C--~eo.-/-•u•.._..,. ly--.flle~-• C -•-otlfle.._..,_,,,. ..,.,.._..,..,,,_h .. -~ ... --. Suc/l--..-•,-ysue11.-"-.. .,, ___ .. ,,,..._.,,,,,.,..,_,, -.pno,:toCCC__,..ar..;«:tlon. Tlle ____ ot ____ ,,, __ c,p.,-1n111ec,p.,..__ _ _,_ -. 5" -THIS CONJ'IUCT /IIIOOUCMS ACKM:MI..BJl2 RB:Bt'TO,: ». l'OI.L~ ,._, CIP-f; a..,..__ ____ ; CRl'-Z; _/1_.,.,_, ~II-CIP-1 ~ 10. OFFER FOR P£RlaSSION TO ALLEY CROP In order to participate in CRP under CP19, Alley Cropping, //we submit an offer of S _____ per acre fflductlon, from ltle amount specified in item : 1 A. in the annual fflntal payments for pemriuion to produce egricultural commodities on eligible acre., in acccn:1ance with the provisions for alley cropping set out in ltle epplicable regulations. //we understand that for each year of the CRP. contlllct the annual fflntal payment will be reduced by the amount agrNd to abow,, which reduction must be a fflduction of at least 5D pera,nt in the annual fflntal payment. 11A . Rental Rate Per AC'9 s 24.96 8 . Annual Contract Payment s 4615.00 C. First Year Payment S (Item 11 C applicable only to continuous signup when the first year payment is prorated.) j12. ldentfflcatlon of CRP Land C. Practice 1982 I C?Z CP2 13. QWNE8!5, O~IUTORS. AND JC-MNJ'S A. OPERATOR NAME ANO ADDRESS ?~OGRESSiVE FAR i1 S 20 BCX 36~ am~s. co 80103 B. OWNER NAME ANO ADDRESS ~ I TY OF C,'IGL!;~OOu 31lGu s ELATI Sr E:-iGLE 'tlOOD, CO 80il0 C. NAME ANO ADDRESS CITY OF LITTlETON 2~~~3 ~ 5~~~v ~v~ !_ITTLETi::,, CC 30155 14. CCC USE ONLY· ;>aymenrs «:=ing to the shllf'!s are e,JIJlfJWd. I SOCIAL SECURllY NUleER ! ~Ll-i1 --8273 I 1 s1GNAT\JRE 1100 %j 1SOCIAL SECURITY NUMBER I 3li-oQOlJ583 0 NOTI : n.. ,_.,__, .,, • ......, 1.1 INN.~_. fftllf ,,.,_.,Act., r•74 ,. 10. Aan ! E. TolalCIS 179. 0 9845 5.9 I 325 JOATE illi'TE DATE ,.,,._,.~,. ,,..,_.s«U'llft'AC1e1 ,,.., --. L. ... , ... • ... • ,aw,,.., •••o.,. .. ......,...._c...,auac,,a... n._..,,..,...,.....,...,.......a,ylerCCCre~----.-. ......... c...........-.....~c-t. ,._ • .......,......,. .... ,. .,.,.... ,,_ con«r ~ ,o,,.. C'MfraCT. ,.,,......, ,,.. ,........,.,_..,. •....,.,. ....._,.,.,,_..,,..,_........_._.,..,.ill ......... .,~ ,., c.n ... ,,,..,.,.,..,..,., • .,........,,.,.,..,, ...... __....~uso....-.. ,... ..................................... c..-., .......... s... I .,,.,...,.uw~ ............. ,......,. • ...., ........ .,......,... ..... ,...,.._....,~_..,,,.,,._~.......,,•usczaz•1. ,,,. ,.,, ,oo,.-,1 vsc,,.,..,..,.,,,vsc,,z,,..., ........... ..,.,...... ..... . ~A ...... ,...,-,C9lll!IWI.,-. _, • ..,...._,,....,.,.,..._,., ...... .,.__ .... ll ....... •......_.-,,QIII_.,_, _...... __ ,., _____ ., ___ 4 ___ ...,. ___ ......... _____ _ =~==-~~~~c:..=:"':=.::,:::-.,;:;:--=.:r:c.ce:r .. ,,,,,_ -~-"' _ _,,. __ ""8_.,,,or....,.......,,,._..,, •--=-,--,....•-.-........ -......... -.--or ....... OWNU"S con • . • • 0 I I • " --• . • t• -' .. J ~ .. : (,";, •., .. f. 'I 5(f7. 'i .. , ;. . ~ -~~--~:, .. :.. _: .. :._ il,Q., / • -· -.,-,""'< .:.. . -·~ti:z-et-.. -:a,. ~ .: ·--~:. -.. ·.~=- • • 0 • • • '· Form Approved. 0MB No . 0560-0125 CRP-1 U.S . DEPARTMENT OF AGRICULTURE 1. ST. & CO . CODE & CID 12. SIGN-UP NUMBER (01-30-97) Commodity C<ecll COfl)Of8tion 08-001-1 I 15 CONSERVATION RESERVE PROGRAM CONTRACT ~-CONTRACT NUMBER 14 . ACRES FOR ENROLLMEN1 24.1 7 COUNTY OFFICE ADDRESS ANO PHONE NO . (atN coaeJ :5. FARM NUMBER •. TRACT NUIIIBER(S) 2405 1984 !8. OFFER one 19. CONTRACT PeRIOO rs.er ISTAICWID ~FROM (Affi/Y) ITO (AKWJ 303-65 9-0525 jENIIIIIOlaEfTAL PR101UTY 0 T><ISCONTl'tACTis ___ llle~0..~1-••"CCC'l-N ____ __..,,,_, ____ llllaa -0--. -00---. -7_.. ,---.i ..,.,.,.,,,......,_ Tlleui--.,.,_or _ _, _ _,.,,,,._., .. ,,.,..,__ • TIie --IDpjKaN..,._..._ ....... ~,.._..l'nlpM,rc-lairllle ___ ,.,., ____ c-actla-l/lylle CCC•--•11yCCC. n.~--.,.......,..,_...,_..,_.,.~-....,.,....,,..,.. ___ ,,.,,,.,,ccc _.,."--~ . .,,.~-ccc-•_._.,. ____ .,Mea..-,,111e,._..,.~- ~ roCRP-1. C-_,.,._Connctl-•• .,._., . .,,..,.._, llel'Wll$IIII-111111 -·-"'""'~lorllle ______ ,,,_ ____ Suc:il---·----.-...il .. ---..... .-_...., ... ,..,....,,. -:ror111cc=_...or,.,..... Tlle---"'----·•,,_c:,p.,_1111NC..f..__ __ _ -IY .,_ THIS COIITRACTPROCIUCSRS ~RB:l!Il'TOI' THal'OI.L~ /IIMMS: c,tfl.f; C1ffl.f -----any--; CIP-2;_/I ____ ClfP.fS-CIP-f CGJ. All o. 10. OFl'IR FOR Pll!RIIISSION TO ALLEY CIICP In Older to ,,.nicipate in CRP under CP1 !I, Allay Clopping, I/we submit an olfer ol S per acn, reduction, from the -----amount specdled in item 11 A, in the annual rental ,,.ymanta for permission to produca ag,icultural c:ammodltle& on eligible acn,a in accomanca with the provision& for alley cropping Mt out in the applicable regulation&. ,..._ understand that for each year of the CRP. contracr the anr.ual l'IJfltal payment will be reduced by the amount agtffd to abol/9, which t9dudiotl mu&t be a f9duction of at /east 50 pan:enr in Illa annual l9flhll payment. 1 1 A. Rental Rate Par Acre s 18.30 112. Identification of CRP Land 8 . Annual Contract Payment s 441,03 C. Practice C . First Year Payment $ (Item 11 C applicable only to canttJuou& signup when the If~ year payment i& prorated.) I I I I I I I 13 OWNERS OPERATORS AND TENANT$ A. OPERATORNAMEANOAOORESS Progressive far.DS P.O. :aox 369 Byers, CO 80103 B. OWNER NAME ANO AOORESS Cit; of Englewood 3400 S, El&ti St. Englewood, CO 80110 C. NAMEANOAOORESS City of Littleton 22433 w. 3erry Ave. !.ittleton, CO 80165 ,SOCIAL SECU j 84-6000583 iSIGNATURE o ""I I !SOCIAL SECURITY NlWR 14. CCC USE ONLY • PaymentS aa:a,ang ro m. ..llat9s .,. a,,,,rowd. !SIGNATURE OF CCC REPRESENTATIVE ,DATE !DATE 10A1c ::.=·:=:':!":~.-:-.::::t.::,-:,;,.•::.:.::.-::=..."-:=:,,...--::-:=:.Jw--:r.,::::-....:=~~';o,,. r,-..,.,.,.....,...,....., • ......,.,.,ax,......, ... _ .. .,,.,,._._.c..............,..,_.._c-. •-•.....-......., .... ,. ~ NW COl'Wt.,.,,..,. ... C91NW1. ,......, ,,_,......,..........,. • .......... ~ M ,..._.,_,_...._ .. ,..,.,. ___ .,........,., nw ~ ....... ...-. _.....,.......,......_ ............ USAA ....-W, ,,_..,._.......,.,,.,,,.,, ............ -0...,....,.,........, .,_. SINe ... ,.,,.,.t..w~........_ ..... ,_ •• __.,........ ........... ......_ ,.. ...... .,.....,_..,.._,......, ...... ,,uac ... J11. ,1,. ,., ,oo,: ,1vsc ,,...., . .,,,.,,1AC,m.,..., .. .....,.,.,.......,..._.,..,..,._ ,.,,..,A,..._.,..,.,., .... .,....., ................... ,__ ........... ., ........ -............... Qlll9....,......,, ""911 __ ,.,...,_., _____ . _______________ _ #Wlft#tf__,,,.. ............ __.... ... ,....... .. ...,..., ........... .s-c.--.=-=,-..-.--~---.... --....... ., ~-;.,;~;,a--;-==,,,-:==---a.--. ---·------o.c. -·-- n.-or-WIIIO.-.,• -,--..... •--....... -..... -.--or-..,. OWNlll'S CO" • . • • 0 ' • '• ... • · .. • <, • • 0 I '.l? v. I J- • • • 0 • CJ:t~ U.S. OEPARTM[NT OF AGRICULTURE (01-30-9i) Co~ Cred~ Corporation CONSERVATION RESERVE PROGRAM CONTRACT 7. COUNTY OFFICE ADDRESS "NO PHONE NO . <-code) ;\O~MS C:J!.HlTY rARM SERVICE: AGENCY 57 i-i ;lROM LEY '...~ a11 r uHTCN, co 80601 303-659-0525 ,, - Form APP"'vecl • 0MB No . 0560--0125 1. ST. & co . CODE & CID 12. SIGN-UP NUMBER 1s. FARM NUMBER I 24lJ5 8 . OFFER (Smet Oflfl) IISTAN~RD ENIIIRONMENTAL PRIORITY ! 15 . ACRES FOR ENROLLMEN r9. CONTRACT PERICO ~FROM (MiDIY} ITO /MID/Y) THISCONTRACT ,•----~C..-~(-IOU "CCCi_,,,...--.,.,, ____ ar-r--oe-111 .. "Owno,", ~--"T...--. ,_.,..,.,on _,..,.,,.--· n.. ulldllSigned-or----..,.be-111 u 'Ille PIWlliciiplnt • TIie ,._,_ IOplM»lfle...,._ __ ,,. ~-Pro9fM' ("CRPj lbrtl>e __ a,nna,,.,__ .,._,,.~iJn-O,,IIN> CCCorOIIW-s«O,,CCC. 711e,,___ __ .,......,on....,,ou,gn--..,_,,,.eo,, __ ..........,lbr _____ ,,,,,,.ccc _.,,.Patril:ipant. _,...,,,,,.,..,.,.,.,,_ccc_111comp1y-111e,..,,,._c:a,-.s_.,.,..~-.111e~ro1111ac-.-,._...ro CRP-1, ~ -Pn,g,wn Connet (-111 .. ·A-j. Sr--. lfte ""'**'"' -.. ~·· -· ._.,,,,.,._. lbr,,,. .,,,,...__p _____ .. ....,,,,.,,..,,. Sucft---lO(Jay....,,~d-11111---;,. ... ,._.,,,,.~ -priorlllCCC _or,.,.,,,. Tlle---at!llla.--.-1n IIIIIFonn CRP-f-111 llleCRP-f ------- ·-SYSIGNING THIS Cc»mlACTPIIOOUCMSA~RECE/PTOFTHEFOU.OWWGFORJ/1$: CRP-f;c,p..f ~-----; CRl'-1; -It~ CRP.11-CRl'-f C--. - 10. OFFER FOR PERMISSION TO ALLEY CROP In order to participate in CRP under CP1 SI. Alley Cropping, llwe submit an o6rH' of S _____ i»r acn, 19duction. from the amount specified in item 11 A , in the annual rental payments for pannission to produce agricultural commodities on aligibla IICl9s in accordance with the provisions for allay cropping set out in Iha applicable /9glllations . llwfl und/Hstand that for each year of the CRP contract the annual rental payment will be reduced by the amount agtNd to above. which reduction must ba a lllduction of at least 50 percent in the annual rantal payment. 11 A. Rental Rate Per Acre $ 68.2 B. Annual Contract Payment $ 1514.04 c . First Yur Payment $ (I~ 11c applicable only to continuous signup when the first year payment is prorated.) A. OPERA TOR NAME ANO AOORESS P~CGR!SSIVE FA ~MS PG 30X ;S9 3Y!::RS, C: 8010 3 8 . OWNER NAME AND ADDRESS Cr TY :,;: ::1GL~·"0oil 3400 S CLATI STR tNGL~WOCD, C~ 80110 C. NAME AND AOORESS CITY OF UTTL:CTON 22455 ~ aE~RY ~Vf L.rr:ur:,i , ca 30i65 112. ldentillc:ation of CRP Land C. PfKlice I . I 0 % u !SOCIAL SECURm' 131;-i0(,)5.; 3 SIGNAT\JRE :soclAL SECURm' NUMBER ISIGNA Tl.JRE 1,. CCC USE ONLY • Peymenrs accon1inq !O tf1e s/1819$ .,. IJIJIJlf)tled. I SIGNATURE OF CCC REPRESENTATIVE !DATE E 0 I I ·& ...... ID. Acra I E. Total C/S I I !DATE .. .. • • • 0 ' ') I ,. 0 - . ::> T5'i'f3 -·· -.... G • ,, - • . • • ·.:-:.:.--... ""'" ·-(-dffe . ,.l.i,/_.,,: . ,....,, .. . -···. . ... .. 0 ... • • • • • -0 ..... , - - ORDINANCE NO . {4_ SERIES OF 1997 • • · .. • '· BY AUTHORITY «• COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER VORMITI'AG AN ORDINANCE AMENDING TITLE 12, CHAPI'ER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDfflON OF A NEW SECTION 9, ENTITLED PROHIBITED DISCHARGES. WHEREAS, the Englewood City Council adopted Ordinance No . 20, Series of 1993, which created the Storm Water Utility And Enterprise Fund; and WHEREAS, there is no language in the Englewood Municipal Code that prohibits the dumping of hazardous, harmful substances to the City's storm water system; and WHEREAS, by the adoption of this Ordinance the Englewood Municipal Code will prohibit the dumping of harmful aubetances into the City's storm water system; and WHEREAS, after review of this amendment at the July 8, 1997 meeting of the Englewood Water and Sewer Board, the Board recommends the adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter 5, of the Englewood Municipal Code 1985, by the addition of a new Section 9, entitled Prohibited Dischargee, which lball read u follows: 12-6: STORM WATER UTILl'1'Y AND ENTBBPBJ8E FUND 12-5-9: PllOIIIBll'BD Dl8CIIARGB8: A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISCHARGE OR CAUSE TO BE DISCHARGED TO THE STORM DRAINAGE SYSTEM ANY POLLUTING MATERIAL OR ANY OTHER MATERIAL WHICH IS NOT COMPOSED ENTIRELY OF STORM WATER. B. IT SHALL BE COMPLETE DEFENSE TO THE APPLICATION OF THIS SECTION THAT SUCH DISCHARGE WAS MADE PURSUANT TO AN "NPDES" STORM WATER DISCHARGE PERMIT OR RESULTED FROM FIREFIGHTING ACTIVITIES. C. EXCEPI' AS SUCH MAY BE IDENTIFIED BY THE CITY AS SOURCES OF POLLUTING MATERIALS, THIS SECTION SHALL NOT APPLY TO THE FOLLOWING CATEGORIES OF NON-STORM WATER DISCHARGES : 1. WATER LINE AND FIRE HYDRANT FLUSHING; 2. LANDSCAPE IRRIGATION; -1- . . "'~ • 10 b iii .. • • 0 • - • • D . • 0 • 3 . DIVERTED STREAM FLOWS; 4. RISING GROUND WATERS; 5 . UNCONTAMINATED GROUND WATER INFILTRATION INTO THE STORM DRAINAGE SYSTEM; 6 . UNCONTAMINATED PUMPED GROUND WATER; 7 . DISCHARGES FROM POTABLE WATER SOURCES; 8 . FOUNDATION DRAINS; 9 . AIR CONDITIONING CONDENSATION; 10. IRRIGATION WATER; 11 . SPRINGS; 12. WATER FROM CRAWL SPACE PUMPS; 13 . FOOTING DRAINS; 14. LAWN WATERING ; 15. INDMDUAL RESIDENTIAL CAR WASHING; 16. FLOWS FROM RIPARIAN HABITATS AND WETLANDS; 17 . DECHLORINATED SWIMMING POOL DISCHARGES; AND 18. STREET WASHWATER. ANY PERSON WHO VIOLATES ANY PROVISION OF TIUS SECTION SHALL BE SUBJECT TO A CML PENALTY OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999.001 PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES, OR, UPON CONVICTION, A CRIMINAL PENALTY PUNISHABLE BY A FINE OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999 .00) PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES OR BY IMPRISONMENT FOR NOT MORE THAN THREE (3 ) MONTHS OR BY BOTH. Sec;tion 2. Stfm CJau•ea The City Council, hereby finda , determines, and declares that this Ordinance ia promul1atecl under the pneral police power of the City of Englewood , that it ia promulptecl for the health, aafety, and welfare of the public , and that this Ordinance ia n_..-y for the preNff&tion of Maltb and nfety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper le,iala tive object aousht to be obtained . -2 - .. • • 0 l -• • • • .. Sect;ign 3 Seywhility If any claun, sentence, paragraph, or part of this Ordinance or the application thereof 1D any penon or cin:umatancea aball for any reuon be adjudged by a court of c:ompet.ent jurisdiction invalid, auch judgment aball not affect impair or invalidate the remainder of this Ordinance or ita application to other penona or c:irc:umatancea. Sect;igp 4 Jomotiet,eot Qrdinapc;e, All other ordinanc:ea or portion.a thereof inc:ouiatent or conflicting with tbia Ordinance or any portion hereof are hereby repealed to the utent of auch inconaiatency or conflict. stc:ticm 5 Effec:t pf r,pal qr mgdific;atiop The n,peal or modification of any proviaioo of the Code of the City of Enpewood by tbia Ordinance ahall DOt releue, emn,uiab. alter, modify, or cbanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which abaU have hem inc:urred under auch provision. and each pnmaion aball be treated and held u ltill remainiq in force for the purpoaea al nataiDin, any and all proper actiona, auita, pmc:e.t;np, and prow:utiau for the enilrament oftbe penalty, forfeiture, or liability, u well u for the purpme of auataininc any judgmmt, decree, or order wbicb can or may be rendered, entered, or made in auch actiom, 1Wta, pni ceedinp, or praaecutiom. Introduced, read in full, and pwed on 8nt readia, on the 18th day al Aapat. 1997. Publiabed u e Bill for an Ordinance oa the 21.at day al Aapat. 1997. Bead by title and pwed on lnal rwlins on the 2nd day als,,pt,abar, Ul87. Publiablld by title u o..aa-No._. S... al 1997, cm the '11l day al Sepewnbar, Ul87. ATTEST: Loucriabia A. Ellis, City Clerk I, Loucriabia A. Bllia, City Clan of the City al ........ Colcndo, mnl,y certify that the abaft and ......... ill a..,_ CIIPJ' al the Or II SC I ...... OD tlDal nadinc and publiebed by title u Ordimmc,e No . _. S... of 1117. Laui:rf tie A. BIia -3- ~- • . " • • • 0 ; I - - • ORDINANCE NO . "1E_ SERIES OF 1997 • • • BY AUTHORITY COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER WAGGONER 10 b iv AN ORDINANCE AMENDING TITLE 1, CHAPI'ERS 4 AND 7 OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND BY ADDING A NEW CHAPI'ER lB TO TITLE 11, REMOVING CRIMINAL PENALTIES FOR SOME TRAFFIC VIOLATIONS. WHEREAS, a criminal violation with potential jail time ill not appropriate for most minor traffic offenses; and WHEREAS, truly serious charges such as reckleBB driving and driving without insurance would remain criminal offenses; and WHEREAS, the procedural requirements for criminal violations of minor traffic offenses creates a burden on the court; and WHEREAS, a procedure for paying in the penalty without a mandatory court appearance for most minor traffic offenses would streamline the municipal court procedures; and WHEREAS, payment of traffic infractions would be 888ured by the civil remedy of placing a hold on the renewal of a driver's license; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amenda Title l, Chapter 4 , Section 1, by the addition of a new SubNc:tioa D, which lball rNd u follOW8: 1-4-1 : GENERAL PENALTY: D. EVERY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION STATED OR ADOPTED WHICH IS DESIGNATED AS A 'TRAFFIC INFRACTION" AND FOR WHICH A PENALTY IS PAID OR PAYABLE AT THE 'TRAFFIC VIOLATIONS BUREAU" SHALL BE PUNISHED BY A PENALTY NOT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). THERE SHALL BE NO IMPRISONMENT FOR TRAFFIC INFRACTIONS . Section 2. The City Council of the City of Englewood, Colorado hereby amends Title l , Chapter 7, of the Englewood Municipal Code 1985, which shall read as follows : 1-7-1: COURT CREATED: A Municipal Court in and for the City ill hereby created and established . 1-7-2: JURISDICftON, POWER: A. The Municipal Court shall have oripnal jurildiction of all c-arising under the Code of Ordinances of the City with full power to carry the Ame into effect and to puniah violatiom thereof by the impoeition of such fines and penalties u in such Code provided; it lball have ' ' • l • 0 • • • all powers incident to a court of record in relation to the attendance of witneues, the punishment of contempt, iuuance of warrants and enforcing of orders of the Court. B. Definition. Misbehavior of any person in the presence of the Court, or misbehavior ao near there to u to oblltruct the administration of justice, misbehavior of any officer of the Court in his official tranaactiona and cliaobedience or reaiatance of any person or int.erference with any lawful proceu, order, rule, or command of the Englewood Municipal Court or any act or omiuion dNip•t.ed u cant.empt by this Code or the Colorado Municipal Court Rules of Procedure aball caaatitut.e contempt. C. D . In Presence of Court. When contempt ia committed in the presence of the Enpewood Municipal Court, it may be puniabed 8Ullllllarily. In such • cue, an order lhall be made reciting the facts conatitutin( the contempt, acijudging the contemner guilty of contempt and prescribing the puniabment therefor. Out of Presence of Court. When it appean to the Court by motion aupport.ed by affidavit that a contempt bu been committ.ed oataide of the ..--artbe Court, the Court may u parte order a citation to iuue to the person ao c:barpd to appear and abow cauae •t a time dNipat.ed why be aball DOt be pmriabed tbaefar. However, in the cue where a person fails to appear at a court beariq dB beinr ordend to do IO by a properly eucuted document, either the Court aua tpllllflll or oa DMltian, may order auch citation aupport.ed by • copy of the ewut.ed document nqairiac ll&fmdmn in lieu of the dldam. '1be citation and a copy of the IUppadinc dacummta lball be llrftd upon auch person• -•ble time before the time cleaipat.ed, or, if the Court 811 anlen, wblll the citation ia iaaued or tberafter, • warrant for his unit may ialae to any peace amc.-. Such warrant lball &a the time for production of the person into Coan. '1be Court lball direct by mdal-t thereon the amount of bail or bond nqaind. Suda penon lbill be diacbaqad apoa deli..-y to and approval of any pean am--• dirk of a court of-.1, ao deeipt..., by• Palin Chief, aberiff, or judp al• court of-" of• bond CCllftall twwffnr to the aeq.m mta eetablilbecl by the Court. lfbe faila to .. bond, be lball be apt in c:mllDdy ..... to• orclw of the Court. E. '1be Court aball bear ffidmn tbr aad apiDlt the penon cbarpd ... it aay &ad bia guilty of contempt ... by ardll' prWlribe the puniMmmt tmr'lfDr. TIie _..,,._ pnniwbment that CBD be ilDpwd ia • ia llt llrtb in Sectian 1-4-1 oftbia Coda . ......_, in impaainc pmtehmmt 1ir .... , ,, •......, the Court 1a aat limitlld to the nl&ridimla of Section l+lB of &Irie Coda bat C..-...... ....,._. in.-of bty-eipt (48) boun. Abo, the Court may ..... --of the ....... pt proc:eedinp. F . No Contact Orden prior to trial. 1 . For the purpGN of &Irie 8ed:ima the fDUowint cWbrition appliN: No Contract Order - an Order__. by the.,.... of the ......_. llunic:ipal Court pnlailiitia, • person &om initiatinc any camct witb ..._ penoa at any plaN or tmaap any meall8 deaipat.ed bl the Order Ir a period of time clapatied in the Order. aon..., a rwtrict.ed contact CBD be prorided tbr bl auch Order under liwiud coaditioaa, timea, placea, and circwutancN. 2 . The Judp of the.,.__. llmricipal Court may, in Ilia diacntian tbr pod cauae ahown, iuue a No Contact Order apiut dlfllldant.a befbn trial when the iauann of such Order ia to protect the adlty of.,....• prnm& damap to property. 2 11- • • ' .. • • 0 -• ,,_ • • 3 . The Municipal Court Judge may require a surety bond to ensure that said defendant shall obey the No Contact Order. Upon a violation of the No Contact Order by the defendant, the Court can order forfeiture of the bond. 4. Each violation of a No Contact Order is a separate contempt and can be punished as provided in subsection l-7-2E above . G. 1. The Judge of the Englewood Municipal Court may, in his/her discretion, issue temporary and permanent restraining orders to prevent domestic abuse whether or not such relief could be obtained in a domestic relations action filed in a district court. 2. Action to obtain such relief is initiated by filing a complaint, duly verified, alleging that the defendant has committed acts constituting domestic abuse against the plaintiff' or a minor child of either of the parties. Upon the filing of such complaint after hearing the evidence and being fully satisfied therein that sufficient cause exists, the Municipal Judge may iuue a temporary restraining order to prevent domestic abuse and a citation directed to the defendant, commanding the person to appear before the court at a specific time and date, to show cause, if any, why said temporary restraining order should not be made permanent. 3. If, at the hearing held by the Municipal Court Judge upon the filing of such complaint, the defendant is present and participates in the hearing, the Municipal Court Judge if othenriae satisfied proper cauae is shown, may issue a permanent restraining order. 1-7-3: OFFICERS OF THE COUllT: A . Aaaociate Municipal Judge. Aa neceuary, the City Council may appoint one or more Aaociate Jud,-who ahall ait at auch times and upon auch cauaea u shall be determined by the preaiding Municipal Judge. When actually performing judicial dutiea, such Aaaociate Judge ahall have all the juriadiction and power of a Municipal Judge and his orders and judgments ahall be thole of the Municipal Court. The auociate Judge shall have the AJDe qualificationa u the Municipal Judge. B . The proceaa by which an Aaaociate Judge is selected and the terms of the Aaaociate Judge shall be u follows : 1 . Aaaociate Judges ahall be appointed by City Council, by resolution. 2 . The term of the Aaaociate Jud,e appointments shall be four (4) years. 3 . At Council discretion, Aaaociate JudlN may be reappointed . The incumbent Aaaociate Jud,ea' terms would be four (4) years commending January 1, 1985, espiring January 1, 1989 . Duties And Powers Of Clerk: The dutiea of the Clerk of the Court shall be to keep a register of the actiona in the Court, including all fen and money collected, and an inde:s thereof; to pay over to the Director of Financial Services all fen, ftnes and penaltiea received during the precedin& Court day, and to prepare and keep a docket for the Court in which the judplenta in each cue ahall be noted thereof, includiq a docket of all -from which an appeal bu bNsi taken . The Clerk and uaiatanta shall have power to adminiater oaths and afflrmatioaa in all Municipal Court matters and may iuue writs and noticN, including capi-. subpoenas, summon-and eucutiona in all -coming within the 3 • < .. • • 0 , ~') I - • • • • • <, jurisdiction of said Court as authorized in this Code . The Clerk shall prepare all writs, subpoenas, complaints and other papen pertaining to the busineas of the Court; provided, no such writ, subpoena, complaint, summona or other paper shall be deemed insufficient hereunder because prepared by any penon other than the Clerk of the Municipal Court or his/her assistants. The Clerk ahall also be the Jury Commissioner of the Court. 1-7-4: VIOLATIONS BUREAU: A . VIOLATIONS Bwuu Created: The Municipal Judge may establish a Violations Bureau to assist the Court with the clerical work of Code, ordinance AND TRAFFIC violations. The Bureau shall be administered by such penon or persons as the S"' Meaager MUNICIPAL JUDGE, WITH APPROVAL OF THE CITY COUNCIL THROUGH THE BUDGETING PROCESS, may designate and subject to such policy rules and regulations as the Municipal Judge may promulgate Sail!I B•ee11 ahaH he aper.W ill eenj-e41illll with •he ~aftie '1'111lati1111111 8111"11811 IIIINltlillhel!I 1,, dle Mel!lel 'llraflie Selie al!leptel!I 1,, 8ee41iea 11 1 1 ef thtll Sel!le • the -e ma, he aew er hereafter -••e• er rellliep•el!I AND SHALL FOLLOW SUCH PROCEDURES AS MAY BE PRESCRIBED BY THE ENGLEWOOD MUNICIPAL CODE OR AS MAY BE REQUIRED BY ANY STATE LAWS . B. Dutie, Of VIOLATIONS Bwuu: The following duties are hereby impoaed upon the Violations Bureau in reference to offenses for violations ef FOR which the Violations Bureau ia authorized to accept fines, PENALTIES, FEES, COSTS, AND SURCHARGES. C. D. E. 1. It shall accept finea, PENALTIES, FEES COSTS, AND SURCHARGES, iaeue receipts and repraat in Court the violaton from whom it baa accepted fines, PENALTIES, FEES, COSTS, AND SURCHARGES. 2 . It shall receive and iallue receipts for bail from the penon who must, or wishes to be heard in Court; enter the time of hia appearance on the Court calendar; and notify the arresting officer and witn-, if any, to be preeent. 3. It ahall keep A record of all violations ef.FOR which each penion baa been FOUND guilty within the precedin, twelve (12) montha, whether such guilt wu establiehed in Court or in the Violatiom Bureau. Reconh of Court · The Court shall keep records and submit summarized quarterly reports to the City Council of cues filed, TRAFFIC VIOLATIONS FILED, fines, PENALTIES, FEES, COSTS, AND SURCHARGES __.. e•• and other Municipal funda collected, warrants iallued, hearings held, and such other and further information nec:eaaary or reuonable in the circumstances. Said records shall be public records, except u otherwise provided by law . St;beduie of fine, PENALTIES FEM COSTS AND SURCHARGES : The Municipal Judge shall desipate the ordinances and aectiona ofthia Code and any code adopted by this Code for violation of which payment of fines, PENALTIES, FEES COSTS, AND SURCHARGES, may be accepted by the Violatiom Bureau, and shall specify, by suitable acbedule11, the amount of such finea, PENALTIES, FEES, COSTS, AND SURCHARGES for tint, second or subeequent off'enNa, provided such ftnea, PENALTIES, FEES, COSTS, AND SURCHARGES are within the limits provided by law, and aha11 further specify whether repetition of aucb offenaN aha11 require an appearance before the Municipal Court. Optiop tQ AIIIIMC Any person charpd with an offense OR TRAFFIC INFRACTION for which payment may be made to the Violationa Bureau shall have the option of: . ' • . .. • • 0 . -' •1111.. l I .... - ]- • • • 1. Paying such fineS , PENALTIES, FEES, COSTS, AND SURCHARGES within the time specified in the citation, er notice of arrest OR OTHER CHARGING DOCUMENT at the Violations Bureau, upon entering a plea of guilty and upon waiving an appearance in Court; or 2 . Depositing any required lawful bail, and upon a plea of not guilty, shall be entitled to trial as authorized by law. The payment ofe:fineS, PENALTIES, FEES, COSTS, AND SURCHARGES to said VIOLATION Bureau shall be deemed an acknowledgment of a violation of the designated Code section or ordinance, and the VIOLATION Bureau, upon accepting the prescribed fine, PENALTIES, FEES COSTS, AND SURCHARGES, shall issue a receipt to the violator acknowledging payment thereof. · 1-7-5 : COURTCOSTS: A. Court, Jury and Witness Costs. The Judge shall tax and collect u costa in every cue brought before him a fee of fifteen dollars ($15.00), and for a trial to a jury the coata shaJ1 be forty-five dollars ($45.00). In addition thereto, each member of a jury panel who shaJ1 attend the Municipal Court shall receive as compensation therefor the sum of three dollars ($3 .00), and each juror who shall attend the Municipal Court shall be entitled to a juror's fee of six dollars ($6.00) per day or part of a day in which said juror shall be in attendance. Each witneu called by the City, euept officen or employees of the City, shall be paid a witneu fee of five dollars ($5.00) for each day or part of a day in which he shall be in attendance. Such jury and witneu fees shall be a.-aed as a part of the coata, and all llUch costs shall be ullNlled apin8t the defendant in the event he shall be found iruilty. 8. Costa for Service or Eucution. The Municipal Court may aueu ap.inat a defendant all costs of any proceu, writ or warrant issued by it, including the coat of aervice, commitment or incarceration. 1-7-6: COURT RECORDS: The Municipal Court shall keep a verbatim record of the proceedinp and evidence at trials by either electric devices or stenographic means. Ses;tigp 3 The City Council of the City of Englewood, Colorado hereby amends Title 11, Chapter l , Section 10, of the Englewood Municipal Code 1985, which shall read as follows : 11-1-10: PBNAL'Rll8 PENALTY: The following peaal41iee PENALTY, he:eosith • f""'8 ill NH, shall apply to thia Chapter. A. It is unlawful for any person to violate any of the provisions stated or adopted in thia Chapter. B . Every person convicted of a TRAFFIC violation of-, prauillisa ...W er ..tapMcl ill thie ~ shall be punished II, a tine a• need·n1 &u h-clrecl claHare (•189.98), er 11, impri1111ameal aal e11eeeclill1 aae lmeclracl • ., (189) -,e, er 11, llaih a11eh tiae -• impnaaameal. IN ACCORDANCE WITH 1-4-1 E .M.C .. S@ctjgp ,. The City Council of the City of Eqlewood, Colorado hereby amends Title 11 , by the addition of a new Chapter 18, of the Eqlewood Municipal Code 1985, entitled Traffic Violation Procedures, which shall read as follow,: 11-18-1: TRAFFIC VIOLA'l10N PROCBDUBES: 5 . ' • . .. • • 0 • ,. . " • A. DEFINITIONS: THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS CHAPl'BR SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION, EXCEPl' WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING. IN THE EVENT OF ANY CONFIJCT BETWEEN THE YODEL TRAFFIC CODE AND THE DEPINITIONS CONTAINED IN THIS SECTION, THIS SECTION SHALL BE CONTROLLING: CHARGING DOCUMENT: DEFENDANT: JUDGMENT: PENALTY: TRAFFIC INFRACTION: TRAFFIC OFFENSE: MEANS THE DOCUMENT COMMENCING OR INITIATING THE TRAFFIC VIOLATION MA'M'ER WHETHER DENOTED AS A COMPLAINT, SUMMONS AND COMPLAINT, CITATION, PENALTY ASSESSMENT NOTICE, OR OTHER DOCUMENT CHARGING THE PERSON WITH THE COMMISSION OF A TRAFFIC VIOLATION. MEANS ANY PERSON CHARGED WITH THE COMMISSION OF A TRAFFIC VIOLATION. MEANS THE ADMISSION OF GUILT OR LIABILITY FOR ANY TRAFFIC VIOLATION, THE ENTRY OF JUDGMENT OF GUILT OR LIABILITY, OR THE ENTRY OF DEFAULT JUDGMENT AS SET FORTH IN TITLE 11, CHAPl'ERS 1A OR lB, AGAINST ANY PERSON FOR THE COMMISSION OF A TRAFFIC VIOLATION . MEANS THAT FINE AND/OR DIPRISONMENT IMPOSED PURSUANT TO SECTION 1-4-1 OF THIS CODE. MEANS EVERY VIOLATION OF ANY PROVISION OF TITLE 11, CHAP'l'Bll l AND THIS CIIAPl'BR 1A, RBLATING TO TRAFFIC OR ANY PROVISION OF THE YODEL TRAFFIC CODE, AS ADOPl'ED OR AMENDED BY THE CITY, EXCEPl' THOSE TRAFFIC VIOLATIONS DEFINED AS TRAFFIC OFFENSES. MEANS THE FOLLOWING OFFENSES AS SET FORTH IN THIS CHAPTER OR IN ARTICLE I OF THE MODEL TRAFFIC CODE AS ADOPl'ED AND AMENDED BY THE CITY: (1) SEC. 1903 IITC: STOPPING FOR SCHOOL BUSES. (I) SECS. 1101,UO'l,1103, lllk Hl'C: BASIC SPEED RULES -INCLUDING DECREASING OF SPBBD LDOTS, ALTBIUNG OF SPDD LDIITS AND ELEVATED STRUCTUUS SPUD LDIITS QJU.X WBIBI THI 8PIID 6I I J9ID II OBIADI 8 . , •, .. • • 0 ]- . ' • 0 ,~ • THAN 19 MILES PER HOUR OVER THE POSTED SPEED LIMIT (3) SEC . 1105 MTC SPEED CONTESTS/EXHIBITION OF SPEED. (4) SEC. 1401 MTC: RECKLESS DRMNG. (5) SEC. 1402 MTC: CARELESS DRMNG. (8) SEC. 1409 MTC: COMPULSORY INSURANCE· PENALTY, AS AMENDED BY 11·1·1B(21) E.M.C . (7) SEC. 1413 MTC: ELUDING OR ATTEMPTING TO ELUDE POLICE OFFICER. TRAFFIC VIOLATION : MEANS ANY VIOLATION OF TITLE 11, CHAPTERS 1, lA OR lB, WHETHER OR NOT SUCH VIOLATION IS A TRAFFIC INFRACTION OR A TRAFFIC OFFENSE. B. TRAFFIC INFRACTIONS NOT CRIMINAL: ALL TRAFFIC INFRACTIONS ARE DEEMED AND SHALL CONSTITUTE CML MATTERS AND ARE NOT CRIMINAL VIOLATIONS. C. NO JURY TRIAL FOR TRAFFIC INFRACTIONS : 1. A DEFENDANT BROUGHT TO TRIAL SOLELY UPON A TRAFFIC INFRACTION SHALL HA VE NO RIGHT TO A TRIAL BY JURY AS CONTEMPLATED BY CRS § 13·10-114 OR RULE 223, OF THE MUNICIPAL COURT RULES OF PROCEDURE. TRIAL OF ALL TRAFFIC INFRACTIONS SHALL BE TO THE COURT. NO DEFENDANT FOUND LIABLE FOR A TRAFFIC INFRACTION SHALL BE PUNISHED BY IMPRISONMENT FOR SUCH TRAFFIC INFRACTION. 2. TRIALS FOR TRAFFIC INFRACTIONS SHALL IN ALL OTHER MATTERS BE SUBJECT TO THE SAME PROCEDURES AS ANY OTHER MUNICIPAL ORDINANCE VIOLATION . D. RIGHT TO JURY TRIAL FOR TRAFFIC OFFENSES: E. 1. ANY DEFENDANT CHARGED WITH ANY TRAFFIC OFFENSE SHALL HAVE THE RIGHT TO A JURY TRIAL UPON PROPER PERFECTION OF A JURY TRIAL DEMAND PURSUANT TO RULE 223 OF THE MUNICIPAL COURT RULES OF PROCEDURE. 2. IF A DEFENDANT IS CHARGED WITH MORE THAN ONE TRAFFIC VIOLATION ARISING OUT OF THE SAME INCIDENT AND AT LEAST ONE OF THE CHARGED TRAFFIC VIOLATIONS IS A TRAFFIC OFFENSE, THE DEFENDANT SHALL HAVE THE RIGHT TO DEMAND A TRIAL BY JURY AS SET FORTH IN SUBSECTION (1) OF THIS SECTION AS TO ALL VIOLATIONS, WHICH SHALL BE CONSOLIDATED FOR PURPOSES OF TRIAL . COMMENCEMENT OF TRAFFIC INFRACTION ACTION . AN ACTION UNDER THIS CHAPTER CHARGING A TRAFFIC INFRACTION IS COMMENCED BY THE TENDER OR SERVICE OF A CHARGING DOCUMENT UPON THE DEFENDANT OR BY CONSPICUOUSLY ATTAClilNG A PARKING TRAFFIC INFRACTION DOCUMENT TO THE SUBJECT VElilCLE AND BY FILING THE CHARGING DOCUMENT WITH THE MUNICIPAL COURT. 7 ,, - • • 0 ' 7 I - ]- • • ,,. - • . • ' <. F . PAYMENT OF TRAFFIC INFRACTION PENALTY WITHOUT APPEARANCE : 1. THE CLERK OF THE COURT SHALL ACCEPT PAYMENT OF A TRAFFIC INFRACTION PENALTY BY A DEFENDANT WITHOUT AN APPEARANCE BEFORE THE COURT UNDER THE FOLLOWING CONDITIONS: a. IF PAYMENT IS MADE NO LATER THAN THE CLOSE OF BUSINESS ON THE THIRTIETH DAY FOLLOWING THE DATE OF ISSUANCE OF THE CHARGING DOCUMENT. b. IF PAYMENT IS ALLOWABLE BY MAIL, TELECOMMUNICATIONS, ELECTRONIC MEANS, OR AT THE TRAFFIC VIOLATIONS BUREAU UNDER THE FINE SCHEDULE. c. AT THE TIME OF PAYMENT, WHICH SHALL INCLUDE ALL COSTS, FEES, AND SURCHARGES REGULARLY ASSESSED BY THE COURT; AS THE SAME ARE REQUIRED FOR DEFENDANTS PLEADING OR BEING FOUND GUILTY OF NON-CML MUNICIPAL VIOLATIONS, THE DEFENDANT SHALL SIGN A WAIVER OF RIGHTS AND ACKNOWLEDGMENT OF GUILT OR LIABILITY UPON A FORM APPROVED BY THE COURT. 2. THIS PROCEDUU: SHALL CONSTITUTE AN ENTRY IN SATISFACTION OF JUDGMENT . G . TRAFFIC INFRACTION nasT APPEARANCE: 1. IF THE DEPDIDANT HAS NOi' PREVIOUSLY ACKNOWLEDGED GUILT OR UAlllUTY AND SATl8h&D THE JUDGMENT ON THE TRAFFIC INnACTION, D OR 1111: SHALL APPEAR BEFORE THE COURT WITHIN THE TDD PDJOO IClmDULED POR FIRST APPEARANCE . 2 . THE DU'ENDAMT MAY APPltAll IN PERSON OR BY COUNSEL WHO SHALL ENTD AN APPKA&ANCS IN THE CASE; PROVIDED, HOWEVER, IF AN ADIIISSION OF GUILT OR LIABILITY JS ENTERED, THE COURT MAY UQUIU THE PUSENCE OP THE DEPENDANT FOR THE ASSESSMENT OF THE PENALTY . 3. IF THE DEFENDANT APPEARS IN PERSON, HE OR SHE SHALL BE ADVISED OF THE FOLLOWING: a . THE NATUilE OF THE TRAFFIC INFRACTION ALLEGED IN THE CHARGING DOCUMENT; b . THE PENALTY, FEES, COSTS AND SURCHARGE'S THAT MAY BE ASSESSED, AND THE PENALTY POINTS THAT MAY BE ASSESSED AGAINST HIS OR HER DRIVING PRIVILEGE; C. THE CONSEQUENCES OF THE FAILURE TO APPEAR AT ANY SUBSEQUENT HEARING, INCLUDING ENTRY OF JUDGMENT AGAINST THE DEFENDANT AND REPORTING THE JUDGMENT TO THE STATE MOTOR VEHICLE DIVISION WHICH MAY ASSESS POINTS 8 ' .. • • 0 l • -• ,, ~ • , . • ' - AGAINST HIS OR HER DRMNG PRMLEGE AND MAY DENY AN APPLICATION FOR A DRIVER'S LICENSE ; d . HE OR SHE HAS THE RIGHT TO BE REPRESENTED BY AN ATTORNEY AT HIS OR HER EXPENSE ; e . HE OR SHE HAS THE RIGHT TO DENY THE ALLEGATIONS AND TO HAVE A FINAL HEARING BEFORE THE COURT ; f . HE OR SHE HAS THE RIGHT TO REMAIN SILENT BECAUSE ANY STATEMENT MADE BY THE DEFENDANT MAY BE USED AGAINST HIM OR HER; g . GUILT OR LIABILITY FOR A TRAFFIC INFRACTION MUST BE PROVEN BEYOND A REASONABLE DOUBT; h . HE OR SHE HAS THE RIGHT TO TESTIFY, SUBPOENA WITNESSES, PRESENT EVIDENCE, AND CROSS EXAMINE ANY WITNESS ; i. ANY ANSWER MUST BE VOLUNTARY AND NOT THE RESULT OF UNDUE INFLUENCE OR COERCION ON THE PART OF ANY PERSON; AND j . AN ADMISSION OF GUILT OR LIABILITY CONSTITUTES A WAIVER OF THE RIGHTS IN THE SUBSECTION AND ANY RIGHT TO APPEAL. 4. THE DEFENDANT PERSONALLY OR BY COUNSEL SHALL ANSWER THE ALLEGATIONS IN THE CHARGING DOCUMENT EITHER BY ADMITTING GUILT OR LIABILITY OR BY DENYING THE ALLEGATIONS . 5. IF THE DEFENDANT ADMITS GUILT OR LIABILITY, THE COURT SHALL ENTER JUDGMENT AND ASSESS THE APPROPRIATE PENALTY, FEES, COSTS AND SURCHARGES . H . JUDGMENT ON TRAFFIC INFRACTION AFTER FINAL HEARING: 1. IF THE DEFENDANT IS FOUND GUILTY OR LIABLE , THE COURT SHALL ASSESS AN APPLICABLE PENALTY AND SUCH ADDfflONAL COSTS AND FEES THAT ARE OTHERWISE GENERALLY IMPOSED IN NON-CML MUNICIPAL OFFENSES TOGETHER WITH APPLICABLE FEES, COSTS , AND SURCHARGES . 2. THE JUDGMENT SHALL BE SATISFIED UPON PAYMENT TO THE CLERK OF THE MUNICIPAL COURT OF THE TOTAL AMOUNT ASSESSED . 3 . IF THE DEFENDANT FAILS TO SATISFY THE JUDGMENT UPON THE FINDING OF GUILT OR LIABILITY OR WITHIN THE TIME OF A REASONABLE EXTENSION GRANTED UPON A SHOWING OF GOOD CAUSE BY AND UPON THE APPLICATION OF THE DEFENDANT, SUCH NONPAYMENT IN THE FULL AMOUNT OF THE PENALTY, FEES, COSTS , AND SURCHARGES, IF APPLICABLE, SHALL BE TREATED AS A DEFAULT. A DEFAULT SHALL BE CERTIFIED TO THE STATE MOTOR VEHICLE DMSION FOR ENFORCEMENT ACTION . 9 .. .. • • 0 f o o v l ]- ]- • • • • • I . TRAFFIC INFRACTION POST-HEARING MOTIONS : THERE SHALL BE NO TRAFFIC INFRACTION POST-HEARING MOTIONS EXCEPI' FOR A MOTION TO SET ASIDE A DEFAULT JUDGMENT. J . DEFAULT ON TRAFFIC INFRACTION : 1. IF THE DEFENDANT FAILS TO APPEAR FOR HIS OR HER FIRST APPEARANCE OR ANY HEARING INVOLVING A TRAFFIC INFRACTION, THE COURT SHALL ENTER A DEFAULT JUDGMENT AGAINST THE DEFENDANT . 2. THE AMOUNT OF THE JUDGMENT SHALL BE THE APPROPRIATE PENALTY THAT WOULD BE ASSESSED AFTER A FINDING OF GUILT OR LIABILITY, FEES, AND ADDITIONAL COSTS ASSESSABLE TO MUNICIPAL VIOLATIONS GENERALLY UPON CONVICTION OF NON-CML MUNICIPAL CHARGES, TOGETHER WITH APPLICABLE SURCHARGES. 3. THE COURT MAY SET ASIDE A DEFAULT JUDGMENT ENTERED UNDER THIS RULE ON A SHOWING OF GOOD CAUSE OR EXCUSABLE NEGLECT BY THE DEFENDANT . A MOTION TO SET ASIDE THE JUDGMENT SHALL BE MADE TO THE COURT NOT MORE THAN TEN DAYS AFTER THE ENTRY OF JUDGMENT . 4. THE DEFENDANT MAY SATISFY JUDGMENT ENTERED UNDER THIS RULE BY PAYING THE CLERK OF THE COURT. 5. NO WARRANT SHALL BE ISSUED FOR THE ARREST OF A DEFENDANT WHO WAS CHARGED WITH A TRAFFIC INFRACTION AND FAILED TO APPEAR AT A FIRST APPEARANCE OR ANY SUBSEQUENT HEARING OR WHO FAILED TO SATISFY A JUDGMENT. K. APPEAL: APPEAL OF ANY FINDING OF GUILT OR LIABILITY OF A TRAFFIC INFRACTION SHALL BE SUBJECT TO THE SAME PROCEDURES APPLICABLE TO CONVICTIONS OF MUNICIPAL OFFENSES GENERALLY. 1-J.B.2: TRAFFIC OFFENSE PBOCEDURE: A. THE COMMENCEMENT AND ALL SUBSEQUENT PROCEEDINGS THROUGH AND INCLUDING APPEAL ON MATTERS CONCERNING A TRAFFIC OFFENSE SHALL BE THE SAME AS THOSE PROVIDED AND REQUIRED FOR ALL CRIMINAL MUNICIPAL ORDINANCE VIOLATIONS . 8 . WHEN THE COURT DETERMINES THAT A PERSON CHARGED WITH A TRAFFIC OFFENSE IS GUILTY OF A LESSER INCLUDED TRAFFIC INFRACTION , THE COURT MAY ENTER A JUDGMENT OF GUILT OR LIABILITY AS TO THE TRAFFIC INFRACTION . Ses;tjop 5. Safety dau111 The City Council , hereby finda, determinea, and declaree that this Ordinance is promulgated under the general police power of the City of En,lewood, that it i a promulgated for the health, safety, and welfare of the public, and that this Ordinance ia nece11ary for the preservation of health and safety and for the protacti1111 of public convenience and welfare . The City Council further determines that the Ordinance bean a rational relation ID the proper legialative object sought to be obtained. 10 • • 0 -• • • ... • Sec;tign 6, 5@Y@l'Ahjlity If any clawie, 1181ltence, paragraph, or part of this Ordinance or the applicaticm thereof to any penon or c:ircumatances lhall for any rellllOD be acijudpd by a court of competent jurisdiction invalid, such judgment lhall not aff'ec:t impair or invalidate the remainder of this Ordinance or its application to other penona or cin:umatances. Sec;tigp 7 Inmn,iet,ent Ordjpanc;11 All other ordinanc:ea or portiona thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed 1D the extent of such inconsistency or conflict. Sec;tign 8 Etfec;t o([llllal gr modjficatjon 'lbe repeal or modification of any provision of the Code of the City of Eqlewoocl by this Ordinance lhall not releue, emnguiah, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision lhall be tnated and held as still remaining in force for the purpol8I of auataining any and all proper actiona, suits, proceedinp, and proaecutiom for the enforcement of the penalty, forfeiture, or liability, as well as for the purpme of IUltaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedinp, or proeecutiona. Sec;ti1119. ftnalty. 'lbe penalty provision of E.M.C. Section 1-4-1 as amended lhall apply to each and every violation of this Ordinance. 5ectim 10. Bffw:tjyp Qatc Thil Ordinance lhall go into effect OD January 1, 1998. Introduced, read in filll, aad pawd on Int reading on the 18th day of Auauat, 1997. Publiabed u a Bill for an Ordinance on the 21th day of Aquat, 1997. Read by title and pawd on lnal rwlinf OD the 2nd day of Sepwnber, 1997. Publiabed by title as arcm.-No . _, Serw of 1997, on the 4th day of Septaaber, 1997. ATTEST: Loucriahia A. Bllia, City Clerk I, Loucriabia A. Bllia, CitJ Clerk oftba CitJ al .......... c.alorado, _..., ..-., 11111t tba above and fonpia, ia a true capJ oftba Ordiamee ,-.1 • tlaal......, _. pstti + d by title u Ordinance No. __. SeriN of 11117. La.-: ti A.a. 11 •. • • • 0 , ]- • • • ORDINANCE NO. '7 / SERIES OF 1997 • 0 • BY AUTHORITY COUNCIL BILL NO . 78 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDITION OF A NEW CHAPTER 10, ESTABLISHING A CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, code enforcement activities are important to the very essence of the City of Englewood's community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of code enforcement activities in the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood hereby approves amending Title 2, of the Englewood Municipal Code 1985, by adding a new Chapter 10, establishing the Code Enforcement Advisory Committee, which shall read as follows: 2-10: CODE ENFORCEMENT ADVISORY COMMITl'EE: 2-10-1: PURPOSE: THE CODE ENFORCEMENT ADVISORY COMMITTEE IS ESTABLISHED AS A DEPARTMENT ADVISORY COMMITI'EE FOCUSED ON THE ACTIVITIES AND SERVICES OF CODE ENFORCEMENT AND REGULATORY PROCESSES OF THE NEIGHBORHOOD SERVICES SECTION OF THE DEPARTMENT OF SAFETY SERVICES. 2-10-2: COMPOSfflON AND MEMBBR8IIIP: THE COMMITl'EE WILL BE COMPRISED OF ELEVEN (11) MEMBERS APPOINTED BY CITY COUNCIL, AND THREE (3 ) EX-OFFICIO STAFF MEMBERS APPOINTED BY THE CITY MANAGER AND TWO (2) COUNCIL LIAISON MEMBERS . THERE SHALL BE ONE (1) MEMBER FROM THE BUSINESS COMMUNITY; ONE (1) MEMBER FROM THE CHAMBER OF COMMERCE ; TWO (2) MEMBERS FROM THE CLEAN , GREEN AND PROUD COMMISSION , TWO (2 ) MEMBERS FROM ENGLEWOOD FOCUSING ON TOMORROW (EFOT); AND (5) FIVE MEMBERS AT- LARGE GIVEN TO GEOGRAPHIC REPRESENTATION. WITH THE EXCEPTION OF REPRESENTATIVES FOR THE BUSINESS COMMUNITY, ALL MEMBERS SHALL RESIDE WITHIN THE CITY OF ENGLEWOOD . 2-10-3: TERMS OF MEMBERS: MEMBERS WILL BE APPOINTED TO OVERLAPPING TERMS OF TWO (2) YEARS . THE CITY COUNCIL SHALL MAKE APPOINTMENTS TO FILL VACANCIES FOR UNEXPIRED TERMS. '· 10 b V .. I •· • 0 - - • 0 t• • 2-10-4: COMPENSATION: A THE MEMBERS OF THE COMMITl'EE SHALL SERVE WITHOUT COMPENSATION. 8. REASONABLE EXPENSES DIRECTLY RELATED TO PERFORMING THE DUTIES OF THE COMMITTEE SHALL BE ALLOWED . 2-10-S: POWERS AND DUTIES: THE CODE ENFORCEMENT ADVISORY COMMITTEE SHALL HAVE THE FOLLOWING POWERS AND DUTIES: A. CONDUCT A COMPREHENSIVE REVIEW OF MUNICIPAL ORDINANCES INTENDED TO PREVENT OR ABATE SITUATIONS THAT ARE DEEMED DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY AS PROVIDED PRIMARILY IN CHAPI'ER 15 OF THE MUNICIPAL CODE . THE COMMITI'EE SHALL MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR THE ADDfflON, DELETION AND REVISION OF ORDINANCES. B. REVIEW THE PROCESSES, PROCEDURES AND ADMINISTRATIVE FUNCTIONS OF THE NEIGHBORHOOD SERVICES DMSION. MAKE RECOMMENDATIONS TO THE CITY MANAGER OR HIS/HER DESIGNEE FOR IMPROVEMENTS. C. ESTABLISH ENFORCEMENT PRIORmES FOR CITY STAFF TO FOLLOW TO ASSURE PROTECTION OF THE COMMUNITY UTILIZING THE RESOURCES PROVIDED. MAKE RECOMMENDATIONS TO THE CITY MANAGER OR HIS/HER DESIGNEE FOR ADJUSTMENTS TO CITY STAFF AND OTHER RESOURCES BASED ON THE NEEDS OF THE COMMUNITY. D. ACT AS A CONDUIT OF COMMUNICATION BETWEEN THE CITY AND THE COMMUNITY, AND GATHER AND ASSESS THE INFORMATION NECESSARY TO MAKE SOUND RECOMMENDATIONS TO THE CITY FOR SERVICE DEUVERY. 2-UM: APPOINTMENT OF OFFICERS AND ADOPl10N OF IWLB& A THE COMMITTEE SHALL ORGANIZE, ADOPT ADMINISTRATIVE RULES AND PROCEDURES AND ELECT FROM ITS MEMBERS SUCH OFFICERS AS IT SHALL DEEM NECESSARY TO ACCOMPIJSH ITS PURPOSES. OFFICERS OF THE COMMITTEE SHALL BE ELECTED FOR ONE-YEAR (1) TERMS. NO OFFICER SHALL SERVE IN THE SAME CAPACITY FOR MORE THAN TWO (2) CONSECUTIVE TERMS. 2 ' I' - • • 0 , I • • • B . THE CHAIRPERSON MAY APPOINT SUCH STANDING OR SPECIAL SUB- COMMITTEES FROM THE MEMBERSHIP OF THE COMMITI'EE AS THE COMMITTEE SHALL DETERMINE NECESSARY OR USEFUL IN CARRYING OUT ITS PURPOSES AND POWERS. THE PURPOSE, TERM AND MEMBERS OF EACH SUB-COMMITTEE SHALL BE DETERMINED BY THE CHAIRPERSON. 2-10-7: SUNSET PROVISION: THE CODE ENFORCEMENT ADVISORY COMMITTEE AND THE PROVISIONS OF TITLE 2, CHAPTER 10, SHALL TERMINATE IN FIVE (5) YEARS UNLESS THE COMMITTEE AND THE PROVISIONS OF TITLE 2, CHAPTER 10, ARE RENEWED BY COUNCIL ORDINANCE. $ection 2. Safety Clauaee The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a ra.tional relation to the proper legislative object sought to be obtained. $ection 3. Severabjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumatances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application 1D other persons or circumstances. $ection 4 Inqmai,tent Ordipapcee All other Ordinances or portiom thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the e:ir:tent of such inconsistency or conflict. $ection 5. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance lhall not releue, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u lltill remaining in fon:e for the purpmm of IIUStaining any and a 11 proper actiona, suits, proceeclinp, and proeec:utiom for the enforcement of the penalty, forfeiture, or liability, u -u u for the pupiee al suataining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, lluita, proceedinp, or proeecutiom. Introduced, read in full , and paued on fint reading on the 18th day of Auguat, 1997 . Published u a Bill for an Ordinance on the 21st day of August, 1997. Read by title and passed on final reading on the 2nd day of September, 1997. 3 "' - • .I • • 0 I - • • • ·. • Publiahed by title 88 Ordinance No._, Series of 1997, on the 4th day of September, 1997. Thom88 J . Burns, Mayor ATTEST: Louc:rishia A. Ellis, City Clerk I , Louc:riahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ii a true copy of the Ordinance puaed on final reading and publiahed by title 88 Ordinance No. _, Series of 1997 . 4 . .. .. • . ; • 0 - ORDINANCE NO. 'J!:: SERIF.s OF 1997 • • • .. ... BY AUTHORITY COUNCil. BILL NO. 79 INTRODUCED BY COUNCIL MEMBER VORMITl'AG AN ORDINANCE AUTHORIZING THE PURCHASE OF HOME LUMBER PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood autbariled the JUIIQtiatiom of the pun:bue of the Home IAmaber property by the pauap ofBeeolution No. 60, Seriea of1995; and WHEREAS, the ownen of the Home lAmaber property wish to Nil the property to the City; and WHEREAS, the City of En,lewood Parb and Rec:reatiOD Departmait will deYelop an aquatic leiaure facility OD the property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectior 1. n.e City CouDcil of the City of Englewood, Colorado hereby autboriw the paftbMe of the 8-1-ber property for $886,000.00 and -~tal cleanup of 866,000.00 OD tbat prapaty. n.e Bnplwood Parb and Bec:reatian Department will deftlop an aquatic'• leiaare facility OD the lite. Sectior 2. n.e City Y....-or bil deaipee ii beroby autbariwl to lip OD blbalf of the City of Eqlewood, Colorado. lntrodueed, reed in tbll, and pMNd OD tint readiq OD the 18th day of Aqult, 1997. Publiabed • a Bill ilr an OrdiDaDce OD tbe 211t day of Aacuat, 1997. Rwl by title and pMNd OD tlul rwlillf OD tbe 2nd day al Stptenbw, 1997. Publilbed by title u Ordinallce No .__. Seriea al 1997, OD tbe ~ day of Sept.ember, 1997. 'l'bomal J . 8mm, Mayor ATTEST : -1- 10 b vi ' ' .. • I • • 0 I ~ I -• ... • ,.. ·., .; " I, Loucriabia A. Ellis, City Clerk of the City of Enalewoocl, Colorado, hereby certify that the .._. and fancuilll ia • true copJ of the Orcluumce pueecl Oil final reamn, and pabliabed by title u Orcluumce No. _, Seriea of 1997. -2- ,. -. 'I .. • ... .. • • 0 , I J- ORDINANCE NO . '13 SERIF.8 OF 1997 <. • • • BY AUTHORITY COUNCIL BILL NO . 80 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING A GRANT OF A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO FOR THE RELOCATION OF A UTILITY POLE BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Public Service Company of Colorado has requested a Utility Easement for the relocation of a utility pole; and WHEREAS, the Englewood City Council paued Ordinance No. 53, Series of 1996 authorizing an Intergovernmental Agreement with the Urban Drainage and Flood Control District for improvements to West Harvard Gulch; and WHEREAS, in February 1997 the Urban Drainage and Flood Control District began improvements to West Harvard Gulch, located within the City's northwest greenbelt; and WHEREAS, during the c:oaatructiOD of the cb.annel, an unanticipated utility pole relocation wu required, requiring Public Service to move the utility pole approximately 130 feet north and out of the c:omtruction area; and WHEREAS, the new location for the utility pole remains within the City's greenbelt; and WHEREAS, this Ordinance grants Public Service Company an euement 5 feet in width for such relocation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1. The Public Service Company of Colorado Easement for the relocation of a utility pole within the City of Englewood's greenbelt ii hereby approved. A copy of said Euement is attached hereto u "Ewhit A" and incorporated herein by reference . Section 2. The Mayor and City Clerk are hereby authorized to sign and att.Nt, respectively, the said Euement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and paued on fint reading on the 18th day of Aupat, 1997. -1- ' . • 10 b vii .. • • 0 , 'l'> I -• • ·~ • Published u a Bill for an Ordinance OD the 21st day of August, 1997. Read by title and puaed OD final reading OD the 2nd day of September, 1997. Published by title u Ordinance No. _. Series of 1997, on the 4th day of September, 1997. Thomu J. Buma, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Eqlewood, Colando, banby certify that the above and fonauiDI ia • true c:opJ of the OrdimDee ...... Oil final reading and publiabecl by title u Ordinance No. _. Seri8I of 1997. ·. .. .I • 0 '--~• • • I• - .. -=~ EIINfflent location: South 9f VUHf Ave. end Wat pf TflO!! St , IIOWAgent:~ ----··-=~ Author Addr"': 550 15 ... St -Suitt 700 Qenw,r co. 80202·•251 Doc. No: --No.:~ lllUll lZILU!I W .O./J.0./CIIEQ No O!i-7ZHO PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Granto, hereby acknowledges receipt of good and valu-coMlderatlon from PIJBI.IC SERVICE CO . OF COlORAOO IComponyl, 1225-17~ Street. Oanvar, Colotado. 80202-5533. In consideration of which Gr1ntor(1I hereby grants unto said Company, its successo,s end n1igns, a non-e•ctulive easement to construct, operate, maintain, repair. and replace utHitv Nnes "nd Ml fixtures end devices. used or useful in the opeunion of said linet, through, over , under, across. end elong a course at said lines may be hefeafter constructed in LOTS lll!lma_, Bl0CK.Jl_ SUBDIVISION louduwn 0 ...... in the IW.11! of Section ..n_. Town9hip !........ll!l!l. Range ll.lb:lt of the Sheth Pfincipel Meridian In the County of Arapahoe, State of Colorado, the eaNment being de9crlbed n folowo: An •.....,.n,. ,,;1uotad In loto 18, 17. 18 and 19, lllock 13, IIOUTHLA-GMIDIIII. • oubdlvlolon locetad In the SWl/4 of Section 211 . Townohlp 4 South, Ro"9" 88 Wnt, of the Sixth P,inctpaf Moridlen, County of Arapahoe, Colot-. being 5 .00 fNI In wtdth, 2 .50 fNt on both -• and along the followlnv deocrlbed cent9fllne: Beginning et • point on the ent line of lot 19, Hid Block 13, Hid point being 115 .00 fNI north of the Soult_.. corner of said lot I 9 ; thence In • southwnterly direction to• point on the oouth Nne of lot 18, uld Block 13, uld point being 4 .00 feet we91 of the SoutheHI co,ne, of ... d lot 18 and the POINT OF TERMINVS .. The ""'"""'"t Is !Ll!Q fNt In width. The side bound8fy Nnn of the enement -be lenglhened and shortened es neces••v to encompns I COfltinuous strip of not less than the above w6dth et .. pointt on Otantor'1 ptoperty croHad by the above --onement and utendlng to lhe bound•ln of adjoc:ent p,-tle•. T099ther with th, right to ente, upon uld ~. to survey, c:ont1truc1, maintain, -•te, rapok, replace. control. and UN •aid utility Nnn and related llxturn and devicn, -10 ,-v• objacto Interfering therewith, Including the trimming of tr•• and bushe•. and t09"ther with the right to UN eo much of the adjoining premise• of Granto, during ourffvin9, COMtruction, malnt....ce, repair, removal, or ,..,iac-1 of uld utility Nnn and related lixtures and devlcn H may be required to pennlt the --of 91-.d utility conotrucllon or rapat, machinery. The Grontor rnervn the ri9ht to UM and OCC\JIIV lhe anement for -flU'PON conslotenl with the rlghto end privfiege• above grenlad and which will not inte,fere with or --any of the Hid Compeny'• focllltle• theraln or UH thereof . Such rnervotlons by lhe Granto, -In no ovent inchJde the right to erect or cause to be e,ectad eny buffdlnp or •tructurn -the ._. •-ad or to -• any -home or tr- unlto thereon. In cne of lhe parm-..1 llbooldorw,..,,t of the •-· al rlflht, p,Mlage, -lnt.,..t grentad moll terminate. The work of lnotallng -maintaining Hid .,_ -llxt1,rn -be -wllh cwa: the ourtoc:e atonv lhe •-t ohal be rntorad oubot-lally to h• onotnat level and-· Signed 1h19 _______ day of-----------· 11 !Ty,-or print -below each otgr,aturo Ina with olllclal title II """'°'alion, partner9hlp, ate.I: wmaslll CIIIMTOII ... Loucrishia A. Ellis, City Clerk Thoma• J . lurna, Mayor CITY OB DPCLD100D, CQ~Qaaee STATE OF COl.ORAOO, COUHTYOF A.rpaboe I )N , The for-,o1na ~ --~ .,...,.. ------d4f of ---------· Ii __ hr (Of--..(I) ltom ...... City of Englewood, Colorado -Thomas J Burns tsavoc -- ! t A .. • . • • 0 , • ,- -• . • (• . -' - i ~ " . • ~ . 0 I § 8 8 I "I "·· :,:1 • ® ~1 I ~ ~ ~ ti ,. cl ~ ! i ,0 I •J ~ l 1 l i I I 8 g .. .r, J~ I "' ; ., '1! I ' I -... I ..... !~-1 H.tnos !!! ... ------ij-----_r . l! ~-s - _____ ,i ! b--..,,------l • • 0 , I -• 0 I • • COUNCIL COMMUNICATION Date Agenda Item Subject Seotember 2 , 1997 10 Ci COM Contrad Amend. #3 Initiated By I Staff Source Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the Second Amendment to Agreement with Camp Dresser & McKee (COM) in February 3 , 1997 for the Final Design Proposal for the Allen Filter Plant Improvements. RECOMMENDED ACTION Council approval , by motion . of Contract Amendment No. 3 for design modifications for the Allen Filter Plant improvements . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED COM studied the existing water treatment facilities of the City and prepared a Preliminary Design for the Allen Filter Plant Improvements. Public concern over water quality issues such as taste and odor, cryptosporidium and giardia, together with the requirement to meet increasingly stringent regulations resulting from the 1986 Safe Drinking Water Amendment have prompted upgrading of the current water treatment facilities . Public meetings were held and a rate increase to fund the improvements was adopted . Preliminary design by COM was approved by Council on May 6 , 1996. The Final Design Proposal was approved February 3 , 1997 . The proposed Third Amendment to Agreement is for additional design investigations that will address the following ; retrofitting Filter No. 4 to prevent filter pipe gallery flooding, designing overflow and discharge structures for both the North and South Reservoirs, potassium permanganate feed modifications , blower relocate to a separate building adjacent to the filter building , environmental assessment to comply with NEPA loan requirements, berm and floodwall design at Big Ory Creek to provide drainage and floodproof the Plant, and an inspection of channel wall integrity and/or minor repairs . This channel separates the filtered water from the backwash water and the filter-to-waste channel . .. • • 0 , • ,... • . • ' ~. .. The Third Amendment would also address clear well modifications for repair work, GAC filter services contract facilitation and NPOES Permit assistance for the North Reservoir. Other items covered by this Amendment would include Lamella Plate supplier negotiations, design revision to accommodate a Watertink system and design specifications to repair and refinish the existing filter plant exterior. FINANCIAL IMPACT The Third Amendment to the Agreement between the City of Englewood and COM includes design modifications as well as the next project phase work for bidding and construction phase services. (COM letter dated August 8, 1997.) This Amendment raises the engineering fees for this project to $2,220,258. The water rate inaease to fund this project was passed by Council on March 18, 1996. This is a budgeted item. UST OF ATTACHMENTS Letter dated Aug. 8, 1997 from COM Third Amendment to Agreement ---------__ ....... __ ,~ ' ' ' ' • ~ • • 0 f --.. I ]- ,, -• • • <. • 1lURD AMENDMENT TO AGREEMENT This TiiIRD AMENDMENT made this ____ day of ___ ___. 1997 between the City of Enpcwood. Colorado ("OWNER") and Camp Dresser cl; McKee Inc. ("ENGINEER") modifies the AGREEMENT between the OWNER and the ENGINEER daled May 6, 1996. The AGREEMENT is modified by this 1lDlU> AMENDMENT 10 (I) provide modifications 10 the final desip of improwmems 10 tbe Allen \VI?; (2) Siddiq Phue Services; and (3) Coasttuc1ion Phase Services. Specific:ally, tbe following modificaliom 10 Exhibit A 10 tbe AGREEMENT are agreed 10: I . Add the following parapapbs ID Exhibit A: "1.5 Additional Design lnvaciplions and Final Design : 1.6 I) lnvestipre and report on film pipe pllery flooding during backwash 2) Design additional raw water piping, metering, overflow and discharge SttudUres for the North and South Reservoirs and redesign of City Ditch turnout structure 3) Polusiwn Permanganate feed modifications -reloc:allt plant feed room and modify aisling pump Slltioa for second feed facility 4) Reloc:m blower facility ID a sepal'lle building 5) Prepare an Environmental ASlessment for CWctPA Loan Application 6) Prepare predesign and desip of site flood proofing and dninqe 7) Perform an inspection of the fihmed waler' channel; prepare a report, and desip repain I) lnc:orpor.-the Clarwell Modificarion Project into the Project. and provide usimnc:e with GAC Fillllr Media Service Contract and in oblaining NPDES Discharae Permits 9) EvalU118 a new round of proposals from lamella plate paclt supplien 10) Revise design of P1eawww Facility to accommodalm Warerlink Supenelder plare system 11) Perform a desip imatipcion and prepare specific:alions for (a) repain 10 die holes and nicks in die Exmrior Insulation Finish Sysan (EIFS). (b) re-coadaa of the entire ElFS, ud (c) rwfiaishina of doors and windows The Biddin1 Phase Services dacn"bld in parqnph 2.J . oftbe AGREEMENT uw i..by aulhoriad. 1be ... COIi for prinliaa of the c:oanct daam11111 issued durina die Biddin1 Phase will be paid for by die OWNER. Ne COil is defined • die actual C01C of prindftl II amnpd for by die ENGINEER less die nc value of die document dlpolil .. • • 0 , • • received and held by the ENGINEER from prospective bidden after all refunds have been issued. 1.7 The Consuuction Phase Services descn'bed in pangraph 2.4 of the AGREEMENT are hereby authorized." 2. The schedule for performance ofENGINEER's services in the nBRD AMENDMENT is a follows: Ctm1m~ wnrtt Cgmpk«c Watk I.S Additional Design Investigations and Worlt underway October 31, 1997 Final Design 1.6 Bidding Phase Services Oc1oba' I, 1997 December 31, 1997 1.7 ConslnJCtion Phase Services November I, 1997 May I, 1999 (substantial completion) August 31, 1999 (final completion) 3. Payment of Services rendered by ENGINEER. The following are budget costs for services authorized by this nnRD AMENDMENT: I.S Additional Design Investigations and Final Design I) Filter pipe pllery flooding 2) 3) 4) 5) 6) 7) I) 9) Additional raw Waler facilities Additional PotasSimn Permanpnate facilities Seplrale Blower Buildin& Environmental Assessment Site Floodproofin1, drainap · preliminary design -daip Fillered w.,_ Channel • illlt*tion and report . daip Clearwell Modifications -desip GAC Filter Service Contncts and NPDES Dilcblrp Pennits -assistance Lamella plate pack supplier nepiations 10) Revised design to ICCOllllllodala Wllerlink 11) Desip. specific:aliona for repairmfinilh of EXlerior Insulation Finish s~ $10,110 18,000 0 59,000 5,300 11,460 51,500 1,300 9,200 3,400 6,500 8,500 7,000 ~ 1.6 Sublocal, Additional Desip Siddiq Phue Services I . 7 COIIIIIIICbCIII Phue Servic:a TOia.i 216,340 30,000 623 QOO MMA 2 ... • • 0 , -_ I -• ,,_ • , . • ~. Accordingly, the following modifications are made to paragraph 4.1 of Exhibit A to the AGREEMENT: "4.1 For the Basic Services performed. the OWNER. agrees to pay the ENGINEER fees not to exceed $2.,200,258, based upon the following elements: 4.1.l The portion of the total fees attributable to each component of the project is as follows: Prelimillll')' Design Resicluals.Assisllnce and Study First Amendmenl -F1oc:ISed Equipment lnwstiplion Second Amendment -Final Design Third Ameadmeat -Additional Design -Bidding Services -Cons1nlction Services Total $251,127 67,927 19,864 992,000 216,340 30,000 62J OQO sµoo,251 4.1.2 For work done by the ENGINEER except for Resident Project Representative services, services will be billed based on an amount equal to ENGINEER's Direct Labor COIi! times a factor of 3.1 for services rendered by principals and employees enpaed directly on the Project. plus out-of-pocket expenses incWTed in connection with these services, plus payment for work done by subconsultants (outside professionals) at cost to ENGINEER. For work done by the ENGINEER in providing lull-time Resident Project Representative services, these services will be billed baed on III amount equal to ENGINEER's Direct Labor Com times a factor of 2.3. • 4. Reason for nmm AMENDMENT 1.5 Additional Design lnvestiptions and Final Design I) 2) Fillllr pipe pllery ftoodina. Under c:enain openlional procedures. the fillllr pllery between Fillllr No . 3 and No. 4 f1oods durina badtwuh. Ex1msive field and hydraulic investiplioa revealed a i-tial blocbp ia the drain pipia1, pipe sagin1, and serious air emrainment durin1 backwah which reslric:ts hydraulic flow. To repair/COffllCt these daflciencies would probably COit S 100,000 to $200,000. F011Una18ly, a rasoaable Ulll'n* WII developed nar the end of the design phase -the problem does not occur al loww badtwuh rallS (less than 16 apmlftZ}. Granular ICtivaled carbon (GAC) a a fillllr medium requires a lower bacltwab ralll lban does anthracite, and it wu the OWNER's desire to l'lll'Ofit 1hree fillllrs with GAC mt. !ban just tw0 (Fillllrs No. 2 and No. 3). lberefore. by retrofittjn1 Fillllr No. 4 also widi GAC and bacltwashin1 al a lower rm, the fther pllery will not flood (bald on an ldUal 18Sl at 16 apm/ftZ ralll), and three fillllrs will be equipped wilb GAC. Additional raw waler' facilidll. By desipina overflow and dilCbarp SUUCUlnS for boch the Nardi and Soulb ~in, it will be paaible to c:omplelaly avoid (excepc under llMl .. .cy ww supply conditions) the rcurn and l'IUN ofww beckwash and fileer-ro-wure Wlllm'. This chap in procedure is beiq Sll'Oftlly _,_i-3 ' ' . ' • . .. • • 0 I -• • • endorsed by EPA. the State Health Department, and A WW A as a way to minimize exposure to microbial risk (Giardia and Crypto). It aJso should reduce the potential for taste and odors and manpnese problems. By redesigning the City ditch turnout structure and usociared yud piping, openlional flexibility is provided to select individually or mix raw warer sources from the Union Avenue Pump Station, City ditch, or the Nonh Reservoir. 3) Potassium Permanpmre Feed Modificanons. The original design contemplated a complete feed facility. The moditic:ations to provide two facilities can be accomplished as a no-cost design change. 4) Separate Bloww BuiJdina-The initial desip conmnplaled locating the blower for air/warer backwash in the exiscing fihlr building. Two separ.-locations were aaanpted in the fihlr building, 111d for various reasons. would have not worked well. It wu finally decided by the ENGINEER and plant sraff joindy to relocate the blower to a separate small building adjacent to the filler building. S) Environmental Assessment. The loan the OWNER contemplated receiving from the Colorado Water and Power Authority is based on the recent SOWA authorization by the federal government. Because federal funds were involved, the NEPA requirement to prepare an Environmental Assessment must be complied with. 6) Site Floodproofing, Drainage. After final design oftbe improvements to the Project were initialed, the OWNER lamed that flood studies performed by the Urban Drainage and Flood Control Dillrict indicated the Allen plant wu not adequately protected from flooding by Big Dry Creek. This work item is to prepare preliminary and final design for a berm and floodwall along the creek to protect the plant. 7) Filtered Waier Channel. Older pans of the Allen plant were consaucted with only a single conc:re11: wall separating the fihlred waaer channel from the backwash water and filler-~waste channel. If there were any c:ncks in this wall, it could be a mious cross coanec:tion. This issue wu discussed with the State Health Department. To COIISll'UCt a new set of channels would be very expensive. The Health Depanment aar'eed that if a physical inspection revealed channel wall integrity and/or minor repairs necessary for channel wall intqrity, and if those repairs were made. the design would be accepcable. This work item accomplished that inspection and minor repair design . I) Clear Well Modifications. a) b) Structural repairs were inwsaipllld in 1995 and no repair work wu performed then because of hip bids. The wort has now been folded into the current project and mould be able to be accomplished at a reasonable COit. GAC fillllr ssvices c:omract aaislaace. R.atber than purchul GAC fthlr mamrial (which bu a lilailld life and must be replaced in approximaly three years). the OWNER bu oplled ID raceive proposals for a ssvice connct from two activllad c:arbon suppliers, providina for initial ... • • 0 f - • • • t• • furnishing of the media, six-month testing of its continued usefulness. and ultimately, removal, disposition, and replacement. The ENGINEER has assisted the OWNER in the review of these proposals. c) NPDES Pennit Assistance. See item 2 above. The OWNER already has a NPDES permit for the South Reservoir. The ENGINEER assisted in obtaining a permit for the North Reservoir to provide complete operational flexibility. 9) Lamella Plate Supplier Negotiations. Because patent and licensing agreements expired. new suppliers of lamella plate packs were recognized as being in the market in June 1997. This provided an opportunity for the OWNER to test whether the negotiared price it had received ftom Parlcson Corporation ($719,400) was inflated. In the end, the supplier Warerlink was selected -at a lower price, and the City will be receiving an all stainless steel system instead of a system with polystyrene plates. 10) Revised Design to Accommodate Waterlink. The Waterlink system requires three beams to support the plate packs versus four beams as required for the Parlcson system. The small cost for redesign is worth the savings and improved material received -see item 9) above. 11) Design. Specifications for Repair/Refinish of E.~terior Insulation Finish System. The existing system for the filter plant involves a polystyrene insulation overlain with '!.-inch stucco. At comers of the building where "dings" have occUJ'Ted, and at locations where woodpeckers have drilled a hole through the stucco finish (about 50 holes), plant personnel have attemp(ed to patch the dings and holes. The color of the original stucco finish has bleached, and the newer repairs show a blotched pattern on the walls. This design effort is to put an additional protective coating over the stucco to make it "woodpecker-proof' and to restore the exterior trim finish for the windows and doors. 1.6 Bidding Phase services. Advertisement for bids is scheduled for October I. 1997 . Autborization of this services is now timely . I . 7 Consauction Phase Services Bids are scheduled to be taken October 3 I, 1997 . Because there are many bid alternatives and some negotiations with the apparent low bidder may be necessary , it is anticipated that bids will be left open for 60 days. and the construction comract may not be awarded until December 31, 1997 . This authorization for construction phase services must be given in any case·in the next three months. so it has been included herein to reduce paperwork. All other terms and conditions of the AGREEMENT of May 6. 1996. as amended remain in full force and effect. ' ,,, _ • • 0 '32xl ]- - • • ,,. • .. . • ' \, IN Wl1NESS WHEREOF, the parties berelo have aac:alld diis AGREEMENT to be eft'ective a oftbe .. fim above wriam. OWNER: ENGINEER: City Qffnfnml Campi) &MsKe[pc, Tbamaa J. Burm Carl p. Houck r,g1g YiFC Prnidem Cjty o(f.nllsrwP9fl IJ3 I 17th StnF1, 5MiM 1200 3400 Sgygh EIISi SSr:w Eo11DPA4 Colqndp &0110 .,.....,. . ....,..,,_, -;,. -----~ --~--.......--..... " - ' ' ' ' • ' • • • 0 - ] • • .,. - • t• • <. COUNCIL COMMUNICATION Date Agenda Item SUbfect September 2, 1997 10c ii Purchase of 12 Golf carts Initiated By Staff Sources Jerrell Black, Director of Parks and Recreation Department of Parks and Recreation Dave Lee, Manager of Open Spaces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 1996 -11 E-Z Go Golf carts were purchased. 1995 -15 E-Z Go Golf carts were purchased. 1994 -15 E-Z Go Golf carts were purchased. 1993 -10 E-Z Go Golf Carts were purchased. 1992 -10 E-Z Go Golf Carts were purchased. 1987 -20 E-Z Go Golf carts were purchased. 1986 -21 E-Z Go Golf Carts were purchased. 1985 -19 E-Z Go Golf carts were purchased. 1982 -60 E-Z Go Golf carts were purchased. RECOMMENDED ACTION Recommendation from the Parks and Recreation Department to award, by motion, a multi-year contract to E-Z Go Colorado for the purchase of motorized golf carts. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Golf Course has a total fleet of 84 golf carts. The a.irrent replacement schedule is based on complete replacement of au carts every 8 years. This year, we are purchasing one adcltional cart to help meet increased demands for carts on the par 3 COUl"le. A golf cart utilization study was perfonned by Fleet COl.nelor Services of Fort Collins, Colorado to determine the effectiveness and efficiency of our fleet rental and maintenance programs. The following recommendations were offered: brand standardization, multiple-year bid awards, and a guaranteed repurchase price. FINANCIAL IMPACT Funding for the golf carts was approved in the 1997 Golf Course Maintenance Budget. • 1997 Projected Revenue from Cart Rental (85 carts) • Total Purchase Price for Golf Carts (12 carts) UST OF ATTACHMENTS Bid proposal Tabulation Sheet $198,900 $26,310 .. • • 0 f I " • ITEM NUMBER 1 2 3 .t 4 5 8 • . I ./ 7 • 9 10 11 12 13 14 15 18 17 18 19 20 • 0 • " CITY OF ENGLEWOOD BID PROPOSAL TABULATION ITEM Golf Cars 1997 Golf Cars 1998 Golf Cars 1999 Golf Cars 2000 Golf Cars 2001 Golf Cars 2002 Part. Manual Shop Service Manual Trade In 1997 Trade In 1998 Trade In 1999 Trade In 2000 Trade In 2001 Trade In 2002 TOTAL-1997-1,7,8 & 9 TOTAL-1998-2,7,8 & 10 TOTAL-1999-3,7,8 & 11 TOTAL-2000-4,7,8 & 12 TOTAL-2001-5,7,8 & 13 TOTAL-2002-8,7,8 &14 EXCEPTIONS/ REMARKS . BID OPENING DATE: JULY 30, 1997 10:00 a.m . BID ITEMS(S) • MOTORIZED GOLF CARS Colorado Golf & Turf Muek'1 Golf Car Company Tom Bauerle 761-3332 Lee Beene 367-IOIW 3025 S Wyandot St. 15801 E 17th Ave. Englewood, Co. 80110 Aurora, Co. 80011 NOBID NOISIO NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBIO NOBID NOBID NOBID NOBID NOBID NOBIO NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID Letter Included E-Z Go Golf Car Compaay John Halbert 292-6609 5867 N Broadway Denver, Co. 80216 '42,~.uu $42,380.00 $43,320.00 $44,280.00 $45,240.00 $41,200.00 ~ NIC NIC $11,050.00 $15,IOO.OO $11,050.00 $14,250.00 $12,450.00 $12,450.00 $21,310.00 $21,750.00 $27,270.00 $30,030.00 $32,790.00 $33,750.00 - ~ - • • ,. - • • (. i COUNCIL COMMUNICATION DATE: September 2, 1997 AGENDA ITEM 11 a i SUBJECT: South Suburban Park & Recreation District Planned Development Amendment INITIATED BY: Department of Neighborhood STAFF SOURCE: Harold Stitt, Planning and Business Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Council Goals: regional collaboration Previous Council Action : The South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution Number 95, Series of 1993. Previous Planning Commission Action: The Planning Commission held a Public Hearing on the proposed Planned Development amendment on August 5, 1997. The Planning Commission voted to recommend approval of the Planned Development Amendment with the following condition and recommendations: CONDITION 1: The skate park shaU be surrounded by a minimum six-foot high fence, with locking gates. RECOMMENDATION 1. Improve and provide additional pedestrian access from the southeast comer of the Park to the internal path system , with defined crosswalks and sidewalks. RECOMMENDATION 2: Impact of vehicle headlights on surrounding residential uses shall be mitigated by use of grading, berms, or OCher means to prevent intrusion of the headlights on the residential uses. RECOMMENDATION 3 : An in-depth consideration of lighting specifications for the parking lots and skating areas be undertaken, addressing issues such as height of standards, deflection of light rays downward, foot~ rating of bulbs . A lighting plan encompassing this information , as a minimum , shall be prepared and presented to City Council for their consideration at the time the amended PD is referred to Council . RECOMMENDED ACTION: Staff recommends that City Council set October 6, 1997 as the date for a Public Hearing to consider the proposed amendment to the South Suburban Park & Recreation District Planned Development. ..... .. • • 0 , I ]- - • Ill ~ • • \, - BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED: The South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution Number 95, Series of 1993. The total park site contains 66.5 acres and has been under continuous development since 1993. The District is now seeking to amend the Development Plan to include 2 in-line hockey rinks, 1 skate park, 4 information kiosks, 4 shelters without restrooms. and 107 additional parking spaces. Of these, the most noteworthy changes are the 2 in-line hockey rinks and the skate park. The hockey rinks and the skate park facilities are located in an undeveloped area in the southeast comer of the site. FINANCW, IMPACT: There is no direct financial impact to the City as a result of adopting of this Planned Development amendment. UST OF AffACHUENTS: Case Number PD 97-01 Staff Report Case Number PD 97-01 Findings of Fact Bill for Ordinance ' ' • ' .. • • 0 f "l'lv I • • - I /a._,· BY AUTHORITY ORDINANCE NO . _ SERIES OF 1997 COUNCIL BILL NO. 82 ~!L~CIL MJ!iJIIIJtU~ ABJLLPOR AN ORDINANCE APPROVING AN AMENDMENT OF THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOUTH SUBURBAN PARK AND RECREATION DISTRICT) FOR THE INCLUSION OF 2 IN-LINE HOCKEY RINKS, 1 SKATE PARK, 4 INFORMATION KIOSKS, 4 SHELTERS WITHOUT RESTROOMS AND 107 ADDffiONAL PARKING SPACES. WHEREAS, the Englewood City Council approved the South Suburban Park and Recreation District's Planned Development with the paaaage of Resolution No . 95, Series of 1993; and WHEREAS, South Suburban Parks and Recreation District filed an application for an amendment to the 1993 Cornerstone Park; and WHEREAS, the propoeed amendment would include the inclusion of 2 in-line hockey rinks, 1 skate park, 4 information kioeb, 4 shelten without restrooms and 107 additional parking spaces; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on August 5, 1997, reviewed the Amendment of the Planned Development and added the following condition: 1. The skate park shall be surrounded by a minimum six foot (6') hip fence, with lockinc gate.; WHEREAS, the Enclewood Planning and 7.ooing Commission also made the following recommendationa to the Diatrict: 1 . 'Ibe Di8trict abould improve and provide additional pecleetrian - &om the SoutheMt ~ al the Park to the int.emal path ayatem with defined crouwallu and aidewallu; and 2 . 3 . The District abould mitigate the impact of vehicle headlipta on aurroundinf residential uaM by uae of grading, berms, or other means to prevent intruaion al the headlights on the residential -; and An in-depth review al licbtin, apec:ificatiom for the parlwic lota and akatin, -be UDdartalla by the Diatrict, ~~such u beisht of IWMlarda, deftection al licbt rays downward, foot-candle ratin, al bulba. A lilbtin, plan wpa•m, this information, u a minimum, llhall be prepared and s--ted to City Council abowinc a mitigation al the iapact al the propaaed tiaballl far boda the -- and the puDll lata CID the IIIIITOIIDdialf naidmtial -; -l - " - • • • 0 ,_ ]- • ... • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. The City Council of the City of Englewood, Colorado finda that the District bu acldrNll8d the Planning and Zoning Commiuion recommendations. Sec:ticm 2. The Englwood City Council hereby approves the Amendment to the Planned Development for South Suburban Parka and Recreation District's Comenitone Park attacbed hereto u Emibit A. with the condition that the skate park shall be IUJTOUDded by a minimum m foot (6') high fence, with locking pt.es. Introduced, read in full, and puaed on flnt reading on the 2nd day of Sept.ember, 1997. Publiahed u a Bill for an Ordinanc:e OD the 4th day of September, 1997. ATTEST: Tbomu J. Burm, Mayor Loucriahia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City CJerk ol the City ol Bnp,wood, Colorado, hereby certify that the above and fore,aiq i8 a true copy of a Bill tbr an Ordinance, introduced, read in full, and puaed OD flnt niadia, OD the 211d day ol ~. 1997. Loucriahia A. Bllia -2- . ' ' • .. • • 0 r I • ,, - -,. • . ' • • .... - 7, on the __ day of .. Thomas J . 8Ul'Dll, Mayor ATTEST: Louc:riahia A. Ellis, City Clerk I, Louc:riahia A. Ellis, City of tbe City 'or Englewood, Colorado, hereby certify that the above and · ill a true copy~~ Ordinance paued on final reading and published b ·t1e u Ordinance No. \Seri• of 1997. Louc:riabia A. Ellis • • 0 -3- '-I ]- • • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE IPD-97-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AN AMENDMENT OF THE PLANNED ) DEVELOPMENT FOR CORNERSl'ONE ) PARK, 5150 SOUl'B WINDER.MERE STREET) ENGLEWOOD, COLORADO 80110 ) INITIATED BY: SOVTB SUBURBAN PAlllCS AND RECREATION DISTIUCT 6631 sour& UNIVERSITY BLVD. LITl'LETON, CO 801ll ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CTrY PLANNING AND ZONING COMMJS.gON This matter WU beard before the City PlanoiDg and Zonins Commission on August 5, I 'NT, in the City Council Chambers of the Englewood City Hall. Commission Members Present: Coale, Douglas, Dummer, Garrett, Homer, Tobin. We- ber, Welker Commission Members Absent: Styes Testimony was received from staff, from the applicalll. and from manben of die paaal ~ lie. The Commission received nolice of Public Harina, ~amo of Pollin&, IDll die Slaff Report, which were incorponled iDlo and llllde a part of die m:ord ~ die N,tic Barias- After considering the statrmenlS of the wibleaes. and reriewinl die peathw documalll, die members of the City Planning and Zoning Commiuioo made die foUowiaa Fmdinp and Con- clusions. 1. FINDINGS or rAcr TBA T this issue was brought before the Commiuion upon applicatioD filed by Soudl Suburban Parks & Recreation Dil1rict for ID ,mem,,....C ID die Plumed Developmlal approved in 1993 for Cornerstone Park. 1 . . • . .. • • 0 -, ~. r ~ I - • • I' - • I • . • ' 2. THAT notice of the Public Hearing was given by publication in the Engtpood lmlisl on July 24, 1917, and that the property was posted with eight signs giving notice of the date, time, and place of the Public Hearing. 3. THAT Planning Coordinator Stitt testified that the proposal is to amend the 1993 Planned Development for Cornerstone Parle by adding two in-line hockey rinks, a skate park, four information kiosks, four shelters without restrooms, and 107 additional parking spaces . Planning Coordinator Stitt further testified that the zoning of the Parle is R-3, High Density Residence , and 8-2, Business, and that public facilities are per- mitted uses in both zone districts. 4 . THAT Planning Coordinaror Stitt preaemed to the Commission ieaers received from Frank and Kathryn Holland, 5304 Soudl Damn Street, Lialdon; from Bernard A. ml Linda Lee Funk, 5323 South Darura Street, Lialdon; ml a leaer/petitioo submitted by David L . and Ruth 0. Hansen, 4511 South GaJapago Sln:et, Englewood. 5. THAT Brea Collim , Senior Planner; David Stipe, Planner; and Joanne Gould, Pro- gram Administraror, for South Suburban Parle & Rccreation Dislrict, presenred testi- mony on the need for and development of the two in-line hockey rinks, the skate park, information lrioslcs and shelters. Testimony also addressed issues of safety, ligbting, circulation. and justification for the proposed location of the sports venues. 6. THAT Eddie Hix, Cord Hashbarger, ml Jim Hix presemed latimony in support of the proposed hockey rinks ml skate pub. 7. TBA T testimony in opposition to the proposed development. including ligbtina fa- cures, noise aeneratioo, hours of openlioo. ml traffic coapstion wu praealed by Sandra Johnson. Leigh Dehne, Jennifer Loaer, ICuen Nybop, Don Girard, John Spem:er. ml Kadly Breen. 8. THAT members of the Cnnuni11ion expreued cmal'DI and poaed IIIIIICl'OUI queltialll rquding ligbling, fencina, put plll'Ols, adult super vision, pedaCrian aa:eu, ooile abarement, and traffic circulation. The Commiuion urpd the applicam to lab *1J1 to mitigate adverse impacts of the proposal on the SUl'l'OUDdina residenlial developmem . l. 2. CONCLUSIONS TBA T the proposed amendment to the Planned Development for Cornerstone Park was filed by Sowb Suburban Parks & Recrealion Dislrict. THAT notice of the Public Hearin& WII properly pwn by oolice publilbed in the EgskY(ggd Bm,kL and by eipt sipls pcJllled on the property pvills DOCice of the dale, time, ml place of the Public Hariaa- 2 . ' .. • • 0 I __ , I • • . , . • 3. TBA T there is a need for the sports venues proposed by the applicant, oamely in-line hockey rinks and a skate park, to accommodate the population who enjoy that spon. 4. TBA T the intent of the Regional Park development is to address the recreational needs and desires of all park patrons; these recreational activities are varied and include both passive and active areas of development. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed amendment to the 1993 Planned Development graad to the South Suburban Pub and Recreation Disuict for development of Cornerstone Park should be recommended to City Coum:il for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on August S, 1997, by Weber, seconded by Tobin, which motion srar.es: Weber moved: Tobin seconded: The Planning Commission recommend to City Coum:il that amendmeQt of the Planned Development grallled to South Suburban Park & Recrea- tion District for development of Cornerstone Park be approved with the following condition, and recommendations for the developer: CONDmON 1: The skare park shall be surrounded by a rourinlun six- foot high fence, with locking gala. RECOMMENDATION 1. Improve and provide additional pedesttian access from the wJtbeasr comer of the Park to the ima'nal padl S)'SleDl. with defined crosswalks and sidewalks. RECOMMENDATION 2: Impact of vebicJe belCIUp,rs on surrounding residential uses shall be lllitiplcd by use of p-ading, berms, or ocher means to prevent intrusion of the belCIUghts on the rcsidemial uses . RECOMMENDATION 3: An in«pth consideration of ligbtiDg specifi- cations for the parking lots and skating areas be UDdertaken, lddlessiDg issues such as height of standards, deflection of liplt rays dowawud, foot-candle rating of bulbs. A lipting plan encomplSIUII tbis infonDa.. tion, as a minimum, shall be prepared and presenred to City Coum:il for their consideration at the time the amended PD ii referred to Council. 3 ...... • .. .i • • 0 , - - AYES: NAYS: ABSTAIN: ABSENT: • • t• · .... • ~. Dummer, Garrett. Tobin, Weber, Weier, Cottle, Douglas Nooe Homer Styes The motion carried. These Findings ml Conclusiom are effective u of tbe meetiJ11 on August 5, 1997. BY ORDER OI' THE CITY PLANNING a ZONING COMMmION 4 ,-. ' ,,. • ' .. • • 0 f !'>'lvl ]- • 0 !• • ; D E B O R 1 ~ D U B To: Planning and Zoning Commission Tbru: From: Robert Simpson, Director ofNeighborhood and Business Development Harold J. Stitt, Planning Community Coordinator <J).-+-+--- Date: Subject: July 31 , 1997 Case# PD 97-31 Public Hearin& -Plaued Development Amendment South Suburban Park and Recnatioa District Public Bearing Date: August 5, 1997 APPLICANT: South Suburban Parle and Recreation District 6631 South University Boulevard Littleton, CO 80121 REQUEST: The Applicant is seeking approval of an amendment to the South Suburban Parle and Recreation District Planned Development (Cornerstone Park) for the inclusion of 2 in-line hockey rinks, l skate park, 4 information kiosks, 4 shelters without restrooms, and 107 additional parking spaces. RECOMMENDATION: The Department of Neighborhood ud Business Development recommends that the Pinned Development Amendment be approved. LOCATION OF PROPERTY: The proposed amendments are located on the portion of Cornerstone Park that was the former Arapahoe County Fair Grounds and is bounded by West Belleview Avenue on the north, South Windermere Street on the west, West Prentice Avenue on the south and South Hickory Street on the east. The area to the east, south, and west is in the City of Littleton and composed of residential and commercial uses. The area to the north is also Cornerstone Parle and developed with softball fields . BACKGROUND AND ANALYSIS; The South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution Number 95, Series of 1993 . The total park site contains 66.5 acres and has been under continuous development since 1993. The District is now seeking to amend the Development Plan to include 2 in-line hockey rinks, l skate park, 4 information kiosks, 4 shelters without restrooms, and 107 additional parkina spaces. Of these, the most noteworthy changes are the 2 in-line hockey rinks and the skate park. The hockey rinks and the skate park facilities are located in an undeveloped area in the southeast comer of the site. The Planned Development Ordinance was ~ed u a result of the adoption of the Planned Unit Development Ordinance in 1996. This ~ did not cbanae the SlabJS of cxistiq Planned Developments . Changes to these existina Planned Developments are to be made under the ,----... --..... --... -............. •• • ...... ,, - • •· • f • .,, - • I• • . Case# PD 97-01 page2 Planned Development Amendment procedures that were applicable to the initial approval of the Planned DevelopmenL In reviewing a Planned Development amendment the following standards are to be applied: 1. Uses permitted. The use of the property which is the subject of the Planned Development, shall be a Permitted Principal Use in the Zone District in which the Development is located, or a use permitted pursuant to other provisions of the Zoning Ordinance. The proposed park and recreation uses are classified as a public facility and permitted in the R-3 and B-2 zone districts. 2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. The site that is the subject of this Planned Development amendment was not a part of the City at the time the Comprehensive Plan was adopted However, the amendment is consistent with the over all goals of the Plan. 3. The Planned Development's relationship to its surroundings shall be considered in order to avoid adverse effects to the existing and possible future development caused by traffic circulation, building height or bulk. lack of screening or intrusions of privacy. The proposed amendment does not alter the original concept of the parlc plan. Trajfic circulation patterns will not change since only an expansion of an approved parking lot is proposed The in-line ltocuy and sir.ate parlc an situated to minimize impacts on adjacent residential uses. These venues include small scale struclllres and landscape screening to the solllh and east. 4. Minimum requirements for usable open space shall be set through the overall design and amenities proposed for development. The aisling parlc dlwrlopmnt substantially exceeds the open space/landscaping reqllirewwnt ofl,oth the R-3 and B-1 zone districts. S. The number of off-stteet parking spaces in the proposed development shall not be less than the requirement of Comprehensive Zoning Ordinance. The proposed amendment includes an addmonal 107 parking spaces. .,.,,._ spaces are located in the parking lot adjacent to the Souih Hickory Slrut entrance and adjoining the proposed in-line ltocuy rinks and sir.ate parlc. 6. Site Plan. The approving agencies shall be satisfied that the site plan for the Planned Development meets all the following requirements: 1. If the proposed development includes multi-family or nonresidential buildinp or structures IIOd is adjacent to a single family residential use diSlrict, the development sball contain a buffer. This proposed amendment is adjac•nt to a single-family ruidenlial us, district to the south; the site is buffered from adjacent uses by m•nsiw landscaping. 12. Within the Planned Development, sufficient space must be provided between buildiDp IIOd structures, liivina consideration to their intended me, their loc:ation. daian ml hciaht, the placement and extent of faciaa window aras, ml the topopa,pby .a odm such other natural featwes u will lSIUl'e privacy and a p&....t enviroameaL • • • 0 , I • • ,.. . " • t. • Cue# PD 97-01 papl rlemel Pmlopment Amendment The location of tire proposed in-lilw ltocay and-* park is app,miMalflly 150 feet west and 20 feet abow South Hickory Strut. This plocu tJw in-line ltoclt;q and skate park facilities sujjiciartly away fro,,, adjOCffll wadti-.ta,,,ily ruidffltlal uses. £. If the area of the development is such that an iDtemal circulation system is necessary, such a system shall be designed for the type of 1rlffic tbat will be generated. and all curbs at entrances and other access points shall have ramps to facilitate access for the handicapped and bicycles. The proposed a1Mndment will not cl,ange tlw tralftc ciradation ~ as approved in tlw original Pla,r,.d Dewlop,nent. sL. Bicycle and pedestrian trails are to be provided where the City bicycle and/or trail plan or the Regional Bicycle Tnmspor18tion Plan shows such trail or trail corridor. The proposed i1IIIDlll,,wnt dou not cl,ange tlw trail sptnr as approwd in tJw original Pla,r,.d Dewlop,nent. ~ The site plan shall provide for the maximum praervation of natural draimae areas, vegetation and other desirable fealura. The proposed .. ,,.,.,,, doa 1IOI cJta,,p tJw drainage as approwd in tlw original Planned~ ZQNI DISTRICT; 8-2, Business District. and R-3 High Density Residenre Dislrict PROCEDURE; The Pluming Commission is requiml to bold a Pllblic Barias oa lbe paopcwt Plumed Development. The fflCOMJIHICMIMD of lbe Piam8III O ilPl'II ID appmve, or deny lbe Plumed Development 111111t be fonnrded to City Council wM1iD 30 days of lbe Public Hearing. City Council may cboole to bold a Pllblic Barias OD lbe pn,poNd Plaamd Development, or lbe City Couacil may ICt upoa lbe NCIIHNIFICG..,._ o( lbe fllalDIII Commission without boldiD& a Public Hearinc- DEPARJMEN'[ AND AGEN~; No outsbmding issues have been'. :G; odm Depab:DEull or apnciea . ' .. ., • • 0 ]- • • • • 0 I~ • '· • M E D O R 1 N D U B To: Planning and Zoning Commission Thru: From: Rohen Simpson, Director ofNeighborbood and Business Development Harold J. Stitt, Planning Community Coordinator<J),-+-+--- Date: July 31, 1997 Subject: Case # PD 97-01 Public Heariq-Planed Development Amendment South Suburban Park and Recreation District Public Hearing Date: August 5, 1997 APPLICANT: South Suburban Parle and Recreation District 6631 South University Boulevard Littleton, CO 80121 REQUEST: The Applicant is seeking approval of an amendment to the South Suburban Park and Recreation District Planned Development (Cornerstone Park) for the inclusion of 2 in-line hockey rinks, 1 skate park. 4 information kiosks, 4 shelters without restrooms, and 107 additional parking spaces. RECOMMENDATION: The Department of Neipborbood and Buineu Development recommends that the Planned Development Amendment be approved. LOCATION OF PROPERTY; The proposed amendments are located on the portion of Cornerstone Park that was the former Arapahoe County Fair Grounds and is bounded by West Belleview Avenue on the north, South Windermere Street on the west, West Prentice Avenue on the south and South Hickory Street on the east. The area to the east, south, and west is in the City of Littleton and composed of residential and commercial uses . The area to the north is also Cornerstone Park and developed with softball fields . BACKGROUND AND ANALYSIS; The South Suburban Park and Recreation District Planned Development was approved by City Council through Resolution Number 95, Series of 1993. The total park site contains 66.5 acres and bas been under continuous development since 1993 . The District is now seeking to amend the Development Plan to include 2 in-line boc:key rinks, 1 skate park, 4 information kiosks, 4 shelters without restrooms, and l 07 additional parkiq spaces. Of these, the most noteworthy changes are the 2 in-line hockey rinks and the skate perk. The hockey rinks and the skate perk facilities are located in an undeveloped area in the southeast comer of the site . The Planned Development Ordinance was repealed u a result of the adoption of the Planned Unit Development Ordinance in 1996. This repeal did not cbanae the status of existiq Planned Developments . Changes to these existing Planned Dewlopments are to be made under the ..... , J •: 1 , ti •. •· • 0 , - • • • - Cue# PD 97-01 page2 P!anMd Deyelopment Amendment procedmes that were applicable to the initial approval of the Planned Development. In reviewing a Planned Development amendment the following standards are to be applied: 1. Uses pcnnittcd. The use of the property which is the subject of the Planned Development, shall be a Permitted Principal Use in the Zone District in which the Development is located, or a use permitted pursuant to other provisions of the Zoning Ordinance. The proposed park and recreation uses are classified as a public facility and permitted in the R-3 and B-2 zone districts. 2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. The site thal is the subject of this Planned Developmenl tll'Mndmenl was not a part of the City al the ti1M tlw Comprehensive Plan was adopted However, the amendment is consistent with the owr all goals of the Plan. 3. The Planned Development's relationship to its surroundings shall be considered in order to avoid adverse effects to the existing and possible future development caused by traffic circulation, building height or bulk. lack of screening or intrusions of privacy. The proposed amendment does not alter the original concept of tlw park plan. Traffic circulation patterns will not change since only an expansion of an approved parking lot is proposed The in-line hockey and skate park are situated to minimize impacts on adjacenl residential uses. These venues include small scale structures and landscape screening to IM solllh and east. 4. Minimum requirements for usable open space shall be set through the overall design and amenities proposed for development. The existing park development substantially exceeds tlw open space/landscaping requirement of both tlw R-J and B-2 zone districts. S. The number of off-street parking spaces in the proposed development shall not be less than the requirement of Comprehensive Zoning Ordinance. The proposed tll'Mndment inclwla an adduionaJ 107 parking spaces. 'I1tue spaces are localed in tlw parlcing lot adjacent to tlw Solll1r Hiclt:ory Sowl entrance and adjoining tlw proposed in-line hockey rinks and skate park. 6 . Site Plan. The approving agencies shall be satisfied that the site plan for the Planned Development meets all the following rcquiiements: 1:. If the proposed development includes multi-family or nonresidential buildinp or structures and is adjacent to a single family residential use district, the dcYelopment shall contain a buffer. This proposed tll'Mndment is adjacenl to a single-family residential use district to the south; the site is buffered.from adjacent usu by utensive landscaputg. 12. Within the Planned Development, sufficient space must be provided betMeD buildiDp and structures, giving consideration to their intended use, their localion. daip .t hciaht, the placement and extent of faciq window ueu, ad the topopapby and odlll' such other natural features as will assure privacy and • pleaunt enviroameat. .. • • 0 , I J - • ,., • ' • (. ·ease# PD 97-01 Plagped Development Amendment The location of the proposed in-line hockey and skate park is approximately 150 feet west and 20 feet above South Hickory Street. This places the in-liM hockey and skate park facilities sufficiently away from adjacent multi-family ruilkntial uses. ~ If the area of the development is such that an internal circulation syst.em is necessary, such a system shall be designed for the type of lraftic that will be gencrat.ed. and all curbs at entrances and other access points shall have ramps to facilitate access for the handicapped and bicycles. The proposed amendment will not change the traffic circulation system as approved in the original Planned Dew/opment. g. Bicycle and pedestrian trails 1ft to be provided where the City bicycle and/or trail plan or the Regional Bicycle Transportation Plan shows such trail or trail corridor. The proposed amendment does not change the trail system as approved in the original Planned Dewlopment. £. The site plan shall provide for the maximum preservation of natural drainage areas, vegetation and other desirable featlRs. The proposed amendment does not change the drainage as tZJlll'"(TNd in the original Planned Dewlop,,wnt. ZQNI QISDICT; 8-2, Business District, and R-3 High Density Residence District PROCEDURE; Tbe PlllmiDa Cornmissi,on is required to bold a Public Haring on die paopoeed Planned Developmclll. Tbe recmnnem•tion of die PlaamDc Commiam to appnm:, or deny die Planned Development amt be forwuded 110 Cily Cowd wilbin 30 days of die Public Haring. City Council may c:bome to bold a Public Haring on die propoeed Planned Developmclll, or die City Cowd may IICl upon die 1111:(IIJPIJlffldlfm o( die PlaamDc (',nnwniuioo wimout boldina a Public Harais- DEPARTMl:NT AND AGEN~; No OUIS'aDding issues have been!:i,i ocber Depaw or epacies. ~ . , .. • • 0 , - • • • • • COUNCIL COMMUNICATION DATE: September 2, 1997 AGENDA ITEM SUBJECT: Vacation and Dedication of R.0.W. along 1200 - 1500 West Prentice Avenue and 11 a ii Dedication of R.O.W. along 5200 South Windermere Street INmATED BY: City of Englewood and South STAFF SOURCE: Harold Stitt, Planning Suburban Park and Recreation District Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Previous Council Action: The City Council approved a Planned Development for development of Cornerstone Park in 1993. Previous Planning Commlulon Action: The Planning Commission recommended approval of the vacation of the West Prentice Avenue right-of-way on July 8, 1997. RECOMMENDED ACTION: City Staff and the City Planning and Zoning Commission recommend: The vacation of the right-of-way along the north side of the 1200 -1500 blocks of West Prentice Avenue , described as: Beginning at the SW comer of the NW i. of NE i., thence North along the West boundary of said subdMsion 30 feet; thence Northeasterly 1323 feet plus to a point on the East boundary of said subdivision, whence the SE comer thereof bears South 57.2 feet; thence South along the East boundary of Said NW i. of NE 14 57.2 feet to the SE comer thereof; thence West along the South bocndary of said soodMsion 1323 to the place of beginning. Containing 1.32 acres more or less. T he dedication of right-of-way on the north side of the 1200 -1500 blocks of West Prentice Avenue and on the east side of the 5200 block of South Windermere Street, described as : 1200 -1500 Blocks of West Prentice Avenue • Beginning at the Southwest comer of the Northwest 14 of Northeast i. Section 10, T 5 S, R 68 W of the 6"' P .M ., Arapahoe County, Colorado; thence North 46.3 feet; thence Northeasterly 550 feet ta a point 550 feet East and 48.3 feet North of the Southwest comer; thence Southeasterly 772.5 feet ta a point 30 feet North of Southeast comer of the Northwest i. of the Northaast 14; thence South 30 feet to said Southeast comer; thence Wes t 1,322.32 feet along the South lone of the Northwest 1" of Northeast i. ta the point of beginning. Said parcel containing 1.3 Acres more or less . •. • • 0 ' J - - • • " • ~. .. 2 5200 Block South Windermere Street Commencing at North West corner of the North East 1' Section 16, T 5 S, R 68 W of the 6"" P.M., Arapahoe Coe.my, Colorado; thence South 330.01 feet; thence East 30 feet to the point of beginning; thence South along the East Right-of·Way of South Wmdennere Street 505 feet; thence East 15 feet; thence North and parallel with said East Right~-Way 405 feet; thence Northeasterly 100.29 feet to a point 22.69 feet East of the East Right-of-Way line of South Windermere Street; thence West 22.69 feet to the point of beginning. Said parcel contains O. 18 Acres more or less. BACKGROUND, ANALJSIS, NI> &JERNAJIYES IDENTIFIED; The vacation request is being jointly requested by the City of Englewood and the South Suburban Park and Reaeation District. The request inYolll9s the nor1hem portion of the 1200 -1500 blocks of West Prentice Avenue . West Prentice Avenue fonns the boundary between the City of Englewood and the City of Littleton. This vacation is necessary to correct the misalignment of the right-of-way created by an error in a deed recorded in 1927 for what is now Cornerstone Park. Also, the 1993 South Suburban Park and Recreation District Planned Development required that West Prentice Avenue be reconstructed to City of Englewood standards by 1998. The District and the City are preparing for this construction in 1998 and the vacation and dedication of the corrected right-of-way is necessary prior to any construction. Additionally, right-of-way dedication along the east side of South Windermere Street adjacent to the main park entrance Is necessary for the construction of a northbound Windermere to eastbound Belleview tum lane. FINANCIAL NPACJ: NIA YU Of ATTACHIIENJS: Bill for Ordinance Staff Report Case No. VAC 97-02 Warranty Deed .• West Prentice Avenue Warranty Deed -South Windermere Street ,,,_ . . . ' • . .. • • 0 , - ORDINANCE NO . _ SERIF.S OF 1997 . ' • • • '· BY AUTHORITY , . COUNCU.BILLllO. 83 INTBODU~CQIJNCU. MENBBB IAQ AN ORDINANCE APPROVING T VACATION OF RIGHT-OF-WAY ALONG THE NORTH SIDE OF THE 1200 -500 BLOCKS OF WEST PRENTICE AVENUE; THE DEDICATION OF A RIGHT-OF-WAY ON THE NORTH SIDE OF THE 1200-~ 1500 BLOCKS OF WEST PRENTICE; AND THE DEDICATION OF A RIGHT-OF----T. WAY ALONG THE 5200 BLOCK OF SOUTH WINDERMERE STREET. WHEREAS, the vacation request is a joint request by the City of Englewood and the South Suburban Park and Recreation District; and WHEREAS, the vacation is necessary to correct the misalignment of the Right-of- Way created by an error in a Deed which was recorded on September 8, 1927 in the records of the Clerk and Recorder's Office of Arapahoe County, Colorado in Book 250, at Pages 206 and 207; and WHEREAS, the Deed conveyed an incorrect parcel of land; and WHEREAS, the Parties seek to have the correct parcel conveyed; and WHEREAS, the Engelwood City Council approved the South Suburban Park and Recreation District's Planned Development with the paaaage of Reeolution No. 95, Series of 1993, requiring West Prentice Avenue be rec:onatructed to the City of Englewood standards by 1998; and WHEREAS, South Suburban Park and Recreation District and the City of Englewood are preparing for the construction in 1998 and the vacation and dedication of the corrected Right-of-Way is necessary prior to any construction; and WHEREAS , the vacation of the current Right-of-Way in the North 1/'2 of 1200-1500 West Prentice Avenue is requested; and WHEREAS, the dedication of the corrected Right-of-Way in the North 1/'2 of 1200- 1500 West Prentice Avenue is requested; and WHEREAS, Right-of-Way dedication alone the east aide of South Windermere Street adjacent to the main park entrance is neceuary for the conatruc:tion of a northbound Windermere to eastbound Belleview turn lane; and WHEREAS, the Englewood Planninc and 1.oning Commiuion, at their meeting of July 8, 1997, considered the request to vacat.e the Right-of-Way located in the 1200- 1500 Blocks of West Prentice Avenue and recommend that the Ript-of-Way be vacated; and WHEREAS , two new Deeds have been aiped by South Suburban for such vacations and dedications; -1- " - ' .. ., • • 0 , I • • ·, • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sec;t;ign 1. The City Council of the City of Englewood, Colorado hereby approves the vacation of a portion of the Right-of-Way described in Book 250, at Page 206 of the Clerk. and Recorders Office of Arapahoe Count, Colorado, said Right-of-Way is more fully described as follows : Vacation of a portion of the Right-of-Way along the north side of the 1200-1500 blocks of West Prentice Avenue: Beginning at the SW comer of the NW 1/4 of NE 1/4 , thence North along the West boundary of said subdivision 30 feet, thence NOl'theaat.erly 1323 feet plus to a point on the East boundary of said IRJb.division, whence the SE. comer thereof bears South 57.2 feet, thmce South along the Eut boundary of said NW 1/4 of NE 1/4 57 .2 feet to SE corner thereof, thence Weat along the South boundary of said sub-division 1323 to the place of bepming. Containing 1.32 acres more or less. Section 2. The City Council of the City of Englewood, Colorado hereby approves the dedication of Right-of-Way on the north side of the 1200-1500 bloclts of West Prentice Avenue, more fully described as follows : Dedication of Right-of-Way on the north aide of the 1200-1500 blocb ofWeat Prentice Avenue: Beginning at the Southweat corner of the Northweat 1/4 of the Nortmut 1/4 Section 10, T 5 S, R 68 W of the 8th P.M ., Arapahoe County, Colorado; thence North 46.3 feet; thence Northeaaterly 550 feet to a point 550 Eut and 48.3 feet North of the Southwest comer; thence Soutbeaaterly 772.5 feet to a point 30 feet North of Southeast comer of the Northwest 1/4 of the NortMut 1/4; thence South 30 feet to said South eut comer; thence Weat 1,322.32 feet along the South line of the Northwest 1/4 ofNortheut 1/4 to the point of beginning. Containing 1.3 acres more or 11198 . Section 3 . The City Council of the City of Englewood, Colorado hereby approves the dedication of Right-of-Way on the eut aide of the 5200 bloclt of South Windermere Street, more fully described u follows: Dedication of Right-of-Way on the eut aide of the 5200 block of South Windermere Street: Commencing at North Weat comer of the North Eut 1/4 Section 16, T 5 S , R 68 W of the 6th P .M., Arapahoe County, Colorado ; thence South 330.01 feet; thence Eut 30 feet to the point ofbepming; thence South alone the Eut Right-of-Way of South Windermere Street 506 r..t; thence Eut 15 feet; thence North and parallel with said Eut Right-of-Way 405 feet; thence Northeuterly 100.29 feet to a point 22.69 feet Eut of the East Right-of-Way line of South Windermere Street; thence Weat 22.69 feet to the point of beginninc . Containinc 0 .18 acres more or leu. -2- ,, - • I e - ... • • I ]- • • "'~ . .. • ~ ·~ • \, .. Introduced, read in full, and pauecl OD fint reading on the 2nd day of September, 1997. Published u a Bill for an Ordinance OD the 4th day of September, 1997. Thomu J. Burns, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk ., I, Low:riabia A. Ellia, City Clerk at the City of Englewood, Colorado, hereby certify that the above and foreBoiJlr ia a tnae copy of a Bill for an Ordinance, introduced, read in full, and puaed Oil fint reading OD the 2nd day oC Sept.ember, 1997. Loucriahia A. Ellie -3- . ' . ' • . l . ,• .. • • 0 r I - To: Tbru: From: Date: Subject: • • , . • ' }I l: \I II H .\ \ II 1 · \I Planning and Zoning Commission Robert Simpson, Director of Neighborhood and Business Development Harold J. Stitt, Planning Community Coordinator July 8, 1997 Right-of-Way Vacation Request Case# V AC 97-02 Vacation of Right-of-Way along the 1200 -1500 block of West Prentice Avenue APPLICANT: South Suburban Park and Recreation District 6631 South University Boulevard Littleton, CO 80121 LOCATION OF PROPOSED VACATION: "' - • The portion of right-of-way proposed to be vacated is the 1200 -1500 blocks of West Prentice Avenue. RECOMMENDATION: The Department of Neipborlloocl ud Buiaeu Developaeat recoaaeacll tut die requested right-of-way vacatioa be approved. BACKGROUND AND ANALYSIS : The vacation request is being jointly requested by the City of Englewood and the South Suburban Park and Recreation District. The request involves the northern portion of the 1200 - 1500 blocks of West Prentice Avenue. West Prentice Avenue forms the boundary between the City of Englewood and the City of Littleton . This vacation is necessary to correct the misalignment of the right-of-way created by an error in a deed recorded in 1927 for what in now Cornerstone Park. Also, the 1993 South Suburban Park and Recreation District Planned Development required that West Prentice Avenue be reconstructed to City of Englewood standards by 1998. The District and the City arc preparing for this construction in 1998 and correction of the right-of-way is necessary prior to any construction. Coupled with this vacation is a dedication to the City of the corrected right-of-way. PROCEDURE: The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation . DEPARTMENT AND AGENCY REVIEW; No issues have been identified by other departments or agencies . H IGROUP\BOARDS\PLANCOMM\STAFF REPORTS 97\VAC-97..0l DOC • . .. ,; • • 0 f • 0 • • TlUS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. WARRANTY DEED 'IBIS DEED, made this _li_ day of May , 1997 between SOUTH SUBURBAN PARK A.'ID RECREATION DISTRICT, grantor, and THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantees; whose legal address is 3400 South Elati Street, Englewood, Colorado 80110. WITNESSETB, That the grantor, for and in consideration of the sum of Ten Dollars ($10.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and 111111igns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe, State of Colorado, described as follows : Commencing at the North West comer of the North East 1/4 Section 16, T 5 S, R 68 W of the 6th P.M., Arapahoe County, Colorado; thence South 330.01 feet; thence East 30 feet to the point of beginning; thence South along the East Right- of-Way of South Windermere Street 505 feet; thence East 15 feet; thence North and parallel with said East Right-of-Way 405 feet; thence Northeuterly 100.29 feet to a point 22.69 feet Eut of the East Right-of-Way line of South W-mdermere Street; thence West 22.67 feet to the point of beginning. Said parcel contains 0.18 Acres more or leu. alao known as: Ript..of-Way for South Windermere Street, u depicted by the attached hhibit A, which ia incorporated by this reference. TOGETIIEll, with all and sinruiar the hereditaments and appurtenances thereunto belonging, or in anywise appertaininr, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above with the hereditaments and appurtenances. TO BA VE AND TO BOLD the said prem.iaN above barpined and described, with the appurtenances, unto the grantee, its succeuon and assigm forever. And the grantor for itself, its successors and asaigns, does covenant, grant, bargain and agree to and with the grantee, its successors and asaipa, that at the time of the ense•lin1 and delivery of these presents, it ia well seized of the premiaN above c:oaveyed, has good. sure, perfect, abaolute and indefeasible estate of inheritance, in law, in fee simple, and has iood richt, full power and lawful authority to grant, bargain, aell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, tazes, 111111essments, encumbrances and restrictions of whatever kind or nature -ver, e:itcept : Th098 of record. The ,rantor shall and will WARRANT AND FOREVER DEFEND the above barpined premiaa in the quiet and peaceable .--ion of the grantee, its succeuon and asaipa, apimt all and every peraon or penona lawfully c:laimini or to c:1aim the whole or any part thereof. •. ! + A ... • • 0 - • • • · ... • '· IN WITNESS WBEBEOF, 'lbe said ,rmtor baa c:auaed ita name to be hereunto subscribed by Charles E. Stroh ita Chairman and its aeal t.o be hereunto aimed, att.ted by i.tl Secretary, the day and ,-r flnt abcmt written. Rd.~IL ~berta F. Gillis ,Secretary STATE OF COLORADO ) )u. COUNTY OF ARAPAHOE ) SOUTH SUBURBAN PARK AND RECREATION DIST1Ucr, Charles E. Stroh ' a,.;,,,,.., - The foreaoinl instrument wu aclmawledpd bm'9 me tma _ll_ day of May 1997 by Charl11 E. Stroh • Chairman of the South Suburban Part and Recreation District. My commiuion upirw: </uJt ~1 . UJ(t) Witnes1 my band and oflic:ial ...i . -2- 1'- ' .. • .. ,,; • • 0 I • ' . ' ' ]- • ·, • '· - ~iridermere ------------.. ,.-;;:-------__.-------- I • I ···········r··· \. II I I I I ~ -J i I I ' I I I I ,1 if I I I I .. I I I (') , w .. -,, .I 0 • . , ... -, • -, ,, :J • if & • I !. Cb I(\ r+ I I -, 'E rr 1 I • (J) I • c-+ I : 0 I • :J a, Cb I I I I ! "1.1 I I 0 I ., .... ...... ]\ ~ ,, I I ~ z • t § 1 -·--. • • I ii: ..... -' _J i...i..;..;..;..,;;......,--.~-..::;;,,_--------------------- 0 '~n -• • t• • THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD'BE CONSULTED BEFORE SIGNING. WARBANTY DEED TBIS DEED, made this _ll day of~ 1997 between SOUTH SUBURBAN PARK AND RECREATION DISTRICT, ,rantor, and THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City emtiDg under and by virtue of the laws of the State of Colorado, grantees; whose legal address is 3400 South Elati Street, Englewood, Colorado, collectively referred to throughout this Deed u "Parties". 80110. WHEREAS, on September 8, 1927 , a Deed conveying a parcel of real property from the grantor to the grantee, wu recorded in the records of the Clerk and Recorders Office of Arapahoe County, Colorado in Book 250, at Pqes 206 and 207 . Because the real property conveyed by the 1927 deed -not the parcel of property intended to be conveyed between the Parties, the Parties not eeek to remedy that error via the euc:ution of this Deed conveying the intended parcel of real property. WITNESSETB. That the grantor, for and in consideration of the sum of Ten Dollars ($10 .00), the receipt and sufficiency of which ia hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm . unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe, State of Colorado, also known as described u follows : Beginning at the Southwest comer of the Northwest 1/4 of Northeast 1/4 Section 10, T 5 S, R 68 W of the 6th P .M ., Arapahoe County, Colorado; then:ce North 46.3 feet; thence Northeutarly 550 feet to a point 550 feet Eut and 48 .3 feet North of said Southwest comer; thence Southeasterly 772.5 feet to a point 30 feet North of the Soutbeut comer of the Northwest 1/4 of the Nonheut 1/4; thence South 30 feet to said Southeast corner; thence West 1,322.32 feet alODf the South line of the Northwest 1/4 ofNortheut 1/4 to the point of beginning. Said parcel contains 1.3 Acres more or le11 . also known u : Right-of-Way for West Prentice Avenue, u depicted by the attached Ezhibit A. which is incorporated by this reference. TOGETHER. with all and sincu1ar the hereditaments and appurtenanc:es thereunto belonging, or in anywise appertaining, and the reversion and revenions, remainder and remainders , renta, illues and profits thereof; and all the estate, n,ht. title interest, claim and demand whatsoever of the ,rantor, either in law or equity, of, in and to the above with the hereditamenta and appurtenances. TO BA VE AND TO BOLD the said premises above barpined and dnc:ribecl, with the appurtenances, unto the ,rantee, ita 1ucceuon and uaipa forever. And the ,rantar for itself. ita succeuon and Uligns, does covenant, ,rant, barpin and a,ree to and with the grantee, its succeuon and auipl, that at the time oftha-•linr and delivery ofthw presents. it ia well seized of the premiaes above conveywd, bu ,ood. IIUft, per&ct, ablolute and mdefeuible ntate of inheritance, in law, in fee simple, and bu aood ript, full power and l•wful authority to rrant, barpin, Nll and convey tbe same in manner and form aforesaid. and that the ume are free and clear from all torm.-and other rranta, barpinl, sales . liena . tun. -menta, encumbrancee and restric:tiom of whateoYer kind or nature -ver, euept: TbOH of record . ,,,_ - • X H I • I T B ... • • 0 , I - • • • . ... · ... • ,, \, The pantor lhall md will WARBANT AND FORBVEll DEFEND tbe at-e barpiDed pnmiNII in the quiet md peaceable pa111mim af tbe pmatae, il:I NCCBaOrS md umps, apimt all md r,ery pencm or penaaa lawfully c:laimiDr or to claim tbe whole or my pert tmreaf. IN Wl"ftOl:88 Wli&liBOF, Tbe uid armtm' bu cauaed ita name to be hereunto IUhecribed by CberJ ea E sg;roh il:I Ch.airmail md its ...i to be hereunto affind. att.t.ed by its Secretary, the clay md ,-r Snt .._. written. STATE OF COLORADO ) ) 11. COUNTY OF ARAPAHOE ) SOUTH SUBURBAN PARK AND UCUATION DISTllICT, The fi:lntaiq imtrument WU admawledpd befan -tbia ~ clay of May 1187br. Cbarlg E. Stroh uCbeirmaaftbeSoatbSubmball Park md llec:rNtiaD District. My commiuion u:pine: g.;.; 1, )J:)CO Witneu my hand md official Na! . ------~----' JIJ/ZI 'I •. ... • • 0 ' f __ , I 3 .! > u - , ' <. • • i. • ,------------. ---------; : I ;n I ~~ ..... - I • ' • I I I ~ J .. l ·.. ... . ......... . • ..){. L 0 Q_ \) C 0 +> en L \) C L 0 u z ..cllt.. .•• -...... I[· ,-. I" ---· -...... I! I I • ' ' I I ~ ••••• .... I 11 ~ . . _ .. -..... ---------------------~---------------------._...,,~M ' ' •. • ' . . ' 0 - - • ,, - • • . . • COUNCIL COMMUNICATION Subject Date September2, 1997 Agenda Nam Ila... iii Bill for an Ordinance reaffirming the establishment of the Water lnitlatad By lewood, Utilities Stu Fonda Ondor COUNCIL GOAL AND PREVIOUS COtN1 ACTION The Council has made the overall quality cf Hr. of the c:itiz8ns they serve a priority, which includes water quality and safety. This action is neceaay ID sean a low cost funds ID improve the Allen Wmr Treatment Plant RECOMMENDED ACTION To reaffirm, pursuant ID the tanns and provisions of the W.. Activity Law, the City of Engletuood -wamr Utility Enterprise" (the "EnlarpriMj. The EnllrpriN shall cansilt of the~ ,...,.dad by all of the City's watar facilities and properties, now owned or _..,. ac:qund, whelher liluall8d within or without the City boundaries, including al praw,t or future improvements, exllll lliol 11, enlargements, betlennents, replac:ementl, or adciliol II ttw90f or theNID (the "Syatllmj. The Enterprise shall have all of the authority, powers, righls, abligalicM 11, and duliel a may be ~ided or permitted by the Wamr Activity Law, the Chartar. and the Colorado Constiltutuon, and u may be further prescribed by ordinance or l'9IUlullon of b City. Staff recommends City Council approve the attached bil for .-. ordirwa. FINANCIAL IMPACT This bill for an ordinance dou not dndly impact the City's flnanc::ial condition. UST OF ATTACHMENTS Proposed bill for an ordinance ----------~ ... ' . ' • . .. • • 0 ORDINANCE NO. _ SERIES OF 1997 .. . ,~ - BY AUTHORITY ABILLPOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE ESTABUSHMENT OF ITS WATER UTILITY ENTERPRISE. WHEREAS, the City of Englewood (the "City9), ia a home rule mUDicipality oftbe State of Colorado (the "State") duly organized and operatiq under tbe City Charter (the "Charm") and the ComtitutiOD and laws oftbe State; and WHEREAS, punuaot t.o Section 121 oftbe Charter, tbe City lball have ~f. with reaped t.o City owned utilities, iDdwlmr water ad water riptl and~ acquiaitim thereof, all of the authority ad powers aaw prvrided by the atut.N oft.be State;and WHEREAS, punaant to tbe prcmaiom of Title 31, Article 35, Put 4, Colondo ReviNd Statut.N, mmw:ipalities within t.be State are authoriad to operate and maintain water syatema; and WHEREAS, SectiaD 106 of tbe Charter parmita tbe City to iaue revmue bcmdl • now or berNfter pnmdlld by tbe ltatat. of tbe Stat.a tbr mmw:ipalitiee of ffWJ c:laN and. punuaat to tbe proriaiam of Tide 31, Anide 35, Part 4, Colando RffiNd Statutes, mmw:ipalities are aadlariwl to i.aue Nftllae bODda fbr tbe acqaimiaa, caastrudiaD, ~ --. improftmmt, baUcawt, or atmaiall of D7 water facilities; and WHEREAS, punaant t.o SectiaD 99 oftbe <::barta, tbe -.ta of Neb alility owDIII and operated by tbe City malt be bpt...,..... and dial:iDct frca all odlar MClllllla of the City in IUCb maDDa' .. 1:D lbow tbe true and ccmplate tlmDcial raa1t of IUCb City ownership and operaaoD illcludiq all MNtl, liabilities, l'ff9DUN, ad apmN1 Dl accardm with a UDiform cl•eeiffcation of armuDta and lball COGtain pa'apclll1:i,aute charpa mr all ~ parbmed by odlar cl8partmmta 11r IUCb utility, .. w.u • proportionate cndita mr all Nrrica rmdered; ad WHEREAS, punuant to tbe pnmaiam of Title 37, Article 46.1, Colorado llfflaad Statutea (the "Watar Acti'rity Law"), mumcipalitiaa which have their own baadias capacity an ambariwl: (i) t.o cxmmwe t.o maintain water mterpriw fbr die parpaaa of punuinr or COGtiaaiac water actmtiea; (ii) 1:D i.aue or reiaaue bODda or odlar obliptiou pa,able frca die Nftllaa clmftd or 1:D be dariffd frca tbe ...,._, tbe terma and coaditiona of IUCb baada or odlar oblipaoaa to be • NC Cartb iD tbe l"NOlution autbiariaiDI tba -and. • merly .. pncticable, .. prvridad iD Put ' of Article 35 of'ntle 31, CJLS., Niatmc 1111 tbe ~ ofwatar Nftllae baada; and WHEREAS, in order to qaalify • a ..... ....,.._ aadar tbe w._ Adtrit:y Law, tbe mterpriae maat cmaaiat of a .,..._t ..... actmty ..._ __ .,,a aov-taI mtity IUCb • die City, wbicb ....,.._ racaiTa aadar u, .. ofita aDDUU l"ffeDUN iD P"Ut9 frca all Colando Sta*-aad lacal ,.,....... combined, ad wbicb ia aadlariwl to i-. ita owa rewma ~ and ' ..... . : '"" t .. • • 0 I • • • • WHEREAS, as stated in the Water Activity Law, any water activity enterpriae maintained pursuant to the provisions thereof are excluded from the provisions of Section 20 of Article X of the State Constitution; and WHEREAS, the System (as defined hereafter) has historically been and continues to be operated as an "enterprise" within the meaning of the Water Activity Law; and WHEREAS, it is the intent of the City to reaffirm the City "Water Utility Enterprise" under the Water Activity Law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tigp 1 Water Utility Ept,cnmac 'l'bere ia hereby redirmed, pursuant to the tenna and provisions of the Water Activity Law, the City of Englewood "Water Utility Enterpriae" (the "Enterpriae"). The Enterpriae ahall c:onmt of the busiDeu represented by all of the City's water facilities and propertiea, naw owned or bm9after acquired, whether situated within or without tbe City bounduiea, including all present or future improvements, enemiom, enlarpments, betterments, replacements, or addit.iona thereof or thereto (the "System"). The Enterprise shall have all of the authority, powers, rigbta, obliptiom, and dutiea u may be provided or permitted by the Water Activity Law, the Chart.er, and tbe Colorado Comtitution, and aa may be further prescribed by ordinance or resolution of the City. The governing body of the Enterpriae (the "Governinc Body") ahall be the City Council of the City, and shall be IIUbjec:t to all of the applicahle laws, rulea, and regulations pertaining to the City Council. Whenever the City Council ia in ..aiOD uciaiq its legal authority relating to any Enterpriae matter, the Gmwnin, Body ahall a1ao be deemed to be in 1N1ion. It aba1l not be~ far the Gmwnin, Body to meet aeparately from any meetin, of tbe City Council, nor ahall it be neceuary for the Governiq Body to apec:ifically announce or admowledp that actiom taken thereby are taken by tbe penuac body of tbe Enterpriae. The Governiq Body ia authorized to eXlll'ciN tbe City's lepl authority relatinc t.o water activities u provided in the Wat.er Activity Law; prcmded however, the Go¥enun, Body may not levy a tu wbich ia IIUbjec:t to Seetioo 20(4) of the Stat.e Comtitutim. Sec;tjgn 2 B,tjfic,tjpp and Aqpmul of Priqr Ac:ticm• All actiom beretofon tum by the officen of the City and the memben of the City Council, not incomiatent with the provisiom of thia Ordinance, relatinc to the operation or creation of the enterpriae, hereby ratified, approved, and confirmed.. Sec;tjgn 3 BceHICt All orders, bylaws, ordinaDcee, and reaolutiona oCthe City, or parts thereof, inconaistent or in conftict with thia Ordinance, are hereby repealed t.o the extent only of IIUCb incomiatenc:y or c:ontlict. Scl;tigp 4 Scxerahjlity If any NCtion, parqraph, clauae, or proviaioo oC thia Ordinance shall for any reuon be beld to be invalid or unanforeeable, the iD..iidity or unenfon:eability of such aection, parqraph, cla111e, or proviaion ahall not a6c:t /)J!l).1 ~ of the remainin( proviaionl of thia OrdiDance, the intent beiDr that tbe ume are -/ severable. -2- ... - • . .. ., • • 0 I - - • I'~ "" ~ • . • ~ ~ L .. - Secttm Ii PuNirat;m IP4 M'edhl Pw, Thia OrdmaDce, after m 1baal .,....., lball be DUmband ad ncarded, -die adaptiGD ad paNicetim lball be 1IPtbenticeW by die lipatme oldie llayor -die City Clark wl by die~ « PubUcatioa Tbia OrdiDaw aball became dective thirty (30) clays ds pablicatian tbBowiDs bal ,....... Imrodaced, rwl iD full. ad pawd CID Int rwliDs CID die 2Dd da, « Sept ber, 1187. Publiabed U a Bill fir aD OrdiaaDm CID die 4th day« Septm,ber, 1997. ATTEST: Laacriabia A. Ellia, City C1-k I, Loucriabia A. El1ia, City Clark "'the City "'Baplwood, Colando, ...., Clll'tify tbat die abaft ad finlaiac ii a trm COP.f « a BIB far • <>nlillaDDe. iatlflldacld., rwl iD fuD. ad pwed CID Int JwliDs CID 1bl 2Dd da, «Slptwnber, 1997. -3- . ' I • . ' . .. • • 0 '-I - ] a;;::m- • ORDINANCE NO. SERIES OF 1997 ' '· • • t• • BY AUTHORITY A BILL FOR "'~ COUNCIL BILL NO. 85 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE ESTABLISHMENT OF ITS WATER UTILITY ENTERPRISE. WHEREAS, the City of Englewood (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the City Charter (the "Charter") and the Constitution and laW9 of the State; and WHEREAS, punuant t.o Section 121 of the Charter, the City aball have the eun:iae with reapect t.o City owned utilitiea, including water and water rights and the acquisition thereof, all of the authority and powen now provided by the lltatutee of the State; and WHEREAS, pursuant t.o the provisiona of Title 31, Article 35, Part 4, Colorado Revised Statutes, municipalities within the State are authorized t.o operate and maintain water systems; and WHEREAS, Section 105 of the Charter permits the City t.o issue revenue bond& 81 now or hereafter provided by the lltatutee of the State for municipalities of every cl111111 and, pW'luant to the provisiona of Title 31, Article 35, Part 4, Colorado Revised Statute., municipalities are authorized to iuue revenue bonds for the acquisition, conatruction, reconstruction, leue, improvement, betterment, or utenaion al any water facilities; and WHEREAS, pW'IIWlDt t.o Section 99 afthe Charter, the account. al each utility owned and operated by the City muat be kept eeparate and diatinct from all other account. al the City in such manner 81 to abaw the true and complete financial IWult al IIUCb City ownerahip and operation including all UNta, liabilitie11, revenue11, and eiq,enaa in accordance with a uniform clauification of account. and lhall contain proportionate charges for all aerviCN performed by other department. for nc:b utility, u well aa proportionate credits for all aerviCN rendered; and WHEREAS, pW'IIWUlt t.o the proviaiom ofTitle 37, Article 45 .1, Colorado Revised Statute. (the "Water Activity Law"), municipalitiee which have their own boadinc capacity are authorized: (i) t.o continue t.o maintain wat.-mterpriaN for the ~ of punuing or continuing water activitiea; (ii) to iNue or ~ baada or other obliptiona payable from the reven-deriYed or to be deriYed from the mt.-priae, the tenm and conditiona of IIUch baada or other obtiptiau t.o be • Nt btb in the reeolution autbori&ing the ume and, u DNl'I:, u practicable, u provided in Part 4 of Article 35 of Title 31, C.R.S., relating t.o the~ al water rewmue baada; and WHEREAS, in order t.o qualify u a water mterpriae under the Water Ad.ivity Law, the ent.erpriae muat conai9t al a suw-t wat.-aetmt:, ~ owned by a SoVernmental entity IIUch aa the Cit:,, wbich mterpriae receifll under 1ft afita annual revenu• in IJ'&DU from all Colorado State and local pwammta combined, and which is authorised to iNue ita awn l"ff81lue baada; and • .; • • 0 l • ]- • • I• • - WHEREAS, as stated in the Water Activity Law, any water activity enterprise maintained pursuant to the provisions thereof are excluded from the provisions of Section 20 of Article X of the State Constitution; and WHEREAS, the System (as defined hereafter) has historically been and continues to be operated 88 an "enterprise" within the meaning of the Water Activity Law; and WHEREAS, it is the intent of the City to reaffirm the City "Water Utility Enterprise" under the Water Activity Law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Water Utility Ent,erpriae. There ill hereby reaffirmed, punruant to the terms and provisions of the Water Activity Law, the City of Englewood "Water Utility Enterprise" (the "Enterprise"). The Enterprise shall consist of the business represented by all of the City's water facilities and properties, now owned or hereafter acquired, whether situated within or without the City boundaries, including all present or future improvements, extensions, enlargements, betterments, replacementa, or additions thereof or thereto (the "System"). The Enterprise shall have all of the authority, powers, rights, obligations, and duties 88 may be provided or permitted by the Water Activity Law, the Charter, and the Colorado Constitution, and 88 may be further prescribed by ordinance or resolution of the City. The governing body of the Enterprise (the "Governing Body") shall be the City Council of the City, and shall be IIUbject to all of the applicable laws, rulea, and regulatiODB pertaining to the City Council. Whenever the City Council ia in -ion excising ita legal authority relating to any Enterpriae matter, the Governing Body shall alao be deemed to be in --.. It lball not be -,y far the Governing Body to meet aeparately from any meetiDc of the City Council, nor lhall it be n-.ry for the Governing Body to apecificaUy 8IIDOUDCe or acbowledp that actions taken thereby are tabn by the aov-iDc body of the Enterpriae. The Governing Body ia autboriaed to eun:iN the City's lepl authority relating to water activities as provided in the Water Activity I..w; provided however, the Governing Body may not levy a tu which ia IIUbject to Section 20(4) of the State Constitution. Sa;t;igp 2. JWiftratioo apd Alll!mral g( friAr Ac:tim•. All actions heretofore taken by the officers of the City and the members af the City Council, not inconaiatent with the provisions of thia Ordinance, relatiq to the operation or creation of the enterprise, hereby ratified, approved, and confirmed. Sec;tiqp a. Repealer. All orders, bylaws, ordinances, and resolutions af the City, or part. thereof, inconsistent or in conflict with tbia Ordinance, are hereby repealed to the extent only of such inconsistency or conflict. Sa;t;igp 4 . Sexerahjljty . If any section, parqrapb, clause, or provision of tbia Ordinance shall for any reason be held to be invalid or unen1-i,1e, the invalidity ~~nforceability of such section, parqrapb, clause, or provision lhall not affect ~ the remaining provisions of tbia Ordinance, the intent beinc that the ume are severable. -2- • . .. .. • • 0 , ]- - • • • • • !, Sec;tigp 5. Pub)ication and Eff@d;iye Date . This Ordinance, after ita final J>8811&ge, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk and by the Certificate of Publication. This Ordinance lihall become effective thirty (30) days after publication following final pauage. Introduced, read in full, and paaed CID fint readinc CID the 2nd day of September, 1997. Publillbed u a Bill for an Ordinance CID the 4th day of September, 1997 . Tbomu J. Buraa, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellis, City Clerk of the City of Bapewood, Colorado, hereby certify that the abaft and fonauinl ia a true copy of a Bill for an~. introduced, read in full, and paaed CID flnt readinc CID the 2nd day alSepwnher, 1997 . -3- • I • . .. • • 0 ORDINANCE NO . SERIFS OF 1997 • • • .. BY AUTHORITY A BILL FOR COUNCIL BILL NO . 85 INTRODU~CIL MEMBER~~'"'"--.... ..,._~- AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE ESTABLISHMENT OF ITS WATER UTILITY ENTERPRISE . WHEREAS, the City of Englewood (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the City Chart.er (the "Charter") and the Constitution and laws of the State; and WHEREAS, pursuant to Section 121 of the Charter, the City shall have the richt to exercise with respect to City owned utilities, including water and water n,hta and the acquisitioii·thereof, all of the authority and powers now provided by the statutes of the State; and WHEREAS, punuant to the proviaiona of Title 31, Article 35, Part 4, Colorado Revised Statutes, municipalities within the State are authorized to operate and maintain water systems; and WHEREAS, Section 105 of the Chart.er permits the City to iuue revenue bonds as now or hereafter provided by the statutes of the State for mllDicipalities of every c:lau and, pursuant to the provisions of Title 31, Article 35, Part 4, Colorado Reviled Statutes, municipalities are authorized to iuue revenue bonds for the acquisition, construction, reconatruction, leue, improvement, betterment, or utenaion of any water facilities; and WHEREAS, pursuant to Seetim 99 of the Charter, the account1 of each utility owned and operated by the City muat be kept aeparate and diatinct from all other ICCOUllta al the City in such manner u to abow the true and compleie ftnancial result of such City ownership and operation includin( all aueta, liabilities. revenues, and upenaes in accordance with a uniform cl•MiftcatioD of accounta and lhall contain proportioaate charps for all service1 performed by other daputmentl for such utility, u well ea proportionate creclita for all aemce1 rendered; and WHEREAS, pursuant to the proviliona ofTitle 37, Anicle "5.1, Colorado ReviMd Statutes (the "Water Activity Law"), municipalities which have their own boadiq capacity are authorized: (il to continue to maintain water enterpriaa for the purpoee of punuinf or continuinf ,...ter activities; (ii) to iuu. or reiuue bond. or other obliptiona payable from the revenue1 derived or to be derived from the enterprise, the tenna and conditiona of such bonda or othar obliptiom to be u Ht forth in the raolution authormn, the same and, ea nearly u practicable, u provided in Part 4 of Article 35 of Title 31, C.R.S., relatina to the i.uuaDce of water revenue bonda; and WHEREAS, in order to qualify u a water enterpriN under the Water Activity Law, the enterpriN muat conaiat of a pemment water actmty buaiDNa owned by a ,ovemmental entity such ea the City, which mterpriN ~-under lO'll, of ita annual revenu• in ,rantl from all Colorado Stace and local ,ovenunenta combined, and which ia authorized to iuue ita own revenue bonda; snd .. .. • • 0 ]- • • ,.. • ~ · .... • <, WHEREAS, as stated in the Water Activity Law, any water activity enterprise maintained punuant to the provisions thereof are excluded from the provisiona of Section 20 of Article X of the State Constitution; and WHEREAS, the System (aa defined hereafter) has historically been and continues · to be operated as an "enterprise" within the meaning of the Water Activity Law; and WHEREAS, it is the intent of the City to reaffirm the City "Water Utility Enterprise" under the Water Activity Law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Ses:t;jon 1. Water Utility Enterprjae. There is hereby reaffirmed, punuant to the terms and provisiona of the Water Activity Law, the City of Englewood "Water Utility Enterprise" (the "Enterprise"). The Enterprise shall coD.liat of the busineu represented by all of the City's water facilities and properties, now owned or hereafter acquired,"'lfhether situated within or without the City boundaries, including all present or future improvements, eictensiona, enlargements, betterments, replacements, or addition. thereof or thereto (the "System"). The Enterprise shall have all of the authority, powers, rights, obligations, and duties aa may be provided or permitted by the Water Activity Law, the Charter, and the Colorado CoDltitution, and u may be further prescribed by ordinance or resolution of the City. The govemin( body of the Enterprise (the "Governinc Body") shall be the City Council of the City, and shall be subject to all of the applicable laws, rules, and resulationa pertaiDiDc to the City Council. Whenever the City Council ia in sesai~ excising its lepl authority relatinf to any Enterprise matter, the Govemin( Body shall a1ao be deemed to be in session. It shall not be n~ for the Governinc Body to meet separately from any meetin( of the City Council, nor shall it be necessary for the Governmc Body to spec:iftcally announce or aclm.owled,e that action. taken thereby are taken by the pveminf body of the Enterprise. The Govemin( Body is authorized to uerciae the City's lepl authority rwlatinf to watm activities u provided in the Water • .\ctivity Law; provided boweYer, the GoYernin, Body may not levy a tu which ia subject to Section 20(•> of the State Conltitutim. Scs;tign z. B,tjflqtjgn and Apprpu,l of Pripr ;\c;tjgn•. All actiOlll heretofore tum by the offlcen of the City and the members of the City Council. not incomistellt with the provisions of this Ordm.ance, rwlatinr to tbe operacioll or c:readoo ol the enterprise, hereby ratified, apprond. and confirmed. Ses:t;jpp 3. Ra911ler. All orden, bylaws, ordinances, and n190luciona of the City, or parts thereof, inconsiatellt or in c:ontlict with this Ordinance. are berey repealed to the extent only of such inconaiateDcy or CODtlict. Sm;tipp f . Suecehjljty. If my NCtion, parasnpb, claUN, or provision of thia Ordinance shall for any reuon be bald to be invalid or unenforceable, tbe invalidity or unenforceability of mch MCtion. pancraph. clause, or provision shall not dlact any of the remaininc provisions of this Ordinance, the intent beinf that the same are severable. -2- • . . I' - . , .. • • 0 - - .. • • r • .. · .. • . . Sectim s pghJjqtjqp Md E1'fldin Dea Tbia Ordirm, ._ m flDal puup, lball be IUllllbencl wl ~ and die ........... pnNic:etim lball be •11th-tt •t• by die lipatme oldie lla,ar wl 1:be Qty Clerk wl by die c.t:i&ete al P..Nt•etirr Tbia OrdiDeDl::e lbel1 became l&diff ddnJ (30) de.,a ebr pnblicatioa fal1owiq tlDal pueep . latnda,cad, rwl ill fall, ead pueed ca tint readiac • tbe 2Dd day afSeplaaber, 199'7. Publiebed • a Bill fill' Bil Ordiaame ca die 4th day afS.-,ber, 1997. ATTEST : Loucriebia A. Bllia, City Clerk 1, Loucrilbia A. Bllia, City Clark al die City al ........ Colaredo, benby certify diet tbe elloft_.wl lanpiac ia a t:rae capy of. am fill' 9ll OrdiaaDce, iDt:roclueed, reed ill ftal1, wl pueed Oil tint reedmc ca 1:be 2Dd day of September, 1997 . -3- 6' -. ' • I ' . • . • I .. • • 0 • • ]- - • ,.. • • . . \, I COUNCIL COMMUNICATION :, 0.. Agendallam Subject September 2, 1997 Bil for an Ordinance reafflnning Ila.. iii the establishment of the Wat.r Utllllv lnlllmd By Staff Source Cltvof ~ . Utililies Stu Fonda, Ondol" COUNCIL GOAL AND PREVIOUS COUNCL ACTION The Council hu made the CNWal quality of .. of the cillz8nl tl,ey a.ve • priority. which indudes watar quality and ur.ty. Thia action ii nec:euary ID ..an a low COit funds ID improve the Allen Watar Treatment Plant. RECOIIIENDED AC110N To 19afflrm, ~ ID the 1lafflla and provilionl al the W.. AdMly Law, .. City al Engl• :aod -w .. Ulilly EnllrprtN" {lie -en.,p,tse1. The EnllirprtN ltlll conlilt al .. buli-. •••• bf al al .. City',_.--.. and pn,pertlel, now owned or.._.. acqulNd, ...._ llulllld w11w, or wiblut .. City boundartN. lncluclng al pr-,t or Min impla .... -. 1 II lllicli•. ••gemaltl. blalm•IIS. ,....._, or addlllol•..., or.._ (lie "'S!l-•'1-The El..,._ ltlll '-al al .. aulhority, pow91'1, rtghls, ablgala -. and dl*e • may be PffMded or pe.11llalld e,, thew.. AC1Mty Law, the Chartar, and the Colorado eon••..,. and• may be furtw pr9ICr1bed bf onll • a or l'NUlulion al .. City. FINANCIAL.IMPACT Thia bil for an ordinance does not dnclly impact .. City's tlnancial c:oucllion . LIST OF ATTACHIIENTS Proposed bill for an ordinance ' . .. . ' •. ]- - • "' -. ,. . " · .. • •. COUNCIL COMMUNICATION Date Agenda Nam Subject September 2, 1997 BIH for ordinance approving a loan betwNn the Colorado JI 0-i v Wear Resources and Power Development Authority in the c.... aggregata principal amount not to eXCNd $15.5 mWion lnlllatad By Slaff Source . Citv of Enalewood Utilities Stu Fanda Director COUNCIL GOAL AND PREVIOUS COUNCL ACTION The Council has made the overall quality cf life of the citinns they Nl'V8 • priority, which includes water quality and safety. This action is necesury to 18C1A a low cost funds to improve the Allen Wear Treatment Plant. RECOMMENDED ACTION A Bond shall be in the principlll amount not to -=-cl $15,500,000, lhllll be IUbjed to rwpayment in the amounts and on the dallN, and lhllll be IUbject to prior redei1,plion • Mt forth in the flna,cing Documents. The maxinun net.,,..,. ii-.. ,.. aulhortllld for the Bond ii 5.5~ per annum. and the actual net effective ---..... cf .. Bond .... not .... u:tl ,., The ftnal llrml and conditions regarding the Bond lhllll be I 111......,_ by fwealullan cf the City llfllr the ~ cf the Authority Bonds. The City shllll uac:ue. and dllMr .. Bond '° the Authority • evldela cf the Loan Repayments. Staff recommends City Council approve the allllched bil for an ordinance. FINANCIAL IMPACT This bill for an ordinance will increae thew-. Utllty ErMrpriN debt no men tw, $15.5 millon. UST OF ATTACHMENTS Proposed bill for an ordinance ' ' .. ., • • 0 • ]- • • ORDINANCE NO. _ SERIES OF 1997 .. • • • BY AUTHORITY AIIILLIOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE, APPROVING A LOAN BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,500,000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE SYSTEM COMPRISING THE WATER UTILITY; AUTHORIZING THE FORM AND EXECUTION OF A LOAN AGREEMENT AND A GOVERNMENTAL AGENCY BOND EVIDENCING THE LOAN; PROVIDING THAT THE GOVERNMENTAL AGENCY BOND BE PAYABLE FROM REVENUES OF THE WATER UTILITY ENTERPRISE; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, acting hereunder by and through its Water Utility EnteJpriae bentorore eatabliabed by the City and reaffirmed under the proviaiona of Title 37, Article 45.1, Colorado Reviaecl Statutee, ia a home rule municipality of the Stat.e of Colorado (the "State") duly orpnmd and operating under the City Charter (the "Charter") and the Coutitution and laws of the State; and WHEREAS, the Water Utility Enterprise c:onaiate of the~ ~t.ed by all of' the City'• water facilitiea and properties, now owned or benefter acquired, whether aituat.ed within or without the City boundaries, includiq all ,._t or future im.,.-ta, ezt-Micme, ealarpments, betterments, nplan-ta, or additions thereof or thent.o (the "Syatem"); and WHEREAS, the City Cormcil al the City (the "City Cormcil") baa baraWuae cletermined aad .. ....., ----that it ia ll8Callll7 to...-the a,... throup, ................ the im~t al the CitJ'• ..... tr tsmt facilitiea and water dilltributicm .,._ (the "Project"); and WHEREAS, to~ the eatine+d _.. al the Pnled, the City Cormcil baa determined to enter into a 1-aar-t (the "Loan Acr mt") with the Colorado Water e-n:. and Power Dnelopment Autbority (the "Alltbuiity"), a body corporate and political aubdiviaion al the State, panullDt to wbicb the Authority ab,all loan the City an amount not to aeeed $15,500,000 (the "Loan"); and WHEREAS, the Authority will obtain moneys to fund the Loan to the City thnJuab the iuuance of its Drinking Water Revenue Bonda, 1997 SeriN A (the "Authority Bonda"); and WHEREAS, the City'a repayment obliptiona under the Loan Air-mt ab,all be evidenced by a pvemmmtal apncy bond (the "Bond") to be iamed by the City to the Authority which abaU be payable aolely from and __. by a ,._.,. al and an im,vocable and nonucluaive lien on the net incmne and n,ymue al the Synma; and WHEREAS, the City'a obliptiona under the Loan Asr-t and the Bond ahall not conatitute II debt or indebt.edneaa of the City within the melllliq al any ·. . ; • . .. • • 0 ]- • • • • <. constitutional or statutory provision or limitation, nor shall it be considered or held to be a general obligation of the City; and WHEREAS, as stated in the Water Activity Law, any water activity enterprise maintained punuant to the provisiona thereof are Mcluded from the provisions of Section 20 of Article X of the State Constitution, including without limitation the requirement that the City have voter approval in advance prior to the creations of any multiple-fiacal year direct or indirect debt or other financial obligation whatsoever; and WHEREAS, in accordance with Section 110 of the Charter, prior to the final approval of this Ordinance the City llhall conduct a public sale for the issuance of the City obligation authorised hereby, such obligation to be sold to the highest and beat bidden for callh, and to the beat advantage of the City; and WHEREAS, prior to the final approval of this Ordinance there hu been presented to the City Council, a form of Loan Agreement and a form of the Bond (collectively, the "Financing Documents"), and other documents referenced therein; and WHEREAS, the City Council deairell to approve the form of the Financing Documents and other documents reference therein, authorize the MeCUtion thereof, and authorize the isauance of the Bond; and WHEREAS, neither the Mayor, nor any member of the City Council hu any financial interest or other potential conflicting inter.ta in connec:tioo with the authorizatioo, iuuance, or sale of the obligation authori&ed hereby, or the use of the proceeda thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AB FOLLOWS: Sec:tim 1. AewPYNI Au&borietime Md tmendment.a. In accordance with tbe ConatitutiOD of the State ofColando, the Cbarta, Title 31, Article 35, Put 4, C.R.S., Title 37, Article '5.1, C.R.S., and all otbm-lm of the State of Colorado enabtiat, there llhaU be iNued by the City, actinc by and throu,b the ita Entapriae, the Bond . The form of the Financing Docummta, NUinc forth inter alia the t.erma, coaditiom and dewla of the Bond and the procedurN relatin, thereto, are incoq,orated t.rein by reference and are hereby apprmed; and the City abaU mw into the PiDaDciq Documents and deliver the Bond, and perform ita obliptiana thseunder, in aubatantially the form s--ted at this meeting with ODly aucb chanpa u are not inconsiat.ent herewith; provided that aucb docummta may be complea,d, COl'l'9ded, or revised u deemed n--,y by the parties thereto in order to carry out the purpoaed of this Ordinance. Sec:l;iqp 2. 8gpd Qeteil• The Bond llhaU be in the principal amount not to uceed $15,500,000, llhaU be subject to repayment in the amounta and on the data, and llhaU be subject to prior redemptioo u set forth in the PiDaDciq Docummta. The maximum net effective interest rate authori&ed for the Bond is 5.5., per annum, and the actual net effective intereat rate of the Bond llhaU not uceed aucb rate. The final terms and conditions regardins the Bond llhaU be ..tabliabed by rwlutiOD of the City after the marketing of the Authority BOllda . The City llhaU euc:ute and deliver the Bond to the Authority u evidence of the Loan Repayments (u de&aed in the Loan Agreement). 'lbe Bond llhaU be substantially in the form aet forth in the Loan Agreement. ' ' ' .. • • . ' • 0 -• • • . ' <. ~ Section 3 l,imjted Obljptjon The principal oduie interest on the Bond ahall be payable eolely &om the net revenue derived &om the operation of the System, aa set forth in EXHIBIT A to the Loan Agreement (The "Pledged Property"). The City irrevocably pledpe the Pledged Property for the payment of the Bond and the amounts due under the Loan Agreement. Neither the Authority nor any holder of the Authority Bonda may look to any general or other fund of the City for the payment of the principal of or interest on the Bond, gcept the funda and accounts pledged thereto by this Ordinance, and ahall not constitute a debt or an indebtedneaa of the City within the meaning of any COlllltitutional or statutory proviaion or limitation; nor ahall they be c:onaidered or held to be a general obligation of the City. No elected or appoint.eel offieers or agents of the City llhall be aubject to any pecuniary liability in connection with any agreement, covenant, or undertaking by the City, or by them in their official capacity, contained in any document gecut.ed in connection with the authorization, execution, and delivery of the Financing Documents or this Ordinance, or with respect to any action taken or omitted to be taken in good faith with reference thereto. Sec;tima • Authority'• Official &ueroeot The appropriate oftieers and employees of the City are hereby authorized and directed to furnish and aupply information concerning the System to the Authority for use in the Authority's Official Statement prepared in connection with the offering and sale of the Authority Bonds. Section 5 Bond Aq;ount There is hereby created and eetabliahed aa a book account of the City's Water Utility Fund the "Colorado Water Reaourcea and Power Development Authority 1997 Bond Account" (the "Bond Account"). The City ahall credit to the Bond Account each year &om the Pledged Property an amount sufficient, together with other moneys available therefore in the Bond Account or othenriae __ ~ available aa provided in the Financing Documenta, to pay when due the principal of lN\llr the interest on the Bond. Monies held in the Bond Account may be inveatecl or depoeit.ed in acc:ordanc:e with the State of Colorado. Any inveatment income earned on amounta on depoait in the Bond Account ahall remain in the Band Account until the Bond is fally paid, aatillfied, and diac:harpd. Section fi DilPClliticwa ,t Pnreede fnm Jen· 6uthcw:ietim ,t Pmirt The proceeda of the Authority Bonda allocallle to the City lball be applied anly to pay the coats of the Project (u defined in the Loan ~t) wbicb are~ pursuant to the terma of the Loan~ ud Section 31-35-40.1(2), C.R.S .. Naitlier the Authority nor any IWINCll*lt oww(1) of the Bond abaU be ........,.Ne for the application or dispoaal by the City or uy of ita offlcerw of the funda deriwd ftom the Bond. In the event that all of the proceeda of the Bond are not required to pay auch C09tl and e:a:penaea, any remaining amount ahall be uaed for the purpoae of payinc the principal of and interest on the Bond . The Project i1 hereby authorized and approved, and the appropriate officen and employeea of the City ahall and are hereby authorized and directed to tab all actiona neceuary to the acquisition, c:onatruc:tion, ..-.truction, im~t. betterment, or 8l[tenaion of the Project from the proceecla of the Bond and, to the atent -.ary, from any other legally available moneya of the Syatem . It is hereby determined that the Bond matures at such time not eueeding the eatimated life of the Prqject. ' . . •. .. • • 0 • Y' • .. · ... • ... Section 7 Authorization t.o E1ecut.e Dos;umenk and City Bem:ee@ntatiye The Mayor and City Clerk are hereby authorized and directed to execute the Financing Documents, to execute amendments to any contracts with System WM!1'II to the extent necesaary to comply with the City's covenants and representations set forth in the Financing Documents, and to authenticate and aftiJ: the seal of the City thereto, and further to execute and authenticate such other documents, instruments, or certificates 88 are deemed neceuary or deeirable in connection therewith. The e:a:ec:ution of any documents, inatruments, or certificates by said officiala llhall be ccmduaive evidence of the approval by the City of such documents, imtrumenta, or certific:at.N in accordance the terma thereof and tbia Ordinance. Punuant to EXHIBIT B of the Loan Agreement, the Mayor, the City Manager, and the City Finance Director are hereby deaignated 88 the AutboriJ:ed Officera (88 defined in the Loan Acr-ent) for the JIUl1IMe of performing any act or eucuting any document relating to the Bond, the City, or the Loan Agreement. A copy oftbia Ordinance llhall be fumiahed to the Authority 88 evidence of such deaignation. Sectipn 8 IW,ifiratign and AAu:oxal of Prior Ad;ign• All actiOD8 (not inconaiatent with the proviaiona of tbia Ordinance) heretofore taken by the officera and of the City, and the memben al the City Council, relating to the Financing Documents, or actiODII to be taken in reapect tbereof, are hereby ratified, approved and confirmed. Sectign 9 lpqmta,tebiljty Rec;jtal n.e Bond may recite that it ia iallUed under the authority of Title 31, Article 35, Part 4, C.R.S .. Such recital llball ccmduaively impart compliance with all proviaiODII and limitatiom of said Part 4, and such Bond iallUed containing such recital llhall be inccmtestable for any e&Ulle whata.ver after its delivery for value. Sedioo 10 Bereeler All ordinancee, -lutiona, bylaws, orden and other instruments, or puts thereof, incouiateot or in CODflict herewith are hereby repealed to the atent only of such incmsietency OI' conflict. Thia ....-Ier llhall not be comtnie to revive any ordinamce, l"NOlution, bylaw, order or otbm-inmummt, or part~ beret.obe repealed . Sedioo 11 SeunbUilJ If any NdMm, aubw:tion, ,.........., claw or atbm- prOYiaion al tbia ~ ahall far any -be beld to be inftlid - unenforc:eable, the innlimty • aaafu: ability tbereof ahall not d'ect any al the remainint aectiODII, avbaedima, .............. claaw or a-o,iaiow al tbia Ordinance, the int.mt beiq that the aaae are aetenble. Sedioo 12 fl•Nketior M4 MidiYe 1>tM Thia Ordinance, after its final paaeqe, llhall be numbered and .-decl, and the adoption and publication ahall be authenticated by the aipature of the Mayor and the City Clerk and by the c.tiflcate of Publication. Thia Ordinance lhall be come effeetive thirty (30) claya after publication following final pauqe. Introduced, read in full, and puaed on &rat reading on the 2nd day of September, 1997. .. "~ . , • . .. • • 0 ]- - • !I" • · .. • . <' .... Publiahed as a Bill for an Ordinance on the 4th day of'Sept-,ber, 1997. 'lbomaa "· Buru, Mayor ATTEST: Loucriabia A Ellia, City Clerk I, Loucriabia A Ellia, City Clan of' tbe City of' Enclewoocl, Colorado, hereby certify that tbe abcwe and forepiq ia a true copy of' a BiD far an Ordinance, iatrodacecl, read in full, and l)Uled on tint l"lllldinc on tbe 2nd day of' Sept-, .. 1997. Loacriabia A Bllia ' ' .. . , • • • 0 , • - • ORDINANCE NO. _ SERIES OF 1997 . ' • • • '· BY AUTHORITY A BILL FOR ,.. r. COUNCIL BILL NO. 84 INTRODU«~ !3Y COUNCIL MEMBER ,,,,i4,g AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE, APPROVING A LOA..'l BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY A..'10 THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,500,000 FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE SYSTEM COMPRISING THE WATER UTILITY; AUTHORIZING THE FORM AND EXECUTION OF A LOAN AGREEMENT AND A GOVERNKENTAL AGENCY BOND EVIDENCING THE LOAN; PROVIDING THAT THE GOVERNMENTAL AGENCY BOND BE PAYABl.t"FROM REVENUES OF THE WATER UTILITY ENTERPRISE; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Eziciewood, actinc bereunder by and throuch ita Water Utility Enterprile heretofore enabli•bed by the City and reaffirmed under the provisions of Title 37, .Article 45.1, Colorado Reviaed Statute., ii a home rule municipality of the State of Colorado (the "State") duly orpnized and operatiuc under the City Charter (the "Charter") and the Constitution and laws of the State; and WHEREAS, the Water Utility Enterprise c:onautw of the buainaa repreNDted by all of the City's water facilitiea and propertiea, now owned or hereafter acquired, whether situated within or without the City boundariea, iD.cludin, all preMllt or fllture improvements, extensions, enlarpmenta, bettermenta, replacements, or additiODI thereof or thereto (the "System"); and WHEREAS, the City Council of the City (the "City Council") bu banlt.afore determined and doea benby determine that it ia n-.ry t:o imprc,q the System through, amonr other tbinp, the impao,_t oftbe City'•-• treatment facilitiea and water distribution .,.em (the "Project"); aDd WHEREAS, t:o finance the Ntimated caata of the Project, tbe City Coancil bu determined to enter iDt:o a loa acr-t (tbe "Loa AfrMmmt") with tbe Colorado Water Resources and Power DeYelop-t Autbority (the "Authority"), a body corporate and political IUbdiviaiaD of the State, punuant to which tlw Authority shall loan the City an amount noc to -=-I $15,500,000 (the "Loan"); and WHEREAS, the Authority will obtain moa-,. to fund tbe Lou to tbe City tbrouch the iaauance of its DrinkiD( Water ReYmue Bonda, 1997 Seria A (tbe "Authority Bonds"); and WHEREAS, the City's nipaymat oblipciou under the Lou Acnan•t shall be evidenced by a ,ovemmental aawncy bond (the "Bond") to be iuued by tbe City to the Authority which shall be payable IOlel)' fnD and NeUnd by a pledp of and an irTevocable and nonucluaive Ii• on tbe net income and reveDue of the Systam; and WHEREAS, the City', obliptiom under the Lou AcNement and the Boad shall not conatitute a debt or indebtednna of the City within the meaninr of any ' . . 1'- . ; • . • • • 0 ]- ]- • • • constitutional or statutory provision or limitation, nor shall it be considered or held to be a general obligation of the City; and WHEREAS, as stated in the Water Activity Law, any water activity enterprise maintained pursuant to the provisions thereof are excluded from the provisiona of Section 20 of Article X of the State Constitution, including without limitation the requirement that the City have voter approval in advance prior to the creations of any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever; and WHEREAS, in accordance with Section 110 of the Charter, prior to the final approval of this Ordinance the City shall conduct a public sale for the issuance of the City obligation authorized hereby, such obligation to be sold to the highest and best bidders for caah, and to the best advantage of the City; and WHEREAS, prior to the final approval oftbi.l Ordinance there haa been preHDted to the City Council, a form of Loan Agreement and a form of the Bond (collectively, the "Financing Documents"), and other documents referenced therein; and WHEREAS, the City Council desires to approve the form of the Financing Documents and other documents reference therein, authorize the e:a:ecution thereof, and authorize the issuance of the Bond; and WHEREAS . neither the Mayor, nor any member of the City Council haa any financial interest or other potential c:onflictinr intensts in connection with the authorization, issuance, or sale of the obligation authorized hereby, or the use of the proceed, thereof; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Ses;tion 1. :\pprovals Authociutioo, ud Amepdmepy . In accordm with the Constitution of the State of Colorado, the Charter, Title 31, Article 36, Put 4, C.R.S., Title 37, Article 45 .l , C .R.S ., and all other lawa of the State of Colorado enabliq, there shall be issued by the City, actin, by and throuch the its EnterpriN, the Boad. The form of the Financ:inc Documents, Nttinc forth inter alia the term.I, conditiona and details of the Bond and the proceduna relatinf tbent.o, are illcorporatecl benin by reference and are hereby appnlftd; and the City shall entar into the FiDanciDc Documents and deliver the Bond. and perform its oblipaoaa ~. in substantially the form presented at this meetinf with oaly such cbanp9 u are l10t inconsi1tent herewith: provided that 1uch documents may be completed, corrected, or revised u deemed neceuary by the parties thereto in order to c:an-y out the purpoeed of this Ordinance. Ses;tiop 2. Bond Pct•iJ•. The Bond shall be in the principal amCJUDt l10t to aceed $15 ,500,000, shall be aubject to repayment in the amounts and on the dat81, and shall be subject to prior redemption u set forth in the Financinc Documents. The maximum net effective interest rate authoriad !or the Bond ia 5.5 .. per aDDum, and the actual net effective interest rate of the Bond shall not UCNd such rate. The &w terma and conditions reprdiq the Bond shall be establia!Md by r990lution of the City after the marketinf of the Authority Bonds. The City lhall eucute and deliver the Bond to the Authority u evidmce of the Loan Repayments (u defined in the Loan Acreement). The Bond shall be substantially in the form Ht forth in the Loan Arreement. . ' • • 0 • ClY ~ cc '1t 111 F C • • • • ·~ Section 3. Limited Obljptjgn The principal of and tbe intense on tbe Boad sball be payable solely from the net revenue derived from bl operation oftbe System. a let forth in EXHIBIT A to the Loan Ap,,ement (The "Pledpd Propeny"}. The City irrevocably pledges the Pledpd Property for tbe pa,ment of tbe Boad ud tbe amomata due under the Loan Agreement. Neither the Alltbarity nor an:, bolder of the Aatbority • Bonda may look to any pneral or other ftmd of the City for the payment of tbe principal of or interest on the Bond, escept tbe fwula and IICCOUDta pi.dpd thereto b:, tlm Ord.in.Ulce, and shall not coutitute a debt or an indebtednea of the City wnbin the meamn, of an:, eomtitutiaaal or statutory proviaion or limitation; nor shall they be comidered or held to be a pneral obliption of the City. So elected or appointed of!lcers or apDta of the City shall be llllbject to any pecuniary liability in coanec:tioll with any qreement, covenant, or undertatm, by the City, or by them in their ofBcial capacity, CGlltained in any document uec:uted in COIIIUICtion with the authorization. eucutiaa, and delivery of the Fi.nancinc Doc:ummta or this Ordinance, or with respect to any action taken or omitted to be taken in iood faith with rer.-thereto. Sed;jgn f Aptbqrity'• Offld•I Ste1:«rnm& The appropriate officers and employw of the City are hereby autborized and directed to fumish and supply information concerninf the Synem to the Authority for use in the Authority's Ofllcial Statement prepared in c:onnection with tba otferiq and sale of the Authority Bondi. Sectjan 5 Rgnd Ag;Qupt. There ia hereby created and eatabliahed • a book account of the City'• Water Utilit:, Fund the "Colorado Water BelourCN ud Power Development Authority 1997 Boad ~t" (the "Bond Account"). The City lball credit to the Bond Account each year from tbe Pledpd Property an amomat ldlcieDt. toptba-with otber m-,. aYUlable tbardn in tba Boad AccoaDt or odmwiN aYailable • provided in tbe FinanciDr Documeaia, to pay when dua the priDdpal of and die intarwt OD the Boad. Monia halll in tba Boad MCOUDt may be inveatad or depaeited in armrduce with the State of Colorado. Any in...cment income NrMCl OD .-ma OD dapaeit in the Bond Account shall NIID&UI in tu Bcmd Accomlt UDtil the Boad ia fa1ly paid, aatiafled. and dilcharpd. Sw;t;iqp ft. Qiemeit:im qi Pnrede tam Ian· Aesbmi11Ck!n qi Pn;ect The procaedl of tbe Autbarity Bonda allocabla to tbe City lball be appliad oal:, to pay the COit.a of the Project (a ddud in tba Loan A,raanat} which an parmittad punuut to tba tcma of tbe Loan Acnemmt and Sectim 31-36-403(2), C.ll.S .. Nmber the Aucbority nor any lllblequat owur<1> oftbe Boad lball be rNpCllllible tbr tbe applicatioa or dilpola1 by tba City or any of ita afflcen of tba fuDda derind lrma tbe Band. In the eftDt that all of the l,1l'IICNda of the Boad an not rwquired to pay l'1Cb cmta ud apea-. any nmainin1 -t sball be uwl for tha purpoae of pa:,inr tbe principal and incereat OD tu Bond. The Project ia hareby autborizad and approved, and tha appropriata am... and employeea of the City shall and an banby autborized and dinctad to tab all aalaaa n-.ry to tha uquilitim, coutructiaD, ~. improftlllmt, ~t. or ataDliOD of tbe Project from tbe procwll of tbe Boad and. to tbe .-& a 1 17, from any othar lepll:, available maaa,a of the Syatam. It ia banb)-cleteniaiMd tbat tbe Boad macuna at IUCh time not aceedins tbe lldmated life of the Praject. • • 0 r 32)(.I -• • • ,. Section 3. Ljmjted ObJjgatjon . The principal of and the interest on the Bond shall be payable solely from the net revenue derived from ~e operation of the System, as set forth in EXHIBIT A to the Loan Agreement {The "Pledged Property"). The City irrevocably pledges the Pledged Property for the payment of the Bond and the amounta due W1der the Loan Agreement. Neither the Authority nor any holder of the Authority Bonds may look to any general or other fund of the City for the payment of the principal of or interest on the Bond, except the funds and accounts pledged thereto by this Ordinance, and shall not constitute a debt or an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation; nor shall they be considered or held to be a general obligation of the City. No elected or appointed officers or agents of the City shall be subject to any pecuniary liability in connection with any agreement, covenant, or undertaking by the City, or by them in their official capacity, contained in any document executed in connection with the authorization, execution, and delivery of the Financing Documents or this Ordinance, or with respect to any action taken or omitted to be taken in iood faith with reference thereto. Section 4 Authority's Official St;at,ement The appropriate officers and employees of the City are hereby authorized and directed to furnish and supply information concerning the System to the Authority for use in the Authority'3 Official Statement prepared in connection with the offering and sale of the Authority Bonds. Section 5. Bond Account . There is hereby created and established as a book account of the City's Water Utility Fund the "Colorado Water Resources and Power Development Authority 1997 Bond Acco~t" (the "Bond Account"). The City shall credit to the Bond Account each year from the Pledged Property an amount sufficient, together with other moneys available therefore in the Bond Account or otherwi.ae available as provided in the Financing Documents, to pey when due the principal of and the interest on the Bond. }lonies held in the Bond Account may be invested or depoaited in accordance with the State of Colorado. Any investment income earned on amounts on depoait in the Bond Account shall remain in the Bond Accowit until the Bond ia fully paid, satisfied. and diacharpd. 5ed;iqn 6. Di1PAfitiAP q( Prrreede fmlD Teer· AutbodaRoo pf Pm;ect. The proceedl of the Auibority Bonda allocable to the City shall be applied only to pay the costs of the Project (u de6ned in tbe Loan Acnement) which are permitted punuant to the terms of the Loan ,\p'eement and Sec:ti.OD 31-35-403(2), C.R.S .. Neither the Authority nor any subeequmt owur(1) oftbe Bond shall be reapomible for tbe application or diapoeal by the City or any ol ita o6:en of the funds dari•ed from the Bond. In the event that all of tbe proceeda ol tbe 8oad are not required to pay such costs and espen-. any remainin, amount lhall be 1188d for the purpoee of payiq the principal and intereat on the Bond. Tiw Project is hereby authorized and a~ and the appropriate afflc:en and employees of t he City shall and are hereby authorized and direct.ad to take all actionl neceuary to the acquisition, conatructiOD, ~. impro,re-t, bettarment, or exteuiOD of the Project from the procNdl ol tbe Bond and. to tbe utaat --.ry, from uy other lerally available moae,'I of tbe s,.... It ii banby detamiDecl that the Bond matures at such time not aceecliq tbe eatimated life af tbe Project . ' • I ' .. • • 0 ,_ I ]- s • Y' • • .. ... Section 7. Authorjytjon tp Epc;ute Qosunenw and City Besu:ntntat;iu. The Mayor and City Clerk are hereby authorized and directed to execute the FinaDc:inc Documents, to execute amendmenta to any c:ootracta with System UHJ'S to the utat necessary to comply with the City's covenanta and repraentationa set forth in the Financing Documenta, and to authenticate and aftis !:he seal of the City thereto, and · further to execute and authenticate such other doc:umenta, imtrumenta, or certi&ates • as are deemed neceuary or deairable in c:onnectioD therewith. The execution of any documents, instruments, or certificates by uid otBcia1a aball be concluaive mdmce of the approval by the City of such doc:umellta, imtrumelltl, or c:ertillcatea in accordance the terma thereof and tbia OrdinaDce. PanuaDt to EXHIBIT B of tbe Loan Agreement, the Mayor, the City Manapr, and tbe City PiDance Dinctor an hereby designated u the Authorized Of!lcen Cu deflmd in the Loan Acreement) for the purpoee of performin( any act or euc:utmc uy doc:ament relatiDr to the Bond, the City, or the Loan A,reement. A copy of tbia OrdiDaDce aball be fumiabed to the Authority u evidence of such delipatiClll. Scd;igp a. Wfic;atigp and Apm:pul of PriQr &:time All actioaa <not incomiaten't with the proviliona of tbia OrdinaDce) beretofwe tabn by the ofllcera and of the City, and the members of the City Council. relatiD( to the FiDaaciq Documenta, or actiom to be taken in respect tbereoC, are hereby ratifted, apprond and confirmed. Scd;iop 9. Inc;gptafttlbjlity Bes:itaJ The Bond may recite that it ia iuued Ulldar-tbe authority of Title 31, Article 35, Part 4, C.R.S .. Such recital aball coacluainly impart compliance with all proviliom and limitations of said Part 4, ud such Bond issued containing such recital shall be inconteatable for any cauae whataoe,,v after ita delivery for value. Sgtiop 10. BeptAJ•r. All ordinanca, rNOlutiom, bylawa, orden and otber instrumenta, or parts thereof, incoalilt«lt er in coa1lic:t herewith an hereby l'9pNled to the utent only of such inconlliateacy or coallict. Tbia repealer shall uot be construe to revive any ordinance, rNOlution, bylaw, order or other imtrument, er part thereof', heretofore repealed. Sed;jop 11. Seyer•bjlity. If any NCtiGD, aabNctiaD, puacrapb, claw or other provilion of tbia OrdiDaDce shall for ay l'9UIID be bald to be inftlid or unenforceable, the invalidity or ~ dalnof' aball not a6ct aD7 of the remaininc NC:tiom, sabeec:tima, puacnpba, ~ er prcmaiou of this OrdiDance, the intent beiDc that the .... an ....-able. Sed;jgn 12. PubUc;atim encl 1ffl'ecsin PIM Tbia OrdiDance, after ita ftDal pauap, shall be numbencl and ~ and the adopaoo and p'lblicadaa aball be authenticated by the lipwun al the Mayor and the City Ci.rt and by the c.ti6cata of Publication. Tbia OrcliD.uce aball be come effec:t:ffe thirty (30) daya after publication followinf ftDal pauap. Introduced, read in fcall, and puled cm ant radina on the 211d day of Septiember, 1997. •. . , • • • 0 I -• ,.. • · .. • ; Puhliabed u a Bill for an Ordinance cm the 4th day of'~. 1997. '1bomu J . Banaa, Ma:,or ATTEST: Low:riahia A. Ellia, City Cln I, Low:tlabia A. Ellia, Cit)-Clark al tbe City al ........ Colorado. banby cartit., that the ahcwe and fi1npiq ia a tn. ~ala BiD tr an Ordiuaace, introduced, read in ftlll, and paaecl cm flnt nadiq cm the 2nd day of'~ 1997. . . .,. . ' ' .. . ' •, ' • • 0 • • ]- • "' • "' . • ' COUNCIL COMMUNICATION 0.. September 2, 1117 11 CI COUNCIL GOAL NIO PREVIOUS COUNCIL ACTION Subject Supplemental apprupriltion and transfer of funds from the capital PnJjeda Fund to Ille Englewood Envlronmental Foundation Inc. Bob Simpson, Olr9ctor ,, - The Council approved RNOlullon 75, Sertes of 1117 on July 7, 1117. This Resolution transfemld $1 .1 mlNion to the Capital Prajeds Fund for Clndenllla Clly 118 costs. The City Is using the Englewood Environmental Foundation (EEF) to coordlnale the c:iea.up and OCher efforts relating to the redevelopment of the Cinderella City site. This action supports the Council's goal of supporting the redevelopment and enhancement of the City's commerclal envinlrlment. RECOMMENDED ACTION Staff recommendS City Council approve the altached resolution transfentng and appropriating funds to the Englewood Envtronmenlal Foundation. A budget Is altached regarding the propoeed uses of the transferred and approprialed funds. Sqyrqt pf fumll: Clndel'9III Clly .. Fund 8allnce Total SourCN of Funds $1,100,000 Rflpgo $1,355,000 $1,355,000 FINANCIAL .. ACT This appnip,talon and ...... wa lwduca Ille Capital PnJjeda Fund balance for Cinderella Clly t,r $1, 100,000 and Ille 111---fund balance~ 1215,000. UST OF ATTACHIIENTS PropoNd r'NOlullon EEF PnlpoNd lludgel • . . ., • . ' .. • • 0 - J - • BB80Ltffl0N JfO. s;&_ SBBll8 a, 1117 • . " • A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE CAPITAL PROJECTS FUND TO THE CITY OF ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC .. WHEREAS, the City Council of the City of Eapewood, Colorado by the pauap of Reeolution No. 75, Seri• of 1997 appnMlcl the tnufer of $1.1 million dollan t.o the Capital Projec:ta Fund for Cinderella City aite a.ta; uul WHEREAS, the City ia uain, tbe Bn,lewood EnYiroamental Foundation (EEF) t.o coordinate the clean-up uul odler eftilrta nilatin, to tbe reclff9lopment of the Cinilerella City lite; and WHEREAS, the tramfened ftmda are to be uaed aduaively for the itema budpted. by the EEF; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. The City of Englewood 1997 Budpt ia hereby amended u follmn: CAPfl'AL PROJECTS FUND: Smv:c@ g( Fupd1: Cinderella City Site Fund Balance Total IOUl'C8II of Funda Ute qf F!aode· Transfer t.o EEF-ucluaively for itema budpted. in lbbillit A. $1,100,000 S PfPl $1,3155,000 $1,3156,000 Sw;tian 2. The City Yaaapr and the Director of FinaDcial SrricN are bseby aut.boriwl to make tbe above c:baaaw to tbe 1997 Budpt of tbe City of Bllclewoocl. ADOPl'ED AND APPROVED thia 2nd day of Ausut, 1997. ATTEST : Tbamu J. Burm, Mayor Louc:riahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City of Eqlewoocl, Colorado, hereby certify the above ia a b'ue copy of Reeolutioo No._, Seriee al 1997. •. ' . ' •, I/ c.,; .. • • 0 -. - - r • • • ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC. IUDGIT CINDERELLA CITY SHOPPING CENTIR Aupat 21, 1997 MONTGOMERY WARDS -Leae pun:lme JOSUNS- Propeny acquisition EnviroameataJ evaluation EnvinJnmema1 cleanup COLORAOO NATIONAL BANK-Leae pun:bae RENZIOS -Leae pun:hae LEGAL SERVICES PROPER1Y MANAGEMENT SERVICES (2 ~) SERVICE CONTRACTS - (wilb .._...) 3 months@ S0,000 (without ...... ) 6 months@ 25,000 INSURANCE -Property 111d Liability (12 moatbs) SECUJlnY FENCING (12 months) CONllNGENCY ·-' 400,000 10,000 _.. 150,000 lag . , •. ~ ·- S32S,OOO '490,000 .. 20,000 IS,000 S0,000 S0,000 300,000 25,000 30,000 a.gag Sl,JSS,000 ,.i EXHIBJTA • • 0 - ,. • • C. • COUNCIL COMMUNICATION Data Agendaltam Subject September 2, 1997 Resolution authorizing the public sale of Water Utility II c .. Enterprise Revenue obligations II payable from revenues of the -Water utlHtv ::. lnlllatad By StaffSowce Cltvof:. Utilities Stu Fonda Ondo!' COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION The Council has made the overall quality of life of the c:itizenl they sen,e a priority, which includes water quality and safety. This action ii neceaary to NCU9 a low cost Midi from the Colorado Wat.er Resources and Power Development Authority to improve the Allen Water Treatment Plant The City Council intends to improve the Systam through, among other things, the improvement of the City's water treatment fadllties and water diltribulion lyst9m. To finance the estimated COits of the Project, the City Council intends to issue a bond in a principal amount not to exceed $15,500,000. The Bond shall be payable solely from and NCUnld by a pledge of and an irrevocable and nonexdUlive lien on the net income and revenue of the Syam. The City's obligations under the Bond shall not constitute a debt or indebladl 1e11 of the City within the meaning of any constitutional or statutory provision or limitation, nor shall it be conslder9d or held to be a gef*1II obllgallon of the City . Sealed bids for the sale of the Bonds shall be r9C8ived and opened publlc:ly on Sepmmbel 12, 1997. RECOMMENDED ACTION Staff recommends City Council approve the attached l'NOlution . FINANCIAL IMPACT This bill for an ordinance dou not diredly impact the City's finandal condition. UST OF ATTACHMENTS Proposed resolution ' ' , •. .. • • 0 - • BBSOLUTION NO. J3_ SBRIIB a, 1897 ' • • I• • A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS WATER UTILITY ENTERPRISE, AUTHORIZING THE PUBLIC SALE OF WATER REVENUE OBLIGATIONS OF THE CITY PAYABLE FROM REVENUES OF THE WATER UTILITY ENTERPRISE AND PROVIDING CERTAIN DETAILS CONCERNING THE PROPOSED SALE AND THE WATER REVENUE OBLIGATION. WHEREAS, the City of Englewood, in the State of Colorado, ia a municipal corporation duly organized and existing u a home rule city pursuant to Article XX of the State Constitution (the "Constitution") and the home rule charter of the City (the "Charter"); and WHEREAS, Section 110 of the Charter ~tly proviclea that bonds of the City llhall be aold to the highest and beet bidden for cub, and to the bMt advantage of the City; and WHEREAS, the City bu historically operated ita water utility as a government owned enterprise within the meaning ofSection 20 of Article X of the Constitution (the "Enterprise"); and WHEREAS, the Enterprise consists of the buaineu represented by all of the City's water facilities and properties, now owned or hereafter acquired, whether situated within or without the City boundaries, including all present or future improvements, utenaiona, enlargements, betterments, replacements, or additions thereof or thereto (the "Syatem"); and WHEREAS, the City Council of the City (the "City Council") intends to improve the System through, among other thinp, the improvement of the City's water treatment facilities and water distribution system (the "Project"); and WHEREAS, to finance the estimated coeta of the Project, the City Council intenda to iaaue a bond or bonds in a principal amount not to eKceed $15,500,000 (the "Bond"); and WHEREAS, the Bond llhall be payable aolely from and aecured by a pledp of and an irrevocable and noneKcluaive lien on the net income and revenue of the Syatem; and WHEREAS, the City'• obligatiOll8 under the Bond llhall not comtitute a debt or ind~ of the City within the meaning of any comtitutional or ltatutory proviaion or limitation, nor ahall it be considered or held to be a pneral obliption of the City; and WHEREAS, in compliance with Section 110 of the Charter, the City deairea to eatabliab the buia for obtaining bids for the bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectigp 1. Order for Sale g{ Bmde . Sealed bids for the Ale of the Bonda llhall be nmived and opened publicly on September 12, 1997, at the hour and place to be Bet by the Interim City Manager (the "Manager") and the City Financial Servicee Director (the "Finance Director"). Sale of the Bonda will be awarded by the City Council at its replar meeting to be held m September 15, 1997 . $ec;tjon 2 enhliratjon g{ Notjg, g{ Sale. The Finance Director ia hereby authorised and directed to provide for notice to be publiahed in the E1111lewood Herald at aucll time aa be ' ,. - . , • .. • • 0 - - • • • ·~ deems adequate to give reasonable notice of the propoeed sale, but no leu than once after the date hereof and at least four ( 4) days prior to the public sale date. Such public notice shall state that an "Official Notice of Bond Sale" has been prepared by the City, that said notice contains the terms, conditions, and provisions regarding the public sale, and that copies are available from the City upon written request. Section 3 Offisi•I Ngtic;e of Bmd Sain , 'lbe Official Notice of Bond Sale (the "Official Notice") shall be prepared by the Manager, Finance Director and the City Attorney in auch a form and containing auch terma u said penona aha1l deem to be in the beat interwt and to the beat advantage of the City; provided however, the Official Notice shall atate that the City reNJ"Ves the privilege of waiving any irregularity or informality in any bid; of rejecting any and all bida for the Bonda; and of reoft'ering the Bonda for aale in any manner permitted by law. Copiea of the Official Notice of Bond Sale shall be delivered to all inveatment banking firma which aubmitted bida at the lut bond sale of the City and to auch other penona or firm• u the Finance Director deems appropriate. Section • Seveuhility . If any aection, paragraph, claw or provision of tbia 8-olution aha1l for any reuon be held to be invalid or unenfon:eable, the invalidity or unenforceability of auch aection, parqraph, clauae or provision aha1l not aft'ect any of the remaining provisions of tbia Reaolution. Section 5 Effestiu Pate. Thia Reaolution ahall take effect immediately upon ita introduction and pauap. ADOPI'ED AND APPROVED thia 2nd day of September, 1997. ATTEST: Louc:riabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City ctn for the City ofBnpwoocl, Colorado, heraby ~ the above ii a true copy of Rmolution No._, Serim of 1997. . ' •. .. • • 0 ~ ~ - ~ g, ~ t') .. ..J e. Ii 0 -:E VI ii~ -• s· ..... (")" !~ )S = -0 !?000000 Pl "ti --"ti "ti "ti ::r;.:E:En-n l!:°'00 .. ~ .. Q.~:.:.r.r.r. ~0.0.nnn j:!g ::-:::-:ggg c ,.,...,..._c:c: 3-c ""lilp;I'\ _:oo--- ~~8~~~~ 5" IJQ = n ii ~ ~ ~-J o o -! ~ < ~ !l ~ 2.:. s- ::.· ..... ~ ... ~ ~ ~ ~ I s· ~ = I» o' -=8'&"' ,... 6' ~ ~~~g,!l :E"'-ci:;i = [ '8 :;:i -· . ... 2 = =-' = ,.. n IJl -· "a ~ ii· !I n '8 !" i r. ::I -~ (") 0 ~ =· 0 .... < ::I '< ... = g (") 0 ~ ... ~ {I) s· ~-~ '& [ e. n J i "C = ... -· ~ ;; 3 g i [ ~ 111P , J i 1: • 0 • ~ ~ ~ >,.. f ~ ~ ._.. ~ ~ ~ i ~ ~ ._.. ~ ~ ·t- ~ ~ ~ ~ ~ ~ "' ~ •t- Inter-Faith Task Force 111,ikes ,t Z.,ifftrtntt You don ·, ha ve 10 travel thousands of miles to find someon e i11 need of food or clothing. o r threatened by homelessness and isolation . Reach out nO><\ i1110 your own community. J: IFTF lmcr-Faith Task Force for Community Service , Inc. 3370 S . Irving. Englewood, CO 80110 (303) 789-0501 IFfF -~rbni Snppbrt tb '5et/-Su//icitnc~ :2)il( 1JbH f<.nbt,i,!-- ,1 I , 100 children live in poveny in Englewood. Littleton. Sheridan, and Glendale. ./ lFTF provides more than 115,000 meals a year 10 families and individuals . "Th e he lp and support you g ive p eople is very special." ./ IFTF distributes more than $100,000 a year in emergency hou si ng and general assistance. ./ IFTF provides I 5,000 passenger trips a year 10 community services and IFTF programs . ~Hr 11tissibn For more than 27 years, Inter-Faith Task Force, a non-profit community service organi- zation , has dedicated its services 10 help low- income individuals and families achieve and/or maintain a lifestyle free of public or private suppon. We work with children, parents , disabled persons, and seniors in the south-metro Denver area, which includes Arapahoe County (Englewood, Littleton, Sheridan and r Glendale), nonhem Douglas Country and southern Jefferson County. Our history of building solid pannerships with public and private helping agencies, local schools , neighborhood churches and health- c are professional s allows us lo increase our impact on our community by reducing dupli- cation of services . Our referral network helps us 10 connec t people with the agencies that can provide the appropriate level of service. • ~ I ~ • . I r, , el,,i(iren ... Inter-Faith Task Force provide s: Pre-School A cooperative projecl be1ween IFfF, Liulelon Public Schools. and Sheridan Head Start , known as The Village, provides age -appropriale educalional opportunities for more than 200 children, mosl of whom come from low-income families or are handi - capped. A before-and-after-school program is also available. Children's Choir This nationally recognized choir, consisling of 40 to 50 members whose ages range from 4 10 16 years , sings for metro-area service clubs, nursing homes , churches and conferences . Some children 's songs relale the hurt, abuse or neglecl they may have expe- rienced . 4-H Programs In cooperation with the Arapahoe Counly 4-H , 40 children learn how 10 planl , grow, and harvesl their own vegelables and fruit Children learn the importance of compleling a projecl from start to finish. Dress for Success JFl'F provides lhe piclure s and clothing sizes of school-age children lo individuals, service clubs , churches , elc ., in order for a new ou1fi1 of clothing lo be given lo each child for the start of school each fall. Each group provide s everything from underwear and socks lo pants, lops, dre sses and shoes so 1ha1 the child may start ihe year in a positive manner. School supplies are also given by 1he donor or through IFTF. "We 're very thankful for yo u and yo ur dedication ... and for a /1 !FTF does to make thi s a better, more human e world." . ' ~Auiities ... Inter-Faith Task Force provides : Emergency Assistance Familie s receive financial help for rent , utilities, prescriplions , and eyeglasses, along with food, cloth- ing and furniture . Educational/Social/Recre,ational Opportunities IFTF provide s numerous services and program s. as needed , for families, such as: .I English Classe s ,/ Job Readines s Training ,/ Pareniing Classes ,I Support Groups .I Teen Groups "Ma y you continue to be able to help people as long as people co11ti11ue to need help." I] / S.,!~?l'!c , ;,.~;. Transportation Seniors who are unable to drive or have no tranS · portation are driven by volunteers to medical appoinlment s, grocery shopping and elsewhere . Clerical Help Volunteers help seniors fill out compliclled med- ical and financial forms . Lunch Bunch Seniors , who are otherwise isolated, may belon1 to one of three groups who go out twice a month to social ize at restaurants for lunch . Cost is shared by JF1'F and the seniors . Gatekupers program JFl'F participates in this metro-wide program that alerts agencies 10 seniors ' needs . "/FTF has been my family and frie nds for at least 15 yea rs." • 0 / 'l • ·-- Funding Sources As a recognized 501 -c3 non-profit orpniuiion. lFTF receive s most of ias coalributiom from busi- ne sses , service clubs , churches, and indiVlduals . Ten 10 twelve percent of the budact comes from Arapahoe County and the cities of Enalewood, Lillleton and Sheridan . IFl1' also has u-i fund - raisen, the Challenge Run/Walk. the Golden Mile and the Mini-GolfClasic . vi'4"t Wt nu/( ••• Donations We need generous. tu-deductible donllions to help attain our goals of assistin1 people to racb self-sufficiency . Our current donation needs include : ,/ Food and Clothin1 ,/ FurnillftlHousehold l1ems ,/ Used Hearing Aids ,/ Business Services Sponsorships We need your participation in IFl1' fund -raisers, such as the Challenge. Golden Mile and the Mini - Golf Classi c. Please consider sponsoring an event or participa1ing . Volunteers We invile yo u to gel involved on a personal level with IFJ'F. Our c urrenl volunteer needs include : ,/ Children 's Program s ,/ Educational Programs ,/ Se ni ors Services ,/ Food/ Clothing Bank ,/ Fundrai s ing EvenlS Phows 1au11 by Bob Cleary. -j ( J - - • • • a . •pau1atta PuncarelilClty of Englewood• AT COEeilliglewood on 09/02197 """"'""---:'"'· ., .. -:>") 03:47:07 PM .. ~"""' ........ ,.--' To: IAH E-Mail UMrs AT EnglewooclOCOEOE,:iglev,,oodOccMail, IEmployee Services, llnformation Services, IN8D lnotesl, IRec Services lnotesl, 18i-citv AT bi~, ISafety Services AT EfOOCOE0£,911woodOccMail. _City Mgr lnotesl, _Financial Services, _Library lnotesl, _Muni Court lnotesl, _Utilities lnotesl cc: Subject: Cin. City Agreement Tonight, the agr .... nt that will tranafer ownerahip of Cinderella City from Equitable Real Batate to the City ia up for aecond reading. It paaaed unanimoualy on firat reading on Auguat 18th. To celebrate thia aonuaental atep, we will be taking a abort break after the vote on the Cinderaak agr .... nt for a ... 11 r.ception. Juat a little info for tho .. of you who'd like to be there for thia long-awaited moment. Pauletta . . . • . • 'I • 0 -• • f • • <. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULEP VISITORS y -\ NON-SCHEDULED ~Sl~::::::~:::R A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER. STA TING NAME. ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS CCSIGNI TOPIC /_.,¢.4D&1JS/'IIP £&4<£1{)6t1Q . . . , •, ' . .. • • 0 • . 1 • -I • • 0 I• • -------------~- Joh / ~ I . - ' . ' .. ' . •· • 0 ' • 0 • ~E.E.T\NG OF 1T'< c ouNCIL ,o ,ac'/ Month. ~~ .1 Housing t,.utnor it'/ 1ccas1on o1 its 25"' ab1llt'/ to continue as a youth ~reef\ and P roud cornrn1ss1on . ''"'"""' .... "' .... -................ c ...... -.... "'ne n aervlc:•• are need8d · 'Thank you - • I • • 0 • () 0 - CORRECTION Th'E PlsECE=t. G C CC:... v £. T CR ELA ,'IK Fii.4 ,WE HAS EE=:'I FEWCFiCF;u E::: TJ ~SSUfiE LEG!EIL/T'I' A/VD ITS /MA GE A ?.=E,:!,F.S /M ,vTEDIA TEL y HEREAFTcii. • .. ) I • ' . - • • _ /Oh/ _ • • ! I. . 0 • • • • , • • " - 0 , • • . . ./ . ---(;A.,~~--~~-Zl4-~-~.A•p1,~ /CD. ai,~ 4111,.uu.. MJL . - . -.. ' . . . . . I. . f ]- • • 0 I• • , . -I, 1 , ~ - ---_/L/11/Af,() ~~~~ ---- --... -~-~~ ~ --- ----~ -=-~-~------ ,. - ' ' • ~-------------~~-~ ~-=------- .... ------------ -< --~ -ZiA Q ~=---- . - ----------- ------------ • •• ;-1 m, • . -. •· f • 0 • • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 2 , 1997 7 :30 P .M. 1 . Call to order. 2. Invocation . ()) 'flt-M 3 . Pledge of Allegiance. f>/.,Vl/tl:,,Q 4. Roll Call. 1..,() 7 . 8 . Minutes. a . Minutes from the Regular City Council meeting of August 18, 1997. Scheduled Visitors. (Please limit your presentation to ten minutes.) v1a. Judy cabrera, Interim Executive Director of Interfaith Task Force, will address Council regarding Interfaith Task Force. Non-Scheduled '{..l&j1ors. (Please limit your presentation to five minutes.) ~$,,rt~ Communications , Proclamations, and Appointments. Proclamation declaring the week of September 17-23, 1997 as Conetltutlon WNk. Proclamation declaring the month of September as National Literacy Month. ~ Proclamation declaring September 18, 1997 as Englewood Houalng Authority Day, honoring the Englewood Housing Authority on the occasion of its 25" anniversary. Letter from Suzanne Karlquist indicating her inability to continue as a youth advisory member of the Englewood Clean, Green and Proud Commission. 9 . Public Hearing. (None scheduled) Plew nole: N you have a dl11lllltt and IINd audlary alda or• ffa 11, pllw ftCllllr .. ca, ol lnllHoocl (712-2405) at INat 41 hows In advanoe ot we....._ .. ,...._ 11w1k ,-.. • " .. • • 0 I I • • t• • <. Englewood City Council Agenda September 2, 1997 Page2 10. Consent Agenda. a . Approval of Ordinances on First Reading. i. CouncH BUI 11 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting grant funding for EMS equipment. STAFF SOURCE: Greg Weaver, Fire/Medic. 1 _,~ b. Approval of Ordinances on Second Reading . £,~ p«-1/ 1 b,· ~?~J ~---1'tu i. Council Bill 52, approving an agreement with Cindermak for transfer of rot>,f o ~· ownership of the Cinderella City property. ~ Yioo -,g ~ ~;;- ii. Council Bill 75, amending the Beneficial Use Farm -Progressive Farms Lease to allow a portion of the farm to be placed in the U .S . Department of Agriculture's Conservation Reserve program. rrJ .tr/i ~.tr/!f iii. Council Bill 76, amending the City Code to prohibit dumping of harmful substances into the Storm Drainage System . ,,J_;.10 ~f-11 J..V71 iv . V. vi . ~.t 1!J vii. Council Bill n, removing criminal penalties for minor traffic violations. Council Bill 78, approving the formation of a Code Enforcement Advisory Committee. Council Bill 79, authorizing staff to complete the acquisition of the Home Lumber property. Council Bill 80, granting a Utility Easement to the Public Service Company. c. Resolutions and Motions. i. ii. Recommendation from the Department of Utilities to approve, br fflGllan. Contract Amendment No. 3 for design modifications to the Allen f'llter Plant improvements. STAFF SOURCE: Stewart Fonda, Director of UlllltlN. Recommendation from the Department of Parks and Recreation to approve, by motion, a multi-year contract to E-Z Go Colorado for the purchase of motorized golf carts. STAFF SOURCES: Jernll Black, DINCtor of Publlc Worka; and Dave LN, Manager of Open SpacN. 11 . Regular Agenda . Approval of Ordinances on First Reading . Counoll • a -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an amendment to the Cornerstone Park Planned Development and NI a public hearing on this issue for October 6, 1997. STAFF SOURCE: Harold Stitt. Planning Community Coordinator. 1·t> Plew nole: If you haw a dlaallay and Med auxllary aide or wvtaaa. pllaN noa,y .. Clly ol 11 .... wood (712-2405) al laaat 41 hours In..._ ol when Nrvlon .. IINClld. "'-* you. .. ., • • 0 . - ' ·~ ~ I I -• • • fJ1gl-ood City Council Agenda September 2 , 1997 Pege3 Councll • 13 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance vacating a right- of-way along 1200-1500 W . Prentice Avenue . STAFF SOURCE: Harold Stitt, Plannlng Community Coordinator. Recommendation from the Utilities Department to adopt a bll for an ordinance reaffirming the establishment of the Water Utility Enterprise. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. Recommendation from the Utilities Department to adopt a bll for an ordinance approving loan between the Colorado Water Resources and Power Development Authority and the City of Englewood not to exceed $15.5 million . STAFF SOURCE: Stewart H. Fonda, Director of Utllltlea. Approval of Ordinances on Second Reading. Resolutions and Motions i. ii. Recommendation from the Department of Neighborhood and Business Development to adopt a reeolullon appropriating and transferring funds to the Englewood Environmental Foundation, Inc. STAFF SOURCE: Robert Simpson, Director of Neighborhood and Buelneu Development. t ~~-$3 Recommendation from the Utilities Department to adopt a rNOlulan authorizing the public sale of Water Utility Enterprise Obligations payable from the Water Utility Enterprise . STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. 12. General Discussion . a . Mayor's Choice . • . " Council Member$' Choice. ?)~ -~ ilf 9~ ~ (X)O j . b. 13 . City Manager's Report . 14. C;ty Alto-• Repo~ Adjournment. {7)~ 841. -~dtu,u/lYJ~ The following minutes were transmitted to City Council between 8/15/97-8128197: • Englewood Board of Adjustment and Appeals meeting of April 9, 1997 • Englewood Clean, Green and Proud Commission meeting of July 8, 1997 • Englewood Planning and Zoning Commission meeting of August 5, 1997 PINN nota: If you haV9 a clleabllly and need auxllary aide or wvlcN, plNN nallfy .. ca, al lnfllsaoad (712-2405) at .._. 41 hours In aclvanoe al when Nl'vlcN .. IINded. TIWlk you. . '~ t . ' • . .. • • 0 , ....... • • • • •. • September 15, 1997 Regular City Council Reeting [Public Hearing -1998 Proposed Budget) . , •