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HomeMy WebLinkAbout1997-07-21 (Regular) Meeting Agenda]- • • • • '· .. • NOTE: ORDINANCE NO. 39 WAS PR£-ASSIGN£D TO COUNCIL POLICY. THIS IT£M WAS TAllio AT TR£ JUN£ 2, 1997 MEETING. (COUNCIL BILL NO 53) JULY 21, 1997 REGULAR CITY COUNCIL M££TING ORDINANCE I /. y; _r(, ~ ~ ~ i'1, t2, n, W-: ~ RESOLUTION I/,,(, /f', 80, 81, 82, 83, 84, 85, 86, 87 . ' r •. • .. 0 • • • 0 ,_ I • -• • ·, • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rc~ular Session July 21, 1997 I. Call to Order 1be regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:35 p .m . 2. Invocation 1be invocation was given by Council Member Wiggins. 3. Pied~ of Allcxiancc 1be Pledge of Allegiance was led by Mayor Burns. 4. Roll Call Present : Absent : A quorum was present. Also present : S. MiHta Council Members Nabholz. Clapp. Wiggins. Habenicht . Vormillag. Waggoner. Burns None Interim City Manager Esterl~ City Auorney Brotzman City Clerk Ellis Neighborhood Community Coordinator Graham (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or TH[ REGULAR MEETING or JULY 7, 1997. Ayes : Motion earned. 6 . Sclledttled Villiton Council Members Nabhob. Vonmnag. Wiggms. Habenicht. Waggoner. Clapp. Bums None (1) John Loss . with Miller Dc\'clopmcnt. Slated he had a \'ety brief rcpon . He advised that this coming Thursday. rcprcscntati\'CS from Kitchell will be in their office and they have two items on th.:ir agenda . He Slated they want 10 complete 1hc1r comments on the dc\'elopment agreement and finalize the PUD application. Their anticipated dcli\'cry date on those two items. to the City. is the following week . Mr . Loss advised that last Tucsda~. Jul) I~'". local. regional and national real estate representatives. of one of the largest general mcn:handisers in the country. were in Englewood and visited the site. Two days aficr that . he stated. they rccci\'cd a call from them indicating they were intcn:Sled in commencing some serious discussions on the possibility ofbcmg included in the project . He advised they have a meeting scheduled. for this Thursda~. wuh them and Kitchell will also be in town for that meeting . He commented that they anticipate. fairly shonl) after that. being in the position where they would like to ' ' .. • • 0 Enakwood City Council July 21, 1997 Pagel . ' '' • t. • I• • come to lhe City and discuss some of lhc 111i1ial ilems raised in I hose 111cc1ings. gel some direction and disclose the name and so forth . He said 1ha1 is really all he had in 1hc wa y of a report. 1ha1 he would be glad lo answer any questions. Council Member Wiggins said he didn't have a qucslions. but he had a commclll. He advised thal Cooncil is in possession of a fax from RTD and he lhoughl Mr. Loss should pass ii 01110 Mr. Miller and the Kitchell people lhal he feels ii is the couseusus of Council 1hat lhcy arc 1101 interested al all in any changes from lhe original location of 1hc RID stalion . Mr . Wiggins opined ii is going lo be a problem that needs to be discussed and lhal Council as a whole feels lhal RTD should slay where 1hey had planned 10 go, how they had 10 build ii and cvcrylhing else . wilh no modifica1ions . Co111rary . he noled. 10 whal Skip Miller was showing Council rcccnlly . Mr. Loss asked if lhal was a leller 1ha1 Council selll 10 RTD . Council Member Wiggins advised ii was a Idler dated July 17d' which was sent 10 Mr . S1i11 and a copy was given 10 each Council member just this evening. He said. as they all read ii over. he 1hougl11 Council was in concurrence, 1ha1 1hcy leave lhe RID station where ii was originally planned . Regardless ofwhal Skip Miller had lined 0111 in 1he plans he had given Council a couple of weeks ago. Mr. Wiggins opined lhal he would 1101 find Council receptive 10 moving ii. Mr. Loss staled 1ha1 was sure 1hc kind of lhing they should gel some immediate feedback on. Mr. Wiggins agreed. staling 1hcy need to gel ii nailed down real quick. bul 1ha1 he just gave him a hinl that this Council member is nol going 10 change . He staled 1ha1 he is in favor of what RID originally laid oul. Mr. Loss asked if 1hcy will gel a copy of Iii.II leucr in due course or if ii is somelhing he can pick up. Mayor Burns asked Acting Ci1y Manager Esterl y wha1 kind of now of infonna1io11 really goes be1wccn 1hc ~rand RID 0111his. whal process do we have for communica1io11. Mr. Esterly staled llial his expcaation is thal 1hcrc is no problem wilh us sharing 1ha1 as 1ha1 was 1101 a confidential communica1ion . He pointed out that ii is basically a response 10 1hcir concerns and hopefully some of these concerns have already been expressed lo lhc dc\"Cloper. 1101 in \\Tiling. bul in conversations. because 1hey have been in continuous convcrsalion wilh RID aboul lhis issue . He said he believes lhe purpose of 1he memo was 10 clarify RTD's position in writing for 1he benefil of the City of Englewood. Ci1y Council . Council Member Wiggins g.-n'C Mr . Loss his copy of I he lcller. Mayor Bums indicated he is jUSI conccmcd about the now of infonna1ion and communicalion . Because. he IIOlcd. if we arc going 10 communic.11c b) lcucrs. and plans Iii.II RTD docsn ·1 sec. and lhen leucrs back from RTD.1ha1 ii seems lo be a prcui awk\\ard process Council Member Wiggins said he agrees. Mayor Bums suggested ii could. perhaps. be 11nplcmen1cd bcucr. Council Member Nabhol,. staled Iii.II she agreed \\ilh Council Member Wiggins . She advised 1ha1 last Monday. in lhe Rock)' Mounlain NC\1s . lhcrc 11.is an article where ii proposed 1he development and how they bad designed lhc ligh1 r.&il station and ii is being moved . Ms . Nabhol1: said she was really surprised to see lhat that had llOI been discussed wilh RTD at any point She staled she is in 10llll agreement lhal this light rail station 11ot be moved . We have worked 100 long and hard and. she advised . she has conccms with 1ha1 area. with 1he 1raffic impact 0111ha1 neighborhood . Mr. Loss commcmed 1h:u hopefull y everybody . by now . nndcrs1a11ds 1ha1 1he dr.mi ngs . renderings and ideas , 1lia11hey li.11 ·e prodnccd from lime 10 lime . arc general in 1i.11urc ,111d far from an)1hing lhcy arc recommending or saying is where 1hcy 1hink ii sho11ld be . Tlus kind of response a11d feedback . he DOied . is what this is all about They 11am 10 collcc1ivcly. and wilh everybody 's input . hear things like 1ha1. Mr. Loa &aid he agrccd 11i1h the Mayor Ihm ii is a hllle bil awkward he would gucss 10 ha\'C Council write a letter to RTD saying 1lial lllC) arc disagrccmg wilh 1111,11 11c arc sa)·mg. Ma)or Burns and SC\'Cral Council members advised Mr. Loss 1ha1 lhc} did 11ot wruc a leucr. M:&)or Bums rc11cra1ed 1ha1 Council did no1 " - ', • ' ,i • • 0 - Ea&lewood City CCN1ncil July 21, 1997 Paa,e2 • • • come to the Cily and discuss some of lhc inilial i1ems raised in I hose meetings. gel some direction and disclose the name and so fonh . He said 1ha1 is really all he had in 1hc way of a repon . 1ha1 he would be glad to answer any questions . Council Member Wiggins said he did11 '1 have a q11cs1ions. b111 he had a comment He advised thal Cooncil is in possession of a fax from RTD and he lhought Mr. Loss should pass ii on lo Mr . Miller and the Kitchell people that he feels ii is lhe conscnS11S of Council 1ha1 Ibey are 1101 inlerested at all in any changes from the original localion oflhc RTD S1a1io11 . Mr. Wiggins opined it is going 10 be a problem that needs to be discussed and lhal Council as a whole feels 1ha1 RTD should stay where Ibey had planned to go. how they had to build ii and CVCl)1hing else . wilh no modilicalions . Conlrary. he noled. 10 whal Skip Miller was showing Council recently . Mr. Loss asked if that was a letter 1ha1 Council scn1 10 RTD. Council Member Wiggins advised ii was a letter dated July 17d' which was scnl 10 Mr . Still and a copy was give1110 each Council member jUSI lhis evening. He said. as Ibey all n:ad ii O\'cr. he 1ho11gh1 Council was in concurrence, 1ha1 Ibey tea,-c the RTD station where ii was originally planned . Regardless of whal Skip Miller had lined out in the plans he had given Council a couple of weeks ago. Mr. Wiggins opined that he would not lind Council receptive to moving it. Mr. Loss stated lhat was sure the kind of 1hing t~· should get some immediate fecdbac:k on. Mr. Wiggins agreed. stating they need to get ii ooiled down real quick. but that he just gave him a hint that this Council member is not going to change . He Slated thal he is in fawr of what RTD originally laid out. Mr. Loss asked if they will get a copy of I hat letter in due course or if it is something he can pick up. Mayor Burns asked Acting Cil) Manager Esicrl) whal kmd of l1o\\ of mfonnauon really goes between lhe deYeloper and RTD on this. whal process do we ha,-c for COIAIIIUllacatlOII. Mr Ellerty stalCd that his expcclalion is that tlicre is no problem" ilh us sharing that as that was IICJI a confidential communication . He pointed out thal it is basicall)' a response to tlicar conccnis and hopefully -IC ofthclc concerns have already been eq,rcssed to the dc\·elopcr. 1101 in writmg. but in eo1nersa11ons. because Ille) have been in Clllllli-11 ClOll\'CfSlltion with RTD lllloul this issue. He Sllicl he bcllC\'CS the purpaR of the memo was to clarify RTD 's positiola in writing for the bcticlil of the City of Eaglcwood. Cit} Council Council Member Wiggins S,1\'C Mr . Loss his COP,¥ oft lie letter. Mayor Bums indicaled he is just cona:mcd about tlic flow of 111fonnat1011 and 011111munacation . Because. he llOICd. if we an: going to eo1nn111nica1e ~ lct1ers. and plans thal RTO docsn 't sec. and then letters back from RTD. thal ii seems lo be a prctt) awlmard process. Council Member Wiggins said he agrees. Mayor Bums suggcSled ii could . perhaps. be implemellled bener Council Member Nab.hot,. S1a1ed 1ha1 she agreed "illa Council Member W1gg111s . She advised thal laSI Monday. in the Rocky Mountain NC\I ~. lhen: was au anicle where it proposed 1he development and how they had designed the lighl rail S1a1ion and ii as being moved . Ms. Nabholz said she wu really surprised to sec that that had not been discussed with RTD al all)' point She stated she is in total agn:,cmcnt that this light rail station 11ot be moved . We ha\'c worked 100 long and hard and. slic advised. she has concerns with that area. with the traffic impact oca thal neighborhood . Mr . Loss commented thal hopeful!~· cvel)'bod). b) 110\\. understands 1ha1 Ilic drawings. renderings and ideas. thal they have produced from lime 10 lime. arc general in 11a1urc and far from anything the)• are m:omnicndiug or saying is where II~ lhink II should be This kind of rcspoiasc and fecdbac:k. he noted. is what this is all abo111. They wa11110 collccti,·cly . aald wuh C\'Cl)1Jody 's inpuc. hear things like that . Mr. Loa Sllicl he agreed wilh lhe Mayor 1ha1 ii is a hnle bil awkward he would IIICIS to have Council write a lelter to RTD &a)'ing tlaal llicy an: disagrccmg wi1h whal we an: SH)'ing. Ma)or Bums 111d SC\/eral Council m.."lllbers advised Mr. Loss 1ha1 1he)· did 11ot wrile a letter. M.1)or Bums renerated thal Council did not • . .. • • 0 E•&lewood City Council July 21, 1997 Pa,:e 3 .. • • • \. write a letter. that these arc just comments. He noted that he felt Mr. Loss 's points arc well taken, that this is a work in progress and nothing is cast in concrete. But. he pointed out. that something as imponant as the location of the RTD station. where we have an Intergovernmental Agreement with them to plan that. that he felt it would be helpful to somehow have some communication. if they are moving it around in their suggested plans. You bet, Mr. Loss commented. and hopefully this idea that they show up for every meeting, and imposing and hoping to be included in a lot of the study sessions, is the one real easy way that he can think of for them to have this kind of forum and face to face stuff. And obviously, he said. they will continue to work with the staff and then communicating in their nonnal fashion . Mr. Loss advised that they arc all in favor of keeping those lines properly tuned up. Council Member Vom1it1ag said he wanted to talk about that live acres in the back, that Skip Miller keeps making plans for that is not included in the project. He asked City Attorney Brot7.man if that is not tight . Mr. Brotzman explained it was really an issue. that was suddenly in the development last time. He stated that needs to have a discussion as to whether that is or is not in the project . Mr. Loss agreed and noted that in a way it is quite similar to the idea of the location of the station. which is a linle bit different than what people have seen before . The idea was. he said. that in the continuing evolution of these 1h111gs. tlie) came to a rcaliwtion that the cost of maintaining and keeping that deck may be close to prohibitive. Which caused them lo take a look and say. if that is the case. lets sec what other alternatives exist. Tlie use of that nonhWCSI lot was an alternative. he said. And again, he commented. it would be incorrect 10 .-.me that they arc assuming that that is there end that is how they arc going to do it. Mr. Loss advised that it is something they think should be considered. but obviously they arc not in the position to suggest that ii has to be there or that there arc not otlier alternatives. But. lie noted. maybe that gets back to communication. He commented that they whipped that thing OIII at the last meeting and obviously that created a lot of concerns and maybe they diHn 't do a good job of explaining it or getting that idea out in a lime earlier than that meeting. Any \\.I). lie s.ud. they arc considering that as a potelllial alternative and they need to know if tlierc arc other uses planned or reasons that the City docsn 't walll to consider that . Mayor Bums stated that some of these things tlicy arc discussing in Executive Session too. because there arc other issues involved with the ownership of some of these areas. He opined that they have to keep an open mind on where these things arc going to go . But. he pointed out, that they also need to k-. and they arc discussing. who controls these sites a1ld "'liat arc the implications of agquisition. transfer and so forth. He stated 11181 some of those arc legal and some of those arc tax and other issues that they arc discussing in Exccuti\'C Session. So this. he opined. is not a SCI matter at all at this point. But. Mayor Bums stated. he felt the reactions Mr. Loss is getting on the station arc ccnainly valid . Council Member Nabhol.t asked if slie mldcl'Slood Mr. Loss right. that he said that they would finalize the PUD about the first \\'CCk of August . Mr. Loss said yes. Council Member Habenicht asked Cit) Allornc~ Bro1,.111an if. the questions and answers 11~11 come under this public comment section of the City Council n1CCting. arc in anywdy legally binding on Council . Mr. Brotzman said no. that this is a discussion . There were no fun her questions. Mayor Burns 1l~u1kcd Mr. Loss for being here . 7. Noa-scheduled Visiton (a) Norman Marcotte . .0 I 5 South Kalan~11h. said lie just wondered what happened to the concrc:lc rcplaccmeut project 11~11 was discussed earlier this spring. He advised he hasn ·1 received an)' notification in the mail so he was wo1ldcrmg if it had been dropped or if yon arc still going ahead with it. He noted it was the plan wliere )OIi were gomg 10 cl~1rgc $25 .IMl to the water bill yearly . . , ... • • 0 ]- • Eqlewood City Council July 21, 1997 Par,e 4 • • • AL1ing Cily Manager Esterly explained that the process is underway to pull all of the names together and get lhc billings oul . He said he believes that within the next couple of months lhe first billings will go out . 1be billings will go out with the water and sewer bills which are quanerly. So. he advised. sometime over lhe next four monlhs after thal he will be getting a bill . So. he stated. he will be rec:eiving a billing for 1ha1 before the end of the year and we arc anticipming that there will be a conSlruction project associated wilh those revenues staning next year. Then. Mr. Marcone said. Council did agree to go ahead with lhal plan and lhey will be nOlified lhal ii is in cfTL'Ct. Mr. Es1crly advised 1ha1 that U1ili1y has been created. 8. C11111munlcation1, Proclamation• and Appolntaeab (a) A proclamalion declaring August S. 1997 as Nalional Nighl Out was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM TUESDAY, AUGUST !I, 1997 AS NATIONAL NIGHT OUT. Ayes: Council Members Nabhol1 .. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Burns Nays: None MOlion carried. Mayor Bums staled he ,vanled 10 read lhe proclamalion. as 1his is an imponant evenl in our communily each year and Nancy Pclerson is an imponanl pan of ii and has done an awful IOI wilh ii . Mayor Bums read lhc proclamalion in full and presclllcd ii lo Crime Prevcn1io11 Officer Nancy Peterson. He offered his congra1ula1ions lo Ms. Peterson and. 011 behalf of Council. urged everyone 10 panicipale in National Night Oul as ii is a greal project Officer Peterson noted they will be going around and visiting all of these blocks 1ha1 "ill be panicipaling on Augusts"'. She asked if any member of Council would like 10 visil blocks wilhm lhe Cily. if they would let her know very soon as she will be staning her liSI of where 10 go 1icx1 week . Council Member Vonniltag. Council Member Habenicht and Ma~·or Burns advised 1ha1 1licy "ould panacipa1e . Council Member Waggoner said 1ha1 if Ms. Peterson could gel him a liSI lie would II)' IO auend several of 1he111 in his area. Council Member Vormiuag 1101cd '1131 if she could keep him 0t11he lilOtllh side of Hampden he would appreciale ii . Council Member Nabllolz commented 11131 she is Block Captain for lwo blocks so lhey are having lheir own pany. She said people arc welconic 10 come 10 her house . Ms . Peterson said she understands lhal she is having her own pany and 1101cd lh.11 Cou1icil Member Wiggins is also. Officer Peterson explained 1ha1 tlk.)' will be submiuing an applicalion for a nalional award for our Cily for lhe clfons of our Neighborhood Watch. So. she said. "hat slic is going lo II)' lo do is circulale some of the blocks lhal she knows of 1ha1 arc l13ving very special. different 1rpc of C\'Cnls. and get video tape of 1hose cvcnlS so lhey can turn it in after lhc National Nighl Out and apply for lhc n:11io113I award. She said she thinks lhey can do it . Once again. Mayor Bums said. on bch.1lf of Council . they thanked C\'e~·o,ic for their panicipalion i111h11 program. He noted 11131 is really qui le an cfTon . 9 . l'lablic Hcarinit No public hearing "·•s scheduled before Council IO . Coa-t A!t'-.. da (a) Approval 011 Ordi11,111ccs 011 First Rcadmg . , ·- .. • • 0 - • • • • . . Enckwood City Council July 21, 1997 Pace!I COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 111 (a) (i) ON FIRST READING. (i) COUNCIL BILL NO . 7J . INTRODUCED BY COUNCIL MEMBER VORMlTTAG A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4. SECTION IO. SUBSECTION I. PARAGRAPH C. OF THE ENGLEWOOD MUNICIPAL CODE 19115 . Vote rault1: Ayes : Nays : Motion carried . Council Members Nabholz. Vormillag. Wiggins . Habenicht. Waggoner. Clapp . Burns None (b) Approval ofOrdimmccs on Second Rcadmg COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 111 (b) (i), (ii), (iii), (i,·), M, (,·i), (vii), (,·iii), (is), (1) and (11) ON SECOND READING. (i) ORDINANCE NO . 55 . SERIES OF 1997 (COUNCIL BILL NO . 57 . INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER -1 . 19\17 . (ii) ORDINANCE NO . 5<,. SERIES OF 1997 (COUNCIL BILL NO . 511 . INTRODUCED BY COUNCIL MEMBER VORMITT AG) AN ORDINANCE AUlliORIZING A LICENSE AGREEMENT TO CROSS THE CITY DITCH WITH A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN THE U.S. WEST COMMUNICATIONS . INC. (U .S. WEST) AND THE CITY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO . 57 . SERIES OF 1\197 (COUNCIL BILL NO . 59. INTRODUCED BY COUNCIL MEMBER VORMITT AG) AN ORDINANCE APPROVING SUPPLEM ENT NO . 132 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEM ENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES (iv) ORDINANCE NO . 511 . SERIES OF 1\197 (COUNCIL BILL NO . 60 , INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE APPROVING SUPPLEMENT NO . 1H TO THE SOUlliGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . ,, -. . ( .. • • 0 • • ]- En&lewood City Council July 21, 1997 Page6 <, • • • (v) ORDINANCE NO . 59. SERIES OF 1997 (COUNCIL BILL NO . 61 . INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT WITH GREENLEY ENTERPRJSES . INC. (MAACO AUTO PAINTING AND BODYWORK'S) AND THE CITY OF ENGLEWOOD. COLORADO FOR A 3' WIDE CONCRETE PAN CROSSING OVER THE CITY OF ENGLEWOOD'S RJGIIT-OF-WAY FOR THE CITY DITCH. (vi) ORDINANCE NO. 60. SERIES OF 1997 (COUNCIL BILL NO. 62. INTRODUCED BY COUNCIL MEMBER VORMITI AG) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $200.000 GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER THE BROWNFIELD PILOT PROGRAM. (vii) ORDINANCE NO . <>I. SERIES OF l•J97 (COUNCIL BILL NO . 6J. INTRODUCED BY COUNCIL MEMBER VORMllTAGJ AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE FOR THE PURPOSE OF AUTHORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD. COLORADO. (viii) ORDINANCE NO . 62. SERIES OF l'J97 (COUNCIL BILL NO. 64. INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR RESIDENTS OF PAVING DISTRICT NO. JK OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS. (ix) ORDINANCE NO . c,J. SERIES OF l'J97 (COUNCIL BILL NO . <,5 . INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION I08 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS· SPECIAL SURPLUS AND DEFICIENCY FUND FOR THE CITY OF ENGLEWOOD. COLORADO. (x) ORDINANCE NO . <,4 . SERIES OF I 'J'J7 (COUNCIL BILL NO .<><,. INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTHORJZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY 'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES . • ,,_ 'I .. • • 0 f "'" , I - - • • • . . . En&tewood City Cuu11cil July 21, 1997 Paie7 (xi) ORDINANCE NO . t.5 . SERIES OF 1997 (COUNCIL BILL NO. 68. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD. COLORADO REGARDING POWERS EXPRESSLY WITHHELD FROM COUNCIL. Voteraulb: Motion carried. Ayes: Cou11cil Members Nabhol7. Vonnittag. Wiggins. Habenicht, Waggoner. Clapp. Burns Nays : None (c) Resolutions and Motions COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS to (c) (i), (ii) and (iii). (i) CONTRACT WITH ADG ENGINEERING. INC. IN THE AMOUNT OF SS7,S20 FOR ENGINEERING. SURVEYING . AND DESIGN OF PAVING DISTRICT NO. 38. (ii) CONTRACT WITH ATC ASSOCIATES. INC . IN THE AMOUNT OF $7.690 FOR THE ENVIRONMENTAL SURVEY OF THE MERCANTILE/JOSLINS BUILDING. (iii) CONTRACT WITH ARIES COMPASS GROUP . INC. IN THE AMOUNT OF $3,SOO FOR AN APPRAISAL OF THE SELBE PROPERTY . LOCATED NORTH OF CINDERELLA CITY . Vote rault1: Ayes: Council Members Nabhol7. Vonninag. Wiggi11s. Habc11icht. Waggoner. CL1pp. Burns Nays: None Motion carried. 11 . Replar Aaenda (a) Approval of Ordinances on Fim Reading Tiiere were no additional items submincd for approval on lira reading. (Sec Agenda 11cm 10 • Consent Agenda .) (b) Approval or Ordinances 011 Second Reading Tiiere were no additional items submillcd for approval OIi second reading. (Sec Agenda 11cm IO -Consent Agenda.) C) Resolutions and Motions ,,_ . , • . ' • • 0 ]- - • En&fewood City Council July 21, 1997 PagcB ·.., • • • '. r (i) Mark Graham presented a recommendation from the Office of Neighborhood and Business Development 10 award. by molion , a contmCI lo Civitas. Inc . in the amount of$25,000 for professional planning services for Nonh Englewood. He advised this would be lo assist with the nonh Englewood small area plan. because with their help lhcy can get the plan done in the three months that we have to do ii and still meet the time frames of the mora1orium . Thal is. he said. to have Planning Commission and Council action compleled by Fcbniary 5. l\19K whcn lhe moratorium in that area ends. Mayor Bums noted 111.11 Council received a map previously of 1his dclined area. Mr. Gralmm said yes. that this is generally Yale down 10 Floyd and Santa Fe lo Broadway. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROFESSIONAL SERVICES CONTRACT WITH CIVITAS, INC. TO ASSIST STAFF IN THE PLANNING OF THE NORTH ENGLEWOOD/GENERAL IRON WORKS SMALL AREA PLAN IN THE AMOUNT OF S~,000. Ayes : Nays : Motion carried. 12 . General Di11eu11ion (a) Mayor's Choice Council Members Nabholl .. Vorminag. Wiggins. Habenicht. W;1ggo11cr. Clapp. Bums None I. Mayor Bums reminded everyone they will have an open Study Session. and the public is welcome, ne:\1 week . He explained this is somcthi1ig kind of new they arc going to try to have people come and just talk 10 Council about what is on their mind. what lhcy would like lo discuss. the type of things they nomially discuss in study sessions. He s;1id a Oyer has been prepared for this and 1ha1 there should be so1ne outside 1ha1 people can pick up. Mayor Bums staled they urge everyone to come and panieipate in this open Sindy Session . He s;1id ii is a cliance for Council lo more formally. discuss openly. with the public. any maner that is on I heir mind and 1he many lhings we arc doing in Englewood al the present ti1ne . So. he said. they urge them and 1heir friends . rcla11n:s and neighbors 10 come and meet with Council on the 28'" for the open S1udy Session . 2 . Ma)'Or Burns said he thought the Te111 Talk. last Wednesday al Centennial P..trk . was sua:essful . He noled ii was a nice park 10 1~1,·c a meeting and they l~KI a IOI of ques1io11s of Slaff from the people ancnding . He opined that overall ii mis co11s1me1ive . 3. Mayor Bums advised 1ha1 Council has a special Stud~· Session in Exccu1ivc Session tomorrow night 10 discuss a real es1a1e maner again. carrying on what IIIC) ha,·e been domg. 4 . Mayor Bums urged all Council members 10 stud~ 1he Five Year Capital Improvement Budget because there arc a 101 of1hi11gs 0111hcn:. 1l1111gs 1ha1 :ire 1'CI) 11upona111101hc Cn~ 10 proceed wi1h . S. Mayor Burns mentioned 1ha1 1hc Mc1ro Ma)or ·s Caucus 111<.-cts agam tins 11cck 011 Friday aiid that he hopes to anend . He noted !here arc big nems on the Agenda . cspcciall) transponation issues. the Guide the Ride Program. and the planning programs. lhe 20/211 Plan issues Last week . he commented. he went lo Tenl Talk instead of the Board mce1i11g because I hey s;1id IIIC)• had enough people 10 pass amendments 10 1he 20/20 Plan and we werc11·1 really imoh·ed i111hosc anywa). But. he said, 1here are very big items on the agc1Kla .uid on the ballot llus fall regarding the plans 1ha1 the Metro Mayor's Caucus is making. So. he noted . he hopes 10 a11c1KI 1h:11 and rcpon back to Council • I •, .. • • 0 ]- En&lffl'ood City Council July 21, 1997 Page9 (. • • • 6 . Mayor Bums ad vised that he has prepared his report from the CML Conference and Council has received it in their packets. (b) Council Member's Choice (i) Council Member Nabholz : I. She stated she was pleased to sec in her mail that our new Housing Authority Director Cheryl St. Clair is posting a notice 10 meet wilh 1he residents of Orchard Place and if they ca111101 make ii she will be conlacling them individually . Ms . Nabholz said she is glad 10 sec it is going 10 be a one on one contact with those individuals . She commented she is glad to see 1h111 is moving along really well . Mayor Bums said he wanted to comme111 1ha1 he is \'Cl)' pleased wilh wh111 Ms . SI. Clair is doing there . He staled she is very professional and obviousl y has a very good grasp or how lo handle these mailers. He opined lhal she is making q11i1e an effort . 2. A resolution selling 1he salary for lhe ln11:m11 Ci1y Manager al S117.<,tKI was considered . INoce : This was listed as hem 12 (b) (i) 011 1he Agenda . I The resohuion was assigned a number and read b) title · RESOLUTION NO . 77. SERIES Of l'N7 A RESOLUTION ESTABLISHING THE SALARY FOR THE INTERIM CITY MANAGER . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 77, SERIES OF 1997. Ayes : Council Members Nabholz. Vormillag. Wiggins. Habenicht . Waggoner . Clapp . Bums Nays : None Molion carried . 3. A resolution scttmg 1he salal) for lhc Municipal Judge at S111 .22'J \\as considered . I NOie : This was liSlcd as Item 12 (b) (ii) on the Agenda .I The resolution was aSS1g11cd a number and read ~ tillc · RESOLUTION NO . 711 . SERIES OF 1997 A RESOLUTION ESTABLISHING TH E ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR I 'J'J7 COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO APPROVE RESOLUTION NO. 711, SERIES OF l'J\17. Ayes : Na ys : Molion carried . Counc il Mc,nbc rs Nabhol, .. Vorn1111ag. W1gg111 s. Ha benicln . Waggone r. Clapp . Burns None 4. A resolution selling the salary for lhc Cil y Allorney al S77 .000 was considered . !Note : This was lisacd as Item 12 (b) (iii ) on 1hc Agcnd.1 . I ' . • . • • 0 , I - En&lewood City Council July 21, 1997 Page 10 • • • The resolution was assigned a number and read by title : RESOLUTION NO. 79. SERIES OF 1997 " A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY FOR THE CALENDAR YEAR 1997 . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71J, SERIES OF IIJIJ7. Ayes : Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bnms Nays: None Motion carried. 5. Ms. Nabholz thanked C\'cryonc in\'Ol\'ed with Te111 Talk . She said she thought it went very well. ~ was good weather and it was \'cry informa11,·c (ii) Council Member Voruuttag I . He commented that he enjoyed the Tent Talk . Ice Crc:un Social. but he just wished they had more citi:zens pan1cipating, because we do it for them . Mr Vornnttag opmcd maybe we could ad\'enise more. INII he didn '1 know whal else lhcy could do. 2. COUNCIL MEMBER VORMITTAG MOVED THAT THE\' RAISE THE SALARIES OF THE COUNCIL PERSONNEL He commented thal Cily Attorney Bro1zn1.1n might like to help him 0111. Mr. Vormittag advised that righl now the salary for lhc Mayor is at $SIMI per mollth and he would like 10 move thal 10 $700. He asked Mr. Broczman if they can do them individual!) or all at one time. Cuy Attorney Brot1J1ian advised they can da these at the same time. Righi ''°". Council Member Vorminag said. lhc Mayor Pro Tcm is at $450 per month and he would like: 10 1110\'C that to $MO And. he stated. right now a Council person is S400 a month and he would like to nlO\·e tl~'ll to $li1MI per month Mr Vormittag explained 1lia11hc last lime lhcsc were raised ,rns in Ordinance I. Scncs of 1'179 He said he would approcia1c Council's suppon . As you can tell, he noled. he is not doing it for himself because he will no1 be running again. He stated he just wants to be fair 10 the new Council people "'ho come in . Mayor Bums stated for the record lhat you can ·1 \'OIC for an increase while you arc in office . City Attorney Brotznian said this wonld take elTcct. not this term because you can·, increase your own salary. but that it will affect the next group. Council Member Vonninag said once you get elccted Mr. Brotzman said 11~11 is correct. But . Mayor Burns asked .,, hat happens ,r )Ou arc SCr\ 111i; on a term,, here )On dou ·1 ha\'c an election I his year. City Anomey Broll.man said 1hcn it still ,1011·11akc am.-ct . Mayor Bums explained that you cannot vote to increase )Our salal) while )OU arc s1ill in office and enjoy thal increase: in 111.11 salary. He noted you ha\'e to be reelected . or if you arc in a 1cnn 1lia1 docs no1 end this year, thal ends lwo years from now. even if this passes and is adopted. you cannot receive lhc: increase: until your tenn expires or you arc elected again. or if son1e01i.: replaces you . So. he said . as long as you arc sitting in office and vole in favor of one of these increases. )OU cannot enjoy 1ha1 increase during your tcnn. II - ' . ' . .. • • 0 f __ I - Englewood City Council July 11, 1997 Page 11 <. • • • . ... So, Council Member Vormillag asked Mayor Burns. if he gets elected i1gai11 if it would affect him. Mayor Burns said yes. So, Council Member Vormillag s;1id. there is the motion . COUNCIL MEMBER NABHOLZ OFFERED A SECOND. Council Member Wiggins asked if he can justil) why he thought this should come about. Because. Council Member Vormiuag noted. it hasn't been done since 1979 and it docs take a lot of work and a lot of lime. He opined lhal if we ha\'c the higher pay we will get more people gelling involved and wanting to run. Mr. Vonnillag stated that this S-4110 now is nothing compared 10 what it was in 1979 . He noted it was some money then . Bui. he s.1id . that is the way he feels abotn it . Council Member Clapp stated she just ""'1nted to share with Council that she received an anicle. which she thought was from the Lilllcton Sentinel. that the Lilllcton Council is not only proposing 1ha1 they raise the amounts for their Council members. bnt significantly more than what Conncil Member Vonniltag was suggesting. She s;1id she thought it was Sl.11011 for Council members. Sl.-41MI for Mayor Pro Tem and S 1.800 for the Mayor. So. she noted. in looking at it all . the big picture. that she feels that what Mr. Vorn1i1tag is proposing is prclly modest . Mayor Bums said he would have to agree with that. He said he thought Lakewood just went over a $1,000 a month and he thought Arvada was higher lh:111 that 100 . He commented that thC)· arc larger cities than we arc of course and they have a lot or development. But. he said. as it has been almost 20 years since they have had a raise and. thinking about all th:n they have on the plate right now for the City of Englewood. that this really is a rather modest increase . Council Member Vormi11ag pointed out that it won '1 even affect most of Council for another two years if they get reelected . Council Member Habenicht said that if they do this she really felt that Council should seriously consider. and she would entenain to do a motion next time ancr Council thinks about it . that back when we were in a real, real financial cmnch. we seriously cunailed a lot of things in our budget . One of those things was lhal we used lo pay a salary. she thought by Chaner. 10 our Planning and Zoning Commission members because of the quasi-judicial status and also the Board or Adjus1111c111 :111d Appeals Ms . Habc111ch1 said she thought they stopped doing it 10 P & Z members and she knows the~ put 111 an :mful lot of tune She said she thought ii was a \'Cl)' token amount and that Council should reinstate that. And maybe. she said. if indeed we have commission members who arc serving at these imponant levels that they need to review those salaries/stipends as well . Council Member Vormillag s;1id piggy backing on 11~11 that maybe they can do a Council reqUCSI to Dan Brotzman to find 0111 what other cities arc paying those positions maybe for two weeks from now in their packet . Just to find 0111 what is going on . Council Member Clapp s;1id she just wanted to share a piece that she thought came from Councilman Doug Clark in Li11le1011 that proposed the s;1lal) increases . She noted that in his words he basically called 1he111 all wcirdocs . She commented 1ha1 in so man) \\Ords they ha,c these weirdo jobs and some arc either laking away from their normal profession to 111ake an income or the~ arc being docked . In some cases. she noted. we are fonunate enough 10 ha\'c some of our retired c11i1.cns who can put in the lime . She commented that Mr. Clark s;1id that either/or. bonom line. he rcall) didn't want the wcalthy dominating the Council in any given City . that he thought that was a bad idea . She pointed out that was just his . . . ', • ,_ . ' • 0 I - - Englewood City Council July 21, 1997 Pace 12 . ' <. • \ .. • • perspective of things. She said she thought that was interesting. that you don't just want people that can afford to do it. you really want a well b.1lauced Council . Mayor Bums said he thought that was a good point. He said he might point out that in the Metro Mayor's Caucus he has come to find out that a lot of the VCI)' active mayors in the front range arc not employed and some of them have worked in their communities long enough where they are retired from the jobs that they had. Some, he noted. have working spouses and some may have independent wealth, but it allows them to put in an enormous amount of time. This is how. he noted. you get a chair of the DRCOG board or the Metro Mayor's Caucus or the Transit lJ7 Commincc and things like that . He said you can just sit there and watch and count heads and sec who nms their own business. who has a job and who doesn ·1. Mayor Bums opined it makes an cnonnous difference in how much time you can really put into these. But. be said. he thinks at the same lime they should have an incentive to do the work. not become a pro(asional, political operation. He stated it cenainly docs make a difference with someone like him where be runs an office where he has to pay overhead every mouth before he ever draws funds to live on . He said it is quite a challenge to do thal. Ma~·or Bums complimented anyone who docs that because. he said, it is an effon . Council Member Habenicht said that she thinks it is imponant to recognize that this is hasn't been done since 1979. Prior to thal. she thonght thc initial salal)' with the Chancr in 1950 something was $SO . Ms. Habenicht stated th:11 she knows there arc a lot of people iu this community that feel this should really be a volunteer position. She noted they really resist having the pay be too high. because they also don 'I want it to be something where the only re:1son you would serYc is to get the money. But that the reason you want to serve is because of an altmistic sense of being a citizen reprcscntativc 10 the conununity. Ms. Habenicht said that she doesn 't think that the figures Council Member Vonninag is supponing would in anyway detract from that. She opined that it is indeed citizen reprcse111a1ion and ii is not somebody that is going to go after it. She stated this will never affect her. so she will definitely suppon it . Council Member Vonninag asked if he needed to put a date on there where it comes into affect or should they do this by resolution. City Anomcy Brotzman advised that the Chancr will control when it takes affect. Mr. Vormillag asked if tonight would be the final say or if it comes back as a resolution. Mr. Brotzman staled he would bring it back to Council in a resolution format so they can sec ii. So. Mr. Vonninag said. they should ,·ote on it no\\. Act1mlly . Cit~· Anorney Brotzman said. they don't even need to vote on ii. that he will bring 11 back 10 Council in a rcsolu11011 form . (iii) Council Member Wiggins advised Aeling Cit~ Manager Esterly that the southwest comer house al Chenango and Dcl:mare has a big de.id tree iu the back end that really stands out . He cominentcd that Code Enforcc111e111 might look at the e111ire place. that it really looks bad. But. he said. they better have them take that de.Id tree 0111 . Mr. Esterly :ldviscd they will have someone look at that . (iv) Council Member Clapp: I. She staled she \\anted to thank Code E11forcc111e111. and Chris Olson especially. for getting 0111ha1 dead tree at Tufts arid Gr.1111. He did that really quickly. she said. a11d she re.ill~ appreciates 1ha1. 2. She co111111e111ed that she w:1s asked a c111estio11 about Orchard Place and that Mayor Bums may or may not k11ow at this point in time. But it has been said. she noted. that the Phillips · ha\'e resigned . Mayor Bums said that is what he u11dersta11ds . Ms . Clapp said okay. 11~11 ii is just out there and she doesn't know what to say. Mayor Burns said he k11ows a11d he is 11ot sure ifhe is C\'ell suppose 10 say. but that be has been told by •he Executive Director tl~111ha1 is tme. " - • .. • • 0 ]- • En&lewood City Council July 21, 1997 Pace ll • • • \. 3 . She noted she is a lilllc bit confused here . She said it is her understanding 1ha1 Don Bobcda is under the impressio111hal he was appointed 10 both the Housing Authority and the Board of Adjustment and Appeals by the Council. Ms. Clapp stated it is her understanding that Council only recommended him for the Board of Adjustment and Appeals. Mayor Burns staled that is right , as legally 1ha1 is all Council can do. The Council can recommend an appointment lo the Board of Adjustment and Appeals he noted. The recommendation 10 the Housing Authority. he advised. is always a recommendation because legally Council docsn 't appoint the members of the Housing Authority . Mayor Bums was asked who makes the appointments. He advised that the Mayor docs. that the Mayor is the only person mentioned in the Statute. 4 . She said she nx:cnlly learned of a new mling in regards 10 a gcnlleman ·s overpayment of federal laxes to the federal g0\·cn1111e111 . She nOled 1h.11 se\'cr.il years after he had overpaid. and she thought it was the sum ofS7.000 when he actuall) only owed $700. he went back and tried to claim the difference and the Supreme Coun said 110. you can 't . So. Ms. Clapp s."lid , the poilll she is making is she is wondering what kind of affect that will la:1,·e 011 . say any kind of 1ax1.-s paid to the City that wc are IIOI really entitled to. Cit) Anomey Brotz.111:111 advised tla:11 normally what happens on lhc interesl payment is that it is nonnally owing somewhere else. So . he stated. we simply shift the payment to the other taxing entity. Okay, Ms. Clapp said. so this pm::cden1 lla:11 she is s1icaking of really wouldn't afTccl that . City Anomcy Brotzman said no. (v) Council Member Waggoner advised 1ha1 a genlleman li\'es in our community who has been a physician for many . man) y.:.irs in the City of Englewood . He delivered many of us and maybe some of yon as youngsters and some of your children. Mr. Waggoner noted he has been a Chaner member of the Engle\\ood Rolar) Club since it s iuceptiou . COUNClL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO PROCLAIM JUL\' 23, 1997 AS GATEWOOD MILLIGAN DA\' IN THE CIT\' OF ENGLEWOOD. Council Member Waggoner advised that Gate will be \Ill years old on Wednesday and it just seems appropriate that wc rccogni,.e his 'JO'" binhday and the things he has done in the City of Englewood . Motion carried . Ayes : Council Members Nabhol,_ Vormillag. Wiggins. Habenicht. Waggoner. Clapp. Burns None (vi) Council Member Habc111ch1. I . She said in their last stud)' session she la:ld i11d1ca1cd there were a number of openings on different commillccs for the Municipal Lc.1gue . She 1101ed Aun Nabhol,. and Lauri Clapp have expressed some inleresl and she asked 1ha1 staff copy 1ha1 for all of the Council members so they can sec what commiltces there arc 10 apply for. Genera Iii . she po1111ed 0111. if you apply 10 be on a comminec. unless wc would overstack a co11uni11cc from a 11111111 c1palil) or an area. lhal is a good way 10 serve. Ms . Habenicht noted she has served on several and she lughl) rcco111111cnds 11 . 2 . She advised she docs h:I\ c her rcpon from lhc CML Conference and s he asked th.II 1ha1 be copied to Council. She said s he also ,1 :1111cd 10 s hare ,, 11h Couiu.:11 Member Clapp in ix1n1c11lar . as she is imerested in Hous111g issues. lhc i11fon11a1io11 lhe) i:01 011 Mousing There 11ere some e111-.ro1111ic111al 1lu11gs she 1hough1 they would sl~1re \\ i1h Clc;111 . GrL-cn and Proud 1ha1 mll go 10 Council Member Vornunag. Also, she said, llicrc \\,ts au i111eresti11g program on preserv:11io11 and lhc rcstom1io11 of main streets. that she would also like 10 pass 011 10 Mr. Vorminag and ask 1ha1 he slu1rc 1lu11 wnh our Englewood Hi11orical .. • • 0 ]- - • E•&lewood Cit)' Council July 21, 1997 ··~"' ·, • • • .... Society. And Ms. Habenichl asked . when I hey arc done wilh ii. if lhC) would please share ii wilh lhc Englewood Cultural Council. Also. she said . I here was information from the Center of lhc American West 1hat was very in1eres1i11g and she j usl 1hough1 it could be copied for everybody . Ms. Habenichl said she wanted 10 lhank Mayor Burns for copying lhc informalion on spiral dynamics. but 1ha1 she 1hough1 she would leave a color copy lhcrc in lhc City Manager's office . Also. she noted . Mayor Bums already has copies of all of lhe fonnal business. bul she ofTcred anolhcr copy if anybody would like 10 have ii. Also, she advised. she didn '1 have a chance 10 ,lllcnd lhc 1mnspona1io11 slralegics for 1he nexl cen1ury. bul that she did gel a copy of all of I hose malerials for whoever would want lo look al I hem . She said she was thinking of cilher Council Member Waggoner or Mayor Bums. She asked if Mayor Bums had auended that one. Mayor Bums said no. 1ha1 ii looked i111crcs1ing bul 1ha1 he 1hough1 he was al 1he Cily Allomey's session at that lime. Council Member Habenichl said she jus1 wanted 10 share with Council lhe one on Aronson's talk aboul public issues and lhere was informalion on a National Leadership Summil sponsored by the National league of Cilics which will be taking place in Color.1do Springs in August . She noted thal some of our Council members might wa11110 consider altcnding thal. as ii is a Na1ional Conference and here in Colorado. She opined lhis mighl be a good 1hing to do . Ms . Habenicht said she looking through some of her pasl lhings and Council \\as lalking las1 tune at 1he 1r S1ud~ Session aboul working with our communily 10 develop son of a code commission. Ouc of 1hc lhings she said she lhoughl she would share, is information she gleaned from the Conference from the City of Loveland. which does a number of volunteer things . They also have a voh1111ccr program lo help rcmo\"c dead trees when people have them. as Council Member Wiggins was pointing oul. She commented lhal EFOT. Englewood Focusing on Tomorrow. was lalking 10 Council aboul perhaps being involved and ready 10 work with the City 10 help people who arc in need . This. she said . is a volunteer program 1ha1 seems to be working in Loveland that mighl help . She suggcsled lhal informal ion go 10 whoever is working on 1ha1 program. 3. She said she 100 cnjo~cd Tent Talk and she.: 11a11tc.'CI to al so I hank s1afT and our bu siness communily, our Chamber of Conuucrcc. She a<.h iscd that sc,cral of 1hcm lmd the opponunil) to altcnd an appreciation brcakfasl for our busmcsscs. CU) Council. she said . prcsc111cd businesses wilh plaques in appreciation for them being here . She opined 11~11 all of Council and all of lhe ci1i1.ens of I his community cenainly do value and rccogni~.c lhe impon.mce of our business communily 10 us . She said ii was a real honor and a real pleasure to be I here and lo be a pan of ii . Ms . Habenicht commented 1ha1 Mayor Bums did a very nice job of opening the prcscnlalion aud presenting everything. She said she also wanted to especially express appreciation to An Scibelli and all 1hc work he l~1s been doing with our business communily and wilh our manufacturer's round table . She opined ii was a wonderful event . She noted 11 would have been nice if 11 would l~l\'c been 111 Eugkwoud . Mayor Bums said he wa s glad Council Me mber Habenichl mentioned tl~u . He noted they rca:i,'Cd anany compliments on ii and some people came up ane r "ords and said it was a ,·cf) classy event Tlic,• really apprecialed ii and. he ad\'1scd . some o r1hcm 11cnt out of their "a~ 10 co111phm e 1111hc C11~ and the staff and the relationslnp bel\\CC II the staff and the bu smcss 00111111111111). Ma)or Burns opined 1ha1 \IC rcall) arc doing a good job . One of lhc reasons \,·hy \\C were 1hcrc. he ad\"iscd . is because the Enterpri5C Zone had quite a bit 10 do wilh Hudson Gardens and An Scibelli is 1hc head of 1hc Arapahoe County En1erprisc Zone District and he docs a line job 01111~11 . So . he noted. 1herc was an Englewood connection with that . Mayor Bums staled ii was a line C\'Clll and he opin .. 'CI we arc re.Ill~ highlighling business achiC\·e1nc111 in lhe communily. He 1101ed we arc jus1 forming a 1ask force on lhc Brownlicld Gram 1ha1 we got He said that will be very i111ercs1i11g to sec 1ha1 dc\'c lop as well for 1hc mdustrial co1111111111i1~ Mayor Bums opined lhal they arc all good C\'CIII S 13 . lnlcrim Cily Manager Estcrl) co111mcntcd ho11 pl eased he 1~ 1u be.: abl e 10 he lp CII) Council ou1 dunng 1hc uansi1ion period we arc going 1hrough nghl 110\1 . He said he \\OUld hkc 10 assure Council 1ha1 we will all • . • 0 - - Eackwood City CtN1ncil l•IY 21, 1997 Pace IS · ... • • • be working toward keeping our 111:111y on-going projects on track and moving along . Council Member Vonnittag staled they appreciate Mr . Esterly being there for us . 14 . City Attorney'• Report City Allomcy Brotzman did not have any mailers 10 bring before Council. 15. Adjolln1111ent Tiic meeting adjourned al 8 :23 p.m. '~ . • . • ' . • I • 0 • Ill-. . ' ]-• . • ... • - / • • 0 - • >. • • • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 21, 1997 7:30P.M. 1. Call to order. '7:J£ ~ 2. Invocation. W fjr 3. Pledge of Allegiance .~ 4 . Roll Call. 1 ~ 5 . Minutes. "" ?-0 a. Minutes from the Regular City Council meeting of July 7, 1997 /A)~ 6. Scheduled VISitors. (Please limit your presentation to ten minutes.) ----JJdl.l} U)Sf] a. SjSil>Wlller, MIiier Development, will be present to provide a project update and answer any questions from Council on Cinderella City redevelopment. 7. Non-Scheduled VISitors. (Please limit your presentation to five minutes.) (a) Norman Marcotte -Concrate Utility 8 . Communications, Proclamations, and Appointments. tJ/'f' '1-0 a. Proclamation declaring August 5, 1997 as Nallonal Night OUt. ~ 9. Public Hearing. (None scheduled) ff 10. Consent Agenda. a . Approval of Ordinances on First Reading . i. Ufl"'l-0 Councll BIN 73 • Recommendation from the Department of Financial SeNicN to adopt a bll for an ordlnllnce amending the Englewood Municipal Code to clarify the City's position on the accrual of lnhnet on taxes paid to the City in error. STAFF SOURCE: Frank Grygl9wlcz, DINctor of Flnwlal8enloN. (J~ .......... : .,., .... 1,,11., ....... ....., ....... o1,,, ........ 11111r .. ca,flllll ... ood (712-240l)ll ..... 41haln In .... o1 ..................... ,... ' ' • • 0 • • • • (. City Council Agenda July 21, 1997 Page2 ~ 'J-O J ApP.roval ~~ffn Second Read?8' fr/ HhNL . X / 0/J; t?J~· uncil Bill 57, app~rgovemmen;l';g';'~t with Arapahoe "55 I. ~unty to conduct the November 4, 1997 election. t>1#51iii. ~~fiv. 01H~7v. ()1#b!)vi. ()UJ I/ I vii. Council Bill 58, approving a license agreement with US West to cross City Ditch with telecommunications cable in conduit. Council Bill 59, approving Southgate Supplement #132. Council Bill 60, approving Southgate Supplement #133. Council Bill 61, approving a license agreement with Brian Greenley for crossing the City Ditch. Council Bill 62, approving an Intergovernmental Agreement with the U.S. Environmental Protection Agency for Brownfields grant funding. Council Bill 63, placing a question on the November 4, 1997 ballot to decide if the City should keep revenues that pay for the services provided to citizens without raising existing taxes or adding new taxes. Council Bill 64, placing a question on the November 4, 1997 ballot of Englewood's registered electors of Paving District 38 regarding issuance of debt for improvements to the district's streets. Council Bill 65, placing a question on the November 4, 1997 ballot amending the City Charter to allow the City to pay off the last fifth of outstanding special improvement district bonds if that is a financially sound decision. Council Bill 66, placing a question on the November 4, 1997 ballot requesting issuance of debt for improvements to the City's water system. Council Bill 68, placing a question on the November 4, 1997 ballot regarding Section 32 of the Englewood Home Rule Charter regarding Powers Expressly Withheld from Council. IPmt/ 1-0 CV 11J/!::A~ ar><~~ ~ M /0 l-/ ii y.. ii/ rr V l~commendaJ;n ~ ~artment of Public Works to approve, by motion, a contract for engineering, surveying, and design of Paving District /11. FlltiJ., No. 38. Staff recommends awarding the bid to the lowest qualified bidder, ADG Engineering, Inc., in the amount of $57,520. STAFF SOURCE: Rick Kllhm, Acting Director of Public Works. ii. Recommendation from the Department of Public Works to approve, by motion, a contract for the environmental survey of the Mercantlle/Josllns building. Staff recommends awarding the contract to ATC Associates, Inc. in the amount of $7,690. STAFF SOURCE: Rick Kahm, Acting DINCtor of Public Works. Plew noll: • you hew• dl111111ly and Mad....., aide or •rla11, ....... nallfy ._ Clly ol 11 ... wood (712•24CII} at ..... 41 houra In aclnnoa o1 ............ ..._._ Thalk you. .. r .. • • 0 f --. I -• "' - • ('t . • ' '· C,~ Council Agenda July 21, 1997 Page3 iii. Recommendation from the Department of Public Wort<s to approve, by motion , a proposal for an appraisal of the Selbe property, located north of Cinderella City. Staff recommends awarding the bid to Aries Compass Group, Inc., in the amount of $3,500. STAFF SOURCE: Rick Kahm, Acting Director of Public Works. 11 . Regular Agenda. a. b . C. Appr~f Ordinances on First Reading. Appropf Otdinances on Second Reading. Resolutions and Motions. i. Recommendation from the Office of Neighborhood and Business 11 ,., , r,-;.; _ Development to award, by motion, a contract for professional planning /f/lA'UA' ~ '7-[) services for North Englewood. Staff recommends awarding the bid to -r,v Civitas, Inc. in the amount of $25,000. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. ~ 12. General Discussion . a . Mayor's Choice. b. Council Members' Choice. ~ ~-b Resolution setting the salary for the Interim City Manager at $87,600~ RJ,,W~?-cf'esolution setting the 1997 salary for the Municipal Judge at $83,229. ~ ~ 'If -a.,ji'lr.t) Resolution setting the 1997 salary tor the City Attorney at $77,rXXJ ./)µ,.h.Js.. APP"O 7.,-0 WAGGONER MOVED THAT COUNCIL PROCLAIM JULY 23 , 1997 AS ~ ·~ .. t)' GATEWOOD MILLI GAN DAY IN THE CITY OF ENGLEWOOD 13 . City Manager's Report. . 14. City Attorney's Report. ,1Joumment. %'-;1.3/m-- 'tt,~ minutes were transmitted to City Council between 7/4/97-7/17/97: • Englewood Planning and Zoning Commission meeting of May 6, 1997 • Englewood Public Library Board meeting of June 10, 1997 • Englewood Clean, Green and Proud Commission meeting of June 11, 1997 • Englewood Downtown Development Authority meeting of May 14, 1997 • Englewood Police Pension Board meeting of May 14, 1996 • Englewood Firefighters Pension Board meeting of June 11, 1997 PINN nole: n you have• dlublllly and med....., aide or• rla11,,.... naa,y Ille Cly of .._.ood (712•240I) at INst 41 houn In advance of WMII ..._ .. IINdad. T'twlk you. t .. ., • • 0 ' ~ I ]- • • • • . • ' (. AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 21, 1997 7:30P.M. 1. Call to order. '7.J£ ,._ 2. Invocation. w~cr 3. Pledge of Allegiance.~ 4. Roll Call. F"/ ~ 5. Minutes. ~ ?-Q a. Minutes from the Regular City Council meeting of July 7, 1997 /)J~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ----~A) /../JSS a. S.JsiP'Mlll8r, MIier Development, will be present to provide a project update and answer any questions from Council on Cinderella City redevelopment. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) <•) Norman Man:olte • Conc:nh Utility 8. Communications, Proclamations, and Appointments. fJ/'pl 'J-0 a. Proclamation declaring August 5, 1997 as Nlllkll• Night OUt. ~ 9. PubHc Hearing. (None scheduled) ff 10. Consent Agenda. a. Approval of Ordinances on Arst Rudng . I. a,1"7-0 ,- ,.....nall:l,au._a, t11tran11...a.....,allla••da11,,....,... .. ca,_._ 11d (112eMII) ..... 41 houra In ..... .,, ............. ......._ T-*,au. ~ -----~. ' • • 0 I • • • 0 I~ • ' <. City Council Agenda July 21, 1997 Page2 "hi ?-O J ApP.roval ~~ffn Second Read?b 0-/ hhNJ. X 1· Ofr t?/~·uncil Bill 57, appr~rgovemmen;;';g';'~t with Arapahoe ~5 '· ~unty to conduct the November 4, 1997 election. tJ>i#51 iii. ~t;f iv. OIH-~7v . !YlHw vi . (Y2JJ I/ I vii. Council Bill 58, approving a license agreement with US West to cross City Ditch with telecommunications cable in conduit. Council Bill 59, approving Southgate Supplement #132 . Council Bill 60, approving Southgate Supplement #133. Council Bill 61, approving a license agreement with Brian Greenley for crossing the City Ditch . Council Bill 62, approving an Intergovernmental Agreement with the U .S. Environmental Protection Agency for Brownfields grant funding. Council Bill 63, placing a question on the November 4, 1997 ballot to decide if the City should keep revenues that pay for the services provided to citizens without raising existing taxes or adding new taxes . <Y"li./1-~,,2 viii. Council Bill 64, placing a question on the November 4, 1997 ballot of Englewood's registered electors of Paving District 38 regarding issuance of debt for improvements to the district's streets. Council Bill 65, placing a question on the November 4, 1997 ballot amending the City Charter to allow the City to pay off the last fifth of outstanding special improvement district bonds if that is a financially sound decision. Council Bill 66, placing a question on the November 4, 1997 ballot requesting issuance of debt for improvements to the City's water system. Council Bill 68, placing a question on the November 4, 1997 ballot regarding Section 32 of the Englewood Home Rule Charter regarding Powers Expressly Withheld from Council. h:r/JJ 1-0 c(}M~~MP}(~-1i~.M /0~ / ii Y-ii/ rr v 7~mmen;ti';;'n ,l'.{ ~artment cl Public Works to approve, by motion, a contract for engineering, surveying, and design of Paving District /}1.F{J)Jl No. 38 . Staff recommends awarding the bid to the lowest qualified bidder, ADG Engineering, Inc., in the amount of $57,520. STAFF SOURCE: Rick Kahm, Acting Director of Public Wortm. ii. Recommendation from the Department of Public Works to approve, by motion, a contract for the environmental survey of the Mercantile/Josllna building. Staff recommends awarding the contract to ATC Associates, Inc. in the amount of $7,690. STAFF SOURCE: Rick Kahm, Acting Director of Public Wortm. PINN nole: It you MW a claabllly and IINd amllary alda or w u1a11, plaw nollly tlw Cly of •••ood (712•2405) at !Nat 41 hours In advance of when W'VtcN .. IINdad. 11w1k ,au. • ,,._ • . 0 •· • 0 '2~ i - • • • ·, • C...4y Council Agenda July 21, 1997 Page3 iii. Recommendation from the Department of Public Works to approve, by motion, a proposal for an appraisal of the Selbe property, located north of Cinderella City. Staff recommends awarding the bid to Aries Compass Group, Inc., in the amount of $3,500. STAFF SOURCE: Rick Kahm, Acting Dlractar of Publlc Worlca. 11. Regular Agenda. a. b. c. App~f Ordinances on First Reading. App~of Otdinances on Second Reading. Resolutions and Motions. i. Recommendation from the Office of Neighborhood and Business 11 ,v ,;;-;.: _ Development to award, by motion, a contract for professional planning ./fU'fM' ~ '7-D s~~ for ~rth Englewood. Staff recommends awarding the bid to 'Jtv Civitas, Inc. 1n the amount of $25,000. STAFF SOURCE: 11n Graham, Neighborhood Community Coordinator. ~ 12. General Discussion. a . Mayor's Choice. b . Council Members' Choice. "' - • ~ ~-b Resolution setting the salary for the Interim City Manager at $87,600~ R.JMn~'l-d'esolutlon setting the 1997 salary for the Municipal Judge at $83,229. ~ ~'If· 4/#'Jir:i) Resolution setting the 1997 salary for the City Attorney at $77,000./)µ..hJ,. _ APP"O 7..0 WAGGONER MOVED THAT COUNCIL PROCLAIM JULY 23, 1997 AS . ~ ·~ •d GATEWOOD MILLIGAN DAY IN THE CITY OF ENGLEWOOD 13. City Manager's Report . 14. City Attorney's Report. ,11oumment. %--,;J~ ~~ minutes were transmitted to City Council between 7/4/97-7/17/97: • Englewood Planning and Zoning Commiaion fflfftlng of May 6, 1997 • Englewood Public Library Board meeting of June 10, 1997 • Englewood Clean, Green and Proud Cornmiulon meeting of June 11, 1997 • Englewood Downtown Oellelapm«rt Authority meeting of May 14, 1997 • Englewood Police Penlion Board meeting of May 14, 1998 • Englewood Firefighters P...ion Board meeting of June 11, 1997 ....._ !Iola: If yau haw• clallllltJand need aadllryalda or---. ....... ..., .. Clyollt ... ood (712-24GII) at ....... houra 1n .... ., ................... 11wlk,... . ' •. ... • • 0 1 32xl ]- - • • • . ~ · .. • <r ' PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: JULY 21, 1997 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME AQQRESS TOPIC ,. -. ' . . , •. • • 0 - • • ,. -• • • ~. 5 A ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 7, 1997 I. Call to Order 1bc regular mcc1ing of the Englewood Cily Council was called to order by Mayor Bums at 7 :37 p.m. 2. 1-alioll 1bc inwcation -giYCD by Council Member Wiggins . 1bc Pledge of Allegiance was led by Mayor Bums . 4 . Rall Call Pn:sent : Absent : A quorum was present. Also present : Council Members Nabholz. Clapp. Wiggins. Habenicht Vonniuag, Waggoner. Bums None Acting Ciay Manager Fonda Ciay Attorney Brotzman Ciay Clerk Ellis Director Gryglewicz. Financial Services Officer ~rath. lmemal ln\'CSligation and OARE Director Black. Parts and Recreation Open Space Manager Lee Director Eslerty. Public WOlks Oircclor Simpson. Ncigbbortiood and Busiacss Oe1ielopmem ••• *. Mayor Bums stated that. due to the resignation of Doug Cta,t as our City Manager. Council met in Special Session last Wednesday and appoi111cd Director of Utilities Siu Fonda as 1cmporary lncerim City Manager . He noced Council will have more 10 say aboul where we go from here . Mayor Bums. on behalf of Council. !hanked Director Fonda for his clTons and his wort wuh Council since 1851 Wednesday . S. MiNta Council Member Waggoner indicated he would be abstaining from the vote . on the minutes of July 2. 1997. as he was ROI at that meeting . (a) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE TH£ MINUTES OF TH£ REGULAR MEETING OF JUN£ 16, lff7. Ayes : Council Memben Nabholz. Vonnittag. Wigins. Habenicht . .. . ' • .. • • 0 • • - - Enclewood City Cwncil Jyly 7, 1997 ··~2 Nays : Motion carried. • • . -' Waggoner, Clapp, Bums None ,~ (b) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUNE JO, 1997. Ayes : Nays : Motion carried. Council Members Nabholz, Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (c) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 2, 1997. Ayes : Council Members Nabholz. Vonninag, Wiggins. Habenicht. Nays : Abstain : Motion carried. 6 . Sched•led Visiton 11ierc were no scheduled visitors. 7 . NOIHClleduled Visiton Clapp. Bums None Council Member Waggoner (a) Mike Gruninger. President of the Englewood Firefighters Association and a member of the Fircfighter's Old Hire Pension Board . said he didn't know he was coming before the Board tonight. He advised it was his understanding that the Pension Board had voted to ask Council to table Council Bill No . 40 until the 1 • of August so they could discuss this issue with Slaff and not involve Council. Mr. Gruninger stated it was also brought up in negotiations and they have officially filed an impasse with the City to take this to arbitration if we can ·1 work this out with staff. So. he said. he is before Council to ask if they are going 10 table it or wha t they a rc going 10 do. City Attorney Brotzman stated that this issue will come up later. He noted that that is contained in the council communication. that the Peasion Board did vote that way. (b) Bill Young. with the Englewood Fire Dcpanmcnt and a member of the Old Hire Fircfightcr's Pension Board. said he wanted to reiterate what Mr. Gruninger said earlier. that this was a little unexpected for them. Also . a diSCUSSIOII of this matter is on their agenda for the Pension Board meeting scheduled this Thursday. Jul)' IO"'. He pointed out that. as indicated on tile council communication on the front their desire was 10 have until August 1• 10 make proposed changes. (c) Ke n Haraldscn. 30 Ill South Washington. said he was rather surprised and shocked this last week when he found out City Mana ger Doug Clark was dismissed. Mr. Haraldscn advised he has had him speak at our Lion 's Club a number of times and he found 0111 that he w·Js a very intelligent . lul<Micdgcable person He said he. and he doesn 't think very many of the citizens in Englewood. have any idea why he was dismissed. Tonight. he commented. Al Vonnittag mentioned it having 10 do with Cinderella City. Mr. Haraldscn said that had nothing to do with it . He said he has a feeling that in the near future Council is going to have a very. very diffacull time getting a good City Manager when be bas no idea if he is coming and going to be here a month. two months. two or three years. and gone . Awhile ago at Council's meeting on the other side. Mr. Haraldscn noted he hcanl IOIIIClhing thal kind of disturbed him. Recently, he said. in the Englewood Herald it mentioned that Doug Clark was giving 1111111 ..... I' - ' • .. • • 0 I Englewood City Council July 7, 1997 Page J ' • "' - • t~ • of his time to Cinderella City and Al Stanley was filling in as Assistant City Manager. Then tonight. he said. he heard Al Vonnillag mention that somebody else is son of running it. Mr. Haraldsen said he just wondered ifwe get a new City Manager who is going to be running and trying to figure out all of the details of Cinderella City. Commenting directly to Council Member Vonnillag. Mr. Haraldsen said it is a rather interesting question isn "t it. Council Member Vormillag advised that Bob Simpson is going to be doing Cinderella City . Mr. Haraldsen asked what was Doug Clark assigned to it and Al Stanley filling in as City Manager for awhile ago. He said he would like to know. Council Member Vonnillag commented that they could discuss it later on maybe, some other time. Anyway. Mr. Haraldsen opined. that Council made a tremendous mistake dismissing Doug Clark . He said he has talked 10 a lot of people and they feel the same way he is feeling. Mr. Haraldscn stated he wanted to give Council a liulc stol)'. He said back before many of you were born in the I IIJO's a young Brigadier General. by the name of Billy Mitchell . mentioned that if war came again airplanes would have a lot to do will• the outcome of the war. He noted there were a lot of old infantry genera.ls from World War I that disagreed with him and because he felt he was right they coun marshaled him. When World War I came along they found out that Billy MilCbcll was right and those old generals "'Cre wrong. Tiic 8-25 Bomber. the Mitchell Bomber. was named after him. Mr. Haraldsen noted lie worked on them in World War II. He said the thing he wanted to mention to Council tbis evening is this. He noted lie docs not know the reason Council got rid of him. but here was a man that was vcl)' intelligem. vCI)' knowledgeable and undoubccdly he had degrees in management . city management. and yet Council fired him. He said he wallled to ask Council a question and that they do not need to raise their hands. He asked Council how many of them have degrees in city management. He asked that tlic:y tlliok of it in tlicir own minds. Did you release a good man because he disagreed with you. because he perhaps knew a little bit more than you did or what was the reason? Mr. Haraldscn said that he feels the citizens of Englewood should know why you fired him. He commented that lie hoped thal those of Council who were involved in that will still be llis friends . He said lie will still be seeing Council and asked that they not take it out on him because this is his feeling tonight. He reiterated that we got rid of a man tliat we should not have gotten rid of. (d) Gilben Stark introduced himself and said you all know Ilic lot number. 2840. He stated they said they would be over there and 1now that lot down wlicn tlic weeds got up. He said he called a,cic enforcement and tlic weeds arc still up. He asked if anybody needs a good alfalfa field. alfalfa is over there. He asked if lie is going to get tliat done or not . He walllcd to know if lie lias to go to the papers. to the Governor or who docs he go to next . Council Member Nabholz said tliat she drove by the propcny otl TI1ursday and slic physically walked that propcny . She noted there was a lot of underbrush and tliat it was cleaned unbelievably. Ms. Nabholz said it was her undcrst.anding that Mr. Stark felt tliat was ac:cq,table. Mr. Stark said he told him that the suckcn he cut down was fantastic . But again. Mr. Stark said. they both measured the weeds and they arc from 12 to 18 inches and tlic alfalfa is 24 inches. Now. he pointed out . lie called City Code Enforcement again. three times and nobody lias come over then:. Council Member Nabhol.t staled tliat slic is not trying to discount tbis by any means. She poillled out tliat we arc beefing up code enforccnicot throughout the City. She said slic would talk 10 Director Olson and Code Enforcc111Cnl to sec what tlic status is. Mr. Stark said they told him they would be over there and make sure lhat lot was mowed every otlicr week . He said he sat right here and lie 1hongh1 all of Council heard someone tell him that . that it would be taken care of cvel)' otlicr week . He staled it has almost been a 111011th and they haven ·1 been over 1herc to mow ii or cut the weeds back down in tlic alley. Mayor Bums asked if lie liadn ·1 detected a slight bit of praise there for something. Mr. Stark said yes . Council Member Nabholz said yes . Slic stated slic applauds Director Olson and Larry Medina for the work. they ha,'C done on this. She pointed out he worked all day and it was two dwnp uuct loads thal they took out of there. Ms . Nabholz stated this is a 1naJOf. major improvement. Slic said she rcalucs the weeds arc bothersolllC. but it is not the hv.ard 1lia1 it was before. Mr. Stark s&aled it is still a lire hazard aad we were lucky to get through the 4"' of July without a lire 0,1 it the way the fireworks were going . , .. • .. • • 0 I ]- - En,:lnrnod City Council July 7, 1997 Pa~4 ' '· • • ,. - Mayor Bums said he is glad we have made some significant progress and he would guess the weeds are the next item . Mr. Stark commented that they made 150"/o improvement on it . But. he said. when somebody tells me or somebody tells you I will be over to get your lawn mowed next week . you expect it . He said don 't tell me that unless you arc going to do it . Mayor Bums said it sounds like there will be some funher follow-up on that . Mr. Stark said that is all he means and he thanked them for their trouble . (e) Bill Clayton commented that he did not come before Council to talk about Doug Clark. but. he said. it is son of a mystery . It does seem. he noted. that we arc in midst of driving the train at high speed and now wc don 't have an engineer. Mr. Clayton said he wanted to talk to Council about a couple of issues . He noled 1hey have the popular mayor issue on the ballot. He opined if Council were to go out in the community and ask people how the mayor is elected they will not have a clue. bec:1use it has no affect on their lives. He stated that what affects their lives is Council's collective. unified actions . Not individual actions. but actions as a group. What it does impact. he said. is their a bility to do that. to be cohesive. Mr. Cla)10n noted that the Mayor is the chairperson of your Council. He opined that it is imponant that Council continue to select that chairperson based on their ability to be a good chairperson. Not based on their ability to get elected. He pointed out that Council was elected and he feels that collectively Council is supposed to represent the whole City. None of you arc a liule 1norc equal than !he other one. He said he thinks it is up to Council to select that chairperson. evaluate how wcll they advance the City 's collective. w1ified agenda. And. he noted. if that person docsn 't have those skills or the commitment. or can 't work with you as a group to form a cohesive group. then you. right now. can immediately replace that person with a more appropriate person . And that. he said. is the way it should be. He pointed out that tbey need a chairperson that is useful to the City, because it is useful to you as a group. Not one selected for their political popularity. who they can't evaluate. or if they arc unable to do the job. or worse. if they arc at odds with the rest of the Council. After all. he pointed out. it is the whole Council that represents Englewood. not one person. So. he said. he would urge Council noc to put that on the ballot. to just kill it . Next , Mr. Cla)1on said. he would like to t.1lk about term limits. He told Council that. when he was on the Council. he did not think tenn limits were necessary . But . he pointed out. they took that to the voters and they passed it overwhelmingly. There was no question about that . ii w.is11 ·1 SC\·en votes or something. Mr. Clayton commented that he understands that some of Council may feel there arc no qualified candidates in some districts. He said one of his suggestions to Council is th.at one of th.cir responsibilities is to seek out and help train and find a nd encourage candidates. So . he opined. if wc don ·1 have any candidates. the buck stops with Counci l as pan of th.a t 1s their responsibili ty He noted wc have had the Leadership Englewood Program now tli:11 could never get off the ground. One of the reasons. he said. is that the City Council wouldn ·1 suppon it. He urged Council 10 suppon 1hat program or some other program. Once again. he stated. thi s is a bad idea . kill 11 Next . Mr. Cla~1on s.1id . he w:mtcd to urge Council 10 pul the MOA issue. the ouldoor :ins thing. on the ballot . But . he stated. !here is :111 c.1s1er way. don 't embarrass yourself. k1ll 11 no" Because. he pointed out. when the vo1ers find out what it costs and 1he on-going subsidy and thal the "hole purpose of this boondoggle is so that John Madden 's daughter has somewhere to pul her a n . that he felt the Englewood voters will kill it for you . Then. he said . they arc going to be asking Council why on canh they WUled lheir time with lhis nonsense. ,,, ~ . fr" ' '"' • . • • • 0 , I Englewood City Council July 7, 1997 Pa~l • 0 • of his time to Cinderella City and Al Stanley was filling in as Assistanl City Manager. Then toniglu . he said, he heard Al Vonninag mention !hat somebody else is son of nmning it . Mr. Haraldsen said he just wondered if we get a new City Manager who is going to be running and trying to figure out all of the details of Cinderella Cily . Conunenling dircc1ly to Council Member Vonnittag, Mr. Haraldsen said it is a rather interesting question isn 't it. Council Member Vormillag advised that Bob Simpson is going to be doing Cinderella Cily. Mr. Harnldscn asked what was Doug Clark assigned to it and Al Stanley filling in as City Manager for awhile ago . He s;1id he would like 10 know . Council Member Vonninag commented that they could discuss ii laler on maybe. some 01her time . Anyway. Mr. Harnldsen opined. that Council made a tremendous mistake: dismissing Doug Clark . He said he has 1alked 10 a 101 of people and they feel the same way he is feeling . Mr. Haraldscn staled he wamed 10 give Council a liulc 5101)'. He said back before many of you were born in the l'.IJO 's a young Brigadier General. by the name of Billy Mitchell. mentioned that if war came again airplanes would have a lot to do with 1he ou1come of the war. He noted there were a lot of old infantry generals from World War I that disagreed with him and because he fell he was right they coon marshaled him . When World War I came along they found out that Billy Mitchell was right and those old generals were wrong . Tiie B-25 Bomber. the Mitchell Bomber. was named after him . Mr. Haraldsen noted he worked on them in World War II . He said lhe thing he wanted to mention to Council this evenmg is this . He noted he docs not know the reason Council goi rid of him. but here was a man that was vel)• in1ellige111 . \'Cl)' knowledgeable and undoubtedly he had degrees in management. ci ty management. and yet Council fired him . He said he warued 10 ask Council a question and thal they do not need to raise their hands. He asked Council how many of tliem have degrees in city management. He asked that they think of ii in tlieir own minds . Did you release a good man because he disagreed with you. because he perhaps knew a liule bit more than you did or what was the reason ? Mr. Haraldsen said that he feels the citizens of Englewood should know why you fired him . He commented that he hoped that those of Council who were involved in that will s&ill be his friends . He said lie will still be seeing Council and asked tJ131 they 1101 take it out on him becluse this is his feeling tonight . He reiterated 11131 we got rid of a man tl13t we should not have gotten rid or. (d) Gilben Stark introduced h imself and said you all know the lot number. 2840. He staled they said they would be over there and mow 11131 lot down wlien the weeds got up . He said he called code enforcement and the weeds are Slill up. He asked if anybody needs a good alfalfa field . alfalfa is over there. He asked if lie is going 10 get 11131 done or not . He wa111ed 10 know if lie lias 10 go 10 the papers. to the Governor or who does he go 10 next . Council Member Nabholz said 11131 she drove by the propen~· Oil Thursday and she physically walked that propeny. She noted there was a lot of underbrush and that it was cleaned unbelievably Ms. Nabholz said it was her understanding 11131 Mr. Slark fell that was acc:ep1able . Mr Stark said he told him that the suckers he cut down was fantaSlic . Bui again. Mr. S1ark said. they both measured 1lie weeds and they are from 12 to 18 inches and the alfalfa is 24 inches. Now . he pointed oul . he called City Code Enforcement again. three times and nobod y 1135 come over I here. Council Member Nabhol1. stated 11131 slie is not trying lo discount this by :my means . She poinled oul 11131 we are beefing up code enforccmeru 1hroughou1 the City . Slie said she would talk 10 Direc1or Olson and Code Enforcement 10 see what the Slatus is . Mr. Stark said they told him they would be over !here and make sure that 101 was mowed every o&her week . He said he sat right here and he thought all of Council heard so1neo1ie tell him that. that it would be taken care of every other week . He staled i1 l~1s almost been a month a nd they haven ·1 been over 1here 10 mow it or cut the weeds back down in the alley . Mayor Bums asked if lie hadn ·1 detected a slight bit of praise there for something. Mr. Stark said yes . Council Member Nabholz said yes. She stated slie applauds Director Olson and Larry Medina for Ilic work they have done on this. She pointed out lie worked all day and it was two dump truck loads that they took out of tliere. Ms. Nabhol z stated this is a 1najor. 1113jor improvement . Slie said slie n:alizes the weeds are bothersome. but it is not the haz.ard 1ha1 i1 was before . Mr. Stark stated it is still a lire haz.ant and we we re lucky to get 1hrough lhe -'"' of Jul y wi1ho111 a fire on it the way the fireworks were going. ,, - . . Ii.,. •. ... • • • 0 1 ' - • • Englewood City Council July 7, 1997 Page5 • 0 t~ - (f) George H. Allen. 2799 South Downing Street . noled he has li ved there for lhe last 52 years. He stated he has been mixed up in City govenunenl in one wa y or another for 40 years and he has been interested in it because he is a member of I his community. He said is very concerned about what goes on. Mr. Allen advised he has seen good council's and bad council's and. he noted he would have to admit. mostly bad managers. The last good ma nager we had was Stanley Dia l and he was rooted out because of a division in the City Council that forced him out and it ruined Stanley Dial's life . That he commented. is not of great concern to a lot of people. but 1ha1 ii was 10 him. He opined that he was a very good City Manager. Mr. Allen said now we have had some since him and. he said. he was very happy when they hired Doug Clark because he had the proper requirements for a good City Manager. Mr. Allen opined that he did a good job. He said he understands that one reason he was asked 10 resign was because of tbe lack of gelling Cinderella City moving. Well . he said. let me tell you so111e1l1111g . II is 1101 Doug Clark that is not moving Cinderella City moving. it is the Cit y Council. nus busmess. he said. of referring to the people to make the decisions ... he said you as Council are elected to make the decisions . So . he stated. make the decisions and get this thing going. He said he would like 10 suggest. very humbly and very sincerely. that Council ask Doug Clark to forgive them for their mistake and please continue to serve in Englewood. (g) Barbara Foul. .i 185 South Huron Street. stated she spoke to SC\'eral Council members this afternoon about a couple of issues 1ha1 she wanted 10 bring forward . She advised that she is acting as spokesperson for EFOT tonight. She said she would appreciate. if Council would consider. sharing with EFOT their desire to come forward :i nd work with Code Enforcement. City Counc il. and any other active member of the City, to strengthen and work in a posit ive and efficient manner with Code Enforcement . She said tl1ey wanl 10 work with Cit y government. and wilh the members of our communil). to strengthen whal Englewood should be . in essence what it c:111 be. and what we in essence deserve ii to be . Ms. Foul stated that she would like to put fonh the request that we work in a unified manner 10 discuss lhat positively . She reiterated that they wa111 10 work with Council. 8 . Communicatiun1, Proclamations and A111M1intmcnt1 (a) A resolution recommending the appointment of Don Bobcda to lhe Housing Authority for the City of Englewood. Colorado was considered. Council Member Waggoner staled that he did not remember Don Bobeda being appouued to the Englewood Housing Authority. He said he 1hough1 they appointed him 10 the Board of AdjllSlment. Mayor Bums advised thal Council has before them tonight a communicauon from Don Bobcda this artemoon. that he faxed to the City. expressing his appreciation for that appouument. but saying that he has been recommended for two dilfere111 boards. One for the Board of Adjustme111 and the other for the Housing Authority. Mayor Bums said . as Council may remember. in Mr. Bobcda 's application his first selection was the Housing Au1hori1y. and he 1hough1 his second was the Planning Commission. and third was the Board of Adjustment . Mayor Burns noted that Council recommended him for the Board of Adjustment . knowing lhal he would be interviewed later for by the Housing Authority Board. Mayor Bums advised lhal. as he understands. Mr. Bobcd.1 was interviewed on the JO'" while he was al the CML Conference. He staled the Housing Au1hori1 y recommended Mr. Bobcda 's appoi1111ne111 . He noted that Mr. Bobed.1s communicalion this afternoon said 1ha1 his selcc1io11 was the Housing Anlhority and lhat he would give some consideration later 10 serving on more tha n one. bu1 I hat al this poinl he only wa nted 10 serve on one board. Mayor Bums reiterated 1hat ii was Mr. Bobeda 's request 1ha1 he be appointed to the Housing Authority . Mayor Bums stated 11~11 the first time Mr. Bobcda asked 111111 about boards and commissions he expressed his interest in the Housmg Au1hori1 y . Mayor Burns asked if Council understands that if someone has more than one selection and Council recommends them 10 more than one that Council can 't force them to accept lhe appointments ' ,,, - • . - .. • • • 0 , 2 I • Eapewood City Cuuacil J•ly 7, 1997 Pqe6 <. • • • Bui. Council Member Waggoner said . 1hey can appoinl 1hem 10 one and if they don'1 wam 1ha1 then Ibey have 10 go throulih another appointment Mayor Bums commcn1ed that he fell Ibey have 10 rcspcct people 's requeslS . If Council ra:ommends him for an appointment and he says he would rather have a diffcrcot one. Mayor Bums asked if Council is not going to honor that Council Member Waggoner said that as a group Ibey might. but thal dido 't come to the group . Council Member Clapp Slated lhcre was no Council discussion . Mayor Bums Slated that lhc Housing Authority appointment. by Statute. is the appoimmenl of lhc Mayor . Then. Council Member Waggoner said. he can make lhe appointment. Legally. Mayor Bums noted. Council docsn '1 have 10 inaervicw anybody for 1he Housing Au1bori1y . ii is not required and the SlalUte doesn 't provide for it. Council Member Waggoner said that is very true. Bui. Mayor Bums advised. Council has done it as a courtesy in the past 10 inlroducc prospective members of the Housing Autbori1y 10 Council . When ocher mayors have done this. he said. Ibey have done ii as a councsy 100. Council Member Waggoner staled Council can also appoinl him 10 the Board of Adjustment and Appeals. if he docsn 't like it he can 1Um it down . Mayor Bums poinaed oul 1ha1 Council has already ra:omrnendcd that he be appointed to the Board of Adjustmenl and Appeals . Mayor Bums commented tlial he is a linlc confused as to why he would want to pass a resolution appoin1ing someone to something when he has already declined. Council Member Waggoner said 1liat is the way the group voted. as he remembered. Council Member Clapp said she agreed wilh Council Member Waggoner. that she recalled ii the same way . Mayor Bums asked Council what Ibey wanted lo do . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 8 (a). Firsl of all. Mayor Bums said. he did not think Council has the legal ability 10 table an appointment Ibey can 't make in lhc firs1 place . City Attorney Brotzman esplained they are just tabling this resolution . that Mayor Bums still has lhc power to appoint. Mayor Bums staled 1ha1 if tliat is the wa y lhey feel . he will vOlC 10 1able . Ayes : Council Members Nabhol,_ Vonninag. Habcnichl. Waggoner . Clapp. Bums Nays: Councd Member Wiggins Motion carried. (b) A resolution appoinling Nancy Hughes to 1he Clean. Green and Proud Commission for lhc City of Englewood. Colorado was considered. lbc resolution was assigned a nwnbcr and read by 1i1lc : RESOLUTION NO . 62. SERJES OF I 9'J7 A RESOLUTION APPOINTING NANCY HUGHES TO THE CLEAN . GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 62, SERIES OF 1997. Ayes : Council Mcmbcn Na bhob. Vonninag. Wiggins. Habenich1. Wagoner. Clapp. Burns ..... . ' • . • • 0 r,~ . . . , - Eni:tewood Cil)' Council July 7, 1997 Pace7 Nays : None Motion carried . • • • Mayor Bums presented a cenificate and City pin to Nancy Hughes . ,.. (c) A resolution reappointing Ron Kientz to the Englewood Downtown Development Authority for the City of Englewood was considered. 1bc resolution was assigned a number and read by title : RESOLUTION NO . 63 . SERIES OF 1997 A RESOLUTION REAPPOINTING RON KIENTZ TO IBE ENGLEWOOD DOWNTOWN DEVELOPMENT AlITHORITY FOR TI-IE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 63, SERIES OF 1997. Motion carried. Ayes : Council Mcmbc:B Nabholz. Vonnittag. Wiggins. Habenicht Waggoner. Clapp. Bums Nays : None (d) A resolution n:appoiming Ed Krueger to the Cultural Ans Commission for the City of Englewood. Colorado was considered . 1bc resolution was assigned a number and read by title : RESOLUTION NO . 64 . SERIES OF 1997 A RESOLUTION REAPPOrNTING ED KRUEGER TO 11fE CUL TIJRAL ARTS COMMISSION FOR 11fE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO A.l'PllOVE RESOLUTION NO. 6', SERIES OF 1"7. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nay s : None Motion carried. Mayor Bums presented a ccnificate and City pin 10 Ed Krueger . (e ) A resolution appoiming Miche lle Lennan to the Clean. Green and Proud Conunission for the City of Englewood. Colorado was considered. 1bc resolution was assigned a number and read by title: RESOLUTION NO . 65. SERIES OF 1997 A RESOLUTION APPOINTING MICHELLE LERMAN TO THE CLEAN. GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . •, \ • • 0 - En~ood City Council July 7, 1997 Pase8 • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 6S, SERIES OF 1997. Ayes : Council Members Nabholz. Vonniuag. Wiggins. Habenicht . Waggoner. Clapp. Burns Nays: None Motion carried. Mayor Burns presented a cenificate and City pin to Michele Lennan . (f) A resolution reappointing Ron Lundcrs to the Englewood Liquor Licensing Authority for the City ofEnglcwood. Colorado was considered . The resolution was assigned a number and read by title: RESOLUTION NO . 66 . SERIES OF 1997 A RESOLUTION REAPPOINTING RON LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTIIORITY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 66, SERIES OF 1997. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht . Waggoner. Clapp. Bums Nays : None Motion carried . (g) A resolution appointing Charles Redpath to the Election Commission for the City of Englewood. Colorado was considcn:d . The resolution was assigned a nwnbcr and read by title : RESOLUTION NO . 67 . SERIES OF 1997 A RESOLUTION APPOINTING CHARLES REDPA TI-I TO THE ELECTION COMMISSION fOR THE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WAGGONER MOVED. AND IT WAS SECONDED. TO APPROVE RESOLUTION NO. 67, SERIES OF 1997. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . (h) A resolution reappointing Connie Sanchez to the Englewood Downtown Dc\dopmcnt Authority for the City of Englewood . Colorado was considered . The resolution was assigned a number and read by title · RESOLUTION NO . 68 . SERIES OF 19''7 A RESOLUTION REAPPOINTING CONNIE SANCHEZ TO THE ENGLEWOOD DOWNTOWN DEVELOPMEl'rT AUTIIORITY FOR TI-IE CITY OF ENGLEWOOD. COLORADO. . ' • . • • 0 - Englewood City Council July 7, 1997 Page9 . . • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 61, SERIES OF 1997. Ayes: Council Members Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion earned. (i) A rcsolulion reappoinling Janet Spangenberg 10 the Cultural Ans Commission for the City or Englewood. Colorado was considered. 111c resolution was assigned a number and read by title : RESOLUTION NO . 69. SERIES OF 1997 A RESOLUTION REAPPOINTING JANET SPANGENBERG TO THE CULTURAL ARTS COMMISSION FOR TiiE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 69, SERIES OF 1997. Ayes : Council Members Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Mayor Bums presented a ccnificate and a Ci1y pin 10 Janet Spangenberg. (j) A resolution appoinling Tim S1oncr 10 lhc Clean. Green and Proud Commission for the City or Englewood. Colorado was considered. 111c resolu1ion was assigned a number a11d read by title: RESOLUTION NO. 70 . SERIES OF 19'J7 A RESOLUTION APPOINTING TIM STONER TO TH£ CLEAN. GREEN AND PROUD COMMISSION FOR 11iE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 70, SERIES OF 1997. Ayes : Council Members Nabbolz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Council Member Vonninag advised 1hat Mr. S1oncr ,v-JS DOI here 1onigh1 as he had to work . (k) A rcsolulion recommending 1he appointment or Kris Stycs to the Planning and Z.OUing Commission for the C11y of Englewood. Colorado was considered. 111c resolution was assigned a number and read by 111k:. RESOLUTION NO . 71. SERIES OF 1997 ,. - .. • • 0 , -• • • Englewood City C1N1ncil July 7, 1997 Pace 10 A RESOLUTION RECOMMENDING THE APPOINTMENT OF KRIS STYES TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORAOO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71, SERIES OF 1997. Ayes : Council Members Nabholz. Vonniuag. Wiggins. HabenichL Waggoner. Clapp, Bums Nays: None Motion carried. Mayor Bums prescnled a cenilicale and Ciry pin lo Kris Slycs. (I) A resolution appoinling Ray Tomasso 10 1he Cultural Ans Commission for the Ciry of Englewood. Colorado was considered . The rcsolulion was assigned a number and read by lille : RESOLUTION NO . 72. SERIES OF 1997 A RESOLUTION APPOINTING RAY TOMASSO TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORAOO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 72, SERIES OF 1997. Ayes : Council Members Nabhol,_ Vonniuag. Wiggins. Habcnichl. Waggoner. Clapp. Bums Nays : None Motion carried . Mayor Bums presented a ccrtilicale and Ci1y pin to Ray Tomasso. (m) A resolution rcippointing David Warner 10 lhe Englewood Liquor Licensing Aulhorily for lhe Ciiy of Englewood . Colorado was considered. The resolution was assigned a nwnber and read by lille : RESOLUTION NO. 73. SERJES OF 19\17 A RESOLUTION REAPPOINTING DAVID WARNER TO THE ENGLEWOOD LIQUOR LICENSING AUTIIORITY FOR THE CITY OF ENGLEWOOD . COLORAOO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 73, SERIES OF 1997. Ayes: Council Members Nabholz. Vonninag. Wiggins. Habenichl. Waggoner. Clapp. Bums Nays : None Motion carried. (n) A resolution appoinling Olg.1 Wolosyn 10 lhe Cullural Ans Com1nission for lhc Ci1y of Englewood. Colorado was considered . .. • • 0 I " I -• • ·, • (. Enclewood City Council July 7, 1997 Page II TIie resolution was assigned a nwnber and read by title : RESOLlITION NO . 74. SERIES OF 1997 A RESOLlITION APPOINTING OLGA WOLOSYN TO THE CULTURAL ARTS COMMISSION FOR rnE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 74, SERIES OF 1997. Ayes: Council Members Nabholz. Vonnillag. Wiggins. HabenichL. Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Bums presented a ccnificatc and a City pin to Olga Wolosyn . • * * • * Mayor Bums Slated. on bchalr or Council. 1ba1 lhey just wanled everyone to know how much they apprcciale the volunlccrs ror boards and commissions . He noted 1his City really couldn ·1 run wi1hou1 lhcm. He thanked everyone who came lonight. * •••• Council Member Vonninag conuncnled thal he would like to let Nancy Hughes and Michelle Lennan know that they arc IIICCling here tomorrow nighl . righl here in lhis room at 7 :00. No public hearing was scheduled before Council . (a) Approval on Ordinances on First Reading COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) tllruudl (x) ON FIRST READING. (i) COUNCIL BILL NO . 63 . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF rnE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE FOR THE PURPOSE AUTHORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD . COLORAOO . (ii) COUNCIL BILL NO . 64. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF rnE ST A TE OF COLORAOO WHO ARE OWNERS OF PROPERTY WITHIN OR RESIDENTS OF PAVING DISTRICT NO . 38 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED ------' • . .. D • • 0 l • • • Englewood Cit)' Cuuncil July 7, 1997 Page 12 GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . (iii) COUNCIL BILL NO . 65. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION 108 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS • SPECIAL SURPLUS AND DEFICIENCY RJND FOR THE CITY OF ENGLEWOOD. COLORADO. (iv) COUNCIL BILL NO . 66. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES . (v) COUNCIL BILL NO . 62. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $200.000 GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER THE BROWNFIELD PILOT PROGRAM . (vi) COUNCIL BILL NO . 511 . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT TO CROSS THE CITY DITCH WITH A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN THE U.S. WEST COMMUNlCATIONS. INC . (U .S. WEST) AND THE CITY OF ENGLEWOOD. COLORADO. (vii) COUNCIL BILL NO 5'.l . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 132 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. (viii) COUNCIL BILL NO 60. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 133 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR ·s AGREEMENT WITH THE CITY OF ENGLEWOOD. COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. . , • . .. • • 0 , -• • • (. En&lewood City Council July 7, 1997 Pace u (ix) COUNCIL BILL NO . 61. INTRODUCED BY COUNCIL MEMBER VORM11TAG A BILL FOR AN ORDINANCE AtrniORIZING A LICENSE AGREEMENT GREENLEY ENTERPRISES. INC . (MAACO AUTO PAINTING AND BODYWORK'S) AND THE CITY OF ENGLEWOOD . COLORADO FOR A 3' WIDE CONCRETE PAN CROSSING OVER THE CITY OF ENGLEWOOD 'S RIGHT-OF-WAY FOR THE CITY DITCH . (l<) COUNCIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER VQRM11TAG A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11iE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4 . 1997 . Motioo carried . Ayes : Council Members Nabholz. Vonninag. Wiggins . Habenicht Waggoner . Clapp . Bums Nays : None (b) Approval of Ordinances on Second Reading COUNCU.. MEMaER WAGGONER REMOVED 10 (II) (iii) FROM THE CONSENT AGENDA. COUNCU.. MEMaER CLAPP REMOVED 18 (It) (ii) FROM THE CONSENT AGENDA. (i) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (i) ON SECOND READING. ORDINANCE NO . 52. SERIES OF 1997 (COUNCIL BILL NO. 54 . INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE AMENDING Tlll.E 5. CHAPTER 3A. SECTION 7. WITH 11iE ADDITION OF A NEW SUBSECTION D. PERTAINING TO LIQUOR LICENSE RENEWAL OF EXPIRED LICENSES: AND Tlll.E 5. CHAPTER 38. SECTION 5. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR THE CITY OF ENGLEWOOD . COLORADO . Motion carried . Ayes : Council Members Nabhol7_ Vonninag. Wiggins. Habenicht Waggoner. Clapp. Bums Nays : None (ii) Council Bill No . 55 . acccp1ing funding from the Bu1C1u or Alcohol. Tobacco. and Firearms for a Federal Gang Rcsisiancx: Education and Training (GREA n program grant. was considered. Council Member Clapp said she jUSI had 011c question. for 1hc record . She Utcd it is her undcn&Udina that the section in the program. that would allow anybody 10 get i1110 a child's file. has been ICIIIIMIII. SIie ukcd if that is risht Officer McGrath advised 1ha1 he talked 10 our n:prcscnwivc on at the Burcaa fl .. • • 0 - • Enilewood Cily Council July 7, 1997 Page 14 . ' • • I~ • '· Alcohol. Tobacco and Fireanns. Pelc Marrcny . He explained 1ha1 was left in !here because 1ha1 conl.raCI has been used by a number of cilics in order for them 10 obtain !he s1a1is1ical dala necessary 10 do !he nationwide Sludy, which Council received a copy of several days ago. We arc 1101 a cily in 1ha1 Sludy. he advised. and 1ha1 was 1101 necessary . He nOlcd 1ha1 infonna1io11 was relayed lo the Ciiy Anomey·s office. Officer McGralh advised 1ha1 1hey said. even if Ibey do look al 1hc records in the other ci1ies. and a number of ci1ics are idemified in 1he li1cr.11ure. Ibey don ·1 have !he kid's names 10 go with 1he statistical data. II is only 10 look al and measure 1he program over lime 10 sec what their delinquency and success ra1e is. So. Council Member Clapp said. no one's privacy will be violaled by chat. Officer McGra1h advised that no one's privacy will be violaled on a na1ional IC\'CI and no doubl ii will be released on a local level. because we will be striking 1ha1 from lhe conlract and will not have 11131 as part of 1he oontract . Ms . Clapp said very good . Council Member Waggoner asked if there wcren ·1 also some questions last 1ime about !his laking some kids out of the DARE program or something. or alTccting the DARE program . Council Member Clapp said yes . She said 1he question "".IS lhal this is 1101 going 10 take anything away from 1he DARE program that is cun-cmly in place . This is in addi1io11 10. she said. and so 1his will 1101 take anything from wl13t we already have . Officer McGra1h explained 1h.11 whai Ibis program will do ,s replace DARE al lhe sevenlh grade level . Al lhc scven1h grade lc\'el 1hey will do away wi1h DARE entirely. He advised thal fifth grade level DARE is what Ibey call their CORE Curriculum. which means 11131 is the 1113jori1y of thcar nl3tcrial, energy and focus is dcdicaled 10 !he fifth graders because they feel 11131 1he fifth. sixth grade level is the target zone for kids who will try risky behavior such as smoking . !here is a linle bi1 gang information in then:. and certainly ocher drugs and aloohol. He said yes and no. fifth grade DARE will be unlouchcd and the school clisuict has fell tlial Iha! is imponanl. They did a survey and lhcy felt Ibey were having a good success ralC wilh fiftl1 grade DARE. Seventh grade DARE. he ad\·ised. was not as well rccei\'Cd in lhal study and the school d1S1rict ooncurs 11131 replacing DARE wilh 1h1s program would not have any ncplive impact on the students and would actually enhance wl131 is being 1augh1 10 1hc studcnls Council Member Nabholz said she would just like 10 say lhal she lias looked at 1he cumculwn lhal lhcy sent O\'Cf 10 Council and she was \'Cl)' impressed with it . She opined that 11 "111 be a real supplcmenl in the sevenlh grade due 10 1he fact that it addresses the dilTcrelll issues. more 0t11he gang. behav- modlfacauon. peer pressure and thal lypC of thing. She rei1cra1ed 1ha1 she was unpressed wilh iL M.tyor Bums said he was also impressed wilh ii. He noted he has aucndcd SIC\'Cl'lll DARE graduatiolls at the fi.fth grade le\-cl . bul lhis is a step up al lhe scvclllh grade IC\'CI 10 make kids much more awan: ol the gang influence . Officer McGra1h POied 1ha1 1hcre is so1ne dn1g i11fom1a11on included m 1hcrc and a summer component where they will be doing a few acuvi1ics in the summer \\ilh 1hem as a foll= up He opined 1ha1 Ibis program will really supplement what they do 1111hc fifth grade and keep 1hc officers. lumsclf included. m the schools having. hopefully . positi\'c co111ac1 \\llh ~oung people ORDINANCE NO . 53 , SERIES OF l<J'J7 (COUNCIL BILL NO 55 . INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11iE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS AND 11-IE CITY OF ENGLEWOOD FOR 11-IE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E .A.T .) PROGRAM IN BOTH PUBLIC AND PRJVAlE SCHOOLS IN 11-IE CITY OF ENGLEWOOD. COLORADO. " - . ' • . , ... • • 0 I J - • • • En2lcwood City Council July 7, 1997 Pa2c 15 COUNCIL MEMBER WIGGINS MOVED, AND ITWAS SECONDED , TO APPROVE CONSENT AGENDA ITEM 10 (b) (ii) -COUNCIL BILL NO. 55, ON SECOND READING. Ayes : Council Members Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (iii) Council Bill No . 56 . approving a Connector's Agreement with Cherry Hills Village Sanitation District. was considered . Council Member Waggoner advised that he voted no on this on first reading. He stated he will vote no again basically because the Buell property is included in the outline of the district and he remembers them telling us they didn 't want anything to do with the City . So. he said. that will be his position again this evening. Mayor Bums asked if that didn 't change. Acting City Manager Fonda asked Council Member Waggoner ifhe was referring to when they didn 't panicipatc. Mr. Waggoner said yes . Mr. Fonda advised that they are in that District and we have studied it si:ice and they have down zoned it substalllially . He noted that may be the wrong word. but th:tt they have gone from a very high density hotel complex with condominiums and so fonh. back down to one and two acn: parcels. Mr. Fonda stated they have had Black and Veatch look a t it and we feel with that many we can accommodate them . Tiien at that point. he said. when they do tap on tliey will pay the sewer charge tap fee that would help pay for the 111terceptor that went in. He commented he would be concerned and would not be presenting this. if in fact the hotel was still the proposition . He said his guess is then that the study would show that you would overload the sewer. Mayor Bums asked what status is this in with the City of Cherry Hills now . Actmg City Manager Fonda advised that wc had a contract with Cherry Hills Village that was signed in 197 5 a nd tlie thought it went for 20 years . He stated it expired so we ha ve been negotiating with them and we presented them with our standard contract for a ny of the districts that we serve . He stated that at first they didn 't want to acccp1 it. but now they an: accepting the co111rac1 that is our st a ndard and applies to any distnct tha t "e scrYe . So. Mayor Bums noted . they an: not getting any special trcatmem that they l~l\e to adlicrc Just like an~ other district . Mr. Fonda said yes. Council Member Habenicht asked what would happen. or what would preclude tliem. from changing that zoning once wc provide them with 111.11 connectors agrecmem . She asked ifwc would then have to increase our service . Acting City Manager Fonda said no. we would not approve it . TI~· can 't overload the sewers according to the comract . so we would not approve it. ORDINANCE NO . 5-4 . SERJES OF 1997 (COUNCIL BILL NO . 56 . INTROD UCED BY COUNCIL MEMBER WIGGINS ) AN ORDINA NCE APPROVING A CONNECTOR 'S AGREEME NT BETW EEN C HERRY HILL S VILLAGE SANITATION DISTRICT A ND THE CITY OF ENGL EWOOD . COLORADO COUNCIL MEMBER WIGGINS MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (iii) -COUNCIL BILL NO. !16, ON SECOND READING . A )'CS " Council Members Nabhol £. Vonmttag. W1gtns. Habenicht . Clapp. Bums Na)S Council Member Wa ggone r Motion c:i rricd • .. • • 0 , - - Englewood City Council July 7, 1997 PaEe 16 (c) Resolutions and Mo1ions • • !• • MA\'OR BURNS STATED THAT HE HAD A REQUEST FROM COUNCIL MEMBER HABENICHT TO REMOVE AGENDA ITEM 10 (c) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER REMOVED AGENDA ITEM 10 (c) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HABENICHT REMOVED AGENDA ITEM Ill (c) (iv) FROM THE CONSENT AGENDA. Mayor Bums advised. regarding Conscnl Agenda llem No . 10 (c) (iii). that tbere is an error in 1be amount. He pointed oul thal 1he infonnalion in lhc Council Conummicalion is correct. bul for some reason lhe amounl is incorrect on the agenda. He advised 1ha1 the amourll should be $55.000.00. 10 be consistenl wilh the staff repon Council has in their packet COUNCIL MEMBER VORMITTAG REMOVED AGENDA ITEM HI (c) (iii) FROM THE CONSENT AGENDA. (i) A recommendation from the Depanme111 of Financial Services 10 approve a resolution transferring funds and approprialing funds for Englewood 's share of1he Cinderella City si1e environmental clean-up COSIS was considered . Council Member Habenichl advised 1lia1 she asked 1ha1 this one be pulled because she is concerned . She said she guesses she doesn't liave a problem with transferring 1he funds from the General Fund to the Capital Projects Fund so 1ha1 1hcy don '1 liavc 10 do that a1 some future time. But she said. she docs have a problem with passing an appropriation of Capital Project Funds for things 1ha1 ha,·e not yet been resolved by tbe City . She opined 1ha1 is son of puning the can before 1he hone. She said she would not like 10 do that Ms. Habcnichl stated she would ci1her wanl 10 amend the ,notion 10 take out 1hc appropria1ion of those funds or to postpone 1his 10 some la1er date when we miglu ha\'e 1he appropriate agreements to work with . Director Gryglewicz advised 111:11 basically a1 1his time 1he1e arc no plans 10 aClually spend any of these monies. 11 just takes i1 ou1 of 1he General Fund so 1hosc aren ·1 appropria1cd in 1he opcraung budget . Basically. he said. they will stay in 1he Capital Projects Fund u111il 1here is an agrecme111 . So. he advised. nothing will be spcnl umil after 1he agrcemen1s are signed. Council Member Waggoner said 1ha 1 he 1hough1 Ibis was for other lhings. other tha n clean-up costs And . he noted. in the resolution itself we stale just clean-up costs. Director Gryglewicz ad\'ised i1 is actually for clean-up COSI~ as well as taking care of 1he Mo111gomery Wards lease and other miscellaneous costs. But. Mr. Waggoner staled. i i is not in 1hc rcsol1111011 1i1le. in 1hc 1i1lc ii just states clean-up costs. "hich is not qullc right He asked City Anomcy Bro1 zma11 if 1lia1 was lruc. Cil) Auonicy Brot.rnian rcconuncndcd a motion 10 c ha nge 1Jia1 from clean-up costs 10 Cinderella Ci1 y silc COSIS . take oul 1bc word clean-up. COUNCIL MEMBER WAGGONER MOVED TO AMEND, IN THE TITLE AND BOD\' or THE RESOLUTION, TO CHANGE THE LANGUAGE FROM "CINDERELLA CIT\' SITE CLEAN- UP COSTSw TO JUST "CINDERELLA CIT\' SITE COSTS. w Ma~or Bums asked if he wants 1ha1 language: lakcn oul of the whereas clauses ,1lso. Council Member HabcJuc h1 asked 1f1 hcy could a lso take .. a nd 1hc app,opna11011 .. OUI of there 100 ,, - • . .. • • 0 , - - Englewood City Cuuncil July 7, 1997 Page 17 • • • Council Member Waggoner clarified the motion means anywhere .. Cinderella City site clean-up costs" appears in the body and in the title you would change to just say "Cinderella City site costs ... Mayor Bums asked Director Gryglewicz. if for any reason the agreement would change. if they could just transfer the money back. Mr. Gryglewicz said sure. Or. Council Member Waggoner said. it could just s&ay there and reven back at the end of the year. Director Gryglewicz advised we would just do another resolution transferring it back to the General Fund. 111c resolution was assigned a nwuber and read by title as amended: RESOLUTION NO. 75. SERIES OF 1997 A RESOLUTION FOR THE TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND AND lliE APPROPRIATION OF CAPITAL PROJECTS FUNDS FOR THE CITY OF ENGLEWOOD'S SHARE OF lliE CINDERELLA CITY SITE COSTS. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 75. COUNCIL MEMBER HABENICHT MOVED TO AMEND THIE RESOLUTION TO REMOVE THIE WORDS .. AND THE APPROPRIATION OF CAPITAL PROJECTS FUNDS~ BOTH IN THIE TITLE AND WHERE EVER ELSE IT MAV BE STA TED IN THE RESOLUTION. She advised she bas no problem with transferring the funds. to reserve them and have them at tlic ready. But she does have a real problem vocing to appropriate funds ahead of any agreement being made. Council Member Vonnittag asked City Attorney Brotzman what. exactly. that means. City Attorney Brotzman advised that transferring tlic funds automatically appropriates it . that you arc doing that by definition when you transfer it . Mr. Brotzman said that if your question is. can you spend any of this money or will any of this money be spent without fun her Council authorization. the answer is none of this money will be spent without Council authorizing it. Council Member Habenicht asked how that authorii..ation will take place. City Attorney Brotzman e.~lained Council will either approve contracts or deeds. So. Council Member Vonnittag said. all they are doing is transferring this into anoclicr account so it is available to be spent . And so. City Attorney Browuan advised. it won 't be spent in Ilic General Fund. lllen. Mr. Vonnittag said. wlicn tlicy want to spend it they will come to Council for approval. So. Council Member Habenicht said. I here is no tacit approval of an~1hing based on this. City Attorney Brotzman said no . IN THAT CASE, COUNCIL MEMBER HABENICHT SAID SHE WOULD REMOVE HER AMENDMENT. Council Member Waggoner called for the question . VOkraaltt: Ayes: Nays: Council Members NabholL. Vonninag. Wiggins. Habenichl. Waggo1icr. Clapp, Bums None ,, - ., • • 0 , I -• • - En,:lewood City Council July 7, 1997 ··~ 18 Motion carried. (ii) A recommendation from the City Anomey 's Office 10 adopt a resolution concerning Ilic exchange of propcny to Highlands Ranch Metropolitan Dis1rie1 No. 3 . pcnaining IO Dr. Ohlson and the C-470 Interchange. Council Member Waggoner Slated hc asked that this 01ic be pulled. He said he was uying 10 remember. from lhc map that Council saw previously. the specific parcel that was going 10 be the Ohlson access 10 his propcny. He said now lie understands that Dr. Ohlson wallls 10 keep the original casc1nc111 11w was granted to him previously and use that as his access that goes 10 Cou111y Linc Road. Council Member Waggooc:r said his ques1io11 is if lie doesn ·1 need access 10 Ilic new road then wh!> arc we giving ibis 10 somebody else. why don 't \\IC just keep ii as pan of our own propcny. City Anorncy Brotzman advised tJw it is County Linc Road from his old access . hc won·, have a curb cut tlicrc 10 gel tlicrc. Acting City Manager Fonda explained that is pan of the taking. lie can 'I get out on that access. hc won·, using it. Council Member Waggoner asked what he uses then. Aeling City Manager Fonda advised hc uses the new one . Mr. Waggoner stated lie thought this was Ilic new one. City Anorncy BrOIZrnall explained 11w what this is is a clarification. He said Council has passed two ordinances previously. They took that to lhc Judge and he said you know this is nice but I wanl 10 make sure the DiSlriCI actually has Ilic authority you arc saying you have under IIICSC two ordi11a11CCS . Til3t 's all this resolution docs is clarify thc language for the Judge. lhal we ha\'c given him the authority 10 trade Ilic propeny 11131 we have previously under the two ordinances. Mr. Brotzman reiterated 1ha1 Council has already done this. 11131 this is jUSI clarifying ii for lhc Judge 11131 Ilic District has the authority 10 act on our behalf. So. Council Member Waggoricr said. we arc giving ii lo lhc Dililrict in order for them 10 deal with lhc Ohlsons. City Anorncy Brotzman said that is cornet. Aeling City Manager Fonda advised Council already has. the Judge could have acted. but hc wanted funhcr clarification and this is jUSI a stronger lilatClllCIII 11w says yes "e meant what we said laSI time. Council Member Waggoner commented 11131 C\'entually Dr. Ohlson will go out on the casement. City Attorney Brotzman said on Ilic new casement . RESOLtmON NO. 76. SERIES OF 19')7 A RESOLUTION CONCERNING THE EXCHANGE OF PROPERTY TO HIGHLANDS RANCH MEnOPOLITAN DISTRICT NO . 3. PERTAINING TO DR. OHLSON AND 11iE C-470 INTERCHANGE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 76, SERIES OF 1997. Ayes· Council Metnben Nabholz. Vonniltag. Wiggins. Habenichl . Waggoner. Clapp. Bums Nays· None Motion carried. (iii) A recommendation from the Pal1u and Recreation Depanmcnt 10 approve. by IIIOIIOII. a contract w11h Mallot. Peterson and Renner in thc amount ofS~~.OIMI for rcsurfacmg n:pun aa the Sinclair and Barde Park tennis coons Counal Member Vorn1i11ag asked if we didn't JU11 bave IJus done 11111 that long ago at Romans Pull. He aid it was just a year or two ago that we rcsurfaa:d Ille oac • tllat pa,t. Director Black said ya. Mr. V«miHag asked what is tearing these up. arc kids rollertlladiaa 1111 tbem or sometbiag. Mr. Blact llid • . .. • • 0 I J - Englewood Ci1,· Council July 7, 1997 Pace 19 • 0 I~ • no. jUSI over time. He explained that we have a replacement schedule that C\•ery year we try 10 go into differenl couns and repair those about every four 10 five years. That w-Jy. he said. instead of one large cost every year so. we kind of rolale those over. Council Member Vonninag asked if they are ae1ually being used . if there are a IOI of people playing tennis now days. DireClor Black said there are not as many tennis players as there use to be. however the courts at Sinclair have always been used somewhal heavily compared to the Olber couns. Currcn1ly. he advised. the condition of1bc coun really does not allow play out there . Council Member Waggoner noted the courts at Romans Park get used quite a bit. DireClor Black agreed . Council Member Vonniuag comtnented that he has never seen anybody playing tennis on any coun in our City. Council Member Waggoner stated that if we would turn the lights back on you would probably see more people playing tennis . Because. he noted . we 0011 ·1 even provide lighting anymore. Director Black said that is correct . Mayor Burns asked if the funds come from the Conservation Trust Fund for this. Director Black said yes . So . Mayor Bums said. ii docsn 't come out of the General Fund Budget anyway . Council Member Habenicht said she was wondering. since more was budgeted than we would be expending, if ii is possible to look again al doing something with the lights on the tennis couns. DireClor Black stated there is always that possibility oftuming the lights back on. that is something we could look at. but that would be long tenn. He noted we ccnainly would nOI want 10 go in and tum the lights on for a shon period of time and then have 10 tum them back off. DireClor Black opined that is a policy decision that we probably should talk about. especially for those couns 1ha1 gel he.ivy use. He said 1ha1 1s ccnainly an issue that we can discuss. Council Member Waggoner asked if 1ha1 is a standard color we have stancd to use . Manager Lee said he docs nOI know for sure. COUNCIL MEMBER VORMITT AG MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH MALLOT, PETERSON AND RENNER IN THE AMOUNT OF S!l!l.000 FOR RESURFACING REPAIRS OF THE SINCLAIR AND BARDE PARK TENNIS COURTS. MOlion carried. Ayes : Nays · Council Members Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (iv) A reco111me11da1io11 from 1he Paris and Rccrcauon Dcpanmelll 10 approve. by lllDlion. a contract \\ith T & G Hardwood Floor Specialists. Inc in the amount ofS98.57-4 00 for renovation of the wood floor at lite Recreation Ce111er was considered . DireClor Black advised that we would be replacing the current floor in tlte gym that we have repaired three or four times. After a period of ti1ne. lte stated. the floor gets extremely slick and dangerous He said they have worted with the Public Worxs Dcpan11tc111 over the last couple of yc:ars 10 review different f1oors thal arc out there. We have put a "ood floor in the aerobics room and . he 1101cd. probabl~ 1f1hcy had it do to over again they would have put a woodc11 floor in the ~-111 . Because JI docs laSI longer and JI 1s much easier on the knees for pa nicipants. He said 1f they would 0011cc there 1s an add on here that has to do with the youlh dance room He stated they had enough 11io1~· 111 thc budgc1 10 CO\·er that He said they had planned to look at that for I '>'JS . but tltere "ere e110Ugh fu11ds a,·.11lablc from lite Conscn·atlOll Tildi Fund 10 CO\'er that so they included that as pan of the package ,. - • . • • 0 I - Englewood City Council July 7, 1997 Page 20 • • t• • Council Member Habenicht asked if. in the other floor. lhey pul a one inch spring in 1here as well . Dircctor Black said yes. 1ha1 that was right Ms. Habenichl asked if thal was adequate. She said she is concerned because she remembers when her da11gh1ers look dance. people explained 10 her the imponance of having a sprung floor for anybody 1ha1 is doing any kind of jumping aerobics or what have you . She asked if a one inch spring is adequate for the health of people's legs. ankles. shin splints. knees. Director Black said yes. the floor will still give. that ii is certainly 1101 a three inch floor. bul what you have there is the difference in the transitions between the Door and the spaces going in. For a lhrcc inch Door. he explained. they would have 10 go further out into the hallways 10 do 1ha1. He said they didn't feel that was aa:q,tablc. Director Black staled that they think the one inch Door will be aa:cptable for the dance program and that it will be much better than what is in there right now. Council Member Habenicht commented that maybe there is something we can do at some time 10 re-elevate 1he hallways. or what have you. if indeed it is a better thing to do. She said she would guess her concern is she hates 10 do something that is not tbe best thing 10 do with such a heavy expenditure. Dircctor Black said that is right . that tbcy can verify that again. 1ba1 ii is his understanding that 11~11 is acceptable. But. he IIOled . they can certainly verify that before lhe installation. Council Member Habcnichl said she would reall~· appreciate 1ha1. Council Member Vonninag noted it says 1ha1 this comract is executed in live coumerpans. He asked what lliat means. Mayor Bums explained 1ba1 ii means you can liave live copies and people can sign different copies and they all become like one. Mr. Vonninag said he didn ·1 know if ii was like live different times doing different things. Council Member Waggoner noted it is essenually live onginals. Mayor Bums stated ii is used often if you liave people in all difTcrcm kinds of locations and 115 bani to Fl the same contract in from of each one of them. So. he explained. they all sign the same tJung He noted if you say ii is in counterparts llaq can each sign a difTcrem version and it is as if they all Signed them together al the same time. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE A CONSTRUCTION CONTRACT WITH T & G HARDWOOD FLOOR SPECIALISTS. INC. IN THE AMOUNT OF S91.57UO FOR RENOVATION OF THE WOOD FLOORING AT THE RECREA 110N CENTER. Nays : Motion carried. 11 . llcplar Apda Council Members Nabholz. Vonnittag. Wiggins. Habenicbl. Waggoner. Clapp. Bums None (a ) Apprornl of Ordinances on F irst Reading (i ) Dircctor Gl)·glew1cz presented a recommcndauon from the Department of Financial Services 10 adopt a bill for an ordinance placing a question on the No\'cmbcr ~. I '>97 ballot regarding financing for a Museum of Outdoor Arts al the Cinderella Cit) Site. He advised llus proposed ordinance would pul a question on the ballot lo incur debt . also incur an annual eost 10 support a MIIICUIII of Outdoor Arts and also pay back the dcbc 1lia1 is incurred. He staled 1ha1 they worted with ouasidc counsel to come up with this question. becaUiC it is somewlia1 unusual. He said he docs not ttunk II has been done in quite this niamicr anywhere else Council Member Habenicht said that although she nl05I strongt) supports Ilic Cit)' pursuing ncgouatiom and worting 10 locate Ilic Museum of Outdoor Arts here III En~ood. espcc~111) in conJUIICIIOII wilh lhc rak\•elopment of the Cinderella C11 y sue. she docs bcllC\c the re arc many W'J) s 10 e~ 10 do this. SIie said slic reall y docs not belil:''C 1lia1 tlus ballot question addrestcs 1ha1 or addresses what can be doac 1a terms ol ncgociauon . Slic commenaed that C\'CI)' tune she looks at II it jusl docs not make -to her ud she has a dilrlCUlt time with II . Ms Habenicht said slic llunks she has asked Ilic quest1on 1f Olhcr ideal. ,. - • .. • • • 0 , Enzkwood City Council July 7, 19'17 ··~21 • 0 • thoughts and options have been explored and she stated she would like to ask that they be explored and looked at. Mayor Bums said he would concur with th.at. that he is having a problem with this loo. This. he noted. is a lot of money. we don 't have an agn:emenl al all with them. they don 't seem to want to enter into a leller of intent at this point and they are not going to make a decision until September. He said he agn:es with Ms. Habenicht. Council Member Wiggins commented that we can always pull it before it goes to the election . He asked City Allomey Brotzman if it is true that they need to get it in now if it is going to be an issue . Because, he said. if they come up in September and say they wish to come in here then it becomes an issue that the vocers have to answer. Council Member Waggoner said then they may have to wait. Mr . Wiggins noted tben it will be two years down the road . Council Member Vonnittag said we take this now and cancel it between now and November. or now and printing. or we arc out of luck . Council Member Wiggins said. in response to Council Member Habenicht. that Financial Se"'iCCS and the City 's financial advisor worked together to lind the least expensive me1hod for finance . construction and operation suppon for the Museum of Outdoor Ans. Evcl)'body we have talked to so far. he said. has said this is the way to go with it and nobody else has come up with an~1hing other than that . He noted you can tbink of a lot of ideas. we can ha\'e ramcs . cake sales. c:,r washes or whatever. but nothing has ever come forward as feasible . Council Member Wiggins opined it is a valid issue to put to the taxpayers. Council Member Habenicht said she wanted lo make sure that if you arc agreeing with her. that you are agreeing with her in a clear fashion . She said she believes that we can and should work out an agreement with the Museum of Outdoor Ans. She stated she does not think a viable agreement with the Museum of Outdoor Ans needs this kind of taxing suuat1on from 1hc citi,.cns. She noted tit.II as people have been looking for a culturnl ans venue in Englewood and at that site. one of lhings that was discussed was the cost of building a building. Tiic Museum of Outdoor Ans wants to assume. totally. the cost of building a building. Slic opined that we are O\'Crlooking a lot of things that arc being brought up with this and making it some son of an extra. c.xtra eost and when indeed what most of the citizens said they would Ii.kc to see happen at tbat site would have cost quite a bit of money and doing it this wdy would end up saving the ta,-payers a lot of mOIIC)'. Making this into an issue of being more of a burden. rather than an asset to this community. she opined. is confounding the issue and that is the reason she does not suppon this approach. Mayor Bums said she is right they do disagree . He said the idea that 1his is not going to cost the taxpayers ... that tile)• want ten acres of free land as he understands it . and there is the yearly subsidy that we would have to ,·ote to give them in order to satisfy Amendment I . Mayor Burns commented that tlus is not a free lunch by any stretch of the i11~1gi11.t1io11 and the last memo from Doug Clark . on June 24 "'. says that MOA wants a lirm pannership with the City regarding annual opcrntions and maintenance. Titey are uncomfonablc with this 11cm being subject to annu.11 appropriation . He pointed out that the only way you can have it . is subject 10 anm~tl appropriaiion. if you don '1 lt.l\'C a vote under Amendtnent I . So . he said. it is the only way to go if )OU arc going 10 do that . Mayor Burns stated he docs not want to send a s1gnaJ by his vote that he thinks 11~,t somehow )OU c:11111cgotiate a free nde on tlus or somctlung that 1s not going 10 cost us some 10011~· He opined 1h:t1 it is going 10 cost us a lot of mone, Council Member Habc111ch1 s:ud that she thinks u 1s 1111pon:1111 10 recogn11.c 111.11 the Courtc1I has not met "1tJ1 that board . done any negot1at1on. or looked at auy other po1111s of view . She opmcd that II JUSI really docs deserve a lot more 1horough d1scuss1011 She said she agrees wuh Co111tc1I Member Waggoner tllal if something comes up do,,n 1he ,,~,, 1l~111l~1111ould be the 111ne 10 ,,ork 1011ard u ,,, - •. • • 0 ' - • Englewood City Council July 7, 1997 Page 22 • • , . • Mayor Bums asked what the time limit is on this . City Attorney Brotzman stated that if Council is going to have tl1is on this November 's ballot they need to do first reading tonight. Council Member Waggoner said he is not sure we need to 113vc it on this November 's ballot . He opined there are other ways to get somebody in there. whether it be MOA or whoever it might be. tl13t is going to be a people draw for th.it area. Now. he noted. if it is MOA then fine . They 1113y 113ve to take a little more of the responsibility . But. he said. he would guess he is not ready to put it on a ballot issue yet. when you know dam well something like this will IIOI pass. He said he docs not see it passing at all . Council Member Waggoner stated tl13t he thinks it is wrong to put it on the ballot . He niaintained 11131 if you put it on the ballot you have essentially killed it . you couldn '1 even get MOA in there. So. he said. for that reason he is not willing to put it on the ballot . The City Clerk was asked 10 read Council Bill No . 67 by title : COUNCIL BILL NO . 67. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF 11fE CITY OF ENGLEWOOD AT IBE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTiiORIZING 1liE ISSUANCE OF GENERAL OBLIGATION BONDS OF 11fE CITY OF ENGLEWOOD FOR 11fE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATIONS SUPPORT FOR 11fE MUSEUM OF OUTDOOR ARTS . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 67. Ayes : Council Members Wiggins. Clapp Nays : Council Members Nabhol1 .. Vonuittag. Habenicht. Waggoner. Bums Motion defeated. (ii) Cit)• Attorney Brot1J11.1n prcsclllcd a rcconunendation from the City Attorney and the Dcpanmcnt of Financial Services 10 adopt a bill for an ordit1.11icc placing a question on the November 4. 1997 ballot regarding Seel ion 32 or the Englewood Home Rule Cl13ner regarding Powers Expressly Withheld from Council. City Allomcy Brotzman explained 1h.11 this issue was identified in the recall procedures by the citizens committee 11131 c:ime forward on that issue . What came out of th:11. he advised. was that a u11.1nimous vote of Council was required under that section. that is impossible and wl131 Council has is the language discussed al Study Session. which was Council Member Waggoner 's rcco1mnendat1on . nae Cit)· Clerk was asked 10 read Council Bill No . 611 by title COUNCIL BILL NO . 68. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF 11fE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD. COLORADO REGARDING POWERS EXPRESSLY WITHHELD FROM COUNCIL . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 68. Council Member Wiggins asked \\here the pcnah) or pc1~1h y clause as or \\l1a1 act1011 can be lllken. if there is a viol:ttion by a council person regarding Scct1011 32 . Council Member Brot,man ach 1scd that • • 0 ...... ' ,-Lt._ Englewood City Council July 7, 1997 Pace 23 ' • 0 t• • there arc two actions. One is 1he acrion 1akcn in 1hc case al hand. which was 1he recall of Council Member H:uhaway. He stated there are also criminal violations for violations of the Chaner for misconduct . Council Member Wiggins asked who 1hose charges will be brought by. City Attorney Brotzman said that actually the Distric1 Attorney's Office would bring those . Council Member Vonnittag asked for an example or a for instance on something. City Attorney Brotzman stated that an example would be interference with a police officer. He said that is a criminal violation. so the DA would prosecute a council member for a criminal violation. which is interference. So. Mr. Vonnittag said. it would be done in an outside coun. Mr. Brotzman said that is correct. Council Member Vonnittag asked what the law is today. City Attorney BrotzJnan advised that that is cunently available under the Chaner as it now stands. Criminal prosecution can take place under Ilic cunent Chancr. you have tlic impossible language and you have recall. He Slated that all this does is remove the language that is an impossibility cunently. Because. Mayor Bums noted . you would never get a unanimous vote of Council . Vote results: Motion carried. Ayes : Nays : Council Members Nabhol, .. Vorminag. Wiggins. Habcnich1 . Waggoner. Clapp. Burns None (iii) Director Gryglewicz prcsemed a reconunendation from the Depanmenl of Financial Services to adopt Council Bill No . 69 placing a question on the November 4 . 1997 ballot regarding an increase in maximum 101al pension benefits for "old hire" firefighters . Director Gryglcwicz noted that they jUSI discussed this in Study Session. He said this ballot issue would allow the City to incur a multi-year obligation to increase tlic maximum total pension be1icfi1s for cunent old hire firefighters from 65% to 74"/u of monthly salary . He advised i1 is estimated that this will COSI a present value of $485.000 and the cos1 would be amoni,..ed over 24 years at an annual cost of $50,000 which would be included in tlic propeny tax levy of Ilic propcny owncrs in lhe City of Englewood . Council Member Habenicht said ii is her understanding that our firefightcr ·s old hire and 1icw hire have pension bencfits thm are similar or in excess 10 those of our other employee groups. Bc:cause of that. she stated. she feels uncomfonable aboul supponing this. Cenainly. slic said. the petition process. if tllCy wanted to do tlial to increase that. seems reasonable . But. slic opi11Cd. at this rime she does not think it would be approprialc 10 suppon 1ha1 for one employee group over another. Mayor Bums asked Director Gryglewicz why the proposal is incrcasmg II from 65% to 74%. why that panicular percentage. Mr Gryglcwicz referred Council 10 a Mercer rcpon 111 1he1r packet . He stated 1ha1 on page onc. PlamlCd Provisions. Study One. wluch basically llus mcrcasc 1s 10 pro, 1dc a 2% of monthly salary for each year of service aflcr 211 )'Cars up 10 a max1111um of 74'Yu of mon1hly salary Currently. he noted. ii is 1% after 20 years. So what it docs is increase 1lic maximum a firefighrcr would cam in pension to 74'10. So . Mayor Bums said. i1 jusl cx1rnpola1cs Ilic 24% if you do a 2% monlhly increase. Director Gryglcwicz said 1lia1 is right . Council Member Waggo1icr said right now. wi1h all lhc other expenditures that we arc looking al . 1Jia1 he bas a 1endcncy not to increase Ilic propcny tax for this specific purpose at 1his rime . Council Member Habenichl asked for a point of order. She asked what happens if nobody moves this. City Anorney Brotzinan stared ii dies. Mayor Bums noted Council docs not ha\'c comment from 1hc audience :11 tlus po1111 . 11 - . , • I· • 0 l I - • • • Englewood City Council July 7, 1997 Page 24 ' • • I • • Council Member Nabholz asked if 1his could be 1ablcd for funhcr discussion. Mayor Bums said yes . City Attorney Bro1zman explained thal this is 1he m~ing to put things on the ballot . So . he advised. that what they arc basically doing is s.1ying that you will look at it next year. if you move to table it. Mayor Bums advised that he is on the Fire Board and he voted against 1l11s at 1he lime . ADOPTION OF COUNCIL BILL NO. 69 DIED FOR LACK OF MOTION. (iv) Director Gryglewicz presented a recommendation from the Dcpanmcnt of Financial Services to adopt Council Bill No. 70 placing a question on the November 4. 1997 ballot regarding an automatic C051 of living adjustment for the pensions of currently employed .. old hire~ firefighters. He advised that this is another cnh.1nccmcnt to current benefits for current old hire firefighters. He said it 1s an automatic cost of living adjustment. the CPI or 3"/o. whichever would be less. The current present value of this benefit is $2 .3 million and would be amonized over 2.i years at an annual cost ofS250.000. Council Member Waggoner asked if $250.lKlO is about one mill propcny lax lcv~. D1rec1or Gl),glewicz agreed it is about one mill . Then. Mr. Waggoner said . 1ha1 is abonl what 1his would cost. one mill . for all the propcnies. Director Gl)'glewicz said yes lo all the propcny owners wi1hin 1hc Ci1y of Englewood. Council Member Wiggins asked Mayor Bums, as he was on the Fire Board, how they voted on this issue or what was their conclusion. Mayor Bums advised it ,v-.is four to 1wo to refer ii 10 Council. He said as he remembers. on bolh of lhcsc he was very unfamiliar wilh these two issues al the lime they came up and that was tl1e reason why he did not vote for it at that time . 8111 . Council Member Wiggins said. in 1hc in1erim. still being on 1hc Board. he asked what his feeling is :11 this point . Mayor Bums noted that on an annual basis this is considerably mon: 1han 1he one Council just didn ·1 pass. He s1a1cd 1his is difficult. because as he mentioned before al S1udy Session. we have 1cn potential ballo1 issues. now nine for the Citv of Englewood alone. Plus. we have the RTD Guide lhe Ride Progr:1111 las and 01her 111111115 on 1he ballot . · Mayor Bums said he has a concern of how many difTen:111 kinds of linancial tax 111:mers we can have on the ballot before we gel 1aspaycr revolt . So . he said. he 1hough1 i n lieu of his lasl \"Ole he would probably remain the same. Council Member Habenicht said she thinks maybe ii is imponant to recogni7.c thal maybe we need to look. over tl1C next yea r . at 1he pensions for old hires. new hires and take a look at it . if there is some real concern there. But. she opined. al this lime. 10 do I his on lhe ballot. just doesn ·1 feel right to her. Mayor Bums s.1id he w:1111ed 10 say he is not againsl 1he whole idea of a cost of livmg increase for them. He opined 1hey shouldn '1 Just drop lhc whole subject if 1hcy an: not gomg 10 pass 1l11s He felt Council could revisit ii and sec 1f the budget mg and b:1llot111g ne.~t yea r 1s gomg 10 be d11Tcren1 from 1t11s year. Which. he noted. 1s an elcc11011 )Car. "hich he fell. lends 10 ge11er:11e mon: b:1llot issues au~w,1). He rci1erntcd he is not aga111s1 1he whole idc:1 . he 1s 1io1 against conumnng 10 stud~ 1t11s Council Member Nabholz s.1id 1hat n:g.1rdlcss of liow many b.1llot issues 1hen: "en: 111 No,embcr. she thinks this is something 111.11 rcall~ needs 10 be looked al and addressed. She s1a1ed she feels our lire dcpanmcnl is a very impon:1111 cn1i1y oftlus Cily and she would appreciate lookmg a1 it clOfCr ncx1 year . ADOPTION OF COUNCIL BILL NO. 711 DIED FOR LACK OF MOTION . (v) Cil) AnonlC) Bro1111~111 presented a n:co1111ncndauon from 1he City Attorney 's office to adopt a bill for an ordinance pl:icmg a quesuon on 1he NO\·cmbcr 4 , 1997 ballot regarding popular election or 1hc Mayor He advised 11~11 llus issue again is 1tic election or a ceremonial mayor "'~ • . I • • 0 , • • Englewood City Council July 7, 1997 Page 25 • 0 I• • One of the at-large positions. becomes lhc Mayor's position . He noled this ordinance still contains. as a qualification to become Mayor. thal you must have served two years on the Englewood City Council . The City Clerk was asked lo rc.1d Council Bill No . 71 by 1ille : COUNCIL BILL NO . 71. INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REQUIRING THE POPULAR ELECTION OF MAYOR. THE QUALIFICATIONS FOR MAYOR AND CITY COUNCIL MEMBERS. AND THE CRITERIA FOR COUNCIL DISTRICTS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 71. Council Member Wiggins referred 10 where it says. 111 the whereas. a person would have 10 resign office in sufficient time 10 allow clcc1ion of 1heir posi1ion . He asked City Anorney Bro1zma11 wh:11 is 1he time frame 1ha1 one would have to resign as an at-large candid.11e. or a distric1 person. 10 nm al-large for Mayor . City Anorney Brotzman advised thal 1hat may vary as some of lhe election laws change. which is why they left it a lillle vague . Bui. he advised. as soon as 1he council packets go out. that a council person would have to declare at that time. so you have an open . vacant sc.11 . He Slated that way you won ·1 have to have multiple elections. one person running for mayor that is a current council person . It would back up to as soon as packets go oul. thal council person would have to declare themselves . Council Member Wiggins asked if you could say an approximate July before elections or something like that. Council Member Vonnillag asked when 1hcy come ou1 now . City Clerk Ellis advised July I". City Attorney Brotzman said thm is when they would be ni;1king their declar.uion . Council Member Vonnittag asked if you would lia,·e to resign your sc;u 10 nm for 1ha1 position . Ci1y Anorncy Bro1zman said 1hm is correct. Mayor Bums asked if you are in a second 1crm and )OU arc li;11f way 1hrough. you resign . you stan lhe tenn limit. if there is sllll a 1ern1 limil. over again. by nmning for nia)or. Ci1~ Anorncy Brotznian said the mayor would be a new posi1ion. ii is separate. so everything stans over . But. Council Member Waggoner said. there wasn't a two tenn limit on this . He asked iftliat is true . Ci1y Attorney Brotzman advised that 1his one Slill has 1enn limils. term limits apply to this ordi1iancc . Council Member Habenicht said if you arc half way 1hrough a tenn and you decided to run for the mayoral position. you wouldn 'I vacalc your sc.11 nmil lhc lime of lhe election . She asked if 1liat was right. Council Member Waggoner said you would vac.11e it in order to nm . City Anomcy Brotzman concurred. Council Member Wiggins conunenlcd 1ha1 1li;11 would lc;we 1hc Council shon . how many members? Council Member Habeniclu said ii was her understanding you would vacate 1hc sc;u for the purposes of having that sc.11 elec1ed . Ci1y Anomcy Brot zman said she was saying when do ~ou ae1ually leave the scat. Ms . Habenichl said thal is right. Mr . Brownan s;ud 1ha1 1s a good qucst1on Council Member Habemcht said she would like to move to amend that so 1hcy wouldn't be m 1he position "here 1he Council would have to lcmporarily appoinl somebody . that lhal person would indicate their willingness 10 run and they would be vac.11ing I heir sc.11 for lhe purposes of 1he clec1ion . So tlial . she s.1id . if 1hcy would be elected mayor there would be an election cilher wa y. But. Mayor Bums noted. if you arc elected mayor and you haven't vacated your other sc.11 . you take a new sc.11 and lhe other seal is open . So then . he said. you have to have a subsequent election to fill the scat Ihm was vacated . Council Member Habenicht stated that is why there would be an election for thal sc.11 . She s.1id . for ins1ancc . nglll now she 's in 1hc middle of her tcnn . and she would s.1y she w;ims to nm for ni;1yor Ms . Habemcht s.1id that means slic would vacate her scat for Ilic next two years so 11~11 1li;11 ,,ould come up for clec11on in November . if slic 1ri;ldc 1ha1 declaration . Council Member Wiggms s;ud 1hcn 1f )OU lost 1hc clcc11on )Ou ,,0tild be olT )OUr scat. "' - . . • • • . • 0 En,:lcwood City Council July 7, 1997 Page 26 • 0 - Council Member Habenicht said yes. if she lost the election she would be oil her seal and oil the mayor 's seat. And. she pointed oul . there would have been the opponuni1 y 10 elect somebody 10 1ha1 vacated seal . Mr . Wiggins noted 1ha1 is not the way ii re.1ds . Ms . Habenicht said 1ha1 is the way she understood ii and she would like 10 ask 1ha1 lhal be clarified . Council Member Vonnillag asked ifllml would only be good for lwo years . Mayor Bums said it is a four year 1enn . City Anomcy Brot zman advised 1ha1 lhc person Ihm gets elected would have a 1wo year 1enn . So. Mr. Vonniuag said. instead of being appointed for 1wo years. you would be elected for two years . City Anomey Brotzman said what you want then is for that person 10 be able lo sit from July 10 November. Council Member Habenicht said yes . on the City Council . Mayor Bums said he is still not sure he understands. He asked if there is an election going on al that time for 1ha1 seal. Council Member Habenicht said right. but that person cannot run for 1ha1 seat . Mayor Bums said he understands . City Clerk Ellis com111ct11ed 1ha1 . in the whereas . ii talks about vacating. but under 23 all ii sa ys is you ha\'e 10 indicate you arc a candidate . She said . 1ha1 language indicates 10 her. tba1 1ha1 would not be vacating 1hc sc.11. She asked Cit y Auomey Brotzman if he agreed . Ms . Ellis opined ii just indicates their imcmion needs 10 be staled . Mayor Bums asked if you can do 1ha1 . if you can vacate a seal and still sil in it. with an election going on al the same lime . City Allorney Brotzman said sure . for these purposes . Council Member Clapp commented she is having trouble with this lwo year minimum. She said she does not know why 1ha1 is necessary . llic way this is wrinen . she noted. is would be a requirement that you serve on Council for two years . Ms . Clapp staled she does not agree with lhal. She said if Ibey are going 10 have the two year requirement . they might as well leave ii the way ii is . Slic said that is jUSI her personal opinion . Council Member Habenicht asked if she wanted 10 anicnd 1ha1 . Ms . Clapp asked if Ibey arc amending ii anyway. Council Member Habenicht said 11~11. as slic understands ii. lhc vacation docs not nican )OU have 10 leave the seal . City Anorncy Bro1zn~1n said 1ha1 is corrccl . So . she said . 11~11 was Ilic wa y she was understanding ii . Mr . Brot zman s.1id 1h;11 is correct . Council Member Wiggins said be wanted 10 oiler another example . 1ha1 his term is up for his district and the mayor is up for this time . He would resign right now. ellcclive July 1 • when the packets ca.me out and he could run for ma yor. Mr . Wiggins noted what he is gelling at is basicall y there is no seal available then . except his seal is vacant. but he is onl y goiug for 1~1yor. So lhat would make his seal available for election . or ii would be at 1ha1 tune . Cit y Auon!C)' Brot zman said 1ha1 is correct. Council Member W1gg111s Sl ated Ilic other 111111g 1lm1 gets him. is 11~11 nghl al the very beginning II says "for ceremoni al purposes often called upon 10 rcprcscnl the Cit y." Mr . W1gg111s advised 1ha1 he talked 10 all of the past mayors 11~11 are sull alive and 1hey all canic from districts. he s.ud he 1hough1 Jim Taylor was the last one 11~11 was at-l a rge . He smd iou go do"n 10 George Allen . Gene Olis. Susan Van Dyke . Sheri Gull ey and now Tom Burns and lumsclf Counc il Member Wigg ins s1a1cd he docsn·1 know of one oflhem 1ha1 had a problem or anyone saymg an ywhere 1ha1 they were 1101 properl y represented per se by the mayor. He noted 1ha1 you look do,,n in there and ii sa ys the mayor pro 1em will be elected by Council and yet . he pointed oul. the ma yor pro 1em will do the same duties as the n~t yor. Well then. he noted. they should represe1111hc Cit y as a whole 100. then the n~1yor pro rem should go up for election. if that is the case . He opined ii is m,1ss confusion . 1ha1 iflhc thing isn 't broke ... lac said lac doesn 't see where the problem is . Council Member Wiggins staled tlac ci1i1.cns are being represented . He said he thought Mr. Cla)10n said ii preny well earlier I his e\'ening. lhal we lm\'e a responsibility for cvcr)'body and we represent llicm . He s.1id as lac looks al ii . wl~11 if you gel a mayor in here 1ha1 sts Oilier people don '1 get along with . If you have :111 unpopular ma~or . you can 't do anything . bul lhe people could recall them . ..... ,. _ • • 0 , - Englewood Cil)' Council July 7, 1997 Page 27 • • • that's the only thing that can be done. bu1 1he rcsl of Council can ·1 work with him . Council Member Wiggins opined that the sys1e111 has worked line as it has been over this period of time. He said he has had no one 111ake this an issue or comment aboul it . that they fell the need 10 change 10 a popular election . He said he thinks they should defem ii . Council Member Clapp said she has heard people wanting an elccled mayor, bu1 her understanding of1ha1 is more of a strong 111ayor/council fonn of government 8111. she noted. this Council . at a Study Session. clearly did not suppon thal and she said she respects that She suggested perhaps 1he people in 1he community. and Englewood as whole. need to look at that. review it and decide if they want lo petition that or revisit that again. She said she just does not feel that this piece is es.JCtly what people are looking for at this time. Mayor Bums recognized there was a 111otion. he didn '1 hear a second and stated: 111E MOTION DIED FOR LACK OF SECOND. (vi) City Atlorney Brotzman presented a rcco1111nend:11ion from the City Allomey's Office 10 adopt a bill for an ordinance placing a question on 1hc November -l . 1997 ballot regarding the removal of tenn limits. Mr. Brotzman advised 1ha1 this removes lhe currenl paragraph under Section 22 of the Chaner lhal requires the term limils 1ha1 arc presently in place . Council Me111ber Wiggins n:111inded Council lhal. back in 1991. lhe vole in Englewood was 12-l7 lo 549 in favor oftenn li111its . He said Council Members an: replaceable and there are people in Englewood who are better or equal and who can serve the City well . He opined 1ha1 1wo tenns are sufficienl and he will 001 suppon this one . The City Clerk was asked 10 read Council Bill No . 72 by title : COUNCIL BILL NO. 72. INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF 11iE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD DELETING TERM LIMITS. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (\'i) • COUNCIL BILL NO. 72. Council Member Habenicht staled that she respectfully hears Council Member Wiggins ' co111ments about the lasl vote. She said 1ha1 the subject of 1en11 Ii mils was discussed al lhe CML Conference. which she attended. Four 10 eight years ago. 1en11 limits was the thing 10 do. she said. b111 more communities and more people are recognizing 1ha1 1hen: arc some real problems with 1enn limils. Ms . Habcmch1 satd she feels ii is imponanc 10 give 1hc ,·otcrs an opponuni1y 10 rcaffinn 1lu11 or 10 change 1he1r nunds Council Member Clapp stmcd 1h.11 she does 1101 feel she can suppon 1his She feels 1he people spoke . and that she personally has 1101 heard a whole 101 011 1erm limi1s . She added 1ha1 she suppons 1erm limns. Mayor Bums said he luts 1101 had anyone 1ell him they would like 10 remove 1enn limits and he does not sec any reason 10 have another vote when there was such a huge 1najority a few years ago . Council Member Nabholz agreed. adding Ihm you have your alloued lime 10 get in and do your job . She said it is also Council's duty , as Mr . Clayton said. to line so111cone up 10 take over . ,,,_ • .. • • 0 , - • • Englewood City Council July 7, 1997 Page 28 . ' ,, • • t• • Mayor Bums said it would help to promote leadership programs in the community, which we really haven't been doing that well. He said he appreciates the Chamber ofConuncrce taking an active role in that, 100. Council Member Waggoner said he doesn't think we have even asked the Chamber how they would look at it. Mayor Bums said not this panicular issue. just the leadership program . Council Member Habenicht shared that a lot has been said about the leadership program. The City tried to get that and really worked on it two years ago. she said. and opined that the City is taking a bum wrap. because a lot of people worked 011 that. She noted several of us worked with Kelso Kelley. whose idea it was to put it forward . To say that the City and the Council have not been active in trying to develop a leadership program is wrong. she said, and she. for one. has been working on it for at least eight years. It has only been rec:cntly that we have been able to get some suppon from Ilic rest of Council and the community. Mayor Bums agreed. He said Mr. Kelley championed a very successful similar program in Lakewood before he came to Englewood . Unfonunatcly. because the bank changed hands. his position was eliminated. It was touglicr to get this done in Englewood initially when he worked on it. he said. Council Member Waggoner said he feels the people should really have the choice. They have the choice. if a council person is not doing a good job. they have the right to recall . He said the opposite should be true also. If person is doing a good job. they should not be thrown out because of term limits. he said. 1111: people ought to be the voice of who is going to serve them as their representative and tenn limits does not allow that choice. For that reason. he said. he will suppon the council bill . Council Member Clapp said she is going to change her vote. not that slic docs not S11ppon tenn limits. but she will suppon going to the people. Mouon defeated Ayes · Nays : Council Members Habenicht . Waggo1icr. Clapp Council Members Nabholz. Vonninag. Wiggins. Bums (b) Approval ofOrdin:111ccs on Second Reading (i) Director Gryglcwicz presented Council Bill No . 40 regarding tl11: Firefighters 20"1. Supplemental Disability. He told Council that this bill for an ordinance has been before them previously . This minors an ordinance that was passed for the police officer section of the code on May 19111 ol this year. and. he said . Slaff recommends passage at this time. 1111: Firefighters' Pension Board may propose changes of its cnm. as it is going to meet this week to discuss this. If Council decides at a later date that those changes should be made. he said. another ordinance can be proposed. Responding to Mayor Bums. Mr Gl)gle\\ic,. said this 1sjnS1 an ordinance. not a ballot issue. Council Member Wiggins said \\e have put this 01Tbccm1se Mr Sea~ spoke 10 Council . He commented that this ordinance proposes S1:111dards . for dctemuning whether a firefighter 1s permanent I~ disabled. tliat arc in lir11: \\ith those imposed on police officers. Council Member Habenicht said the pension board asked to meet with Council in a Study Session to discuss this and tliat lw not been accommodated. and. therefore. she does not feel it is appropriate to wtc on it now. " - • .. • • .. ,1,,. l Englewood Cit)' Council July 7, 1997 Page 29 • 0 • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (b) (i) -COUNCIL BILL NO. -10. Ayes: Council Members Nabholz. Vonninag. Habenicht. Clapp. Bums Nays : Council Members Wiggins. Waggoner Motion carried. c) Resolutions and Motions There were no additional resolutions or motions submilled for approval. (Sec Agenda Item 10 -Consent Agenda.) 12 . General Discuuiun (a) Mayor's Choice I. Mayor Bums congratulated everyone who worked on the Founh of July celebration. and especially Council Member Vonnittag on the dedication of the airplane. He thanked Mr. Vonnittag. and his father. the officials who worked on this and the Colorado Lotter)' for the funding . He said it is a pretty impressive airplane. The fireworks display was very good and it was a vel)' enjoyable d.1). he added. 2. Mayor Bums said he has received some calls about the RTD neighborhood meeting the other night on Mariposa . He said they were mainl y engineering questions in the profile of the ny over for the light rail line and enhancements for the RTD stop in Cinderella Cit y. He said he understands there will be some more infonnation provided about that and he said he is interested in hearing more about it also. It is a matter of resolving some of the issues with the neighbors who arc concerned about their view and it will be good to have a follow up on that. he said. 3. Mayor Burns commented on the resignation of City Manager Doug Clark. He said this was a most difficult thing to go through and it was not something that he was in great suppon of. He said he has talked with ex-mayors. business people and citi1.cns and has mcurred quite a bit of alann from them about this and the future of the Cit y and Cinderella City. He said he hopes that some of this alarm will calm down after a while and added that it is imponant for us to move ahead. Mayor B1m1s Slated that he learned from this that there arc two decidedly scp;iratc p;1ns to the job of Cit y Manager. One is to be an adminiSlrator and to admini ster e ight dcp;1n111en1 he.ids and .aoo emplo~ccs and about $65 million wonh of budgeting, and to do the 1!.1y to day work of the City . The other p;1n is 1he 111di\"idual rclauonslnps between the City Manager and the members of the Council. As our Council Members ha ve said in the press, it was a communication problem with most of them and that pan of the job. it a ppears. is just as imponant as any other pan . lftli;u is a problem. the City Manager's Job can be in jeopardy jUSI the same as if they were badly 111.111.1gi11 g the City. Ma)Or Bums said he feels Mr. Clark did a basically good. solid. professional job for the City. but the majority of Council had a problem with the personal rela tionships and. he opined. that needs to be te nded as well as a n)1hing else Now. we 11111st 1no\·e on. he said. and there still a re a lot of very pos1t1\·e 1lungs going 0 11 111 Englewood. He ment ioned thai he had a call today from a rcaltor congratulatmg us on First Data. and li;1 s li;id comments on the improvements on South Santa Fe. TI1ere is a general spm1 of opunu s m . he s:ud. "11h the Brownfields ProJcct. which was quite an award for the City of EnglC\\ood 11;111011:111 ) We 11.1\"c a lot of good 1hings going for 1he City . he opined . and the most imponan1 thing is 10 n1.1 1111 a 111 a positive a1111udc bcc.111sc 1he people a rc willing 10 go with us on these things and they back us . We JUSI need 10 move forward . he said. and mo\'e into our plan for obtaimng another manager. a 1id in the meantime . suppon our staff a nd depanmenl he.ids . and the interim manager so thal we can work together. Mayor Bums smd he feels this gives us an opponunity during this inlerim to sit down as a Counci l and talk about 1hese con1111u11ica1ion problems. He suggCSlcd Council see how they relale to each 01her . IIO\\ 1hcy relate to the citi,.cns and lhc press. so tlt."lt 1hcy can try to avoid. in the future . these problems tl i;u led to a n unfonunmc consequence in this case. He said he is saill very ...... • • • 0 , - ] • Englewood City Council July 7, 1997 Pa~e JO (. • 0 • optimistic and encouraged about the future of the City. and he feels this is a time of great change in Englewood. We need 10 press ahead and move on with great optimism for the future. he said. (b) Council Member's Choice (i) Council Member Nabhol z : I. She thanked everyone involved with the Founh of July celebration. She said Chris Olson got one more pie in the face than she did . 2 . She thanked Council for allowing her and her constituents 10 anend the CML Conference in Snowmass. She submined her rcpon to Council. 3. Ms. Nabholz s.1id she nccdcd 10 schedule a Study Session. like Barbara Fout had discussed. with Englewood Focusing on Tomorrow (EFOT) and Council lo discuss teamwork in regard 10 how Council can be a benefit and help with regard 10 code enforcement . Council Member Vorminag said he thinks we arc going 10 be meeting with them on the 14'". 4 . She said she will follow up with Mr. Stark on 2K40 South Sherman Street. She said she looked at the propeny again and was under the impression 1ha1 ii was acceptable and things were line. She said she will personally follow up on that one . 5. She said, when Council makes assignmellls 10 boards or commissions. 1ha1 she would very much like 10 be assigned 10 serve ou one. City Anorncy Brotz man s.1id that is scheduled on the 14"'. 6 . She asked for a status update on Orchard Place. Mayor Bums said that is moving along. He spoke last week wilb Cheryl SI . Clair. the new director. and she is systematically looking at this whole situation. including the rcsidem managers. he advised. He s.1id he also spoke 10 the legal counsel for the Housing Authoriry, who is quite conlidcm that this is going to be resolved . Mayor Bums said he also talked to some of the tenants from Orchard Place and it will take some time. obviously. because it got to be a serious problem. He expressed great confidence in Ms. St . Clair. suuing 1h:11 she is an accomplished professional. and that he believes this will be worked 0111 Council Member Nabhol z asked wl~II the 1i111e frame is an1icip;11cd lo be . Ma~·or Bums s.1id he feels ii will be a molllh or two. at least . but neither he. nor Ms. St. Clair. arc cenain how long ii will take. 7. She commented on the police response that she h,1d in her neighborhood on the Founh of July . She said they were there promptly and took care of the mailer. She said she was \'Cl') impressed. 8. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, THAT THE CITY COUNCIL ACCEPT THE RESIGNATION OF DOUGLAS A. CLARK AS CITY MANAGER EFFECTIVE JULY 7, l'J'J7, IN ACCORDANCE WITH THE RESIGNATION AGREEMENT. Motion carried. Ayes : Nays : Counc il Mc111bers Nabhol 1.. Vornunag. Habe111cl11 . Waggoner. Clapp . Burns Counc il Member Wiggms (ii) Council Member Vorminag: •. D ., • • • 0 l -I - Englewood City Council July 7, 1997 Page 31 '· • • • • I . He thanked Council for coming to the Fourth of July dedication of the airplane at Belleview Park. He also thanked Jerrell Black and Dave Lee for doing an outstanding job. 2. COUNCIL MEMBER VO RM ITT AG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION WITH BOB SIMPSON, CHUCK ESTERLY, STU FONDA, JERRELL BLACK AND CITY ATTORNEY BROTZMAN FOR A REAL ESTATE MATTER IMMEDIATELY AFTER THIS MEETING HAS BEEN ADJOURNED. Ayes: Council Members Nabholz. Vonnittag, Habenicht. Waggoner. Clapp. Bums Nays: Council Member Wiggins Motion carried. (iii) Council Member Wiggins: I . He asked that Code Enforcement check the weeds at the nonheast comer of Huron and Belleview. He said it is a continual. annual occurrence: at that comer. and. ii is his understanding that Code Enforcement is going 10 get tough . If that is the case. none of this warning jazz. he said. cite them immediately. 2 . He commented that we have this nice new highway down there ai Santa Fe. and he n01iced that. against the median wall. the debris accumulates there. He asked Director Esterly if that is strictly to be swept by the State. or can wc take a sweep down there once a month or so. The junk that accumulales there. he said. really looks terrible: for such a new highway. and he wondered if they would allow the City to run their sweeper down there at around two in the morning. when there isn ·1 much 1111ffic. Director Eslcrly responded that he will look into it. He said the Slale docs noc object to the extra sweeping we provide on Highway 28S . Santa Fe is a dilferem classification of roadway. so wc will need to check with them, he said. Mr. Wiggins said there is a bad amount of junk on a nice new road and he would like to see it laken care of. 3 . He said there was something in Cou11c1rs padu:ts about nooding al J564 South Corona. He said he thinks that wban drainage might do son1c:d11ng III that area and. since they derive funds from our area. wc ought 10 pursue having them find remc:dics for those people · s problems there if possible. 4 . He thanked Jerrell Bladt for handling a problem about the ball field lights being on at Belleview Parle He said he mentioned it to Mr. Black a while back . and he look the bull by the horns and he resolved ii . He thanked Mr. Black for an c:xccllelll job. 5. COUNCIL MEMBER WIGGINS MOVED TO TAKE STEPS TO BEGIN THE PROCESS OF SEEKING A NEW CITY MANAGER, WHATEVER PROCEDURE THAT TAKES. Council Member Vonnittag asked if this would be a Study Session where we would sec where we are going to go with it. Mr. Wiggins said we ha\·en·1 taken any S1cps 10 do ;111~1l11ng and now "c have no City Manager and wc need to replace him . Council Member Habenicht said she feels ii would be imponanl at this lime 10 appoint an interim City Manager. Mayor Bums said we have a rnocion first . He asked if we want to change imc:rim managers fir51 . Council Member Wiggins said it doesn 't anakc: any dilTc:rc:ncc 10 him. Council Member Vonnittag asked if he could also 111.ike a motion 10 go into Executive: Session to discuss a personnel m,11tc:r and then we could take ii up with the City Attorney . • .. • • 0 ' - ] Englewood City Council July 7, 1997 Page 32 .. • • • Mayor Bums said we will take these one at a time. that Council Member Wiggins made the first motion. which is to initiate a process to select a new City Manager. Council Member Habenicht said she would rather sec it put on the next Study Session to discuss what kind of process we want to use . Mayor Bums asked if we need a motion . City Allorney Brotzman said we will put it on the ne.xt Study Session . COUNCIL MEMBER WIGGINS WITHDREW HIS MOTION. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, THAT CHARLES ESTERLY BE APPOINTED INTERIM CITY MANAGER, EFFECTIVE JULY 8, 1997. Ms . Habenicht said this is nothing against Stu Fonda . It is just that he has indicated that he docs not have the time to devote to it right now . Mayor Bums added that Mr . Fonda was appointed until July 1-1'". unless someone else was appointed in the meantime. Vote raulb: Motion carried. Ayes : Nays : Council Members Nabholz. Vonninag. Habenicht. Waggoner. Clapp, Bums Council Member Wiggins Mayor Bums asked Council Member Vorminag if he had a motion . Council Member Vorminag said he had a 11101ion 10 go into E.xecutive Session 10 discuss a personnel mauer with the new interim City Manager about maybe some of the procedures. unless they are not rad)• to discuss what they want 10 do and how they want lo act on this and who is going 10 be in charge of ii . If they are noc ready to discuss that. he said. he could withdraw the motion . Mayor Bums said we could suggcsl that he join the Executive Session . Mr . Fonda said we could dilCUIS it . but he is not sure we have reall y come to any conclusions yet . COUNCIL MEMBER VORMITT AG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION RIGHT AtTER THIS MEETING TO DISCUSS SOME OF THE PLANS OF HIRING A NEW CITY MANAGER. Ayes : Council Members Nabhol z. Vorminag. Clapp. Bums Nays: Counc il Member Wiggins. Habenicht. Waggoner Motion carried. (Note . City Allon~ Brot/lnan advised . under Cit y Anomey·s Repon . that as Council Member Vonninag 's mot ion to go into exccuuve sess ion only passed by a majority. they may not go into executive session on that maner. He ad vised they need a two-thirds vote . Sec page J,l.J (i v) Council Member Clapp: I . She thanked everyone i1wol ved in the Founh of July Celebration . She said she enjoys it a litllc bit more each year. ,, - • • 0 ' I ]- • ,, -• • • . . .. Englewood City Council July 7, 1997 Page Jl 2. She said this is a very appropriate time to move forward possibly with I his audit of the managerial structure. of Cily Hall especially, now lhat we will be looking for a replacement in management . The liming is appropriale. she opined, and she would like 10 pursue lhat . 3. She said EFOT on 1he 14tl' is wonderful and invited 1he Chamber of Commerce to come along. She said they would be a nice assel to 1he Code Enforcemenl discussion. 4 . She said she would like 10 address a dead lrcc al Granl and Tuns. She said ii has been 1here for a couple of years and is completely dead. She said I his is for Code Enforccmen1. S. She said she would like lo bring 10 Mayor Burns' ,lllention that she received a copy of a leller that was posted on doors at Orchard Place saying that. if you shut this door. you are going to be evicted. She said she would like him 10 be aware of ii and please look into ii. Mayor Burns said he can 1101 imagine 1ha1 stafTwould put any such thing on a door. Ms. Clapp said it implies something like that. Mayor Burns asked what kind of a door. Ms. Clapp said doors in Orchard Place. Mayor Burns said he would call Ms. St . Clair in lhe morning. (v) Council Member Waggoner said he was SOrl)' he missed the Founh of July celebration. (vi) Council Member Habenicht : I. She added her thanks to everyone who had anything 10 do with all of it . She said the fireworks display was one of 1hc best she has ever seen She added that it gave her a great deal of pride to see the airplane dedication in the park. She thanked Council Member Vonmuag for all lhe work thal he did. opining that we would not have had this happen if it wcrcn ·1 for him She said it was a very proud moment for all. including the people from Lockheed Manin "1IO worked Oil 1lia1 1111ssile and gave it 10 us. She said ii was a ve~· special cvenl and one 1ha1 "111 go down 111 l11S1o~ 111 Englewood for a second time. 2. She asked 1ha1 the Parks and Recreation Co1m111ssi011 look at this tenms light business. She said she tl10Ught we were going to lia,·e lights on 1he 1e1111is couns ag:1i11 and 1liat 1herc had been a IOI of people asking for that . Ccnainly if there arc fC\,er people playmg 1ennis and nsing the couns it could possibly be because they arc 110t lighted. she said. Council Member Wiggins said we should n:member the n:sidential people. Al Sinclair. he said. the bank of lights will be right 011 those apanmcnts. so you have to be careful . Council Member Waggoner said the other concern was 1ha1 they would break the timers. 1llcy tried putting coin machines on there and they would leave the lights on late. he said. and then: were several problems. Council Member Habenicht allowed 1hat maybe ii has been looked at . Council Member Waggoner said it could be revisited . Ms . Habenicht said she would apprccia1e 11~11. 3. She said there were quite a few citi1.cns who wro1c in the paper and also presented a communication to Council regarding Corners1onc Park . She said she 11ndcrs1ands tl~it they arc asking thal we withl10ld making any adjustmenls lo the dc\'elopmcm lhere. She said she would like to koow when: we arc on tlial and whal the situation is. She said she 1101iccd thal we also have a letter from South Subwban and maybe it is time lo sit down and talk wilh them ag.1in . . ' • .. • • 0 , Englewood City Council July 7, 1997 Page34 <. • • , . • Mayor Bums said he received a call from a board member today and he invited them to send a letter. because they seem to want to resolve some things. and some citizens do. also. 11iey thought it was appropriate. he said. that the letters had been sent. so perhaps it is an opponune time to take ii up. He said he told the caller that we have so much on our plate that he wa.~ not sure when we can get to this. Council Member Waggoner pointed out that a lcner from Dave Lorenz was in Council's packet. Mayor Bums said that was generated by the phone call this morning. Council Member Habenicht asked where we are in the change in the Planned Developrnent . Director Simpson. of Neighborhood and Business Development. told Council that he received a PD modification. He said this is not to be confused with the PUD. because the PD was our past process. In the past, we processed review of different propenics. he said. and it essentially is a site plan that looks at the development oflhat propeny and this is a modification to that original site plan . Modifications were dealt with within the zoning ordinance based on a ccnain level of criteria. whether they should be administrative or whether they should go back through the original process. He said his original interpretation of this was that it would be a minor modification. however. due to the political nature of this. ii ccnainly has the ability to be bumped up 10 Planning Commission and City Council . At this time. he said. he is seeking direction . whether to process ir adminis1ra1ively. or. if Council chooses to review this. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT THE REQUEST TO CHANGE THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK BE SUBMITTED, EVENTUALLY, TO THE CITY COUNCIL FOR APPROVAL Mayor Bums asked if this has lo go through the Planning Commission fil'SI . Mr. Simpson said it will have to be reviewed by the City Planning and Zoning Commission and has been scheduled for Allgull s•. pending what the vote here is tonight . He said Council would probably see ii by Sepce1nbcr. Ayes : Nays : Motion carried. 13 . City Manaiter'• Report Council Members Nabholz. Vonninag. Wiggins. Habenicht . Waggoner. Clapp. Bums None Acting City Manager Fonda did not have any n1.111ers to bring before Council. 14 . City Attorney's Report (a) City Anomey Brotzn1.1n clarified that. as Council Member Vonninag's 1not1on to go into executive session only passed by a majority. they may not go into executive session on that matter. He advised they need a two-thirds vote. (b ) City Anorncy Brotzman requested tlmt Council go i1110 E.,ccutivc Session following the regular meeting regarding litigation. Council Member Wiggins asked that this item be discussed before the other items. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION FOR LITIGATION AFTER THIS MEETING. Ayes : Council Members Nabholi. Vonnittag. Wiggins. Habenicht. "' - .. • • 0 , ~• ]- • Ea&lewood Cily Council July 7, 1997 Pa,:e 3!1 · ... . (. • • • Waggoner, Clapp , Bums Nays : None Motion carried. . .. *. "' ~ , Mayor Bums told COUDCil that Margaret Carpenter. Chainnan of DRCOG. sent him a lcttcr requesting Ibey appear and talk to COUDCil about DRCOO issues . He n:callcd that Roland Cole came down lasl year tor a Sludy Session. He said Ms. Carpenter is making a similar n:qUCSI and we will figure out when we can work this in . Council Member Wiggins commented that Ms . Carpenter docs a very good job of running a meeting . Mayor Bums agreed. 15 . Adjounmenl ,, ~ . . , . • . .. • • 0 • 0 • PROCLAMATION WHEREAS , the National Association of Town Watch (NATW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National Night Out on August5,1997;and WHEREAS, the 14th Annual National Night Out provides an opportunity for the City of Englewood, Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS, the residential and business communities play vital roles in assisting the Englewood Safety Services Department in its joint crime and drug prevention efforts by supporting National Night Out locally; and WHEREAS, it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area; and WHEREAS, this crime prevention program is designed to heighten crime and drug prevention awareness, generate support for anti-crime programs, and to strengthen police- community relations; and WHEREAS , the police-community partnershiJ)II , neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW THEREFORE, I, Thomas Burns, Mayor of the City of Englewood, Colorado, hereby proclaim Tueaday, Alll(UII& 5, 191'7 u : NATIONAL NIGHT OUT in the City of Englewood , Colorado and urge all Englewood citizens to 1Upport the "14th Annual National Night Out" program by getting to know your neighbors and sending a message to criminals that the neighborhoods in the City of Englewood are organized and fighting back against crime. GIVEN under my hand and seal this 21st day of July, 1997 . "' . ,;·. Pnn teo on Re cy cled Pap er =-· "' I· • 0 , • • 0 I• • PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National Night Out on Augusts, 1997 ;and WHEREAS , the 14th Annual National Night Out provides an opportunity for the City of Englewood, Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS, the residential and business communities play vital roles in assisting the Englewood Safety Services Department in its joint crime and drug prevention efforts by supporting National Night Out locally; and WHEREAS , it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area; and WHEREAS , this crime prevention program is designed to heighten crime and drug prevention awareness, generate support for anti-crime programs, and to strengthen police- community relations; and WHEREAS , the police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW THEREFORE, I , Thomas Burns, Mayor of the City of Englewood, Colorado, hereby proclaim Taeaday, Aa,uai 5, 1997 as: NATIONAL NIGHT OUT in the City of Englewood, Colorado and urre all Englewood citizens to support the "14th Annual National Night Out" program by getting to know your neishbors and sending a message to criminals that the neighborhoods in the City of Englewood are organized and fighting back against crime. GIVEN under my hand and seal this 21st day of July, 1997 . Thomas J . Burns, Mayor ,, . 8 a "· -~· ?nnteo :,n Recyclea ?~er ::...! • • .. I· • 0 ' ]- - • • ,. • fl ' • ·~ .. COUNCIL COMMUNICATION Date Agenda Item Subject July 21, 1997 Proposed BIi For All Ordlnllnce 10 a 1 Regarding Changel To 4+10 Of The City Of Eiiglewood Munlclpel Code lnltlatNBy I Staff Soun:e Denartment of Financial Services Frank Grvalewicz Director COUNCIL GOAL AND PREVIOUS COUNCL ACTION This bill for an ordinance would make changes to 4+10 of the Englewood Munlc:ipll Code. This onlnanc:e proposes changes to this portion of City Code to clarify the City's position on the accrual of Interest on tmies paid to the City In error. RECOMMENDED ACTION Staff AICOfMNlllds Council approve the attached bill for an ordinance nol llllowlng the accrual of Interest on tmies mlukenly paid to the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED Currently, the City Code Is silent regarding the accrual of interest on tmies erroneously paid to the City. Recently, the City was subject of a claim for taxes paid In error, and the City was ullmalely liable for the back lnlerelt. This ordinance wlU clarify the City's position on accruing Interest. FINANCIAL _.ACT No Ntlmllle has been made of the flnanclal impad due to the sporadic nabn of claims for lnlerNt. LmT Of ATIACHMENTS Proposed bill for an ordinance ~~ . ' • . .. • • 0 - - ) • • .... • <, c . With respect to transactiona consummated on or after January l, 1986, an application for refund of tax moneys paid in error or by mistake, shall be made within three (3) yean after the date of purchase, storage, use or conaumption of the goods for which the refund is claimed. THE REFUNDED AMOUNT WILL BE NET OF ANY VENDOR FEE RETAINED AND WILL NOT ACCRUE INTEREST. .. Introduced, read in full, and puaed on fint reading on the 2lat day of July, 1997. Published u a Bill for an Ordinance on the 24th day of July, 1997. Tbomu J . Burna, Mayor ATTEST : Louc:riabia A. Ellis, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of Eqlewood. Colorado, hereby certify that the above and foregoing ii a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on fint readinf on the 2111t day of July, 1997. Louc:riabia A. Ellia -2- --. , ' • ~ . • • 0 - J • • • • (, /Ott BY AUTHORITY COUNCIL BILL NO. 73 ORDINANCE NO . SERIF.s OF 1997 A BILL FOR =~ AN 08DINANCB AMENDING TITLE 4, CHAPTBR 4, SBCTION 10, SUBSBCTION 1, PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City was recently subject to a claim for tans paid in error to the City and the City was ultimately found responsible for the back interest; and WHEREAS, the Englewood Municipal Code currently ia silent reprding the accrual of interest on taxes erroneously paid to the City; and WHEREAS, this Ordinance proposes changes to the Engl-ood Municipal Code in order to clarify the City's position on the accrual of interest on taxes paid t.o the City in error; and WHEREAS, the passage of this Ordinance will not allow the accrual of interest on taxes miatakenly paid to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 4-4-10: DEFICIENCY N011CES AND RD'UNDS: Sec;tign 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 4, Chapter 4, Section 10, Subsec:tion 1, Parqraph c, of the Englewood Muncipal Code 1985, to read 88 followa: A . Refund Procedure. 1 . A refund shall be made or credit allowed for any tu paid under prot.-t by any purchaser or uaer who bu, or claima to have, an eumption 88 in tbis Chapter provided. Such refund llball be made by the Director after compliance with the following conclitiona precedent: a . Application. Applications for refund muat be made within ninety (90) days after the pw,:haN or UN ~the aooda on wbic:h the exemption ia claimed, and muat be 8Upport.ed by the affidavit of the purchaser or wier accompanied by the ori,mal paid invoice or sales receipt and a certificate iuued by the Nller, toptb,er with such further information 88 may be r9qUMted by the Director. b . With respect to tranaactiona conaummated on or after January 1, 1986, an application for refund of aalea or UN tu paid under dispute by a purchaser or uaer who claima an exemption punuant to this Chapter shall be made within sixty (60) days after the purchase, storage, UN or consumption of the IO(ICla or aervicee whereon an exemption ia claimed. -1- .. . . .. • • 0 - - ) • • •· c. With respect to tranaac:tiom COIUIWDJDated on or after January 1, 1986, an application for refund of tu moneya paid in enor or by mistake, shall be made within three (3) yean after the elate of purcbue, storage, WM! or colUIUlllption of the goods for which the refund is claimed. THE REFUNDED AMOUNT WILL BE NET OF ANY VENDOR FEE RETAINED AND WILL NOT ACCRUE INTEREST. Introduced, read in full, and puaed on tint J"Nding on the 21st clay of July, 1997. Published• a Bill for an Ordinance on the 24th clay of July, 1997. Thomu J. Burns, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and f'oreloinl is a true copy of a Bill for an Ordinance, introduced, read in full, and pulled OD tint reading OD the 21st clay of July, 1997. -2- • I • . ' .·. • • 0 - ORDINANCE NO. _ SERIES OF 1997 • • • (. BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4, 1997. 10 b t WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995 and 1996; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 4, 1997 election; and WHEREAS, the Colorado Constitution Article X, Section 20, requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englewood; and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and WHEREAS, the County and the City of Englewood deaire to aet forth their respective respo1111ibilitie1 for the coordinated election and for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1: The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) i1 attached hereto u "Exhibit 1." The lnterJovernmental Agreement For Coordinated Election (Election and TABOR Notice) is hereby accepted and approved by the Englewood City Council and the Mayor ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood . Introduced , read in full, and p8818d on first reading on the 7th day of July, 1997. -1- . . . , • . .. • • 0 ]- • • • • <. Published u a Bill for an Ordinance on the 10th day of July, 1997. Read by title and J>Uled on final reading on the 21st day of July, 1997. Published by title u Ordinance No._, Seri• of 1997, on the 24th day of July, 1997. ATTEST: Thomu J. Burna, Ma)'Or Loucriahii A EW., City Clerk I, Louc:riabia A Ellia, City Clerk of the City of Eqiewood, Colorado, hereby certify that the above and filnitoing ia a true copy of the Ordinance J>Uaed on final reading and pubJiabed by title u Ordinance No. __, Series of 1997. -2- . , .. • • 0 - - • • • • EXHIBIT 1 ~ AGRJrDISliff l'OJl COORDID.TBD ~OIi (Blec:ti.cm Uld DBOll llotice) Thi• IDtugovezwtal Agr• ct i• antered mto by and Arapahoe, State of Colorado Uld the Arapaboe Comity Clerk and ..... _ City of Englewood ._.. __ ....., __________ _ IIBBJtBIS, purllUallt to the U'Difoz:a :llec:tica. Code of 1992, - ....,dad, ~tal entiti.•• are anc:ouraged to cooperate and conaolidate elec:tiona ill order to reduce tazpayer ezpena••; and WRBPDS, the COUDty Uld the _____ C_i_t ... Y ...... o_f __ E_nq....._le_wo ...... o ... d...._ __ hav. the elector• to canduc:t a Coordinated :llec:ticm at the Rovaaber 4, 1997 elec:ticm; and WRSRDS, the llail Ballot Blec:tica. Act (Article 7.5 of Title 1, C. Jl. s . ) peza:L ta tha uae of mail ballota for certai.D elec:tic:ma, WRSR:IIS, Colorado Ccmati.tutica. Article X, 8ecticm 20, (the 'l'azpayer• • Bill of Jliglat• amt ct or -naaa na1111rb-m11t•) require. the produc:ticm of a mailed aoti.ce ( •naoa• llotice) caac~ certaiA ballot i•au•• that will be autaitted to the elector• of the County and the City of Englewood , and WBBJmU, the TABOR aoti.c•• of aa.eral juriadictica.a are to be . . • • 0 I • ... • • '· aent .. a package where juriaclictiona overlap; aad IIIJISRBH, thare abould be couzity-wide coordiDaticm of the producticm aad aailizlg of the DIIOR DOtice package to effectuate the purpo•-of aaid ccmatit:uticmal aecticm; am IIIJISRBIS, the COlmty and the City of Englewood to •et forth their raapective raapcmaibilitie• for the coordi.Dated electicm um for the producticm aad aai.liDg of the 'l'UOJl DOtice package purawmt to the IAt~tal Agr....a.t. JIOlf, Tma'Olm, rr IS IARIZD by the COlmty aad the _ __,c,..i.,.t..ay'-"'o""f.....,g..,n .. s ... i ... e.w ..... o ... 4 ___ u follOWII: l. Tbe Ro+eal)er 4, 1997, electicm aball be cc:mducted .. a coordinated mail ballot electic:m iD accorduu:e with the llllifoza Slecticm Code of 1992 (Articl .. 1-13 of Title 1, C.Jl.S.) and TAaoa aeendlNDt. Tbe electicm participuita abal.1 be reqm.red to mcnate agreeae11ta with Arapahoe Colllaty for thi• parpoae IIDd aay izlalude mm.icipaliti .. withizl tlae Arapalloe Colllaty Uaita; aabool cll•tricta withizl the Arapaboe Colllaty Uaita IIDd apecial. cliatricta withizl the Arapaboe COlmty liaita IIDd the ltau of Colorado. 2 • Tbe Ro+ al: er 4, 1997, eleatiaa llllall be coaducted by the COlmty with the uae of ballot cazda am electrcmic vote- countiDg equ.ipaaat. 3. Tbe Arapaboe Comity Clerk am a.aordar ia deaipaud .. 2 . ' • . .. • • 0 -• . • ,. ~ • the coordinated electicm official Uld the City of Englewood llereby idmltifiu the City Clerk I -it'• relaticm to Aid. eleaticm, to wits •• b. aegotiated for electicm ntPliu, ~t at4/or aerri.cu ta all juriaclictiau participatug isl tu coozdillated aail ballot electicm. c. 1'zoriM a ~ of tM ballot layo11t alld t!le tast of tu official ballot to tM City of Englewood for Ngilaa. cl. Certif7 tllia ocaplete a&Aar of nsri•tend ,, - . elaatcra wit!wa t!le Anpaboe Colaty portiala of tJaa Cit! of &n9lnood. -----DO latar tMD Ootaitar ./.I) • 111'7. tu ballot. i• ocapleted. f. J • .. • • 0 I -• ,,, _ • • <, requeat. g. llaizltaiD a liat of actual voter• frca the llovwaber 4, 1997, electian, Uld, upm requeat, gaaerate a printed liat, of tbe peraaaa 1lbo voted follawizlg tbe electian. '1'he coat will be $.005 per~- tbe DIIOJl notice paabga. llotlwlg berein llhall preclude the Colmty frca •md:tng tbe 'D8CJll aotiae or aotice package to peraaaa otber thazl. electon of tu _.i,C..ii.i.t""y~o:af-E.uDas .. ielii,wo~o-'ld ___ _ notice package at tbe •1 ... t coat•. i. Include tu __ c_i_t_v_o_f_.E_n.,.g_le_wo_o_d ___ _ u writtall Uld in tbe ordar aulaitted, in aaaordanae wit.la the DIIOJl ••-11oCt1a1111c·t ~ta for tu naca aotiae reqlliwta for tu DIIOa aotiae. j. Store all -.oted ballota for a w:tn:t-of 25 C.R. S.) , to be -T9d in nab a __ _. tut t.bay ~ be aaa ... ed. by cballmga or other legal. quaatiOll8 tut eipt aria• regardiDg t:ba electian. aaaCNDting of tiaa, nppliN, priating aoata aDd aalari.N • • • 0 I - • • • • attributable to tba Comlty'• edeiniatratimi of tba electimi for t.be juriaclictimi. '1'll.e participatizlg juriadicticma praportiOll&l. abare of actual coata llball be Naed mi Comlty n:penditure• ralati,,_ to t.be llc.+Wilbar t, 1997 • elec:tiOD, :I.DC:luding prorated abare of DBOa notice. l. AppoilLt, c:1a11maat:e. illatruat ad cwera-tu board of cmwaaaera. a. llo later tllaD 10 daya prior to elec:tiOD, ~ t.be participating juriacliotiOD no 1-• tllaD 10 ••ta of eac:b •t-t dac:Jt• of t.be juriacliotiOD'a ballot atyle(a) to allow for t-tillg of elec:trallio TOte-coaatillg eqaipaaat. a. aa!orae W&ir c:..pd.p Praatioe kt (Article ts of Title 1. c.a.1.)u it ralat:ea t:o tbe llc.v:a::al:ar t, 1997 eleotiOD. o. horide aa4 ..-.1:e tbe Coalty'• elec:tram.c TOt:e-c:oaatia9 ~t. 91,e City of Englewood will be abazgad a prorated coat of '71.00 for tbe pre-eleatiall psavm&ati,,. aaillc-rro-. OD tbe eleatz'allia TOt:e-~tiatr ..,1, s. a. City of &n9lewooc! a11a11 partosa CM followiag C&ab ilL ralati• t:o Mid eleatiall. t:o wita a. ~freed CM layaat aa4 tbe tast of tu jari..s.iatiODa porticm of CM offiaial balloa be!_.. aat:borisillg CM priatia9 of all ballota. b. _T_be __ c_i_ty_o_f_a_nCJ_l_ewood ____ ia t:o pabliall all I .. • • 0 ]- • • t~ · ... - ,, required legal uotice• for the juriadicticma ballot queaticma and candidatH, inclwling the notice that ia required by Sec:ticm 1-5- 205,C.R.S., that i• publiahad at 1 ... t 10 daya prior to the electicm which cover• all partizl.mit info=-aticm required by atatute. c. Prepare, hand-coua.t mid del.iver to the CCNZlty Clerk, the required teat deck of bal.lota for teati.Dg the electrcmic vote-ccnmti.Dg eqw.paant, DO later tlum October~. 1997. d. a-it payamat directly to Arapaboe Co,mty within 60 day• of billi.Dg for ita prorated ahare of all coat• relati.Dg to the printi.Dg mid aailiDg of ballot•, amd all other electicm ezpcaae• deacribed in llectic:m, (k,l,a). '1'ba currellt eatiaate of coat• i• $. 71 par ballot packet plua $ .12 for each add.iticmal ballot card per packat, to be abared by all participati.Dg juriadicticma. e. Ccllply with the prc,n.aic:ma of the UD!fm:a Klecticm Code of 1992 (Articl .. 1-13 of Title 1, c.a.s.), mid the tiae guideline• acbadule .. attacbed hereto -t!laae relate to t:be Bovember 4, 1997, electicm. TIie __ c_i_t_y_o_f_E_n_g_l_ewood ____ _ abal.l notify the CCNZlty of uay mrcepticm DO later tlum 29 daya prior to the electicm. f. Pron.de to the Comaty, (cm CCllpllter cliakette I I' - • • 0 I - ] ca.m- • • • • • formatted in WordPerfect DOS), all required DBOR notic•• ccmcern!Dg the participating juriadictioaa ballot iHu .. by the date ad in the -nn•r required by the 'Onifoza lllec:ticm Code ad applicable ru1 .. ad regul.aticma in (Rill• 5.4). Proofread amd make any correc:tioaa to the layout ad tazt of the notice• withiD cme day of the reqaeat of the Comity. g. The ___ c_i t_v_o_f_E_n_g_l_ewood ___ abal.l d.efaad ad reaol"N at ita aole ezpemie all c:bal.l....-relati"N to the !:lal.lot queaticma ad/or camdidatu, u certified to the Comity for incluaicm in the BOYember 4, 1997, coord!Dated elec:ticm. h. Submit to the Comity a aapy of the participating juriaclictioaa -P with the li•t of coua.ty precinct• which correapcad to the Camaty. i. llaai t pay t to the Comity wi thiD 60 daya of billing for the prorated coat of the preparaticm Uld aailillg of the DBOa aotiae pealr:ap. property wr• liat for the Citv of Englewood d.e-d applicable. ) ' (if k. Deli 'NZ' all requeata for ab8ellt-ballota to the comity for proaeaaing. 111Gb requeata abal.l be d.eliYared or faxed daily to the Arapaboe Comity Clerk Uld baord.er. 5 • '1'2le City of Englewood a,rera ~t it ..._ 7 . , • • • 0 , -• • I• • ' aufficient funcla available in it• approYed budget to pay it• prorated electiOll ezpena•• for tha atonaber 4, 1997, electi011. 7. tJnl••• otbarwi•• agreed in writing, thi.• be goverDecl by tha lm of tha State of Colorado. a. Should any praviaicm of thi• IDt~tal .lgrNaaDt be daterwined by a court of ccapetaDt juriadictiOll to be UDCOl18titutiOll&l or otbarwi•• mill aDd -.oid, it i• the intaDt of tha parti•• hereto that the r-iniDg praviaiOl18 of thi• 9 . Katie•• to be provided UDder thia IDtergovermlmltal .lgr....nt llhall be gi.....a ill writing either by hazld dali~ or depoaited in tha tJnited Statu aail, certified aail, ntuni receipt requeated, with aufficiaDt poatage, to the following Arapaboe Colmty Office of tha Colmty Attonley 5334 South Prizu:e Street Littletcm, Colorado 10166 City of Englewood City Clerk 3400 south Elati street Englewood, CO 80110 10. Tb.ia IDt~tal Agra ct -y DOt be aoclified., •-ended or otharwi•• altered UDlua aatual.ly agreed upaa ill writing by tha parti•• hereto. 11. Attecbeenli-l• The attacts ta aa tha following page(a) are a part of thia agra ct. Addendum A I ,, - • ... ., • 0 I I - • • CITY OF ENGL£W00D, COLORADO DD: Thoma• J. Burna Loucriahia A. £lli• City Clerk I, ' • • • aoa1D> OP COUll'ff CC'IMtlSXOIIDS, COUll'1'r OP UUABDa, 8'l'Aft OP COL08U>O ~lly ..... ~ aoazd of Coallty ~aaiaa.era of .azapaboe COlmty uu .... coaan c:r.m•~ Dcma1:ta DaTidaclll &a:91uce Coallt7 Clerk. 9eaoder ---------- ' ' .. • • 0 '--~· · - ]- • • • · ... • . . ADDENDUM A ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (Election and TABOR Notice) WHEREAS. the City of Englewood, Colorado desires to submit a question to the property owners of a paving distrid as set forth in C.R.$. 31-25-534 Issuing bonds -property specially benefited; and WHEREAS. the City of Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedures may be implemented to coordinate this issue; NOW, THEREFORE. the Intergovernmental Agreement for Coordinated Election (Election and T A80R Notice) shall be clarified to allow the City of Englewood, Colorado ID aibmit a qi iestian ID be vend on by the property owners in the paving dislrid in coordinatiOn with C.R.S. 31-25-534. CllY OF ENGLEWOOD . COLORADO Thomas J . Bums. Mayor Attest: Loucrilhia A. Ellis, City Clen< ---·-- . . • .. • • 0 l __ . -• - • ORDINANCE NO. _ SERIES OF 1997 . . • • • BY AUTHORITY " - • COUNCIL BIU. NO. 58 INTRODUCED BY COUNCIL MEMBER VORMITrAG AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT TO CROSS THE CITY DITCH WITH A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN THE U.S . WEST COMMUNICATIONS, INC. (U.S . WEST) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the U.S. West wishes to inatall a telecommunication cable in conduit under and along the City of Englewood's Right-of-Way for the City Ditch; and WHEREAS, the cable CJ'Oll8ing is to be installed in underground conduit and at a depth and horizontal separation to maintain clearance from the City Ditch pipe, as required by the Englewood Utilities Department; and WHEREAS, the cable installation C1'088ing is proposed at a section of the City Ditch located at Prince and Ridge Road, southwest of the intersection, in the northeast comer of the adjacent park; and WHEREAS, U.S. West assumes full and strict liability for any and all damagee of every nature to persons or property cauaed by or in connection with the CJ'Oll8ing installation by U.S. West; and WHEREAS, the City reserves the right to make full use of the property in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or relocate any of the City's facilities located within the City'a Righ~-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the Liceme Acn,ement at their June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $octign 1. The License Agreement between the U. S. West Communications, Inc. and the City of Englewood, Colorado for crouing the City Ditch with a telecommunication cable in conduit, attached hereto as "Exhibit A,• is hereby accepted and approved by the Englewood City Council. $oction 2 . The Mayor is authori&ecl to execute and the City Clerk to attest and aeal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on ftnt reading on the 7th day of July, 1997 . • I - . ' • 10 b tt • • 0 ]- • • • <. ... r Published u a Bill for 1111 Ordinance OD the 10th day of July, 1997 . Read by title 11Dd puaed OD final reading Oil the 21at day of July, 1997 . Published by title u Ordinance No. _, Seriee of 1997, an the 24th day of July, 1997. 'l'bomaa J . Bums, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk of tbe City of Enpewood. Colorado, hereby certify that the above IIJld f'oreaaial ia a true copy of tbe Ordimace puaed an final reading IIJld published by title u Ordinance No. _, Seri• of 1997. -2- . , •, • • 0 ., , I ]- ,• • "'~ 0 t• . • ' ,. lfw----- L1n-f.ET1J~ ~z.z.Kll,98 LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 19 ____ _ '"b_y_an__,d,_..be-,.twaan the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as •city• and u S VEST Cautunicationa, Inc. ---, hereinafter referred to aa •tlcanaaa,• WITNESSETH: The City without any warranty of its title or inter .. t whataoavar, hereby authoriz .. Licensee, its successor, assigns, to install a telecomiu.nicati"on c:a.ble under the City's rights-of-way for the city Ditch, described as a parcel of land situated in the SoutJiaast Quarter of Section 20 , Township 5 S6U'di Range 6S Hit of the 6'tti P.K., county of Arapahoe, State of Colorad.-o-a-n""'d_.l-y ... i_n_g_w-...i""th~in the following described lines: See Emibit at-:.ached. hereto and made a part hereof by this refennce-:---- 2.51 squan !Nt, aore or lea. The abow-dascr~ _parcel contains ~/ J,JJ-JJ,/ J,N/ •t ------- 1. Any construction contemplated or perforaad under thia License shall coaply with and conform to standards foraulated by the Director of Utilitias of the City and such construction ahall ba parforaad and coaplated accordinq to the plans, consiating of one ahaat, a copy of which is attached hereto and aada a part hereof. 2. Th• Licansaa ahall notify the City'• Director of Utilitias at least thraa (3) daya prior to the tiaa of comaancaaant of the construction of, or any repairs aada to, Licansaa•a iaproveants ao that th• City aay, In Its discretion, lnapact auch oparationa. 3. Within thirty (30) daya from the data of the co ... nc .. ant of construction of said • X H I • l T A • . •· • 0 I J- • 0 ,. - telecomiunication cable the Licensee sball complete such construction, place and maintain peraanent, visible markers, of a type and at such locations aa d .. ignated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as aay be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not coapleted within th• ti-specified, th• City may complete the work at the sole expense of the Licenaee. 4. Th• City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililti•• or installations within the City's rights- of-way, at any time and in such manner as th• City deems necessary or convenient. The City r .. ervas th• exclusive right to control all easements and installations. In the event the telec9UJ1picatiop fib] e should interfere with any future use of the C ty•s rights-of-way by th• City, the Licensee shall, upon requ .. t and at its sole expense, relocate, rearrange, or reaove its installations so as not to interfere with any such use. 5. Any repair or replac ... nt of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the telecommunication cable or other appurtenant Installation thereof, shall be made at the sole expense of the Licensee. 6. Th• stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 7. The rights and privileg .. granted in this License shall be subject to prior agre ... nts, licenses and/or grants, recorded or unrecorded, and it sball be the Licensee's sole responsibililty to deter11ine the existence of said docwaents or conflicting uses or installations. 8. Th• Licensee shall contact and fully cooperate with the City's personnel and the construction shall be coapleted without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licenaee shall aaaUJle all risks incident to the po .. ibl• presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tallped to the original ground line in layers not to exceed six (6) inch•• loo•• .... ure to a coapaction of ninety par cent (901) Standard Proctor llaxiaua Density. ..... ... ..,, •· • 0 f - • • • • " · ... • 10. Licen ... , by acceptance of this licana•, expr-•ly aaaUJ1es full and atrict liability for any and all daaagea of every nature to person or property caused by water froa the ditch leaking througb tba ditch banks or pipeline at the point or points wbar• the Licen ... performs any vork in coMaction with the crossing providad by thia licanaa. Th• Licensee aaauaa• all r .. ponsibility for aaintanance of th• installation. 11. Licanaae aball inclaalify and aava baral-• th• City, ita officer• aand aaploy ... , against any and all claiaa, daaag-, actions or cauaaa of action and axpanaaa to which it or they uv be subjected by reason of aaid iapf'Ovaenta being within and acroaa and under the pr-I ... of the City or by reason of any work dona or oaiaaion aada by Licensee, ita agents or aaploy-•, in COMaction with th• construction, replacaaent, aaintenanca or repair of said installation. 12. It is expressly agreed that in case of Lican•••'• breach of any of the within praaisas, the City aay, at ita option, have specific performance thereof, or aua for daaagea r .. ulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Lican ... to that extant aball tarainata, but ita obligation to indemnify and aava harml .. • the City, its officers and eaploye .. , shall not terminate in any event. In granting the above authorization, the City r .. •rv•• the right to aaka full use of the property involved u .. y be nacaaaary or convenient in the operation of the vatar vorka plant and syat-under the control of tba City. IN wrrNESS IIIIDEOF, this inatruaant baa bean executed aa of tba day and year first above written. ATTEST: CITY OF DGLEIIIOOD, City Clerk Nayor APPROVED AS TO FORK: LICAGM6 "' - • ' .., • • 0 . I SE 1 4 SECTION • .. • • 20. TOWN::>MII-' :> ~uu Ir,, ~l"\l'<vi:.. V'-' ----ARAPAHOE COUNTY ---- ··~-. -...... i I • I pA)HC! 8T ii f IITAT89 ~, I ._, 11 i II.I< 2 '= : '1-:-----;:..~- ' I at(91111me. I I I I I ... ,., -.------ ' U4) ENGLEWOOD Cl TY DITCH •c.s-20 ,,,~ ...... C. .......... =r=.."!."5 ,,_ . ' •, .. . .. • • 0 r ~,.. I ]- • • "'~ . • C. ·, • <r. ... 20. ST 6th P M ----ARAPAHOE COUNTY ---- A LICENSE TO BE liRANlED TO CONS'1RUCT, OPERA1E. IIAJNTAIN. REPAJR N«J REPlACE lELECCMUIICAil<JIS LINES lllll/m ECIIINNT CMR IIIIJ ACROSS 1HE ENGLE1IO(I) CITY DITat Sl1UA1ED IN 1HE SOU1HEAST CIIM1ER fE SECTION 21. 'IOINSHJP S SQJ1H, RANGE 58 IEST rE 1HE SIX1H PltKJPAL. MERmIMI. COUN1Y rE Ml#Ma.. STAlE (E COLORADO, ALONG 1HE F'ClLOWDIG OESCRJIED CEN1EUIE: 1HE BASIS rE IIEMDIG fE 1HIS DESICIJPTD IS ..... "21"E AUN. 1HE EAST LlNE fE 1HE SIDU1HEAST QUMD fE SAID SECTD 21 IEllE!N A l-1/4• ALUIIDUI CM' JN A RANGE BOX STM11£D •111S PLS 25314• AT 1HE SIOU1HEAST CCllfB rE SAm SECTICJI 2110 A l-1/4• ALUIIIUI Cl# • A IMlil'. IOX STMftD "1tl3 Pl.S ,,..-AT 1HE EAST QUM1ER CORNER fE SAm SECTION a COIIIDCJNC AT A 3-1/': AUIIDUI CM' DI A RANGE BOX STAMP£0 •111S Pl.S 25314• AT 1HE SQIJ1HEAST CtllNER fE SAm SECTION 21; 1HENCE im-..~ A DISTANCE rE 1&a61 FEET TO A POINT ON A SIDU1HIES1ERL Y LlNE rE 1HE CITY rE ENGl!WOOO DITat; SAm POINT BEING ll£ POINT r, IEGlNNJNC:; 1HENCE ~119£ A DISTANCE rE 25.11 FEET 10 A POINT ON A NCIR1HEAS1Ell. Y LlNE r, SAm ENQ.EWOOO CITY DITat; SAID POINT BEING 1HE POINT r, 1EIIUNUS; SAm POINT EMS NJ891.r2n A DISTANCE rE 1151.14 FEET FRCl1 A 3-1/4• AUIIDUI CM' IN A RANGE BOX STAMPED •1ffl PlS 25314• AT 1HE SQIJ1HEAST CQRNER rE SAm SECilCJI 21. L 1HE UNDERSIGNED, A REGlS1ERED LAN) SUR\OClt DI 1HE STA1E rE co.aw>O. DO HEREIY STAlE 1HAT ntlS IIESCRJPTDI AND ACCDIPANYING DHIIIT 11DE PIIEPMED BY Ii£. Cit UNDER MY SUPERYISDI, AND ltliE. 1RUE AND MXlltAlE 10 1HE BEST r, MY MNQIUDC£ r . . .. • • 0 - ORDINANCE NO. _ SERIES OF 1997 • • • <. BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE APPROVING SUPPLEMENT NO. 132 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2.363 acres int.o the District; and 10 b iii WHEREAS, said inclusion is located near East Belleview and South Holly Street in Greenwood Village and the zoning of this property is single family residence and residential R 2.5 zoning is the intended use of the property; and WHEREAS, said annention of this additional parcel of land will not increase the tap allocation t.o the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommaaded approval of Supplement No. 132 t.o tbe Soutbpte Sanitation DWrid at tbe June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectiqp 1. The Agreement between the City m Enclewood and Soutbpte Sanitation District entitled "Supplement No. 132 to Connector's Acr-ent", which includes appronmately 2.363 acn,s located near Eaat Belleview and South Holly Street in Greenwood Villqe, and which is -.I ainpe family reaideatial and the intended use is residential R 2.5, is hereby acaipt.ed and approved by the Enpewood City Council. A copy of said Acr-ent is attac:bed hereto u "Emihit 1 • and incorporated herein by reference. Ses;tjgp 2 . The Mayor and City Clerk are hereby authorized to sip and att.eat, respectively, the said Agreement for and on behalf of the City Council and the City m Englewood, Colorado. Introduced, read in full , and paued on first reading on the 7th day of July, 1997. -1- .. • • 0 , - - • • . ~ • ... Publiahed u a Bill for an Ordinance OD the 10th day ar July, 1997. Read by title and puaed OD final reading on the 2lat day fl July, 1997 . Publiabad by title u Ordinance No. __, Seriee af 1997, on the 2'th day of July, 1997. Thomas J . Bums, Mayor ATTEST : Loucriahia A. Ellia, City Clerk ,. I, Loucriahia A. Ellia, City Clerk fl the City fl Enpewood, Colorado, hereby certify that the above and foreaaiDI ia a true copy « the Ordinance paued on ftnal readiq and publiabed by title u ~ No. __, Seriea of 1997 . -2- •. · .. • . ,, \ • • 0 • • - • • • r • • C, 8UHLSIID'l' IIO, I 3 '2 TO coascTOR' I ACJRSmlDT TRIS AoassNSIIT, made and entered into by and between the CIT'f OP JDICJLSNOOI>, acting by and through it• duly authorized Mayor and City Clerk. hereinafter called the •City,• and aouTBCIATII 8AIIJ:TATJ:OII DJ:IITIIJ:CT, Arapahoe and Dougla• Countiaa, Colorado, hereinafter called tha •olatrlct,• 11ITNU8ftll 1 ~. on the 20th day of June. 1961, the City and the Oiatrict entered into an Agreeaent in which the City agreed to treat aewage originating froa the Diatrict'• aanitary a..,.r •Y•t" within the area aarved by the Diatrict, which Agre-nt waa .,c,at recently renewed by Connector'• Agreet11ent dated Noveaber 16, UII; and IIIISllaaB, aaid Connector'• Agreelll9nt provide• that the diatrict .. y not enlarge it• •ervice area without the written conaent of the City; IIOII, TIISllSl'ORS, in conaideration of the mutual covenant• and undertaking• herein eat forth, the parti•• agree aa follOWIII 1 . The City hereby conaenta to the incluaion of certain additional area located in Arapahoe County, COlorado, owned by Ro•• s. Robbin•, and 1110re fully deacribed on l4hibit A attached hereto and incorporated herein by reference, into Southgate Sanitation Diatrict . The City agree• that aaid additional area 111ay be aerved with the aewer facilitie• of the Diatrict, and that the City will treat the aewage diacharged into the city'• trunk line froa aaid additional area, all in accordance with the Connector'• Agree .. nt dated Noveaber 16, 1988. Accordingly, Exhibit A referred to in Paragraph l of the Connector'• Agre ... nt dated Novellber 16, 1918, ia hereby ... nded to include auch additional area. 2. Bach and every other proviaion of the aaid connector'• Agr..-.nt dated Novellber 16, 1981, ahall reaein unchanged . DI~ --,P, the partiea have ••t their banda and ... 1. thi• ~~-day of , 19~- ATTIST1 CITY ctBi (BEALi ATTUT• ~~~-<.Jr,, ?~niin,lecH (IIIAL) 1111\11111 ,tl'\lllNl .1 E X R I B I T l .. • • I • 0 , • -• • • .. EXHIBIT A LEGAL QESCBIPIJON A PORTION OF TRACTS 9 AND 10 CL.ARK COLONY NO. 3, LYING IN THE NORTHWEST ONE.QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE EAST LINE OF THE NORTHWEST ONE.QUARTER SECTION 17 BElijG MONUMENTED ON THE NORTH ONE.QUARTER CORNER BY A 3-1/4" CAP IN RANGE BOX AND ON THE CENTER ONE.QUARTER CORNER BY A 3-1/4" ALUM. CAP IN RANGE BOX STAMPED CHICHESTER. WITH A LINE BE1WEEN ASSUMED TO BEAR S 00"07'45" E. COMMENCING AT THE NORTH ONE.QUARTER OF SAID SECTION 7 THENCE S00"07'45"E ALONG THE EAST LINE OF SAIC NORTHWEST ONE.QUARTER A DISTANCE OF 668 .35 FEET; THENCE S89"38'08"W A DISTANCE OF 29 .94 FEET TO THE POINT OF BEGINNING ; THENCE THE FOLLOWING THREE (3) COU~SES: 1. S89"38'08"W A DISTANCE OF 345.11 FEET; N00"07'45"W A DISTANCE OF 290.94 FEET; 3. N87"59'45"E A DISTANCE OF 342.89 FEET TO A POINT ON THE WESTERLY LINE OF SAID MONACO STREET; . . THENCE ALONG SAIC WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. S00"34'45"E A DISTANCE OF 33.20 FEET; 2. S04"12'26"E A DISTANCE OF 99.55 FEET; 3. S00"07'45"E A DISTANCE OF 153.22 FEET; THENCE S89"38'08"W A DISTANCE OF 5.00 FEET; THENCE S00"21'52"E A DISTANCE OF 15 .01 FEET TO THE POINT OF BEGINNING. CONTAINING 2 .363 ACRES . . ' .. • • 0 , ,,,., I ]- - • • • • • , CHECKLIST SANITATION DISTRICT INCLUSIONS Current ground uae: Single family residence Propoaed ground uae: Single family residence Existing zoning: R2.5 Propoaed zoning: No change Acreage: 2.363 acres Gravity sewer: Yes Current owners: Ross S. Robbin.a Number of units: one Map: See attached -\IJJIO . Dt .t\1Ttlt2 .l --- " - • r • • 0 f __ I • "' ---' ' • 0 ,. - . ' ----~ -· \ ·, ' . ---·····. \ - . \\ \ DENVER \.· ... ,. -l --~- • • • • C .. . , ; . rn, , - • oaDOIAMCS MO . _ SERIES OF 1997 •, • • • BY AUTHORITY t. " COUNCIL BW.. NO . 80 INTRODUCED BY COUNCIL MEIIBEll VOlllllffAG AN ORDINANCE APPROVING SUPPLEMENT NO . 133 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS , Southgate Sanitation District recommenda the inclusion of approximately 0 .785 acree int.o the District; and WHEREAS, said inclusion ill located near South Monaco and Eut Powers Avenue in Greenwood Village and the zoning of this property ill linlle family residence and resid.ential R 2.5 zoning is the intended Ille of the property; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 133 t.o the Southgate Sanitation District at the June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 133 t.o Connector'• Agreement", which includes approximately 0 .785 acres located near South Monaco and Eut Powers Avenue in Greenwood Village, and which is zoned am,le family residential and the intended 111e is residential R 2.5, is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Emibit 1 • and incorporated herein by reference. Section 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and pasaed on fint readiq OD the 7th day of July, J.997 . -1- ------' • l •. 10 b 1v .. • • 0 I I - • • • · .... • . , Publiahed u a Bill for an Ordinance OD the 10th day al July, 1997. Read by title and puaecl OD final reading Oil the 2lat day of July, 1997. Publiabed by title u Ordinance No . _, Seriea al 1997, OD the 24th day of July, 1997. Tbomu J . Burns, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of tbe City al Bqlewood, Colorado, hereby certify that the aba¥e and fontloinl ia a true copy of the Ordinance puaed OD final readinf and publiabed by title u OrdinaDce No . _, Seriea of 1997. .. ' ' - i • • 0 , I • .. • • ... SUPPLalSNT NO. J.ll TO CONIISCTOR' S ACJUW THIS AGRBSNBNT, made and entered into by and between the CITY Ot' IDIGLSWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the •city,• and SOUTHGATS SANITATION DISTRICT, Arapahoe and Dougla• Countiea, Colorado, hereinafter called the •olatrlct,• WITID8Sffll1 lfflUUS, on the 20th day of June, 1961, the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer aystem within the area served by the District, which Agree111ent waa moat recently renewed by Connector's Agreement dated Noveaber 16, 1988; and WBIIRUS, aaid connector'• Agreement provide• that the diatrict MBY not enlarge its aervice area without the written conaent of the City; IIOW, TRS&S.aa&, in conaideration of the autual covenants and undertaking• herein aet forth, the partiea agree aa follows: 1. The City hereby conaenta to the incluaion of certain additional area located in Arapahoe County, Colorado, owned by Joaeph J . Savage, and Jane M. Savage and 1110re fully deacribed on Exhibit 6 attached hereto and incorporated herein by reference, into Southgate Sanitation Diatrict . The City agree• that aaid additional area -y be aerved with the ae-r facilitiea of the Diatrict, and that the City will treat the aewage diacharged into the city'• trunk . line from aaid additional area, all in accordance with the Connector'• Agreement dated Noveaber 16, 1988 . Accordingly, Exhibit A referred to in Paragraph 1 of the Connector'• Agreelll4!nt datad Novelllber 16, 1988, ia hereby aaanded to include auch additional area. 2 . Each and every other proviaion of the aaid Connector'• Agre..,.nt dated Novaaber 16, 1988, ehall ra1111in unchanged. DI lfffllUB __,.,, the partiea have aat their hand• and aeela thia ~~-day of , lt~ A'M'BST: ~ff CLm (SllAI,) ... \11 ... ,N\llt ... t CIT'f OP -...000 By:===------------D'IOR ~TII SUITAflc:al DJSTaXCT, ~aa,a .um DOUIILa.l COIMl'IU, ~ lltJ:~~-·- E X H I B I T 1 ... • . • , . , • 0 I ]- • • · ... • <, EXHIBIT A LOt 3, Block 5, Harbold Acres, County of Arapahoe, State of Colorado containing 0.785 acres more or lea• AQ\Ull0 .0t\ll4U2 .1 "'~ . . ' ,. • . .. .. • • 0 1 __ , I -• • • CHBCKLIST SANITATION DISTRICT INCLUSIONS Current ground use: Single family residence Proposed ·ground uae: Single family residence Existing zoning: R2.S Proposed zoning: Ho change Acreage: .785 acres Gravity aewer: Yea CUrrent owners: Joseph J. Savage. and Jane M. Savage Humber of unit•: one Map: See attached U8\IUll .ot .6\111Ut .1 . ' • . - ,., • • 0 ; , __ I .. .. I • ... --COLONY - • • • ____ ....... _ ...... _ ..... -.... (SEE NET 1) ..: ... L O N G V ! -- 0 N ! J O H - -... 0 z - c-•-• . .., .. a ill SC .., ... •T .. - caaNWt -A~, ., ' I -·- ' " 4 . ' . • • • 0 , ]- - • • ~ . • ' '· " BY AUTHORITY ORDINANCE NO. _ COUNCIL BILL NO. 61 SERIES OF 1997 INTRODUCED BY COUNCIL MEMBER VORMITI'AG (.(~) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT{;REENLEY ENTERPRISES, INC. (MAACO AUTO PAINTING AND BODYWORK'S) AND THE CITY OF ENGLEWOOD, COLORADO FOR A 3' WIDE CONCRETE PAN CROSSING OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH. WHEREAS, a request wu made by the Greenley Enterpriaea, Inc. (Maaco Auto Painting and Body Work's) for a LiceD.Be Agreement to install a 3' wide concrete pan crouing over the City '1 Right-of-Way for the City Ditch; and WHEREAS, the 3' wide concrete pan is propoeed to be installed over the City's Right-of-Way for the City Ditch located South ofC-470 and approzimately 500 yards West of South Santa Fe, adjacent to Prince Street Elbates; and WHEREAS, the Englewood Water and Sewer Board reviewed and rec:ommended approval oftbe License Agreement at their meeting OD June 10, 1997; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1. The "Licemie A,reement • with o-Jey Entmpriw, Inc. (llaaco Auto Paintinc ud Body Work's) is hereby accepted ud approwed bJ the Bnclewood City Council. The Mayor is autboriled to eueute ud the City Clerk to au.t ud INl the Agrwment for and OD behalf of the City al Enpewood. Colorado. Introduced, read in fWI, ud puled OD ftnt reading on the 7th day al July, 1997. Published u a Bill for an Ordinance OD the 10th day of July, 1997. Read by title and paaaed OD ftnal reading OD the 21st day of July, 1997. Published by title u Ordinance No . _, Series of 1997, OD the 24th day of July, 1997 . Thomu J. Burm, Mayor ATTEST : Loucrishia A. Ellia, City Clerk -1- -~ . ' . ' • 10 b V .. • • 0 , - - • • • • . '· I, Loucrishia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paued on final reading and publiahed by title aa Ordinance No._, Seriea of 1997. -2- ,.. ' . .. • , __ . . • 0 I • • 0 • LICDSS IGPDNP-1 S 'l'lll:S MamDPr, llada and entared into •• of the ~ day of « w~ , 19 4:11 · by and between the cl of Eiic:i.llooD, a aw\icipal corporation of Colorado, hereinafter referred to as •city• and . A AIA) ~ '0.11,A 'JV\ cen•••,11 lllftUSftB: !be City vitbolit any warranty of ita title or inter .. t vhAtsoeYer, bareby authoriaes Licensee, it• aucceaaor, •-igna, to inatall a 3 'wt; Wf~C . ~c.:n:. f,4,J over the City'• r19bta-oi-vay~tbeC1ty Ditcb, a .. cr1bed H a parcel of land situatad in the Hee:n\E-A:s::r: QvL Qt@fltot Section /f) , 'l'ownship <e · RanCJ• {£ l,Jr~J:...._ ----0'2't""'tb,,.,..e-----~Ce""'r."'l:.nr----- P .11., Couney oFArapaboe, State of COlorado and lying within the followi119 descru.d lines: 'l'he above-dacribecl parcal containa 0, 0/llfJ I (10 'Z.. s F) acres, aore or l•••· 1. Any conatraction contaplated or perfol:1Nd under tbia Licenae aball coaply vitb and contora to •tandarda foriaulated by the Director of utiliti .. of the City and such construction shall be perfor.acl and coapleted according to the plana, conaiatinCJ of one .a...t, a copy of Which is attachad bereto and aade a part bereof. 2. 'l'h• U.cenaN uall notity tbe City'• Director of utilitiu at lust three (3) clay• prior to the tiaa of coaaenceaent of tbe conatruction of, or any repairs ude to, Licenaee•• '"':""I '3' w,pt. ~c n...> ao that ty uy, iii lts diacrat1.on, ""Ini~~,.,..,..,,,,,....,•,,..u~c&~~o~peratiou. 3, Wi*in thirty (30) -r· troa tb• data of the c:oaaenceaent of canatziact on of Aid • ...... I' - X H I B I T 1 ,. • 0 '32xl - • • 0 l • - 3 1 (..) 11) ~ ~clZ-£..:n:.. ~A,J the Licensee llhall coaplete audi c:onatruct1on, place and aaintain per11anent, visible aarkers, ot a type and at such locations •• designated by th• City's Director of utilities, raterring to th• centerline ot the inatallation and ab&ll clear th• croaaing area ot all conatruction debria and restore the area to its previous condition aa near aa aay be reasonable. In the event the placin9 ot the centerlina aarkers and the clearing and rutoration ot the croaainq area is not completed within the ti.as specified, the City aay complete the work at the aola expense of the LicenHa. 4. Th• City shall bave tha riCJht to aaintain, inatall, r•PAir, raaova or relocate the Cit\' Ditcb or any othar ot its facililti .. or inatallations within th• City•• ri9ht•- of-vay, at any tiae and in aucb aanner aa tha City de ... necaaaary or convenient. '1'ba City r...rvea the exclusive riqht to control all ~aa~ta and ~tallationa. In the event the ~· 162 (b~--Q.a1:.. _ abould interfere with any future uaa oity•a r 9 ta-ot-vay by the City, the Licensee shall, upon request and at its sole axpenae, relocate, rearrancJe, or raaove its installations so as not to intarfere with any ncb use. 5. Any repair or replac:aent of any City installation aade nacesaary, in the opinion of the City•• Director of Utilitiu becauae of the cona1:r\l ion of the I i.,Jlb or other appurtenant nata a on thereof, at th• sole expense of the Liaana••· ,. Th• stipulation and c:onditiona of this License ab&ll be incorporated into contract .,.cificationa if the construction herein authorized is to be clone a contract besis. 7. The rights and privil..-a c,rantad 1n thi• Licenaa shall be subject to prior aqr....ata, lie ...... arv1/or grants, recorded or unrecorded, and it aball be the Licensee'• aola raaponsibililty to detezaine tbe existence of aaid docuaenta or conflicting ua .. or inatallationa. a. Th• Licenaff aball contact and tally cooperate with the City•a personnel and the cona1:r\lction shall be coaplated without interterenca with any la~l, uual or ordinary flow of water throuqb tbe City Ditch. Licensee •ball aaauaa all risk• incident to tbe poaailal• pruenca. of auch waters, or ot stor11 waters, or of surface waters in th• City Ditcb. t. All trencbea or hol .. within the City'• ri9bts-ot-vay shall be bac:Jc.filled and taaped to the ori9inal qround line in layers not to exceed six (6) inch•• loo•• .. asura to a compaction of ninety per cent (to,) Standard Proctor Naxiawa Density. - • .,, - • . •· • 0 ]- • • ·, • 10. Licua-, by accaptuca of tbia Urme, expresaly ... uaea full and strict liability for any and all daaa9•• ot every nature to peraon or proparty c::aued by water fro• the ditch leakin9 tbrOUVb tlla ditcb bulca or pipeline at the point or polnca where tba Licenaea ~ocaa any work in conn~ion vie Che croeainc, provided by thi• license. The Licanaee ....... all rapmaibility for uintananca of the installation. u. Lie ...... allall trt tty and aa.a banal••• the city, it• officer• um apl~, ..-J.ut any and all clailu, daae999, actiona or cauaaa of action and axpenaea to which it or ~ uy be au~ .. ~ ~of Aid ielni vl~ln~t.aar~~i Ce City or by r ... on of any work done or aaiuion aade by Lican•••, ita a99nts or aaploy ... , 1n cannac:tion vitb th• conatruction, raplacaant, uintenanca or repair of said installation. 12. :It ia eJq1rUaly ac,reed t:bat 1n caae of Licanaea' • breach of any of Che within praai ... , Che City uy, at its option, bave apecific perforaance thereof, or 8Qe for daaages rasultiluJ fraa aucb breacb. 13, u»on abandonaant of any ript ar privilege herein ~anted, the right of Lic:enaM to tbat utent shall tarainate, bllt its obligation to ~ity and save harale•• the City, ita officer• and aploy ... , aball not tarainata in any avant. In C)r'Ultint Che abaft Alltboriaatiaa, tllie City reaerves th• ript to aua full w of tba p. :;~ involved •• uy be nec:uury or convui•t 1n tba opaatia of tba vatar vork• plant and ayataa und8r Ula ~l of 1111a City. :or vrnn:a m•, Gia iutz & bu l»een executed u of tbe day and yur tint above vriuan. '™'™ Director of utilitiaa ~I . . ' ' • • • 0 • • ('o • . ~. EXHIBIT A 3' CONCRETE PAN CROSSING LOCATION A 3' WIDE COfCJtETI! PAN LOCA11!D c»i 1111 JD'l1I SIDB a, LOI' 3A. BLAICl!LAND INDUSUIAL PARK. t'1' AMENDMl!NT, LOCA.11!1> IN ll!C'l'Df 6. 'l'OWNSHIP 6 SOU11i, RANCE 61 WIST OF 1111! 61H P.M., arY a, lJ'fflJl1'0f, <DJNTY a, DOUOLAS, STATE OF c:a.oaADO, BEING MORE PAlfflCULAIL Y DISCIWID AS IUJ.OWS: CCMMENaNG AT1111! Nal11ll!AST CXIINER OI SAID SICl'Dl 6; 111!NC1! S 01924''6" W ALONG 1111! EAST LINE OF nm Nal11EAST (»il,QUAm'D a, SAD> SECTDI 6, 1357.77 Pl!BT101111! IOl1111!AST caua OILOI' JB. IL\D! AJII> NJUS'l'RIAL PAK, '/G AMENDMEHI'; THENCI! S 5P41'0t• W, 175.JI Pl!l!T ALCH111D! Nal'IH PlUJll!llTY LINE OF SAID I.Or 38; nlENCE S 72955'0r W, 111.00 PDT; 1IIINCI! S 15915'01-W, 121.00 P!ET; nlENCE N 77'02'59" W, 112.40 Pl!ET; 11IINC! N Wlt'W W, 15.00 Jll!l!T; 11ENCE N 60"06'59" w. 11.20 FEET TO 1111! Nml1IW!ST amllll OI LOI' 3A 1JII ffllNT Of IIRlfflPtfi: 1Hl!NCI! N 29953'01• 8, 50.00 Pl!l!T DIPAKDNG PDil 'IHB NmHI' LINE OF SAID LOI' 3A; DIENCE S 60"06',r 8, 14.o4 Pl!!T; 1BINCI S 2P53'0t• W, '8.00 FEET 10 A POINT 01 Dm!RSECllON Wffll '11E NCll'l1I LDll OI SAID IDI' 3; 11ll!NCE N 60"06'59" W ALONG SAID Nal'IH LINE, 14.04 FEETTO'l1E nwa; M IIFl!A!G- ,. ,,, _ .. 0 ' ' •. .. • • 0 ' I • - 0 • . . • j • I· • 0 • ...... ' 2 • • I l \ \ ' ' • • ...... ~ 0 • ~[L~~~[L~[N][Q) OlNJ[Q)(UJ~iT~O~[L ~~Cffi~51 CAUTIONARY NOTE •• DESIGN fQlliI & & ' •' •' . • . ~, 0 ~~'il'il~11 !MlM~ Q!i QIO Q\00 :iUIHl6Sllil (~) UltV.l UltV.l (Ill) (CfSl (CFS) (CfS) A D.14 2.1 .1.2 ••• I D.45 I .J I .I 2.7 (10 IIDIAIN HlliTOIIIC) D.21 I 0.2 j 0.4 I U •' -C ' , '(A\ I .,~ ,. GRADING AN( DOUG LAS CC COONTV ENGINEER rmr 1H[SE CONSTIIUCllON f R["1EIIDI IY DOUCI.AS GRAOIIIG AND CROSON ~': ... ( . ..,"\ t •_ , ••• ,.• - < ·, r I 0 • ~ • ORDINANCE NO . _ SERIES OF 1997 ·, • • • BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $200,000 GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER THE BROWNFIELD PILOT PROGRAM . WHEREAS, the City of Englewood applied to the EPA Brownfield Pilot Program for assistance in January, 1997; and WHEREAS, the 1997 Federal Brownfield initiative proposes to assist cities with Economic Development projects when an environmental issue interferes with development; and WHEREAS, the EPA announced that Englewood has been selected to participate in the Brownfield Pilot Program on May 16, 1997; and WHEREAS, the federal funds will capitalize Englewood's Brownfield Revolving Loan Fund for use within Englewood to conduct environmental llll8e88menta of contaminated property, engineer environmental clean up programs and to obtain the environmental assurances; and WHEREAS, although matching funds are not required to receive this grant, staff has submitted a request for funds because EPA funds may only be used for assessment and engineering; and WHEREAS, it would usually be more desirable for Englewood to have funds available to remediate contamination and expedite site redevelopment as loan funds are repaid once redevelopment occurs; and WHEREAS, the Englewood Neighborhood and Business Development staff bu been working with local business associations and development professionals to develop program guidelines and economic development criteria for loans; and WHEREAS , a 12 member task force will be meeting twice during the summer of 1997 to provide comments to staff on the program and the staff must consider the task force comments while completing program documentation for submittal to EPA for their review and approval; and NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ectjon 1. The City Manager is hereby authorized to accept said $200,000 Grant from the United States Environmental Protection Agency (EPA) under the Brownfield Pilot Program on behalf of the City of Englewood and sign all necessary documents for such acceptance. Introduced, read in full , and pasaed on tint reading on the 7th day of July, 1997. -I - ..... • . 10 b vi • • 0 I ]- • • • <. . ... Published as a Bill for an Ordinance on the 10th day of July, 1997. Read by title and paued on final reading on the 21st day of July, 1997. Published by title as Ordinance No. _, Seriee of 1997, on the 24th day of July 1997. Thomas J. Burns, Mayor ATTEST: Loucriahia A Ellia, City Clerk I, Loucriabia A Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final reading and published by title as Ordinance No._, Seriee of 1997. Louc:riabia A Ellis -2- - ' ' .. • • 0 , ,,~V I - - United States Environmental Pl'OleClion Agenc, Wllhinglcn. o.c. 20460 • 0 • SolidWate and EmergenC'/ RIIIIPQIIM (5101) EPA 500-F-97-126 April 1997 Regional Brownfields Assessment Pilot Englewood, CO Outreach and Special Pn,jeds Staff (5101) Quidc Reference Fact Si.at EPA's Brcwnfields Economic Redevelopment Initiative is designed ID empower States, communities, and other stakeholders in economic redevelopment to wor1t together in a timely manner to prevent. assess, safely dean up, and sustainably reuse brownfields . A brownfteld is a sitll , or portion thereof, that has actual or perceived contamination and anadivepotentialforredevelopmentorreuse . Between 1995and 1996, EPA funded 76 National and Regional Brownllelds Assessment Pilots , at up to $200.000 each . ID support creative two-year explorations and demonstrations ofbrownfields solutions . EPA is funding morethan27 Pilots in 1997 . ThePilotsareintendedto provide EPA , States, Tribes, municipalities , and communities with useful information and strategies as they continue to seek new methods to promol9 a unified approach to sitll assessment, environmental deanup, and redevelopment. OVERVIEW EPA Region 8 bas selected the City ofEnglewood as a Regional Brownfields Pilot. Early this century, Englewood wu home to many of the Denver are:i 's heavy manufacturing indusuies. Several of the older mcilities have become functionally obsolete, and residents near these sites suffer from below average incomes and population growth. In many cases, the potential for environmental liability hu kept prospective businesses from redeveloping these obsolele properties. Tbe pilot will target two sites tbatare considered to be essential toward achieving the C ity 's long-raqe planning goals. General Iron Works is a ZI0.000 square-foot former iron foundry on an 1 &-acre parcel. Almost one-fifth of the residents living near the Iron Works site live below the poverty level. Unemploy- ment and poverty rates in nearby neighborhoods are much higher than the City average. OBJECTIVES Englewood's goal is to establish a brownfields site assessment revolving loan fund IN1 offers low-inter- est loans as incentives for privue-sector property owners to voluntarily assess their properties. The PILOT SNAPSHOT CGmcll: MIik Glllllm Cly al Englewood Olb al Nllgllbomood 8ulinm Olvelopment (303) 782-2353 Dalll al Awad: Apnl 1997 Amocn: $200,000 Slla Prallle: Thi pilot wl lalget two fonnlr indullrill -will! known contlminlllon , ranging in size flam V.000 ,qiaw flet to 18 aam. David Ostrander U.S. EPA· Region 8 (303) 312~931 OS1rlnder.davidQ epll!IILlfl,l.gov V.1111 EPA Bnlillnllllll Wlblill at hllp:l1Www.epa.plbiwww.3lldl ..... •. .. •· • 0 f I - • • • ·, • t, City 'sobjectivesfortbepilotarett>encourqeaaea- ment, remediation plaaning. and reuse of mown brownfields; evalUale pocemially c:oammDlll!ldsillls; eliminal9aepaveimpacaonbealdlaodtbeenviron- meni; and ensure enviroamemal and economic: blll- etm for disadvmmpd communilies. ACT1V1TIES Activities planned IS part of lhis pilot include: • Cre811 aBrowafielcls Tuk Forceandeslablishing ils adminilll'llive pidelines; • Emblisbiq award c:riceria for a Browafields She Asleslment Revolving Loa Fund; • Continuing outreach efforts to community orpnimions and other sukeholders; • Identifying sources of remediation funds md potmtial developers for tbe two target Sims; • Dispersing revolving loan funds for eaviroamemal assessments at both larpt shes; and • Evaluadng commercial and induSlrial facilities for enviromaemal risk potllDtial. The cooperarive qnemem fordlil PUal bal aot yet 111m DipCilled; lblrefore, 11:tivilies dacnlled ill dais - ... -lllbjec:t ID chlap . lfef1D"' &OMllllldl ~---Plot ,.,,.1 -------- • I • . .. .. • • 0 l • • 0 I• • - 'FEDERAL ASSISTANCE , ---~-------·- I I. T'T1'!! OP S1l11MDSICN: , l. DAff lU!C!lY1!D IT ST.An!: I ST.AD AIP!JC.\lll:lN ~ P! .... r 4. DATE 1U1C:aV11D SY I'EDl!LU. InDfflFID C -C -l'IIDELU. MiDfCY C[~ c~ S. AIPUC.utr INPOIIMA'IlCN I L..-N-OIi i Ullil: I ADDIUISS C..,.. CII)', -· --· -i: l'--~---<Jtidla,...DNI- iJark Graham --....... -.-(lift--}. ~eighborhood and Business Developmen llark Graham3 Project uanager " ( 303) 762-2 !33 City of Englewood, Colorado ~ I 3400 s. Elati St:::-eet, Suite 200 1. Typaot~ c-......,...i-uabCIIII Denver, co 80110 A.Jllla a.r....-s.....m.. ... LC.-, L ___ ,,._'- .. ......,...,._ f -C.*-,li 1. l'mma u---, D.T.,...;p IC.1--Tlile 1.r-t.. laliNal ID G! -@ mi w [] CTl Cai lfil P. -.. M. Pl"* 0.....-- a.s,...Dla.-N. 0-. 1-s,.dy): I I.Typeot .~ 9. lf_otl,__ ~ 0 NEW C C:minnneioe 0 a.... p.s. Environmental PrnT'."'"T'.; "" :la-can,..,,. ir----. -...,..,,....1-1) Ul boll(eol: D D 10. C:.-. oll'eMoal 0-Aa111aa N .... rn1 [[! -l[! [j a "---A-1.0..-AINIO c.i-c.... T'-Supe:::-fund State Site -Specific D. 0--0.-a.. C~): Cooperative Ai;reements 11 • .,_,,.... T"llle ot Aflllliaa"• Pl..,.c I i:..-~i,,Pi..,..(--.---.): En~lewood Brownfield Pilot City of Englewood, Colorado Revolving Loan 11.,.,,,,_~,nevo lvinrr roan ,.,.,..it:ali7".t:k..w.c 11 iDla,-Of: V S-0.. ,~0-.. ~ LJb ..... 8 /1/9 7 .'i / A City of Englewood, Colorad Brown!i eld Pilot 1.s.a-,-.., 16. r..-...---i,, .. ._a... i::r,:.._, ........ I s 2nn nnn oC!!!) nil .. ___ ....... b.~ I s 0 .............. 1:ri:..----- •. s-I s 0 DATE ~1-I s 0 I b • HO C ....... il---llyLO. 1:37: • 1.0.. I s 0 C ........... _ ........ "'----r.i,.--I s 0 I 17. II 'l'D AfflJIC.Uft' DIIJIIQUllff' ON Alff l'llaAL Dan 1.T...i I s :.:uu,uuu C Ta ll'"T-.· ............. II ... II . TO -:,m Jllff OF MY IQIOWUl)CJS AND 111.1111'. A1J. DATA°" 't1III All'UC.\~ AAS nus A.Ill) ama:r. nm DOCtIMmn' !IA.I laN DULY M11'1lmmD IT TD OOVIINING IODT OI' 'l'D AfflJC.un' AN1> TD Al'ft.:.CMII' WIIL CCMl't. Y Wffll Tim AT?' A0GD AlltJaAltCII II' 'TD AIIIITAl'ICS II AWAaml> . • 1.Typ.a!'l-oi-Lp •• ' -· twa ...... (303 Dou~las...Q_ar! ~ Y""". J ~ Ci ty WLn:Lier ..... 762-2311 • • L~~ rr I ~ ,,J,A a.Ila~ Lf Al() V talaJ:i, - ............ !'la .... \ I I ............ ..... ....... ......... i...., .. , ...... • • ..... I ~ ~ • . I ..( I. 2. Oranl rro11am l'uncllon or Activity (1) eld # Calaloa of F~de,al IJomelllc A1tlllance Number (b) 60_-_QQ_i ---~-- 11u11c;.:·1· INFORMAl"ION · .... t: ... nd ... "~ Federal (c) SEt:UON A • IIUINif.'I' SU~IMAa Y l:lllmalcd llllUl,llpled 1'-'t N•·l'etleral (d) ........ (1) • 0 • -........ ·-· ................. Nall -l'edenl I T .... (f) _a :J . ·----t-----1----4. 1-~~~~~~~~--1-~~~~-I-~~~- 5. Tot1l1 6 . Object Clan Cate1otle1 1.re,-1 1,, 11r1.18 11enen11 c . Trani d. &plpmenl •• Supplla r. Coelnclal •· Conllrvctloll h. OIiier I. Total Ulreet Clwp1 (•m or 61 -6h) J. Indirect Chu .. k_. T(n'ALS (tmn or" Intl iJ) 7 . rroar•m lnconie (I) lli,QWI. 0 0 0 15,000 11o!ooo_ 0 0 200,000 0 200,UOU 0 200,000 SEt:'l'ION II • IIUUCiE'r t:Al'ECiC)allf..S URANT l'ROORAM, l'lJNC'llON UR AC'llYrl'Y c2, I c1, (4) An1i....t.1r.1..ea1a .......... 200,000 TC1fAL (5) 15,000 0 0 0 15,000 170,000 0 0 200,000 0 200,000 0 ---· ,__., __ ., ]- ] • > t I r -l • l r I ... , .. r. 0 0 0 C: '"' 0 • -.... .... (D .... C. . . f I • . ,~ • Cl ... 0 • 1 ---~-' C C a: "' C • = .... .... C: .... C. . -:r ~ • = i i r -.a. . ' • .. • • I 0 I • I - ]- • • • ,. &EPA Unillld Stamm Ertoi.wa.lWITal Pt :IGI AQallCV \Vaifia411W1. DC 20&80 Certification Regarding Debarment. Suspension. and 01fw Responsibility Matters The ~ ~ Cfflifiu ta th• but af ia knowtedQe and belNlf that it and ia piinciQaa: lat Are not g,-,ay deaarred. susaendad. l11'0DOACI far dabalment. declared inetigible, or volumarily excluded tram caver9d tranae::ions by anv Federal deparmlent or aaer,cv; (bl Have not ·Nittlin a tt,,... vw period grac:ading tt'lis proposal bNn convic:tad at or had a ciw jud;enN,u tWldenci against tt'lem far commiuion af fraud or a cnminal otfanM in connection with oaaininQ. mamDtinQ to obtain, or parfarmina a public (Federal, Stam. or locall uanaciion or camrac: under a puoUc nnac:ion: viola1ion at F.dwal or Seate amilnmt smuma or comT' 11km or lfflbaziarnatt. theft. far;lrv. bribery, fmifica1:ion or duuudan af ...:arda. rnalna falN scawmema. or receiWIQ stalen s:sro11env; (cl Are not cresemlv indic:2d far or otherwise c:iminallv or civilly dlar;ed by a govrm lfflilV ,......._ "' - Seate. or loc:all wnn commission at anv af u,e affwlsu ll'lumemad in paragraDt, 11 llbl at this O c:artiflcatlon; and !di Have not wilhin a tttree-vear period sncadina tt1il appicmion/proc,oal had one or men public transac:::ons (Federal. State, or toc:all 3lfflinated far cause or dafautt. r understand mat a false statament on this c:ar:itlcation mav be grounds far l"lieCDOn af this ~ or tarm1nanon of :n, award. In addkion. under T 8 USC Sec. TOOT. a falsa s.acamem may ruult in a fine at uo to ST0.000 or impnsonment for uo m S vars. or bod,. D I am unable to cartifv to ttte above statemems. My ~ ia nrached. •• ,._ 5700-4 (11-181 • • 0 I - • • 10. Will camply, if 3PPiiclbl.e.. widl dood imur.mca pardzase cequitwww of Sec:i.cm 102(a) ai die Fl.aoci Disasmr Pror.miaD ."4:: of 1973 (P .L. 93- 234) wmdl requires cecipima ill a specai f!oocl lm:ard ara ID palicipa8 ill die prosram am ID parchue flood imm:m:e if die mCl1 cast ai imm:lbie comauctioll amt acquisiEia1l is $10.000 armme. 11. Will compiy nil mvironmemal srmiards wtucll may be pnsailJed pmsua11t ID die fDilowiq: (a) imrimrioa of cvit+. a•enral qmiily cmmai WlreS llllllerli!eNmomlEnvii@ • eJtal Poiky Ac: of 1969 (P .L. 91-190) mi Em:miYe Order (EO) 11514; (b) mriflc:arion of vioJaiq f'acilmm parmam ID EO 11738: (c:) pxomcam of wedaads pamaam ID EO 11990: (d) evalmml of 8ood l!amds ill ftaodpmn ill accmdm widl EO 11988; (e) wwww of project ,,miancy widl die appmved SID mmepnnr prosnm d8veloped amler die Comal Zam Mampnwn: Ac: of 1972 (16 u.s.c. §§ 1451 • seq.); (f) cmmnmity ofFedcal acdom ID Sta (Cear Air) ~lememar:iou P!am lll!der Sec:ion 176(c:) of me Car Air Aa of 1955, as ammded (42 U.S.C. § 7401 • seq.); (J) promc:iml of IDldersraand sources of drinldD( wamr llDder die Saia DriDldq Warr Aa of 1974, as amended (P.L. 93-523); mi (h) proalCiml of endaDpnd spec:ia llDder me E:!danpnd Spedes Ac oi 1973, as amended, (P .L. 93-lOS). 12. Will comply widl tbe Wild mi Sc:enic Rivers Act of 1961 (16 U .s.c. H 1271 c seq.) reilmd to protec:tinc compoaems or pomiria1 compoaems of die aaional rid md scmic civm sysmm.. City of Englewood, Colorado • • l~ • 13. wm mm die awmm11 apac:y ill aaarmi c:mnplim:e widl Semm 106 of die Na:ianal &Illmic Prw,am Ac of 1966. as ammdad (16 U.S.C. 470), EO 11'93 (rt .,,. a,· m mi ptcw.iw of llilmac: propcDliiil). -die An:hemlnp::al m SilDxic Ptwtam Act ai 1974 (16 u.s.c. 469a-l et seq.). 14. WDl comply widl P.L. 93-348 tiipldha& die ptUM:.iw of Imm sabjec:11 iawhat ill --=. dllt:aillp nm: mi nami acziwim :mppntad. bf mis aml of neisren e 15. wm comply widl die I.abmarmy Allimal Wllifare Act of 1966 (P.L. 19-S44, a mwmhd, 7 u.s.c. 2131 IE seq.) pclaiaiq ID lbe care. bmdJfns, 111d aw .... of ,,.. blooded aaimlla bald lbr --=. IWmlll» or amar a:::mms snppcatad by daiaalldatw· •· 1cs. wm camp1y nil die Lal-Baal Pm PoisaaiD& Ptav611iwi Act (C U.S.C. ff 4801 c seq.) wllicll pmbibia die 11N of lai baled paim ill c:amrmcion or rmalrilimiml of rmidm mwa. 17. Will came ID be (1*16ii1iwd die mquited flmncal . 111d complim aadia ill a:cardm nil ma Siqie Aadit Ac: of 1914. 18. wm comply widl 111 appliclble teqiihw of an omar Federal 1.aws. UIICllliYe omm. replmom 111d poucia IO"ClUDI !Im prop-am. fflU Doug Cl&rk, City U&n& er • .. ., • • 0 , ]- • • • (. ~:f : ~TION REGAAlllNG t8BB_ .. _:tlN_: . G •·.· -.. . . .•· .•• '> . .. , ... , .... ·• Ceninc:uion for Conr:rac:s, Grams, Loam, and Cooperative A&reemezm 1'be 1Jlldersjpsf o::rtifias, ta the bes af bis or lier lmowledae mi be!=, tlm: 1. No Fedml apptupriarcd fmlds have bem paid or will be paid, by or on behalf of die audersiped. m any penon for iafJ11eida1 or ame1updq ID iaflom = ID offic:r or empioyee of any apmcy, a Member of Coapm, m officer or employee of Conpas. or m employee of a Member af Coopea ill rn W1hl wilh tbe awudiac of any FedeD1 mamcr, tbe maldq of my Fedeca1 pam. die mumc of any Fedml lrml. die e111mP1 iDID of any coopu alive qreeme.&. mi die dli&BPll'll. CXriil ioo1cion, reana1. UNO r+mem, or IDMiflation of my Fedm1 coam.a, ,nm. loill, or coopewM a,reemem. 2. If my funds odler tbaD Fede:a1 appropriaD:d funds have been pMid or will be paid ID my pmoa for infloeacins or mrmptiug to iafl•w-= ID offic:r' or employee oi my apncy, a Member of Coqress, an offic:r or empJoyee af Coapess, or an emp-,,. ol a Member of Coqmss ill COIIDldon wim tbis Fedm1 canrnc:t, ,nm. lrml. or coope.aa:i:ve qieemem, die UDdmiped sllall cuwpiem aad subam Sraadird Foma- W.. ·oi.sc!osme Form u, ~rt LobbyiDJ, • ill accordaac: wim ia iasmlaions. 3. The •mdeniped sball require tbu the iaapqe ol tbis cerrificaa:i:oD be inc:lm:lrd ill die award documents for all subawards u all tie:s (iDcbM1ia1 sabcom. subpaa, mt· com Wider' pm. loam, aad ccopc:mve apeme:m) mi dllt all subrecipims sball cc:tify aad disclose ac::ordiDf.!y . !bis c:cnificalioll is a mamrial rcpPi • ratiou of fact 1apoa wbich n:liaace was placed wbm tbis maac:rim wu made or eme:lld iaro. Sum,issioa of tbis cmrmc:atiDD is a prerequisite for makiDJ or emimn1 imo this tr.aasacrion uapoa1 by Sec:im 1352, tide 31. U.S. Code. AJJy person who fails to file die reqund cenific:moll sball . ID a civil penalty of aot less man Sl0.000 aaM:t aot more dllll Sl00,000 ~-r- I -_{} ... r . , • . .. • • 0 t ]- ] ORDINANCE NO. _ SERIES OF 1997 • • I~ • BY AUTHORITY COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE FOR THE PURPOSE/AUTHORIZING A VOTER- APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD , COLORADO. 10 b vii WHEREAS, this bill for an Ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding voter approval for a revenue change in the spending limits that the City of Englewood ia otherwise subject to pursuant to Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever; and WHEREAS, City staff and City Council agreed that the citizens of Englewood should vote on the disposition of future revenues the City collects; and WHEREAS, the City of Englewood will only be allowed to retain those taxes and other revenues that currently exist, without raising any existing tax or implementing any new tax; and WHEREAS, the City of Englewood is highly dependent on taxes that can widely fluctuate and without this measure, these taxes may not be available for providing services to the citizens of Englewood; and WHEREAS , the City of Englewood could incur additional costs to refund taxes and hold elections without this measure; and WHEREAS, the City of Englewood will be better able to plan it's future service levels if the revenues the City collects are known to be available for spending; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. Pursuant to the provisions of law the City of Englewood hereby 1ubmits for a vote of the registered electors of the City of Englewood at the 1997 Municipal Election the following issue and the ballots for said election lball carry the following deaignation which s hall be the submiuion clauae : WITHOUT INCREASING EXISTING TAX RATES OR ADDING ANY NEW TAXES OF ANY KIND , AND FOR THE PURPOSE OF FUNDING THE COSTS OF: (A) PUBUC SAFETY , (Bl STREET MAINTENANCE AND REPAIR, (C) LIBRARY SERVICES, (D ) RECREATION SERVICES, <E l PARK MAINTENANCE , AND OTHER LEGAL MUNICIPAL PURPOSES OF THE CITY OF ENGLEWOOD, SHALL THE CITY BE AUTHORIZED TO COLLECT, RETAIN , AND EXPEND ALL EXCESS REVENUES AND OTHER FUNDS COLLECTED IN CALENDAR YEAR 1997, AND IN EACH CALENDAR YEAR THEREAFTER, INCLUDING ANY REVENUES CURRENTLY COLLECTED ...... "' - I . . .. • • 0 ' 2 I -• .. • ·, • <, FOR THE PAYMENT OF DEBT SERVICE NOTWITHSTANDING ANY STATE RESTRICTION ON FISCAL YEAR SPENDING INCLUDING WITHOUT LIMITATION THE RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES __ NO __ Sed;jop 2. Each elect.or voting at said election and deairoua of voting shall indicate his choice by depre1111ing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where UBed . Section 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvuaed and the result ascertained, determined, and certified as required by law. Sed;jop 4-If the elect.ors approve this measure, the City will collect, retain and ezpend all revenues it collects without imposing any new taxes or raising any existing taxes. Sed;jop 5. If the elect.ors do not approve this measure, the City will c:ontinue t.o fully comply with all aspects of the Tax payers Bill of Rights (Tabor). Sed;jop 6 . If any aection, paragraph, clauae, or other portion of this ordinance ia for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this ordinance. Introduced, read in full, and paued on &nt reading on the 7th day of July, 1997. Published as a Bill for an Ordinance on the 10th day of July, 1997 . Read by title and paued on final reading on the 21st day of July, 1997. Published by title as Ordinance No .~ SeriN of 1997, on the 24th day of July, 1997. Thomas J . Burne, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellia, City Clerk of the City ofEqiewoocl, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and published by title as Ordinance No .~ Seriea of 1997. -~,:!a...\ .... ..... .. • , • < • 0 I • • ORDINANCE NO . _ SERIES OF 1997 BY AUTHORITY • 0 • COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR RESIDENTS OF PAVING DISTRICT NO . 38 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . WHEREAS, the City Council of Englewood, Colorado, has determined that it is necessary to create a special improvement district within the City for the purpose of providing for the removal and replacement of sub-standard curb, gutter, and sidewalk and the new construction of curb, gutter, and sidewalk improvements, together with necessary incidentals, within the City and to assess part of the cost of the improvements against the real property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Title 11, Chapter 2 of the Municipal Code of the City, the City Council, upon its own initiative, has determined to proceed with the removal and replacement or new construction and installation of such improvements; and WHEREAS , the City of Englewood , Colorado desires to submit a question to the property owners of the special improvement district as set forth in C.R .S . 31-25-534, entitled , Issuing bonds -property specially benefited; and WHEREAS, the City of Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedures may be implemented to coordinate this iuue; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : 10 b viii Ses;tion 1. Pursuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the State of Colorado who are owners of property within or residents of Paving District No . 38 of the City of Englewood at the 1997 General Municipal Election the following iuue and the ballots for said election shall carry the following designation which shall be the submiuion clause: SHALL THE CITY OF ENGLEWOOD'S DEBT BE INCREASED $970,000, WITH A REPAYMENT COST OF $1,3000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF REMOVING AND REPLACING SUBSTANDARD CONCRETE CURB, GUTTER, AND SIDEWALK AS WELL AS INSTALLING ASPHALT PAVING TO MINIMUM CITY SPECIFICATIONS FOR PAVING DISTRICT NO . 38, BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS PAYABLE FROM SPECIAL ASSESSMENTS IMPOSED AGAINST BENEFITED PROPERTIES LOCATED WITHIN PAVING DISTRICT NO . 38, WHICH BONDS SHALL BE ISSUED, DATED , AND SOLD AT SUCH TIME OR TIME AND IN SUCH MANNER AND CONTAIN SUCH TERMS, NOT INCONSISTENT HEREWITH, -1- .. •· • 0 I - - • • • I• • AS THE CITY COUNCIL MAY DETERMINE; AND SHALL THE REVENUES FROM SUCH SPECIAL ASSESSMENTS AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES __ NO Sec;tion 2 . Each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Section 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be publilbed in the manner and for the length of time required by law, and the ballot. cut at such election shall be canvaased and the result ascertained, determined, and certified u required by law . Section •· If the majority of the regiatered e1ecton who are ownen al property within or residents of the district voting at said election vote yea for Mid proposition, the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the ma,jority of Aid reciBt,ered electors voting at said special election. Section 5. If a majority of the registered electors who are c,wws al property within or residents of the district vote no for said propoaition, the propertiee loca&ed within the local improvement district shall b e aueued for the improvem-ta with their property taxes. Section 6. If a majority of the registered e1ecton of the City al Enpewood vote no for said propoeition the City Council shall finance the conatructicm of impo.~ to the City's water system and water p~ equipaent indudinr all appur1alant facilities by other methods . Section 7 . By approving this Ordinance the City is not ltat:m, that apec:ial uaesaments are by any law tues. It is the purpoae al this anma-to ..wr-the iBBue of financing special improvement projecta in the moat economical manner and to avoid expensive, time consuming litiptian and the ~ties tbareof. Sec;tion 8 . If any section, paracraph, clauae , or other portion al this Cll'diDance is for any reuon held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaininc porticma al this ordinance. Introduced, read in full , and puaed on ftnt readinf on the 7th day of July, 1997. -2- "' - ... • • 0 , - - • • · ... • • <' \, " . \. y Published 88 a Bill for an Ordinance on the 10th day of July, 1997 . Read by title and pused on final reading on the 21st day of July, 1997. Published by title 88 Ordinance No . _, Series of 1997, on the 24th day of July, 1997. Tbomu J. Burna, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Louc:riahia A. Ellia, City Clerk of tbe City of Eaclewoocl. Colorado, hereby certify that the above and fonFiDI ia a true copy of tbe Ordinance paued on final reading and publiabed by title u Ordinance No. _, Seriee of 1997. -3- .. • • 0 I '.l~ 'VI - • ORDINANCE NO. _ SERIES OF 1997 . ' • • - '· BY AUTHORITY t• 10 b ix COUNCIL BILL NO . 65 INTRODUCED BY COUNCIL MEMBER VORMITrAG AN ORDINANCE SUBMI'M'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WlilCH WOULD AMEND SECTION 108 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS -SPECIAL SURPLUS AND DEFICIENCY FUND FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, citizens in the City of Englewood directly impacted by special or local improvement district debt questions will be allowed to vote on financing options available to them without having all voters in the City voting on issues that only affect them; and WHEREAS, the City of Englewood will be given more flexibility on deciding to retire the last fifth of outstanding special or local improvement district bonded debt; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : S@ction 1 There is hereby submitted to the regiBt.ered electors of the City of Englewood at the nen scheduled regular municipal election propoaed amendment to the Charter of the City of Englewood, u follows : 108: QullRCMI No . ARTICLE X FINANCE ADMINISTRATION PART III . BONDED INDEBTEDNESS SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS - SPECIAL SURPLUS AND DEFICIENCY FUND Whenever a Public Improvement District hu paid and cancelled four-fiftha (415 ) of its bonds outatanding, and for any reuon the remaining -menta are not paid in time to take up the final bonds of the diatrict and int.erest thereon, then the City ~ MAY pay said bonds when due and interest due thereon, and reimbune itlelf by collecting the unpaid uaeumenta due 1aid district. -1- "'~ ' • . .. • • 0 f ,,,, I ]- • ... • • '· Ses:t;ion 2 The voting machines, paper ballots or mail ballots for said election shall carry the following designation which shall be the submission clause: Question No Shall the Home Rule Charter of the City of Englewood Section 108 • Special or Local Improvement District Bonds of Article X, Part III be amended to allow the City of Englewood the option of paying the principal and interest due on the lut fifth of any outstanding special or local improvement district bonda when due and reimbune itself by collecting the any unpaid .-ments due &om the district? Yea No Sect;ion 3. Each elector voting at said election and desirous of voting shall indicate his choice by depre&11ing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where med. Ses:t;ion , The proper officials of the City of Englewood ahall give notice of said general municipal election, such notice shall be publiahed in the manner and for the length of time required by law, and the ballots cut at such election ahall be canvaued and the result aacertained, determined, and certified u required by law. Ses:t;ioJL5 . Only if the question ia approved by the n,giatered elec:ton of the City of Englewood shall the Article be amended and the Charter, u amended, certified to the Secretary of State. Ses:t;ion 6 . If any aection, l)IU'8ll'aph, clauae, or other portion of thia Ordinance ia for any reuon held to be invalid or IUUIDforceable, the invalidity or unenfon:eability shall not affect any of the remaininc portiona of thia Ordinance. Introduced, read in full, and puled on tint reedia, on the 7th day of July, 1997. Published 81 a Bill for an Ordinance on the 10th day al July, 1997. Read by title and palled on final readiDf on the 21at day of July, 1997. Published by title 81 Ordinance No. _, Series of 1997, on the 2"th day of July, 1997 . Thomu J . Burna, Mayor ATTEST : Loucrishia A. Ellia, City Clerk -2- . , .. , • • 0 , I ]- J- • • .. • ... I, Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final reading and published by title u Ordinance No._, Series of 1997. -3- ,, ~ ' , ' ' • . .. • • 0 ,_ I ]- ORDINANCE NO . _ SERIES OF 1996 • • • BY AUTHORITY COUNCIL BILL NO . 66 INTROD~9.!:D BY COUNCIL MEMBE,-VORMITTAG 10 b X AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding the issuance of debt for the purpose of financing the construction of improvements to the City's water system and the purchase of water processing equipment including all necessary and appurtenant facilities; and WHEREAS, Article X, Section 20 of the Colorado Conatitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt or other financial obligation whatsoever; and WHEREAS, City staff, City Council and the Englewood Water and Sewer Board agree that the water system improvements are needed to improve the City's water quality; and WHEREAS, the City's Financial Services Department, Utilities Department and the City's financial advisor have worked together to find the leut expensive method to finance the water system improvements; and WHEREAS, the leut eq,ensive method of financing these improvements is by issuing general obligation debt; and WHEREAS, the issuance of this debt is not included in the City's debt ceiling computation; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. Punuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the City of Englewood at the 1997 Municipal Election the following iasue and the ballots for said election shall carry the following designation which shall be the 1ubmiasion cla111e : SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED S15,100,000.00 WITH A REPAYMENT COST OF '25,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED Sl ,300,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND ,- ,, • • 0 , ? I • • ·~ - .. APPURTENANT FACILITIES, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS PAYABLE FROM SUCH CITY FEES, TAXES OR OTHER REVENUES AS THE CITY COUNCIL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST RATE, DATED AND SOLD AT SUCH TIME OR TIMES AT SUCH PRICES (AT, ABOVE, OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY COUNCIL (I) SHALL THE CITY'S AD VAi.OREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDfflON, AND (II) SHALL THE REVENUES FROM SUCH TAXES AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE?• NO Sectjgn 2. Each elect.or voting at said election and desirowl of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3 The proper officiala of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvuaed and the result llllcertained, determined, and certified as required by law. Sectjop 4 . If the ballot iaaue ia approved by a ~ority of the regiltered elec:ton of the City, the authority of the City Council to iaaue general obligation bonda of the City will be deemed and considered a continuing authority to iaaue and deliver such bonda at one time or from time to time in accordance with the terms and conditiODB of approval as aet forth in the ballot iaaue voted upon, and neither the partial eurciae of the authority ao conferred, nor any lapse of time, will be conaidered as emauating or limiting the full authority c:onferred by the elect.on. Sectjqn 5 . If a majority of the registered elect.on of the City of Enciewood vote no for aaid proposition the City Council will not be able to iaaue bonds and will not be able to enter into a long term contract without an appropriatiODB clauae. Sectjgp 6 . If any section, paragraph, clauae, or other portion of thia ordinance ia for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portiona of thia ordinance. Introduced, read in full, and puaed on first readina oo the 7th day of July, 1997 . "' - ' • • • 0 , - • • • • ·~ • Published as a Bill for an Ordinance on the 10th day al July, 1997. Read by title and pa8lled on final reading on the 21st day of July, 1997. Published by title as Ordinance No. _, Series of 1997, on the 24th day of July, 1997. Thomas J . 8Ul'llll, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I , Louc:riahia A. Ellia, City Clerk of the City al Englewood.. Colondo, hereby certify tbat the above and foregoing is a tJUe copy of the Ordinance puaed on final rNdinc and published by title u Ordinance No. __, Series of 1997 . . ' • . ... • • 0 l _ _ I - • ORDINANCE NO. _ SERIES OF 1997 • • • BY AUTHORITY I • COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE SUBMITl'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO REGARDING POWERS EXPRESSLY WITHHELD FROM COUNCIL. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood amendments to the City of Englewood Chart.er; and WHEREAS, Article III, Section 32, currently provides for removal from office by a unanimous vote of Council; and WHEREAS, Article V, Section 37, prohibits Council Memben from voting upon matters involving the consideration of hill own official conduct or when his peraonal or financial interest ia involved; and WHEREAS, Article m , Section 32, of the City of Englewood Home Rule Charter shall be amended to eliminate the language regarding removal by a unanimous vote of Council; and WHEREAS, the Cb.art.er would be cbanpd to allow citizen recall of a Council Member but would prohibit Council removal of a Council Member; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjgp 1. There ia hereby IIUbmitted to the nptered elec:tm'I of the City of Englewood at the next scheduled general municipal election a propoaed amendment to the Charter of the City of Englewood, Article III, Section 32, • filllowa : ARnCLBm LBGIBLA'ftVE BODY 32: POWERS EXPRESSLY WffllHELD FROM COUNCIL Council shall deal with the adminiatrative service solely and directly tbroup the City Manager, and neither the Council, ita members nor committ.ee sball either dictate the appointment or direct er interfere with the work of any c6el' or employ9e under the City Manapr, either publicly er privately. Attempt.eel didaa-, direction or interference on the part of any member of the Council sball be dNmed ~- , MMI _, memher tA.a.e Germail fe-.1 ,_.,.el-,•• ... -, he,_...•- e8iee i., • · 11• •• ef G11111il . ~----· ,,. - • . ' 10 b xi • • 0 I -• • • Sec;t;ign 2. Ballots for said election shall carry the following designation which shall be the submission cla1111e: QUESTION NO. __ Shall the Home Rule Charter of the City of Englewood Section 32 -Powers Expresaly Withheld From Council of Article ill; be amended to eliminate the language requiring the impouibility of a unanimoua vote of Council for removal of a Council Member and leaving the recall procedure u a remedy for violatiom of Section 32? YES NO Scr;tim 3 . Each elector voting at said electian and desiroua of votmc aball indicate hia choice by depreainc the appropriate counter of the voting machine or by the appropriate marking upon paper ballota where um. Sertim 4 The proper offic:iala of the City of En,lewood aball ,m natice of aaid pnsal municipal election, aucb notice aball be pvNimed iD the __. wl for the len,th of time required by law, wl the ballou cut at aucb elediaD aball be caa....t and the reault ucertained, determined, wl catified • required by law. Scr;tim 5. Only if the queaama ill_,..,.,... by the ...-.a1......,. of die City of Enclewood shall the Article be ammded wl the Cbarw, • ar W, cati&al to the Secretary of State. Sa;tigp 6. If any aectioD, l)U1lll'9llb. claw, ar adler panim of dlia 0.--ill for any reuon held to be invalid or _..._._, the iafllidity ar -'armability aball not affect any of the r-naininc pm'tilaa of dlia Ordillam. lntroduced, read in full, and paaaed OD ftnt reediq OD the 7th clay of July, 1997. Publiahed u a Bill for an Ordinance OD the 10th day of July, 1997. Read by title and paued on final readiq OD the 2ht day of July, 1997 . • . ~ I .. • • 0 l .I ]- - • .. • • . ~- ·, Published by title as Ordinance No. __, Series of 1997, on the 24th day of July, 1997. Thomu J. Bums, Mayor ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and foregoing is a true copy of tbe OntiDance puaed OD final reading and published by title as OntiDance No. __, Series of 1997. , -. ' . • . , ' ' .. • • 0 f __ I , • • • COUNCIL COlalUNICATION Data Ju 21. 1997 Agenda 11am 10 C f INITIATED BY STAFF SOURCE Department of Public Wor1cs Rick Kahm, DiredDr of Public Wor1cs COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 40 on March 17, 1997, declaring the City's intant to form Paving District No. 38, and Ordinance No. 34 on May 5, 1997, creating Paving District No. 38. RECOIIIENDED ACTION Approval. by matian, ID award a cantract far •igi-ilig, surveying and design of Paving Dlmict No. 38 ID ADG Etlgineaiig, Inc. in the amount ofS57,520.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENT1FED Since 1956. the City has been improving its streets to IT.at minimum City Standards through paving improvement districts. During this period, some 30 diltricts have been compleled, improving approxin l8l9ly 99 miles of streets and 43 alleys. Until 1990. Engineering Selvic:es retained sutllcient staff ID perform the •igiieering, surveying, design and drafting of all paving distrids. In 1990 and 1991 , l'lowavs, the Cly reoiganizect its staff and conlC>lid-.:I several departments. As a result. Eligi-iig Senrica dowulizect ils wort( forat, and it became men COit efflcient to outsource this wcrtc ID a qualillad • igi-i ig conlUlllng llnn. FlltANCIAL _.ACT Paving District No . 38 is scheduled for construction during the IUffll'IS and fall of 1998. Funding for the City's portion of the project in the amount of approximallltf $520,000, is budgad in the 1997 and 1SNII PIF. Construction funding for the asseaaole portion, in the approxi, .. amount of $890,000, wil need ID be provided by the City from the General Fund balance, reimburlable lhrougtl IIIIIITalilll to the alllC:llld propel1ies and wil be due with praparty taxes in the yw 2000, or from a bond sale. The bond sale quNlion is ICheduled for the 1991 eledion. The ..........,.1o1a1 wil be~ saeo.ooo. wnid'I indudea 1ega1 ..... contiigenc:ies, etc., bringing the projec:t IDlal to $1,380,000. Of the $520,000 blldgelad. $100,000 is eama1ced far •igi-iig. ~ deligrl and drallng ..--far lhis project. The ADG connct is in the amount of $57,520.00. The -... of lllldl in the Eugi_.•ig budgal far this project wil be UNd to provide in-house....,.. far construction~ i....-, ....... •iginNl'ing. and edi ,Ii ...... wvices during the construction and 111111 ••• ~ of the projec:t. "' - • . • • • 0 -• . .. • (. ... F°MI propoull far providing •iglllNfflll lrla8 far Paving Oillrict No. 38 .... IOllcild .. The falkMing four cansullanls submltllld p1apo1818: Robnanl[)allon Eligi.-'•111 ADG Eiigi...:.111, Inc. Zylstrll Bakar' Eligi .-;. ig JR Eligi!Nring SG.500 $57,520 S82.8150 $129,550 1naviews ... candumd w111 tw two CCIIIIUlanlll lUbmllling piopaaala wllll tw lolla' • 9CMdula. -n- canlUllanlS..,. RobNan/Dlllll'I Engi-*1g and ADG Eiigi..:.111, Inc. ADG is a locll Engtllllaod Inn that ha iil!llla • If CGl4ll 11 ~ __.. plajacla far .. CIJ dEi.gllllllioad In tw .. Adlllk...alr, A0G is lllallld w111 twa1ly-lWo y 11me .,__. w111 in..... uw,1ng •-n RabnanlDal1lln 11a at1tt e1g11t •• .,,.. and one.._,~-Pulllc WIiia ...._ llltADG e,ig11...:.111, Inc. can plavida p1 r 111a1et 1r1a8 farthia pawing dllrtct In a...., and CMlal CDll :slKtlwa--W. ........ , •• 111 .. ....t d a canlraCt tar._..,,._ 10 ADG EilgiWilll, Inc. LmTOF ATTACIIIIENTS None •, ' .. • • 0 - , •, 770 WEST ~ IIIIIOIUE. sunt: 2SI OIGI.DIOOD. CCUllWIO 1111110 PHONE: (lOl) 781-5142 'M: (lOl) 781-514J crrY OF ENGLEWOOD 3400 SOU11I EUTI smEET ENGI..EW(lOO, CO IOI 10 ATI'N: PAUL ICAPAUN FIELD OPERATIONS ADMINIS'l1lATOR • • • AGREEMENT ,. - • A ACEC Proposal No ......... 97......,.-54 ____ _ ADG Job No . __ 63_70 ___ _ Dire. ____ _ Pase I of 2 PAX NO. 719-1125 ADG ENGINEEIUNO, INC. qrees 10 perform professional services • follows for 1IIE cm: OF ENGLEWOOD PUBLIC WORICS QEPARJMENT . OWNER. and Owner agn:cs 10 pay . therefore . in die manner set out below : PROJECT NAME: QTY OF ENGU!WOOQ STREFl'PAVJNG DIS]]UCT NO. 31. &N DESCIUP110N OP SE1tVIC2S10 IE PBJIOllMED: ENGINEEJUNG AND SURVEY1NG SEltVICES PB1HE A1TAOIED SCOPE OF SEltVICES-SEE EXR.-r'"A" 1YP£ OF AGREEMENT: TIME AND MATBJALS -Medllld of Billin&-Cllrfflll Fee Scbedule, copy anacbed. NOT TO EXCEEDFEE: ma gp SEEEX11mr"8" NOTE: In die -we .-Id beer a dlaec ill die Scape of Services. we will lllbmi& a Desip Cllaftle Nocicc (DCN) for your approval prior IO pnaediaa. . . •, .. • • 0 f _ I ]- PROPOSAL NO. 97.54 ADG JOB NO. 6370 DATE PAGE2 OF 2 LIMITATION OF UABlUTY : . ' • • • <. 1be Owaer agrees ro limil ADG EqiDeerina, Ille. lilbili1y oa KCOlllll of property or CXIIIICCplllllD damages IO die Owner and IO all COlllnCIOn or SubwaaKIDIS Oil die project due IO ADG Enpieering, Ille. profasioaal nesliaem am. emxs . or omiaiom, such dial die toml aareaa lilbilily of ADG Engiueering, Ille. to all !bole n-' slloald DOI aceal ADG Eqimeriq, Ille. IOCll feel for mvices mMlaed oa this project. For addiliallll lilbili1y, a fee of I 'it~ of die lilbili1y _,.. requesied sblll be paid prior IO die CC W d of ~- PA YMl!NI' SCIIBDULI!: Billillpwill be pramed early ill die DIIIIII far mvices pafu.wd die prniou IIIDlllh . Paymml is due willlill 30 days of die dae of die Slllmmll. FINANCE CHARGES will be dlarpd oa all PIil Due Aa:oams ulllesa ocbawi1e provided by law or by comraa. Finax:e Qaqa will be compaa,d by applyiq a siape paioclic l'lle of I~~ per 11111111h (ANNUAL PERCENTAGE RATE OF 18~) to die UllpUd ballacc . Owaer agrees to pay realOlllblc colleaion aad aaomey's feel ill die ew:m of ~- Sbould 0waer fail IO pay for profasioaal mvices bclaaler, M ftlled. widliD 30 days of sudl billilll, Eqineer sblll be eKllled fJOm tmderiJI& my l'unlla' paf.wwww Ullder dais project. Anomey feel 111d COIIS, and eagiDeeriDg feel aad e:a:pemcs, IDd odler rellllad eq11111e1 of Eqineer due IO litiplioa involving die Owner or die EqiDler. rmdlia& fJOm die project. mall be CCllllidenld m ema service 111d sblll be paid for by die 0waer, 10 loq a die Eqineer is DOI foaad liable for such apemes aad C011S acconliq to die laws of die approprille forum . PI.EASESIGN AND ltlmJUf ONE (1) <XH'Y OF 'IBIS NWBINPNT 10 OOR QIIIIK:I! SIGND'YING YOOa ACCl!l"l'ANCIL AU111Da1ZA1ION 10 NOCiiiiDft: ___________________ _ Telepboac: ______ _ Vertlll : ______ _ Odler. ______ _ ACCl!l"l'ANCE OF TRIS AGREIHBNT: OWND: __________ _ ADG BNGINlll!IUNG, INC. BY : ___________ _ BY :. _____________ _ David E. Moocbln. P .E . TIiie Jgly 2 1997 ,- . ' • ' \ ., • • 0 , - - ,. • • t• • ' BDI:Brr •A• SCQPI QP SIIVJCIS 2,0 118'QICll A. B. C . D. Obtain Subdivision Plats for abutting properties . Obtain (from City) Utility Maps for sanitary sewers, storm sewers and water lines. Obtain (from the appropriate Utility Companies) maps for gas, electric, telephone and cable. Contract for field locates (painting) of gas, electric, telephone and cable. 2.1 SQ&vltXW A. Field reconnaissance to locate street rights-of-way. B. Establish the centerline of the right-of -way at points of curve and tangent based on the description of record. C. Vert i cal control will be established on the points of curve and tangent from a primary benchmark (a City of Englewood benchmark). D. Horizontal and vertical locations of existing improvements, structures and utilities including inverts of culverts and natural drainage features will be tied in and indicated on the survey . E . ~ El·e._vations of the existing asphalt surface will be detf!rmined at approximately SO foot stations on centerline and both edges. F. Mapping will include contours at 1 foot intervals plus spot elevations . 2,2 ITIIIT DDimr pup A. B. C. D. E. F. G. General -Refer to Section 2 . o Research, Section 2 . l Surveying and Section 2.3 Storm Drainage. Meet i ngs with City Personnel to discuss Design Cri teria, etc. Street Design on plan and profile sheets for all proposed streets at a scale of l inch equals so feet horizontal . Plans shall be prepared in accordance with the City of Englewood street construction standards criteria. Plans shall be submitted on City of Englewood base sheets, and shall be drafted according to the City of Englewood drafting standards. The streets shall be designed as to not block storm drainage from adjacent properties. Streets will be designed to tie into CDOT construction on the Navajo/Windermere truck route. "'~ • .. • • 0 , I - - • • • • <. H. Designs will be submitted for the following locations: l) We•t Radcliff Avenue -S. Windermere St. to cul-de- sac ± 600' East of Navajo. 2) We•t Stanford Avenue -S. Windermere St. to cul-de- sac ± 330' East of Navajo. 3) We•t Thoma• Avenue -S. Windermere St. to S. Garden Street . 4) South Beverly Drive -W. Tufts Ave. to w. Thomas Avenue. 5) South Gardea. Street -w. Thomas Ave. to cul-de-sac + 220' s. of Thomas Avenue. 6) South a..racm Str-t -E. Girard Ave . to E. Hampden Avenue. 7) South W~e Str-t -W. Quincy Ave. to W. Tufts Avenue. 8 ) Prentice ATellue -S. Windermere to S. Hickory Ave. 9 l •-t Jeffer•oa. Avenue -S. Cherokee St. to alley East of Cherokee. 10 ) W.•t .Tuft• Avenue -s. Windermere St. East 300'±· I . Plans will be submitted to the City of Englewood Engineering Department for Review and Approval. J. All Streets with Asphalt Paving -NO Geotech Soil Borings and Report, as the pavement thicknesses are listed in the report to City Council. K. Concrete Paving -Geotech and Pavement thickness Design. NOTES: l. It is understood that all existing paving will be removed and replaced on all projects except Prentice Avenue. 2. Prentice Ave. paving will remain in place. 2,3 STQIN PBIWGI A. B. General -Provide Drainage Plans and Profiles of any proposed Drainage System. Specific Storm Drainage needs: l ) We•t lladcliff AYellue -S. Windermere St. to cul-de- sac ± 600' East of Navajo. Storm sewers exist in Windermere and Navajo that will be utilized. Additional storm drains will probably be needed East of Navajo. 2 ) We•t Stanford AYellue -S . Windermere St. to cul-de- sac ± 330' East of Navajo. Storm sewers exist in Windermere and Navajo that will be utilized. We should be able to drain the new paving East of Navajo to Navajo with no additional storm sewers. 3) We•t flMaaa Avenue -S. Windermere St . to S . Garden Street . Storm drainage will be tied into the Windermere Paving Project now under construction. 4 l South 8eYerly Drive -W. Tufts Ave. to W. Thomas Avenue. • ' .. • • 0 • • • (. Storm drainage will be tied into the Windermere Paving Project on the North and the Thomas Avenue Paving on the South. Inlets will be required at the intersection of Beverly Dr. and Thomas Ave. 5) South G&rdell Street -W. Thomas Ave. to cul-de-sac + 220' S. of Thomas Avenue. It appears that a storm sewer will be required in Garden Street from the cul-de-sac to the intersection of Beverly Dr. and Thomas Ave. 6) South Blleraon Str-t -E. Girard Ave. to E. Hampden Avenue. It appears that NO new storm drains will be required for this project. 7) South 'lfi.Ddanlere str-t -w. Quincy Ave. to W. Tufts Avenue . There is an existing storm drain in Windermere St. from W. Quincy South to Stanford Ave. that will be utilized. The existing inlets will need to be relocated to accommodate the new curb and gutter. Additional storm drains may be required in Windermere from Stanford Ave. South to Tufts Ave. Bl Prentice Avenue -s. Windermere to S. Hickory Ave. It appears that NO additional storm drainage will be required for this project . 9) 'lfeat Jefferaon Avenue -S. Cherokee St. to alley East of Cherokee. It appears that this paving can drain West to S. cherokee and therefor no new storm drains will be needed. 10) 'lfeat Tuft• Avenue -s. Windermere St. East 300'~. Drainage can be tied into the Windermere Street Project. 2 , 4 COIISTll1JC'nOlf STJUJ!i A. B. C. D. E. F . G. Attend Pre-Construction Conference for each project. Storm Drainage: l) Piping -Stake line and grade on 25 ft. intervals. 2) Manholes and Inlets -Stake line and grade. curb and Gutter and curb Returns -Stake line and grade on 25 ft stations in curves and 50 ft stations in tangents. Mark finish grade and provide cut sheets. Handicap Ramps, curb Depressions and Block Outs -Place one stake on line only. Asphalt Paving -Set bluetops on centerline of road at 25 ft stations on curves and 50 ft stations in tangents. Concrete Paving -Set grade stakes on 25 ft. stations, two (2) lines of stakes. PROCEDURES FOR CONSTRUCTION SURVEYING: l. Calculate coordinates for all itema to be ataked. 2 . Calculate grades for all itema to be staked. ,,, - • • 0 , - • • • 6' - • e. ·~ • .... 3 . Plot all items to be staked on the same scale as the original drawings. 4. Check plot• for accuracy of layout. 5 . Download all data from COIIIPUter to data collector for uae by the field crews. 6 . Make copies of all field notes, on a daily basis, and bave them checked by office personnel . 2.5 am UXUI A. a. NOTE: Provide Quantity Takeoffs for proposed improvements. Review contract Documents and Specifications. It is uaumed that the City will prepare the Contract Documents and Specifications . ' ~ • . .. • • 0 f __ I - ,. • • • <. BXB.IBIT •s• IDIGDISPTWJ AIID suavat:rw ssrn:as cm ow wm:--,nn STRBft P.I.VTWJ DXSff%C'l' IIO. 38, 1998 m l£IIP"LI -,11 sc;on or uurcv ITP11; 2.0 ....UCJI 2.1 suavat:rw 2. 2 SftDT DD:IGIII n.&a 2.3 8'1'0D t'JIIDDAP 2 • 4 U.WS ilWC'l':ICIII mnw, 2.s a:ID ..acsas -----~ r $2,400.00 $14,140.00 $22,HO.OO $4,540.00 $10,IH.OO ,a.200.00 $57,520.00 ' ' • • • 0 l • - • . ' 77ll .af HMOPOEN ~ SUIT'E 250 £! IGI.DIOOD. CCI.OIW)O 90 1 1 0 ""'-oNE: (:IOJ) 781-5142 F"AII: (llll) 711-514J • ,,,_ • /4 • ... A ACEC ?DSOJIDIEL SERVICES : • DIGDIED.ING U.TE/llOtJJt PRINCIPAL-------.................................. $70-00 PROJECT MANAGER .................................... 6 0 . 0 0 PROJECT ENGINEER ................................... SO. 00 ENGINEER._ ......................................... 45. 00 TEC:"1NICIAN ............ -............................ .: 11. 00 DRAFTSPERSON. -..................................... 3~ -00 • StJJtVEYDIG 3 PERSON SURVEY CREW ............................... 85-00 2 PERSON SURVEY CREW .............................. -70. 00 SURVEY MANAGER ..................................... 6 0 . 0 0 SURVEY PARTY C'nIEF ................................. 45. 00 TECHNICIAN ----..................................... 40. CC S"'uRVEY VEHICLE. {PER DAY) ........................... 25.00 • SPECIAL COURT TESTIMONY ................................. $600/DAY TECHNICAL TYPIST (REPORTS,SPECIFICATIONS,ETC.) .. $30/HOUR DELIVERIES (IN-HOUSE SER.VICE) ................... $25/HOUR DELIVERIES (BY OUTSIDE SER.VICE) ............. ACTUAL COST :-0.VEL f& TltAHSPOJlTATIOlf UPDSES TRAVEL EXPENSES, LODGING AND SUBSISTENCE ..... .ACTUAL COST AUTO OR TRUCK ................................. $0.35/MILE EQUIPMENT RENTAL ............................. ACTUAL COST UCDIBOUABLK COSTS LONG DISTANCE TELEPHONE & POSTAGE ............ ACTUAL COST FILING FV..ES AND PERMITS ...................... ACTUAL COST PRINTS, REPRODUCTIONS f& MAP COSTS. (OUTSIDE) .. ACTUAL COST BLUELINE PRINTS (IN-HOUSE) .................... $1.50/EACH MYLARS AND COMPUTER. PLOTS (IN-HOOSE) ......... $10.00/EACH )tJTSIDB COIISUL'DIITS All outside consultants will be charged at actual cost plus ten percent. ?ADIEIIT SCHEDULE Fees and all other charges will be billed monthly .. the work pr09resses and the amount of each billing shall be due and payable ten days after the date of such billing. Any portion of a billing not paid wit.hin thirty days of the billing date shall be considered delinquent and sh&ll bear a delinquency charge of one " one-half percent per month on the unpaid balance (annual percentage rate eighteen percent>. All fees are subject to reasonable escalation as required to offset. inflationary increases in our cost of doing business. • . .. • • 0 I - , • ·, Date July 21, 1997 INITIATED BY • • • <. ... COUNCIL COIIIIUNICATION 10 C 11 STAFF SOURCE Sublect Award contract for environmental survey of Mercantile/Joslins Building Department of Public Works Rick Kahm, Acting Diractor of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 75, Series 1997, appropriated funds for costs 881IOCiated with Cinderella City Site costs. RECOlalENDED ACTION S111 •on-•aauna1 ...a. a. mallDn. • •h1 maMI 8111WYcanai:I In .. .....,. a, 17.IIO II) ATC Aleo I 7 I Inc. fora ....... ....._ ... ,_,,_.palnt__,al .. ..._ ... Jollna Bulding. BACKGROUND, ANALY818, AND ALTl!RNATIVD Wii W Englewood and Mercantile have a Right of Enlry agi..,... allowing the City to perform an enviro!IINl1lal surwy of the Mercantile Joslin& Building. ATC ANocialN..,. l'lllained a enwo111•1ta1 c:onau1tan1a tor Equable and ara familiar with the environmental concema of the Cinder9lla City sila. The City, wllh the COl1CUl19nCe of Equitable, requested a proposal from ATC for lhil ~lliva ubalm and '-:I paint eurwy . Our Right of Entry agreement expir9a on Augull 31, 1997. ATC can perform wilhin lhil lime frame. Costs quoted are reasonable and in line with olhar environmental wortt the City has ordered. Adequate funds are available within the appopiiatad budget ( account t 05-10) . UST OF ATTACHIIENTII . ' • • Propoeal and Contract Form o -------·----~ ' ,_ --• - • • • . . • DATE: July 9, 1997 PROPOSAL: Comprehensive Asbestos, Lead Based Paint and PCB Containing Light 8allut Survey TO: Proposal Number DN970707 Mr. Rick Kabm ...... ins Manager Department of Public Works City ofEnglewood 3400 South E1ati Street Englewood, Colorado 80110 PROJECT: The Joslins Building, Cinderella City Englewood, Colorado DESCRIP110N: ATC Associates Inc . is pleued to conduct a Comprehensive Albestos Lead 8ued Paint and PCB c:ontainins tight ballut aaney at the above , efeaenced location for the City ofEnalewood. ATC will perform lel'Vices conlilteat with all applicable r«9alarions and CUltOlllary pnctic:e, utilmng pnenlly accepted ubestoa and lead bued paint practicea and procedurea and following protocol set forth in Colorado Air Quality Control Comnmion Regulation # 8, Section V u it applies to ubeatos. Specificllly, the scope of work will entail : A. CPMlBPJPISIVJ ASBESTOS AND LEAD BASED PAINT SURVEY Review buildina plans and applicable documaalion to determine evidence of ubestos- con«li11i• lllalerials (ACM), lead bued paint, and Pakonlainins lipt balluts. 8 . Swwy the buildins to locaae llllpeded ubeltos-contain material, lead bued paint, 111d POkontaiaias light balluts not identified in buildina records . C. Review records of previous ubestos and lead bued paint ump1ina or removal conducted in the building to determine the need for additional samplina . D. Collect amplel ,ep..,..w of -,.ct lllll8WI falowms EPA procedures. Al inlpecton will be ICCOlllplllied by the buildina oww'1 , • ...._..., unlea odlSwile 5031 S . Ulster S1 , S1e 100 • o.n-. CO I0237·2IOI • 131131 713-1131 FAX tlll317Q.QIIII .. .. • • 0 0 TAIIC'ASSOCIAJES INC. Propoal Number: DN970707 pqe2 or4 .. • . ,~ • specified . All asbestos samples will be analyzed by Polarized Light Microscopy in ATC's NVLAP Accredited Laboratory (#102031). All lead based paint samples will be analyzed by Flame AA, EPA Method SW84617020 . CQSJ SCHEDULE CoaprellwiYe A...._ Sarvey TIie Joslial Baildiat UNITCOST SSS .00/hour • • SUBTOTAL S 1,760 .00 S 880 .00 S 1,440 .00 S 1,800 .00 S S60 .00 S l 2SO .OO ** Not To Exceed Cost: $7,690.00 • ATC's Represenwive(s) will survey and document the location of PCB containing light balluts throughout the Joslins Building. •• The above referenced not to Exceed cost is hued upon known circumstances. Ally additional inspector time or sample analysis will be approved in writing by the City Of Englewood prior to initiation and will be invoiced at the above referenced unit costs. It is estimated that ATC representative(s) will collect approximately 120 suspect ubestos containing material bulk samples and 90 lad hued paint samples . In addition, we will conduct a PCB containing light BaUut survey throughout the facility . The services descnbed above will take approximately five (S) days for field and laboratory services and two (2) weeks for report preparation . Total cost for services including labor, analytical services, travel , final repon preparation and delivery of one copy of the final repon is estimated at $7,690 .00 . AU inquiries will be held u confidential information . ATC Aslociates Inc . will not in any manner advertise or publicize the fact that we have been contnlCted to supply materials or services relating to the project without first obtaining written COlllelll of the City ofEnglewood . . ---- .. • • 0 0 Pnp11al N .. ber: DN'70707 paae3ol4 •, ,, • • • We appreci11e the opponuaity to provide you with this proposal and look forward to working widl you on this project. Pleue comact me if you haw Ill)' quatiom or comments ....... this IIJbmittal Sincerely, ATC Allociltel Inc . .. 0 ' ' .. • . • • 0 I ,.. ... ~ I - • Pnpoaal Number: DN970707 ...... ., .. ,, • .. • • Paymcpt Terms : ATC Associlla will submil ~ ilMliGel to diem momhly together with any l'CIIDllblc llillPllrliDa documcnlll•ion requellieCI by ct. al a fiaal ilMlicc 1IPClll ocw,.eticJD al 1e1Viccs, Each inwicc, upon pnlClllalion ii due and payable by c:ticaL IIMlica are ... clue after 30 days. Past due .-DIS arc subject to a cllarlC on die O!IIJIJ!nding balaDce o( die lcaer al one and onc-balf pcn:mr per IIIOllth or put tbcreaf ( 18 pcn:cnl per-> or die im.vim11m pcrmiaiblc by law. Tllil Ap,cmcnt ii made by • 1 cpll cc below al die Coatrac:t Doc:uPDrlMI illcluding Prapcml No, DN970707 this aua clay al July, 1997 by and ._ City al Eapwaod, ("Clicat") al 3400 South Elali Slrect, ia Denver, Colando and ATC Auoc:ia1e1 Ille. ol'Dcnver, Colando. Clicar and ATC Aax:illlCI AGREE• follows: l . CONmACT DOCUMENl'S • "CW Dae Ms" -this doauncm die 1ERMS AND CONDmONS, ud aay pnipoall. fie __... and odlcr doc!l!DCDU lilfed below under PROFESSIONAL SERVICES. 2.. PROFESSIONAL SERVICES • ATC Aerieecs will provide prafcssiona1 ICrvic:cs ('"Scrvic:cs") for the Client• indicaled ia Prapmal No. DN970707 daed die aiJO clay al July, 1997, and ocher doa•mcnrs as •m-.ed therein, wllicb are iaco.jiOl-.t by nmcacc llen:in. J . DESIGNAlED REPRESENTATIVES· Tbc panics desiplled die fDllowiq nuned individuals as their ll!d!orized !Cplc:wwwllltiYcs ID pn,vidc appnMls. clinc:tiws, and pcnaillions. illcluding cllup, as to receive llOliccs OI' odlcr co-mt , · ...,. Ulldcr dPis ...-• die following addrcsics : ATC ASSOCIA'IES INC . Name : Glgp A, Hillp Addlca: 5031 Souda JJ1M SUM, Spile 100 Dpwer, Colqgdp 80237 Pbonc : (303)793-9939 O.IENT: Name: Addlca: _________ _ Pbonc : YOO SIGNATUU INDICATES ACCEPTANCE or 11IE PROPOSAL unDNCED AaOVE. 11IE CONDACT DOCUMENTS AND 11IE TERMS AND CONDfflONS UNLISS UPIIESSLY MODIFIED INWmnNG. ACCJPTIPIY; ATC ASSOCIATES INC By : By : SICftD D. Kitzkc Tdlc: Bnncll MIBIE Tide: 0.: lllb: 9, 1997 0.: -Tllil COllllld lllllll be siped by a priDcipal al tbc COlllplDY or afflccr al tbc c:oq1111lliall audPoriml ID CICCUIC COllllldl OIi bclPalf o( tbc c:ticaL ' ' .. ., • • 0 0 I - - • . .. • "' .. • CC>WICIL. CC-NCA110N Dllla July 21, 1997 C 111 NTIATEDBY Department of Public Woflal Reeolution No. 75, Series 1997, appniprialed fundl for Cinderella City Sile com. MCOIIIIENDED ACTION --..... -.-. ........... _." ........ 00 ... - .... I 7 ollW .......... 7111111dllllllffQ* ACllf. ...... UCKGIIOUND, ANAL.Ya, AND ALTalATND WIS L Thia property, owned by JoNphiie Selbe n F-* Collnan, la adjlcent lo .. ClndlNlla Cly .... 811111 lllqUN1ed lhil MAI appralaal for poNllle Mf!llllillDi• Mgaldlng 1111q1illllal'I d 1111 pniperty. Adequate fundl.,. avallllble wilt*' tlle llPPIQPfllllld budgll (account• 05-10). UIT OF ATTAClaNTII •. .. • • 0 - • • • " - . , . • DODD. July DD. YYYY 02:48:30 PM ARIES COMPASS GROUP. INC Pagelat2, July 15. 1997 R.. A Kahm. Eqiaeerina Manaaer City of Englewood 3400 Saudi Elm Sll'eel Eqlewood. Colando 80110 RE : Selby Vacam Lmd -5 Aaes :'.llanb Side Of Cinderella City SC Englewood, Colando Dear R.. A. Kahm : 14304 1:-.J ~-.A..... .A,_, CJ..-/. 80014 :J./.,.1... (303) 779-59~9 Q.. 766-5377 ~ (303) 69~-6468 Q.. 766-5377 Fu To 719 1115. Tele~o 7'22503 Parcbae Oner No: ------ The Aries Compau Group. Inc. is available to provide a :MAI appraisal far tbe subject propeny. This letter sell fonb tbe c:aa1net terms. scape of an ,Pi.,...... lime &mm. tbe fw quGle ad mllbod of payment. It is ap-essly uodalllOOd by badl pania. tbe scape aftbe appniul mi.,_. doa Mt illclude a cooderrmatioa appraisal repan ad tbe appraiser does DIX..._ to pve ~ er 4PPW' in court ualess a sepanre fmure COdl1ICl is aa,eed upoa in writiq. The &ppnisal repan will abo be doae in caabmance with ad subject to all rules ad rqulatioas of tbe Appraisal Institute . An aripw Uld \WO copies aftbe narrative repan will be~ to yalll' mention. Additioaal copies at a reuoaable price will be made available upClll wriam requat.. The performmce period with reprd to tbe repan -=a beams upoa receipt af tbe aec:uted capy af tbe acknowledsmem comnct, usiped purcbue order number ud raainer. Appraisal of tbe "fee simple,. U tbouab V&ealll lmd with DO coasidef4liao of eJIUliaa Ide improvemmlS (paviq. box c:u1vert. fmciq. .. CIC) DCll'tbe aisliq lmd lew 0-is Equiteble) is a $2.500.00 appraisal fee. The appraisal aftbe aisliq impn,.rema111 ad c:rmideratim aftbe land leuc comnct RIil in relatiao to 1D111kcc RIil is an Sl.000.00 &ddit&oaal appraisal fee .. Coalr&Ct RIil may be 41 marbt er above er below cumm lUld lease RIil levels. If c:amnct RIil is below IDlllkcc rail, Leuebold Value (value of a leuebold imerest) is tbe presem (discouared) 'IIIOr1b af the real savinp. The lessee 's imerest wauld be tbe mark.et value of the propeny leu tbe value af tbe lessor 's imerest. If CCllllnCt RIil is above marbt rail, tbe lessor's imerest would be tbe marbt value oftbe property plus the presait (disc:ouared) WW'tb aftbe above mark.et real. The subject property, total appraisal fee. fflaUler payment. beaimiina of appniul ,.;..,...... md c:ampletioa d&le are u follows : Subic Pmemx &c CIYIPllrrim Selby V acam Lmd SJ.500.00 Noae Coa1r1et Sipiq July 30. 1997 ---. .. • • 0 L-J • I 0 ·o 0 . ·p ~r J ~,,r JP!( nr jUf UHlfJi Ujlf i)i ii i~ c.. C '< 0 p j ! t ltit 1ft, If I Uil iHdjt Utii f ;J if t = N ~ ID w ~ ~ lt ;111 .. •t 11 ~1 tf 1 1 11-,. p 1 . = l ~ ~ i! 11 ufl h rh1 iJJht, ii Ui it! i ~ , . JI r l t• r,. 't I , a tt . i• 1 a t I m en lt !Ir tJ 111 1 •1 trfi · ~111 1 1' · n C ~ I .. t, t -.,. 11 t .. · -a.; 'u't. -; 1 t tJ a. i r • • ::I 2 -:... ~ 1 . . ~ en rL u·1 Ii l'"' l'P'"ft 1~•· •a 8 ~ C) %1 C C: .ta . · 1, 11 w -r: r i -:ii " Ji a•f · L •I i!t [1ff t • rJ fl la r ~ z n ~ '" r f • r '"l r f 1 l if I l r. J i r i ni llt ·i 1th Jw1,~1 !lU '• t f 1 ·r f 11) L itr ,,lr]H ,1 'I It ! .,,_ 't l It is · f 1 f ) h~~ • 1 r 1 r 11-[1 ! t 1 ,r ~l11 ~-t -r ,. r ,. ., l # ,. Ir 'tJ "' • ID I II N , ' a. , h N . ~ . . \. ., 0 • • • • • 0 I• • COUNCIL COMMUNICATION DATE: AGENDA ITEM: SUBJECT: July 21, 1997 City Council Meeting Award of CGlllnCt for Profeuioaal 11 C 1 Services for Nonh Englewood Planning INITIATED BY: STAFF SOURCE: Mark Graham, Neighborhood Neighborhood and Business Developmem Office Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 19, 1997 , Council imposed a moratorium on the issuance of building permits and business licensees in the study area until February 5, 1998 . Staff presented Nonh Englewood / General Iron Works Small Area Planning Program to Council on June 16 and to Planning and Zoning Commission on July 8. Fanomic Dnelopmeat: Englewood will be appropriately positioned to market obsolete Nonh Englewood industrial propenies after assessing environmemal, land use and other community issues resulting in job creation and revemie generation . Raidmtial Issues: Protect health, safety, welfare and property values of the community. Provide oppornmities to build commmity and to guide revitalization to achieve compatibility . RECOMMENDED ACTION; Slaff reoi...,.,....,, dllt Chy Council award, by motion. a professional services contract to Civilas, Inc. to assist staff in prepuina a Nonb F.nclewood /General Iron Works Small Area Plan. Staff has reviewed the qualifications and experience of the firm and finds them well suited to provide the required services . BACKGROUND, ANALYSIS. AND ALTERNADYU IDENTIFIED; Council provided eight months of moratorium on permits and licensing in Nonh Englewood for staff to study existing land uses and to identify oppornmities for revitalization and compati- ble community development . One outcome that is anticipated is that there will be land use recommendations that modify the Comprehensive Plan. Anodler possible action will be land rezoning . 111c usual process for rezoning takes about six months . For either effon to be com- plete by February 5, 1998 when the moratorium ends, initiation of a process must be underway in September 1997 . ··-. ,,, .. • • • 0 , • • ... ·, • ~. 2 By contracting with Civitas, staff and consultant would work jointly to complete the task dur- ing the next three moodls . Tbrcc months is an aggressive, but realistic, time frame using this conttactual assistance. Civitas is a local firm specializing in urban redevelopment that includes comiderable public participation. Civitas also provides substantial expcricncc with pedestrian scale development and specific cxpcrtisc with light rail ttansit and brownfield redevelopment. FINANCIAL IMPACT; Civitas can provide the high quality professional land planning services for North Englewood within the 90 day time frame available for the bid of $25,000. AJTACHMENTS; Proposal for Professional Services SUBMITl'ED BY; llEVIEWED BY; H~ICCCMTAICOll11UICT-DOC 111-. , • . .. .. • • • 0 '--·-· ]- ] ,. CIVITAS PROPOSAL FOR SEllVJCES Gcmnl lroaWOltm let • E:loti ....... SCUily Revised July 10, 1997 • • • Civita5 will assist the city of Englewood in prq,aration of a Small Are:l Plan for North Englewood for an an:a bounckl.l by Broadway, Floyd, Santi Fe, and Damnouth Stn:efs. The plan will be developed with dry 5Clff :and public n:view, and will address topics including land use, vehkul:ir circulation, pedestrian and bike routes, zoning revision recommendations, and development opportunities. In particular this :area includes sites that have been in induslrial use for long periods of time. which now merit review for pocential redevelopment. especially if a light rail station could be placed on the site. Civitas will prepare sice evaluations, faciliwion of community meetings. and the prepar.uion of concepts for the potential redevelopment of these industrial properties. The purpose of the industrial redevelopment dfon is to develop consensus in dry staff, elected officials , and community members on these four questions : • whether there is viable potential for redevelopment dial would ~1 an Rm light rail station to the site; • if such redevelopment could be mixed-use including l'C12iJ, grix.-ery, office, and higher densities of housing in a "Transit-Oriented-Development" (TOD); • if there is market demand for such redevelopment: • If there is strong community support for non-induslrial redevelopment of this rype . Civtt:as will assign Marie Johnson. Pnncipal. Dick Farley, Senior Archile(.1, and Renee Martinez-Stone. Planner. to the work. Olher support personal may participate from time to time for production purposes; however these lhree individuab will be commited to the project. In addition we will ask the :assist:ance of .Marl[ Imhoff of C:irter and Burgess . lr.lnsportation planner (formerly Rm Dncror of light Rail). and Ann Tankenley of the Leland Group to review our idas wuh the Cily in poup talionl. Thae OUUidc espercs will be used lO help arrive :at sa:uep: deusions wilhouc requirtn& ~ analysis of · their are:is of expertise . All elements of the work will be pclformed under the dlreaion of, and in dole colbbor:won With dry sc:aff; and ponlOIII of the * analysis and community involvement effort includina the loplia and nocifiation of public meecinp will be supplemented by city stalf. lll3 PP i . 97 • • 0 I I • • •• Our approach will be to :tltemate our cre:itive work wilh a series of Work Sessions that . include city stllf. !he above outside i=xpens, and ochers as appropriale. We will work closely with the city's project manager to refine our work on a weelcly basis, as we generate ideas for evaluation by the work session group. Our focus is llO( to solve the problem of redevelopment. hut instead to discover the potential and to demonstrate potential viability of a vision. Abo in parallel we will assist the city in seeking community support. We will do this by le:iding meetings. holding one-on-one meetings, and by sharing our idc:is and listening carefully to community issues . Lastly, we propose to join city stllf in meeting with policy-makers during the process to build interest and suppolt. AdYilory Go m nnee We suggest establishing an Advisory Committee for the project consisting of key citiZens, policy-makers, re:tl estate developers, and staff. This group would be a sounding board and advoc:lcy group to guide the work and to communicate it with others in their constituencies. Special aaention will be paid to the re:tl estate developer's inrerescs and expectations in the market to ensure that plans develop which build on their assumpuons of project viability, and which will retlin developer inierest in the sites. This wodt prtx."esS is our suggestion on how to achieve the objectives of !he study. We recognize that there could be new dcv\.-lopmena and new information a1ons the way that may require shifting direction. For this re:ison we anticipate a dose relationship to the city's project manager so that our progress can be monitOred and adjusted as often as needed. We further recognize the need for rapid progras in this effort and limited funding 1. Analysis • Gather existing information. photos, balemaps • Visit/photogr:lph site and context • Prepare studies that intetpret sira: char:aclmstics, limitations, and oppoitunities 2. Analysis Work Session • Group review • Dis<.-uss issues, poteruia! redcvelopmenl fnmeworb • Discuss principals and obje\.'tives for redevelopment • Involve Advisory Commillec at some poinl or shoftly alter wodt session 3. Options • Prepare ide:u for a wide ran,e of dell dopmeill opciocll • Wllltrlle 3-5 concepcs for review 1113 PP 7 .7.'11 "' - • I .. • • 0 I I ]- - • • • • ' .. 4. Options Work Session • Group review • Evaluate Viability of ,::ach 12nd use :ind the potential for RTD Slation • Consider go/no go decision re,prding Viability of the site for TOD based on expert opinions • Involve Advisory Committee at some point or shortly after work session 5. Public Meeting • Present options for public review 6. Alternatives • Ptepar1: two akemative concepa:al plans. This assumes that one will have a saong TOD emphasis, while the second will satisfy more current developer and tr:adilional market inlerestS. . 7. Public Meeting 8. Planning Board • Presenc plan to Planning Board for approval. 9. Final Graphics or Report • No final graphic package or report is included at this time. The needs and format should be evaluated depending on need at this time. Wark Nae l'lalded The following is a list of wont ilems nol included in this Scope ol Work. • Architectural models • Profession:u renderings • Traffic, civil, structural, electric:al, or mechanic:al engineering services • Geotechnical or soil fertility cesting • Surveys • Revisions to previously-approved ,b.-uments • Out-of-town crave! Expenses will be billed sepanrely at c."Oll plus a ien (10) percent fee for adminilUalion. Normal reimbursable cspenses include prinrin& ton,-dillance telep~. delivery services, and phoco reproduction. Prlnlina ol bid doc:wDenls ii not lnduded. un PP 1 .1!11 ,,_ . ' . .. • • 0 r .,~ I ]- • • • • · .... • Plupoeed ... Proposed fees are indicaled on !be :uacbed spreadabcet. ...... Principal Senior Architect Designer Technical Draftsman Clerical .... S100/hour S85/hour S6S/hour S50/hour $40/hour S2S/hour Fees will be invoiced hourly . ..,_. .. Payment is due wilbin thirty days of receipt ol approved ilm*:el . 111' PP 7.7!17 . ' • . ,· .. • • 0 ; , I ]- ,, • General Ironworks Radevelopment Studies Civicu, Inc. '. • • • Clvtla ltd Ho1N'a IIJ DI' ... 1 Analyu a a a Galher info a 4 18 Vilit/plloto site a 4 4 Sketch studies a 24 18 2 Analyela Work INaion 4 8 4 AIMltary CommitlN 4 4 0 3 Opllolw 4 80 40 4 Opllone Work leelloll 4 I 4 AIMltary CommitlN 4 4 a S l'IMc:IINllng 4 4 4 I .......,.,.. 4 20 50 71'1Mc:IINllng 4 4 4 I Plannint Collllll/Clty Council I I a 9 PIMI ClrapNce or Report 0 a a Wllallll Houri 40 150 1"2 Haurty Ra. 100 115 50 Wllallll Ciwtla Fee 4000 12750 7100 AeinDnallle e..- :ralal Pnp111I l'el 111d ..,.._ 1113 FEEl 7.7.97 Tola! HolN'a a 20 8 40 18 8 104 11 I 12 74 12 14 a 332 23IIIO 1150 25000 Thia contract is not ID eXCNd S25, 000 wlltlout wrtlllln .,,. ldnlll et • I • . • • 0 , __ I -• . .. · .... • : ... ,. A 11810W'ftON' ll'UlllolalNU '11111 IALAII!' 111111 ma 11ac1111--z Oi'IT MANAGER. r 12 bf WHEBEAS, tbe Bapwood City ComlCil appailltild an iD1mim City ....... an .July 7, 1997; and WHEREAS, tbe City ComlCil, by Sectian '9 attbe .,.__. 8-Bale Cbarta-, bu tbe rNJIIIUibility at appointin, and Ntal>tiuing companaation at the City Manapr; NOW, TIIDBPOU, BB IT RBSOLVBD BY THE CITY COUNCIL OP TBB CITY OP ENGLEWOOD, COLORADO, THAT: 8edion t 'l1le Nlu7 far tbe City ......... ccnmecing .July 7, 1917, ia banbJ eetabti ...... at S87,800. Sacb nlll lball _._...while·-City ........ ia appoint-I ADOPl'ED AND APPROVED tllia 21at day at .July, 1997. ATTEST: Loacriabia A. Ellia, City Clerk I, Louc:riabia A. Bllia, City Clark far tile City at........,_, Calando, __, catifJ the above ia a true capJ atBaalutima No. _. S... at 191'1. . , • • • 0 - - IIIIOLUTION' MO. '11.. SERIFS OF 1997 • • • A DIOUJ'l'ION arer 1 18 '9IJ ---MUJIW flallt fllB IIUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 1997. 12 b 11 WHBBBAS, the City Couaci1, by Sec:tian 88 oftbe ....,.__. Bame Rule Charts, bu the rNpCID8ibility of eatabJiwbing N1ariee for the Municipal Judp; NOW, 'l'HBllBFOU:, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1 'lbe annual ulary for tbe Municipal Court Judp ia hereby eataNiebed for tbe c:a1endar ,-r 1997, .......,..;Ill January 1, 1997 at *88,229. ADOPTED AND APPROVED dlia 21.t day of July, 1997. ATTEST : Loucriabia A. Ellia, City Ci.t I, Loacriabia A. Ellia, City Ciak far the City of ......... Colando, __, caiifJ the abaft ia a tz,a capy of a...,lvtioa No.__. S... of 1197. • • • 0 J - • • • " - ,. ~ . • ,. • / .. 12 b 111 RaOLUTION NO.m SERIES OF 1997 A ltaOIDl'ION aB'l'AIIU8IIDfO 'l'Ba ANNUAL IW.An' ,OS 'l'Ba Cll'I' ATl'ORNEY POR THE CALENDAR YEAR 1997. WHBREAS, tbe City Coancil, by Sectian 8' oftbe Bnp,wood 8-Buie Cbartar, baa tbe l"NpOll8ibility of appointing and eetaNiabing compenutiaa of tbe City A&tiamey; NOW, THEREPORE, BE IT RESOLVED BY THE Cl'l'Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectkm 1 The annual M1ary for tbe City MtlarneJ for tbe calaadar ,-r 1997, eommencing J1111uary 1, 1997, ia bareby eetaN;..,_, at $1'7,000. ADOPTED AND APPROVED dua 21at clay of July, 1997. ,,__ J. Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loacriabia A. BIJia, City Clldt • tbe City of......_., Colando, bseby catif., tbe .._. ia • tnaa capJ of 8-ohdirm No. -a... of 118'7 . . , • . .. • • 0 • 0 - -~r-;--~~ ------ ' • ..... . . . •· ' • 0 • 0 • ' , . ' --- • I· • C ' ,. -• 0 • ' . . .. •. . . . • • • 0 , • . ' 0 - • • •· • 0 , .,. -• ]- 0 ,~ • . . . I· • 0 • 0 I • • £_ - • • ,- . . . .. I. . 0 • • . • • • •· • 0 ' - 1. 2. 3. • • ·, • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 21, 1997 7:30 P.M. Call to order. Q ."3~ ~ . - Invocation. if wr Pledge of Allegiance. ~ 4. RollCall. '7~ 5. Minutes. ~7~ Minutes from the Regular City Council meeting of July 7, 1997. /A)~ 6. Scheduled Visito';";. q>lease limit talion to ten minutes.) a. ~. ~r , be present to provide a project update and answer any questions from Council on Cinderella City redevelopment. ~-~~..it'"&'.'~~~~ 8 . Communications, Proclamations, and Appoilltl,ienls. . dftl?-o• -i/1Z:::-.frJ:!o·~-~ ·~- 10. Consent Agenda . a . Approval of Ordinances on First Reading . i. Council • 73 -Recommendation from the Department of Financial ~ J 7 {) Services to adopt a bill for an ordinance amending the Englewood Municipal -r f t( Code to clarify the City's position on the accrual of interest on taxes paid to the City in error. STAff ~ Gryglewlcz, Director of Flnanclal SentcN. U> v~ PINN nole: If you hn9 a dlnblllly and nwl auxlllary aide or wvloN, ....... nollfy a. ca, ol .......,001 (712-2405) at ..... 41 houra In advance ol when _... .. nNded. 1-* you. ' .. • • 0 • • - • • • • - <. City Council Agenda July 21, 1997 apj?o U~ IY-i~1J Page2 b . Approval of Ordinances on Second Reading. Council Bill 57, approving an Intergovernmental Agreement with Arapahoe .../ County to conduct the November 4 , 1997 election . _.,Jt. _ ii :"' Council Bill 58, approving a license agreement with US West to cross City Ci'~ Ditch with telecommunications cable in conduit. .lJ~ ... J (!IP~ I Ill . . J/f.o • V !flP~ IV. tyJ!51V . v Council Bill 59, approving Southgate Supplement #132. Council Bill 60, approving Southgate Supplement #133. Council Bill 61, approving a license agreement with Brian Greenley for crossing the City Ditch . ouf J ~ vi. v Council Bill 62, approving an Intergovernmental Agreement with the U.S . (#.) Environmental Protection Agency for Brownfields grant funding . . J)l / vii . .--Council Bill 63, placing a question on the November 4 , 1997 ballot to decide ~ If if the City should keep revenues that pay for the services provided to citizens without raising existing taxes or adding new taxes. ~ll~ , viii.., Council Bill 64, placing a question on the November 4, 1997 ballot of (JI" '1 .,_ Englewood's registered electors of Paving District 38 regarding issuance of debt for improvements to the district's streets . . Jt 3 ix.'-Council Bill 65, placing a question on the November 4, 1997 ballot amending /J V" ~ the City Charter to allow the City to pay off the last fifth of outstanding special improvement district bonds if that is a financially sound decision. rJ ~x. , Council Bill 66, placing a question on the November 4, 1997 ballot requesting issuance of debt for improvements to the City's water system . . ,; xi I Council Bill 68, placing a question on the November 4 , 1997 ballot regarding {flft ·( /)5' · Section 32 of the Englewood Home Rule Charter regarding Powers 'Y Expressly Withheld from Council . . . Resolutions and ~d'J.J)fl'vw.tfuli (! --/ J i / 'f-/ / ! C. i. Recommen~ from the -Departmef of Public Works to approve, by motion, a contract for engineering, surveying, and design of Paving District No. 38. Staff recommends awarding the bid to the lowest qualified bidder, ADG Engineering, Inc., in the amount of $57,520. STAFF SOURCE: Rick Kahm, Acting Director of Public Works. ii. Recommendation from the Department of Public Works to approve, by motion, a contract for the environmental survey of the Mercantlle/Josllns building. Staff recommends awarding the contract to ATC Associates, Inc. in the amount of $7,690. STAFF SOURCE: Rick Kahm, Acting Dl1'9Ctor of Public Works. PINN nole: •you.._ a dlNblllly and IINd auxllary alda or wvlaN, pleMe nollfy the Cly at ll:gllim.- (712-2405) at INat 41 houra In advance at wt.I NrvloN .. nNdecl. ThMk you. ------....-. .. •· • 0 f -• - • • • • • ,, City Council Agenda July 21, 1997 Pagel iii. Recommendation from the Department of Public Works to approve, by motion, a proposal for an appraisal of the Selbe property, located north of Cinderella City . Staff recommends awarding the bid to Aries Compass Group, Inc., in the amount of $3,500. STAFF SOURCE: Rick Kahm, Acting Director of Public Works. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. tJpfd?--0 Recommendation from the Office of Neighborhood and Business Development to award, by motion, a contract for professional planning services for North Englewood. Staff recommends awarding the bid to Civitas, Inc. in the amount of $25,000. ST~~raham, Neighborhood Community Coordinator. _ V • (} f . _ 12. General Discussion. a . Mayor's Choice . , ..... nota: If you,.,,.. dlublltJ wl ..... ....., ... a, ............. nolfy .. Cllyol 11 ... •ood (712-2405) at INat 41 hours In advanoe ol wllen Nl'vloN .. IINCled. T'-* ,au. "' - ·- ... •· • 0 r - ] • • • • (. ,. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I . Call to Order Rqular Saaion July 21, 1997 1be regular meeting of lhe Englewood Cily Council was called 10 order by Mayor Bums al 7 :35 p.m . 2 . Invocation 1be invocation was given by Council Member Wiggins. 3. Pledge of Allegiance 1be Pledge of Allegiance was led by Mayor Burns. 4 . Roll Call Pn:scnl: Council Members Nabholz, Clapp. Wiggins. Habenichl, Vonnitlag, Waggoner. Bums Absent : A quorum was present. Also present None: lmcrim Cily Manager Esterly City Allornc:y Brotzman City Clerk Ellis Neighborhood Community Coordinator Gmham S. Mi.ta (a) COUNCIL M!MIER WIGGINS MOVED, AND IT WAS SECONDED, TO APPIIOVE THE MINUTES Of THE UCUI.AR MEETING OF JULY 7, 1'97. Ayes : <:ouncil Mcmben Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . 6 . Sclleduled Visiton (a) John Loss, of Miller Dc:vclopmc111 . pn:scntcd a project updalc and answered Council · s quesaions on the Cinderella Cily redevelopment. 7. Noe«lleduled Visiton (a) Norman Man:otte 8 . (a) A proclamation declaring AuguSI 5. 1997 as Na1ional Night Out was considered. .. ' . . ' ' .. • .i • ,_ . , • 0 I Englewood City Council July 21, 1997 Pagel .. • • • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM TUESDAY, AUGUST 5, 1997 AS NATIONAL NIGHT OUT. Ayes : Council Members Nabholz. Vonninag. Wiggins. Habenichl. Waggoner. Clapp. Bums Nays: None Motion carried. 9 . Public Hearing No public hearing was scheduled before Council. 10. Conaent Agenda (a) Approval on Ordinances on First Reading COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM Ill (a) (i) ON FIRST READING . (i) COUNCIL BILL NO . 73 . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AMENDING TITLE 4 . CHAPTER 4 . SECTION IO . SUBSECTION I , PARAGRAPH C . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . Vote rault1: Ayes : Council Members Nabholz. Vonninag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IO (II) (I), (ii), (iii), (Iv), M, (vi), (,'ii), (viii), (ill), (ll) ucl (lli) ON SECOND READING. (i) ORDINANCE NO . 55 . SERIES Of 1'>97 (COUNCIL BILL NO. 57 . INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11{E ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND TIIE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4 . 1997 . (ii) ORDINANC E NO . S6. SERIES OF 1997 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER VORMITTAG) AN ORDINANCE AU11«>RIZING A LICENSE AGREEMENT TO CROSS TIIE CITY DITCH WITil A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN TilE U.S . WEST COMMUNICATIONS. IN C . (U.S WEST) AND TIIE CITY OF ENGLEWOOD. COLORADO. ' . . .. • • 0 , I ]- Englewood City Council July 21, 1997 ··~3 ·, .. • ,.. • • (iii) ORDINANCE NO . 57, SERIES OF 1997 (COUNCIL BILL NO. 59 . INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE APPROVING SUPPLEMENT NO . 132 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD. COLORAOO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (iv) ORDINANCE NO . 58, SERIES OF 1997 (COUNCIL BILL NO. 60. INTRODUCED BY COUNCIL MEMBER VORMITI AG) AN ORDINANCE APPROVING SUPPLEMENT NO. 133 TO THE SOU11iGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT Wlllf THE CITY OF ENGLEWOOD. COLORADO FOR THE INCLUSION OF LAND WITiflN TifE DISTRICT BOUNDARIES. (v) ORDINANCE NO . 59 . SERIES OF 1997 (COUNCIL BILL NO . 61. INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT -GREENLEY ENTERPRISES. INC. (MAACO AUTO PAINTING AND BODYWORK'S) AND THE CITY OF ENGLEWOOD. COLORADO FOR A 3' WIDE CONCRETE PAN CROSSING OVER TifE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR TifE CITY DITCH . (vi) ORDINANCE NO . 60. SERIES OF 1997 (COUNCIL BILL NO. 62. INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE AUTiiORIZING ACCEPTANCE OF A $200.000 GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) UNDER TifE BROWNFIELD PILOT PROGRAM. (vii) ORDINANCE NO . 61 . SERIES OF l'J'J7 (COUN C IL BILL NO <,J . INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE SUBMITIING TO A VOTE OF TifE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALI.OT ISSUE FOR THE PURPOSE. AUTifORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD. COLORAOO. (viii) ORDINANCE NO . 62 . SERIES OF 1997 (COUNCIL BILL NO . 64. INTRODUCED BY COUNCIL MEMBER VORMITT AG) AN ORDINANCE SUBMITIJNG TO A VOTE OF TifE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WlllflN OR RESIDENTS OF PAVING DISTRICT NO. JS OF TifE CITY OF ENGLEWOOD AT TifE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTifORIZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS. (ix) ORDINANCE NO . 63. SERIES OF 1997 (COUNCIL BILL NO. 65. INTRODUCED BY COUNCIL MEMBER VORMITIAG) ,,_ • I • . • • 0 • - - • • • .. • Ea&tewood City Council Jaly 21, 1997 Pa,:e 4 AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION 108 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS • SPECIAL SURPLUS AND DEFICIENCY FUND FOR THE CITY OF ENGLEWOOD. COLORADO. (x) ORDINANCE NO . 64. SERJES OF 1997 (COUNCIL BILL NO . 66 . INTRODUCED BY COUNCIL MEMBER VORMITIAG) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTIIORJZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY 'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES . (xi) ORDINANCE NO. 6S . SERIES OF 1997 (COUNCIL BILL NO . 68 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD. COLORADO REGARDING POWERS EXPRESSLY Wl'CHHELD FROM COUNCIL . Ayes : Council Members Nabholz.. Vormiuag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None (c) Resolutions and Motions COUNCIL MEM8ER VORMflTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii) IIINl(iii). (i) CONTRACT WITH ADG ENGINEERING. INC . IN THE AMOUNT OF SS7 ,S20 FOR ENGINEERING . SURVEYING , AND DESIGN OF PAVING DISTRICT NO . 18 . (ii) CONTRACT WITH ATC ASSOCIATES. INC. IN rnE AMOUNT OF $7 ,690 FOR THE ENVIRONMENTAL SURVEY OF THE MERCANTILE/JOSLINS BUILDING . (iii) CONTRACT WITH ARIES COMPASS GROUP . INC . IN THE AMOUNT OF SJ .500 FOR AN APPRAISAL OF THE SELBE PROPERTY . LOCATED NORTH OF CINDERELLA CITY . Voeeraalts: Ayes : Nays : Motion carried . Council Members Nabbolz. Vonniuag, Wiggins, Habcnicha, Waggoner, Clapp. Bums None ,, - ' . . ' .. . .. • • 0 Ea&ln'ood City Council July 21, 1997 Par:c5 11. Replar Ar:cnda • • · .. • (a) Approval of Ordinances on Fina Reading t" ... There were no additional items submitted for approval on fina reading. (Sec Agenda Item 10 -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent Agenda.) c) Resolutions and Motions (i) Marlt Graham presented a recommendation from the Office of Neighborhood and Business Development to award. by motion. a conlract to Civitas. Inc. in lhe amounl ofS2S.OOO for professional planning services for Nonh Englewood. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH CIVIT AS, INC. IN TH[ AMOUNT Of S2!1,INNI FOR PROFESSIONAL PLANNING SERVICES FOR NORTH ENGLEWOOD. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenichl . Waggo11er. Clapp. Bums Nays: None Motion carried. 12 . Geaenl Ditnllioa (a) Mayor's Choice I . Mayor Bums 2. Mayor Bums 3 . Mayor Bums 4 . Mayor Bums S. Mayor Bums (b) Council Member's Choice (i) Council Member Nabholl.: I. She 2. A raolution setting the salary for the lnaerim Cit)' Manager at $17.600 -• consadfflld. !Note : This was lis&ed as Item 12 (b) (i) on lhe Atcncla.l TIie raolution was assigned a number a nd read by title: ~- • t ' • ' .. ,; • • 0 ]- • Eqlewood City CCN1ncil Jtdy 21, 1997 ... , · ... (, RESOLUTION NO . 77 , SERIES OF 1997 • • • .. A RESOLUTION ESTABLISHING 11iE SALARY FOR 11iE INTERIM CITY MANAGER . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 77, SERIES OF 1997. Ayes : Council Members Nabholz. Vonni11ag. Wiggins. Habcnichl. Waggoner. Clapp, Bums Nays : None Motion carried. 3. A resolution setting the salary for the Municipal Judge at $83.229 was considcrcd. INolc : This wu li•cd as Item 12 (b) (ii) on the Agenda .I The resolution was assigned a number and read by title : RESOLUTION NO . 78. SERIES OF 1997 A RESOLUTION ESTABLISHING 11iE ANNUAL SALARY FOR llfE MUNICIPAL COURT JUDGE FOR llfE CALENDAR YEAR 1997 . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71, SERIES OF 1997. Ayes : Council Membcn Nabholz, Vonni11ag. Wiggins . Habenicht . Waggoner . Clapp. Bums Nays : None Mocion carried. 4 . A resolution setting the salary for the Cily Attorney al $77.000 "'IIS considcn:d. INolc : This was lis&cd as llem 12 (b) (iii) on the Agcuda . I The resolution was assigned a nwnber and read b) li1Ie : RESOLUTION NO . 79 . SERIES OF 1997 A RESOLUTION ESTABLISHING 11iE ANNUAL SALARY FOR llfE CITY ATTORNEY FOR lliE CALENDAR YEAR 1997 . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7', SERIES OF 1'97. Ayes : Council Membcn Nabholz. Vormiltag. Wiggins. Habcnich1 . Waggo11cr. Clapp. Bums Nays : NOIIC Mocion carried . 5. Ms . Nabhol z (ii) Council Member Vonniuag: He • I • . .. • • 0 - ]- • Englewood Cily Council July 21, 1997 Pace 7 2. He (iii) (iv) I. She 2. She 3 . She 4 . She (v) • ,., • · ... • ,. Council Member Wiggins Council Member Clapp: Council Member Waggoner COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO PROCLAIM JULY 23, 1997 AS GATEWOOD MILLIGAN DAV IN THE CITY OF ENGLEWOOD. Ayes : Council Members Nabholz. Vonninag. Wiggins. Habenichl. Waggoner. Clapp. Bums Nays : None Motion carried. (vi) Council Member Habenicht I. She 2. She 3. She 4. She 13 . City Maaai=cr'• Report Interim Cily Manager Esaerly 14 . City Attoraey'1 Report Cily Atlonicy Brotzman did IIOI have any maucrs 10 bring before Council. IS . Adjoumment COUNCIL MEMBER VORMITTAG MOVED TO ADJOURN . llic mceung adjourned a& I 23 p.m Ci1y Clerk I' - ' . ' • , • • • 0 l • , • • • ·, • ~. .. • AUGUST 4, 1997 REGULAR CITY COUNCIL M££TING . , • • .. 0