Loading...
HomeMy WebLinkAbout1997-07-07 (Regular) Meeting Agenda]- ] • • • Note: Ordinance 139 was pre-assigned to Council Policy. This item was tabled st the June 2, 1997 meeting (Council Bill No. 53) July 7, 1997 REGULAR CITY COUNCIL MEETING Ordinance t ~~~ f,j5, 56, 57, 58, 59, 60 Resolution ~; ~_J ~ W/ ~ ~ ~ w" Jr:APJ_p 1M;_xAt71 n1 1,1 tJ • 0 • • • 0 f --I - • • • • • • <. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNT\', COLORADO lleplar Senion Jaly 7, 1997 I. Call to Order 1bc regular meeting of lhc Englewood Cily Council was called lo order by Mayor Bums al 7 :37 p .m . 2 . ._.._ 1bc inwc:alion was given by Council Member Wiggins . 1be Pledge of Allegiance was led by Mayor Burns. 4. RellCall Present Absenl: A quorum was prescnl. Also present Council Members Nabliolz. Clapp. Wiggins. Habenicht. Vorn1i1tag. Waggoner. Bums None Acting Cily ManacFr Fonda City Auomcy Broizman Cily Clerk Ellis DiRIClor Gryglewicz. Financial Services Offiocr McGrath. Internal Investigation and DARE DiRIClor Black . Parts and Recreation Open Space Manager Lee DiRIClor Ellerly, Public Worts DiRIClor Simpson. Neipbortlood and Business Development ..... Mayor Burns staled lhat. due 10 lhe resignation of Doug Clark as our Cily Manager. Council met in Special Session last Wednesday and appointed Din:c1or of Utilities Stu Fonda as temporary Interim City Manager. He noted Council will have more to say about where we go from here . Mayor Bums. on behalf of Council. thanked DiRIClor Fonda for his cfTons and his work wilh Council since last Wednesday. S . Minutes Council Member Waggoner indicated he would be abstaining from lhc vote, on the minutes of July 2, 1997, as he was not at that meeting. (a) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 16, 1997. Ayes : Council Members Nabhob_ Vonniuag. Wiggins. Habenicht. . ' •. • • 0 En&Sewood City Coum:il J•ly 7, 1997 Pace2 Nays : Motion carried. • • • (, Waggoner. Clapp. Bums None (b) COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUNE JO, 1997. Ayes : Council Members Nabholz, Vonninag. Wiggins. Habenicht Waggoner. Clapp. Bums Nays : None Motion carried . (c) COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JUL\' 2, 1997. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habcnichl. Nays: Abstain : MIiiion carried . 6 . Scheduled Visiton There were no scheduled visitors. 7. N1111-cheduled Visiton Clapp. Burns None Council Member Waggoner (a) Mike Gruninger. Prcsidenl of the Englewood Firelighcers Associacion and a member of che Firelighler·s Old Hire Pension Board . said he didn ·1 know he was coming before Che Board lonighl. He advised ii was his undcrscanding lhal Che Pension Board had VOied lo ask Council 10 cable Council Bill No . 40 unlil che 1• of Augusc so Chey could discuss this issue wich scafT and noc invol,·e Council . Mr. Gruninger scaled ii was also brought up in negotiacions and Chey have officially filed an impasse wilh lhe Cicy 10 cake lhis 10 arbi1ra1ion if we can ·1 work I his 0111 wilh Slaff. So. he said . he is before Council 10 ask iflhey arc going 10 Cable ii or whal II~· arc going 10 do . Cicy Anomey Broczman staled Chai chis issue will come up la1er . He noced Chai chac is conlained in che council communicacion. Chai Che Pension Board did VOie Chai way . (b) Bill Young. wich lhc Englewood Fire Dcpartmcnc and a member m lhc Old Hire Firefighter's Pension Board. said he wanced 10 rcicerace what Mr. Gruninger said earlier. that Ibis -a lillle uncxpccled for chem . Also. a discussion of chis maner is on cheir agenda for Che Pension Board meeting scheduled chis Thursday. July I011'. He poinled ouc Chai . as indicaced on Che council communicalion on che from. chcir desire was 10 have unlil August I" 10 make proposed changes. (c) Ken Haraldscn . 30 Ill South Washington. said he was rnlher surprised and shocked chis last week when he found 001 Cily Manager Doug Clark was dismissed . Mr . Haraldscn advised he has had him speak al our Lion 's Club a number of limes and he found 0111 Iha! he was a VCI)' i111elligen1. knowledgeable person. He said he. and he docsn ·1 think very many of 1he cilit.ens in Englewood. have any idea why he was dismissed . Tonight. he conunen1ed . Al Vonninag mentioned ii having 10 do wilh Cinderella Cicy . Mr. Haraldscn said 1ha1 had 1101hing lo do with ic. He said he has a feeling 1ha1 in lhc near future Cou1icil is going to have a vel)•. very difficult lime gelling a good Cicy Manager when he has no idea if he is coming and going 10 be here a monlh. 1wo monchs. cwo or 1hrce years. and gone . Awhile ago al Council's meeting on Che ocher side. Mr. Haraldscn noted he heard something Chai kind m discurbcd him . Reccncly . he said. in 1he Englewood Herald ii mcncioncd 1hat Doug Clult was giving IIIOlt • "' - '' • • 0 • • - - • Enckwood City Council Jaly 7, 1997 Pace 3 ,. • " • • ... of his time 10 Cinderella City and Al Stanley was lilling in as Assistant City Manager. Then tonight. he said, he heard Al Vormittag mention that somebody else is son of running ii . Mr. Haraldsen said he just wondered if we get a new City Manager who is going 10 be running and trying to figure out all of the details of Cinderella City. Commenting dircclly to Council Member Vonnittag, Mr. Haraldsen said ii is a rather in1ercs1ing question isn '1 ii. Council Member Vormittag advised that Bob Simpson is going 10 be doing Cinderella City . Mr. Haraldscn asked what was Doug Clark assigned to ii and Al Stanley filling in as City Manager for awhile ago. He said he would like 10 know. Council Member Vonnillag commented that they could discuss ii later on maybe. some other time. Anyw.iy. Mr. Har.tldsen opined. that Council made a tremendous mistake dismissing Doug Clarie He said he has talked to a lot of people and they feel the same way he is feeling . Mr. Harnldscn stated he wanted lo give Council a linle story . He said back before many of you were born in the 1930'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 the outcome of the war. He noted there were a lot of old infantry generals from Wortd War I that disagreed with him and because he fell he was right they coon marshaled him. When Wortd War I came along they found out that Billy Mitchell was right and those old generals were wrong. The B-2~ Bomber. the Mitchell Bomber. was named after him. Mr. Haraldsen noted he worked on them in World War II . He said the thing he wanted 10 mention to Council this evening is this. He noted he does not know the reason Council got rid of him. but here was a man that was very intelligent VCI)' knowledgeable and undoubtedly he had degrees in management. city management. and yc1 Council fired him. He said he wamed 10 ask Council a question and that they do not need 10 raise their hands. He asked Council how many of them have degrees in city management. He asked that they think of ii in their own minds. Did you release a good man because he disagreed with you, because he pertiaps knew a little bit more than you did or whal was the reason? Mr. Haraldsen said that he feels the citi7..ens of Englewood should know why you lired him. He commented that he hoped that those of Council who were involved in that will still be his friends. He s.1id he 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 that we should not have gotten rid of. (d) Gilbcn Stark introduced himself and said you all know the lot number. 2MO. He lilaled they said they would be CM:r there and mow that lot ckm11 when the weeds got up . He said he called oodc enforcement and the weeds are still up . He asked if anybody needs a good alfalfa field. alfalfa is over there. He asked if he is going 10 get that done or not . He wanted to know if he has 10 go 10 the pllpel'S. 10 the Governor or who does he go to next . Council Member Nabholz said that she dJO\'C by the propeny on Thursday and she physically walked that property. She noted there was a lot ofundetbrush and that ii was deaned unbelievably. Ms . Nabholz said it ,ns her underslanding that Mr. Stark felt that was aa:q,cable. Mr. Stark said he told him that the suckers he cul clown was fantastic . But again, Mr. Stark said. they both measured the Mlcds and they arc from 12 10 18 inches and the alfalfa is 24 inches. Now. he pointed out. he called City Code Enforcement again, three times and nobody has come over there. Council Member Nabholi: staled that she is not trying to discount this by any means. She pointed out that we are beeling up code enforcement throughout the City . She said she would talk 10 Director Olson and Code Enforcement 10 ICIC what the status is. Mr. Stark said they told him they would be over there and make sure that lot was mowed every other week . He said he sat right here and he thought all of Council heard someone tell him that. that it would be taken care of every other week . He stated ii h:ts almost been a month and they haven't been over there 10 mow ii or cul the weeds b:tck dO\m in the alley . Mayor Bums asked if he hadn 'I detecled a slight bit of praise there for something. Mr. Stark said yes . Council Member Nabholz said yes. She staled slic applauds Director Olson and Lany Medina for the work Ibey have done on this. Slic pointed out he worked all day and it was two dump truck loads that they took out of there. Ms. Nabholz stated this is a rnajor, major improvc1nen1 . She said she realizes the weeds are bothersome. but it is not tlic haz.ard that it was before. Mr. Stark stated it is still a fire hazard and we were lucky 10 get through the 4d• of July wi1ho111 a fire on ii the way the fireworks were going. "'- • .. .. I· • 0 ]- • Eallewood City Council J•ly 7, 1997 Pa,:e4 •, (, • • • Mayor Bums sa cl he is glad wc have made some significant progress and he would guess the weeds an: the next item. Mr. Startt oommented that they made I S<W. 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 expcct it. He said don't tell me that unless you an: going to do it . Mayor Bums said it sounds like then: will be some further follow-up on that . Mr. Stark said that is all he means and he thanked them for their trouble. (e) Bill Clayton oommentcd that he did not oome before Council to talk about Doug Clark. but. he said. it is sort of::a myslel'y . It does seem. he noted. that wc an: in 'miclSI of driving the train at high speed and now we don't have an engineer. Mr. Clayton said he wanted to talk lo Council about a oouplc of issues. He noted they have the popular mayor issue on the ballot. He opined if Council were to go out in the oommunity and ask people how the mayor is elccted they will not have a clue. because it has no affect on their lives. He stated that what affects their lives is Council's collecti,1:. unified actions. Not individual actions. but actions as a group . What it docs impact. he said, is their ability 10 do that . 10 be cohesive. Mr. Clayton noted that the Mayor is the chairperson of your Council . He opined 1ha1 ii is important that Council continue 10 select that chairperson based on their ability 10 be a good chairperson . Not based on their ability to gel elected. He pointed out that Council was elected and he feels that collectively Council is supposed to rcprcscnt the whole City. None of you are a little more equal than the other one. He said he thinks it is up to Council to IClcct that chairperson, C\'llluatc how well they advance the City 's collective. unirlCd agenda . And. he noted. if that person doesn't have those skills or the oommitment. or can't woit with you as a group to fonn a cohesive group. then you, right now. can immediately rcplac:c that person with a more approprialc person . And that. he said. is the way it should be. He pointed out that they need a chairperson that is useful to the City. bc:gusc it is useful to you as a group . Not one IClccted for their political popularity. who they can't evaluate. or if they are unable to do the job. or worse. if they are at odds with the resa 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 not 10 put that oa the ballOI. 10 just kill it. Next. Mr. Clayton said. he would like to talk about tenn limits. He told Council that. when he was on the Council. he did not think tern, limits were nc:c,cssary . But. he pointed out. they took that to the voters and they passed ii overwhelmingly. Then: was no qUCS1ion about that. it wasn't seven votes or somelhing. Mr. Clayton oommented that he undcnlands that IQIIIC of Council may fed there are ao qualified candidates in some diSlricts. He said one of his suggcsaions to Council is that one of their rcspollSibilitics is to seek out and help train and find and encourage candidates. So . he opined. if we don ·1 have any candidates, the buck Slops with Council as pan of that is their responsibility . He noted we have had the Lcadclship Englewood Program now that could RC\'Cf get olf the ground. One of the reaaNl5. he said. is that the City Council wouldn't support it . He urged Council to suppon that program or some other program. Once again. lic Slated . this is a bad idea. kill II Next . Mr. Clayton said. he wanted lo urge Council to pul the MOA issue. the outdoor ans thing. on the ballot . But. he Slated. there is an easier way. don '1 embarrass yourself. kill it now . Because. he pointed out. when the \'oters find out what it costs and the 0,1-going subsidy and that the whole purpose of this boondoggle is so that John Madden's daughter has somewhere 10 put her art. that he felt the Englewood voters will kill ii for you . Then. he said. they are going to be asking Council why on earth they WUled their time with this nonsense. • I .. • • 0 - - • Ellclewood City Council J•ly 7, 1997 Paie!'i ·, '· • • • (f) George H . Allen. 2799 South Downing S1rcc1. noted he has lived there for the last 52 years. He stated he has bc:cn mixed up in City government in one way or another for 40 years and he has been interested in it because he is a member of this 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. 1be last good manager we had was Stanley Dial and he was rooted out because ofa 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 that it was to 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 be did a good job. He said he understands that one reason he was asked to resign was because of the lack of getting Cinderella City moving. Well , he said, let me tell you something. It is not Doug Clark that is not moving Cinderella City moving. it is the City Council . This business. he said. of rd'crring to the people to make the decisions ... he said you as Council arc dccted to make the decisions. So, he stated. make the decisions and get this thing going. He said he would like to suggest. very humbly and very sincerely. that Council ask Doug Clark to forgi,-c them for their mistake and please continue 10 serve in Englewood. (g) Barbara Fout. 4 IK5 South Huron Street. stated she spoke to several Council members this aftemooo about a couple of issues that she wanted to 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 mad work with Code Enforcement City Council . a1ad any other active member of the City. to strengthen and work in a positive and efficiem manncr with Code Enforcement . She said they want lo work with City government. and with the members of our co1111nunil). 10 strengthen what Englewood should be. in essence wh:11 ii c:tn be. and wlL11 we in essence deserve it to be. Ms. Foul stated that she would like to put fonh the request 1ha1 we work in a unified manner 10 discuss that positively. She reiterated that they wam 10 work with Council. (a) A resolution recommending the appoimmcm of Don Bobcda 10 the Housing Authority for the City of Eng!C\\oocl. Colorado was considered. Council Member Waggoner stated that he did not remember Don Bobcda being appointed 10 the Englewood Housing Authority. He said he thought they appointed him to the Board of Adjustment . Mayor Bums advised that Council has before them tonigltt a communication from Doc, Bobcda this afternoon. that he faxed to the Cit)'. expressing his appreciation for that appointment. but saying that he has been recommended for two different boards. One for the Board of AdjUSlmcnt 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 Authority, and he thought his second was the Planning Commission. and third was the Board of Adjustment . Ma)'OI' Bums noted that Council recommended him for the Board of Adjustment. knowing that he would be interviewed later for by the Housing Authority Board . Mayor Bums advised that. as he understands. Mr. Bobcda was interviewed on the JO"' while he was at the CML Conference. He Slated the Housing Authority recommended Mr. Bobcda's appointment. He noted that Mr. Bobcda's co111111unication 1his afternoon said that his selection was the Housmg Authority and that he would give some consideration later to sen-ing on more than one. but that at this poilll he onl) wanted to serve on one board . Mayor Bums rcitcr.11cd lhat ii was Mr. Bobcda 's request that he be appointed to the Hoosing Au1hori1y . Mayor Bums stated that the first time Mr. Bobcda asked 111111 about boards and commissions he expressed his imcrcst in the Housing Authority. Ma)or Bums asked if Council understands that if someone lw more than one selection and Council recommends them 10 more than one that Council can 'I force them to acccp1 the appointments. . ' .. •· • 0 ]- - E•&lewood City CouDcil J•ly7, 1997 ~6 .. • • • But. Council Member Waggoner said, lhey can appoinl ahem to one and if they don '1 wanl thal lbcn lhey have to go through another appointment. Mayor Bums oommcnled thal he felt Ibey have 10 respect people's requests . If Council recommends him for an appointmenl and he says he would ralbcr have a different one. Mayor Bums asked if Council is not going to honor that. Council Member Waggoner said that as a group they mighl, but !hat didn '1 come to the group . Council Member Clapp Slated lbcre was no Council discussion . Mayor Bums staled thal lhe Housing Au1hori1y appointment, by Slatute. is lhe appoinlment oflbc Mayor. Then, Council Member Waggoner said. he can make the appoinlmcnl . Legally. Mayor Bums noted. Council doesn't have to interview anybody for lhe Housing Authority, ii is not required and the Statute doesn't provide for it. Council Member Waggoner said that is very true . Bui . Mayor Bums advised. Council has done ii as a courtesy in the past lo introduce prospective 1nembers of the Housing Authority 10 Council. When other mayors have done this. he said. they have done it as a counesy 100. Council Member Waggoner Slated Council can also appoin1 him to lhe Board of AdjUS1men1 and Appeals, if he doesn '1 like it he can tum it down. Mayor Bums pointed out that Council has already recommended that he be appointed 10 the Board of Adjustmcn1 and Appeals . Mayor Bums commented that he is a little oonfused as to why he would wanl lo pass a resolution appointing --to something when he has already declined. Council Member Waggoner said that is the way the group voted. as he remembered. Council Member Oapp said she agreed with Council Member Waggoner. lhat she recalled it !be same way. Mayor Bums asked Council whal they wanted to do . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEMl(a). FirSl of all. Mayor Burns said. he did not think Council has the legal ability 10 table an appointment they can't make in the firSl place. City Anomey Brot1.man explained the)• are juSl tabling this resolution. that Mayor Bums still has the power to appoint . Mayor Bums Slated thal if 1ha1 is 1he way they feel . he will vote 10 table . Ayes: Council Members Nabhol1_ Vonniuag. Habenichl. Waggoner, Clapp. Bums Nays : Council Member Wiggins Motion carried. (b) A resolution appointing Nancy Hughes 10 !be Clean. Green and Proud Commission for the City of Englewood. Colorado was considered . The resolution was assigned a number and rc:ad by litlc : RESOLlITION NO. 62, SERIES OF 1997 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. 61, SERIES OF 1997. Ayes : Council Members Nabhol1, Vonnittag, Wiggins. Habeaicht. Waggoiier. Clapp, Bums . , •, .. • • 0 ]- Eal,lewood City Couacil .hly7, 1997 .. , Nays: None Motion carried . ·. • • • ,. Mayor Bums presented a cenificate and City pin 10 Nancy Hughes . ... (c) A resolution n:appoinling Ron Kientz lo lhe Englewood Downtown Development Authority for the City of Englewood was considered. The resolution was assigned a number and read by title : RESOLlITION NO . 63 . SERIES OF 1997 A RESOLlITION REAPPOINTING RON KIENTZ TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AlITHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 63, SERIES OF 1997. Ayes : Council Members Nabholz, Vonnittag, Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . (d) A resolution n:appointing Ed Krueger 10 the Cul111ral Ans Commission for the City of Englewood. Colorado was considered . The resolution was assigned a number and n::ad by 1i1lc : RESOLlITION NO . 64. SERIES OF 1997 A RESOLUTION REAPPOINTING ED KRUEGER TO THE CUL 1lJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMaER WAGGONEll MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. W, SERIES OF 1997. Ayes : Council Members Nabll017_ Vonnittag, Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . Mayor Bums presented a cenificalc and City pin 10 Ed Krueger . (c) A resolution appointing Michelle Lennan lo the Clean. Gn:,cn and Proud Commillion for the City of Englewood . Colorado was considered . The resolution was assigned a number and read by title : RESOLlITION NO. 65 , SERIES OF 1997 A RESOLlITION APPOINTING MICHELLE LERMAN TO THE CLEAN . GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. . . .. • . . • 0 ,- - Ell&leweod City C•nc:11 My 7, "" .... ~- • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 65, SERIES OF 1997. Ayes : Council Members Nabhol z, Vonnillag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. Mayor Burns presenled a ccrtificalC and City pin lo Michele Lennan . (I) A RSOlulion reappointing Ron Lunders 10 lhc Englewood Liquor Licensing Audlorily for lbe City of Englewood. Colorado was considered. The RSOllllion was assigned a number and read by lille : RESOLlJTION NO . 66. SERIES OF 1997 A RESOLlJTION REAPPOINTING RON LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AU11fORITY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 66, SERIES OF 1'97. Ayes : Council Members Nabholz. Vonniuag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried . (g) A RSOlulion appointing Charles Rcdpalh 10 lhc Election Commission for lhc City of Englewood. Colorado was~- The RSOIUlioo was assigned a number and read by 1illc: RESOLlJTION NO . 67. SERIES OF 1997 A RESOLtmON APPOINTING CHARLES REDPATH TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORAOO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. '7, SERIES OF 1'97. Ayes : Council Members Nabholz. Vom1i11ag, Wiggins. Habcnichl. Waggoner. Clapp. Bums Nays : None Motion carried. (h) A resolution reappointing Connie Sanchez 10 1hc Englewood Downlown Dcvdopmcnc Authority for lhc City of Englewood. Colorado was considcrtd. The RSOIUlion was assigned a number and read by lillc : RESOLlITION NO . 68. SERIES OF 1997 A RESOLtmON REAPPOINTING CONNIE SANCHEZ TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AU11fORITY FOR THE CITY OF ENGLEWOOD. COLORADO. . ' •. .. : • • 0 - - 1:•clewood City Council Jaly 7, 1997 .• , • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 61, SERIES OF 1997. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habcruch1 . Waggoner. Clapp, Bums Nays : None Motion carried . (i) A resolution reappointing Janet Spangenberg to the Cultural Arts Commission for the City of Englewood. Colorado was a,nsiclcmt. The rcsollllion was assigned a number and read by title: RESOLlJTION NO. 69. SERIES OF 1997 A RESOLUTION REAPPOINTING JANET SPANGENBERG TO THE CUL 11JRAL ARTS COMMISSION POR 1lfE CllY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO."• SERIES OF 1"7. Ayes : Council Members Nabholz. Vormittag. Wiggins. Habcaichl. Waggoner. Clapp, Bums Nays : None Motion carried . Mayor Bums presented a c:enilicalc and a Cit)' pin to Janct Spangenberg. (j) A resolution appointiag Tim StOlicr lo the Clean. Groen and Proud COR1missi011 for the City of Englewood. Colorado was a,nsiclcmt. The rcsolulioa was assigned a numbcnnd read by title: RESOLUTION NO. 70. SERJES OF 1997 A RESOLUTION APPOINTING TIM STONER TO TifE CLEAN. GREEN AND PROUD COMMISSION FOR 1lfE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 70, SERIES OF 1997. Ayes : Council Members Nabholz. Vormittag, Wiggins. Habenicht . Waggoner. Clapp, Bunts Nays: None Motion carried. Council Member Vonninag advised that Mr. Stoner was noe here tonight as he had 10 wort . (k) A resolution recommending the appoinllncnl of Kris Stycs to the Planning and l.oning Commission for the City of Englewood. Color.ido ,v-.tS considered. The resolution was assigned a number and read by title· RESOLUTION NO. 71 . SERIES OF 1997 ~-. . ' .. • • 0 - - Eaatewood City CINlncil JDly 7.1997 PacelO ·, • • • ... A RESOLlITION RECOMMENDING THE APPOINTMENT OF KRIS STYES TO THE PLANNING AND ZONING COMMISSION FOR TI-IE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71, SERIES OF 1997. Ayes : Council Members Nabholz. Vormittag, Wiggins. Habenicht. Waggoner. Clapp, Bums Nays: None Motion carried. Mayor Bums pn:sented a certificate and City pin lo Kris Stycs. (I) A rcsolulion appointing Ray Tomasso to the Cultural Ans Commission for the City of Englewood. Colorado was considered . The resolution was assig11cd a number alld read by title : RESOLlITION NO . 72. SERIES OF 1997 A RESOLlITION APPOlt,mNG RAY TOMASSO TO THE CUL TIJRA.L ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 72. SERIES OF 1"7. Ayes : CINlncil Mcmbcn Nabbolz. v-ittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None Motion curicd . Mayol" a.. plaenlcd a ccr1ifica1e and City pin to Ray T-. (m) A rcsolution reappointing David Waracr lO die Ellglcwood Liquor Liocnsing Audlority for die Qty al Englewood. Colorado was considcnd . TIie ...._ -lllligncd a number alld read by title: RESOLlITION NO . 73 . SERIES OF 19<J7 A RESOLlITION REAPPOINTING DAVID WARNER TO TiiE ENGLEWOOD LIQUOR LICENSING AtrrnORJTY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7J, SERIES or 1997. Ayes : Council Members Nabhob_ Vormittag. Wiggins. Habenicht . Waggoner. Clapp. Bums Nays: None Motion curicd. (n) A resolution appointing Olga Wolosyn to the Cultural Arts Commission for the Cjty of Englewood. Colorado was considered. ,-. . , .. • • 0 - ED&lewood City Council Jaly 7, 1997 Paaetl ·, <. The resolution was assigned a number and read by tille : RESOLUTION NO . 74, SERIES OF 1997 • • • A RESOLUTION APPOINTING OLGA WOLOSYN TO THE CULTURAL ARTS COMMISSION FOR 11fE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 74, SERIES OF 1997. Ayes: Council Members Nabholz. Vonniltag. Wiggins. Habenicht. Waggoner. Clapp. Burns Nays: None Motion carried. Mayor Bums presented a ccnificate and a City pin 10 Olga Wolosyn. *. * * * Mayor Burns staled. on behalf of Council. th.11 they just wanted cvel)'OIIC to know how much they appreciate the volunteers for boards and commissions. He noted this Cit:v really couldn 't run without them. He thanked everyone who ca1ne tonight. * * *. * Council Member Vonnittag commented that he would like to let Nancy Hughes and Michelle Lennan know that they an: meeting lten: tomorrow night . right hen: in this room at 7 :00. 9 . Plllllic Heari•R No public IICaring was scheduled before Council. 10 . C__.Apda (a) Approval on Ordinances on First Reading COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) thmadl (x) ON nRST READING. (i) COUNCIL BILL NO . 6J . INTRODUCED BY COUNCIL MEMBER VORMITIAG 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 BALWT ISSUE FOR THE PURPOSE AUTHORIZING A VOTER-APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD . COLORADO . (ii) COUNCIL BILL NO 64 . INTRODUCED BY COUNCIL MEMBER VORMITIAG A BILL FOR 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 . 38 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED • ,-. ', .. • • 0 • • - ] CICIIIZlla • • • ·, • <, l.a&lewood City C111111eil J•ly 7, "" Pqje12 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 FUND 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 . (\I) COUNCIL BILL NO . 62. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AIJfHORIZING 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 Wl1lf A TELECOMMUNICATION CABLE IN CONDUIT BETWEEN THE U.S. WEST COMMUNICATIONS. INC. (U .S. WEST) AND THE CITY OF ENGLEWOOD . COLORADO . (vii) COUNCIL BILL NO . 59. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. I J2 TO THE SOtJTiiGA TE SANITATION DISTRICT CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (viii) COUNCIL BILL NO . <,O . INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . tn TO THE SOtJTiiGA TE SANITATION DISTRICT CONNECTOR 'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. . , ... .. • • 0 - £a&lewood City Council Jaly 7, 1997 Pqell '· • • • (ix) COUNCIL BILL NO . 61 . INTRODUCED BY COUNCIL MEMBER VORMITIAG ... A BILL FOR AN ORDINANCE AlfTiiORIZING A LICENSE AGREEMENT GREENLEY ENTERPRISES. INC . (MAACO AUTO PAINTING AND BODYWORK'S) AND THE CITY OF ENGLEWOOD. COLORADO FOR A 3' WIDE CONCREn PAN CROSSING OVER THE CITY OF ENGLEWOOD'S RJGHT-OF-WA Y FOR THE CITY DITCH . (x) COUNCIL BILL NO . S7 . INTRODUCED BY COUNCIL MEMBER VORMITIAG A BIU. FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH 11fE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4 . 1997 . Ayes : Council Members Nabholz. Vonnillag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (b) Approval of Ordinances on Second Reading COUNaL MEMBER WAGGONER REMOVED 10 (II) (iii) FROM THE CONSENT AGENDA. COUNCIL MEMBER CLAPP REMOVED Ill (II) (ii) FROM 111E CONSENT AGENDA. (i) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (II) (I) ON SECOND READING. ORDINANCE NO . S2. SERJES OF 1997 (COUNCIL BILL NO. S4 . INTRODUCED BY COUNCIL MEMBER VORMJITAG) AN ORDINANCE AMENDING TITI.E S. CHAPTER lA. SECTION 7, WITH 11fE ADDITION OF A NEW SUBSECTION D. PERTAINING TO LIQUOR LICENSE RENEWAL OF EXPIRED LICENSES : AND TITLE s. CHAPTER JB . SECTIONS . OF THE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR 11fE CITY OF ENGLEWOOD . COLORADO . Ayes : Council Members Nabholz. Vonniuag. Wiggins. Habenicht . Waggoner. Clapp. Bums Nays : None Molion carried. (ii) Council Bill No . 55. acccpling funding from the Bureau of Alcohol, Tobaa:o, and FireamlS for a Federal Gang Resistance Education and Training (GREAT) program grant. - considered . Council Member Clapp said she just had one quesaion, for the record . She lilaled it is her undcnlanding that the section in lhe prognm. lhal would allow anybody 10 get in&o I child's file. has been n:moved . She asked if that is right . Officer McGrath advised lhal he talked lo our n:pn:scnta1ivc on al lhe Bureau of • . . ' .. • • 4 0 . ' ., • . - - Eqlewood City C1N1ncil .hly7, 1997 ..... (. • • • Alcohol. Tobaa:o and Fin:arms. Pele Marrcny. He explained that was left in there because that contract llas been used by a number of cities in order for them to obtain the statistical data neccssa,y to do the lllllionwide study, which Council received a copy of several days ago . We are ROI a city in that study, he advised. and that was ROI necessary . He ROled that information was relayed to the City Attorney 's office . OlflOCI' McGrath advised that they said, even if they do look at the records in the other cities. and a number of cities are identified in the literJture. they don't have the Ir.id's names to go with the statistical data . It is only to look at and measure the program over time to see what their delinquency and success rate is. So, Cooncil Member Clapp said, no one's privacy will be violated by that Officer McGrath advised that no one's privacy will be violated on a national level and no doubt it will be released on a local level. because we will be striking that from the contract and will ROI have that as part of the oontract. Ms. Clapp said very IDCld - Council Member Waggoner asked if there weren't also some questions last time about this laking some kids INll of the DARE program or something. or affecting the DARE program . Council Member Clapp said yes. She said the qllCSlion was 1ha1 this is ROI going 10 take anything away from the DARE program that is currently in place. This is in addition IO. she said. and so this will not take anything from what we already have. Officer McGrath explained that what this program will do is replace DARE al the seventh grade level . Al the seventh grade level the)' will do away with DARE entirely . He advised that fifth grade level DARE is what they call their CORE Curriculum. which means lhal is the majority of their material. energy and focus is dedicated to the fifth graders because they feel 1ha1 the fifth. sixth grade level is the target zone for Ir.ids who will try risky behavior such as smoking . there is a little bit gang information in there, and certainly other drugs and aJcx,hol . He said yes and no. fifth grade DARE will be untouched and the school di&lrict has fell that that is important . They did a survey and they fell they were having a IDCld success rate with fifth grade DARE . Seventh grade DARE. he advised. was ROI as well received in that study and the school district concurs that replacing DARE with this program would ROI have any negative impact on the students and would actually enhance what is being taught 10 the students . Council Member Nabholz said she would just like to say lhal she has looked at lhe curriculum that they scnl over to Council and she was very impressed wilh ii . She opined that ii will be a real supplement in the scvenlh grade due 10 lhe fact thal ii addn:sses the dilTerenl i59UCS. more on lhe gang. behavior modification. peer pressure and that type of lhing. She reitcraled thal she was impressed with it Mayor Bums said he was also impressed with ii. He ROled he has anended several DARE graduations at the fifth grade level. bul I his is a step up al lhe sevenlh grade level 10 make kids much more aware ol the gang influcncc . Officer McGrath noced thal there is some drug information included in there and a summer component where they will be doing a few activities in the summer with them as a follow up . He opined thal this program will really supplement what they do in the fifth grddc and keep the officers. himself included. in the schools having. hopefully . postli\'C contact "ilh )Otmg people. ORDINANCE NO . 53 , SERIES Of l'>'J7 (COUNCIL BILL NO . 55 . INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TifE UNTIED ST A'IBS DEPARTMENT OF THE TREASURY BUREAU Of ALCOHOL. TOBACCO AND FIREARMS AND THE CITY Of ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G .R.E.A.T .) PROGRAM JN BOTH PUBLIC AND PRIVATE SCHOOLS IN rnE CITY Of ENGLEWOOD. COLORADO. • "' - • .. • • 0 -• • • ,. Eqlewood City Council J•ly 7, 1997 Pqe15 COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (ii) -COUNCIL BILL NO. 55, ON SECOND READING. Motion carried. Ayes: Council Members Nabholz. Vormitlag, Wiggins. Habenicht, Waggoner. Clapp. Bums Nays : None (iii) Council Bill No. 56. approving a Connector's Agreement wilh Cherry Hills Village Sanitation DiSlrict. was considered. Council Member Waggoner advised 1ha1 he VOied no on 1his on firSI reading. He Slaled he will vote no apin basically because the Buell property is included in lhe oulline of lhe diSlrict and he rcmeanbers lhem telling us they didn'I want anylhing 10 do wilh lhe City. So, he said. Iha! will he his position apia this C\'Clling. Mayor Bums asked if 1ha1 didn '1 change. Acting City Manager Fonda asked Council Member Waggoner ifhe was referring lo when lhey didn't panicipale. Mr. Waggoner said yes. Mr. Fonda advised lhal Ibey are in lhal DiSlriCI and we have Sludied ii since and lhcy have down z.oned ii subslanlially. He noted 1ha1 may be lhe wrong word. bul 1ha1 they ha\'C gone from a very high dcnsil)' hotel complex with condominiums and so fonh. back down 10 one and 1wo acre parcels. Mr. Fonda Slaled 1hcy have had Black and Veatch look al ii and we feel wilh lhal many we can acco1111110da1e lhem. Then al 1ha1 point he said, when 1hcy do lap 011 lhey will pay lhe sewer charge lap rec lhal would help pay for lhe in1ercep1or lhal wcnl in. He commented he would be coneerncd and would not be preseming 1his. if in fact lhe holcl was Slill lhe proposition. He said his guess is lhc:n 1ha1 lhe Sludy would show lbal you would overtoad the sewer. Mayor Burns asked whal Slalus is Ibis in wilh lhe City of Cherry Hills now . Acting City Manager Fonda advised lhal wc had a conlract wilh Cherry Hills Village lhal was signed in 1975 and lhe 1houghl ii weat for 20 years. He Slated ii expired so we ha,1: been negolialing "ilh 1llcln and wc pn:sc:alled !hem wilh our Slandard conlract for any of lhc diSlricls tbal we IICf\'C. He SlalCd lhal al firsi 1llcy didn '1 want 10 aa:cp1 ii. bul now lliey arc acocpling the contract llial is our Slandard and applies 10 any diS1riC1 1ha1 we serve. So. Mayor Bums noted, lliey arc not gelling :my special 1rca1nic111 1ha1 IIIC)• h:t\'C 10 adlicrc just like any otlicr diS1riC1 . Mr. Fonda said yes. Council Member Habenicht asked wlial would happen. or whal would preclude lhem. from changing Iha! zoning once wc provide lhem with 1ha1 connectors agreement. She asked if wc would lhen have IO increase our service . Aeling Cily Manager Fonda said no. wc would not approve ii . They can'I overtoad the sewers according 10 lhe contract. so we would not appnl\'C ii . ORDINANCE NO. 54. SERIES OF 1997 (COUNCIL BILL NO. S6. INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (b) (iii) -COUNCIL BILL NO. 5', ON SECOND READING. Motion carried. Ayes : Council Members Nabholz. Vormiltag. Wiggins. Habenicht , Clapp. Burns Nays: Council Member Waggo11cr .. , ... • ', • 0 - • Englewood City Council July 7, 1997 Pa~l6 (c) Resolutions and Motions • • • ,. MAYOR BURNS STATED THAT HIE HAD A Rt:QUIEST FROM COUNCIL Mt:MBIER HABIENICHT TO REMOVE AGENDA ITIEM 10 (c) (i) FROM THIE CONSENT AGENDA. COUNCIL Mt:MBIER WAGGONER Rt:MOVIED AGENDA ITIEM JO (c) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HABENICHT REMOVED AGENDA ITIEM 10 (c) (iv) FROM THIE CONSENT AGENDA. Mayor Bums advised. regarding Consent Agenda Item No . 10 (c) (iii). that then: is an error in the amount . He pointed out that the infonnalion in the Council Communication is correcl. but for some reason the amount is incorn:cl on the agenda. He advised that the amount should be $5~.000.00. 10 be oonsiS1e111 with the Slaff repon Council has in their packet . COUNCIL MEMBIER VORMITTAG REMOVED AGENDA ITIEM 10 (c) (iii) FROM THE CONSENT AGENDA. (i) A recommenda1io11 from the Depanme11t of Fi11a11cial Services 10 approve a n:solution transferring funds a11d appropriating funds for Englcwood"s share of the Cinderella City site environmental clean-up costS w.is considered . Council Member Habenicht advised that she asked that this one be pulled because she is concerned . She said she guesses she doesn't have a problem with transferring the funds from the General Fund 10 the Capital Projects Fund so that they don '1 have to do that at some future time. But. she said. she does have a problem with passing an appropriation of Capital Project Funds for things that have not yet been raolvcd by the City. She opined that is son of p111ti11g the can before the horse. She said she would not like lo do that . Ms. Habenicht Slated she would either want lo amend the mocion 10 lake out the appropriation of those funds or lo poSlpone this lo some later date when we might ha\'C the appropriate agm:mcnts 10 wort with. Director Gryglewic1: advised that basically al this time there an: 110 pla11s 10 actually spend any of these monies . It just lakes it out of the General Fund so those an:11 ·1 appropriated in the operating budget . Basically. he said. they will saay in the Capital Projects Fu11d until then: is a11 agreement. So . he advised. nothing will be spent until after the agreements are sig11cd . Council Member Waggoner said lhal he thought this was for Olher things. Olher than clean-up costs. And. he DOied . in the rcsolu1io11 itself we Slate just clca11-up cosas. DirCClor Gryglcwic1: advised ii is actually for clean-up coSls as well as 1aki11g care of the Montgomery Wards lc:asc: and other miscellaneous cosas. But. Mr. Waggoner Slated. ii is not i11 the resolution title. in the title ii just states clean-up costs. which is not quite right. He asked City Allomcy Brotzma11 if that \V-JS true. City Anomcy Brotzman reconuncnded a mocion 10 change that from clca11-up cosas to Ci11dcrella City site cosas. lake out the wonl clean-up. COUNCIL MEMBER WAGGONER MOVED TO AMEND, IN THE TITLE AND BODY OF THE RESOLUTION, TO CHANGE THE LANGUAGE FROM "CINDERELLA CITY SITE CLEAN- UP COSTS" TO JUST "CINDERELLA CITY SITE COSTS." Mayor Bums asked if he wants that language taken 0111 of the whereas clauses also. Council Member Habe11ich1 asked if they could also lake ··and the appropriation" out of there 100. . . ,. - • • 0 ]- • Enclewood City Council J•ly 7, 1997 Pqel7 '· • • • 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 jUSI say ~Cinderella City site costs.·· Mayor Bums asked Director Gryglcwicz. if for any reason the agreement would change. if they could jUSI transfer lhc money back . Mr. Gryglcwicz said sure. Or, Council Member Waggoner said, it could jUSI stay there and revert back at the end of the year. Director Gryglewicz advised we would juSI do another resolution transferring ii back lo the General Fund. 1bc resolution was assigned a number and read by title as amended : RESOLUTION NO. 7S, SERIES OF 1997 A RESOLUTION FOR 11fE TRANSFER OF FUNDS FROM 11fE GENERAL FUND TO 11fE CAPITAL PROJECTS FUND AND THE APPROPRIATION OF CAPITAL PROJECTS FUNDS FOR 11IB CITY OF ENGLEWOOD'S SHARE OF THE CINDERELLA CITY SITE COSTS. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7!1. COUNCIL MEMBER HABENICHT MOVED TO AMEND THE RESOLUTION TO REMOVE THE WORDS "AND THE APPROPRIATION OF CAPITAL PROJECTS FUNDS" BOTH IN THE TITLE AND WHERE EVER El.SE IT MAY BE STATED IN THE RESOLUTION. She advised she bas no problem with transferring the funds. lo reserve them and have them al lhc ready . Bui she docs have a real problem voting lo appropriate funds ahead of any agrcemcnt being made . Council Member Vormittag asked City Atlomcy Brotzman what. exactly. that means . City Allomcy Brotzman advised that transferring the funds automatically appropriates it. lhal you arc doing that by definition when you transfer ii . Mr. Brotzman said that if your qucstioo is. au, you spend any ol this moaey or will any of this money be spent withal• further Coancil aut bori1.ation. the answer is none ol this money will be spent without Coancil authorizing it . Council Member Habenicht asked how that :mlhorization will lake place. City Anorncy Brot1Jnan explained Council will either approve contracts or deeds. So, Council Member Vonninag said. all they arc doing is transferring this into another account so ii is available lo be spent. And so. City Anomcy Brotzman advised. ii won 'I be spent in the General Fund. lbcn, Mr. Vorminag said. when they want 10 spend ii they will come 10 Council for approval. So. Council Member Habenicht said. there is no tacit approval of anything based on this. City Anomcy Brotzman said no . IN THAT CASE, COUNCIL MEMBER HABENICHT SAID SHE WOULD REMOVE HER AMENDMENT. Council Member Waggoner called for the question. Vote reailt1: Ayes : Council Members Nabholz. Vormiltag. Wiggins, Habcnicbt. Waggoner. Clapp. Burns Nays : None '. •. .. , ' • • 0 - - • Ea(:lewood City Cooncil July 7, 1997 Pase II Moiion carried. · ... '· • ,.. • • (ii) A recommendation from the City Allomcy's Office to adopt a resolution concerning the exchange of propcny to Highlands Ranch Metropolitan District No . 3, pcnaining to Dr. Ohlson and the C-470 Interchange. Council Member Waggoner Slated he asked that this one be pulled. He said he was trying to remember. from the map that Council saw previously. the specific parcel that was going to be the Ohlson access to his propcny. He said now he understands that Dr. Ohlson wants to keep the original easement that was granted to him previously and use that as his access that goes 10 County Line Road . Council Member Waggoner said his qUCSlion is if he docsn 't need access to the new road then why are we giving this to IOIIICbody else. why don't wc juSI keep it as pan of our own propcny. City Anomey Brotzman advised tlllil it is County Line Road from his old aa:css. he won't have a curt> cut there to get there. Acting City Manager Fonda explained that is pan of the taking. he can't get 011I on that access. he won't using it. Council Member Waggoner asked what he uses then . Acting City Manager Fonda advised he uses the DCW oac. Mr. Waggoner stated he thought this was the new oac. City Anomcy Brot7.man explained dial what this is is a clarification. He said Council Im passed two ordinances previously. They took that to the Judge and he said you know this is nice but I want to make sure the Distric:1 actually has the authority you are saying you have under these two ordinances. Tii.1t 's all this resolution docs is clarify the language for the Judge. that we ha\-e gi,'Cn him the authority to trade the propcny 1ha1 we have previously under the two ordinances. Mr. Brot7.man reiterated that Council has already done this. that this is just clarifying it for the Judge that the District has the authority to act on our behalf. So. Council Member Waggoner said. we are giving ii to the District in order for them to deal with the OhllOIIS . City Allomcy Brot7.man said that is correct . Acting City Manager Fonda advised Council alrady has. the JudF could have acted. but he wanted funher clarification and this is just a stronger lbllelllelll lhlll says yes wc mc:an1 what we said last time. Council Member Waggoner commented that C\'Clllually Dr. Ohlson will go out on the cascmcnr. City Anorncy Brotzman said on the DCW cacmcnt . RESOLUTION NO. 76. SERIES OF 1997 A RESOLUTION CONCERNING THE EXCHANGE OF PROPERTY TO HIGHLANDS RANCH METROPOLITAN DISTRICT NO . 3. PERTAINING TO DR. OHLSON AND THE C-470 INIBRCHANGE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 76, SERIES OF 1997. MOlion carried. Ayes : Council Members Nabhol7.. Vonnittag. Wiggins. Habeni.:ht, Waggoner. Clapp. Bums Nays : None (iii) A recommenclation from the Parks and Recreation Dcpan1nen1 to approve. by mOlion. a contract with MallOI. Peterson and Renner in the amount of SSS.INNI for resurfacing repairs at the Sinclair and Barde Park tennis couns. Council Member Vormittag asked if wc didn 't just have this d:>ne not that long ago al Romans Part. He said it was just a year or two ago that we resurfaced the one al that park. Director Black said ya. Mr . Vonniltag asked what is tearing these up. are kids rollcrt>lading on them or something. Mr. Black said 'I •. .. • • 0 IE•&lewood City Council July 7, 1997 Pace 19 . ' • • • no, just ovcr time. He explained that we have a replacement schedule that every year we II)' to go into different eouns and repair those about every four to live years . That way, he said. instead of one large cost every year so, we kind of rotate those over. Council Member Vormittag asked if they are actually being used. if there are a lot of people playing tennis now days. Director BlllCk said there are not as many tennis players as there use to be. however the couns at Sinclair have always been used somewhat heavily compared to the other couns. Currently, he advised. the condition of the coun really does not allow play out there. Council Member Waggoner noted the couns at Romans Park get used quite a bit . Director Black agreed . Council Member Vonnittag commented that he has never seen anybody playing tennis on any eoun in our City . Council Member Waggoner stated that ifwe would tum the lights back on you would probably see more people playing tennis. Because, he noted. we don 'I even provide lighting anymore . Director Black said that is correct. Mayor Bums asked if the funds come from the Conservation Trust Fund for this. Director Black said yes . So. Mayor Bums said. it docsn ·1 come out of the Gener.II Fund Budget anyway . Council Member Habenicht said she was wondering. since more was budgeted than we would be expending. if it is possible to look again at doing something with the lights on the tennis eouns. Director Black stated there is always that possibility of turning the lights back on. that is something we could look at. but that would be long tenn. He noted we ccnainly would not w-.int to go in and tum the lights on for a shon period of time and then have to tum them back oil Director Black opined that is a policy decision that we probably should talk abonl. especially for those couns 1ha1 get heavy use . He said that is ccnainly an issue that we can discuss. Council Member Waggoner asked if that is a standard color we have stancd to use . Manager Lee said he does not know for sure . COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH MALLOT, PETERSON AND RENNER IN THE AMOUNT OF S.\.<i,000 FOR RESURFACING REPAIRS Of THIE SINCLAIR AND BARDE PARK TENNIS COURTS. Motion carried. Ayes : Nays : Council Members Nabhob_ Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Burns None (iv) A recommendation from the Parks and Recreation Dcpanmcnl to approve. by motion, a contract with T & G Hardwood Floor Specialists. Inc . in the amount of $98.~74 .00 for renovation of the wood floor at the Recreation Center was considered . Director Black advised that we would be replacing the current floor in the gym that we have repaired three or four times. After a period of time. he stated. the floor gets extremely slick and dangerous. He said they have worked with the Public Works Dcpanme111 over the last couple of years to review different floors that are out there . We have put a wood floor in the aerobics room and. he noted. probably if they had it do to over again they wonld have put a wooden floor in the gym . Because it docs last longer and it is much easier on the knees for panicipallls. He said if they would notice there is an add on here that has to do with the youth dance room . He stated they had enough money in 1hc budget to cover that. He said they had planned to look at that for I \1\18. but there were enough funds available from the Conservation Trust Fund to cover that so they included that as pan of the package . ' ' • . ' • 0 , . ] En&lewood City Council J•ly 7, 1997 Pace 20 • • • ... Council Member Habenicht asked if. in the other floor. they put a one inch spring in there as well . Director Black said yes. that that was right. Ms. Habenicht asked if that was adequate. She said she is concerned because she remembers when her daughters took dance, people explained 10 her the imponance of having a sprung floor for anybody that is doing any kind of jumping aerobics or what have you. She asked ifa one inch spring is adequate for the health of people's legs. ankles. shin splints. knees. Dircctor Black said yes. lhe floor will still give, 1ha1 ii is ccnainly nol a three inch floor. bul whal you have there is lhe difference in the transitions between the floor and the spaces going in . For a three inch floor, he explained, they would have lo go funhcr out into lhe hallways 10 do that He said they didn 'I feel lhal was acc:cpCable . Director Black staled that they think the one inch floor will be acccpCable for lhe dance program and that ii will be much belier than whal is in there right now. Council Member Habenicht oommcnled 1ha1 maybe there is something we can do al some time to re-elevate lhe hallways. or whal have you. if indeed il is a belier thing lo do. She said she would guess her concern is she hales lo do something lhal is not lhc best thing 10 do with such a hca\'y expenditure. Director Black said 1ha1 is right thal lhey can verify 1ha1 again. lhal ii is his understanding 1ha1 that is acceplable. Bui. he noled. they can cenainly \'erify lhal before the installation . Council Member Habenicht said she would really appreciate that . Council Member Vom1it1ag noled it says that this contract is executed in five counterpans. He asked what 1ha1 means. Mayoc Bums explained that it means you can have fi"e copies and people can sign diff'erenl copies and I hey all become like one. Mr. Vonninag said he didn ·1 know if ii was like five different limes doing different things. Council Member Waggoner noled it is essentially fi\'e originals. Mayor Bums staled ii is used often if you have people in all different kinds of locations and its hard 10 gel the same contracl in front of each one of them . So. he explained. they all sign the same thing. He noted if you say ii is in counterpans lhey can each sign a different \'ersion and it is as if they all signed lhem logetber al lhe 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 S911 .. ~7'.00 FOR RENOVATION OF THE WOOD FLOORING AT THE RECREATION CENTER. Ayes : Nays: Motion carried. 11 . Regular A~nda Council Members Nabhol1, Vonniuag. Wiggins, Habenicht. Waggoner. Clapp. Burns None (a) Appro\'al of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Depanment of Financial Services to adopl a bill for an ordinance placing a question on the November 4 . 1997 ballot .., regarding financing for a Museum of Outdoor Ans at the Cinderella City Site. He advised this proposed ordinance would put a question on the ballot to incur dcbl. also incur an annual cost 10 suppon a Museum of Outdoor Ans and also pay back lhe dcbc that is incurred. He saaled that they worked with outside counsel to come up with this question. because ii is so1ncwhat unusual . He said he docs no1 think it has been done in quite this manner anywhere else. Council Member Habenicht said that although she most strongly suppons the City pursuing ncgoliations and working 10 locate the Museum of Outdoor Ans here in Engk."-wood. especially in conjunction with lhe redevelopment of the Cinderella City site. she docs bcliC\'e there arc many ways to explore 10 do this. She said she really docs no1 believe that this ballot q11CS1io11 addresses 1hat or addresses whal can be done in tenns of negotiation . She commented that every lime she looks at ii it just does not make sense 10 her and she has a difficult time with ii. Ms. Habenicht said she thinks she has asked the question if other ideas. . , • . .. • • 0 - - • • l.apwood City Cooncll July 7, 1997 Pase 21 <. • • • 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 amcur with that. that he is having a problem with this too. This. he nolcd. is a lot or money. wc don·, have an agreement at all with them. they don·, seem to want to enter into a letter or inlent at this point and they an: not going to make a decision until Scpccmbcr. He said he agrees with Ms. Habenicht. Council Member Wiggins commented that wc can always pull it before it goes to the election. He asked City Attorney Brotzman if ii is true that they need to get it in now if it is going to be an issue . 81:causc . he said, if they come up in Scpccmbcr and say they wish to come in hen: then it becomes an issue that the voters have 10 answer. Council Member Waggoner said then they may have 10 wait. Mr. Wiggins IIOlcd then it will be two years down the road. Council Member Vonnittag said wc take this now and cancel it between now and November. or now and printing. or we arc 0111 of luck . Council Member Wiggins said. in response to Council M:mber Habenicht. that Financial Services and the City's financial advisor worked together to find the least expensive method for finance. construction and operation suppon for the Museum or Outdoor Ans. Everybody wc have talked to so far. he said. has said this is the way lo go with ii and nobody else has come up with anything other than that. He noted you can think or a lot of ideas. wc can have raffles. cake sales. car washes or whatever. but notl1ing lw ever come forward as feasible . Council Member Wiggins opined ii is a valid issue to put to the taxpayers. Council Member Habenicht said she wanted to make sun: that if you an: agreeing with her. that you arc 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 docs not think a viable agreement with the Museum of Outdoor Ans needs this kind of taxing situation from the citizens. She noted that as people have been looking for a cullural ans venue in Englewood and al that site. one of things that was discussed was the aJ5I of building a building. Tiic Museum of Outdoor Ans wants lo assume. totally. Ilic cost of building a building. She opined that wc arc overlooking a lot orthinp that arc being brought up with this and making it some son of an extra, extra cost and when indeed what mos1 or the citizens said they would like to scc happen at that site would have cost quite a bit or money ud doing it this way would end up saving the taxplyCf'5 a lot of moncy. Making this into an issue of being more of a burden. rather than an asset to this a,mmunity. she opined. is confounding the issue and that is the reason she docs not suppon this approach . Mayor Burns said she is right they do disagree. He said the idea that this is not going to cost the taxpayers ... that they want ten acres of free land as he understands it. and there is the yearly subsidy that we would have to vote lo give them in order to satisfy Amendment I . Mayor Bums comnicnted that this is not a free lunch by any stretch of Ilic i1nagina1ion and Ilic last memo from Doug Clark. on June 24"'. says that MOA wants a finu panncrship with the City regarding annual operations and maintenance. They arc uncomfonable with this item being subject to annual appropriation. He pointed out that the onJy way you can have it. is subject to annual appropriation. if you don ·1 ha,'C a vote under Amendment I . So • he said. it is Ilic only way to go if you arc going 10 do that. Mayor Bums stated he docs not want to send a signaJ by his vote that he thinks that somehow you can aicgotiale a free ride oi11his or something that is not going to cost us so1ne anoncy . He opined that it is going to cost us a lot or aooncy . Council Member Habenicht said that she thinks it is imponam to recogni1.c that the Council has not met with that board. done any negotiation. or looked at any oclicr points of view. She opined that ii just really docs deserve a lot more thorough discussion . She said slic agrees with Council Member Waggoner that if something conlCS up down the wa~ that that would be the time to work toward it. . , • .. • • 0 - • l:.n&lewood City Council July 7, 1997 Pap:22 '· • • • , Mayor Bums asked what the time limit is on this . City Anomcy Brotzman stated that if Council is going to have this on this November's ballot they need to do first reading tonight . Council Member Waggoner said he is not sure we need to have 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. that is going to be a people draw for that area. Now. he noted. if it is MOA then fine . TIie)• may have to take a lillle more of the responsibility. But. he said. he would guess he is not ready to put it on a ballot iSSIIC yet, when you know dam well something like this will not pass . He said he does not sec it passing at all . Council Member Waggoner Slated that he thinks it is wrong to put it on the ballot . He maintained that if you put it on the ballot you have essentially killed it . you couldn 't 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 to read Council Bill No . 67 by title : COUNCIL BILL NO . 67. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT ntE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AtrrnORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATIONS SUPPORT FOR THE 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 Nabholz. Vonnillag. Habenicht. Waggoner. Bums Motion defeated. (ii) City AnonlC)• Brot1J1ian presented a recommendation from the City Allomcy and the Dcpanment of Financial Services to adopt a bill for an ordinance placing a question on the November 4. 1997 ballot regarding Section 32 of the Englewood Home Ruic Chaner regarding Powen Expressly Withheld from Council . City Allomcy Brot1.ma11 explained that this issue was identified in the recall procedures by the citizens committee that ca,nc fom-ard on tliat issue. What came out of that. he advised. was that a unanimous VOie of Council was required under that scction . that is impossible and wliat Council has is the language discussed at Study Session. which was Council Member Waggoner 's recommendation . The City Clerk was asked to read Council Bill No . <,K by title : COUNCIL BILL NO. 68. INTRODUCED BY COUNCIL MEMBER WAGGONER 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. 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 where the penalt y or penalty clause is or what action can be taken . if there is a violation by a council person regarding Section J2 . Council Member Brotzman advised that ' < \, • • 0 , • ]- Ell&kwood City Cooncil Jaly 7, 1997 Pa,.e 23 ,, • I' • • r. there arc two actions. One is the action taken in the case at hand, which was the recall of Council Member Hathaway. He stated there are also criminal violations for violations of the Chaner for misconduct. Council Member Wiggins asked who those charges will be brought by . City Attorney Brotzman said that actually the District Attorney 's Office would bring those. Council Member Vormittag 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 proscc:utc a a,uncil member for a criminal violation, which is interference. So. Mr. Vormittag said. it would be clone in an outside coun. Mr. Brot7.man said that is com:ct. Council Member Vormittag asked what the law is today . City Attorney Brotzman advised that that is cumntly available under the Chaner u it now stands. Criminal prosecution can take place under the cumnt Chancr. you have the impossible language and you have recall . He stated that all this does is remove the language that is an impossibility currently. Because. Mayor Bums noted. you would never gel a unanimous vote of Council . Vokretults: Motion carried. Ayes : Nays: Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (iii) Director Gryglewicz prescllled a recommendation from the Dcpanmcnt of Financial Services to adopt Council Bill No. 69 placing a question on the November 4. 1997 ballot regarding an increase in maximum total pension benefits for .. old hire" firefighters . Director Gryglcwicz noted that they just discussed this in Study Session. He said this ballot issue would allow the City to incur a multi-year obligati~n to increase the maximum total pension benefits for current old hire firefighters from 65% to 74% of monthly salary . He advised it is estimated that this will cost a present value of $485.lKlO and the cost would be amoni,.cd over 24 years at an annual cost ol $50.000 which would be included in the propcny tax levy of the propcny owners in the City of Englewood. Council Member Habenicht said ii is her understanding that our firefighter's old hire and new hire have pension benefits that are similar or in excess to those of our other cmploycc groups . Because ol that. she Slated. she feels una>mfortable about supponing this. Ccnainly. she said. the petition process. if they wanted to do that to increase that . seems rcasonablc . But . she opined. at this time she does not think it would be appropriate to suppon that for one employee group O\'Cr another. Mayor Bums asked Director Gryglewicz why the proposal is increasing ii from 65"1. to 74"/e. why that particular percentage. Mr. Gryglewicz referred Council to a Mercer repon in their packet . He stated that on page one. Planned Provisions. Study One. which basically this increase 1s to provide a 2"!. of monthly salary for each year of service aner 20 years up to a maximum of 74% of monthly salary. Currently, he noted, it is 1% after 20 years . So what it docs is increase the maximum a firefighter would cam in pension to 74"1.. So. Mayor Bums said. it just extrapolates the 24"1. ir you do a 2% monthly increase. Dircclor Gryglewicz said that is right. Council Member Waggoner said rigbl now. with all the other expenditures that we arc looking at . that he has a tendency not to increase the propcny lax for this specific purpose at this time. Council Member Habenicht asked for a point of order. She asked what happens if nobody moves this. City Attorney Brotzman staled ii dies. Mayor Bums noted Council docs not have comment from the audience at this point. •, .. • • 0 , I Ea&tewood City Cooncil Jaly 7, 1997 Paae24 . ' • • • \, Council Member Nabholz asked if this could be tabled for fun her discussion. Mayor Bums said yes. City Attorney Brotzman explained that this is the meeting to put things on the ballot. So. he advised. that what they are basically doing is saying that you will look at it next year. if you move to table ii . Mayor Bums advised that he is on the Fire Board and he voted against this at the time. ADOPTION OF COUNCIL BILL NO. 69 DIED .FOR LACK OF MOTION. (iv) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt Council Bill No . 70 placing a question on the November 4. 1997 ballot regarding an automatic cost of living adjustment for the pensions of currently employed .. old hire .. firefighters. He advised that this is another enhancement to current benefits for current old hire firefighters. He said it is an automatic C05I of living adjustment. the CPI or J"le. whichever would be less. 1be current present value of this benefit is $2 .J million and would be amoni1-Cd over 24 years at an annual C05I of$2SO.OOO . Council Member Waggoner asked if$2Sll.l1CKI is about one mill propeny tax levy . Director Gl)•glewicz agn,cd it is about one mill . Then. Mr. Waggoner said. that is about what this would cost . one mill . for all the properties . Director Gl)•glcwicz said yes to all the propcny owners within the City 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 was four to two to refer ii to Council. He said as he remembers. on both of these he was very unfamiliar with these two issues at the time they came up and that was the reason why he did not vote for it at thlll time. But. Council Member Wiggins said. in the interim. still being on the Board, he asked what his feeling is at this point. Mayor Bums noted that on an annual basis this is considerably more than the one Council just didn '1 pass. He stated this is difficult. because as he 1nentioned before at Study Session. we have ten potential ballot issues. now nine for the City of Englewood alone. Plus. we have the RTD Guide the Ride Program tax and other things ou thc ballot . M.lyor Bums said he has a concern of how man)' different kinds of financial tax matters we can have on the ballot before we get taxpayer rcwlt. So. he said. he thought in lieu of his last VOie he would probably ranain the WIIC. c:ou.:il Member Habenicht said she thinks maybe it is imponant to recognize that ma}1le we need to look. CM:r" the ne~ year . at the pensions for old hires. new hires and take a look at it. if there is some real coac:cm there . But. she opined. at this time. lo do this on the ballot. jusa doesn '1 feel right 10 her. Mayor Bums said lie wanted 10 say lie is not againSI the whole idea of a C05I of living increase for them . He opined they shouldn ·, Just drop the whole subject if they arc 1101 going 10 pass this. He fell Council could revisil ii and sec if Ilic budgeling and balloting next yc.ir is going 10 be difTercnl from this year. Which. he noted . is a n election yc:ar. "1aich lie felt. lends lo gc1iera1e more ballot issues anyway . He reiterated he is not :igainst the whole idea. he is not against con1in11ing to study this. Council Member Nabholz said thal regardless of how many ballot issucs lliere were in November. she thinks this is something that really needs lo be looked al and addressed. She staled she feels our fire dcpanment is a \'Cl)' irnponanl entity of 1his City a nd slie would appreciate looking at ii closer ne~ year. ADOPTION Of COUNCrL BILL NO. 70 DIED FOR LACK OF MOTION. (v) Ci1y Attorney Brown.111 presented a recommendation fron1 the City Anomey 's off'tee to adopt a bill for an ordinance placing a question on the November 4. 1997 ballot regarding popular clcction of the Mayor. He advised that this issue again is the election of a ceremonial mayor. . , • • • 0 ,_ I ]- - • • l.•&lewood City Council l•ly 7, 1997 Pace 2!I <. • • t• • One of the at-large positions. becomes the Mayor's position . He noted this ordinance still contains, as a qualification to become Mayor. that you must have served two years on the Englewood City Council . 11ae City Clerlt was asked to read Council Bill No . 71 by title : COUNCIL BILL NO . 71. INTRODUCED BY COUNCIL MEMBER HABENICHT A BlLL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF TIIE 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) M -COUNCIL BILL NO. 71. Council Member Wiggins referred to where it says. in the whereas. a person would have to resign office in sufficient time to allow election of their position . He asked City Attorney Brotzman what is the time frame that one would have to resign as an at-large candidate. or a district person . to nm at-large for Mayor. City Attorney Brotzman advised that that may vary as some of the election laws change. which is why they left it a little vague . But. he advised. as soon as the council packets go out. that a council person would have to declare at that time. so you have an open. vacam scat . He stated that way you won 't 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 out. that 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 Vonnittag asked when they come out now . City Clerlt Ellis advised July 1 •. City Attorney Brotzman said that is when they would be making their declaration . Council Member Vormittag asked if you would have to resign your scat to nm for that position . City Attorney Brotzman said that is correct. Mayor Bums asked ir you arc in a second tenn and you arc half way through . you resign. you stan the term limit . if there is still a tenn limit. O\'Cf again. by running for mayor . City Attonicy Brownan said the mayor would be a new position. it is separate. so C\'el)1hing stans over. But . Council Member Waggoner said. there wasn't a two ICml limit 0t1 this. He asked if 11111 is true. City Attorney Brotzman advised that this one still has 1en11 limits. tenn limits apply to this ordinance . Council Member Habenicht said if you are half way through a tenn and you decided to run for the mayoral position. you wouldn 't vacate your scat until the time of the clcction . She asked if that was right . Council Member Waggoner said you would vacate it in order to run . City Attorney Brotzman concumd. Council Member Wiggins commented that that would leave the Council shon . how many memben? Council Member Habenicht said it was her understanding you would vacate the scat for the purpolCS of having that seat elected . City Attonicy Brotzman said she was saying when do you actually leave the scat . Ms. Habenicht said that is right. Mr. Brownan said that is a good q11CS1i0t1 . Council Member Habenicht said she would like to move to amend that so they wouldn 't be in the position where the Council would have to temporarily appoint somebody. that that person would indicate: their willingness to run and they would be vacating their scat for the pwposcs of the election . So that . she said. if they would be clccled ma)·or there would be an election either way. But . Mayor Bums noted. if you are c:lc:ctcd mayor and you haven 't vacated your other scat . )'OU take a new scat and the other seat is open . So then. he said. you have: to have a sublequc:nt election to fill the seat that was vacated . Council Member Habenicht SlalCld lhal is why there would be an election for that scat . She said . for instance . right now she 's in the middle of her tenn. and she would say she wants to nm for mayor. Ms . Habenicht said that means she would vacate her seat for the next two years so that that would come up for election in November. if she made: that declaration . Council Member Wiggins said then if )'OIi lost the election you would be olT your seat . . , • .. • • 0 • • , Ea&tewood City Council Jaly 7, 1997 Pqe26 . ' • • I• • ,. Council Member Habenicht said yes. ir she loSI lhe elcclion she would be olf her seat and off the mayor's IIC8l And, she pointed out. there would have been the opponunity 10 elect somebody 10 thal vacated seal. Mr. Wiggins noted that is not the way ii reads . Ms. Habenicht said that is the way she understood ii and she would like lo ask that that be clarified. Council Member Vonnittag asked ir that would only be good for two years. Mayor Bums said ii is a four year tcnn. City Attorney Brot7 .. man advised lhal the person that gets elected would ha\'c a two year tenn. So, Mr. Vonnittag said. instead or being appoinlcd for lwo years. you would be elected for 1wo years. City Attorney Brotzman said whal you want then is for that person 10 be able 10 sil from July 10 NcM:mber . Council Member Habenicht said yes, on the City Council. Mayor Burns said he is still not sure he understands. He asked ir there is an election going on al that time for that seat . Council Member Habenicht said right . but lhal person cannot run for 1ha1 seal . Mayor Burns said he understands. City Clerk Ellis commenlcd lhal . in 1hc whereas. ii 1alks aboul vacating, but under 23 all it says is you have lo indicate you are a candidate. She said. that language indicates to her. that that would not be vacating the seat . She asked City Attorney Brotzman if he agreed. Ms. Ellis opined ii just indicates their intention needs to be staled. Mayor Burns asked ir you can do that. ir you can vacate a seal and still sil in it . wilh an election going on at the same lime. City Anorney Brotzman said sun:. for these purposes. Council Member Clapp commented she is having 1rouble with this two year minimum. She said she does not know why that is ncccssary . The way this is wrinen. she noted. is would be a requirement that you serve on Council for two years. Ms. Clapp stated she docs not agree wilh that . She said ir they are going to have the two year requirement. they might as well leave it the way ii is. She said that is just her personal opinion. Council Member Habenicht asked ir she wanted to amend 1ha1. Ms. Clapp asked ir they arc amending it anyway . Council Member Habenicht said that. as she understands ii. the \'acalion does 1101 mean you have to leave the scat. City Anomey Brotzman said that is correct . So. she said. 1ha1 was the way she was understanding it. Mr. Brotzman said that is correct . Council Member Wiggins said he wanted to offer another esamplc. 1ha1 his 1enn is up for his district and the mayor is up for this lime. He would resign righl '"'"'· effective July 1 • when the packets came out and he could run for mayor. Mr. Wiggins noted what he is getting at is basically there is no scat available then, except his seal is vacant. but he is only going for 1nayor. So 11181 would make his seat available for election, or ii would be at 11181 time. City Attorney Brotzman said 11181 is correct . Council Member Wiggins stated lhe other thing thal gets him, is 11181 right at the very beginning it says "for ceremonial purposes often called upon 10 rcpn:scnl the Cily ... Mr. Wiggins advised that he talked 10 aJI of the past mayors that arc still ali,·e and tllC) all came from districts. he said he thought Jim Taylor was the last one 1ha1 was at-large. He said you go down 10 George Allen. Gene Otis. Susan Van Dyke. Sheri Gulley and now Tom Bums and himself. Council Member Wiggins stated he doesn '1 know or one of them that 113d a problem or an)"OIIC sa ying anywhere 1ha1 lhcy were 1io1 properly rcpresenled per se by the mayor. He noted 11181 )'OU look down in tlicre and ii says the mayor pro tem will be elected by Council and yet , he pointed oul, Ilic mayor pro lem will do Ilic same duties as the mayor. Well then, he noted. they should rcprcscnt the Ci1y as a wliole 100. tlicn the 1riayor pro tcm should go up for election. ir that is the case. lie .ipincd it is mass confusion. 11181 iftlic thing is11'1 broke ... he said he doesn't see where the problem is . Council Member Wiggins staled the ci1ii,ens arc being represented . He said he thought Mr. Clayton said ii pretty well earlier lhis C\'Cning. that we have a responsibility for everybody and we repn:senl them. He said as lie looks at it. \\'hat if you get a mayor in here that si,c other people don ·1 get along with . If you l~1ve an unpopular mayor. you can 'I do anything. bul the people could recall them, ,,, ~ • . " • • 0 J - ]- Ea&tewood City Council July 7, 1997 Page 27 ·, <. • • • thal's Ilic only lhing thal can be done. bul lhe resl of Council can'I work wilh him. Council Member Wiggins opined lhal the system has worked line as ii has been over lhis period of lime. He said he has had no one make lhis an issue or commenl aboul ii . lhal lhcy fell lhe need 10 change to a popular eleclion. He said he lhinks they should dcfcal ii. Council Member Clapp said she has heard people waming an clecled mayor. bul her underslanding of thal is more of a strong mayor/council form of government Bui. she noled. I his Council. al a S1udy Session. clearly did nol support lhal and she said she rcspccls lhal. She suggested perhaps lhe people in lhc community. and Englewood as whole. need lo look al lhal. review ii and decide if 1hcy wanl lo pctilion that or rcvisil that again. She said she just docs 1101 feel lhal this piece is exactly whal people arc looking for al this lime. Mayor Burns recognized there was a rnocion. he did11 '1 hear a second and stated: THE MOTION DIED FOR LACK OF SECOND. (vi) Cily Allonicy Brolzman prcscnled a recommenda1io11 from 1he Cily Allorncy's Office to adopl a bill for an ordinance placing a question on the November 4 . 1997 ballol regarding 1he removal of lenn limils. Mr. Bro11.1nan advised lhal I his removes lhe current paragraph under Scclion 22 of the Cliarter 1h:11 requires 1he 1erm li111i1s lhal arc presently in place. Council Member Wiggins reminded Council lhat . back in 1991. lhe vole in Englewood was 124710 S49 in favor of 1enn limits. He said Council Members arc replaceable and lhere arc people in Englewood who are better or equal and who can serve the Cily well . He opined llial lwo Icons are sufficient and he will noc support lhis one. The Cily Clerk was asked 10 n:ad Council Bill No . 72 by lille : COUNCIL BILL NO. 72. INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITIING ro A VOTE OF THE REGISTERED ELECTORS OF TIIE 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 MEMIER HAIENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ri) • COUNCIL IILL NO. 72. Council Member Habenicht stated 1bat she respectfully bean Council Member Wiggins' commcnlS abou1 the last vote. She said lhal the subjecl of lcrm li111i1s •• dilCUSSCd al lhc CML Conference. which she aucndcd. Four lo eighl years ago, lenn limits was lhc lhing 10 do . she said. IMII more communities and more people are recogni7Jng thal lhcrc arc some real problems •-ilh 1crm limils. Ms. Habcnichl said she feels ii is impona111 10 give lhe vOlcrs an opponunuy 10 reaffinn 1lia1 or 10 change 1heir minds. Council Member Clapp staled 1ha1 she docs nOI feel she can suppon 1h1s She feels 1hc people spoke. and thal she personally has IIOI heard a whole IOI on 1em1 limns. She added 1ha1 she suppons 1em1 limns. Mayor Burns said he has no1 had anyone 1ell him lhcy would like 10 l'Clnovc 1enn limilS and he docs noc sec any reason 10 have a1101her v01e when lhere was such a huge majorily a few years ago. Council Member Nabholz agn,ed. adding llial you liave your alloucd lime 10 gel in and do your job. She said ii i5 also Council's duly. as Mr. Clay1011 said. lo line someone up 10 lake over. • • 0 - - • 1.n&lewood City Council July 7, 1997 Pace27 <. • ,. • • that's the only thing that can be done. but the n:st of Council can't work with him. Council Member Wiggins opined that the system has worked line as it has been over this period of time . He said he has had no one make this an issue or comment about it . that they felt the need to change to a popular election . He said he thinks they should defeat it. Council Member Clapp said she has heard people wanting an elected mayor, but her understanding of that is more of a strong mayor/council form of government . But. she noted, this Council . at a Study Session, clearly did not support that and she said she respects that . She suggested perhaps the people in the QOIIUllunity, and Englewood as whole, need to look at that. review it and decide if they want to petition that or revisit that again. She said she just does not feel that this piece is exactly what people arc looking for at this time. Mayor Bums recognized there was a motion, he didn't hear a second and stated : THI. MOTION DIED FOR LACK OF SECOND. (vi) City Attorney Brotzman presented a recommendation from the City Attorney's Office to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding the removal of term limits. Mr. Brotzman advised that this removes the current paragraph under Section 22 of the Charter that requires the term limits that arc presently in place . Council Member Wiggins reminded Council that. back in 1991. the vote in Englewood was 1247 to 549 in favor of term limits. He said Council Members arc replaceable and there arc people in Englewood who arc better or equal and who can serve the City well . He opined that two tcnns arc sufficient and he will not support this one. The City Clerk was asked to read Council Bill No. 72 by title: COUNCIL BILL NO . 72. INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITTING 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 DELETING TERM LIMITS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APl'llOVE AGENDA ITEM 11 (a) (rl) -COUNCIL BILL NO. 72. Council Member Habenicht stated that she respectfully hears Council Melllbcr Wiggins' ClOIIIIIICIIIS about Ille lall vote . She said that the subject of term limits was discussed al the CML Conl'ctcnce. which she lltellded. Four to eight years ago. lenn limits was the thing 10 do. she said. but more communities and DICft people are m:ognizing that there arc some real problems with term limits Ms . Habenicht said she feels ii is imponanl to give the voters au opportuniry to rcaffin111ha1 or to change their minds . Council Member Clapp stated that she docs not feel she can snpport this . She feels the people spoke. and that she personally lw not heard a whole lot on renn limits. She added that she suppons tern, limits . Mayor Bums said he has not had anyone tell him they would like 10 remove term limits and he docs noc sec any reason to have another vote when there was such a huge majority a few years ago. Council Member Nabholz agm,d. adding that you have your allotted time 10 get in and do your job . Sile said it is also Council's duty, as Mr. Clayton said. 10 line someone up 10 take over. •. . ' •. .. • • 0 ]- • l.a&lcwood City Council J•ly 7, 1997 ... 21 '· • • • Mayor Burns said it would help to promole leadership programs in the <:0mmuni1y, which we really haven't been doing that well. He said be apprcciales lhc Chamber of Commerce laking an active role in that, too. Council Member Waggoner said he docsn '1 1hink we have even asked lhe Chamber how they would look at it. Mayor Bums said not this panicular issue. just I he leadership program . Council Member Habenichl shared lhal a 101 has been said abo111 1hc leadership program. The Cily 1ried to get that and really worked on ii two years ago. she said. and opined thal lhe Cily is laking a bum wrap. because a lot of people worked on that. She noted several of us worked wilh Kelso Kelley. whose idea it was to put ii 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 011 ii for al leasl eighl years. It has only been recently that we have been able to get some suppon from the rest of Council and the <:0mmunity. Mayor Bums agreed . He said Mr . Kelley championed a very successful similar program in Lakewood before he came to Englewood. Unfonunately, because the bank cha11ged hands, his position was eliminated. It was tougher 10 get Ibis done in Englewood inilially when he worked on ii. he said. Council Member Waggoner said he feels the people should really have lhe choice. They have lhe choice. if a council person is not doing a good job. Ibey have lhe righl 10 recall . He said the opposi1e should be true also . If person is doing a good job. Ibey should not be lhrown oul because of 1enn limi1s. he said . 1be people oughl 10 be the voice of who is going to serve 1be111 as 1heir rcprcscn1a1ive and 1enu limits docs not allow thal clloice. For that reason. be said. be will suppon the council bill. Council Member Clapp said she is going to change her \.'Ole. not lhat she does not suppon tenn limits, bul she will suppon going to the people . Ayes : Nays : Motion defeated . Cowlcil Memben Habeaichl. Waggoner. Clapp Council Membeni Nabhob. Vormittag. Wiggins. Bums (b) Appl'O\•al of Ordinances 0t1 Second Reading (i) Dim:tor GryglewicL pn:ICftled Council Bill No . 40 reprding the Fin:figlllcn 20% Supplemental Disability. He IOld Council that this bill for IA ordinance has beea befOR 111cm previously. This mi non IA ontinana: thal "115 passed for the police offic:er section of Ille CIOde oa May 19"' of this year. and. he said, •atrrcoommends passage at this lime . 1be Firefighlers' Pelllioa Boanl may propose changes ol its own. as it is going to meet lhis week to discuss this. If Council decides It a later date that those changes should be made. he said. another ordinance can be proposed . Responding 10 Mayor Bums. Mr . Gryglcwicz said 1his is just an ordinance. not a ballot issue . Council Member Wiggins said we ha\'e pul 1his off because Mr. Sc;1y spoke to Council . He coimncntcd thal this ordinance proposes standards, for dc1crmini11g whether a fircfighler is pcnnancntly disabled. thal are in line wilh those imposed on police officers . Council Member Habenicht said the pension board asked 10 meet with Council in a Study Sasion 10 discuss this and thal has not been accommodaled. and. 1hcrcfore. she does not feel it is appropriale to vote on it now . •. . , •, • • 0 --- • • • h&lewood City Council .July 7, 1997 Pqe29 COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 11 (') (i) -COUNCIL BILL NO. 40. Ayes : Council Members Nabholz. Vormittag. Habenicht, Clapp. Bums Nays : Council Members Wiggins. Waggoner Motion curied. C) Resolutions and Motions Tbcrc wm: no additional n:solulions or mo1ions submillcd for approval . (Sec Agenda Item 10 -Consent Apda.) 12. Gwnl DiKIIFIII (1) Mayor's Choice I . Mayor Bums a,ngnllulalcd cvc,yonc who worked on the Founh of July cclcbralion. and ~ Council Member Vormiuag on 1hc dcdica1ion or the airplane . He thanked Mr . Vonniuag. and bis fldlcr. the officials who worked on this and lhe Colorado Loncry for lhe funding . He said ii is I pmty illlpleai\'C airpluc. The fimworts displa)' was very good and ii was a very enjoyable day. he added. 2. Mayor Bums said he has rca:.ivcd some calls aboul the RTD ncipborhood meeting the other aiglll OIi Maripcm . He said &lacy wen: maillly cngi.-ring ques1ions in the prufilc of lhe fly over for lhc lipl rail line 111d cnhalcc_..., for die RID •op in CindcRlla Cily . He said lie lllldenlands there will lie --ial'onllllion pn,vided ... dial 111d lie said lie is illlClalcd ia IIClriag -111ou1 ii allll. II is I W of raDM1111C1111C of tllc ialCI widl 111c ........ wllo -_. ... IIICir view• ii wiU lie IIIIICI to U\'C I iJUow up on Iha&. lie aid. 3. Mayor a.. ca11•c•ad • die iaipMiall ofOly M-., Dolls Clalt. He said dlis-• ... dillc:ull dlia& to., lluaap ... ii --........... lie-ill pal IUppOfl of. He said lie 1111 talral willl cx--,on. _.. peaplc 111d c:ilil.al • Im iasnid qllilc I llil of alarlll l'RIIII 111cm .._ 11111 • tllc fillaN of Ille Cily • Ciacleldla City . He aid lie llllpCI dlll ICIIIIC of dlis allra wiU c:alm dDwl after I wllilc: 111d added lllal ii is imporlllll b • to -,we allclld . Mayor Bans IIIICd dial be ._... l'RIIII dais tllll dlcn: me two dDcidedly lqllnlC pans to 111c jab of City MaMaicr . One is IO lie 111 adaililtnlOr wl IO adD1i1illcr ciglll depannlCOI heads and ~ cmployca 111d allclUl $65 million -,ah of blMflCli11g. and 10 do die day IO day wort of lhc City . The Olbcr pan is lhc aadividul relaliomhiP5 ~ die City Manaacr 111d lhc IIClllbcrs of Ille Council. Al our Council Mcalbcrs ha\'C said in lhc praa. ii WIS I communicalion pn,lllcna with IIIOII of lhetn and lhat pan of die jab. ii appears. is jull • impcll1lnl • IIIY Olbcr pan. lflhll is a problem. lhc City Manqer's jab cu lie in jeoplnly jull the IIIIIC • iflllcy WCR badly muaai• die City . Ma,or Bunas said lie fads Mr. Clait did a lmically pod. IOlid. p1ofeai111al jab ror lhe City. but the -.,rily of Council had I piablcm with lhe pcrmnal ldalioalhipl and, be opined. 1h11 needs to lie tended• 111dl as anything dlC. Now. we lllllll lllCM on. he Slid. and dlcft llill are I IOI of very positive things going on in £nalcwood . He IIIClllioned thll be had I call today flam a iallor coagrahllating III on First Data. and has had commcnls on the illlpRWCIIICIIIS on Soudl Sula Fe . There is a general spiril of optimism. he Slid. with the Bl'OWllfidck Pnljocl. which was quite m awanl for the City or Englewood nationally . We have a IOI of .,ad 1hiap goi• for lhc City. he opined. and the IIIOII important thing is lo mainlain a positive 111i1udc becaUIC lhe peaplc arc willi• to., willl • on tbac things and they beck us . We just need 10 1110VC forward. he Slid. 111d move into our plan ror obtaining IIIOlbcr fflllllllgcr. 111d in lhe mcantimc. suppon our Slafl' 111d department heads. 111d die illleria IIIIJIIICI' ID that we can -" 1oecibcr. Ma,or Bums said he feds lllis pa • 111 opponllllity durilla dlil interim IO sil down • I Council and lllk about lhcK COIIUnunicalion pn,blcms. He ~ Council - bow they rclale to each Olbcr. how Ibey rclalc to lhe cili1.C111111d lhc ...-, ., 11111 llley can try to IMlid. ia die ftllurc. 1hcK prublclns that led 10 111 unfortunate C0111CqUC11CC in this cac. He said he is mll very • • 0 Ee&lewood City Council Jaly 7, 1997 Pa,:elO ·, <. • • • r optimistic and encouraged about the future of the City, and he feels this is a time or 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 Nabholz: 1. She thanked everyone in,·olvcd with the Founh or 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 lo allend the CML Conference in Snowmass. She submiucd her repon 10 Council. 3 . Ms. Nabholz said she needed lo schedule a Sindy Session. like Barbara Foul had discussed. with Englewood Focusing on Tomorrow (EFOT) and Council lo discuss teamwork in regard lo how Council can be a benefit and help with regard lo code enforcemelll . Council Member Vonnillag said he thinks we are going 10 be meeting with them on the 14•h 4. She said she will follow up with Mr. Stark on 2840 South Shcnnan Street. She said she looked al the propeny again and was under the impression thal ii was acceptable and things were fine . She said she will personally follow up on that one. 5 . She said. when Council makes assignments 10 boards or commissions. that she would very much like to be assigned 10 serve on one. City Allomcy Brotzman said that is scheduled ou thc 14"'. 6 . She asked for a stacus update on Orchard Place. Mayor Burns said 1ha1 is moving along. He spoke last week wilh Cheryl St. Clair. che new direccor. and she is systemacically looking al this whole siluation. including che residclll managers. he advised . He said he also spoke 10 Che legal counsel for the Housing Authorily, who is quice confidc1111ha1 chis is going 10 be resolved . Mayor Bums Slid he al11> talked to some oflhe lenants from Orchard Place and ii \\ill lake some lime. obviously. because it got lo be a serious problem. He e:q,ressed greac confidence in Ms. St . Clair. seating that she is an acxomplishcd professional. and Chai he believes lhis will be worked out Council Member Nab110l z asked whal lhe lime fra1ne is an1ieipa1cd 10 be. Ma)'OI' Bums said he feels ii will be a monlh or two, al least. but neilher he. 110r Ms. SI . Cla ir. are cenain how long ii will take. 7 . She commenced on che police response 1ha1 she had in her neighborhood on the Founh of July. She said Chey were Chere promptly and look care or the matter. She said she was very impressed. 8 . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS Sl:CONDl:D, THAT THE CITY COUNCIL ACCEPT THE RESIGNATION OF DOUGLAS A. CLARK AS CITY MANAGER EFFECTIVE JULY 7, 1997, IN ACCORDANCE WITH THE RESIGNATION AGREEMENT. Ayes: Council Members Na bholz . Vonnilla g. Habenicht. Waggoner. Clapp. Burns Nays : Council Member Wiggins Motion canied. (ii) Council Member Vonni11ag : •. . ' • . .. • • 0 - ]--- • • • • • ·, '· ... Ell&lewood City CCNancil JIiiy 7, 1997 PqeJI 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 VORMITIAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION WITH BOB SIMPSON, CHUCK ESTERLY, STU FONDA, JERRELL 81..ACK AND CITY ATTORNEY BROTZMAN FOR A REAL ESTATE MAITER IMMEDIATELY AFTER THIS MEETING HAS BEEN ADJOURNED. Motion carried. Ayes : Council Members Nabholz. Vormittag, Habenicht, Waggoner. Clapp, Bums Nays: Council Member Wiggins (iii) Council Member Wiggins : I . He asked that Code Enforccmenl check the weeds al the northeasl corner of Huron and Belleview . He said it is a continual. annual occurrence at that corner. and. ii is his underslanding that Code Enforcement is going 10 get tough. If 1ha1 is the case. none of this warning jazz. he said. cite them immediately. 2. He commented that wc have this nice new highway down there at Santa Fe. and he noticed that. apinst the median wall. the debris accumulalcs there. He asked Director Esterly if that is strictly 10 be sMpt by the State, or can wc take a sweep down there once a month or so . The junk that accumulates there, he said, really looks terrible for such a new highway, and he wonden:d if they would allow the City to run their sweeper down there al around two in the morning. when there isn't much traffic. Direccor Esterly responded that he will look inio it. He said the Stale does not object to the extra sweeping we provide on Highway 2BS . Santa Fe is a different classification of roadway. so we will need to cbcck 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 takeo care of. 3. He said there was IOIIIC(hing in Council's packets about llooding at l~ South Corona . He said he thinks that wtlan drainage might do __.hing in that ara and, since they derive funds from our an:a. we ought to pursue having them find ranodies ror thole people ·s problems there if polliblc. 4 . He thanked Jerrell Black ror handling a problem about the ball field ligbts being on at Belleview Pait. He said he mentioned it to Mr. Black a while blldt. and he toe* the bull by'the llorm 1111d he reaolYed it. He thanked Mr. Black for an exc:dlcnt job. S. COUNCIL MEMBER WIGGINS MOVED TO TAKI STEPS TO BEGIN 111E .. OCISS OF SEEKING A NEW CITY MANAGER. WHATEVER PROCEDURE 111AT TAKES. Council Member Vormillag asked if this would be a Study Session where we would see where we arc going to go wilh it . Mr. Wiggins said wc haven '1 taken any steps 10 do anything and now we have no City Manager and we need to replace him . Council Member Habenicht said she feels ii would be important at this time to appoint an interim Cily Manager. Mayor Bums said we have a motion first . He asked if wc want 10 change interim managers first. Council Member Wiggins said it doesn't make any difference to him . Council Member Vonnillag asked if he could also make a motion to go into Executive Session to disam a personnel mailer and then wc could take ii up wilh the Cily Allomcy . •. . , .. • • 0 ]- ]~ • • Easlewood City CINlncil Jaly 7, 1997 Pa,:el2 .. • • • ,. Mayor Bums said wc will take these one al a lime. 1ha1 Council Member Wiggins made the fil"SI motion, which is to initiate a process 10 select a new City Manager. Council Member Habenichl said she would ralher sec ii pul on lhe next Study Session 10 discuss what kind of process wc want lo use . Mayor Burns asked if WC need a lllOlion . Cily Allorney Brotzman said WC will pul ii Oil lhc next Study Session . COUNCIL MEMBER WIGGINS WITHDREW HIS MOTION. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, THAT CHARLES ESTERLY BE APPOINTED INTERIM CITY MANAGER, EFFECTIVt: JULY I, 1997. Ms. Habenicht said lhis is nothing against Siu Fonda. II is just lhal he has indicaled 1ha1 he does not have the time to devote lo ii righl now. Mayor Burns added that Mr. Fonda was appointed 11111il July 1411o. unless someone else was appointed in the meantime. Voterewltt: Motion carried. Ayes : Council Members Nabholz. Vonniuag. Habenichl. Waggoner. Clapp, Burns Nays: Council Member Wiggins Mayor Bums asked Council Member Vormillag if he had a mocion. Council Member Vonniuag said he had a motion 10 go i1110 Exccu1ive Session 10 discuss a personnel matter with lhc new interim City Manager allot11 maybe some of the pnx:edurcs. unless they uc ROI ready to discuss what they want lo do and how lhey want 10 act on this and who is going lo be in charge of ii . If they an: ROI ~ IO discuss that. he said. he could withdraw the motion. Mayor Bums said wc could suggest 1ha1 he join the Executive Session . Mr. Fonda said wc could discuss it. but he is ROI sun: wc have really come 10 any ainclusioc11 yet. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION RIGHT AnER THIS MEETING TO DISCUSS SOME Of' 111E PLANS OF HIRING A NEW CITY MANAGER. Ayes : Council Members Nabholz. Vormillag. Clapp. Bums Nays : Council Member Wiggins. Habenicht. Waggoner Motion carried. fNote : Cily Auorney Brolzman advised. under Cil) Auomcy·s Repon . 1ha1 as Council Member Vonniuag 's mo1ion 10 go inlo excculil'c session only passed by a 111ajori1y. I hey may not go into executive session on that mauer. He advised lhey need a 1wo-1hirds vote. Sec page J4 . I (iv) Council Member Clapp: I . She lhanked everyone involved in lhe Founh of July Celebration. She said she enjoys it a linJc bit more each year . •. . , • • 0 ~-City COMIICII .hlj 7, 1997 ... » <, • • • 2. She said this is a WI)' approprialc lime to move forwanl poaibly with this audit of the manqerial llnlC:tUrC. of City Hall Clpllcially. now that we will be lookiDa for a rep1acancn1 in we•• -t. The timing is appruprialc, she opined. and Ille w.ld lilre IO purwc that. 3. Sbc said EFOT on the 14.., is wonderful and invited the Cluunbcr ofComlllCRle to QOIIIC along. SIie said they -.lei be a nice aae1 to the Code Enfonlcalcnl diacuaion. 4. She said she would like 10 address a dcacl tree al Grant and Tufts. She said ii has been thcn:: for • ~ of,-n and is complclcly dead. She said this is for Code Elllol'ceac.1. 5. SIie llid lbc wauld lilre to bring to Mayor Buna' al1cDlion 1115l Ille RICIIMld a copy ofa leacr dlll wa ~ on doon at On:lllnl Place saying lhal. ifyw .... dlil door. you aR pills ID be evical. Slie llid Ille wauld lille llim 10 be cwaR of it and pleacc loak imo ii. Mayal-Bini aid lie can not imginc that ••ff _.Id pat any such thi• oa a door. Ms. Clapp llid it illlplicl lllllletbing like that. Mayor Burns asked what kiad of a door. Ms. Clapp said doon in On:hanl Place. Mayor Buna said he -.Id call Ms. SI . Clair in the ....;.,. (v) Council Mclllbcr'W...,.cr saiclticwasa,y be milled the Fourth of July celebration. (vi) Council Mcmllcr Habcnichl : 1. She cddcd her thanks to-,-no 11111d ..,.._.. to do with a11 of it Sbc said the ftmwuru display was one of the bca she has ever IOCII. She cddcd tll5l it gcvc her a pal clcal of pride to aec die cirplcnc cledic:alion in the .. it. SIie ........ Couacil Meallcr Vonniua, for all the WOik thll lie did. apilliag tlult WC walld not have hid this happen if it wen:a•t for hilD. She said it was a WI)' pnlllll -tor all. including the poaplc ha LcdJleed Mania no -w oa thcl millile 111111 gcvc it eo 111. She said it was a WI)' special event and one thal will p down in hiltor)· in Englewood for a IIXXIDd tiac. 2. She a*ed that the Pam• Rec:lalioll Conn · 11 · LW• look a1 this ICnnis light busiaaa. SIie llid lbc tlloupt wc were going to have 1.-oa the tennis c:ouns epic and that then:: had bocll a lot of peaplc amt11 for that. Ccnainly if then: an: h'Cr people playing tennis 11111 ulifll the CDUl1s it could poaibly be becaia they an: not lighted. she said. CGuacil Member Wigilll said we should remember the R . de tial people. Al Sinclair, he aid. die 111111k ofliallll wiU be right on tbolc apc,tallllS. • you hftc IObe c:aNIII. Collllcil Member Wqaoaa: said the Olhcr coneem was thal they wauld brcck the timcn. TIiey tried puaiaa coin machines on t1ict,; 1111d they -.Id lccvc the lipu on late. lie said. and then:: were IIWlal ........ ea..:il Mcmllcr Habenicht allowal thal maybe ii has bccll loollod al . Council Member w....,_, llid it could be Rvisitcd . Ms. Habenicht said Ilic would appn,c:iatc that. 3. SIie aid then:: WCR quite I few citil.CIII who Male in the pcpcr and aim plaenlod I comnN1nic:clion to Council Rpldina Corncrs&onc Puk. She aid sllc !llldenlaads tlult they an: at1ki1ta dlcl wc witllllold IIUlkiaa uy ......... to the dcwhp1n11 thcR. SIio said* Mllld lillc ID bow where WC aR OIi that and what the situction is. She said .. IIOliced tll$l WC aim hew I leaer Iha 5-1! s.llwllcn and maybe it is titnc IO lit 1Dwll and talk with tllam apin. . ' • . .. • • • • - -I • • • '· • 1h ... ., City c ... 11 lllly7,1997 ... ,. Ma,or Bums aid be n,cciwd a call f.-a board memllcr IOday and be iaviled them IO IClld a leaer, llecaae Ibey 1eC111 IO want IO raohc llllllC things. and llllllC citi , do, allD. TIiey tlloupl it was ~·-be said, tllal tbe lctlcn bad bClen IICIII. 10 perllapl it'lS U oppoll1IIIC liae IO talle it up. He aid be told tbe caller that WC ba\'C IO much on -plate that lie -.. -Mlell WC can .. to this. Couacil Member w...,_. poilllal out tbat a Idler fiulD DMc Lamlz was in Council's packcl. Mayor Buns said that was FQC1'111ec1 by tbe phone call this aa'lliag. DiW Silllpmll, ar~ Md BulUlas Dcvclapment, told Couacil that he n:icciwd a PD 911 liflaNa. He aid dais ii m ID be caal-9 witb tbe PUD. bec:allle tbe PD was -... pRICCII. In tbe ,-. we ,__.a review ar ..,_ pn,penies. be said. and it eaeaaially is a site plan that loab at die de\elq,menl artbal property wt this is a modification to that original site plan. Modilk:alioas wae dealt witb within tbe mning onlillllllCle lNlled on a certain ~ of criteria. whether Ibey should be admiaillnlliw: or whetber Ibey should ID back through the original process. He said his original °*"iNeudun ardlis was that it would be a millCN' modification. however. due to tbe polilieal aa1We ar this. it catainly bas tbe ability to be blllnped up to Planning Commission and City Council. At this lime. be said. be is-*iag diRIClioa. whetller 10 pmccss it administratively. or. irCOUIICil c'-to m-iew dais. COUNCD. MIEM8ER WAGGONER MOVED, AND IT WAS SECONDED, THAT THIE DQUEST 10 CHANGIE THIE PLANNED DIEVIELOPMIENT FOil CORNIEISTONE PAK H SU8Ml1TED, EVENTIJALLY, 10 THE CITY COUNCIL JOR Al'PllOVAL Mayor Bums albd if this bas to ID t1uoup tbe Planning C-rnillioa fi,._ Mr. SilllplOII said it will me to be rwieMd by the City Plaaail!l aad 1.onilla c:-u.ioa ud bas boell lCbeduled lJr Nlpll ,6, ~ what tbe YOIC ~ is toaighl . He said COllllcil ~ pralllbly see it by Scptcalbea. ll. Ayes: Council Members Nabllol7~ Vormittag. Wigins. Habenicbl. w.,..... Clapp. Bums Nays : NGK Adilll City Ma-., Foada did aat ba\'C any malten to bring before Oluacil. .... Cky "*"-1'• lte,en (a) City Anorncy BIOWIIIIII clarified that •• Oluacil Manber Vonaiaal's Matioa to., i-. exa:111iw: lellioll only paaed by a majority. they may not go into executive ICllion oa that llllller. He ad¥ilOd Ibey need a t-.chinls YOIC . (b) City Allorney Brownan requested that Cou11eil go into Executive Sellion followina tbe re,ular meeting iqarding litiption. Couacil Member Wigilll albd tllal this item be dilCUlled before the Giber item. COUNCD. MUIHR VORMITTAG MOVED, AND IT WAS SIECONHD. 10 GO INTO DECU11VE SISSION JOR LITIGATION APftR 11115 MIErnNG. Ayes : Council Members Nabbolz. VarmiUII, Wigias. Hllleaiclll. • • • J - ]-I .. ' E•aiewood City Council J•ly 7, 1997 Pqe35 ,, • • • Motion c:anicd . Waggoner, Clapp, Bums Nays : None • •••• r Mayor Bums told Council lhal Margan:c Carpenter. Chairman of DRCOO, sent him a letter requesaiag !hey appear and talk 10 Council about DRCOO issues. He nailed Iha! Roland Cole came clown lasl )'ear for a Study Session . He said Ms . Ca,pen1cr is making a similar n:quesr and we will figure OUI when we can wort lhis in . Council Member Wiggins commcaled lhal Ms. Carpenter docs a very good job of running a meeting. Mayor Bums agreed. 1.5 . Ad.Joa111a1e1111 • • 0 - -I • ... • • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 7, 1997 r 7:30 P.M. 1. Call to order. FJ:3'/ ~ 2. Invocation. w11~ 3. Pledge of Allegiance. ~ 4 . Roll Call. t2JJ '1 ~ 5. Minutes. ap,d ?-()a. Minutes from the Regular City Council Meeting of June 16, 1997. t)d-?~ t1r,eJ '7-0b. Minutes from the Special City Council Meeting of June 30, 1997.~· flJ?l).A (p--{ c. Minutes from the Special City Council Meeting of July 2, 1997. (A 7/(_(IBfrAI~; /J}Af#oll~) 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) Jr 1 ·11 .. ~ ....,.J!.:}'~~1.:Z."mltl ej ~u. v~~J'F'---_ ~ ,uvrw I a. e ~m'{,1:ta~ ~- . . ,1,, J. ,1 !,,-/ a. Don Bobeda~ the Englewood Housing Authority. ~:ML. ~l-'l.'1'JJ'1i,f./!J /)._. IL I b. Nancy H~ will be appointed to the Englewood Clean, Green and Proud ~ l/.2...'fpJ7-()Commi8Sion . /)J~ ~-1-6~ f'f'l-0 ~ Ji~~ to the Englewood 0owntown Oel,elopment fw-~'i-tlff'l -ldward Krueger wil be ruppointed to the Englewood Cultural Alts Commiuion.~ L),A ~ ,./ e . Michelle Lerman wil be appoilted to the Englewood Clean, Green and Proud k)IIOr /ft> tJffli?~mission . ~ ~/J,-t,~ "°'7~ Lundetw wil be f'NPl)Ointed to the Englewood Liquor Ucenaing Autw:rit-~ ,.....no1e: 1,au .... a n a . .-... ....,_.. .. .,,,.., ....... ._, .. ca,.,... ... (7'12-2405) al laaat 41 lloura In ---............. ......_ 1-* you. ' .. •· • 0 l - • • • • ·- (, City Council Agenda r July 7, 1917 Page2 ~t,?,-,..9.t Charles Redpath will be appointed to the Englewood Election Commission.~ 7r.7-o ·-n - IJ •• a~fpf h. Connie Sanchez will be reappointed to the Englewood Downtown Development ~' tr,d7..-{.)\uthority. ~ tJ • _ • ll,9 i. Janet Spangenberg will be reappointed to the Englewood Cultural Arts v'M' ~7-oCommission.~ ~ '70 j. Tim Stoner wiU be appointed to the Englewood Clean, Green and Proud 1'4'1-tlCommission. ~ ~ / ~7Jris Styes will be appointed to the Englewood Planning and Zoning Comrnisalon~ ~'l ;.._ "fi/>'1-Cay Tomasso will be appointed to the Englewood Cultural Arts Commission.~ ~tf-? 3 ,v,w 7~avid Warner will be reappointed to the Englewood Liquor Licenaing Authority~ ~'lt/ ~ 7 ?bga Wolosyn will be appointed to the Englewood Cultural Arts Commission~ 9. Public Hearing. (None scheduled) 1r 10. Consent Agenda. 8u Approval of~~'~°' ,10 "d~x) o;t''J-0 ~1-13-R~~romthe~~Fl~ ~rvicea to ~t a biU for an ordinance placing a question on the November 4, 1997 ~to·clecide H the City should keep revenuee thet pay for the servlce8 plwded to citizens without raleing existing IUel or adding new IUel. STAFF 80URCE: Frank Gr__. DINalDr' of Fle.,i:111 ....... ii. Councll -.... Recommendation from the Department of FiMncial SenricN to adapt a bll for an ordlnMce placing a quNtior'I on the Ncwanber 4, 1997 ballot of Eliglewood'a 1'9QIIIH9d elecml'a of Paving Dillrlct 38 regarding iaeuance of debt for impnMNnenls to the dletrict'I streets. STAFF SOURCE: Frank Gr, ....... DlrectDr of Fle•IGIII ..... ......._ iii. Council 8111 ti -Recommendation from the Department of Flnanclal Services to adopt a biH for an ordinance placing a quNliof'I on the November 4, 1997 balot amending the Cly Charter to allow the City to pay off the lut fflth of outstanding apedal Improvement dlatrlct bonds If that is a flnanclaly sound decision. STAFF SOURCE: Frank GrJll••ICI. DINctor or Financial SeMoN. iv. Council BIii II • Recommendation from the Departnwlt of Rnanclal Services to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot requesting laauance of debt for improvlmenla to the City's water system. STAFF IOU8CI: Frank Gly .... la, Dnotlor of PI.WIClal SemcN. ....._nala: 1,-....,.adl11llaa,811d ..... r T tlllll••rt111 ........... .., ..... , NII (712-MOI) ....... hours In .............................. ,... • .. • • 0 ]- ]- • • • • - ... City Council Agenda July 7, 1997 Page3 v. Council 811162 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the U.S. Environmental Protection Agency for Brownfields grant funding. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. vi. Council BIii 58 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with US West to cross City Ditch with telecommunications cable in conduit. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. vii. Council BIii 59 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #132. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. viii . Council BIii 60 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #133. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. ix. Council BIii 61 · Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with Brian Greenley for crossing the City Ditch. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. x. Council Bill 57 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct the November 4, 1997 election. STAFF SOURCE: Loucrlshla Ellie, City Clerk. • . ,· >• A,,.,.,a IJ•·L ·'"'· ~, .. rt ... ,.,.., ""'~--=.i.;- b. . ' App~I of Ordinances· on 'Second Reading. ~~~b ~~;i,· /;;;,-.. -~Jmllr rnJ:1-~J... /, .,.,-J Council Bill 54, approving a'} ;ncrea:se in Liquor License Fees in accordance ~ ?-0 the Colorado Liquor Code.()~ ii. Council Bill 55, accepting funding from the Bureau of Alcohol, Tobacco, and /J1Jf6!> ~" Firearms for a F•ral Gang Resistance Education and Training (GREAT) -,-,-.,. /-() program grant. w~ N-. J J_/1 I iii. Council Bill 56, approving a Connector's Agreement with Cherry Hills Village U tr-rJ't~lrl Sanita~ District.W~ UIA"t: PJltf,6,{)l.)E.R:) 1/T c. Resolutions and Motions. ,41..c.,/tE.ffS (!Ot i;ii;iii1-i11) '41£.,0. FILULD r~I~ ~~ 1 J , .• 11.. ~ i . Recommendation from the Department of Financial Services to approve a ~ -P resolution transferring funds and appropriating funds for Englewood's share liJ:JJ Ji) h.u)4__ ?-{Y...' the Cinderella City site environmental dean-up costs. STAFF SOURCE: Tf'v" Frank Gryglewlcz, Director of Flnanclal Servlcea. WAGGONER MOVED TO AMEND, IN THE TITLE & BODY OF THE RESOLUTION, TO CHANGE THE LANGUAGE FROM "CINDERELLA CITY SITE CLEAN-UP COSTS" TO JUST "CINDERELLA CITY SITE COSTS." PINN nole: It ,all have a dleallllly 81111 need__, aide or• u1a 11, pllaee nollfy .. Clly o111.-oac1 (782-2405) at 1eMt 41 hows In edvenoe al ..... ..._ .. ......_ 11-lk ,au. ' • • 0 ]- T • • c:ty Council Agenda July 7, 1997 ~age4 . . • ·. • • ~ , •• _JJ.. f/(-ii. Recommendation from the City Attorney's Office to adopt a resolution , (,/J{)--,r I..P concerning the exchange of property to Highlands Ranch Metropolitan 11~Jfl-O District No. 3, pertaining to Dr. Ohlson and~ ~:::l,~ )nterchange. STAFF rr SOURCE: Dan Brotzman, City Att.orney.vv7,.._,..._.,- Recommendation from the Parks and Recreation Department to approve, by motion, resurfacing repairs at the Sinclair and Barde Pa~rk tennis courts. rJf) /)0 Staff recommends awarding the bid to the lowest technically acceptabl I bidder, Mallot, Peterson, and Renner, in the amount of . AfF SOURCES: .,.,,..I Black, Director of Parka and Aecrutlon, and Dave Lee, Manager°' Open Spece. u~ iv. Recommendati9.(\JIQIJUl)e Parks and Recreation Department to approve, by h..b110JJ - dff/'7-{) motion, capff~eftt;>) ef the wood floor at the Recreation Center. Staff recommends awarding the bid to the low bidder, T & G Hardwood Floor Specialists, Inc., in the amount of $98,574.00. STAFF SOURCE: Jerrell Black, Director of Parka and RecrNllon. ~ 11 . Regular Agenda. a. Approval of Ordinances on First Reading. 1 O I IJ rfj j i. Council BIii 67 · Recommendation from the Department of Financial ,~ Services to adopt a bill for an ordinance placing a question on the November { ,,_ "~ . Ult • ,. • \ 4, 1997 ballot regarding financing for a Museum of Outdoor Arts at the rr ,,..5' EJ{,irv./-LM~ Cinderella City site. STAF.F SO.URCE: Frank Gryglewlcz, Director of /J/1=.0 t==OL Financial Services. /)J ~ . . ii.' ~ BIH 18 ~·Recommendation from the City Attorney and the Department ot Ftnancial Services to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding Section 32 of the Englewood Horne Rule Charter regarding Powers Expressly Withheld from Council. STAFF SOURCES: Dan Bluta,llM, City Alton-,.~ iii. Council BIii • • Recommendation from the Department of F"inancial Services to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding an increase in maximum total pension benefits for Mold hire" firefighters. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Semen. iv. LAC£,:, Of-~Ot1CU Council BIii 70 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding an automatic cost of living adjustment for the pensions of currently employed Mold hire" firefighters. STAFF SOURCE: Frank Gryglewtcz, Director of Financial Servk:N. Council BIii 71 • Recommendation from the City Attorney's Office to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding popular election of the Mayor. STAFF SOURCE: Dan Brotzman, City Attorney. ~ ill- .. • • 0 - • • • ·, • (. City Council Agenda July 7, 1997 Pages _ !:,-f vi. Council Biil 72 • Recommendation from the City Attomey's Office to adopt a ( A) . lf lrl,HaJ-1/0IM -.,bill for an ordinance placing a question on the November 4, 1997 ballot tf,6tlJS. t<W5, 111"\oegarding the remoyal of term limits. STAFF SOURCE: Dan Brotzman, City /P ~ Attorney.~ b. Approval of Ordinances on Second Reading. '?.,. , i. Council Bill 40 -Firefighters 20 Percent Supplemental Disability. STAFF ""-SOURCES: Frank Gryglewlcz, Dll'Ktor 9' F,lnanclal ServlCN and Martin ~/(.J~~)Semple,LaborNegotlalloMCounNI.~~ i8---~ c. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. City Manager's Report. 14. City Attorney's Report. Adjoumment. /;UJWS -Cf :c./5 f.lt, APP'D 6-1 NA8HOLZ MOVED THAT THE CITY COUNCIL ACCEPT THE RESIGNATION OF (NAY : WIOOINSI DOUGLAS A. CLARK AS CITY MANAGER EFFECTIVE JULY 7, 1997, IN ACCORDANCE WITH THE RESIGNATION AGREEMENT. APP'D 6-1 VORMITTAG MOVED TO GO INTO EXECUTIVE SESSION WITH BOB SIMPSON , (NAY : WIOOINS> CHUCK ESTERLY, STU FONDA, JERRELL Bl.ACK AND CITY ATTORNEY BROTZMAN FOR A REAL ESTATE MATTER IMMEDIATELY AFTER THIS MEETING HAS BEEN ADJOURNED. APP'D 6-1 HABENICHT MOVED TO APPOINT CHARLES ESTERLY AS INTERIM CITY (NAY :WIOOINSI MANAGER EFFECTIVE TOMORROW. APP'D 4-3 VORMITTAG MOVED TO GO INTO EXECUTIVE SESSION (NAYS : WIGGINS . HABENICHT . WAGGONER> TO DISCUSS A PERSONNEL MATTER WITH THE NEW INTERIM CITY MANAGER TO DISCUSS SOME OF PLANS OF HIRING A NEW CITY MANAGER RIGHT AFTER THIS MEETING. CITY ATTORNEY BROTZMAN CLARIFIED THAT AS MEMBER VORMITTAO"S MOTION TO 00 INTO EXECUTIVE SESSION ONLY PASSED BY A MAJORITY THEY MAY NOT 00 INTO EXECUTIVE SESSION ON THAT MATTER. HE ADVISED THEY NEED A TWO-THIRDS VOTE. APP'D 7--0 APP'D 7--0 WAGGONER MOVED THAT THE REQUEST TO CHANGE THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK BE SUBMITTED. EVENTUALLY, TO THE CITY COUNCIL FOR APPROVAL . VORMITTAG MOVED TO GO INTO EXECUTIVE SESSION FOR LITIGATION AFTER THIS MEETING. I • • 0 ]- - • . " ·, • <. PUBLIC COMMENT ROSTER AGENDA ITEM 7 illON,8CHEDULED vt81TOR8 DATE: JULY7, 1117 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OE FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME. ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT ADDRESS ', •. ' . . ' • • 0 • • t• • '· ENGLEWOOD CITY COUNCU, ENGLEWOOD, ARAPAHOE COUNTY, COLORADO .,_1',1'97 1. eau .. o .... Tbc regular meeting o(lbe Englewood City Counc:iJ was called to order by Mayor Bums at 7 :42 p.m. 2. Tbc inwcatioa was gi\lCII by CounciJ Member Wiggins. 3. l'lellae "'Allepuce Tbc Pledge al Allegiance was led by Ma,or Bums. 4 . a.uc.u Present: Council Members Nabholz. Clapp, Wiggins. Habenicht. Vormittag Waggoner. Bums Absent Nooe A quanam was present Also present City Manager Clart City Aaomey BrolZmaD Dcpuly City Clcrt Casdc Dcpuly Dira:tor Olson, Safely Savica Openlioas Superilllendent McCormidt. Utilities S. Mlala (a) COUNCll, MDDER WIGGINS MOVED, AND ff WAS SECONDED, TO APPROVE TIU MINUTES or TIU UGUIAll MEETING OP JUNE 2. 1'97. Ayes : Council Members Nabholz, Vormittag. Wigins. Habenicht. Wqgoncr. Clapp. Bums Nays : Nooe Tbc 1110U011 carried. 6. S, te•ld Villa.n a) Skip Miller 111d John Loll from Miller Devdopmeal were pracn& to provide a Slabls report oa lbe Cindcrclla City redevelopment project. Mr. Miller reminded CounciJ lbat Ibey ~ all been woning on this project for quite some time. Although he has not had time to meet widl Council Member Nabllolz yet. bnaid, he is lookin& forward IO working widl her also. He maaed dlat. recendy. he aaeaded Ille lnlmlational Council of Shopping Ccnlen ~ in Las Vcps, aJoag widl Council Member Vormittag 111d City Manager Clart. Because we an: gating so much clolcr, widl all !be politi~ rmctioa we had there, Mr. Miller said they would like to come io at a minimum al once m:ry two ' . ' .. •· • 0 '-I ]- Englewood City Council June 16 . 1997 Page2 • • • meetings to give Council an update of the stalus of the project. He repeated that there was a lot of positive reaction at the meeting. Subsequent to that meeting. Equitable entenained another offer. he said.. and we were all a linJc fearful of that. He added that it took a yeoman's job by the staff. City Manager Cla.rt and Bob Simpson. in dealing with Equitable. He said he would like to make Council aware of their fabulous dfort because Equitable's a>ncepl of what they were going to do to bring in a few extra dollars would have played ral havoc with everyone's desires for the site and their intentions would have caused a lot of problems. The other developer wanted to put this project on hold and leave it as is for two or three years. be advised. Equitable is now in agreement with us to move forward on a new deal that has been presented to Council. Another obstacle. be said.. was the Montgomery Ward lease. which they had agreed to terminate for a SS00,000 payment. Mr. Miller said that. after talking to the Wards people today. they agreed. although not in writing. to lower that fee to something over $300,000. He advised that tbcrc is a federal law where they have to give sixty days notice for termination of employment because of the number of employees they have. As soon as we have a signed agreement with Equitable. be said.. we wiU give Wards notice and they arc prepared to move. So . he said.. we have had a pretty good day and it is nice to be able to rcpon some positive things. Also, we have continued to show this to general merchandisers as pan of our plan. he said. We don 't want to get inlo publicly announcing names. but one ()f the major people that has been looking at it came 10 lown and seems fairly positive they arc going to do a study. he advised. They have other stores in the City and they want to sec how it impacts those stores. With the theater still interested.. also. he said.. we arc looking forward to seeing things start to happen. The next thing we need to deal with is the development agreement. of which we have been given the first draft. and we need to file the next ponion of the PUD. which is the preliminary sile plan. he advised. Mr . Miller stated that he has committed 10 staff'thal Ibey would be completed within two weeks of the City's receiving the agreement wilh Equitable. In order lo do that we have begun that process now and feel very comfortable that we can have lhat done. he said. and suggested that. perhaps. City Manager Cla.rt can tell us whal date that will be done with Equitable. 1ncy were supposed to prcscn1 a memorandum of agrccmcnt to the City. he said.. outlining the new terms and we expect that any day. Mr . Miller stated that anochcr piece thal we need 10 deal with is the outdoor an museum. He advised lhat his position remains the same on that. They arc willing to continue to work on it to sec if it works. understanding the ecooomic:s and understanding their need 10 be able 10 attract other users that would find that an aa:cpcable use . He said they want 10 be pan of those decisions and he feels Council heard him loud and clear on tbaa so he does not need 10 reiterate his position. Now that the Equitable deal is in place. Mr . Miller said he wanu to get into those.discussions and understand those issues. A memorandum was issued by Slaff in regard to some questions that were asked at the meeting wc were at. he said.. and those answers have come in and we arc prepared. at the appropriate time. 10 discuss those and work with Council ~ they see fit on tbaa piece of it. He stressed that they continue 10 sec this as a fairly major public/private joim clfon to redevelop Cinderella City. He said we have come over some big hurdles now and tbaa he really sees. for lhe first lime in a long time. a real path 10 getting this thing moving now . He said they arc really excited and will continue to bring updates as they occur. Council Member Waggoner said that. al one lime. they were talking about phasing the project into two phases with the western area and the eastern pan . He asked. if they were to phase that. if there ~llllld be a possibility. rather than a gcncral merchandiser. of having maybe smaller stores that would essentially equal the same square footage. Mr. Miller responded that. when wc were talking about phasing iL the rationale was that we had the theater in place and we didn't want to lose them. We don 't believe that small tenants arc ever going lo lake up that kind of space in order lo be economically viable and also have the masses necessary 10 have an overall successful center. he said. That I I0.000 to 120.000 squan: foot general merchandiser can ·1 be replaced with small users. he opined. Thal was a drop-back position. where, if we got that in place. we hoped some other major user would come along 10 make the overall project viable. he said. and we still feel that we need a sc:cond anchor 10 make this thing work . .. I· ' - • • Englewood City Council June 16, 1997 Page 3 • 0 I• - Mr. Waggoner said people have told him that they know of businesses that would just love to come into the site. but. he added. he did not get any names. They are smaller merchandisers who are not in this area right now but are getting Slar1ed and would like to come into the Denver metropolitan area. Mr. Miller said he feels pretty comfonable with the people that are marketing this and going to national meetings, discussing this with national representatives and the various retail people, that this thing has been exposed. He said he does not feel there are any sccra kinds of people wandering around that want to come in here that we are not aware of, but allowed that that doesn't mean they know everybody. He asked that they please pass the names of these businesses along if they can find out who they are. Council Member Vorrnittag expressed appn:ciation to Mr. Miller for coming to the meetings and keeping Council abreast of what is happening. He asked about the parking over by the RTD area. Originally, he recalled, we were talking about keeping that upper deck. He asked where we are today with that. Mr. Miller responded that the last plan will be brought in as pan of the PUD application. but could be brought in. if Council desires. in a less formal manner. We have been working with Equitable to put into the project that back IOI that is pan of the assemblage of ground that Kravco and Equitable have in the nonhwcst corner. Regarding the economics of either redoing the deck or building a new one. a new one would cost less than redoing it. so we need that extra ground. Our plan will show that. he said. and we will be tearing everything down. Mr. Miller said he has been dealing with Council for Equitable and Kravco and they have a tax situation that he needs to deal with. but they are prepared to give that to the project subject to their working out their tax problem. Council Member Vorrnittag asked how many spots will be dedicated 10 RTD. Mr. Miller responded that there is an overlap between RTD and the theater. RTD's first phase required somewhere around 500 spaces. and now may require between SOO and 600. The theater's usage and the RTD usage have very liu le simultaneous parking and this is a very good situation. he opined . RTD people will come in around 7 :00 to 7 :30 in the morning and probably leave 4 :30 to 6 :00 p .m . The theater has very little matinee time and is almost all night time parking so Iha& is pan of the reason the plan has the theater at that end. to make it convenient with the overlap parking with RTD. Council Member Habenicht said she did DO( have the benefit of attending the shopping center convention. however Council Member Vormittag was so kind as to share a tape and he showed her some of the written materials. She said she read through them primarily looking at development of retail entenainment and entenainment retail . From what she could tell. several places indicated. both on the tape. which was a panel discussion about retail entenainment and entenainment retail. and in some of the articles in the major shopping center book. that quite often the kind of retailers that you would need to come into a place to make that successful would not be the kind that you would find at a shopping center convention. She said she was just wondering if they have gone out visiting other communities and looking for that different piece that they all seem to say is imponant for something like this to be successful in today 's world and today 's marketplace. Mr. Miller responded that he hates to always disagree with her. but that presentation was done at ICSC and was done because those are the retailers that are there. It was an agenda item and he said he feels those people are there. The people that go in entenainment retail related places are there and the kind of users we have talked about that go in those uses were very present and we talked to many of them. he asscned, and he feels it is a very good source for those people . We have gone out to the market place and let everybody Rfiow . he said. ICSC is not our sole marketing technique. The brokerage community at large knows about this site and the retail entenainment group knows of the site. Ms . Habenicht said he is not disagreeing with her. but with the people on the panel. Mr. Miller said he listened to the panel. too. and that is why it was there. It was presented to the people that use it. ... •· • 0 ' ,, I - Englewood City Council June 16. 1997 Page4 • • • b) Mr. Elmer Waldow. 3701 South Clay Street. Sheridan addrased Council regarding the drainage ditch along the Well side of the Englewood Golf Course . He advised that be is a aiuncilman 1iom the City of Sheridan 111d Vice Pn:sidenl of the McB-DilCb . He l1aled that there bas been a loc ofOooding 111d water problems on Clay Streec since the .,arCXIUl'ICMIII in . Mr. Waldow staled that be -born 111d ramd oa the pnipeny where be bas bis~ today, bis folks having bought that pnipeny in 1923 . He said be bniugbt lhll up oaly to IUgesl lhll be bas been in the neigbborbood a loag time. 111d there --Ill)' flooding prior to the golf CXIUl'IC comillg in. TIiey ...... down the drainqc system there, be said. Thc pnipeny -originally put of the Joba ~ ba (Jlen 111d then it brollc off in lialc pieces of farms. Laier. Colorado Ccnlnl pmdllled the pnipeny to put a power IQs on. They dug six or -= wells 111d then Colorado Central 111d Public Service merpd and the pnipeny -went allelld 111d went into a power house. be llllviled. LIiier. the City of Englewood pmdllled it for their golf CXIUl'IC. TbeR were four drains across from Clay Streec to the Plane RMr all the way through 111d they were there for a long time, be recalled. One was parallel to the bille path on the north side of the golf CXIUl'IC and the second was on his nonb fence line at 3 700 South Clay . If you stand on Clay Street and look clue easa you will see where they put three or four of tlllJlc wells back in toward that dilCb . When Colorado Central dug those wells. be said. Ibey bad to adjudicalc and they bad 10 keep 1bcm pumping oc:casionally to keep their water rights up . They put them into lhat ditch in order 10 run them IO waste and sometimes they would catch it and irrigate their pnipeny with it. The third one was approximately 3850 South Clay and that is in line with the center of Cbauncy Dunn's property . That went back 10 the Plane, as well, be advised. and it was just drain lines . The fourth was at Mansfield and Clay and is the drain that be would like to haw: put back in. be said. and it is the drain that was agreed 10 on the last PUD. which is the par three golf coune. lbat lbe City would pul a thirty-six in from Clay and Mansfield back to the Platte. This is the route tbal pipe was in before Englewood bought it. He showed them a print that was made in 1965 bY Public Service and oft"ercd it as proof that it was there. That is the one we would like to haw: put back in. be repeated. Englewood took out all four drains. be said. and then they put a big dilCb along the cast side of Clay Street. Clay Streec bad a llwnp in it and they bad to go III deep they dug a big bole in width to where you can 't Fl two motor homes PIil each other on that sueet. He said that we arc DOI asking Eaglewood to fix that. Mr. Waldow said be bas told Mr. Badtim tbal be would help him Fl the thirty-six in 111d put the Slreet back where it was before it -dug up . Englewood dug the dilCla, be said. to put the .-a-inlo Bear Crccl. He called Couacil 's IIIClllioD to a plaa tba1 be paid for fnlm Cbuclt Tllillle. • civil eapnecr who MIiied for tllc Colorado w bipway clepllrtmem. wllo is YCI)' well acquailled widl the area. He said Mr . Thilde lellifies to tllc &ct tllll tbere was_. aay floodiDg oa Clay Streec Wllil Eaglewood shut doWII tllc hlll llld put ia tllc .,ar CDIIIIC. Mr. Waldow 111d be is asking Eaglewood to go allelld 111d put tblll thirty-six ia. Parts and RecraliOII DinlClor BID aid it is a policy of ~. be rclaled. but you can put the whole thing back becaulc the aalw:ns arc lllllllly llill there Wider the McB-and under the parting lot there. A -Wllla a back.bae aiuld put tllc whole thing back in in two or three clays. be opined. so it -ida't ClOII SUIOO if you weat back ID the oripaal. Moll~ it can go in open dilCb and ii wouldn 't be tbal mucb to put it in if moacy is U1lly a factor . Mr . TbislJe also addlales the &ct lhal. since they put Bear Crccl Dam in. the basin fnNa Bear C,_ Dam 10 Clay Street. and the whole drain basin in tbeR. bas dew:lopal eaou&h to where we haw: blacklapl and SlreetS and parting locs to where we could w:ry easily be flooded II Clay Streec apin. Needless ID say. we don't want the water liom Clay Streec and Mamfield ClOIDing clown Clay Street. be lillid. we -* it 10 go toward the Plane like it originally did. He noted we haw: been working on this qr-a for the put three years, which Council bad before them and is Englewood's Ordinance 28 . Series of 1994 . On pqe two , article three. first paragraph. it states that the City will put a thirty-six inch pipe in from Clay and Manlfleld to 1M Platte Riw:r . Basically, be said. that is all we arc ukina you io do, just put tbal in. Four days from now it will haw: been three years. be said. tbal we haw: been working to act this put in . Couacil Member Vorminag asked City Maaa,er Clart if 111ft' bas seen this before . Mr. Clart rapoaded tbal be bas seen it and 111ft' bas been workiag with them OIi it. Council Member Vormiaaa asked wllll • • • 0 I - • • Englewood City Council June 16. 1997 Page 5 '· • • I• • the City 's side is. Mr. Clark responded lhat it is outlined in a memo contained in the newsletter. Basically. we have an engineer that is working with us. he said. and we arc looking at a couple of alternatives. The alternative that Mr. Waldow suggested involves a land problem. he said. and we need to acquire an easement but have run into an uncooperative land owner. If the City of Sheridan would agn:e to acquire that right of way, then we could do it. A second alt.cmllive is running the drainage through the golf course itself back to the Platte Riwr. Mr. Clart said it is his understanding that our drainage people arc still looking at that and will be making a ra:ommendalion to Public Works and the Parts Department. Mr. Vonninag asked what we arc looking at as far as timcwise. He asked when the project will be clone if we go through the golf course. Mr. Clark said it is his understanding that we arc supposed to hear back &om our engineer quite shortly and then we would proceed with the project. Mr. Vorminag asked Mr. Waldow if he would mind if we went through the golf course . Mr. Waldow responded that he would not mind, and that is what he is asking for. to take thirty-six inch pipe from Clay and Mansfield to the Platte. He added that he does not feel there is an acquisition of property problem. Mr. Waldow said Mr. Kloppenberg is one of the best neighbors a person could possibly ask for. He said he originally set up the agn:ement between Mr. Black and Mr. Kloppenberg and Mr. Hank Baske for that right of way . We asked at that time. he said. for fifteen feet of right of way on their north fence line. which they agreed to . Then. he said. Mr. Black called him up and said Mr. Kloppenberg's attorneys were going wild and asked him to call Mr. Kloppenberg because he didn't know what his attorneys were doing. Mr. Waldow said he did call, and Mr. Kloppenberg said he knew exactly what his attorneys were doing. He said he agreed to give fifteen feet to an easement and now they want forty feet for the 500 fOOl length of his property. which is over a half acre of commercial property, on which he still has to pay the property taxes. Commercial property is rather expensive and this is all for ten dollars and he is not going to do that. He would have saayed with the original agreement. Mr. Waldow said. and. although the line would not have done him any good personally, he was n:ady to do it as a neighbor. Then. all of a sudden. restrictions came in and legal problems and he just wasn ·1 going to do it. City Manager Clark asked if it was explained why the additional right of way was nccdcd. He asked if it -based on modem day Slandards. because the current engineer hired by Public Works will have 10 saand by his calculations and perhaps conditions may have changed since the mid-sixties. He said he was just a,ues,ing that. if the City al Sheridan has a little bit betlcr inftucnce or bCtlcr rappon with him. then if they want to take care al the righl al way. we can take a look at that option, subject to engineering approval. Mr. Waldow asked Mr. Clart to look back to that print of 1965 and where the railroad has that radius in there . That is at Clay and Mansfield and jllll below, where it is undcrtined. there is a I . 7 fOOl by three fOOl culven coming under Clay Street and dumping into an open ditch and then that open ditch goes all the way back clown to where the maintenaac:c shed is . He maintained that the property is still junk property and has not been used for anything. There is no reason why you can· 1 go back mto that property and run that line right back where it was. he opined . Mr. Clark said he is wondering whether the engineer that we arc using now would saand by that original plan. or whether there arc any hydrological conditions that have changed in the area . He said he cloesn 't really know and can't help him with that tonight. He said the Public Works people and the engineer would be in a betlcr position bClcausc he clocsn 't know all the technical dclails. although he docs know that there arc two routing plans that arc being considered. one followina the routing on this map and the other where we would cut through the golf course directly to the river and not follow the Clay Street right of way. Mr. Waldow said they arc talking sheet Dow over the golf course and that is a shame. because it is a . ' • . •· • beautiful course . To take your storm water and l1ood it over that course is an abloluac shame. he said. o f_ I Englewood City Council June 16, 1997 Page6 • 0 • TIie superintendent there knows exactly how much water he is putting on and docs an excellent job on that grass. Mr. Clad said wc an: willing to accept responsibility for our water if lhc engineers tell us lhat is the best solution. TIie engineer may come back and tell us that is not the best solution and to go with the alternative plan. Mr. Waldow said wc have two things here. One. our engineer's rcpon says to put it back where it originally belongs and lhc second one is Ordinance No . 28 of 1994 where the City agreed to go ahead and put a thirty-six inch pipe in from Clay to Mansfield to lhc Plane. All wc an: asking you to do. he stressed. is live up to what you agreed to in your own ordinance. Council Member Clapp asked when Mr. Waldow's engineer advised to do that work . Mr . Waldow responded lhat it was May 8, 1994. Mayor Bums said he was glad Mr. Waldow came because he looked at this rimeline and noticed that Mr. Kloppcnbcrg had appeared to agree to an easement and then lhc nc.~t year he was getting an attorney and there was no explanation as to what happened in between. TIie righr of way issue and the width of it answers some of that question.. he said. but it sounds like this is a wort< in progress thar may yet be resolved. Mr. Waldow said there an: better ways 10 run than 10 run up on that property, and the least expensive is to run it back where it was originally. He said he would love to walk it with anyone who would like to come down and. be opined. oocc they sec what he is !alking about. it simplifies itself. TIie property that you would run lhat open ditch through is still junk property from when lhc course was originally built, he repeated. Mayor Bums thanked Mr. Waldow for coming and explained that lhc ordinance that he presented to Council is a condensed version of the agreement that was in lhc Council packet. 7. NN-1Clledllled Viliton Mayor Bums said lhc first four people liSICd on lhc rosier appear to be from Orchard Place. which is a Housing Authority project . He Slated lhat he is going to be careful about what he says here because be is the chair of lhc Housing Authority Board . Anything that comes before Council in regard to the Housing Authority, he explained. he is conOictcd out immcdialely and be will ask Mayor Pro Tem Habenicht to sit in for him and conduct any proceedings. This is the period, however. when wc nonnally just receive comment and lhat's it, but he said as he goes down the liSl. he will abstain where necessary . Mayor Burns Slalcd that these presentations will be limited to five minutcs. (a) Ann Burris. said she has been a resident of Orchard Place for two and half years. and last year was secretary of the Orchard Place Resident Council. Her duties included writing a proposal for a $5 ,000 grant from Burgner Funds. During the past two and a half years wc have had two different executive dira:tors. three dilJerem property managers, two dilJerent sets of building ancndants. and one set of assis&ant building ancndants. she said. Now you will be naming a new executive director. We at Orchard Place would like to sec pcnnancnt and rational lcadcnhip for all of Englewood Housing including Orchard Place. she said. II will be two ycan ago this Scptcmbcr lhat Stan and Bcuy Phillips were named as building attendants. Ms . Burris said the uneasiness and questions bcpn when the residents rcaJjjljd lhat two residents. Sherrie Dillion and Ernie Macs, were becoming pcnonal friends and singled out for special treatment. From this. they have built a group of approxima&dy ten to twelve ~Slan Fans" who sit in the lobby day in and day out and watch all lhc other residents. She said the Phillips· quickly dctcnnincd lhat the resident council should be run much dilJcrcntly . They ouSICd the then officcn .. •· • 0 ' tr; , -. 1,r., , • Englewood City Council June 16, 1997 Page7 • • • , . • by the expedience of badgering and banssmcnt and elaUd a new set of officlCrs they felt they CXJUlcl easily manipulale. She went on to say thal the council was then admiaislered out of the lobby inslead of through the CIOUIICil mcecings. By the cad of their one year term. the offlccn bid become wiser and were praying dlll SOIIICOIIC -.Id come along to replace them. No one wuted to 1111c oo the job. the raponsibilities plm the i-llcba plm Stan who had aid thal he does nut aue about die counc:il and bylaws and that he -.Id do wut he wants. During the inlcrim time f'tom January to Mud! of this year, when no formal counc:il -iD placc. a natice was lUddellly put up oa the bullelia balnl for a chili dinner to raise funds for a pool !Ible. 1bis was nut dilcuaod or Wied oa ill a counc:il ....., she said. and. in fact. no other ddails iu::11 • COIi. me, when --.Id buy it. wheR -wmkl put il. who -.Id use it. or who would aaiDllin it -_. pen. Tbn:c days after the dinacr. she wmt Oil. die uaaam of our Burper funds account -told to write a check for $800.00. The pool !Ible bid at.., been bought by Stan Phillips and the $800.00 -the diff'erence between what had been CXlllected ad the purchase price. The Burper Puad granll. she wrted. IR allocated to non-profit orpaincioes for the cd11c:atioaal. ~ and soc:ial use as specified in the proposal . At the time of writing the pnipmal, we were told by the Burper Puad gnn1 ClOIIIIDiuee that capital expenditures were noc allowed . A llltal ofSl.100.00 for a pool table cenaillly IIIUads like a capital expenditure to me, she exclaimed. Durillg the J1111 two years. the Phillips' bave bad -1 confrontations with residents resulting in yelling maldles and extreme Sll'CSI and health pnlblems to the residents. In fact. most residents fear and wonder if dlcir lease wiU be ICnllinaled. Lei me -you. she said. when a man of six feet four inches and 300 pouds COllfflllllS aa eighty to eighty- five year old -who is barely 100 pounds. the person is very itMillidalcd . We haw: one such resident. Heariella Smith. who was at Pearl Harbor on December 7, 1941 . Ms. Burris assured Counc:iJ tbal Heariella does nut milllZ _._ Tbn:c difl'erent times Staa or Beaay have pnen into tirades with her with acb one imdliq ill serious health and bean a>nditioes IO Hauicaa. she rclaled . As time bas plllC OD. many of• bave rcaliml Hauieaa ... been ill the ript, apecillly -...... sib*ioN have llappeaed IO adler ftllideals -1ly with rcaaltaat IIClllth Cllllllliliw Ms. Bwris IIIUd if-bas to die bd,re ......... is doae. SIie allO ... if this is nut --... ud ---SIie aid dlat. ill the p111 nwo years. die Phillipi' 11ave CIOllliwtly ipon,d die requesa a. awfidaMiality wm per-i litullioas-dilcmad with diem. Wllile ia die lollby, Ibey 1-e......,. clilCllaDd die-.- •• I a pnlblems wiCll ftllideals lO MY w liaia& dt&ft. 1'llil Ila lealed die eldaty ftllideals 111 ~ we 110W bave a 117e11i1e police office ia -llllildilt&-11ley allD 1-e INde denll*IY ca a, about and IO variollF ftllideals • dley go dnap die lollby . Now-ftllideals 1111c die~ ID die m:xiad floor wl dlea walk doMI die stain wl ID• die Fide doors. We are all low ~ raidaa ad need ID 1M 17 On:llard Place. she said. ud are aot Ible. pllylic:allJ or fiaacially, to --place elle. for 1111111 of m. this wiU be our bollle ilr die lat of_. IMS. Ille said. Ms. Burris IOld Couacil dlaa she is asking for dleir bclp and tbal they plew CIOlllider die ...,......,. of a new rmi7M dinlCIOr wisely . She a110 IIIUd thal they CIOlllider the l'CIICWII of the C0117n1Ct i1r Stan and Seay Pllillips wiy wiaely . Sbe IIIUd if it iFD 't about time for a cbaaF 1h17 could ...it ia beaer living~ for all the iaideaas ofOrcbanl Plac::c. as well u all the residents of the En,lewoad Housing Authority , and to ftllCOR public CIOllfidence . Mayor Pro Tem Habenicht took OYa the meeting at this time aad IIIUd City Attomcy Broumaa to explain Couac:il' I roll rcprding the Housing Authority and ill !Ina of the hiring and the evalualioll of the executiw director of the Housiag Authority and of people who won ilr On:hanl Place . Mr. Broumaa llid the EngleMlod Housing Auahority, wlaic:h is a ...,_ ID'fflZ SJI entity, na Orcban1 Place. It bas ...,_ penonnd f'tom the City thaa take care of thaa. By cllace, lie said. 11111' Mayor w1 the cbaimwl of the Englewood Housing Auahority llappell lO be -.... die-· He aid their -- wiy valid. 8IIIHmpartaaa to llf, aad wbea dley easer the cril!lial leld. cenaillly our poliClc ...,._ relpClllds IO thole. The only pniblem is 1h17 Council does nut ...... die ...__. 17 die Haaillc Audlority, tbal is the Housing Authority Baud thaa does 1h17. n.e, -..... ftoam .... dtae coacens llhauld n:ally be going IO them right -- .. • • 0 - Englewood City Council June 16, 1997 Page 8 • e - An unidentified penon from the audience staled that Ibey have already been there. Mayor Pro Tem Habenicht. in response 10 someone who asked 10 speak from the audience, said we need to make sure tbal we are following the rules of order in lhis meeting. She consulted the City Attorney and Slated tbal we would go on wilh the meeting and if someone wants to ask a question they can do so when their tum comes up. (b) Mark KJaess. a resident ofOn:hard Place. 3425 Soulh Sherman Street. said he was elected president of the resident council back in March of 1997 . One of the things that has taken place. be said, is tbal Mrs. Omum. who bas tried to come in and take OYCr our council. has ousted him through her own vindic:liveness. He asked Mayor Bums if be received a oertificd lCUCr . Mayor Pro Tem Habeaichl asked Mr. Klacss not to direct any questions to Mayor Bums at this time as be bas exemplcd himself from any discussion here because of a conflict of interesl . Mr. K1aess apologized and continued that there were copies of the cenified letter in the folio he passed out to them . The problem that we are running into. he said. is that when be spoke to City Manager Clark some time back. a meeting with Mrs. Ozburn was arranged. but she did not listen to what we had to say . She turned right around and did exactly as she wished. There are problems in several different areas. be advised. She has invited people in to stand as supposed non-interested panics. which he said he found out is not true. Mr. Ed Sanborn is an example. He was at one time a council president OYCr at Simon Center. Mrs. Ozburn has stated. and she continually uses. not temporary. but implies that she is the permanent director OYCr there. She has done many things which. as far as he is concerned. are immoral. improper, etc .• be opined. At the May 8.., council meeting, he said he had startcd his council meeting, and she came into the meeting wilh two Englewood off"acers and told him that he could no longer run the meeting, tbal she WIS putting Mr. Sanborn in charge as temporary president and tbal Mr. Klac5s WIS ousted. At tbal time, they bad a recall election. pre-printed ballots and all. but no word was ever given 10 him . He said be was not told of lhis and was not given any warning so he could have his constituency there . The vote turned out twenty-seven to twenty against him. but 1he room was packed. he said. There was a petition tbal was put in. be said. which made no comment as to why or what the reason for the ru:all was . He said he has never been told the reason. although be has asked. Mayor Pro Tem Habenicht said Council has his packe! and his lcaer explaining these things. She said she is concerned tbal the things be is talking about are internal problems tbal be needs to discuss wilb the Housing Authority Board which has authority over this. She asked apin tbal City Attorney Broczman clarify the interaction between the City Council and the Housing Authority so tbal Council will understand if there is anything they have some ability to do something about. City Attorney Brotzman repeated lhal the Housing Authority Board lakes care of all personnel at On:hard Place. He said Council will transmit all !he documents 10 lhe Housing Authority Board, which meets June 25.... AJI lhe concerns they are expressing are valid. he said. bul they are for the Housing Authority, not for City Council. Mr. Klaess said the reason they decided 10 come 10 City Council is becaUR they have attcmpted to go through various processes 10 get this matter resolved . We have people over there who really don ·1 care about the people in !here. He said he could give them many examples. The problem is. we have a - here who is jU.-about 10 be named 10 office and doesn't deserve the job, be -,ied. Mayor Pro Tem Habenicht stated again tbal this is not the proper venue for Ibis. She said she ClllKUl'I wilb our City Attorney who is saying 1ha1 cenainly they have sincere and imponan1 concerns and dlcy ,, I· • 0 f " ,, I • • Englewood City Council June 16, 1997 Pagc9 • • • 1111111d to be .... to the Hauling Audlority Boud. If you have lried to do that. she said. and have had difflculty. she feels Council can help by passing this illfilrmllioa forwanl. • City Maaapr Clutt said it -bis undenWlding thal the Housing Authority brought in a rep,aentativc ftom the U.S. Department or Housing and Ultlan Development to assist in workiDg through some of these issues. Mr. ta.. said thal did not occur. 11le gentleman in qucslion came in to aJUDt YOlCS and was there for only one mealing wben tlle nominees -praen1, be said. and Mn. Ozburn staled thal be would count the Wies 111d Mr. Sallballl would c:ouat tlle Wlel. 11le pnlblcm is dial YOlCS -lalllpCl'ed with 111d that Mn. Ozburn ... die blllals would be pidred up duaup the .... but they -not . Mn. OzburD a11o lllllled dill a would nam11cr t11e ballatl. but this -not cloae . He lllid be leceiwd a very ilmdtiDg 111d daNlnieg .,__ c:all ftom Mn. OzburD where 111c • au:b • called him a liar 111d told him thll two people saw Ilia -.iDg with the ballal box. Wal blppmed with the ballal box. be expl•ined w llllt it bad DOl beea emptied aad w llldfed lull. He aid be 111d the building attcodant llllde a pelCh ovcr the top or the box aad med people to bold off until Tuesday when it was cmplied. 11le building attendant w told by -to remove it and all of a sudden it was mysteriously half empcy. Mr. ta.. stared. Mlyor Pro Tan Habenicht aid she believes this is the discussion that he and the people with him should be having with tlle Housing Authority members. 11le Housing Authority memben are very much like tlle council that you are llllking about. she said. and they hive diRCt responsibility over the staff' and Slaff' decisions. We do not have thal. she IIJelSed. and in this venue it is appropriate for you to share your concems. it is always appn,priale to do that. at the SIIIIC time. this is a matter thal needs to be between the Hauling Authority 111d you. Not with the Sllft it sounds like you have dealt with the staff'. she said. but your next srep is to go to the Housing Authority members who have c:ontrol or this. Mlyor Burm said a new duector or the Enatewaod Housing Authority was hind oa Friday. bis not Mrs. Ozburn, 111c w not a finalisl for die inlaYiews and this is a new highly experieaml penon who is oomillg in from OUISidc the city. It will take a couple or weeks before she will be on boud, he explained, but Mrs. OzburD is DOI the new dinlClor so we will have an entildy new person who will be reviewing this. Mr. ta.. commented llllt dlis ii mt the only penon they have ~ with. Right &om the wry top cm clown you have people there who taeaUy ipa,e wllll is beiag aid ud are pan or the "Stan F-. ~ Mlyor Burm said the new duector will rmew all persoanel wben she <XIIIICS in. Mr. ta.. aid be is not a bani -to pt alolla with. He aid be Im a 1e111per lillc aaybody ellc. be is DIil violent. although be ... beea --orbeiag violell by tliae people. He remiaded COllllcil dill NcMmbel' is comiq. He med all the people ha Oldllnl Place IO .... IP Ill die Ma,-could -llow many people here are CODllerned with this. He aid dill tllil is quite a namlJcr or people ud we ca wwl. for or we can work apinst. We would p,der to wort for. be said. bcaue you havc cloae -fiae tlliDp in this City . Coanci1 Member Wagoner uked if they have lried taking dlis to the Eqlewood Houlia& Audlority . Mr. Ki-aid we have lllkca it lO who we lmow . Mr. Waaa-r med apin iftlley have lllkca it to die Eapwood HoUlina Authority, to wllidl Mr. Ki.a N!ipClllded ldlnallivcly. Ma,or Bans llid the Bcllrd Im not rmeMld this. Mr. ta.. aid not tlle Baud. up lllllil IIINllll tluec MIiis 111D be didn't evca lmow lbcllll the Bmil He aid be 1111 lried many dliap ud beea a.,..a ill ewry clinlClioll i.1111.-. We havc lilulliw here t1a1t i.-• P*IY. tie said. t1us e , ditare or-,. tllll llld • ..._.., .-by Mr. Pllillipl. t11e ......... or peap1e ia t11e buildilll- .. • • 0 t ]- - • • Englewood City Council June 16, 1997 Page 10 • • t• • Mayor Pro Tcm Habenicht told Mr. KJacss that we arc digressing into a discussion and that is not this pan of the meeting. She told Mr. Klaess that be needs to go to the Housing Authority Board. and. now that be knows they exist. perhaps be can get bclp there. Mr. KJacss said be ccnainly hopes they can get help somewhere, because when you have elderly people that arc being threatened with eviction it is a little ridiculous. Council Member Vonninag said let's state for the record when they meet and where they meet and the time they meet. City Attorney Brotzman said they meet on June is• at 5:45 p .m. at the Housing Au&hority Building, 3460 South Sbcnnan Street. Mr. Vonninag said for him to bring bis gang there and that is where you can talk to them. Mr. Klacss said he docs not call them a gang and he resents the use of the word gang. Mr. Vonninag said be meant the group. Council Member Nabbolz asked. if they find they have not gotten some form of resolution after they have approached the Englewood Housing Authority Board. wbctbcr there is another avenue that they can take. City Attorney Brotzman said that would actually be a coun action after that. Mr. Brotzman stressed that Council would like to help them. but they don't employ the Housing Authority personnel . Mr . Klacss said be understands that. but indirectly they arc still City employees. Mr. Brotzman said they arc not, and again stressed that they arc not City employees what.soever. They arc Housing Authority employees. so that means they went to the group that doesn't employ them . He told Mr. Klacss that he is really trying to get an employment action taken care of. and that be really needs to go to who employs them, and that is the Housing Authority. This Council would 10\'C to help you . and they arc going to do cverylbing they can to get the information that was praenled by Mr . KJacss to the proper people. he asserted. But that is the Housing Authority and tbal is who hires aad fires those people. Mr. KJacss said be ccnainly hopes they have a lot of -in Iba& CDIIIICiJ rocxn because there will be a IOI of people lhcrc. He said the dilemma they arc faciag -is tllcy ~ very hard to keep this quiet that they were coming over here and be would lille lllc CXlllfideaialit kept ~ from the building. Council Member Waggoner said this is a public meeting and wc bavc -liplllCI" people here . Mr. Klacss said be docsn ·1 care if Mrs. Ozburn koows it but wc have worud very hard to Fl llus meeting togctbcr. It bas just gotten out of hand and ii is about time that somebody stands up for the people over lhcrc. he opined . (c) Gcruude Connors. 3425 South Sbcnnan Slrccl. said she-*rs iftbcrc is any use to give any information at all. She said her problem is that. on Tbunday ancr-_ Juae 5. 1997 at 4 :00 p .m . she left her apartment to Fl bcr mail , but fcqot her key . She -ta the budding ancadanl. Scan and Betty Phillips' apanmcnt. nwnber I 05 . to have one of lbclll oomc ud unlock her door. This is pan of the duties of the building lltCndants. she added. As she walbd towud their lplfflDelll. she saw Leo Miller. the Ulislant building aaeadant. walking out of the -111 eatry door. After lmockillg a IIUlllber of times at number 105 and no answer. she waited and knocked apin. but got no response . This continued until 4:50 p .m . Apparently the Phillips' were not on duly. she said. There is an assaSWII builcling attendant and his wife to help out when emergencies uuc:. bul there was no coordmauon that day. At 4 :50 p.m., Ms. Connors said she went to the south end of the hall to the rnaintcnanc:c room . Jesse and the CET A young people were there. so be came to the third floor and unlocked her apanmcn1 . She said this kind of complaint has been going on. and there arc other things. too . People have let the phone ring for ten minlllCS and no answer . Mayor Pro Tem Habenicht thanked Mn. CODMrS for her COIIUIICIIIS and apin 5Ultcd that. while Council is very concerned. she would urge her to meet with lhc Englewood Housing Audlority Board and make them aware of these problems. •· • 0 - • • • 0 • Englewood City Council June 16. 1997 Page II (d) Vada Bishop told Council thal she has been a ~dent of Orchard Place for fifteen years. She asked why Ibey were told by Mary Ryan-07.bum that the building attendants can not be finxl., yet in this a,untry-can even fire the ~dent by impeachment. She asked why the Phillips' can break all the rules in the book. but still no action is taken against them. Rules such as giving out master keys to their friends and banding master keys out to someone who claims to be from Public Service. She said it seems tbat Mr. Phillips can play poker C\'CI)' Saturday C\'Clling for what aJUld be considered high amounts of money by some of the tenants. This, she said. is also clone while be is on duty. He holds his game in the community room. not in his apartment. When be was told be aJUld no longer have his game, be told the Englewood Housing Authority that. if this is the case. then the ladies could not play bingo at ten ccnts a card for two cards and a big pot of about fifty to seventy-five cents. Ms . Bishop said the Englewood Housing Authority told Mr. Bishop that was okay. Ms. Bishop went on to say that it seems Mr. Phillips has put his brand on the building wbccl chair. He has left it in shambles. unfit for safe use by others who may use it from time to time. She recalled that there was a resident down in the lobby talking badly about Mr. Klaess and she was making false accusations about him on top of this. She had her Bible in her hand and Ms . Bishop said she told her she was a hypocrite. She told several people after that that she had been called a hypocrite. then she turned around and submitted a grievance saying that Ms . Bishop had called her an SOB. It was rcponed to Jacqui Piclcctt. an educated woman. that Ms. Bishop had called her an SOB, after which Ms. Bishop told Ms. Piclcctt that she had not called her a name. but a hypocrite. Mrs. Piclcctt responded that hypocrite and SOB have the same number of syllables. Ms. Bishop stated that. on scvcral occasions, she has heard Mr. Phillips tell others that if they don '1 like it this way, then move out. He has stated we no longer go by the rules. wc have broken them all and the Englewood Housing Authority won ·, do anything about it. Council Member Wiggins stated that wc are powerless. We sympathize with you folks. he said. and undcrsland that you have a problem, but wc have no power. We will get this information to the Authority so Ibey arc aware of it. but wc can't help you . You arc just wasting your time coming here and speaking to US OD this matter, be said . Mayor Pro Tcm ap,cd thal Ibey sincerely ClllllJWaF them to lake their conccms to the Englewood Housing Authority meeting. She turned the mcctul& back OYCr to Mayor Bums . (e) Chauncy Dunn told Council be owns the prupcny a1 3801 Soudl Clay Slrect. He said be has six acres there and can handle his own waler. The dnitl tllerc is I hisloncal dnin that aocs blck illlO the IIOO's. He said be has 132 mini-warcbousc units and I toll.I oC 496 wtth the tn1ai-wardloulc. 1D01or homes. boals. campers and different things. He mred tbat. laa --. Mr. Broczman ru:eiwd 1 1caer from his IIIOrllCy and the place was flooded very badly. This dnin was covered up when the golf aiunc was cleYclopcd. be said. and he pcrsoaally WClll in there and opcacd it up. although he realizes be was trclplSSing. It bu been covered up since. and be went back and band dug it.. He asked tbat be be given permission to go to Dave Lee. who be said be works with very well. and have this dnin opcacd up to solve bis flooding problems. You can't get mocor homes up or down Clay SUect . usa Salurclay 's SIOml was a prcny good one. he said. and they Ooodcd badly. He said he is sinccrc.ly asking Council to give him some help to get the dnin opened up. This has already been thn:c years and he really needs 11 opened up just as soon as possible. If not. he said. be will have to open it up himself because he has to saay in business . (f) Gilbcn Stark.. 3161 Soudl Broadway, said be is just about to clean up the lot again 11 2840 South Steman Stnict. He said Council Member Nabbolz has really done a balutiful job on it and be congratulllcd her. He said Ibey did go over today and -the Medi down. bua Ibey did DOI clean any truh up, or the trees or the mess that people arc doing thll arc livlaa in the tn:a. They arc bualdiDg fires there and using the restroom there, and be asked Council ta plcaae do ...alling. "' - • .. • • 0 ]- • • Englewood City Council June 16. 1997 Page 12 • 0 • Council Member Clapp asked what the Slatus of that property is. City Manager Clark said it is his undcrslanding that citations have been issued to the owner and they will be brought before the municipal judge. Additionally. he: said he: and Council Mew.bet Nabholz arc: going to tour the property later this week. Mr . Stark said that is not getting the lot cleaned up and all the feces and the urine: smell. There is a fish tank. he: said. that has been down there and the people QIIIC over today and they picked the fish tank up and they put it on the other people's lot.. He said this smells and he: does not know if there is City Hall injustice or if somebody within the City is working with somebody . He said he: went by the Gothic Tbealer and it is all boarded up and the weeds arc: pulled. He said he: doesn't have much money and can't build a pa,t. but at least the Gothic is cleaned up. He asked why that lot can ·1 be cleaned up. Council Member Clapp asked. if people arc: using that to relieve themselves, whc:thc:r we arc going by there on a regular basis to cite people. City Manager Clark said he: undemands there have been several inspections and he js not sure what the citations were for . He said it may be necessary that we clean the lot. file a lien against it. and then take a zero tolerance policy from here on out . Council Member Clapp asked if there arc people living there. Mr. Clark said it is a vacant lot. and the: owner is supposed to bring in some son of a zoning change. but that is no excuse for leaving the lot in bad shape. Mr . Stark said this has been going on for five years. and that is why he thinks there is someone in the City that is working hand in hand. City Manager Clark said we will uy to get the situation corrected. (g) Beverly Cummins. J 188 South Lincoln Sueet. said she does not think there is any use in doing this. We arc all human beings and these folks arc: hwnan beings. she said . "They have come out here to talk to Council as human beings. not nca:ssarily that they have power. because, she acknowledged. it doesn't sound like they do. It is to let you know what is going on over there. she said. Ms . Cummins said she used to live there for a shon while and knows what it used to be like and she knows what it is like now. She said she had to take her mom to the: hospital just before: Christmas with what they thought was a hc:an anaclt. but instead it was just !he sucss. She asked Council if they know whal it is like 10 have to gel a ride from somebody else. 10 depend on somdlody dtc to gel OYel" three or four bloeks . These folks arc seniors and they need your help, she said. They have come out here to gel Council's help and they arc being tumcd away . She asked why, as people. Council can'l sce thcir side. She: said her modler. Vesta Frank. was the very first person lo move in over at Orchard Place. and they have never had any problems until the Phillips' moved in. The managers have been wonderful up until then. she: opined. She: rellllCd that they have already gone 10 Mary Ryan-Ozburn and she wrote it all down. and we aJUldn ·1 have a cape recorder. she: said. but she could write it all down. Ms. Cummins asked where it all went. nobody probably saw it. so what's the use. These folks arc gelling ready 10 gel up and leave because they "- they have gone 10 all of this for nothing, she said. We arc all going 10 gel old some day. Why have a security building over there. she asked, because there is no security and no peace of mind. There arc people in and oul of there constantly and we even have police over there now because of all the problems. There was a Sllldy. she advised. that found that people who arc under sucss like this arc like people who have been in a war. and prisoners of war. After a while they lose all of lhc:ir willingness to live. to fight. to even give a 11am. and this is the way thi, bunch is headed. because nobody will help them. She: said she is Vesta Frank's daughter. hc:r mother is eighty-five. and this is causing her a lot of stress. The Housing doesn't help them. She repeated that they need help. as people, and being a pc,-means -!ban some words wrilten on a piea: of paper . She said she hopes she has hit Council's bean becaUle tllaa is ,. - •. •· • 0 ]- - • • Englewood Ciiy Council June 16 , 1997 Page 13 ' • "' - • , . • where she was aiming. because somebody needs to help lhcsc people. She said they need to get rid of Stan and bis wife beawlC they arc the biggest problem there. Council Member Clapp ulled if thcrc is a way that the City or Council could. not nea:ssarily get in the middle of ,...,bing tbal Ibey sbouldn 't be in the middle of, but do something to help the Housing Aulhorily. Sbe said sbe ~Ibey~ p,ae a long time without a direcaor and perhaps lbal hasn't helped daiap and maybe we sbould have been offering our help sooner. Mayor Bums said there really isa ·1. we have a new director and Ibey arc going to have to be the ones to lake tbis up . Tbe Board has not looked at this yet and it just has to be dealt with by the Housing Authority. he said. He said this is terribly difficult for him to liSlen to because this is not the way the Housing Authority normally runs and be is very conccmcd and wants it corm:tcd. Mayor Bums said he wants this addrcued by the: new director and the boanl. Our new dinaor is an extmne.ly cxpcneaoed individual. be said. and is very highly regarded for her ability to relate to tenants and staff. Council Member Vonnittag asked if Council can received a copy of the Housing Authorily minutes for the meeliag as soon as possible so that they can be abreast of what's happening. Mayor Burns said the director will not be on board by then and that he will be attending the Colorado Municipal League Conference that day. He said he will get back to the vice chair after tonight and the other members . There was a letter sent that all of the Board has. and he will lalk to them some more about this and sec what we can do about setting up something at the next meeting. Council Member Habenicht asked if the Housing Authorily meetings arc open to the public. Mayor Bwns said absolutely. Ms. Habenicht said that would be a reason then for any individual on Council or anyooc in the audience or anyone who is conccmcd to go . Mayor Bums said the Housing Authoriry meets in a small room so he will have to lalk to them about how to pursue the next meeting if we have fifteen or twenty people. Ms . Habenicht suggested that the Cily could be helpful in providing a SJ*Z. Council Member Vorminag suggested the Malley Center . Ms . Habenicht suggested Orchard Plac:,c. Council Member Wiggins said it would sure make it easier for the people to get there. Ciry Manager Clart said he met with Mr. KJacss two or three times and also talked to Mary Ryan-Ozburn about it . He said he has extended the cooperation of bis office where they feel necessary in trying to work through these issues. In addition we had the neighborhood impact team and the neighborhood watch people go over and visit with them and see if they could wort through so,ne issues. He said he had thought Ibey brought in a rcprcsellllllive from HUD. bul apparently that was just lo monitor a tenants ' clec:tion . He said he thought they brought in a third pany IO bdp the tenams wort through some of the cooflicts there. Mr. Clark said his office will make their rcllllllta available IO either the tenants or the Housing Authoriry to see if we can wort through these i-. He fee.ls it would be bcller if bolh the tenants and the Housing Authoriry come ICJFlher and ask for thaa help if they can 't work it out amongst tbemsclves. (h) Tbelma Redell. 49'2 South Galapago SUeel. said she just came IO show her support for her friends at Orchard Place . She said sbe has visilCld friends al Orchard Place for many years and it used to be a nice relaxed atmosphere for the rcsidcats there. From visiting there recently. she wd she knows there is tension in the air and some ol the pecllNC SUly shut up in their rooms because they want IO avoid contact with this person who is causing so much uouble there. He seems to have no feeling. no rcprd for their feelings. ~he said she worb with Vaaa Frank at her store. the Mini Flea Man. Ms. Redell said sbe can just take ooc look at her in the momiaa and ~ when sbe has come in COIIIKI with this per.-on her way OUI to go to work and he has been very rude and aude to her. or die somcllaing has 11..,.,..s in the evening and she hasn't slcpl all night. She laid sbe IOld Ms. Frank that. iftbiap don't ,et bcacr there. she would end up in the holpital, and Ille did. ... t,· •• • .. • • 0 • 0 , . • Englewood City Council June 16. 1997 Page 14 (i) Oitfonl Muller IOld Council he is a resident of Sheridan and he has two reasons for being bcR . He said he is a ra:ipicnt of the water that comes down on Clay, and has gone out into his yard up to bis aakks in wa&cr. He said be lives right next to Mr. Bodtins at the bottom of the hill . The fiftecalb gnea. be said, is aadling but a lake when thal waler comes down that hill. He said he was asked to be iawlwd in lbc Cllllditioll of On:bard Place as an AARP reprelCIIWi\lC from the Stale Legislati\lC Commiaee . This is an i-. be said. tllal docsll't need to Fl as far as the Legislature because it is an ismc tbll can be takclt care of bcR. Tbcre were S83 bills before the Legislature last year and nobody can take care oflllal many bills. Some ofthcm. he said. can be taken care of locally. and this is one of them . He told Council then: is no l'elllOII why they can ·t get involved. because they are people that care . odlcrwi9c they wou1dn ·t be pulling their time in as representatives of the people . As long as you are putting your time in, you should be representing those people, he said. Mr . Muller said he was on the housing board in Sheridan for eight years and the people were very pleased with the board and he docs not sec why it can 't be done that way here . He advised Council to be with the people because that 's why they were elected. 0) Ron Gold told Council his residence address is 2812 South Bannock Street and 428S South Broadway is his business address. After his Englewood Herald letter appeared. which the news paper entitled "Pawnshops are Not Good Neighbors". over a dozen neighbors personally voiced Sllppon . he advised. Today he spoke with Bob Simpson, who said the pawn licensing ordinance can be amended stating that no Englewood pawnshops should be permitted to pawn or sell hand guns . He recalled that Mr. Kaufman of U.S. Pawn said at the last City meeting that his stores do not sell hand guns because of the crime problems. but moSI other Englewood pawnshops do sell hand guns . Stolen weapons are a huge crime problem. he stressed. Just one California hand gun factory alone recently had fifteen thousand stolen, unregiSICred guns. SOIDC of which have bcc11 involved in crimes nationally . Jusa as bill fifty-five before you is designed to fight gang violence. he said. City Council can also help prevent violence by amending the pawn bill to SIOp band gun sales . (k) Judy Dunlop. 293 S Soutb Acoma SUcct.. addressed the passing of the ordinance against day labor services to prohibit them from the B-1 and B-2 l.OIICS. Not only are these businesses not resident friendly. she said. bul neither arc they rcwl friendly . In the last year. she stated. on the retail end of it. then: have been two businesses wilhin SOO fa:t ol SWld By Penvnod. one day care center that was put out of business, and M.D. Liquor and Drug-aft'ecrcd. Now the dog groomer keeps her door locked and paper OYCr her windows because a large. ominous looking man. who was high on alcohol. had entered her Slorc recently and demanded thal she gi\lC him a comb . Ms . Dunlop said the groomer left her previous location because it was close to a day labor place and now she is uncenain whether she can stay here . She added thal the closing and leaving of Stand By Pcnonncl has made a diffcrcncc in the neighborhood. they all have a sense of relief. and she urged Council 10 pass thal ordinance . (I) Vicki Lauimer. 281 S South Broadway . said she is the owner of Pawn Bank . She explained thal she sells firearms. but is licensed to do so just like Gan Brotllcn or any sporung goods store. A hand gun can not be purchased from us. she said. without the individual that is purchasing it filling out the paperwork and going through a a>mplcte background chc:ck with the Colorado Bureau of Investigation. so ii is very difficult for a criminal 10 purchase a hand gun from us . Council Member Habenicht asked if she would be adverse to el imi1111tng the hand guns from her busillCSI . Ms. Lauimcr llid ir is a large enough pan of her business tbll she would obJcct 10 11 . Tiic guns that are sold from her Slorc. she explained. are guns that arc sold for ~ ~ "'ho you would not want to own a gun is probably not going to pun:bas the pan from I busillCSI. She said she docs not Ced it addreua the problem ol criminals oblaining pans becaule tllal 's IIOI wheR they oblain them . "' - .. •· • 0 , ]- Englewood City Council June 16, 1997 Page 15 (. ,,, -• • • • Council Member Vonnittag asked if a pawned gun must have a serial number on it. Ms. Lattimer said that is colTCCl. Mr. Vormittag said that you would !hen know that is was stolen by lhc serial number. Ms . Lattimer agreed. adding that all pawn tickets are reviewed by lhc police department. Council Member Habenicht asked if she bad ever experienced a theft. Ms. Lattimer said she has bad rwo thefts, one of which was a gun . (m) Ric:bant Manning said be has WOlkcd in Englewood for the last twenty-live years. He said be bas a very strong feeling about the gun problem. He said be is a lifetime member of the NRA and feds we have very good laws prohibiting drugs. but they are DOl getting rid of lhc drugs. Responsible people who sell weapons to responsible individuals is the only way we can do iL because outlawing guns will DOl gee rid of them or the criminals. 8 . Commuaicatioas, Proclamations aad Appoiar-u (a) A letter from Andrea Menin-Oicm indicating her resignation from lhc Englewood Clean, Green and Proud Commission was considered. COUNCIL MEMBER VORMITIAG.MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LETl'ER or RESIGNATION FROM TIIE CLEAN, GREEN AND PROUD COMMISSION FROM ANDREA MENIN~IEM. Ayes : Council Members Nabholz. Vonnittag, Wiggins. HabcnichL Waggoner. Clapp. Bums Nays : None The motion carried. (b) A letter from Robcn Mason indicating his resignation from 1he Englewood Planning and Zoning Commission was considered . COUNCIL MEMBER VORMJTl'AG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LETl'ER or RESIGNATION FROM TIIE PLANNING AND ZONING COMMISSION FROM ROBERT MASON. Ayes : Council Mcmben Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None The motion carried. (c) A letter from Ann Nabholz indicating her resignation from the Clean. Green and Proud Commission was considcrcd. COUNCIL MEMBER VORMITI AG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LETl'ER or RESIGNATION FROM THIE CLEAN, GREEN AND PROUD COMMISSION FROM ANN NABHOLZ. Ayes : Council Members Nabholz. Vormittag. HabenichL Waggoner, Clapp. Bums Nays: Council Member Wiggins The motion C31'1'icd . Council Member Wiggins mnartcd that he would like her to stay on the Commission. . ' ... ,. • 0 ' ]- - • • Englewood City Council June 16, 1997 Page 16 • 0 l • • Mayor Burns thanked Council Member Nabholz for her diligent work on the Commission . 9. hblic Baria& No public bearing was scheduled before Council . COUNCIL MEMBER CLAPP REMOVED 10 (a) (ii) ROM THE CONSENT AGENDA COUNCIL MEMBER WAGGONER REMOVED 10 (a) (Iii) PROM THE CONSENT AGENDA COUNCll. MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ON FIRST READING. (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO .S4, IN'IRODUCED BY COUNCIL MEMBER VORMITIAG A Bill FOR AN ORDINANCE AMENDING TITLE S, CHAPTER JA. SECTION 7. WITH THE ADDmON OF A NEW SUBSECTION D. PERTAINING TO LIQUOR LICENSE RENEW AL OF EXPIRED LICENSES; AND TITLE S, CHAPTER JB. SECTION S, OF THE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR THE CITY OF ENGLEWOOD. COLORADO. Vetcffalts: Ayes : Nays : The IIIObOO carried. Council Members Nabbolz. Vonnittag. Wiggins. Habenicht Waggoner. Clapp, Bwns None (ii) Regarding a rcc:ommcndation from the Dcpanmcat of Safely ScrvKlC5 to approve a bill for an ordinance aa:cpting funding for a Gang Resiaaace Educalion and Training program. Council Member Clapp said she was very confused as she went th,ough this whole thing. She said she is having a hard time understanding exactly what this program is . It looks like it is tied somehow to our D.A.RE. program and cuncnUy that is with the fifth graders. and this is proposed with the seventh graders. Somehow I feel that wc should have bad a study session with the school board with this. She said she also read that this would noc take care of all the funding and she would like to know what other funding for this program the City would be asked to come up with . She said she would like to know where they arc conducting these types of classes and what the children get from it. Deputy Director Olson. Dcpanmcnt of Safety Services, explained that this is a rccommcodalioo that our folks, especially the D.A.RE. program. have been working on for about the lasl year now . This is a program that the Department of Alcohol. T oblla:o and Firearms actually lpOIISOR. he said. and wc may be one of the first in the State that actually has this. We arc proposing that wc subltitute the present seventh grade D.A.RE. program with the G.R.E .A.T. program. which eueatially addrcacs gang resistance: and education traidrng. which wc feel is becoming a problem . It hu been addrcaed several limes with the ICbool board and they arc always asking for more and more education on this. more and more seminars, and so forth . Mr . Olson said wc feel this is a good program to get in on with the kids that arc Cllelllially being impacted by this. We will noc be teaching D.A.R.E. at the seventh grade level. he said. bucd on I' - • . .. •· • 0 ' ]- • • Englewood City Council June 16. 1997 Page 17 • 0 , . • some SUJVeys we did with the kids through the Englewood Public School system . We found that the D.A.R.E. program in seventh grade is not as cffecti11e as we tboughL the kids felt they got enough in the earlier programs and that this was repetition for them and they were kind of bored by it. He said we decided to try something else where we could still be in the school system. still affect something positively, still have police officer prai:ncc there and ICaCb them something of a positive nature. We applied for the granL and originally we bad asked for significantly more. but for the first year. anyway . they gave us SI0.000, he explained which is approximately what we get from the Swe of Colorado for D.A .R.E . training in Englewood. Cooncil Member Clapp asked why the Bureau of Ala>hol. Tobaa:o and Firearms is giving us S 10.000 for a program. Mr. Olson said they are apparently the sponsoring federal agency . Safety Services got close to $500,000 over the last three years in granlS. he said. some of which come from the Dcpanmcnt or Justice. and in this case. A TF happens to be the sponsoring agency for this. II is not so much that we sought them ouL but we became aware of it and they expressed interest in having this program here in Englewood in the State of Colorado and have essentially established us with the base SI0.000 grant . The grant is a liUlc bit different than some of the other ones we have gotten. he said. because there is no match to it. the City doesn't have to put anything extra into it . specifically. We can use the money for capital . supplies and personnel costs ifwc need to. while the D.A.R.E. program only pays for supplies. equipment and training. There arc several officers already committed to D.A.R.E .. which is fairly extensive. This will not provide all the funding, by any means. for the G.R .E.A.T. program. but we already have those personnel in place who will begin training this summer. if this is approved. so we will be covered already in our budget and this will supplant that budgcL he explained. We have already talked to the school system on this. he said. and the superintendent has signed off on it and we arc now working on the curriculum with the school system. It is about a nine week program and will pretty much go along the lines of what the D.A .R.E. program is doing right now . We arc going to give it a try. he said. and sec how it works the first year. II is a one year grant and ifwe find it is not successful. or doesn't meet our nc:cds. then we "ll look at some alternatives. possibly going back to the D.A.R.E. program. but also possibly continuing with this if it works out. Council Member Clapp said. although she suppons the D.A.R.E . program. she has trouble voting for something for which the curriculum hasn't even been worked out yet. She said she would need more information on what exactly this program is and what we are really supponing. Mr. Olson said all they are asking for is Council's agreement to acocpt the SI0.000 grant. Ms . Clapp said there are strings with any kind or grant money. Mr . Olson said he can provide her with that kind of information. but right now. time wise. we need to get this approved. and it still has 10 go to second reading . He said ATF called him yesterday to learn what the status is now. because we need 10 get the training staned for our primary training officer for this year. The curriculwn has essentially already been established. he said . We arc 1nccting with the school system to make sure it fits in just time wise . and we will be working all summer long getting it ready for implementation in the fall . I Council Member Clapp said she suppons the D.A.R.E. program. but docs not feel tlie ground work has been done on this one at all . Mr . Olson said he would have to disagree and he can give her as much infonnation as she wants. but we are ready to go on it. This is pan of the federal process 10 accept the granL they have to have the commitment of the governing body first. Ms . Clapp said she is not real clear on whal exactly we arc accepting. Cooncil Member Vormittag asked how many police officers we are going to put on 10 that training. Mr . Olson rcspoodcd that. right now . we are aoina to start with one officer. Reid Mc:Graah . We are workin& on a train the trainer program . He will go get the initial training and then we will be able to provide "'~ • . •· • 0 ]- - • Englewood City Council June 16, 1997 Page 18 ·, <. • • I • - essential training to at least one of the other officers who would normally be working in the seventh grade sySICDI . Council Member Habenicht said she thinks this sounds like a good idea . She said she had occasion to read some of the Board of Education minUICS when they were talking about doing surveys with the middle school Sbldenls. Ccnainly it bean out what Mr. Olson has told us in terms of their being a little tin:d of D.A.R.E., she said. but there -• good reason for having a program continue. She said she also agrees with Council Member Clapp. She recalled that when we talked years ago about going into the D.A.R.E . program we were able to look at the materials before we enten:d into the agreement with tlle school board. Since this is a council bill on first n:ading, she asked to have the opportunity to sec the materials before 9eCIOlld raiding. She askcd if this would in any way address the graffiti and tagging problem in the community . Mr. Olson said ccnain portions or the curriculum will address tha1. A lot of this is self es1ccm and awareness type of issues . Causes of gang type problems. and graffiti would be one of the portions of that applicalion. he said. Mr. Olson said he can have Officer McGrath here for the second reading and provide Council with information from A TF. Ms. Habenicht said she would like a wort book or text book . Council Member Nabholz said. on page two of the co-op agreement. it says this program would only be instituted in the public schools. however, on the recommended action. it says this will be in both public and private schools . Mr. Olson responded that we are going to try to do it in both. She also asked why it is only the seventh grade that is targeted. Mr. Olson said we don 't have enough personnel to do it a1 both levels. and seventh grade is appropriate because of some of the peer problems. He said maybe eventually we could. as there is a shoner program set up for that. Ms . Nabholz said she personally thinks it needs to be reversed . Mr. Olson said doing it with younger aged kids is just not effective. it is the older kids just gelling ready to go into high school where we have our major concerns. Tiie seventh and eighth graders lead to be the IIIOSl resistant 10 disciplinary type things. he advised . Ms . Nabbolz asked how far he thinks the S 10.000 grant will go . Mr. Olson said it will cover the initial training this IIUIIIIIICI'. IIIOSl of the supplies and text books we will need through the year and maybe some ovenime. He said they will be getting aaolber SI0,000 for the D.A.R.E. program for next year and. since we won't have it in seventh grade. we will have a loc of extra money for D.A.R.E . for ocher things. Council Member Habenicht recalled that the kids who were interviewed still strongly support the D.A.R.E . program and SIOries told by some of the kids who have been involved indicale. a1 least subjectively, that it seems to be making a difference . She said she would not want to sec anything taken away from the D.A .R.E. program . Mr. Olson said he will definitely have the information to them by second reading . COUNCIL BILL NO . SS, 11'ITRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING AN llln'EROOVERNMENT AL AGREEMENT BETWEEN l1fE UNITED STA'lcS DEPARTMENT OF l1fE lllEASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS AND l1fE CITY OF ENGLEWOOD FOR l1fE IMPLEMEl'l1' ATION AND CON11NUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND lllAINING (G .R.E.A.T.) PROGRAM IN BOTH PUBLIC AND PRIVA'Jc SCHOOLS IN l1fE CITY OF ENGLEWOOD . COLORADO . ..... • . .. • • 0 , I ]- • • • '· Englewood City Council June 16, 1997 Page 19 COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (ii) -COUNCIL BILL NO. 55 Ayes : Council Mcmben Nabholz. Vorminag. Wiggins. Habenicht. Waggoner. Clapp, Bums Nays: None Tbc motion carried. Mayor Bums cncouragcd all members o( Council who are a>nccmed to get as much information as possible before the next meeting. He said it looks like a promising program . (iii) Regarding a re:ommcndalion from the Deputmcnt of Utilities IO adopt a bill for an ordinance approving a Conneclar's agreement with C~ Hills Village Sanitation Dinrict. Council Member Waggoner said he had some questions on the map. He said he a>Ulcl not determine which areas were in and which were out. Operations Manager McCormick said ii goes from Hampden on the nonh and zigzags around over by Orchard. II is a district we have had for about twenty years. Mr. Waggoner asked if there are any additions 10 the district . Mr. McCormick said there is an area called the Buell property, but he is not aware of any Olher areas. He said he understands there will be large homes going in there rather than a holel . They have analyzed that d111inage basin. he advised. and our sewer will take lhal area Council Member Waggoner asked if the pipe sizes we ha~ now will take all of the area. Mr. McCormick said ii will take all of the areas on the map right now and we have the right 10 review any building plans and do any analytical evaluations before we approve any building. Council Member Wiggins told Mr . Waggoner lhal Director Fonda. at the Water and Sewer Board meeting. assured them that Cherry Hills or the &di property developer will pay all expenses if there is oc:w piping required lo hook up to our lines. Mr. Waggoner asked if that will be all the way 10 the sewer plant. Mr. McGormick said our line has been analyzed and is satisfactory. He feels there is a provision that. if there needs to be upsizing in the future. they will pay ii. Mayor Burns asked the status of the Buell property. He said he saw some public hearing signs there. but he didn 't know if they were old. Mr. McCormick said he docs not know the status. Council Member Vorrnittag asked how many homes they are planning 10 put in. Mr . McCormick responded lhal he believes it will be lea than 100 . Council Member Waggoner said he can remember them telling us they would not participate in the line. they would never want 10 a>mc into the City, and wanted nolhing 10 do with us. COUNCIL Blll NO. 56. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING A CONNECTOR'S AGREEMEIIIT BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRJCT AND THE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (Ill) -COUNCIL BILL NO. 5'. -Ayes : Council Members Nabholz. Vorminag, Wiggins. Habenicbt. Clapp.Burns Nays: Council Member Waggoner The motion carried. - ' ' •· • 0 , - • • Englewood City Council Jwie 16 . 1997 Page 20 . ' • 0 - <, (b) Approval of Ordinances on Second Reading t• COUNCD. MEMBF.R WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) THROUGH (vii) ON SECOND READING. (i) ORDINANCE NO . 4S . SERIES OF 1997 (COUNCIL BILL N0.42 . INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE REPEALING TITLE S. CHAPTER 13 . OF THE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO lcMPORARY EMPLOYMENT SERVICES AND RE-ENACTING A NEW CHAPTER 13, AND WHICH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO . 2S, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM ON LICENSES IN THE CITY OF ENGLEWOOD. COLORADO . (ii) ORDINANCE NO . 46 , SERIES OF 1997 (COUNCIL BILL NO . 43. INTRODUCED BY COUNCIL MEMBER VORMITI AG/HABENICHT) AN ORDINANCE REPEALING TITLES, CHAPTER 12. SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE !98S PERTAINING TO PAWNBROKERS AND RE-ENACTING A NEW CHAPTER IS . AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO . 2S . SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD , COLORADO . (iii) ORDINANCE NO . 47 . SERIES OF 1997 (COUNCIL BILL NO . 44 . INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE ENACTING A NEW TITLE S. CHAPTER 16, OF THE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WHICH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 2S. SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD . COLORADO . (iv) ORDINANCE N0.48. SERIES OF 1997. (COUNCIL BILL NO . 4S. INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE REPEALING TITLES. CHAPTER 10. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERT AJNING TO AUTO SALVAGE AND RECYCLED MATERIALS YARDS AND ENACTING A NEW CHAP1cR 10. AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO . 2S . SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD . (v) ORDINANCE NO . 49, SERIES OF 1997 (COUNCIL BILL NO . 46 . INTRODUCED BY COUNCIL MEMBER HABENICHT/VORMITTAG ) AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 10. 12 . AND 13. OF THE ENGLEWOOD MUNICIPAL CODE 1915 . PROHIBITING PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT : ALLOWING PAWNBROKERS AND AUTOMOBn:! PAWNBROKERS AS PERMITIB> PRINCIPAL USES IN THE B-2 . BUSINESS DISTRICT WIT1f DISTANCINO REQUIREMENTS: AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE I-I INDUSTRIAL DISTRICT AS PERM11iED PRINCIPAL USES Willi NO RES11UCTIONS . "' - • .. •· • 0 - • • • • '· Eqlcwood City Council Jae 16 , 1997 PIF21 (vi) ORDINANCE NO. 50, SERIES OF 1997 (COUNCIL Bill. NO . 47 . INlllODUCED BY COUNCIL MEMBER WAGGONER/WIOGINS) AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTlONS 10. 12 . 13 AND 14. AND OIAP1B I. SECTION I. OF 11fE ENGLEWCX>D MUNICIPAL CODE 191S . TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTIUCTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDITIONAL USE IN 11fE 1-1 AND 1-2, INDUS11UAL DIS11UCTS, Wl1H DISTANCE REQUIREMEN1'S. (vii) ORDINANCE NO. SI, SERIES OF 1997 (COUNCIL Bill. NO . SI, IN11lOOUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE AlmfORIZING TWO AGREEMENTS ENTITLED MPIPE LINE LICENSE" BETWEEN 11fE BURLINGTON NOR1llERN AND SANT A FE RAILWAY COMPANY AND 11fE CITY OF ENGLEWOOD. COLORADO . Ayes : Nays: The motion carried. Council Members Nabholz. Vonniuag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (c) Resolutions and Motions DlllECI'OR GRYGLEWICZ ASKED TBA T 10 (c) (Ii) AND (iii) BE REMOVED FROM THE CONSENT AGENDA. COUNCU. MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I), (Iv), M, (vi) AND (vii). (i) RESOLUTION NO . S7 , SERIES OF 1997 A RESOLUTION EST ABUSHING FEES FOR TEMPORARY EMPLOYMENT LICENSES UNDER TITLE S, CHAPTER 13. OF 11fE ENGLEWOOD MUNICIPAL CODE t 98S . (ii) RESOLUTION NO. sa. SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR AUTO SALVAGE AND RECYCLED MATERIALS YARDS LICENSES UNDER TITLE S, CHAPTER 10, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S . (iii) 11fE PURCHASE OF A SANITARY SEWER FLUSHER TRUCK FROM KOIS EQUIPMENT COMPANY IN 11fE AMOUNT OF $77,002 .00 . (iv) 11fE PURCHASE OF A LOADER/BACKHOE FROM HONNEN EQUIPMENT IN 11fE AMOUNT OF Sl9,0l9.00 . (v) 11fE PURCHASE OF A TRACTOR FOR 11fE WASTEWATER TREA1MENT PLANT'S BENEFICIAL USE FARM FROM STRASBURG EQUIPMENT COMPANY IN 11fE AMOUNT OF $102,237 .92 . --~1Yli'-1 . ' • • 0 - - • Englewood City Council JWIC 16, 1997 Page 22 Ayes : Nays: The motion carried. • • • C. Council Members Nabbolz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (ii) and (iii) Din=ctor G,yglewic:z. Financial Services. told Council that. for Pawn Brokers and Auto Pawn Broken licenses. the initial fee should be S2,S00 and each annual fee should be Sl,000. That is the fee thal has been approwld in the past. he advised. Council Member Waggoner asked if the ilMlliptivc fee stays the same. Mr. G,yglcwicz said thal is included in the initial fee. There are only the two fees aslOCiated with these licenses. ndber than the duee listed oo the resolutions. The resolutions were: assigned numbers and read by title. RESOLlTTION NO . S9. SERIES OF 1997 A RESOLlTTION ESTABLISHING FEES FOR PAWN BROKER LICENSES UNDER TITI.E 5. CHAPTER IS, OF THE ENGLEWOOD MUNICIPAL CODE 198S . RESOLlTTION NO. 60, SERIES OF 1997 A RESOLlTTION ESTABLISHING FEES FOR AtrrOMOBILE PAWN BROKER LICENSES UNDER Tl11..E 5, CHAPTER 16, OF THE EN(!iLEWOOD MUNICIPAL CODE 1985. COUNCR. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (c) (ii) AND (iii) AS AMENDED. Ayes : Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None The motion carried. 11 . Replar Apda (a) Approval of Ordinances on First Reading There were: DO additional ilCIDS submined for approval on lirsl rading. (See Item 10 -Consent Agenda.) (b) Approval of Ordinanc:cs on Second Reading There were DO additional ilCIDS submined for approval on second reading. (See Item 10 -Consent Agenda.) (c) Raollllioas and Motions there were DO additional Rcsollllioas 111d Motions submined for approval. (See Item 10 -Coucnt Agenda.) 12 . Gcllenl DIICIIIIIN . ' • • • 0 l • - Englewood City Council June 16. 1997 Page 23 (a) Mayor's Choice . • • I• • ' I. Mayor Bums said be attended a ceremony in Glendale on Friday al a new part they '-. which is built on a landfill. The ccn:mony was also attended by an Under Secretary from HUD . The Sc:cn:wy or HUD and the Under Secretaries were fanning out around the CXIUDtly, be said. because it was Affordable Housing Week around the nation and the Metro Mayors' Caucus sponson:d this affordable housing recognition. The Metro Mayors' Caucus is getting together and publishing. and signed an agreement a1 the appearance for a consortium of municipalities, to bring fonh a cook book approach to aff'onlable housing. which is a conccm for all of our municipalities. Mayor Bums opined that this will be a C01111111Ctive effort. 2. N-·,or Bums staled dial. this aftenloon. be llteoded the First Data Corporation grand opening across the ~-, which was quite impressive . The five story building has been renovated and First Data is the tenant. They had their Slaff, the praident or their comp111y. and several executives there. as well as the ao-nor. to welcome this new business . The biggest problem. be believes. will be parting. Mayor Bums said they have clone a bcauliful job or renovating that building. especially the entry way. City Manager Clark also anended. as well as Bob Simpson and An Scibelli from Neighborhood and Business Development. and Council Members Nabholz and Clapp . He feels it was a very significanl new S1an for a new Englewood business and harbors some good things for Englewood . 3. Mayor Bums advised that the Chamber of Commerce has rcquesaed that the City help sponsor a foursome in the golf tournament on July 14"'. which would cost $300. MAYOR BURNS MOVED. AND IT WAS SECONDED, TO SPONSOR A FOURSOME FOR THE CHAMBER or COMMERCE IN THE GEORGE ALLEN INVITATIONAL GOLF TOURNAMENT ON JULY 14. 1997. Council Member Habenicht asked if the Chamber purchased a foursome for the Clean. Green and Proud tournament. Mayor Bums asked Jim Rees. who was sitting in the audience. and he responded that he did nae know . Council Member Waggoner asked what our membership costs. City Manager Clark responded that it is around SS.000 a year. but he is unccnain or the exact figure . Mayor Burns said be has been mr:cting periodically with the Chamber and EDDA for bn:akfast and be said be would personally like to help foment this rdalionship and feels we need to wort on it. Council Member Clapp said she thinks that is a two way Slreel. Ayes : Nays : The motion carried . Council Members Vonnittag. Habenicht. Waggoner. Bums Council Members Nabholz. Wiggins. Clapp (b) Council Member's Choice (i) Council Membs Nabbolz I. She said that she is meeting with City Manager Clark and Safety Services Dinictor S&aDley oa Wedaeldly at 2840 South Sberaml SIJeet. She said she was by tllen: t11ia ~ and IIOliced 11111 the Medi have been mowed. allhoup there an: still some thinp dial need to be doae . Some brucllcs an: "' - • ~ .. • • 0 Englewood City Council June 16. 1997 Page 24 '· • • • still panially out in the alley. She said she would like to know if the City cleaned this up and sited the individuals or if the OWl1CfS cleaned it up. She also asked for a time frame when ii will be totally done. 2. She said she would like to know if any type of a permit has been pulled for a Fourth of July celebration in the 3000 block of South Delaware. It is a very problcmalic block. she said. and she has bad hiO constitucnu on that block call her and she is \/Cl')' concaned. She said they have allcgedly gotten a permit from the City to block oft' that street to have their own celebration. (ii) Council Member Vorminag I . He asked what the possibility is of having that become a Project BUILD property. Mayor Bums said he underslands that has been addressed before but the owner wouldn't sell. He fdl they would be delighted to have that be a Project BUILD. Mr. Vonninag asked if City Manager Clart can look into that. Mayor Bums said he fccls there is a long history there and then: was an ancmpt. Council Member Wagoner said be ffi{ln'I think the C ity could get involved in that. Deputy Dircclor Olson. Safety Services. said they an: n:ally seriously uying 10 address thc issues at this property. He said he n:alizes lhcrc has been a long history, but then: have been several cleanups then:. Normally when wc do a ctcanui,. w: don '1 have City personnel go out and do ii. he explained. we hin: a private firm . A private firm cleaned this up and Mr. Olson said he did not have a chance 10 go over and sec what they did today . lfwc need 10 do mon:. he said, wc will be over then: tomorrow. We will send a bill to the property owner and they will have a chance 10 pay ii or ii will go as a lien on their property if they fail 10 pay ii. He said wc have cited them and summoned thcm lo court. Apparently the property has been owned by an older lady, who has since died. and her daughter now has the property . There is an inlcnt for them 10 gct a rezoning lhcn: so they can build a triplex. he said. so they can live then: and make it a decent piece of property. The owners live in Arvada. so ii is tough for us to deal with them. be said. but wc an: going 10 be enforcing very strictly on this. We have -new things going into cft'ect with Municipal Court and. if these people don ·1 respond in thc fashion wc want, they will be appearing before us. We will go over there tomorrow and look at it and. ifwc have to bring the grounds cleanup company back. WC will. be said. Council Member Nabholz asked. if this had not been brought up tonight. would then: have been a follow up on this property to make sure ii had been totally cleaned up . Mr. Olson said yes. he was going to do that anyway . Ms. Nabholz asked when that would have been done. Mr. Olson said this week . We have been out then: pretty regularly on this property. he said. Council Member Wiggins asked if then: an: currently any liens against it from the past . Mr. Olson said be docsn 't know if then: an: any liens outstanding. After a period of time. if the costs an: covered, we take our lien off'. He said he would check. Council Member Nabholz said she would be concerned if they wen: in a triplex since they have bad so much trouble maintaining a vacant lot. Mr. Olson said he heard they an: fairly good owners. but it is one of those situations when: the owners arc out of town and it is the last thing on their minds. Council Member Clapp asked. after so many citations have been issued. if lhcn: is not a point when: you can say enough. Mr. Olson said then: is and we an: at the poinl of gctting them into court. In the future you will sec a ltll of activity in these kinds of sites. We an: able 10 wort the problems out with ninety-live percent of the people in the City. he said. ,,, - . , ·- 0 .: • 0 , I - - • Englewood City Council June 16. 1997 Page 25 • • • Mayor Bums said the BUILD program is still a City program and the City could take these properties. Mr. Olson said that is really up to BUILD . and he does not think the owners are looking at that. We have approached them several times but they seem to be interesled in developing it themselves. Mayor Bums asked if there is a solution if you have a property that just won't work with you. Mr. Olson said Projecl BUILD has taken a lot of the properties we have worked on in the last year and, financially, be is uncertain what position they are at. There may not be enough money to keep getting into these. Mayor Bums said be believes moa of the money is out right DOW on properties. but they sell very well and the money goes back into the pot. Mr. Olson said they try to identify properties they think are suitable for ffldevelopment. 2. Coonc:il Member Vonninag distributed items he obtained at the recent International Council of Shopping Centers Conference in Las Vegas. as well as his repon . He said be has a lot of material that be will pu1 upstairs bY Council's mail bo"es. He pointed out a nice anicle in one publication that was written bY City Manager Clark. (iii) Council Member Wiggins I . He asked if the Housing Authority has received any payments on the depot loan. Mayor Bums said they extended the loan. which was up in April, for another year. Mr. Wiggins asked if it was interest free. Mayor Burns said it is a low interest loan . He said they arc 1rying 10 give the Historical Society an opportunity to be sua:cssful with their fund raising program. Mr. Wiggins asked whal the status of that is. Mayor Bums said they met with the professionals Ibey engaged aboul 1wo months ago and were filvonbly impressed. He said be thinks that they are just getting into the meat of their fund raising DOW, and be feds they should be given a chance . Mayor Bums n:allcd that. al tbc last Council mcctin&. there was a motion for an appraisal on the pnipcny tbc Housing Authority owns on site. He said he spoke with some council members afterward because that took him bY surprise. He aSICfted that it was pulled off tbc table and it is not for sale al the moment al all. The Housing Authority would like to sec whether the Historical Sociay fund raising can be sua:cssful . Not only are we intercSted in having them buy the site from us . he commented. but we are also wanting to have them repay the $300,000 that they owe the Housing Authority. He said he would like to have a rcpon at our next meeting as 10 how they are doing. Council Member Vonnittag asked if that would be the meeting of June 25'". Mayor Burns responded that be probably won't be there and the new director won't be on board yet . 2. Council Member Wiggins recalled that funds were allotlcd for a hotel fcaibility study, which Clarion was going to do. He asked where we arc on that. City Manager Clark said there were some holdups in the data collcction from Swedish and Craig as far as how much the demand would be. He said be will follow up . 3 . He asked how far we have gotten on funds gathered for the study of the ans. which was to be matched bY the City. C ity Manager Clark said it is somewhere around $2,000. Council Member Waggoner said that is not near enough to wanant the other half. Council Mcmlll!r Habenicht. as the liaison to the Cultural Ans Commission. recalled that. when they attended a Study Scssioo. that qucslioo came up apin and it is her undcnlanding that they were going to meet with City Council about that. She said they have worked up a response to where they arc and arc willing to dilCUII it. -~ ---- ;- • . •· • 0 Englewood City Council June 16, 1997 Page 26 • • I• • Council Membel' Wiggins said he was jUSI interested in the dollar amount and doesn 't need to meet with them. Council Member Habenicht said there is more to it than just numbers. there is the logic and thought behind it also. (iv) Council Member Clapp told Council she met with Janet Grimmett on Friday md it was really enlightening. She said she may mcct with her apin. She Slated that. at one time. we had Sheny Gulley and Mayor Burns on the Housing Authority and that was because Mayor Bums was chair and Ms. Gulley was the Council liaison. Ms. Clapp said she has a hard time understanding how one person can wear so many hats and represent Council. and act as chair and act as Mayor. She said that must be very difficult and wondered if we shouldn't have another Council representative on that board. Mayor Bums responded that. when the Housing Authority was formed. it had no staff and no money. The first executive director was a staff member in the Planning Department of the City, who was farmed out to the Housing Authority halftime. Her name was Lois Kocian. he said. Gradually over the years. the person who was in that position began to work more and more for the Housing Authority . Wanting to keep tabs on what was going on with the Housing Authority, the City proposed that there be a City Council member on the board. and there has been ever since it was formed. When Sherry Gulley was elected. she was the Council representative. and then when I got elected to Council. he said. we had two representatives and then Ms. Gulley resigned. Mayor Burns said he has told 1nembers of the Housing Authority Board that it is more difficult being the chair and the Mayor at the same time. Mayor Burns said there have been occasions when he has had to s&ep down from discussions here and he is seriously a,nsidering this. Other housing authorities have had a tenant on the board. and. he opined. we may not need a council member any more. Mayor Bums said this is the twenty-fifth year of the Housing Authority md there will be a celebration in September. After that, he said. he is going to take a good hard look at this md see what he should do. He told Ms . Clapp it is I good question. a>minuing that. as the Housing Authority propessed and became further funded. they rm:bed a point where they hired their own director. At thal time. some of the Council Members thought it would be letting the Housing Authority go too much. The Housing Authority had the power IO do it ud it has just a>ntinued opcnting the way it did. so the director has been hired by the Housing A .. hority ner since. Mayor Burns said he got • lcpl opinion ftom the Housing Authority's attorney on this issue las& Mdt. The atlorney said it -not illcpl for him to be in both posilions. but he may have to abstain II times. Different cities do this difrcrenc ways. he said. Colorado Statutes allow the City Council to become the Housing Authority Board. and Lakewood has an ordinance that does ROI allow a 1nember of council to be on the Housing Authority Board 11 all . A nwnber of cities. he said. have a council member on the board. and a IOI of them don ·1. and this may be something that we should retl1ink. he said. Council Member Vonnittag recalled that. when he was ruuned to the Mayor position. Council was aware of his being the chairperson of the Housing Authority and Council accepled that at the time and allowed him to a,ntinuc to be the chair. as well as the Mayor. Council Member Clapp asked if the Mayor has to sil on the Housing Aulhority Board . Mayor Bums said that is not the case. but he just happened to be on there when he was appointed here. (v) Council Member Habenicht I. She lhanked Council Member Vonnillag for his repon from lhe International Council of Shopping Cenll!rs Conference. 2. She said her hean was touched wilh the concerns from the Orchard Place residents. She feels there has been a real lack of communication lhat they had no idea they needed 10 ao 10 the Housin1 Authority. She encowapd 1hc Housin1 Authority to check lhat Olli thorouply. ' •· • 0 ' Englewood City Council June 16, 1997 Page 27 • • • Mayor Bums said he feels some of it is because of the transition between executive directors, but added that he is frankly embanassed that these people were here tonight. Thal should never have gotten this far , be said, and be is cenain this will be addressed. 3. Ms. Habenicht Slated, with regard to the golf tournament. she knows there is some concern there. Sbe said she WIS wavering a tilde bit. until she realized it was the George Allen Golf Tournament. She recognized how many people have put so much of themselves into this community, and expressed deep sadness at the death of former Mayor James Taylor. He WIS Citizen of the Year with his wife. Jennie, she said, and many of the people that she has gotten to know since being on Council and joining the Lions Club, have contributed to the City and some have been mayors, as was George Allen . When there are problems amongst people and institutions within the community, it is important to look back to those times that bring us close together. She said when she saw George Allen's name, she jUSI could not help thinking of all the fine people who have come before us and could not say no to that. She repeated her deep regret at the passing of James Taylor. adding that he has been a real peace maker and a wonderful person for this community . Mayor Bums joined in that. Slating that he was unable to go to the Citizen of the Year awards this year . He said he spoke lo Jennie Taylor that Sunday before the ceremony. Mr . Taylor did a lot of wonderful things for this community, he said, and was very instrumcnlal on helping pass the bond issue on the Simon Center, which was the first project the Housing Authority ever did . He said Mr . Taylor was very supportive and he dearly loved him. Ms. Habenicht shared that he was also very supportive of the Rccrcation Center and Cultural Arts at Cinderella City . • •••• Mayor Burns said that he received an invitation from the President and Mrs . ClinlOn to attend a party for the Summit of the Eight. The party is called Saturday Night at the Summit and will be at the National Wcstcm Event Center. He said he docs not know much about this. but it is quite an honor to m:eivc an invitation, and he will endeavor to attend. 13 . City Manacer's Report City Manager Clark pointed out the Cinderella City Status Rcpon in Council's packet . He said the good news is that Equitable has decided not to pursue tbe unsolicited offer from the Florida based real C5late developer. Last week, in fact. they instructed their Denver counsel to go ahead and make the adjustments to the purchase and sale agreement embodying some of the changes he previously briefed Council on . The information should be available to the City Allorney sometime this week, he said . He said he is still trying to put logcthcr a meeting with the Museum of Outdoor Arts group and Miller/Kitchell . MOA has asked that we hold off on it. he said, until they have had an opponunity to review the Slatus situation with their board of directors . Council Member Wiggins said it was encouraging 10 hear Mr. Miller say 1onigh1 that Ward's is going down on their asking price. · 14 . City Attorney'• Report ..... •· • 0 ' I ]- ]- Englewood City Council June 16, 1997 Page28 · ... ,. • y • h • City Attomcy Bruczmaa told Council that the Liquor Licensing Alllbority bas added an open forum IIOCtioa IO their meclinp. 111erc--concern and confusion after the M.D . Liquor and Drug hearing 111d IO tbcy aft iaviled die acipbon and cili7.ens in tbal -IO come IO • meeting IO tbey can explain die rules dial tbey 1M by and why tbey made dial decisioa. Or 111Y otber ilall. for that maner. be added. 15 . Adjla..-S COUNCR. MDDU WIGGINS MOVED TO ADJOUllN. The meeting adjourned ll 10:17 p.m. ;-. ' • . .. • • 0 .; ,_ __ I ]- • • • C• . • ' . <. ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Saaioll Jue JO, 1997 All Council Members signed an w ACKNOWLEDGMENT OF RECEIPT OF NOTICE" OF 11fE "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." I. Call to Onler The special meeting of the Englewood City Council was called to order by Mayor Bums at 5:32 p.m. He 5laled that the special meeting was noticed on Jwie 23"' by four Council memben • Council Membcrs Lauri Clapp, Alex Habenicht. Ann Nabholz and Al Vormiuag and then he, as Mayor. noticed it. 2. llell Call Present : Absent: Council Members Nabholz, Clapp, Wiggins, Habenicht, Vonnittag. Waggoner. Bums None A quonam was pn:senl Also present : City Manager Clark City Attorney Broczman City Clerk Ellis J . MadN • • iac8 EUICll&ift Salioa Mayor Bums 5laled they have notice for an Executive Session. staniJlg at 5:30 in Conference Room A. for three personnel mauers and two real estate matters. He asked for a motion to go into Executive Session . COUNCR. MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION FOR THREE PERSONNEL MATTERS AND TWO REAL ESTATE MATTERS. Motion carried . Ayes : Council Members Nabholz. Vonnittag. Habenicht, Waggoner. Clapp, Bums Nays : Council Member Wiggins Mayor Bums noted that Council is scheduled to be in Executiw Session from 5:30 p.m. to 7:30 p.m. in Confercncc Room A. He adviled that the Special Session will reconvene at 7:30 p.m. in Council Chambers . The meeting was recessed at 5 :34 p.m. and Council went into Executive Session. The meeting reconvened at 7 :37 p.m. with all seven members present. COUNCR. MDIBER BABI.NICHT MOVED, AND IT WAS SI.CONDI.D, TO RECI.SS PROM EUCU'DVI. SI.SSION n>R THI. UGULAR SI.SSION AND ,OLLOWING THI. UGUL\ll I' - ' ,.-~ • ' .. •· • 0 I Enclewood City Council, Special Session June JO, 1997 Page 2 .. • 0 • SESSION TBA T THEY RESUME THE EXECUTIVE SESSION AND ASK THAT CITY MANAGER DOUG CLARK JOIN THEM. Motion carried. Ayes : Council Members Nabholz. Vonnittag. Wiggins. HabenichL Waggoner. Clapp, Bums Nays : None Mayor Bums explained that Council is continuing with the special meeting . He stated they have just had an Executive Session regarding personnel and real estate matters. and they are reconvening on the dais as this is a Spec:ial Meeting. rather than just a Study Session (a) Orchard Place Mayor Bums IIOlC that this is really lo get an update. because at the last regular Council meeting they had a loc ol people from Orchard Place come and express their c:oncems about the administration of that building by the Englewood Housing Authority. He advised that Mary Ryan-Ozburn . who has been the Acting DiRICIOr. is here tonight with the new Director of the Englewood Housing Authority Cheryl St . Clair. Mayor Bums stated that today is Ms. St. Clair's first day on the job . He swed there was a Housing Authority meeting Wednesday and Council received a memo as a result ol that and it was also given to the tenants. He asked Ms . St. Clair to come up 10 the microphone aad introduce herself 10 Council . Mayor Bums pou11ed out that Ms . St. Clair was not al the meeting last Wednesday as she was ROI on the job yet . He stated that Ms . St. Clair comes to us with a vast amount of experience from the Denver Housmg Authority aad the Denver Urban Renewal Authority and they are very happy 10 have her. He welcomed Ms . St. Clair. Ms . St Clair introduced herself and stated she is looking forward to being here and working with the City of Englewood and the Housing Authority. She noced thaL as Mayor Bums said. this is her first day so she is really not up to speed on the issues. So. she said. she would like to tum it over 10 Ms . Ryan-Ozburn and let her give Council the update on Orchard Place. Ms . Ryan-Ozburn stated that she has been the Acting Executive Director for the Englewood Housing Authority. She noted that. as Mayor Bums stated. they had a Board Meeting Wednesday nigbL June 2s•. She advised that at the Board Meeting they convened at the Malley Center to talk with residents about their concerns and 10 listen 10 their concerns. Ms. Ryan-Ozburn stated they have set up a committee. Ms. St. Clair. two Commissioners • Debbie Medlock and Matt Innes. and some staff from the Housing Authority are on the committee. So. she noted. they can meet with the residents on an individual basis or on a group basis and hear their concerns and address their c:oncems. She advised they are also discussing the idea of submitting a questionnaire or a survey lo the residents of Orchard Place 10 ask them what their concerns arc. so they can get more of a feel for what the basic issues are at this point with the different groups. Council Member Habenicht noted she was out of town at the time so she did not have an opponunity 10 attend that meeting. But. she said. she heard there was some concern on the pan of people who did tJy to auend. that they were sent away because the room was too small and there was an attempl to change to a different room at the Malley Center and that was not allowed. Ms. Habenicht wondered if Ms. Ryan- Ozburn would comment on tllat and why that was. if that was or if she is wrong in what she heard . Ms . Ryan-Ozburn said she would be happy to comment on tllat . She advised that the room was polled in their legal public notice as Room I at the Malley Center and they hid lllo asked the residents to ICI them "- if they were going to attend or wanted to speak. She noced they hid a number ol calls and a list ~ ~ •. •· • 0 f - • • • • • 1:.&lewNII City C•11ell. Special Seuioa J-38.1997 ... J • indic:aling their desire IO be then: or to speak. She said they knew that about thiny people wanted IO aacnd and they were planning on about that number. But, she stated. when they arrived for the meeting al the Malley Center they discovered how many people had come to attend the meeting. She said they were reludanl al that point to change the venue. IO move it to anodler room. because of the legal issues surrounding tbal. She noted they wanted to make sure it was a legal meeting so they told the residents 11w MrC there 11w they would meet with the spokespersons of the various groups and listen to them. Ms. Ryan-Ozburn pointed out that they allowed as many people into the room as possible and that she was not awarc llw anyone was sent away . She said she was awan: 11w there were some people out in the ballway and their lepl c:ounsel, Lee Applcgale, was there and she also went out in the hallway and talked with thele people. But. she Slated. the door was kept open to cmure that it was an open meeting and as far u she knows no one was sent away. Ms. Ryan-Ozburn explained that they were concerned about the fire codes. Council Member Habenicht said then your legal counsel advised that you could not change the room . Ms . Ryan-Ozburn Slated that was right. Council Member Habenicht said there was another comment she heard. that she would like to check out. She stated that somebody was IOld 11w they would have a certain amount of time 10 present their c:oncem and they were CUI back more than half. 11,cy felt they were not given a fair hearing. Ms . Ryan-Ozburn said she undenlands where that confusion may have arisen. She noted that when she was talking to one of the rcsidcnls they asked how long they be allowed to speak. Al that point. she said. the Commissioners bad not indicated to her a set time or amount of time per resident or per group. She stated what they indicated was that there would be about an hour available during the Board Meeting to listen to these concerns. She said that when she talked with one resident she explained that they wen: not sure of the paramctm and time guidelines. But what would possible happen would be ifthere wen: ten people then: wanting to speak they would have about live minutes a person . If then: were live people then: wanting IO speak they would have about ten millUICS per person . But. she said. as far as she knows there was never a sec time per person. There were three diltillct gn,ups then:. she advised. and sinc:c then: was an hour alloaed they bnJkc it clown into about lweaty milllllel per group. Each group had a spokesperson. excepl ODC group bad -.1, but it WU IMllly minutes per group. Council Member Vormittag asked bow many IOI to speak . Ms. Ryan-Ozburn said that she wu 1111( sure exactly the IIUlllber. Mr. VormitJag asbd if they had a sign up sheet that they UIDd. Ms. Ryan-Ozburn advilcd they bad a sheet of n:siclcnts that bad called before hand to advise that they were interested in ancadiDg the meeting and/or speaking al the meeting. She noted she has that at the office. She identified -rcsidcnls who spoke. Council Member Vormittag quationcd whether the minutes have been typed up . Ms. Ryan-Ozburn advilcd that they have not. Mr. Vormittag asked that after they are priatcd if she would IIUlkc sure they Ft them over at City Hall as soon as possible. He noted be would like to sec a copy to sec what the QIIIIIIIICIIIS Ml'C. Ms. Ryan-Ozburn agreed to provide the millUICS . Council Member Wigins noted lhal in their memo to the n:siclcnts on June 2,., in the -=acid parapaph. they indicated the n:siclcnts could place their wriaen c:ommen11 in a desipatcd CXJlll8Nlll box a1 On:banl Place. Ms. Ryan-Ozburn said that is nghl. Mr. Wigi111 asked who has accea to the box 111d bow amn it ii. la other words. he asked. if somebody can gel into it 111d ge1 rid of some of thole CXIIIUIICIIII or are they all there where they could be accounted for . He said that ii what he is woaderia1 abouL a-. ii they have in CIIClll:C a sugalion box and they can llick it ia and you don't like the .. ...,.., 111d you deep six it. who knows if it wu put ii in there . Council Memller Wigins said in his opinion. liace dley have ID much COllll'OVCl1)' that they gel I poll office box and re,illcr ii IDlllC way . So thal eKil ~ that comes in ii documented . Ualca. he said. dlis ii .,. killd ol acurcd box 111d they have .,.. •. • • 0 , J - - . ' Englewood City Council, Special Session June 30, 1997 Pa~4 • 0 t• • guarantee that the comments get to there. Ms. Ryan-Ozburn said she felt that was an excellent idea. She advised that the box is locked. Council Member Wiggins asked who locks the box. Ms. Ryan-Ozburn advised that she locks the box and she and the police have a key to it. She stressed that at this point they have not been interested in deep sixing anything. that they have been interested in learning what all the concerns are. Mr. Wiggins said he realizes that. but as they listen to the these people they are claiming that they are not being heard and their comments are not getting there. Ms . Ryan-Ozburn said she understands that. she has heard that. Mr. Wiggins stated that he just wants to know if they have something that guarantees if it goes in the box that it is documented and kept over there. Actually. Ms. Ryan-Ozburn advised. they have a procedure in place. She stated that as she told the residents of Orchard Place. when they fill out a grievance form it will be seen by the manager of the program and herself. They will both comment on the form and initial off' on it in original hand. That original will be rctumcd to the resident within three days. If it is not, she advised. then our phones numbers are on that form and they can call and find out what is going on with it. So, Council Member Wiggins said. they do get the original back indicating you have seen it. Ms . Ryan-Ozburn stated that is right. Okay. Mr. Wiggins said, you do have a procedure in place . Council Member Nabholz commented that she was in Orchard Place today to drop off' some nowcrs for an individual and there were alarms going off'. She noced there was a gentleman there and he was standing in the lobby smoking a cigarctte. Ms . Nabholz staled she was conc:emcd that all the doors were open and she asked if there was a lire alarm or what. He said it docsn 't make any difference. if she nccdcd to use the elevator or stairs go right ahead and if you see a fare jull blow OIi it. Ms . Nabholz stated she was really concerned about this and when she got 10 the resident she was visiting she said it happened quite frequently that there arc really no lire dnlls. Counal Member Nabbolz advised that she would like 10 find out when was the lasl time we had a lire tlllpCIClal of' Orchanl Place. She said she was very concerned, that she bad she son with her and ya die pt Oil 1k clo._ But 11 was a joke. she said. and she was very coaccmcd about the saf~ of' tilt l'ClldcMs Ms . Nabbolz llkcd where the...,._• 11 ~ • 111111111 dial die llas seen a suggestion box . Ms . Ryan-Ozburn advised that oac " localed 1111 die 6r9 tleor II,' dtc -i bollCS. Ms . Nabholz asked if it is tbc little mail box with the bl& slot •• n Ms It.~ ad dill II npc Ms. Nabholz questioned whether it is possablc to physically ltd Y'*' ..._ ta IC Ms Ryu-Odium said that she would guess you could if that was your inten1 . Ms Nabholz llkcd ii n -ladled Ms Ryan-Ozburn advised it is locked. But. she nolcd. if someone was 1111e111 1111 ...-c ta dill a -box tllat sbe was sure they could. Just as if they arc intent on getting 11110 any vaul1 ~· a-6d alto do tllat Council Member Nabholz asked 1f any ol the raadents were ClOIISICicR,d 10 be OIi this advisory committee to probably help calm down some of the other people there. Ms. Ryan-Ozburn advised that that question was discussed today and they have not come 10 any resoluuon 011 tha1 . She stated they are also talking about getting an outside mcdialor and she has talked 10 a couple ol ocher people about that issue . They arc now , she nolcd. looking for someone thal they would consider a disamcrestcd outside third party. somebody objective. Council Member Habenicht said she was not sure she understood. She noted that Ms . Ryan-Ozburn indicated there was a sign-up sheet for everybody who attended the meeting. She asked if it was for everybody who attempted to attend the meeting or only for those who were allowed to attend the meeting. Ms. Ryan-Ozburn advised thal the sign-up sheet was compiled at their office during the days right before the meeting when the residents were infonncd that there was going to be a meeting. They asked that they call and advise that they would be attending the meeting. She noted that is what the list is. So. Council Member Habenicht said. anyone who showed up for that meeting. but hildn ·1 signed up for it. was not pcnnittcd to attend. Ms . Ryan· Ozburn said absolutely not . In fact . she advised. the list was not even taken to the meeting. So. Ms. Habenicht said. you didn't have a list of people who attended the meeting. ~- • . "' •· • 0 , Englewood City Council, Special Session June JO, 1997 PageS • 0 • Ms . Ryan-Ozburn stated that they do not have a liSI of people who anended the meeting, that she is aware of. Ms. Habenicht asked if they have sign-up sheelS for people who altend. Ms. Ryan-Ozburn noted that at that point they really hadn ·1 even IJioughl about doing lhal She said they were just inten:sled in hearing what they had to say and they were quite surprised at the number of people who did show up. She commented lhal they were all quite taken aback. Council Member Clapp advised that she did anend that meeting and Tom Munds was there and she would guess there were 97 people in attendance. It was a great crowd that night and a lot concern. She commented lhal emotions did run high. She thought that a lot of people were disappointed that only an hour had been alloued for them, that they were never going to even begin to scratch the surface. She advised that one of the concerns she heard about a one on one with a committee or of that nature. coming door to door, is that people would feel somewhat intimidated. They really want that done more in a group type setting. Ms. Clapp said she knows that we have moved meetings in the past. She asked if lhal was not true and. if you legally can po51 the notice on the door. can you not move a meeting across the hall. at the same address. in the same building. City Anorney Brotzman advised that Council can. So. Ms. Clapp said. then a governmental body can. Mr. Brotzman said he was 1101 going 10 try 10 dispu1e whal the anomey said. Bui. Ms. Clapp said, we can. Ci1y Anomey Bro1zman said his opinion is thai yes you can move a meeting. Council Member Clapp said she was a linle disappointed that people were no1 allowed in the room and that IJ1ere wasn't more of an effon. Ms. Ryan-Ozburn pointed out that they were also disappointed, that what they were relying on at 1ha1 point was IJ1eir legal counsel's advice. She stated they were VCI)' concerned about keeping the meeting a legal meeting and not violating any laws. She agreed that it was very disappointing that everyone did not get 10 come in. Ms. Ryan-Ozburn stated she undcl'Slands the residcnlS concerns and their disappointment in not being heard. She said they did tell the residcnlS that night that they arc going to have a series of meetings, that they will have a couple of the commissioners on that comminec and they consider their concerns very important. She advised that if they dido 'I speak that night. or get a chance to speak. that they were given 5x7 index cards and pens for them 10 write down their concerns. She stated they have all of those and they arc being copied and put into packets for each individual member of the commiuec that is being put together. Ms. Ryan-Ozburn said that she could certainly understand that they were disappointed that they didn '1 get their chance to speak before the Board. She emphasized they will get to speak before the Board. it just dido ·1 happen that night. She staled that the Board and staff have absolutely no intention al all of ignoring them or not addressing their concerns. Council Member Clapp advised that she has been infonncd that there have been thrcalS made to certain tenants. She said what she is trying to express here is that she continues 10 receive comments and she feels it is nol a Council issue. Ms. Clapp noted it would be a real blessing if this thing could be addressed sooner rather than later for everyone's sake. She opined that things continue to escalate. Ms. Ryan- Ozburn agreed. Ms. Clapp said that speaking as a concerned citizen. not a Council person. she is very concerned about . Ms. Ryan-Ozburn agreed that they are all concerned. She said Ibey really wish this could have been solved several monlJIS ago. She noted there have been a number of steps taken to try to resolve it, there have been meetings with the residents. She Slated IJial when she was in the Acting Director position there were meetings in her office of single residenlS. two residenlS and groups of 12 to 15 residents. When they wanted a meeting. she said, a meeting was held and she liSlencd to all of their concerns. Ms. Ryan-Ozburn advised that she 1135 all of the notes on those meetings. All of the issues that were taken before the City Manager were addressed and they have worked very hard. Unfonunately, she noted, not all of the concerns have been solved or resolved to everyone's satisfaction. She staled they arc aware of many threats on both sides. She said she has not witnessed any of them in person. Ms . Ryan Ozburn stated. as she 1135 explained lo IJie residents of Orchard Place. and she will explain to anybody, that she will not violate anyone 's civil rights. she will not evict anybody on hearsay. she will not lire any staff person on hearsay. Slie empl135ized she will want evidence and she will want 10 make sure that due •. I· • 0 l - • Enpewood City Council, Special Session June JO, 1997 Page6 (, • • • process is followed. So. she stated. they are ensuring everyone· s civil rights at Orchard Place. not for just one or two people. They want to make sure that everyone is treated fairly. Council Member Vormittag wanted to know approximately bow long it will take for Ms. St . Clair to get up to speed on this particular issue. Ms . Ryan-Ozburn advised that Ms . St. Clair is getting up to speed quite quickly. This has been her nwnber one priority and. she noted. she met quite a bit today with her on this issue. Ms. Ryan-Ozburn stated that she has very complete files on the issue and Ms . St. Clair is a great listener and a very discerning questioner and she is setting up to speed rapidly. Council Member Vormittag asked if she has an open door policy. Ms. Ryan-Ozburn said she did not know, that she certainly seems to, and she defened the question to Ms . SL Clair. Ms . St. Clair indicated from the audience that she does. Council Member Habenicht stated that she certainly appreciates due process. that it is always extremely important. She asked. since there have been so many concerns expressal about feelings of threats or safety or what have you. if there is any additional security measures taking place in the building to make sure that something just doesn't erupt inappropriately. Ms. Ryan-Ozburn said yes. that they have had members of the impact team at several meetings. She stated they have emphasized that any resident may dial 911 at any time. 1bey have installed a satellite office on the seventh Ooor. it is in a vacant room at this point, it was a room that was not developed and is a small litUe cubby hole. She advised they put a phone in there with voice mail for the impact team to use. with a locked suggestion box outside of that door and yes if someone was bound and determined to get into that suggestion box they could. Ms . Ryan- Ozburn stated they did what they thought was appropriate at the 1i1ne. If stronger measures need to be taken. she said. they will most certainly lake them if they see that that is appropriate. But. she noted. she and members of the impact team stop by the building unannounced at various times just to see how things are going. She added that she. along with the impact team. the building manager. the Housing team member and two maintenance workers. go through the hallways. Council Member Habenicht asked how access is gained to the building. Ms . Ryan-Ozburn said ii is by key. If you are resident of that building and you have a visitor or a guest. you 1nay buzz them in through the intercom system. Ms . Habenicht asked if she showed up at the building bow would she get in. Ms. Ryan-Ozburn advised she would have to buzz the manager, announce herself and state her purpose . Ms . Habenicht asked what would happen if she buzzed the manager. Ms . Ryan-Ozburn advised he would ask who it was . Ms . Habenicht asked if there are hours of access. Ms . Ryan-Ozburn said no. the managers are available at all times. the buzzer is in their apanment and the office is right off of their apanment. Council Member Nabholz asked. regarding the packet Council received a couple of weeks ago. if there would be a response to those letters of concerns. She asked if the new director would be responding to the people who wrote those letters. Ms. Ryan-Ozburn advised that all of those issues will be addressed. Ms . Nabholz said, if at all possible. she would appreciate a copy of those responses . Council Member Habenicht stated she would also appreciate it if Council could be copied a list of all meetings concerning this issue. a schedule of meetings. Mayor Bums asked how much the Council wanted to get involved in this. Council Member Wiggins stated that he does not want to get involved in ii . Council Member Nabholz said sla thinks ii is a Housing Authority issue. Mr. Wiggins agreed. Ms Nabholz said that unless some resolution stans taking place Council will continue 10 be involved. She pointed out that she continues to receive calls. She noted she firmly believes it is a Housing issue. Council Member Vormittag pointed out that they are constituents. Mayor Burns noted he is not commenting on any of this because. for the audience's edification. he is the Chairman of the Housing Authority Board. But. he advised. that these are public meetings and the notices are public. Council Member Habenicht said that is all she was doing was asking for a list. a schedule. .. • • 0 , I ]- • • • ,. -' ,, En&lewood City Council, Special Session Juae JO, 1997 Pace? Ms. Ryan-Ozburn advised that they arc posk:d at the City Hall bulletin board in the rec:cption area and they arc also posted in the lobby of the Englewood Housing Authority . Council Member Habenicht asked if Council aiuld be copied with any notification of meetings. Ms. Ryan-Ozburn said she would be glad to copy Ms . Habenicht and if anyone else on Council would like 10 be copied she asked lha1 they let her know and she would be glad lo see lhat they gel ii. Council Member Clapp said she wanted to mention to Council , because she did ROI know how many were aware of ii, bul they had a senior citiu:n. Gertrude Connors. come to deliver a leuer and an unfortunale accident happened and she broke her wrist Ms. Clapp said she jUS1 lhough1 Council should be aware of Iha!, that ii is -this issue and so ii is Slarting to come into our City Hall. Council Member Clapp advised that she has some cards that were given to her from concerned residenlS at Orchard Place and they asked that they go into the record. She said rather than reading them she was going lo gift them 10 City Clert Ellis and have her copy them and gift them to Council and lo Mayor Bwns. Because, she DOied. they really belong lo Mayor Bums. 11le following commenlS were entered into the record . "Mr. Mayor. I feel the Phillips should be removed from there (sic . ( job as building allendants at Orchard Place. How much more hale 3Rd animosity mUSI we suffer lhrough?Tn Nina Deshasier" "Mr. Mayor. You could do something about Stan & Betty Phillips in One Day·· Why don 't you? Ann Burris" "Mr. Mayor. We want Stan & Betty Phillips out of the building --We wanl Place!! (sic . ( How much abuse & foul language do we have 10 take? Dave Glenn" "6-29-97 Gel rid of Slall & Belay Phillips. these People Play Head Games. Gossip, Divide friendsllips ... Help us before it explodes. I'm mad• hell ud I'm no1 going to like ii anymore ... Signed "6-28-97 Ldler to Mayor Bums Joe & Carol Cordova Orchard Place" Does someone have to die before anything is done? People have had threals . One went to the hospilal wilh a hcan auaa (sic .( after a big argument with Stan Phillips on Friday 27"'. "Mr. Mayor Orchard Place Virginia B. Saylor" Pleuc help us ! We Need New People here to help us. AJI New Ma (sic.I Orchard Place" ,,,_ • . ' • • 0 l • ]- • • I• • <. Englewood City Council, Special Session June JO, 1997 Paces "6-25-97 The Board of Englewood Housing Authority of3460 So . Sherman Suite 101 better hear us all it 's lills. We are noc taking this kind of treatment anymore. The Board moved us to a smaller room because we had about 100 people support. They were seated and we were moved to a room to hear only a few . Supported By Simon Center. They wasted time while moving us. We had enought (sic. (space. They could have listened to us . In the last 2 yrs. we have had so many residents go to the hospital with Stress and heart altacts (sic . ( then any other time. I have lived hear (sic.) over 14 yrs . and we hadn't had this kind of treatment and trouble. "Mr. Mayor Orchard Place Virginia Saylor" I have been a resident of Orchard Place for twelve years. I have seen a place that was a wonderful freindly (sic.( place Where seniors could live for the rest ofthier (sic.( lives . that is until! (sic.( the presanl (sic.) managment (sic .) moved in and started being abusive to the seniors. and doing every thing his way at any cost. Adeline FilZpatrick .. Council Member Waggoner said he noticed that the Housing Authority meetings are listed on our list of meetings. Mayor Bums agreed that it is just like any other board or commission. Council Member Vonnittag said he thinks what she was asking was for those meetings that are going to be over there concerning these problems, that she was not meaning the Housing Authority meetings. Council Member Habenicht thanked Mr. Vonnillag and said that was exactly what she meant. Ms. Ryan- Ozburn advised that she understood that. Council Member Vonnittag advised that where he is going with this is he would like to sec all of the written information without getting involved. He noted he can look at it. read through it and try to stay up to speed of what is happening. what 's going on. what has been resolved . He said it is just so he can sec the whole thing dying back down again. hopefully . that is what your goal is. Absolutely. Ms. Ryan- Ozburn said. Council Member Vonnillag said he would just like to stay up to speed with it without getting involved . Mayor Bums asked if there were any further questions or comments. There were none . (b) Admimstrative Organization (Police Fire ) Mayor Bums asked if anyone wished 10 speak to tlus 111UC. Counctl Member Habemcht advised that awlule beck Council had a study session where they were discussing an administrative organizauon ordmance tlull 111-as passed. she believed. in 1990 . She OOled there had been some discussion . She said she rencanbatd pan al the discussion where Council Member Clapp asked City Allomey Broczman if it -in fact COIIIIIIClll with the Chaner and he said no it wasn ·1. Council Member Habenicht stated that it really took her II)' surprise at the time and she has never really rdt comfortable with that ordinance. She said she -.....,.. this be brought up for discussion wben she -son of thinking more that this was a study IICllioll . But 1111icc it is on here. she really thought Council should seriously consider revisitin1 and resalial dial onliaance and laking us back to the way it -uadcr City Manager Pete Vargas. City M8IIIF' Alldy Mee-.. ud City Manqer Slan Dial . SIie md she jusl wanted 10 make sure that we were ~ oa dllL At t.bc lime Safety Services -cralal. she sud. but there have been all sons oC challFI ud Ille l'dl dlis 11 1 ll)Od tiJac to revisit dull onliauce ud poaibly rq,cal ii and go back to where wi: were. SIie Gpllllll •• 11 -much beacr. ' , •· • 0 ' I - - • • Enl!ewood City Council, Special Session June JO, 1997 Page9 • 0 I • • Council Member Vonniltag questioned whal ii was . Council Member Habenichl advised thal whenever !here would be an organizalional change, thal is in lhe number of departmenlS we have and wha1 departmenlS we have in lhe City, Iha& ii would come lo Council as a recommendalion from lhe City Manager. 1be Council would &hen eilher approve or disapprove such change. Which. she said. she believes is consiSICnl wilh 1he Chaner. Council Member Wiggins said. regardingjUSI lhe issue of police and fire. thal he wamed 10 commenl on lhe memo Ibey received from City Manager Clark daled lhe 26.., of his appoinunenl of Chris Olson as lhe Director of Safety Services effective July I. Mr. Wiggins congratulating him on appoinling Mr. Olson. He opined he is well qualified and lhal he will do a fine job. Council Member Vonniltag asked City Manager Clark if he was slill going 10 look for anolher director. City Manager Clark said no . lben, Mr. Vormillag noled, ii is a permanenl lhing not an acling lhing. Council Member Wiggins said lhe memo says he was appoinled director effective July I. ii doesn ·1 say anything about acling . Council Member Nabholz said she wanted to say for the record 1ha1 she has worked wilh Chris Olson in differenl capaci1ies and she also feels thal he is very qualified from 1he parade to the Police Communicalion Task Force. which she served with him on . Mayor Bums stated Council congratulates Chris Olson on his appointment . Council Member Habenichl said she would like to ask if Council agrees or disagrees wilh her in tenns of moving forward on &his one ordinance. And if that is lhe case. she said. she would like IO know what lhe appropriale next step would be . She said she would like lo see ii come as soon as possible on an agenda and lhal we move back 10 making ii where ii was al 1ha1 lime so we are in compliance wilh our Charter. Mayor Bums commenled 1ha1 he understood from lhe Chaner provisions thal if &hey changed a depanment that ii requires an ordinance anyway . City Attorney Brotzman said 1ha1 is correct . Mayor Bums noted we already kind of wlderstood 1ha1. So. he said. wha1 he was concerned aboul is how much staff lime ii will like and whal will Ibey need 10 get inlo Ibis. City Attorney Brotzman advised lhal ii is how much Ibey wan& to lake of &his. That right now Ibey have a very large adminisaralive ordinance lhal was going to be staffed and then broughl IO Council after August, after lhe Director's retreat when Ibey were going IO go lhrougb lhis. He noled that where we are inconsistenl wilh lhe Cbancr is iwo depanments, not being Safety Services is one of lhe departmenlS, Parks and Recreation and Neighborhood and Business ~ we are CUffClll1y not consiSICnl, our Code is not up 10 date as IO what our ac:tua1 praaiclC is . Which means. he said, 1bat we are in violalion . City Anomey Brotzman advised Council Ibey can lake all of lhis in one large lump sum. which is ilS currenl form. or Ibey can brak lhem inlO pieces and lake a small piece at a lime. He advised thal Randie Banhlome staned lhis process and we did a large projecl and lhe first real draft of thal is done . He said Council can lake ii in smaller incremenlS if Ibey would like. thal ii up to Council. Mayor Bums suggesled 1ha1 Council take ii in one large lump because Council is aware of what Ibey have 10 do if you change a depanmenl. He poinled oul lhey will not be changing a depanmenl withoul a proper ordinance. He not,:ci tha1 wilh everylhing llicy have on !heir plate righl now, wilh General Iron. Cinderella City and code enforccmen1 and everylhing else. if Council lakes lhese one a1 a lime Ibey will jUSI be tying staff up something 1errible. He said 1ha1 is lhe way it seems to him . Mayor Bums asked. since they are so aware of whal lhe issues are, why Ibey couldn ·1 do ii all al once . "' - " I· • 0 1 En&lewood City Council, Special Session June JO, 1997 Pace 10 • • • Council Member Waggoner asked if Council could start out by comparing what is required or what is in the Cbaner with what is in the ordinance. department by department and see where we have the differences betwl:en departments. Mayor Bums asked if that is not what they are doing. City Attorney Brottman advised that is what we have done and that is where we are at with a first draft. Council City Attorney Brotzman said that where we are administratively, is that he and Admin Services have gone over it City Manager Clark now has it. he advised. and it has not gone to the individual department directors as of yet. Council Member Waggoner commented that we just ought 10 be able 10 list them, on one side of the paper what is required under the Code or under the Charter. City Attorney Brotzman advised that has been done, that is where they are at now . Mr. Waggoner said they ought to be able to lake a look at that and decide where they want to go. Mayor Bums agreed that that was probably a good suggestion. Council Member Habenicht pointed out that they passed an ordinance that was inconsistent with the Charter and it might have been done inadvertently, accidentally, what have you. But. she said, she thinks that it needs to be rcpealcd. Unfortunately, she noted. even though Mayor Bums has indicated that Council will not be creating any more departments we are already recognizing the fact that we have done two, back and forth twice. So. she stated, it has already happened and she thinks it is something Council should address as soon as possible. Council Member Clapp said 1ha1 she agrees wilh Council Member Habenichl. Mayor Bums asked how the ordinance Ms . Habenicht is talking about fits in with the mix 1ha1 everything else. He commented that he is a little confused. City Attorney Brol7.1nan advised that it is a part of. that the City Manager's portion has been rectified to resolve that issue. Mayor Bums asked what he meant by rectified. Mr. Brotzman explained thal right now they are nol entirely consistent, that our cunent Code and Charter are DOI entirely consistenl. That is part of the correction to the City Manager's office that is in that large ordinance. Council Member Habenicht stated 1ha1 her concern is that we are nol being fair to ourselves. our City Manager. 10 our constituents. She poinled oul thal she was here and 1ha1 nobody else on 1his Council was here when that initial ordinance was passed. She said she feels personally responsible for allowing ii 10 happen, for DOI speaking oul al 1he time. even 1hough she felt uncomfonable about it at the time. She noced she has felt uncomfortable aboul ii ever since. Then when she teamed 1ha1 in fact. indeed. ii was inconsistent with the Charter. she has fell terribly burdened and responsible for ii. She opined they should undo it and start from day one where they were at that point and start fresh doing it right. Council Member Habenicht said she would repeal it. go back to where they were. go through the way we would have done it. Try to make right. what has been done wrong for the last eight or nine years. She said she just very, very concerned about that. She opined they have done a disservice to their city 11W111FfS. to our councils. 10 our community and the staff. She said it is bad. that the wrong should be fixed . Council Member Clapp asked if that was a motion. COUNCIL MEMBER HABENICHT MOVED THAT THAT ORDINANCE BE BROUGHT ON THE AGENDA OF THE VERY NEXT COUNCIL MEETING TO BE REPEALED. City Attorney Brotzman asked if he could please make a recommendation. He suggested that they need to see this one at a study session as this ordinance in its current fonn is huge. Council Member Habenicht said she know it is. Mr. Brotzman maintained that Council will really need 10 look at this one and study this one. He encouraged Council 10 put this on the next study session so they can see it. review it and make any changes they would like 10 it before you simply just put it on an qenda. He reiteraled that it is that voluminous. Council Member Habenicht stated she would ac:x:q,c that. but at the same time she would want to have put before Council exactly what it addresses thal was there in place when it went in. ,. • 0 , I J- Englewood City Council, Special Session June JO, 1997 Pace 11 • 0 t• • So that Council can compare that and see how easily it would be to go back to what was without a problem. She said if that is the case. then yes. She Slated she would cenainly never want Council to move on anything that Council does not fully understand or have an opponunity to review. Mayor Bums asked how much staff time this will take right now. He pointed out that he is concerned that we have so many other things that we arc doing. He asked if Council can have this in some son of form. so that they can get a good look at it. without going through the voluminous paperwork . City Manager Clark explained that the ordinance City Attorney Brotzman is talking about just came out shonJy, that it was one of Randie Banhlome last items that she completed. He noted that as he recalled ii is 70 some odd pages in text. He said he had indicated to Mr. Brotzman that he would look at it before the end of this week and then they were going to route it out to the directors. He Slated it docs the comparison they were tallting about. As far as the other ordinance. Mr. Clark Slated. he is still not clear what she is tallting about. Council Member Habenicht explained that she is talking about the ordinance that changed the way reorganization is done in the City . She reiterated that she would like 10 see Council rcpcal that ordinance and immediately go back to where we were before that ordinance was passed . Which. she maintained. would not require 70 pages of anything. She said if they wanted to look at 70 pages. 20 years. 20 days. 20 months, 20 weeks down the pike. when they have more time. that is fine . Bui. she said. right now she thinks they should rectify what was done that was wrong in the past. Council Member Clapp said she might be able to help here. She said she thinks Council Member Habenicht is talking about the ordinance that overrode the Charter illegally . Thal is the exact one. She asked Ms. Habenicht if she was right. Ms . Habenicht said she was . Ms . Clapp reiterated ii is the one that illegally ovcrrodc Chaner. She opined that you can ·1 produce an ordinance that is directly opposed to your Chaner. Council Member Clapp said that your Chaner is your guide. your rule book and you can 't. without a vote of the people. change that. Mayor Bums said he understands Iha!. He commented that maybe they should just put it on the study session so they can get a description of what they arc looking at here. City Attorney Brotzman explained that they arc asking for two different picccs. He said he can have the sbon piece ready for the next Sludy session. Council Member Habenicht Slated that is what she is asking for. the slton piece. Mayor Bums noted he is not in the drafting business. that he is in the law business. but that he can see where this thing can just be so far out of hand that they could not cohesively look at it in one study session. He said if they can separate out so1ncthing that is of imponance and identifiable Ibey could address that. But he commented. as he said he is concerned that Council has a lot of things on the plate here and sending Mr. Brotzman and staff people olf 10 do an awfully lot of work on something like this. Council Member Habenicht opined that this docs not need to be a lot of work, thal this is very simple. Take what we did wrong. put it back lo what was right and then go on from there. Mayor Bums advised Council Member Habenicht that he has no idea what that is. Council Member Waggoner said it seems like to him that the way to proceed is to just get the ordinance that supposedly changes the City Chaner and highlight in that ordinance the places where it is inconsiSICnt with the Chaner. He opined that that should not be 100 difficult or take too long . He Slaled the other one would be 10. in an organizational chan or something like that, show the dilfercnccs between the City Charter and the organization that we have today . City Altomcy Brotzman explained that thole arc two difl'crcnt picccs and the second one is not a problem. He said Ibey can bavc both of thole. Mr. Waggoner maintained that the firsa one he should be able to get 100. He COIIIIIICllled 1h11 be sllould be able to take 1h11 ordinance and show where it is inconsi11en1 . City Anomcy Brotzlllall qreed tbll UIII one is not difficult to do. Council Member Waggoner Slaled that as l'ar u the 70 pa,e one, be aJllld ~ •. • ., • • 0 , ]- • En&tewood City Council, Special Sasion JuaeJ0, 1997 Page 12 <. • • • less. Mr. Brotzman explained that unless they do the longer version they are slill not consistent. Mr. Waggoner advised that he wants to know where those inconsistencies are. that is what he is looking for. Mayor Bums asked if Council could have lhis explained al the study session. because he still does not think they have the greatesl focus in the world now 15 lo what they are doing. City Attorney Brotzman said that would be fine. Council Member Clapp ask them to wait a minute. She said she thinks they do. that Council Member Habenicht is asking for that ordinance to go away and come back on the regular agenda repealing it. Ms. Clapp opined that is real clear. She said she does not know what there is that is so bani to get here. Mayor Bums asked if City Attorney Brotzman is he knows what they are lalking about here. Mr . Brotzman said he knows what they are worlting on. He pointed out that if they wanted to look al the next study session agenda they may not want to pick that agenda 15 they have a IOI on their plate that night. He suggested they might want 10 set it for a different night. Mayor Bums noted ii has been on there for eight or nine yaus. He queslioned whether they would have a constitutional crisis if Ibey don 'I do this for a a,uple al weeks. Council Member Habenicht stated that a number al things have been done inappropriately and she would hate to see more things being done inappropriately because of it. Mayor Bums opined that Ibey are in very little danger of that. that they are very much aware of this. City Attorney Brotzman said he was just noting that Council has picked several items for that evening such 15 code enforcement. and the developer is coming that evening and fire pension is that evening. which is a ballot question they will studying. If they do this one as well they will reduce the time that they have for any of these. He noted it has been another Council concern that they don't have enough time on an issue. He said all he is saying is if they are going to pick a meeting. do so at a time when they have enough time to look at this. Council Member Vonnittag said why don't they just say they need to have it handled by the end of July . Let the staff work on it and try to get a meeting on it sometime in the month of July to get it taken care of. Mayor Bums asked if that would work. City Attorney Brotzman said yes. Mayor Bums said he is in favor al that. Council Member Nabholz said that as a new council member she would like to see the 70 pqes. background. ifpoaible. She said she would appn,ciate that. City Attorney Brotzman said sure . Council Member Vonninag said that hopefully in the study session that will all come to a head . Mayor Bums asked if that is Council's c:onsensus. to have this done at least sometime in July. Council Member Habenicht said it was okay with her. just so long as we are not operating inappropriately in any way and don "t move forward from that point. Mayor Bums said he thought City Attorney Brotzman would let Council know if they are . Mayor Bums asked if there WU anything else on IIIOIC subjects. Council Member Clapp asked City Manager Clark if we BR Fina to continue to have an AuiSlaDl Safety Services Director. Mr. Clark advised thal right now the plan is to climinalC that position if Mr. Olma meets his probllionary period. Mayor Bums asked if there was anything else on these issues . 1bere were none . (c) City Council Choice (i) Council Member Clapp congratulated Mr . Olma on his promotion. She said she thinks he is a line officer and very Cllplble . She Slaled she -.Id jusl like to look al suuc:wre wbenever paaible . Ms. Clapp said she -.Id Slill like to -them ao f-.nl with that management audit lhaa Ibey have lalked about for a rew months now . . ' • .. • • 0 ]- ]~ • • • ·, • <. EapewNd City Council, Special Session Juel0, 1997 Pqell (ii) Council Member Vonniuag 5lalCd that be still has a conccm wilh the Eagle's property again. He said be noticed that the boards are still OYCI' there covering up the manholes and Ibey haw: kind of been moved and partially the hole is open. He 5lalCd we need IO haw: somebody go OYCI' there again and take a look at it. Al least, be said. put some kind of a rope up or something acroa there so no one can accidentally fall in lhe holes. a fence or something across lhe Eagles property. He said be doesn '1 know what Ibey are doing over there. but something is going on . (iii) Council Member Wiggins : I. He advised that be attended Al s~·s retirement coffee this morning. He said be hales IO see him go and be wished him well . Mr. Wiggins Slil Iba! Mr. Slanley was signific:anlly k-.. as Homer. lhal be ua IO give out Homer awards IO those wbo made sipificanl p,ofs or what have you wilh the Department. 2. He asked. when Council members who aaended the CML meetings submit their reports. lhat Ibey please DOI WIISle paper or their lime talking about who Ibey met or lhe enlertaining speakers you tallied IO or the food Ibey ate. He said just tdl the citizens al Englewood exactly what Englewood pined by lllending the c:onference. how can Englewood use lhe knowledge you got from this c:onference and what. if anything, is useful for the City of Englewood and how can we use the information you got. (d) Mayor's Choice (i) Mayor Bums stated that be and Council Member Habenicht aacnded lhe c:onference in Snowmass this weekend and lhere were a number of beneficial sessions Ibey will repon on . He said there really were some good sessions. Ibey enjoyed ii and be fdt Ibey got a IOI out of it. (e) City Manager's Choice City Manager Clart did DOI have any matters IO bring before Council. (0 City Attorney 's Choice City Attorney Brotzman did DOI have any matters to bring before Council . • • • • • COUNCll. MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SISSION AND BRING ALONG TRI CTrY MANAGER. Motion carried. Ayes : Council Melllben Nabllolz. Vormiaag. Habenicht. Wagoaer, Clapp, Bums Nays : Council Member Wiggins MIMBER VORMl1TAG MOVID TO ADJOURN. The meeting ldjouraed 111:24 p.m. . J.ftl . , • .. • • 0 l -• -• • • ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO July 2, 1997 All Council Members praenl signed an ~ ACKNOWLEDGMENT OF RECEIPT OF NOTICE " OF 1llE "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." l. Call to Onler The special meeting of the Englewood City Council was called to order by Mayor Burns al S:JS p.m . 2. RaUCall Present: Council Members Nabholz. Clapp. Wiggins. HabenichL Vormittag. Bums Absent: Council Member Waggoner A quorum was present. Also present: City Attorney Brotzman C ity Clerk Ellis J . Madoll to Co illto I.UIC!lliff Salioa Mayor Bums IIOICd that a Noti<:c of Spccial Meeting was issued ycslClday over his signature and hand cleliwred to each Council Member. He swed the purpose is to go into Executive Session on a personnel matter. He aka! for a motion. COUNCll. MEMBER VORMJTl'AG MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MAlTER. Ayes : Council Members Nabholz. Vormittag. HabenichL Clapp. Burns Nays : Council Member Wiggins Absent: Council Member Waggoner Motion carried. Mayor Burns IIOICd the motion carried and Council will adjourn to Conference Room A for Executive Session. The meeting recessed at S:37 p.m . The meeting reconvened al 6 :37 p.m . with six members p,aent and one member ablent -Council Member Waggoner. COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO GO OUT Of EXECUTIVE SESSION. Ayes : Nays : Absent: Motion carried. Council Members Nabbolz. Vonnitllg. Wigim. HabenicbL Clapp. Burns None Council Member Waggoner 5 C .. • • 0 ,. I - • • • • l•&lewood City Council, Special Session Jaly 2, 1997 Pqe2 4 . ~ Mayor Bums explained that C4uncil previously co~ and then adjourned for an Executive Session to discuss a ~ maaer. He DOied they aR now reconvening and they have a resolution to appoint an Acting City Manager. The City Clerk was asked to assign the resolution a number and read it in full. RESOLUTION NO. 61. SERIES OF 1997 A RESOLUTION APPOINTING S11J FONDA AS ACTING CITY MANAGER IN 11iE ABSENCE OF 11iE CITY MANAGER. WHEREAS. the City Manager is temporarily absent; and WHEREAS. the City Manager failed to make a designation of a City employee in his absence; NOW. lliEREFORE. BE IT RESOLVED BY 11iE CITY COUNCIL OF 1liE CITY OF ENGLEWOOD, COLORADO. 1HA T: The Englewood City Council hereby appoints Stu Fonda as Acting City Manager for the period of July 2. 1997 through July 14. 1997 . COUNCll. MEMBER VORMl1TAG MOVED, AND IT WAS SICONDID, TO APPROVE RESOLUTION NO. 61, SERIES OF 19'7. Ayes: C4uncil Members Nabbolz. Vonnittag, Habenicht. Clapp. Bums Nays : Council Member Wiggins Absent : C4uncil Member Wqgoncr Mocion carried. Mayor Bums said that before they adjown the C4uncil unanimously wanted to express the confidence of the Council in the department diJeClors of the City and Slaft'and tbal they have Council's full suppon during this interim period . He stated they wanted Slaff to have the comfort of ~ng that COUDCil docs fully suppon them. that they aR pleased with their -.t and Council is not taking any action aa all in tbal rcpnl. Mayor Burns commented that they want staff to kmw that. while we go throu&b this illlerim time . COUNCll. MEMBER VORMITIAG MOVED, AND IT WAS SECONDID, TO ADJOURN . Ayes : Council Mcmbcn Nabholz. Vormittag. Wigins. Habenicht. Clapp.Bums Nays : None Absent : Council Member Waggoner Motion carried. . , .. • • 0 - • • RESOLUTION NO. ?;;b. SERIF.8 OF 1997 / ' • " - • • A RESOLUTION RECOMMENDING THE APPOINTMENT OF DON BOBEDA TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Housing Authority; and WHEREAS, Don Bobeda baa applied t.o aerve u a member of the Englewood Housing Authority; and WHEREAS, the Mayor with the approval of the Englewood City Council desires t.o appoint Don Bobeda t.o the Englewood Hounng Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;jgp 1. The City Council of the City of Englewood, Colorado recommendll that the Mayor appoint Don Bobeda t.o the Englewood Houaing Authority. Don Bobeda'a t.erm will be effective immediately and will espire July 1, 2002. ADOPTED AND APPROVED tbil 7th day of July, 1997. ATTEST : Low:riahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City of Eqlewood, Colorado, hereby certify the above is a true copy al Relolutiao No. _, SeriN of 1997 . • 8 I • • 0 f __ -. I ]- RESOLUTION NO. /Jl. SERIES OF 1997 +r- ·., ,, • • • .. A RESOLUTION APPOINTING NANCY HUGHES TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Englewood Clean, Orem and Proud CommiMioo; and WHEREAS, Nancy HugbN bu applied to NrYe • a member of the Englewood Clean, Green and Proud Commiuion; and WHEREAS, the Enpwood City Council dema to appoint Nancy Hugbee to the Englewood Clean, Green and Proud Commiuion; NOW, THEBBFOBB, BB IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Soc;tiQQ 1. Nancy Hugbee ia bseby appointed to the Bqlewood Clean, Orem and Proud Commiuioo. Nancy Hugbee' term will be eft'eetive immediately and will apire December 10, 2000. ADOPl'ED AND APPROVED tbia 7th day of .July, 1997. 'lbomaa .J. Buru, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk for the City m Batl-ood, Colorado, lmeby certify tbe above ia a true copy m Baoluticm No. _, Seriea m 1997. I 8 b ' " • • . • • 0 - RESOLUTION NO . Vt/!). ~OF1997 • • • .,.~? "'' A RESOLt.mON REAPPOINTING RON KIENTZ TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Ron Kientz is a current member of the Englewood Downtown Development Authority; and WHEREAS, Ron Kientz', current t.erm npired June 30, 1997; and WHEREAS, Ron Kientz bu applied for reappointment to the En,lewood Downtown Development Authority; and WHEREAS, the Englewood City Council deairN to reappoint Ron Kientz to the Englewood Downtown Development Authority; NOW, THEREFORE, BE IT BBSOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S@c;t;jgp 1. Ron Kientz is hereby reappoint.eel to the ED,lewood Downtown Development Authority. Ron Kientz', term will be effective immediately and will upin June 30, 2001. ADOPl'ED AND APPROVED this 7th day of July, 1997. Tbomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for dMI City of Bqlewood, Colorado, hereby certify the above ia a true copy of ReeolutioD No . __, Seriee of 1997. 11-. ' ' .. • • • 0 ]- - RESOLUTION NO. ,1 SERIES OF 1997 4 ~. • • • .. A RESOLUTION REAPPOINTING ED KRUEGER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Ed Krueger ia a current member of the Englewood Cultural Art.a CommiHion; and WHEREAS, Ed Krueger's current term upired July 1, 1997; and WHEREAS, Ed Krueger baa applied for reappointment to the Enc1-ooc1 Cultural Art.a Commiaaion; and WHEREAS, the Enpewood City Council deairN to reappoint Ed Knlllpl' to the En,tewoocl Cultural Art.a Commiaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtjpp 1. Ed Kruepr ia hereby reappointed to the En,tewood Cultural Art.a Commiuion. Ed Kruepr'a term will be effective immediately and will expire July 1, 2000. ADOPI'ED AND APPROVED tbia 7th day of July, 1997. ,,__ J. llama, l(ayar ATTEST : Louc:riabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk fur the City of En,tewood, Colorado, hereby certify the above ia a true copy of 8-oluticm No. _, Seriea of 1997. •, 8 d I ' . .. . ' • • 0 ]- - ; RESOLUTION NO. 16 SERIES OF 1997 · .. ,. • • • -\ l' ~ A RESOLUTION APPOINTING MICHELLE LERMAN TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Enciewood CIND, Green and Proud Cm,miHion; and WHEREAS, Micbelle Lerman bu applied to amve u a .....,_. attbe Enpwood Clean, Green and Proud Commiaion; and WHEREAS, the Enpwood City Coancil clNina to appaim 11icb111e Larman to the Bqlewood CI-. Green and Proud Ccwmieeion; NOW, TREBEFOU, BE IT BBSOLVBD BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Micbelle 1-an ia -.by 111111 MinMd to tbe .....,_ Clean, Green and Proud Commiuion. llicbelle Lerman', tam will be 6dne immediately and will apire Decmnber 10, 1998. ADOPTED AND APPROVED tbia 7tb day at July, 1117. ATTEST: Laacriabia A. Ellil, City Clerk I, Low:riabia A. Ellil, City Clark far tbe City at.....,_, Colmwlo, -.by C11ti1y the above ia a true copy at Baolation No . __,, S... at 1117. Ill~ . ' ' • -. ! e .. • • 0 - - RESOLUTION NO.~ SERim:I OF 1997 • • • A RESOLUTION REAPPOINTING RON LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Ron Lunder11 ia a current member of the Englewood Liquor Lic:enaing Authority; and WHEREAS, Ron Lunders' current term apine Auguat 4, 1997; and WHEREAS, Ron Lunders hu applied for reappointment t.o the Englewood Liquor Lic:enaiq Authority; and WHEREAS, the Englewood City Council demw t.o reappoint Ron Lunden t.o the ~ Liquor Licenaing Authority; NOW, THEREFORE, BE IT RESOLVED BY 'l1IE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtim 1. Ron Lunden ia hereby reappoint.eel t.o the Enclewood Liquor Licenaing Authority. Ron Lunder'a term will be efrective immediately and will upire August 4, 2000. ADOPTED AND APPROVED thia 7th day of July, 1997. Tbomu J. Bmu, Mayor ATTEST: Loucriahia A Ellia, City Clerk I , Louc:riahia A Ellia, City Clerk for the City al Encl-ood, Colando, hereby certify the above ia a true copy of Reaolutioo No. ~ Seriee al 1997. . . '• . , •. If .. • • 0 - - RESOLUTION NO.(tf} SERIES OF 1997 ~ <. • • • ... A RESOLUTION APPOINTING CHARLES REDPATH TO THE ELEcrION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Englewood E1ec:tion Commiwafon; and WHEREAS, Charles Redpath bu applied t.o a.ft u a member al the Enpewood Election Commiuion; and WHEREAS, the Eapwood City Coamil cleaira 11D appaiDt Cbarlea B.edpdi 11D the En,lewood Election Commiaion; NOW, TRER.EFORE, BE IT RESOLVED BY THE CITY COUNcn. OP THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedim 1. Charles Redpath ia hereby appoint.eel to the Ea,lewood Elec:tian Commiwaion. Charles Redpath'• term will be efl'ec:tive umnediately and will upire February 1, 1999. ADOPl'ED AND APPROVED tbia 7th day of July, 1997. Tbomu J . Burm, lla,ar ATTEST : Louc:riahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City al~ Colando, hereby certify the above ia a true copy al 8-lution No. __, S.... al 1997. 8 g ' ' .. . , •. • • 0 - - RESOLUTION NO. {j SERIES OF 1997 ·, ~- • • - A RESOLUTION REAPPOINTING CONNIE SANCHEZ TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Connie Sanchez is a current ~ember of the Enciewood Downtown Development Authority; and WHEREAS, Connie Sanchez's c:urnnt term a:pired June 30, 1997; ad WHEllEAS, Connie Sanchez bu applied fur reappaintmmt to the....._. Downtown Dcwelopmeot Authority; and WHEll&\S, tbe ....._. City Council ... to reappoint Connie Sancbez t.o the Englewood Downtown Development Authority; NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tim 1. Connie Sancbe& is hereby reappointed to tbe Eqlewood Downtown Development Authority. Connie Sanchez's term will be etfec:tive immediately and will eiq,ire June 30, 2001 . ADOPI'ED AND APPROVED this 7th day of July, 1997. ,,.__ J . Buma, Ila,- ATTEST : Louc:riahia A Ellis, City Clerk I, Louc:riahia A Ellia, City Clerk for the City al Bapewood, Colorado, hereby certify the above is a true copy of R..olution No. _, Seri• ol 1997. ,. -. , •. • • 0 - - RESOLUTION NO.~ SERIF.s OF 1997 • . ... • r A RESOLUTION REAPPOINTING JANET SPANGENBERG TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Janet Spangenberg ia a curnmt member of the Englewood Cultural Arte Commiuion; and WHEREAS, Janet Spanpnbers'a curnmt 1mm apired July 1, 1997; and WHEREAS, Janet Spana-berc baa applied far reappointment to the Enpwood Cultural Arta Commiaion; and WHEREAS, the Enclewood City Council deairN to reappoint Janet Spanpaberr to the Enciewood Cultural Arte Commiaeion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. Janet Spangenberg ia hereby reappoint.eel to the Enpwood Cultural Arte Commiuion. Janet Spanpnberg'a term will be efl'ec:tive immediately and will a:pire July 1, 2000. ADOPl'ED AND APPROVED thia 7th day of July, 1997. ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk for the City al Bqlewood, Colondo, banbJ cartity the above ia a true copy of BaolutiOD No . _, Seriee al 1997. . ' .. at .. • • 0 ]- RBSOLUTION NO. t.l!. SEBIES OF 1997 .. • • • A RESOLUTION APPOINTING TIM STONER TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Ealiewood Clean, Orem and Proud C-miMi-; and WHEREAS, Tim Stoner bu applied t.o lmff u a-. al the Enc1ewooc1 Clean, Orem and Proud Commiaaion; and WHEREAS, the Eapwood City Council dmirw t.o appoint Tim at--to tbe Eaclewood Clean, Green and Proud Commiaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Tim Stoner ia hereby appointed to tbe Eaclewood Clean, Orem and Proud Commillrion. Tim Stoner's term will be eft'ec:tive immediately and will expire o-mber 10,2000. ADOPl'ED AND APPROVED tbia 7th day al July, 1997. ,,._.. J. Baru, Ila,- ATTBST : Loucriabia A. Bllia, City Clerk I, Loucriabia A. Bllia, City Clerk b tbe City al......._, Colando, -.by certify tbe above ia a true copy al BeaolutiaD No. _ S... al 1997. .. • • 0 ]- RESOLUTION NO. ~ SBBIES OF 1997 · ... '· • r • • A RESOLUTION RECOMMENDING THE APPOINTMENT OF KRIS STYES TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy on the En,iewood Planning and Zoning Commiaaion; and WHEREAS, Kris Styae bu applied to eerve u a member of the En,lewood Planning and Zoning CommiNion; and WHEREAS, the lllayur with the appraYal of the Enalewood City Council clemN to appoint Kris Styes to the Bnpewood Planninr and ZoniDc Commiaaimi; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sw;t:i1111. The City Council of the City alEnllewooei, Colorado recommau11 that the Mayor appoint Kris St,-to the Bnclewood Planniq and Zoning Commiwim. Kris St,.' term will be eft'ectne immediately and lhall apire February 1, 2000. ADOPl'ED AND APPROVED tbia 7th day al July, 1997. Tbomu J. Burm, Ila,- ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabi.a A. Ellia, City Clerk for the City al Eqlewood, Colando, b..ebJ cstify the above ii a true copy ofllaolution No._, S..-al 1997. " -. ' •. .. • • • • RESOLUTION NO. ~ SERIES OF 1997 . . • • • A RESOLUTION APPOINTING RAY TOMASSO TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Ana Commiaicm wu eatablubed by the Eqlewood City Council with the punp of Ordinance No. 5, Seri• of 1996; and WHEREAS, Ray Tomuao hu applied t.o aerve u a member of the Englewood Cultural Arta CommiNion; and WHEREAS, the Englewood City Council deliree t.o appoint Ray Tomauo t.o the Eqlewood Cultural Ana Commiaaicm; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. Ray Tomuao ia hereby appointed t.o the Eqlewood Cultural Arta Commiuion. Ray Tomuao'• term will be effec:tift immedi-Wy and will upire July 1, 1999. ADOPTED AND APPROVED thia 7th day of July, 1997. 'Ibomu J . Bunaa, Mayor ATTEST: ~a A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk fur the City of Englewood, Colorado, hereby certify the above ia a awt copy ofRelolutioD No.__. S... of 1997. . , • . '' .. • • 0 ]- • • • . . RESOLUTION NO. fJ!/:2 SERIES OF 1997 ' A RESOLUTION REAPPOINTING DAVID WARNER TO THE ENGLEWOOD UQUOR UCENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORAOO. WHEREAs, David Warner ia a current member of the Englewood Liquor Licenaing Authority; and WHEREAs, David Warner's current term upirea Au,uat 4, 1997; and WlfEREAs, David Warner has applied for reappointment to the En,lewood Liquor Li~ Authority; and WlfEREAs, the Englewood City Counc:iJ d8llirea to reappoint David Warner to the Englewood Liquor Licenaing Authority; NOW, THEREFoRE, BE IT RESOLVED BY THE CITY COUNcn. OF THE CITY OF ENGLEWOOD, COLORAOO, THAT: Sectim J. David Warner ia hereby reappointed to the Englewood Liquor Liceuinc Authority. David Warner's term will be effiictive immediately and will npire Au,uat 4, 2000. ADOPI'EO AND APPRoVED thia 7th day of July, 1997. ATTEST: 'lbomaa J. Bum., Mayor Loucriahia A. Ellia, City Clerk I, Louc:riabia A Ellia, City Clerk for tbe City of En,lewooci, Colando, 1-'eby c:ertify the above ia a true copy of Reaolution No . _, Sen. of 1997. . ' 8 111 • • 0 ]- - RESOLUTION NO .i SERIES OF 1997 · .. • • • JY · ( 1J 1 ~ I\ ./ A RESOLUTION APPOINTING OLGA WOLOSYN TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Enpewood Cu1tunl Arta CommiNim wa NUJNiebed by the Bnpewood City Council with the puaap al Orclinuce No. 5, Seriea ol 1996; and WBBBBAS, Olp Woloayn bu applied to..,..• a maDber oltbe Bnpewood Cultural Arta Ccamiaaion; and WBBBBAS, the Bapewuod City Council dNina to appaill& Olp Woloayn to tbe Bapewood Cakaral Arta C-miwim; NOW, THBRBPOBE, BE lT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Secsim 1. Olp Woloayn i9 -.by appointed to tbe .....,_. Cakural Ana Commiwion . Olp Woloayn'a term will be eflactmt iemedietely and will apire .,..., 1, 1919 . ADOPl'lm AND APPROVBD this 7th clay of July, 1197. ATTEST: Low:riahia A Ellis, City Clerk I, Loucriabia A Ellis, City Clark ... the City al ........ Colando, ba'9by cati1y the above ia a true copy of ReaolutiaD No . __, S.. ol 119'1. . ' • . .. • • 0 ,,. - • • COUIICL CGUUINCAffON .,.,,,,,,1111 ....... ., C0111aLC1GM._,.._C011a111 m ..... ............... ..._ ........ 1111 ... ,..., .. ............. ., .. Cir., -· .......... o.auatnt ClrCGuld la ............ 9 F I .............. flTMCJR llt 1112. 11111 .......... CIJ _...., ................. " 7 ., .. _ ....... W:O B ll&AICIION .... _ .... c:a,c..11...,.. .................... a1, ... ,..., ......... ...... 111 .. CIJflC II 11f ....... aD11N1t11 ...... • ....... llfldN• F l 4,-.111lr .. lllw .. a11111naa.1P,1ltllllrll--........ c:ar .... -............................... ..... ....................... .., __ MNICW. aaw:I' 1v1•n:.a11.aw11en'*llaue .. .._ .. CIIJll...,._.I..,...._._,.._ .. ...-.._ ..... .., ........ Lal' 0, AffACl-11'1 confll..,...... ... .., .. ...._ . ' • « • • • • • - • • ORDINANCE NO. SERIES OF 1997 • • • BY AUTHORITY ABllJ..POR COUNCll. BllJ.. NO. 63 INTRODUCED BY COUNCll. MEMBER~~~~~~~- AN ORDINANCE SUBMlTl'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL BLBCl'ION A BALLOT ISSUE FOR THE PURPOSE AUTHORIZING A VOTD- APPROVED REVENUE CHANGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, this bill for an Ordinance would IIUbmit to the regiatered voters of the City of Englewood a ballot question issue regarding voter approval for a revenue cbanp in the spending limits that the City of Englewood is otherwise IIUbject to pur11U11Dt 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 llhould vote on the disposition of future revenues the City collects; and WHEREAS, the City of Englewood will only be allowed to retain those tueB and other revenues that currently mat, without raising any emting 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 aerviceB to the citizens of Englewood; and WHEREAS, the City of Englewood could incur additional coats to refund tueB and hold elections without this measure; and WHEREAS, the City of Englewood will be better able to plan it's future NrYice levela 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 : Sec;tigp 1. Pursuant to the proviai011B of law the City of Englewood hereby IIUbmits for a vote of the registered elect.on of the City of Englewood at the 1997 Municipal Election the following isaue and the ballots for said election ahall carry the following deaignation which shall be the submission clause: WITHOUT INCREASING EXISTING TAX RATES OR ADDING ANY NEW TAXES OF ANY KIND, AND FOR THE PURPOSE OF FUNDING THE COSTS OF: (A) PUBLIC SAFETY, (B) STREET MAINTENANCE AND REPAIR, (C) LIBRARY SERVICES, (D) RECREATION SERVICES, (E) PARK MAINTENANCE, AND OTBB1l 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 CUllllENTL Y COLLECTED • "' • • , - - • . ... • <. 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 __ $ec;tigp 2. Each elect.or voting at said elec:tion and deairoua of voting aball iDdicat.e bia choice by depreuinr the appropriate counter of tbe voting machine or by the appropriate muting upon paper ballota where med. Sertim 3 Tbe proper offlciala al tbe City al Englewood lball sne aatice of Aid ,-,al mumcipal electian, -=h name lball be publiabed in tbe -and for the lea,th of time required by law, and tbe ballota cut at such elec:tion lball be canvuaed and the l"MUlt ~ed. cletermiaed, and eerWled u required by law. Sertior fs . If the electon approve tbia measure, the City will collec:t, retain and upend all reven1MS it collec:ta without impoaing any new tuea or railing any uiating taxes. Serlicn 5. If the elect.an do not approve tbia lllNRM, the City will CODtinue t.o fully comply with all upecta altbe Tu pa:,en Bill ofRipta (Tabor). Sertior 6. If any wtioo, parqrapb, clauae, or other portion of tbia ordinance ii for any -held t.o be invalid or 111l811"'-ble, tbe invalidity or Ullellror-bility aball not affect any of the re,naining portion.I al tbia ordinance. Introduced. read in full, and puaed on fint nadiDg on tbe 7th day al July, 1997. Publilbed u a Bill fill' an~ on tbe 10th day al July, 1997. ATTEST : Loucrilhia A. Ellil, City Clerk I, Louc:riabia A. Ellia, City Clerk altbe City al Englewood, Colorado,.....,,. certify that tbe above and foreaoinr ia a true copy of a Bill for an Ontinance, iDtrodaced, read in fall, and puaed on tint reading on tbe 7th day al July, 1997. ·. . , ~· • • 0 • • • · ... . . COUNCI. COMMUMCATION D• Agendaltam subject July 7, 1997 Prapoud bill for ., or*- r9Pfdlnll submiAion 1D • ¥Ola of the 10 a U ,....... tlectDrs of Paving Dislric:t 31 fDr ---of dallt fDr Imp--* ID .. llmlcl's ........ ........ ., I Fm* ....... of Finalcial ..... Dnca-m COIN:11 CIQAL AND PREVIOUS COUNCIL ACTION This 11111 fDr an ---~ lubmlt 1D the regiltar9d vatas of Paving Oillric:t 31 in the City of EnglNoocl a 11a11C1t .,..aon,..,... ..-of $800,000 of bonded dlllt 1D ._ Imp--* 1D the District• ........ TIie...,.... of this dallt wil take place -Ian yws, and be paid from tpedal 111111 rents a.vied agairllll prapa,1IN in 118 Diltrict. RECOllll!MJED ACTION 8ta«1-1w.•• C-.:11....-the llllac:hed 11111 fDr •~ ....... ID a vale oflla ,......,_ ""*'9 in Pawig Dillrict 31 in 118 City of EnglNaod 1D ... spacial -I I I malt dallt. If 118 llallat lnillallva is al C 11 lful I wil IWllt in allawing..,...., _.. in Pawig Dis1ric:t 31 tD 11nanca ill·----,-.. IIACK«->IN). MM.Ya, AND ALWTIVB IDtNlrED The City of EnglNaod ChaW ...... a majority ......... va1a oflla ,..._.. ...... In Pawig Di11rict 31 tD..,. this dallt. Allo, al the wlll'I in the City of E,.._od wil be 8llriad ID vale on changN ID ..._.. 1CII of .. City of EnglNoocl a.tar. 11-IMt llallClt .,..aons -llnud. • the valllr'S mull....-changN ID lie a.tai-in order ID only '-0-valllr'S In Pawig Dislric:t 31 vala on ttlls quallon. If .. challe ID Ille a.tai-Is nat ...-,ad, Olis quaelon may Mad 1D be ,-111nr11ac11D al .. wlll'l III the City ID .... Olis dallt w thougll oni,......, _. In 118 dlllric:t wi1 be .................. a11111mall..,,..... fDrdllltwviaas. The City'-1w......, ID Imm Cl 2 \ -pnlll8lllas in .. Dillrict '-.,._.of the coa9 of i••--* lfttlis vale lsnat11ecc111tl2 . The..,.._.wilftltlle.,....•.._•••...,.1111a-..,-._op1on_ FINANCIAL MW:1' Theaallfflalladcoa9rli+__....._.. ... _....IIIIO,cm. lflllNll'lls......,.__.. ..... ...._ ..... apecial Ill IWDla .............. 111 ..... rMtcll31. "'*'--, ................... 0.W.Fulld -- UIT OF ATTACS IIBITS Pra,oNd 11111 IDr., ...._ .. . , • .. • • 0 - • ORDINANCE NO. SERIES OF 1997 • • • BY AUTHORITY ABILLPOR t• COUNCIL BILL NO. 6' INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE SUBMITTING TO A VOTE OP THE REGISTERED ELECTORS OF THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR B.BSIDBNTS OP PAVING DISTRICT NO. 38 OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUBSTION AUTHORIZING THE ISSUANCE OP DEBT TO PAY FOR THE IMPROVEMENTS. WHEREAS, the City Council of Englewood, Colorado, has det.ermined that it is necessary to create a special improvement district within the City for the purpo11e of providing for the removal and replacement of sub-standard curb, gutter, and sidewalk and the new corurt:ruction of curb, gutter, and sidewalk improvements, together with neceuary incidentals, within the City and to 888t!IIII 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 colllltruction 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 u set forth in C.R.S. 31-25-534, entitled, Issuing bonds -property apecially benefited; and WHEREAS, the City of Englewood and the Arapahoe County Clerk and Recorder are in agreement that procedurea may be implemented to coordinate tbia iNue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ection 1. Punuant to the provisi01111 oflaw the City of Englewood hereby submits for a vote of the registered electon of the State of Colorado who are owners of property within or residenta of Paving District No. 38 of the City of Englewood at the 1997 General Municipal Election the following issue and the ballots for said election shall carry the following designation which shall be the 11ubmiuion clause: SHALL THE CITY OF ENGLEWOOD'S DEBT BE INCREASED $970,000, WITH A REPAYMENT COST OF Sl,3000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF REMOVING AND REPLACING SUBSTANDARD CONCRETE CURB, GUTI'ER, 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, WIUCH 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 _ . Ii,-.. , ~• ]- • • • , . . • ' .. 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 __ Sei;tjon 2. Each elector voting at said election and desirous of voting shall indicate his choice by depreuing the appropriate counter of the voting machine or by the appropriate marking upon paper ballot.a where uaed. $ection 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 ballot.a caat at such election shall be canvaued and the result ascertained, determined, and certified as required by law. Sei;tjon 4. If the majority of the registered electors who are owners of property within or residents of the district voting at said election vote yes for said proposition, the City Council shall at the earliellt practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said regiatered electors voting at said special election. $ection 5. If a majority of the regiatered electors who are owners of property within or residents of the district vote no for aid propoaition, the propertiea located within the local improvement district shall b e a-.ed for the improvement.a with their property tuea. $ection 6. If a ma,jority of the registered electors of the City of Englewood Yote no for said propoaition the City Council shall finance the coDBtruc:tion of improvement.a to the City's water system and water proceaing equipment including all appurt.mant facilities by other methoda. Se¢jgp 7. By approving thia Ordinance the City ia not ltating that apecial UIM!llllmenta are by any law tuea. It ia the purpoee ofthia OntinaDce to~ the iaaue of financing special improvement projecta in the most -ical IIIUW' and to avoid expemrive, time conauming litiption and the uncertaiDtiee thenoC. Sei;tjgp 8. If any section, paragraph. clauae, or other portion al thia ~ ia for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portiom of thia ordinance. Introduced, read in full, and palNd on first reading on the 7th day of July, 1997 . -2- " - • • • 0 I I - - • • . ' • .•. Published as a Bill for an Ordinance on the 10th day of July, 1997. 'lbomu J. Burna, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellis, City Clerk of tbe City al Eqlewood, Colando, baeby cmtify that tbe above ud funsuiDI is a true copy al a Bill fir an Orclinanm, introduced, read in full, ud,..... _ tint readinc cm tbe 7th day al July, 1997. Louc:riahia A. E1lia -3- . , • • 0 l I ,· • • ·, - ... .. COUNCLCOMMUNICATION o ... Agendallam Subject July 7, 1997 PrapoMd bill far an ordinance repnllng submission to • vote of ... 10 a iii ,...... ...... oflheClty of &lglNaod ,..-ct-.,. ID City a.ear-Section 108 on lhe lhe 111117 ..... ....... ., IF,.. .... .__ Cllv of Financial s.w.a OndDr COUNCIL OOAI. AND PREVIOUS COUNCIL ACTION City Council ha discusNd this.-at lludy ~ on June 2, 11197. This action allows lhe City men tlacibllity rapnllng ... 19paymenl of ... Int tltlh of special ----dlllrid dabl RECOMMENDED ACTION Slaff-• lhe City Council ~ lhe atllldled bill far an onlinanca placing • ballot queltiorl on lhe Novwnba 4, 111117 ballot 1-aa,ding changN to Section 108 of lhe City a.tar. Thil action allows the City to pay off the lat ftlh of oulstanding special imp~ dlatrtd bands If thall la a tlnw:iallr _. clacilioll . CUIIWllly, lhe City la raqund ID pay lhe Int ftfilh of an oulslandlng special ~ dlllrid bond iaue. Thil limb the Cly's "'*ldal opllons and also, tac:hnlcally l9qUira any special ----dlatrtd dlbt ID lie wtecl on by lhe antn City, -though the Issue ha no ftnancial impact on than. FIIIANCIAL IMPACT Alt alllmlative vote on this issue will not i-• tlnanc:ial impact on the City, but it may -ciliDns considerable money by allowing than to vote to finance their special -smanis through debt Issued by the City. UIT OF ATTACHMENTS Copy of proposad bill for an ORiin.- . , • . .. • • 0 I ]- ORDINANCE NO . _ SERIES OF 1997 '· • • • BY AUTHORITY ABILLPOR COUNCIL BBL NO. 85 INTRODUCED BY COUNCIL IIBIIBBR~~~~~~ - Alf OIIDDfANCB SUBIOT'l'ING TO A VOTE OP THI!: BBGISTBB.BD ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL BLIICTION A PBOPOSBD AIIBNDIIBNT TO TBB CBAllTBll OP THE CITY OF ENGLEWOOD WIUCH WOULD AMEND SECTION 108 OF THE BNOLBWOOD ROIIB BULB CIL\llTBll PBllTAINING TO SPIICIAL OR LOCAL IMPROVEMENT DISTRICT BONDS -SPECIAL SURPLUS AND DEFICIENCY PUMD POil TBB Cl'l'Y OP BNGLBWOOD, COLORADO. WHEREAS, citizaia in the City of Englewood directly impacted by apecial Ill' local improvement cliatrict debt questiona will be allowed to vote cm &nanc:iq optiona available to them without having all voten in the City YOtinc cm UIIIUM that cmly affect them; and WHEREAS, the City of Englewood will be IPWID man flaibility on dec:idinr to retire the lut fifth of outatanclinr apecial Ill' local iJr.povwt diatrict bonded debt; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: SectiQn 1 There ill hereby 1Ubmitt.ec1 to the reptered e1ec:ton of the City of Englewood at the nut ICbedulecl replar municipal electicm propodecl amendment to the Charter oftbe City ofEnpewood, u followa : 9nrtim No · ARTICLE X FINANCE ADIIINISTRATION PART m . BONDED INDEBTEDNESS 108 : SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS - SPECIAL SURPLUS AND DEFICIENCY FUND Whenever a Public Improvement Diatrict bu paid and cancelled four.fiftba (4/5) of its bonds outatanding, and for any reuon the remaining -enta are not paid in time to take up the &nal bonds of the diatrict and interNt thereon, then the City ehtHl MAY pay Aid bonda when due and int.er.t due tberecm, and reimbune itaelf by collecting the unpaid -menta due Aid diatrict. -1- ·, • • 0 :-.~ l ]- - • • • '· ,. 5et;t;ign 2 'nle voting machines, paper ballots or mail ballots for said election sball carry the following designation which shall be the submission clause: Qu,wtion No Shall the .. me Rule Charter of the City of Englewood Section 108 -Special or Local Improvement District Bonda of Article X. Part m be amended to allow the City of Englewood the option of paying the principal and interest due on the 1ut fifth of any outstanding special or local improvement district bonds when due and reimbune iblelf by collecting the any unpaid -enta due from the district? ___ Yea ___ No Sa:tioo a. Each elector votmc at aaid election and deairoua al YOtin, lball indicate bi.a choice by d.-m, the apprClllriate counter of the voting mamiDe or by the appropriat.e marking upon paper ballag where uaed. Sec;tion • The proper offic:iala al the City of Englewood sball pw, notice al said general municipal election, aucb notice sball be publiabed in the manner and for the length of time required by law, and the ballota cut at aucb election lball be canV&INII and the result ucertained, detennined, and c:ertifled u required by law. s.:timL5. Only if the quemon ia approved by the~ elediar'I al the City al Englewood lball the Article be unmded and the Charter, u •l!Mllded. certified to the Secretary of Stat.e. Sa:tioo 6. If any aec:tion, parqrapb, claw, or other-panioD al this Ordiaance ia for any reuon held to be invalid or ---W., the invalidity or unm!orceability sball not affect any of the remainin1 portiau al this Ordinance. Introduced, reed in full, and ,-.I CID flnt niediDs Oil the 7th day al July, 1997. Publiahed u a Bill for an Ordinance CID the 10th day al July, 1997. Tbomu J . Burna, Mayor ATTEST : Loucriahia A. Ellis, City Clerk -2- " -. ' • . .. • • 0 ]- ,, -. • t• • • . . ,, COUNCIL COMMUNICATION 0.. Agendallam ....... July 7, 1997 PrapoNd Bill For NI~ 10 a iv Regarding Submiaion To A Vote Of The R....._ Elldars Of The City Of E,._aod Regarding Prapoaed Debt 1-For...__.tothe Cb'1Wlillr-1111 lllltlalied ., ......... Dlpamlalt of Financial Services Frri Gini-cz, Dir8dDr -of Ulllllles Stu Fonda DndDr COUNCL GOAL AND PREVIOUS COUNC1.. ACTION This bil for an ordinance~ IUbmit to the ,....._ wars of the City of E,..i-od • ballot qua11on r9qU8lting iauanca of S15, 100,000 of bonded debt to finance~ to the Clly'1 Wlillr systam. Allhough W111ar r11ta - planned to be UNd for debt .-vice, the full failll and cndlt of the City will be pledged for ...... ~ of the gaMral obllplion debt. Thew .. and 6-' Board ha dilculNd pulling this ballot queation will Council at the June 2, 111117 ltudy INlion. RECOMMENDED ACTION Staff-• Council approw the lbdlad bll for an onlinanca lubmllllng to•..-. of the,....._ wars of the City of E,._aod to --debt. If the ballot inlllltive ii 1-.fut • wil rwult In lubltarltiel IIMllp to .... -· IIACKOROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Engi-od Charter !*luira • ma;orty afflrmaliw vata of the ,....._ aleclorl to i11118 gaMra1 obllplion debt (Altic:la X, Pait Ill, Saction 104). The paaaga of Amendment 1 (TABOR) ...... the UM of tighlly construc:tad ...... In the ballot quNtion. City staff, Council, and thew .. and s-Board .. lgr'N lhllt this ii • much nNdacl prajact. The project .. go fDfww'cl l9pfdlell of the oulmme of the 1/m. This qualtion may be pullacl from the ballot If the City ii ._.. In olllalnlng funds from the Colorado w,,_ R--and.._ oa ... lopment Aulhorlty . Another altamative funding mechanilm ii ~ -118 boncll. The full faith and cndlt of the City ii not pledged. but this • more complex and ecpansiw abrnativ9. If this ballot iaua ia not -.ful, the project wil be funded In ltlia manner. FINANCIAL IMPACT The Ntlmlad COit of imp,--* and upgradN should not er:Nd 115,100,000. If bonding ii IIPll"""N, dlllt wllica will be made from thew .. Ent.rpriN Fund ,-cas. Ther9fln, no diNd imped on General Fund rwciun. wa lie flll If the City -1ully obtains funds tam the Colorado W,,_ "-and ft-. 0..alQIN'*ll Alllhortly, tt1i1 quation wi1 be pulled tam the ballot, and,-from thew-. E'*'1lriN Fund will be UNd for debt wllica • -11. UST Of ATTACHMENTS PropoNd bill for an ordinance . ( .. • • 0 - ORDINANCE NO. SERIES OF 1996 . ' '· • • t• • - BY AUTHORITY A BILL FOR COUNCll. BILL NO. 66 INTRODUCED BY COUNCIL MEMBER~~~~~~~- ,,. - AN ORDINANCE SUBMI'M'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BAU.OT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE Cl'l'Y'S WATER SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL NECBSSARY 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 iuuance of debt for the purpoee of financing the colllltruction of improvements to the City's water syatem and the purchue of water processing equipment including all necessary and appurtenant facilities; and WHEREAS, Article X, Section 20 of the Colorado Constitution requiree that the City have voter approval prior to issuance of any multiple-fiacal 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 ll)'lltem 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 least eir:pemive 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: Sect;ipn 1. Pursuant to the provisiOllll oflaw the City of Englewood hereby submits for a vote of the registered electors oft.be City of Englewood at the 1997 Municipal Election the following iBBue and the ballots for said election shall carry the following designation which shall be the submission clause: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $15,100,000.00 WITH A REPAYMENT COST OF $25,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED $1,300,000 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 '' ' .. I· • 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 VALOREM 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 CONDITION, 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?" YES __ NO Ses;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 published in the manner and for the length of time required by law, and the ballots cut at such election shall be canvaaaed and the result ascertained, determined, and certified as required by law. Ses;tigp 4 . If the ballot issue is approved by a majority of the regiatered electors of the City, the authority of the City Council to iaaue general obligation bonds of the City will be deemed and considered a continuing authority to iaaue and deliver such bonds at one time or from time to time in accordance with the terms and conditions of approval as &et forth in the ballot isaue voted upon, and neither the partial e:erciae of the authority ao conferred, nor any lapse of time, will be considered as ellhausting or limiting the full authority conferred by the electors. Ses;tion 5 . If a majority of the regiatered electors of the City of Englewood vote no for aid 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 appropriations clause. Section 6 . If any section , paragraph, clause, or other portion ofthia 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 paaaed on first reading on the 7th day of July, 1997. ,, - . ' ., •· • 0 l ..... I • • • Published as a Bill for an Ordinance on the 10th day of July, 1997. 'niomaa J . Burna, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City C1erlt oftbe City ofEnpwoocl, Colorado, hereby certify that the above and foregoing ill a true copy of a Bill for an Ordinance, introduced, read in full, and paued on tint reading on the 7th day of July, 1997. Louc:riahia A. Ellia • I • . • • • 0 J • 0 I• • COUNCIL COMMUNICATION DA TE: AGENDA ITEM: June 19, 1997 for July 7 , 1997 City COUDCil Meeting l Q a y SUBJECT: Environmental Procection Agency Brownfield Pilot Grant ,. - INITIATED BY: Neighborhood and Business Development Office STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Collaboration : Use public/private partnerships to bring idle commercial/industrial sites back into productivity , create jobs, housing or civic uses . Economic Development : Englewood participates in business retention, expansion and re- development with Brownfield loans when such activity benefits the economic health of the community . Residential Issues: Protect health, safety and welfare of people living near contaminated sites . Provide opportunities to re-develop the land in a manner more compatible with adjacent land uses . RECOMMENDED ACTION; Staff recommends that City Council approve the attached bill for an Ordinance accepting $200,000 from the Environmental Protection Agency under the Brownfield Pilot Program. The federal funds will capitali7.e Englewood's Brownfield Revolving Loan Fund for use within Englewood to conduct environmental assessments of contaminated property, engineer envi- ronmental clean up programs and to obtain other environmental assurances. BACKGROUND, ANALYSIS, AND ALTERNAJIYU IDENTDJEQ; On January 13 , 1997 , City staff applied to the Enviromncntal Protection Agency(EPA) Brown- field Pilot Program for assistance . The 1997 Federal Brownfield initiative proposes to assist cities with Economic Development projects when an environmental issue interferes with devel- opment. On May 16, 1997 , EPA announced that Englewood has been selected to participate in the Brownfield Pilot Program . Staff proposes to establish, market and administer a Brown- fields Revolving Loan Fund to demonstrate this public/private approach to the problem of as- sessing, cleaning and developing sites with environmental contamination issues . FINANCIAL IMPACT; Although matching funds are not required to receive this grant, staff has submitted a request for funds in the five year Capital lmprovcmem Fund because EPA funds may only be used for • J. -; trr, • . •· • 0 f -• ,.. • ·, • <. 2 assessment and engineering. It would usually be more desirable for Englewood to have funds available to rcmediatc contamination and expedite site redevelopment . Loan funds get repaid once redevelopment occurs. Some sources of remediation funding do require match funding such as the Economic Development Administtation(EDA), which requires a 25% match. Other sources of remediation funding like the Department of Housing and Urban Dcvelop- mcnt(HUD) may require an idcntificd account balance or revenue stream to guarantee a loan for environmental cleanup. Neighborhood and Business Dcvclopmem Slaff bas been working with local business associa- tions and development professionals to develop program guidelines and economic development criteria for loans . A twelve member cast force is meeting twice over the summer to provide comments to staff on the program. Slaff must consider Taskforcc COIIIIDCIIIS while completing program documentation for submitlal to EPA for their review and approval. AT[ACHMENTS; Bill for Ordinance SUBMITI'ED BY; QYIEWEDBY; Mark Graham, Project Manager ,. -. " 0 \ ' ' • • • 0 - ORDINANCE NO . SERIE'3 OF 1997 • • • BY AUTHORITY A BILL FOR I• COUNCll. BILL NO. 62 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING ACCEPl'ANCE 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 assessments 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 uaed 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 occura; and WHEREAS, the Englewood Neighborhood and Business Development staff baa 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 conaider 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 : Sectjop 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 sip all n-,y documents for such acceptance . Introduced, read in full, and passed on first readiq on the 7th day of July, 1997. -1- ' ( .. • • 0 , I ]- • • • Published u a Bill for an Ordinance Oil the 10th day of July, 1997. Thomu J . Burm, Mayor ATTEST: Louc:riahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cmtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on first reading oo the 7th day« July, 1997. Low:riabia A. Ella -2- • I • . , \ • • 0 r --I - - • • United States Environmmttal Protection Agency Wahington. o.c. 20480 • 0 - SolldWute and~enC'/ R~(5101) EPA 500-F-97-126 April 1997 Regional Brownfields Assessment Pilot Englewood, CO Outreach and Special Projecls Staff (5101) Quick Rlffll!WIClt Fact S'-t EPA's Brownfields Economic Redevelopment Initiative is designed ID empower States, communiies, and olher stakehoiders in economic redevelopment ID WOl1t IDgeUler in a timely manner to prevent, mess. safely dean up , and suminably reuse brownflelds. A brownfleld is a sile, or portion lhereaf, lhat has actual or perceived contaminlllon and an active potentialforredevetopmentorreuse . Between 1995and 1996, EPA funded 76 National and Regional Brownftllds Assessment Pilo1S, at up to $200,000 each, tc support Cl'9ltive two-yes explorations and demonstrations of brownfields solutions . EPA is funding more than 27 Pilots in 1997. The PilotsninlllndedlDprovide EPA , States . Tribes, municipdlies, and communities with useful information and strategies as !hey cantilue tc see!t new methods to promote a unilied approach ID site assessment, environmental cleanup, and l9dlvelopment. OVERVIEW EPA Region 8 has selected the City of Englewood as a Regional Brownfields Pilot. Early mis cemmy , Englewood was home to many of the Denver ara·s heavy manufacturing industries. Several oftbe older facilities have become functionally obsolete. and residents near these sites suffer tram below average incomes and population growth. In many cases. die potential for environmental liability has kept prospective businesses from redeveloping these obsolete properties . lbepilotwilltargettwositesthaurecoasideredtDbe essential toward achieving the City 's long-range planning goals . General Iron Works is a 280,000 square-foot former iron foundry on an 18-acre parcel. Almost one-fifth oftbe residents living near the Iron Works site live below tbe poverty level. Unemploy- ment and poverty mes in nearby neighborhoods are much higher than the City average . OBJECTIVES Englewood • s goal is to establish a brownfields site assessment revolving loan fund dwoffers low-inter- est loans as incentives for privare-sector property owners to voluntarily assess their properties. The PLOT SNAPSHOT Conlactl: MlrkGrlham Cly rl Engllwood Olb rl Neiglltlomood Bulinm Dtvelopment (303) 782-2353 SIi Praal: Thi pilot wl 11191111111 famw indumial llllwilllmawn aw•••WL•. rangilg in lillltam21.IJ001q11n fall ID 18 ams. OIVicl Oltrlnder U.S. EPA • Region 8 (303) 312.a31 Olllllldlr.dlvidO epamail.epa.gov 'Iii 1111 EPA BrlMnlilll W... It l'lall:Jlwww ....... Ulillllldl ...... "' - •· • 0 , ]- - • • • City' sobjec:tives forthepilotarelDencourap ...... ment, remediation planning. md r9IJSe of mown brownfields; evaJumpo1mdallycoaamin-.t sims; eliminateaeprive impacaon bealthadtbeeaviroa- ment; and ensure environmental and economic bea- efi1S for disadvantaged communiries. ACTIVmES Activities planned as put of this pilot iDclude: • CreaangaBrownfieids Task Forceaadesrablilbiq ils admin.isnave guidelines; • Esrablishing award criteria for a Brownfieldl Sita APeslment Revolving Loan Fund; • Continuing outreach efforts to community orpnizlltions and ocher Slakebolden; • Identifying sources of remediation funds md potmtial developers for tbe two llrpt sitlls; • Dispersing revolving loan funds for eavinlamlllml aaessmam • bods target silles; and • Evalualiq c:ammercia1 and indllllrial facililill ilr m¥iaoamemal risk paoenrial n. c:oopanlivc ·--fardlil Pllaca .. ,. ... iNa,l iMld· IINrdn. 11C1MD11 clllcrillld ii lllil &er _. _ subjecl ID c:bap. ,.... ... ,,, ••• " -Piaf /flll 1N7 I f 11 1 Cllllra 8'AatHT•fll .. • I • . • • 0 • ]-- •. 0 I• • ' F5Di:RAL ASSISTANCE I --··--------- I l. T'f1II! OP SIJDGSSIDN: J. DAD :as:llVED ff STAD I STAD AfflJC.\DaN I ...-Pl .... r 4. DATIi IS3YID ff PBDBALm&NiW Cc CC FBDILIL MJIINC'l' 1% lfaa,,C c~ !. "1PUC.UfT !N1'0DIATlDN 1"""'N-QI . Uail: ! ADDaas i,...-,, -,, -_.,_.., ~-...................... - i.Iark Graham __ ..,....._.,......ep_-,_ ~eighborhood and Business Developmen llark Graaam3 Project 1.ianager " (303) 762-2 53 City of Englewood, Colorado ~ I 3400 s. Elati Street, Suite 200 7. 'r,,.fll ,_._,_~a-ia llal Denver, co 80110 A. .. H. 1111,, j S.....DIIL .. LC.-, L---~-..'-._.....,_re , .... c.~ 1.~u......,. D.T---, JC. llllila Tlille Lr..-L.~ w 13! -rn Im w [] ra rai !fil P. . . M. ...... 0. a. s,.;.i Dlaia N.O...~: L-r,,.ot .~ 9. Naa flll'-.i ...-r, ~ N1iW C! C C! ...... [J. s. Environmental PrnT'.''"'T'.i~" 4---~"' If ....... ----'-"·> ia ba(al: D D 10. C:...,. otll'-.i 0--Alliaaa ~ l]J I[! -Isl Q] [] A.r--A...t LO--A-,j c.r-o.... T"dla: Superfund State Site -Specific D. 0--C.-0..(~): Coopern i ve Ai;reements II. 0-,,.,.. T"• 01( ~-, ...,_, I i:.-~.,,,....,_, _____ ): En5lewood Brownfield Pilot City of Englewood, Colorado Revolving Loan tl.;o,,,,-,..,,_,nevolvinir toan ,.,._ni1:,., i ...... T'.k..w..c I IJ:lialaOf: V SIMO-, ... a. IL---1Jb.PI..;.. 8/1 /97 ii/ A City of Englewood, Colorad Brownfield Pilot 1, . ...-,-.,., .•. r...-...,... ..... .,,, ... ._a...m,:~ L,..... I s ?nn nnn I ,c!!!) 1lil .. _ ........... b. A4l,iioaa I s 0 I ............... 1:37%,-tir---..... I s 0 I DATll Lt-I s 0 r b. NO C Pl..-;. ---'"" L O. C'7: LO.. I s 0 I C •1'1..-_____ ..,, ... ,. ... r . ..__ I s 0 I 17. II t1II Al'KlCAlff' DGJIIQIJllft' ON Alff PIDaAI. msl'T 1.T-I s :.:uu,uuu I C Ta lf"T-.·---....... II • l l . T'O 7lm Hff OP MY JCNOwt..maa ,UfD ULll7. ~ DATA ON 'T1III AIPUCA~T1Dlf AAS -mlJS AND aaa:r. 'T1l5 DOc:tJMmn' HAI laN DULl' ~ ff TD OOYDNING mDT o, TD All'l,,C,Uft' .ufD TD All'LICMITWIIL OMPl.. Y 'Wffll T1II ATTACHID ~ II' TD Aaa!'AICS a AWAaDID. .. -n,,. ~-oi A-.. .. .. ' ' .. ti* ....... (303 Dou"°las Clari' /\j~l . City iJanaier ..... ~ 762-2311 ~--~ rr , lei~A .... ~ C, Al...() / ,..J-J_ -A --,,:;;;,,,., I •· • \ I I ........... ~ ............. ..,, .. ....... aaaa...- 0 .-......11rwa•·•s ...... , ' ' • .· .t • I j ' 011nt rro111n1 C1t1lo1 of Federal !'unction Uomelllc AHl11ance or Activity Huiober (1) Ch) ,. 00-802 2 • :J . - 4. -'· Tol1l1 6. Object CIIN C1te1ode1 .. ,.,_, b. rrt11plleMRII e.1·nnl d •. &anlpmenl •• Sllppllet r. Contnc:IIMI I · CGllllnictlOII h. OIiier I. Total l>lreet Clwpt t-or 611 • 611) J. Indirect Ch11rp1 k . TOTAI.S (111111 or ii Ind IJt 7 . Pro111m lnconie IIIIIN;lo:·r INFON"'ATION • Nelt-C.:..tnd ... Pr..-- l'ecletal (c) SF.~llON A • IIUIKiF.T SU~IMARY l !1tln111ed Unubllpted l'unch H1N1 -11edet1I (d) l'edenl (e) 200,000 sEt,'ION 1-IUIN;rr C.:ATEGOIUIS URAHT l'RUORAM, l'lJHC'llON OR AC'llVl'IY CIJ I tJ> I t:J> 0 0 0 16.000 170_!(!00 0 0 200,000 0 200,000 0 A1dhemetlF•LealR ......... Hc.-11 ...... (I) (4) • 0 • .................. _a 200.000 1urAL (5) 16.~ 0 - 0 - 0 -- 151000 170,000 0 -0 200,04?0 0 200,000 0 ---·· _., __ . ' -• -------:' • ---: ' .. ' I -.. I 0 / ' Q ' ' ( ' . C ' ' t . . ' • ..-, . ~ • . ' • . ' ' . I '·-1,. ~ --. g I ' ' . CZ~, '.-+!¥;;;±~@.!Zf:i MWZ . . . -. . ~ . ,. \ I ' I " ~ ' -..... ·- Sl!Cl'ION C • NON-nlNtaAI. llUOUaca ' (•) Ur•nl l'ro11•m (b) Ar,llctNII (e) Sltlle (ti) °"* 9-cn C•)T01'ALI ..... . I . B1·uw11r iuld Loan ---n 9. ' 10. } II . l , 12. 1 '0TAU (Nffl nrllnet I -II) 0 0 0 0 ~ stnHJN D • JURF.CASTKD CASH NUIJI .. .. 'IUl'AI. r,lf hi Year lal Quatler 2•Qattet J,dQNrler 46Qllllllr . D l:J . Pedenl 200.000 160.11110 !io.nnn 0 0 • • I I 14 . NCIII -Pedenl ./ 15 . 1U'l'AL (111m or line. IJ and 14) 200,000 160,000 60,000 0 0 • ,• ' SECl'ION E • IUIN;ET ISIUIATF.S OF nDHAI, RINDS NIUWIW ftJll aALANCIC cw n• ,auJK(.T ,. nmJU f\lNDINU nlllOINt (YIIHlt , (a) Onull rro1nm (I,) Pini (e).._. (tl)111W (•) .... 16. llrowuf ield Luau ----. 11. II. ' , 19. ' JO. TOTALS C--of Nne1 16-lft 0 0 0 0 SUC'llON p . umea IUOOB'r INPORMATION i} ' (l\llaeh acldllloul llheet1 Ir~) 11. IJlrect Cliupa: 0 22. IINllrect Charpr. 0 u. ·~ I A .. ._._.,•1.-.lll.,....._.IN -.. ·=.r.:.-:-: .. , .. . .. . . ------· -~------.... I I ( . -• -1 ~---·---.J r, 0 --- - • • • • ·, • ,, &EPA The ~ ~ c:anifia ta di• bat af ia lcnowiedQ,e and belief dlar it and ia 111i.ld.-. !al Ate nar 111-.11tV dllDalTed. ...,.lded. Dlaaaad far dlaamlal1. declsad ineligible. ar vablmilv ••·hted tram cavwed nnuc:ions bV anv Fedaral daoa1m111r ar agency: (bl H.,,. not wldlin a dlree vw period sncadlna this r,roomal bwl canw:md of ar had a c:ivil iudoa••r randered against diem far cammiuion af fraud or I cnminal otfanu in COIAiedan wilfl oaaiai.&g. lllllfflGliilQ ta amain, ar perfonni,iQ a IXIDlic (Federai, Saa, ar local) nawmn ar canner under a puDlic: ~: viaialian af Fedaral or Saa amnruar mmw ar ca11a1 ·a ·an ar lfflNZFI ,,.,I. Ulett. faraar'V, bribery, tullr:a1ion or deluuc:ion at rac:craa. meldna 1--1L818iiNffla, ar racai¥inG IUlien c,rapeny; lcl A1'9 not aruemly indic::ad for or ottlerwiie c:riminallv ar civilly dlar;ed DV a gow,1.mMt lfflilV (l'ederai. Srau. or locall widl c:ommiaion af anv af Ute offanw ll'IUffl8mad in ~ 1111bl at dlia caniftc:ation; and ldl Have net wilhin a ~ period i:ncadinG this aciplc Iii 1 .;'pi ac,aa had ane ar men pubic tranuc::iona (Federal. Scam. or loc:all mrminama far c:auu ar defautt. I understand tnat a tali• scacanem: on :nil car.iflcaaon mav be grounm far raiacDan af 1tli8 ~ or tarmmatJOn af :ne award. In addition. under l 8 USC Sec. t 001, I faN SUllionent may ,-,It in I fine af uo ta St0.000 or imc,nsonment for UD to 5 vess. or bod'I • 0 I am unaale tc c:artifV to die acove scaumenu. My llllllanmion ia atadted . • .. • • 0 ]- ] • 10. wm comply . if 311111ic:mle. wim flood imur.mca parca.,e requum of Sec:icm 102(a) ai die Flood Disamr Ptuia::iml Ac of 1rn (P .L. 93- 234) wtlidl reqairm ,ecipima in a special f1ood bamd area ID paacipa iD die prupllll am ID pmdlase t1ood immm if die mi am of imm:ibie CDllmUCCOll aad acqnisitiml is Sl0.000 ar mom. 11. wm comply widl mvirumDlmai smmards wllidl ~ ~ pnscribed ~ ID die~ (a) DIIDDDm of CYUC I !lffl'lf qmlily c:amal IIIIIIIIR:S lmderma Na:imlal &vii@ ual Policy Al:: ai 1969 (P .L. 91-190) aad E:m:miYe Order (:EO) 11.S 14; (b) IX.'riffc:n:ioa ai violaliar facilmes paamaE ID EO 11738; (c) pxUIK1:iaa of wedaDds paamaE ID EO 11990; (d) ewama:ima of f1ood 1111:ads ill &wtpimn ill accmdm wil:ll EO 11911; <•> --... of projec: . "J wil:ll die appm,,ed Sea ii J TWP plUl!D -... cmdar die COllll1 Zam Mm•pmem Al::. ai 1972 (16 u.s.c. H 1451 c seq.); (f) OMii IILil} offedenl aciom ID Sia (Car Air) lmpitem ·oa P!am lillder Sec:io1l l76(c) ai die c.r Air Ac of 19S5, as IIDllilded (42 u.s.c. I 7401 c seq.); (&) promc:ioll of uadeqruaD:l samces of driaiaDi,,... 1Dlder me Sm Driai:iels War Ac of 1974, as amended (P .L. 93-523); -(la) prucacion of mdaapnd species 1mder die Fndeapnd Species As:t of 197j, as aeewaded, (P .L. 93-205). 12. ~ comply wil:ll die Wild mi Samic Rr,m Act ar 1961 (16 U.S.C . If 1271 C seq.) nlfaead ID prumc:inc compoaems or pommial cumpomms of dee aaaaai wild mi samil: mm symm. . Ci ty of Englewood, Colorado '· • "' - • • 13. wm mm me awmm11 apillC'/ m asearmr c:meepliaeent wil:ll Secioll 106 of die Nlliaml memric Pm.a .:ma. Act of 1966. as aemadad (16 U.S.C. 4'70), EO 11'93 (!Aeui& w· , aeed (K 'ii I of billmic ptapmiel). ai die Ai beMp:al ai HJllmic Prwtaiw Al:: of 1974 (16 U.S.C. 469a-l C seq.). 14. wm c:aaep1y will! P .L. 93-341 .WJWdbaa d!e p: • rj of lmmm sabjem iDolftd ia .-.ca. .tit I llpffllP ai relamci IC'fflDII sappcamd: llf TmS awadof . • LS. WD1 camply wida im uh ao&"J Allimll Walfam Aa. of 1966 (P.L. 8-544, a • I t, 7 O.S.C. 2131 C seq.) panaiaiDI ID Im Clr9, bntJfnl. 111d IIM I al ftml biaodad aeimela 1111d llr meam:11. IWmillo or adller ai:milill Pf\41 wmd by dlil &Wild of . , .... 16. wm camp1:y flll die x nr1 a..: ,,_ Pailauiac PtaNJia Al:: cc o.s.c. H 4801 • 1111-> wtlicll pmeibia dla -al Jal bllld paiat ia Wca:iw or .,,,.linrim al ........ 111:WW. 17. Will cam ID be p-fill owd im .....-8aa:ial . ai 4el!e e adlD ia wda&w widl • Siqle Aadit Al:: ai 1914. 11. WD1 c:aaeply widl all 1ppficahle Nqilia I of all adller Fedml laws. wcmite Oldla. reptlrinm -paiidll .,wmiaa dlil pmJmD. Oous Clark, City Mana er .. • • 0 ]- - • • . .. • Cfflific:u:ion for Comrac:s, Grams, Loam, and Cooperative Ag!eem=m The undeniped cmiftes. ID die bes ai bis or bllr lmowfmle aad belief. mac ,,_ 1. No Fedml apptupriamd ftmds have been paid or will be paid. by or oa behalf of die andmiped. ID my peaon for in:ffuenciq or Mlempdq ID influmc:: an offic:r or empJo,ee of my apacy, a Member af Caqmss. an officer or~ of Coapm, or an empJa,ee of a Member of Coqress in ca+aWlioa widl die awudiq of my Fedml mamct, die makinc of my Fedml par. die --of my Fedm1 loan, me 11111m11 mm al my a,ape1uive apmmm. 111d die aE1a1Sm s 1:1e1iF101ri«. reaewa1. amen mes or modi&:mon of my Fedm1 romnc:, pam. loin. or coopmlive apeemmL 2. If my ftmds odle:r tban Fedmi apprcpriamd ftmds have been paid or will be paid _ID my pmon for infbllffl'inl or am:npcinc ID inf11e-: an offic:r' or empJoyee of my qency, a Member of Coa,ress. an offic::r or empjoyee of Coapess. or an e:npJo,- of a Member of Coapms in amnec:::ion widl mis Federal c:onmct, pam. loaD. or coopmave a,ieemeni. die •mde:::sip,ct sball camp• aad sabaul ~ Form- LLL. •Disclosure Form ID Report Lobbyins, • in accordanc: widl ilS iDsauc:icas. 3. The •mdmip,d shall require dm me lanpap of tbis c:eu:iik:aioa be irrluded in die award documems for all subawuds at all tics (incbJdin1 Sllbc:onmes. sat,crma, am· com under pana. loins. and coopmrive apmmems) and dm all mbrec:picms sball certify and disclose accordiqiy. tbis c:enificalioll is a lllllllria1 repn:se •mioa of fact 1lpOll wbich nmance was placed wlel tbis mnncrio'l was made or =mm imD. Submjsmn of dlis cen:ificuioa is a prerequisile for mai:ia, or emerin1 into tbis avsacrioa impom by Sec:iaa 13S2, Tide 31, U.S . Code. Ally person who fails to file me required c:en:ific:mon sball . ID a civil pemJty of aot less than Sl0.000 and not more man Sl00,000 '.lll.l...'-r- . , .. • • 0 - Date July 7, 1997 INITIATED BY Utilities Depa,tment • • COUNCIL COMMUNICATION Agenda Item 10 a vi Subject City Ditch License Agreement with US West Communications STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL MD PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their June 10, 1997 meeting, recommended Council approval by Ordinance of the License Agreement with U.S. West Communications, Inc. for crossing the City Ditch with a telecommunication cable in conduit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for U.S. West Communicationa, Inc. to install a talecornmunicat cable in conduit under and along the City's right-of-way for the City Ditch. The cable crossing is to be installed in underground conduit and at a depth and horizontal separation to maintain durance from the City Ditch pipe, as required by the Utilities Depattment. The cable Installation aoasing is proposed at a section of the City Ditch located at Prince and Ridge Road, southwest of the interlection, in the northwest comer of the adjacent park. The LicenSN expressly assumes full and strict liability for any and al damages of every nan to person or property caused by the point or points where the LicenSN pe,fonns any work in connec:tion with the crossing provided by the LicenSN. The City reserves the right to rnaka ful uu of the property necessary in the operation of the City Ditch. The City retains all rights to operate, maintain, instaU, repair, remove or relocated any of its' facilities located within the City's right-of-way. FINANCIAL IMPACT None. UST OF ATTACHMENTS Bill for Ordinanc:a License Agreement belWNn the City of Englewood and U.S. West Communications, Inc. . ' ... • • 0 , -• • t• • ' lb'-Jt ORDINANCE NO . SERIES OF 1997 BY AUTHORITY ABILLPOR COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 install 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'Olllling 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 CJ'Oll8ing is proposed at a section of the City Ditch located at Prince and Ridge Road, BOUthwest of the intersection, in the northeast comer of the acijacent park; and WHEREAS, U .S. West U11umes full and strict liability for any and all damages of every nature to persons or property caused by or in connection with the CJ'Olllling installation by U . S. West; and WHEREAS, the City reserves the right to make full uae of the property in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, imtall, repair, remove or relocate any of the City's facilities located within the City's Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the Licenae Agreement at their June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 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 "Emibit A,• is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and puaed on first reading on the 7th day of July, 1997. • 1- .... • . Vi"I .. • • 0 , - - ., • • • i. • ., <. Published as a Bill for an Ordinance on the 10th day of July, 1997. Tbomu J. Bums, Mayor ATTEST: Loucriabia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk r4 the City r4 Englewood. Colorado, hereby certify that the above and foregoing ill a tne copy oC a Bill for an OrdinaDm, introduced, read in full, and paued on tint readinl on the 7th day of July, 1997. Loucriabia A. Ellis -2- . . ,- < • • 0 '--~ I • • - LICENSE AGREEMENT f?/w----- L, n-f..ET1JA/ ~Z.Z.Kf#98 mIS AGREEMENT, made and entered into as of the day of , 19-.---~ .-b-y-and--,,-..be....,..tween the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as •city• and U S 111ST Ca1111unic&tiona, Inc. ---, hereinafter referred to as •Licensee," WITNESSE'l'H: The City without any warranty of its title or inter .. t whatsoever, hereby authorizes Licensee, its successor, aaaic;rna, to install a telecc:aiamic&ti"on cable under th• City•• rights-of-way for the city Ditch, described as a parcel of land situated in the Soutneaat Quarter of Section 20 , Township 5 SoUtn Range oo •eaT. --o-=f_,.th,,_.•--""&tn"'"------ P.M., county of Arapahoe, State of Colorado and lying within the following d .. cribed lines: See Exhibit attached hereto and made .. --part hereof by this refennce:--· -- The above-d .. cr~ parcel contain• ~•I.I "'1J-JJ,/ /di I '.t 251 aquan f'eet, aore or leaa. 1. Any construction cont .. plated or perforaed under this License shall comply with and conform to standard• formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licena .. shall notify the City's Director of Utilities at least thr .. (3) days prior to the ti .. of c01111anc .. ant of the construction of, or any repairs ude to, Licensee'• iaproveaents so that the city aay, In Its discretion, Inspect such operations. 3. Within thirty (30) days froa the date of the co ... nceaent of construction of said • X H I • I T A •· • 0 , -• • • telecommunication cable the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utiliti•, referring to th• 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 centerl--i ne markers and the clearing and restoration of the crossing area is not completed within the time specified, the City aay complete the work at the sole expense of the I.icens-. 4. The City shall have the right to aaintain, 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 ti .. and in such aanner as the ~ity deems nec-sary or convenient. The City reserv-th• exclusive right to control all easeaents and installations. In the event the telecr-r·~~iop ~0 should interfere with any future use o ~ City's rights-of-way by th• City, the Licensee shall, upon request and at its sole expen .. , relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the telecC11111Unication cable or other appurtenant installation thereof, shall be aade at the sole expense of th• 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 privileges granted in this License shall be subject to prior agree .. nts, licenses and/or grants, recorded or unrecorded, and it shall be the I.icensee•s sole responsibililty to determine th• existence of said dOCU11ents or conflicting uses or installations. a. 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. Licen .. • shall assume all risks incident to the po .. ible presenca of such vatera, 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 taaped to the original ground line in layers not to exceed six (6) inches loose ... aura to a coapaction of ninety per cent (901) Standard Proctor Naxiaua Density. • .. •· • 0 , ') - ]- • • ,.. • C. . • ' '· 10. Licen ... , by acceptance of thi• licen••, expr•••lY ... uaea full and •trict liability for any and all damage• of every nature to peraon or property cauaed by water from the ditch leaking through the ditch banka or pipeline at the point or point• where the Licenaee perforll8 any work in connection with the croaaing provided by thia licen••· Th• Licensee aa•uae• all reaponaibility for .. intenanc• of the inatallation. 11. Licena-ahall indeanify and Ave baral-• th• City, ita officer• aand .. ploye .. , again•t any and all claim•, daaaq .. , actiona or cauaea of action and expen•-to which it or they aav be aubjectad by reaaon of aaid iaptoveunta bung within and acrou incl unclir the premia-of the City or by reaaon of any vork done or oaiuion aad• by Licenaee, ita aqenta or aiploy ... , in connection with th• coutruction, replaceaent, .. intenance or repair of aaid inatallation. 12. It i• expr-•ly agreed that in ca•• of Lic•n•••'• breach of any of the within proaia .. , the City .. y, at ita option, have •pacific perforaance thereof, or aue for damage• reaulting froa auch breach. 13. Upon abandonaent of any right or privilege herein granted, the right of Licenaee to that extent shall terminate, but ita obligation to indemnify and aave baral ... the City, ita officers and eaploy ... , shall not terminate in any event. In granting the above authorization, the City ruerves th• right to aak• full uae of the property involved•• aay be n•c-•ary or convenient in the operation of the water worka plant and aysta under the control of the City. IN WITNESS WIIEREOP, thia inatruaent baa been executed a• of the day and year first above written. ATTEST: CITY OP INGLl!IIOOO, City Clerk Mayor APPROVED AS TO P'ORII: LICAGN6 -----. a,~ • , • • 0 l I -• • <. .s£ 1 / 4 SECTION 20. f\..)WN:::>nlt-:i ~vu Ir,, f\l"\1 .. , .. n .... '-''-' ,,.._._. ----ARAPAHOE COUNTY ----' i 1 i I • I PAlHCS !ST ... f , .. i ca. 1 _,STAT!! ::, • I -Jf I i! ! BLK 2 1i7-,-----;::::- .., I r..-t C8Dall l»t. I I I I I .... ,3 -r------ 1 q4) ENGLEWOOD CITY DITCH • Cer Sec 21D r1/~--. C. ......... ....,...,. ,u 21314• PROF.ltf NO SC CITY OF ENGLEWOOD . . . , I "' ... • • 0 r ~ I - s • • · ... • .. 4 SECTION 20, TOWNSHIP 5 SOUTH, ANGE 68 WEST 6th P M ----ARAPAHOE COUNTY ---- A LICENSE TO BE GRANlED TO CONS1RUCT, ~ATE. IIAJNTAJN, REPAIR NI) R£PlACE l'ELEOIMIUCAnCJIS LINES NIIJ/OR EQJIPIIENT CMR MD ACROSS 1HE 8IGLE1IDQD CITY DI10t SI1UA1ED IN THE SClJTHEAST QUAR'IER rs SECTION 21. 10INSHIP 5 SCU'IH, RANGE 68 WEST Of 1l£ SIX1H PRJNCIPM. MERmIM. aul1Y rs Mll'Ma. STAlE rs COLORADO, Al.ONG THE FOLLOWING DESCRIBED CEN'IERUNE: 1l£ BASIS Of BEARING rs THIS DESCRIPTIQN 1S ...... 21"[ M.mtG M EAST LINE rs 1HE SCU1HEAST QJM1ER Of SAID SECTION 21 BE1IIEN A 3-1/4• AWIIDUt CAP IN A RANGE BOX STMIPED ·1915 PlS 2S384. AT 1HE SOU1HEAST CCJINER rs SAm SECTICJI 21 10 A l-1/4• Al.UIIJNUM CliP IN A RANGE IOX STM11£D -,113 PlS 17919• AT 1HE EAST QUARTER CORNER rs SAID SECTICJI 21. COMMENCING AT A 3-1/4• ALUMINUM CliP IN A RANGE IDX STM11£D •1915 PlS 25394• AT 1HE SCIU1HEAST CORNER rs SAID SECTION 21; 1HENCE NltM'~ A DISTANCE rs 1~61 FEET 10 A POINT <JI A SOU1HIES1ERL Y LIIE Of 1HE CITY Of ENGL£IOOO DITOt; SAm POINT BEING 1HE POINT Of IECDalDIG; 1HENCE NdWtn: A DlSTMCE rs 25.1'1 FET 10 A POINT <JI A NCR'IHEAS1EII.Y LINE Of SAD> ENCUWOOD CITY DITOt; SAID PODfT BEING 1HE PODfT rs 'IEJIIIDIIS; SAm POINT IEMS ~J'23-w A DISTANCE rs 1151.14 FEET FIDI A 3-1/4• AUIIJNUM CAP IN A RANGE BOX STAMPED .,. PlS 253114• AT 1HE SQU'IHEAST CXIIIER rs SAm SECTICJI 21. L 11£ lllJERSIGNED, A REGISlERED UNO SUIMO JN M STAlE Of CXl.lJIADO. DO HEREBY STA'IE 'IHAT lltlS DESCRIPTION MD ACCGIPANYDIG DIIIIIT IIEIIE PIIEPMED BY ME. OR UNDER IIIIY SUP£1MSIDN. MD Ml£. 1RUE #IIJ M:aJRAlE 10 1HE BEST Of IIIIY ICNOllfJ)OC r . ( •, .. • • 0 - • • • · ... • COUNCIL COMMUNICATION Date Agendaltem July 7, 1997 10 a vii STAFF SOURCE INITIATED BY Utilities Department Stewart H. Fonda, Oirectar d Utilities COUNCIL GOAL AND PREVIOUS COUNCI. ACTION None. RECOMMENDED ACTION The w.-and S--Board, at their ..... 10, 1997 meeting, recommended Cou'lcil approval d a Bill far an Ordinance approving Sou1t1Q1111 Supplement #132. BACKGROUND, ANAL YIIS, AND AL TERNATIVD IDENTFED A r9qUNt w made by ttw Soulhgale S.lilaliar1 Dillric:t 1wp1111ntiig 1w owne1tdew1laps, Roa Rabbinl, far inclulian iwo ttw ScMhglla S.illllion Dillrict. Suppllrnll It .-t32 ii for an .,.. appnmmlfaly 2.363 acrN. The zaq par Alapllhoe Coll'lly ii Single Family Residence . Residential R2.5 mnng is ttw illaldld UN d ttw paapelty. The legal is llllached a Exhibit A. The property ia lacal8d near E. BellewiN' and Holly SL in Gtw1wood Village. None . LIST OF ATTACHMENTS " .. • • 0 I - - • • ,, ORDINANCE NO. _ SERIBS OF 1997 • • ·., • BY AUTHORITY A BILL FOB \ .. I~ COIDIOIL BILL NO. • INTRODUCED BY COUNCIL IIBMBER~------ Ni.aaDINANCE APPROVING SUPPLBIIBNT NO. 182 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION or LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2.363 acree into the District; and WHEREAS, said inclusion is located near Eut Belleview and South Holly Street in Greenwood Village and the zoning of this property is single family reeidence and residential R 2 .5 zoning is the intended use 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 al Supplement No . 132 to the Southgate Sanitation District at tbe June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tjgp 1. The Agreement between the City afEn,lewood and Soutbpt.e Sanitataoa District entitled "Suppl-ent No. 132 to Conn«hlr'1 Apument", which iDcludea approximat.ely 2.363 IICr'N locat.ed DMr Eut BeUeriew and South lfoUy Street in Greenwood Village, and which is &ODed linlle family Nllidmtial and the int.mded use is reaidential R 2.5, is hereby aea,pted and apprc,ved by the ....._. City Council. A copy of Aid Asr-ent is attacbed .__ • ~ 1• md illiClllpar._ herein by reference. Sectjgn 2. Tbe Mayor and City Clerk are hereby authori&ed to lip and att.Nt, respectively, the Aid Apeement for and on behalf a( the City Council and the City al Englewood, Colorado . Introduced, read in full , and paMed on tint reading on the 7th day of July, 1997 . -1- --. , ' ... • • 0 I ]- - • • • • ·, • . ,. Publiahed u a Bill for an Ordinance on the 10th day of July, 1997. Thomas J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forepiDg ia a true copy of a Bill for an Ordinance, introduced. read iD full, and puaed on flnt readiDI on the 7th clay of July, 1997. Louc:riahia A. Ellia -2- . .. •, , ' • . ( • 0 '-I • • • .. 8UPPLIIIIDIT NO, tl3_ TO CONIISCTOR'I AGRIIIIIIDIT TBI8 MnlSIIIIDIT, made and entered into by and between the CITY or IDIOLIIWOOD, acting by and through it• duly authorized Mayor and City Clerk, hereinafter called the •city,• end ~'rm IIAIIITATIOII DISTRICT, Arapahoe and Dougla• Countiea, Colorado, hereinafter called the 0 Diatriot,• WITIIS88STB1 WBSIIIUUI, on the 20th day of June, 1961, the City and the Diatrict entered into an Agreement in which the City agreed to treat aewage originating fro,a the District's sanitary aewer ayate• within the area served by the Diatrict, which Agreement waa aoet recently renewed by Connector•• Agreement dated November lfi, 1988; and MBSRIIAS, aaid Connector'• Agreement provide• that the diatrict ... y not enlarge ita service area without the written conaent of the City; IIOW, TBSRSl'Ollll, in conaideration of the autual covanante and undertaking• herein aet forth, the partiea agree•• followe: 1 . The City hereby coneente to the incluaion of certain additional area located in Arapahoe County, Colorado, owned by Ro•• s . Robbin•, and more fully deecribed on Bxhlblt A attached hereto and incorporated herein by reference, into Southgate Sanitation District . The City agrees that eaid additional area may be served with the sewer facilitie• of the District, and that the City will treat the aewage diecharged into the city' a trunk line from 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 November 16, 1988, ie hereby ..anded to include euch additional area . .I. heh and every other provieion of the Nid Connector'• Agre ... nt dated Noveaber 16, 1911, eball r ... ia unchanged . DI lllfllUII -.or. the partiee have -t their baada aad -•le thia __ day of • u_ ATTUT, cm c:tiii (SEAL) (SUL) MI\IIIH .H\UJIN ,1 ' Clff OI' -..oaD IOOTIIGATII &UllTATIC* DllftJ:CT, ~&IIOS AIID DOUIILA8 c:amff%a, 4~£,:. E X H I B I T 1 "' - ... . , •, • • 0 , --I I • • • <. EXHIBIT A LEGAL PESCBIPIION A PORTION OF TRACTS 9 AND 10 CLARK 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 BEl~G 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 BETWEEN ASSUMED TO BEARS 00"07'45" E. COMMENCING AT THE NORTH ONE-QUARTER OF SAID SECTION 7 THENCE S00"07'45"E ALONG THE EAST LINE OF SAID 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. 2. 3. S89"38'08"W A DISTANCE OF 345.11 FEET; N00"07'45"W A DISTANCE OF 290.94 FEET; N87"59'45"E A DISTANCE OF 342.89 FEET TO A POINT ON THE WESTERLY LINE OF SAID MONACO STREET; • THENCE ALONG SAID 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. soo•o7•45·E A DISTANCE OF 153.22 FEET; THENCE S89"38'08"W A DISTANCE OF 5.00 FEET; THENCE soo·21·52·e A DISTANCE OF 15 .01 FEET TO THE POINT OF BEGINNING, CONTAINING 2 .363 ACRES . •, • • 0 ]- - • • • ·~ • (. CHECKLIST SANITATION DISTRICT INCLUSIONS CUrrent ground use: Single family residence Proposed ground use: Single family residence Existing zoning: R2.5 Proposed zoning: No change Acreage: 2.363 acres Gravity sewer: Yea current own.era: Rosas. Robbins Number of units : one Map: See attached AU\UHD . o, .• ,1111n .1 •, .. • • 0 , • • I' - 0 I • • --·-·r-· ~ '. · .. l4j. I ---...... \ -~ i ' \ \ ~ -----·--... --\ ·-......:__-· --1--- CENVER i · • • ..... , tr. • -= i u r, I - - • II - • . • ' COUNCIL COMMUNICATION Date Agenda Item Subject July 7 , 1997 10 a viii ~ Supplement #133 a INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their June 10, 1997 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #133. BACKGROUND, ANAL YS1S. AND ALTERNATIVES 1DEN1FED A request was made by the Southgate Sanitation District repr9W1ting the owner/deYelaper, Joseph and Jane Savage, for inclusion into the SOUlhgala Sanitation District Supplement #133 i1 for an area approximately 0. 785 acres. The zoning per Arapahoe Ccu,ty is Single Family Residence . Residential R2.S zoning is the intended use m the property . The legal is attached as Exhibit A The property i1 located near S. Monaco and E. Powers Ave . in Greenwood Village. FINANCIAL IMPACT None . UST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation Di1trid Supplement #133 ------' • . .. • • 0 I - ORDINANCE NO. _ SERIES OF 1997 • • t• . • ' BY AUTHORITY A BILL FOB 00tJNCIL BILL NO. 80 INTRODUCED BY COUNCIL IODIBER_~~~~~- 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 Diatrict rec:ommende the inclusion of approximately 0 .785 acres into the Diatrict; and WHEREAS, nid inclusion is located near South Monaco and Eut Powers Avenue in Greenwood Village and the zoning of this property is aingle family residence and residential R 2.5 zoning is the intended use of the property; and WHEREAS, said anneution of this additional pan:el of land will not increase the tap allocation to the Southgate Sanitation Diatrict; and WHEREAS, the Englewood Waw and S-.. Board _.ended approval of Supplement No . 133 to the Southpte Senttatim Diatrict at the June 10, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY nm CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: S@Gtigp 1. The Agreement betWWl the City of Baalewood and Southpte Sanitation District entitled "Supplemmt No. 133 to Cmnec:tm'a Aar-t9, wbic:b incluclea approximately 0 . 785 acres located near South IIGnaco and Eut Powen Avmue in Greenwood Villap, and which is IODed lliqle family naidential and the intended uae is reaidential R 2.5, is hereby accepted and alJlll'Oftd by the Enclewood City Council. A copy of said Alr-ent is attadied hereto • "hbibit 1 • and incmporated herein by reference. S@Gtigp 2 . The Mayor and City C!erk are hereby authorised to aip and atteat, respectively, the nid Apeement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full , and paued on fint reading on the 7th day of July, 1997. -1- " -. . ' - .. • • 0 I ]- - • • ·, • Publiahed as a Bill for an Ordinance OD the 10th day of July, 1997. Thomas J. Buma, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A Ellill, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed OD first readiq Oil the 7th day of July, 1997. Low:riabia A E1lia -2- . ' • . .. • • 0 , ........ I. • • • <. 81Jl'PLDISNT NO.~ TO CONIISCTOR'8 AORaSIISHT TRIS AORallNIDIT, made and e n t ered into by and between the CITY OP SNOLDfOOD , acting by and through its duly authorized Mayor and City Clerk, hereinafter calleu t he •city,• and IQUTIIOATS SANITATION DISTRICT, Arapahoe and Douglaa Counties, Colorado, hereinafter called the 0 Diatrict,• IIITIIUSSTR• IIIISIISAS, on the 20th day of June, 1961, the City and the Diatrict entered i.nto an Agree-nt in which the City agreed to treat aewage originating frOlll the District'• aanitary aewer ayate• within the area aerved by the Diatrict, which Agree-nt waa aoat recently renewed by Connector•• Agreeaent dated November 16, 19881 and ....-.&, aaid Connector '• Agreeaent provide• that the diatrict .. y not enlarge ita aervice area without the written conaent of the City1 1111111, TIIIIRSl'ORa, in conaideretion of the mutual covenant• and undertakings harein aet forth, the parties agree•• followa : 1 . The City hereby conaenta to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by Joaeph J. Savage, and Jane M. Savage end acre fully deacribed on B:ghjbjt: A attached hereto and incorporated herein by reference, into Southgate Sanitation Diatrict . The City agree• that aaid additional area .. y be aerved wi th the ••-r facilitiea of the Diatrict, and that the City will treat the aewaga diacharged into the city'• trunk .line froa aaid additional area, all in accordance with the Connector'• Agreeaent dated November 16, 1988. Accordingly, Sxhibit A referred to in Paragraph 1 of the Connector'• Agree-.int dated lloveaber 16, 1988, is hereby a .. nded to include auch additional area . 2 . Kach and every othar proviaion of the aaid Connector'• Agra ... nt dated Novaabar 16, 1988, ahall ra .. in unchanged . Ill WI'l'IISSS ....-OP, the partiea have eat their hand• and •••l• thi• day of , 19~ ATl'BST : CITY CLDlt (SEAi,) (&&Al,) SOUTNt.TS 8Un'ATIC* DHftlCT, ua.aaoa UID DOUGLAS CCICaff%U, ~~~ .... , ..,,,1 ... n ,, ..... , ---------· E X H I B I T l ... . ' '· • • 0 f ___ I ]- - Lot 3, Block 5, Harbold Acres, • • • <. EXHIBIT A County of Arapahoe, State of Colorado containing 0.785 acres more or les• AIIII\IUH .H\lHUJ . l •, , . .. • ., • , 'I • 0 I ]- J • • • .. • ' CHECKLIST SANITATION DISTRICT INCLUSIONS current ground uae: Single family reaidence Propoaed ·ground uae: Single f-ily reaidence Bxiating zoning: R2.S eropoaed zoning: No change Acreage: .785 acres Gravity sewer: Yes ... current owners: Joseph J. Savage. and Jane M. Savage Number of units: one Map: See attached ua\lUIO . It . 1\111121 . 1 " -. ' .. ' • . . .. • • 0 ; , I .J O .:u ~' --COLONY NO - • • • • L O N G V E -- 0 N ! ._,.,.. -JOHNSGAT -• --... 0 z: - &-·-· . ..., .. a ill ZS •T .. ., ... _:_ • . - .. • • 0 ]- ]~ • July 7, 1997 NTIATEDBY Utilities Oepar1ment • . " • <. COUNCIL COMIIUNICATION Subject Southgate Supplement #133 STAFF SOURCE Stwwart H. Fonda, Director of Utiliti• COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION • The Water and Sewer Board, at their Juw 10, 1997 rnNting, recammended Coln:il approval of a Bill for an Ordinance approving Soulhgat9 Suppllrw1t #133. BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTFED A request was made by the Southgate Sanitation Diltric:t ,-p 111nti11g the ownatdealaper, Joseph and Jane Savage, for inclusion inlD the Souhgae Sanillllion Oillricl Supplamllt #133 is for an .. approximal9ly 0. 785 aa.. The za*1g per Arapahoe CCU1ly is Single Family Residence . Residential R2.5 zoning is the irlllnded UN r1 the property. The legal is allached as Exhibit A The property is localed near S. Monaco and E. POWllrl Ave. in Greenwood Village. FINANCIAL •PACT None . UST OF ATTACHMENTS Bill for Ordi • a Southgate Sanatiol, Oiatric:t Suppaernn #133 ------l . ' , . .. • • 0 - ]-- • • • • (. COUNCIL COMMUNICATION Date Agenda Item July 7, 1997 10 a ix Subject City Dilch Licanse Agreement with Brian Greenley INITIATED BY Utilities Depa,1ment STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their June 10, 1997 meeting, recommended Council approval by Ordinance of the License Agreement with Brian Gntenley of Maaco, Inc., 8085 Blakelm1d Drive , Littleton, for crossing the City Dilch with a 3' concrete pan. BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED The License Agreement is for Brian Greenley 1D install a 3' wide conaete pan over the City's right4- way for the City Dilch . The cana•te pan is 1D be installed in over the City Dilch and wil maintain proper clearance across the City Dilch pipe, U reqund by the Utilities Depar1rnent. The COIICl9te pan crossing is proposed at a section of the City Oilch located south of C-470 and appaaximally 500 yards west of Santa Fe , adjacent 1D Prince Straet Estates. The Licensee expressly assumes fuU and strict liability for any and al damages of every nalUr'9 1D person or property caused by the point or points where the UcansN perfonns any work in eo11iectiol'I wilh the crouing provided by the Licensee. The City reserves the right 1D maka ful use of the property necessary in the operation of the City Dilch . The City l'9tains al rights 1D opera, maintain, install, repair, remove or relocated any of its' facilities located within the City's right4-way. FINANCIAL IMPACT None . UST OF ATTACHMENTS Bill for Ordinance License Agrwnent between the City of Englewood and Brian GrNllley, for Mw:o, Inc. Communications, Inc. ~~---....... . ' .. • • 0 I - - ORDINANCE NO. _ SERIES OF 1997 • • • ' BY AUTHORITY ABILLPOll COUNCIL BILL NO. 81 INTRODUCED BY COUNCIL .IIBIIBBR~~~~~- AM OBDDfANCB Atn'BOIIZING A UCBNBB AGRBBMBNT GUSNLEY BNTERPRISES, INC . (MAACO AUTO PAINTING AND BODYWORK'S) AND TBS CftT OP BNOLBWOOD, COLORADO POil A 3' WIDE OONCBBTB PAN CROSSING OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH. WHEREAS, a request wu made by the Greenley Enterpriaes, Inc. (Maaco Auto Painting and Body Work's) for a Licenae Agreement to install a 3' wide concrete pan crouing over the City 's Right-of-Way for the City Dit.ch; and WHEREAS, the 3' wide concrete pan ia propoaed to be installed over the City's Right-of-Way for the City Ditch located South ofC-470 and apprmimately 500 yards West of South Santa Fe, acljacent to Prince Street Estates; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the License Agreement at their meeting cm June 10, 1997; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5oc;tigp 1. The "Liceme Agreement • with Greenley Enterpriaes, Inc. (Maaco Auto Painting and Body Work'1) ia hereby accept.ed and approved by the Enciewood City Council. The Mayor ia authoriad to ....ate md tbe City Clerk to attat md ...i the Agreement for and on bebalf m the City m Enpewood. Colorado. Sectier 2. The Licenae Acr-ent ia attamed hereto u "Bmibit 1·. Introduced, read in full, and paaed on Int readiac on the 7th day m July, 1997. Publiabed u a Bill for an Ordinance on tbe 10th day m July, 1997. Tbomu J. Burm, Mayor ATTEST : Loucrilhia A. Ellia, City Clerk -1- ----~- ,_ -. , ' • .. • • 0 l -• ]-- • • • ·~ • <. I, Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and paued oo tint reading oo the 7th day of July, 1997. Loucriahia A. Ellia -2- ' . .. • , ', • 0 • -• • .. - LICDSZ 14PIWFPNi W?ftUSftll: 'Ille City vit:haat any warranty of ita title or interut Vbataoe,,.-, baraby a1.1~riz•• Lie.nae•, it• aucceaaor, ... 19119, to inatall a~ J ~ w,~g . ~£.Tt. ['!!,J over the City•• Biiits-oi-vay~tbeclty Ditch, ducribed as a parcel of land situacad in th• Nee;t:uf A;S:C (&c. G;.;@filot Section to , Township _......,,....,,~'4---...... ._,.-,--- Ranqe a ~ oi the u,tif P.11., COW\ty ofAraja&ie, State of COlorado and lying within the follovinq ducril,ed line•: flle above-dacri1*1 ,-..i cantaiM p. 0//, I (10-z. SF) acrn. aor• or 1 .... 1. Any conatruction amataplated or parfonad under thie Licenaa aball CGIIPlY vit:la aDd caataca to atandard• tozaalated ~ the Dinotor of fti.Ud• of the City and such conatrw:ti.on aball be pert...S ad oaapleted accordi119 to tha plana, conaistiDIJ of aae ...c, a copy of Vbicb is attached hereto and .... a part IMceof. 2. flle LicenNe aball ~ity tbe City•• Direetor of utiliti.• at leaat tbree (3) daJ• ,riar to the tiaa of ~t: of the conatr,action of, or any repairs ude to, Licenaee'• ~ "3 1 w,1>t. ~a: n:,J ao that ii •Y, Ii [ta atacredon, ""lni-~---.--u-ci...-~oper~ ationa. 3. v1•1n thirty (30) dap fraa t:be data of the ~t of c:oaat:r,aotion of AJ.4 X H I B I T l • . .. •· , • 0 • 0 • 3 1 (,.) l'b '2. Co.>cl2-£...::n:. ?1\-,J the Licensee •hall c:oapleta audi construction, place and aaintain per11anent, visible aarkers, of a type and at such locations •• desiC)l\ated by the city'• Director at utilities, referring to th• centerline of th• installation and llhall clear the croasing area at all conatruction dabria and restore the area to its previoua condition•• near aa aay be reasonable. In the event the placi.ncJ ot th• cantarlina -rkers and the clearing and restoration ot the croaainq ar .. is not coapleted within th• time specified, th• City aay complete th• work at th• aole expanse of the Licensee. 4. The City shall bave tha right to uint:ain, install, repair, remove or relocate tile City Ditcb or any other at its facililti .. or inatallationa within th• City's righta- of-vay, at any tiJN and in auch .. nner a• the City deems nec•••ary or convenient. 'l'h• City reaarvea the exclusive right to control all e.....nta and ~tallationa. In the avant the :.' t.q(bf ~~~-should intartera with any future use ol City's rqhia-ot-vay by the City, th• Licensee shall, upon request and at its sole expanse, relocate, rearrange, or re110ve it• installations so•• not to interfere with any nch UH. 5. Any repair or repla~ ot any City inatallation 11ada nec•••ary, in the opinion ot the City•• Director of Utilities becauae of the cons ion of the '3' ...,,'b or other appurtenant natal a on thereof, at th• sole •xpena• of the Licena-. , • Ttl• stipulation and c:onditiou of tbi• Lic:enaa shall be incorporated into c:ontract epecificationa if the conatruction her•in authorized i• to be dOna a contract basis. 7. '!'be ri9bts and privil..-,ranted in tbia Licanae shall be sUbject to prior &IJZ'MMIIU, licua• U/11/or grant&, recorded or unrecorded, and it shall be tba Licenaee•s sole ruponsibililty to detezai.M tba ex1atence of .. id doc:uaants or conflictiDIJ uses or inatallatiou. I. 'l'he Licens .. aball contact and hlly cooperate v1th the City•• personnel and the c:onatruction sball be coaplated without interference vitb any lawful, \ISU&l or ordinary tlov of wacer tbrOUVb the City Ditcb. Licensae shall assuaa all riska incident to the pos•ilal.e pruanca. of •ucb vatars, or of atora waters, or of surfaca waters in th• City Dicch. t. All trenc:b-or bolu vitbin the City'• ri9hts-of-way shall be backfil.lad and t&llp8ll to tbe ori9inal c,round line in layer• not to ucaed aix (6) inches loo .... asure to a coapaction of ninety per cent (90%) Standard Proctor N&xia\lll -Density. - •. •· • 0 ' - ]- • • • •, • 10. Licena••, by ac:captamca of thia Ucenaa, expressly asauaaa full and •trice liability tor any and all daaa9•• ot every natur• to person or property c:auad by vatar fro• the ditch leaJd.JMJ throQCJb tba ditch bub or pipeline at th• point or pointa vbare the Licenaea pertoraa any work in connec:t:ion with t:ba c:rouinq pravidecl by this license. The Licanaea usuaaa all rasponaibility for uintananc• ot th• installation. 11. Lic:wea .aaau. ind-tty and aw 11an11 ... th• city, ita oftic:ers aand .apl~, ... iut any and all claias, daaaCJaa, actlona or ca.... of ac:eian end expense• to which it or ~ -y ba --~.!?t, ~1ot uicl beinq ;;u;lln 'fal.:aarw~..a.-'1ii die clty or by r ... on ot any work done or aiNion _.. by Licensee, its a9anta or aaploy ... , in c:aanectioa vitb the construction, replacwnt, aaintenanc:e or repair of said installation. 12. Xt is ezpr ... ly ~ tbat in caaa of License••• breach of any of tba within pralliaea, tile City .. y, at its option, bava apecitic partanaanca thereof, or s,ae for daaagea resulti119 fraa aucll breacb. 13. upon abandonaent of any ript or privileq• herein qrantad, th• ril)bt of LicenHe to that extent shall tanainate, bat its obliption to lndaaify and aave haraless tba City, its officers and -.ploy ... , aball not tarainata in any avant. · In qrantinf tu alNrw aatboriaatlaa, ta. City ruervu th• ript to aaka full w of tM ~ im,olvecl as aay ba neceaury or c:onvuiaat in the operatiaa of the water works plant and aystaa ~ tba control of t:ba City. DI •lflm •nfilW, tll1a ihet& n & bu been executed as of thAI clay and yaar flrat aboW vrittan. APl'llO'nD: itmfonL Director of ftilitlu . ' • • 0 - J-- • • ,... • • '· EXHJBITA 3' CONCRETE PAN CROSSING LOCATION A 3• WIDI! <D«:RE11! PAN LOCA11!D c»f 11E HCmB SIDB O,IDr JA. BLAla!LAND INDUSTRIAL PAlllC. 'i'° AMENDMmff. LOCA11!D IN SBC'l'Df 6, TOWNSHIP 6 SOU'IH. RAN<E 61 WEST 01 TIE 6111 P .M.. arY 0, U'l'ILB'IOf. <DJNl'Y 0, DOUOLAS, STATE OF <X1.CJaAD0. BEING MmE PARTICULMLY DSSCIWD AS PCXJ.OIWS: ~ AT TIE Namll!AST CXJINERO,SAIDSBC'l'Df 6; 11tENCE S 01924''6" W ALONO TIE !AST LINE CY 11E NCm1EAST a&Q(Wm!a 0, SAID SliCl'ION 6, 1357.77 Fl!l!T TO 1111! NOlfflfEAST calNlll 0, lDf 38, Ill.ADJ HID INDUS'l'IUAL PARK, 'i'° AMENDMENT; 11IENCI! S 5r41'01• W, 17'.JI PEl!T ALONG11E NCanl PltCPEllTY LINE OF SAID LOI' 38; 11IENCI! S n-,,'01• W, lll.00 PEET; 1111NCB S IM!'Ol"W. 121.00 PEET; 11IENCI! N 77"02''9" w, 112.40 FeET; 11l!NCE N WJt•,r w. as.oo PEET; 11ENCE N 60"06.'9" W, 11.20 PEET TO 11E *-l1lWEST <XmEll 0, LOI' 3A. 'QI 1'91U Of IIGPPPPfC; 11IENCI! N 29953'01• E, 50.00 PEET Dl!PAKl'ING PNM 1111! NmHI' UNE OF SAID LOI' 3A; 1HENCE S 60"06•'9" E, 14.CM PEET; 11ENCI! S 29953'01• W, 50.00 PEET TO A POINJ' OF INTERSEC110l Wffli 1111! )Ul1H LINE OF SAID LOI' 3; ntENCE N 60"06.59" W Al.ONO SAID Nalnl LINE, 14.CM PEET T011E nwD'. 9' prjplNING . .. • • 0 • • • • I t p*-~L_·l •I I. ~· ··;~~ .. ·· :,,,' ..... I I ,.._, ·~· 1...-~' i ~ ~~~~~---~:..-..aif"--~~~ + I' I I I ~ > • .; , • . ,,, I· • 0 - • Cil~ =-? ~ ... < .,. ~ G I.;;! C 6 ([£ ~$0 ~~ @b '? di ~fl c:::J @£ ~ ~ @ ~ - • • • .. • --• • ---' ... • • 0 -f --I ]- • Date July 7 , 1997 INITIATED BY Election Commission • • .. COUNCIL COMMUNICATION Agenda Item 10 a X Subject Intergovernmental Agreement with Arapahoe County for Coordinated Election Services STAFF SOURCE Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood participated with Arapahoe County in conducting coordinated elections in 1993, 1994, 1995 and 1996. RECOMMENDED ACTION Approve , by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 4, 1997 Coordinated Mail Ballot Election . Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on November 4, 1997. The County has the capability of coordinating this election and including the City of Englewood . The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 1997 coordinated election, it is essential for the City of Englewood to enter into an intergovernmental agreement with Arapahoe County . Staff has reviewed the proposed intergovernmental agreement with Arapahoe County and concurs with the Commission's recommendation . FINANCIAL IMPACT Since costs are based on several variables, i.e . the number of registered electors in the City of Englewood at the time of the election, the number of ballot questions, the number of entities participating the election, the financial impact is only an estimate . Based on the known facts , the cost of the 1997 municipal election has been budgeted at $20,000.00. LIST OF ATTACHMENTS Proposed bill for an ordinance Proposed Intergovernmental Agreement for Coordinated Election (Election and TABOR Notice) ---------. . ' •· • 0 l • - - • ORDINANCE NO. _ SERIES OF 1997 • • • "'· BY AUTHORITY A BILL FOR COUNCIL Bll.L NO. 57 INTRODUCED BY COUNCIL IIBIIBER~~~~~~- 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,, 1997. 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,, 1997 election; and WHEREAS, the Colorado Constitution Article X. Section 20, require& the production of a mailed notice ("TABOR" Notice) concerning certain ballot iaeues that will be submitted to the electors of Arapahoe County and the City of Englewood; and WHEREAS, the TABOR notices of several juriadictions are to be sent 88 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 purpoeee of said constitutional section; and WHEREAS, the County and the City of Englewood desire to aet forth their respective responsibilities 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 : Sec;tign 1: The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is attached hereto 88 "Emibit l." The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) ia hereby accepted and approved by the Englewood City Council and the Mayor ia authorized to execute and the City Clerk to attest and eeal the Agreement for and on behalf of the City of Englewood. Introduced, read in full, and pasaed on fiM reading on the 7th day of July, 1997. -1- . ·-~ :' ·~ .. • • 0 I - • • • • • .. Publiahed as a Bill for an Ordinance on the 10th day of July, 1997. Thoma J . Buma, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaeed on first reading on the 7th day of July, 1997. Loucriahia A. Ellis -2- ~~---~-' I f ' . • • • 0 l . I • • •, • EXHIBIT 1 DITDOOVBDDIBNTAL .ACDDIIDl'f POR COORDDI.A.TBD m&CTZOII (Blection and TABOR lfotice) Thi• Intu511overmM1Dtal .Agr.-at 1a entered iAto by and between the Board of County C-1aaicmera of the County of .Arapahoe, State of Colorado and the .Arapaboe County Clerk and Recorder (hereinafter jointly referrecl to -the •county•), Uld the __ c_i_t __ y __ o_f_E_n __ g_l_ewo_o_d __ _ IIRBRWIS, purawmt to the 'Ollifora BlectiOD Code of 1992, - cODSOlidate electiODS in order to reduce tmipayer mq,anaea; Uld WRBRBU, the County Uld the _ _...C_i_,ty..._o_f ____ E_n_q.._l_e_wo....,;;.;o_d _____ bave deterained that it 1a in the be•t interut of the tmipayera Uld t.be elector• to ccmdw:t a Coordillated Blecticm at the llowaaber 4, 1997 electicm; and MBDDS, the llail Ballot Blecticm Act (Article 7.5 of Title 1, C.R. S. ) peZ'lli ta the uae of aail ballot• for certain electiODS; MBDBIS, Colorado Ccmatit:uticm Article lt, Secticm 20, (t.be Taxpayer'• Bill of Right• -== ct or '"DaOlt the producticm of a -.!led aotice (•TABC>a• lfotice) cODCezzai.Dg certain ballot iainea that will be aulaitted to the elector• of the County and the City of Englewood ' and . ' .. ., • • 0 • • • '· aent a• a package where juriad.icticma overlap; IIDd 'NIIBltDS, there ahould be cOUDty-wid• coord.iDatian of the productian and -iliDg of the TABOR notice package to effectuate the purpo•e• of aaid ccmatituticmal aectian; 1111d IIJIDSIB, the Ccnmty and the City of Englewood to aet forth their reapec:tive reapcmaibilitie• for the coordinated election IIDd for the productian mid -iliDg of the TABOll notice package purauant to the IntergoverDam1tal .lgr.-nt. HOW, TmSPOU, IT IS AQRJISD by the Co,mty 1111d the _......::C..,.i,..t..;iv'--""o .. f.......,E..,.n._g .. 1.ew.l">,..o,..d---u followa: 1. The Rov9aber 4, 1997, election ahall be conducted u a coordinated -11 ballot electicm in accordmace with the Ullifoaa Election Code of 1992 (Articlu 1-13 of Title 1, c.R.S.) ad naoa ~daent. The election participuata aball be required to ezecute agr....at• with Arapa!loe Comaty for thia pazpoae 1111d -y iDc:lude amicipalitie• within the Arapa!loe Colmty liaita, ac:bool d.iatrict• within the Arapahoe Ccnmty liait• ad apec:ial d.iatricta within the Arapaboe Ccnmty liaita ad the State of Colorado. 2. The lfov9aber 4, 1997, elec:ticm ahall be aoaducted by the Ccnmty with the ue of ballot carda UM! eleatram.c vote- ccnmtiDg equipamat. 3 • Tbe Arapahoe COUllty Clerk UM! a.corder i• deaigaated a• 2 . , .. • • 0 I ~• - ]--- • • • • '· the coordi.Dated election official and the City of Englewood hereby identifie• the City Clerk •de•ignated election official•. I a• it 1 8 4 • The County aball perfoza the following taaa in relatiOD. to •aid electicm, to wit: a. lfegotiate ua agre mt with Sequoia Pacific Sy•t ... Corporation for the printing of the official ballota. b. Provide a copy of all agr....mt• or ccmtracta negotiated for election au.pplie•, equipamat and/or •ervic .. to all juri•dictiona participating in the coordinated aail ballot election. c. Provide a copy of the ballot layout and the tu:t of the official ballot to the City of Englewood for proofreading before autborisaticm to begin printillg of all ballota begina. d. Certify the c~lete mmber of resri•tered elector• within the Arapahoe County porticm of the City of Englewood ~~~~~ no later t.baD October .J..~, 1997 • •. Provide aupport cm tJaa date of the electicm by telephone and in per•on, ahould the need ariae, until counting of the ballot• i• c~leted. f. Provide unofficial reaulta of the electicm OD electiOD. night by telapbaae or by facaiaile trmaaaittal upcm 3 -----.....-.. •• cl. I .. 0 • • 0 J - • • • • .. reqlle8t. g. llaintain a li•t of actual voter• frca the llov9abar 4, 1997, election, and, upm1 raqua•t, generate a printed li•t, of the par•ona wbo voted following the alacticm. '1"be coat will ba $.005 par aaaa. h. Datazaina the •1 ... t co•t• -thod for aai.lillg the TABOR notice package. llothiag herein ahall preclude the County frClll •eading the 'l'ABOJt notice or notice package to par•ODa other than elector• of the _ _,,c.,.i.,.t.,.y.....,o .. f._.E .. n..,q.,.l..,e..,wo.....,o.,.d ____ if IIUCh tranaai.ttal ari••• frClll the Comity'• effort• to mail the TABOR notice package at th• •1 ... t co•t•. i. IDcluda the __ c_i_t_.v_o_f_E_n_g._l_e_wo_o_d ____ text, a• written and in the order aul:aitted, in accordaDca with the TABOR aam:idaeat requi~t• for the '1'AIIOll notice requi.nll!9Dta for the TABOR notice. j. Stora a11 voted bal.lot• for a einiwm of 25 montha, and a11 other -taria1• required by 1-.<sec:ticm 1-7-802, C.R. s. ) , to ba nved in auc:h a -nner that thay -y ba acc-•ed by the participating juri•d.icticm, if Dee-aary. to raaol..,. uay challenge or other legal qua•tiODa that eight aria• regarding the elacticm. k. The COUDty abal.l keap a careful uacl accurate accomatizag of t1-, auppli-, printillg coata aad aalari- 4 ' ' .. • l . ' • 0 I ]- • • • (. attributable to the County'• adminiatration of the election for the juriadiction. The participating juriadictiona proportional ahare of actual coata llhall be baaed cm County expenditure• relative to the~,, 1997, electicm, iDc:lwling prorated ahare of TABOR notice. 1. board of cuwaaaera. •· Bo later than 10 daya prior to election, provide the participating juriadicticm no le•• t.baD 10 aet• of -ch •teat deck• of the juriadicticm'• ba11ot atyl•<•> to allow for teatiDg of electrcmic vote-counting equ.i:p1111Dt. n. :anforce Pair ~p Practice Act (Article ,s of Title 1, C.R.S.)a• it relate• to the :aoveaber ,, 1997 electicm. o. Provide aDd operate the Comlty' • electrcmic vote-counting equ.ipaaat. The City of £nglewood will be cbarg9d a prorated coat of $71.00 for the pre-eleoticm pr999Dtative -iDtenance cm the electrcmic vote-cOUDtillg ecauiJaaDt. s. The City of £nglewood aball perfona tbe following taaka iD relation to aaid electicm, to wits a. Proofread the layout aad the t~t of the juriadicticma porticm of the official ballot• before authorising the printing of all ballota. b. The City of £nglewood i• to pab1iala &11 5 . ' .. , • • 0 I I -• r • . ' • required legal notice• for the juriadicticma ballot queaticma and candidate•, inclwling the 11.0tice that ia required by SectiOII. 1-5- 205,C.R.S., tbat i• publillhed at 1 ... t 10 day• prior to the electiOII. which cover• all pertinent infozaation required by atatute. c. Pr9pare, balld-cOUDt and deliver to the County Clerk, the required teat cleck of ballot• for te•ting the electronic vote-counting eqw.paant, DO later t.baD October 31, 1997. d. Reait payaant directly to Arapaboe County within 60 deya of billing for it• prorated. 9bare of all eo•t• relating to the printing and ll&iling of ballot•, and all otlaer election ezpaaaN daaeribed in Section t (k,1,a). flla aurraat .. tiaate of eoau i• $. 71 per ballot peabt plua $ .12 for each addi tiaaal ballot card per pac:bt, to be abared. by all participating juriaclietiOD9. ,,, -. e. ~ly with the prori•iOD9 of the Ulu.foz:a Slectirm Code of ltt2 (Articl .. 1-13 of Title 1, c.a.s.), aDd the tiae guideline• aebadule u att.aebed. bareto -t.baae relate to the Roveaber t, 1997, election. The City of Englewood aball DOtify the County of may mrceptiOD ao later t.baD 29 daya prior to the electicm. f. Prcwide to the Colmty, (rm acapater diaket:t:e 6 ' ' .. • . • . , • 0 I • • • formatted in WordPerfect DOS), all required TABOR notice• concerning the participating juri•clictiODII ballot i•aue• by the date and in the aumer requirecl by the UAifona Bleetion Coda and applicable rule• and regulaticma in (ltule 5.4). Proofread and aaJte any correetiODII to the layout and text of the notice• withiJl one day of the reque•t of the Comity. g. ---Citv of Englewood .. _ ------------- re•olve at it• •ole mrpeaae all Clballaage• ~lative to the ballot czue•tiona and/or candidate•, a• certified to the County for incluaion in the .,,,._,.r 4, 1991, coorcliDated election. h. SUmit to the County a copy of the participatislg juri•clictiona map with the li•t of county prec:iDct• ldaich correapcmd to the County. i. a-it pa~t to ta Comity withiJl 60 daya of billing for the prorated COllt of t!ae preparaticm aDd aailislg of the TABOR notice package. j. Order and dali"9Z' a certified copy of the property owner• li•t for the City of £nglewood de--4 applicable. ) ' (if k. Deliver all requeata for abamat-ballot• to the comity for proce••islg. 8ucla requeata 811&11 be deli...red or fazed daily to the Arapaboe County Clerk and Jtecorder. , . Tbe City of £nglevood &"9Z'• tut it baa 1 ----_....__~ ' . ' • . .. • • 0 I ~• - - • • I • . • ' .. aufficient funcu available in it• approved budget to pay it• prorated election mcpenaea for th• llovaaber 4, 1997, election. 7 • tJnl••• otherwi•• agreed in writing, thi• IDtergovermiaDtal Agreeamat 1111d the interpretation thereof llhall be governed by the lm of the State of Colorado. a. Should any proviaion of thi• IDtergovermiaDtal Agr....nt be detenained by a court of cc:apetent juriadiction to be unccmatitutional or otherwiae null 1111d void, it i• the intent of the parti•• hereto that the r_.ining proviaicma of thi• IDtergovermimital Agreeaeut llha11 be of full force and effect. 9 • llotice• to be provided Ullder thia IDtergovermiantal Agr~t llhall be given in writing either by hand delivery or depoaited in the Ullited Stat•• aail, certified aail, return receipt requeated, with aufficient poatage, to the following peracma: Arapahoe C01mty City of £nglewood City Clerk ,. - Office of the County Attorney 5334 South Prince Street Littleton, Colorado 10166 3400 South Elati Street £nglewood, co 80110 Ulellded or otherwi•• altered unle•• autually agreed upon in writing by the partie• hereto. 11. Atrtasbeente; '1'he attecbant• rm the following page(a) are a part of thi• agr~t. Addendum A • ' . , . " .. • • 0 - ·, CITY OF ENGLEWOOD, COLORADO DD: Thomas J. Burns TrrLB:M_a~y~o_r __________________ _ AT'l'BST: Loucrishia A. Elli• City Clerk ' • ,. • • BOUU> oP comrrr ccaaassxCIIDS. COUll'1'T OP .IDl'AIIOS, SD.TS 01' COLOaADO Polly Paga, Chairperaaa Board of Comaty ~••icmera of Arapaboe county Doaett.a Daridacm Arapahoe COUDty Clerk• a.corder • . .. • • - • • . " • (' 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.S . 31-25-534 Issuing bonds -property specially benefited; and WHEREAS, the City of Englewood and the Arapahoe County Cieri( and Recorder are in agreement that procedures may be implemented to coordinate this issue; NOW, THEREFORE, the Intergovernmental Agreement for Coordinated Eledion (Election aid TABOR Notice) shall be darified to allow the City of Englewood, Colorado to submit a question to be voted on by the property owners in the paving district in coordination with C.R.S . 31-25-534. CITY OF ENGLEWOOD , COLORADO Thomas J. Bums, Mayor Attest: Loucrilhia A. Ellis , City Clefk ------------------ ,. - .,. . ' ' .. ' I •. • • 0 , __ -• J - • • ·, • .. • 10 b 1 ORDINANCE No./fJY SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN OBDINANCB AIIBNDING 'lTl't& 5, CIIAPTER 8A, SBCTION 7, WlTII TBB ADDfflON OF A NEW SUBSECTION D. PUl'AINING TO LIQUOR LICENSE RENEWAL OF EXPIRED IJCBNSBS; AND TITLE 5, CBAPTBR SB, SECTION 15, OF TRB BNGLBWOOD IIUNICIPAL CODE 1985 PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR THE CITY OF ENGLEWOOD, COLOllADO. WHEREAS, the City Council of the City of Englewood, Colorado previoualy amended Title 5, Chapter 38, of the Englewood Municipal Code by approving the puaap of Ordinance No. 19, Series of 1987 and Ordinance No. 59, Series of 1994; and WHEREAS, with the ()IUlll8P of HOUie Bill 97 -1076 by the Colorado State Leplature which amends the Colorado Liquor Code, pertaining to E.M.C. 5-38-5, by iDcreuing liquor license fees; and WHEREAS, Colorado State Houae Bill 97-1076 becomee eft'ective July 1, 1997; and WHEREAS, with the paaaap ofthia Ordinance the City of Englewood will be in compliance with Houae Bill 97-1076; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sw;t;igp 1. The City Council of the City of Englewood, Colorado hereby amends Title 15, Chapter 3A, Section 7, of the Englewood Municipal Code 1985, with the addition of a new Subaec:tion D, entitled Renewal of Ezpired Licenae, which shall read u follOW1: D . RENEWAL OF EXPIRED LICENSE: 1. A LICENSEE WHOSE LICENSE HAS EXPIRED FOR NOT MORE THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED DOLLARS (Sli00.00) EACH TO TRB STATE AND TRB CITY OF ENGLEWOOD. A LICENSEE WHO FILES A LATE RENEWAL APPLICATION AND PAYS TRB REQUISITE FEES MAY CONTINUE TO OPERATE UNTIL BOTH THE STATE AND THE CITY OF ENGLEWOOD HAVE TAKEN FINAL ACTION TO APPROVE OR DENY THE LATE RENEWAL APPLICATION. . ,, •. .. • • 0 , • • •, • <. 2 . A LATE RENEWAL APPLICATION WILL NOT BE ACCEPTED MORE THAN NINETY (90) DAYS AFTER THE EXPIRATION OF A LICENSEE'S PERMANENT ANNUAL LICENSE. IF MORE THAN NINETY (90) DAYS HAS ELAPSED SINCE THE EXPIRATION OF A PERMANENT ANNUAL LICENSE, THE LICENSEE MUST APPLY FOR A NEW LICENSE PURSUANT TO COLORADO REVISED STATUTES AND SHALL NOT SELL OR POSSESS FOR SALE ANY ALCOHOL BEVERAGE UNTIL ALL REQUIRED LICENSES HAVE BEEN OBTAINED. Soc;tjgp 2. 'lbe City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 38, Section 5, of the Englewood Municipal Code 1985, pertaining to an increase in liquor licensing f- in the City which shall read as follows : s.38-5: FBBS: Application fees for licenBell shall be payable to the City as follows: A . New license $459:8& $500.00 8 . Transfer of location of existing license 959:419 $500.00 C. Transfer of ownership of existing license a&e:41& $500 .00 D . Change of corporate structure for existing license lli9:e& E . F . G . 1. FOR EACH BACKGROUND INVESTIGATION $100.00 CONDUCTED BY THE CITY FOR EACH NEW OFFICER, DIRECTOR, STOCKHOLDER, OR MEMBER OF A CORPORATION OR LIMITED LIABILITY COMPANY. i. 2. Exemptiontt to change of corporate structure BACKGROUND INVESTIGATION: ~ ne fee eheH lie eMl'l'N · a. THIS FEE SHALL NOT BE CHARGED FOR A NON- PROFIT ORGANIZATION. a-:-When ~e e111, aetien '81tl!ll ia reme. al r,f Ml aflieer, tlireeMr er .... ellhelller. Renewal of existing license Temporary permit pending transfer of ownerahip LATE FEE FOR RENEWAL APPLICATIONS FILED WITHIN NINETY DAYS AFTER THE EXPIRATION DATE . • II0.00 $100.00 $500.00 These C-shall be in addition to any additional f-impoNd by the State. . . .. • • 0 ' ]- • • • ' (. Introduced, read in full, and pueed on first reading on the 16th day of June, 1997. Publiahed u a Bill for an Ordinance on the 19th day of June, 1997. Read by title and paaaecl on final reading on the 7th day of July, 1997 . Publiahed by title u ()rdinance No._, Series of 1997, on the 10th day of July, 1997. Thomas J. Burne, Mayor ATTEST: Loucriahia A. Ellia, City Clerk ... .. I, Louc:riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the abaft and foregoinl ii a true copy of the Ordinance paaaecl on final reading and publiabed by title u Ordinance No. _, Seri• of 1997. "~ ·, ~ , ' • ... • • 0 - - • ORDINANCE NO. _ SERIES OF 1997 <. • • • BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the DARE Program baa been succeufully taught by Englewood Police personnel to 7th graders in both public and private Englewood schools for several years; and WHEREAS, given the continual concern with the potential spread of gang- related problema in this, area, it baa been recommended to the Englewood Schools administration that the DARE Program be supplanted with the G.R.E.A.T. Program at the 7th grade level; and WHEREAS, with the paasage of this Ordinance there will establish a lepl relatiombip between the Bureau of Alcohol, Tobacco and Firearms (ATF) and the City of Englewood for the implementation and continuing operation of the gang prevention taak fon:e known u Gang Resistance Education And Training (G .R .E .AT.) Program in the City; and WHEREAS, the Superintendent of Englewood Schools baa already siped off on this concept and implementation will hopefully begin during the 1997-1998 school year; and WHEREAS, the Safety Services personnel coeta formerly attributed to providing DARE at the 7th grade level will be directed toward the G .R.E.A.T . Program; and WHEREAS, the G.R.E.A.T. grant will cover a portion of personnel, training and material coats with no matching funds required to secure the grant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se!;t,ign 1. The intergovernmental agreement between the United Statea Department of the Treuury, Bureau of Alcohol, Tobacco and Firearms and the City of Enstewood for the implementation and continuing operation of the gang prevention tau force known u Gang Resiatance Education and Training <G .R.E.A.T.) Program in both public and private achool1 in the City of Eql-ood, Colorado, a copy of which ii marked u Ezhibit A and attached hereto, ii bareby approved by Englewood City Council. • 1- • 10 b ii .. .. • • 0 - • • • • Ses;tion 2. The Mayor and City Clerk are hereby authorized ta sign and attest said Agreement on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 16th day of June, 1997. Published as a Bill for an Ordinance on the 19th day of June, 1997. Read by title and puaed OD final reading OD the 7th day of July, 1997. Publiahed by title as Ordinance No . _, Series of 1997, on the 10th day of July, 1997. Tbomu J . Burn.e, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellia, City Clerk of the City ofEapewood, Colorado, hereby certify that the above and foregoiJII ia a true copy of the Ordinance paued on final reading and publiabed by title u Ordinance No ._, Series of 1997 . -2 - -------·- •. . , ' .. • . , ' • 0 f __ -_ I - • • • •, • (. ---~ - • DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL . TOBACCO ANO FIREARMS 1. PURPOSE COOPERATIVE AGREEMENT NO . 97288204 BETWEEN CITY OF ENGLEWOOD, COLORADO and BUREAU OF ALCOHOL, TOBACCO AND FIREARMS The purpose of this Cooperative Agreement (Agreement) is to estabfu:h a legal relationship between the Bureau of Alcohol, Tobacco and Firearms (Am and the Englewood Police Department, City of Englewood, CO (LOCAL GOVERNMENl). This Agreement sets forth the responsibilities for the implernenrina and continuin& operation of the gang prevention task fon:e known u Gana Resistance Education And Trainina (G.R.E.A. T.) in the city of Englewood, CO. All terms and conditions herein are binding upon execution of the Agreement by both parties. 2. PERIOD OF PERFORMANCE This Agreement is limited to the continued operation of the G.R.E.A.T. Propmn. The period of performance bqins when the Cooperative Apeement is siped by the Cooperative Agreement Officer (CAO) and ends June 30, 1998 . 3. SCOPE OF WORK In the Treasury, Postal Service and General Govemmcnt Appropriation Bill of 199S, ATF was directed to continue operation of the G.R.E.A.T. Program. which wu oriainally started as PROJECT OUTREACH in the fiscal year 1992 appropriation. ,, - • X H ~ • .I, A .. • • l 0 f __ I - • • • • COOPERATIVE AGREEMENT NO. 97288204 G.R.E.A.T . is a taskforcc which will utiliz.e the skills of ATF, Stare and local law enforccmcnt persomiel, as well as individuals from community and civic groups, to develop a program that will educate youth about the dangers associated with joining street pnas. G.R.E.A T. consists oftlnee major phases: Pbuel Phase II PbacID School-Based Education Summer Education/R.ccreation Parent Involvement 4. COOPERATIVE AGREEMENT PLAN During the effec:tivc period of this Agreement, the Phase I outlined in the Scope of Work will be accomplished as follows: A. RESPONSIBILITIES OF ENGLEWOOD, COLORADO The City ofEna}ewood, CO, tbroup the Eqlewood Police Depanmmt. will participele in the G.R.E.A T. proanm tllk force• tpeeified below: 1. The LOCAL GOVERNMENT sball mqe wilb loc:11 aa middleljuaior hip ICbools. to schedule 9 one-period c:laaes to imauct a minimum of 350 IIUdmls on the dangers of pap in accordance wilb the 0.R.E.A. T. prt,tpiilll lesacm plans. Classes will be taupt in 1111 appropriaae education time slot u determined by local school officials . Tbae c:lamoom lessons are to be presented during the school year and any part of tbe next ICbool year of tbe cooperative apeement period of performance. The lessons will be tauabt to seventh grade students within tbe En&lewood, CO public ICbool sysCem. Under the terms of this cooperative apeement, ATF will not reimburse tbe LOCAL GOVERNMENT for any expenses incurred after June 30, 1998. 2 . ( .. • • 0 I ]- - • • • I• • . . COOPERATIVE AGREEMENT NO. 97288204 2. A TF is rnaodawt by Congress to evaluate the G.R.E.A. T. program and a process and outcome analysis evaluation will be conducted during each fiscal year. The LOCAL GOVERNMENT agrees to permit evaluators designated by A TF to conduct G.R.E.A. T. related interviews, establish focus groups of officers. school administrators, teachers, and students and administer relevant pre and post tests. 4 laa&inzdinal --,· ii alla plll afllll III a&.lilHl p111111111111111 aeee• te ,a f uhael ii-. MHip._,, N18.., _ Nlu11ijw.lllil1 ·-· NplrM ie Ill! Ill&) fer I 11-,r1i11Mi"ZI 111.-ee. n.,INN, the b9€afd:. 69\'EIUtfMElff mwt prs uoille aeee99 ts 9ll8lt ,eee1'119 ,.rilhia the b9€.'d:. 691/BU'JME}J'P9 eonllel II• sill, IS till 11111111 permillN l,j 1-ss: 3. It is the responsibility of the LOCAL GOVERNMENT to plan. initiate and ovcrscc the completion of the G.R.E.A. T. propmn; tg IDIFC gpangrly mvmss mxms and gpangrty mumn fgr PIYDJCPSI; to ce:nify the accuracy of contractor and vendor billings; to ensure the cost efficient and timely completion of the project; and to immediately notify A TF in writiq of any issue! or problems real or anticipalled which mipt affect the succ:csstW completion of the project within the time frame and cost ceilings eslablisbcd in the Agrccmcnt. 8. RESPONSIBILITIES OF A TF 1. L A TF bas allocated, to Englewood, CO, $10,000 for the school based education componait of the G.R.E.A.T. program. Allocated funds are provided to rcimbunc the LOCAL GOVERNMENT's cost incurred as follows: • • Officers' time (regular and overtime) and shall not C:<CCCd 70-/o of total amount allocated under this Agreement. G.R.E.A.T. training cxpcnscs such, u instructional materials, workbooks. instructor fees, and guest speakers fees. " - ' ' ' ... • • 3 0 - • • • • • b. C. • • • t• • <. .. COOPERATIVE AGREEMENT NO. 97288204 Expenses incurred in connection with officers receivina G.R.E.A. T. officer training . This includes 1ranspOr1lltion lodainl and per diem in accordance with Federal Government Travel regulations. Officers time (regular and overtime) will be paid during training . Printed materials such as student handbooks, c,alrnination certificates, awards . Vehicle expense at Federal Govermnent per diem nm:s and/or the rental of vehicles required for the G.R.E.A. T. propam. Administrative expenses such • owrbead. amaaJ office supplies and office space leases during the tenn of this Apeemeat. Expenses for G.R.E.A.T. promotional IDlllerial such a pamphlets, bumper stickers, bats, T-sbins, buaoas, pem and pencils. Reimbursements will be made only when provided a completed SF-270, Request for Advance or Reimbunemenl form. in acconllDce with the tams of this Agreement. Capital expenses such as compula'S, office equipment, and eledronic and video equipment may be reunbursed after prior approval from the Government Technical Represenmive (GTR). Request for capital expenditures must be submitted in writing to the GTR. Request shall include the item(s) to be pun:bued, the amount of item(s), and a justification as to why such an expeadiuDe is required and it's dinct relation to the G.R.E.A.T. propam. Capital expenditures shall not exceed 20% of tocal amount allocaled under this Agn:ement. . ' •. .. • • 4 0 • 11 - -• " • ' .. COOPERATIVE AGREEMENT NO. 97288204 LOCAL GOVERNMENT must receive written approval &om the GTR. prior to the purchase and/or reimbursement for capital ex:penditura. Capital expenditures not approved by GTR. will remain the expense of the LOCAL GOVERNMENT. 2. It is the responsibility of the GTR. or bislbcr dcsipee to monitor the project UDdaway; to review and certify interim and final payment requesu submitted by the recipient; to c:mun: that the Aaaeemml fimdiaa c:ci1inp are not exceeded; and to provide A TF wi1b wriam ftlWll1merutarioas on any proposed changes or modifications to this Aaaeement. C. PHASES II and ill OF G.R.E.A. T. Funds allocared to the LOCAL GOVERNMENT under this Apeanent may also be used for Pbucs II and m of the G.R.E..\. T. propam. ll the discretion of the LOCAL GOVERNMENT. Tm CXlelll that thelc plmes will be accomplished shall be de1amined by the LOCAL GOVERNMENT. Implementation of Pbucs II and ill must be in accocdance with the fi>llowin& guidelines: The LOCAL GOVERNMENT will coorclinate summer education/recnmion activities set at community centers and/or other sites selected by the police depa.1ment. Tm educational/recn:alional activities will be in support of Phase I of this Apeement. Additionally, the LOCAL GOVERNMENT will ancmpt to march available existin& community programs and resources with G.R.E.A. T. students and graduates. 5 . , . • . .. • • 0 l I • 0 I~ -' (. COOPERATIVE AGREEMENT NO. 97288204 The LOCAL GOVERNMENT will endeavor to institute an education program for parents of young people involved in gangs and/or at risk of joining gangs, and for parents of other Phase I participants. D. TIIlRD/FOURTH GRADE SCHOOL BASED EDUCATION PROGRAM In addition to the G.R.E.A.T. middle/junior high school component, the LOCAL GOVERNMENT may elect to teach the third/fourth grade G.R.E .A.T. component. The LOCAL GOVERNMENT shall arrange with local area elementary schools, to schedule 4 one-period sessions to instruct third and fourth grade students on the dangers of gangs in accordance with the G.R.E.A. T. program lesson plans. Classes will be taught in an appropriate education time slot as determined by local school officials. These classroom lessons are to be presented during the school year and any part of the next school year of the cooperative agn:ement period of performance. The lessons will be taught to third and fourth grade students within the Englewood, CO public school system. Under the terms of this cooperative agreement, A TF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30, 1998 . 5. OPTIONAL PERIODS OF PERFORMANCE a. The term of any cooperative agn:ement awarded to the LOCAL GOVERNMENT will · have a performance period effective from the date agn:ement is signed by the CAO through June 30 , 1998 . The Government reserves the right to extend the term of the agreement additional years as shown below: Option Year I : July 1, 1998 through June 30, 1999 Option Year 2: July 1, 1999 through June 30, 2000 Option Year 3: July 1, 2000 through June 30, 2001 Option Year 4: July 1, 2001 through June 30, 2002 b. Should Congress appropriate funds and A TF decide to exercise an option period, the LOCAL GOVERNMENT will receive a written notice from A TF swina our intent to exercise the option sixty days prior to the agreement's expiration date. 6 "'~ ___ ,_....,,..__ ' . t,·, .. • . ' .. •· • 0 r ]- • • • (, - COOPERATIVE AGREEMENT NO. 97288204 c. When funds become available, and A TF bas decided to exercise an option period, the LOCAL GOVERNMENT will receive a modification to this Agreement, advising that funds are available and the amount allocated to the LOCAL GOVERNMENT by A TF for that option year. 6. FUNDING, PAYMENT AND SUBMISSION OF INVOICES a. A TF will obligate and reserve the total amount of funds established under this agreement. Requests for reimbursement for work completed will be made by the LOCAL GOVERNMENT on a SF-270, Request for Advance or Reimbursement, to the GTR. for review and certification. Payments will only be issued to the LOCAL GOVERNMENT, rather than vendors or contractors. A TF will not provide Federal funding in excess of the amount specified for each year the agreement is in etfect in Englewood, CO . The LOCAL GOVERNMENT acceplS responsibility for all costs associated with the G.R.E.A. T. propam which exceed the lcwl of Federal funding provided by ATF. b. The LOCAL GOVERNMENT shall submit an oriamal and two copies of all reimbursement forms. Reimbunements shall be submiued II follows: Original and one copy of the SF-270, Request for Advance or Rcimbunemem form, to Financial Management Division (FMD). FMI>'s address is IS follows : Bureau of Alcohol, Tobacco and Firearms Financial Management Division P.O. Box 51071 Washington, DC 20091-1071 One copy of the SF-270 form. alq with receipu(mvoices supportina reimburxmcnt request to the GTR.. Request for travel reimbunements must include the TRAVEL REIMBURSEMENT FORM (Aaacbmem m. The GTR.'s address is IS follows : Bureau of Alcohol, Tobacco and Firearms ATI"N : Peter Men:nyi P.O. Box 50418 Washington, DC 20091-0418 7 . . .. • • 0 , ]- • "'~ ~ • t• . • ' i . COOPERATIVE AGREEMENT NO. 97288204 c. The LOCAL GOVERNMENT also agrees to provide A TF with whatever payment information is necessary to transfer iimds ( electronic payment information, bank account numbers. etc.) to the LOCAL GOVERNMENT. c. l. The Debt Collection Improvement Act of 1996, Interim rule 31 Code of Federal Regulations part 208, effective July 26, 1996, rn•ndates that Federal payments under this cooperative apecment will be made by: (a) Direct Deposit through the A TF's Electronic Certification System, (b) Exg;prign· Department of the Treasury check(s) will be issued ONLY when the recipient certifies that the recipient does not have an account at a financial institution or aulbormd payment agent. c.2. The followin& applies only to Direct Deposit paymails. The cooperalive acreemmt recipient sball forward a compleled SF-3881, ACH VcndorlMilcellla Paymem EmolJmml Fcxm (aaacbed), to Burau of Ak:obol. Tobacco and Filanm, Finmcial Mm 1z:reat Divilioa, P.O. Box Sl071, Waslliapla, DC 20091-1071, submit by fax to (202) 927-1622 or n=cum wi1b this liped modification. (a) The ApJ,;y lnfOIIDllioa is i*+inled to iaac payment from ATF. (b) The Payee/Compmy lnformatioa is to be 00111Fllled by the Payee. The Taxpayer Jdentification Number (TIN) must be provided. Tbe TIN is the Employer Jdemificarion Number . Notice of each Direct Deposit will be forwarded to the address lisled. c.3 . Tbe Financial Institution Information should be completed by the Payee's Financial lmtitulion. (a) All payments will be made to checkin1 or savinp accounts. not loc:lcboxa. (b) The Financial Institution's must list their gig; disit American Bankers Association (ABA) identifyina number. This number is uted for the routing of direct deposited funds. (Pnride dlil ......... ..a, if ... nceiYtq llaucial ..................... , ..... ~ C•-Hicedolu S,-.). 8 ....___.__ ' ' ..... ' .. ~ .. • • , . . • 0 :v. I • • COOPERATIVE AGREEMENT NO. 97288204 (c) If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving financial institution receives electronic fimds transfer messages. c.4. Any changes to information provided under paragraph b. shall be furnished to ATF at the address in paragraph b., in writing at least 30 days before the effective date of the change. It is the cooperative agreement recipient's responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. c.5. All documents furnishing payee information from the cooperative agreement recipient must be dated and contain the signature, title, and telephone number of the cooperative agreement recipient official authori7.Cd to provide it, as well as the cooperative agreement recipient's name. c.6 The following TOLL-FREE telephone number, 1-800-800-5558, is available for payment questions. This number is answered between 8:30am and 5:00pm (EST), Monday through Friday. d. The LOCAL GOVERNMENT certifies. by signing the SF-270 form, that all requests for reimbursement submitted shall be supported by valid receipts/invoices which are in accordance with the project authorized in this agreement. Copies of paid invoices shall be clearly marked with the approprialc cooperative agreement number to which they are charged and rnaimained in the agreement project tile by the LOCAL GOVERNMENT. All such documentation shall be made available for review upon the request of A TF or any Federal audit agency. Funds specified and approved for G.R.E.A.T. shall not be transferred to another project or be used for any other purpose, unless authom.ed by a written modification to this agreement signed by the CAO or his designee. e. The LOCAL GOVERNMENT certifies that no request for payment will be submitted for work, materials or services which have been previously funded from Federal funds or any other source. f. The LOCAL GOVERNMENT will maintain, in accordance with State laws and procedures for expending and accounting for its own funds, such books, records, documents and other evidence that will accurately document all costs relatiq to this 9 • . •· • 0 - 1 • • l • • COOPERATIVE AGREEMENT NO. 97288204 agreement. This documentation must be kept for a period of• ICllll tbree years following the end of the agreement's period of performance and final paymmt. All such documeals will be subject to periodic on-site review a deemed M 1 by A TF and any Federal audit agencies. Including any Comractor hired by the Federal .,..aw to perform audit services. 7. INSPECTION/ACCEPTANCE Inspection and acceptance of all supplies and services under this agrccmem shall be accomplished by ATF's GTR or bis designee. 8. MODIFICATIONS A request for modifications, deletions or additions to the agreement may be made by the LOCAL GOVERNMENT by submitting a formal written request to the CAA or bis designee. All changes to this agreement must be in writing and signed by the CAO. A TF reserves the right to make modifications, deletions or additions to the agreement at any time. Modifications that change any part of the agreement, must be made by mutual agreement of both parties. Where modifications an: mande!C:d by law or other requirements over which A TF has no discretion or control, the LOCAL GOVERNMENT agrees to accept the necessary modifications whenever possible. If however, the LOCAL GOVERNMENT cannot accept the changes, this agreement will be tenninetc:d Fail&R to agree to such modifications is not a dispute within the meaning of the Disputes clause of this agreement. 9. ASSURANCES This cooperative agreement provides for Federal participation iD an educalion and public awareness program to warn youth about the disadveotages of geogs. A local government receiving Federal funds under this agreement, is required to assure and certify that it will, as a condition of receiving the funds, comply with applicable Federal laws and regulations governing grants and cooperative agreements. By acceptllDCe of this agreement the LOCAL GOVERNMENT assures and certifies that it will comply with the regulations iD 10 •. •· • 0 l I ]-- • • t~ • <. COOPERATIVE AGREEMENT NO. 97288204 Attachment I of this agreement, as well as other listed regulations, policies, guidelines, and requirements including 0MB Circulars A-87 Cost Principles for State, Local and Indian Tribal Governments, A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and A-128 Audits of State and Local Governments, as they relate to participation in the G.R.E.A.T. program. In this agreement, the term "Contractor" used in Attachment I clauses and provisions, refers to the "LOCAL GOVERNMENT." 10. PUBLICATIONS AND NEWS RELEASES (a) Definition. For the purpose ofthis clause, "publication" includes: ( 1) Any document containing information for public consumption; or, (2) The act of, or any act which may result in, disclosing information to the public. (b) The results of this program are planned to be made available to the public through dedication, assignment by A TF or such other means as the Director of A TF shall determine. (c) Federal Government Ownership of Official Products of Work. All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sbccts, survey instruments, computer tapes, and any other physical materials and products produced directly under the statement of work set fonh in this agreement are considered Official Products of Work, owned by the Federal govcmmcnt and held for the benefit of the public. (d) Publication of Official Products of Work Official Products of Work, quotations there &om. puapbruing, or disclosures of interim findings may not be published without the approval of the GTR for a period 60 days after acccptaDCC of the product by the GTR. Thercafter, the LOCAL GOVERNMENT shall be free to publish without A TF approval . ( e) Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this insuumcm. when published by the Local Government or other participants in the work, shall comain the following acknowledgement and disclaimer: ll • • Q , - - • • I• ·-• COOPERATIVE AGREEMENT NO. 97288204 "The work that provided the basis for this publication was supported by funding under a cooperative agreement with the Bureau of Alcohol. Tobacco and Firearms. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statcments and inteapretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government." (f) Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this cooperative agreement that may be made by the LOCAL GOVERNMENT or its ~ or any subcontractor or other person or organiz.ation participating in the work of this cooperative agreement shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or parapbnsc any part of any Official Product of Work without complying with paragraph (e) above. 11 . COLLECTION OF DAT A Collection of information from ten or more persons and sponsored by A TF, shall be subject to 5 CFR 1320. A collection of iafonnlbon uadcnakcn by a recipient of a Federal grant/cooperative agreement is considered to be sponsored by A TF only under the following conditions: a. The recipient of a srantJcooperative apeemem is collecting information at the specific request of the agency; or b. The terms and conditions of the paar/coopcnlbve agreement require specific approval by the agency of the collection of informalioo or the collection procedures. 12. DISPUTES • All questions of interpretation of any or all pans of this agreemcnt shall be tint • addressed and resolved by negotiation between the repraentative(s) of the LOCAL GOVERNMENT and the CAA and GTR. Any dispules not resolved will be referred to the CAO and Chief Executive Officer of the LOCAL GOVERNMENT. The CAO will be the final deciding official in all disputes concemiD& this agreement, unless otherwise disposed of in a coun of law. 12 ----- . , ·- .. •· • 0 • • t• • '· COOPERATIVE AGREEMENT NO. 97288204 13. STOP WORK a. The CAO or bis designee may issue, and the LOCAL GOVERNMENT will accept, a written order to bold or Stop Work on the G.R.E.A T. program funded under this agreement for a period of up to 30 days. Such orders will be issued only for sufficient cause, such as reason to believe work is being performed OUISidc of the terms of the agreement, for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant laws or rqulations. b. A Stop Work order may be continued, canceled or reissued as an order of termination. c. The LOCAL GOVERNMENT is responsible for any costs incurred after the issuance of a Stop Work Order unless such work, material. equipment or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be cancelled. 14. TERMINATION a. This agreement may be terminated in-full or in-part by the LOCAL GOVERNMENT at anytime prior to the completion of project listed in the agreement provided that all Federal funds received for the project by the LOCAL GOVERNMENT are refunded in full to A TF . All termination notices sball be made in writing by the LOCAL GOVERNMENT to the CAO. b. This agreement may be terminated by A TF at anytime prior to the completion of the project listed in the apeement. Such tenninatioas may be the result of the fililure of the recipient to start or complete the project in acc:ordw:e with the apcemcnt or for a violation of the agreement. All termination nocices sball be made in writing by the CAO to the recipient. c. This agreement shall not be la'IDinlb:d by ei1ber party after the completion of the project and the issuance of final payment by A TF unless by mutual qreemcm. 15. BREACH OF AGREEMENT a. In the event full services are not provided by the LOCAL GOVERNMENT, unless as a result of tire, riot, act of God or other emergency accepcable to the CAO, the LOCAL GOVERNMENT will reimburse A TF for all funding provided by the apeement. b. The provisions of the paragraph 15a above will be exercised by ATF only after violation(s) of the provisions for G.R.E.A T. has been established, and neaotianons between A TF and recipient have not resulted in a mutually acccpcable raollllion. A written notice ofBreach of Agreement must be issued by the CAO. 13 • I . ' • • 0 , I ]- - • ' r • " • .. .. COOPERATIVE AGREEMENT NO. 97288204 16. REPORTS L The LOCAL GOVERNMENT shall submit to the GTR a quaterly report wi1bin 10 days of the clo9e of each c:aleadar quarter. This report shall dacribe the prc,pwomaric and fiaw;ial SlalllS of the project. The GTR sball be adviaed of any sipific:mt prc,p+omarir: or finlncill adjustmeDIShnodific:alioas A proaress report fonmt is provided in Aa.:hmenl ID. b. A final coopenl:ive IIPamml report shall be s11bmitted by tbe recipient at the completioa of the project. This final report will COlllain the dale of completion, final costs, and a srere oeut that the cooperative .-meat is completed. c. Failure to submit qull'lmy propas reports or the final coopeaetive ~cnt report may be iuteapaeted u ~ with this apeemem. 17. GOVERNMENT REPRESENTATIVES L The Cooperative Apeemmt Officer (CAO) is John Kriepr on (202) 927-1120. Mr. JCrieaer is ~ at 650 Mesndu..as Avenue. NW, Room 3290, Wnhinp,n, OC 20226. b. The Cooperative Apeemem AdminilllllDr (CAA) is Charles J. Conrad on (202) 927-8686. Mr. Coarad is localiDd • 650 M ,-,.. Avenue. NW, Room 3290, Wabinp,n, OC 20226. c. The Go~emment Teclmic:al Repraeutetive (GTR) is P.-Merm.yi on 1-IOO-n. 7070. Mr. Mermyi's address is P.O. Box 50411, WMN••· OC 20091-0411. ,, - • . • .. • • 14 0 I -• • , . • COOPERATIVE AGREEMENT NO. 97288204 18 . LIMITATION OF TECHNICAL DIRECTION FROM TIIE GTR a. Performance of work under this agreement shall be subject to the technical direction of the GTR identified in paragraph 17 .c of this agreement, or a designated representative. The term "technical direction" is defined to include, without limitation, direction to the LOCAL GOVERNMENT which directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that the tasks outlined in the agreement are accomplished in a satisfactory manner. b. Technical direction must be within the scope of the agrecmcnL The GTR. does not have the authority to, and may not, issue any technical direction which: 1. Constitutes a change of assignment or additional work outside the scope of work of the agreement; 2. Constitutes a change in the agreement that requires a modification as specified in Section 8 "Modifications." 3. 1n any manner cause an increase or decrease in the agreement price, or the time required for agreement performance. 4. Changes any of the tams, conditions or scope ofworlc of the aareemcm; or S. Interferes with the LOCAL GOVERNMENT's right to perform under the terms and conditions of the apeement. c . Technical directions may be oral or in writing, by GTR or a dcsignee. Oral directions shall be confirmed in writing within two worlcin& days of issuance. cl. The LOCAL GOVERNMENT shall proceed promptly wilb the performance ~ting from technical directions issued by the Gnt. or bis dcsipce. If in the opinion of the LOCAL GOVERNMENT, any inslnx:tion or direction of the GTR., or bis dcsignee, falls within the purview defined in paragraph b.l. tbrouah 5. above, the LOCAL GOVERNMENT shall immediately notify the CAO ll the beginning of the next Government work day. e. Failure of the LOCAL GOVERNMENT and the CAO to agree that the technical directions are within the scope of the agreement shall be subject to the terms of the clause entitled Disputes in Section 12. ' .. • • • 15 0 _,___ __ l • - ] • • . • ' COOPERATIVE AGREEMENT NO. 97288204 19. COOPERATIVE AGREEMENT omCER'S AUTHORITY The CAO is the only person autboriml to approve modifications in any of the requiiements of this agreement. This authority remains solely with the CAO. In the event the LOCAL GOVERNMENT affeclS any modific:atioas at the direction of any person other than the CAO, the modifications will be comidered to have been made without audiority and no adjustment will be made in the apermem price to cover any increase in costs incumd as a rault thereof. The CAO sball be the only individual autboriml to accept DOD-COllfinning wort, waive any requirement of the ap,emmt, and/or modify any term or condition of the agreement. The CAO is the only individual who can legally obliple the Gove:mment to expenditure of public funds. 20. FORMS The following standard forms, which are provided, must be completed md submitted with the agreement: • SF-3881 • SF-424 • SF-424A ACH VeadorlMilcellaD Paymml Emollmmt FOIID Application for Federal Assillanee Budpt lnformalion -Non-Coamuction Propams (with insauctions) The following forms, which are provided, must be completed md submitted with request for reimbursements: • SF-270 • Attachment II Request for AdVIDCC or Reimbunemem (make copies as needed) Travel Rcimburscmmt Sheet (make copies IS needed) The follwiq form, which is provided, must be completed and submitted quarterly: • Attachment ill Propess Rq,on (make copies u needed) ,, ~ • ' .. • • 16 0 f ,..~ I ]- - • • . • ' .. LOCAL OOVERNMENTs sipaturc ATF's COOPERATIVE AGREEMENT OFFICER.'s sipllme 17 " - • I \• ,... • . .. • • 0 r --I ]- • • • • . • ' <. ... DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS CITY OF ENGLEWOOD, COLORADO COOPERATIVE AGREEMENT NO . 9'n88204 AMENDMENT ONE This amendment is issued to add the following provision to the llleement: 4.D . PREAGREEMENT COSTS r A TF will reimbune up to S 1,000 inc1B'red by the LOCAL GOVERNMENT prior to the effective date oftbis aperment, which are dttectly rela1ed to the G.R.E.A.T . proanm. Tbele COIIS will be recoanimf to the smne cxtmt u if inc1B'red atler the effective aareement performance period. Expenditures will be reimbursed in accordance with parqnph 4.B . l of the l8'eemenl. LOCAL GOVERNMEN'I"s sipature ATFS COOPERATIVE AGREEMENT OmCER's De signature II ~ ' . . ~ . .. • • 0 I ]- - • • • (. COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -1- a. It poucsses lepl ambority to apply for die snm. mat a resollllion. IIIOCion or similar actioa bu been duly adoplcd or passed u III official IICl of die applicalll' s aover1liDI body amboriziDg die filing of die application.. illcludiJII all UDdemaDdinp aad -COIUial lberein, and diRcliD& aad amboriziDg die pcnoa idemified u die official tepaeseamive of die appliclm ID act iD CIHuW lion wilh die appllcalion aad to provide such addilioml iDfonmlioa u may be required (SF-t241111Cbed). b. It will comply with TuJe VI of die Civil Ripll Act of 1964 (P.L. 88-352) and iD accorduce with TuJe VI of mat Aa, ao pcnoa iD die Uaired SWes sblll, Oil die ground of race, color, or DMioall origin. be excluded from panicipllioa in. be denied die benefiD of, or be odlerwile subjec:ted ID discrimitwioa uader Ill)' pn>p"IID or activity for which die applicalll receiws Fedenl fiillacial mime aad will immediwly take Ill)' measures aecesary to eiree.a this apeemem. c. It will comply with die provilialll of die Haach Act which 1imi11 die polilical activity of employees. d. It will emblisb safquanll ID probibil employees &om IIIUII their posiliom for a purpoae mat is or pw:s die appearance of beiq motivad by a desin: for privlre pin for tbem-1-ves or odlm, panicularty thole mat bave family, bu1in ts or other ties. e. It will live die p-llllOr qeucy or die Compaoller Galeral duoup Ill.'/ Wbuiimcl ,epaaeumi.e acceu ID and die rilbt ID examme all recardl, boob, JIIPel'I, or dorume1'11 tel..s ID die pw. f. It will comply with 28 CFR. Pan 66, Admillimlliw Requiremelll for Oma • Coaperlliw apeemems to stale and local Gowuimem caacemiD& requiremalll of law, propam reqailama, • other adminimaliYe requitemms. 1be tqUllliom were publilbed ia Ftdenl Repm of Marcil 11, 1988 (pages 8034-8069). 1 · It will comply with die llldil provilialll of 0MB Circular A-128 (Siasle AudiD of Sia • Local Govenlmam) and copies of eada 111111W audil report shall be submiaed ID die appnipriMe copmlll qeucy and die Depanmm of F.ducllioa Rcgioaal Audit Office. 1be ...,. -., -die paiod &om illilial awud of die cooperlliw apeemem lllllil all die work llllborized ia die ...... is ........, • teimbunemem from A TF recei¥ecl. h. It will emure mat die facilities ullder ill OWllfflhip, lease or super wisiClll wbidl 111111 be 1ltilimcl ia die accomplishmelll of G .R.E.A. T. me mx liad oa die EDvirmmaal Pt.-.aw A,-:y's (EPA) till of Violaliq Facililies aad dlM ii will aotify die Ftdenl l'WCJI' qeucy of die naipl of Ill.'/ . •; n &om die Dinaor of die EPA Office of Fedenl Activities iDdicaliaa Iba a faciUly II be med iD die project is ullder comiderllioa for lisliaa by die EPA. i. It will comply with die miDimum wqe aad maximum haun provisiam of die Fedenl Fair Labor SlaDdards Ac:t, u they apply to law enforcemem and ectncarimml imtiallioa employees of mre and local pwerntDeDIS. .. • • 0 , I -• 0 I• • ' COOPERATIVE AGREEMENT NO. 97288204 ATI'ACHMENT I -2- j. LJMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACffONS (DEVIATION· DEPARTMENT OF THE TllEASVRY, NOV 1990) (JAN 1990) (al Dcfim-. ·~. • • 11111111 in mil claa. -alClaffC ..-:Y • dlftallll ia 2.101. "C-..,F--·•-•mis-.--,ofdlo -...--: (alllll ...... ofaa,--. (bl ,,,. _.,.of.., --(cl llll-.,.of-,-.iloa. (di ,,,. __ of __ -· (el n.-.-.-. -.. -o1..,-____ .. __ .,_,,. ... ·,-...--..·-·mis-. -----ia-•or1111.-Se1r-----""w u.s.c.•-1---N-. """"""'"'"'..,._ ............... -ialllil-.---.. ........ -.,-..., . ., .. _ -.. -.. .......,_o1.,-, .. -o1c-.• offlmror--ofC-.or•--of•-of ~ .. ------· ·t.,,;,,;a~ ·u11111111111dlildlllllc.-a .. o1.,.._a .s-.... it-..i.-. .. --.--llJ•S- forlbl~ofa --duly. ---&-,-lie-.,. I..--.. --·-"'-·--..---..,-~o111oca1-. "Oflla,-Of',,..,,..., .. -,,,. --ia --· -.. -....·-----IIJ•-: (a) All--ia--ma_.. ... ~-a11e,.u...,._ca11e . .......,..--. __,_ (bl A-of•--.--ia _ ,oHJI. 1111aJ1 . u--Cade. (cl A_.eo..-_..,.. .• _ia_ lll2.allell .U--Cocle. (d) ... --ii·-·'·-....., -· •-IIJ .. -..--,c-Acl.lido5. u--c .... ...,-.2. ·----.. ·-------· ----.Y .<11111.-···-·-·-__ ,__.., ___ .. __ ,.,...._ .. _farprolll. n..-------.......-. oraay __ .._ __ lO ............ llcally ...-IIJ--law. .......... ~----.. -daullt ..... widl....,_ •• ......,_..._ .. _..,.."'.., __ _ .. ----far--0<--far ~dlM11n111,.,....• ... ,....by.ort1111,......ia _ ........ -..c.o--. • ..._..,.,_,,,,.• ... ill dlll c .......... widl t..,.a 10 profeuloaai ... odll:r .-cal tll'*ICa. I payallll m • ---dill ii ---~-far ___ ...... _ -· ·111ctpwM .• &1 YIN 1n dlis dale. 1aduda &be COlllnCIDr 11111 all IIIIN:aml'ICIDn. l1'as ICffll ucWa • ,...._ "*· w-' orp1111a11a. or _, __ .,_ __ IO......._ _ _,, -IIJ--law . • .....,. ....,.,.., 0 U \llllll 1D ... dlllle. malla .... ,....a IOa -.. --"'·--.. -... -----.. ---.. _..,.IIJ __ ,., __ 130 ---..aa,.-1,.., _, ...-.. --"'------"'--""-"' ---,.,,-.. ---.. --IIJ--,.. ,_ -130-,...aa,. -I ya,-, .......... _"' ______ .., __ IMAlbetaalllllrlllmbl,....rty....,,..•-••••• _..,,. IIJ --far 130--a,a. ·-··•-iadlil--aS-ofdloU-S-.dlo -o1c-. .. c -of-llim.amrioalyor _of .. U--.--or----ofa-. ____ ,_i_ .. ___ .. ___ _ --· l')- (1) -.1motlidoJl,U--Cade.--dliop. ..-. ._.,.-.. ........ -.-. .. -------IDpoy-,-far;-.,. .,_..., ___ .. ........,.of..,_ .• _ of~. •olllceror _..,_ otc-. or._.,.. of• -ofC_ ia __ ..., ofdlo faUowiol- --: daawanliacof UIJ --.... _.,. ofaa, ___ _.,..,..,--... --"'---.... -.,...,-----. .. _.._ <21 TIit ""-....... c-io ,.,_.--.it..., - ------(iaoludial proftlor ,_ _ -·--,r-, ba"-poid, O< will lie,-_ ID ..,_far_.,. .. _.. .. -·-· _..,..of-,-. a M-ofC-... .-.,_.,,...o1 ~ ... _..,..o1.-o1c-·-· _____ .. ___ (3) ,,,. .,._ ., .. Acl clo ... ...., -... raoow.os -(i) ,._ ... lopllllwe 1.-1,J ----· (A) llll~•dle-of---. ia ......... (bMllofdlil ___ ...., ___ ola- of ___ ., __ .. _..,..ofa-._.. .. _____ ,, ... _ .... --~----.-,-··---(I) Far-of-l'MJMi)(A)ofdlla-. _.,._, _ __,...,..IIJ ___ ~ ;.,.-. ..,-. (C) ,,,. _,.._ ... llplaaw ___ _ ,.__.., _______ ._.._ -----(1) o.._-----------(....._._, -·"'--·,...-.. -. _or_of __ _._.....,.._ m T ______ ._.,. .. ..,._.,....,.o11111-·,...-or-fara IIIIICY'IWI . (DI 'Ibo rauo-.-, • loplllawe 1,._ -.. ,.__.., __ .. __ .,..,_ --c11-......,--~....-... -,1or._ .. ______ ., ---(2) T __ ,_...dle-ofa _..._.._ .. ___ _ m c....,,_IIJ_--. __ ---·--"'---""-· _IIJ ... L.tf.JOI .... ---. (El o.s, __ __,,_IIJ _ l'IOMi)(Alof _______ _ f•) ___ _ CAI,,_,,__ ___ ., __ -a .......... 1'-ll..t ____ ...., ___ .,_ (l )A_of _____ _ .,_..,..,. ______ ,_.._ ----~ ....... --·-----· ___ ,, ___ ,,_ __ _ _ ..., ______ ., ... *-_ ____ ......, ____ _ ,, ~ • . I • • 0 ' .... by or purwa m law u a COlldiaaD for recci•a:11 dall Fedenl -. (21,._, __ .,. _____ _ .. _..,.."'·--.. -·---·-~-~,....a.-...ormodific:aliallofa ___ ., .. _ ....... pro-.. ---__, ______ "'.., ..... .....-. . ....,_ ..... ___ ....... _...._...,.. "'·-·-··-,_ ___ _ ----.. ---"'·--· -·--------· (S)For_ol_t1')(J)(u)(A)ol,a.,-. ·..----·-·-----,.. .._,....,..,.,...-.. -....... ,,. ........ -----· ...... -... -........ "' .. ,._., _____ ..... _., __ _ ---...-. Fo,.._ie.dldillaolallpl --.. a bid or Pf-' by a lawyer ii-. _., _____ .., __ .... .,._ .. --~"'·-"'--dinalf•• -"'·-ii-.-· . ---.. --.., . ..-<-··-...,.,·· --,-··---------=_, ____ _,__,....,.._ ,._., ________ _,.. -dinalf .. _, ·---·.___ "'·---n..-----.. ---·--llyalaw,-lllado _____ _ _,.. ._-, • oo111y -., dlo lcpl -"'•or--·• ,._. __ _..., __ "'-' ___ _ ------law,-11 _ _..,. ,._...., _ _.,_ . ---· __ .., __ _..... __ _,__ .. •-or-ola.iorlll-'n __ _ -----· ......... ------·----or-ol•---· (C) .__ __ ..,.,_ .. law •• _ ..... _. _____ ,_..., ..... ,......_., _____ _ -(Dl<laly--apnaly-lly- 0,)(]l(it)(Al(l)-(2)ol--.,....--,a.,-. (El 11a --of FAIi J.-al-• _, ____ "' ___ _ ......,. _..,.._or _.,,..o1a-. (iio1S....,.--lly ,_,__ I .. ,,.,,_ .... _"' ___ _ ......... (1'}(1)ol ____ .... ...., ... _.,. ..... _____ ..,....,_ ... •• • •. pl'CMMd tllrA acDYIIIII ... prw lO .... _.., ____ __.,_ .... _"'_ -(Al~---\ ....... -1 -----"'--··..---. ~or--ofSMt, -111'\'ICI~: .. • • , . • COOPERATIVE AGREEMENT NO. 97288204 ATl'ACHMENT I -3- (S)T _____ i.....,.dle ...,._.,..._o1 .... -·,..-.,_,__ ....,.., ... (c)Diacmn. (l)TbeC __ ,_.,,__ ___ a ___ lllo_illM_a __ form.OMII --LLLDiacmnol~AaiYma .. f--• _.,._..,..,O _ _,_..,._....._(_ -..--..,--cm)·--· ..--......... 0,l(l)ol.a..-. ifpoid far----(l)TlloC--ftlca--larma1dlomlol _______ .., __ _. ---"'·--·..,--,..._,_.., ___ ..........,..,c)(l)oflllil-All-------"'--..... --(i) A CllalMlllft ilaaN of S:ZS.000 or more m Ille -,_.,._..., ... ,_far--.or-.o.-a ---· (ii)Aclllolt••...-1)0,-s)~or ........ •..._.aCOl'll'ld ....... oraaioa; or (Iii) A clllolt iodlo ~11. _..,.,). or M-.a) -·-.,-·-·---(J)llltC--...... dlo-ola __ ;,......,, __ ..,.., __ _ __ _,_......,.s,oo.ooo-111e-. --(4)AII ___ °"" __ , -·---.... --..,--<=-. llltprilMC-slllll _al_ .... c....,.. -·--"' ... -------· _.., _______ ... ----111oo1 .. -....c-. le _,,.c-____ _,_ ,._.., ... __ (ol ,__ Ill,_ ____ ..,_.,.__ --(alot.a..----··----______ .., ......... ~,"'------ ·-.-..--11r..,11u.s.c.1m. "---"'· _...., ___ .. o...-_--...,_ .-.--·--· (l)C-_...,_._,_ .. ..,_ _.., _______ __ (I) c.-,. ,..... _____ _ -... ----·---c-, ___ __.,_.., .. _ ___ ... _ ... ___ _,_ --- .. • • 0 I ~• • • • COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -4- IL CERTDlCATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERA11VE AGREEMENTS 111o-...--.... -o1 ...... _._ .. -. ...., <ll No ______ ,_,.wi11111...,..11y .... -o1111o--.... • .,-ror-...«-...•- •-•_..,.."'•-·•-"'~·-·_..,.."'~••_..,..of.-of~•--• _..,.o1.,--. ...... of., _______ .,_..._ .... ___ _ ___ of ______ _.....,_. (2) 11., _________ poid«wi11111,-• .,_ ... ....._.. _______ _ _..,,.of.,-.. -of~--of_..,,.of~or-_..,,.of.-of~--------------...-._----Fan.LU..--·--,...,.·· ----........ (3) Tlll_..,.. ____ ._of .. _111 _____ ,.. .. -....... ( ...... _...,__ ______ _..._, ...... -..... .... ~----..,. Dio-··--of·----..---------· -of- -............................ ---lly-1:152.lilltll,U.S.C... ---llill•tllo• ...... --Ill IIDjoclmaciri--, of•la-SIO.OOOMll •--SIOII.OOOfDr--flilon. --a---a--111o-...--.m--oflliaor ... _._ .. _,,...., 11_, ___ plill«willllplillm-,-lar-.,. .. _,... ____ _..,,.of•-.•-of c-.• -.. _..,,.of~••_..,,.of•-of~•----_...,.. .. u __ _ _ .. _.-. .. -..... .... ._.. .. __ Fan.LU... ___ ._.....,.._. ___ _ illlauc::lioal. -ofdlia-ila,....._fDr_.,.«_.,.iao ____ lly_l:152.lilltll,U.S.Codo. ,,_, __ _ .111o .. ....,.._ ...... ,.... •• cm1.-,of••-Sto.ooo••--S100.ooo1ar---.. I. 52.242-15 STOP-WORK ORDER (AUG 1"9) (I) TIIIC---· ._, _ 11y ___ dloC-, ,..... .. ea.-.-,11. «-,pan. of--larlly .. -farapcrmof90claya_dlo_ia_••C-.•lor-,_,.... ___ ,... ___ TIii--• ~--·-------Upaa-of•-.dloC----,._i,-ill _ _._ .. --·---"'--·---"'·-----... of--·-..... ., ... -·--·-·-c-.--.. -of ....... -----...... -c.........---- (1) c------- (2) r----11r·-·--·•-••T-fDr~ot•O...-._.,.__ l'I lf•-------•-•• ..... of•-·---...... •C-__ _ "'"'-____ ........... _ .. _..., ___ ..... ______ .. __ ....._ --..,.,r- (11 Tlll----··----.............. c-·,-~--... ..-o1.,_.,_ --(21 TIIIC--••••-----30--••ot•,._., ______ if•C....,..-___ _,, ___ '-____ aa _____ _, ______ _ (cl lf•--••-••--IIJ•-•-••-ot•O...-.•~-----...... -----•-••--(di 11•---·------"'·-·----~---.lly..-.. .;-.. --....--...... -----· (l!Mof-) m. 52.217-8 OPTION TO EXTEND SERVICES (AUG 1-, Tlll~---....-of_, _____________ ,_ ______ _ ··-of-lO~----.., .. s.a-,ofi-. Tlll--------·----o1....-----6-. TIIIC-~----11y.,...,.. ... c--.. ,._ ............ -.. . r,-,.; • . ... • • • 0 I - ;-• ,. • • <. .. COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -5- a. 52.232-111 AV AILAIIIUJ'Y OF nJNDS (APR JJl4) ,_ __ ,,_,_ ...... _ 1"0...-',,....._.., __ .....,. _____ ., ___ _ --------No ............... ., .. a..-.... ....--------· •C.......C.-forlllil ____ c-__ ., ____ ............ .._ ... c..._ca.. (Wrl- 0. 52.232-lt AVAIIAIIILrl'Y OF nJNDS POil TBE NUT IIICAL YEAR (Aft UM) ,_ __ ,,_,_,.,..._ ___ .,....,_ .. ,,..1"_,....,.. ... ...-., ... - .,... .. -........ -.. ..-...."' ____________ No ........... ., -~------..--... _..,_..,_.._, ... _______ c...,. om-11r..-.. _ .. c-__ .,......, ............ ..._ ... c:__...ca.. (Wrl- p. 52.252-2 S0IJCrrA110N CLAUSES INCOUORADD IIY ltDDDfCE UlJN ltll) ( '1111 _ _,__ ____ ., _________ • ..,_ .......... u,. ........ c..._~ .. --.. -- q. 52.lSU AUIBOIUZED DEVIA110NS IN CLAIJSES (APR UM) 1a1•--•-·-.,..,-.. ....... .._...aaa..-u--·--· _., ........ .,.._...,_,._ ..... ., .. _ .. -------.,_,,,,,_,,...-.,,_,.CIILJ~----·---_.,._..._,,,_ .. _., ........... ... .,,._ 111e....._c:11aw ... 1wa,-lfllNll,y1•m 52 DWI WI' PAYIIDff Gld .,_. 52 232-D IIANDATOaY INIOIIMA110N JOit D.IICIIIONIC IIJNll8 n.umnR PAYIIINT (AUG l"6) . ' .. ., • . ( • 0 , - - ORDINANCE NO . ~ SERIF.S OF 1997 . ' • • • BY AUTHORITY 1~ COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN CHERRY HILLS VIU.AGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved the original Connector's Agreement between Cherry Hills Village Sanitation District on June 2, 1975; and WHEREAS, the Englewood Water and Sewer Board recommended City Council's approval oft.his Agreement at the May 13, 1997 meeting of the Board; and WHEREAS, the City will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District; and WHEREAS, the Connector's Agreement enables the District to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; and WHEREAS, the City of Englewood Utilities Department will bill the District uaers directly for service charges; and WHEREAS, the Connector's Agreement provides that the City's permitting requirements will be followed by the District and its uaers; and WHEREAS, the Connector's Agreement provides that no permit ahall be final or service provided until conatruction is approved by the City of Engl-ood; and WHEREAS, the term of the Connector's Agreement is for a three year period and is automatically renewed for m subsequent three year periods uni-either party giVM a minimum of sue months written notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectign 1. The Connector's Agreement between Cherry Hills Village Sanitation District and the City of Englewood which enables the District to utilize the facilities owned by the City and the Bi-City Wastewater Treatment Plant for the treatment of sewage; is hereby approved for a three year period and is automatically nm-ed for sue subsequent three year periods unless either party gives a minimum of si.lC months written notice, a copy of said Agreement is attached hereto as Exhibit 1. 5ec;tigp 2. The Mayor and City Clerk are hereby authorized to sip 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 passed on first readinr oo the 16th day of June, 1997. -I - ,,,_ • 10 b iii .. • • 0 I - - • ,. • • '· Publiahed u a Bill for an Ordinance on the 19th day of June, 1997. Read by title and pused on final reading on the 7th day of July, 1997. Publiabed by title u Ordinance No.__. Seriell of 1997, on the 10th day of July, 1997. Thomu J . Burna, Mayor ATTEST: Loucriahia A Ellia, City Clerk I, Louc:riahia A Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreaoinl ill a b'ue copy of the Orduwu:e pueed on fin.al readinf and publiahed by title u Ordinance No ._. Seriea of 1997. Loacriabia A EUia -2- • . • • 0 ,_ I ...... ....... • • 0 • CONNECTOR'S AGREEMENT TEIS AG:RE!:MENT, made and entered into this day of , 1997 by and between the CITY OF ~EN..,.,...G~LE~EW"""'"o~o~D,,_,_,,c~o~LO...,...,,RADO...,....,, .... , a mun-rcipal corporation, hereinafter referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and~~~~~~~ CHERRY HIL 1 S VTLLAGE SANITATION DISTRICT , cf t.~e State of Colorado, hereinafter called "District," acting by and through its duly authorized Board of Directors W!TNESSETH WHE..-:u:.AS, the City owns and operates a sewage system, including a sewage treat:nent plant which is jointly owned and operated with the City of Littleton, so situated physically as to be able to receive and treat t.~e sewage gat.~ered by the District; and WI-~~. it is the desire of t.~e District to utilize the facilities owned by th• City for the treat:llent of sewage and the City is willing to serve t.~e District for treat:llent cf sewage ur.der certain conditions; NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: l. The City hereby agrees under t.~e conditions hereinafter set forth to treat t.~e sewage originating from District's sanitary sewer system within the area served by the District as approved by the City, as indicated in the descriptions attached hereto marked Exhibit A. District specifically agrees to prevent sewage from any area, other t.~an that described herein, from being discharged into District's sanitary sewage system connected to City's trunk line and to prevent connections to the system froa or in any area ot.~er than t:.cse described herein. •• See Footnote on last page. -l - E X H I B I T 1 f(,. •. •· • 0 , -• ........ • • 0 • C . 2. In the operation of District's sanitary sewer system, District agrees that all applicable Code provisions and rules and regulations of City, including amendments thereto during the term of the contract, shall be the minimum standards for District's system. District further agrees to abide by all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (the EPA) as they become effective or implemented or upon notice from the City. District shall inform all users, contractors and subcontractors of such standards, rules and regulations upon inquiry from such persons, and shall not furnish any infor:iation inconsistent therewith. In this regard, it shall be the respcnsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to t.~e District; however, City dces not g,~arantee t.~e accuracy or completeness of goverr.ment regulations other than the City's own regulations. 3. The City's per:nitting requirements shall be followed by the District and its users. All plans, specifications and methods of work within the District shall be submitted to the City in writing and approved by City prior to any const=uction or tap in the District's approved area. No pe:::-:nit shall be final and no service shall be provided to property until const=uction is approved in writing by City. 4. District shall, at all times, properly maintain its sewer system and shall rectify any problems or conditions ~hich have been deter::iined by District or City to be detrimental to City's treatment process. Should the City de~er::iine t.~at any discharge enters the sewer system contra=:, to governing laws, ordinances, statutes, rules, regulations or pe=:nits, District agrees to proceed at once to take whatever lawf~l means may be necessa::y to rectify any such problem or condition. 5. City shall have the right to allocate service under t.~is contract, and City may deny additional se::-~ice for any ut i lity-related reason, bu~ in no event will Ci~v terminate any service without cause. City shall have the right to disconnect ser"rice to any area annexed by District when such annexation takes place without prior written City approval. District shall provide City within one year of this agreement , an estimate of the number cf equivalent service taps needed for the next five (5) years under c~rrent zoning ar.d p l anned buildout in District's area. District shall ~onitor zoning changes wit~in its area to esti~a~• its tap rec.uirements and provide City with ~otice of tap requirements !or the next five year period of time in a for::i satisfactory to the City. Notice of these requirements shall be given City on each anniversary date of t.~is agreement. 6. City may impose and collect reasonable fees, tolls and charges, which shall be uniform as to all outside-City users -2 - E ' ' . , •. •· • 0 I ........ • • ~ • ' '· for the services provided by the City under this Connector's Agreement. City shall bill District user directly for all applicable City charges for services rendered under this Agreement. Should any user not pay City, City shall bill District and District shall pay to City within 45 days of such billing the amount due. These charges are subject to adjus'Clent from time to time by City; when such charges are changed, City shall give District forty-five (45) days advance written notice. 7. The ter:n of this Agreement is for a period of three (3) years from the date of exeC'~tion and automatically renewed for six (6) subsequent t.~ree-(3)-year periods unless either party gives a mini:llum of six mont.~s written notice, during which time District agrees t.~at all effluent produced from taps wit.~in District shall not be in violation of any federal, state or City laws, rules or regulations, or any ot.~er applicable gover:unental regulations or the pe::-:nits under which the City operates its sewage traa'Clent system. City agrees, during the te::-:n hereof, to treat said effluent and to maintain adequate facilities for treating of the same. a. District agrees t.~at it will maintain, at its own ex;:ense, all of its lines, or those lines now cwned and operated by District, it being specifically agreed that City assumes no responsibility should any of District's lines become clogged, damaged, or require ~aintenance. District shall maintain 24-hour service to remedy disr~ption in service. District shall, if it deems necessary, notify its users of District's procedure to remedy service. 9. City is providing only sewage treat2ent ser..,ice and, pursuant thereto, pe~its incidental use of City's sewage lines only by t.~is individual contract with District and does not, by this contract, offer treat2ent service excect in strict accordance wit.~ t.~e te:::':IIS hereof. This con~ract does not offer, and shall net be construed as offering, sewage trea'Clent service to t.~e public generally or to any area outside t.~e limits of t.~e District's service area herein described. 10. T~is contract may not be assigned, sold or transferred by District without City's written consent. 11. Should any federal law, rule, per:nit or regulation or should a decree or order of a court render void or unenforceable any provisions of t.~is contract, in whole or in part, if possible, t!le remainder shall be of full force and effect. 12, The District shall enforce t.~is agreement and each of its ter:ns and conditions within t.~e area descri!ied in Ex.~D)it "A." District shall refuse to serve a user or potential user, disconnect the service of any user pursuant to -J - ~- • • • 0 ~ I - - • • • t• • .. appropriate law, or take other appropriate action in the event of: a. Nonpayment by such user of any charge made by City for servi ces; b. Any violation or noncompliance by such user with the terms of this agreement; c. Violation or noncompliance by such user with the laws, r~les, per.nits or regulations of the City, t.~e United States govern:nent, including the EPA, the State of Colorado, including the Depart:llent of Health, or other law, r~le, per.nit or regulation applicable. d. Continued breach of this Agreament by the District and/or its users shall be considered cause fer the City to ter.ninate this Agre&lllant. Should the Dist±ict fail to promptly rectify a breach of those provisions identified herein, after notice thereof, City ~ay take such steps and do such work as it deems necessary to enforce this agreement, including litigation and specifically a right to injunction or specific perfor:nance against the District or any of its users as is necessary to protect the City's system and operations. 'r.le prevailing party shall be entitled to expenses and cos~s of suit, including attorney fees. Should more t.~an one District be connected to a sewer line, all Dist·ricts on t.":.e line shall be joint:y and severally liable for any breach of this agreement and each such District shall i:nmediately, after notice, rectify any problem or condition detrimental to the treat:llent process arising within its legal boundaries. City shall not be required to prove which District is at faul~ but shall make availab_a to all such affected Districts all infor:aaticn developed or acc-:.::nulated by City pertaining to such breach. ~othing contained herein shall preclude a clai~ for indemnity or contribution by any District against anot.~er District connected to a common sewer line. CltS-13-31-111.5 shall gover:i the percentage of liability cf any District on a com~on sewer line in t h e event the City seeks to i~pose liabil ity based upon negligence or fault . 13. Th:s contract shal l not be used as a legal defense or proh i b i tion to the mandator/ consolidation cf facilities by either pa:::-:y as may be required by the laws of the State cf Colorado o f al-existing sewer collection systems and facil i ~ies to a gover:unental entity created to ass\!llla res?or.s i ~i-ity for sewer service in the area in which both City and s~ate are a part u.~c•r s~at~tory er c:ns~:tuticnal aut~ority as ~ay be the cas•. -4 - ... • • 0 f I - - • • • • ·, • (. A'l'TP!ST: CITY OP ENGLEWOOD, COLORADO City Clark Mayor ATTEST: **Footnote<••• page 1) Hothing in this paragraph shall apply to flowa entering th• outfall line utilized by the Diatrict at any point on points downatraaa froa where th• aaid outfall line laavu the area of the District • -' - "'~ . ' . .. • ' • 0 ,. . 0 - -----,. ------r ---- • • I 0 • , -• "' - • , . • (, COUNCIL COMMUNICATION Date Agendattam Subject July 7, 1997 Transfer of funds from the General 10 C 1 Fund to the cap;tal Projects Fund, and appropriation of Capital Projects Funds for the City of Envl-d's lhllre of the Cindarella Citv lb c:INn-uD costs. lllltlatad By I Frank Staff Sounle Cilv of En-Financial Services 0-.rtment DiredDr COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council apprOV9d the 1997 Budgat on ftnal reading by approving Ordinance 80, Series of 11198 on llnal reeding No\l9mber 18, 1998. Council hn supported the redevelopment of the Cinderella City lb, and hn agreed to use S 1, 100,000 of City funds to clean up the lite and other expenses related to the redevelopment. RECOMMENDED ACTION Staff recommends the City Council approw the attached resolution transfwing, and appropriating funds for the City's portion of the Cinderella City clean-up and ottier ~ ....-. The City should r-.p b portion of the costs by collec:ling increned ..._ ta.I from the lb. The original 111117 Budglll did not include this project. GENERAL FUND: Soucct ot fyndf · Fund Balance VB ot fyndf : Trensfwl OUt CAPITAL PROJECTS FUND: Soyg of funds ' Transfwsln Vffqffyndf: Cinderella City CINn-Up $1,100,000 $1 ,100,000 $1,100,000 $1 ,100,000 The City of EnglNood ii l9qUired by City Chart8r to -thll apencllturw do not IIICCNd legally adoptad appropriallonl. The attached rasolutlon appropriates funds to -thll the City of Enoi-c,d compliN with legal rwtrlc.tlons governing local budgeting. No ottier abmatNN --. identifted . FINANCIAL IMPACT This supplemental appropriation will reduce the General Fund's ,,_ by S 1, 100,000. LIST OF ATIACHMENTS Proposed resolution 'I • ., • • 0 I '-/ I - J-- • • • I. WHEREAS, the Englewood City Council bu supported the redevelopment of the Cinderella City site and bu agreed t.o uae $1,000,000 of City funds t.o clean up the site for redevelopment; and WHEREAS, by the pauage of this resolution will allow for the transfer and appropriating of funds for the City's portion of the Cinderella City clean-up coats; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sol;tjgp 1. The City of Englewood 1997 Budget ia hereby amended as follows: GENERAL FUND: Soun;e gf Fund.a: Fund Balance Uee of F11nde · Transfers Out Soun;e o{ F11nd1 : Transfers In Uee af F!ande : Cinderella City Clean-up $1,100,000 $1,100,000 $1,100,000 $1,100,000 Sol;tjon 2 . The City Manager and the Director of Financial Services are hereby authorized t.o make the above cbanps t.o the 1997 Budpt of the City of En,lewood. ADOPTED AND APPROVED this 7th day of July, 1997. ATTEST : ,,__ J . Burm, llayw Loucriahia A . Ellia, City Clerk • . .. • • 0 I - - • • • .. I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 1997. Loucriahia A. Ellis ,, - ' ' .. • . , • 0 f __ I ]- - J'' l • DIiiie July7, 198'7 • • • COUNCIL COMMUNICATION A,-..laltan 10 C ii COUNCIL GOAL AND PBBVIOVS COIJNCILACnON The Englewood City Council approved the J>811118P of Ordinance No. 30, Series of 1996 on August 1, 1996; Ordinance No. 6, Series of 1997 on January 20, 1997 and Ordinance No. 21, Seriea ,Jf 1997 on April 7, 1997. BECOMMBNDBD ACnON Pueage of this resolution will clarify the intent of the City of Eqlewood with n,prd to Parcel PE-2F and show the City's support for the conatruction of the C-47~.elJ•n Int.en:lumge . BACKGROUND, ANALYSIS, AND ALTBBNA'l'l\ll:8 IDBNTll'IBD The pueage of the ordinances Bhowecl the City's npport for the comtrw:tion of an interchange known u the C-470/McLelJan Interchange. A. originally propollecl, the City would provide Dr. Ohlaon with a new access easement desc:ribecl u Pueel PE-2F and Dr. Ohleon would re1inquiah hie ripta under the Rigbt- of-Way and Euement between Dr. Obleon and the City of Eollewood which wu rec:ordecl with Douclu County Clerk and Recorder on Oct.ober 28, 1965. The ~ epprovecl and IUpport.ed the project eleo granted Highlanda Ranch Metropolitan Dietriet No . 3 (the Dietriet) the authority to wie Parcel PE-2F for the project. Dr. Ohleon bu reuwl to ewute the Relioquiebmmt al Ript-of-Way and E._..,t Agreement and the Diltriet bu inlltitutecl • condemnation action with reprd to Dr. Obleoo'• ripta under the 1965 Agreement in Douciaa County Diatric:t Court Civil AdiaD No. 97CVI35. FINANCIAL DIPACT The financial impact wu inc:reuecl upon approval of the previous Orclinaama. UST OF ATl'ACBMENTS Resolution --~-----------' . ,, • . • • 0 - - RESOLUTION No.1" SER.IF.s OF 1997 <. • • • A RESOLUTION CONCERNING THE EXCHANGE OF PROPERTY TO ffiGHLANDS RANCH METROPOLITAN DISTRICT NO . 3, PERTAINING TO DR. OHLSON AND THE C-470 INTERCHANGE. WHEREAS, by Ordinances No . 30, Series of 1996, passed on final reading August 1, 1996; No . 6, Series of 1997, passed on final reading January 20, 1997; and No. 21, Series of 1997, passed on final reading April 7, 1997, the City of Englewood expreued its support for the construction of an interchange known as the C-4 70/McLellan Interchange and authorized the City to enter into intergovernmental agreements with reprd to the Interchange; and WHEREAS, as originally proposed, the City of Englewood would provide Dr. Ohlson with a new access easement described as Parcel PE-2F and Dr. Ohlson would relinquish his rights under the Right-of-Way and Easement between Dr. Ohlson and the City of Englewood recorded in the records of the Douglas County Clerk and Recorder on October 26, 1965 (the 1965 Agreement); and WHEREAS, the Ordinances approving and supporting the project granted to Highland.a Ranch Metropolitan District No. 3 (the District) the authority to uae Parcel PE-2F for the project; and WHEREAS, Dr. Ohlson has refused to e:r:ecute the Relinquishment of Right-of-Way and Easement Agreement; and WHEREAS, the District has inatituted a condemnation action with reprd to Dr. Ohlson's rights under the 1965 Agreement (Highland.a Ranch Metropolitan Diatrict No. 3 v. Robert S. Ohlson, et al. Civil Aetion No. 97CV135, Douglu County District Court); and WHEREAS, the City of Englewood fully supports the coaatrw:tioo of the lnten:han,e; and WHEREAS, tbia resolution ii to clarify the intent IX the City with reprd to Parcel PE-2F; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO,THA~: Se,;tion 1. The intent of the City of with reprd to Parcel PE-2F ii to allow Highlands Ranch Metropolitan District . the full power to diapoee of that parcel for the project. It was not and ii not the intent to limit the District to deedinc the property to Dr. Ohlson or to require Dr. Ohlson to e:r:change his rights, if any, under the 1965 Agreement for Parcel PE-2F. The District may take title to the parcel itself, deed the parcel to Douglu County or to Dr . Ohlson as it deems appropriate to complete the interchanre project. ', \. .. • • 0 , ]- J • • • ,.. • ·, • Section 2. Pursuant to this Resolution, Ordinances No . 3, Series of 1996, No. 6 and No. 21, Series of 1997, the Mayor, the City Clerk and other City of Englewood perllODJlel, as appropriate are and were authorized to take whatever actions necessary to accomplish the purposes herein stated. AOOPl'ED AND APPROVED this 7th day of July, 1997. Thomas J. Burm, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk for the City of Eqlewood, Colorado, hereby certify the above is a true copy of Resolution No._, Seri• of 1997 . 'I •. .. • • 0 l • • . ,. - COUNCIL COMMUNICATION Date Agendaltem Subtect July7, 1997 10 C iii Tennis Court Resurfacing INmATEDBY STAFF SOURCE Parks and Recreation Department ....,...1 Black, Director of Parks and RecrNllon Dave La, llanagar of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Award a contract for the repair of the Sinclair and Barde Park tennis courts to the only technically acceptable bidder, Mallot, Peterson and Renner. Council has previously approved the repair of tennis courts at all locations. RECOMMENDED ACTION Staff recommends approval by molion awanlng the contract for the repair of the Sindair and Barda Park tennis COUl18 to Mallot, Peterson and Renner. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Sinclair Middle School tennis courts and Barde Park tennis courts are cracked and in need of repair. Simple crack filling and resurfacing will not be adequate. A more substantial method of repair is necessary. It was decided to secure bids on the slip sheet method of repair in which the cracks are filled, a geo-textile sheeting is adhered to the court bridging the cracks, and then covered with a ~· asphalt emulsion, texture and pigment. Lines are then painted on the courts. This type of repair should last 3 -5 years. ,. - The Parks and Recreation feasibility study suggests placing soccer fields at the Sinclair location, in lieu of a pool and tennis courts. However, this will not transpire for at least 3 -5 years. Requests for bid were sent to seven vendors. Bids were received from two. FINANCIAL IMPACT The only technlcally acceptable bid was $55,000.00, For the repair of the tennis courts, $60,000.00 was budgeted for in 1997 Conservation Trust Fund. UST OF ATTACHMENTS: Bid Documents Specifications Bid Tabulation Technical Assessment ., • • 0 I ]- - • • • <, MEMORANDUM To: Belly Goomlaa. Buyer DI. From: Chris Korba. Parks AdmiJJillnl«.e Dale: S/6191 R.E: Tennis Court Resurfacing I Cl1ICk rilling Bid. " [ have reviewed 1be bids for tmmil court resurflcina 11111 mck fi1lill& lllll lilllDd oaly oae bid ID be tedmically accepable. c: Dave Lee, Mampr of opm Space. ~-. , . ,.. • . ' .. • • 0 I I,.,_ CITY OF ENGLEWOOD BID PROPOSAL TABULATION BIO ITEMS(&) • TENNIS COURT RESURFACING/CRACK FILLING Bid Opening Date: APRIL 30, 1997 11 :OOa.m. RESURFACING CRACK TOTAL No. Bidder •ETHOD FILUNG BID , ,,:,,-.a...urp. 414-434-1272, tax 414-434-8275 Alt Gary Van Gheem POBox40 Suanico, \M . 54173 ~ -...... 303-423-4303 Aft: 5803 urns Snet Arvada, Co. 80003 ;J 1-· , Nemer, ,nc . 303-744-3631 Alt $11,400.00 $3,IOO.OO $55,000.00 1375 W. Alameda Ave . Denver, Co . 80223 - • NI.-.. , .... l.,OUl'11I 303-355-4582 Alt $11,IOO.OO $1,950.00 $53,350.00 POBox8777 Denver, Co. 80208 • __ , ............ , 303-834-1245 Alt 3143 W. Celller Ave . o.w.r. Co. 80219 I A.1 Track & Tennis 512-741-73111 M Mlndr La&nnt P.O. Box 1318 Port Atanul, TX 78373 • 0 • I Remarka/Exceotlons ,' NONE - SEE EXCEPTIONS r I . • ? TENN1S .COURT .RESURFACINO .TA8 " - • • • • • COUNCIL com1NCA110N .,... July 7, 1997 C 1Y NTIATEDBY STAPF 80UIICE • ....... __.. d Ccn'act tar Flooring Aaiovalola at Rac:Nallol, ear. Depar1malt d Para and RaarealiDI, Jerrel .... DINc:mr' d Para and Rac:Nallol, IIRB!CC:cllD-IBlll:IIIIIID!D ACTION Slalf1WC011W1•ldleo..daad, by mallan, .. _lftll.lN .. T&Cllllld • ,-tu 1 7 2 lnc.llr ...... -D a ...,._....,... .. q1.-41aand....-lOid .. law bidder, T & G Hadilood Floorl, and laund no w, ti, o2ljlCt ti, ..... t.n 11i1 cannct. BACKGROUND, ANALY811, AND AL1a91ATNB 1&11 & The El ....... Racnl7lon o,mtoar ----CD!llnClld In 1• ......... Caar ... and paana hav9 Nqt.llllld 8 wood 5aar .,-m tar....., and ptl,1b11J-. The ..... rll2l2ler loar ii l7lr* and ., .... w,.-111 tam..._ A2lamall¥9 wood toartng .................. br ..... Fial viall 11) .......... lnllll5ad wood OW9I' ..ing nMerlocnclalanN.ed ourdlcliae. The.,.....,......_ .... ..._ by 1". Olar .,.... ralNd a.toar........, upm r and~clacllll•• • aatdllol•111. Olla' 11111a wa W9d ....... camai:l lnduda .. In ............... (llr•a I W a) and ..... t I t S 7 ---Alar 1111 .. iilcludad In .. bid II) add .. .......,..._. and Mui..., ...... PNtNCW._.ACT Two bidl ... r..iw.d tar llil plaject • delaTad in tlw allllnd lld Plapaaat T .......... The Arclllac* &llmalla tar tlw baN bid ii ... 000. Tollll ..... -.ct plajactOCllll-dllallad ~ a... bid ffl,4CJO Atlllmlla... 26.174 Wllllr baN tlnllti 3,000 An:hlllc:t 5,000 Cut__..... 3,000 ConaucliDn Adi........ 5,000 Conlngancy I IP TOTAL 1111,174 Adaql .. blda .............. appnMd 2lullgatdl12S,GDD. UIT OP ATTACI wna • .. • • 0 BIDDERS City Floor Co. 788 C>aldand St. Denvw,CO 80239 371~ • Gall HarTil Bid 0.: 8-27-97, 2 :00 pm • ..,. 0 ... • ENGLEWOOD RECREATION CENTER FLOORING RENOVATIONS BASE BID AMOUNT ALTERNATE I 1 TOTAL BID AIIOUNT $73,400.00 $25,174.00 $98,574.00 $75,058.00 $24,512.00 $99,570.00 Page 1 , 1..-J I , .... r • • I ... . • 7 I • " I • • I• • CONTRACT CITY OF ENGLEWOOD THIS CONTRACT and agreement, made and entered into this l..JI! day of i1W.!. !III.. by and between the City of Englewood, a municipal corporation of the State of Colorado, hereinafter referred to as the "City", party of the first part, and T&G HARDWOOD FLOOR SPECIALISTS, INC , hereinafter referred to as the "Contractor" • party of the second part. WITNESSETH, commencing on the 11111 day of JUNE, 1117, and continuing for at least ten ( 10) days thereafter the City advertised that INled propoula would be received for the furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following : PROJECT: ENGLEWOOD RECREATION CENTER, FLOORING RENOVATIONS WHEREAS, proposals pursuant to said advertilement have been received by the Mayor and City Council and have been certified by the City Engineer to the Mayor and City Council with a recommendation that a contract for said wort< be awarded to the above named Contractor who WM the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Conlrac:tor is now wining and able to perform all of said wort< in accordance with said advertlNment and his proposal. NOW THEREFORE, in conaideralion of the compa111111ion to be paid the Con1ract. the mutual agreements henlinafter contlli11ad .. IUbjac:t to the terms hereinaft8r staled: - A. Contract Docynenls: It is agrNd by the parliaa hereto that the following lilt of inatrumenta, drawings and docunanla which .. llltac:hed hereto, bound herewilh or incorporated herain by ,,_. a conllilula and ahall be '*'9d to either • the Conlrllc:t Documents or the Contract and al of said inllrurnanla, drawings, and docunanla taken together as a whole constitute the Conlrac:t between the partiaa IWlllo and they .. • Uy a part of this agreement a if they were Mt out V9fbldiln and in ful herain : Advertilement of Invitation to Bid Bid Proposal form Contract (this instrument) Performance, Payment and Maintananca Bond Receipt, Release, Waiver of Claims Special Provisions General Conditions Detailed Project Spac:1ficat1ons Plans and Drawings Page1 • • • 0 , ]- - • • • ,. • "I • '· B. Scqpe qf work: The Contractol agrw to and lhall fumilh al labor, tools, supplies, equipment, materials and ev.ythirig nec:eaary for and required to do, perform and complele all the work described, drawn, Ml forth, shown and included in uid Contract Docunenls. • C. IWJDI of P,rfprmance: The COlllrador agrees to undertake the performance of the work under this Contract in accoidala with the owners ldwdule • apedlled in the "Drawing and Detaill" portion rlthe proiec:t apeclllc:aliol• immdlltly .... being notilled to c:ornmeia work by the Dncmr rl Pubic Wortcs and agrw to fuly complae uid work within 87 cllleudar days from the dae rl uid notice, plus IIJCh ..._.an or extenliona of time -may be granlld by the Ondor' rl Pubic Worb. D. IWJDI cf P,mwnt The City agrw to pay the Conlrac:tor for the performance r1 al the work required under the ccnact. and the Ccnndol agrw ID acapt -Ilia u and only compensation therefore, IIJCh eum or suma rl money • may be proper in accordal a with the price or praa Nt forth in the COllbac:M'a Propoul herlllO llltached and made a part hereof, the total 8ltirTlal8d COit thereof being NINEJY:EIGHI THOU8AND. BYE IMINP IEYINIY-fOUR MP NO QOLLMI WP4,IDI E. ApgJpWo«> cf Fyp: At pran, W PW ha been app1apiald for the prqec:t. Natwltl9mdig anyltilig COllbliied In 1111 AQIWl•II ID .. ccnrary, In .. .,.,t no funds or inlulllciant funds .. appaprtalld and bulit11l1 d by the pwmiig bodr or .. alllll Miil unavailable by any fflNnl whlllaatwr In ..,, falkMing llcal period for which appoprtalial• _,. r..iw.d wlhout .-,ally or...-•--• ID time por1iona rlthe Agrwin or olhar amcua ha9ln for which funda halM allwady been appoprtad or .. alllllwlN -.liable. The City lhal lmffwfll 1J nally the COllll'actDr or l's 1111gi• rl IIJCh occurNnCe in ..... rl IIJCh llnnlllllllalt. F. C°'*Jd Birdng: It la agr9ed that 1111 Conlrac:t lhal be binding on and inln to the benellt rA the partiN heNID, their heirs, exacuors, admiiilllan, ....,. and succ 111 ors . . . .. • . • • 0 - - • • . .. ·~ • .. IN WITNESS WHEREOF, the parties have caused theN .,,....-.. to be ligrwd per'IONlly or by their duly aulhoriDd officers or agents and their 18111 alllxed and duly IIIINlad the day and yu,r tlrlt above written. This Contract ia executed in ___ 5..__.counterparta. CITY OF ENGLEWOOD ATTEST Approved a ID form: City attorney ATTEST: by. __________ _ by ________ _ .... Party rl the F"nt Part by __________ _ Party rl the 8ecand Part END OF CONTRACT . . . ' .I .. • • 0 -• -• 1' • • .. COUNCIL COMMUNICATION o• Agada ..... Sullject Jvkit 7, 1997 PropoMd till tor an onlinmlw 11 a 1 ,........ 1U11miaion ID a ,,_ ol the ,....... ...... olthe Cir ol e,..__.,.... a TMOA qullllon on the 1N7 ballatlD ._. dltlt and prcMN ....... tor • .._ ol OUldaor Ml In - lnlllaadBy IF ... - llafflouraa Cho,-Financial S.W--Dncw .. COUNCIL GOAL AND PREVIOUS COUNCL ACTION City Council has discuaed this .-at ltudy 1Ns1on on June 2, 1997. This action allowl the City ID pay for Illa pqpallltion tor the pnlpONd Mlwn ol OUldoor Ml and _,.. lublidlll ID fund opeilMlol• and paymanla in lieu of tuN ID the EnglMoocl Urban R...i Aulhorty. AECOMIIDIJED ACTION Staff-• the Clly Council ...,._ the lllached bill for an or*-placing • bellat qullllon on the Nc,,;an,bar 4, 1987 ballat ID pnMde tlnandng tor a Mlwn ol Oulldoor Ml at the Cindlr9lla .... Alt .A11iillhw ¥11111--allow the Clly ID iAue dltlt ID pay tor_., ... ~ and in.n 811111111 apaating ......._ wt ....--111 ... ol- .. available. Dabt ._.. on the bomMlng --lie paid by pnlpalty ..____.on II pnlpalty In enai--. If ..._.._wt lldmlNion .._ .. not ...... ID tund 811111111 operalol• wt....--in ... ol.._, llflll*lr .._ wil lie inawad farttlia purpoaa. ·---• .e ...,._. .., ............. ._. ....... .,_ I I .......................... _.., ........... _ ............. aa, .. 11111 ........ .., Ila laaued .............. ca, 11111111 looli .... ......._ ................ IP 1111 ..... -. FIIIANCIAL SMPACT Alt atllnnllllve ¥11111 on 1h11 iAue will inaW the Cly'1 ..-.i ollliglllon dltlt 13. 7 mlllon, wt Nduca dltlt capeclly $3. 7 millon. Anua1 CNllt ._.. will moat lllllly not_.. $300,000 par,_. (paid by pnlpalty .... ,. wt 118 apaating lUblidy and the payment in lieu ol .... will lie 1700,000 par,... If..._ and ...... tm.. .. not enough, pnlpalty tuN will lie inawad ID n-. up Ifft lllol1falll . .... .. if du llallol --ii ... ,-.I. s... _oldie----,_,_. ..... City will aol ftad .. w- alOl!ldcNW ,._ ....... - LIIT Of' AffACHMINTS Copy of pnlpOMd bill tor an or*-- • . .. .. • • 0 I - ORDINANCE NO. _ SERIES OF 1997 • • • BY AUTHORITY COUNCil. BILL NO. 67 ::icEwipIL A BILL FOR AN ORDINANCE SUBMITl'ING TO A VOTE OF THE REGISTERED ELECI'ORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL BLECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND OPERATIONS SUPPORT FOR THE MUSEUM OF OUTDOOR ARTS . WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question illllue regarding the issuance of debt for the purpoae of financing the construction and operations support for the Mwieum of Outdoor Arts; and WHEREAS, 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, the City's Financial Services Department and the City's financial advisor have worked together to find the least expensive method to finance the construction and operations support for the Museum of Outdoor Arts; and WHEREAS, the least expensive 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 : Sed;jon 1. Pursuant to the provisiom of law the City of Englewood hereby submits for a vote of the registered electors of the City of Englewood at the 1997 Municipal E1ectioo the following issue and the ballots for said election shall carry the following deeignation which shall be the submisaion clause : SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $3,700,000 WITH A REPAYMENT COST OF $7 ,000,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES BE INCREASED UP TO $1,000 ,000 ANNUALLY FOR THE PURPOSE OF FINANCING THE COSTS OF ACQUIRING, CONSTRUCTING, INSTALLING AND OPERATING A MUSEUM OF OUTDOOR ARTS IN THE CITY OF ENGLEWOOD INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES AND PAYING DEBT SERVICE AND OTHER COSTS OF GENERAL OBLIGATION BONDS ISSUED FOR SUCH PURPOSE 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; AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY COUNCU.. (I) SHALL THE CITY'S AD - ... D ., •· • , • • • 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 UMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDfflON, AND (II) SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE OPERATING COSTS OF THE MUSEUM NOT TO EXCEED $450,000 PER YEAR AND AN AMOUNT NOT TO EXCEED $250,000 PER YEAR AS A PAYMENT IN LIEU OF TAXES TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY OFFSET BY ANY ADMISSION TAXES AND SALES TAXES COLLECTED FROM WHAT IS KNOWN AS THE CINDERELLA CITY SITE; AND (ill) SHALL THE REVENUES FROM SUCH TAXES IN THE AMOUNT SPECIFIED ABOVE AND ANY EARNINGS THEREON AND FROM THE INVESTMENT OF THE PROCEEDS OF SUCH BONDS REGARDLESS OF AMOUNT CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? ~--NO __ $oc;ti111 2. Each elector voting at aaid elec:tiao and desirous of voting shall indicate bis choice by depreuing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Sec;tion 3 The proper officials of the City of Enclewoocl shall give notice of said pneral municipal election, such notice shall be publilhed in the manner and for the length of time required by law, and the ballots cast at such elec:tiao shall be canvuaed and the rwult ascertained, determined, and certified u n,quirecl by law. $oc;tigp 4, If the ballot iaaue is approved by a ID¥JfflY of the Nlliatered elect.on of the City, the authority of the City Council to issue pneral obtiption bonda of the City will be ~ed and considered a continuing authority to iaaue and deliver such bonda at ODe time or from time to time in accordance with the terms and conditiou of approval u Nt forth in the ballot issue voted upon, and neither the partial Ulll'Ciae of the authority IO c:oaferred, nor any lapse of time, will be conaidered u uhauatiq or limiting the full authority conferred by the electors. $oc;ti111 5. If a majority of the resiatered elec:ton of the City of Eqlewood vote no for aaid proposition the City Council will not be able to iaaue bonda and will not be able to enter into a long term contract without an appropriatiom claue. Sec;tion 6 . If any aec:tion, parqraph, clauae, or other portion of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability lhall not aff'ect any of the remaininc portiona of this ordinance. Introduced, read in full , and puaed 1111 flnt readinr on the 7th day of July, 1997. . ,_...., . '""' .. • . • • 0 l ..... I ]- • • • Publiabed u a Bil tbr an Ordmance OD the 10th cl-, al July, 1997. Tbomu J. Burm, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk of the City of Eupewood, Colorado, hereby certify that tbe above and f'onlaoiq ia a true copy of a Bil tbr an Ordinance, introduced, read in full, and puaed OD tint reading Oil the 7th clay of July, 1997. Loac:riahia A. Ellia 11-. , • ' ' .. • 0 \ • • 0 f __ I - - • ,, - .. . ,. ·, • .. OOVNCIL COIIIIIJNICA'l10N - 0... __.. .... ..... .Jaly 7, 111'7 A ts .. C,9' aced- 11 a ii .... a...-...... , I ......... ,w1:, WI 11 1• PNa c--,o JIS: C . .., ... = as-.c ICC 0-• C OOVNCIL GOAL AND PIIBVIOtl8 COIJNCILACl'ION The Enclewood City Council bu diac:uNed dlia ._ at ......i Study Seaaiom. IIBOOIIIIDma> ACTION p_,. mdlia ~ -w au1mm to a...,.. mtm.....,.. .--. mtbe City«....,._. a baDat queman •menctinc Ar1ic:le m. Seetian n « 111e ....,._. u-Bula au.rt.. pertaiDia, to tbe Pow.. EzprNaly W"nbbeld ,,_ Coandl BACJmllOtJND, ANAi.Diii, AND ALftllNA.nvD Wiil'dD The Ea,lewood II-. Rule Charter Article m. Seetim 82, c:arrmtly prcmdea far -.i ,,_ a8lce by • unanimous vote «Council . Article V, Sediml 31, probibita Council.._._. 6-fttia( upan matters iDvolviac tbe coaaidsation of ma own o6:ial caaduct or nm ma .,......i or flnancial iDt.er'Nt ia involved. Tbe propoaecl Ordinance -w eluninw tbe Iup-,e raprdms --1 by • IJD•nimoaa vote of Council and a11ow cimen ...n of• Coancil Member but would prabibit Coandl .-Clftl «. Council Member. LIST OF ATl'.ACIIIIBNT8 Bill for an Ordinance •. .. • • 0 I - ORDINANCE NO. _ ~OF1997 • • -.., '· BY AUTHORITY ABILLFOR C. AN ORDINANCE SUBMITl'ING TO A VOTE OF THB REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THB NEXT SCHEDULED GENERAL IIUIIICIJ'AL IILBCl'ION A PROPOSED AIIBNDIIBNT TO THE CIL\Jl'l'Ell OF THE CITY OF ENGLEWOOD, COLORADO REGARDING POWERS EXPRESSLY WITBB&LD FROII COUNCIL. WHEREAS, this bill for an ordinance would submit to the re,isterecl voters of the City of Englewood amendments to the City of Englewood Charter; and WHEREAS, Article m, Section 32, currently provides for removal &om office by a unanimous vote of Council; and WHEREAS, Article V, Section 37, prohibits Council Members &om voting upon matters involving the consideration of hia own official conduct or when hia personal or financial interest ill involved; and WHEREAS, Article m, SectiOD 32, of the City of Enpwood Home Rule Chart.er ahall be amended to eliminate the lan,uap reprdinc raioval by a 11nenimoua vote of Council; and WHEREAS, the Chart.er -.Id be cbaapd to allow citum nail al a Council Member but would prohibit Council ~ or a Council ~ber; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sw;tigp 1. 'Ibere ia hereby submitted to the...-.-e1ecton art.be City of Englewood at the nen acheduled a-eral mmaicipal elec:tiOD a popNed un-d-t to the Charter of the City of Eqlewood, Anide m, SectiOD 32, u filllowa : All'l'IC1& m LBGPP-A'DVE BODY 32: POWERS EXPRESSLYWffllHELD PROM COUNCIL Council ahall deal with the edminietrative aervice IOlely ud dinctly tbroqh the City Manapr, and neither the Council, it.a members nor NJ1Dmittee lball eitMr dictat.e the appointment CII' direct CII' int.sfere with the work al., ... CII' emp&o,ee under the City Manapr, either publicly ar priYat.aly. Att.m,-d dictatiaa, clindian or interference OD the put al my member al the Council lball be ..._.. miacaaduct. • -.., ............. g, ., .... ..,.,. ... .., ........ .., ... ,_, .. ·- ··-~. . ...... lfg, ,,,.,. ~~~ -----~ ,; -. , • ' - .. • • 0 I ]- • • • ,, Ses;tjqp 2. Ballota for Mid election shall carry the following deeipation which ahall be the aubmiuion claue: QUESTION NQ . -- Shall the Home Rule Chart.er of the City of Enllewood SectiOD 32 • Powen Ezpreuly Withheld From Council of Article m; be amended to eliminate the language requiring the impoNibility of a unanimou vote of Council for removal of a Council Member and leaving the recall procedure u a remedy for violatiOll8 of Section 32? YES NO Soc;tjgp 3. Each elector votmr at Mid election and desirous of voting shall indicate hia choice by depreNing the appropriate COUDter of the voting machine or by the appropriate marking upon paper ba1i. wblre uaed. Section • 'lbe proper oflic:iala ol the City of....._. shall pe aotice of uid ,_..i municipal elec:tiOD, IUC:b aotice mall be pubtiabed ill the wand far the 1mph oltime required by law, and the ...... CMt at lacb electiml lball be .......... and the rNalt ~ .......... ad cati8ed • ..... bylaw. Section 5. Only if the qaelliaD ia.....,.. by die, ...... .....,. oldie City of .,.__. shall the Article be -..... wl die Cbartar, M e deil, oati8ed ID the Sec:ntu7 ol Stat.e. Section 8. If PDJ NCtiaD, perecrepb, dew, or oda.r partim ol tbil o..aa-ia fi:Jr eny ...-held to be iDYPlid or_.._...., the i!lfflidit;y s ~ lhell not effect eny of the ,.,.,mm, partimle o1 tllie o..aa-. lntroclumd, reed in full, and .,..... CID Int reedia, CID the 7th day al .July, 1997. Publiabed u a Bill far an OrdiDanm OD the 10th clay of Jaly, 1997. ATTEST : ------------' • .. • • 0 I --. I • • .. • . ' I, Low:riabia A. Ellia, City Clerk al the City al Eqlewood, Colorado, i-.by certify that the above and f'orepiDg ia a true copy of a Bill far an ~. introduced, read in full, and puaed on tint readiDs on the 7th day of July, 1997. - . , • . .. • • 0 , • ]- • • • COUNCI. COMMUNICATION D• ~--8ullject J4ily 7 , 1817 PnlpoNd U For NI Ol6&IOI 11 a 1H Reganllng 8ubmiNlan To A Voll Of The R_ JI _S _ ad Eledors Of The City Of EnglNaod Reganllng Pan:· 11 · an To E.-Into A ~y-Fil&lclll Ollllgl?lan To PnMdeAdlalllllal llallllll To NJiNe City Of Engl11 ioad ......... ., IF ... - ...., .... -... of Financial s.r.n-Dnc9Dr COUNCIL OOAL AND PRl!VIOUS COIIN:11.. ACTION This bll for an onfinalOI ~ SllbmiS to tie ,.._.. valar'I of tie City of EnglNIOod • bellot quN9iorl ,....... aw City to inc:ur • ~ ollliglSloll i., ilCI' ...... tie madmum 1lll9al pallion banllt hm 815 ,-.it of rnonShly Alely to 74 ,__ of monthly Alely for c:un...ar......,.. ... "old ............... City Council wll dllculs this .... It ... aaaion Mid on July 7, 1N7. RECOMMBIDl!D ACTION Saff-1111 Council.,.._ ........... for M onll&IOI IUbmlllng lo a~ oflie ......... vollr'I of tie City of EnglNaod lo inc:ur a fflllli.fw otalglllon lo 111111 ina... NM11s for"old hn" ........... UCIUIIIDIN>, ANAL.Ya. AND M.T!MA1W wr•e The r...,.,., U of RighSI (TABOR),..._• fflljoflSy _.,,.atiw ~ of lie,.._.. .... lo Incur-, fflllli.fw ll&ICial otalglllon c1191C (Altide X. 8edlon 20, 491). TABOR allO ,..._ tw-oftlgllllr mnl9ruclwd ...... In lie ballot quNtiorl . Mam9lerl of the F.....,_.' Pension ao.11 valed 4-2111 appraadl City Coundl 1D pul 11111 on lie N&wallllel 7, 11117 Nlol FIVJIICSAL _.ACT The..._.. ino-1n11ep,...s-.ofpa111o11NM11s 111415,000. Tllilamountwa 11e_.... _24,_.. • .._. colt of $50,000. TIiis wll lie paid i., an adcllSlonal pnipa,ty 1111c l9vy on pnipa,ty _.. In lie City of Eng!Maod. If this bellot quN9iorl ii not IIIPfOll9d, no i--In NMlls wll lie fundad. L.aT M ATTACHMENTS PropoNd ballot question June 11 , 1887 Fnllgtun' Pension ao.11 MNSlng MinuSN June 17 , 1887 WIiiiam M. ,.._ ~ 8ludy • . .. • • 0 I - Members Present: Members Absent: Others Present: • • • C • FIREFIGHI"ERS PENSION BOARD MEETING June 11, 1997 Mil GllYGLEWICZ MOVED TO APPROVE OF THE MINUTES OF THE REGlJLAll PENSION BOARD MEETING OF JANUAllY 9, 1997. Mil GlWNINGE1l SECONDED . - , . 0 ' . .. . . •, • • 0 , '1.? I ]- • • • • t• •, • I. MR. GllYGLEWICZ MOVED TO APPROVE OF nm MrnUTES OF nm JOINT PENSION BOARD MEETING OF FEBRUARY 18, 1997 . MR. GRUNINGEll SECONDED . Ayes : Nays : Absent : The motion carried. Young, Gruninger, Gryglewicz, Lombardi. Seay None Bums Mayor Bumi and Dan Brotznwt arrived 4 :02 p.m. ••••• OID BUSINESS .. V Young ........... increuing the benefit to S400.'S200 and r...-dm die acwarial report apia after one year to -if die filllCls could die maxinun benefit . It WU determined that the Board will be able to the funds from the FPP A quarterly report. Chris Olloa arrived 4 : IS p.m. Ayes : Nays : Ablmt: -The mocion carried. Gillat Eglaron and Otto ff«lld. left 4 :20 p.m. 2 .. • • 0 - l- • • t~ • <. Pisa•uion ofJepJ requirements for the Board to punye collec;ting monies erronegysly paid to retirees or swyjvon. Mr. Brotzman distributed a copy of a memo prepared by, Trent Johnson, Law Clerk. The memo references Colorado State Statutes 31-30.S-204 (1996). This section of Statutes addreaes the Board's fiduciary duty to preserve and protect pension assets. · duty includes collection of monies erroneously paid. Mr. Gruninger inquired about the diff'erences between Ftre and Police Pension Association's {FPPA) spousal benefit and the Fuefisbters Pension Pim. FPPA provides for a named spousal beneficiary when the retiree , -!ects a · Colorado State Stmutes specify that the beneficiary is the s ~ ouse. Discussion followed related to earnings . Mr. Gryglewicz n!Vill!lliiiii:fi a mill levy from 1974 could not be impo..t now and that Council set the mill levy without a vote. He wiD l'elllR:h City actions were taken in accordance with the asreemem. Mr. swed that it is possible to prepare a ballot question for the July 7,1997, City Council meeting. He reminded the Board that the item would be presenred to Council at the study session the same evening the ordinance would be read on first reading . Mil. GRUNINGER MOVED TO PROCEED TAKING DIE PLAN DOCUMENT TO CITY C0"1'CIL wml PROJECTED COSTS, FOR DIE rut. Y 7, 199'7, COUNCJL MEETING . DIE COST FUNDING REQUEST Wll.L BE AS nvo SEPARATE BALLOT QUESTIONS . DIE FDlST IS FOR ntE COST OF UVING INCREASE WITH A 1lfREE PERCENT PEil YEAR MAXIMUM, AND DIE SECOND IS FOil ' .. •· • 0 I ] • 0 , .. • ... TiiE ADDmONAL BENEFIT FOR YEARS OF CREDITED SERVICE AFTER 20 YEARS. MS . LOMBARDI SECONDED . Disaassion ensued regarding the payment for outside counsel. Mr. Brotzman stated the expense fur outside counsel would be included in the Caty Attorney's budget. Mr. Landry agreed to provide the separate plan costs for each of the · benefits. Mayor Bums expressed concern with the number of items on the No and does not support proceeding with the requested item be on The motion carried . Ms . Lombardi stated her concerns with Brotzman and Mr. Gryglewic:z expllaiiilllltae -....-i.., becaUle on ABOR and cannot "ftf!r'!lnlllill',oung sugested the discussion focus on procedures for determining the 20% Supplemental Disability . Chairperson Young questioned what the Board should do next since there i1 an ordinance in limbo reprdins the guidelines. Mr. Brotzman swed tha1 if the Board W111tS to make recommendabon to Caty Council they should make a morion cxplaiaina why the Board would like to see a change in the proposed ordinance language. - Mr. Gryslcwic:z reminded the Board that City Council ii awaiting a leaer' tan Mr. Seay. Mr. 8roczman stated that WU a dift'erent issue. II - • • • 0 re • -· l· r, f • 0 I • - Further discussion claritied the funding source for payment of20-/e Supplemental Disability in ordinance. Chairperson Young commented that item G on the ordinance refers to the State Death & Disability and how the contributions will be split between the City and the a1fected employee through the means that benefits are nonnally addressed. Since the City's method is collective bargaining. his interpretation is that it should be separate the 20-/e Supplemental Disability issue . Discussion ensued regarding whether the 200/o Supplemental Disability and tbeWelldt' Disability should be in the same ordinance and that the ordinance wu --""11 attorney other than Mr. Brotzman with no input from the Firefighters P The motion carried . Chairperson Young independent counsel, collective however, it GER MOVED TO REQUEST CITY COUNCll. TABLE 1llE ON 1llE 200/e SUPPLEMENT AL DISABR.ITY TO ALLOW 1llE BO STAFF TIME TO PREPARE A RECOMMENDATION TO COUNCil. ON THE MATIER BEFORE AUGUST l , 1997 . Discussion reprding the funding. the payment process, some of the sutr s objections to recipients of the benefit. reasons for the Board's delay in proceedina with setting guidelines, and ability to meet with staff u well u Mr. Semple within a rearicted period of time . - MR. GRYGLEWICZ SECONDED . Ayes : y OUII& Bums. Gruninger, Gryllewicz, Lombardi, Seay ' •. •· • 0 I f(; , -' ',., I • • • Nays: None Absent: None The motion carried. NEW BUSINESS Consjdcration of Paul Jamiesoo's request for ,:erirement, Paul Jamieson, a firefighter since October 16, 1969, has resigned ed'ectM requested retirement benefits. Mil GRUNINGER MOVED TO APPROVE MONTHLY B.,.,.,,.,..,..,... FOil PAUL JAMIESON, BEGINNING APRll.. 20, 1997. MR. SECONDED. Ayes : Nays : Absent: The motion carried. Ayes : Nays: Ablmt: • t provided all the requested information. A letter Gruninger in Chairpenon Y ouna' s a1>tmee to notify them the benefit would be withheld or delayed if the requested MOVED TO DISCONTINUE 20% SUPPLEMENl'AL ENEFITS FOR JOHN BLANCHARD AND RONALD DEAN. IF ALL INFORMATION IS NOT RECEIVED . ALL BENEFITS WILL BE UPON RECEIPT OF INFORMATION. MR. SEAY SECONDED. Young, Bums, Gruninger, Gtyglewicz, Lombardi, Seay None None ••••• MEMBERS CHOICE 6 - ... • • 0 I ... ,.. . I ]- - • • • • . • ' .. Chairperson Young inquired about procedures necesury to c:omac:t City Council. Mr . Brotzman explained a copy of the recommendation would be sent to Caty Council with the meeting mimtes. The Board plans attend the July 7, 1997, City Council meeting. Mll. SEAY MOVED TO ADJOURN. Mll. GllUNlNGEll SECONDED . 0 Ayes: Young. Burns, Gruninger, Gryglewicz. Lombardi, Seay Nays : None Ablml: None .................. <>Sp.m. e, - PIS$ ............... 7 ,,, - ' I • . . . .. • • 0 , I - -- • . ' .. WILUAMM MERCER June 17 , 1997 Ms . Carol Wescoat Financial Services Coordinator City of Englewood 3400 South Elati Englewood, Colorado 80110 • • • Re : Actuarjal Srudv for the CiJY of Englewood Oki Hire Fire Pensjon Fund Dear Carol: I' - Our letter dated June 11, 1997, provided you with the recommended conaibution for the following proposed plan changes for ~ members: • improve the benefit formula, and • provide an automatic cost-of-living increase after retirement At the Board's request, we have determined the cost of the improvements separately. We should emphasize that the jncrease in cost of the combined improvements, as shown in our June 11 letter, is slightly more than the sum of the increase in costs of the two improvements separately. The Exhibits included in this letter are: Exhibit 1 a summary of the proposed changes in plan provisil.>ns and actuarial assumptions . E.'Cbibit 2 a summary of the increase in costs of the proposed changes. Exhibit 3 a detailed development of the recommended contribution . Exhibit 4 a summary of acruarial assumptions. If you have any questions regarding the attachments, please let us know . Sincerelv , eL~ PBL :LDG :NRS :ljg Enclosures H:\Q.11.'ff\l\-=--.OOC William M . l'tte<cer . lnc:o...,...- OM --C- 1700 ~ S-. S..ote 3300 Denwr. co lmOJ ""-3113131 7100 . , .. • • 0 '-I • • • ... EXBJIID' 1 SUMMAKY OP PROPOSED PLAN PROVJSIONS ANq ASSUMPTION CHANGES Current Plan: Study 1: Study 2: Current Plan and Study 1: Study 2: Ju outlined in Section 2.1 of the January 1, 1997, actuarial valuation report, including a lump sum death benefit of S 100 to active, terminated vested and retired members. As Current Plan with the benefit fonnula for active members as of January 1, 1997, increased to provide 2% of monthly salary for each year of service ifll:[ 20 years (up to a maximum tocal benefit of 74% of monthly salary); currently, 1% after 20 years of service (up to a maximum total benefit of 65% of monthly salary). As Current Plan with an automatic cost-of-living increase for active members after retirement based on CPI, but no more than 3%. As outlined in Section 2.4 of the January 1, 1997, actuarial valuation report. As Current Plan with a cost-of-living escalation of 3% per annum for active members . 1 - --------- . ' • . .. • • 0 ,_ -• -• 11 - ' ,. • ~-• ,, ,. - EXBIBff2 SUMMARY OF IIESULTS • January 1, 1997 P!reort•f ImP151 of lmmotefPKAb COLA Ogly Beaeftt Accrual ,,,..COLA" 1. I.ump sum Cost Increase in Present Value of Benefits 2 . Annual conqibution Cost Increase in Annual Conaibution: Normal Cost Amortization of Unfunded Over 40 Years From 1982 Total $,(82,522 OR S 7,433 $2,234,102 S 53,728 S 227,103 $2,880 ,518 S 63,842 ~ S 288 .286 "Based on the results presented in our letter dated June 11, 1997. The total cost is slightly more than the sum of the two improvements due to the application of the COLA to the increase in benefit accrual. 2 • . .. • • 0 I ,..,.. ~ I • ,. -. ' J -• • " · .. • (. EXHIBIT 3 DEVELOPMENT OF RECOMMENDED CONTRIBurJON ·• 11Dlll0'. I , 1227 CWTent tllll Sl!!dx I Study2 l. Present value of future benefits for: a. Retirees and beneficiaries s 6,150,902 S 6,150,902 s 6,150,902 b. Tenninaled vested members 366,404 366,404 366,404 .. C. Actives ~.7~Q.I~ 6'A2.6~1 7,9f4'AI d. Total present value of future benefits $·12.267,435 $12,749,957 S 14,501,537 2. Actuarial present value of future nonnal costs l22.1~7 J~~.17~ 4§6,322 3. Total actuarial accrued liability (Items I • 2) S 11,937,SU 12,394,712 S 14,015,138 4. Actuarial value of usets u of January 1 IIJll,162 IIJll,162 I IJl l,162 s. Unfunded actuarial accrued liability as of the beginning of the year (11mns 3 • 4) s 726,419 S 1,113,613 s 2,803,969 6. Normal cost u of beginning of year a. Amount s 112,255 s 119,611 s 165,913 b. As a pen:emqe of pay 12.0% 12.1% 17.1% 7. Level annual payment required to amortize unfilnded Kllm'ial ICCnlld liability over 40 years from January 1, 1912 : s 60,621 s 91,ns s 233,996 8. Total annual payment required to pay normal cost and amortize unfunded actuarial accrued liability over 40 years from January l, 1912: a. Amount () IIIIIIS 6a + 7) s 172,176 s 211,463 s 399,979 b . As a perc:ea1ap of pay 11.5% 23.4% 42 .1% 9. Cost of improvemems a. Lwnpsum,or s 412.522 s 2,234,102 b. Annual comributioa s 45,517 s 227,103 • • 0 3 - I ~" VI - · ... EXBIBD'4 SUMMAllY OP ACTIJARIAL ASSUMPTIONS 1. Interest rate 2. Experience -Active members a. Retirement b. Disability c . Mortality • • • . " • ' ' " 7-1/2% per annwn compounded annually, net of expenses. Age ;o and 20 years of service. Graduated rates for all disabilities . ~ 20 30 40 45 50 55 Annual Rate Per 1,000 Members 1.20 1.52 2.94 8 .00 14.00 17.20 1983 Group Annuity Mortality Table, loaded by .0005 for Fire and Police ~- Annual Rare .. Per 1,000 Members Mm femala 20 0.877 0.689 30 1.107 0.842 40 1.738 1.165 45 2.683 1.510 50 4.409 2.147 55 6 .631 3.041 o I •, ... • • 0 , I - - EDDBrr 4 (continued) SUMMARY OF ACTUAJUAL ASSUMPTIONS d . . Separation e. Earnings 3. Experience-pensionen a. Retired monality • • .. • .. .. Graduated rates. Annual Rate ~ Per 1,000 Members 20 30.0 30 28.2 40 10.5 45 5.0 50 2.1 55 0.0 Percent ~ Increase iD Eamina Mem Inflation I21il 20 3.0% 45% 7.5% 30 2.0% 4.5% 6.5% 40 1.0% 4.5% 5.5% 45 05% 4.5% 5.0% 50 o.;% 4.5% 5.0% 55 0.5% 4.5% 5.0% 1983 Group Annuity Mortality Table. s 50 55 60 65 70 75 80 Annual Rate Per 1 OQO McJPbers Mm fnoaln 3.909 6.131 9.158 15.592 27.530 44.597 74 .070 1.6"7 2.541 4.241 7.064 12.385 23.992 42.945 - "'~ ' ' , ' • • • 0 l -• • • I ]-. ,. ·, • <, l EXBIBrI' 4 (continued) SUMMARY OF AC11JAIUAL ASSUMPTIONS • b . . Disabled mortality 196; Railroad Retirement Board Totally Disabled Annuitants Ultimate Mortality Table. Annual Rate Per ~ l,QQQ Qiabl~ 20 44.06 30 44 .06 • 40 44 .12 45 44.81 50 48 .64 55 ;9.23 60 72.52 65 86 .70 70 103.63 75 126.34 80 154 .28 c. Surviving spouse morulity 1983 Group Annuity Mortality Table. Annual bee Per As l ,QQQ )kneficiaries ..Mak. ~ 50 3.909 1.647 S5 6.131 2.541 60 9 .1;8 4.241 65 15 .592 7.064 70 27530 12.385 75 44.597 23.992 80 74.070 42.945 d . Cost-of-living escalators • Current Plan and Study 1 None Study 2 3.0% per annum, after retirement (Actives Only) • • 0 6 - . . f __ I ' ' EXBJBIT 4 (continued) .. SUMMAJlY OP ACTUAIIIAL ASSUMPTIONS e. . Marital Srarus i) Percentage married ii) Age difference iii) Remarriage 4. Assumed expenses 5. Asset valuation • .. ,.. • ... ~ • ,. 90% male and female . Males are assumed to be three years older than females. None. None. " - An expected acruarial value is determined equal to the prior year's Actuarial Value of Assets plus cash flow (excluding realized and unrealized gains or losses) for the year ended on the valuation date and assuming 7 .5% inr.erest return. Twenty percent (20%) of any (gain)/loss as measwed by the difference between the expected actuarial value and the market value at the valuation dare ii added ro the pro;ected aauarial value plus prior years' unrecopized asset gains or losses . 1be (gain)/loa is amonized over five yesrs. The result is consnined to a value of 8096 ro 1~ of the market value at the v2iuation dare. 7 -· .IOC . , •. ' .: • • 0 - ORDINANCE NO . _ SERIES OF 1996 ' • 0 - A BILL FOR I• COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL IIBMBER _______ _ • AN ORDINANCE SUBMITl'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING THE CITY OF ENGLEWOOD AD VALOREM PROPERTY TAXES BE INCREASED $50,000 ANNUALLY AND BY AN ADDfflONAL AMOUNT THEREAFTER NOT TO EXCEED INFLATION AND LOCAL GROWTH WITHIN THE CITY AS DEFINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, FOR THE PURPOSE OF FUNDING AN INCREASED PENSION BENEFIT OF THE ACTIVE "OLD HIRE" FIREFIGHTERS TO 74% OF THEIR MONTHLY SALARY. WHEREAS, on June 11, 1997 the "Old Hire" Firefighten Pension Board voted t.o have this issue placed on the November 4, 1997 Ballot; and WHEREAS, this bill for an ordinance would submit t.o the registered voten of the City of Englewood a ballot question issue regarding an ad valorem property tax increase of $50,000 annually and an additional amounts thereafter not t.o exceed inflation and local growth within the City of Englewood; and WHEREAS, the purpoee of the funding ia t.o increue the t.otal penaion benefit of the active "Old Hire" Fireficbten &om the current 65.., t.o 74.., of their monthly 11a1ary through the impoaition of ad valorem property taxes t.o be levied at a rate which ia indlicient t.o produce the annual amounts; and WHEREAS, Article X, Section 20 oftbe Colorado Comtitution requinll that the City have voter approval prior t.o an increue in property tu or iDc:urriq any multi-year financial obligation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectigp 1. Punuant t.o the proviaiom of Jaw the City of Englewood hereby aubmita for a vote of the registered elect.on of the City of Englewood at the 1997 Municipal Election the following issue and the ballots for Aid election aball carry the following deaignation which shall be the submiuion clauae : SHALL THE CITY OF ENGLEWOOD TAXES BE INCREASED $50,000 ANNUALLY {WHICH DOLLAR AMOUNT INDICATES THE FIRST FULL FISCAL YEAR DOLLAR INCREASE) AND BY AN ADDfflONAL AMOUNT THEREAFTER NOT TO EXCEED INFLATION AND LOCAL GROWTH WITHIN THE CITY AS DEFINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONS'nTUTION, FOR THE PURPOSE OF FUNDING AN INCREASE IN THE TOTAL PENSION BENEFIT FROM 65 PERCENT (65..,) OF MONTHLY SALARY TO 74 PERCENT (74 .. ) OF MONTHLY SALARY FOR CURRENTLY EMPLOYED ACTIVE "OLD HIRE" FIREP'IGHTERS, THROUGH THE IMPOSfflON OF AD VALOREII PROPERTY TAXES TO BE LEVIED AT A RATE WHICH IS SUFFICIENT TO PRODUCE THE ANNUAL AMOUNTS SPBCIPIBD ,,,_ • . ,; •· • 0 , _ . 1r,., , ]- • • . (• • . . \. y ABOVE; SHALL THE CITY BE AUTHORIZED TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION REPRESENTING THE PENSION BENEFIT INCREASE APPROVED HEREIN AND FUNDED BY THE TAX INCREASE; AND SHALL ALL REVENUES FROM SUCH TAX (IN THE AMOUNTS SPECIFIED ABOVE) AND ANY EARNINGS THEREON (REGARDLESS OF AMOUNT) CONSTITUTE A VOTER- APPROVED REVENUE CHANGE? YES __ NO __ Sgtigp 2. Each elect.or votiq at Aid election and deeiroua of votiq aball indicate bis cboice by ~ the appropriate COUDt.er of the voting machine OI' by the appropriate marking upon paper ballota where uaed. S@ctima 3, The proper olliciala of the City of Enpewood aball cm notice of Aid pneral municipal election, such notice aball be publiabed in the manner and for the length of time required by law, and the ballots cut at such election aball be canvused and the result uc:ertainecl, determined, and c:ertfflecl u required by law. Se;tjqp f . If the ballot i-. ia app10tecl by a ma,iority oftbe reptered elect.on of the City, tbe authority of the City Council to ma-. tbe total peuion beadt of the active ·old Hire· Firefiahten from the c:arrmt 8K to 1,., of their mcmtbly aalary tbroacb tbe impoaitioD of ad valorem property tum to be Mied at a rate wbicb ia IUfllciaat to produce tbe annual amounts. Se;tjqp §. If a m-,jarity oftbe ................ oftbe City of.,.__ T0te DO fill' Aid propoaition the City Coaac:i1 will .. ---tbe total ....... bem8t dlroasll tbe imposition of. property tu. SecSicr ,. If any wtima, ............ ~ .. ---pca1:ima oftlm ...._ ia fDr my ..--beld to be inYalid • -• 1Ne, tbe iDnlidity • wwwwdaa Hlky 1baD aat dllct any of the rwnainin1 partiaa of tlm Cll'ltinam. lntrodaced, read in fbll, and ,-.I CID tint NMinc CID tbe 1th clay of hly, 1997. Publiabed u a Bill for an o..cm.-CID tbe 10th day of .July, 1997. Tbomu J. Burna, Mayor ATTEST: Loucriabia A. Billa, City Clerk • I •. ' .. • • 0 I - • • • · .. • <' I, Low:riabia A. Ellis, City Clerk of tbe City of Enciewood, Colorado, hereby certify that the above and forecoinc ia a true copy of a Bill for ID Ordinance, introduced, read in full, and paaed OD tint reading OD the 7th clay af July, 1997. Louc:riabia A. Ellis . ' .. •. • • I ' • 0 - • • • • • ,. COUNCIL COMMUNICATION D• AINda ... Jv/ty 7, 11187 11 a iv Cl lllllllllllllly I Frank -of Financ:lal SeNicN COUNCIL GOAL AND PREVIOUS COUNCL ACTION •• ... Sulljeot PropoNd BIii For All Otdll•ice Regarding Submluion To A Vota or The Regl9tared Elac:tors Of The City Of EnglNoocl Regarding PermlNion To Enter Into A Muti-YNt Financial Obllgatlon To PnMde Addlllonal ~ To Adlv.Clty Of~ ......... DnctDr Thia bil for an ordinance~ IUblnlt ID the ~ vallrs oil the Cly oil i...-,d • bllllot question requNting the City ID incur • mulll-yar oblipllon by adding an allDmlllc colt oil M«g (COi.A) ._ In l)(il'ISion benefits for curranlly amployed edlw "old hire" firefighters. City Council wll dllcl.-Ilia..,. et the tenlori held on July 7, 19117. R!COIIMENDE> ACTION 8latf --Ida Council epprvv. the ellached bll far an ordlnMN IUllmlllng ID • vole oil the registered voters of the City of~ ID Incur• rnulll-yw oblipllon to fund lnawed ._.. for "old 11ft" lrwlgllfela. BACKGROUND, ANALY818, AND ALTDNATNU ID!NTWIIE> The Texpeyw's Bill of Rights (TABOR) requna • ffllljoflly alllrmeave WIie of the,.........._. ID Incur,,,, mum-,., tlnanclel oblipllon debt (Mlc:le X. Section 20, 411). TABOR ello requna the UN oil tlgtllly COllllruc:IIII ...... In the ballot quNtion. Members of the Firelglleln' P...ion lwd we.I 4-2 ID...,.... Cly Counall ID !Mtllil on .. Na\...., 7, 1117 ballot. F9WC:IAL .. Aef T11e ....... .._ ..... ,... ... ., ..... ,...COLA ..... 111uao.ooo. TNa_._. ... _... -24 ,-. el•....._.. ..... Ollll rllaD.CIOO. 1'1111 .. •• 11Jr • ......_ propatra • on 11"11*\y _. In the Cly of~ lfllll ........... la 11111......-. noCOLA._.. .. lie~ UITa.ATTAa•mm PnlpoNd 1111 for an-*-- June 11, 111117 FINlgllln' Pension lwd ................ June 17, 11187 wa.n ... ...,_ Aduatel...., . , .. • • 0 - Members Absent: Others Present: • • t• . • ' .. FlREFIGHTERS PENSION BOARD MEETING June 11, 1997 oung, Gnminpr, Gtypwicz. Lomblrdi. Seay None Bums Mil GllYGLEWICZ MOVED TO APPROVE OF THE MINUTES OF TBE REGULAll PENSION BOARD MEETING OF JANUAllY 9, 1997. Mil GllUNJNGEll SECONDED . -Ayes : Nays: Ablenl: Young, Gruninger, Grypwic:z. Lomblrdi. Seay None Burns 11 - • .. ., • • 0 f " .. I • ,. -• • I• • • Mil GllYGLEWICZ MOVED TO APPROVE OF THE MINUTES OF TiiE JOINT PENSION BOARD MEETING OF FEBRUARY 18, 1997. Mil GRUNINGER SECONDED . Ayes : Nays : Absent: The motion carried. Young. Gruninger, Gtyglewicz, Lombardi, Seay None Bums Mayor Burm and Dan Brotzman arrived 4 :02 p.m. ••••• OLD BUSINESS .. V Young sugesred increuina the beae& to S400iS200 111d reqlaat that the aauuw repon apin after one year to -if tbe llada could the maximum benefit. It was determined that the Board will be able to the funds from the FPP A quarterly report. Chris OIIOn arrived 4 : l S p.m. Ayes : Nays : Absent: - y OWi& Bums, Gruninger, Lombardi, Seay Grypwicz None 2 ... ., • • 0 1 32 x l -• • l • • Pi2212,ion ofJepJ requimueots for the Board to pursue collectinl monies emu,eously mid to retirees or sumvgn Mr. Brotzman distnbuted a copy of a memo prepared by, Trent Johnson, Law Clerk. The memo ,efereuceS Colorado State Statutes 31-30.5-204 (1996). This section of Statutes addrelles the Board's fiduciary duty to preserve and protect pension assets. · duty includes coUection of monieS erroneously paid. Mr . Gruninger inquired about the diff'erences between Fire and Police Pension Aaocillion's (FPPA) spousal benefit and the Firefighters Pension Plan. FPPA provides for a named spousal beneficiary when the retiree selects a · Colorado State Statutes specify that the beneficiuy is the spouse. Disamion foUowed related to earnings. Mr . Gryglewicz R!Vlielll!d Mr . stated that it is possible to prepare a ballot queslion for the July 7,1997, City Council meeting. He reminded the Board thll the item would be pi .-eel to Council at the study session the same evening the ordinance would be read on 6nt reading. Mil GRUNINGER. MOVED TO PROCEED T AICING TIE PLAN DOCUMENT TO CITY cotmcn. Wl1H PROJECTED COSTS, FOR TIE JULY 7, 199'1, COUNCIL MEETING . TIE COST FUNDING REQUEST wn.L BE AS TIVO SEPAllATE BALLOT QUESTIONS. 1llE FDlST IS FOR TIIE COST OF UV1NG INCREASE wrra A 1lillEE PER.CENT PEil YEAR MAXIMUM, AND TIE SECOND IS FOil J " - • ' .. , • • 0 , ]- • 0 l • • - 1liE ADDmONAL BENEFIT FOR YEARS OF CREDITED SER VICE AFTER 20 YEARS . MS. LOMBARDI SECONDED . Discussion ensued regarding the payment for outside counsel. Mr. Brotzman stated the expense for outside counsel would be included in the City Attorney's budget. Mr. Landry agreed to provide the separate plan costs for each of the· benefits. Mayor Bums expressed concern with the number ofitems on the No and does not support proceeding with the requested item be on The motion earned. Ms. Lombardi stated her concerns with Brotzman and Mr . Gryglewicz exp because ofT ABOR and cannot oung sugested the discussion focus on procedures for determining the 20-/e Supplemental Disability. ,- Chairperson Young questioned what the Board should do next since there i1 an ordialnce in limbo regarding the guidelines. Mr. Brotzman swed tlm if the Board W111U to llllke recommendation to City Council they should make a morion explaining why the Bolrd would like to see a change in the proposed ordinance lquaae. Mr . Gryglewicz reminded the Board tlm City Council ia awaiting a letter ftom Mr. Seay. Mr. Brotzman stated tlm WU a ditferent iaue. • . •· • 0 , • 0 t• • '· Further discussion clarified the funding source for payment of20-/o Supplemental Disability in ordinance. Chairpenon Young commented that item G on the ordimnce refers to the State Death & Disability and how the contributions will be split between the City and the aft"ected employee throup the means that benefits are no.rmally addressed. Since the City's medlod is collective bargaining. his interpretation is that it should be separate the 20% Supplemental Disability issue . Discussion ensued regarding whether the 20-/o Supplemental Disability and ~~th' Disability should be in the same ordinance and that the ordimnce wu presemed attorney other than Mr. Brotzman with no input from the F"trefighters P--• The motion carried. GER MOVED TO REQUEST CITY COUNCll. TABLE 11fE ON 11fE 20-/o SUPPLEMENT AL DISABll.lTY TO ALLOW 11fE B STAFF TIME TO PREPARE A RECOMMENDATION TO COUNCn. ON TifE MATIER BEFORE AUGUST I, 1997 . Discussion reprding the funding. the payment process. some of the aff' s objections to recipients of the benefit, reasons for the Board's delay in pro cwi,. with seaina pidelines. and ability to meet with staff u well u Mr. Semple within a l'l!lll'icted period of time . ~ Mil GRYGLEWICZ SECONDED . Ayes : Young. Bums. Gruninger, Gryslewicz. Lombardi, Seay Pullplln ................. ., I· • 0 t( -'p~ , • "' -. . " ·, • .. r • Chairperson Young inquired about procedures necessary to contact City Council. Mr. Brotzman explained a copy of the recommendation would be sent to City Council with the meeting minutes . The Board plans attend the July 7, 1997, City Council meeting. MR. SEAY MOVED TO ADJOURN. MR. GRUNINGER SECONDED. 0 Ayes : Young. Suma, Gruninger, Gryglewicz, Lombardi, Seay Nays: None Absmt: None Meodnaodioumod • 6c05 p.m. 0 CarolWescoat Recording Secretary 7 0~ ny,,__._....._ • i • • • 0 ' 2 I WILLIAMM MERCER June 17 , 1997 Ms. Carol Wescoat Financial Services Coordinator City of Englewood 3400 South Elati Englewood, Colorado 80110 • • • I, Re : Actuarial Studv for the City of Englewood Old Hire Fire Pension Fund Dear Carol : Our letter dated June 11, 1997, provided you with the recommended contribution for the following proposed plan changes for ~ members : • improve the benefit formula , and • provide an automatic cost-of-living increase after retirement At the Board's request, we have determined the cost of the improvements separately. We should emphasize that the increase in cost of the combined improvements, as shown in our June 11 letter, is slightly more than the sum of the increase in costs of the two improvements separately. The Exhibits included in this letter are : Exhibit I a summary of the proposed changes in plan provisions and acruarial assumptions. Exhibit 2 a summary of the increase in costs of the proposed changes . Exhibit 3 a detailed development of the recommended contribution . Exhibit 4 a summary of acruarial assumptions . If you have any questions regarding the attachments , please let us know. Sincerely , ~!L~ PBL :LDG :NRS :ljg Enclosures William M . Me<cer. lncorgoratea One-c.nN< 1700 L,ncOffl SlrNc. 5.,,11 l30Q ~.co 80203 Phone 303131 7100 . ' - 0 • • 0 r ..,"~I - • • • • ·, • EXBJBrr 1 SUMMARY OF PROPOSED PIAN PROVISIONS ANI\ASSUMPTION CHANGES Plan l'roffllom Current Plan: Study 1: Study 2: Current Plan and Study 1: Study 2 : A3 outlined in Section 2.1 of the January 1, 1997, actuarial valuation report, including a lump sum death benefit of $100 to active, terminated vested and retired members. A3 Current Plan with the benefit fonnula for active members as of January 1, 1997, increased to provide 2% of monthly salary for each year of service 8[ 20 years (up to a maximum total benefit of 74% of monthly salary); currently, 1% after 20 years of service (up to a maximum total benefit of 65% of monthly salary). A3 Current Plan with an automatic cost-of-living increase for active members after retirement based on CPI, but no more than 3%. A3 outlined in Section 2.4 of the January 1, 1997, actuarial valuation report. A3 Current Plan with a cost-of-living escalation of 3% per aMum for active members . 1 - . , • . ' .. • • • 0 '-~ I ]- • • • EXBIBff2 S1JIOIAllY OP RESULTS -Jamaary 1, 1997 1. Lump sum cost Increase in Present Value of Benefits $482,522 2. Annual contribution Cost Increase in Annual Contribution: Nonna! Cost Amortization of Unfunded Over 40 Years From 1982 Total OR S 7,433 3&J..li $45,587 COLA <>ply $2,234,102 S 53,728 S 227,103 ,. Benefit Accrual n4COLA• $2,880,518 S 63,842 ~ S 288,286 ·Based on the results presented in our letter dated June 11, 1997. The total cost is slightly more than the sum of the two improvements due to the application of the COLA to the increase in benefit accrual. 2 wcna.e - ', • • 0 , I • ]- • • (. - EXHIBIT3 DEVEWPMENT OF RECOMMENDED CONTRIBtmON • January I, 1997 Current e1111 SDl!lx I Study 2 l. Present value of future benefits for: a. Retirees and beneficiaries s 6,150,902 S 6,150,902 s 6,150,902 b. Tenninated vested members 366,404 366,404 366,404 .. C. Actives ~.7~!2.122 6J32,6~1 7,984J31 d. Total present value of future benefits $·12,267,43S $12,749,957 S 14,S01,S37 2. Actuarial present value of future nonnal costs 32,2,847 3~~.17~ 486,399 3. Total actuarial accrued liability (Items I -2) S 11,937,SIB 12,394,782 S 14,0lS,138 4. Actuarial value of assets as of January I I IJlJ,162 11 .. 11.1~ IIJl l.169 s. Unfunded actuarial accrued liability as of the beginning of the yar (Items 3 -4) s 726,419 S 1,113,613 s 2,803,969 6. Normal cost as ofbqinnin1 ofyar a. Amount s 112,2SS s 119,611 s 165,913 b. As a percentap of pay 12.0% 12.1% 11.r1. 7. Level annual payment required to amortize unfunded ac:lmrial accrued liability over 40 yean from January I, 1912: s 60,621 s 91,775 s 233,996 I . Total annual payment required to pay nonnal cost and amortize unfunded actuarial accrued liability over 40 yean from January I, 1982: a. Amount (Items 6a + 7) s 172,176 s 211,463 s 399,979 b. As a percentap of pay 11.5% 23.4% 42.1% 9 . Cost of improvements a. Lump sum.or s 412,522 s 2,234,102 b. Annual contribution s 45,517 s 227,103 • • 0 3 - , ,,'\ V I ··-:· ,, - EXIIIBIT4 SUMMAKY OP ACTUAlllAL ASSUMPl'IONS 1. Interest rate 2. Experience -Active members a. Retirement b. Disability c. Mortality .. • • 7-1/2% per annum compounded annually, net of expenses. Age 50 and 20 years of service. Graduated rates for all disabilities. 20 30 40 45 50 55 Annual Rate Per 1.000 Members 1.20 1.52 2.94 8.00 14.00 17.20 1983 Group Annuity Mortality Table, loaded by .0005 for Fire and Police experience. 4 20 30 40 45 50 55 Annual Rate Per 1.000 Members Mm femeles 0.8'i7 1.107 1.738 2.683 4.409 6.631 0.689 0 .842 1.165 1.510 2.147 3.041 - \ ' ' .. • I • • 0 - -.. EXBIBrr 4 (continued) SUMMAJlY OF ACTUAIUAL ASSUMPnONS d . . Separation e . Earnings 3. Experience -pensioners a. Retired mortality • • • ' ,. Graduated rates . Annual Rate -Per 1.000 Members 20 30 .0 30 28 .2 40 10 .5 45 5.0 50 2.1 55 0.0 Percent -lngeas iD EamiDi1 Mm lnfllliQn I2W 20 3.0% 4.5% 7.5% 30 2.0% 4.5% 6.5% 40 1.0% 4.5% 5.5% 45 0.5% 4.5% 5.0% 50 0 .5% 4.5% 5.0% 55 0.5% 4.5% 5.0% 1983 Group Annuity ~onality Table . 5 50 55 60 65 70 75 80 Annual Rate Ps;r 1,000 McPJhm Miki frrneln 3.909 6.131 9.158 15 .592 27 .530 44.597 74 .070 1.647 2.541 4.2•U 7.064 12.385 23.992 42 .945 -~-----· ~-. ' • < .. • . ' • .. • • 0 '--.. 1 • "'~ 'I -~ • ' • t• • ~ ~ . ' <. - EXHIBIT 4 (continued) SUMMARY OF AcnJARW. ASSUMP110NS • b. . Disabled mortality 196; Railroad Retirement Board Totally Disabled Annuitants Ultimate Mortality Table. Annual Rate Per 4K 1.000 Disabled 20 44 .06 .. 30 44.06 40 44.12 45 44.81 50 48.64 55 59 .23 60 12.;2 6; 86.70 70 103.63 75 126.34 80 154.28 c . Surviving spouse mortality 1983 Group Annuity Mortality Table . Annual bee Per 4K 1,000 Beneficiaries ..M*.. ~ 50 3.909 1.647 55 6.131 2.541 60 9.158 4.241 65 1;.592 7 .064 70 21 .;30 12 .385 75 44 .597 23.992 80 74 .070 42.945 d . Cost-of-living escalators • Current Plan and Study 1 None Study 2 3.0% per annum, after retirement ., (Actives Only) • • 0 6 , ~• ]- l • • • • <, Nays: None Absent: None The motion carried. NEW BUSINESS Consideration of Paul Jamieson's request for retirement, The motion carried. Ayes: Nays : Absent: 1..,:11p::na . provided all the requested information. A letter Gruninger in Chairperson Youna's abtenee to notify them the benefit would be withheld or delayed if the requelled MOVED TO DISCONTINUE 20% SUPPLEMENTAL ENEFITS FOR JOHN BLANCHARD AND RONALD DEAN, IF ALL INFORMATION IS NOT RECEIVED . ALL BENEFITS Will. BE UPON RECEIPT OF INFORMATION . MR. SEAY SECONDED . Young, Bums. Gruninger, Gryglewicz, Lombardi. Seay None None The moti~ed. • •••• MEMBEllS CHOICE 6 • .. i •· • 0 f __ I ]- EXBJBrr 4 (continued) SUMMARY OF ACnIAIUAL ASSUMPrIONS 4. 5. e. . Marital Status i) ii) iii) Percentage married Age difference Remarriage Asset valuation • • • <. 90% male and female . '. ,, Males are assumed co be three years older than females . None . None. An expected actuarial value is derennined equal to the prior year's Actuarial Value of Assets plus cash flow (excluding realized and unrealized gains or losses) for the year ended on the valuation date and assuming 75% interest return . Twenty percent (20%) of any (gain)/loss as measured by the difference between the expected actuarial value and the market value at the valuation date is added to the projected actuarial value plus prior years' unrecognized asset gains or losses. The (gain)/loss is amortized over five years. The result is constrained to a value of 80% to 120% of the market value at the valuation date. 7 .. --.-. ' . ' .. • • 0 • ORDINANCE NO . SERIES OF 1996 • 0 • BY AUTHORITY A BILL FOR COUNCU.. BILL NO. 70 INTRODUCED BY COUNCIL MEMBER~~~~~~~- AN ORDINANCE SUBMI'ITING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECl'ION A BALLOT ISSUE AUTHORIZING AN INCREASE IN THE AD V ALOREM PROPERTY TAXES OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING AN AUTOMATIC COST-OF-LIVING INCREASE IN THE PENSION BENEFITS OF THE CURRENTLY EMPLOYED ACTIVE "OLD lllRE" FIREFIGHTERS. WHEREAS, on June 11 , 1997 the "Old Hire" Firefighters Pension Board voted to have this issue placed on the November 4, 1997 Ballot; and WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding an increase in the ad valorem property taxes of the City for the purpose of financing an automatic cost-of-living increase in the pension benefits of the currently employed active "old hire" firefighters; and WHEREAS, the ad valorem property tax increase of $250,000 annually and by an additional amount thereafter not to exceed inflation and local growth within the City as defined in Article X, Section 20 of the Colorado Constitution; and WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to an increase in property tax or incurring any multi-year financial obligation; 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 submita 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 lhall carry the following designation which shall be the submiuion clause : SHALL THE CITY OF ENGLEWOOD TAXES BE INCREASED $250,000 ANNUALLY(WHICH DOLLAR AMOUNT INDICATES THE FIRST FULL FISCAL YEAR DOLLAR INCREASE) AND BY AN ADDmONAL AMOUNT THEREAFTER NOT TO EXCEED INFLATION AND LOCAL GROWTH WITHIN THE CITY AS DEFINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, FOR THE PURPOSE OF FUNDING AN AUTOMATIC COST-OF-LIVING INCREASE IN PENSION BENEFITS FOR CURRENTLY EMPLOYED ACTIVE "OLD HIRE" FIREFIGHTERS, THROUGH THE IMPOSmON OF AD VALOREM PROPERTY TAXES TO BE LEVIED AT A RATE WHICH IS SUFFICIENT TO PRODUCE THE ANNUAL AMOUNTS SPECIFIED ABOVE; SHALL THE CITY BE AUTHORIZED TO ENTER INTO A MULTIPLE-FISCAL YEAR OBLIGATION REPRESENTING THE COST-OF-LMNG INCREASE APPROVED HEREIN AND FUNDED BY THE TAX INCREASE; AND SHALL ALL REVENUES FROM SUCH TAX (IN THE AMOUNTS • ..... • .. ... I· • 0 ' QI - - • " • C• • '· SPECIFIED ABOVE) AND ANY EARNINGS THEREON (REGARDLESS OF AMOUNT) CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES __ NO SediiOD 2. Each elector voting at said election and desiroua of voting shall indicate bia choice by depreaing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where uaed. Soc;tigp 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be publilbed in t.be manner and for t.be length of time required by law, and the ballot& cut at such election shall be canvuaed and the result ascertained, determined, and certified u required by law. Section,. If the ballot iuue ia approved by a ~ty oft.be reristered. electors oft.be City, the authority of the City Council to increue in t.be ad valorem property tum oft.be City for the purpose of financing an automatic coat-of-livinc increue in the penaioD benefit. of the currently employed active "old hire" firefipten for t.be City of Englewood. Section 5. If a majority oft.be reristered. electors oft.be City of Englewood vote no for said proposition t.be City Council will not i.ncreue in t.be ad valorem property tum oft.be City for the purpose of financing an automatic coat-of-livinc increue in t.be pennon benefita of the currently employed active "old hire" fire8ghten for the City of Eqlewood. .. Sectjgn 6. If any aection, parqraph, clauae, or other portion of t.bia ordinance ia for any reason held to be invalid or unenforceable, t.be invalidity or unenforceability ab.all not affect any of the remaining portiona of this ordinance . Introduced, read in full, and puaed OD fint rNmJII OD t.be 7th day of July, 1997 . Published u a Bill for an Ordinance OD the 10th day of July, 1997. Tbomu J . Burm, Mayor ATTEST : Loucriahia A. Ellia, City Clerk ,-----..-.~~ I "' -. ' • ' .. .. • • 0 I • • • ~- I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and f'oreaoinl is a true copy of a Bill for an Ontinanc:e, introduced, read in full, and pueed on flnlt reading on the 7th day of July, 1997. Loucriahia A. Ellia ·------' • ~-. •, .... .. • • 0 , __ I. ]- - • • • • 11 a V ORDINANCE NO . _ SERIES OF 1997 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 71 ::110»~~ 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, THB QUALIFICATIONS FOR MAYOR AND CITY COUNCIL MEMBERS, AND THE CRITERIA FOR COUNCIL DISTRICTS. WHEREAS, the Mayor is recognized aa head of the City government for ceremonial purpoeea and is often called upon to represent the City; and WHEREAS, the po11ition of Mayor is now appointed by the City Council and aa such may have been elected by only one district of the four districts of the City; and WHEREAS , the citizens would be more fully and clearly represented by a Mayor elected directly by voters &om all the districts; and WHEREAS, certain modificationa have been propoll8d to prohibit a candidate &om running for the poeition of Council Member and Mayor in the same election; and WHEREAS, certain modifications have been propoll8d to diaallow a current Council Member &om running for the poeition of Mayor without resigning office in ~ allow election of their poeition; and WHEREAS, certain modificatiom have been made to require uperience oo Council before running for Mayor bec:aUN tbe Mayor muat immediately besin running Council meetinp and performin, dutiee requirin, more ~ involvement than other Council Members; and WHEREAS, the propmecl modificatioo Ntting forth a minimum of two years of Council participation prior to becoming Mayor bean a reuoaable nlatioaahip to the goal of Council experience; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S@ctigp 1 There is hereby IUhmitt.ed to the repat.ered elec:ton of the City of Englewood at the nut achecluled pneral municipal electiOD , propoeed amendments to the Charter oft.he City ofEngl-oocl, u followa: -1- •. .. • 0 , - 19: THE COUNCIL • 0 - Question No · ARTICLE III LEGISLATIVE BODY I• The legislative affairs of the City shall be vested in a Council collllisting of ONE MAYOR ELECTED AT LARGE AND-SIX ee-eilmea COUNCIL MEMBERS, one to be elected from each of four districts and the remaining ihPee TWO to be elected at large. 20 : DISTRICTS Council shall establish four Council Districts befere Ma, l, 1959. Such districts shall be contiguous and compact and SHALL BE ESTABLISHED BY SUCH CRITERIA AS IS AUTHORIZED BY LAW. ha.e appr1111i111Mel, .ite aame a11111her ef regieNreel , eiera, ae M~M h, tee 11:11111:her regieNreil N , eie ai ihe preeeaiftr renerel 11111:Bieipel eleetien. The , arillfteee ill 1111mher ef replW!reel , aiera ehall aM he gl'eMei' ... &Aeea peteeM he•eea the _..e• wi~ ~e highe8' a11111ller ef reci*rea .11Mr11 llllli ~ _.." wi~ ~e )eweai Btllllher sfregieNreil ,Mere. Buer, fem ,ear thereafter, eliuiai9118, ehaage11, llllt& e11M111iaMi11M 11hel:l l,e 111aae .,, .ate s11-eil M efU")' lllli ~ mMa• ef ~ !diele. Hereafter, B11eh Redistricting shall be completed at least six months before the general municipal election at which it is to become effective. 22: TERMS Terms of THE MAYOR AND Councili--MEMBERS shall begin at 8 :00 P .M., on the day of the nut regularly echeduled City Council meeting following the election. Seven Council..-e MEMBERS shall be elected at the-,mtH" GENERAL City election to be held on the first Tueaday after the first Monday in November, 1959. The candidate receiving the hipest number of votes from District 1 and the candidate receiving the highest number of votes from District 3 shall hold office for four yean, and the candidate receiving the highest number of votes from Dilltrict 2 and the candidate receiving the highest number of votes from District 4 shall hold office for two yean. The two candidates at large receiving the hipest number of votes shall eerve for four yean, and the candidate at tarp receiving the third highest number of votee shall aerve for two yean. Thereafter, IN 1999 ONE AT LARGE POSfflON SHALL BE DESIGNATED AS THAT OF THE MAYOR . All __ ..._ eleeMa COUNCIL MEMBERS shall serve a term of four yean UPON ELECTION, THE MAYOR SHALL SERVE A TERM OF FOUR (4) YEARS and a general municipal election shall be held at two-year intervals. •The remainder of this Section shall remain intact unleu modified by another ballot question . -2- •. - ... •· • 0 , - - • • t~ • ' ~. - 23 : QUALIFICATIONS OF COUNCILPBR88NB MEMBERS AND MAYOR No pel'IIDD shall be eligible for the office of MAYOR OR Councilpenee MEMBER unl8118 at the time of the election the penon ia a citizen of the United States, at least twenty-ONE-6¥e (115 21) years of qe, shall have been for one year immediately preceding such election a regiatered elector of the City. Council.---MEMBERS elected by Diatricta shall alao be reaidenta and registered electors of their districts. No member of the Council shall hold any other public office or employment for which compelllllltion ia paid &om any municipality. NO PERSON SHALL BE A CANDIDATE FOR THE OFFICE OF MAYOR AND ALSO BE A CANDIDATE FOR COUNCIL MEMBER IN THE SAME ELECTION. A CURRENT COUNCIL MEMBER SHALL NOT BE A CANDIDATE FOR THE OFFICE OF MAYOR WITHOUT RESIGNING AS A COUNCIL MEMBER IN SUFFICIENT TIME TO ALLOW AN ELECTION OF THAT POSITION. TO BE ELIGIBLE FOR THE OFFICE OF MAYOR A CANDIDATE MUST HAVE HELD A POSITION AS AN ENGLEWOOD COUNCIL MEMBER FOR A MINIMUM OF TWO YEARS. 24: PRESIDING OFFICER .\Aer 1allll .--.I• ilJip I 1Julli1a, the Q11acil b JJ eleet iwww their -wall er a THE Mayor..,. will be the prNidiD( officer entitled to vote. HeTHE MAYOR shall have no Yet.o powel'. _. b D -ue ath will eithe Gewaeil . He THE MAYOR shall be rwmpiw u bwl of the City Government for all ceremonial purpma aad ...U -te ad authenticate legal instrument& requirill( w lipatan u ncb official. 25: MAYOR PRO TEM After each general municipal eJec:tiaD, the Council lhall elect a lla:,or pPro Cl'em, who shall act u Mayor duriq the...._ altbe llayar. SectiAD 2 Tbe votinc macbiw, paper ballco DI' mail ballco far aaid election shall carry the followinc desipation which lhall be the .. 1bmiwion clauae: 9:wtim No Shall the Chart.er' al the City al Enpewood be ammded to nqnire the popular elec:ticm of Mayor; to chanp the qualiftcationa far Mayor and City Council llmnben; and to chanp the criteria for Council Diatricta. ___ y. ___ No stdiim a. Each elector votinc at aaid election ad deairoua of votinc shall indicate hia choice by ~ the appropriate counter al the votinc machine or by the appropriate markin, upon paper ballota where uaed . -3- 6' - • • • 0 , I ]- • • ~ . • ' ---~~-""--- 5ed;igp 4 'Die proper officials of the City of Englewood lhall give notice of Aid general municipal election, such notice lhall be publiabecl in the manner and for the len,tb of time niquired by law, and the balloa cut at such election lhall be canvaued and the l"IIIIWt ueertained, det.ermined, and c:ertifted u niquired by law. Sgtigp 5. Only if the queatiaD ia aPfll'C'"d by the reptereci e1ecton of the City of Englewood lhall the Article be lllll9Dded and the Charter, u amended, c:ertifted to the Secretary al State. 5ed;igp 8. If any Ndioo, paracrapb. claUN, or other porticm of this Ordinance ia for any 1"N8m held to be invalid or UDellfim:Nble, the invalidity or unenfon:eability shall not affect any of the remaining portiom of this Ordinance. Introduced, read in full, and palled cm &nt reading on the 7th day of July, 1997. Published as a Bill for an Ordinance OD the 10th day of July, 1997. Thomu J . BUl'DII, Mayor ATTEST: Louc:riahia A. EQia, City Clerk I, Loucriahia A. Ellia, City Clerk al the City of Bnpwood, Colorado, hereby certify that the above and foretainl ia a true copJ of a Bill tbr an OrdiDanat, introduced, read in full, and .,...ect OD flnt reading OD the 7th day of July, 1997. -4- "~ . , .. • • f --I - ORDINANCE NO. _ SERIES OF 1997 • • • (. BY AUTHORITY A BILL FOR t• COUNCU. BILL NO. 72 =~~,P: AM OIIDIN.ANCB SUBMffiiNG TO A VOTE OP '1'1111 IUIGJSTIIIUID BL8CTOBS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL IIUNICJPAL BLBCl'ION A PROPOSBD AIIBNDIIBNT TO THE CHAllTD OF THE CITY OF ENGLEWOOD DELETING TERM UMITS. WHEREAS, by the pauage of Ordinance No. 30, Seri1111 of 1991 the Englewood Home Rule Charter was amended setting term limits for Council Memben; and WHEREAS, the City Council believel it appropriate that thc.e dedicat.ed to aerve be able to do so longer than the c:urnmt term limitatiom provide; and WHEREAS, the Englewood City Council believ1111 that the citizens u a whole ahould determine Council Member tenure; and WHEREAS, the City Council no lonpr deems it neceuary to continue with term limitations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1 There ia hereby aubmitt.ed to the retpaWed elec:tDn al the City of Englewood at the ne:rt IICbeduled pneral municipal election, propoaed amendment to Article Ill, Section 22, of the Englewood Home Rule Charter, u follows : (1) ht erller '8 hFBM• lhe a,,....._ fer ,-lie -uiee • '8 ,_.. ...-• 1•1111iue HBI_..Mi_ efpe•a, aa •••lier efQw,, Gawil b lJ w ue •-* ... 11B111Mi:e .._ ia •• 1•11. 'l'lliil limitMiaa • lhe -lier ef •-b P .,,., '8 awww ef •••• 11,y · 1•araAarNa,-•i, 1181. ,._,.,._wha1a1111••1he a•ee efQit:, 6a•llil II••• aria •H••NII ar al••••• 611 a•11•1y aail wha ea, ,1111 .. lwt -halfefa ... ef ,au, b lJ ha 1111ihnll '8heue eaPCallafwlmaia.._. ••n ferpeap1111 eftllianll111ti•. 'fel'lll8 are nMiliarM HB111••·• al111 ._, -.. 1_. lw,... ...... -The remainder of thia Section ahall remain intact un1-modified by another ballot question . Sec;tigp 2 The votine machin1111, paper ballotl or mail ballota for aaid election ahall carry the followinc deaipation which ahall ba the 111bmiMiOD clauea: -1- " - 11 I Yi • • 0 , I - - • • c~ • t. Queation No Shall the Charter of the City of Englewood be amended to delete term limita for the office of Mayor and Council Members. ___ Yea ___ No Sec;tjrm 3. Each elector voting at said election ud cleairoua of voting llball indicate his choice by depreaing the appropriate counter of the votin, machine or by the appropriate marking upon paper ballots where uaed . Se!;tiop 4 The proper officiala of the City of Englewood shall 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 shall be canvassed and the result ascertained, determined, and certified as required by law. Ses:l.imL.5 . Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended ud the Charter, as amended, certified to the Secretary of State. Sec;tjrm 6 . If any aection, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenfon:eability shall not affect any of the remaininc portions of this Ordinance. Introduced, read in full, and paaaed on &nt reading on the 7th day of July, 1997 . Published as a Bill for u Ordinance on the 10th day of July, 1997. Thomas J. Bums, Ma:,or ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of En,lewood. Colorado, hereby certify that the above ud foreroing is a true copy of a Bill for u Orclinanee, introduced, read in full , and puaed on &nt reading on the 7th day al July, 1997. -2- 6' - ' . , • . ... .,; • • 0 , I ]- • "'~ 0 I • • - COUNCIL COMMUNICATION Data Agendallam Subject July 7, 1997 Second reading for proposed bil for 11 b i an ordinance making changes to Tille 3, Chapter I, Faefigl\1erl' Pension Fund and Pwmanent .... Benefits. Initiated By Staff Source Financial Services Department Frank Gryglewlcz, Director Administrative Services Tom Kershlsnlk, Manager of Administrative Operations Martin SemDle Attorney at Law COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This bill for an ordinance makes changes Title 3, Chapter I, Firefighters' Pension Fund and Permanent Disability Benefits. City Council passed this proposed bill for an ordinance on May 5, 1997. Subsequently, City Council tabled this ac:tlon until they could get more Input from concerned firefighters and the Firefighters' Pension Board. RECOMMENDED ACTION The Firefighters' Pension Board made a motion at its June 11, 1997 meeting to recommend separating the issue regarding the funding of the 2 .4 percent death and disability payment. Also, the Board moved to present the Council with its own proposed changes to the City Code by August 1, 1997. Staff and outside counsel recommend City Council approve this bill for an ordinance on second reading . Ordinance Number 31 , Series of 1997, was pasted on second reading on May 11, 1997 wtlid'I Allales to the Police Officers section of the Code. The changes to the Police Offlcers section is the exact language contained In tllis proposed ordinance for fireflghlers. The F1eflghler's Pension Bollnl may propoee ttlelr own changes to tllis Code section to Council at a later dale. Cly Council may wish to consider the proposal and tau any actions necessary at that time . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED Prior to January 1, 1997, the State of Colorado paid for, and administered the SUllewlde dealh and dlsabillty program for police officers and firefighters. All death and disability premiums for police offlc:ers and firefighters hired after January 1, 1997, must be funded by the employee, enllty , or some combination to the two . In conjunction with these changes, staff researched other City of Englewood disability related beneflls which led to the changes made by this bill for an onfinance. This bill for an ordinance addresses the fifty-fifty split of the cost to fund future firefighters dealh and disability premiums, and the cut-off date for eliglblllty for the twenty percent ~) dllabillty dilCIIUlld below. Under 3-1-1-2 of the Cily of Englewood Code, a firefighter "who, as a l'8IUll of Injury or Illness, is rendered permanently disabled , there shall be paid to suc:h officer, out of the "Self.lnaurance Fund", defined in Tille 4, Chapter 3, Section 7 , of this Code, a monthly benefit equal to twenty percant ~) of 1111/tw baa ulary !*IS longevity , wtlid'I he/she was eam1ng al the time thal he/she incurred such diublllty. Sudl payment lllall be in addition to any benefits payable to the firefighter from the statutory Fireflghlen' Pension Fund." This benefit is administered by the Firefighters' Pension Boald. ...... • . •· • 0 f • • • . t .. '. ,. Allo, 3-8-2-2-8 provides thal the "flnlflghter must. at the time of his/her llfllllclillon therefor, be pennanenlly dlubled fnlm performing the duties of any occupallon for whldl the llletlghlar, a,, reason of hlslher educlillon, training and experletice, would be capable of performing but for the Injury or Illness Involved.• This language has lad to various cancluslons and lnterpretalionl. TM language "for whldl the flreftgtts, a,, reason of hlslher aducatlon, lnllnlng and experience, would be capable of performing but for the Injury or lllnass Involved" has bNfl '9ffl0Ved. TM andanl In mlenntlllng wlMllllllr a lllllflgtllel qmlllas for the twenly percent blnefll la add! 111111 In .. propollld 3-8-1-2-C . TM standard la the .... • tllal 11111d br Ille Stale BoanS In datennlnlng ......... total dllllbllly and l9lll*N m lndapendanl medical vwtllCllllon of Ille dlulllllly 1111111 be provided a,, • pllfliclal, ........ a,, Ille Cly. Hopafuly, tlleN cliangN w11 clartfy Ille undardl In awarding 11111 supplamalal ....... TM Fllw.lgll1al1' Penllol'l loard ma, ~ Ille Cly Council wllll proposed cllangN to 11111 onlnance 111111 ma, ba llMII lnlo co.llidalllllon at .... data. FWllfMCIAL .. ACT n.. .. no s,r-.t and dnc:I tlnanclal lmpec:ll ,.......,g tlleN Code cllanges, but agnllk:anl axpandilur9I coulll ba lncund It 11111 blnefll la not admllilllllad wlll PfOPIII" guldellnas. UST OF ATTACHMENTS Copy of 1111 for m Ofdlnance .. • • 0 , I - ] • • ORDINANCE NO. _ SERIES OF 1997 . ' • 0 ,~ - ,, Y HORJTY ~ J(6-i /"' /' ' OUNCIL BILL NO . 40 eotl'.1mll:1t. s9 AN ORDINANCE AMENDING 'lTl'LB 8, CIIAP'l'Ell 8, SBC'nON 1, SUBSBCTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO PIBBFIGIITDS' DISABILITY BENEFITS. WHEREAS, for all firefighters hired on or after January 1, 1997, the State of Colorado baa mandated that the contribution t.oward the coat of death and diaability pension benefit shall no longer be paid by the State of Colorado, but shall be paid through the local jurisdiction; and WHEREAS, Section 31-31-811 (4) of the Colorado Reviaed Statut.es requires that the determination regarding the ..-ment for the coat of death and diaability pension for firefighters hired on or after January 1, 1997 shall be made at the local level; and WHEREAS, punuant to Section 31-31-811 (4) of the Colorado Reviaed Statut.es, representatives of the City conferred with representatives of the firefighters regarding how funding of the death and diaability pension for firefighters hired on or after January 1, 1997 ia to be uaeued; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjgp 1. The City Council of the City of Englewood, Colorado hereby authorizes the ammding of Title 3, Chapter 8, Section 1, Subeecam 2, of the En,lewood Municipal Code 19811 t.o Ned u follawa: A . Ill •lier• • .,,1 e t the illna1 fll-, • 1;011, ..... • • ••1111 fllia,i-, er illew, IN ORDER TO SUPPLIDIENT TIIB INCOME OF ANY FIREFIGHTER HIRED ON OR BEFORE DECEMBEP. 31, 1996 WHO, AS A RESULT OF IN.JURY OR ILLNESS, ia nadend .....-tly disabled, there shall be paid to aucb officer, out of the "Self-Iuurance Fund", cleftned in Title 4, Chapter 3, Section 7, of thia Code, a maathly bmeftt equal t.o twenty percent (2<>'1,) of hialber hue aalary plua lonpvity, which ba/abe wu earning at the time that ba/abe inc:uned aucb cliaahility. Such payment ab.all be in addition to any beneftta payable t.o the ftreftpter from the atatut.ory Firefightera' Penaion Fund . B . In order t.o be eligible t.o ..-ive auch paymmt, the flndlcbier mUlt, at the time of hi.alber application thenfor, be permanmtly cliaabled from parforminc the dutiee of any occupation. -...... 1;0 . .., ...... ...... eli•eatiea, tr · · 1aali -,1riaa11, u.Wi. 11,a•h fll,ak I ,wr.. the-.;-, er illean ill.ah-. la .. ._ · · I .... ..._ -, • llltta ii• ,. ........ , ~ ....... .., ~ ... iii.,, tali.., --iai-, -.,, •Mlh ............ •11;, ..... ,1 ,... ·-.. -· b ,, ... Iii••••······ -1- " - • . • ... •· • 0 t,-," l ] • • 0 • C . THE STANDARDS APPLIED BY THE FIREFIGHTERS' PENSION BOARD IN DETERMINING WHETHER A FIREFIGHTER IS PERMANENTLY DISABLED FROM PERFORMING THE DUTIES OF ANY OCCUPATION AS SPECIFIED IN SUBSECTION B SHALL BE AT LEAST THE SAME AS THOSE STANDARDS APPLIED BY THE STATE BOARD IN DETERMINING PERMANENT TOTAL DISABILITY AND AN INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY. G. D. Payment to the firefighter of such benefits shall continue on a monthly basis, subject to the following conditions : 1 . Payment of such benefits shall cease upon the date that the firefighter would have been, but for his/her disability, eligible to receive normal, nondisability retirement benefits from the Firefighters' Pension Fund; 2 . Payment of such benefits shall cease should it be subsequently determined that, by reason or retraining, improvement in condition, or for any other reason, the firefighter is no longer permanently disabled from performing the duties of any occupation for which he/she is qualified; and 3 . There shall be deducted from the amounts payable hereunder an amount equal to any income earned by the firefighter as a result of personal services (either as an employee of another or on his/her own behalf). D . E. The Firefighters' Pension Board is hereby granted the authority and jurisdiction to issue regulations, not inconaiatent with the terms hereof, designed to carry out the purpoee of this Section, and to hold hearinp, take evidence, receive information and to make final and binding decisions, awards and resolutions respecting the elilibility of firefiptera for initial and continued payment of benefits hereunder. 8 . F. The monthly amounts neceuary to pay the permanent diaability benefits previously awarded shall be transferred from the Firefighters' Pennon Fund to the Self-Insurance Fund. The balance of funds rem•ioing in the Penaion Fund after all current recipients have ceaaed receivinf 1uch benefita, will be used to reduce the unfunded liability in the Firefighters Pennon Fund. Future awards will be paid directly from the Self-Insurance Fund. G . FOR FIREFIGHTERS HIRED ON OR AF"l'ER JANUARY 1, 1997, THE CONTRIBUTION REQUIRED BY SECTION 31-31-811 (4), C .R.S ., SHALL BE ASSESSED EQUALLY AGAINST THE CITY AND SUCH FIREFIGHTER SO THAT FIFTY PERCENT (50..) OF THE CONTRIBUTION REQUIRED BY THE STATE SHALL BE ASSESSED AGAINST THE FIREFIGHTER AND FIFTY PERCENT (~) SHALL BE ASSESSED AGAINST THE CITY. Introduced, read in full , and puaed on tint rudini on the 5th day of May, 1997 . .. .... -2 - • •. - ... •· • 0 I • • • . . Publiahecl aa a Bill for an Ordinance on the 8th day of May, 1997. Read by title and paaeed on final readinc OD the 7th day of July, 1997 . Publiahecl by title aa Ordinance No .__, Series of 1997, OD the 10th day af July, 1997. Thomas J. Buma, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk af the City af Enpwood. Colorado, hereby certify that the above and foreauinl ia a true copy of the Ordinance puaecl OD flnal reading and published by title aa Ordinance No .__. Series of 1997. -3- ,.. .. ' ' .. • I •. • • 0 ]- • 0 • ' AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 7, 1997 7 :30 P.M. 1. Call to order. 2. Invocation . ~--- 3. Pledge of Allegiance . 4. Roll Call . 5. Minutes. Minutes from the Regular City Council Meeting of June 16, 19 Minutes from the Special City Council Meeting of June 30, 1997. I' - .. • • 0 • • ~ • 0 • to the Englewood Cultural Arts i. Council BIii 63 -Recommendation from the Department of Financial \.../'" Services to adopt a bill for an ordinance 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. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ii. Council 811114 -Recommendation from the Department of Financial / Services to adopt a bill for an ordinance 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. STAFF SOURCE: Frank Gryglewlcz, DINCtor of Flnalclal Servlcea . iii. Council BIii 65 -Recommendation from the Department of Financial v Services to adopt a bill for an ordinance 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 . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servk:N. iv. Council BIii 66 • Recommendation from the Department of Financial v' Services to adopt a bill for an ordinance placing a question on the November 4 , 1997 ballot requesting issuance of debt to, Improvements to the City's water system . STAFF SOURCE: Frank G.,..._lcz, Director of Financial Services. PINN nClla: I you haw• dl11bay and need audlsry .._ or •.1111, ,._ nomy .. Clly ol EngllimON (712-2405) al INal 41 hours In advanoe ol WMn NrvloN .......... 1-* ,au. ..... ,. - • D .. I • • 0 , - • • • ,- 0 I• • ' City Council Agenda July7, 1117 P ... 3 V. ~vi . Council BIii 62 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with the U.S. Environmental Protection Agency for Brownfields grant funding. STAFF SOURCE: Mark Graham, Neighborhood Community Coordinator. · Council IHI 51 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with US West to cross City Ditch with telecommunications cable in conduit. STAFF $0URCE: Slawart H. Fonda, Dnctor of Utilities. vii. Council BIii 59 -Recommendation from the Utilities Department to adopt a ._..,....-bill for an ordinance approving Southgate Supplement #132. STAFF SOURCE: Stawart H. Fonda. Director of Utllltles. viii. ,../ ix . Counctl BIii 60 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #133. STAFF SOURCE: Stawart H. Fonda, Director of Utilities. Council BIii 61 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a license agreement with Brian Greenley for crossing the City Ditch. STAFF SOURCE: Stewart H. Fonda, Director of Utilltles. Council BIii 57 -Recommendation from the Department of Financial Services, City Clerk's Office, to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County to conduct the November 4, 1997 election. STAFF PINN nae.: .,... .._ • .....,and IINd.....,alda• •dau, ,......._ .. ca,o1 e, ... wooc1 (712-2405)81 INst 41 hours In ..... al .................. ,...,... ' .. • • 0 '--I ] • "'~ 0 I• • ; City Council Agenda July 7, 1997 Page4 !J. _ JI-//Lt .. _ Recommendation from the City Attorney's Office to adopt a resolution K-J)l(f)J-~ concerning the exchange of property to Highlands Ranch Metropolitan tlJJ:1;.-J _ District No. 3, pertaining to Dr . Ohlson and the 9~ -fr fr"SOURCE: Dan Br City Attorney. -~ iii. Recommendation from t arks and Recreation Department to approve , by motion , resurfacing repa rs at the Sinclair and Barde Park tennis~courts. ..wi (JD Staff recommends awarding the bid to the lowest technically acceptabl ;IP'"' · 'J-02idder, Mallet, Peterson, and Renner, in the amount of , . . F SOURCES: Jerrell Black, Director Parka and Lee, Manager of Open ~,,IJ ~ r ,,r ,.i ol/ ~ iv . Recommendation fr Park nd Recreatio Department to approve , by -motion , :Jal I f the wood floor at the Recreatio~n Center. Staff recommends e bid to the low bidder, T & G Hardwood r Specialists, Inc ., in the amount of $98,574.00. STAFF SOURCE: ~ ~r.!, O Black, Director of Partca and Recreatlo~ 11. Regular Agenda . , • 1• ~ a . Approval of Ordinances ~ading. ~---:5' ~ltjS it, 8 ,Jad=ouncil BIii 67 -~ndation from the Department of Financial rr ,. 1 't'Vj"rServices to adopt a bill for an ordinance placing a question on the November fl.\11%,'.V\J IJJINKJ 4, 1997 ballot regarding financing for a Museum of Outdoor Arts at the • f\ ~ -U I Cinderella City site . S,:~ SOURCE: Frank Gryglewlcz, Director of Financial Services. W ~ Council BIii 68 -Recommendation from the City Attorney and the ~ Department of Financial Services to adopt a bill for an ordinance placin~ question on the November 4, 1997 ballot regarding Section 32 auAe--~ Englewood Home Rule Charter regarding Powers Express "thheld from Council. STAFF SOURCES: Dan Brotzman, City Atto Council BIii 69 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November 4, 1997 ballot regarding an increase in maximum total pension benefits for "old hire" firefighters. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servlcn. Council BIii 70 -Recommendation from the Department of Financial Serv ices to adopt a bill for an ordinance placing a question on the November . 1997 ballot regarding an automatic cost of living adjustment for the pensions of currently employed "old hire" firefighters . STAFF SOURCE: Frank Gryglewlcz, DINCtor of Financial Services. Council BIii 71 -Recommendation from the City Attorney's Office to adopt a bill for an ordinance placing a question on the November 4 , 1997 ballot garding popular ~..°~-~e, Mayor . STAFF SOURCE: Dan Brotzman, Attorney. tf'.AW~ PINN : If you haw a dlaabllty and nwl aux8*y aide or wv1oN, plNN nollly ._ Clly o1 ~-wood (792-2405} Ill lNat 41 hours In advance o,...,. Nrv1cN .. needed. n.1k you. .. -• ..... • I· • 0 ' 2 I City Council Agenda July7, 1997 ·, • • to • • .. , f. vi . Council Bill 72 • Recommendation from the City Attorney's Office to adopt a n bill for an ordinance placing a question on the November 4, 1997 ballot /~ ] . ~~=-~imits. STAFF SOURCE: Dan Bnitanan, City · . -j).} ~ f Approval of Ordinances on Second Reading. ,r, J Ji.~,. Council Bill 40 • Firefighters 20 Percent Supplemental Disability . STAFF U l4. r SOURCES: Frank Gryglewlcz, Dhctor f li~__.lleps met Martin Semple, Labor Negollallona Couwl. ~ C. R~s and Motions. 12. General Discussion. a . Mayor's Choice. b . Council Members' Choice . ~u~~;;wtn~ 'I ~14. City Attorney's Report. l'lr'f,'· ~ w~ Adjou~. ~~g The tollawi~es were transmitted to City Council between 611 -· .. -·'"' • Englewood Firefighters Pension Board meeting of June 24, 1996 • Englewood Public Library Board meeting of April 8, 1997 • Englewood Housing Authority meeting of April 30, 1997 11 , a11W • Englewood Public Library Board meeting of May 5, 1997 ~, [P'" • Englewood Clean, Green and Proud Commieaion meeting of May 13, 1997 • Englewood Liquor Licensing Authority meeting of June 4, 1997 ii ....._ w-,~~ ~<JiVb {},~ ~ \""'~.-. I . . •. • • 0 • "'~ • . 0 I • • ' . . ' .. ~-. v • • 0 f ') • ' . ]-. - • . . . . . . - ... • • • • • 0 ' I ' , I • • , . ·, • ' . . ' <. tJ;Jvn ii~ -WJl.J.d_ ~ JA.dO/, t#u; 1Ul fh1 • .,_,...,._... II,,_._~ ,,_,,- / %' W1 ~~ ?~ -~~ ~ . --JIJJb ~'); ~ .. .. . . ' . . . • • 0 • • • • ·, . .. ' ' . ' ' i) ~ 1/F Ja4,-~/Jl,v,r~/Jif I . @}) it, Qj;{J ~ di-kr(vrplfl--44 -~ ~~1,r-~~~ ~ ~ ,f/jj, ~ .if ~dt ~~~~~£_ ~gd,~~~ ~ 11:t ~Ji'tr twJkJ y-;tkp~d- /;u J,W._ -Ml .cl MkJ (!JwuJ irtur /II 0/r tht--Jdln-- o-Jdt~~- ~ /,lJ I ~J,J 1)/Mtv ~ ~ [mi'~ ' • . .. •· 0 , I . ~-. ' ' ' -. ' ' • t• 1111 ·. ' . ' '· Ii)~~ C\711 5P -~ . uffeJ~-f)ebrt,f:' c/---/pJ_ ~ . ~ y~ (!j_j_ ~ -. 0!!7 µr ~ ~Im_, .. . /MW ....--- /JW;J ~ ~ ~ /j/;.4---feuj- ~ - /Jlvµ~ . ' • ~ 1-f ~i-)U/P--/JI~ ~ ;t~t:! fr -. .. • • • 0 I ,_ I • -• ·, . . ' . . . . (. ' . . --------... ' . I . .. . . . . ' • • 0 f --· I • ,-. . ' -• • (. • • 0 ' '-I • -•, • t~ •, • .. • • r1 I ... . . . • • 0 I --I • ]- 0 . . ' • , . ' . . .. I. . 0 . ; r ,, I • - • I • . . ' • ' ·. .. .. ... . .. ., • • 0 • -•. 0 I• • ' ' . . 1~ .... . . • ., • • • 0 ' • • ' ' -•. 0 I• ·, . . ' ~- (P tf ll {J) ~ 11-J-~ ~ -~ (J)~fi;~~r ~~~; " ~~ (i)f~ • QA ,--0-I oo~~ !~~ • ~~Wlf) • • 0 ' f --.. I - - • • • ·, • .. JULY 21, 1997 REGULAR CITY COUNCIL MEETING ,~ . , I' • • I