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Home My WebLink About1997-03-03 (Regular) Meeting Agenda• • REGULAR CITY COUNCIL MEETING MARCH 3, 1997 • • • • (. ORDINANCE t ~~16, 17, 18, 19, 20, 21, 22 R£SOLUTI0N t~~40, 41, 42, 43, 44, 45, 46 ,. • .. 0 • I· 0 ---------------------------c • - • • • . . ENGLEWOOD CITY COUNCIL ENGLEWOOD, AllAPAHOI. COUNTY, COLORADO Mardi J, 19'7 I . CallteOrder The rqular meeting or the Englewood City Council was called to order by Mayor Bums at 7 :42 p.m. 2. la..adaa The ilMlc:alion was gm:a by Council Member Wiggins. 3. fWlt.,AIJe&I- The Plcqe al Allcgiance was led by Mayor Bums. 4 . ...Call Present : Council Members Clapp, Wiggins. Habenicht. Vonnittag. Wagoner, Bums Ablcnl: None A quorum was pracnl. AIIO pracnt: City Ma-,er Clark City Abonley Broa- City Clcrt Ellis Director Ellaty, Public Worts 1c1crt ·1 note : The Di&trict t Council scat is vacan1 due to the natl crlCouncit Member Hadlllway by a ~ty crlthe wtc at the Januuy 14, 1997 Rccall Elcclioa .l 5. Mi.ta (a) COUNCIL MEMBER WIGGINS MOVED, AND ff WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MD11JIIG OP ftaRUAllY IS. 1"7. Motion carried. Ayes : Council Members Vonnittag. Wigias, Halaic:ht, Wagoner, Clapp, Bums Nays : None 6. Sclleduled Viliton There were no scheduled visilors. 1bcrc were no DOIHChcdulcd ,1si1ors . • , ------~---------------------.~----------.--------..,.-------------- • • • Enclcwood City CINlncil March J, 1997 Pagel 8 . c-••nications, Proclamatio111 and Appol•t-ta (a) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET DONNELL CURLEY'S U:Tl'ER OF RESIGNATION FROM THE ENGLEWOOD CULTURAL ARTS COMMISSION. Ayes : Council Members Vormittag, Wiggins, Habenicht, Waggonec, Clapp. Bums Nays : None Motion carried . (b) COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET STEVE MULIII.RN'S LI.Tl'ER OF RESIGNATION FROM THI. ENGLEWOOD HOUSING AUTHORITY. Motion carried . Ayes : Council Members Vonnittag. Wiggins, Habenicht, Waggonec, Clapp, B!lfllS Nays : None Mayor Bums staled lhal Mr. Mulhern was an cxcellcnl member and wc wish wc toUld have kept him, but with his job it was just not possible . Council Member Vorminag noted lhal they miss him on the Urban Renewal Authority also, that he was very good . 9. Pllblic Heari•& No public hearing was scheduled before Council. MAYOR BURNS REMOVED AGENDA ITEM II (a)(") FROM THE CONSENT AGENDA. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO Al'PllOVI. CONSENT AGENDA ITEMS 10 (a) (I), (H), (iii), (Iv) aN (v) ON FOIST READING. (a) AppRM: on First Reading (i) COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AMENDING TJ11.E S, OF THE ENGLEWOOD MUNICIPAL CODE 198S WlllJ THE ADDITION OF A NEW CHAPTER 19. E""1TLED DIRECT SELLING LICENSES AND ITINERANT VENDORS LICENSES AND WHICH REMOVES DIRECT SELLERS AND ITINERANT VENDORS FROM ORDINANCE NO . 25. SERIES OF 1996 AND COUNCIL BILL NO. 11 . SERIES OF 1997. WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD . COLORADO . (ii) COUNCIL BILL NO . 18. INTRODUCED BY COUNCIL MEMBER VORMITTAG .. I· 0 , • • • (, .... Englewood City C1N1adl Man:h 3, 1997 Pagel A BILL FOR AN ORDINANCE AMENDING TITI..E I, CHAPTER 8, BY 1llE CREATION OF TWO NEW SECTIONS 7 AND 8, OF 1llE ENGLEWOOD MUNICIPAL CODE 198S , REQUlRJNG AFFlDA VIT OF INTENT FOR WRITE-IN CANDIDATES AND ALLOWING CITY COUNCIL, BY RESOLtmON. TO CANCEL AN ELECTION lF THERE ARE NOT MORE CANDIDATES 1HAN OFFICES TO BE FILLED AT SUCH ELECTION . (iii) COUNCIL BILL NO . IS, INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AU11iORIZING AN EASEMENT AGREEMENT FOR THE CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH 1llE PROPERTY AT 8JS WEST QUINCY AVENUE. {iv) COUNCIL BILL NO . 17. INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE AtmlORIZlNG AN OIL AND GAS LEASE BETWEEN THE LITTLETON/ENGLEWOOD WASTEWATER TREA1MENT PLANT AND J. MICHAEL McGHEE . (v) COUNCIL BIU. NO . 10, INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE APPROVING THE PURCHASE OF A PARCEL OF LAND. A PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALONG WEST OXFORD A VENUE BY THE COLORADO DEPAR1MENT OF TRANSPORTATION FOR THE CONSlllUCTION OF STATE HIGHWAY 8S (NATCHES COURT FRONTAGE ROAD). Mocion carried. considered. Ayes : Council Members Vormittag, Wiggins, Habalicht. Wagoner, Clapp, Bums Nays: None (vi) A n:solulion cstablishin31hc annual salary for lhe Cily Manager was The resolution was assigned a number and rad by lillc: RESOLtmON NO . 38, SERIES OF 1997 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPIIOVE AGENDA ITEM 10 {a) (vi) -RESOLUTION NO. 31, SERIES OF 1"7. Ayes : CINlncil Mcmbcn Vormillag. Wiggins, Habenicht. Wagoner, Bums Nays : CINlncil Member Clapp Motion carried. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPIIOVE CONSENT AGENDA ITEMS 10 (II) (I) 11N (II) ON SECOND READING. .. •· 0 'a2 x ------------------~-----------,·----------------------------------- • Englewood City Council March 3, 1997 Page4 •. (b) Approve on Second Reading • • (i) ORDINANCE NO . 13, SERIES OF 1997 (COUNCIL BILL NO . 11, INTRODUCED BY COUNCIL MEMBER WAGOONER) AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDlTlONAL PERIOD OF FOUR MONTHS . (ii) ORDINANCE NO . 14, SERIES OF 1997 (COUNCIL BILL NO . 13, INTRODUCED BY COUNCIL MEMBER VORMITT AG) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION I, SUBSECTION D, OF THE ENGLEWOOD MUNICIPAL CODE 198S . Vote n!111lt1: Motion carried. Ayes : Council Members Vonniltag, Wiggins, Habo:nicht, Waggoner, Clapp, Bums Nays: None 11. Ordi•aKa, Raallltioa1 ud MolioM (a) Approve on First Reading (i) Dircaor Eslcrty prcseakld a ftlCDlllmcndalion from the Department of Public Worts to adopt a bill for an ordinance forming a Conm:lc Utility, and rccommcnding the letting ofa public hearing to receive citw:n input on April 7. 1997. He staled tur it n:mains the raponsibiiity or C\'CI')' property owner 10 mainlain the CIODCl'Cle au1II. gutters and sidcwalb thal an: ~ IO their propcniel. Mr. Eacrly cxplaillCld tur lhc City Im hillOrically bcell 1>e111 •llillk for croa pus, c:ioacn:u alleys and alley CIIIJallCCS . He advilCII thal lhc CollcrClte Utility will pnMde a conc:rete ,q,lrmt savings plan and a paymenl plan that is rdauvdy IXIIMilUCIII for die propcrly CM'IICl'S IO -. using the water S)'SICIII billing. A ponion of the recs for ooacn:sc on comer propenies would be exempted and this onlinana: places that e_...,iion • 70%. Council Member Waggoner asked if that excmplion is for the side Sll'CCI only. Dircctor Esterly staled that it is jus1 for the side Sll'CCI on comcr properties. Council Member Habenicht asked if lhc City will lihale in the Clllla of the CIIIIICfflC in front or the home or is it jusl if they an: pan or the utility then it is a 11\'Ulp plaa . Dueclor Ellaty IIIIIOd he is a liulc oonfUlcd as that sounds like two dilfcrmt ques1ions . Ms. Hahcnichl said lhcn -•he first one, will the City be paying for pan or the maintenance or the cocicmc in fron1 of the n:sidcncc . Mr. Estcrty Slated the City would continue 10 pay for maintenance oftlic concrete on curt, n:sums. would continue IO maintain and rcplaa: or provide in the first plaa:. handicapped ramps at comers. would continue IO maintain alley entrances that arc concrete and would continue to repair. replace and install concn:se cross pans, which arc drainage structures going across from one comer Ill another . Council Member Habenicht asked if there is any shared Clllla between the City and the propcr1y owner on residential sidewalks. Director Esterty advilCll that the shared Clllla would only be for comer propenies . Council Member Waggoner added that it is only on the side street . Ms. Habenicht said then this isn 't a ' ..... • I· • Eeclewood City C1111ndl March 3, 1997 Paces ·. (. • • . ... cost sharing. Mr. Esterly explained that ii is shared to the extent that the City portion of it. that will continue to be funded, comes from General Fund revenues. 111c City Clerk was asked to read Council Bill No. 14 by title: COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER VORMITTAG A BILL FOR AN ORDINANCE CREATING A CONCRETE UTILITY AND EN"reRPRISE FUND FOR 11IB CITY OF ENGLEWOOD, COLORADO. nm PURPOSE OF lHIS ORDINANCE IS TO PROTECT 11IB PUBLIC HEAL lll, SAFETY AND WELFARE AND TO COMPLY Willi ALL APPLICABLE FEDERAL AND ST Are LAWS WHICH REGULA re nm CONCRETE UTILITY BY CREA TING IN 1111.E 12, A NEW CHAP'rnR 8 • CONCRETE UTILITY AND CONCRETE UTILITY EN'IEU'RISE FUND. COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA l'IEM 11 (a) (I) • COUNCIL BILL NO. 14 -ON FIRST READING. Council Member Wiggins said he wanted them to be aware that 12-8-7 A shows it is 70% of the total area of concrete along the sccondaJy frontages, rather than the previously discuacd 50%. Council Member Waggoner reminded Council that wc finished the concrctc distric:ts, per sc . We started out SC\'Cl'III years ago and wc were asked at the time to come up with an allCmaliw: source of funding . He Slated that this cff'ort with this concrete utility is a result of all those dilCUSSions in trying to come up with a reasonable way to fund concrete replacement within the City of Englewood . Mayor Burns pointed out that it docs haw: a feature where you can op1 out and you can op1 back in Wider ccnain cin:umsaana:s at a lalCr time. Council Member Habcnic:hl lt.llled 11111 lhc will '* no oa Ibis bec:aulc. _. liacc they haw: bcea disaaing the ClOIICfttC i-, lhc Im ll!ppOdcd 111111 dlcft be -11111 of lllared lialdiltg -die -i--NICC of COIICfttC by bod! thc City ud die pnlpClly OWIICr. Ma. Habcaidll opilled 11111 dais docs IIOt quite ., far enough. SIie COIM!CllfCd ..... sbc lhillb Ibis is jUll a differeal l'lllldillg __....._ ..... ii is a WOllderful fullding IIICIChaaism • far • i1 ,ocs. 11u1 that • thillb 11111 pcc.,ac ia the COlllllllllliiy no were looking to ICC llllllelhing dift'ercnl were looking for more of I dwed thing. than jUll I differeal way of funding. Council Member Waggoner aid he would haw: lo address that. He opined that if they rcmcmbcrcd the charts Mr. Eslerty showed them. bclwccn the cost of the City shared function and what -Id c:iome in from the Concn:IC Utility, lhal that was about a .50/50 split. He askcd Dinx:tor Eslerty ifthal --IJUC . Mr. Eslerty aid if they include the continuing funding lcYcl for the hmidic11111~d ramp. -rcpl~ which is I little dilJcrcnt from maintenance. Council Member Wagoner said that is IJUC . Mr. Esterly noted ii was about even . Council Member Clapp staled she would also haw: to vote no on this. for baliallly the same ._.. 11111 Council Member Habenicht has just exprcucd. Vote rcailts: Ayes : Nays : Motion carried. . . Council Members Vormittag, Wiggins, Wagoner, Bums Council Mcmbcn Habcnic:hl. Clapp .. • Englewood City Council Man:h 3, 1997 Page6 • • Council Member Waggoner questioned whether Council should set the public hearing. City Attorney Brotzman advised that this does not require a public hearing, but that it has been requested from Public Works to do so. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON THE CONCRETE UTILITY, COUNCIL BILL NO. 1,, FOR APRIL 7, 1997 AT 7:30P.M. Motion carried. Ayes : Council Members Vormittag, Wiggins, Habenicht., Waggoner, Clapp, Bums Nays : None (b) Approve on Second Reading (i) Mayor Bums Slated that he will abslain from voting on Council Bill No. 12 on Second Reading. just as he did the lirsa time, because it involves the Housing Authority. The ordinante was assigned a number and read by title : ORDINANCE NO . IS , SERIES OF 1997 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE APPROVING AND AU'JlK)RJZING TifE EXEClITION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR TifE 1997 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN 11IE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND TifE CITY OF ENGLEWOOD . COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (It) (I) -COUNCIL SIIL NO. 12, ON SECOND READING. Ayes: Council Mcmben Vonniuag. Wiggin, Habenicht., Waggoner, Clapp Nays : None Abllain : Mayor Bums Motion carried. 12 . Geaeral Dl--- (a) Mayor's Choice I . Mayor Bums said he just wanted lo remind C\'a)'OIIC that there is a Neighborhood Watch meeting tomorrow night at the Malley C.entcr. He encoufalCd CVCl)'OIIC in the Neighborhood Wllldl Program 10 attend. 2 . Mayor Bums advised that he will be attending RTD's ~Guide the Ride " kick off program on Thursday down at the Convention Center. Along with lhal, he noted, there is a bill moving through the Legisla ture. Senate Bill 55, to have a public vote on the incrcac ol RTD 's tax by o., pcn:cnt . 3. Mayor Bums 5tatcd that he has been asked lo remind Council olthe Citizen olthc Year and Town Mccting Celebration that we hold C\'Cry year, usually in May . He said they aR encouraging everyone to suggest people they might ha,'C in mind for candidates for Citi1.e11 olthe Year for 1997 . He asked that they plcuc let the City "-if they have pc,oplc in mind. Mayor Bums COIIIIIICllted dull we • • . .. I· ~-----------------------------.,--------------------------- , . Enckwood City C•11c:il March 3, 1997 Pa&e7 • • have always rccognimd great people as Citiz:cns of the Y car and we arc looking forward to this again this year . (b) Council Member's Choice (i) Council Member Clapp said she wanted to follow up with the a,mplaint she n:a:ivcd at the meeting at All Souls. She Slated she has not heard anything back from City Manager Clark yd and was wondering when she might hear mmclhing on that. City Manager Clark advilcd that they arc doing an internal investigation and he has not n:a:ivcd the results from that yd. (ii) COUNCIL MEMHR WAGGONER MOVED, AND IT WAS SECONDED, THAT COUNCIL GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS SEVERAL REAL ESTATE TRANSACTIONS. Ayes : Nays: MOlion carried. Council Members Vormiltag. Wiggins, Habenicht, Waggoner, Clapp, Burns Nolle (iii) Council Member Habcllic:ht QOIIIP!imcnled llaff oa all of the bani wort they did pulling together the first Tent Meeting. She a,mmcntcd that it was UllfortUNIIC that it was not a very good weather night, but that in spite of the weather ii was marginally well ancndcd. Ms. Habenicht &lalcd that a IOI of people pul a IOI of time and dl'on into it and thole people who came en~ it. She pointed out that l1ll)i,c the acDUllics wcrm 't the greatesl for the dilCUllioD meetings and a few people indicated that they didn't raliZJC they were going on. that perhaps wc sa-ld have announced them beller. Ms. Habcnicb& noted that ocher than that she was i...,._cl with the displays. She thought everybody was rally excited looking al the South Broadway plan. which n:a:ivcd a lot of altelltion. Sbc opined wc will havc a lot of dilCNMion llbcllll an:bcl comina ap. Sbc said sbc tllouglil it was a good effort and hopdully at Ille IICXl oae people will Ulllc advuca,c of the _.ing --in a grca1er lallllber, becas lhc said she thinb it will wort. Mayor Bums advilcd that he fully inlcndcd 10 lltcnd that meeting, bul that he heard the 1e1 up was good and the attendance was not as good as we might havc expected. He noted that he was at a Housing Authority meeting that night that lasted so late he was unable to make the Tent Talk and he was very disappointed. (iv) Council Member Vonnillag said that he wanted to piggy back oa what Council Member Habenicht had said. He nilled he was there and he thought llaff did an cxcdlcnt job providing infonnation. He commented that the layout was rally nice and the tents were i-.tiful. He asked that City Manager Clark let Jerrell Black know that. Mr. Vormiltag Slated they did a good job. 13 . City M•qer'1.,.,. City Manager Clark did not havc any nntlcn 10 bring before Council. ••••• !Clerk's note: Alfflda Item IJ (1) was a ra:oinmcndalion 10 go into Executwc Salion imnwtia1dy follol'ing the rqular City Council meeting lo dilCUII IWO ral Cllalc 11'..-:lioas. This ilCIII was .. •· I t Ea&1ewooc1 City Council March 3, 1997 ••ce• ·.,, '· • ,.. ~ • • adcln:ssed by Council Member Waggoner under Council Members' Choice. See page 7, AIICRCla Item 12 (b)(ii).J 14 . City Attoniey•1 Report City Attorney Brotzman did not have any matters to bring Won: Council . 15 . Alljea...._.. COUNCO. MEIUER WIGGINS MOVED TO AIUOllltN. The meaing ..._. • 7:59 p.m. :1.u,41. tu. ~ ' ' '· . ' • • - (, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 3, 1997 7:30 P.M. 1. Calltoorder. 7 --~~ 2. Invocation. IA)~ 3. Pledge of Allegiance. ~ 4. Roll Call. 5. Minutes. a. Minutes from the Regular City Council Meeting of February 18, 1997. /))~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments . Letter from Donnell Curley i~9!cll}ing hfr r~signation from the Englewood Cultural Arts Commission. ~ Letter from Steve Mulhern indicating his resignation from the Englewood Housing Authority. U~ 9. Public Hearing. (None scheduled) g ......... If,_ haft a clabillly wl 111111 ..a.y _. ........ ,a-..elfy .. Clly el •Ill•=-~2411) It ..... 11aun ...... o1we-----~ l'hlllkyau. . , .. I· 0 • . ,. - (, Gty Council Agenda March 3, 1997 Paae 2 #IA'l{)f-taK.AJ'S liALLLlJ IO(a)(11 i)t-etJ1N•f:OJJSGIJT ~~,,. IU?bli fl-01o. O~e~J ~u /()~)C/)~ Cv) -TT"" a. . Apprqve on First Rea'ding·. ---~ . r · ii. iii. iv. V. U-lt /0 Recommendation from the Department of Financial Services to approve a bill for an ordinance adopting a new section to the Englewood Municipal Code pertaining to business licenses for Direct Sellers and Itinerant Vendors and removing the licenses from the moratorium. STAFF SOURCE: Frank Gryglewicz. Director of Financial Services. Recommendation from the Department of Financial Services, City Clerk's Office, to adopt an ordinance requiring affidavit of intent for write-in candidates and allowing Council by resolution to cancel an election under certain circumstances. STAFF SOURCES: Frank Gryglewicz. Director of Financial Services and Loucrishia A. Ellis. City Clerk. Recommendation from the Utilities Department to adopt a bill for an ordinance for the Grant of City Ditch Easement for 835 W. Quincy Avenue. STAFF SOURCE: Stewart H. Fonda. Director of U1illties. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Lease for the Littleton/Englewood Beneficial Use Farm. STAFF SOURCES: Stewart H. Fonda, Director of Udlides, and ChartH J. Caldlll. Procea Development Analyst. Recommendation from the Department of Public Works to adopt an Intergovernmental Agreement with the Colorado Department of Transportation for two Temporary Easements and one Permanent Easement on Oxford near the Golf Course. STAFF SOURCE: Chuck &terty. Dnc:tor of Pubic Works. ~6g { vi. ReJOlu~~n establishing the annual salary for the City Manager.bJf~l.v'2, . f 1 ~ 5"-(,UY : CI.M!) "'?J. ~O b. Appro~~ Reading . /()(J.)(i)<>t-[i;) Off' ~ Council Bill No~nding the moratorium on miscellaneous &1/J:# /!> licenNS through July 10, 1997. ni#;q ii. Council Bill No . 13, adding language that defines terms used in the Wastewater Utility Ordinance . .._ .... If you ..... ....., ....... ...., ........ ,.......af¥ .. Olyellflll, ......... (7U,,MIIJ .. ............. ..__., ................. ,....,... ' .. I· , • , . • ·.my Council Agenda M.arch 3, 1997 Page 3 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the Department of Public Works to adopt a {!b/F-JJ bill for an ordinance forming a Concrete Utility, and recommending ~ , ; the setting of a public hearing to receive citizen input on April 7, 1 ;, · 7/'0( 3-_;;.. 1997. STAFF SOURCE: Chuck Esterly, Director of Public Works~ tvlt-YS · f!A-.BEAJl&r /!.Liff!') /1~(r0 ~ 4«.,l().()..'(:r,,,W-, . b. Approve on 9'cond Reading. ...,,,..... d)t "(!,8_,f.l'f fi6(. · 7t"t ~'7· ,;;~. i. Council Bill No. 12, authorizing the execution of Intergovernmental t)1d.J.;6" Subgrantee Agreements for the 1997 Arapahoe County Community ~ 5 _0 -/ Development Block Grant Program. I);~ -Tr ( A-t;r;,-,#;IJ : Bt1RJJS) 0 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice . 13. City Manager's Report. Recommendation to go into Executive Session immediately following the regular City Council meeting to discus~~I estate transactions.t¥zf ~ 14. City Attorney's Report. Adjo'11JF.i?r'7 : 5 9 ~ The following minutes were transmitted to City Council between 02/14/97- 02/27 /97: • Englewood Board of Adjustment and Appeals meeting of November 13, 1997 • Englewood Downtown Development Authority meeting of January 8, 1997 • Englewood Parks and Recreation Commission meeting of January 9, 1997 • Englewood Public Library Board meeting of Janur, 14, 1997 • Englewood Water and Sewer Board meeting of Janur, 14, 1997 • Englewood Planning and Zoning Commission meeting of February 4, 1997 • Englewood Liquor Licensing .Authority telephone poll of February 5, 1997 ......... If,-...... ......, ...... ...., ................... City ... af I jc,u.MIS) al ...... hlllnill~ ....................... .... I· •r-------,.------------------ • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 3, 1997 7:30 P.M. 1. Calltoorder. 7 --~~ 2. Invocation. W 11~ 3. Pledge of Allegiance . ~ 4. Roll Call . 5 . Minutes. rJ.ftd &-{) a. Minutes from the Regular City Council Meeting of February 18, 1997. !JJ'lf14 • 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. letter from Donnell Curley i~/ca}ing heir r~aignation from the Englewood Cultural Arts Commission. ~ letter from Steve Mulhern indicating his resignation from the Englewood Housing Authority. U~ 9. Public Hearing. (None scheduled) kJ ..._ .... N,-...... ....ay ...... ....., ............... Mllfy .. Clly_,I -JJWIC7U-W)a ......................................... ,... .... I· • .,----------------------------~-- City Council Agenda MMch J, 1997 <. • , . • Pagel /f/A '/{)!(_ /!J l.10)'5 !IALLL-D I O @ (i!i)/:-f'()IM. ttJ fOiJ SGIJT ~,G/)/),f (. !MJ. rJ_ !/-010 . O~e~ ~ /(){J_j(J )~~ Cv) -TI a . ApprQve on First Reading. ----J"- Recommendation from the Department of Financial Services to approve a bill for an ordinance adopting a new section to the Englewood Municipal Code pertaining to business licenses for Direct Sellers and Itinerant Vendors and removing the licenses from the moratorium. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ii. Recommendation from the Department of Financial Services, City Clerk's Office, to adopt an ordinance requiring affidavit of intent for C&, /a' write-in candidates and allowing Council by resolution to cancel an election under certain circumstances. STAFF SOURCES: Frank Gryglewicz, Director of Financial Services and Loucrishia A. Blis, City Clerk . iii. iv. v. Recommendation from the Utilities Department to adopt a bill for an ordinance for the Grant of City Ditch Easement for 835 W. Quincy Avenue . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Lease for the Littleton/Englewood Beneficial Use Farm . STAFF SOURCES: Stewart H. Fonda, Director of Utilhies, and Charles J. Caudill, Process Development Analyst. Recommendation from the Department of Public Works to adopt an Intergovernmental Agreement with the Colorado Department of Transportation for two Temporary Easements and one Permanent Easement on Oxford near the Golf Course. STAFF SOURCE: Chuck Esterly, Director of Public Works. kJM ~3] I (vi . Re1olut.i~n establishing the annual salary for the City Manager . ll'i1~~ °'fft1. -:,,, -N A.Y: C llrPt.) 7r /t>-O b . Appr~c;'d Reading. /O (J){ i J "t-( i 1) ~fr} ~ Council Bill Nod./2~nding the moratori um on miscellaneous t)1 J-# / .!J licenses through July 10, 1997. Council Bill No . 13, adding language that defines terms used in the Wastewater Utility Ordinance. ,.._ IIGIII If,-i.... a llllllllly _. ...i aillary aWa •---. plwe llllllly .. Clly of E -12NII (762-2419111 ............ .._ .................. n.11,-. ..... I· I • ·, • ... I ' S.:ity Council Agenda March 3, 1997 Page3 • 1 1 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the Department of Public Works to adopt a Cb/-j;J bill for an ordinance forming a Concrete Utility, and recommending ~ 1 ; the setting of a public hearing to receive citizen input on April 7, 1 I. · (/'r)(;; _;2 . 1 997. STAFF SOURCE: Chuck Esterly, Director of Public Worka{/~ti trYS · lllt~&.AJ1Wr eo.fP) /Jb,J~-o ~-4U.M.'tr,)11.{r, · b. Approve on $(,cond Reading. ...,,,,.. ~ d)t C/f,4-·t'f M'{. ~ /f?'j i . Council Bill No. 12, authorizing the executio~f lnte~rnmental {)1dJ.;~ Subgrantee Agreements for the 1997 Arapahoe County Community Off/J 5 _0 -/ Development Block Grant Program. /)J~ ( A-fJr;:,-A;A): 13/iR~S) 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. Recommendation to go into Executive Session immediately following the regular City Council meeting to discus\}~~! estate transactions.tA!l-f ~ 14. City Attorney's Report. Adjomqr4'7: 59 ~ The following minutes were transmitted to City Council between 02/14/97- 02/27 /97: • Englewood Board of Adjustment and Appeals meeting of November 13, 1997 • Englewood Downtown Development Authority meeting of January 8, 1997 • Englewood Parks and Recreation Commission meeting of January 9, 1997 • Englewood Public Library Board meeting of January 14, 1997 • Englewood Water and Sewer Board meeting of January 14, 1997 • Englewood Planning and Zoning Commission meeting of February 4, 1997 • Englewood Liquor Licensing Authority telephone poll of February 5, 1997 l'lwe nae.: If ,eu hawe a 6lllllly wl .... -.,_.or---. ,.._...afy .. Clly of &:el w..i (70-240S)al ..................................... n-11,-. ·- .. I· • • • <. ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellioe Fellrury 11. 19'7 1. ca111eo...aer The iegular moetiq o( tbe EaglcMlod City Council -c:alled IO order by Mayor Bums ll 7 :36 p.m. 2. hmlcadN The inwc:ation -gnen by Council Member Wiggins. '111c Pledge of AIJcgiuce -led by Mayor Burm. 4. IWICall Prelenl: Ablenl : A quorum -praeat. CGIMICil Mcmbcn Clapp, Wiggins, Habenicht, Vormittag waaoner. Burm None Abo praeat: City ManlF' On Cily,....,,~ Dllpllly Cily Cledl Cade Aclilll Em:IIIM DileClllr OrilluDdl. Housing Audlority Dumar Foalll. Utililicl IClclt 's ncu : '111c Di1Uic:l I C..cil ICIII ii weal clue IO die natl of Council Member Hadlaway by a najority of the VOie ll die Jammy 14. 1997 ltecllll Elcaioll. I S. Mia.la (a) COUNCU. MEMSEa WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUnS OF 11m UGULAlt MEE11NG OF naaUARY J, 1"7. Ayes : ~ Mclllbal v--., Wiginl. lflbalic:bl. w...-,. Clipp. Bumi Nays : .... '111c IIIOlioa carried. a) Couac:il recopiml Eapwood -. ... for die Meuapalilu Mlyorl ad Comm•aionen Youdt A'ftl'III. • ·-----.---------:-------..___, E11&1ewood City Council Febnary 18, 1997 Pagel ·, <. • • (i) A resolution supporting the NMDiwim of Merci Loveday for the 1997 Metropolilall Mayors and Cornmiaioaen Youth Awanb w llOlllidcred. The resolution w assigned a number and read in full. RESOLU'JlON NO. 35, SERIES OF 1997 A RESOLU'JlON SUPPORTING 1llE NOMINA 110N OF MERCI LOVEDAY FOR 1llE 1997 METROPOLITAN MAYORS AND COMMISSIONERS YOUTH AWARDS . COUNCB. MDRIR IIAIIENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (I) -USOLUTION NO. JS, Sl:ltDS OF 1"7. Ayes: Council Members Vormialg. Wiggins. Habenicbt, Wagoacr, Clapp. Burm Nays: None The IIIOlioa carried. Mayor Bums Clllllgratulatcd Ms. Loveday and pr--.1 her willl a fnmed resolution, a backpack. and OCher items. (ii) A raolution supponing the ._...,. of Brelll Raiden for the 1997 Metropolilall Mayors and Commissioners Youth AW'dl w cmsidered. The raolution w assigned a number and read from the third whereas. RESOLU'J10N NO. 36, SERIES OF 1997 A RESOLU'JlON SUPPORTING 1llE NOMINATION OF BltElff REDDEN FOR 1llE 1997 METitOl'OUTAN MAYORS AND COMMISSIONERS YOU'l1f AWARDS . COUNCB. MDDIR IIAIIINICIIT MOYD, AND IT WAS SECONDED, TO Al'PllOVE AGINDA ITEM 6 (a) (i) • USOLUTION NO. J6. SDIIS OF 1"7. Ayes: Council Melllben Vonaillll, WiaiM, IW 1 • ck, Wagoacr, Clapp. Buns Nays : None The IIIOlioa carried. Mayol' Burm Cllllgnbdalcd Mr. Raldat Md pNICaled Ilia widl a haed ...._, a blclqladl.. 111111 OCher items. (iii) A ......,. ll!ppOllills Ille .... ...,. at Jellllifer M. TiloaplDa fDr Ille 1997 Metrupolitan Mayors and Comailliows Y.i. A-* w ·«1 Id. The iaolutioa -assigned. nuaber ud ... ._ Ille dlinl ---- RESOLU'J10N NO. 37 , SERIES OF 1997 . ' .. •· 0 1 32 x l • Ea&leweod City Couacll Fdtrury II, 1997 PaceJ • • \ A RESOLlITION SUPPORTING 1HE NOMINATION OF JENNIFER M 1HOMPSON FOR TifE 1997 METROPOLITAN MAYORS AND COMMISSIONERS YOU'il{ AWARDS . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 6 (a) (iii) -RESOLUTION NO. 37, SERIES OF 1997. Ayes : Council Mcmben Vormittag, Wigins. Habcnicbl, Wagoner. Clapp, Bums Nays : None The mouon carried. Mayor Burns congratulaled Ms. Tbompma and prelCIIICd her with a fiamed raolution, a backpack. and other items. (b) Scheduled visilor Marpra Hayes -not praenl I . (a) COUNCIL MDDIR VORMITl'AG MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM I (a)-A LETl'l:R FROM HENRY GALLEHER INDICATING BIS llESIGNA TION ROM THE ENCLIWOOD CLEAN, GREEN AND PROUD COMMISSION. Ayes: Council Members Vormittag. Wiggins. Habenicbt. Wagoner. Clapp. Bums Nays : NGK The IIIOlioa c:anicd . 9. ....Barias No public bearing WU scbeduled be6ft Council . 10. COlllellt AplNla COUNCIL MEMBER WAGGONER MOVID, AND IT WAS SICONDID, TO APPROVE CONSENT AGENDA ITEMS II (a) (I) THIIOUCH (Ii) ON rotST HADING. (a) Apprc)\'C oa Finl Rcadiq (i) COUNCll. Bll.1. NO. I I. INTRODUCED BY COUNCll. MEMBER WAGGONER A Bll.1. FOR AN ORDlNANCE EXTENDING 1HE TEMPORARY SUSPENSION OR MORATORIUM ON CERT AlN MISCELLANEOUS BUSINESS UCENSES FOR AN ADDITIONAL PERIOD OF FOUR MONTHS . .. I· • Englewood City Council February 18, 1997 Page4 • - (ii) PURCHASE OF WATER METERS AND RELATED EQUIPMENT FROM MOUNTAIN STATES IN 11fE AMOUNT OF $25,169.80. Vote raultl: Ayes : Nays : The motion carried. Council Members Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums None COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (II) (I) ON SECOND READING. (b) Appruve on Second Reading (i) ORDINANCE NO . 12. SERIES OF 1997 (COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON 11fE ISSUANCE OF PERMITS FOR 11fE CONSTRUCTION AND INSTALLATION OF WIRELESS TELECOMMUNICATIONS TOWERS IN 1llE CITY OF ENGLEWOOD. COLORADO, FOR A PERIOD OF EIGIIT MONTiiS . Vote raultl: Ayes : Nays : The motion carried. Council Members Vormittag. Wiggins. Habenicht, Waggoner. Clapp, Buras Nooe 11 . OnlitulKa. ....._ ud M..._ (a) Appruve on Finl Reading (i) Acting Excculive Dircclor Gri...a praenled a n:icommendalion from the Englewood Housing Authorily IO adopt a bill for• ordi.-x: alllllariziDg the execution cl bdergovcnunenla Subgrantec Agreements for the 1997 Anpalloe Coullly Comnnanily Dew:lopmcot Block Grant Program . Ms. Grimmctt reminded Cwil 1M1. ._ fall. they appnMld IUbmiaioa cl an applicalion 10 Arapahoe Coun1y for the 1997 funding. TIie ru.dul&. Ille aid. 1111 -been appnMd in tbe amount cl around S214.000 .00, bn*en dowll • apecified ill the CouDcil Come•nicalion . Funds are estillllled IO be received in late April, she advilDll with dillribution by May 1 •. She med for appn,va1 cl the illlergOYemlllental agreement with Arapahoe Coullly IO that we cu nx:ave the liands and put tbem out 11110 the communily. Mayor Bums staled that. as Chair cl the Englewood Housiaa Autboriiy, lie 1111 a conflia witb this qeada item and asked Mayor Pro-Tem Habenicht to lead this dilcuaion. The Cleft was liked 10 read Council Bill No. 12 by titJe : COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVJNO AND AtmK>RIZJNG 11tE EXEamoN OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR 11IE 1997 ARAPAHOE COlMI'Y I· 0 '32xl • Englewood City Council Febnaary 18, 1997 Page 5 . ' '· • ,. - COMMUNITY DEVELOPMEJIIT BLOCK GRANT PROGRAM BElWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I) -COUNCIL BILL NO. 12. Ayes: Nays: Abstain: The motion carried. Council Members Vonnittag, Wiggins, Habenicht, Waggoner. Clapp None MayorBums (ii) Dira:tor Fonda praaud a recommendation from the Littleton/Englewood Wastewater Treatment Plant SupervilOI)' Comminee IO approve. by motion. the purchase of lric:kling filter media for the plant from BrenlWOOd lnduslrics in the amount ofS490.000.00. He Staled that, with the collapse of the trickling filter media. we have IO get it replaced very quickly so that we will be able IO Slay in compliance. He advised lhaL since we have negotiated a very good price already. they an: willing to give us the same price on this. He added that they arc the only supplier of media now in the United States. Mr. Fonda Slated that he will probably be moving forward quickly on Thursday with a recommendation on getting the contractor to go ahead and replace the media. Council Member Habenicht asked if this is the same company that put in the initial trickling filter system . Mr. Fonda responded that it is not Ms. Habenicht asked. since this is the only business of this type. if it is possible IO have some son of guamuce. Mr. Fonda said no. Responding IO Mayor Bums. Mr. Fonda oonfirmcd lhal Breanvood is already a oontrac:tor on the Phase 18 projcc:t . None of their filters have ever c:ollapscd. he said. He exprased his belief that their filters have been built to this spcc:ifac:ation. but added that they were not low bidder the last time. Mr. Fonda responded affirmatively when Council Member Habenic:hl asked if the original filter was from the low bidder the last time. Mr. Fonda said lhal company bas -gone bankrupt. COUNCIL MEMBER BAIENICHT MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE or TIUCIQJNG FILTER MEDIA ROM BUN1WOOD INDUSTRIES IN THE AMOUNT Of s,,0,000.00. Clarifying for Mayor Bums. Mr . Fonda said that financial impac:t funds are available for the purcbase, even though it is not a budgeted iiem. becaulc of the bid and bccaule we have an lldequa&e fund rcscrve. Ayes : Nays: The motion carried. Council Members Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums None (iii) Dira:tor Fonda praaud a nx:oauaendalion from the Li~ Wastewater Tn:a&ment Plant Supervisory Commiucc IO adopt • bill for an ordinance lddina lupqc 1h11 defines terms used in the wutewaler utility ordinance. He explained 1h11 dus is a bo!IICllecpng item aad that we were iaspcc:tcd by the Environmental Prutec:tion Af.CIIC'/ (EPA) aad did very well. They lisled a number of lhinp lhat 1111111 be cloac IO be in compli111C1C. Tllis bill i-11 three clefiaiuons. lie aid, dull are required by federal oodc IO be inc:ludcd in our 'WIIIICWaler ordinance. .-ty Bat Ma...-,,, Practice. Bat Pro(CllionaJ Judpneat and Paa Tbruugb. • . .. I· 0 • Englewood City Council Fcbn,ary 18, 1997 Pagc6 • • The Clerk was asked to read Council Bill No. 13 by title: A BILL FOR AN ORDINANCE AMENDING TITI.E 12. CHAP1cR 2, SECTION I. SUBSECTION D. OFTIIE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCIL MEMBER VORMITI AG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 13. Ayes : Nays : The motion carried. Council Members Vonnittag, Wiggins. Habenicht Waggoner. Clapp, Burns None (b) Approve on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent Agenda.) 12. Gcncnl Diacuuioll (a) Mayor's Choice I. Mayor Bums told Council he altcndcd lhe Metro Mayors' Caucus annual spring rctreal on Saturday at lhc Denver An Museum. He said he received a lot or infonnation on transportation issues and fell ii helped a lot to listen lo several or lhcsc prescntalions. He said lhal Cal Manclla from RTD prcscnlcd his entire Guide the Ride program. He said they arc aucmpung IO go IO lhc ballot this fall lO raise lhcir sales tax rate. The Colorado Dcpanmcnt orTransportalioa (CDOn made a presentatioo lhal included SlalcWide issues on 1ranspona1ion improvements. Also dilCUSICd were various ways of funding these ilcms. Mayor Bums added lhat lhc General Aucmbly is looking al a bill lhal will increase funding this year from lhc general fund su,plus for highways and they arc uying 10 flex some of lhat money for transit. Funher. he said. lhere were presentalions from enviJonmental groups and lhcrc was a lot of malcrial on uanspona1ion and growih issues. He wcnl on IO say lhal Metro Vision was discussed and will be voted on tomorTOW nighl at lhc DRCOG mcclin&, which he will be adcllding for lhc ftnt time • lhc Cily rcpn:senlativc . He said lhat in lhc pat ---1 ~ DRCOG Im n,quellcd lhal more ma,on become lhc dcsignaled rcprescnwivcs IO the board. Saturday, IIIOll of thole in attendance were mayors. compared lo just a handful a fc:w years ago. Mayor Bums spoke of 1hc nonhcm cities' conccm CMr lhc DRCOG plan. advising that lhc Dcn\'Cr Business Journal had a lead aniclc on ii lasl week. He said lhcrc Im been a lot of negotiation between cities like Thom1on and BrighlOn llboul the DRCOG plan and they arc Ulis(ICld with some language changes lhat arc going 10 be p,cscnled IOmon'oW night .. Mayor Bums said that one interesting aspect of this is lhat lhcrc were a lot of people there who woned for a lot of years on comminc:a at DRCOG conccming mctropolitu-wide planning. There were Demer Chamber of Cornmcn:c ll1llllp0nation oommittec people. the Blue Ribbon Tramponaaion Committee, and what Ibey agreed with . and •hat -of the llnJa& --poople said -lhat. after all the years of contention in 1hi1 area. 1helc cilia and Clllitics hllwc really -..-in the !all few years. Some of them thought lhal 1997 -the piVOlal ya, for U'lllllpOltalio pluaina llklplion. ud 11111 ii a -,jor adoption of lralllpOflllion ud powtll meaaues did 11111 ocaar tllis ya,. it will be ICD or Meea yan before we will ever be back in 1hi1 poaition apin. II is a wMelalll ya,. lie aid. in a lot oflheir miDds .. • I· 0 - / • • £nclewood City C1N1ncil Febniary 18, 1997 Page 7 0 , . • for future planning in the Denver metro area, especially on traffic a>ngeslion. He opined that it is a very interesting time to be in the mayors ' group and to be serving on the DRCOG board. Council Member Vorminag asked Mayor Bums to describe some of the hot issues, in terms of traffic problems in the near future, that they want to take care of. Mayor Bums responded that then: an: still people on the DRCOG board that tried to undermine the Southwest Corridor project. Some of that is ideological, he allowed. but this project took eight years to have an FT A a>ntract. Now they have a major investment study on thn:e other lines. southeast. Lakewood and the airport, that an: all being completed and they an: supposed to select a pn:fcrence of those and it looks like maybe the southeast oorridor will be the pn:fcrence. lfRTD's tax incrcasc passes, they can build all of those at once, instead of taking eight or ten years each. The challenge here is to have a friendly mechanism when: you can do something significant for the whole Denver area. Mayor Bums said he has heard that Denver is bea>ming somewhat of a model in the DRCOG plan. 'lbc dill'erence is in places like Oregon they have state legislation that has mandated n:gional planning that can only be done in certain ways. Colorado has not passed that kind of legislation and we don 't think it will. but the DRCOG plan is voluntary bctwccn the cities. There is a sense, he said, that the cities really do want to work on this. If we an: really going to do growth a>ntrol around here, and do it voluntarily, Denver is going to be a unique model. It was even suggested that some of the national programs like Dateline and 20/20 might even be calling the mayors to talk about tbis, he advised. They see it as a real opportunity lo do something significant in Denver that other cities have not been able to achieve. Council Member Vonniuag asked Mayor Bums to be sun: to show Englewood's support for those three other lines. Mayor Bums said we an: doing that because it stops the other a,mmunities from fighting O\'Cr who gets the next lines. There is a lot of enthusiasm and anticipation, he said, over what may happen this year. (b) Council Member's Choice (i) Council Member Vonnittag a>mmcntcd that he would like to see a plaque made for the shovel he obtained from the RTD groundblaking. He asked the City Manqcr to be very liberal in including names of staff on the plaque of persons who helped with the project. along with the City Council and City Manager's names. • ••• * Mayor Burns added. with regard to light rail, that he had an opponunity to speak with Senator Allard 11 the opening of his office in Gn:enwood Village. Senator Allard had a meeting with RID stair within the last week or so and is up to speed on a lot of the transpor1ation issues and seems to be supportive. Senator Allard wanted a memo on RID's raiucst for funding this year from FTA. Mayor Bums advised. They raiucstcd forty-ud a half million dollars. and FT A rccommendcd twenty-and a half. but the FT A contract amount is twen1y.five. So RTD 's planning is more aggreuive than the FTA contnct. They an: a>ncemcd. he said. aboul getting inore and doing some malehing and n:serve funding, and so fonh. and they would like to keep on lnlCk as much as possible. Mayor Bums said he also spoke to Senator Campbell at the same n,ception and opined that these were good a>ntacts to make . (ii) Council Member Wiggins: I. He staled thll he nx:eiwd in the mail a CML Ncwslcncr dated February 14• where they were talking about the federal pcmment setting weapons ratrictiNI on domestic violcacc offcadcrs . The cities arc advised in the article to dclennine if any ol their off"rm or employees AR dl'eClal by the new I • 0 -----------------------c.,------------------------------- • 0 - Englewood City Council Febnaary 18, 1997 Page 8 law. He advised that the bill was signed into effect in September of last year. He asked that the City Manager and the Administrative Services Director look into the matter. 2 . Council Member Wiggins expressed his displeasure with Mr. Gold. the gentleman who distributed materials to Council during the pn:scntation to the c:andidala for the Metro Mayors and Commissioners Youth A wards. He asked that stalf either write a lencr to Mr. Gold, or discuss orally with him, the protocol that should be followed in Council meetings. He said that Mr. Gold's material makes a good point. but his manner of handling it is inappropriate. Mayor Burns said, for the record. once the meeting has stutcd. people should not be handing out material . He said he mentions at each meeting that there arc times that citizens can get up and speak. even without signing in, and material can be handed out at that time, but not at times when it disrupts the Council meeting. (iii) Council Member Clapp: 1. She stated that it is now Februaiy and EDDA was supposed to have their plan down . She asked if anyone knows anything about that. Council Member Waggoner said they had a meeting last week and Ron Staka made a presentation and they "re about ready to wrap that up. They still claim they arc waiting for some material from the City. he said. bul when he asked Harold Celva to rell him specifically what it was , he couldn't name anything. Mayor Burns said the last request they made was like a request for the world . Council Member Waggoner said that is the same request he was talking about. Mayor Burns added that it was so undefined that you could take weeks just t,ying to fill that request . Mr. Waggoner said he thinks they met with the City and there is some pretty clear definition of responsibilities now and he's ready to go. Mayor Burns allowed that it does seem like they arc DOI standiag ltill now . Council Member Waggoner said it was really a pretty good presentation and he hopes within the next thiny to sixty days they will have something. Council Member Clapp poillled out that Council always raieMS minutes from the Housing Authority but not always from EDDA. She asked why . Mayor Bums said he tbouglll they wcn: always supposed to submit their minutes. Council Member Waggoner agreed. Mayor Bums added that EDDA has also been asked to submit copies of a,n-espondcnc:c to Council . Council Member Habenicht said she can not recall ever receiving EDDA minutes. She said that is a good thing to bring up. She asked if Council gets Ulban Renewal Alllhority minutes. Mayor Burns responded that he has gotten those. but they do not meet very often. 2. Council Member Clapp asked City Manager Clart ifthen: is a million Slatement for the police department. If so. she said she would like a copy . Also. she said sbe ~ like to know if there is a difference between the mission Slatement for the police dcpanmcal ud tbat o(the Community Task Fora: and that of the Neighborhood Watch Program. She said she~ aim like to 1DC a million statement for the Code Enforcement Division . 3 . She asked City Auorncy Brotzman ifa letter was sent to Cherry Creek Used Cars in regard to their flags . Mr. Brotzman responded 1ha1 he is getting together with the Code Enfora:mc.nt Division now on the Oag procedure. so a letter has not been issued yet . Council Member Clapp said we can follow up on Friday. and added that. becaulc Cheriy Creek is flying the flag all -for a,mmen:iaJ UICI on their property, so is Emich Cluysler Plymouth and J.D. Byrider and it IICellll to be FUinl worse . She invited anyone OD Council who has the time to attend the meeting OD Friday tbat WC haw put IOFlher for code enforcement because she feels it is veiy imponant . She reminded Council tbat she has beCII bringing up I· • 0 '32xl • ·,-----~-----------------,--- Enclewood City Council February 18, 1997 Page 9 • , . • code enforcement problems since November 20"' and we have yet to come to some conclusions on how to address some of those. She said she knows they arc doing some personnel changes and feels this is a positive step we arc taking Friday . Any further involvement from other members would really be appreciated. she said. Elaborating for Council Member Habenicht. Ms . Clapp said the meeting Friday, February 21•. is being set up because there is going to be a new director for the Code Enforcement Division . City Manager Clark added that this has been an issue of interest to Ms . Clapp and they have identified a number of code enforcement violations on South Broadway and a lot of these have been allowed to continue for years . He said Ms. Clapp is concerned about the lack of enforcement and has asked the City to start enforcing about the same time we started doing the South Broadway Corridor Plan. He advised that many of the uses down there arc also concerned about some of the code enforcement. and so the choice was do we go ahead and start enforcing the code or do we just wait a little bit longer and try to put together a unified plan. Meanwhile, Jim Blumenthal has retired and we have a new gentleman by the name of Dave Nuss who took over as of about two weeks ago . Mr. Clark said he had suggested to Ms. Clapp that perhaps we should brief her on all of these issues and see if they can be tied together into some son of strategy, particularly in light of some of the most recent work that we have been doing. Slaff has been meeting with IISCd car dealers. pawnshops and others. he said. and some of the groups have come up with some of their own suggestions on how to improve the looks of the area and some possible legislation. The intent of lhe meeting. he said, is to bring Ms. Clapp up to dale on where we arc on all of these issues . 4. Council Member Clapp told Council she would like to discuss a personnel matter in an Executive Session after the regular session. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, FOR COUNCIL TO MEET IN EXECUTIVE SESSION lMMEDIA TELY AFTER THE REGULAR COUNCIL MEETING TO DISCUSS A PERSONNEL MA TYER. Ayes : Council Members Vormittag. Wiggins. Habenicht. Waggoner. Clapp, Bums Nays: None The motion carried. (iv) Council Member Waggoner : I . He asked. when we had the meeting with the legislators. if Senator Blic:kcuderfer -going to get something from the Attorney General's off"ace on the enforcement of group homes. and wbdher we have heard anything from him. City Attorney Brotzman responded that we have not and that he will touch base with him again . 2. Council Member Waggoner said that. in the packel thal Council rea:iwd, there -an auwer to his question on recyclable pickup by Waste Management. They recently sent out infOl'lllllioa that they arc not going to pick up any more junk mail or magazines or Cllalop or cereal bo-. CIC . The only paper they an: going to pick up is newspapers and corrupled canlboud. He said that ICCIIIS like only JS% or .W-!. of all paper thal is disposed of. He opined that this cenainly doesn 't help our landfills. Mr. Waggoner said he is curious as 10 what Denver does about picking up all paper and all plastics, and what other ci1ies and companies do, as well . Also. he said. he -.lei like to know what the state does. and what is happening nationwide as far as picking up other recyclables . It ICCIIII like there his aot to be someplace that thole an: useful. he said. opining that they arc a good energy or heal source . He requested that we draw up an ordinance requiring anyone who picks up trash in the City of Enstewc,ocl to pick up all plastics and all paper. • . I • 0 • Eaglewood City Council Febnaary 18, 1997 Pace 10 • ,. - Council Member Habenichl said ii is her underslanding lhal Clean. Green and Proud is going IO be ooming up wilh a oomprchensive rc:c:ommendalion regarding lraSh oonuacting. She suggested Iha! Ibis mighl fall under Iha!. and. ra1her than do a piecemeal kind of lhing, if this oomes very soon, wail until Ibis happens be(:ause ii would probably be a pan of Iha! agreement. Council Member Waggoner said he lhinks Ibey should stan picking ii up very soon. Mayor Bums asked if Ibis is a matter of economics and whether some of lhe martet is starling IO fall away . Mr. Waggoner said wc should crea1e a market. Council Member Vormiltag oommenled Iha! Susan Van Dyke of Waste Managemenl 1old him Iha! lhe place lhal buys it is just swamped wilh ii and !here is only one place in Texas. Mr. Waggoner responded Iha! ii is be(:ause they don't ship ii oul soon enough . Mr. Vorminag said lhis is supposed to be just a iemporary halt. He felt lhat when wc do lhe oontract hauling, that will be discussed. and Ibey will offer recycling 10 every residenl who wanls 10 panicipalc. lfwe wanl lo mandate. he said. 1ha1 lhe residenlS have 10 pul ii oul. lhal's a ditfcrcnl story . Council Member Waggoner said he is just talking aboul any paper or any plastics Iha! a residenl puls oul has 10 be picked up by a company . He said he is ROI forcing lhe ~ 10 do anything Olher lhao whal Ibey arc doing righl now . Mr. Vormiltag .-espondcd lhal lhey will pick ii up in your alley and just lhrow ii away . To fora: !hem 10 recycle ii. Ibey will never do ii iflherc is no market for it. Mr . Waggoner said we should get busy and make a market for it !hen or get some legislation going lhal addresses lhe problem . He recalled 1ha1 Ibey were sining !here before hollering about lhe rate at which landfills were filling up . We can '1 sile new landfills so now we arc creating more of a problem by IIOI recycling ma1erials. he said. Council Member Vormiltag c:ommcnled lhal he goes into off"ic:cs all day long and Ibey all recyde. He said lhe Cily recycles ilS while paper. Mr. Waggoner said Ibey will ROI pick up while paper. homes . He asked why Ibey will pick ii up from a business bul IIOI a home . Mayor Bums suggesied an invcsaigalion oflhe issue ralher lhan discussing ii at lengih 1his C\'etling . He said if Council Member Waggoner would like lo direct stalfio look inlo Ibis and ICC ifwe can pus some legislation lhat would be fine . Mr. Waggoner said he would like 10 haw: an ordinance lhat requires all 1rash oompanies 1ha1 pick up in lhe Cily of Englewood 10 pick up all plaslics and all paper . Ciiy Anorney Brotzman said lhe ordinana: will be drafted and asked if Mr. Waggoner would like ii to go lhrough Clean. Green and Proud for a rc:c:ommenda1ion before ii oomes back 10 Council . Mr. Waggoner said no . Council Member Habenicht asked how soon it is anticipated thal Clean, Green and Proud will issue a rc:c:ommendalion . Council Member Vormi1tag responded lhal ii would be by lhe end oflhe year. bu1 more like lhe middle of !he summer. (v) Council Member Habenichl !hanked Council for ra::ognizing !he aindidara for lhe Metropolilllll Mayon and Commissionen Youlh Awards. She said Ille and Council Member Clapp were both 1herc lhis morning doing pan of the selec:1ion procea for lhe councy recopilion . She opined 1ha1 ii is a significanl prognm !hat gives kids a booSI in lhe ript difflClion. and for lhoae already heading in 1he righl direction. 1hi1 gives 1hem an ina:n1ive 10 conlinue. Gi--ol lhe lhinp tbae kids haw: dealt with, she said. it is an inspiration 10 everyone !he way they arc tumina their lives around. 13 . City Maaaaer'1 lepon I· 0 • En&tewood City C1N1ncil Febnaary 18, 1997 Pace II <. • • • (a) Council received the Cinderella Ciiy Activity rcpon. (Clerk's note : agenda item 13 (a) was not discussed.I {b) City Manager Clark followed up on the Mayor's c:ommcnts concerning the Metro Visions project. He said he has rea:ndy been appointed 10 the Metro Visions committee that is supposed 10 come up with rccommcndations for the implementation of the plan 10 praent 10 the board later in the year. He said be rad with intaal the series of lllidcs about mcuopolitan growth that were presented in the Denver Post in the last couple of wa=ks. Mr. Clark said they talked about the whole issue of how much regional oversight there should be _.. voluntary initiatM in the cities. One of the key issues in the Metro Visions plan. be Slid, is 1h11 they ha\'C Cltlblishc:d guidelines for urban growth ancl development over the Mclro Visions period. Enforcement of the 700 acres involved in the plan is a major issue, he said. The Mclro Visions committee, he fdt. is dominaled very heavily by the northern suburbs ancl he wondeRd if Council would like to look further into the situation lo give him guidance as 10 whether they think we should be on this whole issue. Englewood is unique. he said, because we are not directly impacted by some of the growth issues that many of the other cities are and we are not involved in some oflhc: suburban rivalry . He suggested that Council meet in Study Session and formulate a policy that he and Mayor Bums can lake 10 the table. Council Member Habenicht said that would be an excellent idea because this is probably one of the most imponant and sensitive i55UCS that is going 10 face all of us . She said she feels ii is cxucmely imponant that we have a voice and that we recognize the scnsilivily of the whole issue of regional governance and regionalism . She asscned that ii is imponant 10 lalk about what our position is and how far we go . Mayor Bums said he was plcu:d to see City Manager Clark's name on the list. He said there are few City Managers involved ancl they are being encouraged 10 get involved in this planning process . He also tlw*etl Council Member Wiggins. who graciously volunteered 10 ancnd meetings that Mayor Bums will IIOl be able to anend . Couacil Member Habenic:bl COIIIIIICllled that she thinks we ha\'C exhibiled a lot of leadership in showing 1h11 you caa lla\'C a,openllion without regionaliulion. She said she feels tlllt lllould be a put of what our policy is about ancl 1h11 is why we ha\'C had • much support • we lla\'C in Anpuoe County . Mayor Bums felt 1h11 was a good point ancl said he pointed out 10 them the a,openllion we ha\'C had between the three cities involved in the southwest corridor. 14 . City Attoncy'a Report City Anomey Brotzman did not have any maltcn 10 bring before Council. COUNCIL MEMH,R WIGGINS MOVED TO ADJOURN . The meeting adjourned at 8:30 p.m. I· 0 - - • .. • ... Feb-24-97 09:44A Donnell Curley l-303-789-0780 ·---------------------··-·--· -. To: ~ Fellrulry 22.1117 To WIIOm I May Conmm ... It II will ........... Donnall curlllf, ........ fnlm .. CUlllnl Al1I co,m11111an effNllvie lmmldllllly. Pllae Nglll laoldng for inr I /IUmenl ............................... ,....., ..... _._ • ai1u1111 • 1n EIIII• Did MI MIR poilllln IIMe, Ofll ................ wa nal...,. me OUI ... 111a-.1W01111....,. .. tobepa,t.-11111 ........ pa1.-our OIIIIIIIUly. n.ik ,all for aNlllg 1111 COIIII I Ililil Illa,_. ... far .. IWW part I =~--~-.., Donnlll CUiiey ~ / r111(; ~lt-. /, ,. , . flt'l7l,' L,1 . / / ----------· -. -~- P.01 81 ; -----------------------.---------------------------- • • r • <. ·' .., 8 b ....,26,1117 ,_..,-7 .. ... 1&11..a.-..... , ....... ., ................. .. .. , ........... ,. C liJ ...... 1211 _.,., -, en: .1-•••....,..,.. ............ .. .,.,...., ................. Ill •• '• .•. ........ . .............. ,. .......... ., _ .. w .. , .. ,...,_. ... _. .................. ,_ .. ........... _ ... ,, .. ., ........ ... pawl sis 1 ... ,.. ....... ...,,....,_ .......... ... • ..... ., 0 N .................. ....,_ .. Cllr IA&laud. n - • . . , • • COUNCIL COMMUNICATION .,.. Agellda 1111n Subject March3, 1987 N for an onllnance adopting • new TIie 5, Cllaplar 19, Direct Sellers and lllnaranl Vendors, and 10 a i l9fflCNlng Ille llcenses from the mcnlortum. ........ ., IF ... _ ......... -of Flnancial Servtcas Dnctor COUNCIL QOM. AND PREVIOUS COUNCIL ACTION TIiis bll for an Oldl•a adOpll TIie 5, Cllaplar' 19 to Ille Clly Code, and rwnoves these llcenses from the mllcellaneous llcanNS mcnlortum In Ille Clly of Eliglawood. Tllil bll for ordinance wll allow the Cly's uff to resume lallng dlr9Cl ..._ and lllneranl vendors llcanNS. At Ille May 8, 1• lludy ........ ..,, ......... prapaaed fflOIIIIOrium with Ille Council. On JwNI 3, 1•. the City Councll l'Nd and paaecl O.dll•a 25, a... of 1• on tlnal reading. Thll Ordinance 8llalllllhed the moratortum to run fnlm June 10, 1• to Decembei 10, 1•. Council adopted OnSlnance 55, Senes of 1• extending the mcnlortum 1111111 April 10, 1117. On,=...._, 11, 1117, City Council approved on ftnt INdlng • bill for an onlnance extending Ille maratoltum 1111111.Mf 10, 1917. RECOMMENDED ACTION Staff recommends Cly Council 8111111M '* 1111 far an Clldlnala. IIACKGROUM>, ANAL.ftla, AND M.TEWTNES IWIU ED ThNa 11canNS Wllf9 ortglnalr lncludld In 111a 5, a..., 12. and they Wllf9 Included In the monmtum that blgall on JwNl 10, 1•, and........., ........ to .My 10, 1117, A ....... llcllnN II ..... to....,. that Ille City 11 .... of...,.. vending on I lnllrlm ... or clnN:lly to Ille pubic (e.g. door-to-door AleS). Thw llcanNS Wllf9 Included In •....,... Cllaplar' •-of.... Def'•llllol• were clarffled to....,. 111 ..... ldlllll of llcenle ........... No all9mllllvea ... ldenlltled. FINMCIM. _.ACT The City of Eliglawood collec:led $100 in dnct ... and lllneranl vendor llcenle fw in 1•. UST OF ATTACHIIENTII Copy of • bll for .. ordinance .. • , • ·, • (. Publiabecl u a Bill for m Ordinance on 6th day March, 1997. Thomas J. Buma, Mayur ATTEST : Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City of En,lewoocl, Colorado, hereby certify that the above and forecoinl is a true copy of a Bill for an Ordimnce, introduced, read in full, and paued on tint nwling on the 3rd day of March, 1997. Louc:riabia A. Ellia -2- -. .. • ; , • ORDINANCE NO . _ SERIF.s OF 1997 • • • BY AUTHORITY AIIILLl'Oa OOtJHCIL BILL NO. 16 INTRODUCED BY COUNCD.. NSNBKB _____ _ AN OBDINANCB AMBNDING T1TLB 15, OF 'l'BE ENGLBWOOD IIUNICIPAL CODE 1985 WITH THE ADDfflON OF A NEW CHAPl'ER 19, ENTITLED DIRECT SELLING LICENSES AND ITINERANT VENDORS LICENSES AND WIUCH REMOVES DIRECT SELLERS AND fflNERANT VENDORS FROM ORDINANCE NO. 25, SERIES OF 1996 AND COUNCIL BILL NO. 11, SERIES OF 1997, WIUCH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Direct Sellen and Itinerant Vendors licema were originally included in Title 5, Chapter 12 and were included in the moratorium that bepn on June 10, 1996 and ~tly mrtended to July 10, 1997; and WHEREAS, this new Chapter 19, creates a aeparat.e liceme which will emure that the City is aware of penon1 vending on an interim buia or directly to the public, e .g . door-to-door sales; and WHEREAS, the enactment of Chapter 19 will -the uae oftheee Ii-and clarify the definitions to ensure understand of license requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ec;tiqp 1. The City Council of the City of En,lewood, Colorado hereby repeala Title 5, Chapter 12, Section 2, oftbe Eqlewood Municipal Code 1985, and enac:ta a new Chapter 19, entitled Direct Sellen and Itinerant Vendors which ahall read u followa: SECTION: 5-19-1 : DEFINmONS 5-19-2: LICENSE REQUIRED CIIAP'l'Ell 11 5-19-3 : APPLICATION FOR LICENSE -1- .. •· 0 • • . ,. - '· COUNCIL COMMUNICATION Dam Wlject March 3, 1997 10 a ii Proposed onlnance requiring allldavll of inhlft for WIie-in candldaleS and allowing Council by nl9Clkltion to cancel an election under cartain circumstances. INITIATED BY STAFF SOURCE City Cleft's OfflcelEledlon Commission Frank G,yglewlcz. Dinlc:lor of F'mancial Sefvlces Loucrishla A. Ellls, City CleftllElection Commission Member ~ COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To my knowledge Council has never adopted • policy regarding WIie-in candidates or cancellation of an election. RECOMMENDED ACTION Per Colonldo Revised Stlllutes S 31-10-308, Council may provide by ordlnanca lhlll "no write-in vole for any municipal office shall be counted unless an affldavll of lnlenl has been fled will'I the clef1t by the person whose name Is written In pnor to twenty days before lie day of lie election lndlcllllng lhlll sucl'I person desires the office and Is qualified to .......... duties of lhlll office if eleded." This provides c:INr dlr9c:tiol'I for polential candldllles, ....... City Cleft's office . Addillonally, S 31-10-507 allows lhlll "In any onlnm adopled by the governilig body of the municlpallly requiring an affldavtl of lnlenl for WIie-in ca i»1 CI I a provided In 5 31-10-308, the governing body may also provide lhlll, If the onSy fflllller befor9 the ¥Olel'S Is lie election of persons to office and if, Ill the close of bulinell on lie nillllNnSh day bafor'9 lie eSaction, n.e are not more candidates than offices to be flied Ill such elecSlon, lndudlng cadd•n fling affidavits of Intent, the clet'k, If inltnlcted by resoluSlon of the governilig body .._ before or after sucl'I date, shall cancel the elecllon and by resoluSlon dedar9 lie ca act re 11 elac:lad . • FINANCIAL IMPACT Some election costs will have bNn lncumld by lie 11" day pnor to tlle MCISlon . BuS In • mall ballot election, specfflcally, we would save a. COIS of poage. UST OF ATTACHIENTS Proposed council bill . I· • ·, ORDINANCE NO . _ SERIES OF 1997 • • • BY AUTHORITY ABILLPOR COONCIL BILL NO. 18 INTRODUCED BY COUNCIL NBNBBB _____ _ AN ORDINANCE AIIBNDING TITLE 1, CHAPTBJl 8, BY THE CREATION OF TWO NEW SECTIONS 7 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985, REQUIRING AFFIDAVIT OF INTENT FOR WRITE-IN CANDIDATES AND ALLOWING CITY COUNCIL, BY RESOLUTION, TO CANCEL AN ELECTION IF THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT SUCH ELECTION. WHEREAS, Colorado Revised Statutes 31-10-306, allows the City Council to adopt an ordinance requiring write-in candidates to file an affidavit of intent twenty days prior to the election with the City Clerk; and WHEREAS, C .R.S . 31-10-507 allows the City Council to establish that if the only matter before the voterB is the election of perBOm to office and if, at the close of business on the 19th day before the election, there not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the City Clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and, by resolution, declare the candidates elected; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tim 1. The City Council of the City of Englewood hereby amends Title 1, Chapter 8, with the creatim of two new Sui-:tiOD8 7 and 8, fl the Englewood Municipal Code 1985, as follows : 1-8-7: WRITE-IN CANDIDATES: WRITE-IN CANDIDATES MUST FILE AN AFFIDAVIT OF INTENT WITH THE CITY CLERK OF THE CITY OF ENGLEWOOD, COLORADO IN ACCORDANCE WITH COLORADO ELECTION LAWS . 1~ CANCELLA'ftON OF ELEC'l10N: IF THE ONLY MATTER BEFORE THE VOTERS IS THE ELECTION OF PERSONS TO OFFICE AND THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED AT SUCH ELECTION, INCLUDING CANDIDATES FILING AFFIDAVITS OF INTENT WITH THE CITY CLERK, IF INSTRUCTED BY RESOLUTION OF THE ENGLEWOOD CITY COUNCIL EITHER BEFORE OR AFTER SUCH DATE, SHALL CANCEL THE ELECTION AND BY RESOLUTION DECLARE THE CANDIDATES ELECTED IN ACCORDANCE WITH COLORADO ELECTION LAWS . Introduced, read in full , and paued on fint rudinc OD the 3rd day fl March, 1997. -I - I· • • Published u a Bill for an Ordinance on 6th day March, 1997. Thomu J . Burns, Mayor ATTEST: Loucriahia A Ellis, City Clerk I, Low:riabia A Ellia, City Clerk of the City of £nclewoocl, Colorado, hereby certify that the above and fon,gomc ii a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on tint reading on the 3rd day of March, 1997. Loucriahia A Ellis -2 · .. , - - • • • . ' 5-UM: DEFINITIONS: CHARITABLE ORGANIZATION : DIRECT SELLER ITINERANT VENDOR: • • 1• • ANY ENTITY WHICH HAS BEEN CERTIFIED AS A NOT-FOR- PROFIT ORGANIZATION UNDER THE INTERNAL REVENUE CODE . ANY PERSON WHO ENGAGES IN THE SELLING OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE DIRECTLY TO THE CUSTOMER REGARDLESS OF WHEN THE PRODUCT OR SERVICE IS AVAILABLE FOR SALE OR USE. ANY PERSON WHO ENGAGES IN THE RETAIL SALE OF ANY PRODUCT WHO DOES NOT ACTIVELY ENGAGE IN RETAIL SALES IN THE CITY OF ENGLEWOOD FOR THREE (3) OR MORE CONSECUTIVE MONTHS . 5-19-2: LICENSE REQUIBBD: IT SHALL BE UNLAWFUL FOR ANY DIRECT SELLER OR ITINERANT VENDOR TO MAKE A SALE WITHOUT FIRST OBTAINING A LICENSE. EACH PERSON MAKING SALES FOR A DIRECT SELLER OR ITINERANT VENDOR MUST BE SEPARATELY LICENSED. 5-19-3: APPLICA'ftON FOil UCENSB: A. THE APPLICATION FOR A DIRECT OR ITINERANT SALES LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1 . B. THE LICENSING OFFICER MAY ISSUE EXEMPTIONS TO CHARITABLE ORGANIZATIONS, MUNICIPALITIES, OR THE STATE OF COLORADO INCLUDING ITS AGENCIES AND DEPARTMENTS. AN APPLICATION FOR EXEMPl'ION MUST BE FILED WITH, AND APPROVED BY, THE LICENSING OFFICER PRIOR TO ANY SALE TO QUALIFY FOR THIS EXEMPTION . Section 2. License Fee : LiceD.M! fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 of this Code . Sectigp 3 . LiceDIN required : It 1hall be unlawful for any penlOD to act u a Direct Seller or Itinerant Vendor without fint procuring a licenae . All provisiona of Chapter l, of this Title are applicable u well u thoae special provisions listed below . -2- ..... • . .. I· 0 • • • '· Section 4. The Englewood City Council established a temporary suapension or moratorium of certain miscellaneous business lice1181!11 for a period of au months with the passage of Ordinance No. 25, aeries of 1996, atended the moratorium with the passage of Council Bill No . 11, Series of 1997 and now removes the following licenaes from the moratorium: Direct Sellers Itinerant Vendors. Section 5 Safety CIIYICI The City Council, hereby finds, determines, and declares that thia Ordinance ia promulgated under the general police power of the City of Englewood, that it ia promulgated for the health, safety, and welfare of the public, and that thia Ordinance ia 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 to the proper legislative object sought to be obtained. Sectiop 6. Severahiljty If any clause, aentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be acljuclged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persona or c:ireumatances . Section 7 iorooeimmt Ordinaoc:11 All other Ordinances or portiom thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of auch incoDlistency or contlic:t. Secticm 8 . M,c:t gf' muul gr mmtiffAtiOD The repeal or modific:at;ion of any provision of the Code of the City of Englewood by this Ordinance lhall not releue, emnguish, alter, modify, or c:hanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have a,-inc:urnd unds auch provision, and each provision lhall be treated and held u still remeinin1 in force for the purposes of llustaininr any and all proper actiam, suita, pra ceedinp, and proaecutiom for the miror-ent afthe pmalty, forfeiture, or liability,• well u for the purpoee of •ustaininc any judpient, dec:rN, or order which ca or may be rendered, entered, or made in such actions, suits, ~inp, or praaecutiom . Secticm 9 . feulty. The Penalty Proriaion ofE.11.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first readinr on the 3rd day of March, 1997. -3- . , • . •· 0 • y • ·, • <. ; Publiabed as a Bill for an Ordinance on the 6th day of March. 1997 . 'lbomu J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on tint reading on the 3rd day of March, 1997 . Loucriahia A. Ellia -4- • 0 f 32xl • -••· L Date March 3, 1997 INITIATED BY Utilities Department • t~ • <. COUNCIL COMMUNICATION Agenda Item 10 a iii Subject City Ditch Easement for 835 W. Quincy Ave. STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval by ordinance for the Grant of City Ditch Easement for 835 W . Quincy Ave. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIRED Englewood currently has a perscriptive easement aaoss Mr. James Lee's property at 835 W . Quincy. Perscriptive easements only allow the City Ditch to aoss his property but does not allow the City to maintain or improve it. The City wishes to pipe this section of the ditch, north of Quincy, due to leakage problems that have become progressively worse. This easement would allow the City to install, enclose and maintain the pipe in this section. Because of past problems, the owner concurs with the piping. FINANCIAL IMPACT The owner, James H . Lee, is receiving $10 .00 and other valuable consideration (repairs, restoration, etc.) for the Grant of Easement. LIST OF ATTACHMENTS Ordinance Grant of City Ditch Easement .. •· • LOI 11 LOI POlff f1F ~«1lMMENCIWlff ffftl'n.~ .. LOT II $:-.., r,¥ ~ /f o-'i' ROCKY MOUNTAIN CONSULTANTS, INC . - .~----------------------~-,r--, • / .. Ulf I ~ "' ~ 0 m :, "' ... ~ 5 0 I .. t ---- •· • 'lfflC 0 1 a2xl • .,-~-----~----------~-----, .. • ~ t. Date March 3, 1997 INITIATED BY Utilities Department . , . • .. COUNCIL COMMUNICATION Agenda Item 10 a iii Subject City Ditch Easement for 835 W . Quincy Ave. STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval by ordinance for the Grant of City Ditch Easement for 835 W. Quincy Ave . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED Englewood currently has a perscriptive easement aaoss Mr. James Lee's property at 835 W. Quincy. Perscriptive easements only allow the City Ditch to aoss his property but does not allow the City to maintain or improve it. The City wishes to pipe this section of the ditch, north of Quincy, due to leakage problems that have become progressively worse. This easement would allow the City to install, enclose and maintain the pipe in this section. Because of past problems. the owner concurs with the piping. FINANCIAL IMPACT The owner, James H . Lee, is receiving $10.00 and other valuable consideration (repairs, restoration, etc.) for the Grant of Easement. LIST OF ATTACHMENTS Ordinance Grant of City Ditch Easement •. ... •· • ORDINANCE NO . _ SERIFS OF 1997 (, • • BY AUTHORITY ABILLFOR ... COUMCIL BILL NO. II INTRODUCED BY COUNCIL NKNBBB~~~~~~~ Alf OIIDIMAMCB AUTIIOBIZING Alf BASBIIBNT AGRBBVBNT FOR TBB CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH THE PROPERTY AT 835 WEST QUINCY AVENUE . WHEREAS, the City of Englewood i.a respmuiible for conveying water through the City Ditch; and WHEREAS, the rigbt-o(-way along the City Ditch is necessary for repairing and conveying water; and WHEREAS, the City currently bas a prescriptive easement across the property known as 835 West Quincy Avenue which allows the City Ditch to Cl"08II this property; and WHEREAS, the City does not have a recorded right-of-way for the aec:tion at 835 West Quincy Avenue; and WHEREAS, permanent right-of-way will be conveyed to the City with the attached -ment agreement for 835 West Quincy Avenue; and WHEREAS, the City willhell to pipe thia NCtiOD of the City Ditch due to leakage problema that have become propwively wone; and WHEREAS, the City will inatall, endoee and maintain the pipe in this NCtion; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjgp 1. The City Cormci1 vi the City vi Englewood hereby autboriw an -t agreement for 835 Weat Quincy Avenue for the City's ript-of-way OD the City Ditch - attached hereto u Exhibit 1. Introduced, read in full, and pauecl on ftnt reading OD the 3rd day vi March, 1997. -1- ' . • • ·, • <. Published u a Bill for an Ordinance OD the 6th clay of March, 1997. Thomas J. Buma, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk of the City of En,lewoocl. Colando, 1-eby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in run. and puaed on first readill( Oil the 3rd clay of Marc:h, 1997. Loucriahia A . Ellis -2- . , • . • 0 '32xl -------------:-:---~-------,· • • - • EXHIBIT 1 GRANT OF CITY DITCH EASEMENT, THIS GRANT of City Ditch Easement (this "Grant") is made this ith day of February, 1997, by James H. Lee ("Gnuitor") whose address is 835 West Quincy Avenue, Enciewood. Colorado 80110, in favor of the CITY OF ENGLEWOOD <·Grantee") whose address is 3400 S. Elati Street, Englewood, Colorado 801.10 . The parties covenant and agree aa follows : l. Easement Property. The -Euement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A. consisting of 2 pages, attached hereto and incorporated herein by reference. 2 . Consideration. AB consideration, Grantee has given Gr:mtor ten dollars ($10.00 ) and other good and valuable consideration, the receipt of which is hereb:r acknowledged by Grantor. 3 . Grant of City Ditch Easement. Grantor hereby grants to Grantee. its successors and assigns. a perpetual easement (the "City Ditch Easement) over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. The City Ditch shall mean the City Ditch and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water including, but not limited to. mains, conduits, vaults and ventilators. -&. Access . Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and acrou the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . No Improvements. Grantor covenants and a,rees not to construct. erect. place or plan any ·Improvements,• u hereinafter defined, on the Easement Property without obtainin& the prior written c:oment oi Grantee. 9lmprovements• shall mean any struc:tUre, buildiq, planting, trees. shrubbery, or prden other than a ,raaa type lawn. Grantee shall have the right to remove, without any liability to srantee. any improv-mu c:omtructed, erected, placed or planted OD the Euement Property without Grantor's bavinc obtained the prior written consent of Grantee. If auch prior written coment is not obtained, Grantee shall not be responsible for repair or replacement of the Improvementa if they are damqed during comtruction. maintaininJ, repair, replacement or enlarpment. 6 . Restoration . Grantee acr-that after the comtruction, maintenance, repair, replacement or enlarpment, if any, for the City Ditch, Grantee shall restore the llllface of the Easement Property u nearly u pouible to the lfade and conditiom existing immediately prior to said comtruction, maintenance. repair, replacement or enlarpment. Ucept u may be uc:euary to accommodate the City Ditch. Grantee further acr-to rwplaca any topaoil removed from any cultivated or qricultural anu OD tba Euement Property and to remove any uceu earth rwultinc lrom said c:aaatnactiOD. maintenance, repair, replacement or enlarpment, at Grantee·, aole coat and upenae . .. I • • ·,------------------------,-,-- • • 7 . Subjacmt and Lateral Support. Grantar CIM!IWlta ud aar-that Grantlle shall have the rilht of subjacent ud lateral support an the E-.nt Property to wbataver utent ia neceuary or desirable for the fall, campJete ud UDdistmbed mqa,mmt of the riplts srant,ed to Grantee wider thia Grant. 8. Riptl of Grantor. Gnntar ~ the faB ript to the lllldmurbed awmnbip, -. and oc:cupallCY of the ~-Proparty imc6r u said owmnbip, -. ud occupuu:y ia comiatmlt with ud doa DOt impair the rialm snnted to GrantN in tbia Grant. 9 . Wammty of Title. Grantar wurmta ud ~ that Grmtor ia the awner of the EaNment Property and that Grantor baa fall ri&bt. title ud aatbarity, to ,rant ud convey to Grmtae the Evemlllt Gnmar fbnbar CCl99UD.ts ud apw to illdemnify, defend ud hold Grantee barm1.. from ud apimt any adffne claim to the title to the Euemmt Property by all and nery perlOll or penam lawfully c:laimiD.I or to claim the wbole or any part thereof. 10. BiDdinc E1fec:t. Thia Grant shall atmd to and be biDdiDr upon the heirs, personal representatives, suc:cesaors ud usip of the respective parties hereto. 'nie terma, covenants, agreemmts ud conditiam iD this Grant shall be c:omtrued u covenants running with the land. IN WITNESS WHEREOF, the parties hereto bu euc:uted this Grant of Water Line Easemmt the day ud year first above written. GRANTOR: STATE OF COLORADO ) )a. COUNTY OF ARAPAHOE ) '71't Aclmowledpd before me tbis ..J_ day of February, 1997, by J .... H. LN u Grantor. My Commilaion upirel: '/t/4 uo I . , .. • I. . 0 '32xl • ·~ • <. • ATTEST: GRANTEE : THE CITY OF ENGLEWOOD 'nlamu J. Burm, Mayor .. --;-------------------.,---~-----------------~--- • • • .. LEGAL Jl'.SCRIPUC! A cm DITCH EASaEMT BEING A PART OF A PARCa OF LAN) RECCR>ED IN BOO<. 3327, AT PIG£. 150 OF THE ARAPAHOE COONTY REClRlS. SAID PARCEL OF I.AN) BEir«i LOCATED IN THE S001lt lltE·HALF OF THE SOUTHEAST <JE.(JJARTER OF SECTION 4. TIIIWSHIP 5 soont. RA&: 6B IEST OF THE SIXTH PRINCIPAL 1£RIDIAN. cm OF 00 BOD. CClJNTY OF ARAPAHOE. STATE OF COLawlO BEir«i IIRE PARTICULARLY DESCRIBED AS FOLLCMS: ctHE«:ING AT THE sruntEST C<RNER OF Tl£ S001HEAST Ot£·QUARTER OF SAID SECTION 4. TIECE fOTH 99•45·00• EAST A DISTANCE OF 817.27 FEET. SAID LINE F<Rtir«i THE BASIS OF oEARir«iS F<R THIS IESCRIITTON: THENCE l«RTH 00•15·00· IEST A DISTANCE OF 30. 00 FEET TO A POINT ON 1llE NORTH LINE OF WEST QUINCY AvatJE. ALSO BEING THE SOOTl£AST C<RNER OF LOT 21. OXF<RD HEIGHTS St.eDIVISION. SAID POINT BEING THE !BUE fW1![ QE B£GINNIM2; THENCE AL!Xi THE SOOTHEASTERLY LINE OF SAID OXF<RD HEIGHTS SUBDIVISION THE FOLL~ING TIREE ca.RSES: NORTH 07°38'08· EAST A DISTANCE OF 75.26 FEET: THE.ta fOTH 37•22·1a· EAST A DISTANCE OF 209.61 FEET: THENCE l«RTH 45•53•43• EAST A DISTANCE OF 43.35 FEET: THENCE SOUTH oo·is·oo· EAST A DISTANCE OF 34.67 FEET: THENCE SOUTii 45•53•43• WEST A DISTANCE OF 17.47 FEET: TlECE SOOTH 37•22·1a· WESi A DISTANCE OF 201.11 FEET: THENCE S(lJTH 07•J8'08. IEST A DISTANCE OF 65.16 FEET: THENCE SOUTH 99•45·00· WEST A DISTANCE OF 25.24 FEET TO THE IBUE fgllfI QE BEGINNIJE. SAID PARCEL OF LAf() CONTAINS 7649 SQUARE FEET <R 0.18 ACRES. tGE <R LESS. cm OF ooam> CITY DITOt EASEMENT 1K Dr«>. 2882.006.00 DECEMBER 2. 1996 atf Sl£ET 1 OF 2 . , •, A .. • 0 'a2xl • ·c--"'------------------------------- • • '· EXHIBIT lOf 11 POlff Of CDalENCDIENI' "" 1'-¥\.'f: lOf t1 ROCKY MOUNTAIN CONSULT~TS. INC . -·' ---- lOf • z Q Ill ~ 0 m ::> Ill / ... I I· , • .,-----------------.,.-------------- .. • • COUNCIL COMMUNICATION Date Agendallam Subject March 3, 1997 10 a iv Oil & Gas Lease, Littleton/ Englewood 8-flcial Use Farm INITIATED BY STAFF SOURCE Littleton/Englewood Supervisory Committee Stewart H . Fonda, Director of Utilities Chsles J . Caudill. Process Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No . 2, Series 1995 -1996, January 2, 1996, approving purchase of 5760 acres of farm land in Adams and Arapahoe Counties . RECOMMENDED ACTION The recommended action is to approve by Ordinance an Oil and Gas Lease with J . Michael McGhee on the North Yz of Section 28. Township 4 South, Range 57 West, Arapahoe County, Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The cities of Englewood and Littleton own a IDCIII ot 7040 acres ot farmland to ensure stable and secure biosolids recycling for the Littleton/Englewood Wastewallr Treell'nent Plant. The cities allo own full or partial mineral interests on the farm . The cites have tie., offered an oil and gas ._.. by J . Michael McGhee on 320 aaes of the farm in which the cities own a 20% iru.at in the mineral estate. The leaN lllrm ii for five years . Entering into the lease gives the Cities maximum land control if rights se de\alaped. Rights can bl del,llopad with or Without our llgl IIITlll'll. The lease proposal has bes, l'IYilwed by the UtlletonlEnglewoocl Supervisory CommitlN and approval of the lease. including an addendum to prollct the Cities' environmental and farming imlnlta. ii lllCOfflll'lllldld. FINANCIAL NPACT The lease provides that the Citiel bl paid one ligh1t'I ot the grou proceeds par yur in the event that oil and gas is found . The lease indudll a one-time S320 bonus c:onsidlnllion ,._.,ting SS .00 par net minlnll acrw . UST OF ATTACHMENTS Otl and Gas Lease and Addendum •· • 0 1 32xl • ·,----~------~----- PRODOCERS U ·PAlD UP Rn. ,-t0. No . 2 -lfL • • OIL AND GAS LEASE AGAIEEMENT. Mm_. eaen111 --25th ..., ., Noveaber •• ~., ... Mweaa The Ct ty of Littleton and the City of Englewood, Waatewatcr l 'reataent Plant Ye'lawr-Qffce...._ia 2900 S. Platte lllver Drive, En&levood 1 Co .~~~~~-•-iel_, J. Hlchael fkChee, 1100 Four T!CJ#!su1,1cc'!J.ecs,IJtti Street, Denver, Co ora o ......... calcdl...nacc: WITNESSETit. n. .. Lnw. '"' ... ill~ .. vi Ten ' DKJre [KV LARS call ia ._. pllll. N ..._ ol .._. • ticrebJ aclaowledaal, _. die cow-._..,_ llaciufln ~ • ._ .............. lraeil ... lee . NII ::~ ...::=.=-=..-... ·-=-~r!=;r:..i.::.:.':".=a:,:U.,~-=:.-=.'.:r~-:=-:.:::; lor ..,.. ,.-1-. ... -ol tlNl'Nffll....,.. • ,.,...u. 1111'1' _, tab a,c el ............ al ...... llal al ........... ia .. 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J,...., STA11!0F.c..---------}._ COUNTY OP·~./=--------- . . • • ll!RJIIE ME, .. -..,...., a-, Nlli<, • ad Ror aid C-ad-..... ,-""'=------------ day ol,...::; _________ tt __ ...-,_.L-=------'----------- ----------------·--·· .. -------.. .-........... -.., .......... ._...,.._.. ....,_ .. __ ... ... _,. ..... _,., .. ______ _ IN Wfflill!SS ---·--• _, _ ---,--..a .. dar ad,----· ..,. ~..... c:-=~----------..... ....,=,....,.,_.=. -. - -..:.::::. _____________ _ STA11! OP·----------}-. COUNTY OP·--------- ll!RJIIE Ml!, .. -....... •• _,-· ......... ~ ... -· .. _____________ _ .,...,, __________ "--..._, _.., __________________ _ ____________________ ..... _ical_ -----..... -.......... -.., .......... _......, ... _.. ...,____ ... . _, .............. ______ _ INWffllll!SSWIIDJ!OP,I __ _,_, _ _. _ _, __ .. .,._,,_ ... __ MyC ......... l!apirft'-----------w-;Mllc. -'---------------- STATIOP.c.. _________ }a COUNTY OP·.a:::,. _______ _ ~T--.,~ 0a diiam'•C:::.::::.. ______ __,.,. "''-""'=--------------A.D . It __ -• ..-,. __ L. _________________________ ,.._, _ -· ..... .., _...,--... ., .... ii------------------------------- ----------------------....... -.... -ii ---of .. _... ......... __ ,.... ____ ..,_. __ ..,__,..,._.., __ _ _______________ _, __ ...,,._, _ ... ____ .., ____ --, -ad ... -• .... er:::::... _____ _..,., ot A.D. It_ (Sl!Al) -"""'---------------..,. c-......... -;._ ________ _ J J jj J . f • f f ll 1 ~ ! • J 1 L 1 i I I I ' .. • 0 'J2xl . iii ·< ·u < . !-c .z • • ·, • .. *-· -.. j.f!(lfl :-·• F. :,• •• 1 •• .. , ... z ....... . .,., ..... ~ ,{. FiratBank of Daver •· A. 370 17th Str-t COLLECT DIRECTLY THROUGH_..=Dm:.=ve.:..:.:r:..i,!.-..:Co=lo:..:r:.:ado=....:8:..:0~2:.:0:=:2 ______ _ t: ~ < cS 1K .:. DATE._!lo!!!•ul~~1r!'.J2S~1~1~9~9~6~-- 0 1K _flli=::rtI:.:L_(~l::O:.L) ____ Days After Sisht and Subject to Approval ofTdle ~o 1K u Pay to the ~ I Orderof'JM liCY of IPslffl!Od Pl DI City of Utt],ecag 0 -~ !;; c. ***'11lnt b4nd T!wtt M4 1 o/100*** :) ': Willi &dlMer s 320.00 DOLLARS u ii Consideration for oil A4 SM leN9 of PW 4eC• canrlM J rde locCl4 SP Atneb91 To: Comty, Colorado •n fally aac:rilled below. / ~' ~-"J».~ gL n J. IU.cbael KcGbae 410 17th Street 11100 »--r, Colorado 80202 -;;. 111 !lcCbM -..... ·-....... -·-...... ------··- Description: D£TA<.1l ll:Foa£ PIIESVl11NG roa PAYMENT Twhip 4 Soath1 Imp 57 Vat Sectioll 28: !U/2 $5.00/S~/1/lch County Arapaboe Swe Colorado Gross Acra,_3 7 2..,0"=-_______ _ Net Acns-""""~·:...;:o'-------- RECEIVED OlllGINAL AS PAYMENT .. ----------------------.,------------------~------ • • ADDENDUM To That Certain Oil & Gas Lease Dated November 25, 1996, by and between the Oty of Littleton and the Cty of Eqlewood, Colorado (Lessor), and J. Micbael McGbec (Leaee) nus ADDENDUM shall modify paragraphs numbered 6, 7, 8, and 9 of the Oil and Gas Leuc between the parties dated November 25, 1996, and concerning the North 1/2 of Section 28, Township 4 South Range 57 West, Arapahoe County, Colorado. The incorporation of this Addendum shall occur by reference to the Addendum's emtcnce in paragraph 9. For purposes of consis- tency, all terms utilize J in the Lease sball be utilized in this Addendum. The Lessor's permission, grant, demise, and lease of the subject lands ii subject to the following conditions, which the Leaee acknowledges, accepts, and agrees to be bound by, together with the l.eaee'1 spedfic agreement that it will bind its heirs, succeaon, and aaigm to these terms and conditions u well. The conditions of this Addendum to said Oil and Gu Lease are u follows: 1. In aa:ordance with paragraph 6 of the Leue, Leaee'1 right to u,e, free of cost, gas, oil and water ii subject to urea IOle1y related to the production of said ps, oil and water from Lessor's premises and for no ~r purpose. 2. All pipeline facilities constructed by Leaee sball be located at least three feet below the aoil surface at any 1oc:ation on the property, with the rr ... -- DA,L.i _\a_-.~~ ~ Cf_~ _ ..... • . .. I· 0 • • 3. All wells drilled on the subject property shall be drilled at locations agreed to by the Lessor in advance, which approval of said locations shall not be unreasonably withheld by fhe Lessor. 4. The construction of access roads, well sites, and other activities, pump statiom, tank batteries, separators, and other f.acilities 1saoci1ted with the production of oil and gas shall only be constructed at locations approved by the Lessor in advance, which approval shall not be unreasonably withheld by the Lessor. S. Construction of any facility on the property shall occur only at times that reduce the possibility of eDYiromnental damage and destruction of the Lessor's premises. In this regard, construction shall not occur immediately after rain or snow ev.=nts or at times when said comtrudion activities would be impaired by the umtable condition of the soil. 6. The Lessee's right to remove machinery and filtures on the plelllises shall be limited by its obligation to undertake tbolc removal ldivities at times when the condition of the premise is dry and umaturatcd, and the Lessee specifically agrees and acc::cpts its obliption to fully and completely restore the premises, including the removal of all evidence of road construction, drill pad construction, mud pits, sumps or other surface disturbances. 7. Lessee spedfically agrees to reclaim all areu disturbed by its ldivities and sball cover any disturbed areu affected by its operation with a minimum of four inches of clean top soil. Leaec further agrees to imure that full .. .. I· 0 1 a2 x l ------------------~---,·-----------------:-------~----, • - restoration of the site occun in accordance with the spedfkations of the National Resource Conservation Service. 8. Lessee, prior to tbc initiation of any ac:tiYitia on tbc mbjec:t property, agrees and ~nants to obtain a bond in the amount of $50,000 payable to the Lessor upon tbc failure of Leaee to perform any of tbc rcquiremeDII spoifie4 in this document, said bond to remain in full force and effect so long u Lessee retains any interest in the Lessor's property. Retention of an interest aball include the continued emt.encc of this Lease and any exploration, drilling or proc:luction activitiea arising from the emtence of this Lease throughout its term u tbc same may be cmeaded. DATED this_ day of _________ • 199_. LESSEE: LESSOR: 1. Michael McGbec for aty of Englewood for aty of LiUleton • . .. • • 0 1 32xl • STATE OF COLORADO COUNTY OF ____ _ <. ) ) ss. ) • • Sablal>ed aader oath before me by J. MidPcl McGbee on this_ day of _____ ..,.-199_. My CX1IIUIUllioa apires _______ _ NOfARY PUBUC • I • . ... • 0 '32xl • .,------------------------ STATE OF CX>LORADO CX>UNI'Y OF ____ _ • to • ) ) ss. ) ... r SablClibed mader oath before me by ________ on behalf of aty of Litdeton on tbil _ day of _____ -J 199_. STATE OF COLORADO COUNTY OF ____ _ ) ) ss. ) NOfARY PUBUC Sublcribed under oath before me by _______ on behalf of City of Englewood on thil _ day of _____ -J 199_. NOfAllY PUBUC •. .. • 0 1 a2xl • ORDINANCE NO. _ SERIES OF 1997 • • ·, • <. BY AUTHORITY ABILL10ll OOUMCILBILLNO. 17 INTRODUCED BY COUNCIL ..,,., .. _____ ~ 'Jaf Gllaltlll:s AUTBOalZDfG .All OD. AND GM L&A8S IWIWBBN THE LI'l'TLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT AND J. MICHAEL McGHEE. WHEREAS, the City of Englewood City Council authorized the purcbue of a farmaite for beneficial uae of the Littleton/Englewood Wutewater Treatment Plant Bioaolida Management Program with the pauage of Ordinance No. 2, Series of 199511996;and WHEREAS, the Oil and Gas Lease is for appruimately 320 acres of land used by the Littleton/Englewood Wastewater Treatment Plant for a five (5) year term by J . Michael McGhee; and WHEREAS, entering the lease will presene muimum surface activity control in the event the rights are developed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;t;icp 1. The City Council of the City of Englewood hereby aatboriw the Oil and Gu Leue between the Littleton/Enclewood Wutewater TNatment Plant and J. Michael McGhee. Sgtiqp 2. Tbe 1-provides that the Cities be paid---,btil of the ..-pruc.eda per ,-r in the event that oil and pa iB found. Tbe 1-includes a me-time $320 bonus couideration repawentiJlc $5.00 per net mineral acre. 5oc;tiqp 3. Tbe City Manager or his desipee iB autboriwl to aecute the Oil and Gu Leue for the City of Englewood, Colorado. Introduced, read in full , and paued on fint readiDc on the 3rd day of March, 1997. Published as a Bill for an Ordinance OD the 6dl day of March, 1997. Thomas J . BW'Dll, Mayor ATTEST : Low:rishia A. Ellis, City Clerk . I · • I • . .. • 0 '32xl • • • • •. I, Low:riabia A. Ellia, City Clerk « the City « Enclewood, Colorado, hereby certify that the above ud fonsaial ia a tnae copy « a Bill for an Ordinance, introduced, read in run, uc1 PMled Oil ftnt readms Oil the 3rd day« March, 1997. Loucriahia A. Ellis -2- • t. .. •· 0 1 32xl - • • • Nl0DUC21lS N .. AJD UP' --S-40 . W..1 -... • 0 • OIL AND GAS LEAsE ...... Townah~p ~ South. Ran&• 57 Wa•t Sect~on 28: Nl/2 EXHIBIT A • ... , I • • .. • • <. ~~ .;.-=-== .. :. ; :. :.,. . ,·~ .. ----· ffATII 01'~-------------}-. COUNTY gp . .._ _________ _ .,,..: . .... .. .. ~ . - _. Ma. --S ·.•-,.-··ill -lor -c:-p --· -__ ::;_ _____________ _ -9# ··--· -,.._, __ ... ,,:;. ___________________ _ _____________________ _ .......... -,__,__ _________ _ ____ ........ ______ .._..___ .. ,,.____ -_...._,, ___ ... ___ ,..... ___ ._._ INWffNmWIIDBDP.1.----•Y-------------· My C ...... •,,...=----------------,.._;=,.,...,Mio.-.,...,..-- -.,...::~--------------- ITATaOP..._ ____________ , COUNTYOI' • ...a.a .... -___ ._. ,._,, ~ ... -... -Cllllll!Y-.... -_.._ _____________ __ -------------··-,.._,. ________________________ _ --------------------·--------,.._.._ _______ _ ::. '::: .!':':..-:":"'..: ==-..... -.:..-________ ... ...,_ ---------- INWIINm~.1-..._ ____ .._._, ________ _ ..,. c-..---------------w-;www . ......, __________________ _ ITATB °"------------1-. COUNTY Ol'c<:------------.cm a• LIii a: •ft'._ -i. Cao •• OIIHe-C:::: --..&..-----------------A.D. 19--...... -...-, ... --i:::.. ______________________________ ,...... --. ..... ..,. _ _,. -----.. --------------=-:;.. ____________________ _ -----------------------------..... ---.... _ -9# __ ,__.., .. ___ ..,.....,...._. ....... .,_ -----------Ji!.:::... _________________ .............. -..._• .. ._ -....... -6 .... wwwpa C --..... ------C:"""'----------.. at..::;;_---------------A .D . 19-- J I J I 1 .I I I I ' i i • f 1 • I I ' • , • • • <' :::--· -;, . 5 PM :• .. ~-. , .. .. ·!!I• . I ..•. NI ., UWQU\.. •. if,¥,..... I .,. ,. •.-.U4 , .. '. )v • JSf j I. . -l ;; l6 ) ,< • 1-· o lz ,,.. ", • M ...... c,m, CSM1t1 llledak of Da"fV a.A. 370 l7cla ·~ COLLECT DlllCTl. Y THllOUOH,_ .. Da..._...: ...... ,.. _c.=i.~na:::MD=::....::l020Z==------- t! <0 ! ~ __ 'Dli=ffl=-----i<.:IO:.>t-----1" 'o ----Pan An. Sillll Md Su-jlel 10 ~ or Twit •1Pa,totM ~ . Order o<l'N GP ti 11:J 0 -~ ~! ....., .... '""'_.,,o.-a-, -cur oe uni-I JZQ,QO DOLLAIIS -.. .. .......... "'• c__.....ror .u w w 1 ., -.. w J I Je ref la Mr tr To : ~. C.lnale anw ~ ~ .i-. /~'·',"'In,' .ttL. J. •••> IIIIGlllla 410 17111 •~saec 11100 Deawr, c:iolorMO 80%02 z;: .... •• • • • •• • • • • • • ' • -• • • • • ~ I • sz "'5 s,.001~/1/lcb • .. • 0 1 32xl • • . ~ • <. ADDENDUM To That Certain Oil & Gu Leue Dated November 25, 1996, by and between tbe Oty of Littleton and tbe Cty of Englewood. Colorado (Lessor), and 1. Michael McGhcc (Lessee) 1lUS ADDENDUM sball modify paragraphs lllllllbered 6, 7, 8, and 9 of tbe Oil and Gu Leue between tbe parties dated November 25, 1996, and concerning tbe North 1/2 of Section 28, Township 4 South Range S7 West, Arapahoe County, Colorado. The incorporation of this Addendum sball occur by reference to tbe Addendum's existence in paragraph 9. For purposes of consis- tency, all terms utilized in tbe Leue shall be utilized in this Addendum. The Lea>r's permillion. pill, demise, and 1eue of the subject lands is subject to the followin& conditiom, which tbe Leaee ICbawledges, accepts, and agrees to be bound by, together with tbe Leaee's specific agreement that it will bind its heirs, succeaors, and usigns to tbae terms and conditions u well. Tbe conditions of this Addendum to said Oil and Gu Leue arc u follows: 1. In accordance with paragraph 6 of tbe Lease, Lessee's right to use, free of cost. ps, oil and water is subject to uses IOlely related to tbe production of said ps, oil and water from Lessor's premises and for no other purpose. 2. AD pipeline facilities comtructed by Lessee sball be located at least three feet below tbe 10il surface at any location on tbe property, with the exception of well beads, tanks, separators, and other facilities and 1CCCS1 roads. . , .. •· 0 • • 0 I • ·, • .. 3. All wells drilled on the subject property shall be drilled at locations agreed to by the Lessor in advance. which approval of said locations shall not be unreasonably witbbeld by the Leaor. 4. The construc:tion of access roads, well sites, and other activities, pump stations, tank batteries, aeparators, and other facilities usoc:iated with the production of oil and gas shall only be constructed at locations approved by the Lessor in advance, which approval shall not be unreasonably withheld by the Lessor. S. Construction of qy facility on the property shall oc:c:ur only at times that reduce the pombility of enwonmental damage and destruction of the Lessor's premises. In this regard. construction shall not occur immediately after rain or snow ~nts or at times when said comtruction activities would be impaired by the umtable condition of the .:>ii. 6. The Lessee's rigbt to l'ClllOVC machinery and fixtures OD the premilcs shall be limited by its obliption to undertake tbOle removal activities at times when the condition of the premise is dry and unsaturated. and the Leslee specifically agrees and accepts its obliption to fully and completely restore the premises, including the removal of all evidence of road construction, drill pad construction, mud pits, sumps or other surface dilturbances. 7. Lessee specific:llly agrees to reclaim all areu disturbed by its activities and shall cover any disturbed areas atfected by its operation with a minimum of four inches of dean top .:>ii. Leaee furtber apeea to imure that full .... .. I· 0 1 32xl • • ,. • · ... • ' .. . restoration of tbe site occun in accordance with tbe spedficltiom of tbe National Rea>urce Comelvation Semce. 8. Leaee, prior to tbe iDitiatinll of any ICtivitiea on tbe mbject property, agrees and covenants to obtain a bond in tbe amount of $50,000 payable to tbe · Leaor upon tbe failure of Leaee to perform any of tbe requ.inmeDII apecified in tbia doc:um.mt, said bond to remain in fall force and efl'ect IO long U Leaee retaiDa any interest in tbe Lell0r'1 property. Retention of an interest lball include activities ariling from tbe emtence of tbil Leue tbroqboat its term u tbe rme may be mended. DATED tbia _ day of ______ .• 199_. JESSEE· IESSOR: J. Michael McGbee for Clty of Litdeton • ' ' -. .. • STATE OF CX>LORADO CX>UNTY OF ____ _ • • ) ) ss. ) ' "' .. .. Sabla:ibed under oath before me by 1. Michael McGbee OD this _ day of _____ __;, 199_. My CIJIIIDIWDD apilea _______ _ NOfAR.Y PUBUC • 0 ; 'a2xl • . . STATE OF COLORADO . . '· COUNTY OF ____ _ • • • ) ) ss. ) ' ;- •• Sublcribed under oath before me by ________ on behalf of Oty of Uttleton on this_ clay of _____ --J 199 _. My cornrnimou expires _______ _ STATE OF COLORADO COUNTY OF ____ _ ) ) ss. ) NOTARY PUBLIC Sublcribed under oath before me by-------on behalf of City of Englewood OD tbil _ clay of _____ -J 199_. NOTARY PUBLIC • ' -. .. •· 0 l . -. ) l ~ ---,....,..,.,,,~------ • : § u I Jl u UF I F I r I I' r • -· h 1 ttl I ......, ii ! I( , I g i I' I Ill I i :: = I <..O _, i 111 I 11 i' .f i. I I ft I t= ! ~. = l I~ I ff • D •, I = .. t ii 11 1 it! • H I I I i 1 1 -" . ... = I f 'II I . . ! ~· 11 J . I ii ~ f I j i ...... .... "'= II r; I [1 (! i r J I I I ~ '""' H 1. 1 !!,i 1 1f i I I I I , Ji ! j i'11 I rf I [ I I I ~ r I .. 1! } I i !r I I I ! ' 1 I . 2 I ~. :,,, >c: = c:::, i! irl . 1H ,_ i i ! trl UJ = ;-O...,j _, fi I 1 f i}I I i f t (! er, ......, ......, cr> r-.J ! · I i if I f , , ii I " ,1 f f 1 i ! ( , 11 . ! . .,_, I . ~ !ff ; 1 -I ' , ~ ' •• • . ~ . \, (,.) . it\) X / o --'. , • • • . . COUNCIL co1•1 NCATION 0.. March 3, 1997 10 IV NTIATEDBY STAFF SOURCE ,. ..... Bil tor an Ordinance ID Approve Sale of Land ID COOT tor Right-of- W., and Eaements Depa1ment of Public 'Nortcs Chartel Eslerty, Dinlcb' of Public Worb COUNCL GOAL AND PREVIOUS COUNCL ACTION Council's goal is full c:oopetllliol, wilh the Colorado Depa1ment of Tra,aportallon in the Stalll Highway 85 impnwementa projeda (Santa Fe). RECOIIIIIENDED ACTION Staff 19COfflffl81ida Council approval of a Bil for an Ordinance authofizlng the sale of land ID the Colorado Department of Transpoi1allon tor rtght4-Way and IMlmant purposes . BACKGOUND, ANAL YIIS, AND ALTERNATIVES IDENTFED The Colorado o.p.trnel,t of Tranapor1allon has made a req\at ID purchase small parcels of land at the Englewood Golf Course, along Oxford Avw.ue and on the NalchN Court frontage, for UM • right-of-way and HHmenta: • 519 square fNt for right of w., tor Nalches Court • 384 squarer.et tor a perma.ent llllffllllt • 845 square fNt tor two lllmporay Ill IITIIID FINANCIAL .. ACT COOT wil pay Englewood $480 tor the parcel and 1111rrenta. Bil tor ., Ordinance -·----------.......... --- .. • . •· 0 '32xl ----------------------,·--~----ir------~------------ • • - BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997 ootJNCll. Bn.L NO. 10 INTRODUCED BY COUNCIL IIBMBER _____ _ ABn.LFOR AN ORDINANCE APPROVING THE PURCHASE OF A PARCEL OF LAND, A PERMANENT EASEMENT AND TWO TEMPORARY EASEMENTS LOCATED ALONG WEST OXFORD AVENUE BY THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF STATE HIGHWAY 85 (NATCHES COURT FRONTAGE ROAD ). WHEREAS, the Colorado Department of Transportation wishes to purchaae a parcel ofland (Project No. FCU NH (CX) 085-2(54) Unit 3, Parcel No . 316 Rev., Project Code: 90049), a permanent easement and two temporary easements, from the City of Englewood; and WHEREAS , these purchases are necessary for the construction of State Highway 85 (Natches Court Frontage Road) said property is located along West Oxford Avenue in Englewood, Colorado; and WHEREAS, the Colorado Department ofTramportation and the City mEn,lewood have agreed that the Colorado Department ofTramportation will pay '380.00 for the land and $100.00, for the Easements for a total of $460 .00 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tion 1. The City Council of the City of Englewood, Colorado benby approvee the sale of the following parcel, easement and temporary -ta, a deacripbon m which is attached hereto as Emibita 1, 2, and 3, to the Colando I>aputmmt m Tranaportation for the comtruction of State Highway 85 (Natcbea Court Pnmt.ce Road), said property is located alone West Oxford Avenue iD the City m Eqlewood, Colorado. 1. Parcel of land No . 316 Rev . of the Oeputment m'l'ramportatiOD, State of Colorado, Project No . FCU NH <CX> 085-2 (5"), Unit 3, Parcel No . 316 Rev ., Project Code : 900d, coat.eininr 519 eqaare feet, more or i..., in the NE 1/4 of the SW 1/4 « SectiOD 4 , Tawmbip 5 South, Ranae 88 Wett , of the Sinh Principal Meridian, iD Arapahoe County, Colorado, said tract or parcel of land bein( more particularly delcribed in the att.eched Deed. (Emibit 1) 2 . A permanent easement No . PE-3 UL\, Project Code : 900d, m the Department of Tranaportatioa., State of Colorado, Project No . FCU NH (CX) 085-2 (5"), Unit 3 , coatainin( 38' 1q11U9 r..t, mon or i... iD Lot 2 , SCIENTIFIC TRANSPORTATION FILING NO. 1, a 11lbcliviaion lyin( iD the NE 1/4 of the SW 1/4 of Section 4, Townabip 5 South, Rance 88 West, of the Sinh Principal Maridian, in Arapahoe County, Colorado, laid permanent euement beinr more puticularly deacribed in the a ttached Permanent ~t. (Ezbibit 2 ) -1- ' .. I ; • r • • <. A temporary easement No. TE-316A Bev . Project No. FCU NH (CX) Q85.2(54) Unit 3, Temporary Euement Project Code: 90049 of the Department of Tramportation, Stat.e of Colorado containing 550 aquare feet, more or 1-, in the N Ill of the SW 1/4 of Sec:tiOD 4, Townabip 5 South, Ranp 88 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said temporary euement being more particularly deacribed in the attached Temporary Easement. (Emibit3) A temporary easement No. TE-3168 No. Project No. FCU NH(CX) 085-2(54) Unit 3, Temporary Euement, of the Department of Tnmportation, State of Colorado, containin( 2915 aquare feet, more or 1-. in Lot 2, SCIENTIFIC TRANSPORTATION FILING NO. 1, a aubclivuion lyinc in the NE 1/4 of the SW 1/4, Section 4, Townabip 5 South, Ranp 88 West, oftbe Sixth Principal Meridian, in Arapahoe County, Colorado, said temporary easement being more particularly dNc:ribed in ~ atiacbed Temporary Easement. (Ezhibit 3) Introduced, read in full, and paaed OD ftnt reading on the 3rd day of March, 1997. Publiabecl u a Bill for Ul OrdiDaDce OD the 6th day of March 1997. 'l'llaaM J . Barna, lla,ar ATTEST : Loacriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Bapwood, Colondo, banbJ certify that tl:ie abc,,re and fanaoinr ia a true copy of a am far Ul ~. introduced, read in full, aad puaed OD ftnt readiq OD the 3rd day of llarcb, 1997. Loacriabia A. E1lia -2- . , •. .; • 0 '32xl ---------~-----------,·-----------------~---------, • • ·, • '· ............ _____ ......... __ ~,. __ ------- ""•"· No -------- _____ llnutllrt Wi\Klti\NT\' uu:11 11115 uu;u, M"" .... .,,01 .. ·-Cl'rY Of FJIGLEIIIJUII, WWRAUU, a Golor·ado HunlcJa,nl c,,r,,orolino .... •..:...,,n1 Arn1u,lme -'~"' c ....... sr-.... IIEl'ARUlf.NT !If' l'aANSl'URTATIUII snn; UI' WUJIIAUU •201 E. Arknn""~ A .. ,., 1,.,n,er , W 80222 .,._ <.:tt, And ,, ... ,.,. De11wer -~•t· ....... .......- WIINFJIIIIF.111. ,.__.,__,, •• _.., .• _.._.,._._.., $]6(J .UU 11,ree Hundred SJ •lJ nod n,,/ 1111-----------------------------------------t•NJ.MS. .tft'rirt ....... int, ............ .....,., •• wi,,.a .... ,. ....... ,..... ........... ~ .... .., ........ ~ ............... . -~-n.ar.. ....... p~ ............ .,......__ .• ., ..... ,.. ..... , .......... ....,..___ .• ., ...... .,. ............ ... c--,.., Ara .. alt0e _.._..,c.:......_ ....... .....,..: See attachH l!ahlhlt "A" dat...t Au1111at I, 199• (or Project No . f'CIJ Nll(CI) 085-2(54) Unit J Parcel No . 316 Re•. Project Code: CJUU49 .. _...,~_. ....... .. _., ....... .._. ...... . ,,,.;r.1•.a --......... -.._.... __ ......... ~-"._...........,..,, .... .., .................... '"'" .... ... -'""'--~-~ .......... _. ........... ~ ........ ~ ........... ....,...~ .. .__..~ .. .. ,. ..... rillin ..... , ....... ).••.-............. C' ... ~~--~-........_.., ... ~ ••• ""'·r. /1,,.Nlt l4t ..... J ...... _,. ........................ -..t ............... ....--,..._"-""· ...... ,. ................ ...... ..... Allil ......................... '-"" .... ..,._ ... _,_.........~""·._·.___.·,. .. · ... ,-.... ~ ........... ~ ....... ... -.... .................. _. ......................... ~ .......... ._,.... ...... ,_......_~ .............. ,-k1 .......... ............ ~ ........................ h• ............. ,. ................ " ................ , ................... c--... _ .. _, ......................... --................... _ ... _. ............. ~ ........ '*"· ........ ........,_, ~ ... INtf....._ ................. _. __ ('11ttpl , ... ,..... ........ wuaAN14N111••r,,..au111H1•*'"-"._.....,.,.... .......... ,.....,,...... .... _ . .. ~ ................ ~""'-.. ,.._ .... ...,.(" .................................................. . ........................ ., ....................... fl'llllllt ................................ ~ ....... --............ AtlHt: Cll'Y ~. coiloAOO, • «.:olor..i, H1111icl(!!l Corporalloor ll'AI! Uf aJUJll4DU l-.... . .. .. .., __ ·" ......................... --.... '"""" ..... "(.'~, ..... .. ........... , ............ ____ •• IUllldli ....... k.M. -·-.. --• --.. ........ ,M,--•.-m--t-111.ffll -MI E X H I B I T 1 .. • • • 0 1 32xl • ·;-----~-------------~- • • <. EXHIBIT .. >:' PR.OJECTNO. FCUNH(CX) 085-2(54) UNIT 3 PARCEL NO. 316 IEV PROJECT CODE: 90049 AUGUST 1, 1994 A tract or parcel of land No. 316 REV. of the Department of Transportation State of Colorado, Project Ho. FCU NB(CX)085-2(54) Unit 3 containing 519 sq. ft., more or less, in the NEl/4 of the SWl/4, Section 4, Tovnahip 5 South, Range 68 West, of the Sixt!i Principal Meridian, in Arapahoe County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the center of said Section 4; thence N.89° 47' 40"W. along the north line of the SW1/4 of said section a distance of 42.33 to the northeast corner of that property described in Rule and Order (Civil . Action No. 34576, Div.l) of the Arapahoe County records, said point also being the northwest corner of that propert:y desc=:.bed in Bk. 2591 Pg. 537, of the said county records; thence S. 15° 52' 33" w. along the easterly line of said property, also being along the wes~erly line of said Bk. 259 1 Pg. 537, a distance of 717.36 feet to the TRUE POI~ OF BEGINNING; l. Thence S. 15° 52' 33" W. continuing along said easterly proper-:y line a distance of 38.53 feet to a poin~ on the northerly line of SCIENTIFIC TRANS?ORTATION FILING NO. l, a subdivision lying in the HEl/4 of the S-~l/4 of said Section 4; 2. Thence N. 89° 20' 47" W. along the nort:herly line of said subdivision a distance of 27.92 feet; 3. Thence N. 46° 18' 15" E. a distance of 53 .18 feet, more or less, to the TROE POINT OF BEGINNING; The above described parcel contains 0.012 acre/519 square feet, more or less. BASIS OF BEARINGS: The geodetic bearing of s. 19° 54' 52" E. from point "OXFORD" to point "PRINCE" is based on a rotation of the inversed grid coordinates by the averaged convergence angle. Both GPS control monuments are 3 l/4" aluminum disks in access covers. Authored by: Scott L. Kimminau Region 6 R.O.N. 2000 S. Holly St. Denver Co. 80222 .. •· • • «• • PROJECT NO.FCUNH(CX)08S-2(S4) UNIT 3 LOCATIONS. SANTA FE DRIVE PERMANENT EASEMENT NO . PE-l 16A PllOJECI' CODE: 90049 PERMANENIEASEMENI ,I E >: H I B I T 2 KNOW ALL MEN BY THESE PRESENTS. that CITY OF ENGLEWOOD, COLOltADO. a Colorado Mullicipa1 Corpomion of A,apahoe County, State of Colorado, Grantor, &,rand in comidension of the sum of ONE DOLLAR. (Sl.00). llld other valuable consideration, in band paid by DEPAll'IMENT OF TRANSPORTATION, STATE OF COLOR.ADO, Grantee, receipt ofwbicb is hereby adalowledged. hu given and sranted 111d by these presents does hereby give and gnat unto the said Grantee, iu heirs, successors, and assigns a PERPETUAL EASEMENT on. along. over and aaoa the following described premises, to-wit: See Attached Exlubit •A• dated October 17, 1994 Proj. No FCU NH(CX) 085-2(54) UNIT l Pennanem E:uemeztt No . PE-l 16A Proj. Code: 90049 Signed this_ day of ___ 19_. Attest: STATE OF COLORADO ) ) .. COUNTYOF ) CITY OF ENGLEWOOD, COLORADO, a Colorado Muacipll Coq,anlion The foresoing UISlnmlelll WU aclmawledpd bm'e -dlil -day of ________ 19_ by My Commiaioa Expires ___ _. Witness my hand and official seal . ' ' .. ,. ~----------------........ -----.. ,--------------------------- • • - '· EXHIBlT"K PllOJECTNO. FCUNH(CX) 085-2(54) UNIT 3 PERMANENTEASEMENTNO. PE-316A PROJECT CODE: 90049 OCTOBER. 17, 1994 A permanent easement of land No. PE-3l6A of the Department of Transportation, State of Colorado, Project No. FctJ HB(CX)085-2(54} Onit 3 containing 364 sq. ft., more or less, in Lot 2, SCIENTIFIC TRANSPORTATION FILING NO.l, a subdivision lying in the NEl/4 of the SWl/4, Section 4, Township 5 South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the southeast corner of the NEl/4 of the SWl/4 of said Sec-:.ion 4; thence N. 0° 31' 20" E. along the east line of the NEl/4 of the SWl/4 of said section a distance of 50.00 feet to a point on the northerly R.O.W. line of W. Oxford Ave. (Oct. 1994); t~ence N. 89° 40' 02" w. along said nor-:herly R.O.W. line being parallel with and 50.00 feet north of the south line of the NEl/4 of t~e S~l/4 of said section~ di.stance of 694.48 feet to the southwest corner of SCIENTIFIC TRANSPORT.ATION FILING NO. l; thence N. 0° 20' 50" E . along the westerly line· of said subdivision a distance of 12 .00 feet to t~e TROE POINT OF BEGINNING; l. Thence s. 0 ° 20' 50" W. along said westerly line a di.stance of 12.00 feet to a point on said nor:herly R.O.W. line of W. Oxford Ave.; 2. Thence s. 89° 40' 02" E. along said northerly R.O.W. line a distance of 29.Sl feet to the easterly line of that property described in Bk. 7560, Pg. 363 of said county records; 3. Thence N. 0° 20' 50" E. along said easterly property line a distance of 12.67 feet; 4. Thence s. 99• 01' 52" W., a distance of 29.52 feet, more or less, to the TROE POINT OF BEGINNING. The Above described easement contains 0.008 acra /364 square feet, more or less, for stor:11 saver construction and maintenance. BASIS OF BEARINGS: The geodetic bearing of S . 19° 54' 52" E. from point "OXFORD" to point "PRINCE" is based on a rotation of the inversed qrid coordinates by the averaged convergence angle. Both GPS control monuments are 3-1/4" aluminum disks in access covers. Authored by: Scott L. lti.mminau Region 6 R.O.W. 2000 S. Holly St. Denver CO 80222 I· • .,---------------------~--- • • '· PROJECT NO . FCUNH(CX) OIS-2(S4) Unit 3 LOCATIONS. 51111a Fe Drive TEMPORAllY EASEMENT NOS. TE-316A Rev. &: TE-3168 PROJECT CODE: 90049 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS CITY Of ENG fWOOP COi QB 400 a Colondo Mnnicipal Coq,amioo of the County of e'A1Pboc Staie of Colorado. bereimfter called the •Gnmor", tbr and in considerabon of'tbe mm of'ONE DOLLAR. (Sl.00), and other valuable consideruion to Gnmor(s) in band paid by die DEP AR.TMENT OF TRANSPORTATION, STATE OF COLORADO, hereinafter called the •0epanmem•, receipt of which is hereby aclalowledpd. hu given and gramed and by these presents does hereby give and p'IDl umo the said Department RIGHT-OF-WAY and EASEMENT on, along, over and across the following descn'bed premises, to-wit: See Attached Exhibits •A• dated March 24, 1994 &: Oc::ober 17, 1994 for Proj. No. FCU NH(CX) 085-2(S4) Unit 3 Temporary Euemem Nos. TE-l 16A Rev . cl: TE-3168 Project Code: 90049 IN WITNESS WHEREOF, bereuMo sec hind aad mi dlis day of ----19_ A.D . Attest: CITY OF ENGLEWOOD, COLORADO A Coiondo Municipl1 Corponaon CDOTl301a 1193 ~ X H I B I T 3 . . .. . ' • 0 f 32xl - - • • ·., • ,,. • " • <. EXHIBIT .. A" PROJECT NO. FCU NH(CX) 08S-2(S4) UNIT 3 TEMPORAllY EASEMENT NO. TE-316A REV . PROJECT CODE: 90049 MA1lCH 24. 1994 A temporary easement of land No. TE-316A Rev. of the Department of Transportation, State of Colorado, Project No. FCU NB(CX)085-2(54) Unit 3 containing 550 sq. ft., more or less, in the Nl/2 of the SWl/4, Section 4, Township S South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel being more particularly desc=ibed as follows: Commencing at the SW 1/16 come= of said Section 4; thence N. 94• 47' 14" N. a distance of 940.52 feet to the TRUE POINT OF BEGINNING; 1. Thence N. 0° 19' 59" E., a distance of 5.00 feet; 2. Thence N. 89° 40' 01" N., a distance of 110.00 feet; 3. Thence s. o• 19' 59" w., a distance of 5.00 feet to a point on the southerly line of that properi:y described in Rule and Orde= (Civil Action No. 34576, Div.l) of t~e Arapahoe County records; 4. Thence S. 89° 40' 00" E. along said southerly proper-:y line a distance of 110.00 feet, more or less, to the TRUE POINT OF BEGINNING. The above described easement contains 0.013 acre/550 squa=e feet, more or less, for stor.11 sewer construction. BASIS OF BEARINGS: The geodetic bearing of s. 19° 54' 52" E. from point "OXFORD" to point "PlUlfCE" is based on a rotation of the inversed grid coordinates by the averaged convergence angle. Both GPS control monuments are 3 1/4" aluminum disks in access covers. Authored by: Scott L. Kimminau Region 6 R.O.N. 2000 S. Holly St. Denver Co. 80222 . . '~ • "' l ' . , • . .. I . • • ·, • EXHIBIT"A" PROJECT NO. FCU NH(CX) 085-2(54) UNIT 3 TEMPORAllYEASEMENTNO. TE-3168 PROJECT CODE: 90049 OCTOBEll 17, 1994 A temporary easement of land No. TE-316:a of the Department of Transportation, State of Colorado, Project No. FCU NH(CX)085-2(54) Unit 3 containing 295 sq. ft., more or less, in Lot 2, SCIENTIFIC . TRANSPORTATION FILING NO.l, a subdivision lying in the NEl/4 of the SWl/4, Section 4, Township 5 South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the southeast corner of the NEl/4 of the SWl/4 of said Section 4; thence N. 0° 31' 20" E. along t:ie east line of the NEl/4 of t:ie S"'~l/4 of said section a distance of 50.00 fee~ to a point on t:ie northerly R.O.W. line of W. Oxford Ave. (Oct. 1994); thence N. 89° 40' 02" W. along said northerly R.O.W. li.::e being parallel wit::i and 50.00 feet north of the sout:!l line of the NEl /4 c:: t!le SWl/4 of said section a distance of 694.48 feet to the sout::iwes~ cor~er of SCIENT!F:c TRANSPORTATION FILING NO. l; thence N. 0° 20' 50" E. along the westerly line of said subdivision a dist:ance of 12.00 :eet to t!le TROE POINT CF BEGINNING; 1. Thence N. 0° 20' 50" E. along said west:erly line a distance of 10.00 feet. 2. Thence N. 89° 01' 52" E. a distance of 29.52 feet to the easterly line of that property described i~ Bk. 7560, Pg. 363 of said county records; 3. Thence s. 0° 20' SO" W. along said easterly property line a distance of 10.00 feet; 4. Thence s. 89° 01' 52" w., a distance of 29.52 feet, more or less, to the TROE POINT OF BEGINNING. The above described easement contains 0.00 7 acre/295 square feet, more or less, for storm sewer construction . BASIS OF BEARINGS: The geodetic bearing of S . 19° 54' 52" E. from point "OXFORD" to point "PRINCE" is based on a rotation of t!le inversed grid coordinates by the averaged convergence angle . Both GPS control monuments are 3-1/4" aluminum disks in access covers. Aut!lored by: Scott L. !Cimminau Region 6 R.O.W. 2000 S. Holly St. Denver CO 80222 .... • . ; •· 0 1 a2xl • • .. • ... CITY COUNCIL AGENDA ITEM COVER FORM ~ncil Communication Bill for an Ordinance Resolution Other _________ _ __ Regular Agenda ~oiisentAgenda __ Public Hearing __ Special Meeting Attachments and Order of Items in the Council Communication Reviewed by City Attorney Io o. v,~· Comments ______________________ _ •, .. • 0 BIOLtmON NO.;f/ SERIES OF 1997 --'l) · ... <, . ,.. • " A MIOLlfflOII aT.ABI.J811JNG '1'BB ANNUAL MLAaT JOB TIIB CITY MANAGER. , 10 a vi WHEREAS, the City Council, by Section 49 of the En,lewood Home Rule Charter, bu the 1'99J1(1Uibility of appointin( and establiabin, compeuation of the City Manqer; NOW, THBBEPOllE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectim 1. Tbe UDaal aalary far the City llwpr, commmciac July 1, 1986, ia hereby ~-Sl8,NO. Sectim 2. The UDaal aalary tbr the City Maaapr, com-=in1 January 1, 1997, ia benby eatlbtiebed at 888,150. ADOPl'ED AND APPROVED tbia 3rd day of March, 1997. ATTEST: Louaubia A. Ellia, City Clerk I, Louaiabia A. Ellia, City Cl.tt far the City of Bnpewood. Colando, banby c:atify the above ia a au copy of Reeolatiaa No. _, S... of 1817. .. . ,... • • ORDINANCE NO. _ SERIES OF 1997 • • i . BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE BXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS UCENSES FOR AN ADDITIONAL PERIOD OF FOUR MONTHS. WHEREAS, the Englewood City Council established a temporary SU8pel18ion or moratorium on certain miscellaneous business licenses for the period of June 10, 1996 through December 10, 1996; and WHEREAS, the City Council of the City of Englewood extended the moratorium to April 10, 1997, with the passage of Ordinance No . 55, Series 1996; and WHEREAS, an additional extension of 3 months (July 10, 1997) will give staff' more time to review licenses and complete the studies of licensing and zoning impacts; and WHEREAS, the current miscellaneous business licensing procedures are antiquated and need to be updated; and WHEREAS, City Council has directed staff to review and revise, if necessary, the miscellaneous business licenses for the City; and WHEREAS, staff will need additional time to review and coordinate the miscellaneous business licensing provisions of the Englewood Municipal Code; and WHEREAS, Council deems it necessary to coordinate the review of its miscellaneous businesses licenses and finds it appropriate to cease licensing until the review and revised procedures are reviewed by the ltaft' and City Council; and WHEREAS, the Englewood City Council has also directed City staff to review the Broadway corridor zoning and appropriate WM!II for the corridor and has recently included industrial zoning to this request; and WHEREAS, the City Council has indicated that the study of the Broadway retail corridor and industrial zoning should be coordinated with the updating of licenaing; and WHEREAS, in order for the City to comply with the argument. made in Or 1,irnited ys City of Englewood Case No. A86CV1243, the moratorium or temporary suspension must apply to all miacellaneoua buaineu lice-unleu 1pecific exemptiona can be legitimately eet forth bued OD a finding that a particular type of busineu should be excluded from that NCtion of the Code bu been reviled; and WHEREAS, the revision, to the milcellaneoua bueineu licensee and the updating of the Broadway corridor and induetrial zoning will help protect the public health, safety and welfare by: preserving the IOWld fiKal balance for the City in providing ..... 10 b t ... I· 0 • • - municipal services within the City limits; by maintaining a sound balance between available public resources, facilities and services and the demands for such services; and by preserving a safe, healthy, and sound environment within the City; and WHEREAS, the citizens of Englewood and the City Council have determined that revisions to the current zoning along the Broadway corridor and the current industrial zoning are necessary to promote, coordinate, innovate, high quality plan to produce a well balanced corridor in the City; and WHEREAS, the City Council finds that an additional four month moratorium or temporary suspension of licensing is necesaary to implement the licensing revisions and to provide time for the Broadway corridor and industrial revisions study; and WHEREAS, the liquor licensing provisions adequately insure a needs and desires testing of applicants and should therefore be exempt &om this temporary suspension or moratorium; and WHEREAS, seasonal or one time businesses will not significantly impact the miscellaneous business licensing or zoning of the Broadway corridor and should therefore be exempt &om this temporary suspension or moratorium; and WHEREAS, the following licenses have been revised and amended by Council and the temporary 11uspension or moratorium has been lifted : Alcohol Beverages (State and local control). Amusement Arcade Liceruie . Amuaement Center Liceruie. Arborist License. Auction House License. Billiards and Pool Hall License. Bowling Alley License. Carnival License. Circus License. Contractor Licensing: Clue A. Cius 8, Clue C, Clue D, Cius E, and Cius F. Food Vendor Liceruie. Christmas Tree Dealers (Seasonal). Certificate. of re,iatratiOIIB for electrical, plumbinc and plumbing/mechanical. Going Out of Business, Fire, Smoke and Water Damapd Goods Sales (temporary in nature). Ice Cream Vendor License . Itinerant Auctioneer Licenae . Itinerant Show License. Massage Therapy Clinic License. Massage Therapist Liceruie . Massare Therapist Clinic . Police and Detective Servicea (private firma) License. Public Dance or Ball License. Shooting Galleries. -2- , I· 0 • • • <. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT THE TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES SHALL CONTINUE THROUGH JULY 10, 1997, AND SHALL CONTAIN THE FOLLOWING PROVISIONS : Section 1. Said moratorium or temporary suspension of miscellaneous business licenses shall include the following: Automobile Wrecking or Junk Yard License. Adult Book Store License . Adult Motion Picture Theater License. Adult Dancing Establishment. Convalescent and Rest Home License. Direct Selling and Itinerant Vendon License . Pawnbroker License. Temporary Employment Services License. Ses;tjop 2. Said moratorium or temporary suspension of miscellaneous business licenses shall not include the following : Alcohol Beverages (State and local control). Amusement Arcade License. Amusement Center License. Arborist License. Auction House License. Billiards and Pool Hall License. Bowling Alley License . Carnival License. Circus License. Contractor Licensing: Class A, Class B, Claaa C, Class D, Claaa E, and Claaa F . Food Vendor Liceme. Christmas Tree Dealers (Seasonal). Certificates of registrations for electrical, plumbing and plumbing/mechanical . Going Out of Buaineu, Fire, Smoke and Water Damapd Goods Sales (temporary in nature). Ice Cream Vendor Liceme. Itinerant Auctioneer Liceme. Itinerant Show Liceme. Massage Therapy Clinic License. Maaaage Therapist License. Massage Therapist Clinic. Police and Detective Services (private firm1) Liceme. Public Dance or Ball Liceme. Shooting Galleries. Sectiop 3 . The Engl-ood City Council directs City ataft'to develop appropriate recommendatiom to Council, to be mnaistent with thia Ordinance and to provide an updatine of the City licensiq procedure for milcellaneoua buainNa licema and to provide recommendationa u to induatrial mninr and the amin, of the Broadway corridor. -3- - .. I· • • h • .. Sec;tign ,. The City Council finda the proviaiona or thia Onlinance are temporary in nature and are intended to be replaced by aubaequent legialative enactment. 'lbe temporary suspension of miecell•neoua buain-licenw u apecified in thia Ordinance shall terminate cm July 10, 1997. Introduced, read in full, and puaed oo first reading oo the 18th day of February, 1997. Publiahed u • Bill for an Ontinmce OD the 20th day of February, 1997. Read by title and puBed OD final reading OD the 3rd day of March, 1997. Publiahed by title u Ontinmce No. _, Series of 1997, OD the 6th day of March, 1997. Tbomu J . BUJ'llll, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahi• A. Ellie, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and fonaoinc ill • true copy of the Ordinance puaed on final reading and publiabed by title u Ordinance No ._, Seri• of 1997. -4- . ' .. : • 0 1 32xl ------------------------------------------------------ • ORDIN.\NCB NO. _ SER.IF.S OF 1997 • • '· BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 12, CHAPl'ER 2, SECTION 1, SUBSECTION D , OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS, the City Council of the City of Englewood, Colorado approved the Wastewater Utility section with the passage of Ordinance No . 58 , 1991 WHEREAS, the Environmental Protection Agency completed an annual audit on the Industrial Pretreatment Program in 1996; and WHEREAS, the EPA have required that definitions which are found in the Code of Federal Regulations, also be identified in the wastewater ordinance; and WHEREAS, in addition the federal definition for Pass Through, the definitions for Best Management Practice and Best Professional Judgment have been added to clarify terms which were used in amendments completed in March and November 1995; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;igp 1. The City Council of the City of Englewood., Colorado hereby approves amending Title 12, Chapter 2, Section 1, Subeection D, of the Englewood. Municipal Code 1985 with the insertion of the following definitions in alphabetical order: 12-2-1: GENERAL PROVISIONS: D . Definitions/Abbreviations . Unless the contell:t specifically indicates otherwise, the following terms and phrasN, u uaed in tbio Chapter, shall have the meanings hereinafter designated: BEST MANAGEMENT PRACTICE: ANY REASONABLE PRACTICE OR PROCEDURE DEEMED NECESSARY BY THE CITY, TO PREVENT, ABATE, OR REMEDY THE CONSEQUENCES OF THE INTRODUCTION OF UNLAWFUL POLLUTANTS OR CONCENTRATIONS OF POLLUTANTS INTO THE POTW BY AN INDUSTRIAL OR COMMERCIAL USER TO THE EXTENT TECHNICALLY AND ECONOMICALLY PRACTICAL. BEST PROFESSIONAL JUDGMENT: THE IUGHEST QUALITY TECHNICAL OPINION DEVELOPED AFTER CONSIDERATION OF ALL REASONABLY AVAILABLE AND PERTINENT DATA OR INFORMATION. -1- te'1I ff I· 0 • . " • <. PASS THROUGH: A DISCHARGE WIUCH EXITS THE POTW INTO WATERS OF THE UNITED STATES IN QUANTITIES OR CONCENTRATIONS WIUCH, ALONG OR IN CONJUNCTION WITH A DISCHARGE OR DISCHARGES FROM OTHER SOURCES, IS A CAUSE OF A VIOLATION OF ANY REQUIREMENT OF THE POTW'S NPDES PERMIT (INCLUDING AN INCREASE IN THE MAGNITUDE OR DURATION OF A VIOLATION . Introduced, read in full, and puaecl on fint reading on the 18th day of February, 1997. Published aa a Bill for an OrdiDaDce on the 20th day of February, 1997 . Raad by title and paaed on final readinr on the 3rd day of March, 1997 . Publiabed by title u OrdiDaDce No. __, S.-of 1997, on the 6tb day of March, 1997. 'lbomu J . Burm, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk of tbe City of ......... Colando, ._..,, certify that the above and ronaom, ia a true copy of tbe Orclinuce puNCI on 6aal readinf and publiabed by title u Orclinuce No. _, Sen.. of 1997. -2- - ' ' .. . , •. • 0 1 J2xl • ORDINANCE NO . SERIES OF 1997 • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF THIS ORDINANCE IS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WHICH REGULATE THE CONCRETE UTILITY BY CREATING IN TITLE 12, A NEW CHAPTER 8 -CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND. WHEREAS, in order to promot.e the public health, safety, and welfare by controlling the coets of concrete replacement and repair within the City of Englewood, Colorado; and WHEREAS, to establish a Concrete Utility and Concrete Utility Enterpriae Fund to reallocate the coet and responsibility of maintaining the City's concrete infrastructure; and WHEREAS, 11-38-1, E.M .C . makes it the responsibility of every property owner to maintain the concrete curbs, gutten, and sidewalks adjacent to their property; and WHEREAS, the City is responaible for maintaining all remaining concrete: retW'llll, catch basinJI, croupana, concrete alleys, and alley entrances; and WHEREAS, the Concrete Utility and Concrete Utility Enterpriae Fund will provide a type of "concrete inJlurance" at a .-e.-able coat ($5 to $7 per quart.er for a typical residential property) and a convenient way to pay (96% of the fees could be collect.eel with the water and -er bills); and WHEREAS, the City would contribute ita ahare of the f-juat like any private owner; and WHEREAS, thia new Chapter will provide for a portion of the coocret.e f-OD comer properties to be elll!lllpt u a .-It of a reduction in fees to corner propertiN which the City in general would pay for; and WHEREAS, the Englewood City Council finch that each owner of a lot or parcel of real property within the City, should pay for the uae and the availability of uae of the Concrete Utility and Concrete Utility Enterpriae Fund; and WHEREAS, there will be a fee imposed for uaen of the Concrete Utility for the replacement and repair of concrete u deecribed in this Chapter; and WHEREAS, auch fee will be hued upon the amount of concrete attributable to the property pursuant to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -I - .. I· 0 '32 x l • • ,Ai.e~ -ro fie-,fad C .JJ IC( ____--:-- ft!:.~ o/~1 -dL ~~~J,11, 1i ~#i.21/ir . ' ' . . .. I· 0 . . . i ,~ • • • t• . ' • Section 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 UTILITY AND CONCRETE UTILITY ENTERPRISE FUND: 11-8-1: DEFINITIONS: BACK OF WALK: CORNER PROPERTY: IMMEDIATELY ADJACENT : INFRASTRUCTURE CONCRETE: SIDEWALK: THE EDGE OF A SIDEW ALIC 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 PEDESl'RIANS AND WHICH ARE LOCATED BETWEEN THE ROADWAY OR CURB AND PRIVATE PROPERTY LINES. 11-8-Z: RULES AND REGULA110N8; AIIBNDIIENTS: 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· • 0 '32xl • • 0 I • • 12-8-3: CONCRETE UTILITY: A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY MANAGER , EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER. B. THE CITY MANAGER , SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND . THE CITY MANAGER OR HIS DESIGNEE MAY PRESCRIBE FORMS , RULES AND REGULATIONS IN CONFORMITY WITH THIS CHAPTER; FOR THE ASCERTAINMENT, COMPUTATION AND COLLECTION OF THE FEES AND CHARGES IMPOSED IN THIS CHAPTER AND ANY FUTURE RESOLUTIONS OF THE CITY COUNCIL; AND FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE CITY MANAGER MAY DELEGATE THE ADMINISTRATION OF TIDS CHAPTER 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 THIS CHAPTER, SUBJECT TO APPEAL. 12-M: SCOPE: A. ONLY CONCRETE CURBS, GUTTERS , SIDEWALKS, DRAINAGE FACILITIES, AND OTHER ASSOCIATED CONCRETE LOCATED WITIDN 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 OTHER SIDE OF THE STREET, IS ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER . GENERALLY, CONCRETE BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY LINES) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPTIONS MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR HIS DESIGNEE . B . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER . C. THE UTILITY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID PROPERTY; FEES FOR NON-ADJACENT CONCRETE , BUT WITHIN THE ABOVE DEFINED LIMITS, WILL BE PAID BY THE CITY . D . E . THE CITY WILL BE A FULL PARTICIPANT IN THE CONCRETE UTILITY, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED ON THE AREA OF INFRASTRUCTURE CONCRETE AND CONCRETE ADJACENT TO CITY FACILITIES. MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE RESPONSIBILITY OF THE CITY. -3- •. I· 0 • • \. F . THIS CHAPI'ER DOES NOT APPLY TO NEW CONCRETE, ONLY MAINTENANCE OF EXISTING CONCRETE. 12-8-6: AUGMENTS-DOES NOT REPLACE EXISTING PROVISIONS: A . THIS CHAPI'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 11-38-1 OF THIS CODE DOES NOT CHANGE. B . EXCEPT AS AMENDED, EXISTING LAW DOES NOT CHANGE . u.&8: UBER PEES: A . THERE IS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND WITHIN 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 CHAPI'ER 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 COMPLETE THE STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO BRING THE CONCRETE WITHIN THE RIGHT-OF-WAY OF THE PUBLIC STREETS INTO COIIPLIANCE WITH ALL STATE AND FEDERAL REGULATIONS AND THE REQUIREMENTS OF THE CITY AS CONTAINED HEREIN . 3 . REIMBURSING OF OTHER CITY FUND DMSIONS 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, PROPORTIONAL CREDITS SHALL BE RECEIVED FOR SERVICES RENDERED TO OTHER DEPARTMENTS BY THE CONCRETE trrlLITY. -4- .. •· , • • • • .. -... C . THE ENGLEWOOD CITY COUNCIL HEREBY GIVES APPROVAL OF ESTABLISHMENT OF A CONCRETE lmLITY 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 THIS 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 THIS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER PUBLIC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE UTILITY PROJECTS. U,8.'7: BXEIIPl10N POil COBNBll PBOPBilTIB8: A. LOTS OR PARCELS OF LESS THAN ONE CITY BLOCK THAT FRONT ON MORE THAN ONE STREET OR OTHER TYPE OF PUBLIC RIGHT OF WAY, EXCLUDING ALLEYS, WILL CONSIST OF PRIMARY AND SECONDARY FRONTAGES AND MAY BE ALLOWED AN EXEMPTION OF 70'J, OF THE TCYl'AL AREA OF CONCRETE ALONG THE SECONDARY FRONTAGES, WHERE THE FEE FOR SAID EXEMPTION WILL BE PAID BY THE CITY. 8 . THE STREET ALONG WIDCH THE LOT OR PARCEL IS LEGALLY ADDRESSED WILL BE A PRIMARY FRONTAGE . SOME PARCELS MAY HAVE MORE THAN ONE PRIMARY FRONTAGE AS DETERMINED BY THE CITY . 11-8-8: mllPORARY BIBIIPTION POil CONCIIB'l1C 1JNDEB WARBANTY · PAR'l1AL BBDUCl'ION IN nB8: 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 FlmJRE CONCRETE NOT CONSTRUCTED BY THE UTILITY YUST BE COVERED BY A WARRANTY AND WILL BE TEMPORARILY EXEMPTED FROM UTILITY FEES FOR THE WARRANTY PERIOD. 8 . ONCE THE CONCRETE WARRANTY 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 . -5 - • . .. •· 0 1 32xl • • . , . • C . THIS 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). 1~ BR.LING 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 UTILITIES DEPARTMENT . C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL. 12-8-10: DELINQUENCY AND COu..BCTION: A . DELINQUENCY SURCHARGE . FEES LEVIED IN ACCORDANCE WITH THIS CHAPTER 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. B. NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL BE A LIEN 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 LIEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY OWNER . NO CHANGE OF OWNERSHIP SHALL AFFECT THE APPLICATION OF THIS CHAPTER, 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· ------------------------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 AND 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 SUBMI'M'ED 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-PARTICIPATION PROVISION: A. OWNERS MAY ELECT TO "OPT-OUT" OF THE UTILITY {NOT PAY UTILITY FEE) AND FUND ALL REPAIRS PERSONALLY B . 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). -7- ' ... ., I· • • . . .. ' . .. • . lS,8.11: ADIIINlll'IBATI\III: DVIBW AND APPSALII: ANY OWNBR WHO DISPUTES THE AMOUNT OF THE CHARGBS MADE PURSUANT TO TID8 CHAPl'ER, OR WHO DISPUTBS ANY OTHER DETERMINATION MADE BY OR ON BEHALF OF THE CITY PUBSUANT TO TRIS CIIAPTEll, MAY PBTfflON THE CITY MANAGER POR A IIEABING ON A REVISION OR MODD'ICATION OF SUCH CIIARGB OR DETERIIINATION NO LATER THAN TBIRTY(SO) DAYS AFTE1l HAVING BEEN BILLBD POR SUCH CHABOE OR AFl'D HAVING BEEN NOTIJ'IED OF SUCH DETBRIIINAflON. THE CITY IIAN.AGBll llAY CONDUCI' SUCH A IIBABING BPISBI•, OR AT BIB 801.B Dl8CBB'ft0N, IIAY DBSIGNATE AN On"ICD oa DIPLOYBB OP 'l'IIB C2TY AS A IIEABING OfflCER WITII AU'l'BOanT TO BOLD SUCH IIMIIINOS. PUllTBBll APPBAL IIAY BE IIADB TO 'l'IIB DIB'l'IIICI' OOUllT Al'TBll A DECISION BAS BDN IIADB BY 'l'IIB CITY IIANMmll oa BIB DBSIGNBE OR AFl'D ONB IIUMDIIBD AND TWBNTY (UO) DAYS D' A DECISION HAS NOT BDN DNDBIIBD BY 'l'IIB CITY IIANMlD OR IDS DBSIGND. ATTUT: I, L 11 I ti A. .... QlrO.f/1 .. ~ol ......... Calarlllle, ....... ..., ._ ....... _. .. a I 1••.._....,t1a•t..mO.lf 1,Wa I I, ...... .. ...................... fl ..... 1117. -·- . ' • . • • Date March 3, 1997 INITIATED BY • • •, • COUNCL Co..uNICATION 11 a i STAFF SOURCE Subject Bil for an Ordinance, Concrele Utility Department of Public Works Charles &lar1y, DinlctDr of Public Works COUNCIL GOAL AND PREVIOUS COUNCI. ACTION To reallocate the cost and responsibillty of maintaining the Cly's concna infrastrudure. This topic has been discussed numerous times since it w first pntMnllld 1D Council in 1988, including a cltizenlstllt'f Conaellt Task Force. This w moat recently diacoued at the study NUion on Decembel 2nd, 1996. RECOIIIIIENDED ACTION Staff l9COl'llfflellds Councl approval of a BIi for an Onfinance 1D form a eona. Ulllty; consideration of a new chapl8r 1D the El iglewood Municipal Code; and establllhing a dal8 for a Public Hartng on April 7, 1997 to receive citizen input BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTFED Section 11-38-1 of the Municipal Code makes it the responsibility of fNWY property owner ID maintain the concrete curbs, gulln, and lidewalka act;acent ID their prope,ty. The City is ,-ponsible for maintaining al reniaining concrea: IIIIUms, calch basins, cn,eapaiis, concrete allays, and alley •llrWICN. The eona... Ulllty wll provide a eort of·~ insuranca" at • wlable cost ($5 ID S7 per quar18r for a typiclll l'9Sidential property) and a convenient_,, ID pay (118% of the fees could l,e collaclild wilh the waler & ..... bills). The City would contribute it's sla9 of the fees just .. my privaa owner. In lllil propoul, a portion of the fees for~ on comer piapertiN would a. w,plld. Thil rw,lls in a r9dudlon in fees ID comer properties which a. Cly in gewal would pay for. At. a. December 2"" lludy NUion, _,, W81 dir9Clld IO .V..-the fNllllly of olllrtrl9 a 50% _,.,., vs a 70% -••• for 1tw propeltiN. Appoacin.-e, $587,000 in ... would l,e oaladld-=tl ,..., of-*11 .. City CMlal would pay $174,000 and individual property w would pay 1393,000-~ a 70% _..,, la appnwed. ......... ___ .. ________ ...., ' . . .. • • • • BY AUTHORITY ORDINANCE NO._ COUNCILBILLNO. 14 SERIES OF 1997 =~C~CIL ABILLFOR AN ORDINANCE CREATING A CONCRETE UTILITY AND ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO. THE PURPOSE OF THIS ORDINANCB IS TO PBO'l'BCT TBE PUBUC HEALTH, SAFBTY AND WELFARE AND TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS WHICH BBGULATB THE CONCBBTB trmn'Y BY COATING IN TITLE 12, A NEW CHAPTER 8 -CONCRETE UTILITY AND CONCRETE UTILITY ENTBRPRISE PUND. 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 Enterprise Fund to reallocate the cost and responsibility of maintaining the City's concrete infrastructure; and WHEREAS, ll-3B-1, E.M.C . makes it the responsibility of every property owner to maintain the concrete curbs, gutten, and sidewalks adjacent to their property; and WHEREAS, the City is responsible for maintaining all remaining concrete: returns, catch basins, croupana, concrete alleys, and alley entrances; and WHEREAS, the Concrete Utility and Concrete Utility Enterpriae Fund will provide a type of "concrete insurance" at a reuonable coat ($5 to S7 per quarter for a typical residential property) and a convenient way to pay (96'1, of the fees could be collect.ed with the water and aewer billa); and WHEREAS, the City would contribute ita lbare of the r-juat lib any private owner; and WHEREAS, this new Chapter will provide for a portion of the concrete fees on comer properties to be exempt u a reault of a reduction in fees to comer propertiea which the City in general would pay for; and WHEREAS, the Englewood City Council finds that each owner of a lot or parcel of real property within the City, ahould pay for the use and the availability of use of the Concrete Utility and Enterprise Fund; and WHEREAS, there will be a fee impoaed for usen of the Concrete Utility for the n!placement and repair of concrete u deacribed in thia Chapter; and WHEREAS, IIUCb fee will be based upon the amount of concrete attributable to the property pursuant to thia Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- • I· 0 • . ..-------------------------------- • Section 1. The City Council of the City of Engel wood, 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 UTILITY AND RN'J'ERPRISE FUND; 12-8-1: DEFINITIONS: 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, AND IT SHALL NOT INCLUDE WALKWAYS WHICH ARE CONSTRUCTED AS AN INTEGRAL PART OF THE CURB AND GUTTER. 12-8-2: RULES AND BEG1JLA110N8; AMENDIIENTS: RULES AND REGULATIONS OF THE CONCRETE UTILITY AND 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· 0 .------------------------- •. 0 ,~ - 12-8-3: CONCRETE UTILITY: A. THERE IS HEREBY CREATED A CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND UNDER THE CONTROL OF THE CITY MANAGER, EMPOWERED TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER . B. THE CITY MANAGER, SHALL BE RESPONSIBLE FOR THE MANAGEMENT OF THE CONCRETE UTILITY. THE CITY MANAGER OR HIS DESIGNEE MAY PRESCRIBE FORMS, RULES AND REGULATIONS IN CONFORMITY WITH THIS CHAPl'ER; FOR THE .. ASCERTAINMENT, COMPUTATION AND COLLECTION OF THE FEES AND CHARGES IMPOSED IN THIS CHAPTER AND ANY FUTURE RESOLUTIONS OF THE CITY COUNCIL; AND FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THIS CHAPl'ER. THE CITY MANAGER MAY DELEGATE THE ADMINISTRATION OF THIS CHAPTER 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 THIS CHAPTER, SUBJECT TO APPEAL . 12-8-4: SCOPE: A. ONLY CONCRETE CURBS, GUTI'ERS, SIDEWALKS , DRAINAGE FACILITIES, AND OTHER ASSOCIATED CONCRETE LOCATED WITHIN 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 OTHER SIDE OF THE STREET, IS ELIGIBLE FOR COVERAGE UNDER THIS CHAPTER. GENERALLY, CONCRETE BEYOND THESE LIMITS (BETWEEN BACK OF WALK AND PROPERTY LINES) IS EXCLUDED FROM COVERAGE; ALTHOUGH EXCEPTIONS MAY BE ALLOWED AT THE DISCRETION OF THE CITY MANAGER OR HIS DESIGNEE . B . CONCRETE SITUATED ON PRIVATE PROPERTY IS NOT ELIGIBLE I FOR COVERAGE UNDER THIS CHAPTER. • c . THE UTILITY FEE FOR CONCRETE IMMEDIATELY ADJACENT TO PRIVATE PROPERTY WILL BE CHARGED TO THE OWNER OF SAID PROPERTY; FEES FOR NON-ADJACENT CONCRETE, BUT WITHIN THE ABOVE DEFINED LIMITS , WILL BE PAID BY THE CITY. D . THE CITY WILL BE A FULL PARTICIPANT IN THE PROGRAM, PAYING THE SAME FEE AS OTHER PARTICIPANTS BASED ON THE .,; • AMOUNT OF INFRASTRUCTURE CONCRETE AND CONCRETE I ADJACENT TO CITY FACILITIES. • E . MAINTENANCE OF CONCRETE IN PUBLIC ALLEYS REMAINS THE RESPONSIBILITY OF THE CITY. 0 -3- • • • F . THIS CHAPl'ER DOES NOT APPLY TO NEW CONCRETE, ONLY MAINTENANCE OF EXISTING CONCRETE . 12-8-5: AUGMENTS· OOF.8 NOT REPLACE EXISTING PROVISIONS: A . THIS 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 11 -3B-l OF THIS CODE DOES NOT CHANGE . B . EXCEPT AS AMENDED, EXIST1NG LAW DOES NOT CHANGE . 12-8-6: USER FEES: A . THERE lS HEREBY IMPOSED ON EVERY LOT OR PARCEL OF LAND WITHIN 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 CHAPl'ER 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 PUBUC CONCRETE IN THE CITY AND ALL OTHER FACILITIES NECESSARY TO ADEQUATELY PROVIDE FOR TRANSPORTATION IN THE CITY. 2 . FUNDING OF ALL COSTS, INCLUDING BUT NOT UMITED TO ADM1NISTRATIVE COSTS, STUDIES, EQUIPMENT, CONSULTANTS, LABORATORY TESTING, PERSONNEL COSTS, AND SYSTEM DIPROVEMENTS, NEEDED TO COMPLETE THE STUDIES AND MANAGEMENT PROGRAMS NECESSARY TO BRING THE CITY'S CONCRETE INFRASTRUCTURE 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 CITY'S CONCRETE INFRASTRUCTURE . ALL REIMBURSEMENTS MUST BE PROPORTIONAL TO SERVICES RENDERED BY OTHER DEPARTMENTS, AND , UKEWISE, PROPORTIONAL CREDITS SHALL BE RECEIVED FOR SERVICES RENDERED TO OTHER DEPARTMENTS BY THE CONCRETE UTIUTY. -4- ..... • . .. I· 0 • . , . • 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 THIS 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 THIS CHAPTER, AND THOSE ANTICIPATED TO BE COLLECTED, TO PARTICIPATE WITH OTHER PUBLIC ENTITIES, HAVING A COMMON INTEREST, IN CONCRETE UTILITY PROJECTS. 12-8-7: EXEMP110N FOR CORNEil PBOPEIH'IE8: A. LOTS OR PARCELS OF LESS THAN ONE CITY BLOCK THAT FRONT ON MORE THAN ONE STREET OR OTHER TYPE OF PUBLIC RIGHT OF WAY, EXCLUDING ALLEYS, WILL CONSIST OF PRIMARY AND SECONDARY FRONTAGES AND MAY BE ALLOWED AN EXEMPTION OF 70% OF THE TOTAL AREA OF CONCRETE ALONG THE SECONDARY FRONTAGES, WHERE THE FEE FOR SAID EXEMPTION WILL BE PAID BY THE CITY. B . THE STREET ALONG WHICH THE LOT OR PARCEL IS LEGALLY ADDRESSED WILL BE A PRIMARY FRONTAGE. SOME PARCELS MAY HAVE MORE THAN ONE PRIMARY FRONTAGE AS DETERMINED BY THE CITY. 11-8-8: TEMPOBABY DEIIP'l10N l'Oll CONCIIBTE UNDEll WAIIBANTY • PAll'IUL BEDUcnON IN FBB8: A . CITY ORDINANCE 11-3B-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. 8 . ONCE THE CONCRETE WARRANTY 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 • 0 I • • C . THIS 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). 12-8-9: 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. B. 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 UTILmES DEPARTMENT. C . ALL CHARGES FOR THE USE OF THE CONCRETE UTILITY PRESCRIBED BY THIS CHAPTER ARE DUE WITHIN THIRTY (30) DAYS AFTER THE DATE OF THE BILL AND ARE PAYABLE AT CITY HALL . 12-8-10: DELINQUENCY AND COu..ECnON: A . DELINQUENCY SURCHARGE . FEES LEVIED IN ACCORDANCE WITH THIS CHAPTER 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. B . NONPAYMENT. ALL FEES AND ANY ACCRUED SURCHARGES SHALL BE A LIEN 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 LIEN, BUT THE CITY SHALL NOT BE REQUIRED TO SEEK PAYMENT FROM ANY PERSON OTHER THAN THE PROPERTY OWNER. NO CHANGE OF OWNERSHIP SHALL AFFECT THE APPLICATION OF THIS CHAPTER, 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 CERTinCATION THEREOF TO THE COUNTY TREASURER FOR COLLECTION . -6- •. ... ., I· 0 • • • • • 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 AND 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 SUBMITI'ED 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-PAB'nCIPA110N 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 . 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). E . THE OWNER UNDERSTANDS THAT HE WILL BE RESPONSIBLE FOR ALL REPAIRS (OPTING-OUT OF FEE DOES NOT CHANGE RESPONSIBILITY TO MAINTAIN CONCRETE). .7 . •. 0 ... • • '· 11-8-13: ADMINl8TBATIVB IIEVIBW 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 THIS 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 AFTER HAVING BEEN BILLED FOR SUCH CHARGE OR AFTER HAVING BEEN NOTIFIED OF SUCH DETERMINATION. THE CITY MANAGER MAY CONDUCT SUCH A HEARING HIMSELF, OR AT ms SOLE DISCRETION, MAY DESIGNATE AN OFFICER OR EMPLOYEE OF THE CITY AS A HEARING OFFICER WITH AUTHORITY TO HOLD SUCH HEARINGS. FURTHER APPEAL MAY BE IIADE TO THE DISTRICT COURT AFTER A DECISION HAS BEEN MADE BY THE CITY MANAGER OR ms DESIGNEE OR AFTER ONE HUNDRED AND TWENTY (120) DAYS IF A DECISION HAS NOT BEEN RENDERED BY THE CITY MANAGER OR ms DESIGNEE. Introduced, read in full, and paued on first reading on the 18th day or February, 1997. Publiabed u a Bill for an Ordinance on the 20th day or February, 1997. 'Ibomu J . Burns, Mayor ATTEST : Loucriahia A. Ellia, City Clerk l, Loucriahia A. Ellia, City Clerk of the City al Eqlewood, Colarado, 1-eby certify that the above and foneoiDI ia a true cap)' al a Bill far -~. iDtroduced, read in full, -d paued on first reading on the 18th day al Fellnary, 1997. Loucriabia A. Ellia -8- .. • 0 'a2xl -----------------------,.,------------"""'"":'::---------------,--- • ORDINANCE NOi:£ / ') SERIES OF 1997 • • BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER WIGGINS AN OIIDINANCK APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1997 ABAPAIIOB COUNTY COIOIUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COIOIISSIONBBS AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by pusage of Ordinance No . 39, Series of 1994; and WHEREAS, the Agreement related to the conduct of the Community Development Block Grant Programs for Federal Fiscal Years 1995 through 1997; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" bu been categorized 88 a rehabilitation activity and the City of Englewood will maintain documentation with the National Objective of Houaing Benefit activities; and WHEREAS, the project by the City of Englewood known a the Broadway Corridor Improvements Project bu been categorized 88 a special activity for community- based development organizations activity; and WHEREAS, the project by the City of Englewood known u the "Englewood Family Self Sufficiency Program" bu been categorized u a public service activity; and WHEREAS, the City of Enelewoocl may proceed to incur coata for tbeee projects u of May 1, 1997 unleu such aa:eptance is made cootinpnt under Section ll-F., Labor Standards, or Section 11-G ., Environmental Review1, u contained in the Subgrantee Agreement, and subject to the City of Enelewood receiving an official "Notice to Proceed" from Arapahoe County; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tion 1. The Subgrantee Agreements for the 1997 Arapahoe County Community Development Block Grant Procram are hereby accepted and approved by the Englewood City Council and the Mayor is authorized to uecute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Enelewood . $ec;tiop 2. The Sub,rantee A,reements for the 1997 Arapahoe County Community Development Block Grant Procram are attached hereto u Eiibibit A. -I - 11 b i .. •· , • ,. • ·, • Se<;tigp 3 . The City Manager shall be authorized to further extend the Subgrantee Agreementa For the 1997 Arapahoe County Community Development Block Grant Program u needed. Introduced, read in full, and paued on tint reading on the 18th day of February, 1997. Published u a Bill for an Ordinance on the 20th day of February, 1997. Read by title and puaed Oil final reading OD the 3rd day of March, 1997. Published by title u Ordinance No . _, Seriea of 1997, on the 6th day of March, 1997. Tbomu J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucri8bia A. Ellia, City Clerk of the City ofEqlewood, Colorado, bseby certify that the above and forecoinc ii a true copy of the Ordinance paaed on final reading and publilbed by title u Ordinance No. _, Seriea of 1997. -2- . ' • • 0 1 32xl • • • ·, • SUBGRANTEE AGREEMENT FOR THE 1997 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - This Agreement is aade by and between the Board of county co-isaioners of the County of Arapahoe, State of Colorado, for the co-unity Developaent Block Grant Progr-in the Coamunity Servic-Departlllent (hereinafter referred to as the County) and the City of lblql..aod, a aunicipality in Arapahoe County (hereinafter referred to as th• SubGrant-) for the conduct of a Coaaunity Develop-nt Block Grant (CDBG) Project for Progr-Year 1997. I. :tallP08B The priaary objective of Title I of the Rousing and co .. unity Developaent Act of 1974, as -.nded, and of the Coaaunity Developaent Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the City of BDglnood known as the Bouaing Relleilitation Jlrojec:t (Project) bas been categorized as a aellabilitation Activity and the SubGrantee will maintain documentation with the national objective of BouaiJag activities. Th• SubGrant•• may proceed to incur costs for the Project as of May 1, 1tt7 unless made contingent under Section II-E. Labor Standards, or Section II-F. Environmental Reviews, below, and/or subject to the SubGrantee receiving an official 'Notice to Proceed' from the County. The following provisions outline the scope of the work to be completed: Provision of grants and/or low interut loans to lower income hoaeowners for housing repair and improvement. &. l'ayaent It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed t154,020. Drawdowns for the payment of eligible expenses shall be aade against the line item budgets specified in Exhibit 8 and accordance with perforaance. •· 'l'iaaU.ne 1 ! t A I· ·- ' 0 • . .------------------------ • • and the County shall each take all required actions to comply with the provisions of 24 CFR Part 570, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and 109 of the Housing and Co1111unity Development Act of 1974, 24 CFR Part 85, Subpart K of HOD's Uniform Administrative Requirement for Grants and Cooperative Agreements, the regulations applying to ainority business enterprise, 24 CFR 570.904, the lead based paint regulations 24 CFR 570.608 and 24 CFR 35, and with 0MB Circular A-87, Cost Principles for State and Local Governments. Attached hereto as Exhibit A and incorporated herein by this reference is a swmaary of provisions associated with the co-unity Oevelopaent Block Grant Prograa which shall be followed by the SubGrantee unless it is determined to be inapplicable. Additionally, in accordance with 24 CFR Part 570, no eaployee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The Subgrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded Froa Federal Procurement or Nonprocurement Programs. a. SupervisioD and Adai.Jlistrative CoDtrol As to any projects conducted during Program Year 1997, the SubGrantee agrees, in accordance with Section III, paragraph A above, that the County shall have ultimate supervisory and administrative responsibility, but the SubGrantee shall be responsible for the expenditure of the funds allocated for its Projects or activities and for the construction or perfor11ance of its Projects or activities in compliance with all applicable Federal laws and requirements relating to the COBG Program. c. lloD-AppropriatioDs Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG aonies for funding, a non- appropriation clause that will protect itself and the County from any liability or responsibility or any suit which aight result fro• the discontinuance of CDBG funding for any reason. Because this Subgrantee Agreement involves funds fro• a federal grant, the funding provisions of this Subgrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.s. with regard to any public work projects. D. IZpeDditure aest.rictio11a All COBG funds that are approved by ffu'l) for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. 3 .. .., I· 0 --------~------.,--------------:-,-, ------:-- • • • .. • by such Contractor, the kinds and ainiJIIDl amounts of insurance as followa: 1. Caaprehenaive General Liability: In th• amount of not 1 ... than $600,000 combined aingle liait. coverage to include: a. b. c. d. e. f, g. h. i. Preaiaea Operations Prod.ucts/COllpleted Operations Broad Pcn:11 Contractual Liability Independent Contractors Broad por,a Property Daaage Ellploy ... aa .Additional Insured Personal Injury Arapahoe County and the SubGrant•• a• Additional Naaed Insured Waiver of Subrogation 2. Caaprehenaive Autoliobil• Liability: In the amount of not las• than $600, ooo coabined aingle liait tor bodily injury and property damage. coverage to include: a. Arapahoe County and the SubGrantee as additional Naaed Insured b. Waiver of Subrogation 3, Ellployers Liability and Workers Coapensation: The Contractor shall aecure and aaintain aaployer' • liability and Worker's Coapenaation Insurance that will protect it against any and all claiaa reaulting fro• injuriu to and death of workers engaged in work under any contract funded pursuant to this agreeaent. coverage to include: a. Waiver of Subrogation 4. Additional Naaed Inaured: All referenced insurance policiu and/or certificate• of insurance •hall be subject to the following atipulationa: a. Underwriters •hall have no right• of recovery aubrogation against Arapahoe County or the SubGrantee; it being the intent of the partie• that the inaurance polici-ao effected ahall protect the partiea and be priaary coverage for any and all lo•• .. covered by the d-cribed inaurance. b. c. The clause entitled •other Inaurance Proviaiona• contained in any policy including Arapahoe county a• an additional naaed insured ahall not apply to Arapahoe County or the SubGrantN. Th• insurance coapaniu iaauinq the policy or policie• ahall have no recourse against Arapahoe County or the SubGrantee for payaent of any 5 .. •· 0 • • ,. - that th• projects will be compl•ted within a r•asonable length of ti.Jle. Th• tim•tabl•'s iaplamantation shall bagin when the County provid .. writt•n notification to th• Sut1Grant .. to procaad. L. aellllnara-ent for az,auu Th• Sut1Grant•e agrees that bafor• th• County can distribute any CDBG funda to it, th• SubGrantaa aut subai t to th• county's Rousing and coaaunity Devalopaant Services Division docuaantation in th• fora raquired by that Division which properly and fully idantifi .. th• a.aunt wbich the SubGrant .. is requ .. tinq at that tiae. The County shall bav• ten (10) working days to r•vi•w the requ .. t. Upon approval of th• request, the county will distribut• the requ .. ted funda to th• SubGrantaa as soon u possible. •· ftoc,raa I11caae All progrua incoaa darived froa th• Arapahoa county co .. unity Dav•lopaent Block Grant Prograa rac•ived by the SubGrant•• will ba r•tained by th• SubGrant•• and will ba dispersed for its approved CDBG proj•ct activities bafor• additional CDBG funds are requested froa th• County . Following coapl•tion of the SubGrantee' s Arapahoe County CDBG Proj•cts, all progrua income dir•ctly generated from th• uae of CDBG funds will ba r-itted to th• County. •· aaaet 11aJ1a9eaent Any aingl• parcel of rul property undar the SubGrantee's control that was acquired or improved in whol• or in part with CDBG funds in •xc•ss of $25,000 will either: 1. B• used for an eligible CDBG activity, as det•rmined by th• County, for a ainimwa of five (5) y•ars following coapletion of the SubGrant••'s proj•cts; QR 2. Be disposed of in a aannar that r .. ults in the County's baing r•iabursed in the aaount of the currant fair aarket value of the property 1 .. s any portion of the value attributabl• to axpenditur.. of non-ct>BG funds for acquisition of, or illproveaenta to, th• property. R•i.Jlburs ... nt is not required aft•r fiv• (5) years following coapletion of th• Sut1Grant••'• proj•cts. o. 8tate -• Cowaty Law CGapli-c:• All r•sponsibiliti•s of th• SubGrant•• enuaerated h•rein shall ba subject to applicabl• State statut•s and County ordinanc•s, r•solutions, rul•s, and regulations. ,. 1J1viroaae11tal ••vi .. Th• SubGrant•• agr••• that no CDBG funds will ba lagally obligated to any Proj•ct activity bafor• th• county bas completed federal NEPA environaental reviaw procedures, as required by 24 CFR Part 58. 7 .. ... •· 0 1 32xl • • ·, • <. The Parties recognize and understand that the County will be the governaental entity required to execute all grant agraeaenta received froa BOD purauant to the County'• requ-ta for CDBG funds and that it will thereby becoae and will be beld by BUD to be legally liable and reaponaibl• for the overall adainistration and perforllll!lce of the CDBG progrus, including the projects or activiti-to be conducted by the SUbGrantee. AccordincJly, the SubGrantee agr._ that u to its projects or activitiu parlor.ad or conducted under any CDBG a«Jr....nt, the County shall bave the nec-sary adainistrative control required to -•t BOD requireaenta. •· hdozaaaoe ud ca.pliaaae lloaitoriJMJ Tb• COUnty'• supervisory and adainistrative obli9ations to the SubGrant-pursuant to paracJraph A above shall be liaited to tbe perforaanca of the adainistrative tasks necusary to make CD8G funds available to tbe SUbGrant .. and to provide a llonitoring Specialist vbose job it will be to aonitor the various projects fWlded with CDBG aoni-to ensure that they comply with applicable Federal laws and regulations. c. aeportiaCJ to 111JD The County will be r-ponsibl• for confirming the coapliance of the SubGrant••'• Project with applicable Federal laws and regulations. Th• County will further be ruponsibl• for •-inCJ that all necessary reports and information are filed with BOD and other applicable Federal aganciu in a tiaely fashion. 9 .. •· 0 t 32xl --------------------.,----------~--,r---------- • .. • • In Witn ... Whereof, th• Parti-bave cauaed tbi• Agreeaent to be duly executed thi• ___ day of -----------' 1997. • Attaat: Clark to tha Board Donetta oavidaon By: __________________ ~ Thomas J. Burns Title: Mayor Board of county C01111iaaionera Arapahoe County, Colorado Polly Page, Chairllan 10 ' . .. • 0 -------------------------· • • t• •, • '· EXHIBIT A COMMUNITY DEVELOPMENT BLOClt GRANT PROGaAH CON'l'RACT CLAUSES scope _o C Work 24 C.F.R. S 570.503(b)(l) Should be clear, quantified, with performance criteria built in. Perfoi:aance to include acccapluhaent of the product, -thod of accaaplishmant, timing, ailestones and personnel assigned. Then should be • ve~ specific budqat, organi.zad by task as well u line it-. contract Adainistration 24 C.F.R. S 85.36(b)(ll) Procedures regarding all contractual and administrative issues. This must include procadu.ras for changing the scope, specifications, budget, or other provisions. Where 0MB Circular A-110 applies, s .. Attachment O, Par. 3.c.(9). uniform Administration 24 C.F.R. S 570.502 Compliance with the requirements of 24 C.F.R. Part 85, sometimes referred to u the •common Rule. • Applicable to grantees and subrecipiants that ·ara qovarnmental entities. Subracipients that are not governmental entities auat caaply with specified Attachmants to 0MB Circular A-110. cost Principles 24 C.F.R. S 570.502 Compliance with the provisions of mm Circular A-87 or A-122, as applicable. conflict of Interest 24 C.F.R. S 570.611 No employee, officer or agent of the subqrantaa shall participate in selection, or in the award or adwt oiatration of a contract if a conflict of interest, real or apparent, would be involved. Sea also 24 C.F.R. S 85.36(b)(3) or 0MB Circular A-110, Attachment O, Par. 3.a., as applicable. Recordkaepina 24 C.F.R. S 570.503(b)(2) Describe records that must be .. intained, including eligibility, national objectives, financial, equal opportunity, etc. See also 24 C.F.R. S 570.506. • .. I· • ---------------·---------------------------------- 0 • 24 C.F.R. S 570.502 Compliance with 0MB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 C.F.R. Part 44 and 24 C.F.R. S 85.26. Lobbyi _ng 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Religious organizations 24 C.F.R. S 570.503(b)(6) Limitations and conditions on the use of COBG funds by religious organizations. See also 24 C.F.R. S 570.200(j). Resident Aliens 24 c.r.a. s 570.613 Newly legalized resident aliens are net eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. Qnifo:gn Relocation Assistance and Real Property Acquisition Policies Act ,uniform Act) 24 C.F.R. S 570.606 Requirement. for real property acquisition procedures and benefits and aervices that anyone diaplaced auat racaiva. Bonding and Insurance 24 C.F.R. S 85.36(h) Include with construction contracts with astilllatad cost of $100,00 or mere. Requires bid guarantees (51 of the bid), parfoxmance band (1001 of the contract price) and payaant band ( 1001 of the contract price). Where OIIB Ci:cul&r A-110 applies, see Attachllant Band Attacbaant o, Par. 4.c. Labor standards 24 c.r.a. s 570.603 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing laH than 8 . dwelling units), Davis-Bacon Act and related labor atandards requirements apply. Use current wage rates applicable to the project and HUD-4010 which includes all required references. See also 24 c.r.R. S 85.36(1)(4), (5) and (6) or OMS Circular A-110 Attachllant O, Pars. 4.a., f., and 9., as applicable. Debarred contractors 24 c.r.R. s 570.609 Prohibit, use of debarred, auspanded or ineligible contractors or 1ubrecipiants in any contract. •. .. I· 0 '. '. • •r-------,..------------------, • ·, • Discrimination Prohibition 24 C.F.R. S 570.602 Under provision of Section 109 of the RCD Act of 1974, as amended, discrimination is prohil>ited on th• buis of race, color, religion, national origin or •ex. llso refers to d.iscr.i.m.ination on the basis of banclicap and age. Discrimination on the Basis of 6Ao4icip 24 c.r.a. Part a Compliance with sec. 504 requ~nts. Covers prohibited d.i•cr.i.m.ination in employment, benefits and programs. Establi•h•s requr.r-nta for applyi.ncJ Un.ifoz:m Federal Accessibility Standard.a (UFAS) <•-24 c.r.R. Part 40 for UFAS) to contract•. Note that UFAS and •usI Standarda· differ in important re•pects. Age Discrimination 24 C.F.R. Part 146 Covers proh.ibitad discr.imination by recipients and subrecipients in all aspects of assisted programs. Discrimination in Employmant 24 C.F.R. S 570.607(a) For construction contracts over $10,000, prchil>its discrimination in employment by making Jxacut;ve Ord•; 1124§ and related provisions applicable. Employment, Training and contracting opportunities 24 C.F~R. S 570.607(b) Under provisions of Section 3 of tha Rousi.nq and Qrtw) Development act of 1968, require• opportunities fer tra.ini.nq and employment cf lower-inccae persona and oppcrtuniti•• for contracting with local fi.aa. Appli• to al.l contracta. lli,nority Business Enterprise 24 C.F.R. S 85.J&(e) Covers required actions by recipient and contractors to •ecure participation of fi.::ma owned and controlled by ainorities, women and resident• of labor •urplus areas. Where 0MB Circular A-110 applies,•-Attachment O, Par. 3 . C • ( 3 ) . Compiled by: Office of Community Planning and Development Raqion VIII (Denver) June 1991 • I • . I· • 0 '32xl . , • • PBMBD'B PROJECT BUDGET cm.ma car.m. car.aD C car.ma, D ~ ...... ....... -r...c...t CllaGfla* -. .... c:...-... .. ....,., .... ....... , ....-u ·· .. ... am.omt .... 63.GIID It tT I ....... ._._ .... IIUJD 150,000 TOTAL: ,., .. lkJDD iu.a 0..: I-, IS. lf/'1 • 0 • '32xl • ec-----------~------~- • • (, .. UDDDUII IIUIIBD Olm TO '!'IIS CCWUM.t'fl Dnm.ol'IID'l' BLOCK GUft' aoua.tN amarmnmr IAPDl+Mft Thia ADDENDtJII NONBER ONE IIOdifi .. the Arapahoe County Coaaunity Davalopaant Block Grant Agraaaent (•Agraeaant•) by and batw-n Arapahoe County c•county•) and the City of a..Jlawaod (•SUbgran~•). IIIIERDS, the Agreeaant (in Section III.B), requir .. that it any Subgran~ project involv .. construction activiti .. , than th• Contractor -lactad by the SUbgrant-aust provide and -intain insurance in th• aaounta set forth therein; and IIIIEREU, pursuant to Section IIJ:. B.6, the Subgran~ deair .. that the County vaiva a portion of the insurance requireaanta of section J:J:J:.B of Aqr...ant; and WHEREAS, the County aqr ... to the waiver as noted herein. NOif, TIIEREFORE, IT IS AGREED by the County and the Subgrant-as follova: 1. The Subgrantaa aball require ita selected Contractor to provide and aaintain general liability and property insurance in an aaount not lass than $100,000 by the Contractor and to provide and aaintain autoaobile liability insurance and worJaaan•s coapansation insurance required by Colorado law. Proof of such insurance aball be provided to the Subqrant-. 2. The Subgrant-and the County reaffi.rll the provisions of Section III. F. , concerning adainiatration and indemnification concerning perfonaanca of the Agreement. 3. All other provisions of the Aqreement not inconsistent with this Addendum Nuabar Ona are r-ffirmed. In Witn .. s Whereof, the Parti .. have caused this Addendwa to be duly executed thi• -----day of -------------' 1997. Atteat: Clerk to the Board Donetta Davidson SubgrantH: __ c_it~y~o~( ..... Enq-..:•l~ayogd_,...,_~ By:~~~---~~~~~~~- Thomas J. Burns Title: M.aypr Board of County Colllliaaioner• Arapahoe County, Colorado Polly Pac,e, Olair11an .. •, .... .. • 0 1 32xl 1 . Call to order. 2. Invocation. 0 I• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 3, 1997 7:30 P.M. 3. Pledge of Allegiance. 4. Roll Call. {.; ~ 5. Minutes. {f)fl {f-V a. Minutes from ,the Regul• City Council Meeting of February 18, 1997. (})~ 6. 7. 8. Scheduled Visitors. (Please limit your presentation to ten minutes.) E Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ComLs. Proclamations, and Appointments. /J /I JJ1Ji1 a. Letter from Donnell Curley i!Ji~&J!~ -~},signation from the Englewood ;;;;;;&-&J-0 Cultural Arts Commission. ~ d...J)!,Ji[i}, b. Letter from Steve Mui~~ indic!9ting his resignation from the Englewood 1/Jj/)u~ ~ -O Housing Authority. {/~ • 9. Public Hearing. (None scheduled) "-IIGlll N,-ta-a.a.llllly ..... aalllry_.•..._,,.__, .. O,elflll lll,_ ... ou,aaa11 ................................... 1'1111111,-. •. I· • CU !P • t• ·, • i . Recommendation from the Department of Financial Services to approve a bill for an ordinance adopting a new section to the Englewood Municipal Code pertaining to business licenses for Direct Sellers and Itinerant Vendors and removing the licenses from the moratorium. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ii. Recommendation from the Department of Financial Services, City Clerk's Office, to adopt an ordinance requiring affidavit of intent for write-in candidates and allowing Council by resolution to cancel an election under certain circumstances. STAFF SOURCES: Frank Gryglewicz, Director of Financial Services and Loucrishia A. Ellis, City Clerk. iii. Recommendation from the Utilities Department to adopt a bill for an ordinance for the Grant of City Ditch Easement for 835 W. Quincy Avenue. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance approving an Oil and Gas Lease for the Littleton/Englewood Beneficial Use Farm. STAFF SOURCES: Stewart H. Fonda. Director of Utilities, and Charles J. Caudll, Proceu Development Analyst. v . Recommendation from the Department of Public Works to adopt an Intergovernmental Agreement with the Colorado Department of Transportation for two Temporary Easements and one Permanent Easement on Oxford near the Golf Course. STAFF SOURCE: Chuck Esterly. Director of Pubic Works. ~~ vi. !solution estab~·ng the annual salary for the City ManagelJ/Y' If'¥ J/1 / _ ~ --1 v~ --c u.P S,Y-w~ - b . App on~°,.,nd,f. in . l1/U7Jt) / O (j-I•~/ i mJ-/1: /3 i. Coun~< 1, extending e moratorium on miscellaneous -licenses through July 10, 1997. (RJl-li ii. Council Bill No. 13, adding language that defines terms used in the Wastewater Utility Ordinance. ...__.. u,..._. • .....__. ... ....,_. • ....., ..... IIOllfy .. Clly.,1, a,,•ou-M1S>a1 ............................................ ,... • . I· 0 '32xl eity Council Agenda March 3, 1997 Page 3 • • ,~ • 1 1 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. i. Recommendation from the Department of Public Works to adopt a bill for an ordinance forming a Concrete Utility, and recommending the setting of a public hearing to receive citizen input on April 7, /.IA-/5e-~;~;;r'e.U-t RCE: Chuck Esterly, Director of Public u~ Approve on 5'cond R 1 • Q In 1 jj./ .,,.,-i. Council Bill No. 12, authorizing the executi of Intergovernmental U ~ rf_S__ Subgrantee Agreements for the 1 997 Arapah e County Community _ -/ ~J Development Block Grant Program. • : ~.~?.:.~ .. lafJJj a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. Adjou~ 9 : ~1,.,,,. The following minutes were transmitted to City Council between 02/14/97- 02 /27 /97: • Englewood Board of Adjustment and Appeals meeting of November 13, 1997 • Englewood Downtown Development Authority meeting of January 8, 1997 • Englewood Parks and Recreation Commission meeting of January 9, 1997 • Englewood Public Library Board meeting of January 14, 1997 • Englewood Water and Sewer Board meeting of January 14, 1997 • Englewood Planning and Zoning Commission meeting of February 4, 1 997 • Englewood Liquor Licensing Authority telephone poll of February 5, 1997 !'le.-note: If you hne • clNbillty and IINII amdllry _.or_._, ,a.-IIOtify lhe City of & ... woad (763-Ma) al INlt 41 hows In advance of we-____ ......_ ..... ,-. ' • . I· • 0 , . • ~~V- t--- v--- v-- l--~ , .... ~~ ~--Jaul- ( . ' . - I· 0 • 0 • • I· • • • • ... March 17, 1997 ENGl.EWOOO CITY COUNCIL Regular Meeting , . ', . , • . • .. 0