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Home My WebLink About1997-04-21 (Regular) Meeting Agenda.,~-----~---------------,---. " • '· REGULAR CITY COUNCIL M£ETING APRIL 21, 1997 ORDINANCE I~ y: /, 29, 30, 31, 32, 33, 34, 35, 36 RESOLUTION t ~ ~ ~S2, Sl, St, SS, S6, S7 • ' • .. 0 • •· 0 • • 0 I• • \. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO April 21, .,,7 I. Call to Onler The regular meelingofthe Englewood City Council-called to order by MayorBums at 7:45 p.m. 2. The inwcation -gi¥en by Council Member Wigilll. 3. Pledae ti Ale&faece The Pledge of Allegiancc -led by Mayol' Bums. 4. ..Cd l'relcnt: Council Members Clapp, Wiggins, Habenicht, Vormittag, Waggoner, Burns Absent A quorum -prelClll. None (Clert '1 IIOIC : The Dillric:l I Council seat ii vac:aJll due to the rec:111 of Council Member Hadlaway by a majority oftbc \'Ole at the January 14, 1997 Rec:all Elcctioa.( 5. Mllllltel Also ..-a: City Mma,er Clart City Aboney BRIIZlmll City Clerk Ellis Director Eslcrly, Public Works EDgiDecrina Ma-,er Kalua Diiector Long. Library Servica Neighborbood Dcw:lop .. Coonlimlor Grallam Busi.-Conunuaity Coonlimlor Scibelli Director Simpson. Neipborhood and Bu1inea DewlapmalC (a) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE THI MINUTES OF TRI RIGULAR MIITING OF AP1UL 7, 1,,7, Motion earned . 6 . Ayes: Council Members Vormiaag. Wigias. Habeaicht. Wagoner, Clapp, Bums Nays : None There WCR no scheduled visiton. ' .. • --------~---------------------.,--------------------------------.,,----, - • • • En&Jewood City Council April 21, 1997 Pagel 0 • •••• * Mayor Burns advised that later on the Agenda. Council will consider a resolution to approve the outline of the South Broadway Plan . He pointed out that there is no ordinance involved there that addresses any panicular kind of business. it is jusl the broad outlines of the plan. He noted that none of the ordinances that have been before the Planning Commission in the last few weeks will be before Council tonight. (a) Steve Cogswell 5latCd he was representing OutSoun:e International and that they have just recently purchucd Stand-By ~-He said he believes, for the most part. his company has been recently updaled oo the proc::cedings that have been happening between the City of Englewood and Stand- By Personnel. Mr. Cogswell advised that he is here, for the company, to propose what he hopes will be a win-win situation for both panics. Because, he advised. they realize from the actions and proceedings taken that the City does not want to have temporary help personnel located in the district they would like to be in, that they work together and over the next four months they will relocate out of the City and be able to have time to do so . Mr. Cogswell noted that they think four months is a fair amount of time and they have already actively started looking for a new site and within four months they hope to be relocated. Mayor Burns noted that this is a comment period for the visitors, that it is not really a discussion time for the Council. He advised that they appreciate very much that he came by and he was sure this was something that can be discussed with the City administration. Mr. Cogswell asked if that is who he goes to next. Mayor Burns stated that the actual ordinance that was approved by the Planning and Zoning Commission is quasi-judicial with the City Council and Council hasn't gotten it yet and they can't even directly address it. He said they have to wait legally until it comes. but there is cenainly nothing that would prevent Mr. Cogswell from talking to staff. Council Member Clapp thought maybe Mr. Cogswell could leave his information. his phone number and name, with the City Clerk. Mayor Bums said sure. that he could leave his information with staff. Mr. Cogswell asked who he should contact. Council Member Vormittag advised Mr. Cogswell that Director Simpson was Slallding right there and he should give him his card. (b) Terri Olmsted. 4701 South Elali Slftlet. advised that she is a homeowner, resident and taxpayer in the City. She said she was here to address a situation which occurred last week outside of her home. Ms . Olms&ed Slated that she tried for two weeks to Fl a pona potty picked up that WIS left behind by the consuuctioo company performing the gas line repairs. She said the work •·as done and the crews were gone . The pona potty was not picked up and on Wednesday, April 16,. it was tipped over in the night causing all of the human waste to spill out into the street and gutter. This human waste ran down the gutter and puddled up at the comer of Elati and Union which. she noted. is the entire length of her property and. to make matters worse. it was directly across from Clayton dernentary so the children had to walk past, around or through this mess do go to school and they had to smell it while out at recess. Ms . Olmsted advised that she phoned Waste Management at 7 :30 a .m . Thursday, April 17"' to repon the problem. They thanked her for calling and said they would get the pocty picked up and the waste would be cleaned up. She said she also knows of three other neighbors that called throughout the day regarding this problem and that nothing was done Thursday and messages left on their answering service were never returned. On Friday morning she said she again contacted Waste Management. as well as Leigh Ann at the City Manager 's office. to repon this problem and she notified Deputy City Manager Chris Olson who contacted Waste Management . Ms. Olmsted stated that both of them guaranteed her that the problem would be taken care of immediately Friday. She noted that as of the noon hour. when her roommate Earlyne Winters came home for lunch. the mess WIS still there. She said she again contacted Leigh Ann, ' • ..... •. I· • Englewood City Council April 21, 1997 Pagel ' <. • 0 I • • who contacted Chris. who guaranteed her that it would be gone before the weekend. When Earlync arrived home at 4 :00 there was still no cleanup and she commented that they could imagine the smell with such wann weather. She noted she left a message for Leigh Ann at 4:30 , but she had al~ gone home. Sue returned her call, but she had left her office to get home and work on this. Also. she act. iscd. during the day she made phone c:alls to Waste Management who gave her the run around on the firsl .::all and they promised to have it cleaned up by the end of the day on the second call. She said during the third. and last call, she asked to speak to the manager who. she was told. was Chris and she was pw through to his voice mail . She called back to customer assistance and they had to act as a messenger be:-,. ccn her and Chris as he would not come to the phone. but could be beard in the background laughing as :x: promised clean up. Leigh Ann. she said. had given her an after hours number to call if she needed to ~ bold of Code Enforcement. She noted Earlync called this number at S:30 and got hold of a very rude opcraior number S 12 who informed her this was the police dcpanmcnt and she did not know if she could get bold of anyone. Ms . OIIIISlcd advised that she promptly drove down to the police station and dcllWldcd to speak with someone and they sent out Sergeant Silby to speak with her, that he took down some information and said he would look into it. Shortly after she arrived home, she said. Scott roompson showed up and reviewed the situation agreeing that it was health ha7.ard and a mess. He called the fire dcpanmcnt, who agreed to come flush the gutter. They then called him back and informed them it was health hazard and couldn't be flushed down the storm drains. He also indicated that Waste \lanagement had spoken with Ballalion Chief Kraig Stovall and said the mess would be cleaned up, guaranteed. by 10:00 p.m . Friday night, but the porta potty could not be picked up until Monday. He said if it ""-as not done by 10 :00 to call Kraig and he would have HaZlnat do the clean-up and back bill Waste \1anagement. At about 9:30 a truck backed up to the pona potty with it's tailgate down. hit the pona po~. i.nocking it into the truck. pushed ii in and sped off leaving all the mess behind, cleaning nothing up. Saturday morning. day three. she said she c:alled the fire department, that Stovall was off but they said th~ had driven by and noticed the clean up had not taken place and wen: Uying to contact Waste M:i.:.ag:ment but they really didn't think anything would happen over the weekend . When asked if they were ~oLDg to send Hazrnat to perform the clean up. she was told that. even though it was considered a hazard that ~- couldn't flush down the storm drain. they didn't consider human wuae in her gutter a health hazard. therefore they weren't going to c:all Hazmat . Ms . OIIIISlcd stated she again phoned the after !Klun number and asked to have Scott Thompson paged and was informed that he was not on duty and the:, "ould not page him without permission from the sergeant on duty . At this point. she advilcd. she bcc:une really angry about what she had to put up with. She said she told them that Scott was to call her .i::d if not she was going to take action into her own hands including calling and filing a formal complaint ·"1th the State Health officials against Waste Management• well• the City of'Englewood for not taking ::are of this. She said they called George Johnson with Waste Managcmcat and ipCIK 1Widl his wife. Ms Olmsted advised that George is not even responsible for tbal deputmeal. but bad beca druppcd on i I on Friday night. His wife told them that he would talk to the proper people . In the meantime. she saJd. the police dispatched a sergeant to speak 'l>ith her . He made some phone c:alls after rcvicwiDg her inicnnauon and also a made a personal visit 10 the Waste Management office to casure that the clean up •ould w.e place. Finally, al about noon on Saturcla~·. three days later. one guy , this crew they bad to build to g:-.her. showed up to clean up the mess. Ms. Olmsted said her question to the City Council of' Englewood Ii. "h~ uus - alkM'Cd to drag on for three days . She asked if they would like human waste running throu Jb their gullers only IS recs from their front door and have to smell it . She asked if they would like :hc:11 luds or grand kids 10 have 10 "1l1k duough this type of mess and put up with the odor while al rec:ss . She quesoolled why Code Enforcement who was originally suppme to be on her side. doesn ·1 bo'I> now if thctt 1ft any awions to be iuucd or if they will even file a cilation against Waste Manag::nem. \Is. OlmllCld plllllled OUI that they arc Sift johnny on the lpOI if a weed grows over six inches tall or if ,·ou don ·1 uve a trash e1111bal is just perfealy right with a lid on it but aomcthing like human ·Aaste 1~ the gutter goes IIIIDOlJccd. Ms . Olmsled stlled that she bcl~ this to be a serious situation ar.d that she a1Jo bet-the chances of this happening apin would be great. She said she is here tonight pW'SUlng this 1H'UC and thal she will continue 10 pursue it with the City of'Englewood. Waste Manageme~L the Tn- ' ..... • . I· , • En&lewood City Council April 21, 1997 Page4 0 • County Health Department, and the State Health Department. She advised she is preparing flyers to notify the cili7.ens of Englewood that this type of a problem can happen and go unnoticed. She asked what the City will do. Ms . Olmsted advised that she would leave a copy of her letter with the City Clerk so that it can be reviewed and answers given to her. Mayor Bums thanked Ms . Olmsted for coming tonight and said be fdt that they. as a Council, will insist this be looked into and they will get a report on it. 8 . (a) COUNCIL MEMBER VORMI1TAG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET LINDA J'UDGE'S LETTER OF RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMISSION. Motion carried. Ayes : Council Members Vonninag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays: None Mayor Bums commented that Ms . Fudge was representing Swedish Hospital and it appears she is looking for a replacement. He DOied that the she was very complimentary to the Clean. Green and Proud Commission in her resignation letter. Mayor Bums stated they appreciated her service . 9 . Public: Beariag (a) COUNCIL MEMBER VORMI1TAG MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON PAVING DISTRICT NO. 31. Ayes: Council Members Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None Motion carried and the public bearing opened. All lalimony was given under oath. Director Eslerly praented Proof' of Publication of Notice or Public Hearing which was published on March 27. 1997. April 3, 1997 and April 10. 1997 in the Englewood Herald. He said they can look a1 the schedule to give them an idea of where we -now and where we -beaded . Mr. ESlerly advised that on March , ,. Council considered the resolution of the intent to fonn Paving District No . 38 and publication of tonight's public hearing has led us up to tonight, April 21". The next action on this lllaller. ifwe Slick to the schedule. would be May s•. with the introduction of a bill for an ordinance craling the district. If everything goes on schedule it wouldn ·1 be until April 20, 1998 that we will be starting the construction on this project. Construction will be completed about five months later and the fin& payment for this work will be due January I , 2000. Director Esterly stated that since about 1956 the City ha5 been improving the streets 10 meet minimum City standards through paving improvement districts. We have completed approximately 99 miles of streets during that time period. He referred everyone to the map that is associated to the attachment that goes with this evening's package. Mr. Esterly said there is a map that describes the area of this district and. largely. the areas that are not marked for this district were accomplished in previous districts. He advised that the cost of these improvements are borne by both the adjacent property owners through special assessments and the City through moneys that -budgeted in the PIF (Public Improvement Fund). The streets that are proposed for inclusion in Paving District No. 38 are streets that have not been previously construcled to minimum City standardl and from testing results they require total reconstruction . Again. be noted. Paving District No. 38 is scheduled ror consuuction ' • .... I· '. ~ .. ;-. 1m, f -----~----------------, . • • Enpewood City Council April 21, 1997 Paces • • during the summer and fall of 1998. Funding, for the City's ponion of the project. in the amount of $520,000 is budgeted in I.he 1997, and inlcnded IO be budgctcd in the 1998. PIF . The IOW COS! of the project will be $1,470,000. He said he would be glad 10 answer any questions. Council Member Habenichl asked if any property bas been, or will be, exempt from being in a paving district DirClctor Esterly said yes, lhal overall there arc propcnics lhal did have road consuuction, lhal was IO City standards. cilher because of subdivisions lhal developed wilhin the City, and the City Slandards wcn: imposed on Iha! a,nsuuction, or Slrccls lhal were annexed and brought into lhc City, bul upon invesliplion were found IO have been a,IISUUCICd IO Slalldards Iha! mcei or exceed the City Slandards . So, he Slalcd, there is no strccl Iha! is DOI a>nstructed IO City srandards when we arc all done here, bul there arc SIRelS lhal have DOI done this lhrough the assessment process. Council Member Habcnichl asked, after a sum has been a,nstructed IO City 5lalldards, will ii or can ii or would ii be in anolhcr paving districl CYCr. Dira:tor Esterly explained Iha! the a,mmiuncnt !hat the City has made lhroughoul each one of the dillriCIS up unlil !Oday. and over the last 40 years. bas been that, ooce one of these has been a,nstructed IO City standards. then the City would assume all mainlCIIIIDCC for lhal sum. Mayor Bums questioned whether some of this bas evolved around the Windermere Strcet improvcmcnl, down in lbal area. where !his will son ofbe a>mbined and a>mpleted in the same area as the Windenncrc Street impnmmcnL Dircclor Eslcrly advised Iha!. actually. a IOI of !his dove tails in 11111h lhc work lhal is under a,nsuuction by I.he Slate righl now . Of ooursc. he nolcd. our SU'alcgy has been. if left in an uncomplclcd Slate , we would have better odds Iha! the State highway dcpartmcnl, the Depanrncnl of Transportation, would pick up a larger share and lhal burden wou1dn 'I fall on the property owners for assessment He said ii looks like lhal was a prclty good Sll'atcgy. lhal along 11111h doing the work they arc doing on Windermere. !hey arc going a little bil further back 0010 the side strcclS than ~· had 1old us they would originally. jUSI 10 make things lie in. Thal will be a benefit IO the propc~· owners in the area. ii will reduce their assessments. Council Member Vonnittag asked how much lho5I: rcsidcnlS will be saving, versus if we had done ii on our own down the road or prior lo when the Slate was going IO do Iha!. Director ES1crly explained lhal this is DOI assessing for I.he aclual improvcmcnlS on Windermere, lhal was done under a cliffcrcnl paving district. Bui, he said. for the side strcclS Iha! connect into Windcnncrc. there 111111 be a savings. He staled lhal he didn ·, beliC\"C WC had quantified whal Iha! savings would be bul Iha! Ibey could get Iha! information for him if be wanled it Council Member Vonnittag questioned whether ii would be a dec:cnl amounl of savings or panial . Mr. ES!crly said ii would be prclly minimal. Council Member Vonnittag DOied we had nine cliffcrcnl locations here. He asked if !hey arc all going IO be done al the same time or after one is done will anolhcr one Slan. Director ES1crly advised Iha! they will all be done by the same constniction a>nuactor and they will leave up 10 him how be 111111 actually phase in the work. He said ii is quite probable be would do all of his demolition lhroughou1 all of lhc areas al one lime. depending upon how big a job Iha! is al each location . Then a difl'cren1 crew would be a>ming in and doing a base preparation of !he paving. II is qui le likely. he DOied. Iha! a a,mplClcly cliffcrcnl subc:onuactor would be doing the a>ncrctc work . Director Esterly Slaled 1ba1 the real answer 10 his question is Iha! lha1 is not something we conlrol in the contract documents and ii 111111 be a sequencing problem the conlractor \\111 work 11111. Council Member Vormiuag a,mmcnled 1ha1 more lhan likely ii probably should be done pretty much at lbc same lime . Director ES1crly responded ma)bc. Council Member Waggoner asked iflhe people in !he dillrict will be voling on the sate of bonds. Director ES1crly said yes. that \\111 be a,ming forward as a separate item later. He c:ii:phuned thal Ibis is the dillrict fonnalion and when "c get 10 the financing ponion of ii !hey will be a,ming back 10 Council looking al ' • ...... - I· • En&kwood City Council April 21, 1997 Page6 0 • ... creating a bond agency to cany that bond forward, a special distrid. Those eligible to vote in the election would only be propeny owncn who arc regiSlercd voters in the City ofEnglcwood. Mr. Waggollc:' questioned what wc will do if those happen to fail . Mr. Esterly advised that if those happen to fail the distrid can continue to go ahead. The City can then either talk about whether or not they want ID provide the ten year financing with City funds, which we have done on some small projects in the past. or :he money would be due and payable when the assessments came out in the year 2000 and it would be :JP to the individuals to arrange their own financing if they wanted to finance it over a longer periocl C.:,uncil Member Waggoner pointed out that the real point here is that the project is going ahead regardless. that it depends on whether the propeny owner wants to spread it out over a ten year period as to whether the bonds pass . Mr. Esterly said that is correct. that it provides a convenient funding mechanism. Mayor Bums asked if those votm arc the ones immediately affected by the project or all pro~· .,..nen. Director Esterly advised it is only those propeny ownen who are affedcd by the project and regisaai to vote in the City, so there could be propcny ownen out there that don't have a right to vote on thi~ Hopefully, there is at least one person to vote on it. Council Member Habenicht commented that she was just looking at the proposed schedule and ~ jusl saw the date of January I, 2000 when the lien payment is due, glaring at her. She asked if th~· ccald change when the lien payment is due to January 2"". She said she would hate to think to stan a "'bole thousand yean with a payment clue. if wc could just change that to the 2nd it might be nicer. Due:::or Esterly said that doing this through the County he wasn't sure if there is a requirement that those .::aia be in there, actually. Sometime before that we would be requesting that the County government do the actual assessments. Mayor Bums asked why the Housing Authority is on the front oft.be flyer . Dircttor Esterly swed that quite frequently wc will have folks who will claim that they arc not financially capable of making :heir payments and particular folks w·ho would like to defer their payments until such time as the propc:iy transferred and we have allowed that. He explained that the folks over in Housing arc familiar "'~th operating and managing programs like that and they manage that program for us and ~· make :he determination that. in fact . an indh idual requesting that entitlement is eligible for that entitlemcL It bas something to do with a lot of other circumslances also. so they are equipped to deal with that ralha than the engineers learning to do that 100. Council Member Habenicht asked how many more paving distrids he thought we would ha,·e bawd on existing pavement. Director Ester!~· advised that they have identified a paving district program :~r ~ ear eight, nine, ten and eleven. going beyond this one. So. he said. it looks like we have at least four ~ yean and those arc subject to reconstitution . We might rcanange those because of cash flow. "'e :mght spread those out differently, but our tentative plan is that there would be four more districts foU~uig this district and then we would ha\'e cO\·crcd the entire City. Council Member Habenicht noccd that these have DOI been conscc:utivc years. that these just haJ:pc:l to be a paving district year. like some ~cars wc haven 't had a paving distrid. Director Esterly said that :.s correct, that we haven 't had one !his year. this .-ving diSlria we arc preparing is for next ~ear :'"..: commented that he has a memo that Manager Kahm prepared April 2nd oflaSI year, that talks 3i:c u bow wc have reconstituted what we ha,c always called the ten year plan. However, we ha,·c incorpo~ into a plan that is some period longer. He explained that as we get into the later Slages of the plan. '"C frequentl y get into projects that require a signific:ant amount of right of way acquisition and so tu :lollar values arc staning 10 get to be significant in siz.c . He said Council will be weighing whether or ::.."C that is a rcasouablc invesimcnt of our money to be pulling those Slrcets in. We may decide that panit:IUJ' locations might want lo be put ofT for some period of time and maybe residents or propeny ownc:-s :nay come forward lo Council and discuss the fact that maybe wc could do this at a later date. We =:· :ind ' • ..... ... .. I· I ~---------------------.------------------------::--- • Englewood City Council April 21, 1997 Pace7 0 , . • that some of these are just unneccssa,y to do. but we will be looking at those in the future . Director Esterly reiterated that we have done the easy ones up to now and the more difficult and controversial ones are going to be coming in the future . Mayor Bums asked if there were any other questions or comments from Council for Director Esterly . There were none . Bany Shields, 4916 South Fox Street. advised that be part owner of Angle Tree Company and they have some property at 4450 South Windennere. He swat that the north borderline there is the street of Radcliff between Windermere and Navajo . Pan of their property on the west side is Windermere Street so, be said. the frontage they are cooc:emcd about is approximately 855 feet . Mr. Shields Slated that he read the literature that was put out and be wasn't too sun: about one thing. II said it may be advantageous to get your own contractor, that ii would be cheaper than having the City do ii. He noted he would kind of like to know about that. u he thought that usually the cities try to get the cheapest price possible . So. be said. he would like a littJe explanation on that part of it. Manager Kahm answered that in this panicular instance, often times a private property owner can hire a private contractor and can save over the district prices. In the paving district. he explained. we are putting out a competitive bid for a large project. large contractors are necessary because it is necessary that they bond the project and a lot of times the contractors have to pay union scale:. Frequently. he advised. if an owner has cash to work with they can save substantially. maybe 20-.4 on concrete installation . He pointed out that the downside is you have: to pay cash when they are done with the project. Mr. Shields noted there was no benefit about mO\ing it out over a time frame. He: said the reason that bothers them is because: their assessment is about $75 ,000. He: commented that be is sun: Council has to budget just like: they budget. This year. he noted. has already been budgeted for, that he has no control over that. So that buically gives him two years. all of 98 and 99 to really prepare: for $75,000. He: noted be happens to be in the tree business. not the computer business and they don't have: a profit margin like: that. He: said be does not know how many people can budget for $75.000 in a two year thing. He: opined it is really putting a hardship on some of the people:. Mr. Shields swat that they have: owned that property since: 1986, that they had to give: up propc:ny when they put Na\'¥) through and they had to dedicale that land back to the City for their improvemenu. So. he said. they have already given up half an acR of their land to the City. that they have: paid taxes since 1986 and they have DC\'U rcccivc:d anything per sc: from the City except they pay the bills. They have IIC\·er had any assistance other than they have paid taxes all these: years and this is bitting them prc:uy bard. He commented that he can appRCialC what Rick Kahm said about saving 20%. but be can't budget in a two year period to do that . Hopc:fully . he noted. the bonds will PIIS · 111c: other thing. he said. that he is sure: the City is hit with. just like: Ibey arc: hit with at times. is that the City made: them put in gas tanks in 1986 . They had gas tanks there and they had 10 put DIOR gas tanks in for their service trucks . They requested that the tanks be put in above ground and. be noted. the City would not let them do thaL they had to put them in below ground . Now. be said. they have to update those: tanks. lbosc: tanks ha,·c: to be updated next year. so the: State: of Colorado knows that it is going to be around $15 .000 to upgrade tanks. He: advised that the: State of Colorado has gi,'Cn them four years 10 budget in this S 15,000. wluch they have: to pay for and they have: 10 think that is fairly reasonable:. Mr. Shields stated the: City is l"CqUCSURg that they budget $75,000 in two years . Mayor Bums commented that it is his understanding that if the bond passes ii is a ten year pay ofHor him. Manager Kahm said that is correct . Mayor Bums said he thought the: underground storage: tank program is State. that we don ·1 have anything 10 do with that. Manager Kahm concurred that ii is not in our jurisdiction. Mayor Bums asked if there is any relief other than the: bond. that someone: who has a lot of frontage: like: this can use:. like: the: deferrals or the other things we talked about or do Ibey have: 10 be in an individual hardship situation . Manager Kahm ad\ised that ii would have: 10 be an individual hardship case:. Council Member Vonnittag asked when is the: latest he: can do this concrete: work . if it has lo be done by the January I. 2000 date:. Manager Kaiun stated that if the: concrete: is done privately, ii will have 10 be constructed in the spring of 1998 . Mr . Vonni11ag commented that be cannot even stn:tch that out to 1999 . Manager Kahm noted that actually it should be I· • Englewood City Council April 21, 1997 Paces 0 t• • completed by May I, 1998, because it needs to be complete: before our district contractor comes in to do the paving work. Council Member Vormittag said that is so it can be included in the price of the bid. Manager Kahln Slated that is correct. Mr. Vormittag advised Mr. Shields he even has less time then. Mr. Shields said yes and rciteraled that four year ago he "-be had to come up with the money to updale those tanks and they "-: to be updated next year. be has no cboice . Mayor Bums asked Mr. Shields if be was compeasa!ed for the property be said be &aft to the City . Mr. Shield said he was . He noced they have kind ol a long skinny property. but the whole Radclill' is in that distria and part of Windcnnere. He c:ommen!ed tbal they made a dillric:t for bonmwnen llld be is part ol that district too. He said ~-pay into a fund and be clidn 't kmw if oompeoics can be affiJnled tblt luxury ol payiua like homeowners. cm:r a cenaiD period ol time for UllplOWCIIICIII OD tblt kind ol a deal . Mayor Bums asked if be was talking about the Coacrc:tc Utility Program. Mr. Shield said be -. that be is going to be in that program too, with his boUle wllicb is OD Fox StRd. Cwncil Member Vormittag asked if it is COffllCt tbal once the conc:reu: is built then be can poaibly join that. Mayor Bums asked ltafl' if the Conc:reu: Utility bu ever addressed cmunen:ial. Manqer KabJn advised that the Concre1e: Utility addresses all the conc:reu: in the City. Council Member Habenicht questioned. in a situation like this where someone bas a huge percentage ol a whole district 111d the vote would not be passed for the bond, if it would it be possible to extract a smaller ponion to haw their own district to bond. City Attorney Brotzman advised that what we have done in the past. when the bonds ha-'t passed. is instead of extracting a smaller ponion. we have done the financing on smaller districts than this one. He pointed out that this is a rather large district to provide our own inlemal financing . Ms . Habenicht noted that that really puts the squeeze on the n:st of the citizens. it is better to be a bond. Mr. Shield said that their front faces the railroad tracks. He noced it is very. very rare that anybody ever walks down that street. as it is an industrial area next to the railroad tracks. He said he knows there arc other areas in Englewood. such as going do\\11 Platte Ri\·er Drive. where they could use more sidewalks where people go more . There is a lot more uuc:k traffic. He stated there is hardly anybody down their street as they cut off Tufts and Quincy. there is only a few of them right along the railroad tracks right there. Plus, be said. they park on that side of the street right now and they want to cut off the parking on that side. Which means they will have to move more room out to have the employees park on the inside . Mr. Shields advised that he talked to Rick Kahtn earlier about this and he said that the street isn't wide enough or somcthin& that they can do that on Windermere. He asked Mr. Kahln how wide that will be. Manager KahJn advised that Windermere is going to be consuucted at 30 foot of paving and we arc only constructing curb and gutter on the west side because that is adjacent to the railroad and there is no business use on that side. They are proposing curb. gutter and sidewalk adjacent to the businesses. that's been our standard to provide for pedestrian access . Council Maabcr Habenicht asked if this is the section that at one point the City wu going to request wider right of way and the property owners came forward and asked ifwe wouldn't so that the llreet would be narrower rather than wider. Manager Kahm staltld that on Windermere fiom Quincy to Tufts. a few yean ago. there ns a business al Quincy and Windermere that wanted to expand. For them to do that they could not afford to give up additional right of way and so the City Council. at that time. agreed to the 30 foot uide street. Which allowed that business to Slay there 111d all the businesses. including Angle Tree. were contacted at that time and agreed that the narrower llreet would serve their purpose . Council Member Vonnittag asked City Clerk Ellis if he would be able to \'Ole on this as he lives in the City . Ms. Ellis said if he owns the property and he is a registered elector. She advised that u-c: are still discussing the criteria for that . The way \\-C: did the previous one -that they had to be a property owner that was registered to \"Ote. but that she belie\ul it "as not just in the City. that they had to be rcgillered to vote in the State or Colorado. She said she would ha\"e to check on that. Council Member Vormittag commented that if he gets to vote on it that would help. John Cox. owner of some of the property on Radcliff. said he would like some clarification on whether or not he can vote . He stated he doesn 't live in Englewood. that he is registered to vote in Colondo and he does own the propeny . City Clerk Ellis said she would lake his number and give him a call on thls . She ~led she believes th:it is the way we handled the last one. if Ibey were property ownen and registered to ' .. I· I • En&lewood City Council April 21, 1997 Pap9 <. • • ... vote in Colorado they could vote. Mayor Bums staled he jusl asked City AUomey Brotzman and be said that is the way we did the last one. If they were property owners and regi5leRd in the Slate of Colorado. So, he said, under that criteria Mr. Cox would be able to vote . Mr. Cox asked ifbe would be notified of when this ii. Mr. Cox -usurcd by Mayor Bums and City Attorney BnllZDWI that be would be. Council Member Vonnittag asked if the calendar addresses when it would go to the vote. Manager KabJD advised the election will be in N<wember and they will be bringing this 1IICk to Council in July on the NCMlllber ballot. Council Member Habenicbt mmlMDfed that if tbeR is a vote on a bond issue and it goes oo the ballot. that the City Council. according to elec:lion laws and all aftbal. can 't do anything to help sway dial vote ooe way or the other. But, she aslled, if she UDderstood it rigb&. thal possibly these individuals if they WUlled to a,uld do I campaign within llleir disUict. City Attorney Brotzman said lblolurely, for the sale of'bonds. Council Member Habenicht said althoup the Council aJUlda't. City Attorney Brotzman Slated thal Council is actually limited by the Fair Campaign Practica Act as to bow mucb they CU do and bow much they CID spend. Bul, be DOied, the finance benefig all of the property ownen, ID they sbould be llepping forward and actually be OUl cmvincing llleir neighbors to take this issue up aad Fl the bond issue passed. 'Jbcn. Council Member Habenicht said. they could actually gel I list of' all of the property owne,s that would be voting. they aiuld do up their own Oyer and pay for it and dillribulc it and they wouldn't be doing anything wrong. City Attorney Brotzman aped that they -adD 't be doing anything wrong. Ms. Habenicht said they would have to register u a political thing. Mr. Brotzman stated thal is a>rrect. TheR being no tunher questioos and. as tbeR was no one else present to speak to the issue, Mayor Burns asked for a motion to close the public hearing. COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SICONDED, TO CLOSE THE PUBLIC BEARING TO GATHER CITIZEN INPUT ON PAVING DISTRICT NO. JI. Ayes: Council Memben Vonnittag. Wiggins. Habenicht. Waggoner, Clapp. Burns Nays : None MocioD carried and the public hearing c:load. COUNCIL MEMBER CLAPP REMOVED AGINDA ITIEM 10 (a) (IY) FROM THE CONSENT AGENDA. COUNCIL MENSER WAGGONER RIMOVID AGINDA ITIM It (a) (Yi) FROM TIU CONSENT AGENDA. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITIMS It (a) (l), (II), (Iii) M4I MON ftRST HADING. (a) Approval of'Onlinanca on Finl Reading (i) COUNCIL BILL NO . JO • IN11tODUCED BY COUNCll. MEMBER VORMITIAG A BILL FOR AN ORDINANCE ENACTING A NEW TITLES, CHAYraR 21. OF 11iE ENGLEWOOD MUNICIPAL CODE 198S , ENTITLED BODY PIERCING ESTABLISHMENTS AND AMENDING TITI.E 7, CHAPTER 6E , WITii 11iE ADDmON OF A NEW SECTION 6. ENTmED BODY PIERCING . . . .. I· -------------~----------· • • I• • <, \. Enclewood City CCN1ncll April 21, 1997 Pace 10 (ii) COUNCll. BILL NO. 31, INTRODUCED BY COUNCll. MEMBER WIGGINS A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 12, SECTION 6, ENGLEWOOD MUNICIPAL CODE 1985, BY REPEALING SECTION 6 AND REENACTING A NEW CHAPTER 25, OF TITLE 5, 1llE ENGLEWOOD MUNICIPAL CODE 1985 ENTI1LED SECONDHAND DEALERS. (iii) COUNCll. Bll.L NO. 32, INTRODUCED BY COUNCll. MEMBER VORMITIAG A Bll.L FOR AN ORDINANCE AlJlllOIUZING AN INJ'ERGOVERNMENT AL AGREEMENT BETWEEN 1llE CITY OF 11fORNTON, COLORADO, AND 1llE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF 1llE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO 1llE CITY OF lllORNTON IN RETURN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS . (v) COUNCll. BILL NO . 26, INTRODUCED BY COUNCIL MEMBER VORMITIAG A Bll.L FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN 1llE ST ATE OF COLORADO FOR 1llE USE AND BENEFIT OF 1llE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY (COOT OTS) TO RECEIVE OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT FUNDING FROM APRIL, 1997 lHROUGH JUNE. 1998, FOR 1llE PROMOTION OF SEATBELT AND CHILD SAFETY SEAT USE IN COLORADO AND 1llE ENFORCEMENT OF LAW IN 1llE CITY OF ENGLEWOOD, COLORADO . Vote ,-!ti: Motion carried. Ayes: Council Memben Vonninag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays : None • •••• (iv) Mayor Bums noccd thal this Agenda item is a recommendation from the Department of Public Works to adopt a biU for an ordinance as amended appl'O\'ing a Concn:le Utility . Council Member Clapp s&alCd that her conccm with this particular item is that she stiU has some reservations in the back of her mind. although she knows we need something of this type for our City . She said she would like to propose that perhaps they put a clause within the ordinance itself that would allow us to review it within say another 24 months . To look at the financ ial situation of the City and perhaps consider taking on additional financial burden . Mayor Burns said he thought thal could be done anyway , that you wouldn 't have to have a clause. City Attorney Brotzman explained that if you have a clause it will come back to )·ou absolutely or we can simpl y say staff'will bring it back to you at that time . He said he would be your comfon level on that. Council Member Clapp stated she would like it written in the ordinance. for review . ... .. I· • Englewood City Council April 21, 1997 Page 11 • , . • Council Member Vormiuag said then that would be if it dido 't pass with the bonds. because if the bonds pass we wouldn't need to worry about it City Attorney Brownan noted this is Concrete Utility. Mayor Bums stated this is the Concrete Utility and it is a different subject. Council Member Wiggins said be rcmcmbcred at the hearing that both Director Esterly and Manager KahJn stated that if they felt they did not have enough funds in the pot to use the utility that they would come baclt to Council requesting an increase. Mayor Bums acknowledged that was true, but that they could have a clause that mandaled it anyway. Council Member Clapp pointed out that this would not be for an incrcue, this would be to take a look in 24 months to sec if we could, as a City, take on more of the financial burden. Not to inc:rcase it., but to try to dec:rcase it Council Member Habenicht stated she would support that., as she doesn't think it does anything except help make sure they arc accountable to it. Also, she noced. it rcc:ogni7.cs the fact that the people in the public hearing weren't unanimous on this issue and rcf1ect some of the concern and to look at it again and some of the things that people were bilking about. She said they arc thinking that perhaps when the City is in a better financial position that maybe it wouldn't be nea:ssary for them to contribute so much. So, she noted, she would support that. Mayor Bums opined it is a good thing to support. as that was a concern expressed by several of the people about that at the time. Some thought the City wasn't requiring enough and some thought it was too much . He said be bad no objection. He questioned whether they can jua incorporate something like that. City Attorney Brotzman asked that they do it by motion and be will write the language. The City Clerk read the council bill by title : COUNCIL BILL NO. 14. INTRODUCED BY COUNCIL MEMBER VORMIITAG A BILL FOR AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRE're UTILITY ENlEU'RlSE FUND FOR TifE CITY OF ENGLEWOOD, COLORADO . TifE PURPOSE OF nus ORDINANCE IS TO PROTECT TifE PUBLIC HEAL Tii. SAFETY AND WELFARE AND TO COMPLY Wl11I ALL APPLICABLE FEDERAL AND ST ATE LAWS WHICH REGULA re 11iE CONCRETE UTILITY BY CREATING IN nn.E 12, A NEW CHAP'lll 8 • CONCRE're UTILITY AND CONCREre UTILITY EN1EU'RISE FUND. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (iv)· COUNCIL IILL NO. 14 ON FIRST READING. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO AMEND COUNCD. BILL NO. 14 TO READ THAT WITHIN A 24 MONTH PERIOD WE WILL RE-EVALUATE TO SEE IF THE CITY CAN TAKE ON ADDfflONAL LIABILITIES. Council Member Waggoner questioned whether 24 months would give Public Works enough time to really review it. get it started. get enough money , and enter into projcc:ts in order 10 sec what the affects will be. He said be seems like it should be a little longer than lbal. Mayor Bums asked if swf bad any comments on whclbcr that is a reasonable time or not. Director Eslcrly noted that the longer that period of time is the more opportunily they have 10 do it. He said they would have constructed one project., under the program. over the next two years and they would have the infonnation from that a\•ailable. Mr . Esterly staled that their comfon level goes up more and more as they assemble a grc:iter volume of statistics. bul we can either do ii in 24 months or 36 months. Council Member Clapp stated that she is ' ..... I· • Englewood City Council April 21, 1997 Page 12 0 I• • ... thinking that we arc on the verge of a few things as far as development and she is hoping that our ta., base goes up. She opined it may do it that quickly . Council Member Vonnittag commented that he understood her point. Director Eslerly stated that the longer they wait. the more information they will have. but they can easily do it in two years . Of cowsc. he pointed out. in two years they may decide they jllll want to do a cursory evaluation and wait another year. Council Member Clapp agr=i they oould. But. Mr. Esterly noted. in two years it brings it to everybody's attention and we arc looking at it again. Mayor Bums asked if everyone was comfonable with that. Vote raultl OIi tlle amendment: Motion carried. Ayes : Council Members Vormittag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays: None Council Member Habenicht stated that she has had one other question . Regarding the input from the public hearing. she said. there seemed to be some concern about whether or not the opting out option was really an opting out option . She stated she would like to have that clarified by the City Aaomey for the record, because there were some people that thought that it really was making it more like not an option. Bcc:ause if you transferred the property you would have to pay all the time back. whether or not the property came up to the standard. She said they were sugesting that that may not be legal and sbc was wondering if City Attorney Bromoan could address that. City Aaorncy Brotzman advised that it is absolutely legal 10 do that and pnictically it makes you make that choice at the beginning. rather than rolling the dice. seeing where your concrete goes in the future and if it is cheaper to go with a utility . you simply do that and make your back payments. It is a real practical format of having everyone join the utility unless you simply want to take care of your concrete. Council Member Habenicht said the point that was made that was different from that. not that somebody oould come in or go out at will. but "'35 when the property actually did change hands and the new property owner. in order lo be in it. would have that onus. City Attorney Brotzman advised that at closings that is going to be an issue all the time . Depending on whether it is the buyer· s or seller's market that's who is going to have to pay to bring c:oncfflC up to Slalldard. He opined that most people arc going 10 opt into the concrete district at the time the house is sold. 11w. he noted. is going to be an issue at all those closings. which is who is going to take care of the concrete at that time. Wdl then. Ms. Habenicbl said. her qualioo is it isn"t either/or bringing it up to 5lalldard or paying the back payments. that if ii is still up 10 5lalldard they still ha,·e 10 pay the hick paymcnts. City Attorney Brotzman said that if be -the aaomcy. l'Cpl'CICllting somebody buying the property. be would be taking care oC thal issue rather than lcaviag ii out there. He pointed OUl that they still have the option. that you could ncptialc to my OUI o(the COIICfflC district at that time. You could do that. be noted. but practic:ally closing agents arc going to have thal issue taken care o( and you arc going to bring that back up to speed. Council Member Habenicht advised that a couple of people have approached her and said that they fdt that really. tnaly was like forcing them into it now . and that the ope out option was not really an ope out option . City Attorney said what that means is the Concrete Utili~· is a really good idea to be in and you shouldn ·1 opt out. He staled he is noc saying that it is not a good idea to be in the Utility, but it is still an option . Council Member Vormittag said he could give an example of a 480 I South Grant. which is a brand new home. they have brand new concrete there and if they didn ·1 want to join. because they only C.'lpCCI to live there for two years. that would be a good example. Then the new homeowner that comes in and says do I want to gel this thing caught up or I'm only going to be here five years and the concrete is all still brand new. that 's where he was saying you gel into those things right there. But the homeowner today, he commented. should just join and pay his SH a year versus down the road for the new homeowner. He said most of the concrete is 20. 30 yc:irs old. but this house is brand spanking new concrete and ~· l'ould be the people who would wanl 10 opt out of it. ' ..... •. I· • Ea&kwood City Council April 21, 1997 Pqe13 • • Council Member Habenicht staled thal she voted apinst this the first first reading. and this is the second fint reading and she felt they hid takca a lot of public comment and most of it seemed to be more favorable than not favorable . She opined that with the addition of the review in two years she thought she ooulcl vote for it. Ms. Habenicht said she knows that then: are a lot of people who are still feeling uncomfortable with it, but that she felt that the majority of people who came forward wanted to have it. Mayor Bums asked if then: were any other comments or questions. Vote ra.111 • aodoa to appll'llff C•llcil BW Na. 14 u amended: Motion carried. Ayes: Council Members Vormittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: Nooe: Mayor Bums noted that the ordinance passes on first reading. that there will be a second reading after the amendment change also . • * * •• (vi) Mayor Bums DOICd that this Agenda item is a recommendation from the Library to adopt a bill for an ordinaDcc approving a contract for a food and beverage service can for the Library. Council Member Waggoner advised that he just nccdcd some additional clarification as to who is going to be responsible for damqc to property or books if coffee or drinks are spilled in the Library . Director Long advised that the c::ontract spec:ifics that the vendor concessionaire has a smblc iDsuraDcc policy to cover any major damqc. He noted thal any damage to individual books or items. if they occur, would probably be absorbed by the Library. 111c same way they absolb them now if someone takes them home and reads them in the bathtub or their clog chews them up . Mr. Lon& Slated they do no( r-that being a 111¥)r pniblem. As the Council liaison to the Library Board. Council Member Habcaic:ht COlllfflCllled that the Board bas discuacd this quite a bit. She said she can lll1IIR Couaci1 lhll the Library Board meaias probably care more about what bappcas to the books than almoll uybady else. Ms . Habeaic:hl DOied tha& she bu IIC\'CI' 1JeC11 a group that gets into their thiag as much as Library Board people. A lot al it -clilc:ullcd and a survey -cloac of the public and they also did a five year plu al bow to improve the Library. bow to bring more people in and bow to do better tcrvice. One al the things that kepi coming up -that this was a new and emerging kind al lCrVice to provide. Ms. Habcaic:ht llaled that it ..i al puts us on the cutting edge. but also in competition with other groups that are doing this. She said she cannot begin to tell Council how sincere and conccrncd Library Board members are. 11ley have really asked lhcsc questions and put Director Long to the test on this one and he bas really come forward with addressing all those concerns . Council Member Habenicht achiscd that she believes. having set through a lot of those dilCUSsions, that those concerns are met. Director Long commented that one of the hardest sell jobs they hid to do was to the Library swr. because librarians are trained to keep the books away from that type of thing. So now. he IIOlcd. they are having to do a different kind al mind set. He said this is something that you see popping up in other libraries, you see it popping up in book stores like the Tattered Cover . It is buically an ambiance. a friendliness type of issue . So. he advised. that is the reuon they are going to uy it and they talked to the vendor and said we will try this and hope it will work, it may DOI "wk. but WC hope it will . .... • . I· ---------,r----,.---~-----:------~:---1 • Eactewood City Couacil April 21, 1997 ,.1 .. • • Council Member Vonniuag asked where it will go. Director Long advised that as you walk in the front door it will be adjacent to the left. Mr. Vonnittag asked if that is where the used, for sale, books arc . Mr. Loog stated ya. they will shift those around a little bit. that it will be in the form of a very nice looking bUICh . The gentleman that will be doing this bad the aincession at McGuire's for about six months. Council Member Vonniuag asked if they will saart this after the August opening. Director Long said oo, they will go ahead and swt it prior to that. He advise tbal the concessionaire is well versed on the fact that wc arc going to be closed for a month. so be knows tbal going ink> it. Mr. Vormiuag commented that it seems like to him that they would Wlllll to open dull up with the big grand opening. Mr. Long noted they may ~ a grand opening and it may be a grand reopening of bis coacession also. But that be would prefer that they would go ahead and do it ndlcr than waiting. Council Member Habcoicbt pointed out dull if they do find out tbal it is rally going to be terrible, tbal it is a mess and wc can't take care of it. then it would be better to ftod that out before the grand reopening wbco ewtytbing is fresh and new again. Director Long said that is a good point and he advised that the CODll1ICt docs allow for a 30 day c:ancellation on either part. Mayor Bums noted they put this out for bid last year and they dicln 't get a bid . He asked Mr. Loog bow be hllppened to book up with MJH. Director Long explained that he was contacted by MJH. that he bas a rclaliw that wwu for the City and be bad beard about it through this relative and be gave him a call. Mr. Long said let's talk. they walked through it and he gave him a copy of the request for bid. He wcot back aod SlUdicd it and ta1bd to bis imurancc agent about it. made a couple of minor modifications and he is real excited. Mr . Long said be calls him about every week wanting to know wbco they will start. Council Member Vormittaa asked ifhe will be bringing in bnand new equipment. Director Long explained tbal it is basically the same equipment that be bad as far as the coff'ec maker and this type of thing. He advised that it is not going to be pizu or fmlcb fries and they will still ~ a sign on the door that you can't bring your own food in, very similar to what tbcatcrs do, so that people arco 't bringing io fmlcb mes. pizu and that kiod of thing. Council Member Vormittag commented that be is looking fonwanl to the opening. Council Member Waggoner asked City Attorney Brotzman ifbe bad loc*ed al the iaMllllCC policy be bas and if be is lialisficd that we an: adequalcly CXM:Rld. Mr. Brutzman llltcd ablolutcly. tbal dlis aaual ClON:CIP!lllllire agreement, except for a few minor i-. is the same CCIIICCllioaaue acr-a as the ODC at the -c:ounc . COUNCIL BILL NO . 36. IN11l00UCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE Al1JHORJZING A COl'lraACT FOR 1llE ENGLEWOOD PUBLIC LIBRARY FOOD AND BEVERAGE SERVICE . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (vi)· COUNCIL BILL NO. 3' ON nRST READING. Motion carried. Ayes : Council Mcmbcn Vorminag. Wiggins. Habenicht, Waggoner. Clapp, Burns Nays : None Director Long thanked Council on behalf ol the Library, the Library Board and hopefully the public. ..... •· , • • • Ea.--City Caadl April 21, lffl ..... 5 ••••• COUNCU. MDaER WIGGINS MOVED, AND ITWAS SECONDO, TO APPROVE CONSENT AGENDA ITDIS II (II) (I), (II) aN(III) ON SECOND UADING. (b) Approval mOrdilluces CJD Secoad Rading (i) ORDINANCE NO. 26. SERIES OF 1997 (COlJNCD. BllJ.. NO. 27, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING SUPPLEMENT NO. 130 TO 1HE SOl111fGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT Wffll 1HE crrY OF ENGLEWOOD. COLORADO FOR 1HE INCLUSION OF LAND WITHIN 1HE DISTRICT BOUNDARIES . (ii) ORDINANCE NO. 27, SERIES OF 1997 (<X>UNCIL BllJ.. NO. 21, INTRODUCED BY COUNCD. MEMBER WIGGINS) AN ORDINANCE AU'l1IORIZING AN INIERGOVERNMENTAL AGREEMENT FOR AN EASEMENI' FOR IMPROVEMElffS ALONG 1HE SOIJl1I PLATl'E RIVER OIANNEI.JZATION PROJECT BETWEEN 111B COLORADO WA'lml CONSERVATION BOARD OF 111B STATE OF COLORADO AND 111B crrY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO. 21. SERIES OF 1997 (COlJNCIL BUJ. NO. 29, INTRODUCED BY COUNCD. MEMBER WIGGINS) AN ORDINANCE ENACTING A NEW 1111.E 5, OIAPTER 24. OF 1HE ENGLEW<X>D MUNICIPAL CODE 1915 ENTm.ED TATl'OO ESTABLISHMENTS AND AMENDING 1111.E 7, CllAP1El 6E. SECTION5 . A,a: c-:il Meaberl Vonaialli, w--.11"1 icht w.....-. Clapp. Bwm Nays: NOiie ••••• COUNCU. MDl8U CL.UP UMOVD AGENDA ITEM It (c) (Ill) ntOII TD CONl&NT AGENDA. COUNCU. Ml:MHR WIGGINS MOVED, AND IT WAS SECONDO, TO APl'llOVE CONSENT AGENDA ITDIS 10 (c) (I), (II) IN (iY) ON nllST UADING. (C) Raolutioas and Maliolll (i) RESOLIJTION NO. 41 SERIES OF 1997 A RESOLIJTION ESTABLISHING PEES FOR TATIOO ESTABLISHMENTS LICENSES UNDER 1111.E 5, CHAPTER 24, OF111E ENGLEW<X>D MUNICIPAL CODE 1915 . .. • • • • I 1d1 •NIii City Ceaadl A,rl 21, 1"7 ... 1, (ii) 1997/1998 OFFICE SUPPLY CONTRACT WllH CORPORA'Ic EXPRESS. (iv) CONTRACT WITH MACDONALD EQUIPMENT COMPANY IN 11IE AMOUNI' OF $39,077.00 FOR nm PURCHASE OF A TRUCK MOUNraD HYDRAULIC LOADER AND DUMP BODY . Ayes: Nays: Council Members Vormiuag, Wiggins. Habenicht, Wagoner, Clipp. Burns None ••••• (iii) A n,commeadltion from die l>epl...-aCPublic Wolb to appnM:. by lllllliall, die pun:lllle aCa Tilt Cab Truck from Burt CbevnJlet ia die anamt aCS32,739.12 wa CXllllidenld. COUIICiJ Member Capp said that ia piag through die bids Ibey all laaked pnay ---But, slle ..... ....... t die tnlCk be • -wlulble pun:lllle if wilhia die cab itldf 111e a&nd lir. DinlclDr Ellerly advilld dley mild ID-" aad evahlMe tbal if it needs to be~ 11111 tbal lie-• pnipllllll lO -........ rigbt --Ms. Clapp ..... if be kmw bow IDIICb it wauld CDll. Mr. Ellerly .... lie llad m idea• Ill. Ml. Clipp commemed tbal slle is jllll curious• ii adds value IO die tnlCk ad llr die Clllllillt _.. lla¥iq dial added to this pulicular uuc:k. Diaector Elterly Slid be clDes IIOI llfle dat ~ availlllle, llut dlat be could Id tbal iafonllltioD Md Id ii -=it IO lier. Ml. Capp llalll Ilic wauld nally lib ID -wbal tbll would COIi, to IDC if we could o&r tbll. Ma,ar Bans IIUd wllll die time factor is oa this pmdlllc. Duector Elterly adviled dlll 111e • ..._., be,-1 tlle ]O days .... -.... ia tbe bid,• lie ..... dlll Ibey .-Id llold il llr--... wmb. COIIIICiJ Member w....-..... iftlley ..... ., ............ it ..ajllll ..e DinlclDr Ellerly take a loak • il ad if lie dliab ii ii-, lie c:aajllll lllM il ....._ ...,_.a..• lie...._.. lie CDllld, lie dida't !law wily IIOI. DinlclDr Ellerly llalll dlll lie .... CllplCl die ........... IIOI ajllcl ID• lddilll • re..e llre dlal ID Ille wlliclc. c.a.cil Melllber Clapp Myes Ibey ..... be lllllill ID ad Ilic apilllll il ..... ..U, lie I bwfil llr dlw .,..,,.. 118111 Ille IIIICk. SIie d ... -. ae very llat ad tllil ii 11llalt tnl:k • dlln. 'l1lia.111111111111. ii die Ira oae 1111 a ewr laaked. very cloldy ...... -jllll ldad a( ailred .... il waa't dlae. COIIIICiJ Melllber w..-, .... it is pnllllllly IIUI ID ........ may odler tnal 11e· ... air coeditioei .. ill. DinlclDr Elterly llid dlll dlil oae, if ii llad air Cllllditioei91, mipl be I prim cllaicc. COIIIICiJ Mclllber Clapp llid slle would lib 10 IDC dlll added. Mr. Ellerly adviled tbll Ibey c:aa visit die ~ a. ... velliclel dlll 1111 or arc 11111 air Cllllditioned ill tlle lled. Council Member Clapp lllled lllal _.. be ..-. Mayor Burns llid ... 't it • quaaion wllelller -could ... it. COUIICiJ Member Clapp llid ... it .... dlea IWiew air. COUIICiJ Member W...-, alllllll IO pc DinlclDr Ellerly die llldlority IO IWiew air. Ms. Clipp llid ya. COUNCO. MDDl:a CLAPP MOYD, AND IT WAS SECONDED, TO Al'PllOVI: A CONTllACT WITB auu CBl:YaOLIT IN TBS AMOUNT o, SJ2,7JU2 JOa A 1"7 TD.T CAa Ml:DRJM DUTY TaUCK. • . .. • -----------~-----· • • • Ell---City Coudl April 21, 1"7 ... ., Ayes: Council Members Vormittag. Wiggins, Habenicht. Wqgoaer, Clapp, Bums Nays: None 11 . lleplar qeada (a) Approval of~ OD Fifa Reading (i) Ncipbadlood Develap--CoonlillllDr Grabam praaded a ...,....neendMioa from tbe Depanment ofNeipbarlload ud Bai.a Dew:lapment to adapt a bill for an ontinance approring I telllpClllly IPOI--Ge permits ud licewl in apecilc illdullrially ZICllled llal. fie aid be is rcp,aenling tbe lllllpDrUy IIIIDlllrium OIi pennill ad licewl lbr tbe uea idenaified 1111 tbe aaac:bmem to this Council C-•nicllion . He ltlted tbe Ila ii bounded OD tbe Wlb by Yale, die 111111b by Dartmoudl, the Ci111 by Delaware and the west by Santa Fe Drive. Mr. Graham advised thal stafl'bas llUdied tbe South Broadway 11a for tbe lasl year and bas identified die 11a shown on tbe Mlrimenc • an a,a with mme major clewlopnmat implic:alions for South Broadway and EnglcMod owerall . He ltaled they ue nquesling. wida this onlinancc. additional liner to lb!dy 11111 11a and bring back to Council - n,c,ommenda&ions for monina and redcvelopmenl of that uea. Mr. Graham advised that they idenafied three Couaci1 pis ftum ._ year, tbe CXllllll!Ullity dialogue. quality of tile and economic pis. 11111 all ielate to this iequest. Tier reque11 speciftcally ii aaiblilbing an eighl manlh 1emporaiy IUlpRlion or moratorium OD imwace of permits and granting of licewl within thM Ila. The City Clerk -asked to rad Council Bill No. 33 by tide: COUNCO. BllJ. NO. 33, INTRODUCED BY COUNCIL MEMBER HABENICHT A BllJ. FOR AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON 11IE ISSUANCE OF PERMITS AND nm GRAlfflNO OF LICENSES FOR 11IE PROPERTY LOCA11!D BETWEEN y ALE ON 11IE NOR11l DELAWARE ON nm EAST. SANTA PE ON nm WEST AND DAR1MOU111 ON 11IE SOUl1l FOR A PERIOD OF EIGHf MON'lllS. COUNCD. BIDER BAaENICIIT MOVED, AND IT WAS SECONDED, TO Al'PROVE AGENDA ITEM 11 (a) (I)· COUNCD. IIIU. NO. J1 Couacil Mcmber Vonniaq IIUd if dais ii IIUI IO iaMlfere wida die -11 beina clone 1111 tbe Enpwood Depal. • far• pailla peraits. He com t 11111 dley an warkiq OD thal project over dlere Md be w swe they would need to pl a permit or ,oneething Ulllela. lee llid. dley work ii • ~ 11111 ii 11111 aSec:ted by dais particullr ~ bill. Council Member Waaoacr IIUd if they-·• abady iaaed a permit OD thal. Mr. Vonniaaa advised 11111 ..._ nlipt be other -11 comina aJona die line. Ma,ar Bumi aid be would lllink fwdler penailS would be ...... if..._ WII naon: work clone OD dial lite. Mr. Graham adviled thal die iMat of dais bill is to lalrict pennill ud licenses on illduluially meed properly in the Ila *-1fied. fie said he believes 11111 WII OD aalti-fiaily ZICllled praperty . Council Member v--, ltlted he-idjUll lille IO naallc ii clear. tor the record. lhal die Depoe project that is aoina OD already, woald POI be afrecled by dais . Mayor Bumi noted this ii cldll!Cld by a poal'lpllical-. 11111 by thew. City Anor.y Bnam aid ya. 10 Ibey would need IO add illllallrial . .. • • E•clewoad City CCNIDCil April 21, 19'7 Pqell • • COUNCIL MEMBER HABENICHT MOVED, AND rr WAS SECONDED, TO AMEND COUNCIL BILL NO. 33 TO ADD THE WORD INDUSTRIALLY ZONED PROPERTY. COUDCil Member Waggoner asked if that would get you where you need to be . COUDCil Member Vormittag said yes. Motion carried. Ayes: Council Members Vormittag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays : None Vote ..-hi OD die DIOdOD to lppl'llft Coudl BUI No. 33 u -*d: Ayes: Council Members Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None (b) Approval m Onli-OD Second Reading Tbeic were no ldditimal items submitted for approval on second reading . (See Agenda Item 10 -CoDICllt Agenda.) (C) Resolutions and Motions (i) Busiaeu Comamity Coordinator Scibdli piacnted a recommendation from the Depanmcnt m Ncigbboltload w1 Busiaeu Dadopmenl to adopt resolutions approving business dcYClopmenl UICICIIIMI. He 111111111 tlley did clilcuD tllis mancr during the Study Session and Council bas the resolutions before diem. Mr. Scibdli adYia:d dial the '"*"menda&ions COllllincd in the resolutions for Finl Data CorponliOD wl<>aai De\~lap•nl direcdy ldec:1 the redeYelopment, reinvatment policy rccolllJllelldalion pn:ICllled llllrilll lbldy .......... Mayor Bums DO(ed that dley allo lad a Study Scaioa OD 1llis OD .1-,y 13•, (I) Agrecmcnl -,...wnsida_,;·..,ed"". The resolutioll WIS assiped I mllllller and rad by tide: RESOLlmON NO . 49 , SERIES OF 1997 A RESOLUTlON AlJJ'HORlZINCi AN INCEmlVE PAYMENT AGREEMENT BETWEEN 11IE FIRST DATA CORPORATION AND THE CITY OF ENGLEWOOD FOR FIRST DATA 'S NEW BUSINESS FACil.lTY TO BE LOCATED AT 750 WEST HAMPDEN. IN THE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEM8ER VORMrrT AC MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) (I) • RESOLUTION NO. 49, SERIES OF 1997. Council Member Habenicht asked if there is a time limit on tllis . Mr. Scibclli lllted that wbal is contained within the actual agreement is a provision. for what they call a claw Nck agreement, for the pay back m the proposed catalyst. He asked for City A11omcy BnllZIIIIII • s assis1anc:c in explainina tllis u be .. .... I· , ~----------------· • • • '· ~ City CoullCil April 21, 1997 Pqel9 did not baYe the agreement in front of him. City AttorDcy Brotzman said he would look tluaup the agrecmcnl and pointed out that it always Im the la1llinalion pnwisioa. Council Member Habenic:ht asked if this p,es with the cunmt owner of the property, that it doesn't -with the property. Mr. Scibelli lllled that -comet. Council Member Waggoacr q11Cllioacd whctbcr tbcle would be I time limit on when he Im to have this clone .... Mr. ScibeUi said be bdMNed thal they illdudcd dial ill there. Council Member Habeaicbt Slated we -not going to ..-this ud then 20 years from -DOtbing Im been clone 111d ...ml)' will pull up the agreement 111d say yau exempted • 20 years.... Mr. Scibelli said DO, dial -not the iDfmt. Ms. Habenicht lllled she UDdenlDod thal -not the illlml, but that she jusl woadered if we were procected. City Attonlcy Brotzman poilllCd out that they ac:blllJy have sm:ral ~ in puagrapbs four and fhc, talking the taxes that baYe to be paid and when they have to be paid. City Altomcy Broczman advised that paragraph nine talks about what will happen if yau fail to meet your capital UMSUIICIIL Basically, he noted, it rapaircs reimburscmenl 10 the City. Mayor BWllS asked if tbcle were any other questions . Motion carried. considered. Ayes: Council Members Vormittag, Wiggins. Habenicb1. Waggoner, Clapp, BW1IS Nays : Nooe (2) A resolution approving the OMNI Incentive Agreement was Tbe resolution WIS llliped I number and read by title : RESOLtrnON NO. 50, SERIES OF 1997 A RESOLl.TllON AtmlOIUZING AN INCElmVE PAYMENT AGREEMElff BETWEEN OMNI DEVELOPMENT CORPORATION AND nm CITY OF ENGLEWOOD FOR OMNI DEVELOPMENT CORPORATION'S NEW BUSINESS FACDJTY TO BE LOCAlm AT 750 WEST HAMPDEN, IN nm CITY OF ENGLEWOOD. COLORADO . COUNCU. MEMSIEll VORMlff AG MOVED, AND IT WAS SECONDU, 10 APPROVE AGENDA ITEM 11 (c) (I) (2) • llESOLUTION NO. SI, SERIES or 1997. Motion carried. Ayes: Council Members Vonaiaag. Wigins, Habenicb1. Wagoacr, Clapp, BW1IS Nays : Nooe (ii) Neipborbood Developaad Coordinator GIiham praented I recommendllion from the Dcpartmtnt of Neighborhood 111d Busi-Developaail to adopt I ral!Ulion appnM111 the South Broadway Action Plan oC 1997. He explained that. on the 111111Cr of the South Bnladway Action Plan. they ba,·e lltempCed 10 summariz.c what was about a 25 pap doaamenl into about three paps, in order to give Council tbc distilled version of wbal they lamed after Win& with busk rm ud rerideots for tbc lul year . The idea of the concept is. lha1 Ibey arc builclina on tbc Comprehensive Plan that WIS • .. •· • Ellcteweod City Couacil April 21. 19'7 Pqe20 <. • • plaed in 1979. He said they wanted to point out which putS of those wc an: still building on. Tbc 5lnllegics u praemed an: a a,ntinuatioa of wlw Ibey praental in Study Sessions. twice prwiouslf, ID Council. He pointed out tbat thcy built on tbemes ol c:ompalibility, cammunic:alion, Clllllamity pride. Tbcy ~ ...... !Clldy added uusponalion. economy IDII 111111n claip u Cllepries. ill Cllda' IO llelp Council UlldcnlaDd wllich IUllqicl each of tbeae tbinp an: lelVing. He llid .... Ibey llllped Ibey 1-e done is idcntifted ways to revitalize South Broadway . Mr. GIUllll ldvial lllat Ibey me p--. ._ to Council in this oadinc form because they think this leaws tbe flexibilily ill tbe ...... He ...... many o{ tbeae ilrml will be l'Cllllned to both tbe Planning Commission .... City c-:il b linller dilamiae • Ibey ID llrwanl with implcmmting tbem. So. be poiDllld GIil. lllil ii GIiiy die... . I He explained lllat tbc plan is inlmded to be a lhn:e ID ftw year wort pqnm. Eada o{ die -. are priolitmd in tbc IClioa llblc in tbe back. be DOied. giving Council -idea o{ wllicla -Ibey will be starting wida, wbicll cma will follow IDII so forth. He amm • 1 lllll. • widl die • ,-r pn111a1 Public Worb -praeDling earlier, tbc dales an: _. anificial. lhll Ibey an: 11111 an Ibey can really acmmplisb this all in ftw years. But for P111J1C*1 otbudptin1 and priority .aiag it --611 to coach it in tbosc terms. Mr. Gnbam advised that they think this is a balance in practical suaiegy. He said tbere will be implcmcnWion dl"ons in tbc form of orclimnca before Council in two Mdls. if they find this aa:eptablc. and they will be seeina lbme pretty much continually for the next sevaal yan. Council Member Vormiuag lllled be jult wamed to clear one thin1 up, !bat this is buic:ally &MDI Sid' direclion by pllling this. Mr. Graham responded !bat !bat -c:orrect. Mr. Vormiuag Slid it is nat doing anytbing. it isjult &MDI Sllfl'direclioa to -in this way . Mr. Graham IIISMRld ya. !hat if Council believes tbc items listed represent tbe major conc:ems for revilllizin1 South Broadway and if Council Im read through the action stcpS. and llfflCS tbat tbosc arc the SICps Council would take to revilllizc South Broadway. they would like Council's suppon. Tbcy will then begin worttin1 on those thinp. be said, and Ibey will be assigning staff' time and requesting money in the capilll improvement projecls. So, be DOied. Council will be seeing them and they will be cross referencing this sa~ing this was one of the items presemed in the Concept5, Stmegics and Actions. Council Member Habenicht said if somedlin1 comes before Council and you would say it fits in with tbe South Broadway Action Plan under compatibility. ll'llllpOltltio and economy . Bui all ol a lUddeD we an to get some feed back from the community lhll this is lllll lOlllething lhll Ibey wmt. SIie ....a to know ifwc will be beld hostage by doin1 this. City Aaomey BRIIZIIIIII said no. Mr. Grabam expllined lhll a policy document is intended to make sun: thal wc arc on the same pqe. that IWf undentandl wllll Council is trying to accomplish and Council 111:a the road map 11d' has laid oat u to how 11d' U*Dds 10 achiew lhll. He DOied that staff" feels it will help gM Council some benchmarks o{ wlw they CID expect 11d' to aca,mplish if Council provides tbc resources IDII staff' time. Council Member Habenicht DOied that there were three public hearings al the Planning and Zoaina lftel IDII tbcrc were changes addressed al each one . She uked Mr . Gnbam ifbe thought this-• sipificam enough piece that it should ha\·e another public hcarin1 or if be thought lbal just about -,tbiq Im come out Ms. Habcnichl Slated that if it were an ordinance kind of thins sbc knows sbc would Ilk b a public hcarina. but she is not sure that they need to this time . Mr. Graham opined tbal t1--adequMe public hearing at the three public hearings before the Plannin1 and Zoning Commission . Mayor Buns said plus any ordinances ha,·e 10 be noticed with public hcarin&. at both the Planning Commissioa and ar the City Council. 10 implement the plan . Council Member Waggoner asked if this in any way c.,cludes the Downtown Dcvelopmcnt Authority District . Mr. Graham said that :1Ctually there was one a,mc:tion lie "'ould like to DIiie. Under the finl bullet on ConccptS they did say create four new regionally identifiable commercial dillric:ts IDII tbll., be SlalCd. should be three new districts. four total . He advised that this plan addreaa all o{ tbc an:11 11aa& Broadway cxc:cpt for the EDDA District . He said ii " his understandin1 that they are still prepui11s a ,,; I· • ... ; t I ilifi'f ln ·~ Ill' I lif~ff Ii .ff Iii fi lllJ ··111·1 l~Jt . iif l" I .I 1lit. i I If• . 11-'rJ·f l l 1111 -• I .. _,,, ~r ~ t diifiJ •, 1 ir Hff h! ., I !r 1 r 1 · 1H1l !a g l IJit!:1 if 1! IJ!lr!lf tff}f[I JiliJ1'J;ftiJ~,r i 1 s,f1~1i !1'JI i~Jlllff li!'lft 1tJ!111·'1 9 r!ftil .. !~Hf t d H~lif.h f 1=hii l1fif i,Ut 1 IJ • ~IH[H Ud f.H,fi a!JH.. 1,~ ti ;j .. :-111 l1~'}1rli !J1'f i~!l1i1~! 1,111~1 lt;f1l11!;ti1i1f If J l ~II :. . 1 I·: .r l I .r ~1 If I l ~-JI 11. . II~ ·,Jll ,~-1;. J11'lfJt l1l!1 · il1rJ-!li11· ·1!1 ;Ji(; trl 11 . i'1· .•r1I I '· llfls i .r : ~,11 1~1 1~ r!l · !!!ifll J1fitl i~Jf,1i '!11111 r 1 -I It I ,a,ft 1it 1 1I [ •1 ~ ti Ii , , I .. .. ~ ·, 7 . • ... ! fi i ,~ ,1,~ llltfllj(IIJ~ £ ~ J1'' 1 !I iii !If •I I lf :1lt 11,1 1af[~lflf [ 1 f I ;1 I§ !a a i if I,, irii l!t!IIJi!iitl I I Ii( f i~I ~Ii i i I rJ J J• Jii1 111J!Jr 1[1i(~ i 'I' ii ii Iii! I ,J fifl !f!1rJ11~f1 l~J ''ifl ~; i rt r I! ;1liJ llt;l'if1I1J 1 1iil ift Iii;~~ t! ! H ~ I,• · ,1lhf Uj ftJ J!I j~i . Iii 'jil!J(i1!111 Iii 1'i iQi ,. ! 1:'' 1rlt1• 11 ht1h •11 i ~~ 1 1r . 1 n t1tJtf 111,!11 • J.1t t , i~ t U Jli hr '~rlh 1 ! · i 1 , • I . . . 7 ... . . , . .. ' • Ea&lewood City Council April 21, 1997 Pqe23 (. • • - l . She expressed amcem that Council Members' Choice was taken off' of the agenda for Study Session. Ms. Capp &Wed then: may be, at times, IOIIIC things that Council may want IO discuss at srudy session radler than at a rqular session, but lhey are not left with !bat option. She said she ~-ould like to reconsider putting that OD the agenda. Mayor Burns said he feds that is a clccenl question. He feels Council bas been spending quite a bit of lime on items at lhe Study Session and lhey nmning out of lime a lat, willl Council commenis. City Manqel' Clark said swl'has been evaluating dial and at._ week's City Manqel''s meeting Ibey decided ID experimcnl willl this. He said be lilldallllllCII dial. ill die ~ of llUCfy .aiODs. Ibey Slal1ed out • a City MuaFr's Study Session and ma)'be 0¥el' die,_.. it Im blCllded into almoa an informal Council meeting. We 'Mft allD IKllic:iag, be said, dial -of die dlillp ... 'Mft coming up Wider $lady SeaiCIII 'Mft allD coming up Oil the regular ....... IO Ibey 'Mft coming up i.'ice. Also, be advilml, lhey ue trying IO c:ompact more issues inlO die Sbldy SelliOll. be said, and experiment willl that for a while. If Council WUll lO ID back. lhey will ID back. be aid. • dley would like lo try this for a while aad -llow ii worts. For example. lallipt Ibey 'Mft able ID Fl • Executive Session OUl of the way, die pemioll isalC out ofdle way ad 111111e cliaamioe • eCllllllllllic dew:lopment incentna. he said, and ewa that -pn:aillg ii ID Fl in here on lime. He explailled dial -the realOII behind this, that lhey 'Mft lloping ID speed up Study Sessions. Council Member Vormillll& commented dial. al limes wllen Ibey are doae M. for instance. ten minUICS after die boar, and tben: is not lime IO ID around IO ewryone. dlell daa 'I ..., it. If then: is time IO have Council 's c:boice wben Ibey Fl done early and know Ibey c:an Fl prcay much around the table. then lhey sbould do ii, be opined. On die odler baad. ~ Burns aid. if )'OU ba\'C ....... bina dial could be railed at the Council meeting, ratber !ban Study Session. )'OU wouldn 'I ba\'C IO lakc Sludy Seaioll lime. He said he feels Council Member Clapp bas a point. somdimes tben: arc lbinp dull )'OU don ·1 want IO raise al the general Council meeting. Council Member Vonnilla& said ii coald be left•• oplioa. iflllcR is ,.,....,bing someone rally wws IO say it could be added on • lhe elld ilr jaa dial -aemller. ~ Bums agreed. suggesling that Ille member could let bim k.-alad of lime ad dim lie ca,;. call OIi llim or ber. Council Member Hlbalidlt aid if ii ila 'I llnllic. doa 't ftx it. SIie aid Ille 1181 been oe Council for niDe yan and it ba always b1C11 dlis way liac:e Ille Ila ... MR. Sllc aid Ille ba De\-er aen it be a problem. If tben: is ti-. Ille aid. dley do ii. if tben: is • lime dley lakc it CMr. but die option is then: if it is somrtbing Ibey really baw ID do.. .... ii .... 't llaw IO F ....... all of tbese formalities. Sbe aid she feels it ba been -'dq well ad ..... , baw..,. ,...._ lcmag ii then:. Council Member Clapp said sbe ha seen Council wai1IC ii before.. when lhey ND OUI of time. Mayor Bums just says Ibey are out of time. sony. Council Member Vonninag a>mmenled that ii has only beea once or twice where he ac:tually wanted to state something !here and he just let Mayor Bums know that be wanted 10 go fint on Council members choice. Mayor Bums said if Ibey would let bim know. be -.kin ·1 need IO go IO every chair and ask. Council Member Vonninag Slalcd if a Council ..-lber has llllllllbi• iaponam Ibey can just let Ma,ar Bums know and you can be the ftnt one . • • Ea&teweod City Couacil April 21, 1997 •• 24 ,, • • - Council Member Habenicht commented tllll what they could do it just raile their band. City MuaFr Clut said we will jult put it bac:k oa. a dial will be a lot Cllier. Mayor Bums agreed they could jult put it bac:k CID ud he will ask, by a show al bands, wbo walllS to say IOfflf'daiag 2. Ms. Clapp said theft: wen: a llllUple al CX!nYDeDCI made• to ldl'ordlblc housing. ud oac -in nlereDcc to adbdlble bousiag • to die ddinilioa ha die Mayor's Caucus. The oda ---in nlereDcc to afl'ordlblc bousiag duaugll die Haulia& Audlority. For lier OMI kmwiedp and iDformalion, Ille requalled Mayor Bums ID provide wllocvcr is ....S iUll1llllioD M to lbc ddillilioa al adbdlble bousiag far -=II allhoe clillelal cmities. Mayor Bums said affordable bousiag is llllle al a delcriplM lam of I whole myriad al programs that )'OU can initiate in onler ID aaill people in purdmiDg bousiag. It is aat really an exact definition, that comes CID a pn1p1111 by pn1p1111 basis. he said, becaulc you imy qualify for a cenaiD benefit. or a cenaiD program, .._ 11p1111 a iacame pidelille. HUD -'Y uses a pen::en1qe al median income in lbc COIIIIDUllity CID their qualificalioas. Tony Hernandez. lbc HUD ·~ likes 10 talk about aftbidllblc llauliDg • die whole CDDCepl, lbc whole bn::adda al bousing ud bow it can be affiJnled in ditl'erm iacame caleplies, he Slid. Mayor Burm i:11 lhll. to Mr. llcnrmdez. it is mare or less a concept. ii is DOI a definilioa dial bas exact terms. The idea is 10 Ft away from welfare type implicalioas, he opined. • far. bousiag is CXIIICCnled. Couacil Member Clapp said she aaticed that lbc Housing Authority kepi bringing that up at lbc Town Meeting ud she would like 10 "-wlw us meant by that. Mayor Bums said he can Ft lier - mare infonnalioo on that, but ii is moe a coacep1 dlaa a program. 3. She said Ille bas a aiuple al leaen dial Mre pea to lier. She said Ille RICeMld -.e dlaa a cuuple. but lbelc two specifically amd dial lbelc be CIIICnld into lbc ftlalld. SIie said lhe 1111d DOI bad a c:bancc to a,py diem ud amd dial die City Clalt give lier a a,py . Couacil Member Wigim aslied what die lctlen -in regard to. Ms. Clapp 1apoiided dial oac is a klacr IO City Coaacil. IO Council._. Fl capiel aldlea a well . Mr. Wiaim lllid dial ifdley an: Fial to be CIIICnld i.-die -.I. he Mlllld lille a ~. TIie oda. she said. is to die City M811apr Md City Couacil Maabas, IO lhe will pruvide dllllc fOI" cw,ybody. IClalt's aote: 1wo leners wae entered illlo lbc ftlalld. A letter daled April 19. 1997 f'rom David 11-. 41SI South Ddawareaada leacrclated April 19. 1997 from Ruth 11-. 4065 Solllh c...._ Slrcc:t. I 4 . She 5laled tllll she -just a little bit alllNIDd CID the reueaa ia lbc aftcraooa . She said it - her undcraacling tllll they were to ~ clepanmcnt heads and Council. She said she -curious • to why lbc Housing Audlority -iacluded. Mayor Bums responded that. for lbc lasl SC\ 'Cr.II years. the Housing Authority Slaff. by c:oatract. adroiaistcn lbc BUILD p,ogram . The Rehab Lou propam is the sune way. be said. When Paul Mali-*i -tbcrc. City Manager Clalt 1'-ould talk to him and ~ him sit ia CID caioos widl the City Slaff almoll u if be was a Slaff manbcr. Mayor Bums cxplaiacd 11 -mainly bec:aalc al lbc c:to. womag rdalNJasbip 11ecween lbc Housiaa AUlhority and lbc City -lbc )'C8l1I and because lbc p,opw arc adminilla'Cld uadcr IXIIIUaCt widl die Housina AUlhority. He c:omlNGled dial if you arc goina to talk • • . .. • • iii IJ}i 1!,'i [!Ji fll!lli fl Ji It !}!II !f(Ji II !!f •JI !1:! '! i~1'I 1!1 1ili i1 !~ it~ li 1?1 l1•fl 'I !~ 1~11lr1 111 ,,,1 ~~·;~ii il aJ 11-iii'!, 111111 , ;It f I(! !ft f !1• 1 1!1lH1J w1. ~I h 'lilr 1·l[lt 11 ., · 1 ! 1,(1 .1 I .. , .,,1, 11 h ifJ J} JI ..• ,,, I' iii :Ii !f! tJJi 1!!i!ll !J Ii if !,!e {lli ~i ~1 ·1• iiJ 1 11r !Jtf f'l!Ja 1 111! 't 111 11 i~~r ff f I · l i t 1 • · .-1 i · 1 r 1· i 1 · ~ ;i i I tr~ ,,, rri 1~!1 ,11111! fJ , (! fl :111> 1tri ,1 1, f[ if,. t::·, ~t:, I . a. I II I! f·~J . rfr , . · It~ !jJ I j J 1 f I~ r !J. s J. f ~ F ' ( f I 'J f ll 0 f ii .. , • I· i · ti i : ( I~-•. l 1 ! 'if j I i O ! -1!1 ii f I 11 l .. e; .. _ ......... IL I I ;;·! 5 I ., .... f~ra. ~•'1 l 8 1t ~tl1 r•r (~r fll ~v••a& -( ~ I ffr &ft I ! •I I ~ ., J f I I ~I ~1 , • , I .. . ~ ' 7 • • ~ w N X -0 iii ffli ~!,'i l!Ji !tf!III 11 Ii ii !l!I' 1111111 !!f di lnl r I htl 1h1r1 1 1 ' II h 1,;,r 11•d 'I !a ]rl il1'1 i l 1 tf1 f:f!~Ji It ~f 1 (1 Jlr~I ~l11i I i f r . 8 I · 1 1 l I j ~ f . f t f I a· i l f :· it I i I j ;.J 11 f l l ! ;it f.1 f ! !.fi (!: l f 5 ·11 J!if fl h H tljJi 18 · 1!t !J s r ~ 1' J !:~'-tla ! irl • ,J·r !I Ji' iff i . ., . ·!rrl Jf i ; ! . I ' ! ( I f. r f ~ l s: 1 i r ! • , t •. l t I -J: t . I· =· 111 . i I" if ·J 41.rr t; •. 1 ;. rs 11 ;. ... ,~ J ,. 1 .. Ir . f 1 • ;r u ;r I i I· 1 i r , ~ •. · ~ I t f It ir I f ; · · 1 I [ . I i ! ~ il ! I ! ! : I It f I ! ! ' l [ I .f ! ft ! t. Ji I i ~ • f . f[ ·1 Ii ; tf -~ ;•B( ','i Jt!i iii !iii !lilff fl 111 ( I! i!IJI> 1!11 fl . ' ~ i, i. • . ~ t f ;r" ,· s s· f t . 1-J i si r 'J r r 1• l j!f hf rH !1~1; JI I .; ;,, [II . lf f 1 11 I} iii ltit!~ ~ ; ~I Iii! !!1 i i' ~Ji Jil Ill~ 1!fl11 I I 11 1 ,1' till f i f I •·f B ., ) f l I I !~;r a·1 , • r I . .. '·' • ~ • Ell&lewNd Chy COIIIICil April 21, 1997 Pa&e26 ·, • • Council Member Vonniuag agreed. adding that it should be a letter from the City Manager apologizing for the run around she got. even though it WIS kind of a catch 22 sitllllioo. City Malpl" Clart said be thinks Wuae Management owes her an apology lcncr. too. and we will do whalwecan. Ma)'OI' Bums felt it -ral llllfonunatc that she had to come down and rad this litany ol basic tbal sbe had to ID tluoup for three days. City Manager Clart said be will take c:aR vL it and will draft a leller for Ma)'OI' Bums' signallft. He said there AR a lot of companies in that business and if Ww M,.,.,... can't aime out and pt it then they need to be put on notice that they have X amount oltimc to do it, or we will Fl~ to do it and charge them for it. Ma)'OI' Bums added that, with our mic dcYdopment pn,jccU. there will be a lot ol those around. City Manager Clark agreed. adding that kids like to tip them. 1rus has been nnaccepcable and we all looked foolish on this one and we need to take whalever 51eps to make sure it docs not bapJlcn again, be said. (iii) Council Member Habenicht: I . Sbe said WC were 'YCIY SUCICCllfial moving toward Light Rail in the Southwest Corridor primarily because we worked so bard as a team. with staff working with staff, and Council working the political piece. Sbe opined that, based on the session on Saturday and people asking for action. there is a lot at excitement and potential for this Museum of Ou1door Ans doing some son of partnership with the City of Englewood. Sbc said she would like to see us working in tandem with the staff. working from the staff position and working together with the political angle of it. She said sbe mentioned 10 City Manager Clart tbal she WU FUii to bring it up and asked if she is c:orrect that be doesn't have a problem with that. City Manager Clart said he did not have a problem with it. but wc sbould be ICllliliw to our deYdopcr, also. Council Member Vonaittag med if a meeting oould be .. up widl tbem ID -CIOUld .. IO "-cacb Giber. He said be feels tbal the najority olCouncil is iataated ill dlea coaiac 111111 it is oaly ripl tba1 -.. down with them to -wbal they AR interested in. He --City Mw., Clart if ..... hi .. could be let up in the near fulw'e. maybe after the declioll m die __.. CXlallCil ~ ca be ilMllved. Ma)'OI' Bums said that is a FOd idea and that we should IIUdy the best appna:h. opilliaa tbal it is a pn:uy 900didea. Council Member Habenicht said she would IW'C like to be inwlwd in that. Mayor Bums said be is sure sbe will . 2. Sbe opined that there WIS mme excilelllellt ,cacraled on the clean it. fix it. paim it idea. The people that were there. she said. were asking for action from Council ud she feds it is IOfflClbi•& we oould SWI acting on ral fast . She suggesacd directing tbe Clean. GRICII and Proud Commillion to look al possibly putting IOgelhcr some son ol program like this. but not with the onus ol jusl dumping it oa dlea without any Giber raourc:a. but asking that maybe they take a lead in pulliaa in the wllolc cc m wily. Maybe IClccting an _. or doing a time line ol ditrerml areas where -c could all Fl bebiad dlca. ..,- throw in some raources. even if they need a small buqel ol S 1.000 or 10 to Fl it piq. SIie felt -c should al least pt this one stancd because lhal main& and aJde iaic WIS 10 big. ' • I • ~ w I\) X '-. . 0 . ) IJ 9~ lf'il f t~~I[ 8 ii ![Jf~ 1fir:11w1~ ~!If ,t, 1,J1 1r 1 > !1111 I;; it~,1 J1 1ifilll{: ~11 1 . I• i' h fl ht h; h1~i at "th'· ,if i '11[1~ !II!( ~Ii 1!J.,l1i ijf!•1·11,!1il !itl , 1 i 1 .. .].Ji 11 R" F' 1 • f i e = , · I 1·1' s· I 1 , J ~ l J11 ! r1l! i~ !f,~R" i!! ~il;f 1fr1!'l ·i i Ji at I • 11 • tr i ir, 1' ;a}' H· ir • r i}• f [ p 1 Iii .. IJil ff · 1pt si! f whJ. J!f 1,1' ~Ii 1lii !!~ f !I! f ! "Ir :~: e1!!11r th,J h~ JU I D: 111· SI I &~ ~ ~ ~ ti .. ri.11 •tJ! I J,lr is 1lltf IJrlr(rii lfl 11.·· ~ Si, "'Ii.Ii ~ ·1 · R ,-&~ .' • iff ~> 1,1 11 r 111 •,r J t !~! [!Ji f ~~. 111 !l!r . iht•n1,' '! i Ii~ 11~· r [r[[ s ~ If I [1l 1 r. iJJ , • l ,t l'I ~~t !g i ,, I .. , "' ' 7 .... . • ..,. (... . • J l!j~ii i ti !Ill [ 1-,-~ 1111~ Ii l!lli fi~f~ 1;~ Ii !if l r I· f f If ;; t g f f ! r .. t .. if if f 11'1 & f f Iii f if tJ f · 1 :- J t l 11 ! 1! [~•! ! J~i (fill!! 1,1(! rff 1! 1 i!J I !! [rfrl t I IJil, 1~1 1 i11!l ti tll:t 11 1111 1:g · I l . i I 'I l l f ,-( fi f 11 f. I i · l t 11 If'( t • if • i 11· I .1 · ( f : f 1 :: ~ !: f l g n · I!_ .. J l ~ ~ · ! I a' } l 1· l ~ 1 s f l i ; i· a::; f -= l I i 11: i i !. i -= a::; • I :I f l Ir . I f 1 •r1r ~ t iifl I i1·1l 11;! ti ~·lJI 1J1li < "Jt I . t i ~ . :, 1· 1· 1 a::; 1· . -l J . f J l ~ l J :I if J f I I I J,1 1< I ; ~1 1f fit~ 1,111 I! iiJti' !tri! I ;i i I J ~ 1 &· I-a I f l I r ~ l Ii l r · a-I-i :: s t 1 1 l slJ1 I-l 1 111-1ft 1 Jit .. ftr:81 . l!.SJ RJ. f f !•. ;· f SI( : •f1 rit . i. 1Jt-!i 'Ir'. lr· t (·.111 I I ;sl i I·' !(it ~· if~l ! I rit s( i 1 :~' 1 'fi • IJ l Ii 8 11 1ta 'l1 1r !! 1 ffr; [ t~ i ! I ls ;JJI s . ! ll ~&::ii ; If ! r,· I i If ill' i tJ I rtll 11tl 6 1 ~ 'Iii 1 rf t"• 1; ,11 1 i ttH 1;!. F• t lwJ I l1j< · ti ffJ, . 1!:r •11: fl I s a. e· l i 1 s r 1 s 1 • l , . \ r ,• I . . ' .. ' 7 "' ,• • f:a&lew .. City Cawil April 21, 1"7 ... 2' • • Coam:il Member Voraiaaa ..._ City Maaaa' a.It a llil opilliDa oa Mr. Vonlliaag'1 MIiking with City .... it. Mr. Ollk -.. ii --.... City ... ii clllillg OIi ii. except filr the Neigllborbood WIida ,..._ He llid Mr. Vormiaag ii callialy welcDae. lddiDg tbll llllting with lat year we were ,....._;. ID iplwl die rapoesibility OUS dll'Ollp the Lildetan and Englewood CIIIIIIIIUIUUCI. Malt of dlll dbl, lie llid, 11B ._. camill& &om Neipllarlload WIida and our -a aupport role from Safety Servm. He m:allal dlll ... ,-r we 11111 ,epWilllltiYa hill LialeloD and Eqlcwoocl. He said be will 1111 die uliw--ID Mr. Vanaiaaa- 4. lie ... II, ComK:iJ'I mppCllt ia plll ID die ......... Coafermce of Shappiltl C... in La Veps widl City Maaaa' Cla.t. Mr. a.t aid lie ii loam& ript i1DW •.-a,._.., manaiilg adoaaillllld w......., ............................ dletlillcwlliwww. Hedlaapt _,. AltSc:llelli 6-~ad ... Dewllqi C 11 ...... • allilll lDdlelill ......... Cwil Member Vormi131& said Couacil will 1111 • n,pan &a.a• oa die cwfaeacc . ...,.. a......_ wlllll be iaSelldl ID ICCllllplillt 6-dlil. Mr. VOflllialg llid lie will find OUS llllous die ..us m lealll • muc11 • be can 1111ous s1iem. Caacil Memller fflllalicbl llid Ille dlUlb dlil ii a pod idea in -aldle ract tbll .. Im ID Kl lilre alf ad cu'· ay a laS ofsllc dliap lllll • elecled a8icill wllo pea llaag cu ay. Wodwt& • • 11a1 tbll way ca lie w.y beaellcial. Ille aid. Slie llid Ille Ila -Mr. VormiSSq wmk in a liSulsiaa lillc dlil m Ille feels lie will .ally pay l3ICilsioa ID wllll ii plll OIi. He Im awr IIUII IO lie a p1it of ay kiad of wufe.www •.,.._..like dlll ad Ille feels llil dodiclsioD ii dlen: ad dial be Im callal, hill die WiY beaiMUII a l3nlill iW ia 311c .--t11 I of Cindaella Cisy ad brilllUII iD die ME -die oomaail) ......... ilr. SIie opiaal ... be Clil ICiW .. well clllillg ..... COUJIICD. IDJOD IIDENICIIT IIOWD, AN8 ff WAI HCONDD, TO Al'l'IIOft TIIE anNDl'l'UB CW NOT 10 Dem St• ,oa COUJlfCD. IIENKll VOlllllTl'AG 10 R A PAllT 01' nm NUGATION no11 ENGLEWOOD A1TD91NG nm 1CSC CONJDD(1 A,a: ea-:il Mealleis Varaissaa, llllaidlS. w....-,. Capp, a.. Nays: ea-:il Memllei' Wi...- 13. City ........... (a) Cisy M-,er Cllill ,.__ die Cialllnlla City AcsMsy Rlplit. He llid 1111 iW¥illd die IClllilllle .. -• copy to Eqiiislllle. iD .... -........ belliild ...... rn. .... - oripllllly ....... a.aDIISh. HcllidliellepsdleS SI I 11 l,.dllei.-:taalarplSdllC. Alt.a die._ _____ liellid. liebeliews Lwenften .............. ..., ... ia die ...... of clolilla die-· 1111n ii.,.._ wisll iepnl ID W ... lie aid, ad lie advillll Cwil .... lie iadadld ia dleir,.... _ pna c:lippillp ........ slllir ... ..,.. a.... liSuasioa. Coacil Member Wigilll llid dlae lWII a lllide ill die Rac:ky ..... NIM S11i1 ...._ .. 11ow iD die IIDle w .. ii. City ....... a.t aid lllae ii ....... wiSll ilpld lO Ille CMir a ti dllillip « wiSII Merc:a.dl. He ad¥illd lie 11111 I ..... wiSII MillcnlC.isdlel ... WIik ... ..,..... _ ... wiSII .epnl lOdle PUD ......... A laS of3Mldelay, liellid. ilNllllllltodle ....... pllll•,.__._ • !qleweed City Coaacil April 21, 1'97 PaaeJO • I• • engineering issues lhat they are still in die process of llll1iDg lhruugh. One is wbedler or not lO haw an devalcd puking structure and they are also dealing with die engineering issues of die n:taining wall that surrounds die ~ puking deck along Hampden and Elaai and wbal kind of i~ lhat has on die fill, be said. Tbey simply can't take die deck dowa wilhoul die walls falling in so lhat will iequiR 10111C additional engineering and may haw -implicalions on their fill. So that llall' cloelll 't Ilea-. a go«twD with Council and MillcrlK.ildldl, we haw ICbeduled MillcrlK.ilCbdl to meet with Council M thc May 12*' Study Scaioa, be adviald, and will pc a .._ rq,olt CID where tbey are OIi evaything with rqard to tmanl nauitment, ,euing die sight plan appl'CM!d and IO farth . Mayor Bums c:amm Ill t that be went lO die Arapahoe Mayon and Manqers Bralr!alt Friday and there w another pramtlfim by Rm. Cal Mandia, die ,eneral manqer, said that die fimding for this yar for die Rm Ugbt Rail Project is -in die U . S. Senale. In die Appropriations Commiaee they bad asked for $41,500,000, die Houle rmxnmended S2 l,500,000. They are attempting, primarily through SmafDr Campbell. IO railc that number and Ibey are fairly ClOllfidcnt lhat Ibey will be able IO do so. Mayor Bums said Ibey are ready and willing to asisl die lallbyillS and llafl' if they nmt letters for that and so fonh, but it looks fairly politiw that they c:aD keep CID track for die project U they n11M ahead. 'Their scbedule, be said. is • little bit ahead fl die full fimding gralll agn,emeaL Council Member Vormillag said cwry time we '°'* at lhae it says Rm Ughl Rail Slaliaa ClOlllpleted December 1996. He asked City Mauaer Clark far any activity lhat may be negative or politiw CID this, so itjull cloelll't say c:omplcce and lhat's it. If~ is activity going, money going up or money going clown, or wute\'er, be said be would like IO be kepi abreul fl it. City Manqer Clark said. addressing die illlergO\'CnlDle agrmnent. that right now we don't really haw anytlling die going with Rm with rqard IO this specific: site. M far u die funding, be llalal, we will ~ our dialogue with die labbyias . Mr. Vonniaag said Rm Ugbl Rail jllll CO\UI -,tlling. If there is ...oing going Oil, wlldller it is politiw or neplive. be said be -.Id like to be informed about it. Mr. Clark said lhal. with funding, we will do it duullp ....-dlamlels witb rqard to bcpillg Council iafanDed CID where Ibey are OD the ftmding level . Mayor a... said another thing they -don ud lllled about w mt iaa t111111op. lbough it may be n:a1 carty to talk about that now. but to ge1 vo111111eer supplies and labor ud ideas io euuce and design die stop so it isn't just die normal c::oncn:te and a little shelter thiag that Rm --aly would do. Council Member Vonnittag said that is great. and he opined lhal if we bear that we can say sun: we think that is a pal idea. we will give you Englewood's suppon as a Council . Mayor Bums said be would also like to"-whal has been done on lhat because it takes a couple fl )'CIIS to Fl people prepared and do -planning. They ~ .. -.I examples •• meeting -.I months ago. he said. fl-really ranart::ble enbanc:ancnu Ibey haw done in Southcm Califomia ud other places to -fl these light rail IIOpl. Council Member Habenicht said we ha,-e had a group that has been meeting witll Rm rq,raaaaives bued on die design fllhat stop and tbat money lhM w desipaled. ill.._ oldie enbae mN. And, she DOied. when Suzie Grace was ";1h us. she was 1he one that W IDII flwomng with the Rm staff'. She said II die dcdicatioa one of the bolrd members mgc:lled that we gel IOplber widl Cal Manella ud ' ..... .. • . I· • Ea&leweod City Council April 21, 1997 Pqe31 . . • • make swc tbal tbal piece cloelll 't gel lost. She llid perhaps we need to make swc we bavc a Slaff' person who is designated to work on that, to maybe pull the people and RTD Slaff' together, and perhaps our RTD represeolatives to make sure tbal we arc still following tbrougb on that. She feels there were at least two meetings with community members and City Slaff' and Rm representation on that, so we need to make 1WC it cloelll 't fall through the cracks. (b) City Manager Clart requested a Paformuce Evalualion. He read from a 1DC11N1 in that rqard tbal be rapectf'ully rcquau City Counc:il to Clllllducl a City Maoqer's Paformancc Evaluation al the earticlt passible dale, rather than wait until the next cycle, which would be al the end m July or August. He llid be bas two realOIII for this request. 'The firsl is, that it is i~ that be CDlltinuc to enjoy Couacil's ~ and c:ooficlCllcc • be works on the various ima facing the community and make IUl'C dial lie is warkiDg in the direclioa that Counc:il WIIIII him to. It is also eaential that we lllliDlaiD a CIOllabonliw dialope, be llid. panicularly when clifferaca « opinion arise. He llid be refers to some « t11e cwia mdle ... JO to 60 c1ays. Secoadly. 11e llid. his employment agreemeat requires that we c1o this every six IIIOlllhs and we rally haven't done it every six months since he has been here . He 5laled that CXlllllllitting oundYcs to a once every six months dialogue CIISUR:s that potential prublcm areas arc addre-a btluiglllly, raaber than. if there is a prublcm OUl there, it fCIICl'S under the surface. A ltJOag bmdation, be llid. for a Counc:il Maoqer pannenllip, is forpd and susaained through a mutual agrcemeal oa wbal tbc pis and expec:tations arc for the City Maoqer. In addition, he llid. be receady came acrms an anic:le tbal appeared in Public Maoagrmc:at oo this issue. which be attached to Council's copies m the 1DC1110 and feels they will find enjoyable reading. He thanked Council for their aJIISidcntioo « this n,que11. Council Member Vormittag asked if they can put that on a study session agenda or in ExccutM: Seaioa. Mayor Bums agreed. Council Member Wagoner said we all bave a lendency to forget when tbiap arc due and it ougbl to be ICboduled every six maatlll at an alf Sludy Seaioa ud if it is ICboduled that way then we don't forpl it. (c) City Maaagcr Clart llid be wues a lialc -diftlCtiaa OB the Ml-.. « Ollldoor Arts. but plefaced that widl 1elling c-il wllerc --•. He aid -bavc bad -meaiap widl die folks_. tlleft ud wllal we arc doillg is -"iaa out tlle ftaaocial pro forma oo what the .,__ ud maimmzeoe a11t1 ~ be if they do -to tlle City aad dim also wllZl the pro rasa llbnft m die Cllll m CFM111 OUl five to tc11 ncra m the Ciadcrdla City lilc is. He IFid they bad a meeting with them ... week and we arc joiDdy ...... tbeze ......_. aad tlley lln¥C pn,vided us 111111e nwnbcrs oo thzt. He DIiied they iDdiclled at ... week's mmiDs tbal they ate loakill& at odler kalions. wllic:b we knew. He llid be thinks what Counc:il is asking is tbal we put togdber -type ma study --to gel ac:quainled with them and maybe WC CZD bavc -« this lwwut, tbal WC bavc been working with them on, completed at that titm and then bavc them come-. He.._ iftllnl is wbal Council would like for him to do. or do they alto IIIUI a CounciUstaff' ICZIII. He 7lbd, if that is tlle CZIC. who would they like 00 that team. Council Member Vormittag llid lets just gel to kmw tllea Md Mar wbal they hPc. We may be putting the horse before the can since Council Member Wigim may 11111 be in fawr m this at all. he llid. Lets ICC and bear wbal they bave to offer and then ICC the atllllller OB wbal it would COil for them to come . Mayor Bums llid in tbc -time -mipt .. tbeze l**dl m illformatioa on what they -nbout. City Maoqer Clart said be will do that ud then we can aet ICMDelhiaa toplber with them. ' • .... • . .. I· • E.--1 City C01111Cil April 21. 1'97 Pqe32 • • d) City Mauger Clark said be also is lelltltMly planning to go to thal CML Coafamce but be needs to come back a clay early on the 2,.. He said be would like to aJOldinale rides with mcmben al Council who are Filll • a way to bold down expenses. 14 . City Aaene,11 ...... (a) City Alloraey 8nJtzman reminded Council thal they previously discuaed propeny 11CX1 to Cemcnnial Lake and the pun:bw al30 m alllhon: buildup. He lllked for aoorizllioa for Sll,000 for dull 30 feet. Council Member Vonniaag 8*ed wlleft die -,. will come li'om. City Manager Clark said it will come from fund balance. Council Member Waggoner laid be lboughl we were p,ing to try to obtain thal whole property. City Attorney Brotzman said be will do a fidl recommc:ndacioo to Council, but right now we can 'I aft'orcl the fidl property. We do need to sbon: up and take care al the 30 fcct, be said, as lbcrc is an offer out in Sheridan and lbcrc is a requat for aancxa&iGa and thole are real tcnlali\'C. He a>IIIIIICllled thal we don't know what die price will be for the fiall piece al property, but right now tbcir asking price is too high. We are DOI aaiDg to coadcmn II this point, we BR just simply asking for aulhoriution to purcbalc it. be cxp1aincd. Council Member Waggoner asked if the 30 feet is back in the water, because they excavated back about thal far. Mr. Brotzman said we'll get 30 feet dry . City Attorney Brotzman said Ibis will have to come back to them by ordinance for aulhorizalion to go forward. COUNCD. MEMBER VORMITl'AG MOVED. AND IT WAS SECONDED. TO LET THE CITY ATIORNEY AND STAFF AUTHORIZE TIii: PURCHASE o• THE. nn ,OR THE EAST SHORE 8UILD UP AT CENTENNIAL LAD. AND DPLOU ADIACENT nonaTDS AS WEU. Motion carried. Ayes : Coacil Melllben Yonaiall, Wigial. Habeaic:111, w...,_., Clapp, Bums Nays: None (b) City Attorney en.z-.._ Cami if they want to go rc-anl with the Execu1M Session on April 2 .. to discuss a pcnoad utcr. Council Member Vormittag said dull is the -be -lalking about wlleft they aJUld do City Mauger Clark at the same time. Council Member Wigins -nat in fawr al thal. City Attomcy Brotzman said they also ba\·c May S"' wbicll is a reptar Council meetina nisbL but at lbll meeting the Study Scssioa is ICl up for compensllioa review for the Municipal Coun Juqc and the City Attorney. He asked if they want to add the City Manager to that list. Mayor Burns IICllcd a Cllalp'nlllioa review is diff'crcnt from a paformaace evaluation. City Attomcy Brotzmlll said that is risbL Mayor Burns commented that tbc have been discuaing that, by the 2,,-. they tbougbl they may C\'CD ba\'C a coallXl for Cindcrclla City . City Attorney Brotzman explained 1h11 tbcy are loalwta II lllll lChedule • . .. I· 0 I I • ,... . .. · ... • . . ' ., 111d sally pnaiDg iJr May 1• rldler dlu die '/J16. He ad¥iml dlll lfdley 1111 it eatier dley • -it• ID COIIDCil. c:-:iJ Mllllier Vonailllc 11111111 if City Mlmller Clllt'1 C\1 I t'Ga ii Wlllll or wrilMa. Cow:iJ Meaber Wialia advilld llill il ii• cal W +eiee nM&W. Cow:iJ Mllllierllll I k llidMr. Clllt illmlllfar• _.._.ad *dDll • lllillk it ..... be ..................... _ ......................... dle ..... •dle111", ....... it·--dlecaaatlix Cow:iJ .................. dleCily Alllnly .... dleCity Mlmller -,Ill be avllilllllc iacae dley 111¥1 qlllllliDM. Soedbi .. my came IP lllll we mi&III-ID ... *aid, .... it .... be ........ 111¥1 .... ....... Mr. Voraillll .... if•-.-.••lllll ..... dle11/",...._ ...,_.._....,.... 6ii111Mly, ................ Caw:11 Mllllllrllllllllic:llt dlll It ......... die Cow:iJ. Cow:iJ Mllllber Hlllcaiclll llid ,-. 11111111¥1 peaplc IIWlil'I by ia cae we alld iafDoeMica. 15 . ' I '· • < .. - • .. · ... • . . .. • • • • (. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNT\', COLORADO April 21, .,,, I . Call .. ONer TIie n:gular IDCding oCthe Englewaod City Cauncil -c:allcd to order by Mayor Burns at NS p.m. 2. TIie Plcdac o( A1Jegiance -led by Mayo,-Bums. 4 . ..c ... Praeal: Ablacnt: Council Members Clapp, Wiggins, Habmichr, Vormiaag, Wagoner, Bums None A quonam was plaellt. IClcn'1 no1c: 'l1le Diluia I~.,.. is Vaclllll clue IO the RICall oCCauncil Member Madiaway by a aa,jority o( the \!Ille • the l-.y 14, 1997 RccaU Eleaioa. j Alm..-.: City Mauaa-an City Allonlcy BnJmmn City Clert Ellis Din,ca Ellerty, Nllic Wolb Eaciaeeriltl Maa,er-Kalllll Din,ca ..... Lin,y Services ~ C-vl T I I CwdiaaGnliua Busiw Com ily Coanlinalar Scibelli Din,ca Si ...... Ncipbarliood .... Busiw ~ S. M--. (a) COUNCIL MEMaD VOIDl11TAG MOVED, AND IT WAS SICONDU, TO APPllOVE THE MINIJTU OF THE ltEGUIAll MErnNG OF AP1UL 7, 1,,7, Molion carried. A)'el: Cauaci.1 Members Vonaiaag. Wigiaa, Habeaiclil. Wagoner, Clapp, Bums Nays : Nooe 6 . SI tic lee Vilitan ThcR wen: no ldlcduled visi10n . •. .. •· , • • • £aclewood City COIIIICil April 21. 1997 h,:e2 • • I • ••••• Mayor Bums advised that. lalcr OD tbc Aacnda, Council will ClOIISicler a rmution 10 approve tbc OUllinc m tbc South Broadway Plan. He poinloCld OUI dial tbcre is 1111 onliaance inwlwd tbcre that addresses any pa11iaa1ar kind mbusincss, it is just tbc bnlld oudincs mtbc plan. He noted that nooe mtbc ontiunccs dull have been before tbc Planning c-eiaioe in Ille ... few weeks will be before Council tonight . (a) Stew: Copwdl llatod he -lqllalCllling OutSoume International and tbal Ibey have just reccndy pwdlllled Stud-By ~-He said he belieYcs. for tbc IIIOlt part, bis COlllplll)' has been reccndy updated on tbc pnia,edillgs dull have been .....,,..ing belw the City m Englewood ad S&ud- By Pa-..cl. Mr. ~ adviled dull he is here. for Ille company, to (IR1IIOllC wluil he hopes will be • win-win situalion for both panics. Bccaule, he adviled. they ralizc from the aclioas and proceedillp takca dial tbc City does 11111 WUI to have &emporuy help ~ located in die disarict Ibey -ad lilie to be in, that Ibey work IOICIJier and O\'el' Ille IICXI four aOlllhs Ibey will reloc:atc out m the City aad be able to have lime to do so . Mr. eop.dl ........ Ibey dlillk four IIDOlllhs is • fair -m lime - Ibey have already aclMly llal1ed looking for. -..... within four IIIOlllhs Ibey hope to be ~- Mayor Bums noted tbal this is a CIOIIIIBClll period for Ille visitan. dial it is 11111 rally a discussion lime for tbc Council . He advised 1h11 they~ very much 1h11 he came by and he -sure this - WJIDdhing thal can be discuacd wida tbc City adminitlralion. Mr. Copwdl asked if dial is who heps to next. Mayor Bums Slaled 1h11 the actaal onlillMlle dial -appruYCd by the Planning and Zoaillg Commission is quasi-judicial willl Ille City Council aad Council Ima 't .,am it yet and they can ·, even direcdy address it He said Ibey bave to Mil lcplly Ulllil it comes. bul tbcre is cer1llinly aodling dlal would preYCIII Mr. Copwdl from talking ID llall". Council Member Clapp thought aa)tJc Mr. Copwdl ClOldd ~ bis informalioa. bis pboae number and name. with die City Clerk. Ma,or a.. aid llll'C. dial he ClOldd ave bis illformalion with 11a1r. Mr. Copwdl asked who he should coalxt. Council Member Vormittag advised Mr. Copwdl lbal Diffl:10r SimpllOII -standing riglll tbcre ud lie should gn,c him bis card. (b) Terri Olllllled. 4701 Soutb Elali Sired, advised lbal she is a bomeowaer, resiclcal and taxpl)'Cr in die City. SIie said * .. hen: ID address a lihllllion which oa:uned ._ week f1UISidc m her home . Ms. Ollllllcd staled that she tried for two weeks to Fl a pol1a patty picbd up dial was left bdliDd by tbc ClOlllbUCtion compuy pcdoraing Ille Ill lille aqiairs. SIie said die wodt was done and the c:miws were gone . The pol1a patty -11111 picbd up ud on WcdDelday. April 16• it was tipped cwa in the niglll causing all mthe bwau waste IO spill OUI iato Ille IIRld and guller. Tllis ...... waste lllD down the guncr and puddled up a1 the corner m Elali and Union which. • noted. is the~ 1cng111 m her property and. to make IIIIIICrS-. ii -direcdy -from Clayton elemcalary Ill tbc childrai bad to walk past. around or through this mess do go to ICbool and Ibey bad to smell it while OUI at recess . Ms . Ollllllcd advised that she pboned Ww Ma....,...... al 7:30 a.m. Thunday, April I,. to lqlOlt die problem. They thanked her for c:alling and said they would Fl the patty picbd up and the wasae would be clancd up. She said she also k.-s mdne other neighbors 1h11 c:alled lhnlupaul the clay regarding this problem and lbal nothing -done Thunday and -ees lc:ft OIi dlcir aMMring ICIVice -- rdWIICld . On Friday morning she said she again coatac:lcd WIIIIC Ma....,_. • well a Leigh A1111 aa the City Manager's olficc. to lqlOlt this problem and she lllllificd Deputy City Maaqer Chris OIIOn who contaclCd wasac Management . Ms . Olmllcd llatod tbll both m them guuaateCd her 111a1 tbc problem would be takca care m inuncdiatcly Friday . Sbc natec1 t11at • mthe 1111C111 llour. nca her R1011111111C Eartync Winters came home for lunch. the mess was Slill there. She aid lhc again aJlllactal Leigh Ami. -----------------,. • ~Cityc-dl April 21, "" P•J • • .... who oomactcd Oris. who guannlml her that it would be gone before the wcclcnd. When Eulync arrived home al , :00 ti--llill no cleanup and she oommented thlll they aJUld inutgiac the smell with such Wlll1II ..adlcr. She DOied die left a~ for Leigh Ann at ,:30 , bul she had alrady gone home. Sue rdUmed her call. but she IUld left lier offia: IO get home and wort on this. Also. she advilled. during the clay she made phoae calls to Walle Manqcment who gave her the run around on the finl call and they promised 10 ~ it deucd up by the end of the day on the ICCIOlld call. She said during the third, and last call, she asked to spcak lo the manager who. she was told, was Oris and she was put through lo his voice mail . She c:alled back to customer assistance and they had to act as a messenger between her and Chris as he would ROI oome to the phoae. but aJUld be heard in the background laughing as he promised clean up . Leigh Ann, she said. had gi\'m her an after hours number to call if she needed lo get hold of c.odc Enforoemcnl. She noled Eulync called this number at 5 :30 and got hold o( a very rude operator nwnbcr 512 who informed her this -the police depanmenl and she did ROI know if she aJUld get hold o( anyone . Ms . Olmslcd advised thal she promplly drove down to the police Slation and demanded to speak with 10111e011C and they IICIII OUI Serpnl Silby to spcak with her, that he took down some information and said he would look into ii. Shortly after she arri\lCCI home. she said, Scott Thompson showed up and reviewed the situalion agreeing that ii was health huant and a mess . He called the fire department. who agreed to CIOIIIC flush the gutter . They then called him back and infonncd them it was health haunt and aiuldn't be flushed down the storm drains. He also indicated that Waste Management had spoken with Banalion ChiefKnig SIO\lall and said the mess would be cleaned up, guaranteed. by 10 :00 p .m. Friday night, but the porta potty a>uld IIOI be picked up until Monday . He said if it was IIOI clone by 10 :00 10 call Knig and he would have Hazmal do the clean-up and back bill Waste Management At about 9 :30 a truc:k backed up to the porta potty with it's tailgate down, hit the por1a potty. knocking it into the tnd, pushed ii in and sped olf leaving all the mess behind, cleaning nothing up . Satunlay morning. day three, she said she called the fire department. that SIO\lall was off but they said they had dri-by and noticed the clean up had ROI taken place and were trying to contact WIISIC Management but tlley n:ally didn't think anything would happen <Mr the wcclcnd. When ukcd if they were going to send Hazmal to perform the clean up, she was told that. -though it was aJIISiclcrcd a haunt that they aJUldn 't flush down the storm drain, they didn't consider human wute in her gutter a health ha7.ard, lhcrdore they wcren 't going to call Hazmat . Ms. OIIIIIIOd llalCd she again phoned the after hours number and askcd to have Scolt Thompson paFd and was informed dial he was IIOI on duly and they would ROI P1F him without permission from the scrgant on duly . At this point. she advilled. she became rally aagry about what she had to put up with . She said she told them that Scott was 10 call her and if 1101 she was going IO lake action into her own hands including calling and filing a formal complaint with the Slate Health officials against Waste Manqemeat. as well as the City ol Eagkwood for DOI laking cue ol this. She said they called George Johnson with W•e Mrnag n enc Md llM*c with his wife . Ms . Olllllled advised that George is DOI -responsible lor dial deplnaeat. but had beea drappcd on it oa Friday night . His wife told them that he would talk lo the proper people. In lhc -•i-slle said. lhc police dispatcbed a scrgant 10 spcak with her. He made some phone calls after rmewiag her infOfflllllioll and also a made a pcnonal visit to the Waste Management offia: to etm11e 111111 lhc clean up would take place. Finally, al about NlOII on Saturday. three days later, one guy, this~ lhcy bad to build together. shoMd up IO clean up lhe mess . Ms. Olmsted said her qucllion IO the City Couacil o( Ellglewood is, why this - allowed to drag on for three days. She asked if they would like human Walle running through their guttcn only 15 feel fr.1 their front door and have 10 smell it. She askcd if tlley would like their kids or grand kids IO ~ to walk through this type oC mess and put up with the odor while al ra:ess . She questioned why Code Enfon::ement. who wu originally luppOIC to be oa her side, docln 't know now if there are any cilalions IO be islued or if they will CYCII file a cilalioa apinll Walle M~. Ms. OIIIIIIOd pointed out thal tlley are sure jollnny on lhc spot if a weed grows <Mr six inches tall or if you don ·1 ~ a trash can that is just pcrfectJy right with a lid on it. bul andbing like human wute in the gutter goes unnotiQcd. Ms. OIIIIIICd llalCd that she bcl~ this to be I lerious sihlltioa and 111111 slle 11111 beliaa the chances of this happening again would be pal. She said 1111c is hclc tonight purming this issue and that she will continue to punuc ii with lhc City o(Ellglewood, Wasle Management. the Tri· ' ' • . I· , ------~--·:------~· • • • Ell&lewood City CCNaacil April 21, 1997 .... County Health Department, and the Slale Health Department. She advised she is preparing flyers to noufy the citizens of Englewood that this type of a problem can happen and go unnoliccd. She asked what the City will do. Ms. Olllllled advilcd that she would lea\'e a a,py of her letter with the City Clerk so that it can be reviewed and answers giwn to her. Mayor Burns thanked Ms. Olllllled for a,ming tonight and said be felt that they. as a Council, will insist this be looked into and they will pt a rq,ort on ii. (a) COUNCR. MEMBER VORMITl'AG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET LINDA ftJDGE'S LETTER or RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMDSION. Motion carried. Ayes : Council Members Vorminag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays: None Mayor Buns COIIUIICllled that Ms. Fudge was reprcscotiag Swedish Holpital and it appears she is looking far a replacement . He DOiied that the she was wry complimentary to the Clean. GRCII and Proud OnmiPioa ia her iaipalion leaer. Mayor Bums staled they appreciated her lelVicc. 9. l'IIMlc Bearill1 (a) COUNCR. MEMaER VORMITTAG MOVED, AND IT WAS SECONDED, TO OPEN THE PUauc IRAIUNG TO GATHER CITIDN INPUT ON PAVING DISTRICT NO. JI. Ayes: Couacil Members Vonaiaag. Wiggias. Hlllalichl. Waggoner, Clapp, Bums Nays : None Motion carried and the public ...... opeaod. All~ was giwn IIDdcrOllh . Director Ellel'ly plaealed Pnlol of Nllicalion of Nolicc of Nllic HClrillg wllicll was...,.._. on Man:11 27, 1997, April J, 1997 and April 10. 1997 in the Eagleliood Herald. He said dlcy c:aa look al the IClledule to~ Imm an idea of wbere we ue -and wlltn we -lllmdl,d. Mr. Ellaty adviscd dill on March 1-,. Council Cllllllidclal the raolUlion of the illlelll to bm Pavilll DisUict No. JI and pmlicllion of tonipl'I public lleuin& • led • up to tonight, April 21•. TIie aext aclion Ga tllil aMler, if we llict to the IClledlllc. would be May s•. with the inlnlduclion of a biU for an onliaaace Claliag die dilbic:t . If -,dliJtl ps on IClledule it wouldn't be lllllil April 20. 199111111 we will be -.iag die CDBllnK:tion on this projoct . Construclioa will be campkted lllclUl the .,.... Iller wl the nr. ..,._ ilr dais -91 will be due J-,y I. 2000 . Diiector Ellcrly llllcd dllll liacc IIINllll 1956 die Cily 1111._. UllpnMIII die llnldlto meet miainim City.......,. tluougll PIVilll ia,po.c 111 dillricls. We IIIYCain,hud appn,xiallely 99 miles ol llnm during thal time period . He rcfemid ~ to the -, dill ii a,lcia1ud to the anachmcn1 thal ps with this evcai•'• ..... Mr . Ellel'ly said there is • .., dial cleacribel die -of this dillric:t and. laqiely, die -dial -.. ..tied ilr this dil1licl ~ ~illled in previous clillricu. He adviled thal the Cllll1 of dlcle i .. ,IO. C C II ale bulllc by bCJdl the ~ property owncn tluougll special I 1..:nts aad die Cily tluuup IIICillCyl thal ale buqCleCI in the PIF (Pllblic l~cmcnl Fuad). The stnlell dial a,e ....... for iaclaion ia Pavi11s Di11ric1 No . JI ue .... dial IIIYC DOI been prcvioully COlilllUCIUd to .. ._ Ci1y ......... and fiua 1e11iac 1eaa11s dlcy Nqllile total leClllllllnlt1i. Apin. be IICl1ed. Pavills Dil1ric1 No. JI ii ll:lleduled for C01111Nctio11 .. • • Iii lllli~;:ii ll!f!;i i''lj~,l~!f '1'!i 'l'(!fi Ill l!f I ~ -a 9 ' I! J f • 1 a. . , JI ff t I~ . 11, r 111' ~ f i 1 .• B !r-f l ! f :: _11_,t'f ··--· _11 .,·!I! I 1 •• f :t !!'.1._.!fft !II !9 i ffl J,iJ"lli1il .t1;1 ~i1iiiil li 1fl1?1.tl!ii 1 1111 iii 1 illl ill I ("a. • I'·· • 1· 1111 1 · 1•111 ra·t a8f Ira. ;rl · 111 i!ii!li(i'1~ 11t11·1.1t :i1ilt~l~1i ~1;1 1 1i! Jl 1 1;fli Ill ~1~ ~!'(tl[1J r f,,•1 i Jft!J1I ~Jf il,lflr ~w~ :11r1 111!1 1~1;11111 !1 1t11flta11 1111 i'l1f1II !II w. w JI Ii r hi J 11, f J J I H ~11 r Ii'~ i,· 1 f g Br I 1. '! i ! Q, !.I~fff'i 1llr(1 '1,! rlif ~,u 11:a~i~ ~~ "ii li1 1l'·~Ji !l~~Ji lrJJ'!·!r !111 . 11lc 11 ~: l!i Ji!tlf1!11 Jl!ftl !ll1!?i',~1· 1·1~1 111111 11 ~·i ~J J .• 11 I 1J.r. ,.f, 1 •~~ r [ ri , I is ' ~ ~ r ~~ • , r I .. ' -' 7 .I ------------------ie • Ea&kwood City Council April 21, 1997 Pace6 •, • • creating a bond agency to carry that bond forward. a special district. Those eligible to vote in the election would only be property owners who are registered voters in the City of Englewood. Mr. Waggoner questioned what we will do if those happen to fail. Mr. Esterly advised that if those happen to fail the district can a>ntinue to go ahead. The City can then either talk about whether or not they want to provide the ten year financing with City funds, which we have done on some small projects in the past, or the money would be due and payable when the assessments came out in the year 2000 and it would be up to the individuals to arrange their own financing if they wanted to finance it over a longer period. Council Member Waggoner pointed out that the real point here is that the project is going ahead rcganlless, that it depends on whether the property owner wants to spread it out over a ten year period as to whether the bonds pass. Mr. Esterly said that is correct, that it provides a convenient funding mechanism . Mayor Bums asked if those voters are the ones immediately affected by the project or all property owners . Director Esterly advised it is only those property owners who are affected by the project and rcgisteRd to vote in the City, so there could be property owners out there that don't have a right to vote on this. Hopefially, there is at least one person to vote on it. Council Member Habenicht commented that she was just looking at the proposed schedule and she just saw the date of January I, 2000 when the lien payment is due, glaring at her. She asked if they could change when the lien payment is due to January 2nd . She said she would hate to think to start a whole thousand years with a payment due, ifwe could just change that to the 2nd it might be nicer. Director Esterly said that doing this through the County he wasn't sure if there is a requirement that those dates be in there, actually. Sometime before that we would be requesting that the County government do the actual assessments. Mayor Bums asked why the Housing Authority is on the front of the O)'CI'. Dim:tor ESlel'ly stated that quite rmi.-t1y we will have folks who will claim that they are not financially capable of making their paymenlS and particular folks who would like to defer their payments until such time as the property transfemd and we have allowed that. He explained that the folks over in Housing are familiar with operating and managing programs like that and they manage that program for us and they make the deCermination that, in fact. an individual requesting thal enlitlemalt is digible for that entitlemenl. It bas ancthing to do with a lot of otla ciraunstanccs also. so they are equipped to deal with that rather than the engineers learning to do that too. Council Member Habenicht asked bow many more paving districts he thought we would have based on existing pavement. Dinx:tor Esterly advised that they have identified a paving district program for year eight, nine, ten and eleven. going beyond this one. So, he said, it looks like we have al leasl four more years and those are IUbjcct to RalGRilUlion. We might 1af1a118C those bccallle of cash flow, we might spread those out diff'erently, but our tentative plan is that there would be four more diSlricts following this district and then we would have covered the entire City. Council Member Habenicht DOCed that these have DOC been consecutive years, that these just happen to be a paving district year, like some years we haven't had a paving district . Director ESlel'ly said that is correct. that we haven't had one this year, this paving district we are preparing is for next year. He commentClll that he has a memo that Manager Kahm prqian,d April 2 ... of last year, that talks about how we have reconstituted what we have always called the ten year plan. However. we have incorporaled into a plan that is some period longer. He explained that as we get into the later stages of the plan, we frequently get into projects thal requi~ a significant amount of right of way acquisition and so the dollar values are starting 10 get to be signiflCalll in size. He said Council will be weighing whether or DOC that is a reasonable investment of our money to be putting those streets in. We may decide thal particular localions might want to be put off for some period of time and maybe residents or property owners may come forward to Council and discuss the fact that maybe we oould do this at a later date. We may find ' ..... .... • . .. I· --------------------, . • Englewood City CCN1nc:il April 21, 1997 Page7 • I• • that some of these are just unnecessary to do. but we will be looking at those in the future. Director Esterly reiterated that we have done the easy ones up to now and the more diffiaalt and controversial ones are going to be coming in the future . Mayor Bums asked if there were any other questions or comments from Council for Director Esterly. There were none . Barry Shields, 4916 South Fox Street. advised that he part owner of Angle Tree Company and they have some property at 4450 South Windermere. He Slated that the north borderline there is the stJeet of Radcliffbelwccn Windermere and Navajo . Pan of their property on the west side is Windermere Street so, he said, the frontage they are concerned about is approximately 855 feet . Mr. Shields Slated that he read the literature that was put CN1t and he wasn't too sure about one thing. It said it may be advantageous to get your own oontrllctor, that it would be cheaper than having the City do it . He noted he would kind of like to koow about thal. as he thought that usually the cities lfY to get the cheapell price possible. So. he said, he would like a little explanation on that pan of it. Manager Kahln answered that in this particular instance, often times a private property owner can hire a private contractor and can save over the district prices. In the paving district, he explained. we are putting out a competitive bid for a large project. large aJDtnCIOrS are necessary because it is necessa,y that they bond the project and a lol of times the aJDtnC:IOl'S have to pay union scale. Frequently. he advised, if an owner has cash to work with they can save PJbaantially. maybe 20% on concrete iDSlallation. He pointed out that the downside is you have to pay cash when they are done with the project. Mr. Shields noted there was DO benefit about moving it OUI over a time frame. He said the reason that bothers them is because their assessment is about S75,000. He commented that he is sure Council has to budget just like they budget. This year, he noted, has already been budgeted for, that he has no control over that . So that basically gives him two years, all of 98 and 99 to really prepare for $75,000. He noted he happens to be in the tree business, not the computer business and they don't have a profit margin like that. He said he docs not know bow many people can budget for S75,000 in a two year thing. He opined ii is really putting a hardship on some of the people. Mr. Shields Slated that they have owned that property since 1986, that they bad to give up property when they put Navajo duough and they bad to dedicalc lhal land i.:t to the City for their improYcmcnls. So, he said, they have already given up half an acn: ofdicir land to lhc City, that tllcy have paid taxes lincc 1986 and they have ncver received anything per se from the City Cxa:p( they pay the bills. They have DCYCI' had any assistaDCC, odlcr than they have paid taxes all these years and this is hilting them prdty bard. He commented that he can appra:iate what Rick Kahm said about SIVing 20%. but he can·, buqet in a two year period 10 do that. Hopefully, he noted. the bonds will pass . The other thing, he said, that be is SUR the City is hit with. just like they are hit with at times. is that the City made them put in ps tanks in 1986. They had gas tanks there and they had to put more ps tanks in for their service uucb. They requested that the tanks be put in above ground and. be noted. the City would not let them do that. they had to put them in below ground . Now, he said, they have to update those tanks . Those tanks have to be updated next year, so the State of Colorado "-that it is going to be around S 15.000 to upgrade tanks . He advised that the State of Colorado has given them four years to budFl in this S 15,000, which they have lo pay for and they have to think that is fairly reasonable . Mr. Shields llated the City is requesting that they budget S75,000 in two years. Mayor Bums OOIIIIIICllled that it is bis undenlanding that if the bond passes ii is a ten year pay off for him. Manager Kahln said that is OOITCICI . Mayor Bums said he thought the underground storage tank program is Slate. that we don't have anything 10 do with that . Manager Kahm concurred that ii is DOI in our jurisdiction. Mayor Bums asked if there is any relief other than the bond, that someone who has a IOI of frontage like this can use, like the deferrals or the Olhcr things we talked aboul or do they have to be in an individual hardship situation. Manager Kahm advised that it would have lo be an individual hardship case. Council Member Vormittag asked when is the latest he can do this concrete work, if ii has to be done by the January I, 2000 date. Manager Kalua llated that if the coocrete is done privately, ii will have to be c:oll5IJUcled in the spring of 1998. Mr. Vormittag commented that he cannot even stretch that out to 1999. Manager Kahln noted 1hat aaually it should be ' ..... .... ... I· ' • 11:1 !fi~1'l~i'fiJl~l'i'11''i'tii!}fflJill''·1!(flf!ffl iii • ! I! i r l • J g. I • ~ f a. r I I ;; .f . I' ' f . i . ' ' . I 1111 i · • ~' fJt11 l(fL1i 1 1!fifl! Ji1J 1;i~Jl1iJ:;f;J~t(i![l~rl lliJi ~t i . lif la. J f I t ~ f: i l t' I· ( i " l ill_ a : i [ i I ( a J 1. I-t. · r ~j •. ,,, .. 1 1 ii:: i ;;· t""l s 1 ]·1· if r a.'; If 1· 1 • '! f Ii t I ls I i ! t II r; . r ~ I ff l r l I I ti r. i l · 1 f s J I i r -J.,. 1: . ts If J. !J ff f B· . Ii i 11· f ·.1 j l •· 1 ·r J i I 1 a. &· 1 1: I .t l r 1 • 1 J f • • i i t • I ( · f I l Ii ~ f J f i: I Un IJH!a Hif~tUl iHr ! tU11JrrUif11"~ ,,,ii.: 11li fffi i!1,•11!91 1 ~1S•' j 1 sifJ!.1111,~,, .. ·ltiie t11ti~J ( · (_, .I f 8 _, .. ( · · .Jlri ( I sl•f ( .Ir si'irJa: !l,l J!1!!r11f11t1 1,r1l1!11;1f!11 1 1 ![1r11 1~1i1~11~!1fl ,,~, ~~ ; i .. ·'ii· . ; ';i lrf11r1:: ·, 19 , .. ,1 -rlri=·~ .l~i·f Uf .. , I I • 1·1 · ·1 ilrs I I} ·;· 'jl 'f if,;ifg: f ·1 l!1i fii~lll1ftf,1111!•il~fi 1 1· ft~1fi1iJl 1lrl!i.!fl11li: g,rl'. tf( IS f~~(f( =·i.S~Jl!i f 11 . sto:Eif W ~ , . \ ,, I . 7 '~ ... , . . . • i:a&lewON City Collacll April 21. I '97 ... , '· • • ¥ate in c.olondo they ClOUld vote. Mayor Bums llaled be jull med Cily Allllnley BnllZlmn 111d be said dull ii tbc way we did the la& one . If they MR property owaen llld ~ in the Stac of Colorado. So, lie aid, under tbal criteria Mr. Cox -.id be able IO wee . Mr. Cox med ifbe-.id be DOlified of wllee dlil ii. Mr. Cox ---by Mayor Bums 111d Cily Aaonley ~ tbal be -ad be. CCIUCiJ Memllel' V--IIIUd if'tbc Cllleadlu' ...._._ii w.ld ID IO tbc \'Ole. Maapr Kabm advilell die eleclioa will be ill NIMllllla' 111d they will be briagilla dais i.:k IO Cauncil in July on the NCMlllbs blllot. Council Memllel' lllbcllidll CXIIDfDCllfCld tbal if tbcle is a wee on a bond iwc 111d it pea OD tbc blllol. dill the Cily eo.:il, 8llCDl'CliDg to eleaioa laws and all aflllal, can't do anydiiag to llelp sway dill wtc one way or die atbcr. But. Ille med. if Ille uadenlood it righl. tblt poaibly tbele iDdividlllls if they wuted to coald do a campaip willlin tllcir dillric:t. Cily Attorney Bnllzaaa said 11a11u1e1y, a the 111c a1boadl. c:-il ...._ Haaidll llid ...._... the c.ouacil coulda'L City Attorney BIOIZlllall llaled dill c.o.ncil ii aauaUy liailed by die Fair Campaign Praclicel Act II to bow much they can do 111d bow mudt they CIII ...... e.t, lie .... die filllla bcal6II all af die pn,pel1y OMICl'I, ID they lhould be ...... fDlwanl ..S ac:lllllly be -CDa¥iacillg dllir lleipllon to talre dais isalc up 111d Fl the boad ilalc ....,.a. Tbea. Coia:il Member Hallellic:bl aid. tbcy ClOUld IClullly Fl a lilt af all of the property -tblt -ad be Wlillg. tbcy Cllllld do 11P tbcir -fl)'el' 111d pay for it ud cliltribule it 111d they wouldn't be doing...,.... ..... City Aaonley a.-...... dill they wouldn't be doing anything wroog. Ms. Habcnidlt aid tbcy MUI aw to 1ep1er II a po1i1x:a1 tbing. Mr. Braman llated tblt is conect. 'J'bere being DO fiatbcr qualioal and, II tbcle--, c,ae elle .... to apea ID die~...,... 8mlll alUd a a aalion IO c:loe the public i.rillg. COUNCIL MDRER VORMnTAG MOVED. AND rr WAS SECONDO. TO CLOSE nm PUaUC IRAIUNG TO GAnmR CITIDN INPIJT ON PAVING DIS'nlCT NO. JI. Ayes: Council Mcmbcn Voraitta&. Wiggins, Habcnicbt. w....,, Clapp, Bums Nays: Noae MolioD Cllriod ud the public bearing cloml. 10. C....A..- COUNCIL MEMSER CLAPP REMOVED AGENDA ITDI II (a) (w) noM nm CONSENT AGENDA. COIJNCIL MDmU WAGGOND IIDIOVD MaN9A ITDI 11 (a) (w) 1P11011 DE CONSENT AGENDA. C01JNC1L IIDINR VORI01TAG IIOVU. AO ITWAS acoNND. TO A1990YE CONIDT AGENDA ITDIS 11 (a) (I). (II), (II)-, (Y) ON nlllT BAMNG. (a) ••F'•Readias (i) COUNCIL BllJ.. NO. lO • INTIIODUCl!D BY COUNCIL Ml!MIEll VORMITTAG A BllJ. POil AN ORDINANCE ENAC'l1NG A NEW 1'111.E 5, CJIAP'l1!R 21, OF 111E ENGLl!WOOD MUNICIPAL CODE 1915, Etffl11.ED BODY PIERCING ESTABLISHMENTS AND AMENDING TllLE 7, OIAPTER 6E, WITH 11IE ADDITION OF A NEW SECTION 6, EN1111.ED BODY PIERCING . • • ~-r-__________ ..------~-~-~ • • • • ... · l!:a&kweo' City C..lldl April 21. 1997 Paaelt (ii) COUNCIL BILL NO. 31. INTRODUCED BY COUNCIL MEMBER WIGGINS A BIU. FOR AN ORDINANCE AMENDING Tl11.E 5. OIAP1ER 12. SEC110N 6. ENGLEWOOD MUNICIPAL CODE 1915, BY REPEALING SECl10N 6 AND REENACTING A NEW OIAP1ER 25, OF 1'111.E 5, nm ENGLEWOOD MUNICIPAL CX>DE 1915 EKITl1.ED SECONDHAND DEALERS . (iii) OOUNCIL BILL NO. 32. IN'J1lODUCED BY COUNCIL MEMBER VORMITTAG A BIU. FOR AN ORDINANCE AU11IORIZING AN IN11!RGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF 11IORNTON. COLORADO. AND nm CITY OF ENGLEWOOD, COLORADO FOR AN EXOIANGE OF nm CrlY OF ENGLEWOOD'S ROTOMILLING SERVICES ro nm CITY OF 11tORNTON IN RE11JRN FOR SANDfSALT, HOT MIXED ASPHALT. OR CRUSHED AGGREGATE MATERIALS . (v) COUNCIL BILL NO. 26. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BIU. FOR AN ORDINANCE APPROVING AN IN11!RGOVERNMENT AL CONTRACT BETWEEN nm STATE OF COLORADO FOR nm USE AND BENEFIT OF nm COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY (CDOT Ol'S) 10 RECEIVE OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL HIGHWAY SAFETY GRANT FUNDING FROM APRD.... 1997111ROUGH JUNE. 1991, FOR nm PROMOTION OF SEATBELT AND CHllD SAFETY SEAT USE IN COLORAOO AND nm ENFORCEMENT OF LA w IN nm CITY OF ENGLEWOOD, COLORADO. A)'a: Council Members V«miuag. Wigial. Halleaidlt, Wagooer, Clapp, Burns Nays: None ••••• (iv) Mayor Buns IIClled that Ibis ,\,-la ilaa ii a leC I 1 Ci!NI fna die Depal1W fllNllic Worb to adapt I bill a ID onlilllace M ............. C4*mC Utilily. c:-il Meallel' Clapp .......... lier caacerJI with Ibis puticular .. is .. * ICill ... - ·-·--iii die bacl fllller ..... altlloup. "--... ,..,. ... ,,, ... • --Cily. SIie aid Ille IIOlild lillc IO ...... dllC pcn1p1 dlcy put I c:llla widiia die.._ ........... allow• to_._ it_.. ay -.cllcr 24 ...:hs. To look at Ille 8--...._ flldle Cily 111d ....... ClllMider llkilll Oil lddiCiailll filllllCill bwdcn. Mayor 8unl llid lie dloupt IIIIIC could be doile uyny, IIIIIC you ....... , U\'C to lllwe I ca... City Aaomey BnllZnwl cxplailied 1h11 if you uw I c:llla it will coa bacl to,-......, or we cu simply .., ..... will bring it bacl to you at that lime. He llid he -ad be yalii' c:mdiln lewd Oil that. Council Member Clapp llated she -ad like it wrincn in Ille oniiaaz. 1or .mew. • ------------'• • • • Ea&lewood City Couacil April 21. 1997 Pqell Council Member Vormittag said then that would be if it dido 't pus with the bonds, because if the bonds pus we wouldn't need to worry about ii City Attorney Brotzman DOCcd this is Concrele Utility . Mayor Bums lllaled this is the Concmc Utility and it is a different subject. Council Member Wiggins said he remembcn,d at the hearing that both Director Eslerly and Manager Kabm lllaled that if they felt they did not have enough funds in the pol to IIIC the utility tbal they would CX1111C bac:k IO Council RqllClting ID incn:as. Mayor Burns ack-iedged that was true. but that they CXJUld have a clause that mandalcd it anyway . Council Member Clapp pointed out dull this would DIil be for ID iDaalc, this -.Id be to take a look in 24 months to sec ifwe could.• a City, take OD more of the financial bunlcll. Not to incrcas it, but to ti)' to dccreuc it. Council Member Habcnichl ltated she would support that, • sbc ._.., tbillk it docs anydling CXCCfll help llllke lllle they -IICCOllnllbk: to it. Also, she DIiled, ii recopms the fact ..... tbc people in the public bearing wcrm't unani-OD this iauc and leftect-oftbc CiODCICl1I and to look al ii again and 10111C oftbc things 1h11 pcoplc wcse talking about . She llid they-thinking tblll perhaps when tbc City is in a bdtcr finaacial polition that maybe ii wooldn't be nec:eaary for them 10 alDlribulc III much. So. she lllllCd, she would support that. Mayor Bums opined it is a pod thing to IUppOrt, • dull -• conccm cxpa.l by ICWlal of the people about dull al the time . Some thought the City-'t requiring enough and -tbougbl it -too much . He said he bad no objection. He qiiesaiolled wbetbcr they can jull incorporalC IO!l!eCbing like tblll. City Attorney Broczman lllled that they do it by lllOlion and be will write tbc langua,e. Tbc City Clcrlt rad the council bill by tide: COUNCll. BllJ. NO. 14, INTRODUCED BY COUNCIL MEMBER VORMl1TAG A BllJ. FOR AN ORDINANCE CREATINO A CONCREm l1l1LITY AND CONCRETE UT1UTY ENTERPRISE FUND FOR 11IE CITY OF ENGLEWOOD, COLORADO. 11IE PURPOSE OF nus ORDINANCE IS TO PRO'IECT 11IE PUBUC HEALTH, SAFETY AND WELFARE AND TO COMPLY Wffll AU. APPLICABLE FEDERAL AND STATE LAWS WIDOt REGULATE 11IE CONCRETE l1l1Ll1Y BY CREA TING IN 1'111.E 12, A NEW OIAPTER I • CONCRETE UT1UTY AND CONCRETE UT1UTY ENl'ERPRISE FUND . COUNCIL IIIDlm IIAKNICIIT MOYD. AND IT WAS UCONDD. TO AffROW CONUNT AGENDA ITDI II (a) Ch')· COUNCIL an.a. NO. 14 ON ffllST llEADING. COUNCIL IIIEIIKll CIAl'I' IIO\'U, AND IT WAS SIECONHD. TO AMEND COUNCIL an.a. NO. 14 TO Ill.AD DAT WITHIN A 24 MONTH PIEalOD WIE WR.I. lllt-lEVALIJATIE TO SIEIE IP TIO CITY CAN TAD ON ADDITIONAL u.un.nus. Couacil Member W...-, .... ioned wbdbcr 24 _.. would pc Public Worb-.1! time to really revicw it. ,c1 it ...s. ace enough -,., llld caer mo prajDm in order to aec w11a1 tbc all'ec:ls will be . He said be _.. like it lhould be a litdc lonpr .._ lllll. Mayor Bw1IS 8*ed if llaft' bad any a,mmcnts OD wbdbcr tblll is a 1-.bic time or DOI. Director Ellerly llOled lllll tbc lonpr tblll period of time is the more opportunity they have to do it. He said tbcy would ba\'C CXlllllnlcled oac project, under tbc pn,pam, ewer the next two ycan and they would ba\'C Ille illflllaalioll 6-dlal IMilllllc. Mr . Ellcrly lllled tbal their comron lcYcl pea up 1DOR 111d ..e • llley --ac a pa1er wtumc al statistics. but we can citbcr do it in 24 IIIOlllbs or 36 monlbs . c..:il Member Clapp lllled that she is .. • !t(l!!li !fili!J!!lfillf!f1 11!1!1[Irttr f f f!111]J !!f 'i it 1 11 h• ,·or-~Si •aJ I rmih 1,1 J t I H~,u !~ l1t~1l111111t1 11~111:111i:l111~1~111 1~11 , 1t' 1lli,li I I ;lr1-111 !l• 111-I ·Ii•: ira:a·,1r11 i1111(r1 . i n?.f)ilJ f I:· li i l 111 ,1 ir • . f s f !. s R !. !l!!J 1 1~,1 1i 11ii!1li1 1 1l~l!!1i1lllilllrll!i! ''i. ill!fll 1 1·rJ-llili 19.s=l I .. J'lr .i1 11:1IJ'IIIII' I til1 · i& ~i 1 1111rtl itl1 1!1il!'1i!li1ri1 1iiI:ll!iJf 1 111!!~ I r 11 • ir if Is Ir ir :: 1r s .. ! 1 i · 1 f >J 1:! r; 1 I I g-a !f J f r) I s_ ! i I . f t f I I l • 1.! ]· I l 12 I J f ~ I t f . . i t' 5 , .•. -J:1 1,·1 1'1~l~1IJ!J'll1;~!l .. i;l·lil!~1 • 1il1~•1 I f If i l r a · I I I i". I . i I g •. I~ 111 I,:· f I I i -f ~ · 1 ! I I l11i ::ti.iffrJ ::5,-il_fl;~ ·1:f1;j!B-l! ,: l·i:fa:f I a· . J. . I i · 1 R 1 · f I J I' :J !: ;· l"' l '!. • Ii f i f ~ f !P ~ ~ f" l &1 : •1la.[rif ·1~•·B·sf11·Jl .• illl I lli}" ,f 1 !1}!1 1J'l1rlJrfliJfl'l11f~t,1·~t! I r:111: if ( ! f I f :-f f 1 t I s s 1· f I fl I ·. f I f (! ;1 ( , • r I . '. .. ' ~. ' 7 • • J~!l(( f'liJ!JJ!l(J il}Jit'i II I' I if 11111 frflsi ,ltr!llillf[ }f'1t!,! !_ fl l >JI ![Jli !!, .. (( f[(l!lit}fif t$ftJ1 :• tr I l! • ;JIii jttlJr l1i 1JH}n•' Jr,(.• 'f r Ii rlih 1J;if! lfil,litffll 1!JJlf 1tr f rril I !ttfl 1-1~,1 1·1t11!lt1r 11 1,!1 .1 • 1• I ,r!,1 1liJr,1 ,fr1~~1'fli1~ ,1~111 1·1 ~ ! <~ ~ l!;l1·t ••=-I 1111a. I ,. 111tl f . .. j• 1 a.:tl. i. !. •· I a..f t ir I f J i I · · j: · . I f· :· !1J 111 f',1 .,,11~,1 i! fl [1 ( ii . ha.d Ii•• s l If '"i . •' i · (;;-i' I·· g-a.fl . " • J rt I~ ii r •.;.. Ii 11 f ,1' i • i ,· i 11· r !J ·!! ,·If f !•j ~ ·11 '1=-1·i-1·i fl ~ I i•&·~l. f !-i f f I j l I J. f ·1 I t =, ~ f I· i I . 5 i l" lf"J,1 !it11 iJf(~'JJ 11 t'111i 11 I i ltl~; 1 · •·'' 1 J r • · 1 1 r. i 8: 1 • · 1 ° --11, 1,;1·r i . 1;J!i1'ar 1~11!1i :' t ~ !1 l 8.s !: ll IS f · t • !U io .... ~ l , I . . ~ ' '1 • • • • - .. . ... En&lewood City Council April 21, 1997 ··~13 Council Member Habenicht Slated that she voted against this the first first reading, and this is the second first reading and she fdt they had taken a lot of public c:omment and most of it seemed to be more favoniblc than not fawrablc. She opined that with the addition of the review in two years she thought she oould \'Ole for it. Ms. Habenicht said she knows that there are a lot of people who are still feeling uncomfoltable with it, but that she felt that the majority of people who came forward wanted to have it. Mayor Bums asked if there were any other c:omments or questions. Vote raalu oa aclliN to approve Coaacll Bill No. 14 • --*d: Motion canicd. Ayes : Council Members Vormillag, Wiggins, Habenicht, Waggoner, Clapp, Burns Nays : None Mayor Bums noted that the ordinance passes on first reading, that there will be a second reading after the amendment change also. . .... (vi) Mayor Bums noted that this Agenda item is a recommendation from the Library to adopt a bill for an ordinance approving a contract for a food and beverage service cart for the Library. Council Member Waggoner advised that he just needed some additional clarification as to who is going to be responsible for clmmF to property or boob if coffee or drinks are spilled in the Library. Dira:tor Long advised that the contract specifies that the vendor concessionaire has a sil'.able insurance policy to OOYCr any major damage. He noted that any clmmF to individual boob or items. if they occur. would probably be absoit,cd by the Library. The same way they absolb them now if someone takes them home and reads them in the bathtub or their dog chews them up . Mr. Long Slated they do not foresee that being a major problem. As the Council liaison to the Library Board. Council Member Habenicht commented that the Board has discuslcd this quite a bit. She said she can assure Council that the Library Board members probably care more about what happens to the boob than allllOII 8ll)i,ody dlC. Ms. Habenicht noted that she has never seen a group that gets into their thing as much as Library Board people. A lot of it was discussed and a swvey -done of the public and they also did a five year plan of how to improve the Library, how to bring mon: people in and how to do better service. One of the things that kept coming up was that this -a new and emerging kind of scrvia: to provide. Ms. Habenicht Slated that it son of puts us on the cutting edge, but also in competition with other groups that are doing this. She said she cannot begin to tdl Council how sincere and concerned Library Board members are. 11ley have really asked these questions and put Director Long to the test on this one and he has really come forward with addressing all those concerns. Council Member Habenicht advised that she believes. having set through a lot of those discussions. that those concerns are met . Director Long commented that one of the hardest sell jobs they had to do was to the Library staff. because librarians are trained to keep the boob away from that type of thing. So now. he noted, they are having to do a diff'erent kind of mind set. He said this is something that you sec popping up in Olher libraries, you see it popping up in book lilore5 like the Tattered Cover. It is basically an ambiance. a friendliness type of issue. So, he advised. that is the rasoa they are going to try it ud they talked IO the YCDdor ud said we will try this ud hope ii will wort, it may not wort. bul we hope it will . ' ...... . , -. t,, • u l • -----------------------------,.,-------------------------~------,,,--- • • • l:a&leweod City Couacil April 21, 19'7 .... '· • • Council Member Vonninag asked where it will go. Director Lang advised that as you walk in thc front door it will be alljacent to thc left. Mr. Vonnittag asked if that is where the used, for sale, books arc . Mr. Long ltaled ya, Ibey will shift thaae around a little bit, that it will be in the form or a very niclC looting butch. Tbe ICDfleman tbal will be doing this bad thc cxmcession al McGuire's for about six months. Council Member Vorminag askcd if they will 5lart this after thc August opening. Director Long said no , they will go ahead and 5lart it prior to that. He advise that thc concessionaire is well vcrscd on thc fact that we arc l(ling to be c:lc-s for a month, so he knows that going into it. Mr. Vonninag commented that it seems like to him that Ibey ~ want to open that up with the big grand opening. Mr. Long noted they may haw: a grand opening and it may be a grand n,opcning or bis concession also. But that he would prefer tbal Ibey would go ahead and do ii r1llhcr than wailing. Couacil Member Hlbeniclll poillled out that if Ibey do find out that ii is really going to be terrible, that ii is I ---can't lake c:a,e orit, lhcn it would be bctler to find that out before thc grand n,opcning -'-ewrytbing is fresh and new again. Director Long said that is a good point and he advised that thc COllllaCt does allow for a 30 day c:ancdlalion on either pan . Mayor Bums noted they put this out for bid lasa year and they dido 't get a bid. He asked Mr. Long bow be happened to book up with MJH . Director Long explained that he was contacted by MJH, that he bas a relali\'C tbal WOl1ts for thc City and he bad beard about it through this relative and he gave him a call. Mr. Long said Id's talk, Ibey walked duougb it and be gave him a copy orthc request for bid. He went badt ... udiod it and talked to bis iimnnce ..... aboul it, made • couple or minor modifications and be is real excited. Mr. Long said he calls him about every week wanting to know when they will 51art. Council Member Vormit1111 llllied if lie will be brillliDI in brand new equipment. Director Long explained tbal it is baic:ally Ille -oquipmcnl t11at be llad • far as the coffee maker and this type or thing. He advilCd tllat it is 11111 goillg 10 be pm.a or fiacb fries and they will still haw: a sign on thc door tbal you can't bring your own food ia. very similar 10 what dlealcn do, so that people aren't bringing in frencll fries. pm.a and tbal kind or tbillg. Council Member Vonninag com.......,., 111111 he is looking forward 10 the opening. Council Member Waggoner llllied City Auomey ~ if be llad looked al thc iimnnce policy be bas and if be is lllisfied thal we arc NOii 11ely CIIMffd. Mr. Bnll-.. llaled absolutely, that this actual co,~ agreeoail. ex'1qll lor a few minor i-. is Ille w COIICCllioaaire agrcemeat as the one al the golf coune . COUNCIL BILL NO . 36, DmlODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING A CONTRACT FOR TIIE ENGLEWOOD PUBLIC LIBRARY FOOD AND BEVERAGE SERVICE . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPllOVE CONSENT AGENDA ITEM II (a) (vi) -COUNCIL a1u.. NO. J6 ON nllST READING. Ayes : Council Members Vormittag. Wiggins, Habcnicbt, Waggoner, Clapp. Bums Nays: None Motion carried. DiRUOr Long thanked Council OD behalf or the Libnry, the Library Baud and bopdully the pulllic . • I .. • 0 • • • <. EqlewtllNI City CaallCil April 21, 1"7 ... 15 ••••• COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (I). (H) aH(iil) ON SECOND READING. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 26 , SERIES OF 1997 (COUNCIL Bill NO. 27 , INraODUCED BY COUNCIL MEMBER WIOGINS) AN ORDINANCE APPROVING SUPPLEMENT NO. 130 TO 11fE SOU1llGA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH 11fE CITY OF ENGLEWOOD. COLORADO FOR 11fE INO..USION OF LAND wmDN 11fE DIS11UCT BOUNDARIES . (ii) ORDINANCE NO. 27, SERIES OF 1997 (COUNCIL Bill NO. 28, INraOOUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AU11IORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN EASEMENT FOR IMPROVEMENTS ALONG 11fE SOU1ll PLATTE RIVER OIANNELIZATION PROJECT BE1WEEN 11IE COLORADO WATER CONSERVATION BOARD OF 11fE ST ATE OF COLORADO AND 11fE CITY OF ENGLEWOOD . COLORADO . (iii) ORDINANCE NO. 28, SERIES OF 1997 (COUNCIL Bill NO . 29, INlllOOUCED BY COUNCIL MEMBER WIOGINS) AN ORDINANCE ENACTING A NEW TITI.E S, CHAPTER 24. OF 11fE ENGLEWOOD MUNICIPAL CODE 198S ENTITLED TATTOO ESTABLISHMENTS AND AMENDING 1Tll.E 7, CHAPTER 6E, SECTIONS . Molioo carried. Ayes : Council Members Vonniuag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays : None . .... COUNCIL MEM8ER CLAPP REMOVED AGENDA ITEM It (c) {Iii) PROM TIR CONSENT AGENDA. COUNCIL M&M8ER WIGGINS MOVED, AND IT WAS SECONDED, TO APPIIOVE CONSENT AGENDA ITEMS II (c) (I), (H) -, (ly) ON FIIIST READING. (c) Resolutions and Motions (i) RESOLlmON NO. 48 SERIES OF 1997 A RESOLUTION EST ABUSHING FEES FOR TA 1TOO ESTABLISHMENTS LICENSES UNDER TITI.E S, CHAPTER 24 , OF 11IE ENGLEWOOD MUNICIPAL CODE 19U • ... • c------------------;:·--------------:---------:---i • • , . • ·, Ea&lewood City Council April 21, 1997 Pace 16 (ii) 1997/1998 OFFICE SUPPLY CONTRACT WITH CORPORATE EXPRESS . (iv) CONTRACT Wlllf MACDONAW EQUIPMENT COMPANY IN 11iE AMOUNT OF $39,077.00 FOR 11iE PURCHASE OF A TRUCK MOUNTED HYDRAULIC LOADER AND DUMP BODY. Voteraalu: Motion canied. Ayes: Council Members Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None • •••• (iii) A l'CCOllllllClld from the Department or Public Worts to approve, by motion, the pwcbase ofa Tilt Cab Truck from Burt Chevrolet in the amount ofSJl,739.12 was considered. Council Member Clapp said lhat in going through the bids they all looked pretty normal. But, she asked. wouldn't the truck be a more valuable purchase if within the cab itself we offered air. Director Esterly advised they c:ould go back and cvalualc that if it needs to be cvalualed, but that be was not prepared to answer that question right now . Ms. Clapp uked if he knew how much it would allit. Mr . Esterly stated he had no idea at all. Ms. Clapp commented that she is just curious as it adds value to the truck and for the comfort level having that added to this particular truck . Dirmor Esterly said he does not have that information available, but that he c:ould get thal infonnalion and get it back to her. Ms . Clapp staled she would rally like to ICC what thal would COil, to ICC if WC c:ould offer thll. Mayor Bums asked what the lime factor is 1111 this purchase. Dirmor Ellcrly advised that wc arc already beyond the 30 days that was staled in the bid. so he would hope tbal they would hold it for another two wccb. Council Member Waggoner askcd if they should go ahead and .,._ it and just have Director Ellerly take a look at it and if he thinks it is ncc::asary be can just have it added . ~ Bums said he thought be oould, he didn't know why not. Dirmor Esterly SlalCd tbal he would expcc1 the supplier would not objcc:I to us adding a fCIIIUR: like thll to tbe vchiclc . Council Member Clapp said yes they would be adding to and she opined it would rally be a benefit l'or 111111c employees using tbe truck . She ~ dlelC IUIIIIIICl'I arc very hoc and this is a -" tndL out Ihm:. 1bis. she noted, is the first one she bas - looked II very cloldy and she _just kind o(miffed tbal it wasn't Ihm:. Council Member Wagooer noted it is problllly Filll to dcpcad oa bow nany other tndLs he's goC air ClOllditioning in . Director Ellerly said thal this oac. if it bad air CXlllditioning. might be a prime choice. Council Member Clapp said she would like to ICC thal added . Mr. Ellerly advised thal they can visit the cnlile issue about vchiclcs that arc or arc not air CXlllditioncd in the fleet . Council Member Clapp llaled that would be gra1 . Mayor Bums said walll 't it a qucslion whether WC c:ould pall ii. Council Member Clapp said pus it and then review air. Council Member Waggoner noted to give Director Ellerly the authority to review air. Ms . Clapp said yes . COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH BURT CHEVROLET IN THE AMOUNT OP SJ2,7Jt.12 FOR A 19'7 TILT CAB MEDl1JM DUTY TRUCK. I • , ----------------------------------;:----...... --.,-~ • Ea&lewood City Council April 21, 1997 •••17 • • Ayes: Council Members Vonnillag. Wiggins. Habenicht, Waggoner, Clapp, Burns Nays : None Motion carried. 11 . Replar Apda (a) Approval or Ordinances on Finl Reading (i) Neigbbomood ~ Coordinator Graham presented a recommendation from the Dcpmtmcnt olNeigbbomood and Businas Dcvclopmcnt to adopc a bill for an ordinance approving a tempOrUy IIIOl'llclriam aa pcraits and liccmcs in specific industrially zoned areas . He said be is rq,RICllting the tcmpOnUy __,.. OIi permits and lia:nses for the area identified on the attacluncat to this Council C-weiCPtion. He llatcd the area is bounded on the nonh by Yale, the south by Dartmouth. the cast by DdawaR and the west by Santa Fe Drive . Mr. Graham advised that staff has studied the South Broadway area for the last year and has identified the area shown on the attachment as an area with some major dcvclopmcnt implications for South Broadway and Englewood overall . He stated they arc requesting, with this onlinancc, additional time to audy that area and bring back to Council some recommendations for ru.oning and redcvclopmcnl of that area . Mr. Graham advised that they identified three Council goals from last year, the a,mmunity dialogue, quality of life and economic goals. that all rdate to this request . 111c n,qucst specifically is establishing an eight month temporary suspension or moratorium on issuance or permits and granting of licenses within that area. 111c City Clerk was asked to read Council Bill No. 33 by title : COUNCIL BILL NO . 33 , INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE ESTABLISHING A 'rnMl'ORARY SUSPENSION OR MORATORIUM ON 1HE ISSUANCE OF PERMITS AND 11tE GRAKTING OF LICENSES FOR 11fE PROPER1Y LOCATED BETWEEN YALE ON 11tE NOR11f, DELAWARE ON 11fE EAST, SANT A FE ON 111E WEST AND DARTMOUJ'H ON 11IE SOUTH. FOR A PERIOD OF EIGHT MONTHS . COUNCIL MEMaER IIAIIENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL alLL NO. J3. Council Member Vormittag asked if this is going to interfere with the wort being done on the Englewood Dcpol. • far • png permits. He aJllllllellled that they arc working on that project OYer tbcrc and be was lUl'C they woulcl need to get a permit or ancthing. Unless. be said. they wort it out wbcrc that is 11111 aftected by this particular alUIICil bill. Council Member Waggoner asked if they weren't already islucd a permit on that . Mr . Vonnittag advilCd that tbcrc might be other wort coming along the line. Mayor Bums said be woulcl thi• further permits woulcl be rcquimt if there was more wort done on that site. Mr. Graham advised that the intclll or this bill is to rcarict permits and lia:nscs on indullrially zoned propcny in the area identified. He said he believes that was on multi-family zoned property . Council Member Vonnittag ltalcd be would jusl like to make it clear. for the rccorcl. that the Depot projccl that is going on already. woulcl not be affected by this. Mayor Bums noted this is defined by a pognphical area. not by the UIC . City Altomcy Brotzman said yes. 10 they woulcl need to add indullrial . • . . -n, ~-------------~- • • • Ell&lewood City CCN1ncil April 21, 1997 Pap II • ,. - ... COUNCR. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO AMEND COUNCR. BILL NO. J3 TO ADD THE WORD INDUSTRIALLY ZONED PROPERTY. Council Member Waggoner uked iflhal would get you where you need to be. Council Member Vormiuag said yes. Motion carried. Ayes: Council Members Vorminag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None V• realb •die..._ .. .,,._ C-8 Bil No. J3 u -*ti: MoCiaa curied. Ayes : Couac:il Members V.miuag. Wiggins, Habenicht, Waggoner, Clapp, Bllras Nays : None (b) AppnMI ofO..U-OIi Secoad Reading Tbeie -no additional ilellll lllbmiaod for approval on ICCIOlld reading . (See Agenda Item IO • Consent Apela.) (C) Resolutions and Molions (i) BusillCII Community c.oontillllOI' Scibelli prelCIIICd I recommendation from the Deputmcnl of'Neighborhood and Business Development IO adopt raolutions approving busiaea cle\,clopmenl incenlivcl. He noted they did dilCUIS this llllltCr during the Study Scaion and Council bas the raolUlions before them. Mr. Scibelli advised that the l'CICOIIIIIICII CXlllllined in the l'CIOlutions for Finl Dall Corporation and Omni Development direcdy rdloct the redcvelopment, rei._._. policy recommendalionl prwntcd during lbldy -. tonight. Mayor Burm DOied dial they allo had I Study Scaion OIi this OIi Jamwy I J"'. (I) Agreemenl -,..COlllider_..·.-e11..i . A raolulion approving the Finl 0... Corporalion Incentive Tbe raolutioa----......... ._. by title: RESOLt.mON NO . 49. SERIES OF 1997 A RESOLUTION AtmlOIUZING AN INCEJlfflVE PA YMmrr AGREEMENT BE1WEEN 111E FIRST DATA CORPORATION AND 11IE CITY OF ENGLEWOOD FOR FIRST DATA'S NEW BUSINESS FACILl1Y TO BE LOCATED AT 750 WEST HAMPDEN , IN 11IE Cl1Y OF ENGLEWOOD. COLORADO. COUNCIL MEMBER VORMnTAG MOVED, AND IT WAS SECONDED, TO Al'l'llOVE AGENDA ITEM 11 (c) (I) (I)· USOLll110N NO. 49, SUlRS OIi' 1"7. Council Melllber Hlbellic:bl IIUII ifdlm ii a lilllc limit on this. Mr. Scibelli 1111111 dial wllll ii ClOllllilled widlia die achlll lgreemenl is I pnMIMlll. for wbal they call I claw bmt llf 11 3 for die pay 11K1t of die prcipoad Clllllysl. He lllled for C ity Astoney Broszaan '1 mitSa!ICle in cxplaiaina t11is • lie • • • • l:a&lewood City COUlldl April 21, 1997 .... , did not MW the agreeaait in front of him. City Auomey Bl'IIIZmllll said he would look through the ...-ad poinled out that it always 1111 the lamination provision. Council Member Habenicht IIIUd iftbispes with theaimat owner of the prupeny, that it doesn't move with the property. Mr. Sc:ibelli lllled that WU comc:l. Coullcil Member Wqaoner queationed whahcr there would be a time limit on when he 1111 to MW this done allo. Mr. Scillelli said he belicwd that they included that in there. Coullcil Member lflbeaic:bt llllecl M are not ping to pas this and then 20 years from -nothing 1111 been done and IDIIICbody will pull • the ...-and ay )'OU cxcmpled us 20 years ago. Mr. Sabelli said DO, thal -not the inleat. Ml. Hlbeaic:ht lllled Ille undenlood tbal WU not the intent, but that she jult 1l'UIKlered if we -prolDCtlld. City AIIDl'Dey BnltzaaD poillled out that they IC1Ully line IIMfal provisions. in pangnphs four and 1M. llltiq the taxa thal MW to be paid and whca they hne to be paid. City Auorncy BIOlZIIIIII adviled thal ......... Iliac talks about whal will bappen if )'OU fail to meet your capital inwstment. Balically. 11c noted. it sequira mmbunemeal 10 the City. Mayor Buns IIIUd if thcre -any other quellioas. V•realea: Motion curied. A,a: COUIICil Manben Vmmiaag. Wiggins. Habeoicbt. Waggoner, Clapp, Bums Nays: Nolle The raolutioD -aaiped I aumber Md Rllld by tide: RESOLtrnON NO. 50, SERIES OF 1997 A RESOLUTION At.mlORIZING AN INCENTIVE PAYMENT AOREEMENT BETWEEN OMNI DEVELOPMENT CORPORATION AND 11IE CllY OF ENGLEWOOD FOR OMNI DEVELOPMENT CORPORATION'S NEW BUSDESS FACDJTY 10 BE LOCATED AT 750 WEST HAMPDEN. IN 11IE Cl1Y OF ENGLl!WOOD. COi .oRADO. COUNCIL M&Ma&a VOIIMlftAG IIOVD. ANa IT WAS SIECONHD, 10 M'l'IIOVE AGENDA ITEM 11 (c) (I) (2) • asoLUTION NO. 91. sans OP 1"7. Motion curied. Ayes : Cwil ...... VOl'llliaal, w--. H•c ic:hl WagDDCr. Clapp. ... Nays : Nolle (ii) Neipborllood De<ldapfflHI CoordilllllOr Grabam ....... I P'OC D 1 SWIii from the Dcputmcas of Neipbortlood ad~ DellelopmHS IO .... I ...... appn,rilta die South Brcmway Actioll Plan of 1997 . He cxplaiaed tlult. oa die aMzcr of the Sout11 Brcmway Adm Plan. they MW anempsed 10 IIIIMllril.e whal -abous a 25 peee doaaells illZo __, dne ..... ia order 10 awe Council the cliltilled wn1oa of wlull llley ..._.after--. widl twi ..s.....,. for the IMZ )al'. The idea of the C1JeC111S ii. dulZ they are bluti9a1111 die Coaprc•c uiw PIM ZIIIZ- ' . • • .... :f![i t!flilill il1'!iffl fl{~tiilJ :1•iJflillililfl[ i !1111 ,!1;1111 11·1!1 11~ 111i{t•~1 I :i~t!(~l'l•IJl~'I .J·R =. II' I. ·I g f =. ·fl~ f I' I' r fffsS:l 111· !rrf! l(fJ:l,J liiJIJiJ 11Jjt11 1f11!1!~~J!JiJ!,Jf~; 1 i, 1• au!l• 1 Iii'~ . H '1 • l 11 r'hi! 'tJi hi ~ii1•I l1'itll 111llfilfl J!if,Jli 1l1!1~11 111~1fr11 J r 1 . J ,. · · 1 ~ ~ · 111 • • . i · ' r I l ~ 1 !. l I 'I I i 1 ! i , i • t 11 l ,, .. , il:,,u ••nlJ11 fHrid; i,:-1,'Juir•l(·r 'fl ,Jr1 1 ~• 1111 JI 11i~1r~, l•f1,.-1.1Jlif,,li Jt .!, If 11'11 .. 1' ~ r• J· I i s 11a,lf ! H•l 1 !hi 9 ~ru H s !: f I · i I a. s I~ If• 11. f ! l ( I s·IJ. I Ii t! iJf J-i . r i; ·c i · r'J'1 trlJ ~-,1r,1J1. Ii .111-r~i1'~1a1 f11liJ fl11!,1!! 1ft 1iti il:1Ji!i! 1J!1111IJ1Jll!1I: I' • • ii. si s f l rlf~ s IT if ff-a s , • r I .. •• ~ ' "-; .... • ~ (,.) N X , o ; r llliffi l(j(' •1i~fffi ffilj'i 11rJ1•1 1Efafl~Jt. ii' ~ I •111 tl -i ~ If• . lllr ·fl • '~If . J ifr• ~~, ~ -t:Jifil ~,1~ i!i,11111;~1~p1 l!li1~;,~~!:~11 !I 518111.. . l fi1Bll flll s~J~l~1-1~~llfi 1t~•~iJfillf(lJ ; ! iitJl!i ,E,,111 li,,1:1, 1i! ,ll!i,i J1,·11f,!Jl,ll!lffl~I l it S•1 I rir ll'lt ·aa. ;·11;;· I . ~ a( I ·1 ; fiJJffJ Jili. lfllJJt l1ill, 'li 11 1 1',IJ}fijJli! • •1:1--rlf 11•! 1·1'''' a!JH! r,. !IJ·i~=H! !1~r• irJi 1Ji'' irf ·1 1iirl f i(1 !i l1 !f 11Jlt'lii' I ·1 • rt i " I l 1 : l lJ r I i. t I: l e . 11 ! i • I '1rl ·Ji1! ~-ii 11·1;Jf•t 11•li• 1111lr•''1'11·!i __ :J11:• ,tr · . i'1· .1taf ,~111.ls imfl: ~,r11itt r!tl i!iii!i fi(!t! f~li,i'1!1iil1 .. •J1r 1 t I flrft 1it-1i l J1 ~ ,1 r1 , r I.· 7 . ~ • h&lewood City Council April 21, 1997 Pqe22 ·, • • .. A RESOLlJTION APPROVING THE MSOIJll{ BROADWAY ACTION PLAN OF 199T AS AN AMENDMENT TO THE MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "THE 1979 COMPREHENSIVE PLAN (MASTER PLANr. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 51 , SERIES OF 1997. Ayes: Council Membcn Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None Director SimplOII CIOIIIIIICllled tbll llaff rc:ally enjoyed womng on this plan and they really do appreciate the opponuity to bdp the revilaliulion or Englewood ud this is a really fun and significant project. He ROled they !om fCIIWUd to being lack befOR Council ewer the next ICVcral )'Cars on this one . 12 . Geaenl .,.___ (a) Mayor's Choice I. Mayor Bums staled that he had the pleasure or visiting Bishop School this morning during their morning assembly, which is held about once a month . He said he leamcd more about their reading program and an art program. There is a large turno\ler in the school population and about 7S% or the students qualify for support in their school lunch program, he noted. Mayor Bums said the kids suffer from a lack or resources in a lot of respects, but they have some wonderful programs at the school . The 811 program had 700 entries and that is about twice as many art pieces as there are kids in the school. The Rotary Club, of which Mayor Bums is an honorary member, has a wonderful reading program over there , he said, with about 37% participation. About 97% now are IICIUally reading. he said, and their goal is to have a1 least 70% read at 1ca1t 20 books or 2s pages or more each by the end or the year. Mayor Bums said one child had read 300 books. He said the program has ClalllOUI participation and is wry compctitwc and the kids are really into it. He a,ograhllated the Rowy Club for this effort. Mayor Bums spoke to Anita Bosworth. the adminilllralor or the pn,gnm. who is having tJOuble F(ting publicity ror the program and suggaled that Community Public Information Officer l'unc:laelli mipl be able to aai1t her. 2. Mayor Bums thanked ewryone for participating in the raiaa on Saturday with llaff and Council and the public. The ti,. half or the day was a1 Flood Middle Scllool ud the --.I half was here in the Community Room . He said he feels ii was really worthwhile and Council iaziwd • lot or iaput from the citizens on it. It is hard wort doing this kind or thing. he OOIIIIIIClllcd. bul it is wry beaefic:ial . 3. Mayor Bums said he -IOllldhing over the weekend repnling the Colorado Humane Sociely having a problem with their localion . He asked about the contracl we have with them for animal COIIUOI . Council Member Wiggins said they indicated there was no problem with 11111 all . Council Member Clapp said we may want to watch that, though. because if they have a problem with the other one it may be a problem for us . Mayor Bums agreed that it is IOIIIClhing to watch . (b) Council Member's Choice (i) Council Member Clapp : ' • I .. • • Eaalewaod City C011ncil April 21, 1997 Pqe23 • • ... I . She expressed c:onccm that Council Members' Choice was taken off of the agenda for Study Session. Ms. Clapp Slated there may be, at times, some things that Council may want to discuss 81 study session rather than at a regular session, but they arc not left with that option. She said she would like to reconsider putting that on lhe agcada. Mayor Bums said he focls that is a decem question. He feels Council has been spending quite a bit of time on items 81 lhe Study Session and they nmning out of time a lot, with Council comments. City ManqcrClarlt said IIBO'bubocacwlllllling thal and at lall wcclt's City Manqcr's meeting they dccidcd to cxperimcal with this. He said lie ......... that, in the bistoly of study ICllions, they ll8l1cd out • a City Manqcr's Study Selliae and aa)'bc CMr lllc years it bu blended info amoat u inb'aal Council meedng. We wae also lldicillg. lie llid. 11111-oflllc tllillp dial wae comiltg np IIDdcr Smdy Seaioa wae a11Dcoa111 npoa lllc ...-..... so tbey wae ~ np twioc. Also, be IIIMlcd, they arc trying to C111111PK1 IIIOR iaB ialo Ille Study Sellioa, be said. ud cxperimcal with thal lbr a wllilc. If Council wuts to ID-*. tbey will ID-*. be aid. but they -W like IO by dlis ilr a wllilc and 1DC how it -'is. For Cll8lllplc, toaigbl they -able IO Fl 8D Executiw Seaioa -of the way, die pension i-out of the way ud-dilcuaion OD ecc,maic .. .._.. UIClelllMS, be said, aad _. that was pressing it to Fl in llcrc on time. He explained dial was the ._ bclwld this, thal they wen: hoping to spccd up Study Sessions. Council Member Vormittag CX>IIUIIClltcd that. 81 times when they arc done at, for instance, ten minutes after lhe hour, aad there is not time to ID around to-,onc. then don't 11art it. If there is time to have Council's choice when they get done early and know they c:an get preay much around lhe table, then they should do it, he opined. On the other hand, Mayor Bums said, if you bavc IOD!dbing lhat could be raised at lhe Council meeting. l'lllbcr than Study Scaion, you wouldn't bavc to 1111c Study Seaioa time. He said be feels Council Member Clapp bu a point, sometimes there arc things thal you don't want to raise al the IICDC'8I Council meeting. Council Member Vormiuag said it could be left• aa optioa. iflllcft is IOD!dbing -ially W8111S to 111Y it could be added on at lhe end for just that oac member . Mayor Bums ............. ing lllal the member could let him "-ahead of time and then lie ca just c:all OD him or her. Council Mclllbcr Habeaic:bl said ifit im't bnJllc. doa't ftx it. SIie llid * ... ---Colacil for aillc ,_.. ud it Im always .. Ibis way lila lbc ha .. 11crc. SIie said 111c ha --it lie a ....... If dlele is time, Ille said. they do it, if lllae is not time tbey 1111c it -· bul tllc apliae is dlele if it is eoertllilll tbey tally bavc to clD. ud it doaa't bavc to ID dlnllllll III of tllclc foraaliliel. SIie said • feels it -... wurkillg MIi ... doea't bavc aay pralllea lawiltg it dlele . Council Member Clapp said she ha -Council W1M it before, wbcll they nm GUI of time, Mayor Bums jull ays they arc out of time. tony. Council Member Vormiuag ClOIIIIIICacd dial it ha oaly bocD 011CC or twioc where be actually W8lllcd to ltatc IOD!dhing there and he just let ~ Bums ~ dial lie waDIOd to ID ft,. on Council __.. c:boice . Mayor Bums aid if they would let him ~. lie -.Ida 't aeed to ID to cwery cbair aad 8*. Council Member Vorminag llalcd if I Co1u1ciJ .... 11M ... Iii .. iapol1Ul tbey ca jull let Mayor Buns ~ and you can lie lhe ft.-oae . ... • • • • h&lewNd City CCN1ncil April 21, 1997 Pqe24 • • Cooncil Member Habenicht a>mmented that what Ibey could do it jllll raise their band. City Manager Clark said we will just put it back on. as that will be a lot easier . Mayor Bums agreed Ibey could just put it back on and he will ask, by a show of hands, who wants to say something. 2. Ms. Clapp said there were a couple of comments made as to affordable housing, and one was in rd'ereocc to affonlable housing 81 to the definition from the Mayor's Caucus. The other was made in rd'erence to a8'ordlble housing tluuugb the Housing Authority . For her own~ and information, she requested Mayor Bums to pnMde wboeffl' is inlen:lted infonnllion 81 to the definition of affonlable housing for CKh al thole dil'ereal ealitia. Mayor Bums said affonlable housing is mon: of a clacriptive 1enn of a whole myriad or programs that you can initialc in order to auill people in purchasing housing. It is DOI rally an exact definition, that comes on a prognm by prognm lmis, be aid. bccaulC you may qualify for a cenain benefit, or a certain program. ba.a upon an income guideline. HUD commonly UICI a percentage of median income in the community on their qualific:alioos. Tony Hernandez. the HUD representative, likes to talk about all'onllblc housing 81 the whole a,acq,t, the whole bladlh al housing and how it can be afforded in clifl'eleal income catqorics, he said. Mayor Bums felt that, to Mr. Hernandez. it is more or less a concept, it is DOI a definition thal has exact terms. The idea is to gd away from welfare type implications, be opinod. 81 far 81 housing is concemcd. Council Member Clapp said she noticed that the Housing Authority kept bringing that up at the Town MeeliDg and lbc would like to know what was mean1 by that. Mayor Bums said he can get her unc more infonulion oo that, but it is mon: a a,ncqit than a program. 3. Sbe said lbc 1181 a ClllUPle of tencrs that -giffl! to her . Sbe said she received mon: dlan a a,uple. bul dicle a-apec:ific:ally 8lked lhal these be CDlcRld iJllo die .-d. Sbc said she bad DOI bad a dlaDce IO copy them and asbd that die City Ciak give her a copy . Council Member Wigim asbd wllll the lcaen arc in rcpnt to . Ms. Clapp rapoaded that one is a leacr to Cily c:-il, • Council lhoulcl Fl oopies al tllca as wdl. Mr . Wigial said dial if lllcy arc ..., to be mlenld iato die reconl. be would like a copy . The Giber, slle aid. ii to die City M-., and City eo-:il Melaben. ., * will pn,vidc thole for ever,-ly. IClat's aale: ~ lcaen were enlaed illllO the ra:ionL A lcacr dlllCld April 19. 1997from David no... 4151 Soutla Ddawarc and a lcacr dlllCld April 19. 1997 &a. Rlldl 11-al. 4065 Saudi c.ii- Slnct. I 4. SIie ltatod that she was jull a little bit ClOIIMOd oa die m1a1 in the ana-. She said it was her Ulldenlandilla dial lllcy were to have~ ladl ud Council . Sbe said she was curious as to w11y die Hauliaa Audlority was iacluded. Mayor Burm rapoaded ...... for the .... levelal )WI. die Haulilla Audlority 118ft', by QOlllnct, edmini*8 die BUILD program . The Rdllb Lou pnipaa ii Ille w way , be aid. When Paul Mali-*i was tbcrc, City Muqer Clark would tall to him ud bave him lit ill 1111 IIClliolll with the City 118ft' aa... as if be was a 118ft' member, Mayor a.. aplaiaed . It .. aaillly ba:auK of die c:ac ..till& relalkwl!ip ._ die Houliat Alllllarity ud die Cily-die )WI wl ._ the propw arc edmia ·•ued uadcr altlllllCt witla die Hollliaa Alllllarily. He ca u d dial if you 11R..., to talk f • • Ell&lewood City Coaacil April 21, 19'7 ... 25 • • about these programs, you really have to have the staff' there. Janet Grimmett bas been a City cmployec througbouc. for illllaDce. and she is becoming a Housing Authority employee. he said. Council Member Clapp said she feds we should also have Harold Cdva there representing Englewood Downtown ~t Authority for revitalmtion of the City, since be is a big part of that and the downlown area. Mayor Bums said that is a point. Ms. Clapp aJntinued that the next time we do that we lbould IIUlke sun: that ~ who is l(ling to be a pan of the COllwnalion or have a band in wllal is going OIi should be allowed to participate. Mayor Bums related that, two meetings ago, be allclldcd an EDDA IIICICting about the draft of the downtown plan. He felt it w pNlty exciting and that IOO!dbing CIOllld really cvc,m from tbll and be would lib tow tbll WOlking ""8tionlhip cleYdop again bdwcen the City and the EDDA. even though their plan bas lagpd behind the City planning. be said he feel tb11 they have IOD!rtbing thcrc and tb11 it CIOllld be pNlty exciting. (ii) Council Member Waggoner expressed concern about the portable ralnlom that w tipped owcr and not reacted to . He: said he would like to see Waste ManaplClll cited for tbat pniblem and for not responding. Council Member Vonnittag said be would not have said to cite them if they bad cleaned it up faster , but feels they should be cited for not cleaning it up when they first lcamed about it. Mayor Bums said there is a real a,ncern about being called and promising to do somcdling about it and ta just not having it done. He: said he feels they clescrwd a better raponse than tbat. City Manager Clart said they knew this w CXlllling and dilcuaed it this morning. He: said be abd the Safety Services staff' to look into IClling up a meeting with WIiie MaftBFDICDl to talk about it. More impol1aDlly. be said. be is l(ling to ask them to look into the poaibility of putting all of the portable poay people on DOlicc that, if wc do have a spill, thcrc will be a time r,._ ilr dean up ud wbll bappens aftawlud. whether our Hazmat people go out. Tllll would be very expeDIM. be said. if they llad to go • ud dean it up. In addition to talking with Walle M,..,...,.. about die incident. they will talle a look II wbll happens in the fillure, be said. Council Member Habeniclll said thll all of tbolc things 11ft: important. but we do owe it to our citiz.enl. apocillly die cliildlm. tbll WC ._ UYC I lilllllioa ~ a fulily bas to put up with this ilr tine days. SIie said lbe would lille to lhiM tlaal if dley don't talle can: of it righl away that we would briq our Huall OIII and bill them . She llid llllc thias we -all tam aback by that. Council Member Wiggins agrml. aUowiag tbll be does not lhi• it qualifies a lmanlolll llllllcrial. but WIIIIC Manqclnent should ba\'C bad I backup~ CIDIIIC OUI and dean it up. ralizilla you cu 't put it clown the drain. They dell willl it all clay long. be said. adding tllll we did look a little iJolisll oa lllat one . Council Member Wagoner llid it may be buardoul. nx:alling tllll tllc cities of Eapwood Md Litdcloa paid quite a bit for dumping buanlous lllllCrial II the 1..-ry l...alldfill . He: opilled lllat ii -lllllllills other than wbll spilled OUI onto the llreels. He: llid be feds people lean duoap citllioM Md lie feels a citllioa mould be issued on this one. Council Member Habeniclll reqllCllCld thll thc Mayor, OIi bellalf of tllc c-il, Mile a .... ID dlil m. tliankillg lier for brinpna tllil ID our --Md ldlills lier lllow -=II we app.....-. il Md lllat we wiU be doina everythina we can ID be ue tllis ._ 't lllppal apia . .. • ---------------------------···------------,,..--------""'"'.'-----------.-ii • Ea&lewood City CCNIDCII April 21, 1997 ... 26 '· • • Council Member Vonninag agreed. adding thal ii should be a letter from lbe Cily Manager apologizing for the run around she go1, CYCO !hough ii was kind of a catch 22 siluation. Cily Manager Clark said he lhinks Waste Managcmc:nl owes her an apology letter, 100, and we will do what we can. Mayor Bwns fell ii was real unfortunate that she had to come down and mid Ibis lilany of hassle that she had to go through for three days. City Manager Clark said he will take care of it and will draft a letter for Mayor Bums' signature. He said there are a lot of companies in that business and if Waste Management can't come out and get it then thcY need to be put on notice that thcY have X amount of time to do it. or we will get somebody to do it and charge them for it. Mayor Bums added tbat, with our ccooomic developmcut projects. tbere will be a lot of thole around. City Manager Clark agn,cd, adding that kids like to tip them. This has been unaccq,table and we all looked foolish on Ibis one and we need to take whatever Sleps to make sure it does not happen again, he said. (iii) Council Member Habenicht: l. She said we were very sua:essful moving toward Light Rail in the Southwest Corridor primarily because we worked so hard as a team. with swr working with swr. and Council working the political piece. She opined that. based on lbe session on Saturday and people asking for action, there is a lot of excitement and potential for Ibis Museum of Outdoor Arts doing some sort of partnership with the Ci1y of Englewood. She said she would like to see us working in tandem with the s&all', working from the s&all' position and working together with the political angle of it. She said she mentioned to Cily Manager Clark that she was going to bring it up and asked if she is llOllCCI that he doesn't have a problem with that. City Manager Clark said be did not have a problem with it. but we should be sensitive to our developer, also. Council Member Vonnittag asked if I meeting could be let up with them Ill we could gct IO ~ each other. He said he feels that lbe 111¥)rity of Council is intcralcd in them coming and it is only right that we set down with them IO ICC whal they are interelled in. He asked City Manager Clark if SOIRClhing could be let up in the near f'ucure. maybe after lbe election III the ICWlllh council ~ can be inwlwd. Mayor Bums said thal is I good idea and that we should ndy the bell appn,acb. opining thal it is I pretty good idea. Council Member Habenicht said she would sure like to be inwlwid in that . Mayor Bums said be is sure she will . 2 . She opined that there was -excitement genented on lbe clean it. fix it. paint it idea. The people that were there. she said. were asking for action from Council and she feds it is -.elhing we could stan acting on real fast . She suggested dira:ting the Clean, Gn,en and Proud Commillioa to !om at poaibly putting togcthcr some IOr1 of program like this, but not with the 01111S of jull dumping it on them without any other resoun:a. but asking that maybe thcY take a lead in pulling in the whole aJIIIIIIUDily . Maybe selecting an area or doing a time line of different areas where we could all gct behind them. maybe throw in -resoun:a. CYCO ifthcY need a small budgct ofSl,000 or III to gct it going. She felt we should ll lcasl gct this one stancd because thal zoning and a>dc issue was III big. ' ..... • • Ea&lewood City CCN111c:II April 21, 1997 Pqe27 (. • • Mayor Bums agreed that ii was a good idea and said he would really like 10 sec that also. One other thing about lhat meeting, he thought might be interesting, is lhat he undcrslands thal Lilllcton, once a month, bas a Study Session OUI in tbc ncighbodioods. They 80 OUI IO a school or whatever away from City Hall and be fcll lhat is an intcresling idea. Council Member Habenicht agreed. 3. Ms. Habenicht lhankcd swr. tbc citizens and Council for all !heir work OD lhc South Broadway Acuoo Plan, • well n tbc boards and a,mmillioos, cspccially our Planning and z.ooing Commission. She raninded Council lhat ii got IW1Cd wilh tbc Quality of Life subalmmittcc lhat wc eslablished from within City Council. She said sbc would like IO -that .-stablilbed or re-illllilllled, either wilh tbc amc mcmbcnbip or new mc111bcasbip, to urt worting on tbc zoning ismc. The woman who add,-! us on tbc porta potty, sbc said, aJIIIIIICllled that CGdc Enforcement will CIOIDC in and Ibey will &alk aboul bow high ,our gna is, while sbc bas bunan wasac in her guller. Ms. Habcaicbl lhougbl maybe lhal was wllal CoUllcil Member Clapp was addlaling, lhat maybe if lhcrc was a citi1.eas poup bdping IO cldcnninc whal ooclcs arc of primary imponancc al that time, maybe wc oould SI.alt that process IOgCtbcr wilh llaffworting wilh Council. 4 . She asked Council if Ibey would support her aucnding tbc annual c.olorado Municipal League ConfCl'CIIClC. ,.. tbc CML repracnlatiw lo tbc Policy Committee, she said, Ibey also haw tbcir annual meeting lbcrc. She said ii is an imponanl thing to a,n~ 10 be a part of, lhcn:for she asked for Council's support for her rcpn:scnting tbc City al that. She said she undcrslands lhat tbc budget is as high • it would ever go, and it probably won't be that high al all, ~ on diff'crcnl aspects o( it. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE COUNCIL MEMBER HABENICHT TO ATTEND THE CML SNOWMASS VILLAGE CONRUNCE JUNE 1"7 AT A COST NOT TO EXCEED A S1'80. Council Member Wiggins commcnled lhat be will \'Ole againll this. With all of tbc coaf'Cl'CIIClCS Council Member Habcaicht bas been to, be said, be bas IIC\'CI' bad her ClOIIIC back and bring anything to Council that bas been bcncficial that be bas derived from it Ewa though she rq,RSCRIB tbc City on CML, be does not feel we haw ever bcocfiled from it. He said be knows that she said die nctworting she bas clone with other people bas been the thing, but be docsn 't agree . Ayes: Council Members Vonninag. Habcaicbt. Wagoner. Clapp, Bums Nays : Council Member Wiggins Motion carried. Mayor Bums COIIIIIICllted that be will be briJlpllg ...... lliwg lilic lllis bcfale diem aho, • be likes 10 lllCDd part of it. One thing be bas rally gotlCD out of dlelc ouai:.www is die IIIOnlcya' ICIClioa. but also the other sections, on finance and pclllions ud lhiwg like that. lie said, lhal lie drops in on . He ra:alled dropping in on a session about pwdlasing that was hclplul. Mayor Bums DOied we all haw our own rewards from these things. (iv) Council Member Wiggins: I . Rdcrring lo tbc Museum of Outdoor Arts. he said he bas hcanl them talk about ii but be bas not ICICII anything. He said be knows nothing about these people . He agreed with Council Member Vonniaag lhat Ibey should gel IOlcthcr with these people, as be would like to sec what ii is lhat Ibey want to pu1 into our city . ' • ·- .. • • En&lewood City Council April 21, 1997 Pace21 '· • I• • Council Member Habenicht said that makes sense. Council Member Waggoner said they have some good information packages. 2 . He said they are uying to push the clean it, fix it and paint it, and that is fine, but we should set an example, each of us, by our humble abodes. He said if we are going to turn it over to Clean, Green and Proud, don't just talk about it, but live it. (v) Council Member Vonnittag: I . He asked if we need a motion if we are going to do something like this. for the money, to go to Clean, Green and Proud. He said he would like to be able to say that Council would approve, for example, Sl,SOO if they came up with a plan and a projecl . He said it is only fair that they come up with a plan and a projecl before Council approves the money. He asked Council Member Habenicht if they could use her home as the first example of the fix up, paint up, trim it project. She said "you bet". Council Member Waggoner said we should take, fCN' imaance. an eight block area and just assist those people in that area to do their own clean up. paint up and fix up, only you make a big deal oul of it. You Ft them fOICther just like neighborhood IWaldl CN' amcthing. he opined, and promote the idea and. if you have to, maybe the City can provide a dump tNC:k to haul things away . He feels that is the idea thal should be cxprascd and the program thal Clean. Green and Proud should pursue . Council Member Vonnittag asked if Council Member Wagoner is willing to come to one of their meetings to state his opinion. Mr. Waggoner RllpOllded affirmatively. 2 . He complimented Council Member Clapp oa the jab sbe did oa thal ~ thing with the two years. He said two years from now. with the pcmibility of Cinderella City ,oing gung-bo O\'U llleR. you could say we want IO look at this in two more years . Who k-. be QOl!tccsmd , things CXlllld cllaaae, you can always throw more money into thal projecl for coacn:1e thal -·t need to be fixed for five CN' six years yet, but at least it will 1181'1 accumulaling illlerell. 3. The Littldon Community Music Aaocillioll. lie said. did 11111 Ft ...-,.1 to be in_. F-111 of July Celebnuon. A letter in the Council paclds cxprcad their di FF IJi•--wl eo-:il Member Vonnittag asked City M8D8F" Ouk to cllcck -» why tJiey -11111 UMIOII. Council Member Wiggins said perlulp5 Nancy Paa-. could give a liale iMiglll -, dllS lilllllic,a. Mayor Bums said be doesn't"-ud 8lbd iftliey-illChldal ia. year. ~ Mcmber Vormiaag thougbl they --<:ouncil Member Wigpas said. siace it -...__.to~ Lialdoa w1 South Suburban. thal appuallly all dlftle ealilies llllve docidDd • to 111e tllis Olllfit. ma,-lie CIIIIM to check with them and Nancy~ lilr -iMiglll . Council Member Vonnittag asked if Slaff aiuld fiad out. sillCC we llllve alllolutdy no idea why tJiey weren '1 eelected. Council Member Wiggins DOied it is just one individual per-. 81king. DOI the band. Council Member Habenicht suggesl that, sillCIC Mr. Vonnittag has an illlelal in the Fourth of July CddJration. that he liai11111 with the Council oa 1h11 and be involwld a little bit oa 1h11 . <:ounciJ Member Vormittag asked if they are appointing him IO do this. Ms. Hllbalidll said Ille lllollpl dill wa.ld be great . She said she k-. with the Parade Aaocillion it hdpl 10 llllve a ._ ~ rn. die 1C1i1oo1 district and the City Council . ' .... • . I .. • Englewood City Council April 21, 1997 Pa,:e 29 • I• • Council Member Vonnittag asked City Manager Clark for his opinion on Mr. Vonnittag's working with City staff on it. Mr. Clark said he is not sure what City staff is doing on it, except for the Neighborhood Watch people. He said Mr. Vonnittag is certainly welcome, adding that starting with last year we were attempting to spread the responsibility out through the Littleton and Englewood communities. Most of that effon. he said, has been coming from Neighborhood Watch and our usual suppon role from Safety Services. He recalled that last year we had representatives from Littleton and Englewood. He said he will get the infonnation to Mr. Vonnittag. 4 . He asked for Council's mppon in going to the International Conference of Shopping Centers in Las Vegas with City Manager Clark. Mr. Clark said he is looking right now at going Tuesday morning and coming back Wednesday night and is not planning on attending the full conference. He thought maybe Ari Scibelli from Neighborhood and Business Development is planning on going to the full conference . Council Member Vorrnijtag said Council will get a report from him on the conference. Mayor Bums asked what he intends to aca,mplish from this. Mr. Vonnittag said he will find out about the malls and learn as much as he can about them. Council Member Habenicht said she thinks this is a good idea in terms of the fact that staff has lo act like staff and can 'I say a lot of the things that an decled official who goes along can say . Working as a team that way can be very beneficial. she said. She said she has seen Mr. Vormittag work in a situation like this and she feels he will really pay attention to what is going on. He has never asked to be a pan of any kind of conference or anything like that and she feels bis dedication is there and that he has taken, from the very beginning. a lllrong illlelal in the Rdevelopmenl of Cinderella City and bringing in the businesses lhal the oonununity has been asking for. She opined that he can serve us well doing that. COUNCIL MEMaER HAaENICHT MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDl11JRE OF NOT TO EXCEED SI .... ,OR COUNCIL MEMBER VORMITTAG TO BE A PART OF THE DELEGATION raoM ENGLEWOOD ATTENDING THE ICSC CONRRENCL Ayes : Nays : Motion carriod. 13 . Clly Maaaeer'1 ..... Council Members Vormiuag. Habenicht, Waggoner, Clapp. Bums Council Member Wiggins (a) City Manager Clark praenlcd the Cinderella City Aclivity Rq,ort . He said be revised the schedule and ICDt a copy to Equilablc:. in tbal -are about a IIIOlllh behind scbcdulc from what we originally submitted last IIIOlllh . He said he kepi the Scplcmber Is• dale intacl • a target dale . As far as the lease terminations, he said. he believes Lens Cnften ha been terminated and they are in the process of closing the store . There is nothing new with regard lo Wards, he said, and he advised Council that he included in their packets some press clippings regarding their deteriorating financial situation. Council Member Wiggins said there was an anicle in the Rocky Mountain News this morning about how in the hole Wards is. City Manager Clark said there i1 nothing new with regard lo the environmental cleanup or with Mcrtanlile. He advised he bad a meeting with Miller/Kitchell last week and expraacd our i-with regard to the PUD submittal. A lot ofthal delay. be said, is relalcd IO lbe grading plan and thcR are - ' ..... • . I .. I· .. -, rr~ • ~. l • Englewood City C•acil April 21, 1997 PaseJO • • engineering issues that they are still in the process of sorting through. One is whether or DOI to have an elevalcd pamng ~ and they are also dealing with the engineering issues of the retaining wall that surrounds the lower parly ll'l, deck along Hampden and Elati and what kind of implications that has on the fill, he said. They simply can't take the deck down without the walls falling in so that will require some additional engineering and may have some implications on their fill . So that staff' doesn't become a go-bctwccn with Council and Miller/Kitchell, we have scheduled Miller/Kiu:hell to meet with Council at the May 12111 Study Session, he advised, and will give a status rq,ort on where they are on everything with regard to tenant recruitment. getting the sight plan approved and so forth. Mayor Bums oommented that he went to the Arapahoe Mayors and Managers Breakfast Friday and there was another presentation by RTD. Cal Mandia, the general manager, said that the funding for this year for the RTD Light Rail Project is now in the U . S. Senale . In the Appropriations Committee they had asked for $41,500,000, the House recommended $21,500,000. They are attempting, primarily through Senator Campbell, to raise that number and they are fairly confident that they will be able to do so. Mayor Bums said they are ready and willing to assist the lobbyillS and staff if they need letters for that and so forth. but it looks fairly positive that they can keep OD track for the project as they move ahead. Their schedule, he said, is a little bit ahead of the full funding grant agreement. Council Member Vonnittag said every time we look at these it says RTD Light Rail Station completed December 1996. He asked City Manager Clark for any activity that may be negative or positive on this, so it just doesn't say complete and that's it. If there is activity going, money going up or money going down, or whatever, he said he would like to be kept abreast of it. City Manager Clarlt said, addressing the intergovernmental agrcemenl. that right now we don't really have anything else going with RTD with regard to this specific site. As far as the funding, he stated, we will continue our dialogue with the lobbyists. Mr. Vonnittag said RTD Light Rail just covers everything. If there is something going on. whether it is positive or negative, he said he would like to be informed about it. Mr. Clark said that. with funding, we will do it through sq,antc channels with regard to keeping Council informed on where they are oo the funding leYel . Mayor Bums said anolber thing they came clown and talbd about was enhancing that saop. though it may be real early to talk lboul that now. bul to ,ct YOIIIIIICICr supplies and labor and ideas to enhaDce and design the stop so it isn't just the normal concrde and a little shelter thing that RTD normally would do. Council Member Vonnittag said thal is great. and he opined that if we hear that we can say sure we think that is a great idea. we will give you Englewood's support• a Council. Mayor Bums said he would also like to ~ whit has been done OD that because it takes a a,up1e of years to ,ct people prepared and do -planning. They gave us sevcraJ examples at a meeting several months ago. he said, of some really remarltablc enhancements they have done in Southern California and other plaocs to some of these light rail IIOpl. Council Member Habenicht said we have had a poup tbal has been meeting with RTD rq,resentatives based on the design of tbat stop and thal _,-thal -desipetod ill lel'al of the enb•IIOl'DICN . And, she DOied. when Suric Grace was witll 111. she: was die-tllal -11111 ol .utiag with Ille RTD llaft'. She said at the dedication one of the boanl members a,acllCld thal we Fl topther with Cal Mandia and ' ..... .. • -·--------------------,· • Ea&lewood City Council April 21, 1997 Pqe31 '· • • make sure that that piece doesn't get lost. She said perhaps we need to make sure we have a stall' person who is designated to work on that, to maybe pull the people and RID staff together, and perhaps our RID representatives, to make sure that we arc still following through on that . She feels there were at least two meetings with CIOllllllunity mcmben and City staff and RID rcpl'CIClltation on that. so we need to make sure it doesn't fall through the cracks. (b) City Manager Clart n:quested a Performance Evaluation. He read from a memo in that regard that he rcspectfu.lly n:quaas City Council to conduct a City Manager's Performance Evaluation at the earliest possible date, rather than wait until the next cycle, which would be at the end of July or August. He said he has two l'CIIIIOIII for this n:quest. 1be first is, that it is important that he continue to enjoy Council's support and coaficlence as he wons on the various issues facing the community and make sure that he is worting in the dircclion that Council wants him to. It is also essential that we maintain a collaborative dialogue, he said, puticularly when differences of opinion arise. He said he refers to some ol the evea1s ol the lat 30 to 60 days. Secondly, he said, his employment agreement n:quira that -do this every six lllOlllhs and we really ba\'al't done it every six months since he has been here. He Slated that committing ourselves to a once every six mondls dialogue enswcs that potential problem areas arc addl'CIIICd forthrightly, rather than. if there is a problem out there, it festers under the surface. A strong fa.mdation, he said, for a CGuncil Manqer pannenhip, is forpd and IUStaincd through a mutual agreement on what the goals and cxpectations arc for the City Manqer. In addition. he said, he recently came across an anicle that appeared in Public Manqcment on this issue, which he anached to Council's copies ol the memo and feels they will find enjoyable reading. He thanked Council for their consideration of this n:quest. Council Member Vormittag asked if they can put that oa a study session agenda or in Executive Session. Mayor Bums agreed. Council Member Waggoner said we all have a tendency to forget when things arc due and it ought to be scheclulecl every six months at an off Study Sellion and if it is ICbcclulcd that way then we don't forget it. Mayor Bums agreed that it was a good sugellioo. (c) City Manager Clart said he wants a little -dil'CIClion on the Museum olOuldoor Arts, but prefacccl that with telling Council where we arc at . He said we have had some meetings with the folks over there and what we arc doing is working out the financial pro forma on what the operations and mai'*"8na: COits would be if they do come to the City and 111m also what the pro rata shaR of the COil ol camng out five to ten acres ol the Cindetdla City site is. He said they had a meeting with them last week ud -BR joiatly cleYdoping thelc numben and they have pn,vidDd us -numben on tbat. He noted they illdic:alal al lat week's mectiag tbat they ue looking at other localions. which we knew. He said he thinks whal Council is asking is that we put together some type ol a study leS5iot1 to get acquainted with them 811d maybe we can have -ol this homewort, thal we have been working with them on, collll**'d al tbat time and then have them come over. He asked if that is what Council would like for him to do. or do they also want a Council/staff' team. He asked, if that is the case, who would they like on tbat team . Council Member Vormittag said lets just get to know them and hear what they have. We may be putting the hone before the can sina: Council Member Wiggins may not be in favor of this at all, he said. Lets see and hear what they have to offer and then ICC the number on what it would COil for them to come. Mayor Bums said in the mean time we might get these pacbts ol information on what they a,e about. City Manqer Clart said he will do that and then we can get IDIDelhing together with them . ' • . .. • -------------------7-ie • Eac!ewood City Council April 21, 1997 PaFll '· • • make sure that that piece doeso 't get lost. She said perhaps we need to make SUR: we have a staff person who is designated to work on that, to maybe pull the people and RTD Slaff together, and perhaps our RTD representatives, to make sure that we are still following through on that . She feels there were at least two meetings with community members and City staff and RTD repraentation on that, so we need to make sure it doeso 't fall through the cracks. (b) City Manager Clark reques&ed a Performance Evaluation. He read from a memo in that regard that he respcctfully requc:115 City Cooncil to oonduct I City Manager's Performance Evaluation at the earliest possible date, rather than wait until the next cycle, which would be at the end of July or August. He said he has two reasons for this request . The first is. that it is important that he continue to enjoy Cooncil's suppon and coo6dcace as he worts on the various issues facing the community and make sure that he is working in the dircldioll that Cooncil wants him to. It is also essential that we maintain a collaborative dialogue, he said, puticularty when differences of opinion arise. He said he refers to some of the~ of the lasl JO to 60 days. Secondly, he said, his employmenl agreement requires that we do this every six months and wc really haven't done it every six months since he has been here . He stated that committing ourselves to a once every six months dialogue cnswcs that potential problem areas are addressed forthrightly, rather than. if there is a problem OUl there, it festers under the surface. A strong foundation, he said, for a Cooncil Manager partnership. is forged and sustained through a mutual agRelllCllt on what the goals and expectations are for the City Manager. In addition, he said, he recently came across an article that appeared in Public Management on this issue, which he attached to Council's copies of the memo and feels they will find enjoyable reading. He thanked Council for their consideration of this request. Council Member Vonnittag asked if they can put that on a Sludy session agenda or in Executive Session. Mayor Bums agreed. Council Member Waggoner said wc all have a tendency to forget when things are due and it ought to be scheduled every six months at an off Study Session and if it is scheduled that way then we don't forget it. Mayor Burns agreed that it was I good suggestion. (c) City Manager Clark said he wants a little more dil'CIClion on the Museum of Outdoor Arts. but prefaced that with telling Council where we are at . He said we have had some meetings with the folks over there and what we are doing is working out the financial pro forma on what the operations and maimenance costs would be if they do come to the City and then also what the pro rata share of the COil of carving out five to ten acres of the Cinderella City site is. He said they had a meeting with them last wed. and wc are jointly developing these numbers and they have provided us some numbers on that . He noted they indicated at last wed. 's meeting that they are looking at other locations, which we knew . He said he thinks what Council is asking is that wc put together some type of a study session to get acquainted with them and maybe we can have some of this homework. that we have been working with them on. compldcd at that time and then have them come over. He med if that is what Council would like for him to do. or do they also want a CounciVstaff team. He asked, if that is the case. who would they like on that team. Council Member Vonnittag said lets just get to know them and hear what they have . We may be putting the horse before the cart since Cooncil Member Wiggins may DOI be in favor of this at all. he said. Lets sec and hear what they have lo offer and then sec the number on what it would coSI for them to come. Mayor Bums said in the mean time we might get these packets of information on what they are about. City Manager Clark said he will do that and then we can get IIOIDdhing tOIC(ber with them . ' ...... I .. • , • Ea&lewood City Council April 21, 1997 Pace32 • , . • d) City Manager Clark said he also is tentatively planning to go to that CML Confcrcnce but he needs to come back a day early on the 27"'. He said he would like to coordinate rides with members of Council who arc going as a way to hold down expenses. 14 . City Attoney'1 Report (a) City Attorney Brotzman reminded Council that they previously discussed property next to Centennial Lake and the purchase of 30 feet of shore buildup. He asked for authorization for S 18,000 for that 30 feet . Council Member Vonnittag asked where the money will come from. City Manager Clark said it will c:omc from fund balance. Council Member Waggoner said he thought we WCR going to try to oblain that whole property. City Attorney Brotzman said he will do a full rcoommendalion to Council, but right now we can't afford the full property. We do need to shore up and take care of the 30 feet. be said. as there is an offer out in Sheridan and there is a request for annexation and thole arc real tentative. He commented that we don't know whal the price will be for the full piece of property. bul right now their asking price is too high. We arc ROI asking to oondcmn II this poinl we arc just simply asking for authoriution to purchase it , he explained. Council Member Waggoner asked if the 30 feel is back in the WIier, because they excavated back about that far. Mr. Brotzman said we'll gel 30 feet dry. City Attorney Brotzman said this will have to come back to them by ordinance for authoriz.ation to go forward. COUNCIL MEMBER VORMllTAG MOVED, AND IT WAS SECONDED, TO LET THE CITY A 1TORNEY AND STAFF AUTHORIZI: THE PURCHASE or THE l8 FEET FOR THE EAST SHORE BUILD UP AT CENTENNIAL LAKE, AND EXPLORE ADJACENT PROPERTIES AS WELL Ayes: Council Members Vormittag. Wiggins, Habenicht, Waggoner, Clapp. Bums Nays: None Motion carried. (b) City Attorney BIUUmln askcd Council if they want to go forward with the E,cecu&jyc Session on April 2s• to discuss a pcnonncl matter. Council Member Vonnittag said that is the one he was talking about where they a>uld do City Manager Clark at the same time. Council Member Wiggins was not in favor ol that . City Attorney Brotzman said they also have May 5• which is I regular Council meeting night, but II that meeting the Study Session is set up for compensation review for the Municipal Coun Judge and the City Attorney. He asked if they want lo add the City Manager to that list . Mayor Bums noted a compensation review is different from a performance evaluation. City Attorney Brotzman said that is right . Mayor Bums commented that lhe have been dillCIISsing thal by the 20111. they lhought they may even have a contract for Cinderella City. City Attorney Brotzman explained that they arc looking II that ICbedulc ' ..... • . • I • • ·, • .. .. 111d rally Pftlliag for May 1• ralher than the io-. He advised that iflhey get ii earlier lhey will get ii OUI IO Council . Council Member Vonniaag asked if Ciry Manager Clart 's evalualion is \'fflJlll or written . Council Member Wiggins advised Iha! ii is an Oflll dilCUSSion rmcw. Council Member Habenicb( llid Mr. Clart is asking for an evalllllioa and Ille does DOI lhinlt ii sboulcl be • that meetiD& but sboulcl come after Iha! meelina. She allo feels lhal for the llleeling on the U-, a1tboup it is between the aanenr six Council 111e1111Jen, Ille would aa 1h11 Ille Cily A11oniey and the Ciry Mua,er miglll be l\'lilable ia cw daey haw: Cllll*iom. Soertl!ing may Qlllle up that we llliglit wanr ro 111k. Ille laid, aad ii would be belp6ai IO haw: them available . Mr. VaraiaasllUdifwemellliltllDdodat ..... 111eJl6,t1im .......... ,....._ dinnatively, ...... lie ....... c-:il Maaber Haliaiic:lil ... ii ...... be Ille c-:il. Council Meaer Habeaidit laid,-. 11111 llaYC paiple lllllldi• by ill cw we llllell infonnatioa . 15 . MjeM I I •. ' ' • • I • • • ·, • .c..t~ ~...l t!-t L--- 1 J-uw ~.c-l~ I~~ --et -~~~ ~te... -t:?t?c::::-t.l~t~...J .' ~~ ~t-n~,..J t!?F ~te.:.-r~-r- C..-r'--;' t-,A,A. , " ~~ . I ~ ..--r"l,J.v;., ?~-(\ D ,.J ,~ (.),.J. _ .. ~,-e~ 4'.fZ. y_ ...-("&J.e;, e>el ~ t..J.b MA...l~e.,-...te:-.J.--c-~ ~~.J. ~~ ~~ t,-l MA.4.LIJ.bt ~6e~ A.JD fM~EMS,-.lT~. .t.kl~ ~t,-,.lbt ~,Cl~t...JG,,. ~~ -r"o A FUU...e-R ..Po-"f"'e..l-ttAL-~L9 ~ fl.L~~c.leo .L.a.l.b ~ Ac:,pt...1{:,. ~o.,-~~ ~ A-<AeMP;,J.-r ~t:?'~l--C-L ~ ,.J w.t-rcJ A.J ,d'J t;;.e.1..J.FL-A--reo ~,l>,,.-t.At:z.V. -E:4'Fo~fv1E.J-r e?F" ~-r'..,.. ~ ~..J 1;,.. ?~ v'toL.A-no..J -l'? ~J6~ "'"("i:;, -1""€ ~~·~ ~--(e,..l..-("1e7,._j, E:-.JFcT~ME:M-r Af.J.D y°O~ Ll'P A~ M t....llMAL. . ?'l'Af==F-,.J.€:e'v'"'"? """('"o ~A-'( e7,.J 'CU~ OJRt~r.. ~,..J 6 ~u~ ~-r-v ~E-ut~s ~t.-P ~s ~ ~,J ?-t-r'-(' ~P'E,e:.y ~"' e,f=F ~Ll~~ . • /Y • . ' • ~ll-ou L...P "1?e AL,L. CC?~ ;f:::.,..l H7~ I ~ve:; ....k,o'(" "R€ C£ ,-.l.~L y. l:;.,V ~ ,J. l F -,-U6-Y ~....l. ~~et? (JJ,..l.iL CAIP7, ....'((ZN;,&.! I we:G'O~ , ..-0~ .-"'("t,U;~~. ( I ,J49t.Jt..0 ~~l:t£--r~ C-Q~ ~~e,.J.-r M~~ ~ ~.t-"!e;,fe.. ~AA=-,-..{&M~ ~d:7tt:7t....Lb o-~ l"1LA ~tzEE-r. L ~<.JLV ~,-.161,e: -ru.,?:. ~LI..JL.t.1--ri:--u~..Jt""'t"e~ C-Qt::='E:, 17€"PAfZ!TM 0.J. T µA.,...LA6Sf:9 i.Jc.:.u.t..v .t-l~ ~e;, ~e -!""~ ~~.,-.1~ t~cJe::, ~u&.~ w t::o~ Vt.i''fE ~ 4-(...L.., ~~ ~ ~~ ~?tD&-lT""7. - ~,.J.c;E~ en,,-~a.o'PM~..,..- ~~E" ~~ME..J.-,- -f'~~ ~ L-Le-(:...-rto,,.J .::::.t.-r'-(' MA "'-',.__G:le:. Me:,.J T" 'P~t""T't D~ ~ ~,..J~~L.-Y. ~t'D ~~M.A~ 4t~t ~. ~--:-~~------ .. . .. .. i • , • • " • ' . . \, • • . . . • . • I ' 0 '32xl . . " ·~ • <. t. ,.. .. ,. • • <. ... crrv MANAGER'S CINDEREUA crrv AC11VrrY REPORI' April 17, 1997 13 (a) • Equitable • Activity: Pwrbw'Stle Agreement Attached is a revised implementation schedule for the Equitable Purchase/Sale Agreement. We are hoping to have a completed draft agreement in City Council's hands in the May 1• agenda packet for study session review on May 5. A September 15 dosing date is still being shown subject to modiftcation by Equitable. Staff Source: Dan Brotzman Activity: 1 em I1D1JWH'tioofi No report since April 7. The press continue to report on Montgomery Wards ' deteriorating financial situation. Staff Source: Doug Clark Actiyity: Enyironmental Qepyp No report since March 28. Staff Source -Doug Clark Meraatlle Actiyity: Men;antile Property Gift 1p City No report since March 28. Staff Source -Doug Clark Activity: Men;antile Enyironmental B@mediation No report since March 28. Staff Source -Doug Clark ' . . .. • , • ·, • • MIiier-Kitcheii Activity: Development Agreement No report since March 28 report. Staff Source -Dan Brotzman, Bob Simpson, or Doug Clark Activity: PUP Submittal ,. As this report is being written (April 16) we have a meeting scheduled with Miller-Kitchell on the afternoon of April 17. We hope to establish where they are at regarding PUD submittal. As reported on April 7, the grading plan has been stalled pending a elevated versus non elevated parking the between Sony Theaters and the RTD station. Staff Source -Bob Simpson or Doug Clark Activity: Tenant Reauitment No report since April 7. NBD was notified by Show Biz Pizza (parent company of Chuck E. Cheese) of their interest to remodel their restaurant. Staff Source -Doug Clark or Bob Simpson Actiyity: Miller-Kitchell fmancial Pro Fonna Miller-Kitchell and City staff are continuing to revise Miller-Kitchell's financial proforma. Staff Source -Doug Clark or Bob Simpson • Rl'D Uglat Rall Statloa Activity: lntergoyemmental Aarwoeot Completed . December, 1996. Staff Source -Chuck Esterly or Bob Simpson • Selbe/KRAVCO Flw AG. Activity: Krayco Sublease No report since April 7. ' ' ' .. • • 0 '32 x l - • • • . . <. EQUITABLE AGREEMENT Targeted Implementation Schedule • May 1 Final draft agreement to City Council • May 5 City Council study session • May 19 First Reading -City/Equitable agreement • May 27 Second Reading (Special City Council meeting) • June 10 Equitable commences environmental cleanup • Sept. 15 Equitable conveys Cinderella City to the City or the City's deSignee . . ... • 0 '32xl • 1. 2 . 3. • AGENDA FOR THE REGULAR MEETING OF HE ENGLEWOOD CITY COUNCIL Call to order. fl: tJ;: r-,- lnvocation. /))~ Pledge of Allegiance.~ 7:30P.M. 4. RollCalt. llib~ 5. Minutes. °tf'/(;-O'· >mn..., &nm ... -Oty Council -of April 7, 1997. (/ ~ 6 . Scheduled Visitors. (Please limit your present.ation to ten minutes.) ff a. Public Hearing to pther citizen input on Paving District No. 38. ~~ 4f1-o ~ Wtt-ffl ,.__.. N,-._. • .....__. ... ....., .............. ..., .. a,elZ' ... ODW)II ............. ...,_.., ...................... ,... .. I· • • .. • (!/JI-!f) /1. Recommendation from the Department of Financial Services to adopt a bill for an ordinance creating a new Chapter in the Englewood Municipal Code establishing a license for Body Piercing Establishments. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. f1jf:-31 ~ II. Recommendation from the Department of Finandal Services to adopt a bill for an ordinance as amended establishing a license for Secondhand Dealers. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. (}h! J,Z /..../Iii. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Thornton for rotomilling services provided in exchange for goods. STAFF SOURCE: Chutes Esterly, Director of Public Worlcs. Recommendation from the Department of Public Works to adopt a bill for an inance as amended approving a e UtiUty. STAFF SOURCE: Charles ~~~l!l"ly,Di~~ic Gib. ~~ /hf~ Rec mendation from the Department f Saf~1ces to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado (./V. Department of Transportation, Office of Transportation Safety for grant funding to encourage the use of seat belts and child restraint systems. STAFF SOURCES: Allan F. Stanley, Director of Safety Services• Sgt. s.n Wmon, Impact Team and Traffic ~- /' JJ.JI::. 31A vi. Recommendation from the Library to adopt a bill for an ordinance approving a LU' t./1 tf AJ.li J /A ~ contract for a food and beverage service ca~~~~~ary. STAFF SOURCE: vr l.f' V Hank Long, Dinctor of Linry Services. · -71/'~ -1) /t Awroval 1 <~tf-~ on Second Reading. of/f ~ ~ Cou,<cil Bill No. 27, approving Southpte Supplement 1130. ii. Council Bill No. 28, approving an Intergovernmental Agreement with the Colorado Water Conservation Board. iii . Council Bill No . 29, creating a new chapter in the Englewood Municipal Code establishing a license for Tattoo Establishments . c . ResolutiOl'.IS and Mot~·ons. ~/;atW.-t i // -/)J I "t-~ . . . 1. ~ommendation Department of Financial Services to adopt a i!MJ.'!iJ_ ...,, .. ion e, . ;ng r.., ro, r-, L-.... STAFF SOUIICH .... Gryslewicz, Director of Financial Services. ,._ _.. If,-...... ......,_. .... amlllry .... ---. ..... ...., .. Cllyel F ' 11•0U-MIIIII ............ ..__., ......... _ ........... ,... • .. I· , • • Gty Council Agendil April 21, 1997 Pqe3 ii . • • Recommendation from the Department of Administrative Services to approve, by motion, the 1997/1998 Office Supply contract. Staff recommends awarding the bid to Corporate Express . STAFF SOURCE: Tom Kenhisnik, Muager of Administrative Operations. • 111 . Recommendation from the Department of Public Works to approve, by motion, the purchase of a Tilt Cab Truck. Staff recommends awarding the bid to Burt '(;-O Chevrolet, the low bidder, in the amount of $32~~ 2. STAFF SOURCE: Charles ~erly, Directqr55Public Wons. ~ , O!, ~ nt-t1«,, . . . ML'tf> ,,,;2.3d / iv. Recommendation from the Department Public Works to approve, by motion, the purchase of a truck mounted hydraulic loader and dump body. Staff recommends awarding the bid to the lowest technically acceptable bidder, Macdonald Equipment Co., in the amount of $39,077.00. STAFF SOURCE: Charles Esterly, Director of Public Wons. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. /Yi..~ gg i. Recommendation from the Department of Neighborhood and Business !.;,LY'" J M. Development to adopt a bill for an ordinance approving a temporary (A_ ~oratorium on permits and licenses in specific industrially zoned areas. STAFF SOURCE: Mark Graham, Neighborhood Development y,ordinator, Office of umiwd2 Ne=atw~~ . . vrrv-b . App~nancesonSecond~:g~), ~ • c. Resolutions and Motions. i. Recommendation from the Department of Neighborhood and Business Development to adopt resolutions approving business development incentives . STAFF SOURCE: Arthur Scibelli, Busi11e11 ~Coordi.,ator, Office of Neighborhood and Businet1 Development. ~ J1!-DResolution approving the First Data Corp. Incentive Agre;re,:t/.J ~ --~<;.J.,::<~ ) ~~~~ the OMNI Incentive Agreement.(/~ Recomm"';f;'J:.i;:;;;t;om ~ Department of Neighborhood and Business Development to adopt a resolution approving the South Broadway Action Plan 12 . f 1997. STAFFSOURCE:MarkGraham, Neghborhood ~JM _ oordinator, Office of Nh and Businell Development. ~V flf fl~'D f>o# D{ General Discussion . Mayor's Choice . • . .. I • .,-------------------------- • • City Council Agenda April21, 1997 Pap4 13 . City Manager's Report. a . Cinderella City Status Report. b. Request fOI' Performance Evaluation. 14. Citya,~'r1'li(~~ ITU,/ fr~ JA-~#ft:!} v~n-~ G)J{r'fl,q . Adjournment. ~ /o~f/J-O ID :a ;...;u,v-v-r, "t-; The following minutes were transmitted to City Council between 04/04/97-04/17/97: • Englewood Board of Adjustment and Appsls meeting of February 12, 1997 • Englewood Public Library Board meeting of March 11 , 1997 • Englewood Water and Sewer Board meeting of March 11, 1997 • Englewood Planning and Zoning Commission meeting of March 18, 1997 • Englewood Downtown Development Authority meeting of February 12, 1997 1 ......... ",.. ................. ....., ..... ·~·· ............ .._. ..................... ,... •• Clr .. 7 J I-·· 1111 • • . .. • 0 f 32 x l • • • C, APPO IMI CLAPP MOVED TO MEND COUNCIL IU NO . 14 TO READ l"*T Wl1lM A 24 MONTH PERIOO WE WILL REaALUATE TO IE£ F THE CITY CAN TAICE ON ADDITIONAL LIAIIILITIES . APPO 9-0 HAIIENICHT MOVED TO MEND COUNCIL 111U. NO . 33 TO ADO THE WORD INDUSTRIAU Y ZONED PROPERTY. APPO 9-0 VORMTTAG MOVED TO LET THE CITY ATTORNEY AND STIIFF AUTHOltlZE THE PUIICHASE OF THE 30 FEET FOlt THE EAST SHORE BUILD UP AT CENTEMML I.NCE (AND E>CPLOIIE ADJACENT PROPERTIES AS WELL) APPO S.1 WAGGONER MOVED TO AUTHOltlZE HAIIENCHT TO ATTEND THE CIA. SNOWMASS VIU.AGE (NAY: WIGGINS) CONFERENCE JUNE 1117 AT A COST NOT TO EXC&O A 11CIIII. APPO S.1 HAIIENICHT MOVED TO APPR011E THE EJCl'ENDITla OF NOT TO 1EX1CEED 1141111 F01t (NAY: WIGGINS) COUNCIL MBaER \IORliflTAG TOE A PMT OF THE DELECMTION F110M ENOl.EWOOO ATTENDING THE ICSC CONFERENCE ---~--~-------------- • - --------~~ IJ;n __ 1 ·~~ t):t:p,,; _ -Q .·14·---- -:2\ .. ~ ~~~-=-'=-------- -3.~jalbf#tt --·---- _-i~wt: _~-----~ I .. ----- ~-~-___ ------- ---- . . • 5. et Ill /9/) /JJlJ ~ • -~-,~---• • f ------.,--,-~--~ - • • • . - 0 I • • . ' . < . . . ' I . . . .,~---~-- 0 I• • '' .. • , -------. ,c • • • 0 • -. . /')--0 ~(j)~~ 54Jn1 ~ ~--~ ~~ -_-_ if (v~?~ ~~~~ /) ~ti~~~ {Jfk 7ilw ,~~~~ ~ M,f/,[hj ~ ~ l{)fJIJ_ (L~-,.,::,0-... 17 AuJJ... m · ~Op'--~,}j:!u ~&W- . - -~({/;;~ - • • . . . • • . . 0 - wt~----------- f~~ . ----- . - ~ ------~ 5)1u)f_ I:-~ ---~ - ------ • • • I . . • , -----. 0 I • . • • . . • • • • . - • 0 1~ • • • •• ---~~--,-----~----:-.. ~ 0 • ------ I • ---- • --~ • 'I •• 1. 2. 3. . " • . . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 21, 1997 7:30P.M. Call to order. 7:t/5~ Invocation . a}~ Pledge of Allesiance . ~ 4. Roll Call. It~ S. Minutes. ,. tJfpl ~-0•· "'•-from the ......... C,tyCouncil ............. 7, 1997.~ 6. Scheduled Visitors. (Please limit yaur ptesentiltic,n to ten minutes.) ff 7. 8 . Non-Scheduled Visitors. (Please limit YoUr l)fe5entiltion to five minutes.) it. jr6.I/~ C06,s.!4)EU_ {r . TlU..t tJt..•s,-etJ Communications, Proclamations, M1d Appointments . •. I • • 0 {JNILJ i. {!N-3( ii. {!,/;IJ.32- iii. ·, • 1,, Recommendation from the Department of Financial Services to adopt a bill fof an ordinance creating a new Chapter in the Englewood Municipal Code establishing a license for Body Piercing Establishments. STAFF SOUICE: frank Cryglewicz, Director of financial Services. Recommendation from the Department of Financial Services to adopt a bill for an ordinance as amended establishing a license for Secondhand Dealers. STAFF SOURCE: frank Cryslewicz, Director of financial Services. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Thornton for rotomilling services provided in exchange for goods. STAFF SOUICE: Cha.tel &terfy, Director of Public Worb. tP~~,/ _ I ""/._/1 iv. Recommendation from the Department of Public Works to adopt a bill for an o,r. 't w--v ordinance as amended approving a~~ U~lity. STAFF SOUICE: Charles Ettertv. Director of Public Worb. ~U//- APPD 1M) ClN"P MOVED TO AMEND COUNCIL NJ. NO. 14 TO 11EAD THAT WITitail A 24 MONTH PERIOD WE WILL RE-EVALUATE TO IEE F THE cnv CAN TAICE ON ADOITIONAL UAIIIUTIES. v. Kecommendat1on trom the Uepartment ot ~tety :»ervices to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado {!,# ,)..fl; Department of Transportation, Office of Transportation Safety for grant funding to encourage the use of seat belts and child restraint systems. ST Aff SOURCES: Allan F. Stanley, Director of Safety Services and Sp. Sam Wmon, hnpact Tam and Traffic Sup 1rvilor. /i1 1 --'--vi. Recommendation from the Library to adopt a bill for an ordinance approving a ~3& (Jl:bi ; __ 0 contract for a food and beveraie service cart for the Library . ST Aff SOU1CE: -.,,,...., Hank l.GIII, Director of l.awy 5eniceL ~ rJpfJ~-ob . ~1~a;;m.lTJJ1h .~ /o{{r)<JJ ri;JrU!iJ tJ?J J. .2..~ i. Council Bill No . 27, approvi,;g ~Supplement 1130. ~j.:;1/J r)'l.J/1= )i ii . iii. Council Bill No. 28 , approving an Intergovernmental Agreement with the Colorado Water Conservation Board. Council Bill No. 29, crealing a new chapter in the Englewood Municipal Code establis~ing a license for Tattoo Establishments. c . Rf~lutions.and Motions. cJ l.-fll lll•Oi/u) !Of.)Vii ) r~~A ,/IE.. C!tJA}~ ll~JJ,# /U}{ld frO l{)/,,O'tJf AA. ,AUAvcJ.:fr~ dJJUJL.~ I{)~ )t!J <i i ) 'f(i 1/j -r r~ i. -at4'l:ommendation from UDepartrnent"' Financial Services to adopt a ~ /I-f resolution establish ing fees for Tattoo Licenses. STAFF SOURCE: frank 0 Cryglewicz, Director of Financial Services. Plwellllll: lf,-.._. • .....,_. ... ...., .......... __._, .. Cllr.,FW, a .. C7U-Ml8111 ............. ..__., ................. .... • . .. .. • I • aty Council Agenda April 21, 1997 Pap3 ii. • • . . Recommendation from the Department of Administrative Services to approve, by motion, the 1997/1998 Office Supply contract. Staff recommends awarding the bid to Corporate Express. STAFF SOURCE: Tom Kenhilnik, Manager of Administrative Operations. Recommendation from the Department of Public Works to approve, by motion, the purchase of a Tilt Cab Truck. Staff recommends awarding the bid to Burt Chevrolet, the low bidder, in the amount of 5AJ~~3~.12. STAFF SOURCE: Charles Esterly, Director of Public Worb. ~ iv. Recommendation from the Department of Public Works to approve, by motion, the purchase of a truck mounted hydraulic loader and dump body. Staff recommends awarding the bid to the lowest technically acceptable bidder, Macdonald Equipment Co., in the amount of $39,077.00. STAFF SOUICE: Charles Esterly, Director of Public Worb. 11 . Regular Agenda. a. Approval of Ordinances on first Reading. i. Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving a temporary {! ff 33 -~f/... moratorium on permits and licenses in specific industrially zoned areas. STAFF tuJ ~ (r-{) SOURCE: Mn Graham, Neipl,orflood ~It Coordinator, Office of Neighborhood and llllinell De,,......._ Wll.l'AV.t4J.r APPD 6-0 HAIIENICHT MOVED TO AMEND COUNCIL Bal. NO . 33 TO ADD TIE WORD INDUSTRW.L Y ZONED PROPE~: Approval of Ordinances on Second Reading. g c. Resolutions and Motions. i. Recommendation from the Department of Neighborhood and Business Development to adopt resolutions ~oving business development incentives. STAFF SOUICE: Arthlw Scibeli, .__ Cannunity Coordinator, Office of Neighborhood and IUlinell Dnelopment. /!J.48.;l-t/-9 flppJ frO (1 I Resolution approving the First Data Corp. Incentive Agreement. t)~ ~ appl frO (21 Resolution approving the OMNI Incentive Agreement. (/~ ii . Recommendation from the Department of Neighborhood and Business (), ~ iJ / 11 ~ j I . Development to adopt a resolution approving the South Broadway Action Plan /<UJ(Ytr 5 ,.,.,,,-v-0 of 1997. STAFF SOURCE: Mark Graham, Neighborhood Dnelopnlent Coordinator, Office of Neipl,orflood and llllinell De,,elapment. tu,.p- 12. General Discussion . a . Mayor's Choice. b . Council M ..... ~· rhnirP lll'f'O !!.......) ~~ ~ T_,o AUTHOIIIZE HUENICHT TOATTIND THE C11L IN0\111 .. 111111.1AGE ---------(NA,Y:-_..._._.__ t ATACOITNOTTOIXCIE>Afta. APPD ~t HAIENICHT MOVaD TO APPIIOIIE THE IJCNNIJln. 0# NOT TO DICUD ftGI FOIi (NAY:~) COUNCIL....a WMITTAG TO• A NRTO, THE DELEGATION MOMINOLIWOOO ATTENDNI THI IC8C cow111111ca. .. . , , City Council Agenda April 21, 1997 Page4 13 . City Manager's Report, a. Cinderella City Status Report. <, b. Request for Performance Evaluation. . .. • 14. Citv Attorney's Report. APPD e.o \IORMITTAG MOVED TO LET THE CITY ATTORNEY AND STAFF AUTHORIZE THE PURCHASE OF THE 311 FEET FOR THE EAST SHORE 9U1LD UP AT CENTaNAL LAICE (AND EXPLORE ADJACENT PROP£RTIES AS WELL) ~():/)~ The following minutes were transmitted to City Council between 04l04/97-04/17/97: • Englewood Board of AdjUSlment and Appeals meeting of February 12, 1997 • Englewood Public Library Board meeting of Mardi 11, 1997 • Englewood w~ and Sewer Board meeting of Mardi 11, 1997 • Englewood Planning and Zoning Commission meeting of March 18, 1997 • Englewood Downtown Development Authority meeting of February 12, 1997 \ r , .......... ,.. ..... ...., .. ............. .._. ..... .... , • e, 10Dtllta1 I . , • • 0 • · ... • <. ,._ PUBLIC COMMENT ROSTER DATE: APRIL 21, 1N7 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. . . •, • -,._ I PLEASE PRINT NAIIE • . .. • • • i. ·~ • ~- CITY OF ENGLEWOOD PUBLIC HEARING ROSTER APRIL 21, 1117 AGENDA ITEM NO. 9 a 1 P' PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON PAVING DIUIIICT NO. 31 PLEASE PRINT MP ADDRESS ' ' • - ' .. • I -----------------------. 1 . 2. 3. 4. 5. • • <. AGENDA FOR THE REGULAR MEETING OF . THE ENGLEWOOD CITY COUNCIL )~~ ()lAfJ'fl ~ ~~qla'> ¥,· MONDAY, APRIL21, 1997 7:30P.M. Call to order. 'l~~ -- Invocation. !)} llfr Pledge of Allegiance. ~ RollCall. if~ Minutes. dfpl ~-0•· M;n...,...., ............ Coty Council -ol Aptl 7, 1997.~ 6. Scheduled Visitors. (Please limit yow presentation to ten minutes.) ff 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) a.. jTI.JI~ C~U-4.- {;-. 1U.~I /)US.,-e.tJ 8. Communications, Procl.unations, ind Appointments. ~ . '-"""' uu.-; ............ _ ....... a-. c-.""'""'"" ."-~ .. ,;c =~:~ :;,-o u~ A/VU t£ df't-~.1w,, a . Public Hearing to gather citizen input on Pavins Oismct No. 38. ,2 tJ. /7/ ~~ ~le-- Of,d &-o ()~~-6-eh.L..~~ .. • , • ·, - '· City Council Agenm =:1 • 1997 {!,LA.PP /!_f:A()/Jft-P /O(tt.') fv) r~ Tlf~ r!.AJJ$!:IJ1 A4F-AJIA ;./4f,6o,;U ~N.OP/llJ IO~')(jt)f~N 1HE-~JJ$/Jr lf~foA/44 10. Coc,sent~~ ~ /O(!..)C!':J {j;) (/;) ~(_ti) f/Jf1lrO u~proval of Ordi~t~ I J {]/fl: ff!) i. ~31 ii. ~/1:-jJ... iii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance creating a new Chapter in the Englewood Municipal Code establishing a license for Body Piercing Establishments. STAFF SOURCE: Frank Cryglewicz, Director of Financial Services. Recommendation from the Department of Financial Services to adopt a bill for an ordinance as amended establishing a license for Secondhand Dealers. STAFF SOURCE: Frank Cryglewicz, Director of Financial Services. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Thornton for rotomilling services provided in exchange for goods. STAFF SOURCE: Charles Esterly, Director of Public Works. fp~~,/ _ t "J _ _J) iv. Recommendation from the Department of Public Works to adopt a bill for an o,r. 't ,r-v ordinance as amended approving a ~opaJ!te U!!lity . STAFF SOURCE: Charles Esterlv. Director of Public Works. ~k'f/f- APPO 1M1 CIN'P MOVED TO AMEND COUNCIL IIIU. NO. 14 TO ltEAD THAT WITHIN A 24 MONTH PERIOO WE WILL RE..£VALUATE TO SEE ff THE CITY CAN TAICE ON ADOITlONAL UAIIIUT1ES . v. Kecommendat1on trom the Department ot ~ :>ervices to adopt a bill for an • · ordinance approving an Intergovernmental Agreement with the Colorado {!,N .J.,~ Department of Transportation, Office of Transportation Safety for grant funding to encourage the use of seat belts and child restraint systems. STAFF SOURCES: Allan F. Stanley, Director of Safety Services and Sgt. Sam Watson, Impact Team and Traffic s..e,vilor. vi. Recommendation from the Library to adopt a bill for an ordinance approving a ~ 1 ~ fl~ l.-0 contract for a food and beverap service cart for the Library. STAFF SOURCE: ~ ~q Ha Lona, Diredar of l.lnry Senices. ~ tlpfl{;-ob. ~1~~~"1-J~ ~ /o{t,..)o)otJr0iJ ~ J .1..~ i. Council Bill No. 27, approvi~g ~Supplement 1130. ii. Council Bill No. 28, approving an Intergovernmental Agreement with the Colorado Water Conservation Board. iii. Council Bill No. 29, creating a new chapter in the Englewood Municipal Code establis!,ing a license for Tattoo Establishments. c. R~lutions.and Motions. ~U'/ t/lMDl/uJ !Ot,)(Jii) UIA r#E.... t!tJ~ A~A,# IU){uJ ~-0 L()/A'QrNJ. ,~,tocJ.:{r~ /JJJu.JL~ I{)~ )cl) c i;) v-(ill) • V r r.. i. -i~mendation from iVDepartment"' FiNncial Services to adopt a IJ .. -//;. 1 f (l resolution establishing fees for Tattoo Licenses. STAFF SOUICE: Frank KJ,M 't O Crypewicz, Director of Financial Services. . . I ... l:ity Council Agenda April 21, 1997 Paael ii. • ·, • (. Recommendation from the Department of Administrative Services to approve, by motion, the 1997/1998 Office Supply contract. Staff recommends awarding the bid to Corporate Express. STAFF SOURCE: Tom Kenhilnik, Manager of ~inistrative Operations. Recommendation from the Department of Public Works to approve, by motion, the purchase of a TIit Cab Truck. Staff recommends awarding the bid to Burt Chevrolet, the low bidder, in the amount of $3~,739.12. STAFF SOURCE: Charles Esterly, Director of Public Worlcs. ~ iv . Recommendation from the Department of Public Worl<s to approve, by motion, the purchase of a truck mounted hydraulic loader and dump body. Staff recommends awarding the bid to the lowest technically acceptable bidder, Macdonald Equipment Co., in the amount of $39,077.00. STAFF SOURCE: Charles Esterly, Director of Public Worlcs. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Recommendation from the Department of Neighborhood and Business 1 Development to adopt a bill for an ordinance approving a temporary (! f,/f 33 -~fa. moratorium on permits and licenses in specific industrially zoned areas. STAFF tUJ ~ {rO SOURCE: Man Graham, Neighborhood ~ Coordinator, Office of Neighborhood md Bllliness Development. W-,UJ'Av.,,'J r APPO S-0 HABENICHT MOVED TO AMEND COUNCIL 811.L NO . 33 TO ADD THE WORD INDUSTRIALLY ZONE6' • PROPERTY. b . c . Approval of Ordinances on Second Reading. g Resolutions and Motions. i. Recommendation from the Department of Neighborhood and Business Development to adopt resolutions approving business development incentives. STAFF SOUICE: Arthur Scibelli, ...._ Community Coordinator, Office of Neighborhood md ...._ De. 1lop!Mlll. ~t./-9 tlppl 1,-0 (1) Resolution approving the First Dag Corp. Incentive Agreement. t(~ ~ app' (,-0 (2) Resolution approving the OMNI Incentive Agreement. /)~ ii. Recommendation from the Department of Neighborhood and Business /). ... Ji Development to adopt a resolution approving the South Broadway Action Plan K,Mt:rrr 5 / tJfPI lrO of 1997. STAFF SOURCE: Man Graham. Neipbomood Deulapmmt Coordinator, Office of Neip,borhood and...._. Dft1lapma1t. tt.,,.}L- 12 . General Discussion. a. Mayor's Choice. b. Council M•mh.rc' ("hnirP. APPO ~1 WCONl'AGGONERER•-~ TO AUTHORIZE HMENICHT TO ATTEND THE Cflol. INOtf.U, 11 1111..1.AGI ------:::---:::::=~(NAY: WIGQINS) ,__ -1117 A_T A COaT NOT TO 1XCUD A 11oaa. __ APPD ~t HAIIENICHT MOVED TO APPROVE THE llCPINDITUIII 0, NOT TO IXCIID ltG POR (NAY: WIGGINS) COUNCIL MBoaER IIORMTTAG TO II A !WIT 0, THE 0.UGATION PROM INGLIWOQO ATTENOINO THE ICIC CONl'UENCI . .. I .. • City c-il Apnda April 21, 19'7 ,., 13. Oty Manap"s Report. a. Cinderella City Status Report. . " • b. Request for Performance Evaluation. ,.. 14. Otv Aaomev's Report. APPD M WIIIIIITTAO 1GVED TO~ 1HE CITY ATTOIINRY AND STltff AUT1tOIIIZE THE f'UIICHAIIE OI THE 311 FUT POil 1NI EAIT IHCIIIE MJII.D Wt AT CENfftNM. I.MCE CAND ElCPU)IE ADMIC8fT P9ICIPEN ... All WELL) ~():()~ The following minUb!S were transmitted to City Council between ~7-04'17/97: • Englewood Board of Adjustment and Appeals meeting of February 12, 1997 • Englewood Public Library Board meeting of March 11, 1997 • Englewood Watt/Jr and Sewer Board meeting of March 11, 1997 • Englewood Planning and Zoning Commission meeting of March 18, 1997 • Englewood Downtown Development Authority meeting of February 12, 1997 ' . ' ' •. • • !• • ~--21'~ ~1'"'~" ,~ """1 l))ol Hello -My name is Terri Olmsted and I am a homeowner, resident and tax payer in the City of Englewood. I am here tonight to address a situation which occurred last week outside of my home at 4701 South Elati Street. I had tried for 2 weeks to get a porta potty left behind by the construction company performing the gas line repairs, (KR Swerclfeger Construction - Pueblo/Public Service Company}, picked up as the work was done and the crews were gone. The porta potty was not picked up and on Wednesday, April 16th was tipped over in the night causing the contents to spill out into the street & gutter. This human waste ran down the gutter and puddled up at the corner of Elati & Union which is the entire length of my property. To make matters worse -it was directly across from Clayton Elementary so children had to walk past, around or through this mess do go to school and smell it w hil e out at recess. I phoned Waste Ma nagement (4 27-6200) at 7:30 am T hursday, April 17th t o report t h e prob le m. They t hanked me for calling and said they would get t he potty picked u p and t he waste cleaned up. I also know of three other neighbors w ho called t hroughout t he day regarding this problem . Nothing was do e h ursday and messages left on their answering service were eve r et med . On Friday m o rnin g I again contacted Waste Management as well as Leigh An n at t he C lty Managers Office to report this problem. She notified C hris O lso n (:Je puty City Manager) who contacted Waste Management. C ri s gua a teed _ei g h An n who in turn guaranteed me that the problem wo Id be aKe ca e of Friday. As of t he noon hour when my roommate Ea rl y ne in.e rs came home f or lunch the mess was still there . I again contacted ... e 1g Ann who contacted Chris who guaranteed me that it would be gone bef ore the weekend. When Eartyne arrived home at 4 :00 still no c ean up and you can imagine the smell with such warm weather. I left a message for Leigh Ann at 4:30 but she had already gone home. S ue returned y ca ll but I had left my office to get home and work on this. A lso d u · ng t h e d ay I made phone calls to Waste Management who gave me t he run a rou nd the first call, promised to have it cleaned up by the end of t he d ay t he second call, and during the third and last call when I asked to spea k t o t e manager who I was told was ·chns· put me through to his vo ice ma i l. I called back to customer assistance and they had to act as a essenger between me and Chris as he would not come to the phone but co d be , e a rd in t he background laughing as he promised clean up . I .. .,, • • • Leigh Ann had given me an after hours number to call if I needed to get hold of Code Enforcement. Earlyne called this number at 5 :30 and got hold of a very rude "#512" who informed her this was the police dept. and she did not know if she could get hold of anyone. I promptly drove down to t he police station and demanded to speak with someone. They sent out Sergeant Silby to speak with me, he took down some information and said he would look into it. Shortly after I arrived home Scott Thompson showed up and reviewed the situation agreeing that it was a health hazard and a mess. He called the fire department who agreed to come flush the gutter. They then called him back and informed him it was a health hazard and couldn't be flushed down th e storm drains. He also indicated that Waste Management had spoken w ith Kraig Stovall (Battalion Chief) and said t he mess would be c leaned p by 10:00 pm Friday night but the porta potty could not be picked p ntil M onday. He sa id if it was not done by 10:00 t o call Kraig and e wo Id ave azm at do the c lea n up an d back c harge Waste Management. At abo •t 9 :30 a :r ck backed p to he po rta potty with it's a ilgat e down, hit the po · a potty k ockin g it into th e ru ck, pu shed it in and speed off leav ing all th e mess behind . I called Kraig Stova ll and reported the clean p • 2d o occ rred but th e porta potty was g one. Saturday m o rnin g -Day 3 -I called the fire department, Stovall was off but th ey sa id th e y ad d ri ven by and noticed the cleanup had not taken p acs and were trying to contact Waste Management but did not know if a ything w o uld happen over the weekend . When asked if they were going to se nd azmat to perform the clean up I was told that even though it was con s idered a hazard and could not be flushed down the storm drain, it rea lly was ot a health hazard warranting Hazmat cleanup. They gave e e mbe of th e Wast e Ma n agement person w ho was handling t he ma er -e orge ohnson at 979-2799. I again pho ned t he after hours u be r and as ked to have Scott Thompson paged I was informed that he was not on call and they could not page him without permission from the sergeant on d uty. I become extremely angry and told them I wanted Scott ca ll ed and it .was now time to take matters into my own hands including calling a d filin g a f orm a l complaint with the State Health officials against Waste M anagement as well as t he City of Englewood. • • • ... Leigh Ann had given me an after hours number to call if I needed to get hold of Code Enforcement. Earlyne called this number at 5:30 and got hold of a very rude "#512" who informed her this was the police dept. and she did not know if she could get hold of anyone . I promptly drove down to t he police station and demanded to speak with someone. They sent out Sergeant Silby to speak with me, he took down some information and said he would look into it. Shortly after I arrived home Scott Thompson showed up and reviewed the situatio n agreeing that it was a health hazard and a mess. He called the fire department who agreed to come flush the gutter. They then called him back and informed him it was a health hazard and couldn't be flushed down th e storm drains. He also indicated that Waste Management had spoken w ith Kraig Stovall (Battalion Chief) and said t he mess would be c leaned p by 10:00 pm Friday night but t he porta potty could not be picked p until Mon day. He said if it was not done by 10:00 t o call Kraig a nd e wo Id · ave Hazmat do the c lea n up a nd back c harge Waste Manage ent. At abo t ·30 a ~ c . backed p to 6 he porta potty wit it's aii gat e dow , hit the po a ::,crty ,< ock in g it into th e t ruck, pu shed it in a nd s peed off leavin g a ll he ess beh ind . I called Kraig St ova ll and repo rt ed th e clean p ad o occurred but th e porta potty was gone. Saturday oming -Day 3 -I ca ll ed the fire departm ent, Stovall was off but t ey said t ey ad driven by and noticed t he clean up had not take n p aca ar.o w e re trying o co ntact Waste Management but did not know if a yt ing w o uld appen over the weekend. When asked if they were goi ng o s e nd azmat to perform the clean up I was told that even though it was cc s idered a hazard and could not be flushed down the storm drain , it rea lly was ot a ealth hazard warranting Hazmat cleanup . They gave e ·he be of the Waste Management person wh o was andling the ma er -e orge ohn son at 979-2799. I aga in pho ned t he after hours nu ber a d asked t o have Scott Thompson paged I was informed that he w as not on ca ll and they could not page him without permission from the se rgea nt o n d uty . I become extremely angry and told them I wanted Scott ca ll ed and it .was now time to take matters into my own hands including calling a d filing a f ormal complaint with the State Health officials against Wast e Ma nagement as well as t he City of Englewood. . .... ...... • . t • • • ·~ '',, Ear1yne then called George Johnson with Waste Management reaching his wife. She told us that George was not available at that moment but she would pass on the information. Earlyne relayed the problem to her and she said she would make George aware that the clean up did not taken place as promised. She also mentioned that this was not George's area but he would notify the proper people. In the meantime the police dispatched a sergeant (who's name I have misplaced) to speak with me. He made phone calls after reviewing my information and also a personal visit to Waste Management office on nion o ens re at t he clean up would take place. Finally, at about noon on Saturd ay one person showed up to clean up the mess. This was the ·crew" t hey ad to assemble to handle the problem -1 guy. My questions to yo , the City Council of Englewood, is why this was a llowed t o d rag o f or 3 days? Would yo like yo r ids or grand kids to have to walk through or pat this type of ess to get to school and put up with the odor while at recess? W y as ode E. forcement not able to correct the situation and now are ot s e w · at if a ny citations they can or will file against Waste Man ageme t c e company who had ordered the porta potty? They s ure are 'o n y o e spot if a weed grows over S-according to many of m y eighbors a nd am sure after thia complaint will watch me like a hawk. I believe this to be a serious situation and I allo believe the chancea of th is appening t o be greater than you might think. I am ere t onight pursuing this issue with you, will continue to pursue it with the City of Englewood, Waste Management. the Tri-County Health Department, and the State Health Department. I • preparing flyers to notify my fe ll ow residences of Englewood of thia problem. W hat will yo d o? • • ' ~ . ~- ... • . . . . .. ; • , ' , '· . "' .. • ' -. ·.• Jc ~ (z.d:: ~d7L 7i ~~ _2'k fe() L& 7U~ ~-(b;;.u_ ":zl'~ ~. )VhJ.£ ,a', ~ ,t4,d .,, 2;;....L 54;,1 ~~ 4~ ~,_; /LY c:;,L j.v., 7V.L f(.uA ,h ~ @......,,~.4.\ ~~ /~ ~ ~-d/ ~ ~ .t7 ~{A/ a ~n~ t!2Kd1 /a:u.L ~.?U ~ .ft-L ~. ~~,L,u,£, 4Y~. c::,J',idu .L.4 .$14j7 /,j~ ~ ,0.dz.;..u,. ~7G,= /µJ~r ~ ~t-k :1-/ •. . . . • .... . ' 0 ----------. • • ,. ~i="C:~ ~l"'nO,u c::::...~ IIA-4 t '4\ ~Eifii::.. . e;;,,::: ~ t 45,.T .A,.J-r I ~ ---<~ "f?'~-r'\oJ t~ u,.J.-.,14!:&-£6!!:•.tz.Y-.....('ue, ex'l~c~ M.6....iA<..set,..tE:-,.J.-r ~ ~~,..l. ~,ce. E::~ t...l M~...list ~•~6-e,, A.,..J o f fl.A Pre.c,.J,e M & ..J.,-~ . ,tkl l,..l Z: C ,J bf ~,Ct~t..J ~ ~.6...FF -f"'o A Ft..fLl.-E'R., -PD--'!°'E;.,.l-t'j Art-6'J.ot.14;:;, ~ fll.,eS,UE'Q .L.alb ~ At,bc...L&. A+.lo-r~Sll: ~~eMe.J.-r ~O"~t-rto,u WLTc.l. A..J dJESc::..1,..J.F.....,._~ec:> ~ .... £..A.ti:z.V. -E:..1-~ME.J.r e1F ~-,, ~ LJ.u.e-...1 la,. ~O"'PE: v', ~'-.6.-n •"1 .J.t:.;, ~u6 ,U,-1' --r ~ -1""'€ ~ 1'-f' ·~ . """-<e,..1.-nt:7-1, e:JFi:712ucM~-r A..Jt;, ¥°0~ Ll,p A~ ll,.,{f,JlM.,4L-, - P'C.AF'F-..!€,e~ .-,:-.,. fr(A.'-( cr..i ~ <?JR-t....1c.. ~,.J(:, Mou~ c::::t"1""'(' ""E.u.-t~ ~l-P "l'S ~..J .:::...-ry ~P\sit.,y c-..i o~ HOLi~. .. . " • ' . . ' At.,t_.. c;:::..t?~ ~Fo~, u..J~ ~ ~ ce ,-.l.-<LY. ~.tl-e7u t...t7 ~ ~v~,J, tF-. -rue,Y ~"1. ~~ev (JJ,..l&L c..A'P7, ~ I '-"1E:~~ ' .....Oc:;A.o .-'("iZ,.G~~. (' J61<JL..O ~~l:tE -ru-e.. CQ~ ~1'.;(&j."f"' ~~~ ~ ~.t--Ct91Z-~ ~6M~ '1Q::;~l't7t....le. o-....t. l"""1LA ~tzEE-r' t ~c.JL!D ~,J.&£ -ru.-e. ~-t"-t' t:::Ze7u..J.Lt.1.. -r~ MD....tt""t"e ta=... --1'"~ C-t7~ ""Ve'PA,f2!TM e,..l "r M 4.., J f rfz&R-) ~ L-lfLE. Fo~1~f:::I L~t,Jee, W t:o~ V~""1"E ~ ~ -e...l.bt..e-~~ ~~~T'~. CA...lc:E~ ~ ~El..o'FMe,..l-r c...-,...L~E ~. At:EME...n- -t"~...t. ~4-.E L-rto,.J ~i-r-""1"' MAr"AtGseMe:,..lT' ~Ol&t-rto..J~ ~,-ice~t...Y. ~t 'D ...-r"a..&,oM.,A~ .. • I • • • • • (. ENGLEWOOD crrv COUNCll. ENGLEWOOD, AllAPABOI COUNTY, COLORADO A,rt1 7, 1"7 I . Call .. °'*" Tbe n,plar meeliag ~die ........ City ec.cil -called ID order by Mayor 8mm • 7:40 p.m. 2 .......... Tbe ilMIC:llioa wa gi\'CII by Couacil Member Wiggins. 3. Pllll,etlAlep- Tbe Pled,e ~ Allcgiuce -led by Mayor Bums. Pn:leot: Alleeat: Couacil Members Clapp. WigiM, fflbeaiclll. Vormiaag, Waaoner, Bums Nooe A quorum -pracnt. IClatt 's DIiie: Tbe Dillria I Couacil .. ii VacaM dae ID die NCall ~ Couacil Member Hallaway by a majority ~ die wae • die~ 14, 1997 Recall Eleclioa.l 5 ....... (a) COUNCll. lllDIRll VGaOn'AG IIOYD. AND rr WAS SKONDD, TO Al'PllOVI: TID IIIDl1J1'a 01' T1D UGUI.All llDTING CW 111Aaa117, 1"7. Moliaa carried. A,-: Cauacil Mlllllllln v......, Wlaia, 11111 lctit, w...,._, Clapp, .... Nays : Noac 6 . Scll It I f Vllllerl 5 A • • • Ea&tewood City Council April 7, 1997 Pasel 7. NIIIHClleduled Viatan • • (a) David Compton. Englewood Tn,op 92, llaled that for a long time their lnlOp bas been using Ccntcnnial Park Lake for their sprina caoc llailliq. He noted tbat basically the policy bas been if they clean it up Ibey can use it. He said Ibey -11C111daing if Council ~ agreed to allow tbem to use the lake again this spring. Mayor Bums Slaled lhal be lhougbt 11111 -ia Ille bads of the Pans and Recreaaioa l>epu1lmnl. Couacil Member Wiggins aoted they bave claac this bd'arc. alllloup the lnlOp master IIIUll come forward with an insmance policy that Q1\ICII cverytlling UMIMII. This bas been done in the pall llld Council bas approved it. He advised Mr. Complnn to c:beck with his ICOUt muta and have him come forward with the proper fonm . Mr. Compton COIIIIIICllled that there is a little sign up there that says this lake is sponsored by Troop 92 . Council Member Wiggins noted it aJUld well be. Mayor Bums said be thought Council Member Wiggins was right 111d be advised Mr. Compton to check with his scout master and make sure be hu the pn,pcr paper wort . Mayor Bums be clocsn 't sec where they would be a problem with it. Couacil Member Vormittq llaled be fdt Ibey aauldjult lcl Direclor Jenell Bladt handle it more or less 111d make sure they do have the conec:t paper wort . Mayor Bums noted lhal Parks 111d Rec:raliaD Dua:tor .lcndl Black wu in the back oftbe room 111d that be could assist Mr. Compton in aJOnWllliag lllil. Council Member Habenicht Slaled thaa Ille WWII to ~innll this young man . She poinled out that this tnJop hu IClll an aml.w•mw to aa b llliF IDd • it in motion ~ year. Ml. Habcnicbt COllllDCllled that this young man bas bad Ille ...... audience to deal with. 8 . (a) A pn,damaiion dcclarilla die alllldl ol April, 1997 • Fair Housing~ in the City of Englewood -COlllidcnld . COUNCO. MEMaEa llillENICBT MOVED, AND rr WAS SECONDED, TO PROCLAIM TIR MONTH OF APlllL, 1'97 AS FAlll HOUSING MONTH IN TIR CITY OF IENGUWOOD. Motion carried. (b) oonsidcrcd. Ayes : Council Mellllen Vormittq, Wigial. Habeaicbt. Wagoacr, Clapp, Burns Nays : NoM A proctamaiion declarilla April II. 1997 a Albor Day in the City olEDpwood wu COUNCO. MIMalEa WAGGONU MOYD, AND rr WAS SECONDO, TO PllOCLAIM APRIL II. 1"7 AS AllaOR DAY IN TBS CITY OJ ENGUWOOD. .1 .. ..,; I· I ------------------~--,.--------------------------:- • Eapewood City Couacil April 7, 1997 Pqel • • Ayes : Council Members Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None Molion carried. Mayor Bums ,-ented the proclamation to Golf Course Superinleodent ~ Lee . Mr. Lee invited Couocil and citi7.cns to the Arbor Day Festivities on April 11• from I :00 p .m . to 3 :00 p .m . at Cushing Part. (c) A proclamation declaring the week of April 13 through April 19. 1997 as National Library Week in the City of Englewood was considered . • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK or APRIL IJ THROUGH APRIL 19, 1997 AS NATIONAL LDRARY WEEK IN THE CITY or ENGLEWOOD. Motion carried. Ayes : Council Members Vonnittag, Wiggins. Habenicht. Waggoner. Clapp, Bums Nays : None Mayor Bums presented the proclamation to Library Services Dim:tor Hank Long. Director Long invited everyone to all the wonderful festivities during National Library Week . He stated that John Fielder. DOied photographer and author. will be here. (d) A proclamation clcclaring the week of April 13 through April 19, 1997 as Crime Victims ' Rights Week in the City ofEnglewood was consiclered. COUNCIL MEMSD VOllMl1TAG MOYD, AND IT WAS SECONDED, TO PROCLAIM THE WEEK or APRIL 13 THROUGH Al'IUL ... 1"7 AS CIUME VICTIMS' RIGHTS WEEK IN TBE CITY or ENGLEWOOD. Molion canied. Ayes : Couocil Mclllben Vonaiaq. Wigins. Habenic:bt, Wagoner. Clapp • ... Nays : Nc,- (c) A pmdeeetioa declarilta die week of April 13 IMll!lh April 19. 1997 as Englewood Tckrnmwenicaeon Wes ia tllc City of Englewood. COUNCD.. IIDINII WAGGONER MOYD, AND IT WAS S&CONN9. 10 PllOCLADI TIO WED CW APRIL 13, 1"7 THROUGH Al'IUL It, 1"7 AS PGUW009 ftUCOIOltlNICATOIIS WDK IN TIO CffY or INGUW009. A,a: Council Members Vonaiaaa, WiaiM, Uni ·ctr w.....-. Clapp, Bums Nays: None Ma,w a.r.,....... 111e pmdeeetion io Safely Scmca ca-.. · ••• .,, • ......, .. AadRMI. I· -----------------------c.c------------------------------- • Enctewood City C1N1ncll April 7, 1997 Pa~4 0 t • • (f) COUNCll.. MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH DEEP REGRET HENRY GALLERER'S LE'ITER OF RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMISSION. Council Member Vonnittag staled thal Mr. Galleher has worked very hard on lhe Clean. Green and Proud Commission. Mayor Bums commented that he was also sorry to see Mr. Galleher resign, that he was a very dedicated member and we JQlly appreciate his services. Ayes: Council Members Vonnittag, Wiggins, Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. 9 . Public Hearin& (a) COUNCll.. MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC BEARING TO GATHER CITIZEN INPUT ON THE PROPOSED CONCRETE UTILITY. Ayes: Council Members Vonnittag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing opened. All testimony was given under oath . Public Works Director Esterly presented Proof of Publication of Notice of Public Hearing which was published on March 6. 1997 and March 20. 1997 in lhe Englewood Herald. He DOied that this is a projecl we have been working on for a large number of years . Several years ago Council embarked upon a program to upgrade lhe appearance of lhe City and that included a program that identified deficient concrete throughout lhe City. He explained that maintenance of concrete. within lhe public right-of-way in lhe City of Englewood. is currenlly lhe responsibility of lhe adjacent property owners . A large number of properties wen: identified as we went through lhe process of trying to upgrade lhe sySlelll in the City. He DOied that lhe magnitude of the problem -such that lhe City created a series of special impn,mnent districts just to deal with lhe concerns. Director ESICrly pointed out that these dililricts were not formed without considerable discussion and Council committed. during the formation of those dislricts. to look for a bencr way to maintain concrete throughout the City. Maintenance of concrete, panicularly infrastructure concrete. is lhe responsibility of the City and it will remain that way . Also. he noted, the City is looking at assuming 70-/o of lhe 5CICOlldary frontaga throughout the City. He pointed out that in talking about lhe City assuming that responsibility. that that would be assumed with General Fund money that is collected through taxes. The infrulluctuR concrac that the City would be responsible for consists of curb returns at iniersections, cross pans at streets and alleys that are used for drainage. alleys that are concreie paved. lhe entrances to alleys that are concrete and the concrete that is IIIOcialed with storm water improvements. plus the 70% of lCICOlldary frootagea that go with the resident's properties throughout lhe City. The combined replacement value of both public and private concrete throughout the City is estimated to be 42 .6 million dollars right now . Under the praent sy11em. Public Works periodically develops a list of subMaodml concrete and we fonward dull lill on to City Council. Council. he said. nonnally authorizes lhe mailing of demand lettcn or 1111)' COlllider the fOl'lllllion of a special improvement district . TIie present system has WOfbd ,-ably well for many years as the concrac in lhe residential and commen:ial neighborhoods of Enpewood has been abjec:tMly maintained in p,od I· 0 • En&fewood City Council April 7, 1997 Page5 0 • condition. Director Esterly stated that the principal disadvantage of the current system is that, CX1cDded payment plans notwithstanding. pn,pcrty owners arc liable for some very costly repairs. He pointed out that mqucnlly those repairs are demanded at a time that's not of the property owners desire . Director Esterly stated that the Dcpanmcnt of Public Works is proposing replacement of the current system with a Concrete Utility . Under this program the property owners participate by paying an annual fee . The proposed program provides property owners with the advantages of basically a concrete savings plan in the event that their concrete deteriorates to the point where it must be replaced in the future . The Concrete Utility Program includes an opt out provision. a provision where somebody could clea not to be part of the utility. He stalCd that a pn,pcrty owner could choose not to participate in the program at all . They retain the option of buying their way back into the program at a future date if they choose. The opt out provision docs not relieve the property owners of financial responsibility for maintaining their concrctc in front of their properties. Director Esterly noted that they have recommended a program that basically assesses folks based on square footage of concrete cwb, gutter and sidewalk in front of their properties. He explained that they are proposing that the utility program be implemented and administered by the Public Work Dcpanmcnt with collection assistance from the Financ;c Dcpanmcnt, City Attorney 's Office and the Utilities Dcpanmcnt as they have methods in place . There are approximately 11 ,000 properties in the City of Englewood and they sent out mailings to 9 ,651 individual property owners. About 300 of those, just about 3%. were returned as undeliverable . He advised that they received. during the few weeks since they sent out that notice. about I 08 phone calls . Director Esterly stated that 36% of those phone calls were in favor oftbc utility and 2 w. were opposed to the utility, 439/e were interested in more information and were basically uncommitted as to being in favor or opposed to the utility . They also received only S lcttcrs. 3 in fnor. I opposed and I uncommitted. He advised that they have documented all of the phone calls they bavc received over time, and if any one on Council would like to receive the comments they can provide that. Dircc:tor Esterly noted they have a handout that is available to anyone in the audience and Council has also received all of that information. He stated that the schedule for this program is that Council reviewed a dnft proposal at a Study Session on December 9 ... on March 3"' they presented a ordinance 11111 Id the dale for this public hearing. He advised that should they proceed with the formation of the utility. ud if the ordinance is in full force and cfl'ea by June 8"'. billings for this program would begin July I. 1997. He noted there is information in the handout that includes the flyers that they mailed OUI to everybody . He pointed out that there is a phone number at the bottom of the page that they mailed OUI to everybody . If they need mon: information they can call his office at 762-2507. If people have particular qtlClliNI about what their financial obligation might be under this utility. they can call that number IDd we CIII pvc them an Cl1itnalc of what their fees would be 11 this point in time. Of course. he IIOICd. iflllen: is aay dispute abolll thoae fees in the fulun:, if they would go into effect. this would be the same afflce LIiey ~ need to talk to . Director Estcrly commented that there is also a picture in the .-:bF dial shows whal ddrerent kinds of c:oncn:tc cwb, gutter and sidewalk cxiSIS around the City IDd 11111 illfonnalion is available to the public. On the back side of that there is another illllltlltion thal shows what the City coauibution is for comer properties. So, he said. in addition 10 the words 1h11 go aJona with 11111 then: is a piclwe that talks about thal IDd then: is information on voluntary non-participation . Sllould ~ dcc:lde DOI to want to panicipatc in the program. 1h11 information is in the packa,cs 11111 are banded out Mr . Estcrl y stated that if lll)tlod)' is in the audience 1h11 docs not have a package and is imcraaed in one , if they would raise their hand. Jerry Lancaster from his Engineering Slaff has plenty of copies to pas out. He said he would be glad to answer any questions . Mayor Bum advilcd Council will quallOlt Director Eltcrty and then ~ in the audicnc:e will have I chance to talk if they want to. Mayor Bums asked if, fJOm the COlllaall ud lcacn ud ID fonb dial they 11J1 back., they -any paac,n of the lcvcl of undcnlandia1 of the public:. If dlere -Cillllftllioa IIINllll bow the prupam would wcllt or if there -any penicuJar -n:aclled. Dnclor Eaerty llated 1h11 people called IDd had ~ - .. I· • l:actewood City Coallcil April 7, 1997 Paie6 ' • 0 I • • specific qUCSl.ions about a couple of items and many of those people were noncommittal . He noted that the hundred or so phone calls that M bad c:ompued IO the 9,651 mailings that M sent out. is a very small percentage. He said tllat., • far • the other 9.400, you cui assume wbatc\oer you would like as to whether Ibey understand it. Direc:tor Ellcrty commra!ed that the flyer Ibey sent out is pretty self cxplanalory. This. be noted, is SOIIIClhillg thal 11e have been tilting about for a number of years. that there arc a large number of people that bave shown up to speak taaigbt. but certainly not 9,000. He noted that be also gave Council a breakdown of the figuns befoR • to bow Ibey felt Ibey were running. Council Member Habenicht asked Direc:tor Esterly to explain. if she were to participate for two or tbree years. all of a sudden her COIIClele clisullegral5. she ha put in S7S .OO for the thRe years and when the work is done docs that mean you arc going to charge her the whole ..-nt, but she would have S7S .OO reduced from her bill, or docs that mean she would pay for the whole amount. Director Esterly stated that the Concrete Utility Program would pay for the whole amount of the c:oncrete replacement and it would be expected that OYCr the life of the conc:rete the money would be collected in the S2S .OO per year iRCRments . Council Member Habenicht asked bow that would work for someone who bas gone for three years without participating and then all of a sudden the concrete stans to disintegrate and Ibey decide to opt into this. Director Esterly explained that to opt back into the program a person would have to basically pay back the payments that bad not been made. Ibey wouldn't be in arrears, but they would have been out of the sys1em . He said there is a page in the handouts that addresles that and it is called MVoluntary Non-Participation Provision." The key features of the provision are that you would have to buy back into the program, however before you would be allowed to do that you would have to bring up all of the concrete on the property that was below saandards at the time that you wish to get back into the system . Council Member Habenicht said then if it was disintegrated I would bave to fix it first and then I could get back in the program . Director Esterly stated you would be required to fix the concrete. make the back payments and then enter the system. Council Member Vonnittag asked bow much this is going to COIi for the average size boule, not counting the comer loU. per year and bow are t1IOle payments llllde. Director Esterly advised that the average residential pn,peny would be BIiking a paynlCIII ofS2S .OO per year and that would be spread out «Mr quanerly (IIYIIICIIIS tlaal would come with the WIier and sewer bills. which are also done on a qual1erly basis . So. balically. after three moadls eacb pn,peny in the City would have received their first billing for one quarter of the S2S .OO 811111111 bill . Council Member Wigins COIIUIICIMd thal would be S6.2S a quarter. Council Member Vonnittag said that will be evesy thRe mondls. Director Esterly swed that was right and tbal ofcoune it is -if you have• larwer lot or a comer pn,peny and commercial propenies would be significandy -· Regarding the comer lot. Council Member Vonnittag llllial bow mucb the City is going to chip in for the person who lives on the comer on the avenue side, wbic:11 you say is the -=ondaly street . Director Esterly advised that the City would be cbippina in with 70% of ftmdl that are raised through general taxes. Participation would be spread out balically all pn,peny onen through OUI the City would be paying for the 70-/o side. Which. be said. is typically the avenues tlaal tllC properties don 't actually face, don't front on to . Council Member Wiggins prescnled the scenario that he -.Id join the program, contribute four years . and you come by and say bis c:oacrelC does IIOt mee1 IIUdlnls. that you are goina to replace it . You replace it and he ha paid rouab(y S 100 CMr thole bar years. Then tllC DCXt year be pays IIICllbcr S2S and decides to drop 11111 bm:ala bis coaaelC ii fixed 111d be is ia pod lllape . So 1bOU1 17 years down the road you come by and say bis c:oacrelC ha FM apart. you llled to fix it. to briq it up to llllldardl. Council Member Wiainl ..._ if the anario would be 111a 11c would i.e to briaa it up to......., ' • . ' - ' ,; I· 0 • ·,_~-----:----- Ea&lewood City C•acil April 7, 19'7 Pnge7 • , . • pay back the pat 17 years and then he 'WOUid be back in the pn,gnm apin. Direclor Esterly said that is exactly cona:t. Director Esterly llliod if he aJUld go on. • lbal ~ c:reaeed quite a llir in the audience. He aoced that in fact a property owaer bas a di8'erenl aplion. they ca be Olll of the program and they can cboolc IO go ahead and fix their~ lllll's their obliptiaa ud nae join back inlo the program. Director Eslerly poinled out that ii is _. mandatory 11111 you Cllla' back ialo the program. Couacil Member Vormiaag llliod iflhis can be COlllidcnld almoll like an iw policy. that it COIIS you baic:ally $2 .00 a lllOlllb and ill always being rq,ainld by the City. DinlCIOr Esterly said be likes the coaccpl of a Clu'illnm Oub or a savings plan rather dlu hmnnce. Mr. Vormiaag said ii is DOI their relpOlllibility uy-. that the City will take caR of it 011CC they .-e ialo the plan. If the City feels it needs 10 be Nplaced they go OUI and replace ii and there will -be a bill bec:aUle you will be paying ii -, dlrce _.... S6 .25 a quarter. Director Esterly Ulal that is correc1. Mayol' Bums llllled. • Council Member Wiggins pointed out. that Wider the pracnt program, if ii was DOI cban,ed. you would haw 10 pay for your own c::oncRlc anyway . Director Esterly advised that is CIOffllCI. 11111 c:unmlly each pn,peny is obligated lo maintain the concrete lbal is in front of their property. Mayol' Bums commented lbal that may all come in one lump sum unless lbcR is a public vote to CXIClld it out and bond iL Mr. Esterly Slated we arc kind of talking about these rail negative cases where the City is aJ11W11 aRllllld and telling you 10 lake caR of iL He pointed out lbal aaually many of our cili7.CIIS lluuugbOUl the City do a good job of jull laking care of their C011CR1C. that they know is their obligation. on their own and the City is _. inwlwd. The only lime the City becomes ilMllwd righl now is where c:oacn:tc is allowed to detcrioralc to the point where it is a huud and then we fed that we haw to SICp in and do ICJIDCfbing about it IO Fl ii cauabt up. Bui by and large. be llatcd, the 1111,jority of pn,peny owners within the City of EaglcMnd do a ,ood job of takiq care of their CIOIICl'Clc. Mayol' Bums DOied lbal. say if your coacn:1e ddel iol'llla in IO years, in 10 years you 'WOllld oaly pay S25 a )'CU, wbicb -ad be S250 and _. of the conaete bills arc a lot biger dlaa lbat. Direc:lor Eslerly llaled that die typical raidenlial bill. if you replace the ea1iR fioalap. -Olll to be S1500 . He noted dial is a Ilia bill ID Fl llil wida all II oae time ud perllaps ICJIDCfbina you bada ·1 plalllled oa . 'l1lal. be advillll, is typically die ..... CODCelll we luM. 1'1111 people doa 'I ..-ily abjDcl to lbc fact lbal they ae,.. PNiNc far wiMeieing dleir-=, bul dlcy haw: a coaceni dial II a timc of w dlooliag and 8111 dlein. we .-e lalkilll ID lbea lbcllll iL Direc:lor Eslerly Did lbal then we 111M in c&ct mowed inlo lhis afor ailllc ud il doelll 'I feel \'el)' good tbr u,body to be in dial lilualiaa. Bui apia. be noted. if property w arc takilll care of lbc coacrete that is lbcir iapolllibilit)', we doa ·1 ~ talk to .... Comci1 Maas Voraials llliod wlial lbc appn,ximlle COil 'WOllld be for the crew IO come out and replace jall oae .... ia ftal of _'I '-. wbicb is lbcllll 4 fool to 6 fool loa&, if just dial OIIC pioce is Im DUlc:IDr Early llliod ~ Muqa-Kalua if be bad a price for a 10 fool ll&lae lhal is 3 feel wide widl a cat, ..a pllll' aa.:i.t. Mr. Kabm Did 1ba1 would be lbcllll 130 a wmr foal Dinclar E*'9y .... dial.. 11 IINIIII 130 per lilmr foot. a 10 foot 11011c would be approximalely 1300. Typically, lie IICllld. they allow people IO do half 11011e1. but dull frequcady is a loliq operalioa. You do balflhis ,ear ..aa Cllllflc of,-s laler you do die other balfanyway . Council Member Vormiaag COlllllleMDII dial 11 1300 dlll is a lllck of a llYillp tbr S25 a year. Couacil ..... Hllllaiclll .... dial Ille baa a ca.pie of ...... she WDllld liu ID luM c:larifted. She Did lhis .... Ill a Ill dlll WOIIIII be ......a 10 die llliUly bill. SIie llliod lflllla ... 11111111d be co- millpd illaay ..,. 1111,w _.. die ftladlbe upl ....... Direc:lor 8-ly ................ ... would 11111 be CIII-P!llhd CWlllllly • a lllilily biU ifyau Fl lbc mvica fDr wMlr. b llllilary..., • -----------------~-------,.,------------------,,----------------,, • • • Enctewood City CINlacil April 7, 1997 Page8 0 - and for Slorlll Wlller, that those are all kept in scparalC funds. with scparalC accounting and they arc tracked for the individuals that are inwlwd which each one of those. This. he noted. would add yet a founh utility 10 the sysaan that would strictly be for CXJOCrCle replacement and the City of Englewood would abo be conuibuling to this fund IO lake care of the amcrete. Not just the City responsibility coaaac that be tallied about. but abo the CXJOCrCle in front of City facilities. like City Hall , the Safety Services building, the Scmc:eala. the Miller building and parks . Director Estcrty swed wc have a lo( of facilities around town ~ Sid would be coming IO Council each budget year looking for the City's amtribution IO the program al111 for our own property . But. he reiterated. the funds would not be a>- minglcd with the other funds and as the years go by wc will evalua&c if wc arc collecting enough money or too much money. lfwc arc collcaing too much money, in the future wc can rcduc:c the ralC. lfwc arc not collecting enough money Sid will be back talking IO Council about raising the rates . Council Member Clapp asked Director Estcrty IO explain how this will work if she were to sell her home. Mr. Esterly explained this has no impact. from a lcpl standpoint. OD whether or not you sell your home . As a practical matter wc expect many future home buyers. if you had opted out of the program. it is quite possible that a buyer might require that you do whatever is necessary to get back in . That. he DOied. would be a point of discussion during the sale. As things arc going right now . if it is a buyer 's market. then the seller usually has to pay for it. If it is a seller's market then the buyer usually has to pay for it. Director Esterly advised that when people opt out of the program it would result in a document that is recorded at the County and when a title search is done. at the time when the property was going IO be transferred. just like an cascrncnt or any oChcr financial obligation against the properly . e.g. a lien. this would show up that the properly owner had opted out of the program. But what actually happens during the sale is bctwccn the owners. that the new owner could agree to aa:cpc what the previous owner had decided. Council Member Habenicht asked if somebody trips on her siclcwalk who would be liable if there is a suit. City Attorney Brotzman swed that the individual homeowner is responsible for their sidewalk. Council Member Habenicht asked. if she has a tripping lward on her sidewalk. who delcrmincs when it gcu fixed . Director Estcrty explained that they would typic::ally be out doing inspr,ctions on an annual basis. looking for such things. Of course. he said. if any property owner brought a tripping lward or delcrionlcd amcrete IO our attention that wc had not noticed. and assuming the funding was in place to deal with it. wc would bring that COIICrdc inlO the program . Council Member Wiggins said that to follow up OD Council Member Clapp's question. if you have a person who has opted out. they sell the house and he clec:idcs to buy it. As it goes right now . with the water utilities. when a house changes owncnhip it must go on a water IIICICr. if it isn 't on a water mcler. He asked if this would also trigger a situllion within our computers with the Utility Dcpanrncnt for the City IO notify the new owner that, guca what. the pm'ious owner opted out, that you have a choice IO go into this program or Slay out. Director Esterly Slated that the City would not be making that DOlificalioa, that they would expect that that notification would come IO the purchasing property owner tJuoup the research that is done on their behalf as part of their buk loan. It is quite poaiblc. as wc have this pop up every now and then. that wc have somebody who has the money. has the cash. could purcbac a boUlc and not have done their research . He admowledpd that you could catch some people like that IIIIIIWUe. Mayor Bwns said that he had several comments. He opined that the qrccmcnt ol non-panicipatioa would be recorded as a notice . that it was 11111 really an impairment ol the tillc. He noted he has ICCII cues wbcrc people have bouaht a property and within a few IDlllllhs they pt hit with a big concrelC bill. 11ley then uy IO go back to the seller and complain that they wen: dehuded or misled or that son ol thina -He opined that this program would allcviatc that . Al111. he Slid. he -.Id praumc that if you -.Id op1 out ol the program. you -.Id have a bill and the n:ason you arc amna people IO bring their concre1e Ullo •. .. ... I· 0 • Englewood City C1N1ncil April 7, 1997 Pace9 0 • compliance first. and then pay the past amounas, is because if you didn't. then the instinct would be for everybody to lay out. Then when their concn:te was bad they would just pay the $25 per year and expect to get new concrete. Mayor Bums said it would seem to him that you run the risk or having a very badly Wider funded program. i-. you wouldn't have enough people participating. Director Esterly 5laled that tbeofflically the obliplion would pn:tty much malCb the filnds that WC were collecting because WC would have fewer propcnies to service. But. be said. wc are uying to discourage the activity or getting in and out and in and out or the program . Which people can do. However. be DOied, in doing that. if wc cn:atc a real significant adminillrallve burden on the City to keep dealing with moving people in and out. the C05l or doing that winds up coming out of the Utility too. Dircaor Esterly commented that wc would rather spend ~ building coacretc than dealing with adminisb'ative llllltel'S. Mayor Bums noted thal if people opt out and then come back in and didn't have to pay to upgrade their concrete. they would often be coming back in with a large concn:1e n:pair obliplioa that they would be asking the City to fund . He said it seems to him that that could overwhelm the program . Dileclor Esterly stated that is cxacdy the thing they are uying to avoid with the cili7.ens. Where all or sudden a big biU comes due for them at a time not of their own choosing. Now wc would have the situation when a big bill would come due to the City not a time or our own choosing just becausc people came in . Mr. Esterly commented that. as Council is aware from the Study Session. concrclC in the City has been built in some fairly significant spurts over the last several years. Going back 30 or 40 years. wc had some significant building booms when much of this was put in. A IOI or that concrete is approaching the end of its economic life. So. be DOied, wc are facing this issue or balloons and wc would like to have those not occur at a time not or our choosing too. Director Esterly stated wc are trying to plan for a reasonable program. Council Member Vormittag asked Direc:tor Esterly when he plans on starting this program . He noted that some oC the people out there probably have bad concrclC already . He asked if this is going to be an on- going thing or are wc goiDa to do a sweep or the City and for like tbrce months go in and tear everything up and be done with it. Direclor Eslaly said that is a aood qucllion . Over the lall six years. and for the first four or thole years. wc acblally surwyed the City 111d cailNd the deficient coacretc ower tbat time period to be bruughl iDlo compliance tbroupout the City . So. he said. they believe aa this poinl in time that wc are caught up and tbat wc are on a pn:tty even keel. So wc would be looking II fulwe coacretc. Dircaor Esterly stated thal if Council decides to proceed with this. 111d i-s it on the clala tbal are identified in the calcndar. the first billing for this would ID oua in July or 1997 and wc would sec the first constnaction using these l'ullds to oa:ur in 1991. Council Member Vormittag asked if wc will get a wanaa1y with that from the conuactor. for example. if the concfflC is bad within six montbs and flakes olf. Dircaor Esterly advilcd tbal wc have normally rcquiml a 2 year wanaa1y from our coacretc coauacton ud we also require that or any coacretc contractor who works for..,-in the City, public or privmc . Council Member Vormilllll askcd if toaipt we arc .,... to have a lill or people who would like to opt out or it. where they can get their name on tbcrc ud will we CODlaCI them laler on . Dira:tor Esterly ued tbat if you don't c:rea1e die Utility tbcrc is notlliq to opt OUI on . Once the Utility is creaaed then we would cxpec1 for people to come forward and requaa to be opted OUI or the prop11111 and the overall dclails arc in the packet on this voluntary ~palion provision . So thal infonnalion is in the packet if anyone is intcraled in it. Council Member Habenidll said tbll sbe is not IUl'C if we have uy places witlain the City right now that do not have conmtc ud would be getting aJIICnllC in the lubarc. She askcd if tbcrc is any new CIIDCftle illltalled for --. ~ that haw to be i...aled ftrll bcill'C llllallllOlly CIDllld pt -, die proaram . Dinlctar l!llerty cxplailled 11111 dlil pqram ii ...... jllll fDr wi 3 DCC a/ exiltills CODCl'de. TIie City Ila .,..nla It peru wllerc 311c 8*wlllla a,e IICll )'et__,.. ud dlil dlma't pay •. ... •· 0 • • • Englewood City Council April 7, 1997 Page JO 0 • for that. He advised that the Parks Depanment would be looking for an individual separate appropriation to have wort like that done. We have propcnics on University, and Belleview at several locations, where there are no existing sidewalks. He SlalCd that would be a separate issue that this Council needs to address as to wbcthcr or not wc are going to require sidewalks in those locations. He noted that the way we are anangcd now it would be the responsibility of that property owner to construct the new concrctc. In the future, if this Utility is passed. it would continue to be their responsibility . Council Member Habenicht said. just to clarify what Mr. Esterly said to Council Member Vonninag, that everybody in the City right now would be staning out as if they had okay concrete. Director Esterly said that is right. So, she stated. nobody needs to do anything. thal that is what the last 6 concrete districts were about. Director Esterly said the last several. yes. Ms. Habenicht noted that was to get everybody to a level playing field . Mr. Esterly explained that wc thought wc were behind and again it was a goal of Council to bring the appcarancc of the City back into line with good standards . Council Member Clapp asked Director Esterly to explain the CWTCIII concrete standards and address if those would change under the Concrete Utility . Director Esterly advised that there are several different concrete standards. Some. he said, have to do with displacement criteria. There is criteria that has to do with the surface texture of the concrete. that is often relalcd to the soundness of the concrete. For example, he noted. he could go out and hit the concrete with a hammer and it either goes thud and it needs to be replaced or it has a hard sound to it . Those things, he stated. can be determined by test He noted wc have concrete that is in the curbs and guuers that can tend to deteriorate. lose it 's surface and collect water. That can start to damage the asphalt pavement. which can then run the bill up considerably for overall repairs and we are very interested in seeing that those areas don't continue. So, he said, the standards for replacement would not change. Depending on how the funding Rows. wc might move ahead or behind in replacing concrete. With an adequate funding soun:e wc would not be stuck in the position that many propcny owners are, of replacing half of the concrcle and hope that the other half is going to lasl a long time. Mr. Esterly commented that wc have a lot oC bomeowncn that do that. and typically the concrete was placed all al one time. and the fact that half oC it 1111 deteriorated to the point of rq,lacemcnt. although it doesn 't violate our Slalldanls. it often means the iamiDdcr is going to go very soon too. In the past he noted. wc have encoungcd people to replace that tllemld\'CS. He noted that. clcpcoding on funding availability. we would probably be a little lltOR ~ about making total replacements. Council Member Waggoner noted that Mr . Esterly mcncioaed ll thc stan oC his pracalalion that this included concrete alleys. He qucsaioncd whether he was just lalkiag about the croa pan al thc alleys or on the street ends. not about the whole alley . Director Esterly cxplailled tbal the concretc alleys. that are in place right now , are a pan of this Utility to thc cxtclll tbll thc City 1111 made an obliption to the propcnics adjacent to those alleys. Thal if Ibey originally paid to bave the alley paved in concretc, the City would then assume responsibility for maintallnct' o( thca alleys. So yes. he said. the concrete alleys that are existing, and were done to City Slandards by thc City. -.Id come into the Utilily. but they would be the responsibility of the City. in their share. to mainlain. 1'llal. be noted. is the same responsibiliry that wc have right now . Director Esterly Slated that he is not IWIR of any concrete alleys in the City that are not City standard. but that wc do have some asphalt concrelC alleys that have been put in around the City. Those. he pointed out. would not be put of the program . CGUKil Member Waggoner said he would guess his question n:latcs mon: to the fact thal he knows wc maittlain Ille SlrCletS with essentially asphaltic concrete. but it docsn 't come out of a strcct utility . He said he would be concerned that wc would be purung concrete alleys. which is -much different than the llfflCI out in front , in the Utility, and not tn:at it as a maintenance project for Public WOfts. Dira::IOr Ellerly aimmcnted thal wc can fund it either way, that he doesn 't see the difference in either one oCthe appnllCbcs. He said he would pica the real difference in thole two approaches.. and he opined thal it is a real fine dill'crence. is thal wc CID identify that concrete and the City CID like money out o( the PIF. laip it to thal value o( coacretc on an annual basis or we can 5CplralC it and make it the City 's n:lplllllibilily. Tben on an alley by alley buis llall' •. ... D I· 0 ----------~--------~-,. • Eapewood City Council April 7, 1997 Pace 11 0 • would come to Council and ask for the full appropriation for that replacement. Mr. Esterly Slated we can do it either way. We would basically opt out of the program with our alleys. Council Member Habenicht asked if ii is written right now lhal they are in there. Director Esterly advised that ii is not written. but lhat we have made lhal verbally and with a handshake. He noted lhal people who put concrete alleys in in the first place, when they put those in, they were assured lhal the City was going 10 maintain the alleys. Ms. Habenicht Slated the difference is not whether or not the City will do ii. but whether or not ii will be the Utility lhat will do ii. Director Esterly said lhal the way it is written right now ii is anticipated lhat the Utility will pay for the concrele alley replacement. Council Member Waggoner asked if lhal was part of his overall calculation. Mr . Eslerly confirmed that was part of their overall calculation and recommendation. Mayor Bums asked if Council had any further questions. Hearing none, he advised the audience that they would go now to public comment. He explained that everyone: who wishes to speak will be allowed to speak. Mayor Bums advised that Council has a poliey of not voting on an ordinance on the same: night as the public hearing. He explained that Council will vote al the next meeting. This, he noted, gives Council a chance to digest the infonnation they receive al the public hearing and make any comments, changes and so forth before the next VOie . James Osborn. 29S East Chenango Circle. Slaled that he is kind of confused. that he lives on a comer lot. He knows a standan1 lot is S2S a year, but he asked how much more docs he have to pay for a comer lot. as opposed 10 someone who lives in the middle of the block . Engineering Manager KahJn advised that the amount of his charge will be based on the amount of concrete he has adjacent 10 his property. so ii depends on his frontage . Mr. Kalun referred everyone lo their packet and explained lhat there is a drawing that shows some avenue on the top and some street on the side. He noted that if you have a typical SO fOOI residenlial property on a the comer. that is SO fees of frontage on your front street and I 2S feet on your side street. you would be responsible for your SO fOOI of frontage in the front. the City would pick up 70% COIIUibulioa on the side meet.. leaving you with 30% of the side street. In fact. he noted, this IUm5 out to be a SO/SO split for lhe entire frontage. Mr. Kalun explained that in this particular instance. assuming that he has 6 ~ fooc wide: coacrclC. the fee would be a IOcal of S4-4 .38 and the City would be putting in an equal contribution. He said if he had a larF lot and it had a 7S foot frontage. then the split on the side street remains the -. buc you would have I~ times as much on lhe frontage. Instead of S2S. he would have $37 on lhe front. Mr. Osborn asked if the City is going to oomc out and measure and say okay we will pay this much and you are responsible for the rest. Manager Kalun Slated lhal we actually have an inventory ofall of the concrete in the City. He advised Mr. Osborn that ifhe would like lo call his office they can tell him exactly how much concrete is there and what lhe split would be, what lhe breakdown would be . Robert Proctor. 4 70S South Inca. noted that some of the questions be had have been answered. However. he said he would still like clarification. He said that he. like Mr. Osborn. lives on a comer. He said ifbe signs up for the Utility and pays his dues. once it starts then if his coacrclC is replacal. that it is no additional charge 10 him whalsoevcr. He asked if lhal is c:onect. Council Member Vormittag said that is correct. just like insurance. Except. Council Member Wagoner said. you continue paying your dues. Mr. Proctor noted the money goes in to the collc:ct.ivc concrete maintenance fund. He asked if ii just sill there or if the City uses ii for other lhiap or if ii draw inlCRII . Mayor Bums asked if we do cub mana,emeat with 11.c fund and noted that Director Gryglewicz inclicaled. l'rom the back of the room. that would . We would be able 10 do cub management with this fund and earn iJIICresl olf of ii. Mr . Proctor said. lbcn the interest goes into the fund and not back to the property owner . Mayor Bums confirmed that it would IO into tbe fund . • • .. I· 0 • • • Englewood City Council April 7, 1997 Page 12 0 I • • Jeanne Mc Williams. 379S South Grant Stn:ct. thanked Council for finally doing something to address this matter. She opined that the way it has been done in the past has been ridiculous. Ms. McWilliams noted that a lot of Council is aware of her feelings and she is glad to sec something is being done . She said she was reading the minutes from the last Council meeting and she wanted to thank Council Member Habenicht and Council Member Clapp for thinking !hat the City is trying to assess the homeowners too much and maybe could share a little bit. She said in listening tonight, and !hat she spent some time this afternoon with the Public Works Department, !hat she really thinks it is being over complicated. You are talking about having to file things with the County if the ~r doesn 't opt in. opt out. Ms. McWilliams advised that she called all the other cities to sec what they had budgeted . She spoke. this afternoon, to the Public Worts Department and was advised that the Hollywood cwb. the 2 foot cwt,, would be approximately $20.48 per year. mid block the regular sidewalk would be $25 .00 and $44 .36 per year on the corner. Ms . McWilliams said that even if you use the Hollywood figure. $20.48 per year. the last concrete district was in 1995 and the cost to the homcowncrs was SIS5.S30 and that is pretty average of what has been spent for all of the concme districts. lf you divide that out by the 11.000 homes in Englewood it comes up to $14.00 per household. She said that when she looks at figures like that she wonders why you are trying to get so high with what wc arc charging the homeowners. that maybe we need to gear it down and not try to think of $42 million worth of cement in the entire City. Council Member Vormittag stated that it is easier to give it back than it is to recollect it. Ms. Mc Williams commented that it will be just like the Coors Field tax. the field is built and wc are not going to see any of that either. She said we are not talking all of the concrete in the City of Englewood. we are simply talking what needs to be replaced and Chuck Esterly just said we are up to par now . When they staned this five years ago wc were suppose to be bringing everything up lo par so we didn ·1 have a pile of damaged concrete. So presumably we are on a maintenance plan now. not removing all the good. bad and indifferent concrete. She said she also wanted to address the fact that he also said that the City only steps in and orders concrete replaced when it is badly damaged. Ms . McWilliams said she is here to tell you that is not the case. that she has seen it assessed where the sidewalks are slightly roughened and those people have been ordered to remove it, it is not when it is badly dctcrioralcd. She stated wc sent one person out with a spray can asking them to assess all the c:oncretc. Regarding the criteria Ms . Clapp asked about. McWilliams advised that the person that aacsses the aincretc docs not have that criteria in hand. She said she thinks maybe that is improving too. but that badly needs to be addressed. Ms. McWilliams advised that her main concern is that she thinks Council is on the right track. she is glad they are addressing it. but that she really thinks they are over cstimaling the amount of money that needs to be spent CVCI')' year on concrete repbccmcnt. Council Member Habenicht asked Mr. Estcrty to address that. Director Esterly staled that the primal')' reason is that although we are caught up with what has already gone bad and caused that to be brought up to standard and replaced. we arc again looking forward to the replacement of this very large building boom !hat ocaarrcd in the City oCEnglcwood in the SO 's . Which is getting to be 40 or so years now and much of that concrctc that we have repaired in the last districts is !hat concrete and it is starting on the leading edge of this balloon that we arc expecting to come in. He advised that we arc probably expecting within the next 10 years to sec a large pcrc:entagc of the concrete in the City come into a condition where it is going to need to be n:placed. Direaor Esterl y staled that wc are actually more conccmcd that we are not charging enough and that when this balloon docs come due that we will not have enough funds to deal with it and the people in the audience now who arc concerned about that will be knocking our door down to know why we are not taking care ol their concrete. We arc actually more conccmcd that the project is being under funded rather than over funded. Ms. McWilliams staled that she still thinks that they need to rethink the figures on that. She said she has called other cities to sec what they arc buqeting, that the SISS.000 that was spent in 199S is much more than companblc cities spend on their concrete. that were paying I~. of it. She advilod she is talking about Northglenn. Thornton and that she called a variety of cities. She said sbc k--. people have a concern tonight too that if they have been in concrete districts in the past. that they -have IIICRIIIC!IIS apinst their home and they are paying for that already. She commented that sbc does not ~ if that has been lddreucd. but that she thinks we need to swt this somcwbcre and sbc does not wut thal 10 ditcourqc the Couacil . .. 0 •· --------------------,. • • Eackwood City Council April 7, 1997 Pace 13 0 • , . • Mayor Bums thanked her for her interest. He commenled that anolhcr reason why there is the opt out fcalllR in this, which means it is not mandatory, and that means you can't argue that it is a tax. He explained that if it is a tax under Amendment I you ba\'C to ba\'C a public vote in order to increase or CSlablish a tax. Margie Stene. 4161 South Chcrokcc Stn:et. lllllal it says on the one paper Melo you have the money for concrete rcplaccmcnt?" She said no she does not and she didn'L She stated she would be glad to start paying the S25 a year, but that she would lille to ba\'C somdlody take the loan that she has, a $700 loan at about 6% or r1., and have it shftlddcd. She said that -on the last deal and it is against her house . Mayor Bums llOlal he did not think that would happen. Ms. Stene commented that she wished that someone had thought through the whole thing so thal she could stan paying the $25 . So, she asked. is ii true that anything that she has done from now OD will be $25 a year. Mayor Bums said yes . But. Ms. Stene asked, she can 'I get that $700 at 11% elimillllled. Mayor Bums commented that we would have an awful lot of money that would be forgiven in the City if we did that. Dan Wegener, 4011 South Delaware Street. advised that he is a concrete contractor in Englewood and for him this is not a good idea only because he lives on a hill and his concrete isn't deteriorating. for a lot of people it would be a good idea. But. he said he does not think they have enough money into it. That money is not going to go that far. Mayor Bums said then you think you may be under funded . Mr. Wegener said yes. Kurt Todeschi. 3291 South Gilpin Smet. stated he is a registcml professional engineer and has over 20 years of highway construction experience. He said he would like to say first that there is definitely a problem, but he opined it starts with management of existing funds. He commented that he thinks the whole program needs to be looked at . He pointed out people ba\'C come up here and quoted it as my concrete or our concrctc. First of all. he noted, it is in the llnlr:I tcmplale. it is in the public right-of-way . That citi7.cns do not control who walks on it. He swed lbc City maintains it. plows it with de-icers • salt/sand mixtures. which do contribute to the clctcriontion a( the concrete surface and the only thing the citi:zcns basically do is shovel it. Mr. Todeschi. anmcnting OD the figure a( S42 million that -tbrown out here. pointed out that there are roughly 11.000 homes in lbc City of Englewood. and if you take the $42 million and divide lbal. thal is roughly 420 linear feet a( curb ,ep!IICCIDCDI in Croat a( each home. He said the lady that just spoke before him l1IIIUlled ii up beacr .• you say your CXlllCl'de rcplaClcmenl program is roughly SJS0,000 a year, which is pnmbly llffllY -aae for our siz.e of city . He staled it is roughly. as she said. SIS to $20 per ycar per---,. Mr. Todachi opined that it is lbc right idea. but that the Utility Program is the wrong solution. He said he thinks that once you stan going Utility Propams in to the flow line of the curb and guncr then wllat is next? Are you going to stan making us replace the whole strcel or whatever. He reiterated that cilizall don 't maintain those facilities and be fdt Council should take anolhcr look at this . Council Member Habenicht uked Director Esterly or ~ Manager Kahm to address two questions she heard. One is how did wc come up with lllat very bip _. of coacretc bllDd on dividing out by homes. what dee is involYed in the_._ AIIII. sbc noted. the other qucaion -will it extend to the street . Ms. Habcnichl anmcntod lllat it is lier ~g thal wc alrady have a paving program where wc have already all paid for our ftra pevill« ud the City takes care of all of the paving. She asked that saafl' address thoR ima. Addleain& Ille high C1011C1e1c Cllimaic. Director Ellcrly explained that the Utility includes concrete alleys wbida ilMIM a Ya)' larF aquare footqc of coacretc that this gentleman has divided out by each individual pnipeny owner. He llllled Iha& lbat _. a( concrete is alrady City responsibility and is not included in Ille -. thal we are prapllliq to include in charging the individual property owncn for lbc Utility. The Olhcr put of lbat ii. be noted. dial we continue to have this 70% obligation on the IJeCIOlldary ~ Eacb and nay block llal pri-,y ud • I· ----------------------,.,--------------------------------,--- • Eapewood City Couacil April 7, 1997 ,.~ .. 0 • secondary frontages so this is a significant amount of amcrcte that the City is going to be funding on the sides. He explained that the concrete that was included in that IOlal replacement value includes that 70%. Also included in that is the cwt, returns that -talked about. the entrances to all alleys throughout the C ity, and all of the concrete CRIii pans that are in place for drainqc:. He swccl that vinually all concrete in the City, that is not directly in frool of or adjacent to an individual property owners property. is included in the Utility and that is the figure that the total replacement value concrete is based on. Not the amount that is being paid for by the fees that are being raised by the district. Director Esterly commented that they are two different issues. Council Member Habenicht asked what portion of those are being addressed by the City contribulioa. Mr. El1crly Slaled that all oCthose things he just mentioned are being addressed by the City COlllribution. allhoqb Council Member Waggoner raised the question about perhaps handling the alleys in a different manner. So, he said. there is the possibility that that aiuld change. Director El1crly noted thal the llCll:Olld pan of Ms. Habenicht' s question had to do with extending to the street. He commented that this issue was discussed a couple months ago in Study Session and he noced that the City is about 95% built out with paving distrids. So, he said. each property has already paid for the replacement of that c:oacrelC and the City is committed to maintenance of all of the asphalt streets that have been brought up to City 5landards in the past. He noced that commitment is already in place right now . Director Esterly explained that if the City pays for it. -pay for it with General Fund Revenues or property taxes that -raise and a larJe amount of that shifts the burden to business owners . Currently, the individual properties are responsible for their concrete and this retains that responsibility with the exception that the City has taken on 70% of the secondary frontage. Right now. he Slated, wc have no intention of moving out into the streets with this. but of course wc are going lo be facing street replacements in the future and -have yet 10 determine how those will be funded . Many properties. he noted. have already been assessed for the streets in front of their property. Mr. Todeschi commented that concrete is pan of the streets. Clifton Coleman. 390 I South Galapago, said there are Council members that have already heard this plea. He llated that they live on a comer and have already participated in two distrids. TIie first one was about $900, which they are slill paying for. and the second district was about $1600, which they are slill paying for. He thought a major point has been brought out. that the City owns the aub and gutter and sidewalks that we are uguing about. that -are dilCUSling. He pointed out that they pay taxes on that property already. TIiey an: now being asked. dapite the fact that there is a cavat in th= that says you caa opt out of this. to pay anodler tax. So. he opiDal. they are paying double taxes for _....bing thal be docs DOI think they sbouJd have to pay for. Mr . Coleman advised that he has been the Din:aor oC Public Works for Adams County. the Dira:cor oC Public Works for Greenwood Villqc and he is familiar with the other jurisdictions around Englewood. He Slated th= is no jurisdiction. thal be ~ of. that forces the citizens to pay through a dillrict or tluuugb this $40 a year plan or whalcva. Again. he told Council Member Habenichl and Couacil Member Waggoner, he bates to keep rq,caling bimsdfbut be docs DOI think it is right . Mr. Coleman Slated that the other cilia don't do it and be doesn't "-why this is imposed on the citizens to do it Jane CQleman, 3901 Soutll Gmpqo SIRel. Slaled that they-eacourqed to be in two sepan1c concrete districts. She said lhal ~ came around with a RIIORICCIII spray !bing and jusl -a cnzy. She advised that they live 08 a comer lat. Ms . Coleman DOied Iha& she has appeared bdoR everaJ Council members in the pall abcllal this and they panicipaled in boda oC tbc COIICl'Cle districts. A lot of the stones._ marlu,d iffy , she said, illdicalin& that you don't have to do lbiL but II some point in time they wiU need to be done. Ms. coic-11.-d thal bad she beca told thal Ibis -aaiJlg up she would DOI have spent the moacy to replace ._ dull -jusl iffy , thal II -poial would baw to be rq,laced. She noted she aJllld have paid lllc n, UNI aWld bcnelf bow many llluldnld dollars. Sbe rcitcnlled tbal she lives on a comer lat. aad if slie ......... it ript. ii ays dull 70% will be paid 08 --. and on -SIRIC( ii looks to bcr lillc lllc ..._..,_ is 11U1 IO MW IO pay it. SIie IIIUd if 11111 is C11111Kt. Mayor Bums said he beliews thal is cona:t. ML ColcaM poialed 11111 11111 lllcre .. 1 .... llcR ,; I· 0 • Eackwood City Council April 7, 1997 Page 15 0 • ,. I • • earlier and he specifically said that if he pays his $25 he will not have additional funds. She said that is incomct if she uodcntands it right. Mayor Bums noted that he was not sure he understood the question. Ms . Coleman said he asked if he pays the $25 if that will take care of it and the Council agreed to that and that was incomct if she uodcntands it. She noted the City is going to pay 70"/o of her frontage, she pays 100% of her side street and 30% of her frontage. She asked if that is comet. Mayor Bums asked if she meant I 00% of the cost of actual replacement. She said yes . Mayor Bums stated he did not think that was right. He asked Director Esterly to address her question . Director Esterly advised that the way the formula is set out the property owner is responsible for 100% of the frontage and that works out to about the $25 figure . The remainder going into the $4.4 per yar figure . that's in the illustration. comes from the secondary frontage or the side yard frontage . He noted the $25 rdatcs to a lot that is not on a comer. that there is an example calculation in the package that was handed out that shows what the obligation is on a comer. Dirc:aor Esterly advised that prior to this Utility, what is shown in there for a comer property is 100-/e the responsibility of the property owner. Mayor Bums said that if he understood Ms . Coleman correctly, her question was that if she had a S 1500 bill for the front portion of the house she wouldn 't have to pay SISOO, she would be paying the yearly fee. But. Ms. Coleman said. on her side she would still have to pay the full 100"/o. Mayor Bums and Director Esterly said no. Director Esterly advised that the annual fee would be 30"/e, but that if she should choose to opt out of the program then yes it would be 100-/e of your responsibility . Council Member Habenicht said she was uying to understand this too and as she understands it is that somebody that docsn 't have a comer. that just has frontage and say it is 100 feet and they pay a fee , that people on a corner lot won't have to pay double that bccausc they have twice as much concrete. Their fee will be adjusted. instead of another 100"/-. their fee will be adjusted up by just 30"/o. So the fee would be say 30"/e of $25. if it is another 100 fCCL it would be another $8 or S 10, then you would be paying SJ 5 because you have a corner lot.. ralbcr than $SO bccausc you have a corner lot. Ms . Habenicht asked if that makes sense. if she understands it right . Ms. Coleman. using the handout. pointed out what she understood it to mean. saying that she will pay 30% of the front and all of the side. Mayor Bums rcitcralcd that it is just the one yearly fee . Ms. Coleman said she did not think they were undcrslanding each other. but she~ IDO\'C on. She poillled out that this also docs not cover the breaking up of the concrete and hauling it otr. Thal is also another fee that the homeowner will be responsible for. Council Member Wiggins and Mayor Bums noted it is all included . Ms . Coleman stated that it says other factors affecting cost which are not included in the prices *-are concrete sawing and removal and rcplacemcnt al asphalt. ~ng Mana,er Kahm cxplaillcd thal the example shown is to give you a feel for the type al concrctc that would be in front al your property. like in the top section that is typical vcnica1 curb and guner with a four foot adjacent walk. If you have a SO foot fron&a,c . you could lake a look at the handout and say I have a SO foot fflllllalC ud the COil of removal and replacing four inch concrete is $22 .65 a linear foot and the fee is 5 I ccnts per linear foot per yar. He advised. regarding the note at the bottom. that it addresses other cosu that the Utility will absolt,. He explained that those costs arc not broken out in the examples. but that the Utility will lake care of those costs of sawing concrete and removing and replacing asphalt. Mr. Kahm noted that the question came up earlier about where our numbers came from and in fact the $42 million comes from us taking a complete inventory of all the concrete in the City and extending it by the known COllS ol removal and replacement of that concrete on today 's martct So that is where the $42 million comes from and. he stated. it is a substantiated number. Council Member Vonnittag said that is today 's dollars. not futuristic dollars. Mr. Kahm confirmed they arc today· s dollars. Ms . Coleman SlalCd she lives right across the street from a grade school and that one ol the reuons she had to have so much COIICfflC replaced is because the snow blade comes through and l1lkcs all the way down on her curb. guncr and sidewalk . She commented that she is now . 4~ years into the COIICfflC district and her concrete cwt. and guncn 1-1 to be replaced again. This -aln:ady damqed 2 years ago. she said. ud she has alrcDdy talked to several Council mcmbcn and had several out. and she thought Mr . Kahm had been out, 2 yars ago to verify this. Ms. Coleman IWed she halo ·, even goc the other paid for and you an: ming her to pay for this and she needs it done apin. Mr . Ka1un noted that Wider the existing~.__ arc responsible for mainlellaDCC ollhis concrete . In fact in this panicu1ar illlWIC:C whcR it is neceaary , in order to reaiave • - I . 0 • • • En&tewood City C111111eil April 7, 1997 ,.1, • • t• • snow and ice in the wiDICr, to get in wilb heavy equipment and we damaF that aJIICl'CIC and Wider the cxisling ordinance tbal ~ is rapoasiblc for 11111 -it ud if we a,me in ud tar ii up ~ 3 or 4 ycan the~ is stuck wilb tbal ,apo!llibiliey. Under the Uliliey tbal comer propeny is paying lbal maiPlnencr: fee and. if ii is necemry because al snow .-al openlioas or if you Im: on a SWe highway where the SWe is in puaing sall ud sud OIi Ibale adjacenl sidewalks all of the lime. the frequency al removal docsn 'I aft'ecl the rate you pay . So. be poinled OUI. therc is new equily in Ibis concnu -iDICNoa: lbal we have _. had bcfoR. So in faCI if we r,, in, because al the nalUl'e of snow removal. and tar up her c:oocrclC ~ 4, 5 or 6 ycan ud ii is necemry far us to replace ii her maiolCNoa: fees scays the same as~ else in the Cily. Council Member Waggoner said Iha! is if sbe docsn 'I opt out. Mr. Kalun staled ya. if sbe docsn 't opt out. Bui. Ms. Coleman staled. sbe 5lill bas to make up 11111 clifremlce. Mr. Kalun said no. sbe will pay her aooual maiDfffllloa: fee and if the Ciey bas to n:placc it~ year her fee Slay5 the same. He pointed out she can quit wonying about wbcdlcr the Cily damqes it. or whether the trash truck dnM: OD it or whether a bus dnM: OD it or a Stale SDOW plow bit it. it woo 't matter. Ms. Coleman said so they will pay for it a,mpleldy. Mr. Kalun responded tbal is comcL Ms. Coleman DOied then there is notbing in the 30% tbal she bas to a,me up with. Mr. Kalun Slalal she bas to pay the fee for the 30% al the a>ncretc that is adjacent to her house . Council Member Waggoner explained thal if she pays in the CollCrclC Utilily Program and she does not opt out the Cicy replaces her concrete. Ms. Coleman questioned whether she can ask the City to a,me out and see if new conc:retc is necessary . Council Member Wagoner advised thal she can ask anytime she wanlS. Mr. Kahm DOied the plan is not in place yet. Ms. Coleman asked who ckcides on the contractofS for this ooocrcte . Council Member Waggoner staled the Cily would decide tbnJugh a bid prllllCSI. Ms. Coleman qucstioocd when Council would have their ocxt VOie. Mayor Bums advised Iha! it would be al the 11ex1 Cicy Council meeting. Mr. Kalun staled tbal they anticiplle a a,uple al langua,e c:larifk:alions lbal Ciey Auomey Brotzman prcscnlCd . He IIOlcd they are wilb Council· s packets this C\'Cllina. So. be IIOlal. they will see Council addrasing an amended ordinance oo April 21 •. Mayor Bums clarified tbal Council will receive an amended onlinaoa: OD April 21 • and tben aoodlcr rading. anolbcr VOie after tllat. Tbcrc will be !WO IIIOR YOICSOII April 21• ud May 5•. Council Member W...-rexplained lbal Ibis isjull the public bearing IOllight. tbal Council will DOC VOie on it al all IOllipl. Barbara FOUi. 4115 South Huron Slnct. .._ quellims cmcenii11a tllc pn111a1. TIie proc:,e11. Ille Slid. is baled OD exilling CIOIICrelC. She explained tltll her ..... aMII C.0 tllink al tbc block. in tltll tlleir boule is tbc GIiiy CNIC OD lbal side al tbc .,.._ Tbcrc is 80 cxilliq lidftalk. GIiiy aub OD a dad ead ...._ She.._ if they will be ... IO bavc tllc sidcwalk and die Qut, ud pacr illllallcld aloaa die CllliR lcaglla al tbc property. She .._ wllo will decide wlleR it pa. DifllCIOr i:.rty lapllllded dlal. in plfflOUI concrete dillric:cs. the Cily bas c:laen DOC to addral the issue al requiring 1h11 -C1011Cre1C be imlalled. At this point. Ciey Council bas the audloriey to requi~ tbal -C011Cre1C be iallalled. be said. and the owner has the option al baviDJ CIOIICrelC iDllaUed. Council bas DOC cxcn:iscd its ability IO require Ibis and ii is an issue that is left for the l'ulUre ud ~ conditions in this-. II we are jUSI looking al aub and guUCr al this localion. be said. and DO sidewalk. the cak:ulMiw lie baled OIi square foocage or the actual existing C011Cre1C for maiDICNncr: GIiiy . The l'ulUre ,eplllJ'INDI or inilial constnlCtioo is an issue al a few localiolll lhll bas DOC been ..._. yet. Mr. i:.rty adwed. ~ Bums said therc is no requirement al Ibis lilac dial a sidewalk would bavc to be put in. Ms. FOUi .._ if she -.Id be notified al c:baqes. Mayor Bums responded dlraaliwly. Robert Proctor. 4705 South Inca Slnct. said lbal loday's coacre1C ca111 bavc been pa. He ..... iflllc I D'CPI will inaalc if tbc COIi al ClOIICffle rep!-.. irm. Mr. E-1y ......... tltll. if die IOtal COIi al COIICrelC repllCCIDCDI pa up. wbcdler it ii clue IO tbc City .......... the .... for replllCllllllffll or becaulc KIUal COllllnlcliOII CIIIIII ID up. die rec 911111d be iacnwd to -die CX111a. II we bavc owaaaimllod the l'ulUre iad IO lq,lacc--. dlcll die rec .... ID don. He 80Md 11111 we bavc DO cxpcricncr: to indicalc lbal lbal ii lillely. Council Member Habeaiclll ..... D 1111 anliawll addralCI tbc need to incrcalc recs. wbcdler it would be dualip a ,..UC llmilll pnaa or..._.. ... • E•&lewood City Couacil April 7, 1997 Paiet7 0 • resolution. City Attorney Broczman raponded 11111 Council actually sets the fees through resolution and would have to come to a public VOie aC tbe Council . Dira:mr Esluly added that it would be up to tbe Council whether Ibey wanted to bave a public hearing. Mr. Proctor m:ommended that tbe money in tbe fund be used compldcly before the fee is railed apin. Council Member Wiggins commented that wc bave a concrete man over here, Mr. Waggoner, wllo says wc bave underestimated . Betty Newton, 3079 West Stanford Avenue, said tllll when sbe bought her house about 40 years ago it was tbcn Littleton. When Englewood took us in, Ille aid. there was a special deal made that the City would maintain her strcct. Sbe said the City bas mailCaiaed tbe 11R1CU. but asked if that docs not cover tbe sidewalks also. Mayor Bums said tbe IUed ad the sidewalks arc cliffcrmL Ms. Newton asked why, since: it is tbe City 's propcrty and sbe is paying taxes for that. Mayor Bums said he thinks sbe is sing for tbe 40 year bil10ry aC concre1c dillricls. Ms. Newton said sbe wou1d lille to have that opened up apin to see whether Ibey, or the City, arc respollliblc. Sbe repealed tbal, when tbey wae taken out of Littleton and mow:d into Englewood, there was a special coaceaion made for her street. It was over 40 years ago. sbe said, and people forget things. In 1982, conaetc was replaced on her street. she said, that she feels Englewood paid for. After all, she said. wc pay taxes and the City raises them every year. And another thing. she said, this thing for tbe water dcpartmcnt that Ibey have been paying SSO for the last 8 or I 0 years and wc don't know what it is for . She said she can't get any sensible answer from anybody about why wc are paying SSO every Scptcmbcr for Valley Sanitation District. Council Member Habenicht responded that. serving on the Water Board. it is very fruslrating. While the City of Englewood. through the Bi-City Wastc:water Treatment Plant. sends out all of the sewer bills with the water bills. some of them come from different districts. She said that she. personally. is not in the Englewood Sewer District. but. rather. in the South Englewood Sanitation Dislric:t which is governed by a separate board. which is elected. When wc have problems with our sewer. she said, wc can't go to the City of Englewood. Valley is another district. she advised. and is a complctdy different distrid and wc would love to have jurisdiction over how that is clone. she said, but wc don 'L Those of us who are in these other districts have tried from time to time to opt into tbe City, but our distrids won't lcl us. sbe said. Ms. Newton said she thinks tbe City charges an awful lot m taxes and sbe thinks it is disgusting that the City docs not maintain the sueeu, gudCrS and siclewa1ks. Ray Berlin. 2132 East Dartmouth Avenue. CIOIDDM'IMCd that wc have to realize there is no free lunch. There are two sccaariol here. he said. If wc Ila)' with tbe c:unent ordinance. the propcrty owner will pay 100% man CODCl'dC thal DCDds replacing. He said be is glad to see that oac ae tbe Council Members recogni7.cd it as an imunnc:e policy becaUlc dial is exactly what it is. It is S6 a quaner, which blaks down to ma)ilc two movies. a cheap sublcriplioll to a mapzinc. or a six pack. but wc will pay oac way or another. he said. If the ordinance saays the way it is. -is going to be crying became Ibey p11 a S2 .000 bill. He said be is for it becaUlc he -W prm to pay S25 a year, or whalcwr it is going to be . He opined that. even if it goes up to SIOO it ii c:belper tllaa the cxisling ordiaaacc. He cacounpd Council to look a1 it in tbat light. He cited• cxaap1c m ,.,....bin& that happened to him. He said he owns some property in Dawer and bad to ballC 35 ...,a m sidewalk pul in lall year . The COIi - SI.SO a square. If you arc a COIIUadOf, he aid, you can Cllimale the COIi mthat. Venus this. this is dirt cheap. John Tale said he owns a laflC CIOl'IICI' lot 11 955 WCII Oxford Avenue. The City appuenlly bas unlimited funding for COIICfflC rcpain that Ibey deem -, a1rady by the form m mandlling tbe boaalwner to pay for the COIi of replacement. He 11111.ed wlleR the lbonqe m ftmds cxisls. He said he docs DOI W this fee. which he said the City claia is Ollly W . • a tax. He said he 1CeS it ~ • a form m extomon gi\'ea the fact that. if you don't puticipllC in tbe pn11n111. pm wbich prapcniel arc Fina to be tarpUd for concrete replacement the oacs tbll arc .-,iac dleir feel or tbe w Ibey arc Fina to ICl Sl.500 GUI m. or S2,000 or the elderly lady who bad to 1111c GUI a 1111n for S700. He said be aarccs with die eqineer who said it is public property . Why doel this privMe ciliml have to pay for replin on a public 11ne1. lie •. .. I· 0 '32xl • Eallewood City Council April 7, 1997 Pace 18 0 • asked . He said this is a ridiculous notion because the City apparently has money to put an unnecessary median down 285 . He said he docs not know if the City is paying for that or not but someone is paying for il Mayor Bums said the State and Federal governments an: paying for that . Mr. Tate said he is sure the City had something to say about it. Various Council Members said no, it is a State highway . Mr. Tate said the lady who averaged it out and it came to about $15 .00 per year per household, he said he doesn 't sec how this money is going to be appropriated to doing the necessary repairs. He said he secs the amount of work being clone dcc:rcasing, not increasing, with this. It just clocsn 't seem logical, he said. Ken Steffen, 4801 South Acoma. said he has bcco looking at the numbers and if you divide 1500 by 2S it is 60 years . He said he thinks the City is starting out with the fee too low and after 10 years then: won 't be enough and either the fees an: going to go way up or you an: going to have to opt out of the program. He said he thinks this could be called social security Of now wc'n: going to run out of money again . He opined that then: is not enough in then: and the fees an: going to have to go way over S25 a year to do all the work. Council Member Habenicht asked Mr. Kahm to addn:ss the normal life of concrete and how this was based on that. Mr. Kahm n:sponded that. as wc put the concrctc utility togc(hcr. we did a complete inventory o( the concrete and determined wc had $42 million worth of liability . We looked at what wc thought was a reasonable life expectancy of concn:tc. he said, adding that. recently. the Rocky Mountain News stated that if you put a concn:tc driveway in today you could e,q,ect a life expectancy of 25 years . The City llllCd a projected life expectancy of 75 years and divided that in&o the $42 million and determined what wc needed if concrctc luled 75 years. We an:. in fact. applying that maintenance rate to concrctc. much of which is 40 and 50 years old, Mr. Kahm advised. and acknowledged that what Mr. Steffen said is possibly correct. tllat as time goes on. tbc fee will have to be railed because we have already uml a ,-cry . very COIISCMllivc life cxpectancy fot' this concrctc. Dave Sbavlik. rcpaenling Iinmamacl Ludlcru Churdl. 3695 South Acoma Street. told Counal t11a1 tbc church his three comers which illcludes 2 partiaa lau and the prupcrty that the church n:sidcs oa. He recalled lhlll then: was a~ made tllat then: will be a different fee for commercial . He aaod whc:lbcr the cburdl is included ID tbc c;om-,aai and '-' much the diffen:ncc would be. Dircaor Eslcrty rapoaded tllat tllcrc an: 11111 diffcrcm fees for ~ and residential . Commercial 111d residential fees on a per square fool NIii aR tlic -· Wlult we expect. however. is tbal tbc DUlllbcn that wen: iacluded 11R for typical raidcalial prapcnics dill we typically shaped. he said. We cxpea tbc coauncn:ill --likdy to have INsi ID ocaipy a lar,er ponioa Of an catiJC block. TIie calculalions IC( to he more complic:aled ill dloK c:w ad ,_. allliplion is p,ing to be morc llllll tllc typical lOl&I calculMions tbll wen: slloMa. he adYiaid. 11111 the COil per square fOOI is tbc same. S-oC the b!lliDCIP'S downlown have 10 fooc wide sidewalb ad. aldlaap tllc COil per squuc foot is tllc same. 10111C b!lli will have a iar,er 111W lilbdily Mr. Suvlik aid the cliurdl Im abcllll 13 3 feel tllll is I 0 feel wide and be opined that they 11R prabably loaki11& • __. $400 a year. Couaal Member Vormiaag asked if tllc cburdl would 11111 set 70 pcrtat alf oa die aner lals. Mr Ellaty responded that on tbc sccoadary fronlagc tllc calculMion -W be tllc W. It ... OD bow tllc building and tbc addras 11R oriented in n:lalion to the prupcrty . He invited Mr. Shavlik to call the Ciry to n:ic:eivc an Cltimatc on the liability fot' tllc church property . George Noffsinger. 4 795 Soulb Chcralicc Street. said be Ills IMd al this addn:ss fot' 42 yars. The concrctc was in when he IIIOYed then: and a. bkx:k Im been ieplaced durina tllll time. He lilaled that he bas been in the COIIIU1IClioa .,.._ uound this Ila for al.-50 yan and opillOd tbat tbc City Im a ~ry reuonablc: plan bcn:. He ack-1edpd tllll the CIOII m cwrydliaa 11JC1 up . TIie paden have clone little damqe to his coacrctc. he aid. addina that ilthc lll'IICll werea 't kepi clear oe-wc would all be squawkin& ... that. He aid lie ... doac work with tbc Colorado bipway clcpaltmcnl with biue, contrlCtorl and the City Im tbc same apc,cificalioas OIi the COIICl'Ctc that the 11a1C lllpways have . ... I· 0 • • • !i 11 1i liiil~i,·1( ilit'I II J11 l'11t!!!IJ 1!ltff tlli !!t~ .J ff{I • 1•lf h '·w f 'Ii I ~ftEJ! 111,rl .,.J :i ti 1f~i i11!111.11~~ ll!t,i '[~ 1~!J!l1l'iii!!,lw1JI i!I ·1 l) ~i[I 111 I 1'1 I ~ 1r,1 a.!JJf" f lt! l ia hi I il11Ht1 th!! 1,, th11!1!f f ihi1~hu Hi J I l f r Ii " i ;· J $ fl J J i1 f I JI ~ ~ . . i t l ! 1 ~ · 1 r I JI 11 s f 1 ·, 1 :,1,f lit 1 (,~ f !11,l:-~~!11 rl1l'I ill 1 ~'J i. ! Ii •. .,.. tr ( 1 l l 1 'J=; r I I ii· i. IT iF r · I ! f I; 11 f 11 j I !J ! ! f I r ~ h I I U ! I ; ii f ! ft If f l lw • ·1· lf( 11•jl I ~1la•t:l·fllr1s ·9faf. If :!I ill ·1· i , , 11 lt :~ } i ·fr• i r, I s , l :l-1· ~ r • I . 1· ~. · lJi l .J r · r~il fil' 19ri1I !11 ! f !1 1 fiil!b l ii]' I H; th 11 ~t1I!llf If ii · , :~ . ~1 1:1~1i: f11f , U1Uh di h 1 ~ t ·I f i (I ! ! ! ~ I J· 9 r i ! IT I ! s t. ;· g l I J ! ~ Ii" i I r i 1 l I· 1 Jr~ 1,•r, ,, ''I' ~ 1 arit101-~ ,, . , I ;J a.t ·, • ..·: 1 l ft~i~t~JJ~·J 8 l ~ • f I .. • ~ • . ~ • -~--w--------------------------- • • (. Eackwood City Couacil April 7, 1997 Pace20 COUNCR. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING TO GATIIJ:R CITIDN INPUT ON TBE PROPOSED CONCUTE UTILITY. Ayes: Council Members Vorminag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried and Ille public beuing c:loa. 10. C.....A,-la COUNCR. MEMBER WIGGINS REMOVED AGENDA ITEM It (a) (b) FROM THE CONSENT AGENDA. COUNCR. MEMBER WAGGONER REMOVED AGENDA ITEM It (a) (v) FROM THE CONSENT AGENDA. COUNCR. MEMBER CLAPP REMOVED AGENDA ITEM 10 (a) (iii) ud (iv) FROM no: CONSENT AGENDA. COUNCll.. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii), (vi), (vii), (viii) ud (s) ON FIRST READING. (a) Approve on First Reading (i) RESOLUTION NO . 42 . SERIES OF 1997 A RESOLUTION FOR A SUPPLEMENT AL APPROPRIATION OF 11iE 1996 BUDGET FOR 11iE CITY OF ENGLEWOOD, COLORADO . (ii) COUNCil. Bill. NO . 29. lNTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE ENAC'llNG A NEW nn.E S. CHAP1B. 24. OF 11iE ENGLEWOOD MUNICIPAL CODE 191S ENITil.ED TATIOO ESTABLISHMENTS AND AMENDING Tl'Jl.E 7, CHAP1B. 6E, SEcnON S. (vi) COUNCIL BILL NO . 27. lNTRODUCED BY COUNCIL MEMBER WIGGINS A Bill. FOR AN ORDlNANCE APPROVING SUPPLEMENT NO . 130 TO 11IE SOUllfGA TE SANITATION DISTIUCT CONNECTOR'S AGREEMENT WJ11f 11IE CITY OF ENGLEWOOD. COLORADO FOR 11iE INCLUSION OF LAND Wl11flN 11iE DISTRICT BOUNDARIES . (vii) PURCHASE OF A 4-WHEEL DRIVE VEHICLE ON STATE BID IN 11iE AMOUNT OF S24.9S0 .80 FOR 11IE BENEFICIAL USE FARM . (viii) RESOLUTION NO. 43, SERIES OF 1997 A RESOLUTION AWARDING A NEGOTIATED COlffllACT FOR ENOLEWOOD'S 1997 MJCROSURFACING PROGRAM INSTEAD OF 11iE COMPETITIVE BID PROCESS UNDER I· 0 • . .-------------------------- 0 • Eapewood City c-il April 7, 1997 ,-.21 SECTION 116 (b) OFTIIE HOME RULE CHARTER AND SECTION 4-1-3 OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 . (x) COllmtACT Wl1H LA YNE-WES11:RN COMPANY IN 11fE AMOUNT OF $42.384 .00 , FOR AN IRRJGA TJON CONTROL SYSTEM FOR 11IE GOLF COURSE . Ayes : Council Members Vormiuag. Wiggins. Habenicht. Wagoner. Clapp. Bums Nays : None Molion carried . (iii) Director Gryglewicz presemed a ra:ommendalioa from tbc Department of Financial Servic:cs to adopt a bill for an ordinance creating a new cbaplcr in tbc Englewood Municipal Code CSllblishing a liocnse for Secondhand Dealers. Mr. Gryglcwicz told Council lhat. if this bill is approved. it will establish a license for Secondhand Dealers in tbc City ofEnglewood. This was discussed with Council at Study Session on March 3. 1997. he advised. Council Member Clapp expressed ooncem that this might cause undue burden on some of tbc secondhand dealers such as thrift stores. She asked if tbc record keeping for secondhand property. such as cameras , televisions and snowboards. is that similar to tbc record keeping at a pawnshop. Mr. Gryglewicz responded that Purchasers of Valuable Articles have tbc same requirements . If lhese are non-profit thrift stores. he said, they arc specifically exempt from this liccme. The intent of this license is to look for people who are selling secondhand items. not giving them to a thrift shop or a Goodwill. Asking for clarification. Ms. Clapp said lhat. even though they arc selling the ilems. that is different because they arc being donated. She asked if selling for a profit makes a difference . Mr . Gryglcwicz said that a for-profit sec:ondhand store would be required to record who they got their ilCIIIS from under this ordinance . City Attorney Brotzman added that. cunmtly. CCXXJDdband stores under tbc Scale provisions arc required to keep these records. This. he said. coordinates our record keeping with tbc Scale requirements. The only addition is the fee. the rcc:onl keeping is DO( an additional bunlea. he said. and they should almidy be doing it. There are some. he said. that don 't cunmtly do thal, and that has been one oftbc problems. That is why you arc seeing this ordinance. Finance wanrcd to a>ordimle these two issues. as did tbc police clcplnmenl. The reason ~ts arc exanpt. be advised. is because when you are making a donation. tbcR probably isn "t a theft issue. Council Member Clapp said she is coaceraed about tbc small -and pop store that might buy a used set of skis and put them in their shop. Mr. Brownan said tbc problem with dollar issues is that tbc new area of theft ._. to be compulCr pmcs and CD 's. wbicb is addrclled by this bill by prohibiting catain sales by minon and to miDMI. • MU • the record kecpiq III they can tnce tbc iaems to see wbcrc they are coming from. COUNCll. Bll.L NO. 31, (lt(JllOl>UCED BY COUNCll. MEMBER WIGGINS A Bll.L FOR AN ORDINANCE AMENDING Tl11.E .5. CHAYreR 12, SECTION 6 , ENGLEWOOD MUNICIPAL CODE 1915. BY REPEALING SECTION 6 AND REENACTING A NEW 01AP1B 25 . OF Tl11.E 5, 11iE ENGLEWOOD MUNICIPAL CODE 191.5 ENTITLED SECONDHAND DEALERS . I· 0 • -~------------------------- • • Eapood City Council April 7, 1'97 Pqe22 COUNCil. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM JO (a) (Iii) -COUNCD. BD.L NO. 31. Ayes: Council Members Vormittag. Wiggins, Habenicht. Waggoner, Clapp, Burm Nays: None (iv) DiRctor Fonda prCICllled a mx,mmendalioo from the Utilities Department to adopt a raollllioa approving the Wlla C---MIiier Plan. Mr. Fonda SIited 11111 this - mrommended to the Council by the W.u.r 111d Sewer Baud and is I c:onseMllion plan that. under Slale law. we an: n,quired to provide. He said be belicws all of the n,qui,ements have been met and it will pass review by the Slale. The waler a>lllelVllioa plu is required in order for the City to apply for any Slale pull or tous. The passage of this. be said. becomes a critical iS1UC in getting new loans from the Water Conservation Board. for which we will be applying in April. The plan seu up a number of a111servation issues. be advised, although the language is such that it is just a plan. an intention and is not yet a n,qui-t yet. Although, he said. he felt 11111 by the year 20 IO or 2009 the conversion to meters will become a n,quirement whether we pass this or not . Council Member Habenicht asked. for the RICOfd. if the Water and Sewer Board held a public hearing on this. Mr. Fonda responded affirmatively, adding that it -published in the papers. Also responding to Ms. Habenicht, Mr. Fonda said that no one spoke apinll it aa the public hearing. Council Member Clapp asked if there wou1cl be a fillucial impact to 1he City of Englewood. Mr. Fonda said ii could, as we implement it, but tllOle an: fairly minor tbings. The major finaacial impact is if we got a low intcrat loan for the water plut. He aid the loan 1WIUld be platy c,quivalcnt to the GO issue we were talking about. When this paacs, be said. be will pul in for the loan within the next couple of weeks, 111d we will problbly "-befon: July . Council Member Waggoner lllled if this is the ealire wriaen documeat. Mr. Foada responded affinnativdy. RESOLIJTION NO . 44. SERIES OF 1997 A RESOLIJTION APPROVING 1lfE WATER CONSERVATION MASTER PLAN FOR 1lfE CITY OF ENGLEWOOD. COLORADO . COUNCil. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Iv) -RESOLUTION NO. '4, SEalU OF 1"7. Ayes : Collllcil Malllen Vormiaag. Wiginl. Habenicbt. Wagoner, Clapp. Burm Nays : None Motion carried. (v) Director FOllda plaead a rw; 1MiOD from the Utilities Department to adopt a bill for an ordinance approving an __. MIii die Colorado W.-r c-v.uoa Board for improvcmcnlS along the Soulb Plaae River O lintine Prujecl . Mr. Foada cxplaiacd lllll this is something we have been hying to aec for_.. ,-s. 11ley will ........ -... die Soulb Platte River witbin their bouadariel IO ND I -lille ha appl'lllliallel Qdlrd ud die Pllac River south to the Union A-pump lllliaa . He• ........ die .. ca.we ... a loal liac IF 10 acmmll!Od#e such a WIier line. II wall allow• 101111c .... ha 8w er.it ad dlla ra ii -ID die Union A-pump llallClll ud pump ii ••die Alim PIIM. lie IIIMlld. or• ca..., il • die I -----------------------.,-------------------------------- • Eac!ewood City Couacil April 7, 1997 Pap:23 0 • City Ditch and do an exchange back to McLellan Reservoir for storage. Since we bad supplied several taps to the Tea Thousand Trees Project. they waived seeking fair market value, which would probably have been in the: range of about $90,000, so we were very happy with that negoliation, be said. since they an: giving it to us for about $2,000, which is what they figure they spent on attorney fees for the State anomey . Council Member Waggoner said be bas no problem with the easement with the Colorado Warer Conservation Board and does not bave a problem with the special permit for the water taps, which Exhibit B says an: for the: sole purpose of irripling tna planted by the: Tea Thousand Trees Project. and in the body of the easement they refer to the: special permit and the requirements therein. He said be bas no problem with tbal but does have a problem with pqe one of five of the easement itself, Wider the witneslel, where it SWts out "two WIier taps for the pwpaae m irripling tna planted by the Tea Thousand Trees Project". It then says, which be indicaled is what be objects to, Mor for anodler irription use designaled by South Suburban." Mayor Burns said South Subwban is not a party to this. Mr. Fonda said they will manage the trees project. ~ isn't much they c:ouJd use it for . be said. the line goes along the trees. If they put in some grass or something. Mr. Fonda said he does not think we would object. Mr . Waggoner said he would like to take out the phrase ~or for another irrigation use as designated by South Subwtlan.~ Mr. Fonda said he does not think we can. as this was their boctom line. Mr . Waggoner said that means they c:ouJd use ii anywhere. any place. Mr. Fonda disagreed. saying be fccls it is at these taps, they an: at a specific localion. Clarifying for Mayor Bums. Mr. Fonda said they an: physically at a certain localion and the liaes an: already in running along the Plane River where the trees go. Mr. Fonda added that. in his view, they are not uansfenble and they can only irripae the 5hdJ that is along the gRCDWay. Council Member Habenicht lllked for a lcpl opinion on that. City Attorney Brotzman said he does noc know if she IICleds one . He said be can offer language to add or we can strike language. but if Mr. Fonda is saying this is a bottom line issue and they AR noc going to add or subtract languqe on the ocher side, then Council will bave 10 deal with what is there. Mr. Brotzman noted it could be made more clear, but if they AR not going 10 accept it. how imponant is it to us . Mr . Fonda said there have been a number of language things wbere we have bad to compromise quite a bit and the problem is they don't aecasarily want to give m tbis-..t. This is one tbal took m years to gel to this point. He Slated he did not think there is land dlere dial they could really irriplC a whole lot with, because it is very limited in where 1h11 line goes . Council Member Clapp asked. if it is not n:al impor1aDI and it is limited, then why do they want it? Mr. Fonda said "because we asked.~ He said he does noc kmw if they kmw wby they want iL they may want to plant grass or some other shrubs and not just be limited to trees, bul he does noc believe the tap1 an: moveable. He commented that he just thought they could plant ocher vegclalioa along wheR it ahady is. Mr . Waggoner said the only lilting where the tapl AR lilted is in the special permit for the warer tap1. not in the easement itself. Mr. Fonda added 1h11 tbal becomes void ii we <Mr loK the eaemcal we would then ge1 the water tap1 back . But. be noted. this is for Tea Thomaad Trees. Council Member Wagoner said they specific:ally refer to the Exllibit B special permit for Waler lap&. He asked. ifthey uae it for .,....bins lllll we abjoct to, can we farce the~ oldie special permit. Mr . Broczman ~ afflnaalivcly . I· • • 0 I • • En&kwood City Council April 7, 1997 Page 24 Couocil Member Habenicht asked if there is any way that this can be COIIIU1ICd IO be a way to lap into Englewood water for the ~ of, for illltallCe. the minialwe golf aJlll'II: al South Subwtlu. Mr. Fonda said no, -wou1c1n·1 go along with 1h11. that this is al that location. for lbose 11p1 and the llpl are already in existence and they are serving the Ten Thousand Trccs Project only. South Subwtlu is in it because tbcy are adminiSICring the Ten Thousand Trees Project. but that is all ii can really be used for. Council Member Waggoner cpiestioacd if tbcy tried IO mow: the taps if-could also pras issue with the localion. City Auomey Brotzman said that is COffllCl. Dircdor Fonda rapooded that -would not allow the 1apS 10 be IJIIMd. ii just iso 'I somcdliDg lUl bas been granted. Ms. Habenicht asked that these qllCllions and .-rs be rdlcelcd in the minutes so Council can refer back IO why they voted for il Council Member Wiggins commented that we would be shooting ourselves in 1hc fOOI by noc accepting ii, because we are going to bring waler from Bear Creek over here. Council Member Waggoner agreed that ii is a good idea. but just questioned the part when: tbcy changed the rules on us. He said anytime somebody changes the rules he wonders about it. COUNCIL BILL NO . 28. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN EASEMENT FOR IMPROVEMENTS ALONG TI-IE SOUTH PLATTE RIVER CHANNELIZATION PROJECT BETWEEN TI-IE COLORADO WATER CONSERVATION BOARD OF llIE STATE OF COLORADO AND llIE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 18 (a) (¥) • COUNCIL aD.L NO. 21. Ayes : Council Mcmllcn Vormiaag. Wiggins. Habenidll. Waggoner. Clapp. Burns Nays : None Motion carried. (ix) Director Black respoaded IO Couocil Member Wiggins conocmilag the awarding of a contraa 10 Alpine Pool and PIIIICr in the amouat oCS33.840.00 for reswfacing and oda rqiairs a& Sinclair Pool . Council Member Wiggins asked why -should in\'CII in the repair o( this pool if we will probably, within a year, be building another pool II Ibis oda locllion. He asked why -should spend the money rather than put a temporary palCh on it. Mr. Black said his guess is ii will be al least tbrcc years or so before the new pool is compldcd. COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM •• (a) (b). A CONTRACT WITH ALPINE POOL AND PLASTER IN nu AMOUNT or Sll,M0.00, FOR RESURrACING AND OTHER RD'AIIIS AT SINCLAIR POOL Motion carried. Ayes : Council Memben Vormiaag. Wiggins. Habenidll. Wagoner. Clapp, Bums Nays : None COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO APPaOVE CONSENT AGINDA ITEMS II C') (I). (II). (iii). (Iv) aN MON SECOND READING. I· • Ea&ieweN City C•acil April 7, 1'97 Pqe2!! (b) Appn,we OIi Secoad Radiag • • , . • (i) ORDINANCE NO . 21, SERIES OF 1997 (COUNCll. Bll.L NO. 19, INTitODUCED BY COUNCll. MEMBER VORMITI' AG) AN ORDINANCE REGARDING C-470 McLELLAN INTEROiANGE AU11fOIUZING NEW DEEDS FOR nus PROJECT WHICH REFLECT 11IE FINAL DESIGN CHANGES . (ii) ORDINANCE NO . 22. SERIES OF 1997 (COUNCll. Bll.L NO. 20. INTitODUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE AMENDING TITLE 5, BY ENACTING A NEW OIAP'reR 20. OF 11IE ENGLEWOOD MUNICIPAL CODE 1915, EN1Tl1..ED SPECIAL EVENTS. (iii) ORDINANCE NO. 23, SERIES OF 1997 (COUNCll. Bll.L NO . 21 . INTitODUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE REPEALING TITLE S. CHAP1cR 6, OF 11IE ENGLEWOOD MUNICIPAL CODE 198S . AND ENACTING A NEW TITLE S, CHAP1cR 6, EN1T11..ED ADULT ENTERTAINMENT ESTABLISHMENTS WHICH UPDATES. CLARIFIES AND BRINGS 1HE LICENSING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS INTO COMPLIANCE Will{ RECENT CASE LAW AND WHICH REMOVES ADULT ENTERTAINMENT EST ABUSHMENTS FROM ORDINANCE NO. 2S . SERIES OF 1996 WHICH PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO . (iv) ORDINANCE NO. 24, SERIES OF 1997 (COUNCll. Bll.L NO . 22, INTitODUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE AMENDING TITLES, BY ENACTING A NEW OIAP'reR 23 , ENTl11..ED PURCHASER OF VALUABLE ARTICLES AND AMENDING TITLE 7, CHAP1B 6E. SECTION 4, BY 11IE ENACTMENT OF A NEW PARAGRAPH E. OF 11IE ENGLEWCX>D MUNICIPAL CODE 198S . (v) ORDINANCE NO. 25 . SERIES OF 1997 (COUNCll. Bll.L NO . 25. INTitODUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE AU1lfORIZING AN INTER.GOVERNMENT AL AGREEMENT PERTAINING TO 11IE ENTERPRISE ZONE MARKETING CONnACT. BETWEEN 11IE COLORADO DEPARTMENT OF LOCAL AFFAIRS , ECONOMIC DEVELOPMENT COMMISSION ("E .D.e) AND 111E CITY OF ENGLEWOOD . Ayes : Nays : Council Members Vonaiaa&, Wigins, Habenicht. Wagoner, Clapp. Burm None II. Ordl ru,•1111 ..._ ... ......_ (1) Appn,we OD Finl Rcadilla ..... • . . " ••• • Eaglewood City Coaacil April 7, 1997 Paie 2' • 0 I• • (i) Direclllr Gryglewicz prcscnled a rccommendalion from the Dcputmcnt of Financial Services to adopt a raolutioa eslablishing fees for Special E-is licemes. He told Council that, Wider Chapler I of Tide 5, Couocil is required to set the fee by raollllion for the Special EYCIIIS licemes which they just appnJYed oa ecoad reading. Being a new license. he said, this fee is initially IICt a1 $25.00 for the lic:eme and SI0.00 to COYel' administntive aim. The raollllioa -amped a number and read by tide: RESOLtrnON NO. 45, SERIES OF 1997 A RESOLtrnON ESTABUSIDNG FEES FOR SPECIAL EVENTS LICENSES UNDER TITLE 5, CHAP1cR 20, OF TifE ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL MEMBER VORMl1TAG MOVID, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -RESOLUTION NO. 45, SERIES OF 1997. Motion carried. Ayes: Council Members Vorminag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays : None (ii) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt a resolution eslablishing fees for Purchaser of Valuable Aniclcs licemes. Mr . Gryglewicz said this license also requires the fees be IICt by raolution. At this time. it is being IICt a1 $250.00 for the license, SI0.00 for the application fee and $50.00 for the background check. Mayor Bums asked if this is a high fee because lllOR processing is required. Mr. Gryglewicz said there is more City staff' inwlwmcnt. The raollllion was assigned a nwnber and read by tide: RESOLtrnON NO . 46 , SERIES 0F 1997 A RESOLtrnON EST ABLISIDNG FEES FOR PURCHASER OF VALUABLE ARTICLES LICENSES UNDER 1111.E 5, CHAP1ER 23, OF 11fE ENGLEWOOD MUNICIPAL CODE 1915. COUNCIL MEMBER VORMITIAG MOVID, AND IT WAS SECONDED, TO Al'PROVI AGENDA ITEM 11 (a) (ii) -RESOLUTION NO. 46, SIRIU OF 19'7. Ayes: Council Members Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. (iii) Direclllr G,yglewicz plaemod a reonmnrod#ioa from the ~ of Financial Services to adopt a raolulioa ........ liDel for Adult Ealenain-a lia:nles. Mr. Gryglewicz told Council tllal dais raollilioll .u die ....i ud iaitial fees for Adult ~ licenses al $2,000.00 and the applic:llioa fee• $10.00. Council Member Vormiaaa allled MIi -dlarJDd ~-Mr. Grypewicz said this ii iD liDe widt what was ...,..ishcd prior, aldioup •do• !law any ~•dais n-. ...... I· , • ~ City C1111acil April 7, 1997 Pq,e27 • 0 • The raolution was assigned a number and read by tide : RESOLtmON NO. 47 , SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR ADULT ENTERTAINMENT ESTABLISHMENTS LICENSES UNDER TITLE 5, CHAP1ER 6, OF 1llE ENGLEWOOD MUNICIPAL CODE 1985. COUNCO. MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITUI II (a) (iii)-RESOLUTION NO. 47, SUUES OP 1997. Council Member Habenicht alllllllCIIICld that she really bales the name Adult Entertainment. She said she would like to call it more like what it is and she said she knows they have discussed it in Study Session. She said she would just like to state for the r=ird that she thinks it should be called something else:. Motion carried . Ayes : Council Members Vonnittag. Wiggins. Habenicht, Waggoner. Clapp, Bums Nays : None (b) Approve on Second Reading There -no additional items submitted for approval on second reading. (See Agenda Item 10 (b)- Consent Agenda.) 12 . GeaenllNlcmliN (a) Mayor's Choice I . Mayor Bums reminded~ that M have a facilitation between the Council and lbe City Manager on SalUnlay M SMldisb HOlpital . He urpd ~ to allllC, opining that ii should be an excellent sasion. Council Member Habenicht asked if lbe City Anomcy is illcluded. Mayor Bums rapondcd affinnatively. 2. Mayor Bums advised 1h11 be at1aldcd a mecling initially called Transit 97 , which is a group of all manner of business people and intcreslcld groups and eaviroa.-tal people wllo are suppol1ing the issues tbat they hope to bave on the ballot. This illcludcs the illaeae ill die R11> sales tax 6-.6 to one cent, and the statewide vote on lbe psolinc tax. There -a larlC c:aalilioa of people wllo met down aa lbe Denver Chamber office wllo are orpniziaa to lack diee -of vilal i-.aa ia tramponalion. he said. Al this mecliag and M die mayors' ---ud DRC'OO dley -saying 1997 is die year for tnnsportalion planning and filnding for lbe DaMr meao -ad ...__ 11ley are going to be mecliag IIIOlllbly. be said. ud dley bave ---... baa ... -... fDfaed ud r.d rai9ers in order to cbampioa this -· Mayor Bums said he will be going tiom tu. to tu. to panicipale in that. 3. Mayor Bums aid DRCOG called bec:aus dley me a lprilla---. whicb they pay ilr if you allClld, in Colorado Spriap on April 11 and 19 . If M aid lip llavilla -, vilioailla ma:liq wit.b die citizens. be said. be will 11111 be able IO 10 to t.bll. He is. lloMYcr. lalllMly sipad up to p>. 4. Mayor a.ns lllid be IIICllded a --.i ... n.ndly M lk Malley Ccmcr abOIII Deu A*-'s Street Beal OD pap ad 11111 Klivity t.bal -YC1Y ~-He aid dlele -abOlll 40 or 50 peaple ~ T1lnllip I 8llll ltp, be aid. lbc Eqlcwoad police allm'I wllo -,till dill --.. dlele . I ·. • .r--------------------------- Ea&lewood City Coaacil April 7, 1997 Pace 28 0 - He said they were warned at the session that the SUIIIIIICI" ol 1997 may be a really tough year with gangs and suggested that WC all be vigilant about that and keep track af any gang activity that WC find in Englewood. (b) Council Member's Cboicc (i) Council Member Clapp : I . She followed up oa a requesa tbll she made oa Man:h 17*' oa the II01IUltiDg arvuad the tchools. She said she still bas not gotten a bullet point lc:aa' to send to Mr. Bennett explaining what she UDdenWlds is mostly a petitioning p,ocess. 2. She asked for clarifk:llion from Mr. Stanley reprding bis memo of March , ,-. It said it weal to all of Safely Services. Mr. SlanJey said it went oa1y to the four division chids. 3 . She asked what the amount is that wc currently have out on loan for concrete repairs. She said she would be curious to know whal is outstanding. Mayor Bums asked if she means all of the citizens. She responded that. yes. she would like the dollar amount. Mr. Esterly responded that it would take a while to cakulalc that and it wiU get to be very complicaled. He said we can answer the qucstioa about bow much is out on loan, but a key clcmcnt that goes along with that is some people hid the work done at the same lime and they paid a hundred percent. Also, some people did the work tbcasha and didn't use the City's money and would have oa:umd at the same time. But. be rcpcatcd. we can answer the question about bow much is out on loan. Ms. Clapp said she is ~ about bow aac:b is OUl oa loan and bow much of that would be senior citi7.cns OIi a fixed i-. Mr. Eacrly said WC clo 11111 have that information . He said tbcn: is a program for Rniors or others who 1laYc diffiallty paying wllad,y they can defer that until the propcny changes buds. Ms . Clapp asked if the lady.._ tllis cvcaiag. who Slid sbc would just like it to go away. could act11a11y defer it. Mr. Eslcrly said yes. -.iag llcr fiaucial sitlltlboa jllllifics that. Mr. Gryglcwic:z said the-no addreaal COllllcil Im ahady def'crrcd her loan. Council Member Wagoacr opillcd tbll wllal -of die peaplc cloa 't llllllentud is tbll -we have hid an ordinw:e on the boob for a 1oaa tiac tbll allliplll tllea IO be 1>e11i .._ for their sideMlb. (ii) c-:il Mcabcr Wauc-r. I . He rccalled that. • die &all Study Scllioa. ~ -.-d a 1eaer of.-10 die Mlaut of Ouldoor Ans aad woadaad if uydliJII is ia die ... b dial. City Attorney Brou-Did lie belina tllcre is a 111111U11 11111 -10 U1r.e place._ City M-.,cr Clalt and their ....... prior IO tllll leaer beias fm I,.,., He aid lie will clla:t ... Mr. a.t l'ffill'nl. 2. He said tllCl'e -a 1eaer ia c-1'1 .... ha 5-lt' 0.-. ...... ID c-iJ ia w11ic:11 sllc llld _.. .--. Qllatills a ..... ill Ille 1-. lie .... ·W11o-.. )'1111 ill,,_. ClpKily. lclden of die Cily of~ -1qw '• Di11rica Ir He llid die w lO 11111.--ii 11111 all oldie•--. c-1 ...._.. _ .qw 1 Dillllcl I wl if* Im aay qllllliw * ca call .. •· 0 • l:a&k• ... City Caaacil April 7, .,,, .... 2' • • • ay llltbe three. The other three qaellioal ia die '-r ._.. llaw .._...,_...,die Cily Mauger, lie opined. because those arc man g ....-... -• «-wlllll by c-:il. (iii) Council Mmller ltaeaidll: I . She told Council wlllt a~ ii -ID~ die Pll'Y ...... Clirillia Blaabq. She reminded Council that a pmdamMioe ia ....-111M1. ....... die ocx:aioa Ill• IIUIClly-llialh binllday -paaed by Couacil ia Mada. SIie aid ... c.-:il Melllier Vonaiaag allO aamled and dierc -a lol lllp1as-.e. SIie aid Ml. Blalllbera ii a.....,.. -wllo does a lol 1111d pa a lot Council Member Habeaiclll dlalllled cws,._ wllo -"a wi6 die vic:lias' --.:e people and said Ms. Blomberg is one llldle ,any people no wort with diem. She said it -a real pleasure and a reallaa. Council Member Vormiaag CXIIIUllellled OIi haw fall Ms. Blomberg does things. He said she can creare a blanket a clay . Ms. Habenicht added dial Ms . Blomberg does cxcdlent work. having made uniforms for a living. 2. She said she lhinks the CXIIIIClll qenda is confusing and asked that the way of doing it be revised. She said it says approve on finl rading and some of these lhings only require one rQding. She asked that it be clarified OD the agenda. 3. She said that thanks to Council Member Vormittag, she attended a meeting today about a possible cclebralion around the demolition Ill Cindcrdla City for people to go in and say some son of goodbye. The meeting was primarily with the Chamber and other interested people who arc looking at providing people with an opportunity to have one ... look inside the mall . She told Mr. Vormittag he was welcome to come to the next IIIClding with her. 4. She mentioned that the Parade Association is meeting Ibis week and added that she would be happy to represent Council again in that capacity. This year should be easier because most of the funding is in place. Council Member Vormiaag llllked if there is a cbance cl .,uing Amy Van Dykcn again this year. Ms. Habenicbl said she was asked and aid if sllc could she would. Sbc aid Ms. Vu Dykcn is a ranarbbly gracious young -- (iv) Council Member Vormiaag said be lbought Council did a really p,od job toaigbt in the bearing by asking queaiom and saving a lol cl time by USMricg people 's quesliocs. He thanked Director Esterly and Mr. KaluD for. p,od job. 13 . City Maup-'1 .... Ma)U Bums thanked Aeling AaillaDl Cily Manager Stulcy for Ulltillllia& for City Mauger C1u1t and for all the pbone calls the Mayor Im made to bim this week Fiaa aw:r the qalda ud USMricg queaiom. He said be very aldl appnici*5 Mr. Slalllcy taking up die llact lllil --wllile City Manager Clu1t ii OUl cllOWII . (a) Acting Allillanl Cily Maager Slalllcy noted die Ciadelella City Slabll Report - included in Council . s paclid. 14 . ...... ... I· • • \ , • • . . (a) City Aaaraey an.-,a 1 1 Caw:il appnM a aalioa for die lllllmrity ta sip 111c 1caa-m...,..i for die,...... c...-ta die E11waaaea1a1 Pnllec:lioa AfPC'I a...a m Decisioll. He aid dlil lllllllkl 1111111m W cxpcan • die cap• W Lowly .... 2 ud added Pllll it is rmllll niquinld ader w...,. 7.. 7 Pllll we MW widl 0.--and Walle M I M COUNCIL NUIMII WIGGINS 110VD. ANa ff WAS S1.CON9D. 10 DCOIOIDID 11D CffY ATl'OIIND' TO Al'l'IIOVE 'ID L&'l'Da ANlt AU'nlOIIID nm aTY Aff'OIUUY TO SIGN 'ID UTnll OP lllftOllT ,oa nm l'IIOl'OID CIIANGIES TO 'ID EN\'IIIONIDNTAL l'l'OnC'l10N AGENCY ll&COIID OI' NCIIION. A,a: c.-:il....._.Vonaillal,W---.lla ·t w.....-.Oapp. Bwm Nays: Naae 15 . Mjw ~-~---···"~ City . ' • . • • 0 '32xl 0 4-08-1997 12 ,4SPM Clean, Green• Proud Commis•ion City of Englewood 3400 So. Elati Street Englewood, CO 80110 Ap:ril 8, 1997 • • To:Members of the Clean, Green• Proud COllllllis•ion From:Linda Fudge It i• with regret that I muet relinqui•h my position on The Coaiisaion. Due to various peraoaal and work related responaibilities I ban encountered I feel I am unable to acSaqu.tely perfor,n the duti•• required, at thi• time. P .2 I will begin ••arching for a replaceaent within the &vediah System ianediately, hopefully, prior to your 3une .ppointment •chedule. Pl••-kffp me in mind if you ha,,. specific evanta that you may need •••iatance. Clean, Green• Proud ia a wonderful group and your C011111itment is inspirational. Thank you for your consideration. 8 a .. - - • . .. • .-<. CITY OF ENGLEWOOD PAVING DISTRICT #38 t I PUBLIC HEARING APRIL 21, 1997 ' . . .. • • • <. ... PROPOSED SCHEDULE FOR PAVING DISTRICT NO. 38 W1JH BOND SALE Monday, March 3, 1997 Monday, March 17, 1997 Thursday, March 20, 1997 Friday, March 21, 1997 lbursday,March27, 1997 lbursday,AprilJ, 1997 ~ Maday, April 21, 1997 Monday. Mays. 1997 Thursday, May I, 1997 Monday, May 19, 1997 Thursday, May 22, 1997 Monday, June 23, 1997 Monday, July 7, 1997 Tuesday , November 4, 1997 February, 1991 Thursday, March 5, 1991 Monday, March 9, 1991 Thursday, March 12, 1991 Thursday, March 19, 1991 lbunday. March 26. 1991 Monday, April 20, 1991 Friday.April 24, 1991 List of sttcets available for Council. Coasidcr resolution ofinlmtto form Paving Dis1rictNo. JI. Finl publication of'Nolice. NOlice of Deferred Aamsmeat Pim. Mail notice of inclusion in District and public bearing to all affected propcrtY owners. Include Demred Assessment Plan. Second publication ofNotice. lbird publication ofNoace. Pablic..,.. •.. _... ofJ>iltrict at 7:30 p.m. Imroduction of bill form ordinlace creating the District. Publication of bill for ordinance. Final radial of bill for ordimDce. Notice to Contnetors authorized . Nonce ofDefa'red A I cent Plan. Publish • -ordinance. Qrdiuace to y~ for boad sale. Bondsalc . l st Notice to CulllnldDn. Plaas and Specs available. 2nd Nocice to Cocmrm. 0,-bids ll l 0:00 LID. A ward coasauctiocl coanct. Curb, paer. sid8walk permit cut off ... • . .. ,,; • 0 '32xl . .. ·. • "· ... PBOPOlfD SCHEDULE FOR PAYING DISTRICT NO, R WITH BOND MLE Con't. Friday, May l, 1991 rml ct.a for~ c:aacna caallrDction (flaible). Mmday, May 4, 1991 Friday, Oc:loblr 2. 1991 Nov.JDec .. 1991/Jaa.., 1999 Feb./MarJApr .. 1999 Sepmmber, 1999 Jauary l, 2000 Eat. ct.a Slat of COllllnmaD (ISO -,s). Eat. ct.a of campled,:,n of ccmuuc:aiaa. Compile I - At I .. procell • OrditllncelPm,t Hearing. Certify I I l-1D Comly. 2 • ; , • ... . ~ - PROPOSED SCHEDULE FOR PAVING DISTRICT NO. 38 WITHOUT BOND SALE Monday, March 3, 1997 Monday, March 17, 1997 Thursday, March 20, 1997 Friday, Man:h 21, 1997 Thursday, March 27, 1997 Thursday,AprilJ, 1997 ~ Moaday, April 21, 19'7 Monday, May 5, 1997 Thursday, May 8, 1997 Monday , May 19, 1997 Thursday, May 22. 1997 Monday , June 23, 1997 Thursday, March 5, 1991 Monday , March 9, 1991 Thursday, March 12., 1991 Thursday, March 19, 1991 Thursday , March 26, 1991 Monday , April 20, 1991 Friday, April 24 , 1991 Friday, May I, 1991 Monday, May 4, 1991 Friday, Odober 2., 1991 List of strem available for Council. Couider resolution of immt to form Paviq DiSlrict No. JI. Fint publicalion ofNotic:e. Nocic:e ofl>efem,d Aaessment Pim. Mail llObCe of inclusion in DiSlrict and public bearing to all affectm property owners, Include Deferred AW Pim. Second publication ofNocic:e. Third publication ofNoace. Pale ........ ......._ ofDilb'idat7:JI p.a. lmroduc:tion of bill for III ordinance crating tbe DiSlrict. Publicarioa of bill for ordinance. Final radial of bill for ordimnce. NOlic:e ID Conncrocs IUlborizled. NOlic:e of Deferred Ates near Pia. Publisb •• ordilllDce . I st Nocice ID COlllrlCIOrS. Plaas IDd Specs available. 2nd Nocice ID COllll"ac11Drs. Open bids ll I 0:00 LID. Curb, pllm'. sidewalk pamit CUI off da. Final dMa for~~ camlnldiaa (ftaible). Ea. dMa mn of CClllllnlC1iaD ( 150 days). Ea. da of campleliaa ofOOlllftl:doL • I· 0 • .. • ·, • <. PROPOSED SCHEDULE FOR PAVING QdIRICI NO. H WITHOUT BOND SALE. Con't. Nov.JDec.. 1991/Ja., 1999 Feb./Mar J Apr., 1999 Sep!nnber. 1999 January 1, 2000 Compile I DMD A11 wntpracea-~Hwmg. Cenify I I wnts 1D County in die farm of a lien. Lieu payment clue (payable wilh property tms). 2 ' ' .. • <. PROPOSED PAVING DISTRICT 38 I ·--.... -·--- 1 .... -I I ---• ' r~~ I •iii I I --·-~; !5 lllilali§ ;I ---..... I'/]-,~ I ~' i--·r-, -I ' i I t-,1. .. -. +~ I 11 -, I -~1-IIO st:AU : : ft I I -I I 'Iii I c:::r5 1;..--l ~ // I ' 1 1 l lllHl JIii ; Li I I I 11111 l --r---~ ,~, ' I I I n I ! II . n • L.,., I ! I '1 .... -l I ~l ! I U,.l, .. .,; • I ti I u, I I ~~ ---5 -'I I I ~11i~~.- ii I / /I .. 11 111 ~ I ·- I -J I 1 1 1o I I - .. ----IU.- --- /. I -u:: • I I .. -I ~ I I I I ' ,li JI L I I -• I -·-I ·-··~ I r _Ij IC /_ I I I I h,·~ ---·-~~~ i I I I I I -_J_ 'I!;::, 'oil --F;II I I 1 --"""'-· ---,::;: I ' ·-l.~ .... _ I I ! ~ r -I ~ i"""!: --, • ;"1"'! i I -i I I I I (J) '. -~ ~1 -1 I I I I e I T .. = - ---- I I &. ------ • 1300-1500 W. Radcliff' A YeDUC I • 1300-1500 W. Slmfonl A YeDUC • • 1400-1500 W. Thoma AYeDUC • 4600 S. Beverly Drive • 4600 s. OanleD Screet • 3400 s. Emenaa Screet • 4300-4500 S. Win tennere Screet • I 000-1500 W. Premice A vemae • 300 W. Jefta w A venue • 1 32 ' . .. . ~ . I . ..I ·' -I I • 0 / . •• ~ •ublic Hearlno City of Enolewood PAVING. SECTIONS FOR PD•38 1---•. , '-----1 2}z[j ''"" , "''.,._ _ AO' Wide -.M.28 F.F. Per Side (Pawing Only) •• MonollNc (VC.0 w/llltlchld 4' Walk) ~6.s' --I ENGLEWOOD •• Monolithic 20' Wide -'27,00 F.F. (Pawing Only) ''Priced baHd on Eatlmated 10• Wlcllh r-6.s'--{ LITTLETON f-5.25 '-I Gib&lb-t t ,::,:•::.___-------==::::::~~~ •• Mc,nolllllie 32' Wide -'32,IO F.F. Per 8lcle (Pawing Only) 4•Cu,boNIII l'Mol.olllkl Slandlard ANrlUe Prentice Avenue Emerson Street 11e• 1· • 90' -X N M ... • .· ~ e a I { ...f . .: ' • 'UUIIC Hea1111y l..lly UI tll\jltiWuucJ PAVING SECTIONS FOR PD•38 ~2.5~ Gk{ ~ ...... , ,.';'.; .. ·l .: ... ··: .-:-:;:~ VC&O only 30' Wide -.it0.75 F.F. Per Side (Paving Only) 4"Mo111011No (Ve.IQ w/altac:hed 4' W .. ) ~4'~ ~ :::::::::: ------:-------..I~ 9" lndullrlal V-Pe-. 2,• Wide -.32.50 F.F. Per Side (Paving Only) e• 1nc1u11r1e1 v-Pen 24' -------' E ~r · ~ ~· .. , ·;·\::·,;·:~-.~.~~'-'1· ... ,, .. ,,..~·.·····"·'' ""/ .. :·.···)··.·,,.;.·;~~~-~()' ' b 0 ' ilt.,•:.,5>1,•'°'''•: "''J• It ·. 8" Thick e• Concrete Street Paving 2,• Wide -,12.00 F.F. Per Side (Paving Only) 0 • Windermere Street Beverly Drive Garden Street Thoma·s Awenue - Jefferson lwenue k ... 1"•90' X N M ' • .. . " • (, TYPICAL CONCRE IE SECTIONS PER RUNNING LINEAL FOOT Ala. u IFIIJf llr"--,~~~~~M~~~IP.m,.=~i;;JI-.~~----~ c... , ...... , ...... 111.21/Lf I -·--·a,na wm, _ .... __ _ -_,__ SECTION OF VERTICAL QJR8 a GUTTER a SIDEWIWC c... , ...... r "** 121.n,ur Canat ...... If' llklk llO.CICIII.F ,· c... •1111111u r '** m.oa,u= Canat.~11UMJI ......... ...., c-. cu..-, ........ ..., c...cu..-, r ... ••• -QMr ..... llllctlna coat, w111c11 .. • II al1ll1II Ill ............ ..: eoncr.e. Sawing and.....,.. a ll1pl1a •••nt o1 AapW .. • t , ----------------···--------~----------- • • PROOF OF PUBUCATION THE ENGLEWOOD HERALD STATE OF COLORAOO ~ ss CCl..NTYCFARAPAHOE f I, ~ J. 11-.y do solermly SW9a' hit I an h Plwll*a .. and Pti11161Wd ... EtJQIIMxld,,.,. thll h -is a weeldy l'l8Wlpllpll ~ n t. cay of Uffleton in the Ccu,-y of AlapMoe. Slate of Cololado , and has a general ~ "*9n; ... said newepapm la been published continuously and ~nsaidQ:utyd ..,_.. tor a pericd d men Ni 52 W9lks s:nar111 ... 111st p,...,., d .. amexed nallce, 1111 said~ ii er1lr9d n h Par Olice d L.Malbl, C'ollnci7. as second class mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, ~ March 30, 1923, and erdled 'legal Notbts and AdvertisemerCs" aR1 other acts relating to the printing and ~ publishing of legal notice and was Q 5 pi.dstlad in 1t1e ~ aR1 .... --" said newspapei, on:e eacn week. on h same day d eac:n week. ~ for a period of ......... ~................. I-- consecutive insertions : that the first Z: publication of said notice was in the 52 issue of said newspaper dated • ~.//iu~d?:.Z,9.9..7 ! and !~last publication of said notice el was in the ~e of sa;q newspaper ,,.. /) .r, , /,/ /') dat~,f ·~~/~r.l.7 -s\/.;':::/f ~~ Subscribed and sworn to before me . a Notary ~lie. this .... /t::J.::?!-- .U /~,;········ 1997 a.~~ o a y ub c u .. ~ = __ ..,_CG11111111an __ ~_7_.._ ___ ~ . ,~ • ,. J .t JJ •~ i I J it H1 ·_11t 11 5g "1·1 111 It 11 ,.. 1 i .. 1 h e J ~u l JJ 1· 11' i! i1 . di tii 1.1, ,] Jh J{.t I ~, 1.1 1lJ . I]' f~J JI' Ii H· ~! 1 llfJ U J•J 1,J e11 •• ti. htl .. 11 . J J1 t•h . 11~1Pl ~ I ·11Ii 111 , ... ,., 1·11· ti 11:.t • : Ill ,!f . J f' .. , .. 1n • 1 lllli!Q 1li1 ·11·1,1· h.l 11 j1JtJl !IU 1 I t•1f l1if ... • i ' ht! ih du . ' , . - I .. •· PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO ~ ca..NTYCFARAPAHOE i ss '· G«ard J. 1-.y do solermly swe. 1hal I am Ile ,,,..,,.,. and PtallJlw d lhe En(1lllwood Hetad It& 118 sama is a weeldy ~ Pl,dlh8d n h Cly - ol Littleton in the Ccut1y of ..,..,.._ State of Coclado . and has a general c::iallalion hnlii; .. said rllWIPIPil ,_ been published continuously and ~nsaidCourlyd ....... tor a period d mn hn 52 Wlllas pta,ID ht 111st Pl Ncabn d h amaxed nDllce. ta said na l$llP8I is ...., n ,. POil Office d ~ ~ • 9Dllf class mail maner and that the said newspaper is a newspaper within the meaning or the act of the General Assembly of the State ol Colorado, IIR)ft)ved Marett 30, 1923, and e11111ed '1.egal Nolces and ~ ard other acts relating to the printing and t; publishing of legal notice and was ~o ~i'lh~ander119iSaad said IWAspllS)el'. cn:e ead'I week, on .. same day d eacn week. ~ lor a period ol ......... 0.................. t,. consecutive insertions : that the first : publieatiOn of said notice was in the ~ issue or said newspaper dated _ ~)/tZd.~c.6:.Z,s.9..7 ! and tne'"last publication ol said notice 0 was in ttle ~.ue or saiq newspaper ~ d~t~i~·~~/c?,8.7 -s\il;;:;.7 ~~ Subscribed and sworn to before me. a Notary Public . this .... /k.'.~ .et .... ~:~j/~ ..... 1997 \ .. / L~bL C.,:1...~7.1!M'Z--t~; Pub li c u :s = __ My_Q)mrnlUIIIII __ . -~-· -7~ ____ 5: • . ' • • . . . . T • .. I· . " ·, • . ' COUNCL COMMUNICATION .,. Ageildalllffl BIi for• ~:..J • new Aprl 21, 1117 Cllllpler 21 In TIiie 5 of a. City 10 a 1 Code. Thll .. emllllll'I a Body Plln:q ElllllllllhmMa llcalN In lleCllvof-........ ., IF ... -......... of Flnancllll a.vie. . Dlr9c*lf' COUNCIi WL AND PREVIOU8 COUNCIL AC11DN Thll propoeed 1111 far .. Oftll•ice 0.-a MW Cllllpler 21 In TIiie 5 of the Cly Code. This wlll lllblblish a body plealg ellllllllltwllMI llcalN In 1118 City of Eiiglllwaod. This action Is• ....a of City Council's concerns ,.....-the hNllh and lllfety of a. clllzens of Eiiglllwaod. City Council cllcl..., Ills llcaa wllll llaff • a. lludy ....ion held on Aprl 7, 1•. IIECOIRIENDED ACTION Staff l'IICOIIIIMlldl City COll'ICI approve Ills 1111 far• onlnance. UCKGIIOIN>, ANALY8111, AND ALTBINATIVU INNTI B Cunwllly, the Cly dOes not llcaa body piercing......,.. ..... The llcalN w dlaft9CI In,..... to concerns over hNllh and safety --. • ... a lNIICIIS Ullng 1118 .,,,_.of• body piercing estallllstlment. No llllemallves ... ldenllfted. FINtMCIAL .. ACT The City of Eliglllwaod dOes not QIINnllJ colllc:l fNI fartllls ...... The ...... -not been set. required bJ 1118 IINly CINled Cllapllr. The ........ Nlllng fNl ls ...... ID go ID City Council on May 5, 1117. The amount colecled wll mOll lllaly not be llgillllc:at. UIT OF AffAClaBTS ~ of 1118 popoeed 1111 for• on11nm1C8 ·- .. • , • ORDINANCE NO. _ SERIES OF 1997 • • BY AUTHORITY ABn.LFOR COUNCIL Bn.L NO. 30 INTRODU~UNCIL DIIBBR ~ AN ORDINANCE ENACTING A NEW TlTLB IS, CIIAPl'IR 21, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED BODY PIERCING ESTABLISHMENTS AND AMENDING TITLE 7, CHAPl'ER 6E, WITH THE ADDITION OF A NEW SECTION 6, ENTITLED BODY PIERCING. WHEREAS, the Englewood Municipal Code does not currently license or regulate body piercing establishments; and WHEREAS, the Englewood City Council bas aet the goal of improving the bwriness and residential quality of life in the City; and WHEREAS, the licensing of body piercing establishments protects the health, safety and welfare of the public; and WHEREAS, the City wishes to exclude qualified medical practitioners performing body piercing for specific medical purposes; and WHEREAS, the City requirel body piercing eatablishmenta to operate in accordance with applicable municipal lawa and state lltatutea; and WHEREAS, the City requires body piercing establishmenta to operate only at the licensed location; and WHEREAS, the City requirel the liceme holder to comply with all reuonable conditions to prevent a nuiaance, and sw-ve the health, safety and welfare of the community; and WHEREAS, the City requirel the liceme holder to have camprelmaaift ,meral liability inlurance to protect the public &om any harm cauaed the li-bolder; and WHEREAS, the liceme bolder ii not allowed to perform body pierciq OD any minor or pa,-under the inft.-al alcobol or dnap to protect tbme .,._a &om harm; and WHEREAS , the City does not allow the transfer ofthil liceme to another locatiOD or person ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AB FOLLOWS: Sec;tigp 1. The City Council al the City al Enp,wood. Colarada ...eta a new 'ntle 5, Chapter 21 , entitled Body Piarciac EltaNiab-t.a wbicb lball rwl • faUowa : .. I· I \ • . , . • '· CHAPl'ER 21 BODY PIERCING ESTABLISIIMENTS SECTION: 5-21-1: Definitions 5-21-2 License Required 5-21-3: Application for License 5-21-4 : Special License Requirements 5-21-1 : DEFINITIONS: : IN ADDITION TO THE DEFINITIONS LISTED IN E. M. C. 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS RELATING TO THE LICENSING OF BODY PIERCING ESTABLISHMENTS , THE FOLLOWING TERMS, PHRASES, WORDS, AND THE DERIVATIONS SHALL HAVE THE FOLLOWING MEANINGS : BODY PIERCING: BODY PIERCING ESTABLISHMENT: DBCOll,\11VB JBWBLRY OR Ol'IIEll DBCOBA110N: ANY METHOD OF CREATING AN OPENING IN THE HUMAN BODY, INCLUDING BUT NOT LIMITED TO THE EAR, EYEBROW, GENITALS, LIP, NAVEL, NOSE, OR TONGUE, FOR THE PURPOSE OF INSERTING ANY DECORATIVE JEWELRY OR OTHER DECORATION. ANY CORPORATION, COMPANY, PARTNERSHIP, OR INDIVIDUAL THAT OFFERS OR PERFORMS BODY PIERCING FOR ANY FEE, CHARGE, OR REMUNERATION OF ANY KIND . INCLUDES, BUT IS NOT LOOTED TO BARBELLS, BEADS, CHAINS, CLASPS , EARRINGS, RINGS, SPIKES, STUDS, OR TUSKS . 5-21-1: UCENBB ll&QUlllBI): IT SHALL BE UNLAWFUL TO OPERATE A BODY PIERCING ESTABLISHMENT IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR QUALIFIED MEDICAL PRACTITIONERS IN THE NORMAL COURSE OF THEIR PRACTICE . THIS LICENSE IS REQUIRED IN ADDfflON TO ANY OTHER LICENSE REQUIRED BY THE CITY OF ENGLEWOOD IIUNICIPAL CODE . 1-21-3: APPLICA110N POil UCKNIIB : BODY PIERCING BSTABLISHIIBNT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTBR 1 OF THIS TITLE . 2 ., I· 0 -----------------------.,------------------------,.------- • • t• - 5-21-4: SPECIAL LICENSE REQUIREMENTS: IN ADDfflON TO ALL OTHER PROVISIONS OF TlllS TITLE, THE FOLLOWING SPECIAL REQUIREMENTS APPLY TO TlllS LICENSE : A. LICENSE HOLDERS ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND STATE STATUTES . 8. THE PREMISES MUST BE MAINTAINED IN CLEAN AND SANITARY MANNER AT ALL TIMES. C . ALL EQUIPMENT USED FOR BODY PIERCING MUST BE SANITIZED IMMEDIATELY BEFORE AND AFTER USE. D . A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH CUSTOMER. THE NEEDLE MUST BE DISPOSED OF IMMEDIATELY AFTER USE. E . THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH CUSTOMER WITH WRITTEN INSTRUCTIONS REGARDING THE AFTERCARE OF BODY PIERCING. F . LICENSE HOLDERS MAY PERFORM BODY PIERCING ONLY AT THE LOCATION SPECIFIED BY THE LICENSE . G . LICENSE HOLDERS SHALL COMPLY WITH ALL REASONABLE CONDfflONS NECESSARY TO PREVENT A NUISANCE AND PRESERVE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. H . LICENSE HOLDER SHALL AT ALL TIMES HAVE COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100,000 .00) PER OCCURRENCE AND AGGREGATE . I. LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM BODY PIERCING ON ANYONE WHO IS UNDER THE AGE OF EIGHTEEN (18 ) UNLESS WRITTEN PERMISSION IS OBTAINED FROM THE MINOR'S PARENT OR LEGAL GUARDIAN . THE WRITTEN PERMISSION MUST BE SIGNED BY THE PARENT OR LEGAL GUARDIAN AND KEPI' AT THE LICENSED PREMISES FOR THREE (3) YEARS FROM THE DATE THE BODY PIERCING IS PERFORMED . J . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM BODY PIERCING ON ANYONE WHO IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS . K . BODY PIERCING ESTABLISHMENT LICENSES ARE NOT TRANSFERABLE TO ANOTHER PERSON OR LOCATION. L . ALL PERSONS PERFORMING BODY PIERCING MUST BE OVER THE AGE OF EIGHTEEN (18). 3 ) 0 I· • • • M. NO PERSON SHALL PERFORM BODY PIERCING WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. N. ALL PERSONS PERFORMING BODY PIERCING MUST BE SUPERVISED BY THE UCENSE HOLDER. Ses;tiop 2. The City Council of the City of Englewoocl, Colorado hereby amenda Title 7, Cbapt.er 6E, by the addition of a new Section 6 , entitled Body Piercing, which shall read as follows: 7-8E-41: BODY PIBBCING: IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM BODY PIERCING ON ANY MINOR IN THE CITY OR ITS POLICE JURISDICTION EXCEPT WHEN: A . THE PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) HAS WRITl'EN PERMISSION IS OBTAINED FROM THE MINOR'S PARENT OR LEGAL GUARDIAN. THE WRl'l'TEN PERMISSION MUST BE SIGNED BY THE PARENT OR LEGAL GUARDIAN AND KEPT AT THE LICENSED PREMISES FOR THREE (3) YEARS FROM THE DATE THE BODY PIERCING IS PERFORMED. B. ALL PERSONS PERFORMING BODY PIERCING MUST BE OVER THE AGE OF EIGHTEEN (18). Sec;tiqn 3. Lic:eue Fee: Liceme feea far tbia Chapter aball be determuuid and set by City Council iD accardance with 5-1-8 oftbia Code. Sec;tiqn 4, Licmaa required: It aball be UD1awful for any per.m t.o act • a body piercinc eatablilbment without &nt proc:uriDc a liceme. All prcmaiaDa ol Chapter 1, of tbia Title are applli:able • well u dime apecial prcmaiou liated below. Sec;tigp 5. The Eqlewood City Council eateNiabed a t.-apanrJ auapmaioa er moratorium ol certain minlaneous buaiaw liclllw far a ,-iDd of m mamba with the p-. of OrdiDaDce No. 26, .._ ol 1996 and --tbl faUowiq licemes &om the moratorium: Body Piercing Establiabment Licema. Sec;tiqp § SaflliY Clapy• Tbe City CouDcil, 1-'lbJ tlada, ~. and declares that tbia Ordinance ia promulptad aadar die ,.....i police ,_.. of die City of Engl-ood, that it ia promulptecl far die bNltb, uflty, and welfan ol die public, and that tbia Ordinance ia n--,y far die sir--,atima ol bNltb and safety and for the prot.ectMm ol public con'fflli-and welfare. Tbe City Council further determinN tblt the Ordinance bean a ratiaul ralaCiaD tD die proper le,ialative object aoupt t.o be obwned. Soc;tigp 7 ScY1ubility If any claw, 1mtaace, panpapb, ar pat of tbia Ordinance or the applicatian t.blnaf' ID any ,--ar CU'CIIIUmlCel lball far any reMOD be a.ijudpd by a court of C'IMDpilCmt jllriadidiaD iDYalW, _. jaclpNDt ahall DOt affect impair or iDnlidate die remainder of ._ Ordiaaue ar lta application t.o other .,...._. or circmn--... 4 .. • • ·, • $ec;tion a Innmeiuent Qnlin1nc;11 All otbm-Ordiun-or portiona thereof inconsistent or conflicting with this Ordinance or any portian hereof are hereby repealed to the extent of IIUCh inconsist.ency or conflict. $ec;tion 9 Effec;t q( rmeel cw: mpdific;atiop The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance aball not release, extinguish, alter, modify, or chanp in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which aball have bem inc:urred under such provision, and each proviaiOD aball be treated and held u ltill remainiq in force for the puri-at austaiaiDg any and all propa' actiona, auita, proceedinp, and prosecutiona for the enforcemmt of the penalty, forfeiture, or liability, u well u for the purpme of austaiaiDg any juqmmt, decree, ar order wbidl can or may t. rendered, mtered, or made in such actions, suits, im-Jinp, or proaecutiona. $ec;ti111 10. bn.altx, '!be Penalty Provision of E.M.C. SediOD 1-4-1 aball apply to each and every violation of this Ordinance. Introduced, read in full, and pused on fint readin, on the 21.at day or April, 1997. Published u a Bill for an Ordinance OD the 24th day of April, 1997. ATTEST: Loucrishia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of die City of ......... Celando, __, cartify that the above and fonpiq ia a tn. oapJ of a am for• 0. If ==· iD&rodacld, read in full, and puaed OD tint readiDs OD tile 2lat day of April. 1117 . 5 . ( - .. • ,. . ' • <. - COUNCIL COMMUNICATION Data ......... Subject April 21, 1997 BIi for an onlnanCe creallng • new Cllapl8f' 25 In TIie 5 ol tlllt Cly 10 a ii Code. Thil wa Nlablllll • SecDI ..... DNllr'I ucer.e In .. e.o,-. .......... ., I,,. llllfloura ol Flnanclal 8eMcN DhdDr' COUNCL GOAL NIIJ PREVIOUS COUNCIL ACTION This proposed 1111 for an onlnanCe a.. • new Cllliplll' 25 In TIie 5 ol tlllt Cly Code. Thia .. Nlablllll • second hand dealers llcenle In tlllt Cly of E11glew11od. Thil action II • ._. ol concema reganllig tlllt pun:hae and ,... of loll or llolen artlclN lhrougll NCCllldhand dNlers. Cly Council IIIIPfOWd • 1111 for an onlnanCe to approve • llmllar 1111 for an onlnance on Aprll 7, 1997. Staff INmed lhal certain pcll1lona ol 111111 1111 cld not ..,_ wllh 11a1e ltalules. The onlnanCe was changed to agree to llale.....,. and now II being~ to City Council for approval. City Council dllawd thll llcenle wllh aff Ill tlllt ltudy l8Sllon held on Mardi 3, 1997. MCOSSJBmED ACTION Staff r•comrMnds Cly Council approve thll 1111 for an onlr•a. UCKGIIOUND, ANAL ftll, NIIJ ALTIIINATIVD 111N 11 B CUINlllly, tlllt City does not IICIIWe leClllldlland dNlers. The llcenle WM draftad In ,...... to COIIClffll over tlllt .,.._Y ol NCCllldhand....,.. pun:llallng and.....,... lllll « 11111111 pnipe,ty In tll8 Cly ol !11111• oad. No all9l'lllllv9s .... ldenllllld. FWMCIAL .. ACT The Cly ol Eriglewood does not CUIWllly collec:t .... fortllia ..... The ....... -not .... Ill. niqund by Cl..-, 1 ol TIie 5. The l'9lalullllll llllng fNI II IChldulld lo go IO Cly Coullcl on May 5, 1117. The amount collemd .. moll a.It nol be llglllllcalt. UIT OF ATTACI._,.. Copy of tll8 proposed 1111 for an onlnancl. • . • • 0 '32xl • ORDINANCE NO . _ SERIFS OF 1997 • ·~ • BY AUTHORITY ABILLFOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL IIBIIBD WIGGINS . . AN OIIDINANCB AIIBNDING TITLE 5, CBAP'l'Bll 12, SECTION 8, ENGLBWOOD MUNICIPAL CODE 1985, BY REPEALING SECl'ION 6 AND REENACTING A NEW CHAPI'ER 25, OF TITLE 5, THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED SECONDHAND DEALERS. WHEREAS, the City finds, determines and declares that comidering the nature of the secondhand buaineu and the relationship of such to business to the municipal welfare u well u to the expenditures required of the City and all other matt.en properly to be conaidered in relation thereto, the claaaification of such buaineu as a separate type of buain-or occupation requiring separate regulation and f-ia reasonable, proper, uniform, nondiacriminatory and n_..y for a just and proper distribution of c:oate for City services; and WHEREAS, a reuonable buia exists to distinguish between eeconclhand dealers and other types of busin-not prohibited under this ordinance; and WHEREAS, this license ia in part trying to limit the buying and eelling of loet or stolen articles but not interfere with penona and organi&atiom that are not conaiclered vehicles for receiving loet or stolen ite11111; therefore, certain persons and organi&atiODB are exempt from this license; and WHEREAS, this license requires a background inveaiptioo to enaure only qualified persons without a history of related criminal activity engage in this licenaed activity; and WHEREAS, this ordinance ia a proper exercise of the police powen and ia neceuary to protect the health, safety and welfare of the people of the City; and WHEREAS, the City of Englewood desires to coordinate ita regulatiOD8 with the State and other metropolitan communities; and Whereu, punuant to 18-13-118 C .R.S., Municipal Secmdband Dealen re,ulatiom may not be leu stringent than the State statute proviaiona; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1 Title 5, Chapter 12, En,1-ood Municipal Code 1985, ia hereby amended by repealing and Section 6 , and enacting a new Chapter 25, entitled Secondhand Dealen, which 1ball read u follows : SECTION: 5-25-1 : DEFINITIONS 5-25-2: LICENSE REQUIRED .. .. I· • • • .. .. 5-25-3 : APPLICATION FOR LICENSE 5-25-4: SPECIAL LICENSE REQUIREMENTS 5-115-1: DBJ1'1Nffl0N8: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED. ANTIQUE: A WORK OF ART, PIECE OF FURNITURE, OR DECORATIVE OBJECI' AT LEAST 100 YEARS OLD . PRECIOUS OR SEMIPRECIOUS THIS DEFINITION INCLUDES, BUT IS NOT METALS OR STONES: LIMITED TO GOLD, SILVER, PLATINUM, PEWTER, DIAMONDS, EMERALDS, GARNETS, OPALS, RUBIES, SAPPHIRES, AND TOPAZ. ALSO, INCLUDED UNDER THIS DEFINITION IS IVORY, CORAL, PEARLS, JADE AND OTHER SUCH MINERALS, STONES, OR GEMS AS ARE CUSTOMARILY REGARDED AS PRECIOUS OR SEMIPRECIOUS. SECONDHAND DEALER: SECONDHAND PROPERTY: ANY PERSON WHOSE PRINCIPAL BUSINESS IS THAT OF ENGAGING IN SELLING OR TRADING SECONDHAND PROPERTY. THIS DEFINITION INCLUDES ANY PERSON WHOSE PRINCIPAL BUSINESS JS SELLING NEW GOODS, BUT WHO ALSO BUYS AND SELLS SECONDHAND PROPERTY OF THE SAME TYPE OR CLASS AS THE NEW GOODS. THE TERM ALSO INCLUDES ANY PERSON WHOSE BUSINF.SS IS NOT THAT OF SELLING OR TRADING SECONDHAND PROPERTY, BUT WHO SELLS OR TRADES SECONDHAND PROPERTY THROUGH FLEA MARKETS OR SIMILAR FACILITIES IN WHICH SECONDHAND PROPERTY IS OFFERED FOR SALE OR TRADE OR WHO SELLS OR TRADES SECONDHAND PROPERTY FROM A NONPEllMANENT LOCATION AND ANY PERSON WHO PURCHASES FOR RESALE ANY SECOND HAND PROPERTY WIUCH CARRIES A MANUFACTURER OR SERIAL NUMBER. INCLUDES, BUT IS NOT lJMITED TO THE FOLLOWING EXAMPLES OF TANGIBLE PERSONAL PROPERTY NOT SOLD AS NEW AND NORMALLY HAVING BEEN USED BY ONE OR MORE INTERMEDIARIES: 1 . CAMERAS, CAMERA LENSBS, SLIDE OR 2 MOVIE PROJECTORS, PROJECTOR SCRDNS, FLASHGUNS, ENLAllGBBS, TRIPODS , BINOCULABS, TBLBSCOPBS , VIDIO CAIIBBAS, AND IIICROSCOPBS; .. ., • • 0 '32xl -----------------------,.~------------------------------ • 0 • 2. TELEVISIONS, PHONOGRAPHS, TAPE RECORDERS, VIDEO RECORDERS/PLAYERS, RADIOS, TUNERS, SPEAKERS, TURNTABLES, COMPACT DISK PLAYERS, AMPLIFIERS, RECORD CHANGERS, CITIZENS BAND RADIOS, VIDEO GAMES AND PLAYERS; 3. SNOWBOARDS, SKIS, SKI POLES, SKI BOOTS, SKI BINDINGS, GOLF CLUBS, GUNS, JEWELRY, PRECIOUS OR SEMIPRECIOUS METALS OR STONES, COINS, LUGGAGE, BOOTS, FURS, AND RUGS; 4. TYPEWRITERS, ADDING MACHINES, CALCULATORS, COMPUTERS, COMPUTER COMPONENTS, PORTABLE AIR CONDITIONERS AND HEATERS, CASH REGISTERS, COPYING MACHINES , DICTATING MACHINES, TELEPHONE, TELEPHONE ANSWERING MACHINES, FAX MACHINES , AND SEWING MACHINES; 5. BICYCLES AND BICYCLE COMPONENTS; 6. ANY ITEM OF TANGIBLE PERSONAL PROPERTY WHICH IS MARKED WITH A SERIAL OR IDENTIFICATION NUMBER. SECONDHAND PROPERTY DOES Nil.I INCLUDE ITEMS THAT WERE SOLD AS NEW AND RETURNED BY THE CUSTOMER FOR EXCHANGE OR REFUND OR RECONDITIONED PROPERTY PURCHASED FROM A WHOLESALER. 5-21-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONDUCT THE BUSINESS OF A SECONDHAND DEALER IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR THE FOLLOWING CLASSES OF PERSONS OR ORGANIZATIONS : A. GARAGE SALES WHEN THE SALES ARE CONDUCTED NO MORE THAN FIVE WEEKENDS PER YEAR . B ANY WHOLESALER OR JOBBER MAKING SALES OF SECONDHAND PROPERTY EXCLUSIVELY TO OTHER WHOLESALERS OR RETAILERS. C. A PERSON OR ORGANIZATION SELLING OR TRADING SECONDHAND PROPERTY AT AN EXHIBITION OR SHOW WHICH IS INTENDED TO DISPLAY AND ADVERTISE A PARTICULAR COMMODITY OR CLASS OF COMMODITY OR CLASS OF PRODUCT INCLUDING, BUT NOT LIMITED TO ANTIQUE EXHIBfflONS, 3 ... , I· -----------------------.----------------------------- • • FIREARM EXHIBITIONS, HOME AND GARDEN SHOWS, AND RECREATIONAL VEHICLE SHOWS. D. A PERSON OR ORGANIZATION WHICH IS CHARITABLE , NONPROFIT, RECREATIONAL FRATERNAL, OR POLITICAL IN NATURE OR WHICH IS EXEMPT FROM TAXATION PURSUANT TO THE FEDERAL "INTERNAL REVENUE CODE OF 1954" AS AMENDED. E . A PERSON OR ORGANIZATION SELLING FIREWOOD, CHRISTMAS TREES, PLANTS, FOOD PRODUCTS, AGRICULTURAL PRODUCTS, FUNGIBLE GOODS , PETS, OR ARTS AND CRAFTS EXCLUDING JEWELRY AND ITEMS CRAFTED FROM GOLD OR SILVER. F . A PERSON WHO SELLS NEW GOODS EXCLUSIVELY, IS IN THE BUSINF.SS OF SELLING SUCH GOODS, IS IN ALL RESPECTS A RETAILER OF SUCH GOODS, AND HOLDS A SALES TAX LICENSE IN THE CITY OF ENGLEWOOD. G . AN ANTIQUE DEALER WHO SELLS ANTIQUES, HAS A SALES TAX LICENSE IN THE CITY OF ENGLEWOOD AND SELLS SUCH ANTIQUES FROM A PERMANENT STOREFRONT LOCATION. 5-26-3: APPUCATION FOR LICENSE: THE APPLICATION FOR A SECONDHAND DEALERS LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. 5-25-4: SPECIAL LICENSE REQUIREMENTS: A. LICENSES ISSUED UNDER THIS CHAPTER SHALL NOT BE TRANSFERRED TO ANOTHER PERSON OR LOCATION . B . APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS . C . D. A SECONDHAND DEALER LICENSE HOLDER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION : THE NAME , ADDRESS, AND DATE OF BIRTH OF PERSONS SEWNG SECONDHAND PROPERTY TO THE LICENSE HOLDER, HIS OR HER DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR OF SECONDHAND PROPERTY PURSUANT TO SECTION 18-13-114 C .R .S .; THE DATE, TIME AND PLACE OF THE PURCHASE, AND AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF EACH ARTICLE PURCHASED, INCLUDING, Btrr NOT LIMITED TO , ANY IDENTIFICATION NUMBER, SERIAL NUMBER, MATERIAL TYPE, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE LICENSE HOLDER SHALL ALSO OBTAIN A WRITI'EN DECLARATION OF THE SELLER'S OWNERSHIP WHICH SHALL STATE THAT EACH ITEM OF SECONDHAND PROPERTY IS TOTALLY OWNED BY THE SELLER, OR SHALL HAVE ATI'ACHED TO S UCH DEC LARATION A POWER OF SALE FROM THE PARTIAL OWNER TO T HE S E LLER, HOW LONG THE SELLER HAS OWNED EACH PIECE OF PROPERTY , WHETHER THE SELLER OR SOMEONE EUm FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING. IF THE PUR CHASE INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE 4 I· 0 • -~-------------------~----,, . , . • RECORDED ON THE LICENSE HOLDER'S REGISTER AND ON THE SELLER'S DECLARATION OF OWNERSHIP. E . THE SELLER SHALL SIGN ms OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE RECEIPl' FOR THE PURCHASE TRANSACTION. F . THE SELLER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP. G. SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. H . THE SECONDHAND DEALER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFI'ER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. I. A SECONDHAND DEALER LICENSE HOLDER SHALL HOLD ALL PURCHASED ARTICLES WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS FOLLOWING THE PURCHASE, DURING WHICH TIME SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY. J . A SECONDHAND DEALER LICENSE HOLDER SHALL HOLD ALL PROPERTY PURCHASED BY HIM OR HER FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . K. EVERY SECONDHAND DEALER LICENSE HOLDER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL SECONDHAND PROPERTY PURCHASED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSHIP. THE FORM SHALL CONTAIN THE SAME INFORMED TO BE RECORDED IN THE LICENSE HOLDER'S REGISTER PURSUANT TO SUBSECTION C, OF THIS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS DECLARATIONS SHALL BE SUBMITTED. L. EVERY SECONDHAND DEALER LICENSE HOLDER SHALL PAY TO THE CITY A FEE FOR THE TRANSACTION FORM. THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . M. N . EVERY SECONDHAND DEALER LICENSE HOLDER SHALL, AT HIS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING OFFICER . NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE, OR AGENT OF THE SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY SECONDHAND PROPERTY FROM ANY PERSON UNDER THE AGE or EIGHTEEN (18) YEARS OR FROM ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS. 5 ..... I· I • • .---.------li"'-~------------ 0 ,~ • 0 . NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE, OR AGENT OF THE SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY SECONDHAND PROPERTY FROM ANY PERSON KNOWN TO BE A TlilEF OR TO HAVE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE SECONDHAND DEALER TO MAKE A PURCHASE FROM SUCH PERSON. P . NO SECONDHAND DEALER LICENSE HOLDER SHALL TAKE ANY SECONDHAND PROPERTY FROM A CUSTOMER ON CONSIGNMENT. Q . NO SECONDHAND DEALER LICENSE HOLDER, EMPLOYEE OR AGENT OF A SECONDHAND DEALER LICENSE HOLDER SHALL PURCHASE ANY SECONDHAND PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL MODEL NUMBER, BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR PARTIALLY OBSCURED. R . ANY POLICE OFFICER MAY ORDER A SECONDHAND DEALER LICENSE HOLDER TO HOLD ANY SECONDHAND PROPERTY FOR PURPOSES OF FURTHER INVESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION SECONDHAND DEALER LICENSE HOLDER BY ANY POLICE DEPARTMENT. NO SALE OR OTHER DISPOSffiON MAY BE MADE OF SUCH PROPERTY HELD BY ANY SECONDHAND DEALER WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS SECTION, AND ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFTER THE SECONDHAND DEALER HAS BEEN NOTIFIED BY THE DEPARTMENT OF SAFETY SERVICES OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION. S . IF ANY POLICE OFFICER DETERMINES THAT ANY SECONDHAND PROPERTY HELD BY A LICENSE HOLDER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE SECONDHAND DEALER LICENSE HOLDER WITH A RECEIPl' AND CASE REPORT NUMBER. T . A LICENSE HOLDER WHO PURCHASES ANY SECONDHAND PROPERTY FROM A CUSTOMER WHO IS NOT THE LEGAL OWNER THEREOF OBTAINS NO TITLE TO THE ARTICLE . IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE . IF THE SECONDHAND DEALER LICENSE HOLDER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE LICENSE HOLDER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE. THE LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE LICENSE HOLDER TO RECOVER THE SAME BY THE APPROPRIATE LEGAL MEANS . Ses;tjon 2. Safety Clauaea The City Council, hereby finda, determines, and declares that this Ordinance ii promulgated under the reneral police power of the City of Eqlewood, that it ia promulgated for the health, safety, and welfare of the public, and that this Ordinance ii nece11ary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bean a rational relation Ill the proper 6 • •• • ·c---------------------------- • • '· legislative object sought to be obtained. Ses:t;ion 3 Sexerahiljty If any clause, 11e11tence, paragraph, or part of tbia Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or ita application to other persona or cin:umstances. Ses:t;ion 4. Jocooeiet,ept Ordjnapcea All other Ordinances or portions thereof inconsistent or conflicting with tbia Ordinance or any portion hereof are hereby repealed 1D the ut.ent of such inconsistency or conflict. Section 5 Eff1!d; of repeal gr mgdificatipp The repeal or modification of any provision of the Code of the City of Englewood by tbia Ordinance aball not rel-, atinguiah, alt.er, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be trNted and held as still remaining in force for the pmpmN of suataining any and all proper actions, suits, proceedings, and proaecutions for the enfon:emmt of the penalty, forfeiture, or liability, u well a, for the purpose of sustaining any judgment, dec:ne, or order which can or may be rendered, entered, or made in such actions, euita, proceeclinp, or proeecutions. Ses:t;ion 6. fmaltx. The Penalty Provision of Section 1-4-1 shall apply 1D each and every violation of this Ordinance. Introduced, read in full, and paaed oa fint reediq oa the 7th day of April, 1997. Published as a Bill for an Ordinance oa the 10th day of April. 1997. Amended and reintroduced, read in full, and paaed as -ded on the 21st day of April, 1997. Published as amended on the 24th day of April. 1997. Tbomu J . Buma, Ma:,or ATTEST : Loucrishia A. Ellie, City Clerk l , Loucriehia A. Ellie, City Clerk of the City of Ensl-ood, Colorado, hereby certify that the above and foregoing ii a true copy of an amended Bill for an Ordinance, reintroduced, read in full, and passed OD the 2let day of April, 1997. Loucriahia A. Ellie 7 .. I· r • • i. • (' COUNCL COlaUNICATION Data April 21, 1997 10 a 111 •ITIATEDBY Depar1ment of Public Wofb COUNCL GOAL AND PREVIOUS COUNCIL ACTION lubject Ordinance for lntargovemmental ~ wllh ThomtlDn City Council approved Ordinance No. 29, Serles of 1994, Ordinance No. 28, Serles of 1995, and Ordinance No . 22, Serles of 19118 ID.,. inlD an agrw,alt wllh the City of ThomtDn ID a:hange our rob,A,g wvlcea for goods provided by Thomlon. REC075znmED ACTION Staff 1Nka Councll llPPfOVIII of an ont11•a 1D .-1n1D an 11g1Nffllfltwlltl the City of ThomtDn ID exchange our ro1Dmilli11g wvlcea tor goods provided by ThomtDn . BACKGROUND, ANAL YIIII, AND AL lDNATIVD iJEN I FED The City of Englewood CUflWllly p,ovidN rommillll,g wvlcea ID the CIIN of'Nwti,•llllli and Lllllalon in uct,ange tor paint striping and concra work, ~-Conllrulg our ..--it wllh the City of ThomtDn, Eliglawood would rwceive llarl'II of choice, lncludlng ald/ull; hat mbad aptlll; or CIUlhed .....-. FINANCIAL _.ACT Baed on S0.40 per 1q1a9 yard, lhil amaunla ID a lUbalanllal Nlllnga tor ThomlDn and a benellt tor the City of Eliglawood. UIT OF ATTACl•IINTI Bill for., Ordinance lntergovemmenlal Ag!Nlnant • • 0 1 32xl ---------------------------.,~-----,r--------------------~---- • ORDINANCE NO. _ SERIF.S OF 1997 • - BY AUTHORITY fl BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREBMENT BETWEEN THE CITY OF THORNTON, COLORADO AND Tm: CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON IN RETURN FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS . WHEREAS, the City of Englewood OW1111, operat.es and maintains a milling machine utilized to remove the aaphalt or concrete surface from roadways for the purpose of overlaying new aaphalt or concrete; and WHEREAS, the City of Englewood currently provides rotomilling services to the Cities of Westminster and Littleton in exchange for paint striping and concrete work; and WHEREAS, this agreement provides the City of Thornton with rotomilling services by the City of Englewood in exchange for Englewood's choice of sand/aalt, hot mixed asphalt, or crushed aggregate; and WHEREAS , the citizena of both the City of Englewood and the City ofThomt.oo benefit from such an agreement; and WHEREAS, the City Council of the City of Englewood, Colorado autboriaed auch agreement with the pauage of Ordinance No. 29, Seriea of 1994, Ordinance No . 28, Series of 1995 and Ordinance No. 22, Seriea of 1996; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ec;t.ion 1. The intergovernmental agreement with reapect to an agreement between the City of Thornton, Colorado and the City of Enclewood, Colorado for an exchange of the City of Englewood'• rotomillinc aervicea to the City of Tbomt.oo in return for sand/salt, hot mixed asphalt, or crushed aare,ate materiala , attached hereto u "Exhibit A," ia hereby accepted and approved by the Enclewood City Council. Section 2. The Mayor ii authorized to encute and the City Clerk to attest and seal the Agreement for and on behalf of the City of En,tewood, Colorado. Introduced, read in full, and paued on ftnt nadini on the 21st day of April, 1997. -l - • < • . .. I· 0 , • . ... • Published as a Bill for an Ordimnce OD the 24th clay of April, 199'7. Tbomaa J. B-. Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City ofBD,lewood. Colondo. hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinaace, introduced, read ill full, and paaeed on ftnt reading on the 21st day of April, 1997. Loueriabia A. Ellis -2- . ' .. • • 0 1 32xl • ·-------------------,---. ,~ • . . ~ INTERGOVERNMENTAL AGREEMENT BElWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES TiilS AGREEMENT is entered into this_ day of 19_, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as 'Thornton; and the City of Englewood, (hereinafter referred to as "Englewood"). WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as Sections 29-1-201, et sg., and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, Thornton wishes to utilize said milling machine for use in maintenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contract with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to the citizens of both Thornton and Englewood. NOW, THEREFORE, THE PARTIES HERETO, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WI-llCH IS HEREBY ACKNOWLEDGED, HEREBY AGREE AS FOLLOWS: A. RESPONSIBILITIES OF ENGLEWOOD 1. 2. Englewood shall make available to Thornton its milling machine during the period between June 1, 1997, and July 1, 1997, inclusive, for the purpose of milling approximately twenty-five thousand eight hundred sixty-three (25,863) square yards of asphalt at a depth of one and one-half inches. Englewood shall perform, at all times, all repairs and maintenance to the milling machine neces,ary, including the time periods in which the milling machine is being used in Thornton. • ~ ' I • + A ' .. \ I· 0 ,, B. • • • '· • 3. An employee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications directed by Thornton during the above specified time periods. If a contractor of Englewood is used to perform the work hereunder, that contractor shall be required by Englewood to indemnify the Citr. of Thornton, it's officers, and employees from and against all liability, daims, demands, and expenses, including court cost and attorney fees, on account of any injury, loss, or damage, which may arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the negligent acts, errors, or omissions of the contractor, or-any officer, employee, or agent of the contractor. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this Agreement, Worker's Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance with minimum combined single limits of not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood's participation in a governmental insurance pool (CIRSA). Englewood shall cause any contractor of Englewood to procure and maintain minimum insurance coverage listed herein. RE,5PONSIBILITIES OF TiiORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by Englewood from the following items: 2. a) sand/salt b) hot mixed asphalt c) crushed aggregate The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling twenty-five thousand eight hundred sixty- three square yards of asphalt one and one-half inches deep. The value of the above is $0.40/square yard. In the event the amount of roadway milled is less than or more than the above, the value of the goods provided to Englewood by Thornton shall equal the yardage milled times $0.40/square yard. -2. .. . c·~ , . ' • . I· C. D. E. F. • • • 3. The goods shall be delivered to Englewood by the vendor of the goods once the milling has been completed and the total amount and nature of the milling has been calculated. Once the amount has been calculated and agreed to by both parties, Thornton shall complete a vendor purchase order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section 8.2 above. 4. Thornton shall be responsible for all traffic control and material removal at the site of the milling work and any other work not associated directly with the operation of the milling machine itself. ASSIGNMENT This Agreement shall not be assigned by either party without the prior written consent of the other. NOTICE Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: City of Englewood Street Operations 2800 South Platte River Drive Englewood, CO 80110 c/o Wayne Oakley PARAGRAPH CAPTIONS Gty of Thornton Street Operations 9500 Civic Center Drive Thornton, CO 80229 cl o Mason Staub The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. INTEGRATION AND AMENDMENT This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other -3 - .. •· • ; provision shall be affected by such holding, all of the remaining provisions of this Agreement shall continue in full force anci effect. G. WAIVER OF BREACH A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. H. VENUE .. This Agreement shall be govemed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. I. TERM This Agreement shall terminate at such time as the conditions stipulated herein are complete or upon 10 days advance written notice, whichever occurs first In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. J. COMPLIANCE WITH LAW The work and services to be performed by the parties hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. K. ADDmONAL DOCUMENTS OR AcnQN The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. L. INDEPENDENT CONTRACTOR The parties hereto agree that the employees, contractors, and sutH:ontractors of one party are not in any way to be construed as employees of the other party and as such each are independent contractors . Notwithstanding any provision appearing in this Agreement, all personnel usigned by Englewood to perform ., work under the terms of this Agreement shall be, and remain at all times, I employees or agents of Englewood for all purposes. Further, all personnel • assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes . • 4 • • ..... • • C• • . . M GOVERNMENTAL IMMUNITY The parties hereto tmderstand and agree that Thornton and Englewood, their officers, and employees, are relying on. and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, CR.S. 24-10101 et seq., as it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees. N. AUTHORITY The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Thornton and Englewood. OONE AND SIGNED ON THE DATE ABOVE FIRST WRl1TEN BY: CTIY OF TiiORNTON Margaret Carpenter, Mayor ATIEST: Nancy Vincent, City Oerk APPROVED AS TO FORM: Margaret Emerich, City Attorney -5- .. • 0 'a2xl -,.. • • • . . . ... CITY OF ENGLEWOOD Mayor ATI'EST: City Clerk APPROVED AS 10 FORM: City Attorney • -6 - • • • • (. COUNCL CO-NCA110N Dam Agendabm April 21, 1997 10 a iv NTIATEDBY STAFF SOURCE Department of Public Works a.tes Esterly, Oireclor of Public Works "' COUNCL. GOAL AND PREVIOUS COUNCIL AC110N To reallocatl9 the cost and r•pon1l:1My of 1111iai11ing the Cly's concnlllt inhslruclunt. This topic has been di9cusNd nunwaus IIINs lince ll w tlrlt ~llld to Council in 1988, including a cilizenlstaff Concntl8 Talk Force, and moat recenlly, dllcuaed II .. ltlldy l8lliarl on December 2nd, 1996. The Bil for an Ordinance was paned on tlrlt n,mng on March 3"', IDlcM9d by • Public Hearing on April .,.._ RECOIIIIENDED ACTION Staff recommends Council approval of an ameildment to the curYMt 811 to clarify language pertaining to the definition of •prtnwy• and "NCOlldaly° frontages and llllbltilldion of the ward "canlnbution" for "exemption" (Section 12-8-7). BACKGROUND, ANAL YSII, AND ALTERNATIVES IDENTFIED Section 11-38-1 of the Municipal Codi n-.. It .. n,spo11S11My of..,.., property owner to l'l'lllintllin the concnlllt curtls, gutters, and sidewalks adjaclnt to their property. The Cly is l9ll)Onlllle for maintaining al remai ling concrete : returns, catch basins, ao•pans, cancr.-1111p, and 111:ay •mwas. The Concrel8 Utility wil provide a at of "caner.-inllnnca" II• wlabla cost ($5 to S7 per qua11r for a typical l'Nidentlal proparty) and. c:onvwlient.., to pay (118% of ..... could be colleclld ........ & ...,. bils). The Cly would CIOl1rtbull l's.,_. of .. .._ jull .. any~ .... In this propoul, • portion of .. ra. tor canaa on oam.-111ape111N would be-1,illld. Thia...,.. in• reduction in ... to oam.-ptopertiaa which .. Cly in gawal would pay tor. N. .. Deolmbel" 'r 111,dy .-on. ltaff ... dintc:lad to evalual .. flaaiblly of olllrtng. ~-·-·vs.~ -·-·tor._ ptapel1ila. FINANCIAL .. ACT Approximaaly $587,000 in ra. would be collac:lld -=ti yas, of which .. Cly CMral would pay $174,000 and individual proparty owners would pay $393,000. LIST OF ATTACHIIENTS Amendment to Bill for an Ordinance -·~~-w----------- .. • • t• . ' - '· /()Iii BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997 COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER VORMITTAO ABILLFOR AN ORDINANCE CREATING A CONCBBTB tmLl'rY AND CONCRETE UTILITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF TIUS ORDINANCE IS TO PROTECl' THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WIUCH REGULATE THE CONCRETE UTILITY BY CREATING IN TITLE 12, A NEW CHAPTER 8 • CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND. WHEREAS, in order to promote the public health, safety, and welfare by controlling the costs of concrete replacement and repair within the City of Englewood, Colorado; and WHEREAS, to establiah a Concrete Utility and Concrete Utility Enterpriae Fund to reallocate the cost and responaibility of maintaining the City's concrete infrastructure; and WHEREAS, 11-3B-l, E .M.C. makes it the reaponaibility of f!V8r/ property owner to maintain the concrete curbe, gutters, and aidewalb ad.i-t to their property; and WHEREAS, the City ia reapomible for maintaining all remaining concrete: returns, catch basins, croupans, concrete alleys, and alley entrances; and WHEREAS, the Concrete Utility and Conaet.e Utility EntapriN Fund will provide a type of "concrete insurance" at a reaamable cost ($5 to $7 per quart.r for a typical residential property) and a convmient way to pay (98'1, of the feN could be c:oUected with the water and -billa); and WHEREAS, the City would contribute ita llhare of the r-just like any private owner; and WHEREAS, this new Chapter will provide for a portion of the CODCl'8te feN on comer propertiea to be paid by the City; and WHEREAS, the Englewood City Council finds that each owner of a lot. or parcel of real property within the City, lhould pay for the UN and the availability of UN of the Concrete Utility and Concrete Utility Enterprue Fund; and WHEREAS, there will be a fee impoaed for UNn of the Coacret.e Utility for the replacement and repair of CODCNt.e • daaibed in this Cbapt.er; and WHEREAS, IUCb fee will be baaed llp!ll the amount of_.., attributaitle to the property punuant to this Orclinanm; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C1l'Y ().._,"!): ~·· COLOWJO, AS "',WlWS· lJif ~'. ~ !Y ehft rr,,D /)J/)).;.ji,, 4iJjF ;).ifturdI. -r>"pJi-~ • . •· I • .----------------------,r-------.--- • ,. Sec;tjon 1. The City Council of the City of Englewood, Colorado hereby approves the creation of a Concrete Utility and Concrete Utility Enterprise Fund by adding a new Chapter 8, to Title 12 of the Englewood Municipal Code 1985, which shall read as follows : 12-8: CONCRETE UTILrl'Y AND CONCBETE UTIUTY EN'l1mPBl8E FUND: 12-8-1: DEPINITIONB: BACK OF WALK: CORNER PROPERTY: IMMEDIATELY ADJACENT: INFRASTRUCTURE CONCRETE: SIDEWALK: THE EDGE OF A SIDEWALK IMMEDIATELY ADJACENT TO THE PROPERTY LINE . A LOT/PROPERTY AT THE JUNCTION OF AND ABUTTING UPON, TWO (2) OR MORE INTERSECTING STREETS HAVING AN INTERIOR ANGLE OF INTERSECTION OF NOT MORE THAN ONE HUNDRED THIRTY- FIVE DEGREES (135°). NEAREST TO, BUT NOT NECESSARILY TOUCHING. CONCRETE THAT IS NON- ADJACENT TO PROPERTY LINES. (E .G. CURB RETURNS, CROSSPANS, CONCRETE ALLEYS AND ALLEY ENTRANCES). CONCRETE SIDEWALKS WHICH ARE CONSTRUCTED FOR THE USE OF PEDESTRIANS AND WHICH ARE LOCATED BETWEEN THE ROADWAY OR CURB AND PRIVATE PROPERTY LINES. 12-8-2: RULES AND BBG1JLAfl0N8; AIIENDIIBNT8: RULES AND REGULATIONS OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND MAY BE ALTERED, AMENDED, OR ADDED TO FROM TIME TO TIME BY APPROVAL OF THE CITY COUNCIL. SUCH RULES AND REGULATIONS , TOGETHER WITH ALL AMENDMENTS, SHALL BE AVAILABLE FOR INSPECTION AT CITY HALL. -2- ...... • . • ... I • • ·:--------------------------. ,. - 12-8-3: CONCRETE UTll.lTY: A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE UTIUTY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY MANAGER, EMPOWERED TO IMPLEMENT THE PROVISIONS OF TlilS CHAPTER. 8. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTEBPBJSE FUND. THE CITY MANAGER OR HIS DmGNEE KAY PllESCRIBE FORMS, RULES AND REGULATIONS IN CONFO!:JIITY WITH THIS CHAPl'ER; FOR THE ASCERTAINMENT, COMPUTATION AND COLLECTION OF THE FEES AND CHARGES IMPOSED IN TIUS CHAPI'ER AND ANY FUTURE RESOLUTIONS OF THE CITY COUNCIL; AND FOR THE PROPER ADIIINISTRATION AND ENFORCEMENT OF THIS CHAPl'ER. THE CITY MANAGER MAY DELEGATE THE ADMINISTRATION OF TIUS CHAPl'ER OR ANY PART THEREOF, SUBJECT TO THE LIMITATIONS OF THE CHARTER AND CODE, TO DULY QUALIFIED DEPUTIES AND AGENTS OF THE CITY MANAGER. THE CITY MANAGER SHALL BE EMPOWERED TO MAKE DETERMINATIONS AS TO PROPER RESOLUTION OF DISPUTES ARISING FROM TlilS CHAPl'ER, SUBJECT TO APPEAL. 12-8-4: SCOPE: A. ONLY CONCRETE CURBS, GUTl'ERS, SIDEWALKS, DRAINAGE FACILITIES, AND OTHER ASSOCIATED CONCRETE LOCATED WITlilN THE RIGHT-OF-WAY OF A PUBLIC STREET, BETWEEN THE BACK OF SIDEWALK ON ONE SIDE OF THE STREET AND THE BACK OF SIDEWALK ON THE O'nlER SIDE OF THE STREET, IS ELIGIBLE FOR COVERAGE UNDER TlilS CHAPTER. GENERALLY, CONCRETE BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY LINES) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPI'IONS MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR HIS DESIGNEE. 8 . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER. C. THE UTIUTY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID PROPERTY; FEES FOR NON-ADJACENT CONCRETE, BUT WITIUN THE ABOVE DEFINED LIMITS, WILL BE PAID BY THE CITY. D . THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE UTIUTY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE ADJACENT TO CITY FACILITIES. E . IIAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE RESPONSIBILITY OF THE CITY . -3- .. I • • t• - F. THIS CHAPl'ER DOES NOT APPLY TO NEW CONCRETE, ONLY MAINTENANCE OF EXISTING CONCRETE. 12-8-1: AUGMENTS· DOES NOT REPLACE EXISTING PROVISIONS: A . TIUS CHAPl'ER IS INTENDED TO AUGMENT EXISTING PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE BY PROVIDING FOR AN ALTERNATE MEANS OF FUNDING REPAIRS . OWNER'S RESPONSIBILITY UNDER ll-3B-1 OF THIS CODE DOES NOT CHANGE. B . EXCEPT AS AMENDED, EXISTING LAW DOES NOT CHANGE. 1MMI: UBER n:B8: A . THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND WITlilN THE CITY A CONCRETE UTILITY FEE. THE CONCRETE UTILITY FEE SHALL BE REVIEWED ANNUALLY AND SET FROM TIME TO TIME BY ORDINANCE OF THE CITY COUNCIL AND SHALL BE BASED UPON THE AREA OF CONCRETE IMMEDIATELY ADJACENT TO THE LOT OR PARCEL. B . ALL MONIES RECEIVED BY THE CITY UNDER THIS CHAPTER SHALL BE PLACED IN A SEPARATE ACCOUNT AND EXPENDITURES THEREOF SHALL BE MADE ONLY FOR THE PURPOSE OF: 1. CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE, IMPROVEMENT, REPLACEMENT AND RECONSTRUCTION OF PUBLIC CONCRETE IN THE CITY AND ALL OTHER FACILITIES NECESSARY TO ADEQUATELY PROVIDE FOR TRANSPORTATION IN THE CITY. 2 . FUNDING OF ALL COSTS, INCLUDING Btrr NOT LIMITED TO ADMINISTRATIVE COSTS, STUDIES, EQUIPMENT, CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS, AND SYSTEM IMPROVEMENTS, NEEDED TO COIIPLETE THE STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO BRING THE CONCRETE WITlilN THE RIGHT-OF-WAY OF THE PUBLIC STREETS INTO COMPLIANCE WITH ALL STATE AND FEDERAL REGULATIONS AND THE REQUIREMENTS OF THE CITY AS CONTAINED HEREIN. 3 . REIMBURSING OF OTHER CITY FUND DIVISIONS FOR EXPENSES INCURRED IN THE OPERATION, REPAIR AND MAINTENANCE OF THE CONCRETE WITHIN THE RIGHT-OF- WAY OF THE PUBLIC STREETS. ALL REIMBURSEMENTS MUST BE PROPORTIONAL TO SERVICES RENDERED BY OTHER DEPARTMENTS,AND,LIKEWISE,PROPORTIONALCREDITS SHALL BE RECEIVED FOR SERVICES RENDERED TO OTHER DEPARTMENTS BY THE CONCRETE UTILITY . • 4 • •. .. I· • .r------------~-------------- ·, • C . THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF ESTABLISHMENT OF A CONCRETE UTILITY USERS FEE OF SEVEN AND EIGHT-TENTHS CENTS ($0 .078) PER SQUARE FOOT OF CONCRETE PER ANNUM. D . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND FEES COLLECTED UNDER TlllS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO THE RETIREMENT OF THE PRINCIPAL AND INTEREST OF REVENUE OR GENERAL OBLIGATION BONDS ISSUED BY THE CITY FOR FINANCING ANY OF THE ACTIVITIES OF THIS CHAPTER. E . THE CITY MAY PLEDGE CONCRETE UTILITY ENTERPRISE FUND FEES COLLECTED UNDER TlllS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER PUBLIC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE UTILITY PROJECTS. 12-8-7: CITY CONTBJBUl10N FOR CORNER PROPElt11E8: A. THE STREET ALONG WHICH THE LOT OR PARCEL IS LEGALLY ADDRESSES, OR STREETS PARALLEL OR NEARLY PARALLEL THERETO, SHALL BE DESIGNATED AS PRIMARY FRONTAGES, EXCEPT WHERE THE OWNER HAS NO ACCESS TO THE ABUTI'ING STREET, WHICH SHALL BE DESIGNATED AS A SECONDARY FRONTAGE . B . STREETS PERPENDICULAR OR NEARLY PERPENDICULAR TO PRIMARY FRONTAGES WILL BE DESIGNATED AS SECONDARY FRONTAGES . C . THE CITY WILL CONTRIBUTE 70'li OF THE FEE FOR SECONDARY FRONTAGES, BASED ON THE AREA OF CONCRETE THEREOF. 12-8-8: mMPORARY EXEMPl'ION FOR CONCBE'l'E UNDER WAllllANTY · PAR'nAL RIIDUC'nON IN l"BE8: A . CITY ORDINANCE 11-38-9, E .M.C ., REQUIRES CONCRETE CONTRACTORS TO WARRANT THEIR WORK FOR TWO YEARS FROM THE DATE OF COMPLETION . ANY EXISTING CONCRETE COVERED BY THIS TWO YEAR WARRANTY, OR ANY FUTURE CONCRETE NOT CONSTRUCTED BY THE UTILITY MUST BE COVERED BY A WARRANTY AND WILL BE TEMPORARILY EXEMPTED FROM UTILITY FEES FOR THE WARRANTY PERIOD . B . ONCE THE CONCRETE WA1UlANTY EXPIRES, THE TEMPORARY EXEMPTION WILL EXPIRE, AND THE OWNER WILL BE REQUIRED TO RESUME PAYMENT OF FULL FEES. THE FEE WILL BE PRORATED TO THE DATE OF THE EXPIRATION. -S- • . I· • -~-----------------------, 0 ... - C . TlilS TEMPORARY EXEMPTION WILL BE ALLOWED ONLY FOR THE AMOUNT OF WORK ACTUALLY CONSTRUCTED (I.E. THE ENTIRE PROPERTY IS NOT EXEMPT, ONLY THAT PORTION OF THE CONCRETE ACTUALLY BUILT). ~ BILLING AND PAYMENT OF FEES: A. THE CONCRETE UTILITY FEES SHALL BE BILLED AND COLLECTED WITH THE QUARTERLY WATER AND SEWER BILL FOR THOSE LOTS OR PARCELS OF LAND UTILIZING CITY UTILITIES AND BILLED AND COLLECTED SEPARATELY AS FOR THOSE LOTS OR PARCELS OF LAND NOT UTILIZING CITY WATER AND SEWER UTILITIES . 8 . THE FEES CHARGED IN EACH BILLING PERIOD ARE EFFECTIVE UPON MAILING THE BILL OR NOTICE TO THE LAST KNOWN ADDRESS OF THE UTILITY USER SHOWN ON THE RECORDS OF THE CITY'S UTILfflES DEPARTMENT. C . ALL CHARGES FOR THE USE OF THE CONCRETE UTIUTY PRESCRIBED BY TlilS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL . 12-8-10: DELINQUENCY AND COLLECnON: A . DELINQUENCY SURCHARGE . FEES LEVIED IN ACCORDANCE WITH THIS CHAPl'ER SHALL BE PAID WITHIN THIRTY (30) DAYS FROM THE DATE OF BILLING TO THE CITY. IF THE BILL IS NOT PAID WITHIN SIXTY (60) DAYS AFTER BILLING, IT SHALL BE DEEMED DELINQUENT WHEREUPON A TWENTY-FIVE PERCENT (25%) SURCHARGE SHALL BE IMPOSED FOR COLLECTION SERVICES . 8 . NONPAYMENT . ALL FEES AND ANY ACCRUED SURCHARGES SHALL BE A LlEN UPON THE BILLED PROPERTY FROM THE DATE SAID FEES BECOME DUE UNTIL SAID FEES ARE PAID. THE OWNER OF EVERY STRUCTURE OR PREMISES SHALL BE LIABLE FOR THE FEES, WHICH LIEN OR LIABILITY MAY BE ENFORCED BY THE CITY BY AN ACTION AT LAW OR SUIT TO ENFORCE THE LIEN. IN THE CASE WHERE THE TENANT IN POSSESSION OF ANY PREMISES PAYS THE FEES, IT SHALL RELIEVE THE PROPERTY OWNER FROM SUCH OBLIGATIONS AND LlEN , BUT THE CITY SHALL NOT BE REQUIRED TO SEEK PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY OWNER. NO CHANGE OF OWNERSIUP SHALL AFFECT THE APPLICATION OF TlilS CHAPl'ER, AND THE FAILURE OF ANY OWNER TO DISCOVER THAT HE PURCHASED PROPERTY AGAINST WHICH A LIEN FOR FEES OR SURCHARGE EXISTS SHALL IN NO WAY AFFECT HIS LIABILITY FOR SUCH PAYMENT IN FULL. SAID DELINQUENT PAYMENTS, AND THE LIEN CREATED THEREBY, SHALL BE ENFORCED BY ASSESSMENT UPON THE PROPERTY AND PREMISES SO SERVED AND CERTIFICATION THEREOF TO THE COUNTY TREASURER FOR COLLECTION. -6- •, I· • . .-----~------------------ 0 I • • 12-8-11: DEFERMENT PROVISION: A. ELIGIBLE PROPERTY OWNERS SHALL BE ALLOWED TO DEFER PAYMENT OF FEES UNTIL TRANSFER OF OWNERSHIP TO ANOTHER PERSON. ALL BACK FEES, PLUS INTEREST AT A RATE DETERMINED BY COUNCIL RESOLUTION SHALL BECOME DUE AND PAYABLE WITH TRANSFER OF OWNERSHIP. B . PROGRAM ELIGIBILITY IS DETERMINED BY THE ENGLEWOOD HOUSING AUTHORITY, ACCORDING TO FEDERAL STANDARDS INCLUDING VARIOUS FACTORS SUCH AS AGE, DISABILITY, INCOME LEVEL, AND THE ASSETS OF THE OWNER. C . APPLICATIONS WILL BE SUBMITTED TO THE ENGLEWOOD HOUSING AUTHORITY, WHO WILL PROCESS ALL APPLICATIONS AND DETERMINE ELIGIBILITY. E . APPLICATION FOR DEFERRAL CAN BE MADE AT ANY TIME . 12-8-12: VOLUNTARY NON-PAR'nCIPATION PROVISION: A . OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY (NOT PAY UTILITY FEE) AND FUND ALL REPAIRS PERSONALLY 8. OWNERS WHO CHOOSE TO OPT-OUT OF THE PROGRAM MUST EXECUTE A VOLUNTARY NON-PARTICIPATION AGREEMENT. 1. THE AGREEMENT WILL STIPULATE THAT IN ORDER TO RE-ENTER THE UTILITY: a . ALL BACK FEES MUST BE PAID IN FULL. b . ALL CONCRETE MUST BE BROUGHT INTO COMPLIANCE WITH CITY STANDARDS, (I.E. REPAIRED) AT OWNERS EXPENSE. C . THE AGREEMENT WILL ALSO STIPULATE THAT THE AGREEMENT WILL BE FILED WITH THE COUNTY CLERK AND RECORDER, AND WILL SERVE AS LEGAL NOTICE TO ANY FUTURE PURCHASER, OR OTHERS WITH A CURRENT OR FUTURE FINANCIAL INTEREST IN THE PROPERTY. D . E. NON-PAYMENT OF FEES WILL BE DEEMED A DELINQUENT ACCOUNT AND WILL NOT BE CONSIDERED AS A GROUND FOR NON- PARTICIPATION IN THE CONCRETE UTILITY PROGRAM. (I.E. VOLUNTARY NON-PARTICIPATION REQUIRES AN AFFIRMATIVE ACT TO "OPT-OUT" BY EXECUTING AN AGREEMENT, A PROPERTY OWNER MAY NOT JUST REFUSE TO PAY THE FEE). THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR ALL REPAIRS (OPTING-OUT OF FEE DOES NOT CHANGE RESPONSIBILITY TO MAINTAIN CONCRETE). •. .. I· • 0 '32xl • w1~----::-----------------------, • • 1~13: ADMINISTRATIVE REVIEW AND APPEALS: ANY OWNER WHO DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO THIS CHAPl'ER, OR WHO DISPUTES ANY OTHER DETERMINATION MADE BY OR ON BEHALF OF THE CITY PURSUANT TO TIUS CHAPl'ER, MAY PETITION THE CITY MANAGER FOR A HEARING ON A REVISION OR MODIFICATION OF SUCH CHARGE OR DETERMINATION NO LATER THAN THIRTY(30) DAYS AFl'ER HAVING BEEN BILLED FOR SUCH CHARGE OR AFl'ER HA VINO BEEN NOTIFIED OF SUCH DETERMINATION. THE CITY MANAGER MAY CONDUCT SUCH A HEARING HIMSELF, OR AT HIS SOLE DISCRETION, MAY DESIGNATE AN OfflCER OR EMPLOYEE OF THE CITY AS A HEARING OfflCER wrm AUTHORITY TO HOLD SUCH HEARINGS. FURTHER APPEAL MAY BE MADE TO THE DISTRICT COURT AFTER A DECISION HAS BEEN MADE BY THE CITY MANAGER OR HIS DESIGNEE OR AFl'ER ONE HUNDRED AND TWENTY (1.20) DAYS IF A DECISION HAS NOT BEEN RENDERED BY THE CITY MANAGER OR HIS DESIGNEE. Introduced, read in full, and puaed on fint reading on the 3rd day m March, 1997. Publiahed u a Bill for an Ordinancie on the 6th day m March, 1997 . A Public Hearing wu held on April 7, 1997. Amended and reintroduced, read in full, and paaed u amended on the 21st day of April, 1997 . Publiahed u amended on the 24th day of April, 1997. 'lbomu J . Bums, Mayor ATTEST : Loucriahia A . Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of tbe City of En,lewood, Colorado, hereby certify that the above and fonaoiDI ill a true copy mtbe amended Bill For An Ordinance, reintroduced, read in full, and puaed u amended on tbe 2llt day m April, 1997. -8- • . - .. •· -~----=--~--~----------------------:----------, • . , . • COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement authorizing grant April 21, 1997 10 a V funding for a Seat Belt and Child Safety Restraint Program Initiated By Safety Services I Slaff Sources Director A. F. Stanley Sgt. Sam Watson COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council has not previously approved the City's participation in this particular enforcement program. Council has previously authorized grant funding for other traffic safety programs, such as the Law Enforcement Assistance Fund (LEAF). RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance approving an Intergovernmental Contract between the State of Colorado to receive grant funding for the "Occupant Protection Twist Campaign,• which promotes the use of seat belts and child safety seats. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Department of Transportation, Office of Transportation Safety, (COOT, OTS) is offering Federal Highway Safety Grant funding from April, 1997 through June, 1998 for the "Occupant Protection Twist Campaign." The Department of Transponation created the campaign to encourage local authorities to increase the use of safety belts and the use of child restraint systems by providing grants to local law enforcement agencies. Under the proposed ordinance, the Office of Transportation Safety would provide funding. allow ing the Department of Safety Services to pay overtime wages for officers to promote seat belt usage and to educate drivers about the benefits of seat belt usage. FINANCIAL IMPACT The proposed ordinance would have minimal fin.ncial impact on the City . The Department of Safety Services would be responsible for any additional maintenance costs of Englewood's patrol cars used for this program . UST Of ATTACHMENTS Proposed bill for an ordinance •· I ----"':=-""""!l'----------------.,-------------------~------,,--.--, • ORDINANCE NO . _ SERIES OF 1997 <. BY AUTHORITY ABILLFOR • • /0~ AN ORDINANCE APPROVING AN INTBBGOVBRNIIBNTAL CONTBAcr BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION, OFFICE OF TRANSPORTATION SAFETY (COOT OTSJ TO RECEIVE OCCUPANT PROTECTION TWIST CAMPAIGN FEDERAL IUGHWAY SAFETY GRANT FUNDING FROM APRIL, 1997 THROUGH JUNE, 1998, FOR THE PROMO'nON OF SEAT BELT AND CHILD SAFETY SEAT USE IN COLORADO AND THE ENFORCEMENT OF LAW IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Department al Safety Semcee baa IIUbmitt.ed a Jett.er of intent to the Colorado Department of Tramportation, Office al Transportation Safety to receive Occupant Protection Twist Campaign Federal Highway Safety Grant funding &om April, 1997 through June, 1998, IPIJnning both the 1997 and 1998 federal fuca1 yean, for the promotiOD of aeat belt and cbild aafety seat uae in Colorado and the enforcement of lawa pertaining to WM! of occupant protec:tiCJD restraints, punuant to Section 42+236 tbroUlh 42+237, Colorado Revised Statutes; and WHEREAS, Colorado Reviaed Statutes Sectiona '2-4-236 and 237, require the WII! of child restraint systems and aafety belt systems in motor vehicles; and WHEREAS, federal highway aafety funda have been made available to the State under Title 23 U.S.C. Section 402 for increuiq the enfuftement and education al aafety belt and child car aeat WM! in Colorado; and WHEREAS, the Colorado Department of'Tranaportatiall Office al TramportatiCJD Safety is respmlible, under Sectiom 2'-42-103, 43-1-103(2), 43-1-105 and 43-t-402 C .R .S . and Title 23 U .S .C . Section 402 to admiDiata the fimda for that purpoae;and WHEREAS, the COOT OTS bu created the Occupant Prut.ectioD Twiat Campeip to encourqe local authorities to increue the UN al aafety belts and the UN al cbild restraint 1yatema by the state'• children by~ sranta al Title 23 u .s.c. Section 402 federal highway aafety funds to local law enforcement to aid in the enforcement and education of aafety belt and cbild car aeat UN in Colorado; and WHEREAS, the State is authoriaed to allocate the occupant prot.eetian enforcement mini-grant funds by CCJDtnct to local autboritiea (citiea and COUDtiN ); and WHEREAS, the federal highway safety grant funds are anticipated to --two federal fuca1 yean and the parties deaire to Contnc:t b that entira two J'NI' tam, provided that the NCODd year al that tarm ii made subject to the uailability and budptinc of federal funds for that ~; and -I - 0 I· , • • • WHEREAS, the total budptecl amount for Occupant Prot.ection Twist Campaign Contract with the City o(Englewoocl ill in the amount of'$6,400; and WHEREAS, the City of' Englewood undentaada that the project Contract term coven parts of two fiacal years (1997 and 1998) and that thill Orcmumce ill int.endecl t.o approve the participation and obligation of Enpewood for both fiacal years, subject t.o the availability of' federal funding for the 1998 fiacal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: Sgtigp l. The in~ CODtract betw-. the State of'Colondo, for the UN and benefit of' the Colarado Department of' Trampartatian. Otlice of TramlportatiooJ3afety (CDO'l' O'l'S), and the City of'.,.__., a capy of'wbidl marked Emmit A, and ill attacbed beret.o aad ~ bereiD by aefawww t-11 u the Ornipent Plated:iao Twilit Campaip Contnd NA 28, ill i-.,y approved by En,lewood City Council. Sedim 2. The llayur and City Clerk are i-.,y authariwt t.o lip ad att.eat laid Contract on behalf of the City of'Enpewood. Introduced, read in full, ad puNd ml fint readinc CID the 2ht day of' April, 1997. Publiabed aa a Bill for an Orcmumce CID the 2'tb day of' April, 1997. ,,_._ J . Burm, lla:,ar ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellia, City Clerk of'the City of'Bapwood, Colmwlo, a...by cmtify that the above and funsuiq ill a true capy of' a Bill b a <>rmn-, ~ read in full, and pMNd cm fin& nedmc cm the 2ht day of' April, 1197. -2- . , • . .. • 0 '32xl • .,-------------~-------- 0 I~ - DEPARTMENT OR AGENCY NUMBER: --- CONTRACT ROUTING NUMBER:----- CONTRACT THIS CONTRACT, made this day of 199_, by and between the State of Colorado , for the use and benefit of the Colorado Depa,tment of Transportation, Office of Transportation Safaty, 4201 East Arkansas Avenue. Denver. Colorado 80222 hereinafter referred to as the State or "COOT OTS" and the City of Englewood, for the use and benefit of the Englewood Police Department, 3615 S. E1ati Street. Englewood, CO 80110 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted. ~ and othetwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400 . Appropriation Code 303. Org. Unit 9815. Contract Encumbrance Number 9115 , GBL NA26 , and FEIN# 846000583 . for the financial ooligation of the State under this Contract for the 1997 federal fiscal year, ending 9/30/97 . New numbers must be assigned and sufficient funds encumbered effective 10/1 /97 for the financial obligation of the state under this contract for the 1998 federal fiscal year, ending 9/30/98; and WHEREAS . required approval , clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS , sections 42-4-236 and 237, C.R.S. (1996 Cum . Supp.), require the use of child restraint systems and safety belt systems in motor vehicles , under the conditions described therein ; WHEREAS . federal highway safety funds have been made available to the State under rrt1e 23 U.S.C. Section 402 for increasing the enforcement and education of safety belt and child car seat use in Colorado; and WHEREAS , the Colorado Department of Transportation (COOT), Office of Transportation Safety (OTS) ii responsible . under sections 24-42-103, 43-1-103(2), 43-1-105 , and 43-4-402 . C.R.S .. and rrt1e 23 U.S.C. Section 402 to administer those funds for that l)Ufl)Ole; and WHEREAS . the COOT OTS has created the Occupant Protection Twist Campaign . to encourage local authorities to increase the use of safety belts . and the use of child restraint systems by the state's chilchn by providing grants of rrt1e 23 u.s .c . Section 402 federal highway safety funds to local law enfon::ement to aid in the enforcement and education of safety belt and child car IUt UM in Colorado ; and WHEREAS . the State ii authorized to lllocate the occupant pnadion enfon:ement mini-grant funds by contract to local authorities (cities and counties) to benefit the hullh and safety of P8f'IO"S in Colorado by the implementation of local programs developed by the local authorities for occupant pi obtdior, enfot cement. and WHEREAS , the federal highway safety grant funds .. anticipated to cover 2 federal fiscal years , and the parties desire to Contract for that entire 2 yur term , provided that the 2nd yur of that term ii made IUb;ed to the availability and budgeting of federal funds for that purJ)ON; WHEREAS . the Contractor has submitted a Letter al Intent to accept such faderal highway safety grant funds and to perfonn IUch enfol cement wont. pursuant to the tarms of this Contract and Page 1 of 8 pages • X H I • I T A •. .. I· 0 • • • . : . • • WHEREAS, the Contractor has available the technical ability to properly perfonn the project and to address the occupant protection enforcement objectives of the COOT OTS ; and WHEREAS, this Contract is executed by the State under authority of29-1-203, 24-42-103. 43-1-103(2), 43-1-105, and 43-4-402 , C.R.S ., and Title 23 U.S.C . Section 402, and by the Contractor under sections 29-1-203 and 30-11-101, 31-15-101 C.R.S. or home rule charter, as applicable. and the attached resolution . NOW THEREFORE. it is hereby agreed as follows: 1. The Contractor's Letter of Intent, the COOT OTS Contract Management Manual dated October 1, 1994, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, Band Care incorl)Orated herein by this reference as terms and conditions of this contract The Contractor acknowledges that it has received copies of the COOT OTS Contract Management Manual, the Application Guidelines , and the State Highway Safety Rules. The Contractor shall comply with all tenns and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials , the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then B. COOT OTS Contract Management Manual and Guidelines ; then C. This Contract; then 0 . Attachments A, 8, C , in that order; then E. Letter of Intent . 2 . The Contractor shall carry out the program and shall perform the activities which are specifically described in the contract and are generally desaibed in Attachment A (collectively. "the project"). 3 . The Contractor shall submit timely reports to the State detailing the performance of each one of the 8 "enforcement waves·. as described in Activity # 3 of Attachment A, accordil ig to the contract specifications and reporting criteria described in Attachments A and 8 . 4 . pmject fyndjng prgyjsjons . The total budget amount authorized by this Contract for the actual costs of the project wor1< is S800 per wave, as described in Attachment C . The State shall pay this total budget amount. as provided herein . a. Stata's tatal share (1997) $2,400 b. Stata's tatal share (1-) $4,000 4 . A . Provided , that if Contractor does not perform any one or men of the 8 ·ento, cement waves·, as described in Activity# 3 of Attachment A and within the specific ct-. provided themor'e , accordilig to the contract specifications and reporting criteria described in Altachments A and B. then the Col itrac:tor shall not be reimbursed for any wave or waves that it did not so perform . Provided , further , that the Stale's obligation for the total share for federal fiscal year 1998 shall be contingent upon those federal funds being appropriated , budgeted . and otherwise made available to COOT OTS thenlfore , and the Contractor shall not perform My part of the 1998 federal fiscal year services described herein until COOT OTS provides writlan notice to the Contractor that the 1998 funds are available . Any such wor1< performed by the Contractor without that naCic:e shall be at Contractor's sole expense and shall not be reimbursed by COOT OTS . Page 2 of e pages • ... I· 0 -------------~--------------·---------------------------, • . ,~ • 4 . B. The Contractor has agreed to provide the services and at the rates and on the terms as described herein as needed to satisfactorily perform and complete the Contract work for a term spanning both 1997 and 1998 federal fiscal years , subject to the availability of funding . Funds are currently available and encumbered for the work for the 1997 federal Fiscal Year in the amount specified above, but no funds are currently enc:umbered for the 1998 federal Fiscal Year. The State, unilaterally, has the right to inc:ruse the amount of available funds under this Contract. In that event, the State wiD notify the Contractor thereof by Funding Letter. The Funding Letter will be in a form substantially equivalent to that in Attachment O, and it shaD not be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. 4 . C. The State shall use the occupant protection mini13rant funds exdusivefy to pay 100% of the actual costs incuned by the Contractor for the project wortt up to the State's maximum share amount of 100% of $2,400 TOTAL Provided, however , that the State's maximum share shall not exceed the amount of $2,400 for any reason , including if the Col ltrac::tor voluntarily pays more than the minimum amount required of the Contractor under this contract, unless this contract ii supplemented in writing to that effect prior to the incurring of any cost in excess of the total budget amount. 4 . 0. It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind services exceeding its contract amount requirement in order to establish tht project on a permanent basis , provided that it is expressly understood that any such voluntary payment or services shall not increase the State's maximum share under this contract. 4 . E. If the Contractor incurs project costs which exceed the budget amount without first obtai ning an approval in that amount by written contract amendment, the Contractor shall be solely responsible for the payment of such excess costs . 4 . F. The State 's share of the total budget amount will be provided solely from the occupant protection enforcement mini-grant application funds . Any obligation of the State under this Contract is contingent upon occupant protection enforcement mini-grant application funds being available for this Contract and upon the Contractor carrying out the eight scheduled enfon:ement waves . 4 . G. The State will pay the Contractor for the State's share of actual costs incurred on a monthly basis , subject to prior review and approval by the State of wortt performance and pursuant to payment procedures contained in the COOT OTS Contract Management Manual . The Contractor shall maintain an itemized ac- counting of all billings and other records to support an costs charged to the Contract and shall present same to the State upon request. 4 . H. The obligation of the Contractor for al or any part of the payment obligations set out herein shall only extend to mon .. duly and lawfuly ~ for the purpose of this Contract by the Governing Body of the Contractor. The Contractor hereby reprwnts and warrants that the monies to pay for the Contractor's obligations deacnbed herein have alrudy been legally ~ through "'30/97 by the Governing Body for the purpose of this Contract. Continuation of this pra;ect through JWle 30 , 1988 wil be solely det* Idem on available federal funds in flacal Yfll 1998 . 5 . The effective date of this contract shall be the date the Controller of the State of Colorado appi oves th is contract . or such later date specified herein . The Contract shall begin after April 1, 1997 and ~ on June 30. 1998. 6 . The Contractor agrees that any aubcontracta enter9d into by the Colitrac:tor under this Contract must fflN1 an ll)plable State and Federal r9qUirementa and must be appoved by the Offlce "'Transportation Safety pnor to execution by the Contractor. Page 3 of& pages .. I· • 0 :-. - 7 . a) Tennination PYe to Loss Qf Funding . The parties nereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated solely with certain funds provided to the State for the purpose of contracting for the services provided for herein . Therefore . the Contractor expressly understands and agrees that all its rights, demands and claims to a,mpensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State or Contractor may immediately terminate this Contrad. b) Termination fpr Ca,re . If, through any cause, either party shall fail to fulfill in a timely and proper manner the obligations under this Contract, or if either party shall violate any of the covenants. agreements or stipulations of this Contract, the non-breaching party shall thereupon have the right to terminate this Contract for cause by giving written notice to the breaching party such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents , data, studies , surveys , drawings , maps , models, photographs. and reports of other material prepared by the Contrador under this Contrad shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory wor1< completed on such documents and other materials. Notwithstanding the abcNe . the breaching party shall not be relieved of liability to the non-breaching party for any damages sustained by the non-breaching party by virtue of a breach of the Contrad by the breaching party , and the State may withhold any payments to the Contrador for the purpose of set off until such time as the exact amount of damages due the State from the Contractor is determined, if the Contractor is a breaching party . c ) Termination for ConyenieoCe . Either party may terminate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project. Such party shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof. at least twenty (20) days before the effective date of such termi- nation . 8 . The Contrador shall adopt a resolution substantially in the form presented by the State, which approves this Contrad. and authorizes a signatory to execute this Contract. A copy of such resolution shall be attached to and made a part of this Contract. 9 . INDEPENDENT CONTRACTOR RE,l,ATIONSHIP THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR ANO NOT AS AN E.~PLOYEE . NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE . OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE . CONTRACTOR SHALL PAY 'MIEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT . CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR ANO ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE ANO THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE . CONTRACTOR SHALL HAVE NO AUTHORIZATION , EXPRESS OR IMPLIED , TO BIND THE STATE TO ANY AGREEMENTS . LIABILITY , OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHAU PROVIDE ANO KEEP IN FORCE VVORKER'S COMPENSATION (ANO SHOW PROOF OF SUCH INSURANCE) ANO UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW . ANO SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEES ANO AGENTS . 10 . The Special Provisions •• attached her9to and heraby made a part hereof as terms and conditions of this contract. Page 4 of 6 pages -• I· • • • <. 11 . The Local Agency/Colllacmr lhal i. cog,1iza11 o1 a fuly camp1y wlh a1 lldaral 19qUirements appicable ID the perfonnaa al the Wart, and/or i$;AM4e to-,~ for the Wortt. under this fllderaly funded canlract. Such ........ include TIie •• Code ol Federal ~ulianl. Part 18, unless alla'i4Jpkll:4efldll'al....,...,.. _ men ..-:and lherebe superNde tlw pnwilial• ol 48 CFR Part 18. Pat 18 raqunnwlll includa. 11111u 1m1,r,,n: a) the Local AgencylContracmr lhal l*lw iM+.,.. ~ procedlna, • NCll,nd by l8Ctiar'I 18.38(d); b) tlw l.ocal AgencylConlra:tDI lhal requeat nf ablail'I prior COOT i41Piuwal ol chang• ID ..., IID:Ollllacta in tlw manner, and to .. llllllllt MqUnd by, i4Jplcable pl'CMID• ol l8Ctiar'I 18.30; c) the Local Agency/Coulracmr lhal comply will aclorl 18.37 manliig..., l&lbgrara; d) ID expedite any COOT appl oval, the Loc:at AgencylConlracla allDmey. or °'*' aulhorimd rapreaentative, shall also aubmil a llall' ID COOT Cll1fying Local AgencylContradDI compliance with w:tion 18.30 ctw,ge ordar pracadlna, n wilh 18.38(d) procurement procedunta. and with 18.37 u,grn procedures,• asipicable; e) the Local Agency/Contractor shall incorpora the apeciflc conlrad proviaionl dw:I ibed in 18.36(1) (which are also deemed iic:orpcnll8d 11.-ein) inlD..., aubconlrad(a) for IUCh services as terms and coi lditiol • ol thole IID:Ollllacta. Page5ollpages ' , - • 0 1 32xl ----------------~--------------------------------------.,,-~ • • .. • <. IN WITNESS WHEREOF, the parties herelD have caused the foregoing con1ract to be exeaad by their duly authorized afficera the day and year first above wrillan. City of IEnglalHOd STATE OF COU'JMDO ROY ROMER, GOVERNOR Coi•adoi . By ___________ _ Palilian: Thomas J. Burns. Navor MATllEW A. REAY, MANAGER TRANSPORTATION SAFETY NllJ Coi•adoi . TRAFFIC ENGINEERING BRANCH Palilian: Al Stanley. Safety Services APPROVED AS TO FORM: Clly of CI .. HOOd Daniel L. Brotzman, City Attorney ATTEST : ATTEST: City of Cl ... wood Chill Clerk Loucrishia A. Ellis, City Clerk Dlpstl,•lt ofT,•IIPQMtion APPRO\/Al.S CLIFFORD W. HALL Conlroler By ____________ _ GEORGE MCCULLAR Controller Department of Transportation By ___________ _ BARRY B. RYAN A If 1t• ii Alliolr.y Gelwal Civil Uliglillon Section • . - • • -~--------------------- • • Attachment D (Contract Fla'lding l.etler) Date : ____ _ TO: Oirec:tor Allen Stailey El iglewood Police Department SUBJ: Contract Funding L8ll8r In accordance with Panigias,t, 4 . A . and 4. B., batween the Sta of Colorado, Dllpar1ment of Transportation (COOT) and the City of Eliglewood covering the period of April 1, 1997 through June 30, 1998, the ur ldersigned cammils the following funds to the canlnlct: The amount of funds available and spec:ilied in paragraph 4 . C . ii irlCN 111 d by $4,000 to a new total funds available of $6,,4()() to satisfy orders, or to compete the performance of want. under the contract. Paragraph 4 . C . ia twet,y modified accordilrt;11y . This funding letblr doeS not canstitute an order for NNicn under this conlraet. This funding leDar ii 9ffadive upon IIAlf'OVal by the Stale Controller or such ...-. • i. may design-.. State of Colorado: Roy Romer . Gov9rnol By :---------- MATTHEW A. REAY . MANAGER TRANSPORTATION SAFETY AMD TRAFFIC ENGINEERING BRANCH APPROVALS : FOR THE STATE CONTROLLER Clifford w. Hall By : _________ _ Stam Contraler or DNlgrlN . . . . • ·~ er---------------------- • • SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. 11til cacna ... II -lie -cd valid -ii ia "'all llnc ._. --"7 die Cam,llc, oldie SlMc olColer-.0< --a lie_, __ 11tia ,...,, ..... is a,pliculc: to N)' c•UKt iavolwm1 tile pay,aca1 of 8CIIIIC!' by tM SUie. FUND AV All.ABILITY !. Fi...ci~ Nlica1ioat of Ille S1a1e of Colorado payatNC aflcr 1M cane111 r&ICM year are coui .. cr.1 .,,_ , ... , fe, daal ,..,._. Nia& ..... ~ ........... ... OIIIHWIM .... a,·aalable. BOND REQUJRE~L',T l . tr IMI cw •••ot1'fl tM payacac of we dllaa fifty dteuaM MAiara f• • CWlneliN. ffffl..._ rqtrl,M. -.......-c&. • i.apo uwaa el-,......_ -.-IIC·•-t.r•-1 .na••-•01llcr,-li<-f•-S.....,._-.11o, ____ ,___llltJ __ _ ·---!•--ddiYa•lllcS.-elfacial-willlip .. -.a_._,.,,....., _______ .,._....,. -·--·~-----_,., ...... _,.,_.., .. _., ______ ...,_.., . ....,__ ___ .. ,_, .. ,.lf __ ., __________ ildre ___ ' __ , ...... ,_,_la! ..................... ll,rc .......... c.,_..ta....._,,...... ................ ~~ Mcllcwnc,or•MSIIIKWIKIIII ia,af.,....oldlic ..,t; ,_ra..:a~ 10 N' doftc' or f~I, 10 pa)·-~~ wN ~ics ,nqj aactliaery. INla. or ... .,._.., 1• •M' p,otee"u• ... of 1M --' die twety ••II P8!' tM same .. • ........ cacirctltaf tk ... sptCiftcd ia die ......_ 'OICdla w1dl ...,.. M .. rlN ., ..... per ;CM ,er ..... Ualaa well ..... 11 UCCYIC4'. Ml1vcred -, m..•claiaiolf•-•----.--c--1•--•poNI.Acamlid•-·•-••----,.,- •• T-ol 1k S-olC.... _, •-4 iol lica ol a-. 11tio--ii ia~iaaa .;111 as :Jl.».106. 4.T••--i,,1aw.--..U-y.--.----s-iu..,.,...._ ..... ..-. __ a11.__ ._._ liMilily-__ ......,. _________ .,_, ___ .., ___ ........ ,.... --I WWWL•....--•--ol,--. s.n. ___ ._.,_ .. __ ..,., .. ~ _.,,,,,. ______ ... _ --·-· .... ..,......,_,._os..,....,_•...-.111r-.-..a... .... o,,.,-,-~....._-.,...."' ,,,,_ ___ .,.._..,,,__ .. __ .. a.. ___ .. ... ............. ___ ., ____ ..,.._....._ wn.-.. w ...--r.....,_ • ..,._ .. ,: ,---e1-.-.--......i.,...-. ..... _.....,_, ...................... _ ...................................... -.. _,..,_ __ ... C I ................ ~ ,_ ...... ...._.__ .......... ~ .....,_~ ............................ ~~-........ -., ............ ., .. ....................... · ,.._ ..... ,... .... ........ --.-.......... 41 s=- -·---"" .. _.,,... .................. ., .. _ I I . - (l,1'1111-will.ia.. • ... .....,.. ...... ., ___ . ., .. _. __ .. ..,_..,..ic-_ .... ·c .._,_ u1 ,_..._ ...... _..._...__..._.....,-. __ ......,_, _ _. • ..,_.......,. .... cc1n.-.;a-·----· • ... .-.-.._ .. .._ . .....,..._.......-.... -• -tis _..,. •• ,-,iat.., .. _... ...................... -· ¥ . ·---·· . -----°'*'-~ o,,cn.,;,,.-~ ---4"il 16. lffl.-., .. -..,...._, __ a...., .. a..-. M11'1111 ____ will,...all ______ .,._..., ....... a.. ..... a..e-,-~--""" ... l ffl. -"" ....... ,......._o.-., .. a.-.. .• ,__ ...... _ .. ,... ___ ............. __ ., ... ____ ..._., .. a..-......... ,.,...,. . --....... -............... -. le l A-_,..,..,_..U __ ..,........,_.,..... ...... _., ...... _._ • ..,.._,, _ _...... a--.,w_,,_......., ___ ..._._,,., .. ___ ,......,.,_.,_.........,_.,_.....__. •1. .... ..., an11n . or....,,. (flA-_,.., .. ___ .. ......,... _________ -' __ ,_.,...,..,, .......... _ ... •.c•• •• , .......... ___ ... .....,... ___ ., ___ .., __ -. ______ ...., •-IJ toe ___ ..,.,. ___ ......,••-· ,. -.. ..c -a.. .. -IJII JN.s,.e1 .1e:: .. ,......l.... -~- • .. I • 0 • • ,. • • ISl la 111C .-ol 1M comrac1or ·, no1t-elllllpliun ,.-; .. tllc _-<liKrimi.._ cla..a oi lil11 c__, • widl-,.., _. .-_ rqiolalias. • ordon. .dois --, be canceled. ICflllillalccl or,..,._· -or ill,... -die -may II& -iadiaillle f• fwllla S.--ill -willl praccclura. au&bariaed i• Eacaotiwc °'*'· ~ Oppaowily -A~ Aaiea el Afril 16. 197' -.. r-. ........_ • _,.._,_iaaccordancclllaewi.._ _______ _,, .. _,_,._...-.. _,i._as......,iaEaenti,,cO..,. i.ai 0.,.,..., Md Affiraali• AaiGa ol April 16. 1971. or Ill'-.....--. or -..-.-ii -...... or•-.... ,__II!' .... (llll"M-wiU i11C_ dlc....,..isiauol ........ (al-p(lll iac-,-....---~--........ 111' nila. .......... or orders -.,.._ IO Eaenti,,c 0..... e,...I ~y ad Affiraal1wc Aaiaa ol Afril 16. lffl. ---,....;.... will .......... ----or-. Tllc-wil--aaioll-.wa,octlO..,. ... Cl IKlillor,,__ ___ ____ ....,...,...,.._.,._otcafolcia1-"---.•....__...,__ .. _,,;_ ,........ _______ _ --···•is•b-wim.litiplioLwilll•w-KIOior--·-··'---.., ............. ....., ... _ ,-y-lllcS.. olColoraclo10_iMo...., filiplila10,..... die __ oldie Ss<acof C:..... CCII.OaADO LilOR PUFERDICE 6a.--elCRSl-17-IOIA IGZ•...,._elC:.... ______ dlis_il,..._ ___ S-___ _ -r-.. -.. ,....,s...,__ .. ..._. __ , .. ,-1c,..;oc,is••-··-··-----. .....-...... ----... _..,r.-.p..-f!-'•••lw!"'-r-«...-~•-•-.,c--,.•wlllell•---i••-lfilia-lllJ 111c..t1n, __ f•••......,lilellNl_._. ______ , .. _y....,..-.. :~,r--..---. ..--.. - -·--· 4 . ,.,,_.. ... _ .. _______ ... ~----·--·--·· --· _,_,.. · cCUl-lt,.ltl Md l02) 1.n. ............ c.... .. --...-..--...----......... -, _____ ., .. __ ,..., __ ., .. ____ .....,__.., ........................... ..,..,_,;.lciol...,.,-.- ia_ia ___ ...._ ........ ...--.---.-. ....... -• ..,....-........... .., ........ ---..... dlis·-,---....-----... -----------,--·--..,-., ........ ____ ,..., ______ .., ___ _,_,...... .. _ ......... _., ______ _ _ . ._....,__ . LAlll_.._ .. ,_p _, ___ C--_ _...,.._ ... ..,.._ ...... _. ___ ...__....,_ __ ------,.,,_....., __ _,_...__as ............. (8dbclJ_.C:-,...,._._.CIS ......... -. ..... ~o1,..._om-,. ----·---·-... n...,.... ___ .. .........._ __ .....,_ .. ..,,_ ........ __ .................. ....., .......... WTT7flSS ............. ----c-------- -.. ..c a.'C ........ IN~ .... ,µ,.,.,. .... ~ -·•'-•-2... ..... • . .. • 0 1 32xl • • • • • I COUllWIO DEPAR1IENT OF TIWIIPORrATICIN ~lffRACT OBJBCTIVE PLAN 2 3 4 5 II 7 II ' • I It -· ........ PalaC; ,,au-=To ............... 1 .......... IIIJ ______ __ ..... Cir"'~ ....... •1 • 111-.... ................ _ ....... ............... dooatled In ....... Qallupaill ....... TllillC......,c..a:t• _... ..... Adwttr D•Cf1pll lMI Provide law ••-•..,.... '11111*' .. Cly 111 EtiglNoad fDr a.time •lb__. 111 Colorado's ....... a-. wilt, al ......... on .. prinWy cflild Pl I ,gll • • ....i in 1tle Approved IOCC:IIPllnl Prallcllan TWIST C....,.. Cornet Enc:DUII_ .. Cly 111 EnglllMIOd .._.., ... 1r1111c: c::illlllonl fDr vialalialll 111 Colcndo'1 occupant.....,. .._. aac.s ---.in .._ii J; ·•• 11111 IUCl'I c::i11111on1 .. __... IPllrllcil-in_. (I) iwtJ .-cl •.fan.a••-(Wllal.,..... ......_, wilin .. lllllcMillll lme I-Dl7 112S,D111 ..... .., 1tr11~ ,11...,. -,s.,wa .,,..__ IIDallr ........ ,.. .............. _ ........... inbmlll pre & poll •.folca,a• '*Y ball utage ..,._,_ 111100 mMIS and 100 aullaad p II ,glll be cm..-on COOT pinld bma and ......,wlt*l 7 dayl 111 .. c:andullon 111-=tl-. . ai 111:fMly Evalualion Repart pRMdld br COOT (Via fllll) ID Marian Fills (303) (797-1483), FAX: (303) -I051) arldfor Main Nlllon (303) (202~ i,, 5:00 p.m ... day.._ doing .. ....._.. •.fD.ca,a• .S. ...... d-.~ .,., -,..., 11271a --.... 111111° ... ....,,_...., .......... __ ........._ local .... madla ol achedulld specill .-Y prog,M'II and uflly llellfdlild --- lcalinalillllC8 in .. falal cralla. Nd!-~ .... -~ will• COOT~ '*Y llladllft81dar-'*Y ..... _._ ... ...._ • ._.,.._...~_...,.. ........... coor. ldlllllllll ....... •on •111111191131W17. ......,,.....(....,...a,, .. aa..111r,a.....-..,....,, .. .,.._.. ...... alDis ..... in ,.,.., ........ .._. ............... -. 11lili.foi, I , ................. ... ... ....... - • • 0 . .. • .. I COt.l)IW)C) --QF-ATION CONTRACT EVALUATION DATA Evalualian Dw:rtfltiu, I 1 .,.,., Olis manth {begi Iii IQ in Aprf), Ille shall canduc:t •1bce.1•• wa"9I and IUbmit IUffllllalY NPC111S ID Ille Olllce afT1ailjiOl11111Di, in wwwdaia wil'I Ille Occupalt P,.-.... TWIST Connel ,,_ Ellbce.1•• Sumnay Reports · -al adlvity accampliltln'lallS a !9qlftd by Contract NA2fJ during Ille rwpor1ing period. 2 Upon COl1'4*li)n of al Oc:cupant P1iAICllui1 1WIST enfolmnait adlvity. Ille l!s;gllmaad Polee will submit eight (8) ~ Evaluallan Reports ar bafant 4129117 , 6/'l/97, 8/21J/97, 10/28197, 1127198, ~. 5/5198 , and 612198 in accardanc:e with Ille Occupant Pl'Oladion 1WIST Campaign guidelines. 3 No pay1N11t ror com incuff9d during 111e rapor11ng period will 19imburW1 by Ille Otlce d TralSpOl1alial, Sar.ty until Evaluation Repcn and claim ~farms beal 19Cai¥ed. ,,.. ., dam,....,,,.,., ;,, ,,.. coor ors Connet M1n1gen1ent ...,,.,.,, . • Typed ....ilcln P91t1111•a P91t1111•a Petbaaaa Report li1.al'la1• Qua1111ylF"tnal Qua1111ylF"tnal QuarllrtylF"tnal ' ' .. ·-----~----------------- • I • - COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT t NA28 • Englewood Police 0epar1ment BUDGET ALLOCATION FOR HSN TASU Cost ~ OTS(S) Aaencv(S) Total(S) Personal Services $6,400 -0-$6 ,400 Operatina expenses Travel expenses Caoital equil)ment Other Totals $6,400 -0-$6.400 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES -0-LOCAL $6.400 BUDGET ALLOCATION FOR HSPt TASU Cost cat.gory OTS(S) Aaency($) Total($) Personal Services expenses Travel expenses capital ... Other TOlall DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCALS BUDGET ALLOCATION FOR HSPt TAIU Coat OTScfl . .S) TotallSl .. Personal Services -' exDenNI Travel expenses Canal eqwamant Other TOlall DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCAL .. •· TOTAL BUDGET OTS(S) Total(I) ..... ..... .._ ____ .., __ _ ---- • -------------------------------~-----------,.---------,.-- • Data April 21, 1997 INITIATED BY Lib • - COUNCL COIIIIUNICAllON ~--10 a vi STAFF SOURCE Hank COUNCIL GOAL AND PREVIOUS COUNCL ACTION ,.. SubleCt "Food & Beverage Senrice" for the Public . The Library propoNII to pl'OVide illl patronl wiltl • balic Nlactiorl of load and ~ lo maka lheir Yillil to the Library more -.,yable. RECOIIIIENDED ACTION The Libn11y Department and the Library Board l'IICOITWMlld Cly Council applOVal of a Olalwlca authorizing 1he Libnlly Department to contract with MJH EnlilllJl iaal, Inc. tor the proviliol't of a limiled food and beverage l8l'Yice for Englewood Libnlly patronl. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDBll#ED In its "EPL 2000" cunent five yeai plan, ._ Llnry Boald and l.lnly a.I •mined variolll ways of improving 1he overall ambiance of the l.lnly • ... -ways lo lllrllct ............ 1o .. Unry. One of the ideas offered and ll.tppOllld formally by .. l.lnly Boaldin .meqi .......... .. addition of a "food and bel.wage NMCa" that would prowida a balic ...,.,ang al cdlae, -. aoft drinks, sweet rolls, Ille. for sale to our peln:lnl. A IU'llber al dtar neighbariig lllrary ..... (e.g. Arapahoe Library District. Bouldlf) heV9 al!Ndy er*'9d ttlil wvice, and 1'1 becanling qulla popular in boolclllores such as 1he Tatterwd Cover. We feel that ttlil NIYica wa be an added -.w:lon tor cu CUIIIDmalS. F1NA1tC3L .. ACT The contract lpacifiel that the Concaeaionaint wil pay the Cly. ~ ... al lo CIOV9r .. coat of providing the apace and elactriclly nee 1111-, lo provide ._ wvlca. Ant and al aller' pnifls belong to the Conceuionaire. UST OF ATTACHIIBffll Ordinance ' I .. • 0 1 a2xl -----------------------.. ,--------~-----~----------.,-- • ORDINANCE NO. _ ~OF1997 • • BY AUTHORITY ABILLl"Oll COUNCIL BILL NO. 36 INTRODU~BYCOUNCll. IIIDIBBR fir Alf ORDINANCE AU'l'lloamNG A CON'ftlACT POil TIIB BNGLBWOOD PUBLIC LIBRARY FOOD AND BEVEllAGE SERVICE. WHEREAS, the Englewood library 1riabea to make ita patron's viait to the Library more eltjoyable by providing them with a buic aelection of food and beverqea; and WHEREAS, the Englewood Library Board and Library atdbave .-rcbed various ways of improving the overall ambiance of the Libruy u well u _,_ to attract additional uaen to the Library; and WHEREAS, a number of other neipborin, library ayatiema have already entered into this wvice and it ia alao becoming quite popular in boubtuna; and WHEREAS, the conceuionaire of the Food and Bevsqe Serrice to the Eqlewood Library will provide buic samples of coffee, teas, IOft clrinb, -i rolla, etc. for sale to Library patrons; and WHEREAS, the Cantnd; apecifiea that the Caa c I rileeire will pay the City a monthly fee to cover the coat a praridinc the .,_ and electricity _.., to provide this service with all other prafita bekepng to the Cm · m•ire; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS POU.OWS: Sectior 1. Tbe City Council at.be City aEnclewood, Colando benbJ •udlariw the Contract for Enclewood Public Library Food and Bevenre Semce attacbed beret.a u EmibitA. Introduced, read in full, and paaaed on fint ntadinc on the 2ht clay a April, 1997. Publiahed u a Bill for an Ordinance on the 2'th day of April, 1997. Tbomu J . Burna, Mayor ATTEST : Loucriahia A. Ellis, City Clerk 1. Loucriabia A. Ellia, CitJ Clerk at.be at,. a lapawood. Calando. banbJ ~ that the._ and fansainc ia • a-capy a. am,.. .. Ordinaw, lrdr...tuo.l. read in full, and pMNd m ftntreadingm tbe21atclaya April, 119'7 . ·- • 0 1 J2xl • 0 - CONTRACT FOR ENGLEWOOD PUBLIC LIBRARY FOOD & BEVERAGE SERVICE THIS contract. hereinafter called ·contract". made and entar9d into this day of ~ 1997, by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, hereinafter referred to as "City", and MJH Enterprises, Inc. hentinafter referred to as ·concessionaire"; WITNESSETH: WHEREAS City and Concessionaire desire to enter into an exclusive use Contract for the management of the Food & Beverage Service located at the Englewood Public Library; NOW, THEREFORE. for and in consideration of the mutual covenants hereinafter. the parties hereto agree as follows: Section,. STATEMENT OF INTENT. The purpose of this Contract is to provide limited food and beverage services to the public and staff members using the Library. Section 2 GRANT . The City hereby grants exclusive use to Concessionaire the portion of the Library designated by the Library Director or his des1gnee for this concession . located at 3400 South Elati Street, E:igtewood. CO 80110. for the purposes of serving food and beverages. mn includting alcoholic beverages. Section 3 OPERATION. Proposed food and beverage operations shalt be allowed within the public and staff area of the Library . Nothing herein gives Concessionaire any right to interfere with or participate in the operation of the Library u a tibfary. Section :4 TERM OF CONTRACT. a. The City hereby grants to Concessionaire the right of exclusive COi c 111ion privltegl pursuant to the tamll of this Contract for a term of SIX MONTHS commencing on __ , 1997, the dale of this Contract. and ending on ~ 1997. unless the term of the Contract is terminated u herelnafl9r pn,vided. b . Following acceptable operation of the service by the Conceuionaira by the City. the City shall extend this Contract for a period mutually agreucte to both parties but not to UCNd 3 years. Sections. USE OF LIBRARY FOR CONCESSION. a. The Concessionaire shalt have the right to use the dNlgnalad ara tor the purpoN of NfYing food and/or beverages. not including alcoholic beverages. tor consumption by the Library public and staff . ~. nothing 1n this leue shalt be construed to authorize that which is Pft)l"llbitad under Unad Sta1N. State or local law. oniinance . code or regutanon . Conces110naire shall operm in a car9ful . safe. QUiat. orderly. and busineuliu manner. ConCftSIOnaire shall not use or permit the premiMI IO be UNd for alfo/ purpoNI lhal is prohibitad under the laws of the United States. statutes of the State of Colorado. or ordinances. l9gUlalionl or codes of the City of Englewood. b. ConcltSSIOnalre shall provide food and/or beveragas. not including alcoholic bell9rages. in the Library through the use of a Sland. Said stand shall be in the form of a safe and standard food NMCe appliance that II portable and lockable when not in operation. UM of a Sland shall not ~ wilh the ope,alion of the Unty. ~ to the public and staff 1n the Library shall be relll8Wed by the Library OlredDf or hil dleigrlee on a regular ball. S,s;tjon §. EXCLUSIVE RIGHT. a. City hereoy grant1 10 Conceuiona,re the right ID IN dellgn-.d ara in the L.inly ID aper-. a food and bell9rage stand . •. I· 0 ---------------------·-----------------.·------------------ • • • b. The City and Library reserve the right. and grants this same right to any and all other City and non-City groups, to bring in food and beverages from other outside sources for any meetings or functions using the Library Conference Rooms. However, any such food items shall not be sold or otherwise distributed either outside or inside of the Library. c. The City and Library reserve the right to allow non-profit organizations such as the Friends of the Library to conduct periodic "Bake Sales" or other fund-raising efforts to benefit the Library or other City department. d . The Concessionaire shall operate consistent with the atmosphere found in a public library. S:tlililm.1-MENU SELECTION. The Concessionaire shall provide a public menu listing available food and beverage items along with current pricing . Concessionaire reserves the right to modify the contents of the menu and the prices of those contents to rMet its needs subject to the final approval of the Library Director or his designee. Sec!jon 8. HOURS OF OPERATION . a The Library is open to the public on the following days and times: Monday through Thursday 10:00 am. • 9:00 p.m. Friday and Saturday 10:00 a.m. · 5:30 p.m. Sunday• 1 :00 p.m. • 5:00 p.m. • The Ubrary is closed on Sundays from Memorial Day through Labor Day and on Easter Sunday The Library is closed on designated City holidays. b. The Concessionaire shall operate the toed and beverage service within the aboYe days and times as agreed upon between the Concessionaire and the Library Director or his designee. c. Proposed changes by the Concessionaire to the hours of operation of the food and i-.rage service shall be made in writing to the Library Director or his designee. Changes in hours of operation may be modified upon written approval from the Library Director or his designee. ~-OPERATION . MAINTENANCE. REPAIR ANO REPLACEMENT . a. The Concessionaire shall be responsible for the operation. mainlenance . rwpail'I and ,wplacelnent of food and beverage stand unless such cost is due to negligence or other acts by the Linty or City. City shall make r,ery effort to protect the proper of Concessionaire after hours. but it shall be ~ily of Concessionaire to prcpeny secure his property at the end of each business day. b. The Conceuionaire shall be responsible for any and all damagN to the Lbrary or to Libraly and/or City Pl°'*'Y resulting from improper use of the food and beverage service by Conceaionan or Its dNignN. c. Concessionaire may temporarily cloH the food and bevenlge service for clNning, ~-and/or~ to the food and beverage stand under a mutually a9f'Nd upon achedule. City ,...,,,.. the right to ~ clou the Library u may be necessary to implement changes in its operation or phylical ..... d . Conc:euionatre shall supply a pan, mat. or other method to prollCt carpet for floor of lb1aty from graue. food. or spills , sut>,ect to approval of Library Oil9Ctor or hil delagnN. Sec!jon ,o . PAYMENT. UTILmES ANO FEES . The City agreea to pfOVlde a dNignaled apace Wlltw1 the Lbraly ID the eonc...on... • no c:ha,ve alt-, than the monthly ulilily fN of 125.00 per month to COll9I' the COit of prowing 11'1 eledncal °'* and power ~ ID aper-. the food and beverage NMCe. All proflta fn,m the operallon al the food and bev9rage ........ ..,..,, the piapeny al the Conceuionau9 . I· 0 • 0 I• • Section 11 . JANITORIAL SERVICE AND TRASH REMOVAL a. The City shall be responsible for the reasonable cost of trash removal and janitorial service for the Library. b. The Concessionaire is responsible for daily cleanup associated with the operation of the food and beverage service . At the dose of each business day, Concessionaire shall bag all trash daily for removal by City janitorial staff. c. Concessionaire Ghall periodically remove food-related trash (e .g. empty cups) from public areas of Library (e.g. floors, tables, chairs) in order to maintain acceptable appearance of facility. Section 12. PARKING FACILITIES. The City shall maintain at its own expense all parking related to the U>rary. Concessionaire shall park in an area mutually acceptable between Concessionaire and Library Director or his desigMe. Sectjon 1a. SIGNS AND PROMOTIONS. a. The City and the Concessionaire shall share proportionately as may be pr9Viously delennined and mutually agreeable in the cost of installation and maintenance of any sign or signs at the U>rary promoting the food and beverage service service , and containing language that is mutually agreeable . b . All marketing, advertising , promotion materials , and signage to be used by the Conceuionaire shall first be submitted to the City for its approval. Section 14 . PHYSICAL FACILITY AND EQUIPMENT. a. The City agrees to provide space and electrical power for the operation of a food and beverage service . b. The City may, at its determination, relocate the Conc:euionaire to another area of the Library, depending on the spacial and/or operational needs of the U>rary. In such cue, the coat of relocating the electrial power for the operation of the food and bellerage service shall rest with the City. c. Concessionaire shall be provided acceu to Staff area facilities , e.g. water and sink. • may be necessary to conduct operations. Any blockage of sink drains created by the Conceuionaire shall be l'9l1'l8died at the coat to the Concessionaire . Section 1s . THEFT AND DAMAGE SECURITY . The Concessionaire is responsible for the obtaining of theft and damage insurance COll9ring all equipment, food and other supplies and personal property of Conceuionaire. Such policies shall contain no right of subrogation against the City. The Conceuionaire shall provide a copy of the policy to the U>rary Director or his delignee. Sedjgn ]6. PERSONNEL . a. The ConceaSIOnaire will not dilcriminate against any employee or applicant for~ becauM of race , color, re ligion . sex. sexual orientation, or national origin and will coqlly with the Americanl with Disabilities Act. The successfu l Concessionaire shall adhere to acceptable affirmative action guidelines in Nlectirig emplo,ees and shall ensure that employees are treatad dunng employment. without regard to their race , color. Mligion. sex. sexual onentation , or national origin . Such actJon shall include, but not be limad to. the following: ~ upgrading. demotion . or transfer . 19Cruitment or 19CNitment adveltiling; layoff or tanninalion, ,... of pay or other forml or compensation; and Nlection for training, including app,9111icNhip . b. The Conceuionaire shall at Ill own expense employ IUCh qualified personnel • may be neceaury for the operation of the food and bellerage NMCe and ahall 19QUira al per9C11iel to be dNn. polila, and courtaous in their tranudiona Wllh the public. c. The Conceulona,19 ahall gNe tl'alrWlg. perlOIW aupeMIIOrl and dndlol, to the .... aperallian of the food 'Mid beverage ltand. and when abeent kNP ~ l*IOl•lel in charge . I· 0 • • ,. ·, - d . The City shall not be responsible for the wages or salaries of any employee or representative of the Concessionaire, nor for any debts, liabilites or other obligations of the Concessionaire. e. Neither the Concessionaire nor the employees of Concessionaire who perform services pursuant to the Contract shall be considered employees, S8fVllnts or agents of the City of Englewood as a result of the perfonnance of services under the Contract. f. Violence or acts prohibited by law committed by Concessionaire or employees of Concessionaire shall cause immediate termination of the Contract. g. Concessionaire shall provide the City with the names and emergency phone numbers of all employees, and must notify City in writing if any of these employees are terminated. Sac!jon17. LICENSES AND PERMITS. Concessionaire, at its own expense shall secure any and all licenses and permits for the operation of a food and beverage service within the Library. These are to remain in force during the duration of this Contract. Sectjon 1e. COMPLIANCE WITH STATE AND CITY HEAL TH CODES. Concessionaire shall keep all concession areas in a safe. clean and sanitary condition at all times and shall comply with all state, county and city health laws relating to the dispensing of food and beverages. Sectjon 19 . INSURANCE AND INDEMNIFICATION. a. Concessionaire shall be required to have sufficient property, liability, and workers compensation insurance and to provide the City with copies of the Cel1ificate of insurance. b. Concessionaire shall at Concessionaire's own expense keep in full force and effect during the term of this Contract statutory Worianen's Compensation coverage . c. INDEMNIFICATION: Concessionaire agrw to indemnify and hold harmleu the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and against al liability, claims, and demands, on amount of injury, loss or damage . of any kind whatsover, which arise out of or are in any manner connected with Conc:euionaire, if such injury, loss, or damage is caused in whole or in part by the act. omiuion, or other fault of Conceuionaire, or any officer or employee of Concessionaire. The Conceuionaire agrees to investigate, handle, respond to, and provide defense for any such liability, claims , or demandl at the sole expenN of Concessionaire, and agrw to bear all other costs and expenses related thereto, including court c:om and attorney fees, whether or not such liability, claims or demands alleged are groundless, false, or fraudulent. d . INSURANCE: Concessionaire shall procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all obligations assumed by Conceuionaire pursuant to this Contract. 1. Concessionaire shall procure and continuously maintain the minimum insurance coverages listed below. with forms and insureers acceptable to the City of Englewood. In the case of any clai1n1-made policy, the necessary retroactrve dates and extended reponing periods shall be procured to maintain such continioul coverage. a) General Liability and Products/Complel Operations Insurance with maximum limit of S1 million per occurrenc:e/$2 million annual aggregata. b ) Fire and Extended Coverage Insurance shall be provided by the City on the Ulra,y. Conceulonaire shall be solely responsible for securing and paying for insurance coverage on thou imprwlel• and~ belonging to Conc:euionaire locmd in the Unry. Conceuionaire hnby ...-walv9I any cauN of action or right of rec:owry which Conc:eaionan may helNllar haw againlt the Cly for any lou or damage to Ulra,y or to any conl9nls or~ therelo beloligiig ID eithel' pe,1y, cauNd by tn or eic,loeiol,. C) The policies required above shall be endorNd ID include the Cly of l:tiglewood and the Cly of Eliglewoc,d°I officers and ~ ..... u additional ...i. Every policy reqund 1bcM st.I be prinay ....ance, and any insurance carried by the City ot Englawood. ill offlcets, or ila emp1o..-, or carried by or p,IMdad I· • 0 0 • Section 11 . JANITORIAL SERVICE AND TRASH REMOVAL. a The City shall be responsible for the reasonable cost of trash removal and janitorial service for the Library. b. The Concessionaire is responsible for daily cleanup aasocialed with the operation of the food and beverage service . At the close of each business day, Concessionaire shall bag all trash daily for removal by City janitorial staff. c. Concessionaire shall periodically remove food-ntlated trash (e.g. empty cups) from public areas of Library (e.g. floors, tables, chairs) in order to maintain acceptable appearance of facility. Sectjon 12. PARKING FACILmEs. The City shall maintain at its own expense all parking related to the Library . Concessionaire shall park in an area mutually acceptable between Concessionaire and Library Director or his designee. Sectjon 13. SIGNS AND PROMOTIONS. a The City and the Concessionaire shall share proportionately as may be previously detennined and mutually agreeable in the cost of installation and maintenance of any sign or signs at the Library promoting the food and beverage service service, and containing language that is mutually agreeable. b. All marketing, advertising, promotion materials, and signage to be used by the Concessionaire shall first be submitted to the City for its approval . Section 14 . PHYSICAL FACILITY AND EQUIPMENT. a. The City agrees to provide space and electrical power for the operation of a food and beverage service. b. The City may, at its detennination, relocate the Concessionaire to another a,ea of the Library, depending on the spacial and/or operational needs of the Library. In such case, the coat of relocating the electrial power for the operation of the food and beverage service shall rest with the City . c. Concessionaire shall be provided access to Staff area facilities , e.g . water and sink. as may be necesaary to conduct operations. Any blockage of sink drains created by the Concassionaire shall be remedied at the cost to the Concessionaire. Section 1s . THEFT AND DAMAGE SECURITY. The Concessionaire is responsible for the obtaining of theft and damage insurance covering all equipment. food and other supplies and personal property of Concessionaire. Such policies shal contain no right of subrogation against the City . The Concessionaire shall provide a copy of the policy to the Library Director or his designee. Section 16 . PERSONNEL. a. The Concessionaire will not discriminate against any employae or applicant for employment becaule of race. color, religion, sex , sexual orientation , or national origin and will~ with the Americanl with Disabilities Act . The successful Concessionaire shall adhere to acceptable affirmatiye action guidelines in Nlecting ~-• and shall ensure that employees are treated dunng employment, without regard to their race. color, religion, sex, sexual orientation , or national origin . Such adlOn shall include, but not be limited to , the following: 9f11)1oyment. upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, ratN of pay or other forms or compensation; and selection for training, including apprenticeship. b. The Concessionaire shall at its own expense employ such qualified personnel as may be nec:esaary for the operation of the food and beverage service and shall require all personnel to be c:INn, polita, and coulteoul in their tranuctions with the public. c. The Conceuionaire shall give training, personal supervision and dll9Ction to the safe operation of the food '-1d beverage stand, and when absent kNP competent peraonnel in charve , • •. I· 0 • • • through any self-insurance pool of the City of Englewood shall be excess and not contributory insurance to that provided by Concessionaire. d) The Certificate of Insurance provided to the City of Englewood shall be completed by the Concessionaire's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in fuU force and effect, and shall be reviewed and approved by the City of Englewood prior to commence- ment of the Contract. No other form of Certificate shall be used. The Certificate shall identify this Contract and shall provide that the coverages afforded under this Contract shd not be cancelled, terminated, or materially changed until at least 30 days prior written notice has been given to the City of Englewood. The completed certificate of insurance shall be sent to: Purchasing Department City of Englewood 3400 South Elati Street Englewood, CO 80110 A certified copy of any policy shall be provided to the City of Englewood at its request. e) The parties hereto understand and agree that the parties are relying on, and do not waive or intend to waive by any provision of this Contract. the monara,y limitations (presently $1 mimon per occurrence and S2 million aggregate) of any other rights, immunities, and protedions provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., u from time to time amended, or otherwise available to the parties, their officers, or their~- 2. A certificate evidencing said insurance policy shall be kapt on file with the Purchasing Department of the City of Englewood and shall have a provision that the same shall not be altered. amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Conceuionaire further ag1NS to indemnify the City for any claims brought against the City because or on account of Concessionaire's operation. Saction 20 . FIRE OR NATURAL DISASTERS. In the event fire or natural disaster renders the Llnry and itl conceuion fllcilitiel ii iapenible, and such conceuion facilities are not open and operable within a period ot'lhirty (30) days from the time of IUCh chaar. Conceuionaire has the right to terminate this contrac1 with the City under Section 22, Termination of Contract. contained herein . Section 21 . TENANT RECORDS. Concesaionare shall provide the City with a monthly..._ report. brolcarl down by day. Section 22 . TERMINATION OF CONTRACT. a. Thia Contract may, at any lime. be terminated by either party upon thil1y (30) days writtal'I notice to the other without cause b. The parties may terminate the Contract by giving thiny (30) days writan notice ol a violation of this Contract. citing specific exampiea therein . Saction 23 . DELIVERY AND REMOVAL UPON TERMINATION. Conceuionaire wiU deliver the premiNa at the termination ol this Contract in • good condition and state of repair u when received. except for ordinary wear and tear or lou or damaged cauMd by an ad of God. Upon termination Conc:.uion- aire shall have the right to l'8fflOll9 any auppiN or peraonal property belanging to or inltaled by the operator, subject. however. to any valid lien or claim which City may have tor unpaid .... PnMded Illa 1h11 if said removal ~ any damage to the premiw, said Conceuionaire ahal 1-.pair the same in a prapel' and aatiafadory manner at Ila own expense. NOTICES. AU notJCH. demands and communecationa hereunder lhall be peraonaly Nfved or gh,9,, by certified or regiater9d nail. and: .. I ---7,"'""-------------------.,-~------------------------~ • • • (. a. If intended for City, shall be addressed to City at City of Englewood Attention: Library Director 3400 South 8ati Street Englewood, CO 80110 with a copy to: City of Englewood Attention: City Attorney 3400 South Elati Street Englewood, Colorado 80110 b. If intended for Concessionaire, shall be addressed to Concessionaire at: MJH Enterprises, Inc. 995 East Otero Avenue Littleton, co 80122 c. Arry notice given by mail shall be deemed delivered when depolil8d in a United States general or branch post office. addressed as above, with postage prepaid, or when HMld personally at the applicable address. Sectjon 2s. ENTIRE CONTRACT. This Contract, together with the exhibits attached hereto: a. Contains the entire Contract between the parties; and b . Shall be governed by the laws of the Slal9 of Colorado The successful Conceuionaire ahal have no right or power to allign or~ this Contract. except by prior written penniuion of the City of Englewood. 5ectioo 26. SEVERABIUTY tt any clause of provision of thil Contract ii legal. invalid or ui ~ under preNnt or future laws ehclM during the term of this Contract, then and in that ---. ii ii the .__, of the pel1IN hereto that the remainder of this Contract shall not be affected thereby. It is ao the inlenlion of the pe,1iN lo this Conlnlct thel in lieu of -=ti cla&IN or proviaion of this Contract that is illegal, invalid or ui•llolceable. there be added a a pan of this Contract a c:laUN or provilion u smdar in terms to such illegal, invalid or ui~ c:lalae or provilior'l a may be pouible and be legal, valid and enforceable . 5ectioo 27 . CAPTIONS The caption of each Section is added as a maaer of a,n..,. lial a only and shall not be coneidered in the conatruction of any provilion or provi&isiona of this Contract. S,c;tjon 28 . BINDING EFFECT Al terms. c:onditionl and covenanll to be obNfved and peitormed by ltw pa,1lea helao lhal be applk:able lo and binding upon their respective heirs, adffllniltrators, eucutora, IIICCN80l'I and wignl. ..... ... .. ~ . I . ~ ·, • ' r - ·1N WITNESS WHEREOF, the parties hereto hav9 tw.no Nt their hands and ..... u of this day and year first above written. CITY OF ENGLEWOOD, COLORADO "City" By _________ _ Tom Bums, Mayor ATTEST: • • I ' .. • • 0 '32xl • er-~----------~----~------ OBDINANCB NO . ....1. SERIES OF 1997 . . • • BY AUTHORITY COUNCll. Bll.L NO. 27 INTRODUCED BY COUNCIL MEMBER WIGGINS AN OBDINANCB APPROVING SUPPUDIBNT NO. 1IO TO TIIB SOUTHOATB SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommend.a tbe inclusion of approximately 3 .081 acree into tbe District; and WHEREAS, aaid iocluaian ii located near Belleview between Steele and Holly, next to tbe Highline Canal and tbe zoning oftbil property ii currently R 2.5 (PUD); and WHEREAS, tbe residential IOlling ii the intended uae of tbe property which will allow a maximum of 2 N!llidencell per 2.5 acres; and WHEREAS, said anneution of tbil additional parcel of land will not increaae tbe tap allocation to tbe Soutbpte SanitatiOD District; and WHEREAS, tbe Englewood Water and Sewer Board recommended approval of Supplement No . 130 to the Soutbpte Sanitation District at the March 11, 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 tbe City of Englewood and Southgate Sanitation District entitled "Supplement No. 130 to Connector', A,reemmt9, which incluclea approximately 3 .081 acree located at approximately Belleview between Steele and Holly, next to the Higbline Canal into the Soutbpte Sanitation District ii hereby approved. A copy of said ~t ii attached hereto u "Emibit A" and incorporated herein by reference. Sec;tjgp 2. The Mayor and City Clerk are hereby autbori&ed to lip and attest, N!llpeCtively, the said Apeemat for and OD bebalfoftbe City Counc:il and tbe City of Englewood, Colorado. Introduced, read in full, and puled on fint reading OD tbe 7th day of April, 1997. -1- 10 b 1 .. •· • ,. • • .... r Publiahed u a Bill fur an Ordinance OD the 10th day of April, 1997. Read by title and puaed on final nadin, on the 21st day of April, 1997. Publiahed by title u Ordinance No. _, Seriea of 1997, {!fl the 24th day al April, 1997. Thomu J. Buma, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk al the City of Eqlewood, Colorado, hereby certify that the above and foreavilll ill a true copy al the Ordinance puNd on final reading and publiahecl by title u Ordinance No._, Seriea al 1997. -2- .. -• t . . ' • • • I• • ,, BUPPLIMEHT NO. / 30 TO CONNBCTOR'B r.G1lBBIIIIIIT TRIS r.OREIMEHT, aade and entered into by and between the CITY or BNOLBWOOD, acting by and through ita duly authorized Mayor and City Clerk, hereinafter called the "Cit:,," and BOUTHOJITB BJINITr.TION DISTRICT, r.rapahoe and Douglas Counties, Colorado, hereinafter called the "Dlatrlot," WITNB888TRI WIIEREr.a, on the 20th day of June, \961, the City and the Dlatrlct entered Into 1111 r.gree•ent in which the City agreed to treat sewage orl<Jinnting fro• the Ulatrict•a sanitary sewer ayste• within the aren served by the lllatrlct, which Agree-nt waa aoat recently renewed by Connector's Agr••-nt dated Noveaber 16, 1988; and WRBRBr.B, aaid Connector'• Agree .. nt provides that the district ••Y not enlarge its service area without the written consent of the City; NOW, TIIBRBFORB, in consideration of the autual covenants and undertakings hereln aet forth, the parties agree•• follows: 1. 'fhe City hereby conaenta to th• inclusion of certain additional area loc11ted in Arapahoe County, Colorado, owned by II. G. Ishl ll nnd t:lennor Isbill, and •ore fully described on Ellllihlt_l\ nttached hereto and Incorporated herein by rereronce, lnto S011th11ate Sanitation DlatrJct. The City agrees llwt suill nddltionnl aren •ay be ae,·ved wJth tho aever racllitles ot lhu Uistrlct, •••I tlu,t lhe City wlll trent the •-age dl.scharged lnto the city•• trunk line froa aaid additional area, all In accordance with the Connector's Agree-nt dated Noveaber Iii, l'JBB. Accorlllngly, Exhibit A referred to In Paragraph 1 of the Connector'• Agree-nt dated Hove•ber 16, 1981, la hereby a-nded to include such additional area. 2. Each and every other provision of the said Connector'• Aqree-nt dated Noveaber 16, 1918, shall reaain 1un;tuu19ed • IN WITNDB na111>r, the parties have aet their hand• and aeala this day of , 1997. ATl'EST: CITI CLDII ( S p; A L I ( s I! A I , I -- cm or wa.-,uo Dy: ... =,,,,.=----------- BOVTNATB 8UlftTIC1a DIIITIIICT, aaaeaaoa aa, -I.All C0911TID, COLOIIJI~ ay, :-1.~~.g-ldint !I .. I • 0 • • • • . . EXHIBIT A (SANITATION DISTRICT) , . PART jF TRACTS 212, 213 AND THE N~RiH ONE-HkLF OF 221 OF SOUTII DE .. VER GAR.DENS SI TUA TED IN THE NOR fHEAST ONE- QUAA. TER OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF Tl-1E 6TH P.M., CITY OF GREENWOOD VILLAGE,· COUNT't' OF A?.AFt.~tOE, SiATE OF COLORADO, HORE PARTICULARLY DESCRIBED !' AS FO:.LOWS: r l!Ei;INMlNG AT THE SOUTHEAST •:ORNE?. OF SAID TRACT 213: iHENCc NOR TH a~"l,7 '56" WEST· ALONG THE SOUT': LlNE OF SAit TRACT 213 A DISTANCE OF 330.00 FEET TO THE NORTHEAST CCRNE". OF TRACT 221: TttENCE SOUTH 0°43'00" WEST ALONG TliE EAST Ll~E OF SA,D TRACT 221 A DISTANCE OF 32q.J6 FEET TO i'1c ;oun1Er\ST CORNER OF THE NORTH ONE-HALF OF SAID TRACT 2~1. ThEHCe NORTH eq 0 J6'l.7" WEST ALONG THE SOUTH LINE QF T!-;:.; Nl;r.iH ONE-HALF OF SAID TRACT 221 A DISTANCE OF es.:i.r, ;:·:er· TO irlE EASTERLY RlGliT OF i,iAY Ll'NE OF THE H(GHLINE ,:: /.NAU T i;F.NC E ALONG THE RIGHT OF WAY LINE OF THE H lGIILl IIE ~:.~iL !HE FOLLOWING FIVE COURSES: HC;TH ]7~l,l,'00" WEST 206.08 FEET TO A POINT OF CU?.'!':: THENCE ALONG A CUR\E TO THE RIGHT HAVING A RAD I US OF 206.0l. FEET, A CENTRAL AHGLE 0 0F :i.4:i.0 l,;', • 00" AND AN ARC LEtlGTH. OF 507. 70 FEET TO t. POiMT OF UUGE:-.T: THENCE SOUTH i5°59'00" EAST :OLQt;G SAID TANGENT ni .• 30 FEET TO A POINT OF CURVE: THENCE ALONG, CURVE TO THE RIGHT HAVING A RA~!US 69]..78 FEi:T, A CLNTRAL ANGLE OF qoo5·ro" &MD AM A;tC: LENGTH OF l,09.67 FEET TO A POINT OF iANGE~i: T"1ENCE .S0UTH 66°54'00" ~AST ALONG SAID l~~G~NT io0.65 FEET TO A POINT ON TH~ EAST LiHE . !IF ~AID TltACT ,ll,). 1'WENC1i SOUTII 0°54'04'· WE~T 6L{mr; SAti) EAST LINE 46.27 Fri;! iO Till: POINT Of BEGINNING, CONTAINING J.08l. ACRES l"IJ~ '" r,R LE$~. .. I· 0 '32xl • ·, • CHECKLIST SARITATIOB DISTRICT IJICLUSIOBS Sillgle family reaidance Single faaily reaicleace ~ting acaiag; IQ.5 Propaaed aaaing; lie change Acnage: J. Oil. acrea Gravity ..... r: Tea CUrrent Olffl8%8: R.G. I•bill and Eleanor L. Isbill lluaber of unit•: Maximum of 2 tor 2. 5 acr•• Map: SN attached - .. •· 0 ·:-.. l ' • ,< ~· i . I. ,-J. : S,CALE_:i"=800'i;~ ! . . . i I . . ; I ,. \ I .-;;;.-i -· J/,-. ·-!""'""':.: I .-,·. -· . j .~ .'•. :\ \'·;••: I . \ i I . ... .; ·:-.. • 0 • - i1 .; • . . - ,,~ !~-··. ',· -·~'.- = ' ,~- ~-'.~-··--,', .; e .· • ~ ' I V\. -. -. . . . . ' -_::::.:.:=··· .... -.: I --. ... . ...:.. ~ . ···- ~~'£· -¥.~ ,. f ·-,~~ . ~ ·'-.. _ .. .', .. . ' \ .:07-! I \ ·, r -. - ·,-:--·· 1 \ \ . 'I ..... •.:·.:•. ·-·1 :\ 0 \ Ii ; '... . -. ' , ... ' ' 1 ' .• ., I I· 0 • ORDINANCE NO. _ SERIFS OF 1997 • - BY AUTHORITY COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN EASEMENT FOR IMPROVEMENTS ALONG THE SOUTH PLATI'E RIVER CHANNELIZATION PROJECT BETWEEN THE COLORADO WATER CONSERVATION BOARD OF THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Utilities Department requested a nonexclusive easement for the purpose of constructing and maintaining a raw water line through the portion ofland owned by the Colorado Wat.er Conservation Board as part of the South Platte Channelization Project; and WHEREAS , the easement shall temporarily be 50 feet wide during the water line installation and will be reduced to a width of 20 feet upon completion; and WHEREAS, the length of the eaaement shall be appromnately one mile, &om Union Avenue to Onord Avenue; and WHEREAS, in ezchanp the City will continue its ,rant of three two-inch water tape to the 10,000 Tl'eN Project for the purpoae of irriptinc u-or for another irrigation use designated by South Suburban Recreation District; and WHEREAS, the guarantee of the stated tap use is evidenced by a certificate iuued by the Colorado Water Comervation Board to South Suburban Recreation District; and WHEREAS, iftbe-ent is ever revoked, the ,rant oftbe tape aball alao be discontinued; and WHEREAS , the City of Englewood'• co.ta to the Colorado Water Comervatioo Board for the -t ahaU be $2,250 .00 .. 10 b ii WHEREAS, the Enclewood Water and Sewer Board recommeoded approval of the eaaement with the Colorado Water Comervation Board for improvementa alone the South Platte River channelization project at the Febniary 11, 1997 meetinf; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Se!;t;jgn 1. The interaovernmmtal qreemmt for an E•-t between the City of Eqlewood and the Colorado Water Comervation Board of the State of Colorado is hereby approved . A copy of Aid A,reement is attached hereto u "Emibit 1 • and incorporated herein by reference . • 1- • . .. I· I • • ·, • '· $ec;tigp 2. The Mayor and City Clerk are hereby authorized to sip and atte.t, respectively, the aaid Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and pueed on first reading on the 7th day of April, 1997. Publiahed u a Bill for an Ordinance on the 10th day of April, 1997. Read by title and paaaed on final reading on the 21st day of April, 1997. Publiahed by title u Ordinance No. _, Seriea of 1997, on the 2-tth day of April, 1997. Thomu J. Burna, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foreping is a true copy of the Ordinance paaaed on final reading and publiabed by title u ~ No. _, Seriea of 1997. -2- • .. • .,-~------------------~- 0 • <. Recorded at ______ o• clock_.M. ·---------------------------Reception No. -------------____________________ Recorder. EASEMENT THIS EASEMENT is made and entered into, pursuant to Section 24-82-201 .I.I. I.Sa.., C.R .S. (Supp. 1996), on t:his __ d&y of 1997, by and between the STATE OF COLORADO for the use and benefit ot the COLORADO WATER CONSERVATION BOARD ("Granter•) and the City of Englewood, a political aubdivision of the State of Colorado, ("Grantee"), whose addre•• is 3400 S. Elati St:-eet, Englewood, Colorado 80110. WHEREAS, the Granter is an agency of tha State of Colorado created and controlled by Title 37, Article 60, C.R.S. (1990), vb.ic:h functions for the welfare and benefit of the State of Colorado and its i.nha.bit&nts; and WHEREAS , the United States Army Corp• of Engineers ("Cor.,s•) has constructed improvements to the flow of wate:-in the cb&nnel of the South Platte River ("River•) in Arapahoe County, State of Colorado, with aaid improveme.'lts known as the South Platte River Channeli:aticn Project ("C!lannelization Project•); and WHEREAS. the primary pu.""?Ose of the Channeli:ation Project is to provide drainage, flood cont:-ol and water !low regulation; and WHEREAS , the Corps and ~e Granter entered into t~o agreements which give the Granter the responsi~ility cf ac:;:uir:.ng land, easements, and rights-of-way for the Channelization P:-cJect and the duty of maintaining and operating the Channelization Project ; and WHEREAS, the Gr3ntcr has ac:;:uired certain fee title interests, rights-of-way , and easements withi n the Channeli:ation Project right-of-way for the purposes of ccnst:-ucting and maint3i ning the Channelization Project; and WHEREAS, the Grantee wi s hes to acquire and the Granter is willing to grant an easement for the construction, cperation and maintenance of a raw water line on the Grantor's property within the Channeli:ation Project . WI'!'NESSE':'H : That for and in cons i de:-aticn cf the general publ i c i.'lterest and benefit which wil l acc:-ue ::-om the Grantee • a develoii-nt of the easement granted herein, the ~rar.:ee by the Grantee to the South Suburban Park and Rec:-eation Dist:-ict ("South Subur:an") or any subsequent manager of the 10 ,000 Trees Project of the use of three (3 ) t ·.-o inch water taps for the pu.-.,oae of irrigating trees planted by the 10,000 Trees Project er for another irrigati cn use designated by South Suburban , the payment of the sum of TWo Thousand Two Hundred Fifty Dollars ($2250 .00) paid to the Granter by the Grantee, and the keeping and performance of the covenants and agreements hereinafter expreased, the Granter grants, conveys, transfers and delivers to the Grantee, aubject to the condi tions set forth below, a nonexclusive easement for the aole purpoae of using the land covered by said easement for constructing, operating and maintaining a raw water l i ne, hereinafter referred to as the Project, upon, over, ac:-oas, below and t!'lrough that portion of land owned by the Granter as part of the South Platt:• Channe l i:ation Project (hereinafter •Channelization Project"), situated in the City of Eng l ewood County of Arapahoe , s:ate of Colorado , which i• more fully described and shown i n the l egal descri pt i ons and map• at:ached hereto as Exhibit A and incorporated herei n (herei nafter "Proper:y•). Said Easement shall temporarily be f if:y (50) feet wide duri ng the i nstallation of tne Project and shall be reduced to a wi~th of twenty (20 ) feet upon the issuance of a let:er of aubstantial completion or an acceptance let:er for the Project by the Grantee. The length of the Ea•e-nt shall be the minimum necesaar-1 for the pr~per construction, operation and maintenance of the raw water line f:-om Union Avenue to Oxford Avenue, a length of approxi mately one mile . Pagel of 5 X H I B I T 1 .. I • 0 • .----------------------------.,...--- 0 - TO HAVE AND TO HOLD, subject to any existing or recorded easements and rights-of- way, for the purpose of utilizing such Easement for the sole purpose of ownership, construction, operation and maintenance of the Project for the primary term of t-..enty- five (25) years, c~cing on the __ day of 1997, and ending on the __ day of 2022 . At the option of the Grantee, and if approved by the Granter, this Easement may be renewed for successive terms provided that: ( 1) Grantee has complied with all the terms and conditions set forth herein, (2) Grantee delivers written notice to Granter of Grantee's intention to exercise such option at least 180 calendar days prior to the last day of each of said terms, and (3) payment in full of the consideration for the whole next ensuing term accompanies the said written notice to renew. The Granter• s approval of said renewals of this Easement shall act be unreasonably withheld. Grantee• s consideration for each renewal of this Easement shall be the sum set forth above as consideration for this l!&se!Nnt, adjusted for inflation. The parties agree that this Easement is subject to the following conditions : 1 . The Granter grants this Easement upon the express condition that the estate herein granted shall endure only so long as the Grantee utilizes the Easement for the sole purpose of construction, operation and maintenance of the Project in accordance with the plans and specifications submitted by the Grantee to the Granter, which have been signed by a professional engineer licensed in the State of Colorado and are incorporated herein by this reference . The Grantee shall ensure that the Project is designed for a design load of up to twenty (20) tons. In the event that the Grantee uses this Easement for any purpose other t!:an the specific uses identified herein, then all of the Grantee• s right , tit!e and interest in and to the above described Easement shall become null and void, and the Property shall absolutely revert to and re·rest i n the Granter as ful!y and completely as if this instrument had not been e.'te=ted, without the necessit:, for suit or re-entry; and no act or omission on t~e part of any beneficiary of this clause shall be a waiver of the operation or enforcement of such clause . 2. As part of the consideration for this Easemer.t, the Grantee shall guarantee to the South Suburban Park and Recreation District or any subsequent manager of the 10,000 Trees Project the use of three (3) two inc~ water taps for the pur;;:cse of irrigating trees planted by the 10,000 Trees Project or for another irr~gation use designated by South Suburban . This guarantee of use of said taps shall be evidenced by a certificate issued by the Grantee to South Suburban, a copy of which is attached hereto as Exhibit Band inco:;:orated herein. In the eve:it of the termination , non-renewal or abandonme."l.t of this Easement, the Grantee• s obligation to guarantee the use of said taps shall terminate. 3. This Easement shall include the right of the Grantee to enter onto the Grantor's property for th• sole purpose of constructing and/or maintaining the ProJect. Provided however, that upon the non-renewal, abandonment or termination of any of the Grantee's rights or privileges under this Easement, the Grantee 's rights to that extent shall terminate . However, the Grantee• s obligations to indemnify and hold harmless the Granter , as more fully set forth below, shall act be terminated. 4 . The Granter and the Grantee expressly covenant and agree that the te~ and conditions of the Easement granted herei n shall be in compliance wi<:-'l and subordinate to the terms of the September 7. l977 and January 29, 1980 Agreements ("Agreements") bet·.,een the United States Ar.!ry Corps of Engineers (•c:::r;is•). incorporated herei n by this reference . Th i s covenant and agreement include but are not limited to the ma i ntenance and operat i onal requirements on the Granter and its designees under those Agreements and the necessity for the Granter and its designees to have unlimited accesc to the lands covered by this Ease~ent to perform all necessary activi ties . The Grantee shall cooperate with the Granter and its des ign••• in the performance of its maintenance and operational requirements . Violation of this provis i on may be g1:ounds for the Granter to immediately terminate thi s Easement . Page 2 of s •• • 0 • .------------------~--.....,, 0 • 5. During the term of this Easement, the Granter shall have the right to dispose of the subject land or to uae the same for other purposes subject to the rights and privileges herein granted to the Grantee. This Eas-nt shall be nonexcluaive and subject to any prior easements granted by the Granter to third parties, and to all prior easements of record whether granted by Granter or a previous owner. The Grantee expressly agrees to subordinate this Easement to all prior easements within the Project granted by the Granter. The Granter reserves the right to grant additional easements to third parties, provided that said easea.nts do not materially interfere with the las-t granted herein. The Grantee agrees to share this Easement, provided that the additional easements do not materially interfere with the purposes for which the instant grant is made . 6. The Grantee expressly covenants and agrees that, in the event of termination of this E&aement, in the event that the Grantee elects not to renew this E&s-t or no longer needs or desires this las-t. the Granter, at its sole discretion, may require the removal, at the Grantee• s sole expense, of all appurtenances from the property subject to this Easement, and may require the Grantee to restore the property subject to this Easement, as nearly as possible, to the condition of the property existing as of the date of the execution of this agreement, all to the Grantor's sole satisfaction. The Granter shall determine in its sole discretion whether the proposed restoration complies with this paragraph. 7. The Grantee agrees that all excavations or other temporary removal of soil as required for the proper construct:ion and/or maintenance of the Project: shall be properly replaced, and that t.'le Easement shall be, as nearly as possible, restored and maintained in its original configuration and with similar vegetation. The Grantee shall also insure that the Property is left in a configuration satisfactory to and in compliance with the ~eli:ation Project design plans and specifications prepared by the Corps. The Grantee shall be responsible at all times for the irmnediate repair or reimbursement for any damage to the Property due to the Grantee's uae of the Easement . Routes of ingress and egress for construction and/or maintenance of the Project shall be limited to the minillllllll necessary locations, and all work areas created by the Grantee on the Granter• s propert:y for construct:ion and/or maintenance purposes must be obliterated, protected against erosion, and restored to the former condition of the Property, as nearly as possible. The Granter shall determine, in its sole discret:ion, whether the Grantee's restoration complies with this paragraph. In the event the Grantee fails to per!orm the restorative or revegetative work required by this paragraph to the sole satisfaction of the Granter, and after thirty (30) days prior written notice specifying with particularity the failure and indicating the remedial steps needed to cure same, the Granter shall be allowed to per!orm said work and the Grantee shall pay within thirty (30) days all direct and indirect costs inc-.u-red by the Granter for restorative or revegetative work including, but not limited to, regrading, filling, revegetation, erosion control, and replacing of soil. a . The Grantee understands and agrees that so long as the Granter is the owner of the underlying fee interest to the subject property, the Granter may, in its sole discretion, require the Grantee to relocate a portion or portions of the Grantee 's raw water line by giving the Grantee at least ninety (90) days prior written not i ce of such requirement . All relocation costs shall be paid by th• Grantee . In the event the Grantee fails to relocate within ninety (90) days, the Granter shall be all owed to per!orm such work and the Grantee shall pay to the Granter , within thi rty (30) days of submission of costs by the Granter, all direct: and indirect: costs for the same . 9 . The Grantee understands and agrees that its facilities are subject to damage and total loss without liability accruing to the Granter as a result of flooding , as the result of the ma i ntenance and operation of the Channelization Project, or as a result of emergency or repair operations to and in the Channelizat i on Project by t:he Granter, the Grantor's designees , or the Corps . Page 3 of 5 •. I • 0 • .,------------------------------- • ,. - ,. lO. To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Granter against all liability and loss, and against all claims and actions based upon or arising out of damage or injury to persons or property, caused by any acts or omissions of the Grantee, its successors, assigns, agents or contractors . ll. Throughout the term of this Easement, including but net limited to any rene-1 term, the Grantee shall maintain continual cc::xm.rci.&l general liability insurance covering its use of the Easement. Said insurance shall name the Granter as an additional insured. A copy of the current certificate(sl of insurance and additional insured endorsement(sl shall be attached to this B&a-t as Exhibit C and incorporated herein. Notices of renewal of this insurance shall be provided to the Granter on an annual basis. Said policy shall provide coverage in the amounts established by the Colorado Governmental x-mity Act (Article lO, Title 24, lOA C.R.S. (l988)), both now and as hereafter amended. ~ l2. In the event that the Grantee contracts for any wark to be performed on the properties, the Grantee shall require its contractors and subcontractors, except the Corps, to indemnify, save and hold harmless the Granter, its employees and agents, and the Corps from any and all claims, damages, and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors• and/or subcontractors• actions or inactions. All contractors and subcontractors shall abide by and follow the provisions of this Easement. lJ. It shall be the sole responsibility of the Grantee to obtain all necessary and applicable local, state and federal approvals and per.nits for the purposes set forth herein. The Grantee shall comply with all reasonable rules, regulations and policies authoritatively promulgated pertaining to the use cf the Easement lands, including, but not limited to, local, state and federal flood plain regulations. Noncompliance by the Grantee with any sue permit, rule, regulation or policy may be grounds for the Granter to inmediately terminate this Easement. 14. The Grantee understands and agrees that the Granter makes no representations concerning ownership of nor warrants title to any of t!ie property underlying the Easement . Tc the extent t!lat this grant of Eas-t may encroach on lands not owned or controlled by the Granter, the Grantee assumes all responsibility for any such encroachment . 15. A copy of the ordinance duly adopted by the City c=cil of the Grantee, authori:ing the Mayor to L"tecute this Easea.nt and to comply with the conditions set forth herein, is attached hereto as Exhibit D and incorporated herein. 16. The Grantee shall be respcnaible for recording this Aqre-t with the Clerk and Recorder• s Office of Arapahoe County, Colorado and shall provide a conformed copy cf the recorded agreement to the Granter . l 7. All of the provisions of this Eas-t shall be binding upon all the parties hereto and their successors, assigns, agents and contractors. lB . The signatories to this Eas-t aver that, to their lcnowlqe, nc State -.,loyee has any personal or beneficial interest whatsoever in the property described herein . 19 . Thi s Easement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by Section 24-12-202 , C.R .S . (1995 Supp .) and by the Controller of the State of Colorado , or such assistants as they may designate. IN WITNESS WHEREOF, the parties hereto have executed ~s instl"laent on the date first above written. Page 4 of 5 '· .. I • , • GRAIITD: City of Bnglewood By=-----=----...,..-------Thoma• Burna, Mayor STATE OP COLORADO COtJNT'l OF DENVD ••• . ' • • • !. GRAHTOJl: STATB OP COLORADO lloy Jlcaer, Govemor t• ~r tlii &.ciitivw blric:tor DUAJmaal'l' OP D.'l'OllAL usoaacBS Colorado water Coaaervatian Board Dariu C. Lile, P. B. , Director ATTBST: Loucrishia A. Ellis, City Clerk • The foregoing inat~t -• ac:Jmowledged before -Chi• _ day of 1997, by Darie• C. Lile, as Director of the Colorado Water Conaervation -aoa_r_d~.-o-n ...... beb&....,._l•f of the State of Colorado. Witna•• my hand and official seal. My coamission expire• STATE OP COLOJlADO COtJNT'l OP Notary Pi.ibhc ••• The for990iDg inat~t was ac:Jmowledged before -Chia _ day of ,--....,.--,-........ .....,.-,. 1997, by Tllaaaa Burna, as Mayor of the City of Bnglewood. Witna•• my hand and official seal . My coaaission expire&---------- APPllOVBD : STATE OP COLOJlADO Gal• A. Norton, Attorney General By ____________ _ APPROVED : Division of Purchasing By--------------D1rector Notary Public APPIIOVID: Departaent of Peraoanel State BuildiDIJ• Progz"- By '"Lec:ii,.,.,.,,,...,t,.,i"'v.---"'b""1re,.,.,.c""'t""o""'r.,-------- APPIIOVID: Diviaicm of AcCOUDta 11114 CCXltrol Clifford Ball, State Controller By _______________ _ •av• s of s . , • •· 0 '32xl • • • ,. L&GAL DESCRIPTION A PARCEL OF LAND LOCATED IN 111E NORTHWEST ONE-QUARTER OF THE SOU111WEST ONE -QUARTER OF SECTION 4, 1'0WNSIIIP 5 SOU111, RANGE H WEST OF 111E SIX111 PRINCIPAL HBRIDIAN, COUNTY OF ARAPAHOE, STATE OP COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ING AT THE sotmlWBST CORNER OF SAID NORTIIWBST ONE-QUAllTBR OP THE SOU111WBST ONE-QUARTER; THBNCB ALONG 111E WEST LINE OF SAID NOIITIIWEST ONE-QUARTER OF TIIE SOU111WBST ONE -QUARTER HORTH 00°0)'27" EAST 599.56 FEET TO 111E TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NEST LINE HORTII 00°0)'27" BAST J0.11 PEET; TIIENCE SOI.ml 84°56'44" BAST )86.56 FEET; TIIBNCB SOU111 00°25')4" EAST 464 .69 PEET; TIIBNCE SOU'l11 22°04'26" WEST 50.91 PIIET; TIIENCE SOU111 00"25'34" EAST )3.87 FEET TO A POINT ON THE SOtTl'IIERLY BOUNDARY OF A PARCEL OP lJ\NO DESCRIBED IN BOOK )816, PMJE 299 , SAID POINT ALSO LYING ON TIIE HOR'MIERLY RIGIIT-OF-IIAY LINE OF WEST OXFORD AVENUE ; 111ENCE IIESTERLY ALONG SAID LINE SOU111 19°58'56" WEST JO .OU FEET; TIIENCE DEPARTING SAID LINE HOR111 00°25' l4 • WES1' )9 . 61 FEET; TIIEIICE HOR 'nl 22°04 '26" EAST SO . 91 FEET; 111ENCE NORTII 00"25'34" WEST 431 .47 FEET; TIIBNCE HOR111 14"56'44° WEST )56 .67 FEET TO 111E TRUE POINT OF BEGINNING, CONTAINING 0 .625 ACRES, MORE OR LESS . CITY Of' DIUlo811000 f k."IIROOI I 1111'<11 TDU'(lllllH IAS-IT • N . Of' Q&- lltlC UH .001.0H llllC. 4, ltH • gjk • . • .. • 0 1 a2xl ------------------------·--------·----------------------....,.-------------- • • ·, • .. EXHIBIT "A) / / // I / I , / / .. ---------/(Xl511N<, FOOi IJllllo';[ ~ =~~~"::::~--=---=-..:-.:~--- ~ .••. [ __ ,.. ---"* ... ''* ... . fM511NC ~rr-.c H 1•'58 0,1211 AOIES N OO"Ol'2r [ 30.11' .. --· 1RUC POINT SCM.E : 1• • l(JO ' POINT Cir COUll(NC£M[NI SW COIi -•I• SW •I• SEC •. T~S. -llh PM 0/FBE- I. ~ ~= I-- i.. I ;! "'I• IMS (-1 DOU 11111 11(-1(111 A --,,TED .-V. ti IS Nt(Nll[D ONLY 10 D(PIC1 IHI: D(TM:NOJ D(~. ROCKY MOUNTAIN CONSULTANTS, INC . .. ~ ,'i' ,~ :'i Cl I ~ 1 : ~ w • I i .. .. YI Ill ~ ·~ g 8 ~ a s 1111'21",.. ( Jl.lT "me • . .. I· • • • LB0AL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OP THE SOUTIIIIEST ONE-QUARTER OP SECTION 4, TOWNSHIP 5 SOUTII, RANGE H WEST OF THE SIXTII PRINCIPAL MERIDIAN, COUNTY OP ARAPAIIOB, STATE OP COLORADO BEING MORE PARTICULARLY DESCRIBED AS POLLOIIS : COMMENCING AT TIIE SOUTIIWBST CORNER OP SAID NORTIIWBST ONB-QUARTBR OP 1118 SOUTIIIIEST ONE -QUARTER; TIIBNCB ALONG TIii lfUT LINB OP SAID NORTlllfEST ONE -QUARTER OF TIIE SOUTIIWBST ONE-QUARTER NOR111 00°03 '27" EJ\ST 599 . 56 FEET TO TIIE TRUB POINT OF BBOINNING ; 111BNCB CONTINUING ALONG SAID lfBST LINE NORTII 00°03 '27° BAST 30 . 11 FBBT; 111ENCE SOUTH 84°56'44" BAST 386.56 FEET; THENCE SOUTll 00°25'34" BAS"f 464.69 FEET; TIIBNCB SOUTll 22°04'26" NEST 50 .91 FEET; 111ENCE SOUTH 00°25'34" BAST 33 .87 FBBT TO A POINT ON TIIB SOUTHERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 3816, PMJE 299, SAID POINT ALSO LYING ON TIIE NOR"rllERLY RIGIIT -OF-WAY LINE OF WEST OXFORD AVENUE ; TIIENCE WESTERLY ALONG SAID LINE sotn'II 89°58°56" NEST 30 .00 FEET; TIIBNCE DEPARTING SAID LINE NORTII 00•25•34• NEST 39 .61 FEET ; TIIENCB NORTH 22°04'26" BAST 50 .91 FBBT; TIIENCE NOR"nl 00•25•34• NEST 431.47 FEET; 111BNCE NORTII 84°56'44" NEST 356 .67 FEET TO TIii TRUB POINT OF BEGINNING, CONTAINIIIG 0 .625 ACRES, MORE OR LESS . C:lffOP-- -DITQI _.,--•.OP- lllt' UH .Ml .- DE . 4 , ltN · 9jll ,. • . .. • • 0 'a2 x l -----------------------------:--------::---:-r • N OO'Ol'2r OS.I SCAl.E : ,· • 100' ii • • . . EXHIBIT ... !!! ft: t ·•. A.' .... ",.. / I I / / I I/ / ,------,-----r--·---~--~-, ll PON I or CONM[NC[MCNI SW COfl NW 1/4 SW 1/4 se c 4, 155, Reew e,,. "" S N'Y'!II" W JO.OD' _1·~------,::-UN[NW 1/4 SW l/;:4-:S[:;,C:-:-4 ---- W. O XF ORD AVE . lo.$ ~ D0n NOi ll[l'll(S(NI A -m - II 11 --D ONLY 10 Dll'ICI 114( D[tOCH[I) Dt1CIIIP- RQCl(Y MOUNTAIN CONSULTANTS, INC . I )( -. ~ I kl ~llf11. 1 ru1 ·1 ::r t-: H d " ~ 1. *-·---·Jot I U'IM'W I0.11' I 00'21'34" l JO.GI' 'lfflC • . • .. •· • • ·. • '· Ll!GAL DESCRIPTION A PARCEL OF LAND LOCATED IN 1118 NORTHWEST ONE-QUARTER OF THB SOU111WEST ONE -QUARTER OF SECTION 4, TOWNSIIIP 5 Sotml, RANOB 68 WBST OP TIIE SIXTII PRINCIPAL MERIDIAN, COUNTY OP ARAPAIIOB, STATB OP COLORADO BBINO MORE PARTICULARLY DESCRIBED AB FOLLOWS: C'Ol9'BNCING AT TIIE SOUTIIWEST CORNBR OP SAID NORTHWEST ONB-QUIUITER OP THE !IOU'111WEST ONE -QUARTER ; TIIBNCB ALONG TIIB WBST LINB OP SAID NORTHWEST ONE -QUARTER OP 111E S0tm1WBST ONl!-QUARTBR NORTII oo•o) ';n• BAST '"'. 67 PBBT TO 1111! TRUB POINT OP BBOINNINO; THBNCB CONTINUING ALONG SAID 1188T LINK NORTH 00°0J':Z7° BAST 45 .17 PSST ; 111ENCI!! ll0'1l'ff 14 • 56 ' 4 4 ° BAST 4 06 . :Z 6 FBBT; TIIBNCB SOtml oo•:z5•J4• BAST 511 .96 PBBT; 111BNCB SOtrl'II :Z:Z 0 04':Z6° lfBST 50 .91 PBBT; 111ENCE SOUTH 00°25'34° BAST JO.OS FBET TO A POINT ON THI! SOU111ERLY BOUNDARY OF A PARCEL OF LAND DBSCRIBED IN BOOlt JIU, PAGB 299, SAID POINT ALSO LYING ON 1118 NORTHERLY RIGHT -OF -WAY LINE OF WEST OXFORD AVENUE; TIIBNCE WESTERLY ALONG SAID LINI! SOUTH 19°58'56 " WEST 20 .00 FEET; THENCE DEPARTING SAID LINE NORTII 00•25 •34• WEST 33 .87 FEET; TIIENCE NOR'fll 22°04'26" BAST 50 .91 FEET; 1·1m11c F. NOR'fll 0 0 °25')4" WEST 464 .69 FEE1'; TIIENCE NORTH 14"56'44" WEST 386.56 FES-1' 'l'O TIIE TRUE POltrl' OF BEGINNING, CONTAINING 0 .672 ACRES , MORE OR LESS . CITYOP-.- -Ol'lal 1• --·-.OP-allC JHI .ODl .- mc . 4, ltN • 9jk . ' .. • 0 1 32xl -----------------------------.~-----------------~---------~---- • NE 1/4 SEC 8 <. A-1 OJ" 50' 44• R•478.112' L•ll6J.85' • • SCM.£: •• • 200' NW 1/4 SEC 9 ---·--', -·-\ PIM'S1A-\ · ··~ l'CIMI POINT OF COMM(NC(M(N f SW COR NW 1/4 sec 9 T5S, R68W, 61h PM W. UNION AVE. n15 CXIBT OO[S NOT RCPRCSENT A lolONUMCNT[D SUINCY . IT IS IIICNDCD ONLY TO OCPICT Tit[ OCIM:ltED DCSCAl'TION . ROCl<Y MOUNTAIN CONSULTANTS, INC . ••• l . -• ""· -111 '-co •111 ODll 1u--fAI I.IDll 10-1• c, ·~· .. ·- SH[[T 2 0/F J 'lfflC • t .. • 0 • • • <, EXHIBIT 'fl" s 89"58'56" E ~ W. OXFORD AVE. JO.to' "'-. Ill\ 41il-l P(; .:!.~i SCAlC: 1• • 200' SE 1/4 SEC 5 NW COR NW 1/4 SEC 9 T5S, R88W. lllh PM i ' II ... ;;:_ , •• JO' I ·• ., II 6-34 'M., ,. 1 R•l275.92'1~ l•777.118', / I // / NE 1/4 SEC 8 HIS CXl81 00(5 NOi RlPMSCNI A MONUIICNrto SUR\l(Y. U IS IIICNDCD ONI.Y 10 OCPICI Ill( OCIACICD OCSCIIIPIION ROCl<Y MOUNTAIN CONSULTANTS, INC . -------------. b "' ..; ; . "' ~ ~ z - ~ ! • . :e ~ ~ "' SW 1/4 SEC 4 6-34' 55' 11 • R•l.105.92' l•795.94' NW 1/4 SEC 9 HCIJOFJ 'IIDC .. I· • • • . . LIIIIAL DESCRIPTION A TlllRTY (JOI FOOT lllDB PARCBL OP LAND LOCATBO IN TIIB NM 1/4 OP SIICTION t, NB 1/4 OF SBCTION 8, AND 'MIB 811 1/4 OP BIICl'ION 4, TOIINSHIP 5 SOUTH, IUUIO& 61 NBST OP TUB BIX111 PRINCIPAL MBRIDIAN, COUNTY OF ARIIPIUIOB, STATB OP COLORADO BUNG KORB PARTICULARLY DBBCRIBBD AS FOLLOIIS1 ~IIICIIIO AT TIIB Sotrn1MB9T CORNBR OP SAID 1111 1/4 OP BllCl'ION 91 111BNCII NORTH 14°05'54° BAST 620 .lt FBBT TO A POINT OIi TIIB NBSTIIRLY BOUNDARY OF A PARCIIL OF LAND DIISCRIBIID IN BOOK 1425, PMJII 591, ltNOWN AS 1118 UNION AVa«JII PUMP BTATIOII, SAID POIN'r DIIIHO 111B TRUii POllrr OF 8BOINNIN01 111BIICB ALOIIO A LINE FlF1'Y (SO) PBBT NBSTBRLY OF MID PARALLEL NITII 111B BABTBRl,Y BOUNDARY OF A l'ARCBI, OF LAIIO DCSCRIBKIJ IN A CORRIIC"l'ION 011110 Rll:CORDBD lit BOOlt 4104, l'l\011 236, TIIB FOI.LONIIIO SIX (Iii C0UR8B8 : 1. 3ll . 04 FIIIIT Al.otlO 111B ARC OF A CURVB TO 1118 l,Bn IIAVINO A CIIHTIIAL ANOLII OP 24°53 '27° AND A RADIUS OF 71i6 .li2 PBIIT (11111 CIIORD OF lllllCII BBARS -,ii s1•s2•00• NBST llO .U PIIIIT) TO A POINT OP TANOBNT, 2 . 111BNCII NOR111 64°18'4)" WBST 321.20 FIIBT TO A POINT OP CIIRVATUIIB; l . 111BIICII tll. 22 FBB1' Al.lJIIO 11111 ARC OP A CURYII TO 11111 RIOIIT IIAYIIIO A CBNTRAL AIIOLB OF 10)0 50'44" ANO A RADIUS OF SOli .62 Pll8T (111B CIIORD OP NIIICII BURS IIORTII 12°23'21" NBST 7'7 .60 PIIBTI TO A POINT OP TIINOBNT; 4 . 111BNCII IIOR111 l9"J2' 01 • BAST SU . l4 PIIIIT TO A POINT OP CIIRYATURB1 5. 111BIICII 111 . 68 FBST Al.otfO 11111 ARC OP A CIJIIYII TO 11111 LBn IIAYINO A CENTRAL AIIOLE OF 14°55'11" AND A RADIUS OP 1275 .U PIIIIT (TIIB CIIORD OF IIIIICII BURS IIOR111 22•oe•os• BAST 765 .70 FBBTI TO A POINT OF TANOBlrr; 6 . TIIBNCII NORTII 04°40'26" BAST 1143.60 1'11:BT TO A POINT ON TIii BotmlBRLY RIOIIT ·OF·NAY LINE OF NB9T OXFORD AYBNUB; TIIBIICB 111.otfO SIIIU RIOIIT -OF -111\Y LlNI BOUTII U 0 58°56" BAST )0 .10 FBBT; TIIIINCB ALONG A LINE TWBNTY (20) FIIIIT NBSTIIRLY OF AIID PARALLBL IIITII TIIII BASTIIRLY BOUNDARY OF 61110 PARCEL DBSCRIBIID Ill 800ft 4104, PAOII 236, TIii FOLLOIIIIIO Blll C 6 I COURSBS: 1. Botml 04°40'26" 111ST 1146 .04 FRET TO A POINT OF CIJRYIITURll1 2. TIIBIICB 795 . 94 FEET ALONG TIii ARC OF A CIJRYII TO 11111 RIOIIT HAYING A CENTRAL AIIOLB OF l4 •ss' 11 • ANO A RADIUS OF llOS . 92 nrr (TIii CIIOIID OF IIIIICII 8111\RS Sotrnl 22°08'0)" 111ST 713.67 FBl!TI TO A POINT OF TIINOBNT; l . TIIIINCII SOUTII 39"J2'01" 111ST 542.14 PIIBT 1U A POINT OP CURYAT\11111 ; 4 . 111BNCII 163 . 15 FIBT ALOHO Tllll ARC OP A CURVII TO 111B LBPT HAVIIIO A CBNTRAL IINOl,B OF 10)0 50'44" MIO A RADIUS or 471i .,2 PIIIIT (11111 CIIIOIID OF IIIIICII BIIARS SOtrnl 12°23'21" BAST 750 .31 rBBTI TO A POINT or TANOlllff; S . 111BIICII SOUTII 64°11'0" BAST 321.20 1'11:IIT TO A POINT OP CllaVIITUIIII; Ii . 111BIICII )04 .12 FBBT 111.otfO 11111 ARC OP A CIJIIVII TO '1'1111 RIGHT IIIIVIIIO A CIIIITRIIL IINOLII OF 21•s2•2s• NIP A IINJIIIII or 7H .li2 raT (TIIB CIIORD OP IIIIICII BIIAU 80t1nl 53°22')1" 1111ST 302.21 FIIBTI 1 11IIINCII ALOIIO TIIII NISTIIRLY IIOUIIOARY or SAID PMCBL Racoaoa> IN 8001t 1425, PMJI 591, SOUTH 04°50'51i 0 1111ST 50.'2 PIIIIT TO 'l'IIS 'l'llua POllll' OP ••n•nm. CONTAINING 120, llli ll(IUARII PBIIT coa 2 . 751 M:IIBIII, _. Ila .-S . BIIIIR INOS AIIII BAIIIII> ON 11111 1111ST LI• OP 111B .. l / 4 Gr 119CTlm t -IIIO NORn1 oo•ot•tt• PST . CITTCW-- -Dnal 19,_.,_ INC JIN .Ml .- 11/1/N • 9jll .. • • • 6-103 "!50 "44 • R•4711.112' \-·~· \ .. EXHIBIT NE 1/4 SEC 8 POINT CY' COMMENCEMENT SW COR NW 1/4 SEC 9 T5S, RIIIIW. 6th PM 1111S OIBT DOES NOT RCPR(S(NI A MONUMENICO SURl/[Y. 11 IS .. l[NC)[O ONI.Y 10 O(PICT Ill[ O(JACIICO OESCllrP!ION ROCKY MOUNTAIN CONSULTANTS, INC . SCAI.£: ,. -200' NW 1/4 SEC 9 W. UNION A \IE. SH[[T 2 a, J 'lfflC rM UIJI 741·1• .. • • • ,, \\. EXHIBIT A S 89~'56" E W. OXFORD A VE. 2o.or ~ SCAI.C: 1• • 200" SE 1/4 SEC 5 01-: ~,o~ P(: './Jfi L SW 1/4 SEC 4 NW COR NW 1/4 SEC 9 T!5S . R68W. lllh PM 6al4 .!5!5., ,J R•ll0!5.92' 7 l•795.94'/ I / I~ ,, ;r /'.! .. _, "· 20' ,' ~·· 5!5' 11 • .° .__--R•ll25.92' l•808.IO' / NW 1/4 SEC 9 NE 1/4 SEC 8 THIS EXHllllf DOCS NOT R(PRESENf A MONIMNTEO SU1N£Y . II IS INTENDED ONLY TO OCPICT IHC OETM:tlCO DESCRIPTION . ROCKY MOUNTAIN CONSULTANTS, INC . SHE£T ., or ., 'lffiC .. •· • ,.. • • ~. LBGAL DESCRIPTION 11 TMIINTY (20) POOT IIIDB PIIRCl!L DF LAND I..OCIITl!D IN TIIII NII 1/4 OP SIICTlON 9, NB 1/4 OF SECTION 8, IIHD TIIII BM 1/4 OF BIICTlON 4, TONIISHIP 5 SOUTH, RIIHOB ,a NBBT OF TIIB BIXTII PRINCIPAL Ml!RIDIIIN, coutrrY OP IIRIIPIIIIOII, STATS OF COLORADO BBINO -· PIIRTlctJLIIRLY DIIBCRl8l!O 118 POLLONll 1 COMMENCING AT TIIII B0Un1Nll8T CORNIIR OF SAID NM l/4 OP IISCTION I 1 '11IIINCII NORTH Jl"l9'17° 11118T 6'0.'7 FBl!T TO II POINT OIi TIIII IIS8TIIRLY 80UNDIIIIY OP II PARCEL OP L11HD DUCRIBIID IN BOOK 1425, PMJII 591, ltllCNI 1111 '11111 UNION AV-.i PUNP STATION, SAID POINT BB1NO Tll8 TRUB POINT OP amI .. INO, Tlll!MCB I\LOIIG II LINE 'IWBNTY (20) PBBT IIBSTBRLY OF AND PARALLEL lllTII TIIE 81\STl!RLY BOUIIDIIRY OF II PIIRCBI, OF LAND DBSCRlBBD IN II CORR&CTION DBBD RBCORDl!D IN BODI( 4104, PI\GB 236, TIIE FOLLOIIING SIX (6) COURSU: l. 304 .12 FEBT ALONG TIii! ARC OP II CURVE TO Tll8 LBPT 111\VINO II CIINTIIAL llll(]LE OF 21"52'25° AND II RADIUS OF 796.62 FBl!T (TIIB CIIORD OP IIIIICII 8£1\RS IIOR111 53"22'30° NEST 302.21 Fl!BTI 1'0 II l'Olll'r OF TIINOBHT1 2 . 1'11ENCE IIORTII 64°18'0" NEST )21.20 FEET 1'0 II rourr OF CURVATURE; J . 1'HB11CB 86) .15 Fl!l,r ,.LOtlG 111£ ARC OF II CURVB TO 11111 RIOIIT HI\VlllG II CENTRAL IIHOLB OF 101°50'44" IIIID II RIIDIIIS OF 476.62 PSST (TH8 CIIORD OF NIIICII BBIIRS IIORTII 12"21 • 21" NEST 750 . 37 FEBTI TO II POINT OF Tllll(]BNT1 4. TIIBNCB NORTH n•12•01• BIIST 542 .H FBIIT TO I\ POilrr OF CURVIITURB, S. TIIENCB 795. 94 FIIET 111.oHO TIIB IIRC OF II C."RVB TO 1'11B LIIFT 111\VlllO II CElrrR"L llll(]L& OF 34 °55' 11 • I\ND II RADIUS OF 1)05 . 12 F&BT ('111S CIIORD OF IIIIICII 8£1\RS IIORTII 22°01'03" 11118T 713 .67 FBBTI TO II POINT OP TIINOIIIIT; 6 . TIIENCB ..-rll 04°40' 26° BIIST 114'. 04 FBIIT TO II POINT ON TIIB IIOUl'IIBRLY RIOIIT-OF-111\Y LIii£ OF llllST OXFORD I\VBHUII; TIIENCE ALONG 81110 RIIJIIT -OF-111\Y LINS SOUTH u•s, • 56" BAST 20. 07 FBIIT TO 1118 IIOR111BIIST CORNER OF SAID PARCEL DBSCRIBED IN IIOOlt 4104, PIIGS 23' 1 TIIIINCII IILONO 11111 Bll8TERLY IIOUNDlll!Y OF SAID PARCEL DBSCRlBIID Ill IIOOlt 4104, P.MlE 236, 111B FOLLOIIINO SIX (61 COURSES, 1. Sotml 04°40'26" IIEST 1147 .67 PSST TO II POINT OP CURVATUIIE; 2. 111£NCI! 801 . IO Fl!ET ALONG 1118 ARC OP A CURVE TO 1118 RIGHT 111\VINO A CBNTRIIL IIIIGLB OF 34°55'11" AND A RADIUS OP 1325 .U PEET ('111E CIIORD OP IIIIICII 8£1\RS soum 22•01•01• llllBT 795.65 PSST) TO II POINT OP TIINOEIIT; J. 111£NCI! IIOUTII 3'0 32'01" llllST 542 .)4 F£IIT TO A POINT OP CUIIVIITURB; 4 . 11111NCB 127 . 59 PBBT IILOIIO 111E ARC OF A CURVB TO 1118 LaPT 111\VIIIO 11 C811T1ll\L IINOLB or 101°50'44° 1111D II RADIUS OP 456.U PEET 1'1111 CIIIOIID OF IIIIICII 8£1\RB SOU111 12°21'21° 11\111' 711 .11 F&BTI TO A POINT OP TIIIIOIINT; 5. TIIINCE IIOUTII '4°11'43" 111ST 121 .20 FIST TO II POllff OP CUIIVIITURE; 6. THENCE 2H . 29 F'l£T 111.oNO TIIE ARC or II CIJRVI TO 11111 IIIOIIT 111\VlNO A C£NTRIIL IIIIOLB OF 20°05' 12· I\IIO II Rlll>IUB OP 11'. U PEET 1'1118 aaoaD OP .. IICII BEARS IIOUTII 54°1''07° BAST 214.ll F&BTI; 11IIINCII ALONG Tll8 IIIIIITIIIILY IIOlN>ARY OP MID PIIIICSL RaCOIIDa> IN 800ll 1425, P.1108 511, BOUnl 04°50'5'" &a8T 12.14 Fal',,, Tia TIIU8 fOllff OP ••n•INO, COlrTIIIIIIIIO 7',0H IIQUIIIII F&8T toa 1.115 11C88111. _. oa ~- 8£1\RI-IIR8 111111111> OIi TIIE 1188T LI• OP 1118 • l/4 OP aecTIC. t l&Ullm IIOll'l1I oo•o,•4t• EAST . crno,-• -·-11•11m --a:11N.N1 .- ll/1/N • 9jk ' . .. • • • •, • <' t;.v..H,/3 IT f3 SPECIAi, PJUWJT FOR WATER TAPS 'nle City of Eqlewood, Colorado ("City") hereby ,rmta to South Suburban Park and Recreaticm Di.strict ("South Suburban") a Special Permit for the follcnriDc th1'N (3), two inch (2") water tape: 1. 2402 West Union Avenue -Account No. 04042024020 2. 2250 West Om,rd Avenue -Aa:ount No. 04027022506 3. 2301 West OmJrd Aftllue -Aa:ount No. 04027023010. Subject to the fi>llowing CODdit:iau: .. 1. Tbae tape are for tbe lllle purpoae of irriptiDf tr.. plmt.ed by the 10,000 ~ Project. 2. These are commercial taps and will be subject to standard commercial payment and maintenance policies of the City. 3. 'nle City will open the taps at the becinmni of the growin( sellllOll and cloae the tape at the end of the seuon upon the writt.eD request by South Suburban unleea a different procedure is qreed upon by both parties in writiq. 4. Thia Special Permit ia conditioned upon the P'8Dtin( of a pipeline euemant from the "State of Colorado fi>r the 1118 and bme6t of the Colorado Water Ccmaervatioo Board" to the City. Thia -t sball be i-ted alone the South Platte River within Colondo Water Comenation Board Property from approzimat.ely the City ofEnpewood GolfCoane bridp-cb to West Union Avenue. Thia Special Permit aball t.ermiDate upon the apiration of that euement or any enenaioa thereof. CITY OF ENGLEWOOD Stu Foada, Dinctor of Utilities SOUTH SUBURBAN PARK AND RECREATION DISTRICT .. 0 .. .JcL~ Dffid A. Lorm&, luc:atiH -1- . , • • 0 1 32xl • • 0 ?m" ?I) ~I'll ~ncio ,lt!:gove:ueaul ?m Shu1nq Aqencr IC!iSAl 95a :o~,l C~!::~ Street. IIGO }e~m. ·:o som T!L: urn m-:475 m: mi1 m-mo cm OF !!C~illOOO • • ,_ caffllllCATI •--·A MTTIII a, ~TIOII OILY -CCIIPIIII IIO llalTS ll'Oll 1111 c:al'TWll:ATI NOUIIII. ,,_ CIIIT1'ICATI DmS IIOY -· IXT9e OIi Ai.Ta 1111 CClwalAGI -IY 1'141 l'OUCal -.OW. COMPANIES AFFORDING COVERAGE CDIIPNN A ~ hdervri ~ers it L:oyd' l 1f ~ondo: ~- CD/IPNl'I C IBl8I CD/IPNl'I D ~ CD/IPNl'I • ~ ,,_ II TOClll'TFI TNAT IIOUml O, ....... L.a1ma.llll ___ T01111--MCIWI l"OII Tltl,aucor,-IIDC,\TID. NOTWITNIT-,,,,., MCIIJII-IT. ,_ OIi CGlalll* a,_., ClllfflUCT OIi Cffl9 DOCl-1' Wfflt IIIINCT TO -,_ CIIIT1'ICATI UY •--, OIi MY NIITAIN. 1111 .......:a A"'llllllm ff 1111 l'OUCal ~ i-.•...,.TOAU.'11111-. on·--CQIO. 110NI Ofl IUCN ,ouca. F= ~ ~~:IDS I ;~ CCNT1I.ICTOIIS IIIO,\Q'i:Jlll~!ml)-.;e ~-IIJUIIY L .AWTOIIC&I UAalTY I I ..,., :.urc ri .\I.!. ':WIEl AUTOS 1111V ""5S l n 'I.!. :'NNEJ .IIJTCS (~~, n~= H---= f G,IN,GE ..!All.fTY H IOTNP IICLICY,...- crnm Gall!~! Cl~~~~~~~~~,,.. --DAIi,_., 01m!!m 01111/19'7 i(, \1 :!!p~:. :o e1m1ent 1t 11101 Ate ~ 1tit101 aorU of golf eourse ilr:d~! :; oid 3ur ~mk ?Im be11m19 ~rli 1'97, ,0~1.J:,. ,uure~: !~A~! :: :~:.Om'l c~ JA7:,. ::mmr:o, aom :I:! F::m ST .. IT! FLOOR )E!VEL -~ mo1 l:::: ::m !ASS! l'IU:r-'l:11 DAIi- aimm 0! '1/11/19!! ICDILY Is Is '""""' =='Is Is ~Is Is I PIASONAL llil.lURY Is -· I -·-s -· I ,,.._ s j="'ls I 1&::.:.,I s I I i~ls Is ITAYVTCIW s (fM:M .ic::CE:lf, s tml,\l(~I --s IOISUSE-..0 t ...... • . ... •· , • ,. • • ~-~------- COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY PROPERTY/CASUAL TY DESCRIPTION OF COVERAGE • to S150K per person/$600K per occurrence for liability claims subject to Governmental Immunity Act; SI.SM claim/occurrence other automobile claims; $SM claim/occurrence other liability claims. All coverages subject to aggregate and other limits. DODO O SCHEDULE OF EXCESS LIABILITY CARRIERS 1997 $1,S00,000: LLOYD'S OF LONDON/NORTHFIELD ~SURANCE COMPA.'iY POLICY Nl;:\IBER GB12101 $3,500,000 EXCESS OF $1,000,000 NORTHFIELD POLICY NUMBER AE100031 ., .... _ ... . ' .. • • 0 1 32xl • -------------------------.--- • • 10 b 111 BY AUTHORITY ORDINANCE NO. _ ~OF1997 COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE ENACTING A NEW 'ITl'LE 5, CHAPTER 24, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TATl'OO ESTABLISHMENTS AND AMENDING TITLE 7, CHAPTER 6E, SECTION 5 . WHEREAS, the Englewood Municipal Code does not currently license or regulate tattoo establishments; and WHEREAS, the Englewood City Council baa set the goal of improving the business and residential quality of life in the City; and WHEREAS, the licenaing of tattoo establiabments protec:ta the health, safety and welfare of the public; and WHEREAS, the City wishes to ellclude qualified medical practitioners performing tattooing for specific medical purpoees; and WHEREAS, the; City requires tattoo eetabliahmenta to operate in accordance with applicable municipal laws and state statutes; and WHEREAS, the City requires tattoo e.tabliwbments to operate only at the licemed location; and WHEREAS, the City requires the liceme bolder to comply with all reuooable conditiom to prevent a nuiaance, and .,_ve the health, ufety and welfare of the community; and WHEREAS, the City requires the liceme bolder to have comprebmsive pneral liability insurance to protect the public from any harm cauaed the licenae holder; and WHEREAS, the license bolder ia not allowed to perform tatt.ooinc on any minor or penon under the influence of alcohol or clrup to protect thoae penona from harm; and WHEREAS, the City does not allow the transfer ofthia licenae to another location or person; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: • . .. .. ... I· • 0 1 32xl • . (• • Section 1. The City Council of the City of Englewood, Colorado enacts a new Title 5, Chapter 24, entitled Tattoo Establishments which shall read as follows : CHAPI'ER 24 TATl'OO ESTABLISHMENTS SECTION: 5-24-1 : Definitions 5-24-2 License Required 5-24-3 : Application for License 5-24-4 : Special License Requirements 5-24-1: DEFINITIONS:: IN ADDfflON TO THE DEFINITIONS LISTED IN E. M. C. 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS RELATING TO THE LICENSING OF TATTOO ESTABLISHMENTS, THE FOLLOWING TERMS, PHRASES, WORDS, AND THE DERIVATIONS SHALL HA VE THE FOLLOWING MEANINGS : TATl'OO: TATl'OOING: TATl'OO ESTABUSBMENT: AN INDELIBLE MARK OR FIGURE FIXED UPON THE BODY BY INSERTION OF PIGMENT UNDER THE SKIN OR BY PRODUCTION OF SCARS. THE ACT OF INSERTING ANY PIGMENT UNDER THE SKIN OR PRODUCING SCARS THAT LEAVE ANY INDELIBLE MARK OR FIGURE FIXED UPON THE BODY . ANY CORPORATION, COMPANY, PARTNERSHIP, OR INDMDUAL THAT OFFERS OR PERFORMS TATTOOING FOR ANY FEE, CHARGE , OR REMUNERATION OF ANY KIND . 5-M-2: UCENSE RBQUDUID: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PERFORM TATTOOING IN THE CITY OF ENGLEWOOD WITHOUT FIRST ATTAINING A LICENSE EXCEPI' FOR QUALIFIED MEDICAL PRACTITIONERS FOR SPECIFIC MEDICAL PURPOSES. 5-2-4-3: APPUCATION FOR UCENSE: TATTOO ESTABLISHMENT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS TITLE . 5-M-4: 8PECW.. UCBNIIE BBQUIBEIIBN'l'lk IN ADDfflON TO ALL omER PROVISIONS OF THIS TITLE , THE FOLLOWING SPECIAL REQUIREMENTS APPLY TO THIS LICENSE : 2 .. I· 0 '32xl • 0 I• ·, • A LICENSE HOLDERS ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND STATE STATUTES AS ADMINISTERED BY THE ARAPAHOE COUNTY TRI-COUNTY HEALTH DEPARTMENT. 8 . THE PREMISF.S MUST BE MAINTAINED IN CLEAN AND SANITARY MANNER AT ALL TIMES. C . ALL EQUIPMENT USED FOR BODY PIERCING MUST BE SANITIZED IMMEDIATELY BEFORE AND AFTER USE . D . A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH CUSTOMER. THE NEEDLE MUST BE DISPOSED OF IMMEDIATELY AFTER USE. E. INKS USED FOR ONE CUSTOMER SHALL BE DISPOSED OF IMMEDIATELY AFTER USE, AND MAY NOT BE USED FOR ANOTHER CUSTOMER. F . THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH CUSTOMER WITH WRITTEN INSTRUCTIONS REGARDING THE AFTERCARE OF TATTOOS. G . LICENSE HOLDERS MAY PERFORM TATTOOING ONLY AT THE LOCATION SPECIFIED BY THE LICENSE. H . LICENSE HOLDER SHALL AT ALL TIMES HAVE COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) PER OCCURRENCE AND AGGREGATE. I. LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM TATTOOING ON ANYONE WHO IS UNDER THE AGE OF EIGHTEEN (18). J . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM 'fATTOOING ON ANYONE WHO IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. K . TATTOO ESTABLISHMENT LICENSES ARE NOT TRANSFERABLE TO ANOTHER PERSON OR LOCATION. L . ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE AGE OF EIGHTEEN (18). M. NO PERSON SHALL PERFORM TATTOOING WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. N . ALL PERSONS PERFORMING TATTOOING MUST BE SUPERVISED BY THE LICENSE HOLDER. Sgtjgn 2 . The City Council afthe City afEn,lewood, Colorado ameada Title 7, Chapter 6E, Section 5, of the Eqlewood Municipal Code to read u followa : 3 I ----------------.r----------.,---~---------------------------- • 0 • 7-6E-5: TA1TOOING: A . It shall be unlawful for any person to tattoo any minor in the City or its police jurisdiction. 8. ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE AGE OF EIGHTEEN (18). Section 3 . License Fee: License fees for tbia Cbapt.er shall be determined and set by City Council in accordance with 5-1-8 oftbia Code. Section 4. Licenses required: It shall be unlawful for any person to act as an tattoo establishment (artist) without first procuring a license. All provisions of Chapter l, of this Title are applicable as well as those special provisions listed below. Section 5 . The Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of siI months with the passage of Ordinance No . 25, series of 1996 and now removes the following licenses from the moratorium: Tattoo Establishment Licenses. Section 6. Safety Clausea The City Council , hereby finds, determines, and declares that tbia Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that thio Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation 1D the proper legislative object sought to be obtained. Section 7. Seyerahjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof 1D any person or circumstances shall for any reaaon be adjudged by a court of competent juriacliction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 8 Ini;onsjstent Ordjnancea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 9 . Effec;t of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by tbia Ordinance shall not release , extinguish, alter, modify, or change in whole or in put any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held u still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpmie of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actiom, suits, proceedinp, or proeecutions. 4 •. I· 0 • , • • . ' ------ 5el;tim 10. &naJ.u. The Penalty Provision of E .M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and puaed Oil &nt reading Oil the 7th day of April, 1997. Published u a Bill for an Ordinance OD the 10th day of April, 1997. Read by title and pMNd OD &ml readinc Oil the 21st clay of April, 1997. Publiabed by title u Ordiname No. __. Series of 1997, OD the 24th clay of April, 1997. Thomu J. 8UrDa, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foreaoinl ia a true copy of the Ordinance puaed OD 1ml reading and publiahed by title u Ordinance No. _, Series of 1997. 5 ' . • . • 0 'a2xl -------------------------.,----------------------------- • USOLtmON NO. ~ SERIES OF 1997 ·, (. • - A aaDU.JTION IIBT.ABL IMC #WWW POltTAft'OO l:BTAIILIBIIIIBNTS UCBNSBS UNDER TITLE 5, CHAPl'ER 24, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of Eqlewoocl, Colorado bu amended the Englewood Municipal Code with the pauqe ofC.B. 29, Series of 1997, by deleting the refenmce to liceme fees; and WHEREAS, liceme fees are more appropriately set by Council resolution on an annual basis; and WHEREAS, this reaolution eetabliabea liceme r-for Tattoo Eetablillhment Lic:eDH8; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. 'l'be City Council of the City ofEnpewood, Colorado hereby appvvee the followinc r-for Tattoo eatablillhmente: Tattoo Eetabliebment Lic:eme Fee: Application Fee $50.00 annually $10.00 paid in advance ADOPl'ED AND APPROVED tbie 2ht day of April, 1997. ATTEST : Loucriahia A. Ellie, City Clerk I, Loucriebia A. Ellie, City Clerk b the City of 11:apwaod. Colorado, bereby c:artify the above is a true copy of Reaolution No._ S... of 1997. , . • ... . .. • .. • COUNCIL CO...uNICATION .,.. Agela ... ....... Aprtl 21. 1117 Rwlluliol'I .. llllNllg ... for 10 C i TIie 5, Cllapler' 24, Fees for Tlllloo l.lcelms lnlllaacllly I Ftri- SlllffSoun:e al Flnenc:ial Services Dlredor COUNCIL 00M. AND PREVIOUS COINIICIL ACTION Tbls reeolullon eetabllllla f8IIS for tllloo llcenw. Embllstmg fees by reeolullon ts required by TIie 5, Chapter 1 . ,.,. the u.y e. 1• lllldJ NSSlon, lhlt'f dtsCIIINd the propoNd moratorium w111 the cay Council. 0n June 3, 1•. Ille Clly Council !Nd and paged Onllnanc:e 25, Senes o11• on tlnal reading. Tbls Onlnancll ellablllhed Ille maralDrium to 11111 fnlm June 10, 1• to Decembel 10, 1•. Council adopled Onlnancll 55, Series o11• Ulllldlig Ille rncnlaltum unlll April 10, 1117. On Fellrualy 19, 1117, Cly Councl approved on tlnl reading• bll for an onlnanca Ulendlng Ille rncnlortum 1111111 July 10, 1117. Council appioved on tlnl reading this ,.. ..... under TIie 5, Chapter 24 al Ille Cly Coda on Aprtl 7, 1N7. IIECOIRIIEJCIED ACTION Slaff recommends Clly Councl approve this rellllulion . UCKCIIIOIN), ANAL.ftla. MG ALTBINATND l)lffTIIIB) No feel have been pnMCIUIIJ ........_. llnce 1111a ts• new llcellN. Fees .. 911 by reeolullon to allow Clly Councl......, In ...... Ill and 9llllng .... FINMCIAL M'ACT No feel..,. collec:led forllele lalll8S In 1•. F ... n 911 • falowl: lnlllal/Annual Tlllloo UC... FN: $50.00 Appliclltion FN (peld In advance): 110.00 LIIT OF ATTACHIIENTS Copy ol rellllulion . ' • . .. • 0 'a2xl • • 0 • COUNCIL COMMUNICATION Subject Date April 21 , 1997 I Agenda Item 10 C 11 I Office Supply Contract-1997 /98 Initiated By Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Staff Source Tom Kershisnik City Council reviewed and approved the Bid Proposal and Contract for office supplies for the period from June 1995 through May 1996. The Contract with Boise Cascade was extended through April 1997 . RECOMMENDED ACTION Approval of the 1997 /98 Office Supply Conlract with Corporate Express . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Of the five bids solicited for office supplies, four were received. However, only two of the responding companies provided acceptable bids, based on the bid criteria They were Mile High Office Supply and Corporate Express. The Mile High bid included a discount package (depending on products) of 45/25/15% off catalog list. Corporate Express proposed a discount package of 60% -70"/o off list for the top I 00 items . Except for OEM and HP products, that were bid at a discount of 28%, all other items will receive a 46% discount from list price. FINANCIAL IMPACT Annual purchases of office supplies under the blanket contract amount to approximately $50,000 per year. The current contract with Boise Cascade provides a discount of 35% from list. A random check of products in the Boise and Corporate Express catalogs indicated that their list prices are comparable. The City should realiu substantial savings given the deeper discount structure proposed by Corporate Express, as compared to Boise Cascade. The bid criteria included pricing for the top 33 items used by City departments. The dollar bid received from Corporate Express, for all items combined, was roughly one-third of that per the Mile High bid . Further, a comparison of prices for ten additional products, selected at random from the catalogs, showed that prices for Corporate Express were 26% below those for Mile High . This information supports the low bid status ofCorporale Express. LIST OF A IT ACHMENTS Bid Proposal Tabulation ·- I· I • ' . • ~ . I ./ • ~ ' • .. {' CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEMS(S) -OFFICE SUPPLY BID Bid Opening Date: March 3, 1997, 11:00a.m. I No. Bidder BID 11:KM:I ~,,.,,..,,,, . PRICE •c• TOTAL EXCEPTIONS 1 OFFICE DEPOT NET30 NO CATALOG SUBlaTTED WITH Bl> Att: Jan Trautman 45%0FF PRICES FIRM $42.80 NO SAMPLES OF REPORTS RECEIVED 5280 Jollet StrNt CATALOG 4/97 TO 3/98 SEE BIO Denver, Co. 80218 2 Corporate ExpreH NET30 SIX PAGES OF ITE-LISTED AS Att: Dave Ande'9on 46%·0FF PRICES FIRM $27.74 EXCEPTIONS TO DISC, THAT AVE. 13800 E 39th Ave. CATALOG 4197 TO 3198 28% OFF CATALOG Aurora, Co. 80011 SEE BID 3 BolH Caacade Office Prod. NET20 NO CATALOGS SUBMITTED WITH Bl> Att: Laura Smith 35%0FF PRICES FIRM $81.62 ONLY ONE COPY OF BID SUW 11 ED 18800 E 33rd Dr Suite 30 CATALOG 4197 TO 3198 NO SAMPLES OF REPORTS RECEIVED Auroar, Co. 80011 NO REFERENCES SUBIIITIED 4 Falaon Office Producta Att: NOBID NOBID 10882 E 51at StrNt Denver, Co. 80239 II Mlle High Office Supply 45%CATOLOG NET30 Att: Cal Markwell BLUE ITEMS PRICES FIRM $81.11 SEE BID 60 Tejon Street BAL25%& AWARD DATE Denver, Co. 80223 15% TO FEB98 • ClfFICE_SUPPl Y _ TM • • • • COUNCIL COIIIIUNICATION 0.. Agendallam April 21, 1997 10 C 11 i INITIATED BY STAFF SOURCE I• Subject Purchase of a 1997 TIit Cab Medium Duty Truck Department of Public Works Charles Ester1y, DirectDr of Public Works COUNCI. GOAL AND PREVIOUS COUNCL ACTION No previous Council action. RECOIIIIIENDEO ACTION ,.,_,,,., by maaan, the purchMe a1 one 11187 Tit em Mldlum Duly Truck (cab and challll) from .. 1aw bidder. Bult Chamlllt. BACKGROUND, ANAL Y918, AND ALTERNATIVES IDENTFED This piece of equipment is scheduled for raplaclment through the Capital Equipment Repiacemmlt Fund (CERF) program . Vehicle no . 3170, a 1989 GMC, d be l9tir9d from the tlNt. Vehicle no . 3170 has a hydraulic NI loading mechanism allached 1D the vehicle. Thia mechaliam d be l9lir9d with the truck, and ,...,.It is~ under. separaa Council Comnulicltion. FINANCIAL .. ACT Two bids went received for the ,.._,.It al vehicle no . 3170 : Burt Chevrolet Tl'WISWNt Trucks, Inc. $32,738 .12 $33 ,818 .00 Funds are available in the CERF 1D cover the low bid from Burt Chevralllt in the amount al $32,819 .12 . LIIT OF ATTACHIIENTS Bid Propoul Tabulllllon Burt Chevrolet Bid Trai•Nt Trucks, Inc. Bid L.aner al Recom,,.-ldation lo~ I . ' ., •· 0 '32 x l • • {j_ CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEll8(S) -1897 TILT CAB MEDIUM DUTY TRUCK 1t97 TlltC•b Bidder 11«1. Duty Truck 1 Roclly Mountain Truck NO RESPONSE Ull llrlghlDn Blvd. Denver, Co. 80211 J llounlllln ..... Ford NO RESPONSE 1121v .... lllvd. Denver, Co. 80211 J ... Chevrolet S32,111.12 ........... , -• Co. 80110 4 Tn11•w111 Trucb, Inc. $33,HI.OO 7121 ....... Road Cllr, Co. •22 •• • Bid Opening Date: MARCH 13, 199711:00 A.M. PARTS SERVICE MANUAL MANUAL Remarlra/Except/ona $25.00 $95.00 NO EXC&PTIONI m $50.00 $70.00 SEE EXCEPTIONS SECTION-ONLY 1 COPY OF BID SUBMITTED-NO BROCHURE OR STATEMENT DELIVERY Tll T _CM_MED.OUTY _ TRUCIC , I - ,• ~ r I . 7 • • • .. ... • k-0/t~ [. - 10: FROM: DATE: SUBIECT: Mayor Bums and Members of City~ Sue Bradshaw, Executive~ April 18, 1997 Agenda Items 10 c iii and 10 c iv '' As requested by Council Member Clapp, attached is additional bid information for agenda items 10 c iii relating to the Tdt Cab Truck and 10 c iv relating to the truck mounted hydraulic loader/dump body truck. . ' • . r • .. • 0 1 32xl • Te: ·, (, MEMORANDUM .. Wbile. fled~ Maida 20, 1997 Till Cab McdilD Duty Truck • • /() 6 iii l wou14 ro> nmr,,d 1bll we award die bid to Ban CbfflOlcL Wida die ..W klm !tall~ Ley cllrif/iD& die iam of PTO c1,tir•11:c. lbcy llC die laWCll bidder ad lllllCI all Ille oal speciflcpric:115. If you llrllll SIY tiawr c:laifk::IIXll at al • g,:, plcllC 111>:l ts to Qll. • . 0 • 0 1 32xl / • .,--------------------------,, ITEM NO. 1. 2. 3. . , .. • BID PROPOSAL 1997 'tll't OB MEDnJK DtJ'l'Y D.t1C1t DESCRIPT!ON 1997 Tilt Cab Medium Duty Truck Parts Manual ( 1"1 iu,fick.) Shop Service Manual TOTAL BID ESTIMATED QUANTITY l l l BID PRICE s 32 ,/,,;ef. J 2- $ 2~.00 s ~S,t .. 'tJ s32,1 ;fl./ 2-, EstLTUated date of del:.ve=y _ __._~_,_.-12._,,,, __ 1_,_-_l_/. ... ,_J._.5[:_~ __ --,.._S,.__ ____ _ AI.I. IATDIAI. r.o.a. C:tff or DfGLZIO)I) 2800 South Platte li'9'9r Dri..,. Enq1..ood, CO 80110 INVOICING TERMS __.1,-/ ;._./ _____ 3_1) _____ _ PRICE QUOTE FIRM FOR 50 DAYS. EXCE?TIONS:----------------------- BY: NAME (P -~~ srG TURE Tfkfl: )Ak5 AD0R£SS 1i1~U,$ ftfl:PKONE •. •· • 0 • Prwparadfor: PNparadby: City of Engl-,od S.E. LEY BURT CHEVROLET, INC. 5200 SOUTH BROIDWAY P .O. BOX59 EMGLEWOOO, CO 80110 Phone: (303) 781-0333 Fax: (303) 781M211 C H E V Y T R U C K Vehicle Summary CODE T742 MODEL AND FACTORY OPTIONS 1997 F78042 STANDARD EQUIPMENT Asl'ltray : Arm rest nch door. Battery box: On right hand side behind the cab . It has non-skid petforat , • surface which protects batterin and the box. Location allows for short starter cabte ~ · ~arter9 are R.H . engine mounted. Ergonomic instrument panel Fe:llturn and fu nctions Large nsy to re:id gau!]es: Elecmc speedometer (MPH & KPH ) 1nsteaa of ~ometer cable for ~u18'er Of)er8tion; Resetable tnp c>dc>rMls"; Coolant temperature gauge: Tacnome1ar; V~'fmeter: Oil prwsure gauge: Fuel gauge: AM pressure gauge (included With air t : .:.cs): Idle control SWltch ,n ,nstrvmMlt panel . -Telltale -,ng lights for: Left and ngt,t !Um 11gnala; High DNIT!; 8abry: "C hecll gauges" light Panang tnlle ( hydraulic bralrel ); "Serw:e engine soon· light Engine~ litJ!,t (ges or.ly); Oiff9nlntial Ioele (optlon:al); Law coolant (Oielel onty); Law atr (i nctuelea w,tt, atr lnllea); MyOraulic bra1ce ~·ASS Pnmary; Hydraulic brake. Secondery: .Air inlet helter (diesel only): Exhaust br..ke (Optlonal); s..t belt wem,ng : L-oil prwsl:re and h~ ...., tamperMure alalffl \40 automalic transmlUIOn "De Nol Shift" Coat l'looic · Right hand. C.O Construction: 915 1nct, eff9ctlve BBC. 2 r.ap entry , wheel well splasn ;uam. inner and outer fwld«s . and adlnded conolion tr'Nlment. Dash Pad: Padded 1rmrument panel . Pad is .. gray . Doors: Side impact door bNms, 85" door opening. ~ portion of RH panel ha visibility win~. Floor mat Vinyl with inaulallon. <;.e, framing : Closed frame construction for ,~ ngtdity . ~ Jee gas engine. Fuel System: r-baff9I ttlrollle body in,edion. Roc:l\eltlr 29!5 R8Cll'CUIMOfy fuel lyt19ffl Wllh "'9" ~ pump tn tank (29 1'5 •; Computer eledronically fuel 1n,ed9d. C lutcfl· 13" (310 l'lffll ) Speer Sll,gle ?I* rff""'9talic PUIII type. Cooling: 29 qt ~ dllll 195 degleN F Coolant 9119M!Of'I,.._., bGllle •ICOl1IOl819d 1n cloMd C001111Q ..,-n. eon... 1911W Sfl""9 ctam;-1 ,n large ~ l'I09N. Coolant OEX.COOl.(tffl) Lang W. Coolant. Fan 22" (8 or ~ nyton eacon V11COU1 drive. F" ... Fuet ,,,...type Filter, Otl Fi.II-flow 1.4 qt. soin-on type. ~ liarpl ~ GXI rpm Road S4INCI C,o.--75 l"llft ITlllllfflUffl. lgmtion: Higfl Energy Ignition WO E1edronlc s,.,11 Conlrot . Eicftelllt Single. LH llalnleaa ltNI allallt Witt! catalyac _._..-mountad belllnCI morller He-, Duly Stanar: Delco Remy ?0290. ~ 1'1le ~ 8.Cll..,.. • caplOle of...., on .e.m. fllell wt ·en opCion ENN ii apealled. 0-glna: Fully !lnted RM .,_-·.w,oow WIIII .,,,.,... tide gtes1 and ~H llde Vlllbllily Wllldow Glall llandlla: ThrN point llllry l)siaffl ·-tone grab handlll and -,.., Hom : Single tlectnc. -..., Nh•IICI llufflper ..... lluftan ~ Halogen daytime "'""'"' ligllll -..... LIi'*, five root mouNad d ...-.nc:e ...... ""'1 Mlrlll 12. 1117 MSRP 39,248.00 ... I· C ------------------------··----------------------------------.---- • • ', - P,..,..S for: ~by: City of Englewood S.E. LEY BURT CHEVROLET, INC. 5200 SOUTH BROADNAY P.O. BOX59 ENGLEWOOD, CO 80110 Phone: (303) 791-0333 Fax: (303) 789,«211 CODE RC2 JE3 LSO N85 ~G TM1 KA MODEL ANO FACTORY OPTIONS STANDARD EQUIPMENT and headlamps are controlled via th e i_;; column mounted switch for trucks or with a dash mounted switch for tractor applicat1ons. Ugnting: lntenor dome lamp is act1vat~ Jy left hand door switch or bv ir:strument panel dimmer switch . Cab mounts: Cylindrical silicon nuid sealM! '1Jbber mounts at front and rc3r. Cab tilt lock RH side. Mirrors: Dual 7"x 16" With black molded heads and brackets. Set for 1 CZ' wide body Width . Sefeiy belts: Two lap/shoulder assemblies ·Mttl three point design One 1,1p belt assembly in center position with optional center seat. Vinyl Seats: High back buck• type With ad justable lumbar support. Non suspension fur ? both dnver and passenger . Steenng column: Tilt and tete11cop ic . The 'allowing features are inc!uded : Colla~ible steenng column bracket for improved dnver safety : ignition switch : ha:-'lrd nasner switch; passing beam: and two multi-!unction switches including tum s:~nals . windshield wiper/Washer and headlamp dimmer switch . Sunvisors : LH and RH padded vinvl covered . StNring w!INI: Soft touch. 18.9" diam-. Windshield: Laminated tinted glass and bonded to improve occupant pmtection. Windshield wipers: Electnc two-speed with ad)ustable 1ntennittent and W<1t arm windshield waller. Controlled with RH column IWltcn. The one gallon capacity r--.ioir is ~ through the front serv,c:e panel . Blades and arms -of e,e overtap wipe paeamtype. Door Trim : Molded plastic panels -daril ;ray with int191'11 vinyl COV91'ed amnsts. lntenor INturw: Two -heed shehlel With docn. stor1lge tray ldjacent to dnwr, oplional canter Met has storage eompartmenf/wor1( arw . MIit Ilda tray Wilt! cup holder, c:ga,91te lighter. and dome light. Truck Application. Includes 10 amp protec:ld ignition and blttary fwd <"O!'lnector leadl with 2 spara 12 gauge leads running o.iwaan connecrors . Bne vehtcie -vnt indudal 12 gallons of fuel . Hydraulic antllock brake system. Oise type front & rear Bendix Hydro M3x high perfurmance boMter. Tandem mntar cytinder pr'Ollldel indepalldent fri,nt and rw circuits . Front disc: 14-31•" rotor di1m«ar. 1-5/15" rotorthickneu with two 2-1/2" diarMtw pistons. Total lining aru 74 .4 sq . in . Rur Oise: 15-3/8" rotor diam11er, 1-112" rotor th1ctu, .. s With two 2-7/'7 dlarMIW pistons. Total lln1ng -82. 3 sq . 1n. With 8100 lb front axle Fl. 1. GVW limited to 27.3'0 lb due to brake system rwquirements. Booster~ 1s supplied by poMr ~ pump ; bac.-11• eoun::e ii elednc motor. Includes semi-metallic. ~ brake llnmgs. Purking braU is Internal ecpendlng drum type. transmllSIOf'I mounl9d. ~ and caDle IIC:luallng. ,A'ee cu in . 9 .0 L. VB Ga. 225 gross hp. Eiec:tromc: Fuel ln;ac,11on. 210 net hp O -,OU rpm . 325 lb ft net torque O 2.00 rpm. 3"° lb ft grass tarqUe O 2400 'T'ffl . 50 .-. r.d .. 1 emissions. Single honzontal e,ct,aust sywtem . Stainless ttael wia, gas engine. Alum1nizad ltNI wlll dielel engine. Lift hand mounted inside frame rail . Ory type •r cleen•. IC. brand. Block hNter . 400 watt Includes eleclncal cord WIit, 120 ¥Git plug & plul: ~- Slngte bahry. 900 ampa. Oelco Fl9edom II Plul . 12 IIOlt 115 milllal ~ ca,allly 0 27 degrNS C 900 lfflPI cold c:ran1rinO cunM O -11 --C . <""OUIICled ...., to.,,. 105 amp lhmator Oelco Remy CS-130. ..... 2 Mala! 12. 1117 MSRP NIC NIC NIC NIC NIC 21.00 NIC NIC • . ' I • 0 • • • • P'9par'ed for: PNparad br: City of Englewood S.E. LEY BURT CHEVROLET, INC. 5200 SOUTH BRONJWAY P.O. BOX59 ENGLEWOOD, CO 80110 Phone: (303) 7111.Q333 Fu (303) 788-Q11 CODE MF1 ,/G80 022 FQT ~5 NLO UMII ZV1 1111.. 1eu XXX XWL R4l "R3C YWl SAL S30 .hH3 SNF ZWL PTO MODEL AND FACTORY OPTIONS 4 speed automatic. AT545 Allison . Torque rating: 445 lb ft. lndudes increased cooling and transmission oil cooler. Maximum GVW/GCW limited to 30.000 lhs . Transmiuian mounted PTO is not avajlabl• with LSO gnollne engine. No Clutch Available. · . , 11,000 lb capacity front axle. Includes ZF Selvocom 8097 variable ratio steering geer and National brand unitized oil seals with g.-.ase lube. 12.000 lb front suspension. Tapered leaf. lndudes front shock absorbers . 21 . ooo lb single speed axle. Eaton 21 oeos. Includes 7SW-90 synthetic lubncant. magnetic ftller and drain plugs and National brand oil saels . 21 ,000 lb rear suspension. Multi leaf (Rear multi leef springs. aux . springs and a stabilizer bar are recommended on trucks With a high canter of gravity or in heevy duty application.) Auxiliary springs . single tapered leaf. Provides incraaHd load stabiliZation & spring durability. Ratio : 1 speed 7 . 17 140" Wheelbase. 108" CA, 160" CE 80 ,000 ps i yield strength steel frame.SAE J1392 • 080XLF steel . Dimensions: 9.65" x 3" x 5/16". Section modulus 12.53 cu in . RBM 1.378 ,:?00 . Painted semr~l.,ss black. 50 (U .S.) gallon LH. rac:tangular fueltank. lndudes sump and drain plug and 12 gallons of fuel. Clarion AM-FM Stet90 radiolc:nNtte Elec!n:lnically tuned . Digital display, clock. SNK-scan. and auto ,__ Includes i-front ll)Nkan. Solid color exterior paint. Lower paint color • Wha Upper paint color • White lmenorTrim Radial Tubeleu 11R 22.5 G (14 Ply). Radial tubeless, front 12350 lb~- Michelin Brand Front Tires. See ..... distribution for availability Not available in all lialtrNdlbrand combinatiOM. PTwnium Highway T..-d. XZA2 Radial Tubeless 11R 22.5 G (14 Ply). Radial tubeless, l"NI'. 22700 lb capacity. Michelin Brand RNr Tires. See salel distribution for availability Not available in all 11Zeltrudlbrand combinations. Highway Premium Traction Trad. XOA2 Steel Oise 10-Hole Hub PIiot Front 22.5 x 7.50 Accuride . Steel Oise 10-Hole Hub PIiot Front 11 .25 inch bolt circle, Flange nut Stael Oise 10-Hole Hub PIiot Rear. 22. 5 x 7. 50 Accuride . Steel Oise 10-Hole Hub PIiot, Rear. 11.25 inch bolt circle. Flange nut MSRP NIC N/C eeo .oo 76.00 1,204.00 38.00 100.00 N/C N/C 155.00 N/C 125.00 NIC NIC NIC NIC NIC 229.00 NIC NIC NIC 434.00 NIC NIC NIC NIC NIC NIC Front Spare Wheel . Matches Sia and type of tronl wheel . Requm RPO P53 when 158.00 front spare tire is ordered. 11R 22.5 G 325.00 Painted disc wh ... s • Glay (E-Coat)_· ------------------..,....,=NIC~ SUB TOT AL .q_ 7!100 D!AL.!R OPTIONS Hot Shift FTC 790.00 SUBTOTAL 790.00 ..... 3 MIid! 12. 1117 ..... ·- ' I • I • ,,.,...tr. City of Etigl• road ADJUSTMENTS TIRE W&IQHT TAX (1WT) DESTINATION CHARGE TOTAL PAICI! (I) FRONTGAWR: REARGAWR: TOTALGVWR: ·, .. 11,IXIO II 21,IXIO 11 30,IXIO lb • - ,.. .......... S.E. I.EY BURT CHEVROLET, INC. 5200 SOUTH MOIONAY P.o.aoxs ENGl.EWOOO, CO 80110 Pl-. (303) 7114133 Fax: (303) '711-e211 O.IXI 171.11 820.IXI 4',121.11 n-pnca mar nat l"llect 111e u11ma1a V9llic:le c:aat. in vi-ot futur9 manutacturw ,....., 11111 .-. incanlha, ellr:. PricN and apecltlc:alialis lllbject ID cllal,ge wlltlollt nallce. Federal. -.. and local-..._ Alt ....,. M incllmaa a.. t11e opaaris ,-beat ..._. by t11e c11a1er. All Illa pr1ca •nHIMd...., by dlellr. The graphic pr1nlld an Ills report may nat refllct the V9lllcle choNn. R9¥1Nd 02/12197 ,.. -t2.,. •. .. • 0 '32xl ... • • •. MAR 19 '97 17:25 FR OM BURT CHEURO~E T f'AGE.001 5200 SOUTH IROADWAY lnsteuuoad. Colorado ICJt 10 Mirda 19. 1997 • Mr.PatWba Clly afEllglewood .. , . 2IOO Saudi Plaae RMr Drive Eqlcwood. Colorado IOl l 0 DllrPat: This ICII' is to ccmmm ourpbomWIINlillMiaf'llildaemlli.ctlle ~-..oatbe tilt c:ab truc:k -,.. recend, bid to JIIIII. . . . '• Wbilc: it ii true tbll the 1997 model otdis lrllllt la JIO"'I' ....-.-.. 4 w wil be fbnishilla you a 1991 ttuc:k 111d 111n wil N .__ to W tbl po... labae: Jfyou ~ fbnba' quellioas. ,.._ llllhe to Clll ca a. COLOIIA00'8 LAllea•T AUTO D8Al.811 .............. _...... .. • ... ~ . . •. •, .... ... . ,.· •• TOTAL ~ ... I•• .. • ITEM NO. l. 2. 3. • BID PROPOSiU. 1997 nI.'? OB ll!D:ItlH DC'?Y 'rlltJC1t DESCR:?':'!CN 1997 T.:.lt Cab Mec.:...:m Duty T:uck TOT"-!. :::::i ESTIMA':::O QUANTITY l l l ,. B!D PR!CE s '5"0 - s 7 0 ,.. s 3~ f'l(p - !st~"Tlatec cate c! c:e:.:.7e:y ____ (_S°_0_...,+ _________ _ ALL n..~ F. 0. 3. C::TY 01' ~,CCD 2900 Sout: J:.&tte R;iTa: tl::.'N Zz:qlewccc., c: 80110 !'NVCIC:NG :'!:l.MS ____ I\.; ... ' e.,.;;...:t""'--_>_C ____ _ :~:C! QGOT! E"::I.M E"OR 3 f DA~S. E."<C!?T:ONS: 5t:?= N~i;': hr. f',r&) (/.UUCf:4< "'1 .J.,c{.,,u/,c., Set: OpTtPLd ~ Re,~-:C~e<Jlf~ ,p.l,?;lt'~ /nufr d/1.di:'~ ~ '3-31-'?7 CATE T!TL! CCMP.C"IY -xo-ou~s-~-b-~-~--~-~-·,+k-~----~'R..,Q-------~~~~~----"--~-~....,._-~ __ ~coz~ Ttll~~ 3i~[ .. • • 0 'a2xl • ·, • <. w • .. ' " - -... ~- •· I / • (. CXTY OF ENG~EWOOD M!BL"«IM SP~CIFICATIOBS l99i T!!.T ell ~ItJM DOTY noa NE {l) 1997 TitT CAB MEDIUM DOT"! nocc. 30,000 GVW, 140" WB, 108" C.A. -~ S?~CIFICATIOl'fS l. ENGUIZ: GASOLINE 6.0L (366 CID) v-a -34 • c:::ot.ANT llO VOLT BtOCC EUTll 2. TlUl'ISM!SSIOl'f: S"fl'••D ;.,.:+,!. &,Jy 'T''f CJ . 3. UI.E: 4, l~S: 5. ·cnssIS: 6. SH.IllGS: 7. SffDillC a. 'UUS a.a: • /* A":-545 4 S?llD a!.:.ISOM AOTOl'.A":IC WI~ "ACT Sll!!'T" ,,. PTO) nor. -11 , o o o us 1l!:ll • 2l , 0 0 0 I.!S /. Jmllltn.IC ./* MAllO!'lc:tnlES STUDAlU) POlt OBIT GV1f I I* 140" W!!'!I,IISZ, 108" CU '1'0 III.&. * 80,000 PSI TIEU> SffDG'1'11 nm, l'llAIIS cPp°7". f!£C,4)mM~ • &. 11 ~ • ..,b,U• ~ ..... , I* Sn111WU) 1111:) &UXII.UllY I• ,own non:11-22.s l4 II.Y aAJ>UL l'!lCft SHU IIDEI. UI) 'fIU JlDl:ll-22,5 14 II.T aAJ>UL Klcmrll 'fDC'flOII noes I. ~tus IIQtJ'B'l'Z?) oa 10-•ou t1t.0'f ll'IJI nDLI TILT eu1n1n 111 cot.a• 'fWO Rl'f COU'f IIIDOU TWO IUI VIIOU "J.'WO 00'1'1 IDI cntAI Dll1)t.U ffO UK Uftl .. •· 0 '32 x l ----------------------.,------~----------------------- • • / ELEC'!'!.!CAL: 0 I • • S~!NG COLCMM: TILT AND ~-I.ESCOPIC · •. ·i '."..e.}--.. ,., .. ~~; ,>"·-~~ VI!rYL SZATS: EIGH BACC BUCD:'? 'l'YPE Wiff ADJllSTllt.l LIJMBll Sl7PPORT. AM/FM RADIO 60 AM!' AL'F..RNATOR S~ANDA.-:W BATTER!' FOR ONIT :S:LZC'!'R!C HORN T40!0MET~ L.L I~S MOS':' BE !N ACCOR!lA.'fC! WIT!£ CIT!' OF ENGLZWCCD S1!CIFIO.TIOHS. 7~ILTC3.TXT 'I ~ Q~,f\J1 c;... !I'1~ ~.id;~ a.. ?,o op~IIIJ/ - r;rr.. /~,e /~'1'7 ~~~ /Wl+'.A;Y1-f1IVJ t,/~t:.A-' ll I'< ~I 11\Mti.J.. t.u 1~L1-Ne T 1.,1-"~Lk. ,4,-1i..s 1, wr~ ( , ', ·) • • I· C • ·, - (. /{')t; 1E TO: Betty Goosm1D. Buyer m FROM: Wayn,e Oakley, Street OpmDom Mmpr DATE: March 27, 1997 SUBJECT: Truck Mounted Hydraulic Loader/Dump Body bid. I recommend we purchase the hydraulic: loader and dump body &om MacDonald Equipment for the sum ofS39,077.00. Allbought this is not 1be low bid, it is dae only unil dm will fit our needs. The low bid unit tiom Kois Br'Olbers for 535,S 11.00 will not allow dae cab doors to open when the loader bucbt is in dae down position. A picture is anached fur your review. This is not acccpllble tor 1be followias ralOIIS: • This truck is med 1be majority ofdae 1ime ill die ranoval of bad.,.. of upbalt ill our sueea. 1be opa._ llllllt ail die wbicle while die bacbc ia ill die down pomoa to usisl ill die hlad work iavolwd ill Clmilla ... ~ die apba1t. • The abamaw would be for die opllllDl' ID lllly ill die wbicle while die apbalt WOik WIii peamawd by GIii pmm or ....... ,__ ID die caww. Neilbs oflbele options ii COIi e&cti¥e. • Anocber alllemlriw would be for 1be oper-.ir ID exil dllOup 1be door wiDdow bal tbr obvious l'IIIOIII, dlis is c:enaiD1y nae 11: ceplable. • For safely reaom. tbe doors of a wbicle sboald not be blocud • 1belC .. • my time for ..., N8IOII. • I. • . - • 0 1 32xl • r • ·, • 1. ~~l EXCLUSIVE FEATURES GRAPPLE 71!.. 7 SU CK :-· :u .c :a::;ac :r. clamsne ,l loacs w ,tr ., , :,au11c :iowe• "a:: :, ,e; 40 ,ncn ci ean-uc '.lraf ·-a; ::n .. 11 s ,r '1.ate• a - DOUBLE AC71NG 58'.;N:5 :>:we, _: ar:: power :own. ~ugge: arcr h 1oe ::,c .. $I':S memcers permli ru,: ··:-: N ee l ·urr ,r; at a 1 times . 4,500 LEIS . N:7 LI F-:::inus :iower ·-a: gr,es load ing speeo or :Jf': :uo,c 1arc o: ,ea v:. materi a l ,n less th a r er<:: -n11"'ule :..::,.c.:,1N::; i":..EXIBl!..'.7 Y Se if 1cacs ,tsown tru ck arc a1so 'orward cacs rte o:r er truCKS for i"iox,-Jm eff1c ercy -::,r ar;e Qr s~a ll 1c::>s 57L.710NARY :...)4:l !NG ihe Graco 1e-i1lt =~c "e· =a~ 1c ac 1se1' :1 11~c~: i"l.:..,mg ::ie tr uc k. -ras -,a"'es 1oac,rg o · s10.:~::,1i e Tatena l ':asy on me cr.ass ,s. ;-i ;-s=>:E:i M031:..,7Y _'.)C,t-_ :n;cK ,oaoers trave l :c rne ,or; at n•g nway s:ieecs a rc get rne work ::ore :,e!ore otner loa,:ers CQut c arrive . • -:--. -. ~-.. :r • ..., .. ·_·Ii··.~ ... _ .. _ . ., ........ ·~ TH1SNW3jE: L :i•::= s :,~,1 ~:oc~:-:,~,..=--~~ ... ,r7',:,ss ,t !;a::ers~r yc'.Jreve .... ,ea~ --._~a::..,au l-Jobs with .. one -a--Jne --a c .... --= ::s· : ... ~ ""; ~"'-: ;-:. -.. S :;-:-a-:~ -as :l~"" or~J@"" :J , ·-3wsa,..:s o' sati sftea use rs·:· :,er ::-i ,~ •• ea·s Windrows of leave ~ in'· wrlll Ille powen ·. and contacts the g· closes ,t scrages tr .. • 0 1 a2xl 0 • BID E'RCE'OSAL 'f1U10t li£1Cl\lfiJJ ll'!DaACI.:C LOADD/l)UID BCDY P.B. truck Mounted Loader IT!.~ !2..:.. l. 2. 3. ESTIM.~'n:D OESCR!?T!ON QUANTITY Truck Mounted Hyd:aul~c l Loace.r/Dump Boey E'a.rts Manual. Shop Service Manual TOTAL 8!0 l l BIO PRICE $39,0n .00 each, less truck Sn/c Sn/c $39,on.oo Estimated date of delivery approximately 45 to 60 days after receipt of truck. ALI.~ r.o.B. an or~ INVOICING TERMS 2800 Sou~ ltlat~ li"Nr Dr:i.ve bql.awood., CO 80110 Net 30 days PRICE QUOTE FI:\M roR~_.60 __ CAYS. BY: Joe a.rm COMPAl.~Y PO lox 5011, 7333 Highway 85, ~ Cicy 1 CO 80022 loOUss 303-287-7401 TELEPHONE . . ...... i ... f •, .. • 0 '32 x l • ITEM NO. 1. 2. 3. • • <, BID PROPOSAL '9.t1Clt IIJCN'?ED nDRACI.l:C LOADD./tlmG' BODY ESTIMATED DESCRIPTION QUANTITY BID PRICE Truck Mounted Hydraulic 1 Loader/Dump Body $ 35 5)1 Parts Manual 1 $ inc Shop Se=vice Manual 1 $ 1ZlC TOTA!. B!D $ JS SI I Estimated date of del:.,,e=y _____ 6"'0._-""'7_.S...,..p,.a.v.._s __________ _ ALL MMDllI. F. 0. B. CITY OF ENGL&-WCOD INVOICING TERMS 2900 South Platte lU.ver Drive Enq1ewood, CO 80110 Set 30 PR!CE QUOTE FIRM FOR __ 9_0_ DAYS. EXCE!?T!ONS: !'lease see attached sales literature and specification sheet. (Note: Truck chassis must have clear !'TO access for Hot Shift '!'TO with direct 110unted Tandem Hvdraulic Pump!) ~rice does not 1.ucluda anv modification for ft~~- BV· 3-ll-97 DATE Salas '4anager TITLE Kois Brothers Equipment Company COMPANY 5200 Colorado Blvd. 1 Comarce,· City, Co. 80022 ADDRESS •· • 0 1 32xl • • • '· COUNCIL COIIIIUNICATION 0... April 21, 1997 10 C iv INITIATED BY STAFF SOURCE ,, Subject Pun:hae of Truck Moun1ed Hydraulic Loader and Dump Body Depar1ment of Public Works Char1el Eslllrty , Director of Public Works COUNCI.. GOAL AND PREVIOUS COUNCH.. ACTION No previous Council action . RECOIIIIENDED ACTION ApprcM. by malan, .. purclWN of a Hydraulic Loadll1Dump Body tom .. NCOrld low bidder. Macdoullld Equipnwlt ca,... BACKGROUND, ANAL YIIS, AND AL TERNATNES IDENTIFIED Two bids were received for replacing the l.oaderlDump Body, one from Kaia Brolhers Equipment in the amount of $35,511 .00, and one from Mllcdcnllld Equipment Company in .. amount of $38,077.00 . This loader/dump body is ICheduled for '9placlrnellt along wllh vWlicla no. 3170, • 1997 Tit Ceb Medium Duty Truck. IMlh Council's approval ID r9PlaCe V9llicla no. 3170 (under•...,... Council Conffl.lnicallon), this loader will be an attachment ID that vWlicla . Accepllrlg ...,... bids 11D r..-. .. loader and V9llicla no. 3170 prOV9d 11D be more coat effllctlve , since NCh piece ii epec!alred. FINANCIAL .. ACT Two bids were received for .. Loedar1Dump Body : Kaia Brothers Equipment Macdonald Equipment Co. $35 ,511 .00 $39 ,077 .00 Funds are available in .. CERF ID aMI' Macdonald Equipmlnt Company's bid ol $38,077 .00 . UST OF ATTACHaNTI Bid Propoeal Tabulallcn Kaia 8rolhers Bid Macdonald Equipment Bid Let1ar of ReocmrnaildaMon 11D ~ • .. •· • ~ "' I\) l • .. . ) l{,I CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEM8(8) -TRUCK MOUNTED HYDRAULIC LOADER/DUMP BODY Bid Opening Date: MARCH 13, 199711:30 A.M. Bidder t lllacDonald Equipment 73UHlghwayU City, Co. 80022 CIIJ, Co. I0022 • J ....... e.u11nnent IF,m C Tl'Ullll !qulplMnt c;a,. Co. I0022 •:·' ··· .. ----?'I'' • i TRUCK MOUNTED I PARTS HYDRAULIC LOADER MANUAL SERVICE MANUAL $31,077.00 NO CHARGE INO CHARGE $31,111.00 INCLUDED I INCLUDED NOBIO NO RESPONSE Remarks/Excepllons NO EXCEPTIONS SEE EXCEPTIONS TRUCK_MOUNTEO_HYOAA...LOADER , .. ;" r I . '; _______________________ , _______________________________ _ • • COUNCIL COMMUNICATION DATE: April 21, 1997 AGENDA ITEM SUBJECT : Temporary Morato- rium on permits and licenses 11 a i INITIATED BY: Neighborhood and Business STAFF SOURCE : Marie Graham, Neigh- Development Office borhood Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; ~~ In 1996, Council committed to providing adequate oppommity for community dialogue on significant community development issues . Consistent with that goal, staff is working closer with residents on neighborhood-related issues . The industrially zoned property affected by this Ordinance is directly adjacent to established residential areas that also experience significant impacts from South Broadway . Assuring residents of compatible land use or development, re- quires that staff study the impacts of diffcrcm kinds of use and development in the defined area and may require changing permitted land uses and/or development standards. This request is consistent with Council's commitment to maintaining or improving the qality of Ufe in the community , and also with creating opportunities for economic deftlopmmt. Prcvjous ~ &lism;. No previous Council action on this particular issue has been considered. RECOMMENDED ACTION; Staff recommends that City Council approve the Ordinance establishing a temporary suspen- sion or moratorium on the issuance of permits and the granting of licenses within the identified area . BACKGROUND, ANALYSIS, AND ALTEBNA'l'IYM IDENTIFIED; At City Council request, staff initiated South Broadway studies in May, 1996. Staff summa- rized the concepts , issues. and strategies for improving South Broadway in the South Broad- way Action Plan (SBAP) 1997 . The concepts. issues and strategies of the SBAP were unani- mously approved by Englewood Planning and Zoning Commission on February 19, 1997 . City Council will consider a resolution to approve the South Broadway Action Plan Concepts, Strategies and Actions at the April 21. 1997 City Coww;il meeting . • . ... I· -------------------~--,·------~------------------- • • • .. In 1997, staff initiated efforts to discover the extenl of eoviroamenlal hazards usociated wilh industrial property in the defined area . Staff requires additional time to complete environ- mental assessments and evaluate appropriate actions. SCaff is also working to locate funding for hazard remediation in case that is required. 2 The proposed Industrial Zoning Montorium Ordinance is necessary to provide time for staff to complete a study of existing and poll:mial land uses on Industrial zoned land bounded by Yale Avenue on the north, Dar1moulb on the south, South Sulla Fe Drive on the West and Dela~ Street on the east. FINANCIAL IMPACT: None LISI' Of A'ITACHMENTS: Bill for Ordinance ........... • .. . ., • 0 'a2xl • ORDINANCE NO. _ SERIES OF 1997 •, '· • • • BY AUTHORITY A BILL FOR AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS AND THE GRANTING OF UCENSES FOR THE P~OPERTY LOCATED BETWEEN YALE ON THE NORTH, DELAWARE ON THE EAST, SANTA FE ON THE WEST AND DARTMOUTH ON THE SOUTH, FOR A PERIOD OF EIGHT MONTHS. WHEREAS, the current zoning for the property located between Yale on the North, Delaware on the East, Santa Fe on the West and Dartmouth on the South, ("property") a description of which is attached u Exhibit 1, is antiquated and needa to be updated; and WHEREAS, the City Council desires staff to punue environmental concerns 1111 well 1111 funding for remediation of any environmental hazarda; and WHEREAS, staff will need sufficient time to review and worlt through the pouible rezoning of the "property" and environmental concerns; and WHEREAS, the Englewood City Council deems it n~ to coordinate the review of the rezoning and environmental research of the "property" and finds it appropriate to ceue permitting and the granting of licen.-until the review and revised zoning bu moved through the planning and zoning proce11; and WHEREAS, the revisions to the zoning will help to protect the public health, safety and welfare within the City's zoning limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;t;jon 1. The Englewood City Council directs City staff to develop appropriate recommendations to Council, within eipt months, to be couiatent with thia Ordinance for the property described in Ellhibit 1 and ahall provide recommendations 1111 to the environmental remediation and zoninc of such property . Sec;t;jon 2 . The Englewood City Council finds the provi1iom of thil Ordinance are temporary in nature and are intended to be replaced by sublequent leplative enactment of the temporary aupemion of the iuuance of pennita and the sranting of licen11e11 1111 to the "property" u lpecified in thia Ordinance which ahall terminate on February 5, 1998. .. •· I ------------~-------------,-~----:---~----------------------..,.........---, • • • l. Publiahed u a Bill for an Ordinance cm the 24th day of April, 1997. Thomas J. Buma, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colondo, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and paued on tint reading on the 21at day of April, 1997. Loucriahia A. Ellia -2- - ' .. • • 0 1 a2 x l • • .. . . ., •· 0 • . (• • COUNCIL COMMUNICATION DATE: April 21, 1997 AGENDA ITEM SUBJECT: Omni Developmcnt and First Data Corp. Business 11 C i (1) & (2) Investment Agrccmcms INITIATED BY: Neighborhood & Business STAFF SOURCE: Art Scibclli, Business Development Department Community Coordinator CQUNCn.. GOAL AND PREVIOUS COUNCn.. ACTION; City Council has established Economic Development and Quality of Life in Englewood as goals. A Council Study Session on January 13 , 1997 was held on this issue. No other fonnal action has been taken. RECOMMENDED ACTION; Staff recommends that City Council review, and approve the business agrccmcms for Omni Development Corp. and First Data Corp. as submitted. BACKGROUND, ANALYSIS, AND ALTERN.A'fll'U JDENDFIIQ; Based on city business investment policies , staff has prepared the following agreements as they apply to Omni Development and First Data Corp . The redevelopment of Hampden Center by Omni Development and First Data Corp . was ini- tially discussed in study session on January 13, 1997 . Please sec attached background memo to City Council dated January 8, 1997 . The agreements for tbcsc two entities arc also at- tached . The Agrccmcnts arc exactly the same as prcscnled at the SlUdy session January 13, 1997 . •. ... •· 0 • . ,. FINANCIAL IMPACT Of REQUFSI'; Omni Development Corp. First Data Corp. • (. Cost to City S 8,750. S 8,750, $17,500. $24,445. $17,500. S 8,750, $50,695. Building llllllerial use tax waiver J .aodscape match Personal property assessment rebate over 4 yean. Use tax personal property Building material use tax waiver Benefit to City: This development is a caralyst for redevelopment of the neighboring area. The city will receive $36,575 in building materials from Omni Development use taxes The initial 138 employees at the facility will provide indirect benefits to the City, including enbanccd sales tax from patronage by employees of local restaurants and other service estab- lisbmenls. LIST QF A]TACHMENTS; • Agreement: First Data Corp. • Agreement: Omni Development • January 8, 1997 Background Memo to Council: re First Data Corp. • Letter from Arapahoe Counly c:onfirmiog COUDly Personal Property Waiver ($47,253) • November 27, 1996 letter from Cily confirmina City commianeou to Finl Data Corp. • December 20, 1996 letter from First Data requestiDa buildin& use tax waiver • January 10, 1997 letter from First Data reqursting equipmenl tax waiver ($167,500 bued on $5 .0 million of equipment) ..,., ... '**3a:::#la ... _,.._.. .......... _.. ..... .,._ ......... 2 •. . ) .. • 0 '32xl • • MEMORANDUM TO: Mayor Thomas J. Bums Members of the Englewood Ciiy Council THROUGH: Doug Clark. City Manager Roben Simpson. D~r of Neighborhood & Business Developmem FROM: Arthur Scibelli. Business Community CoordmmJrfr DATE: January 8, 199i SUBJECT: First Dua Corp./Wes=n Union, Hampden Center Redevelopmem This memo is meant to serve u bacqround for an Economic Oevelopmem proposal fonb.. comiIJg OD the January 20-rqular m=DII qe::ida. For the put four mombs. the otfic: of :Seisfiborbood aad Business DeYelopmem bis main- Qmed a dialope widl lmmDoumai11 Pum. the comaltias &m ,ep.esemma F'mt Om Corp .. a company wbicb bas been camidieriDs srcal loclDrm in die Deaver Mmopolirlll Area for a major data proc:essms facilily. PROPOSAL: The City MDrDey is PffPlrlDI an 111-eemenE for your comideumon ll die January 20-Council mecaD1 ID address die t'ollowizls: 1. Penonal Property Tax rebm over four.year period (mirrors .~ Coumy qree- mem). 2. 811iJdin1 Mareria1s Use Tu Wai~ for buiJdina owne: and leueholder (FDC). 3. Personal Property (eqaipmem) Use Tu Wai,,er. AIQl'l IBI COMPANY; F'im Dua Corp . moved ID Colondo in 1970. Ia Colondo woafotce beam wall raaply 200 employees and bas srowu ID more t!IID 2.000 . Al die liml. First Om. cm of 1111 aiaa's ladina proc:euors of lnllllCtiom. WU a division of Aariclll &pm. II bu ma blcaml • • . .. ., I· • .----~---------------------- • '· S4 billion. indepe:ident public company, whose stDCk is traded on the New Yodc Steck Ex- change. In 1995. First Daa. acquired Weste:n Union in iis merger with First Fmancial Corp., mi has moved Western Union's hcadquarte:s to Colorado. First Dua Corp. has divested money gram -a money order/check proc:ssing facility in Lakewood. BACKGRQL"ND: Hampden Cemer. at 750 West Hampden Avenue. has been me Englewood location UDder con- side:'ation. IDitially. 70,000 square feet of the 156.000 square foot building would be used for Western Union money order reremioniproc:ssing services and iJJcoming customer service phone comm1miQtions. The site is amac:ive to the company for several re:isons : a) Fumre square footage expansion (nationally. the company has a 20" ammal growth rate). b) Location adjacent to redeveloping CiDde:ella City sire. The restauram and service es- tablisbmems proposed are excellent complememary uses for office developmem. c) Location adjacent to the proposed RTD sire. Jus. prior to Thanksgiving, Business Developme:n Coordmaror Art Scibelli and City Manager Doug Clark me: with represem.acives of both Im:moumain Partners and First Dua Corp. Al that time. the Cicy agreed to request a Personai Property Tax (equipment) SO% Rebm .o\ir=- mem from Arapahoe Coumy spuming four yem. The First Dua Corp. was also iDformed that a similar request would be made before the Englewood City Council. Eme:pnse Zone tax credits mi training opportunities were also e.'Ct=ded to the company II this time. (See at· tacbed letter of November 17 to First Dara Corp .) Toe pe:-sonal prope:ty Wt proposal was submic.ed to Arapahoe Coumy and approved. It toClls S4i,253 over four years. The City of Eng!C'Rcod proposal IDClls approximarely 522,000 for the same period. (See proposed qreeme:n.) On De::::nber 20. 1996. a subsequcm request :or relief on buildiDs mmria1 and pe:soaal prope:ty use ta."t was received from First Dm C.>rp. (See December 20, 1996 First Dua Corp . let=.) Firn Dua Corp . proposes to reloc:ue 90 empioyees from me Lakewood !acility. mi add 48 new hires II Hampden Cemer for a tow of 138 aew jobs in Enpwood. The ae=1 for au ad- ditional facility was aigered due to me srowm in me ccmpany's dm proc:essq ml cusmmer service operations in support of iis fast srowiq ;,aymem iDmwDems bulimss. Projeg;d New Him 1997 : 48 1998 : 40 1999: 40 2000 : 40 Tow E;mziovJPCm 138 178 218 248 Euml1 S6.0ZiJ!li $7,lr.'.616 S8.26i.340 $9,4:2.6.58 • •· • • • • <. SqamfooaF: 70,000 iDida1 • E:qwnma Polm:ial over s ,an: 70,000 -80,000 l'ktnJOIJ sq. a. • Tmn of Fim Oma Corp. Lease • Leuebold fmprowmmD Capiral Invesanem by Fim Oma Corp.: • Pmoml Property Eqaipma Capiral IDveslmem: • Hampden Cemr B11ildin& lmptovemms Baildinc Owner: (primarily mmor, arcburical. ml adja:em putma lcxs) 10,an $830,000 S5 ,j()0,000 $2.,590,000 • Prgpmy V1besirnr Im:reued propen:y Vlilmion will result iD c:xpmded p.opetty m teW m the City abr baiJdin& imptofeWf:UIS are complemd. • fmgJ1 fmmliDm: E-q,endi,ttR of payrolls or portions thereof will positively impact Enpnood's economy. • Hemkn ~ V161J5Y: ~ oc::upia iDmaJly 45~ of a major office com- pa Y1C1DE md dem:riormiDs t'or the pm le"leD yem. Reciewlopews resabs iD alwim eem of llbe:sms wilbiD mucmre. Addrnomlly. the ponmal ema u, occupy 1be ea:ire baild-ms . • ~ !sz[ mdCYrJrnDFm gf CiJJIGmDa ~: A sipiflcam capiml iJn;e11mm iD tedevel- opmem of a property adjacent 1D CindereDa City will provide ID impomm cmlyst t'or ID- tidpmd J:ede\.oelopmem at 1be Cmderella Cu:y m. ' _____ .. __ _ 3 •, ... • • 0 1 32xl • • • • «. ARAPAHOE COUNTY COLORADO 5334 South Prince Street• Littleton. Colorado 80166-0001 OFFICE OF THE COUNTY ATTORNEY Kathryn L. Schroeder. County Attorney Honor&Dle Thomas J. Burns, Mayor City of Englewood 3400 South Elati Street Eng l ewood, Colorado 80110-2300 J&nU&-'"Y 27, 1997 Dr. Roscoe Davidson, Superintendent Englewood School District 4101 South Bannock Street Englewood, Colorado 80110 Dear Mayor BU-'"?15 and Dr. David.aon: (303) 795-4639 FAX1 303 ~57 Pursuant to the provisions of Section 30-ll-123 C.R.S., the Bca::i of County Conmisaioners of A:'a;:Ahoe County did enter into an I::icenti ve Payme."lt Ag:'eement with reg&-""ti to Ineegratec Pay,ant Systema, Inc . (a wholly owned aw:sic!iL'"Y of Fir•t Data Corpora- t i on ) , a new buain••• to be located at 750 lfeat Hampden Ave. . As Ht for-h in the attachec agree!IIElt. the County will make an amiual i::icent i ve payment beginning in 1999. As f~her requ!red by ehe abcve-nctec statute, this letter al"..all be the County's notice of t!lis agreement. 1_.4f~~ Joh:: E.Buah, Jr. Adm·:·straeive Depuey Attorney JD /lh xc: Arthur Sci:be lli NU"la:0 'JAi 30 ,gc?/ ' .. ~ 't \ .. ,.,· • 0 f 32xl I r • ·., • .. CITY OF EJGLEWOOD F.mDmCarp. L.::sia !) . Ne:son. Dir=:cr 6200 Saam Que=: Stt= E:lp7aod. co 80111 k was 1 ~ie::sme m=:ng wiih ycu on .be :ilCI:m:i Ji )iovci:e:' 26, 1996 re disc::lss ::rn Om Carp. 's ;,rospe:::±ve iml=st in me City of ~ccc. lS a ,mimss sire. ?.me X assm:d dm tbl ~ offlc: of Bcsi.:m ~ is c:1111111i11ed ID ?4suia& me l'D:::z:ive Psyw A#=m::zt ;oir: 1in1 pcsc1:li ~ m tebms wim me . .\:2plboe Coam:y Commissim::s on r1m Dm Carp . 's bc:al!. ear amc: will a1sc mist in • 11 4 -, 1111 an Sam ot Coiando !:w;,me Zom ::ldil:s dm mt Om Corp is e!!p,le m rer:::iw. P.mlfy. oar ~ will lllis ill 1'lc:fflnrfns m:ziD1 dr.s fer F1m Corp. m::ma in sac m •= Sc::cci l) Carer. n. Bllic P:m.:pits ill a Wacktu1.: Come. md a hi11i 11 m!llldjob scil ~m,,r We !.eek fcrward r:c bavma F:st Dm ~. 111 :a:::i:c of aar bntitws QMifiiiiiliilJ . C; Ea Ciimman ~ Pr.ma me.. Daas Om. ~ Co. Ysnp:r. laac: Simplm. Waaap: ot Nei,i1t1411:t, Qt mi'ibit:w·~ :aa o s:·J "• !.4" s ·,11· ~/d-..tt Ammr Sdbelli Bastmss cc:CcimmirmtY - ' ' .. Fllt'il' ll'.TA COin ~ :!1111U.-'UW J',ft":\iln1 ,-r:n~ Dn:mbc 20. 1996 Aft Sc:IDllli Cl1y of&p,M,od 3400 S. Elm Street E:ialewaod. CO IOll0-2300 DarArt: • • <. I apptec:iam -mppart ami ¥P5'!W C ,OU IDli die City af'E:aplwaod -JX'IMlial ia - prapaal fllil .'9lopmma proja::. As Im baa U >JI I 1, W .. 11m111 llli al nlilf'ila twu S11CCiik rm. Finl. my~ offi:es al rm11 enncied widlpamill. pim lffllW, al 18 tax is sperific:aDy bciaa IGlapt by fDC. Scaad. wilb a paupowd Nilnlary lllllt dal. ••-ia erecfi;•-, a I ·m ia appnc:iced. II is c:mil:al dm ws lllllp tbil •· *1 •cm-* ia aalarw -ij :tiwa Il is imp:..ram fbr dis City m be~ =a FI>C Im llimd a • : , Mar--, Cwa&a:liua. who will ba pnr,idma WIil &mil wark ca csbl:Wf. FDC. • 11111lliilllll crwmr. ia respamibie fur tbis 'MIik a will be impeMPd ~ dll ... mm 1D•iuat, IN'l-1 YourasPc Smme!y . ~D-~ t.mia D. Ncilaa Oircm, Fa:ilily ~ I..'llfla •.:.•• •"""'~• .,,,, .. ,t .. ,., •.. ~•-'~:wo,,11. ,.., •.a:·, • . ' • . 0 • 0 1 32 x l • • ·, • <. - FIRST DATA CORP. ~ iilN 1 S 1997 INTl(;IA ?ID P-'YMENT SYSn.\lS January 10, 1997 Mr. Arthur Scibelli City of Englewood 3400 South E1ati Street Englewood, co 80110-2300 Dear Art: We appreciate your ongoing assistance on bel:!alf of the City of Englewood regarding our project which serves as a redevelopment catalyst in your community . During the build-out of our facility, we will purchase and take possession of approximalely $5.5 million worth of new equipment. FDC is seeking a sales m abmerncm on these purcbucs. Relief is aecessm: y due to the tremendous amount of invesancm FDC is makm& in the buiJdiDa to finish it out for oc:cupancy . We would apprecime you pmsuiDa tbis abatement on our behalf and 5tllld ready to assist you in any way. I look forward to bc:lrina from you and apprecime your anemion to tbis matter. SiDceely, &~~D .f--~L I Leisia D. Nelson Director, Facility Services L'l/ss .... .. • 0 1 32 x l • llBSOLUTION Ncti1 SERIES OF 1997 ·, (. • • 11 t (1) A RESOLUTION AUTHORIZING AN INCENTIVE PAYMENT AGREEMENT BETWEEN THE FIRST DATA CORPORATION AND THE CITY OF ENGLEWOOD FOR FIRST DATA'S NEW BUSINESS FACILITY TO BE LOCATED AT 750 WEST HAMPDEN, IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant t.o the proriaionll olSectiOD 31-15-903, C.R.S., the City baa the authority t.o negotiat.e for incentive paymenta or c:reclita with tupa,en who establish new business facilities or who upand aiating buain-facilities; and WHEREAS, pursuant t.o thia legislation, a City and a tupayer may negotiat.e a contract for an incentive payment or a c:reclit from a City t.o a tupayer relating to the new or expanded business facilities; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sg;tjgn 1. The City Council of the City of Englewood, Colorado hereby authoriw the Incentive Payment Agreement between Fint Data Corporation and the City of Englewood, attached hereto as "Emibit 1". ADOPI'ED AND APPROVED thia 21st day of April, 1997. 'l'bomu J . Burm, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis , City Clerk for the City ol Eqlewood, Colorado, hereby certify the above is a true copy of Reaolutioo No ._, Serita o( 1997. ' ' • . .. • • 0 'a2xl • 0 • EXHIBIT 1 INCENTIVE PAYMENT AGREEMENT This Agreement is entered into by and between the City of Englewood of the County of Arapahoe, State of Colorado (" the City") and Integrated Payment Systems Inc., a Delaware Corporation, a wholly owned subsidiary of First Data Corporation ("Taxpayer"). WHEREAS, pursuant to the provisions of Section 31-15-903, C.R.S., the City has the authority to negotiate for incentive payments or credits with taxpayers who establish new business facilities or who expand existing business facilities; and WHEREAS, pursuant to this legislation, a City and a taxpayer may negotiate a contract for an incentive payment or a credit from a City to a taxpayer relating to the new or expanded business facilities; and WHEREAS, the City and the Taxpayer desire to negotiate such a contract. NOW, THEREFORE, IT IS AGREED by the City of Englewood and the Taxpayer as follows: 1. The Taxpayer will establish a new busineu facility, as defined in Section 39-22- 508.2(3), C.R.S., but excluding the requirements or paragraph (b) of said subsection (3), in the City of Englewood. This new busineBS facility will be located at 750 West Hampden, Englewood, Colorado 80110. The purposes and functions of this new business facility include office facilities, customer service facilities and data processing facilities for check clearing, call-handling and money order records retention services. 2. The Taxpayer shall comply with all of the provisions of Sections 39-5-107 and 39-5- 108, C .R .S., concerning the filing of personal property achedules aBSOciated with the taxable personal property located at or within such new busineu facility and med in connection with the operation of such new busineBS facility. 3. The City shall inform the School Diatrict and County, in which the Taxpayer'• new business facility or expanded busineBS facility ii located, of thia A,reement. The Taxpayer shall be responsible for negotiating aeparate incentive payment agreements with the affected School Diatrict and County. 4. The City shall make an annual incentive payment, to the Taxpayer, which payment shall equal fifty percent (50'il,) of the amount oftuel levied by the City for the City 5. mill levy upon the tuabk IICtlPPAI llll!lllldix located at or within the new buainw facility and used in connection with the operation of such new buaineu facility. Thia incentive payment relates to the tax levied only by the City of Englewood and not to any other tax levied by another tu::ing entity. This incentive payment to the Taxpayer llhall be made by the City OD or about September 1, 1999 and each year thereafter for four (4) year,, provided the Taxpayer has compli..d with the provisiom ofSectiom 39-6-107 and 39-6-108 C .R.S ., and provided the Taxpayer bu paid and ii therefore not delinquent in the payment of itl property taxes . (See Exhibit A) I· 0 • • • 6. The City shall provide a rebate t.o First Data Corp. in the amount of $8,750.00 for use tues paid by First Data Corp. for building materiala. 7. The City shall waive or rebate a muimum of$17,500.00 in sales/use tu on equipment purchased for the 750 Hampden Center location. The City sales/use tax on equipment is 3.5%. 8. Prior to any payment, the Tupayer aball invoice the City for the incentive payment and provide the City with any documentation deemed neceuary by the City to meet the requirement. of this Agreement. 9 . If the Taypayer lhould fail t.o meet ita capital inveatment obligatiCll18 Nt forth in Exhibit A during any period of the .Alr-ent the Tupayer aball reimburse the City for all amount. it bu benefited muler this Agreement. 10. The Tupayer aball not aaaign or transfer ita interest in this Agreement without the written consent of the City. Any unauthorized auipment or transfer shall render this Agreement null, void and of not effect u to the City. 11 . Thia Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties hereto. 12. Either party may terminate this .Alr-ent with or without aood cauae abown upon 30 days written notice t.o the other party prior t.o termination. In the event of termination by the City, no damapa, liquidated er otherwiae, lball inure t.o the benefit of the Tal[payer. 13. Unless otherwise a,n,ed in writing, this ~t and the interpretation thereof shall be governed by the lawa af the State al Colondo. 14. Should any provision of this Acr-t be determiDecl by a court al compet.eot juriadic:tion t.o be uncomt.itutioaa er otherwise null and void, it is the int.mt of the partiea hereto that the rem•inin1 pao+laiuw al this ~t llball be al full force and effect. 15. Notices to be provided under this Acr-t ahall be pven in writing wither by band delivery, or depoaited in the United Stat. mail, certified mail, return ,-jpt requested, with aufflcient poatap, to the foUowina peraona: City of Encl-ood Attn: City Manapr 3400 South Elm Street Enet-ood. Colorado 80110 -3 - First Data Corporation Attn: Leiaia D. Nei- 8200 South Qullbac Encl~.Colondo 80111 .. • • • •• 16. TIWI Agreement repl'8Mllt.l tbe entire and int.egrat.ed agreement between tbe partiee and aupenedee all prior negotiatiom and representatiom whether written or oral. Nothing herein shall be deemed t.o create any contractual relationship, either expl'91111 or implied, between and any other coaaultant or contractor or material supplier t.o the City of Englewood. Nothing herein aball be deemed t.o give anyone not a party t.o tbia Agreement any right of action apiut a party which doM not otbswiN mat without reprd t.o this Apeement. ATTEST: FIRST DATA CORPORATION By: ___________ _ Title: ATTEST : CITY OF ENGLEWOOD By: ___________ _ Loucriabia A. Ellia, City Clark -4- .. • . ' • • '· EXHIBIT "A" FIRSI' DATA CORPORATION INCENTIVE -50 PERCENT DEDUCTION IN PERSONAL PROPERTY TAX CAPITAL Y1!Aa ACTUAL ASSESS TAXABLE "MILi. TAXES INCEN'l1VI! lNVl!S1Ml!NT VALUE ltATI! VALUE LEVY DUE OIVl!N I S,.Dl,000 2H Sl,'95,000 7.663 Sll.222 •• Ill 111/W 2 S,.DIOOO 2H SI '95 000 7.663 Sil.,.,., •m 3 ss-ooo 2K SI '95000 7.663 Sil.,.,., •m 4 s, -ooo 29S s1-ooo 7 .663 Sil.,.,., •m ............. 9/l/211t12 --$2,590,000 by buildq- (llaildias .... rior ---c:hllliclJ im--, SIJ0,0001,y Fira DIii Corp. ( ............ ) S,,,00,000- ~Fira 1>111r-. a .9JO.OOO "llued .., 1997 mill levy • 0 • '32xl • RESOLUTION NO.@ SERIES OF 1997 • • A RESOLUTION AUTHORIZING AN INCENTIVE PAYMENT AGRRRIIRNT BETWEEN OMNI DEVELOPMENT CORPORATION AND THE CITY OF ENGLEWOOD FOR OMNI DEVELOPMENT CORPORATION'S NEW BUSINESS FACILITY TO BE LOCATED AT 750 WEST HAMPDEN, IN THE CITY OF ENGLEWOOD, COLORADO. 11 C 1 (2) WHEREAS, pursuant tot.be proviliom of Section 31-15-903, C.R.S., the City bu the authority to necotiate for incentive paymmta or credita with tupa:,en who establish new business facilities or who upand matinf buaineu facilities; and WHEREAS, punuant to this legislation, a City and a taxpayer may negotiate a contract for an incentive payment or a credit from a City to a taxpayer relating to t.be new or expanded business facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1. The City Council oft.be City of Enp,wood, Colorado hereby authorizes t.be Incentive Payment Agreement between Omni Development Corporation and the City of Englewood, attached hereto u "Emibit l". ADOPTED AND APPROVED t.bia 21st day of April, 1997. Thomu J . Suma, Mayor ATTEST : Loucriahia A. Ellis, City Clerk 1, Louc:riahia A. Ellis, City Clerk for t.be City of Eqlewood, Colorado, hereby certify t.be above ill a t1'Ue copy of Reaolution No ._ Sen.. of 1997. .. •· 0 1 32xl • • • EXWBIT 1 INCENTIVE PAYMENT AGREEMENT This Agreement is entered into by and between the City of Englewood of the County of Arapahoe, State of Colorado (" the City") and Omni Development Corporation ("Ta:i:payer"). WHEREAS, pursuant to the provisions of Section 31-15-903, C.R.S ., the City has the authority to negotiate for incentive payments or credits with tupayers who establish new business facilities or who e:i:pand e:i:isting business facilities; and WHEREAS, pursuant t.o this legislation, a City and a ta:i:payer may negotiate a contract for an incentive payment or a credit from a City to a tupayer relating to the new or e:i:panded business facilities ; and WHEREAS, the City and the Ta:i:payer desire to negotiate such a contract. NOW , THEREFORE, IT IS AGREED by the City of Englewood and the Ta:i:payer as follows : I. The Ta:i:payer will establish a new business facility, as defined in Section 39-22- 508.2(3), C .R.S ., but e:i:cluding the requirements or paragraph (b) of said subsection (3 ), in the City of Enclewood . Thia new business facility will be locat.ed at 750 West Hampden, Englewood, Colorado 80110. The purpoees and functions of this new business facility include office facilities, customer service facilities and data processing facilities for check clearing, call-handling and money order records retention services . 2 . The City shall inform the School District and County, in which the Ta:i:payer's new business facility or e:i:panded business facility is locat.ed, of this Agreement. The Ta:i:payer ahaU be responsible for negotiating separate incentive payment agreements with the affected School District and County . 3 . The City shall provide a rebate to Omni Development Corporation in the amount of $8 ,750 .00 for use taxes paid by Omni Development Corporation for building materials . 4 . The City shall match funding for qualified e:i:terior landacapinglviaual improvements up to a muimum of $8,750.00. Qualified uterior landacapini visual improvement. include ornamental atreet light., shade a-, ahruba, living IJ"OUDd cover, rock cover/mulch, irrigation equipment and benchea . Prior to any match payment the Ta:i:payer ahaU provide the City with a landacape plan sufficiently detailed to outline the proposed improvement.. Invoices ahaU also be submitted that reques t funding for landscaping per the approved plan . 5 . 6 . The Ta:i:payer ahaU not uaicn or transfer ita interest in this A,reement without the written consent of the City. Any unauthori:i:ed uaipment or tranafer ahall reader this A(reement null, void and of no effect u to the City. Thia Agreement ma y not be modified , amended or atberwiae altered unleu mutually a,reed upon in writing by the partiea hereto . • . ... I· • .. • ·, • •. 7. Either party may terminate this Agreement with or without good cause shown upon 30 days written notice t.o the other party prior t.o terminatioo. In the event of termination by the City, no damages, liquidat.ed or otherwise, shall inure t.o the benefit of the Taxpayer. 8. Unleu othenriae agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. 9. Should any proviaioo of this Agreement be determined by a court of competent juriadiction t.o be unconstitutional or othenriae nail and void, it ia the intent of the parties hereto that the remaining proviaillll8 of this Ael-t shall be of fall force and effect. 10. Notices t.o be provided under this Agreement shall be lffllD in writing wither by hand delivery, or depoeited in the Unit.eel States mail, certified mail, retum receipt request.eel, with sufficient poetage, to the following s--a: City of Englewood Attn: City Manager 3400 South Elati Street Englewood, Colorado 80110 Omni Development Corporation Attn: Dennis L. Witte 770 Weat Hampdea -Suite 200 Enclewood. Colorado 80111 11. Thia Agreement ~ta the entire and intesrat-1 acr-ent between the parties and aupenedes all prior negotiations and rewx-tatillll8 whether written or oral. Nothing herein shall be deemed t.o create any contractual relatiomhip, either upreu or implied, between and any other couultant or contnctor or mat.erial aupplier t.o the City of Englewood. Nothing herein shall be dNmed t.o pve anyone not a party t.o this Agreement any right of actiOll apinat a party which does not othenriN mat without regard to this Aer-t. ATTEST : ATTEST : Loucriahia A. Ellia, City Clerk OIINI DEVELOPMENT CORPORATION By:------------- Title: ------------ CITY OF ENGLEWOOD Tbomu J. Burm, lla:,or 2 .. ------------------------.,---------\,------------------.,---- • 0 - CQUNCU. COMMUNICATION RECOMMENDED ACTION; Staff recommends that City Council accept the recommendation of the Planning and Zoning Commission and approve South Broadway Concepts, Strategics and Actions by resolution. SUMMARY AND BACKGROUND; Summary City Council directed staff to study South Broadway in Spring, 1996. Staff learned from mer- chants and residents that they arc concerned with negative impacts of some businesses and with the quality of life in neighborhoods near South Broadway. The South Broadway Action Plan identified issues and priorities . The documcm is summarized . Once the Concepts, Sttategics and Actions arc approved by City Council, staff will begin to bring forward proposals imple- menting the Plan . Background 1bc South Broadway Concepts, Sttatcgics and Actions provide a three to five year work pro- gram for improving South Broadway in Englewood. While Englewood has a leadership role in the redevelopment process, implementing the Plan also requires suppon from the community. Staff worked closely with the community to develop the Concepts, identify and prioritize the issues, and to plan actions addressing community issues. Based on significant and continuing community panicipation from informal meetings in 1996 and throughout three traditional pub- lic hearings in 1997 staff has worked to be responsive to stakeholder groups. Staff believes that the resulting Action Plan is balanced and practical. By identifying actions in the Plan and working to implement them over the next several years we have bodt organized the work and provided the community with benchmarks to measure the progress of Englewood's revitaliza- tion efforts . •. ... 0 • . " •, • - The South Broadway Action Plan expands on the vision of Englewood's 1979 Comprehensive Plan that identified the potential for revitalization of the Downtown portion of Broadway. The South Broadway Action Plan 1997 suggests creating three new districts each with a unique identity but also including clements unifying all of the Englewood districts. The Plan recom- mends creation of developmem standards that conttibute to area character as well as enforcing existing rcgulatiom equitably and working with businesses to mitigate their impacts on adjacent businesses and residences to improve South Broadway . Legal Review The City Aaomey's Office Im aamded the meetings and reviewed the draft South Broadway Action Plan. Planning Commission Action Englewood's Planning and Zoning Commission acceplM public comments OD the Plan during three public bearings, provided direction to staff, and reviewed each of three successive drafts of the South Broadway Action Plan. After considering the testimony and reading the revised South Broadway Action Plan, the Commission unanimously approved the Plan. FINANCIAL IMPACT; The South Broadway Action Plan: Concepts, Strategies, and Actions itself bas no financial im- pact. The Plan is a policy document that guides other actions that could have fulUre financial implications . These fulUre implications require an on-going commmity dilcussion each Action step . Installing pedestrian amenities, constructing landscaped medians, developing civic fea- tures, and providing teclmical assistance for facade renovations would all have financial im- pact. There are also on-going financial impacts with assigning staff to the South Broadway Ac- tion Plan activities such u encouraging business associations and alb'ICting neighborhood serving businesses. lmplemenration of Broadway activities will depend on Council's and the community's willingness to make three to five year commi1Jnenls to implememins the idemi- fied activities . A'ITACHMENTS; Bill for Ordinance Findings of Fact Staff Repon Case I Planning Conunission Minutes Correspondence ', . I .. • RESOLUTION N0.4. SERIES OF 1997 .. ,,. • • A RESOLUTION APPROVING THE "SOUTH BKOADWAY ACl'ION PLAN OF 199T AS AN AMENDMENT TO THE MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "THE 1979 COMPREHENSIVE PLAN (MASTER PLAN)". WHEREAS, Article vm, Part II, Section 58, of the City of Englewood Home Rule Charter, requires the Planning and Zoninc CommueiOD of the City of Englewood to prepare and submit to the City Council of the City ofEn,lewood, for Council's approval, a Muter Plan and current modificatiom thereof, for the pbyaical development of the City of En,lewoocl; and WHEREAS, the Englewood City Council r-:npi-the importance of the South Broadway commercial corridor to the eccmomic bealth and community pride of Englewood; and WHEREAS, Englewood encourages busin-and neipborbooda to participate in revitalizing South Broadway and in that effort conducted a Nri• of meetinp in which neighborhoods and busineaaea contributed their ideas, augpatiom and support for revitalizing South Broadway; and WHEREAS, the Planning Commission bu held public hearings upon the South Broadway Action Plan of 1997; and WHEREAS, South Broadway Action Plan of 1997 policiN are conaiatent with the Comprehensive Plan for the City of Englewood; and WHEREAS, the Planning and Zoninc CommiuiOD of the City of Englewood bu approved and adopted the hereinabove referred to South Broadway ActiOD Plan of 1997 and submits the same to the City Council for approval; and WHEREAS, this ia a tint step to enable the City to amend the Compnbemive Zanini Ordinance for the South Broadway Corridor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the concepa, mat.eciea and actiona, u defined in the South Broadway ActiOD Plan of 1997, attached hereto u Emibit A. are appwed and adopted u an amendment to "The 1979 Comprehenaive Plan (Muter Plan)." ADOPI'ED AND APPROVED tbia 21at day of April, 1997. 1bomu J. Buma, Mayor ATTEST : Loucriahia A. Ellia, City Clerk . ( • . • •· 0 1-------------------------~-.,.,r------=----------~-------------.,...... ...... - • • ·~ • I, Loucriabia A. Ellis, City Clerk for the City of Englewood, Colandb, hereby certify the above ia a true copy of Reeolution No ._, Seri• of 1997. - • ' , •, .. • 0 'a2xl • ·;----------------------- • •, - SOUTH BROADWAY ACTION PLAN Coaceptl, Stnfelies & Actions Scaff is transmitting a summary of die main concep15, sntegies and actions for City Council review and approval. This draft summary coolains revisions based on die most recent mfflings widl Sllkeholcler aroups such • die Chamber of Commerce. business groups and residems which participlled in developing die Plan. 1bae coacepa. Sll'llqies, and actions an die subllaace of the Plan which aff'pr-.d 1D die Enpewood Plmnin& al Zaaing Commission for their endorsement of the Soulh Broadway Action Plan. The Plmmina al Zonia& c-ission approved tbe South Broadway Action Plan Conc:ep15. Stn11egies and Actions unanimously on February 19, 1997 at tbe c:oaclusion of three public hearings on the maner. Coacepll are tbe big-picture ideas for revitalizing Broadway . Stnlelie9 are the sugested approaches to revitali- Zlllion. Actiou are specific. prioritized activities initiated by staff. residents or business groups. Actions wiU often involve Sllkeholder groups and that may , evenlllally. require inclusion in capital funding budgets. CONCEPJS • Creme ~ new regionally identifiable commercial disuicts ( /.1UJJ) • Improve building and property appearances and increase building and property maintenance • Unify and beautify the corridor and create unique districts using Urban Design principles • Clarify land use standards and reduce advene lllld use impaas • Improve real and perceived safely for South Broadway businesses and paaons • Develop pedesuian amenities and reduce vehicle and pedestrian conflicts • Improve pedestrian connections 10 South Broadway from nearby employment and retail centers • Assist businesses in creating associations for marketing, main1e11111ce appeanmce and safety • Review parking requirements and oppor11111ities for providing additional convenient parkin& • Encourage compatible neighborhood-serving businesses • Address neighborhood and housin1 issues in separate plan STRATEGIES • Compatibility I. Acknowledge that Englewood·s 1979 Comprehensive P!an established the aoaJ ofmaintaiaiq the resi- dential neighborhoods as the comersione of the community . 2. Encourage job and housing variety 3. Revise land use education and enforcement sniegies 4. Encourage neiahborhood-serving and neighborhood compatible businesses S. Develop niche marketin& opportunities • Communication I . Increase opponunities for citizen imfflc:tion with City Officials and aft' 2. Develop responsive customer service request propmis 3. Suppon business associations and commercial disaiCI identity and nmlterina plans a t A I • .,~------~---------------..-- • • • Community Pride l. Identify and market dlree -• dilliDct c:omumm1 clilll'iclS 2. Enhance landamk femlres. civic ..--. City lllll'YI 111d major ia:daWbDLS 3. Creale mnual public eYIIIIS far Broldway 4. Develop community mcpecllrion• of improved property IIIUIIIIIIDCe • Transportation I. Improve sidewalks, led& apiaa. llld lipliDa aa raulm ID maby cammmml nodes 2. Repair or CClllllnlCt •· •• pedlllDia r.:ililiel almla Broldway 3. Improve bul 11ap facililill llld -·--4. Provide appropriae patilla • Economy I . MaiDllin Enpwood • a ftdl ,-ice cmuammy 2. Support busiDesl Yilllity 111d varwcy 3. Auna neipbortlood serviq buliDeaes 4. Upgrade ll'IIISitional uses and renova or replace dellrionled saucmres S. Encouraae a balance of c:ommen:ial uses refteaiq neipborilood needs • Urban Design I . Creaae "a sense of place" far SoUlb Broadway and c:rma dllip llleles far dlree new dilll'ica 2. Improve visual aspedl of Broadway illcludiq sueet llld pedalriaa lipaq. sipl. laadlCapina 111d public amenities - 2 ' . -I . ' .. • 0 1 32xl • ,. . , .. • ,. April 7, 1997 Soudi Broadway Adion Pim DRAFT #3 South Broadway Activity Table Introduction The Action Table moves die Soulh Broadway AclioD Plan from coacepc ID reality. It is a list of actions desiped ID meet die aoaI of COWIIAl.ial inilalizalioa of die South Broadway Corridor. The Table is divided imo six plan eJeme•s wbich are tbemes de- rived from South Broadway issues idenrificd during die public participation phase of die Corridor smdy . Public panicipalioD iacluded resident ml businesa opinion surveys, focus groups, COIIIIDUDily forums, ml public beuinp. Actions are listed by first. second ml third priority. Fll'St priority actions are urgent measures initiared to addms issues of COllillllliUt1 mbilimion. Second priorities are important supporting actions. And third priority actions are 51q11 comributin& to die Plan's overall goal of revi1:alimion. This rlllkinl does not mean oae action is more important than another . The actions are OIJ80ing and they ow:rlap time, CllegOries, agencies, and participams. The Activity Table is a guide for puaing die Sourh Broadway Action Plan into action. As a guide, it is not all inclusive and die actions are open to change. It is designed as a reference so that over time die community can gauge die progress of Englewood's re- vitalization and adjustmems can be addressed. L•;;at..._...; ... .......,_ ............. • .. l • • ) • Soulh Broadway Actions ,. 8 C D E F Pl.AN ELEMENT ACTION ACTION PRIORITY 1 TYPE f f j 1!~~ 1! ~ 2 E. J 4 ,. .. _ Revise zoning ordinance lo support I lr9COIMl8lldallon ol lhll Dian s . iue-,p recommendation, for hours of I IDDerallon lor unsluled labor halls S.R . iue-'P land -rec:ommendalionl lor ol paM'lshop and unaluled 1 labor ha Wllh S,R . Develop and llrenglhen Code I "nlofcemenl llrllleglea S,R . -ueva,p recommendallon1 rega,dlng • molal& s . Review S Broadway massage parlor 11 --s . 11 1Z ,,_ .... ~ ,·, lt .1.~ ,orum1 for regular cilizen/Cily u -s . --14 DeYllloo cuslomef l8fVICII oroaram s . 11 Perlorm CUSIOmef l8fVICII aurvev s . ---11 IOCl'-IIOlice -s . 1Expana Clly oulreacn 17 •llort• s . -""5fal inlormalion klosl<I al key 11 iedullnan ;K>dota CIP . 11 Dewlloo dislncl Klanblv plans s----. • 1J11YN10 dialrld ldenlilY campaign S,COM . 11 n ~ ... n IICOndUCI ~ tenure ........ 5 . Page 1 , • • 0 G H I I J K L IIINIO City of Englewood .., e t 11 I i 1 ~ ! 2'u ]J .., l. E -r ~~ 0 !' I lj ,~ !J I~ In ... . . . . . . . . . . . . . -. . . . . . ll .. , .... . . . . . . . . . - . . . . . . . ----. . . . . . '" . P Q R ~ ! J ~ i . . . . . . . . . . . . . . . . I I 8 T u Citizen, :I i I BJ 8 " .I(~ ~ :r: ~ I~ ~8 ·-·-· . . . . r I 0 ~ . , • • I ~ <,.) N 1 2 24 H 21 17 • a • Jt u u M • • 31 • • .. •t ti a .. .. • . , Soulh Broadway Acliona A a C D E F 0 H I I J I K ILIMINIO P QR PLAN ELEIENT ACTION ACTION PRIORITY City of Englewood TYPE ol J t • I I t ·i I ti ! l ~ ! j Ji ol . i ! f J J ,I lli' 1 I Iii.~ ,., ~ ~ -~~ 0 J I~ !i r.ondud hot.-io neec1a ........ s . . peveiop hauling Hlhablownerahip --· s . . -S,COM . . peveiop Nelghbomood -tor S,COM . . . . . . . . ~--., IHldenlial and b111inna S,COM . . organize rNldenllel and bullnela aea, ,nmnrema S,COM . . . Eatablltl lnl lme ~ -s . . -Per1'1Maler....i s . . _ .. crime -· S,COM . . . . . . . . . . . . peveiop prowaM liir -• IMIUI, -. concerte cMc ac:llvliN S,COM . . . . ----ln,uiiiiv S.COM . . . code •lbcemMI s . . . 1.~.i-C..: · .... "' ., ... jl .,1 ,1 ,. ~ .~i ,.;''' :Y ...... ~~tor llgllll rail , .... corndor s . . . . , ... ,,-...... Plan s . . . . . . ~evlew lraftic callmlna 111r-s . . . . R-dl cul de UC ol llrNII s . . . . _OYll ........... 1nn ......... s . . . . ----CIP . . lnslal bul lhellers II kev lrlllll IIOOI CIP . . . . R-COTIP recommendllllon s . . . . . ' .,._, narlllna dlllrlcls s . . . . . 1na1a11 AOA curb ait1 and ,...,... CIP . . . Page2 .,, , . \ 8 T u Citizen• :I i I ~I E !] lL~ I . . . . . . . I • • r . . . '; . . • • 2 41 •• • 11 12 ii .. II II 17 ii • • 11 12 13 .. .. • 0 A a Pl.AN ELEIENT ACTION !_~" {. • ~valu• blcyde roulel -11c111w• improvemenll = parking raqunmem lor !Continue landlcaped median project iacuh of Cl f'flllTM* t:nlerpriM Zone •xpenalOn Develop programs lor compllmentaly lt,uenaamix rrm-economic development ~-IO allracl rwwirlllllln exllllng n.-,, p,ograma liii tec:hnlcel lralr*tg ISludv lncrNllna bullnna zone deolh r-aa-~wvlng ~ ... bakery, Video . !Aarect lhopplnglretail opportunilie1 for ... dolhlng, fumtlure bulinNI alOCielionl Eltablilh Buline11 lmprovemenl Oillndl !Mart<et Gal-y, Midway and Molorwa, la•~ Dlalnct1 IConcb:t holel/molel .... ,ament j5uppOl1 redevelopment of the Golhic Thealer a a communlly r-ce IFocu1 MIio bulinelle1 lo Midway end Oiatncta South Broadway AcllOlll C IDIEIFIOI H J K ILIIIINl<>TP~ I ITI U ACTION I PRIORITY TYPE City of Englewood Citizen• . J ~ . !I! 3i! . B; f ·f 1:I~ ~ IJ oO E ~ l;II 5 I IH ~ JJ!i Ji H HI H t sH H s CIP R CIP R,S R,S R,S i R s s s R.COM S,COM s s s I _.. _ ~ I ·,r .ii.t-"' ' '-'-. F-l-l-'-l-l-'-'71-1 I I I I I I '1-1-1~1--f I 11111111 II I Page3 ~ r I 0 .. • ~ w "' X 1 2 17 .. u 11 71 n n 74 71 JI 11 11 11 • 11 a u 14 • • If A • PLAN ELEIENT ACTION ~ planoog and rldevelclpnw1I of .. 0.-al Iron Wofkl -c:omplllible lwlll and .......... 1-.nlrN ... - Ravlew....,code ll)a......,---dllsld demonalrallan blDcll 1-..ip llrNhCape lllnlln M*lily -· IIAo...., llrNllcape --1JeV91Dp and 1111111e1 bullclng raca --., __ ,.,. ~corridor- ~ ordlnlnce medlanl _. of us -__ ...... R~ allemallve _. Malrily -c:ivlc ....._ on--~---,_"""""' .. • ~ ...... --Eaplore undergrOunllng °' ~ ~- • • " 0 Scuh Broadway Adiana C DI EI F ACTION PRIORITY TYPE I ' 1 ... 111J ,J j I s . S ,R . S ,R . S,R . s . . s . S ,R . s . S.R . S ,R . S,R . S ,CIP . S,CIP . S,R . S,CIP . CIP . . CIP . s . CIP . Page4 01 H I I I I a t ~ w~i . . . . . . . . . . . . . . . . . . . . . . J I K ILIIIINIOIPIQIR I ITI U City of Englewood Citizen, ! ].i ! I j Ji ! I '1 .. 8 ' i f j j i ~ ,t !i I :c In j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l!IIIAP __ , , r • I . 1 . . 0 • • May 5, 1997 Regular City Council Meeting • . • ..