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Home My WebLink About1997-02-03 (Regular) Meeting Agenda• ·, • (. REGULAR CITY COUNCIL MEETING FEBRUARY 3, 1997 ORDINANCE .y.,< r6,/'1i. 12, 13, 14, 15 R£SoLUT10N I 4,~•'p:'/~~J< • .. 0 • •· 0 '32xl • • • <. ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Jl'ebnary J, 1997 I. Call to Order The regular meeting of'the Engie,wod City Council -called to Older by Mayor Bums al 7 :39 p.m . 2. .._._ Tbc ilMJCllioa -pa by Council Member Wiggins. 3 . f'Wae el Allepuc:e The PledF of' Allegiance -led by Mayor Bums. 4. llellCall Pn:seot: Council Members Clapp, Wiggins, Habenicbl. V«miaag. Wagoner. Bums Absent : None A quorum -prescnl Also praeot: City Manager Cwt City Attorney Brauman City Clerk Ellis Opentions Superintendent McCormic:k. Utilities Planning Comamity c--diDltar Stitt DinlCIOr Gryglcwicz. Fillancial Serviccl !Cleft·, DOte : TIie DilUic:l I o-:il -ii ~ -to die .... of o-:il Mallller lfldlaway by • ....,rity ofdllc YCIIC II die J-, 14. 1997 llecall Eloc:lioa.l (a) COUNCIL MDIKll WIGGINS MOYD. AD ITWAS RCONND, 10 APPllOVE THE MINIJTIS Of 111& UGIJIAII IIUTING Of .IANUA&Y .. 1"7. A.ya: COUIICil Mclllbcn Vonaiaal, w--. Hlllalidll, W...-u, Capp, Nays : Noac Abllain : Mayor Burm Motion c:arric,d. 6 . •, .. • • • Ee&lewood City c-il Febnutry 3, 19'7 Pa&e2 (a) Mayor Bums DOied that former Council Member Rita Hadlaway -IIOl praeo1 and so Council would aJOtinue with the agenda. IClelt's note : Ms. Hathaway-RIOOpiml laler in the meeting. See page 6 .) (b) The rc:ccption was postponed until lalcr in the IIICICling. See pqe 6 . (c) Mr. Irving Bennett was not present. There WCR: DO DOIHCbcduJed visitors. 8 . C'-•• --tc:aldNl_.,,..........__.Af,1feteee11 (a) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH llEGUT STEVE KUIILMAN'S RESIGNATION FROM THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS. Motion carried. Ayes : Council Members Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None (b) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET UNDA DONELSON'S RESIGNATION FROM THE ENGLEWOOD CULTURAL ARTS COMMISSION. Motion carried. Ayes : Council Maallers Vonaiaag. Wiggial, Habenicbl, Wagoner, Clapp, Burm Nays : None (c) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEn WITH llEGUT DOUGLAS .. AIINOLD'S IUSIGNATION noM THE ENGLEWOOD CLEAN, GUEN AND PllOIJD COMMISSION. Motion carried. Aycs : c-il Maallers Vonaiaag, Wigia, Habellidll, Wagoner, Clapp, Burm Nays : Na. COUNCIL MEIIBU WACGONI.R IIOVD, ANa IT WAS 51.CONHD, TO APPllOVI. AGENDA ITEMS I(') 11l&OUGH (II), WITH TBE DCl7TION Of I (ee). Council Member w...-, cxplaillcd lllll A.-Ilea I (ec) w a IDOllllioa ...,._Mi. ltGbia Weddle 10 the Cfcan, Grcca and Pru.d c:-miuioll. He alMlal lllll Ml. Waldlc • daclillcd Ille ..... __. 10 that oonunillioa. Ayes : Nays : Malioa c:aniod . ~ Maallers Voniiuag. Wiggi111, Habalidll, W...-r, Clapp, e.r. N«- • Ea&lewood City Council Febnaary J, 1997 PaceJ •, <. • • Mayor Bums presented ocrtiflalles appointing and rappointing citizens to various boards and commission and identified each appoinacc and board. In response to Council Member Vormittag, City Clerk Ellis advised that the resolutions appointing and reappointing board and oommission members were assigned Resolution Nos . 4 through 32 . (d) RESOLUTION NO . 4, SERIES OF 1997 A RESOLUTION APPOINTING WILLIAM BODE TO 1llE BOARD OF ADJUSTidENT AND APPEALS FOR 11fE CITY OF ENGLEWOOD, COLORADO. (c) RESOLUTION NO. S, SERIES OF 1997 A RESOUmON APPOINl1NG 1YLER otAPMAN AS A YOU111 MEMBER TO 11IE PARKS AND RECREATION COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. (f) RESOLUTION NO. 6, SERIES OF 1997 A RESOLUTION APPOINTING KRISTIN COTTLE TO 1llE PLANNING AND ZONING COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. Mayor Bums prcscnlCd a ciertific:ale and City pin to Ms . c.otdc. (g) RESOLtrnON NO . 7, SERIES OF 1997 A RESOLUTION REAPl'OIN11NG MARY DOUNAY TO 11IE PUBLIC LIBRARY BOARD FOR 11fE CITY OF ENGLEWOOD . COLORADO. (h) RESOLtrnON NO. I , SERIES OF 1997 A RES0Ltrn0N REAPl'OIN11NG HENRY GAUJ!HER TO 1llE CLEAN, GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO. (i) RESOLU'JlON NO. 9, SERIES OF 1997 A RESOLtmON REAPPOINl1NG DOUG GARRETT TO 11IE PLANNING AND ZONING COMMJSSION FOR 11IE CITY OF ENGLEWOOD, COi OR..-'00. (j) RESOLU'JlON NO . 10. SERIES OF 1997 A RESOLtmON APPOINl1NG KRIS'IEN GILUotON AS A YOU111 LIAISON TO 11IE a.EAN, GREEN AND PROUD COMMJSSION FOR 11fE CITY OF ENGLEWOOD . COLORADO . (k) RES0Ll1J10N NO. II . SERIES Of' 1997 A RESOLtrnON REAPl'OIN11NG FRANK GOLOMBEK TO 11fE a.EAN, GREEN AND PROUD COMMISSION FOR 11fE CITY OF ENGLEWOOD. COLORADO . 0) RESOLU'J10N NO. 12. SERIES Of' 1997 .. I· • Eaclewood City Council Febnaary 3, 1997 Paie4 <. • • A RESOLUTION APPOINTING CASSIE GOOTEE AS A YOUTH LIAISON TO 1HE CULTURAL ARTS COMMISSION FOR 1HE CITY OF ENGLEWOOD, COLORADO. Mayor Bums pn:scnted a certificale and City pin to Ms . Goolce. (m) RESOLUTION NO. 13, SERIES OF 1997 A RESOLUTION APPOINTING JENNIFER HELLER AS A YOUTH MEMBER OF 1HE PARKS AND RECREATION COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. (n) RESOLUTION NO. 14, SERIES OF 1997 A RESOLUTION APPOINTING ARLEEN HILAIRE TO 11fE CLEAN, GREEN AND PROUD COMMISSION FOR 1HE CITY OF ENGLEWOOD. COLORADO . !Clerk's note: Ms . Hilaire was preseal duriag I.lie n,cq,lioll and Mayor Bums prcllCllled a certificale and City pin lo her al lhal time. I (o) RESOLIJTlON NO. IS. SERIES OF 1997 A RESOLUTION APPOINilNG SUZANNE KARLQVIST AS A YOUTH LlAISON TO 11fE CLEAN. GREEN AND PROUD COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. (p) RESOLimON NO. 16, SERIES OF 1997 A RESOLUTION APPOINTING SAM KAUFMAN TO 11fE ENGLEWOOD DOWNTOWN DEVELOPMENT AU11fORITY . (q) RESOLUTION NO. 17. SERIES OF 1997 A RESOLIJTION APPOIN11NG HANNS KNUPPER1Z TO 1HE URBAN RENEW AL AUTIK>RITY FOR 11fE CITY OF ENGLEWOOD. COLORADO. Mayor Bums prescnlCd a certiflCIIC aad City pin IO Mr. Kauppmz. (r) RESOLIJTlON NO. 11, SERJESOF 1997 A RESOLUTION APPODmNG CORRINE LINDSEY TO THE CUL 1lJllAL ARTS COMMISSION FOR 11fE CITY OF ENGLEWOOD. COLORADO. Mayor Bums prCICllled a certificae and City pia IO Ms. Ulldlcy. (s) RESOLIJTlON NO. 19, SERIES OF 1997 A RESOLlfTION APPOlNTING JOHN LOOZE, JR. TO 11fE CLEAN, GREEN AND PROUD COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO. Mayor Bums prelCIIICd a certificale and City pin IO Mr. l...omc . (I) RESOLIJTlON NO. 20. SERIES OF 1997 . . ..... • . .. I· • 0 'a2xl ----~---~---- Ell&lewood City Ceullcil Febnaary 3, 1997 Pa&eS • • ' ,. A RESOU.mON REAPPOIN11NG ANDREA MENIN-OIEM TO 11IE a.EAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. (u) RESOLUTION NO. 21, SERIES OF 1997 A RESOLl1I10N REAPPOIN11NG SHANNON MARY O'LEARY TO 11IE PUBLIC LIBRARY BOARD FOR 11IE CITY OF ENGLEWOOD, COLORADO. (v) RESOLUTION NO . 22, SERIES OF 1997 A RESOLl1I10N APPOINl1NG ROSE PE11!RSON AS A YOU'IH LIAISON TO 111E aJL11Jll4AL ARTS COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. Mayal" Darm piacnled a cenific:ale and City pia ID Ml. '*'-· (w) RESOLI.Tl10N NO. 23, SERIES OF 1997 A RESOU1l10N APPOINl1NG OIAJtLES REDPA111 TO 11IE BOARD OF ADJUSTMENT AND APPEALS FOR 11IE CITY OF ENGLEWOOD. COLORADO. (x) RESOLUl10N NO. 24. SERIES OF 1997 A RESOLUl10N REAPPOIN'llNG DONALD ll011f TO 11IE a.EAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD. COLORADO. (y) RESOU1I10N NO. 25, SERIES OF 1997 A llESOLl1l10N APPOINTING DONALD I01H TO 11IE URBAN RENEWAL AU'111ml1TY FOR 11IE CITY OF ENOLEWOOD, COi Oll-UJO. (z) RESOU1I10N NO. 26, SERIES OF 1997 A llESOLl1l10N REAPPOINTING ORRIS SAUNDERS TO 11IE MALLEY CENTl!ll 11lUST FUM> BOARD. (u) RESOU1I10N NO. 27, SERIES OF 1997 A RESOLUTION APPOIN1'ING EDWARD SOIi i U.E TO 11E <1.EAN, <IU!l!N AND PROUD COMMISSION FOR 11E CJTY OF EJiQ.EWOOD, COi C.400. (bb) RESOU1I10N NO. 21. SERIES OF 1997 A RESOLUTION APPOINl1NCi EDWARD SOULLIERE TOT IE URBAN RENEWAL AlffliORITY FOR 111E CITY OF ENGLEWOOD, COLORADO. (cc) RESOUTllON NO. 29, SERIES OF 1997 A RESOLUTION REAPPODmNG SUSAN VAN DYKE TO 11IE <1.EAN, GREEN AND PROUD COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO. Mayal" Burm pn:aalOd a cer1fflcale a.I Oly pia ID Ml. V• o,lrc. • 0 ; 1 a2xl • • • (dd) RESOLUTION NO. 30, SERIES OF 1997 A RESOLUTION REAPl'0"'"1NG lLOMAR WARREN TO nlE ELECTION COMMISSION FOR n1E CITY OF ENGLEWOOD, COLORADO. Mayor Bums pramted a cer1ific:ale and City pin 10 Ms. Wamn. (II) RESOLUTION NO . 31, SERIES OF 1997 A RESOLl1l10N APPOINTING ROBIN WEDDLE TO nlE URBAN RENEWAL AU'IHORITY FOR 1HE CITY OF ENGLEWOOD, COLORADO . Mayor em.,.__ a CCl1ificae and City pin to Ms. Weddle. (I&) RESOLUTION NO. 32, SERIES OF 1997 A RESOUmON APPOINTING SUMMER DAWN wnT AS YOU11f LIAISON TO 1HE PUBLIC LIBRARY BOARD RlR 11IE CITY OF ENOLEWOOD, COLORADO . ••••• 6 . (a) Former Council Member Rila Hadaway -nx:,opiml by C-=il ilr Iliac ycan m IICrvice oa Council. Mayor Burm pmeated ,_ Md a plaqllc to ML Hadiaway. --a die iMc:ripliOII "To Rila Hadlnay ia approcialioa ilr lier dodialliol! 81111 loyal anice IO die ca :iCy • a ....._ m die Englewood Cily Council Jwlary I, 1911 IO Jmy 14, 1997, wl Mayor Pn, Tea ha NO\ I Ile, II, 1991 to NcMlllber IS, 1993.• Mayor Buns Clqllwd approcialioa IO ML Hadaway wl willlClll licr well. (b) The Council IDCdin& receaed al 7:S4 p.a. ilr a brief ftlCICllliol!. The IIICdillg ,ecoa,acd al 1 :21 p.a. witlt all aeallen paaeat . ••••• COUNCIL MIMUll YOU01TAG M0vat. AN9 ff WAS S&CONND. TO Al'l'OINT COUINI LINDSEY TO 1111 CUAN. GaEIN AN9 l'll0Ua COMMISSION. Aya: Cwil Meallerl Voraillas. Wigial, 11111 ictt, Wauoncr. Clapp, a.. Nays : Nooe Motion earned. 9 . Plillllic Barill& No public hearing -IIChcdulcd befOR Council. 10. C....cA..- (a) ApprcM: OIi Fim Rcadi., • •· 0 • .. • · ... • . . ·1,, There -wen: DO additional ilCIIIS submiued for approval on first reading. (See Agenda Item 11 - Ordiances, Raolulions, and Motions.) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i), (ii), (iii) IIINl(IY) ON SECOND READING. (b) Appnwe OIi Second Reading (i) ORDINANCE NO. I , SERIES OF 1997 (COUNCIL BllL NO. 3, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AU11IORIZING AN INIUOOYERNMENrAL AGREEMENT mmn.ED "CITY OF ENGLEWOOD PROJF.CT A<llEl!MEHI' Wl11I R1D POil CTIY DITCH PIPING" BE1WEEN 1llE REGIONAL TllANSPORTATION DISTRICT (R1D) AND 11IE CTIY OF ENGU!WOOD, OOLORADO. (ii) ORDINANCE NO. 9, SERIES OF 1997 (COUNCIL BllL NO. 6, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AU11IORIZING AN IN'JElGO\IERNMENTAL AGREEMENT mmn.ED "IN'JElOOVERNMENTAL NONBINDING 1En1:R OF UNDERSTANDING POil SERVICE FEE PAYMENT," BETWEEN 1llE CITIES OF UTl1El'ON AND ENGLEWOOD, ARAPAHOE COUNTY AND ADAMS COUNTY, COLORADO. (iii) ORDINANCE NO. 10, SERIES OF 1997 (COUNCIL BllL NO . 7. INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AU11IORIZING AN IN'JElOOYERNMENrAL AGREEMENT PERTAINING TO 1llE MEDIAN OF STATE IDGHWAY 215 , BETWEEN 1llE COLORADO DEPAR1MENT OF TRANSPORTATION (CDOT) AND 1llE CTIY OF ENOLEWOOD, COLORADO. (iv) ORDINANCE NO. 11, SERIES OF 1997 (COUNCIL BllL NO. I , INTRODUCED BY COUNCIL MEMBER WIOGINS) AN ORDINANCE REPEALING 111U: 5, OIAPTER 5, AND ENACTING A NEW 111U: 5, CliAPTER 5; AMENDING 111U: 7, OIAPTER 61>, BY ADDING A NEW SECl10N 14; AMENDING 111U: 7, CliAPTER 6E. BY ADDING A NEW SECTION 9; AND REMOVING MASSAGE 11ERAPY FROM ORDINANCE NO. 25, SERIESOF 1996 WHIOIPl!RTAINS TOTIIEMORATORIUMOF LICENSES IN 1llE CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Council Mcmben Vorminag. Wigim. Hlllcaic:lll.. W...-,, Clapp, Bums None Motion carried. II . O...._,R111I liealllNIIMedw (a) Appnwe oa First Reading ' • I ' • ' .. •· • E11&1eweod City Council Febnaary 3, 1997 ••&el • • I• (i) Operations Superintendent McCormick pracnlCd • rccommcnclation from the Utilities Department to approve. by moeion. a contract with Camp, Dn:aer, and Mc:Kee, Inc. for the final engineering design of the Allen Filter Plant improvements. Mr. McCormick lldvilCd that the aJSI of this amendment is $992,000.00 and that approval will enable Camp, Dn:aer and McKee to proceed with the engineering of the Allen Plant improYcmcnts. A project OYaView was pracnted to Council, he said, at the J1111uary 20, 1997 Study Session. He added that the Englewood Wms and Sewa Doud approwd this amendment at their meeting of Jamwy 14, 1997. He lldvilCd that Mr. Cut Houck of Camp. Dn:aer and McKee was present to answer uy tcclmica1 queslions. Council Member Waggoner llalCd that Dil'CCIOr Fonda bas 8IIURld him that what we -doing here will swdy take care of the tas1c ud odor prublem and lie asked if Mr. McCormick c:an tdl him the same thing. Mr. McConnidt responded that be bdiews the desiga they -propoling will pat1y enhance the tralCd water taslc and odors. He -,c,d tluil lie is DOI saying it will politMly aR all the problems, bcalUle ti-are pniblcms throughout the CDlllllly widl U111e and odor. EYeD the DaM:r Water Board bad • tasle ud odor prublem ._ )'CIII' with their llalJnCnl S)'l1CIII. Mr. Mc:Connick amarcd CGuncil that we -womag ~ hllnl to addn:a the Ullle 1111d odor prublem, • -11 • the other pn,ceaes being pnlpOIOd to mec& the new ,egulMioN pnlpOIOd by the EPA. Council Member Habenicbl asked, if this ponion does not totally address the tasle and odor problems, is it in llllY ,ny aJUlllcrprOduCl to -.:dung dse being clone. Mr. Mc:Connidt rapoaded thal. no llllllter what we would ~ to do if this didn't wort, we would ~ to do this anyway. All these processes would ~ to be clone DO lllllller what.. The next Slcp. be said, would probably be p,ing to ozone, to preUy much Slerilize the water, ud that would be~ expcnsi\'e. We are p,ing to Uy this fint, be explained, and we would ~ to do this anyway, and if it doesn't wort, we are p,ing to design for adding the oz.one: at a future dale if the ftlquiremenlS ro diclale or if our tasle and odor pniblcms still occur. He opined tluil this will take can: of the ~ty of the tasle and odor pniblcms. Council Member Habenicbl cluified thal, even if this does ROI totally take can: of the lallC and odor problems, this will also address safely ud bea1th issues. Mr. Mc:Connidt agreed. COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH CAMP, D~ER, AND MCKEE, INC. IN THE AMOUNT or mi.eee.eo FOR THE FINAL ENGINEERING DESIGN or THIE ALLEN FILTER PLANT IMPROVEMENTS. Ayes : Nays: Motion carried. Council Members Vonnittag, Wiggins, Habenic:hC. Wagoner, Clapp. Bums None (ii) City Clcrt Ellis prcscntCd a rccommcndalion from the Dc:panmcnt of Financial Services. City Clerk's Division. to set • date for the dcclion of DiSlrict 1 Council Member. Ms. Ellis told Council that. by Chaner, the election mUSl be held bclwecn 60 to 120 days after the n:aJI elcctioo. The firsa Tuesday. she said, meeting all the SllllUlory deadlines. would be April 2~. • SlMOd on the firsa resolution . The second resolution sets the dcction for May I 1•. which is the IIIICII poaible Tuesday the election could be held meeting all the statutory ftlquin:mcnts. Council Member Wiggins said he would like to sec the election CXIClldcd to May n• to allow llllY candidates who arc intc~cd in running for Council Member Di5lria I to ~ enough time to complclC their procedures and to do a fair campaign for off'IOC . He RICOIIUIIClldcd the May I 1• dale . ..... .,· I· • -----------------·--------------------~--------------- E•ckwood City Council Feb1'11ary l, 1997 Pace, 0 • Council Member Vormittag asked what the <.O.., and the 12011, dates arc . Ms . Ellis responded that the 120.., day after the recall clcttion is May 14 .... a Wednesday and the 60.., day is March,,.... Ma)« Bums asked when the candidates will have to IJlDOWICC their candidacy . Ms. Ellis advised that the Campaign Reform Act, that was in effect when the curn:nt Council ran for office, is no longer. The new act is the Fair Campaign Practioes Act that was just recently signed into effect by the Governor. She said she is llill trying to intaprct it, explaining that the Sccrclary of Stale has not yet had a c:hana: to crate guidelines. Ms. Ellis advised that, onc:e Council has set the dale for the clcc:tion, she will back into clcadlincs for -.ination petitions. Approval o( this resolution will allow her to follow Colorado Municipal Election Laws andjusl pull Section 7 .5 from the Uniform Election Laws, which is the mail ballot portion o( it. A lot of things have changed, she Slated, and forms will have to be revamped. Council Member Habenicht said that, unless clcction laws have c:hanpd.. a lot of the SlalUtory municipalities within the Slate hold their clcctions in May. Ms . Ellis said a lot arc holding them in April . Ms. Habcnichl asked if there will be Olhcr elections on the same day as ours. Ms . Ellis said not to her knowledge . Ms. Habenicht said she is just wondering if it would be better to be more oonsi111C111 with that . Ms . Ellis said one of her pn,blcms, when she spoke to Paragon. is thal they arc assisting Colorado Springs and Ft. Collins with their clcctions during the first part of April . This would allow Paragon to clewle more time 10 Englewood's clcction. The resolution was assigned a number and read by title : RESOLlITJON NO . 33. SERIES OF 1997 A RESOLlITION SETIING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICT I , BY MAIL BALI.OT WlllllN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I l(a) (ii) (2) -RESOLUTION NO. 33, SERIES OF 1997. Ayes: Council Members Vonnittag, Wiggins. Habcnicbt, Waggoner, Clapp. Bums Nays : None Motion carried. !Clerk's note : Agenda Item 11 (a) (ii) (I) -was a resolution setting April 29, 1997 as the clcction elate .I (iii) Planning Community Coordinator Stitt prcsenlecl a n:aimmcndalioa from the Dcpanmcnt of Neighborhood and Business l)a,cJopmcnl 10 adopt a bill for an ordinance impoling a moratorium on the issuance of permits for COOSll\lction and iDSlallalion of wireless aJIIUIIUllicali towers. Mr. Still advised that, over the past few years. there has been an incrcnc in the number of cell )lfO\lidcrs wanting to locate facilities within the City of Englewood. Currently, our zoning ordinance docs not have adequate regulations lo cnswc that lhcsc providcn can cn:cl their facilities in the City where appropriate and also provide the citiuns with some design control over the acllhctics o( lhcsc facilities . He said there arc some mnc districts where they arc curn:ntly pcrmillcd, but there arc no rqulalioas puning maximum height or the look of the facilities . Also. we do DOC allow them ill the majority o(the iaidcnlial districts and there may be situations where they may be appropriate if they arc mounted on existing structures. Mr. Still stated that we want to take a look at regulations other communities haw: and involve the citi?.Cns and the wireless industry in discussions axarning whal would be an approprialc ICI of regulations that provide both for this technology that is nccdcd for the community and some protc:ction from the unintended side effects of locating too many towers in an area . •. I· • Ea&tewood City Council Febnaary 3, 1997 ••r:e 10 • • Council Member Wiggins stated that he agrees with Mr . Stitt and supports this wholchcartcdly. He described one such tower that he had seen in a magazine . 111c: tower, he said. was blended into a uec, and looked just like a tfflC from a distance. He opined that something like this would fit into our community and he reiterated his suppon for the bill . Mr. Vormittag said that tree is actually on 1-25 heading 11111th toward c.olorado Springs at Monument Hill. He said it looks really deny. 111c: City Clerk was asked to read Council Bill No . 9 by title: COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON 11IE ISSUANCE OF PERMITS FOR 11IE CONSTRUCTION AND INST ALLA 110N OF WIRELESS TELECOMMUNICATION TOWERS IN 11IE CITY OF ENGLEWOOD, COLORADO, FOR A PERIOD OF EIGKT MON111S . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL aRL NO. 9. Motion carried. Ayes : c.ouncil Members Vormittag. Wiggins. Habenicbt. Waggoner, Clapp, Bums Nays : None (iv) Director Giyglewicz praentcd • n:icommendaliol 6-the Dcpanmenl al Financial Services to adopt • resolutioo 111:0ing fees tor liclenaes. bac:llgroulld cllecb. and applicalion for liccnsc under Title 5, Chapter 5 (Massage Thcnlpist and ~ Thcnlpy Oinic) al the Eaglewood Municipal CAde . Mr. Giyglcwicz reminded Council that previously this evening they ..-S, on second reading. the IIUISUgC thcnlpy section of Title 5. 111c: fees tor thole c:hanps thal were: included uc -ICI by c.ouncil resolution . This wiU SCI it al the previous rate al $20.00, he said. for the ....a, $50.00 for the background. and there is• new application fee alSI0.00 for the dinic and• tbentpilt. They uc the same level . c.ouncil Member Waggoner COIIUIIClllcd 1h11 thole fees lrmlJy pay for Ille papaworl.. Mr . Gryglewicz said it cowers our time and we do 11111 do very-,-altlac. He IOld Coucil 11111 thcy will aw: the opponunity 10 look al thcae fees and rCld them CYCI)' IIUdecl year . 111c: resollllion was assigned • number and read by title: RESOLUTION NO . 34 , SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR MASSAGE 1llERAPY LICENSES UNDER TITLE 5. CHAP'IB 5. OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 . COUNCIL MEMaER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) Ov) -llESOLUTION NO. 34, SERIES OF 19'7. Mocion carried. Ayes : Council Members Vormittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None . . • . I· • Eactn,OOII Chy COIIIICil Febnary 3, 1997 Pace 11 (b) Appro\'c on Second Reading • , . • 1bcrc were no additional items submitted for approval on second n:ading. (See Agenda Item IO -Consent Agenda.) 12 . Geaeral Di--- <•> Mayor's CboiCIC I. Mayor Bums cxpRSICd his appn,ciatioa for Couocil's scnding him to the Pn:sidcatial lnaugunuon. He said he bad an opponunity on Friday before the maiguratioe to lallby our a,agrasioaa.l dclcptioa for funding for Liglll Rail and to sit clown with the lallbyills for Rm to dilcuss the llalUI of the ISTEA bill. 1bcrc is a me year rmewal and the bill is being .--.thorimd this year and it is \'el}' important to Fl Dcmu's transportalion prujc,c:ls inlo that bill. He noted thal he lobbied anc more on the bill Tuesday morning. came back ID Dawcr and went to the Rm board mcding to elect a chair and officers. We ~ he said, by one \'Ole in maintaining our -ting majority in the Rm board to support this pn,jcc(. He said he wishes he could ~ anendcd the gnJUllll,realci for the Southwest Corridor Light Rail Project. bul feels the congrasiollll funding is I real challclllc ftlqUiring US to push ahead and Cl0nli1NC to ~ allcad and lelld lcacn to our cx,ngiessioul dclcptioa. 2. Mayor Bums said ScnalOr Allanl is going to open an office clown al Soulh Qud,cc Stred and Caley on Friday, February 7th. He said if anyone can ID to thal razplioa he would apprec:iale it. 3. Mayor Bums swed Iha& on Thursday he expects to talify bcfon: the Senate Transponation Committee on the Rm bill to inc:n:asc their sales iax flllC from .6% to 1%. There will be a public \'Ole in the fall on thal inaasc, but it has to pass out or the lcgislllwe by bill ia order to ha\'C it on the ballot. He advised thal last year it dicln 't make it. but that he is Filing man: cacourqcmeat that it might make it this time . (b) Council Member's Choice (i) Council Member Clapp said she didn't c:aldl the address of the RICCplion. Mayor Bums said the actual address is 7340 E.1111 Caley A-. (ii) COUNCIL MEM81:R WACGOND MOVED, AND IT WAS SECONDED, TO APPROVE AN ADDITIONAL Sl51.• mil MAYOR 81JMS' 11llP TO WASHINGTON, D.C. Mayor Bums said originally the inaugunl ball -excluded beia. it -tlaougbt tbal there would be such a crowd there that he ncvcr would ICC anyone he knew and .-Id not be able to do any ncr-tiag for the City. Actually, it -a western llalcs ball ud all the Colorado cldcples were dicrc . He bad an opponunity to talk to -.I people. indudiag SculOr PcrllllllllCr, wllo is on the trulpOflalioa a,mmittcc. the lieutenant governor, Rq,reacalalivc Dianna DcOcltc and Wcllingloa Webb, who bas bcca I supponcr of our light rail pn,jc,ct . The cleYdopcr or Cindcrdla City -allO there and the ball tumod out to be a good nctworlting opportunity. Ayes : Nays: Council Members Vormittag. Wiggins, Habcnicbt, Wagoner, Clapp, Bums None . . ..... I· ,-------------------------i.---------------------------..---: • • • Ea&kWood City Council Febnaary J, 1997 Pa,:ell Motion carried. '· • I• • (iii) Council Member Habenicht commented that. in the Mayor's absence, she had the honor of a11ending the groundbreaking. She shared that she got the fccling that lho&c RTD board members who attcndcd were really excited and some were nol. She opined Iha! ii is nol locally consistent just to say that it is from now on an eight lo seven vote. She said she truly bcliaes that the majority of that board is really behind the light rail project . Ms. Habenicht IISICl1cd that she had the feeling from the groundswell within and the good lime that was had by all that maybe that was a difl'crcnt issue and old personalities. She fccls the light rail issue and the soulhwcst corridor is really getting the support of the RTDboanl. Mayor Bums agreed that lhcrc arc probably members in Iha& block of llCVal who would wee against the dcniling oflhis project. He also hopes lhal wc can gcl lo a little bit llrOnFf wting u wc go along. (iv) Council Member Vonnillag lhankcd Mayor Bums for going 10 Washinglon and taking care of the light rail business lhcrc. He said he went to the RTD groundbreaking and noti<:cd that some of the board members didn '1 show up . He said he was able 10 gel one of the shovels from the groundbreaking. He would like to tum ovcr to the City to, perhaps, have made into a plaque of all of the Council that has been involved with this, Doug Clark u the City Manager, and key S1alflhat have really (X)IIIC togclhcr lo help bring Ibis thing about . He suggested keeping ii in City Hall until the depot opens, at which lime it aiuld be taken ovcr lhcrc. (v) COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING TO DISCUSS THREE REAL ESTA TE MATTERS AND ONE PERSONNEL MATTER. Ayes : Nays : Motion carried. 13 . City Mauaer'• ltepolt Council Members Vormittag. Wiggins, Habenicht, Waggoner, Clapp. Bums None (a) City Manager Clart prelClllcd a bi-Mekly Cindcrdla City Acuvity Rq,on for January 29, 1997. Council Member Waggoner asked when wc will be gelling IOgclhcr to dilCUIS some of the things Iha& arc coming out of Ibis. He said wc have asked for a mccling with Clarion in a Study Session to talk lboul the traffic plan, and Equitable 10 talk about the transfer of tbe propcny . City Manager Clart responded tbal he spoke lo Equitable about having a face 10 face mccling with lhcm and Ibey indicated lhal their environmental people should be done with lhcir ponion fairly soon. He said he plaocd a call to them late lasl wcdt and wasn't able 10 gc1 lhruugh 10 him. If Council would like to have a current status rq,on, he said, wc can schedule a audy ICSSioll and also invite the dcvclopcr 10 come. He said he isn '1 sure wc can get Equitable 10 (X)IIIC but probably IIIOll cvcryonc cbc. Mr. Waggoner said ii seems like Clarion should be lhcrc. and -from RTD so that wc aJUld have a good session of questions and answers . Council Member Habenicht suggcslcd discussion wilhoul the developer al lint and then wc aiuld tdl the dcvclopcr lalcr. Council Member Waggoner agrecd that wc really don 'I need the developer there. . . ' • . .. I· Easleweod City C.11ei1 Febniary .J, 19'7 ••u '· . .. • Council Member Vorm;nag said be WOUid like to sec if we can ,et F.qujlable to come. (b) (Clelt's DOie: This lgcnda item was addrcacd prcvjoudy . See Agenda Item 12 (b) (v).J 14. City Aaeney•, ..... Cily Attomey Brotzman did DOI have any mattcn to bring ~ CounciJ . 15 . ' ' .. •. .., • , 1----------~----·-------~---:-----~-- ' 1. • ·, • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 3, 1997 7:30 P.M. Call to order. f"/: a 9 ~ 2. Invocation. w1r 3. Pledge of Allegiance. ~ 4. Roll Call. f/ ~ 5. Minutes. tfffJ fj -0-/ a. Minutes from the Regul• City Council Meeting of January 20, 1997. (,1}~ CA8:ittlt~: !,~A/0 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.I 7. 8 . a. Recognition of former City Council Member Rita Hathaway for nine years of service on Council. . . ~d-lJ:s/p,,v b. Brief Reception. ~ d.T ,f:~/ />'"- Mr. Irving Ben~esent to address Council reg•ding rtie recall N,.e. e~~· and other issues if time allows. c. Non-Scheduled Visitors. (Please limit your presentation to five minutes.I % Communications. Proclamations, and Appointments. ~w/ •. ;~(p -O Letter indicating Steve Kuhlman' s resi9nation from the Englewood Board of Adjustment and Appeals.~ ' ft I arll .,_ ...... ...., .. , ........... lliil.•t IHlfJ!•Glp ... h _ .... ._. .. ..._..,.._...._w, ttt ·-. • . ' ... • 0 '32 x l City Council Agencb Febnwy 3, 1997 ,.2 . . • I• • ~ p/ b. Letter from Linda Donelson !.?<Y~,ting,h«!r resignation from the Englewood /~ (,-{) Cultural Arts Commission . ~ · j c. Letter from Douglas B. Arnold indicating his re~ignation from the Englewood, l!.-f ft)-(] Clean, Green and P~;ssion.~ .,t,.l,,, fJffd L~e1:1J.~ting William~ Boa~u1tle::l:t:/;.ppeals. /), . ,, ,.,,-e. A resolution appointing Tyler Chapman as a Youth Member to the Parks and k/lll4F ~ Recreation Commission . ~jJ-~ f. ~=# 'l g. ~-:#-gr h. /JJp4: 7 i . ~/0 j. ~/I k. ~/;;.._ I. jdlo/1 !3 m. ~0-:#/'f n . ~/~ o . /J,o1r#-/h p . ~/7 q . b.4JJII: If! r . Jf.M#t (9 s. A resolution appointing Kristin Cottle to the Planning and Zoning Commission. A resolution reappointing Mary Dounay to the Public Library Board . A resolution reappointing Henry Galleher to the Clean, Green and Proud Commission. A resolution reappointing Doug Garrett to the Planning and Zoning Commission . A resolution appointing Kristen Gillmon as a Youth Liaison to the Clean, Green, and Proud Commission . A resolution reappointing Frank Golombek to the Clean, Green, and Proud Commission. A resolution appointing Cassie Gootee as a Youth Liaison to the Cultural Arts Commission. A resolution appointing Jennifer Heller as a Youth Member to the Parks and Recreation Commission . A resolution appointing Arleen Hilaire to the Clean, Green, and Proud Commission. A resolution appointing Suzanne Karlqvist as a Youth Liaison to the Clean, Green, and Proud Commission. A resolution appointing Sam Kaufman to the Englewood Downtown Development Authority . A resolution appointing Hanns Knuppertz to the Urban Renewal Authority . A resolution appointing Corrine Lindsey to the Cultural Arts Commi11ion A resolution appointing John Looze, Jr. to the Clean, Green, and Proud Commi11ion. l..._ ..... ,_ .... ....., ....... ...., ............ ,,-.... 1•atw ... CllrafSJ , ... IF Ill _,.... ...................... _ ......... ,... • I· 0 City Council Agencb Febrmry 3, 1997 Page 3 ~:;f-,23 w . /3»#~/x. /dull~y. ~-;/J ~(p z. /)J.JoJJ-.21 aa . ~,)..j" bb . R,uo-=11 ;i.9 cc. ~3o dd . ee. ff . • ·, • '· A resolution reappointing Andrea Menin-Giem to the Clean. Green, and Proud Commission . A resolution reappointing Shannon Mary O'Leary to the Public Library Board. A resolution appointing Rose Peterson as a Youth Liaison to the Cultural Arts Commission. A resolution appointing Charles Redpath to the Board of Adjustment and Appeals . A resolution reappointing Donald Roth to the Clean, Green , and Proud Commission. A resolution appointing Donald Roth to the Urban Renewal Authority. A resolution reappointing Orris Saunders to the Malley Center Trust Fund. A resolution appointing Edward Soulliere to the Clean, Green. and Proud Commission . A resolution appointing Edward Soulliere to the Urban Renewal Authority. A resolution reappointing Susan Van Dyke to the Clean, Green, and Proud Commission. A resolution reappointing Uomar Wsren to the Election Commission. A resolution ~nt!!!g Robin W,tddle to the CJean, fir~. and Proud Commis,Jiof!. /) t::UI Al£ J) !rf>,P~ /AJT IIU:..f/ T A resolution appointing Robin Weddle to the Urban Renewal Authority . gg. A resolution appointing Summer Dawn Witt as a Youth Liaison to the Public Library Board . ~ &-0 0 ~ ~-1£ ~6JR!l!AJ£ LJIJ{)5E'/,,t,r #1-~I ~ 9. Public Hearing. ~one scheduled) '¥-ffl.Ju.l... f~ ff 10. Consent Agenda . a . Appl'rn First Reeding. !hf~ 0~51m"f~ 101,a,,· ~ ,·v i. Council Bill No. 3, -"ovi~ .;,, lnt•gov~Agreement with RTD for City Ditch Piping. , ......... .,,.. .... 111111111y ..... ...., .....••• , ..... ...,.._ ..... ................................... -..... • cou1•11 I I ---~------------------------,·---------,------------------------- • City Council Agenda Febrmry 3, 1997 Pillp4 (NJ--f NII-lo m,J./1--/j ii. iii. iv. • • .. Council Bill No . 6, approving nonbinding Intergovernmental Letters ot Understanding with Arapahoe and Adams counties for Service Fee Payments . Council Bill No. 7, approving an Intergovernmental Agreement with the Colorado Department of Transportation for the SH 285 Median Project from Jason to Cherokee. Council Bill No . 8, approving changes to the Englewood Municipal Code pertaining to Massage Therapy, and removing this chapter from the moratorium. 11. Ordinances, Resolutions, and Motions. a. Approve on First Reading . ~3 3 b . i. ii. Recommendation from the Utilities Department to approve, by motion, a contract for final engineering design of the Allen Filter Plant improvements . Staff recommends awarding the contract to Camp, Dresser. and McKee, Inc. in the amount of $992,000.00. STAFF SOURCE: l•w .. F•11•. DIN..., of ttmdw.~/U-~tet,Ult. /:.._ Recommendation from the Department of Financial Se~ Clerk's Division, to set a date for the election of District I Council Member. STAFF SOURCE: Loucrilhia Ells. Cily Clerk. (11 Resolut~ April 29, 1997 as the election date. dftrid~I O Resolution setting May 13, 1997 as the election date.!)}'11*4 iii. Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance imposing a moratorium on the issuance of permits for construction and installation of wireless communication towers. STAFF SOURCE: Haald Sdtt.,..... Community Coordinator. /);'1,,..., iv. Recommendation from the Department of Financial Services to adopt a resolution setting fees for licenses, backtround checks. and applications for licenses under Title 5, Chapter 5 (Massage Therapist and Ma11age Therapy Clinicl of the Englewood Municipal Code. STAFF SOURCE: Frank G,yglewicz. Dnctor of Flnandal ...... ~ Approve on Second Reading. ,ff , .......... ,.. ..... -,., ...... ....., ............. ..., .. aa,.,~111 ................................... ,... ..... I· ,. • · ... • . . .. , City Council AplldA hbnay 3, 1997 ,.s 12. General Discuuion. a . Mayor's Choice. b . Council ~-bers' c~AILl7).d~ ~ a.c...~ f;So~ fff''7-0 a141~-tYl-~~/~if-~ f).~. 13. City Manager's Report. a. Cinderella City Activity Report. ~!/-ob. Recommendation to go into Executive Session immediately following the regular City Council mee.tina to discuss ttvee real estate matters and one personnel matter. ()j~ • 14. City Attorney's Report. ff Adjournment. i :50 ~ · The following minutes were transmitted to City Council between 01 /17/97-01 /30/97: • Englewood Planning and Zoning Commission meeting of January 7, 1997 ' ' .. ·- • 0 '32xl '· • • ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO J-,y 21, 1"7 I. Call•O.... The rqpdar media& al Ille Englewood City Council -called to Older by Mayor Pro Tem Habcnicbl at 7:37p.m. 2 . ._..... 3. 1'Wae .t Aledeece The J>ledF al Allegiance -led by Mayor Pro Tem Habenicbl. 4 . llollC.U Present: Abmll: A quorum -paaeat. Council Members Clapp, Wigial. Habenicbl. Varmilla&, Wagaacr MayorBuras 5 A !Ciak 's me: TIie Dilllicl I c-iJ .. ii wc:aa • ID die nail m c-il Mallller Hallaway ~ a ..,.;t)' al die Wle II die J-,. 14, 1997 Rec:111 Elecliaa.l Abo plaenl: Cily ......, Clllt City Aaancy ..._ City an Ellil ......, al 1111w .... Scrw:1111 Moricl ••••• Mayor Pro T-Habalidll explaiaacl IO Ille --.:e 11111 Ma,or e.r. is ill w......-D .C . ......_ t11c.......-a1 ...... a... s....., .... ...,_.._ ..... w.....-• ....,.. die City, .... IO kmw people Md.....,.. llr die ....... T, C 1lliua Dillric:I, llr die Lipl Rail, nicbilwry...,.....,_ .. ·-·---............ ..-.. -...... lliclll IO die~ Hip Sdlilill ..... .._ ••••• (a) COUNCD. MDl9Dl YODll'ITAG illOVED. AND IT WAI UCONltU, TO Al'PaOVI TIB MINt1'nS or TIB aEGUIAII IIDTING 0, .IANIIAIIY 6, 1"7. A,a: c-iJ ....._. V ........ W--11 a "ck w._... Clapp Nays : .._ Allllat: ...,. ... • . .. I· • EqlewNIII City Ceudl Jaaary :ZO, .,,7 Pqe2 Motion c::anied. ... • • (a) The Eaglcwood High School Foodllll team was recognized by City Couacil in honor of the Pintes' Cbampioesllip m . Mayor Pro Tan Habenic:bl rad aloud the Pmdamation al Jammy 6, 1997 and offaed bcr ~ IO COKb Randy Pam ud Ille team. Eacll team__. -pea I City al Eaglcwood llpd pin. Team Capwn Tmw Hammers lhamlied the City for ill IUpplllt and told Ille audicnoc dial Ille larF a-* M Ille plllCS made it I lat alfilll. Council Member Vormiuag praeated a cbect to Mais On Wheels Director Jan Andrus. Ms . Andrus advilled Couacil dial tbey servc about 67 people in Eaglcwood ewry clay . She noted their overall aJWlt is 170. Ms. Andrus thanked Council. she said she needs and appreciala the help. Council Member Wigins praeated a cbect to Inter-Faith Tak Forc:c ExecutM Director Sandy Broder. Mr. Bruder said be wUlled to thank Couacil OIi behalf' oldie thousands al Englewood raidents who C101DC to their door all year long ud OD behalf' a( Ille single pl1CIII moms with the children who aJIIIC to his door ud say dial tbey have DO food to fClcd their family ud DO bousing to house their family. He thanked Council for Ille opponunity to coatiDue serving Eaglcwood ud doing their mission. COIIIICil Mclllbcr Clapp plaaMd I cbect to Court faK. hlaJlponted. Volunteer Coordiulor Maly Wairidl. Ms. Wemidl __. dial slle a.led ia 1969. SIie advilDd lhM their EXCICIIIM Dilec:t«, Ana Rabi-. -W bave kMld to be llae toaipl. 11111 dial dlis is dlCir -.I 1DeCW11 llipl. Ms. Wmricb lhubd Counci1 for nil dlcy dD for dlaa. --. * aid, dlcy dD bave cllildla rn-~ with diem. SIie advilDd dial liac:e dlcy .... ill 19'1'0 dlcy 1-c -11,500 lllaed kidl. 7. Na 1ct I I I Villean (a) Randy KJdl. 1632 Eall Nictols A-. told c-iC ttlll Clad KrcA, no -also piacal. is a Boy Scout ill Willow Cnirk. He aid dlcy-..._.to ... I aait .... NqUileaent ud to -bow City Council opcnlCS. 8. CC•• -aa1cic:111flilieN-.. Pncl er-_. A.1111!12 Sr (1) aJlllidcred. A pnrt,.,.icl!I dDclarills die _.,,. alFClblwy, 1997 • A--=-Histoly Mom - COUNCD. Mt:Malta WAGGONUl MOVED, AND IT WAS HCONDU, TO PllOCLAIM TIU MONTH Of n:aaUAllY "'' AS AMl:IUCAN IIISTOllY MONTH IN TIU CITY Of ENGLEWOOD. Aya: Nays : Ablelll : Molioa carried . Couacil Mallbal Vonaiaa&, Wigias. Hnbeaic:lll, w...--. Clapp ~ Mayora.r. • . D •· • • • • . . Eqtew...i City c-a J-,,y20, .,,, ... 3 No public bearing -scheduled bdoR Council . 10 . C...-A..- COUNCD. MEMBER WIGGINS MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) TIIIIOUGB (v) ON rntST READING. (a) AP1J11WC oa Fua Reading (i) COUNCIL Bll.L NO. 3, INTRODUCED BY COUNCil.. MEMBER WIGGINS A Bll.L FOR AN ORDINANCE AU1HOIUZING AN IN'IEROOVERNMENT AL AGREEMENr ENTlll.ED "CITY OF ENGLEWOOD PROJECT AGREEMENT Wl11f RID FOR CITY DITCH PIPING" BE'JWEEN 11IE REGIONAL 11lANSP0RTA110N DIS11UCT (RID) AND 11IE CITY OF ENGLEWOOD, COLORADO. (ii) CON'JllACT Wl11f LIQUID WASIE MANAGEMENT. INC . IN 111E AMOUNT OF $70,129 .00 FOR CLEANING OF 11IE LITl1El'ON/ENGLE WASTEWATER TREA1MENT PLANT ANAEROBIC DIGESTERS . (iii) COUNCIL BILL NO. 6. INTRODUCED BY COUNCIL MEMBER WIGGINS A Bll.L FOR AN ORDINANCE AtmlORIZING AN IN'IEROOVERNMENT AL AGREEMENT ENTl1l.ED "IN'IEROOVERNMENTAL NONBINDING LETIER OF UNDERSTANDING FOR SERVICE FEE PAYMENT." BE1WEEN 11IE Cl11ES OF UTl1El'ON AND ENGLEWOOD. ARAPAHOE COUNTY AND ADAMS COUNTY, COLORADO . (iY) COUNCIL Bll.L NO. 7, INTRODUCED BY COUNCIL MEMBER WIGGINS A Bll.L FOR AN ORDINANCE AU1HOIUZING AN INIBOOVERNMENT AL AGREEMENT PERTAINING TO 11IE MEDIAN OF STATE HIGHWAY 215. BETWEEN 11IE COLORADO DEPAR1MENT OF TRANSPORTATION (CDO'I) AND 11IE CITY OF ENGLEWOOD. COLORADO . (v) COUNCIL BILL NO. I, INTRODUCED BY axJNCIL MEMBER WIGGINS A Bll.L FOR AN ORDINANCE REPEALING TITLE 5, CHAPTER 5. AND ENAC'TING A NEW TITLE 5, CHAPTER 5; AMENDING TITLE 7. CHAPTER 60, BY ADDING A NEW SECTION 14; AMENDING 1111..E 7, CHAPTER 6E. BY ADDING A NEW SECTION 9; AND REMOVING MASSAGE 11IERAPY FROM ORDINANCE NO. 25. SERIES OF 1996 WHIOI PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO . Oluncil Mclllben v--,. WigiM. Haba1icb1. Wagaaer, Clapp ~ MayorBural I· • • • • ., Eqlew_. City Coucil J-ary JO, 19'7 .... Mayor Pro Tem Habenicht IOlcl the audicocc that the COIIIClll A,cnda is a list m ilellll dial aR ,eaenlly bol!Sdrcrpiag issues and that a Council Member amy, if be or sbe wishes. n:moYC an itan 6-the Consent A,cnda. Otherwise, to speed the pnx:as. they ae 11m1 care man • ODCe. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (II) (i) THROUGH (w) ON SECOND READING. (b) Appnwe -SelXJlld Radiq (i) ORDINANCE NO. 4, SERIES OF 1997 (COUNCIL BILL NO. I. INTROOUCED BY COUNCIL MEMBER HA'IHAWA Y) AN ORDINANCE AU11fOIUZING AN INTERGOVERNMENTAL AGREEMENT ENITILED "INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT" BEnvEEN VARIOUS JURISDICTIONS 11fROUGHOlTI' 11IE STATE OF COLORADO AND 11IE crrv OF ENGLEWOOD. COLORADO . (ii) ORDINANCE NO. S. SERIES OF 1997 (COUNCIL BILL NO . 2. INTRODUCED BY COUNCIL MEMBER HA'IHAWA Y) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 111E BROOKRIDGE SHOPPING CENJ'ER. 11IE ELLEN L a.ARIDA MADDEN TRUST. 11IE BROOKRIDGE HEIGKI'S WATER .t SANIT A110N DISTRICT AND 11IE crrv OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO. 6 , SERIESOF 1997 (COUNCIL BD.L NO . 4, INTRODUCED BY COUNCIL MEMBER HA'IHAWAY) AN ORDINANCE AU1HORIZING 11IE EXOiANGE OF PROPER1Y 10 HIOHLANDS RANOf METROPOLITAN DISTRICT NO . 3, PERTAINING TO DR. OHLSON AND 11IE C-470 INTEROfANGE. (iv) ORDINANCE NO. 7, SERIESOF 1997 (COUNCIL BILL NO. S, INTRODUCED BY COUNCIL MEMBER HA'IHAWA Y) AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT AND A lEMPORARY CONSTRUCTION EASEMENT BE"rWEEN 11IE CITY OF ENGLEWOOD , COLORADO AND 111E A-Z COMPANY (11fOMAS PLATING). II . Ayes : Nays : Ablcnl : Couacil Mallbas v......_ Wigim, Hlbeaicbl, WIIUIJDCI'. Clapp Noae MayorBunl 0......-, R111I dw 1M Medw (a) Appnwe aa Finl Radilll • . < .. •· • 0 • .. ---------------------~--- Eacleweod City C•ac:il J-ary 20, 1997 ... s • • (i) Manager Movick praeDled a recommendalioa from the Depanmenl o( Adminisuative Services to approve, by llllllion, the award o( bid for pboac swildl cquipmcnl. with options to be added to the switch, to the low bidder, Lucent Technologies, ia the UDllll o( $450.273 .22. Mr. Movick said it is actually a pasiue to bring this item to Council, • staff" bas been wodting on it for quite some time. Tbe iat.cnt is to lalle -o( the clift'erait types o( phone equipmenl tbll we have tluuugboul the City, be said. and install a l)'ltelll tbll is similar in lllll1IR o(the location and can be accaecl in the -__. tbrougbout the City. Twenty bids were sent out., be adviled, with ten vendon lttmding a mudllDly pn!-pfOplllal wai:aeace, after 1Wbicla five 'Yelldorl bid OIi the pn,ject. P,...cling to Council Member Wagoner, Mr. Movick explained tbal, ia lpitc o( the dmiled nabUe o( the .,.......i tbll -lent -. 1Wbicla -aimed at paing bids back tbll can be a,mpand side by side, the vendon often prqian: daeir bids di&lendy. Eacli bid -loaud It ud redaced ID die ~ specificalions o(the bid. Tbcre were a number o( items in the Lucmt bid. appniaching $90,000.00, wllicb included things such M softwme tbll -'t n,quiJed IO meet the minimum specs. They had over- designed some o( the netwoft facilities. be explained, with one proposed switch that was actually too big. Whal Council is seeing is the City's llltclllpl to get all of the bids to the S1111C minimum level. COUNCIL MEMBER VORMITTAG MOVED, AND rr WAS SECONDED, TO APPROVE TIO AWARD o, am FOR PHONE swrrce EQUIPMENT TO LUCENT TECHNOLOGIES IN TIO AMOUNT OF 5450, 273.22. Ayes: Nays: Absent : Motion carried. Council Members Vormittag, Wiggins. Habenicht. Waggoner, Clapp None MayorBums (ii) IClc:rt's IIOIC : This qenda ilem w a moommcndalion from the Office of Neigbborbood 111d Busi-Deulapmcnt to adopt a raolution appn,ving Hampdal Center ~dopment and ecommic edopaenl UIIZIIIMS. j Mayor Pro Tan Habcnicbl 111111:111 it -her Ulldenlanding tbll staff"bas NqUellCld tblt this item be pulled from the apnda. City Attoniey Brotznan ud City Maupr Clark said tbll is correct. This item -pulled from the ..... (b) Approve OIi Second Reading Tbcre wen: no additional itans IUbmincd for approval on leCIOlld reading. (See Agenda Item 10 -Comeot Agenda.) 12 . Gaenl ....... (a) Mayor's Clioia: I. Mayor Pro Tan Hlbeaicbt inviled eva,-to cw to die RTD p ......... ..___ SIie said they are vesy excited. dill this is the lqinning o( a wllole -way o( life fDr dlall o( • alolla die IIIUlllwell corridor with the CD111ina o( lipt rail . SIie llid the llc.uallieai.ls ii at I :00 p.a . at E.a A-and Santa Fe Dme. Ma. Hlbaliclll a-t dill partilla will be pnilllllly be • a ,......., bul tbal it lhould be l\an IO be then: anyway, to be a part o( dill lliaDric -SIie aid Mayor 11111m ii vesy diappoillled ll DOI beina Ible to be ~ bul tbal lie ii tllcre ia tipiril ad liie, will ca1aillly cany the 11111aer ror him. • . ... I· , • l.ackwood City Council Juuary 20, 1997 Pa~6 (b) Council Member's Choice • - (i) Council Member Vonnittag: I . He said he will be there tomonow to support light rail for our community. 2. He asked if Council would be interested in having a big meeting with all of Slaff. as was done previously at the Buell Mansion. He said this bas not been clone in quite some time. and suggesaed it would be a good time to talk aboul future budget items, Cinderella City and other mattcr5. City Manager Clarlt said. aiincidealally, this was dilcuacd II the clireclors' meeting this morning and they have made it an a,cnda item for next Monday. He rea,mmended that this take place. poaibly, in Mardi prior to when we do the five year capilal plan in the buclFl process. He said they will try to do this on an annual basis jusl prior to the budget process. (ii) Council Member Clapp aslied if a dale has been set for a meeting over at Duncan Park. City Manager Clalt said he is not sure if the dale bas been set but it is in the process. He explained that then: is a z:oning item pending in Planning and l.oning which is a proposal for All Souls School to com,en the old Duncan School inlo a clayQR oelller. We baw: CIICOllllterecl some questions from the neighborhood, he said. and it is his underslanding that City Slaff will be recommending to Planning and Zoning tomorrow night that they continue with the public hearing that they have scheduled and that we hold a public informational meeting in the neighborhood. with rcpn:scntatives of All Souls School. City Slaff. the school district and the neighborhood. He said he was not sure if they have a date. but that he will find out in the morning and e-mail and notify everyone . (iii) Council Member Waggoner RICalled that previously there was some discussion about employccs actually l'lling their SllpCIVisors . City Managcr ClaJt said be does not rcca11 any discussion but he will clisc:uss with the clilllttOl'S whelhcr to illCCJl1IC)nle Iha& into the perfonnance C\lllluation system . Mr . Waggoner said then: is always a lol al fccdNlck going clown. but not a lot going back up to tell whether someone is doing a good job of supervising. Mr. Clalt said that some other organiz.ations do peer review for supervisors. He said be will ICI back to Council after discussing it with the directors. and added that be does not penonally or pbilomphically baw: a problem with incorporating some type of peer or subonliule input into the performance evalualion process. 13 . City Muqer'1 llqlort (a) City Manager Clalt said he will be taking Mayor Pro Tem Habenicht with him to the Light Rail grouncl,n:aking a:n:mony tomorrow and offered a ride to others who care to join them . (b) City Manager Clalt n:poncd. n:prding the Cinderella City rcdC\dopmcnt. that be bas not m;ci\'Cd official word fn,m Equitable with regard to our lalCll proposal. He said be faxed them last wcdl asking what they could do to expeclitc that. Additionally. he said. be had a tdcpbone c;om,enation with them the week before and they inclicated they wen: still seeking -clarific:alion u to what MillerlK.ilCbell believed widl regard to making the buildin& demolition ready . Millcr/K.itcbdl SC111 them a lcacr IMl week pruviclina darificatioa and Mr. ClaJt said be will try fint thing in the mornin& to contact Equitable. Additionally, Millcr/K.itdldl filed their dillric:l plan. wbicll is pan of their PUD, lall Tuesday . Mr. ClaJt advited that they • widl Millcr/K.itcbcll ... Tllunday afternoon and aaecl diem if we need to rCYilc the original calelldlr • the clilUic:t plan -in about 30 clays lalcr than they iDdicalecl. He said they don •• believe it will be na:eaa,y to modify the calendar too Bach. but Miller/K.itcbcl.l promiled they will 10 back and take a look II it. I· • • .. ••CkyC-61 ,_, •.. ,,, ... 7 14. City MIINef'• .... • • < • City Aaur.y Bw did -haYC uy maaer. to bring bdin Council . ••••• Coaaci1 Member w.-llbd if we lie ll die paiDl wllere we llaft ID Ill M elec:liaa fur die v-=- Coaacil-. Mr. Bw lapaaded dill a .-imcMllioJa will be.,_..• die Febiwy 3, 1997 Coaacil ....... City Maaa,eraat 1111111 ... din will 11m be,_.__ ll dlll Willa llr Coaaci1 ID adapt. 15. HJ n COUNCD. IIDmat WIGGINS MOYD TO AalCKJU. TIie melllillg ldjoumed ll l:02 p.m . ~dfli.· City . ' • . .. 0 \ • 0 'a2xl U I T Y December 10, 1996 Mr. Steve ICublman 4930 South Gnat Street Englewood. Colorado IO 11 O Dear Mr. ICubhmo . • ·, • .. 0 ' E N G L E W O O I This letter will coafirm our COIMlalion wbenio you resiped u a member of the Board of Adjustment and Appeals e8'ectiw December 1, 1996. cc: Tbamll I . Barna. Ma,or Raben SimplDa. M....-afNeiplNalllaad A a.-Dcawf q: Hanlld Saa. C I . ' 0.0. ti BOABamd ...... Peraml!dfllll HOO Sou r • ELAT I STIIIT . E•1Lt•111 . CILIUII 11111 -UH THI JU -JU -UU . Fu HJ-Ul·HII 8 I .. • , .... Janu.ary 8, l 997 City of Englewood Cultural Art• co .. ission .. ' . • .. .. •· \. . ' It is with sincere regret that I auat terminate •Y position on the City of Englewood Cultural Arts co .. ission. I have waited as long as possible this last aonth, hoping that th• aituationa developing in •Y life would eaae. They have only beco .. aore deaanding and coaplicated. My faaily is involved in an extreaely difficult experience that aay take aany aonths to resolve. I have been aaked to asaist th•• and feel that I cannot refuse that request. The new deaands placed on •Y life have already altered it draaatically. My hop•• are that when this situation is resolved, I can return •Y support to the art• co .. unity. Sincerely, ~,;~ Linda Donelson . • . ~ ' .. - - • To: From: Date: Subject : • • Clean, Green and Proud Co1111ission Ooua Arncld January 14, 1997 Resianation .. 8 C -------------· . -· i: -, •: - ···21 --- With auch re•ret I aust announce ay resianation tro11 the Enalewood Clean, Green and Proud Coamission effectively iaaediately . Ny huablest apolo1ies tor the short notice. However, because ot recent taaily, career and financial chanaes I aust make this areat sacrifice. In the past year and a half I have thorouahly enjoyed servina with you all and the many projects sponsored by CGP. I believe this co .. ission tultills invaluable services to the coaaunity. I praise you all tor your dedication to CGP and wish that I could stay and serve with you. but at this point in our taaily"s lives it is iapossible. Please accept ay resianation and ay apoloav. D0u1las B. Arnold . , • . ' ... .. • 0 ' . RESOLUTION NO. _ SERIES OF 1997 <. . ,. • A RESOLtmON APPOINTING WILLIAM BODE TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WlqREAS, there ia a vacaey in the Eaglewood Board of Alijustment and Appea)a; and WHEREAS, the Enpwood City Couaci1 deaine t.o appoint William Boele t.o the Enpewood Board of Adjutmellt and Appea)a; NOW, THEREFORE, BE ff BBSOLVED BY THE CITY COUNCU. OF THE CITY OP ENGLEWOOD, COLORADO, THAT: 5ectier 1. W"illiam Boele ia benbJ appointed t.o tbe Enpewood Boud of &ijutment and Appea)a. William Boele'• tam will be eft'ec:tift immecHately and will apire Fellruary 1, 2001. ADOPl'ED AND APPROVED tbia 3rd day ofFellruary, 1997. 'l1lmDal J. Buma, llayar ATTEST: Loucrilbia A. Ellil, City Clerk I, Loacriabia A. EUia, City Clerk far tbe City at ............ Colorado, benby cstifJ the above ii a tne capJ atBaalutim No. __. S.. at 111'1. 8d ' ' ' .. - - ,, RESOLUTION NO. _ SERIES OF 1997 .. . .. • A RESOLtmON APPOIN'nNG TYLBll CIIAPIIAN AS A YOt.rrH IIEIIBER TO THE PARKS AND BBCRBAT!ON OOIDIISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WBBBEAS, tbe Pub and BecrNtiGD CcnmiNim camiata of Dine -a.er., two whom are to be andel-tbe •of......_ ,-n wlml appoiaW far terma to apin on June l, of tbe fallowias ,-r; aad WHEREAS, tbe City Coum:il ... to appoint. yuutb --to fill tbe vacancy OD the Boud filr tbe 1a'lll apiriar Jam 1, 1997; and WHD&AS, Tyler a.a.--... tbe ~ .. btb by City Council for appointment to tbe Pub and ........ c--;-;.._; NOW, THEllEFOBE, BB rr IIBSOLVBD BY THE CITY OOUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ectim 1. Tyler Cb..--ia a..,y appaiDt.ed • a yuutb-. to tbe Parb and RecreatiOD CommiMion. Tyler C,.apenan'• tam will be eftec:tiYe unmediat.ely and will eqiift June 1, 1997. ADOPTED AND APPROVED this 3rd day of February, 1997. ATTEST: Low:riahia A. Ellis, City Clan I, Loucriabia A. Ellia, City Ciak far tbe City of .............. Colcndo, banby cwlif:, tbe abo¥e ia a true copy of....._ No._ Seriea of 1997. ' ' .. - -\ RESO UTION NO. _ SERIES OF 1997 I. . .. • A RESOLUTION APPOINTING KRISTIN COTl'LE TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy Oil the J!lnclewood Plannin, and 7.aniq CommiNion; and WHEREAS, Kriatin Cottle bu applied 1:.o NIW u a member attbe En,lewood Plaaninc and Zoning Commiuion; and WHEREAS, tbe Enpwood City Council.._ to appoint Kriatin Cottle to tbe Enpewood Planamc and Zoniq CommiNion; NOW, THERBFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedior 1. Kriatin Cottle ia benbJ appointed to tbe Bapwoad P1armmr and Zoninr CommipiCJD. Krimn Cottle'• tam will be e&c:tmi iwmectiately and lball apin February 1, 2001. ADOPTED AND APPROVED tbia 3rd day at February, 1997. Thomu J. Burm, Ma:,ur ATTEST : Loucrilbia A. Ellia, City Clerk I, Loucriabia A. Bllia, City Clerk far tbe City al~ Colarado, ....,. certify tbe abcwe ii a tne copy al llaolutian No . __. Serill al 1997. . , ·- - - RESOLUTION NO. _ SERIES OF 1997 . ... A RESOLUTION REAPPOINTING MARY DOUNAY TO THE PUBUC UBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. ,. WHEREAS, Mary Dounay ia a curnnt member of the IDpewood Public Library Board; and WHEREAS, Mary Dounay'a current term apind Feliruary 1, 1997; and WHEREAS, Mary Dounay baa applied far reappointment to the EDpwood Public Library Board; ad WHEREAS, the Mayor with the approval of the Eqlewoocl City Council deairea to reappoint Mary Dounay to the Enclewoocl Pulllic ubrary Board; NOW, THEREFORE, BE IT RESOLVED BY 'nlE CITY COUNCIL OF THE CITY OF ENGLEWOO'b, COLORADO, THAT: Sw;tiqp 1. Mary Dounay ia hereby NaflPllilded to Ba,lewood Public ubrary Boud. Mary Dounay'a term will be dec:tm immectim,ly ad will espire Febnary 1, 2001. ADOPl'ED AND APPROVED thia 3rd day ofFeliruary, 1997. 'l'hamaa J. Buma, Mayor ATTEST : Laucriabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk -tbe City of~ Colando, ....., oatify the above ia a true copy of Beaolutian No. __, S... of 1117. . -:• ... f - - ' ' RESOLUTION NO. _ SERIES OF 1997 P" • .. • \. A RESOLUTION REAPPOINTING HENRY GALLEHER TO THE CLEAN, GREEN ANi> PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Henry Galleher is a current member of the Englewood Clean, Green and Proud Commiuion; and WHEREAS, Henry Galleher'• term apired December 10, 1996; and WHEREAS, Henry Galleher bu applied for reappointment to the Englewood Clean, Green and Prowl CommiMioo for another term; and WHEREAS, the Enpewood City Council demN to reappoint Henry Galleher to the Enti-oocl Clean, Green and Proud CcnmiMiOD for another term; NOW, THEBBFOBE, BE IT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ADOPTED AND APPROVED tbia 3rd clay of February, 1997. Tbomaa J. Buru, Mayor ATTEST : Loucriahia A. Ellia, CitJ Clerk • II I, Loucriabia A. £Ilia, CitJ Clark fDr tbe CitJ fl ......... Colando, ..._, eatifJ the above is a true copy fl llaol•dim No. _. S... fl 1117 . ' • .. . .. - - • RESOLUTION NO. _ SERIES OF 1997 ·, . ... • A RESOLUTION REAPPOINTING DOUG GARRETI' TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ,.. WHEREAS, Doug Garrett ia a current member of the Englewood Planning and 7.oning Commiuion; and WHEREAS, Doug Garrett', current term expired February 1, 1997; and WHEREAS, Doug Garrett bu applied for reappointment t.o the Englewood Planning and Zoning Commiaaion; and WHEREAS, the Mayor with the approval al the Englewood City Council deairea t.o reappoint Doug Garrett t.o the Enpewood Planning and 1.oninc CommiMion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectioo 1. Doug Garrett ia hereby ruppointiad t.o the EnelMrooei Planning and 7.oninc Commiuion. Doug Garrett', term will be 6ctift immediately and will upire February 1, 2001. ADOPTED AND APPROVED this 3rd day al February, 1997. 'lbomu J. Burm, Mayor ATTEST: Louc:riahia A. Ellia, City Clerlr. I, Loucriabia A. F.llil, City Clerk for the City al Bqlewoocl. Colando, hereby certify the above ia a true copy alllaolution No ._ Serim al 1997 . .. - - RESOLUTION NO . _ SERIES OF 1997 . .. • A RESOLUTION APPOINTING KRISTEN GIU.MON AS A YOUTH LIAISON TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council demea to appoint a youth liaiaon to the Clean Green and Proud Commiaaion for the term ezpiriDg June 1, 1998; and WHEREAS, Krist.en Gillman meetll the ~ta aet forth by City Council for appointment aa youth liaiaon to the Clean, Green and Proud Commiuion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjgp 1. Kriat.en Gillman ia hereby appointed u a youth liaiaon to the Clean, Green and Proud Commiaaion. Kriaten Gillmon'• term will be effective immediately and will expire June 1, 1998. ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. Tbomaa J. Burm, Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Bllia, City Clerk far the City al......,_., Colondo, hereby cartify the above ia a true copy al Beaolutian No.__, SeriN al 1997. IJ - - RESOLUTION NO. SERIES OF 1997 · ... . <, . ... • \. A RESOLUTION REAPPOINTING FRANK GOLOMBEK TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Frank Golombek is a current member of the Englewood Clean, Green and Proud Commiuion; and WHEREAS, Frank Golombek'• term upired December 10, 1996; and WHEREAS, Frank Golombek bu applied for reappointment to the Englewood Clean, Green and Proud Commiaion for another term; and WHEREAS, the Englewood City Council deeirN to reappoint Frank Golombek to the Englewood Clean, Green and Proud Commiaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1. Frank Golombek is hereby reappointed to the Clean, Green and Proud Commiuion for the City of Englewood, Colorado. Frank Golombek'• term will be effective immediately and will apire o-mber 10, 2000. ADOPTED AND APPROVED this 3rd day of Febr,aary, 1997. A'l'TIIT: Low:riabia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk for tbe City of Baclewood, Colorado, .._., certify the above is a true copy of Raolutian No. _, S.-of 1997. . .. 8 It .. ; RESOLUTION NO. SERIES OF 1997 . .. • ~~a A RESOLUTION APPOINTING CASSIE GOOTEE AS A YOUTH LWSON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council deeirea to appoint a youth liaiaon to the Cultural Arte Commiuion for the term upiring June 1, 1998; and WHEREAS, Cuaie Gootee meet.a the requirement.a Bet forth by City Council for appointment u youth liaiaon to the Cultural Arte Commiaion; NOW, THEREFORE, BE lT RESOLVED BY 'nlE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;igp 1. Cuaie Gootee ia hereby appointed u a youth liaiaon to the Cultural Arte Commiuion. Cauie Gootee'• term will be effective immediately and will expire June l, 1998. ADOPl'ED AND APPROVED tbia 3rd clay of February, 1997. Tbamu J. Burna, Mayor ATTEST : Loucriabia A. Elm, City Clark I, Loucriabia A. Bllia, City Clark fDr t.be City•......,_., Cobwlo, _.,, catify t.be above ia a tr.. capy •......_No._. S... a 1197. I 1 ' ' •. • I RESOLUTION NO. SERIES OF 1997 ... • • A RESOLUTION APPOINTING JENNIFER HELLER AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ,. WHEREAS, the Pub and Recreation Commiuion c:ori 3ilta of nine members, two of whom are to be under the age of eighteen years when appointed for tenna to apire on June 1, of the following year; and WHEREAS, the City Counc:il deairee to appoint a youth member to fill the vacancy on the Pub and Recreation Commiuion for the term upiring June 1, 1997; and WHEREAS, Jennifer Heller meeta the requirements aet forth by City Council for appointment to the Pub and Recreation Commiuion; NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectigp 1. Jennifer Heller ill hereby appointed u a youth member to the Parka and Recreation Commission. Jennifer Heller'• term will be eff'ective immediately and will expire June l, 1997. ADOPTED AND APPROVED tbia 3rd day of February, 1997. ATTEST : Louc:riahia A. Ellie, City Clerk I, Louc:riabia A. Ellia, City Clerk for the City al Bnpwood, Colorado, hereby certify the above ill a true copy al 8-olution No ._, Seriee ol 1997. •. ' ' .. •, • , ' ' • 0 - - • RESOLtmON NO. _ SERim OF 1997 · ... '· . .. • ~li>-tlf- A RESOLUTION APPOINTING A1lLBBN BILAIBE TO THE CLEAN, GREEN AND PROUD COIIIIISSION FOR THB CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vwncy in tbe Eap,wood Clean, Green and Proud Commiyjon; and WHEREAS, Arleen Hilaire bu apptiad to--• a.__. of the Englewood Clean, Green and Proud Ccmim;won; and WHEREAS, tbe ED,lewood City Coanc:il .._ to appoint Arleen Hilaire to the Engl-ood Clean, Green and Prowl Commiuion; NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S@c;tigp 1. Arlene Hilaire ia hereby appaint.ed t.o tbe Englewood Clean, Orem and Proud Commiuion. Arlene Hilaire'• term will be efl'ec:tive immediately and will upire December 10, 2000. ADOPTED AND APPROVED this 3rd day of February, 1997. Thomas J. Barna, Mayor ATTEST : Laucriabia A. Bllia, City Clerk I, Louaubia A. Bllia, City Clerk llr tbe City of Bapewood, Colorado, benby certify tbe above ia a true copy olRaolution No._, S.-ol 1997 . .. ' . .. • . , •, 0 - - • ,. . . . .. • . . ·•· RESOLUTION NO. _ SERIES OF 1997 ~11>-l'lf- A RESOLUTION APPOINTING ARLEEN BILAIRE TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in tbe Eqlewood Clean, 0-and Proud CommiMicm; and WHEREAS, Arleen Hilaire bu applied to 18Ve u a member oftbe Englewoocl Clean, Green and Proud Commiaaion; and WHEREAS, the En,lewood City Council deairN to appoint Arleen Hilaire to the Englewood Clean, Green and Proud Commiaaion; NOW, THEREFORE, BE IT RESOLVBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sod;ipp 1. Arlene Hilaire ia hereby appaint.ed to tbe Englewood Clean, 0-and Proud Commiaaion. Arlene Hilaire'a term will be effective immediately and will expire December 10, 2000. ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. Thomaa J . Barna, Mayor ATTEST : Loucriabia A. Ellia, City C1ert I, Loueriabia A. Ellia, City Clerk for tbe City of Bapwood, Colando, hereby certify the above ia a true copy of Raoluticm No. _, Seriea of 1997 . ' . j • - - RESOLUTION NO. _ SERIES OF 1997 ,. • • ~~ef A RESOLlITION APPOINTING SUZANNE .KARLQVIST AS A YOUTH LIAISON TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council demea to appoint a youth liailon to the Clean Gnen and Proud CommiMioa for the term apiring June 1, 1998; and WHEREAS, Susanne Karlcpiat meeta the requirements let forth by City Council for appointment u youth liaiaon to the Clean, Green and Proud Commiuion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tiqp 1. Suwme Karlcpiat ia hereby appoint.eel u a youth liaiaon to the Clean, Gnen and Proud Commiuion. SUUDDe Karlcpiat'a term will be effective immediately and will expire June 1, 1998. ADOPl'ED AND APPROVED thia 3rd day of February, 1997. Tbomu J. Burm, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Cln for the City al ........... Colando, __, cat:ifl the above ia a u-copy al Reaoluticlll No.__, Serila al 1117. . , 0 .. - - • • .,---~--,---------------- RESOLUTION NO. _ SERIES OF 1997 <. . .. • A RESOLUTION APPOINTING SAM KAUFMAN TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, there ia a vacancy in the Englewood Downtown Development Authority; and WHEREAS, Sam Kaufman baa applied to ..-ve u a member of the Englewood Downtown Development Authority; and WHEREAS, the En,lewood City Council clemes to appoint Sam Kaufman to the Englewood Downtown Deftlopment Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtipp 1. Sam Kaufman ia hereby appointed to the Englewood Downtown Development Authority. Sam Kaufman'• term will be effective immediately and will apire June 30, 2000. ADOPTED AND APPROVED thia 3rd day of February, 1997. Tbomu J . Burm, Mayor ATTEST : Loucriabia A. Ellia, City C1-k l, Looc:rilbia A. BUia, City C1-k fbr t:ba City~ ......... Colando, bareby certify the above ia a true a,py ~a.olution No. _. Scia ~ 1997 . .. RESOLUTION NO . _ SERIES OF 1997 . .----------- "' • • t\i~ ttfV A RESOLUTION APPOINTING HANNS KNUPPERTZ TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a nancy in the Enpwood Urban Renewal Authority; and WHEREAS , Hanu Knuppertz bu applied to .-e u a member of the Engl-ood Urban Ren-al Authority; and WHEREAS, the Mayor with the approval of'the Bql~ City Council deairea to appoint Hanna Knuppertz to the Engl~ Urban Renewal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5t¥;tiqp. 1. Hanu Knuppertz ia hereby appoint.eel to the Eqlewood Urban Renewal Authority. Hanu Knuppertz'1 term will be effi,ctive immediately and will expire February 5, 2002. ADOPl'ED AND APPROVED tbia 3rd day of'February, 1997. 'lbomu J . Baru, llayar ATTEST : Louc:riabia A. Ellia, City Clerk I, Loucriabia A. EUia, City Clark far the City of Eqlewood, Colorado, benbJ certifJ the above ia a true copy of Beaalutima No. __, Seriel of 1997. .. • ' f - - RESOLUTION NO . _ SER.Im OF 1997 '· • • • ' ... A RESOLUTION APPOINTING CORRINE LINDSEY TO TBB CULroaAL AllTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Eneiewooel Cu1tunl Arta Commiwion ... deNi+ed bJ the ......,_ City Council with the paup • OrdinaDc:e No. 5, Seriea a llN; IIDll WHEREAS, Conine LiDdNJ bu applied t.o aene u a_.• the Baclewood Cultural Arta Commiuion; and WHEREAS, tbe Enclewood City Council deairea to appoint Corrine LiDdN)' t.o the Eogl-oocl Cultural Arte Commiuion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sedim 1. Corrine Lindie)' ia hereby appointed to the Eqlewoocl Cultural Arte Commiuion. Corrine Lindley'• term will be eft'ec:tive immediately and will expire July 1, 1998. ADOPTED AND APPROVED thil 3rd day of February, 1997. Tbomu J. Burns, Ma:,or ATTEST: Louc:riahia A. Ellia, City Clerk I, Loucrilbia A. EUil, City Clerk for the City of Eqlewoocl, Colorado, hereby certify tbe above ia a true copy-~ No . _, Seri• of 1997. . .... .. • , RESOLUTION NO. _ SERIES OF 1997 • • A RESOLUTION APPOINTING JOHN LOOZE, JR. TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a VKUICJ iD the Ea,lewood Clean, Green and Proud CmimiNMJD; and WHEREAS, John Loose, Jr. bu applied to amve u a member of the Englewood Clean, Green and Proud Commiuion; and WHEREAS, the Eqlewood City Coanc:il ..._ to appoint John Loose, Jr. to the Englewood Clean, Green and Proud Commiuion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;im 1. John Loose, Jr. ia hereby appointed to the Englewoocl Clean, Green and Proud Commiuion. John Loose, Jr.'a term will be eft'ective immediately and will apire December 10, 2000. ADOPTED AND APPROVED thia 3rd day of February, 1997. Tbomaa J. Burm, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellis, City Clerk far tbe City of Bapewood, Colorado, berebJ catify the above ia a true copy of Resolution No. ___, S.-at 1997. .. • ; , ' RESOLUTION NO . _ SERIES OF 1997 .• • • C. • l1'i l A RESOLUTION REAPPOINTING ANDREA MENIN-GIEM TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Andrea Menin-Giem ia a current member of the Englewood Clean, Green and Prowl CommiNion; and WHEREAS, Andrea Menin-Giem'1 t.erm apired December 10, 1996; and WHEREAS, Andrea Menin-Giem bu applied for reappointment to the Englewood Clean, Green and Prowl Commiaeion for another term; and WHEREAS, the Eapewood City Council cleeiree to reappoint Andrea Menin-Giem to the Englewood Clean, Green and Proud Coauuaion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tjgp 1. Andrea Menin-Giem ia hereby reappointed to the Clean, Green and Proud Commisaion for the City of Englewood, Colorado . Andrea Menin-Giem'a term will be effective immediately and will expire December 10, 2000. ADOPTED AND APPROVED thie 3rd day of February, 1997. Tho-J. Burna, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I , Loucriabia A. Bllil, City Clerk far the City m IDclwood, Colando, bseby CBtify the above ia a true copy mBeeolutian No. __, S... m 1117. . . ' at • ,; , / RESOLUTION NO. _ SERIES OF 1997 · ... ,, .... . ,. • A RESOLUTION REAPPOINTING SHANNON MARY O'LEARY TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Sbannon Mary O'Leary ia a current member of tbe Engl-ood Public Library Board; and WHEREAS, Shannon Mary O'Leary's current t.erm upired February 1, 1997; and WHEREAS, Shannon Mary O'Leary bu applied for reappoiDUDent to the Engl-ood Public Library Board; and WHEREAS, the Mayor with the approval of tbe Englewood City Council deairea to reappoint Sbannon Mary O'Leary to the Engl~ Public Library Boud; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectigp 1. Shannon Mary O'Leary ia hereby reappointed to Engl-ood Public Library Board. Shannon Mary O'Leary's term will be effective immediately and will expire February 1, 2001. ADOPTED AND APPROVED thia 3rd day of February, 1997. ATTEST : Loucriahia A. Ellia, City Clerk I, Low:riahia A. Bllia, City Clerk far die City m lap,wood. Colando, hereby certify the above ia a tnae copy m R.-olutiaD No . _. Seriea m 1987. •, • • • 0 J , RESOLUTION NO. _ SERIES OF 1997 · ... , . . .. • A RESOLlrrION APPOINTING ROSE PETERSON AS A YOUTH LIAISON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ,. ,.. WHEREAS, the City Council deairea t.o appoint a :,oath liaiaan t.o the Cultural Ana CommiNion for the tm'ID apiring June 1, 1998; md WHEREAS, Boae Pet.eraon meeta the~ Nt forth by City Council for appailltmmt M ,outb. liailon t.o the Cultural Ara CCJmmiNim; NOW, THBBEFORE, BE IT RESOLVED BY fllE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5edioo 1. Boae Peterwi ia hereby appoint.eel • a youth liaiaoD t.o the Cultural Ana Coauniuion. Boae Pet.ffllon'1 term will be eft'ectffe immecliately and will apire June 1, 1998. ADOPl'BD AND APPROVED tbia 3rd clay of February, 1997. Tbomu J. Burm, Mayor ATTEST : Loucriabia A. Bilis, City Clerk l, Loacriabia A. Bilis, City Ciak far the City of.....,_., Calondo, ....., ca'lify the above ia a true capy of Belohdian No.__, s.iel of 1987. .. J ' ' RESOLUTION NO. _ SERIES OF 1997 < ,· • .. ~ • ' A RESOLUTION APPOINTING CHARLES REDPATH TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHBREAS, there ia a v11C11Dcy in the Englewood Board at Alijuatmmt and Appeala; and WHEREAS, Cbarlea Redpath has applied t.o lllrft •a-. atthe Ea,1ewooc1 Board aC Adjuatment and Appeals; and WHEREAS, the Enalewood City Council ..._ t.o appoint Cbarlea Redpath t.o the Englewood Board of Adjutment and Appeala; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5t¥;ticp 1. Chari• Redpath ia bseby appainted t.o the Englewood Board aC Adjustment and Appeals. Chari• Redpath'• t.erm will be eft'eetive immediately and will upire February 1, 1999. ADOPl'ED AND APPROVED tbia 3rd day a/February, 1997. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City al Bap,wood, Colando, bseby c:a1ily' the a1,oq ia a true copy at lleaolutiaa No. __. 8eriaa al 191'1 . . --~-' .. • , RESOLUTION NO. _ SERIES OF 1997 <' • • . " A RESOLUTION REAPPOINTING DONALD ROTH TO CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Donald Roth ia a current member of the Englewood Clean, Green and Proud Commiaaion; and WHEREAS, Donald Rath'• term upincl December 10, 1996; and WHEREAS, Donald Rath bu applied for reappointment to the Englewood Clean, Green and Proud Commiaaion for another term; and WHEREAS, the Englewood City Council deairN to reappoint Donald Roth to the Englewood Clean, 0-and Proud Commiuion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: S@Gtigp 1. Donald Roth ia hereby reappointed to the Clean, Green and Proud Commiaaion for the City of Enalewood, Colondo. Donald Rath'• term will be eft'ec:tive immediately with term expiring December 10, 1996. ADOPTED AND APPROVED this 3rd day ofFebniary, 1997. Tbomu J. Barna, llayur ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellia, City Clark for die City of......,_, Colando, ba9by c:atif:, the above ia a true copy of ReaalatiaD No. _ S.-of 1117. .. • ' , RESOLUTION NO. _ SERIES OF 1997 · ... ... • • A RESOLUTION APPOINTING DONALD ROTH TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there ia a vacancy in the Englewood Urban Renewal Authority; and WHEREAS, Donald Roth bu applied t.o ..-ve • a manber ofthe Enpewood Urban Renewal Authority; and WHEREAS, the Mayor with the approYal of the Englewood City Council cleairN t.o appoint Donald Roth t.o the Enpewood Urban Renewal Authority; .. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5os;tjgp 1. Donald Roth ia hereby appointed t.o the Enpewoocl Urban Rmewal Authority. Donald Roth'• tmm will be effective immediately and will upire February 5, 2001. AOOPl'ED AND APPROVED this 3rd day of February, 1997. Tbomaa J. Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk ilr the City of~ Cokndo, bawbJ cert:ify the above ia a truecopJofllaolutiaD No._, Series of 1997. r • ' . • ' f - - RESOLUTION NO. _ ~OF1997 -... . (, . .. • A RESOLUTION REAPPOINTING ORRIS SAUNDERS TO MALLEY CENTER TRUST FUND BOARD. WHEREAS, Orria Saunclen ia a currmt _. oft.be Malley Cent.er Trut Fund Board; and WHEREAS, Orria Saunden' term baa apired; and WHEREAS, Orria Saunden baa applied far reima....,. tot.be llaDey Center Truat Fwut Board rar mother term; and WHEBBAS, t.be Enpwood City Council clema to reappoint Orria Saunden tot.be Malley Cent.er Trut Fund Board for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sg;tiqp 1. Orria Saunden ia hereby reappoint.eel to tbe Malley Center Trut Fund Board. Orris Saunden' term will be effective immediately with term apiriq April 20, 2001 . ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. ThomuJ.Burna,Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Low:rialua A. Ellia, City Clerk for t.be City of Bnp,wood. Colorado, _..., Clltify the above ia a true copy of RaolutioD No. _, S.-of 1917. ' • • • • I RESOLUTION NO . _ SERIES OF 1997 · ... <. • • ~ i,tP/ A RESOLUTION APPOINTING EDWARD~ TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy iD the Enpewood Clean, Green and Prowl c.ommiuiOD; and WHEREAS, Edward Soulliere baa applied t.o aerve u a mmiber ofthe Enclewood Clean, Green and Prowl Commiwoa; and WHEREAS, the Enpewood City Coancil deaina t.o appoint Edward Soulliere t.o the Enpewood Clean, Green and Proud Commiuion; NOW, THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5e;tim 1. Edward Soulliere is hereby appointed t.o the Englewood Clean, Green and Proud CoauniaiOD. Edward Soulliere'• term will be eft'ec:tive immediately and will upire December 10, 2000. ADOPl'ED AND APPROVED tbie 3rd day of February, 1997. 'l'bomaa .J. Burns, Mayor ATTEST : Loucriahia A. Ellia, City a.rt I, Louc:riabia A. El1ia. City Clen far the City of Bnpewood, Co&ondo. __, ca1ifJ the above ii a true copy of a..olutim No. _, Seriea of 1997. ' . .. • , RESOLUTION NO. _ SEmm; OF 1997 (. • . .. • l:,lkt ve,f..~ A RESOLUTION APPOINTING EDWARD SOULLIERE TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacaac:y in the Enpwood Urban Renewal Authority; and WHEREAS, Edward Soullien baa applied to..-u a ..-ber of the Enclewood Urban Renewal Authority; and WHEREAS, the Ma:,w with the appl'Oftl of the Enclewoocl City Council demee to appoint Edward Soulliere to the Bap,wood Urban Renewal Authority; NOW, THEREFORE, BE rr IIBSOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sestim 1. Edward SouDien ia hereby appoint.eel to the En,lewood Urban Renewal Authority. Edward Soulliere'• term will be effective immediately and will apire February 5, 1999. ADOPl'ED AND APPROVED dua 3rd day al February, 1997. 'l1lomaa J. Buru, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Bllia, City Clerk filr the City al BDpewood, Colando, _., cartify the above ia a true copy al BaohdiaD No. _. Seriea al 1117. .. • ' , RESOLUTION NO. _ SERIES OF 1997 • • • .. A RESOLUTION REAPPOINTING SUSAN VAN DYKE TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Suaan V1111 Dyke is a current member oftbe Enpewood Clean, Green 1111d Proud Commiaaion; 1111d WHEREAS, Suaan V1111 Dyke's term apind ne-ber 10, 1996; 1111d WHEREAS, SUND V1111 Dyke bu applied for l'NppClintamt to the Bqlewoocl Clean, Green IIJld Proud Ccmuniuion for 1111otber term; and WHEREAS, the.,.__. City Council.._ to reappaint Saaaa V1111 Dyke to the Eqlewood Clean, Green and Proud CommilRCJD for another term; NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtjqp 1. SUND V1111 Dyke is hereby reappaintad to the Clean, Orem and Proud Commiaaion for tbe City of Bqlewood, Colondo. Saaaa V1111 Dyke's term will be effective immediately 1111d will upire n-mber 10, 2000. ADOPTED AND APPROVED tbia 3rd day of February, 1997. TbomuJ.Burna,Mayor ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clan far die City of ..... ood, Colando, __, catify tbe above is a true copy of R.-ohatiaD No. __, S... of 1117. I cc f • i , I RESOLUTION NO . _ SERIES OF 1997 °" • • • I" " A RESOLUTION REAPPOINTING LLOMAR WARREN TO ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Llomar Warren ia a c:urnmt member of the Englewood Election Commiuion; and WHEREAS, Llomar Warnm'1 term expired February 1, 1997; and WHEREAS, Llomar Warren bu applied for .-ppointment t.o the Enpewood Election Commiuion for another term; and WHEREAS, the Englewood City Council deairee t.o reappoint Llmnar Warren to the Engl-ood Election Commiuion for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Soc;tigp 1. Llomar Warren ia hereby reappointed to the Election Commiaaion for the City of Englewood, Colorado. Llomar Warren'• term will be effective immediately and will expire February 1, 2001 . ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. Tbomu J . Burna, Mayor ATTEST: Loucriabia A. Ellia, City Clem ... I, Loucriabia A. Ellia, CitJ Cln fDr tbe City al~ Colando, a--, cartify the above ia a true c:opy alReaolul:ian No .__, S... al 1991. .. . • ' ' , - - • RESOLUTION NO. _ SERIES OF 1997 ~. . ~ • A RESOLUTION APPOINTING ROBIN WEDDLE TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there ia a vacancy ill the Enelewood Clean, Green and Proud Commiaion; and WHEREAS , Robin Weddle bu applied to amve u a _. of tbe Enp,wood Clean, Green and Proud Commiwi,m; and WHEREAS, tbe Bnclewood City Council cleairw to appamt Robin Weddle to the Enelewood Clean, Green and Proud Commiaaion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sm;tiqp 1 . Robin Weddle ia hereby appointed to tbe Enclewood Clean, Green and Proud Commiaaion. Robin Wecldle's term will be effective immediately and will eq,ire nee-her 10, 2000. ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. ThcDu J . Burna, llayw ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Bllia, City Clll'k far tbe City al ......... Colando, --, catify tbe above ia a true copy of a..olutioD No. _, Seriea of 1117 . ' ' ' .. . ; ,,; • , Author, SBRADSHAW at Knglevood Date, 2/3/97 09:49 AN Priority, IIOrmal TOI AHABKIIICIIT T01 AVOMITTAG TOI CWIGCINS TOI dclark 'l'O: JtWMJOOIIKR ro, I.CLAPP ro, RBATHAWAY 'l'O: SBRADSHAW ro, SORACE ro, TBUJUIS TO, IIPRITI 'l'O I Lm.LIS ,.. • • Subjects robin wedcll• ------------------------------------.... aac,e content•------------------------------------ robin wedclle wanted to be appointed to the ura only and doean•t ha-time for both ura and CCJ&PC· abe will be declini119 that appoint:aent tonight. C95pc will run with one vacancy until another apoint:aent can be-•· au• b. .. • , RESOLUTION NO. _ SERIES OF 1997 · .. .-. ,.. . .. • A RESOLUTION APPOINTING ROBIN WEDDLE TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there ia a vacancy in the Enpewood Urban Renewal Authority; and WHEREAS, Robin Weddle baa applied to aerve u a mmaber of the Englewood Urban Renewal Authority; and WHEREAS, the Mayor with the approql of the Eapewood City Council desirell to appoint Robin Weddle to the En,tewood Urban 8-wal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgpqp 1. Robin Weddle ia hereby appointed to the Enpewoocl Urban Renewal Authority. Robin Weddle'• term will be eft'ec:tift immediately and will upire February 5, 1998. ADOPl'ED AND APPROVED thia 3rd day ofFebnaary, 1997. Tbomu J. Burm, Mayor ATTEST : Loucriabia A. Bllia, City Clark I , Loucriabia A. Bllia, City Clark far the City of Bapewood. Colando, _...,. certify the abme ia a true copy of Jlaolvtil• No. _, SeriN of 1997. .. • j , RESOLUTION NO. _ SERIES OF 1997 .. . ,. • A RESOLUTION APPOINTING SUMMER DAWN WITI' AS A YOUTH LIAISON TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council demN to appoint a youth liaiaon to the Public Library Board for the term upiring June 1, 1998; IIDcl WHEREAS, Summer Dawn Witt meeta the requinmenta Nt fi:Jrth by City Council for appointment as youth liaiaon to the Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1. Summer Dawn Witt ia hereby appointed u a youth liaiaon to the Public Library Board. Summer Dawn Witt's term will be effective immediately and will upire June l, 1998. ADOPTED AND APPROVED this 3rd day of February, 1997. TbomaaJ. Suma, Ma,ur ATTEST: Loucriabia A. Ellia, City Clan I, Loucriabia A. Ellia, City Clerk a tbe City ol .....,_., Calando, _.., catify the above ia a true copy ol R.-olutiaD No._ S... ol 1997. •• • J , • ORDINANCE NO. _ SERIF.8 OF 1997 • • . . BY AUTHORITY COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR CITY DITCH PIPING" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Regional Transportation District will need to move a freight rail track which crosses the City Ditch between Ridge Road and Mineral Avenue; and WHEREAS, after the freight rail is moved, RTD will install two (2) light rail tracks over the City Ditch; and WHEREAS, in order for the RTD project to proceed, the City Ditch will need to have a 54" reinforced concrete pipe Class V, installed prior to the City Ditch opening on approximately April 1, 1997; and WHEREAS, included in the project will be jacking of approximately 60' of 54" RCP under the east freight rail and the installation of approximately 50' of 54" RCP for the Phase I Project which will enable the completion of the freight rail relocation prior to the installation of the light rail tracks; and WHEREAS, after the irrigation aeuon in November, 1997, the remainder of the 54" pipe and structures will be installed connecting the pipe to the South Santa Fe box structure; and WHEREAS, the 60' of jacking is neceuary since the existing 4 each 36" steel pipes are not conducive to future flow requirements of the City Ditch; and WHEREAS, the existing pipes are over 60 yean old and were not installed at the identified proper grade and maintenance concerns may arile with this type of structure; and WHEREAS, the City of Englewood'11 llhare of Phase I will not exceed $50,000; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ection 1. The Intergovernmental Agreement between the Regional Tranaportation District (RTD ) and the City of Englewood, Colorado, attached hereto as "Exhibit l ," ill h ereby accepted and approved by the Englewood City Council . -I - ' 10 b 1 .. •· 0 1 J2xl • • • EXHIBIT J CITY OF ENGLEWOOD PROJECT AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT FOR CITY DITCH PIPING Agreement, made this __ day of • 1 99 _. by and between the City of Englewood, a home-rule municipality, hereinafter referred to as the "City", and the Regional Transportation District, a political subdivision of the State of Colorado, hereinafter referred to as the "RTD". WITNESSETH: WHEREAS, the Regional Transportation District will need to relocate a freight rail track which crosses the City Ditch between Ridge Road and Mineral Avenue as a part of the Southwest Corridor construction project; and WHEREAS, after the freight rail track is relocated. RTD will install two light rail tracks over the City Ditch; and WHEREAS. in order for the Southwest Corridor construction to proceed, the City Ditch will need to be enclosed in approximately 1 1 5 linear feet of 54-inch reinforced concrete pipe (RCP), Class V, with temporary wingwalls for a connection at the existing west freight rail track box culvert, shown on Attachment A, prior to the City Ditch opening on April 1. 1997, as part of RTO's Advance Utilities-Phase 1 contract (the "Project"); and WHEREAS, included in the Project to enclose City Ditch will be the jacking of approximately 52 linear feet of 54-inch RCP under the existing east freight rail track; and WHEREAS. after the irrigation nason. beginning in November 1997, the remainder of the work to enclose City Ditch will be compieted by installing associated transition structures to connect City Ditch to the existing South Santa Fe box culvert; and WHEREAS. the construction schedule outlined above is desired for completing the remaining work after the Project; however. construction may proceed at other agreed-upon dates so long as irrigation flow is maintained in City Ditch by RTD's contractor; and WHEREAS, the 52 linear feet of jacked 54-inch RCP is necessary since the existing four 36-inch steel pipes are not conducive to future flow requirements of the City Ditch; and WHEREAS, the existing pipes are over sixty years old and were not installed at the identified proper grade and maintenance concerns may arise with this type of structure; and ·- .. ,. 0 'J2xl • ORDINANCE NO. _ SERIF.s OF 1997 <. BY AUTHORITY • • COUNCIL BILL NO . 3 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR CITY DITCH PIPING" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Regional Transportation District will need to move a freight rail track which crosses the City Ditch between Ridge Road and Mineral Avenue; and WHEREAS, after the freight rail is moved, RTD will install two (2) light rail tracks over the City Ditch; and WHEREAS, in order for the RTD project to proceed, the City Ditch will need to have a 54" reinforced concrete pipe Class V, installed prior to the City Ditch opening on approximately April 1, 1997 ; and WHEREAS, included in the project will be jacking of approximately 60' of 54" RCP under the east freight rail and the installation of appro:mnately 50' of 54" RCP for the Phase I Project which will enable the completion of the freight rail relocation prior to the installation of the light rail tracks; and WHEREAS, after the irrigation season in November, 1997, the remainder of the 54" pipe and structures will be installed connecting the pipe to the South Santa Fe box structure; and WHEREAS, the 60' of jacking is necesaary since the existing 4 each 36" steel pipes are not conducive to future flow requirements of the City Ditch; and WHEREAS, the existing pipes are over 60 yean old and were not installed at the identified proper grade and maintenance concerns may arise with this type of s tructure; and WHEREAS , the City of Englewood 's share of Phase I will not exceed $50,000; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Se,;t;ion 1. The Intergovernmental A,reement betw-the Re,ional Transportation Di s trict (RTD ) and the City of Enct-ood , Colorado, attached hereto as "Exhibit 1; is hereby accepted and approved by the Enct-ood City Council. -I - • . 10 b 1 0 I· 0 • • • \, Sectiop 2 . The Mayor is authorized to exec:ut.e and the City Clerk to att.est and seal the Int.ergovemmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading oo the 20th day of January, 1997. Publiabed u a Bill for an Ordinance on the 23rd day of January, 1997. Read by title and puaed on final reading oo the 3rd day of February, 1997. Published by title as Ordinance No . _, Series of 1997, oo the 6th day of February, 1997. Thomas J. Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed oo final reading and published by title as Ordinance No. _, Series of 1997. Loucriabia A. Ellis -2- > , ' 0 • • 0 1 a2xl 1--------------------~--------,.~-----------------~--------------- • • - (. EXHIBIT 1 CITY OF ENGLEWOOD PROJECT AGREEMENT WITH REGIONAL TRANSPORTATION DISTRICT FOR CITY DITCH PIPING Agreement, made this __ day of . 1 99 _. by and between the City of Englewood, a home-rule municipality, hereinafter referred to as the "City", and the Regional Transportation District, a political subdivision of the State of Colorado, hereinafter referred to as the "RTD". WITNESSETH: WHEREAS, the Regional Transportation District will need to relocate a freight rail track which crosses the City Ditch between Ridge Road and Mineral Avenue as a part of the Southwest Corridor construction project; and WHEREAS, after the freight rail track is relocated, RTD will install two light rail tracks over the City Ditch; and WHEREAS. in order for the Southwest Corridor construction to proceed, the City Ditch will need to be enclosed in approximately 1 1 5 linear feet of 54-inch reinforced concrete pipe (RCP), Class V, with temporary wingwalls for a connection at the existing west freight rail track box culvert, shown on Attachment A, prior to the City Ditch opening on April 1, 1997, as part of RTD's Advance Utilities-Phase 1 contract (the "Project"); and WHEREAS, included in the Project to enclose City Ditch will be the jacking of approximately 52 linear feet of 54-inch RCP under the existing east freight rail track; and WHEREAS, after the irrigation season, beginning in November 1997, the remainder of the work to enclose City Ditch will be completed by installing associated transition structures to connect City Ditch to the existing South Santa Fe box culvert; and WHEREAS, the construction schedule outlined above is desired for completing the remaining work after the Project; however, construction may proceed at other agreed-upon dates so long as irrigation flow is maintained in City Ditch by RTD's contractor; and WHEREAS. the 52 linear feet of jacked 54-inch RCP is necessary since the existing four 36-inch steel pipes are not conducive to future flow requirements of the City Ditch; and WHEREAS, the existing pipes are over sixty years old and were not installed at the identified proper grade and maintenance concerns may arise with this type of structure; and ..... • . I· 0 • • • . . " WHEREAS, the City of Englewood will pay for the jacking of the 52 linear feet of 54- inch RCP in the Project, in an amount not to exceed $50,000; WHEREAS, funds have been budgeted and appropriated and sufficient unencumbered funds are available for costs incurred as a result of this Agreement; NOW, THEREFORE. in consideration of the mutual promises contained herein, and for other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The purpose of this Agreement is to provide for the enclosing of City Ditch prior to freight rail relocation and installation of RTD's light rail tracks over the City Ditch as a part of the Southwest Corridor construction project. It is believed that the Project improvements are beneficial to both the City and the light rail system and no effort is made here to quantify the level of benefit to either party. Project elements include: SECTION TWO THE PROJECT a. Enclosing City Ditch in approximately 115 linear feet of 54-inch RCP, Class V, with temporary wingwalls for a connection at the existing west freight rail track box culvert as a part of RTD's Advance Utilities-Phase 1 contract, shown on Attachment A, prior to the City Ditch opening on April 1, 1997. b. Jacking of approximately 52 linear feet of 54-inch RCP under the existing east freight rail track as a part of the work to enclose City Ditch. c . Irrigation flow will be maintained in City Ditch after the Project, from April 1, 1 99 7 , to October 31 , 199 7, after which the remainder of the work to enclose City Ditch will be completed by installing associated transition structures to connect City Ditch to the existing South Santa Fe box culvert . SECTION THREE FUNDING RTD will include the Project as defined in Section Two of this Agreement in its Advance Utilities-Phase 1 contract . The City of Englewood will pay a maximum of Fifty Thousand dollars($50,000.00I for the project upon presentation of final contractor bills and acceptance of the work . 2 ' .. •· • • · ... • '· \, SECTION FOUR RTD REQUIREMENTS a. RTD or its agents will provide design document review, design, inspection, testing and engineering services for the Project. b. RTD or its agents will obtain permits and approvals for the Project and will be responsible for public agency coordination, if any. All costs associated with these activities will be paid by RTD. c. RTD will construct the Project, or portions thereof, or cause it to be constructed in accordance with appropriate local, state, federal laws, and railroad specifications. d . RTD or its contractor will permit and will require subcontractors to permit the City to inspect all data and records with regard to the Project. The City also may require RTD to furnish at any time prior to closeout of the Project, audit reports prepared according to generally accepted accounting principles. SECTION FIVE DESIGN APPROVAL All plans and specifications for construction of the Project shall be reviewed by the City before any construction work is implemented. The City shall have fourteen ( 14) calendar days to comment on plans and specifications submitted. Any change of design made after City review and concurrence, and all change orders which directly impact the Project shall be submitted to City prior to being implemented. The City shall have not more than 3 working days to submit its comments on such changes. The City has assigned Bill McCormick as a liaison person who shall be contacted regarding any proposed changes and shall have the authority to authorize any changes in writing following his review . SECTION SIX RIGHT OF INSPECTION The City shall have the right to have an inspector present on site at any time during construction, provided that this person complies with all RTD safety requirements, and to have a representative at any construction or other mNtings. SECTION SEVEN RECORDS RTD shall maintain all books, documents. papers, accounting records and other evidence pertaining to costs incurred and other performance hereunder and make such 3 .. • 0 1 32xl • • , . • materials available for inspection at all reasonable times during the construction period and three years from the date of acceptance of the Project by the City. On request, copies of such records shall be furnished to the City for the City's permanent records. SECTION EIGHT FINAL INSPECTION RTD shall obtain City's inspection and written concurrence in the acceptance of the completed Project or portion thereof. SECTION NINE AS-BUILT DRAWINGS RTD shall provide to the City a complete set of as-built drawings for the Project upon acceptance of the Project by the City. SECTION TEN MAINTENANCE OF PROJECT The City shall maintain the City Ditch and appurtenant improvements. SECTION ELEVEN ACCESS AGREEMENT AND MAINTENANCE OF TRANSPORTATION CROSSING The City and RTD shall execute a License Agreement in the form shown on Attachment B. granting RTD access to build its light rail line over City Ditch. RTD shall maintain the two light rail tracks over the City Ditch in accord with the terms of the License Agreement. SECTION TWELVE HOLD HARMLESS RTD shall ensure that any contractors it retains for any work on the Project retain Comprehensive General Liability Insurance as specified on Attachment C, for work performed on the Project. RTD , within its legal ability to do so. and without in any way or manner intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C .R.S.), the Colorado Constitution, or under the common law or the laws of the United States or the State of Colorado , shall indemnify and save harmless the City against any and all damages which are recovered under the Colorado Governmental Immunity Act and reduced to final judgment in a court of competent jurisdiction by reason of any negligent act or omission by RTD , its agents. officers, or employees. in connection with the performance of this Agreement. 4 • . .. I. • ,,.. • • <. SECTION THIRTEEN PROHIBITED INTERESTS No officer, member, or employee of the RTD. and no members of its governing body, and no other public official or employee of the governing body of the locality or localities within the district during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement, or the proceeds thereof. SECTION FOURTEEN MISCELLANEOUS 1. Notices. Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the addresses below: John Claflin, Director Development and Engineering Regional Transportation District 1 600 Blake St. Denver, CO 80202 Charles R. Esterly, Director Public Works Department City of Englewood 3400 S. Bati St. Englewood, CO 801 10 2. Severability. Should any provision of this Agreement be declared invalid by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect regardless of such declaration . 3. Agreement Binding. This agreement shall inure to the benefit of and be binding upcn the successors and assigns of the parties thereto. 4 . Laws to Apply. The Project shall be carried out in accordance with the laws of the State of Colorado and all applicable Federal laws and regulations, and all local laws, ordinances and regulations. 5. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in. writing signed by the party charged with such waiver. 6. Terms of Agreement. The terms of this Agreement will continue through the completion of the Project. 5 • . • • C 1 32xl • • ,.. • " • ,, " <. IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. APPROVED AS TO LEGAL FORM REGIONAL TRANSPORTATION DISTRICT By ____________ _ By _____________ _ Legal Counsel Clarence W. Marsella, General Manager ATTEST: CITY OF ENGLEWOOD : By, ____________ _ By ______________ _ Loucrishia A. Ellis, City Clerk Thomas J. Burns, Mayor I ' . , • . .. .. • -· ·- -.. : . ', .. '· - '"'!':; ~~ ·. ·110 ~ .. ,. • • .. 3.1 • i,n.~ ·s I ii i -· • a I 1 J 'i i .. ·-. • Regi-1 Transportation District General Counsel November 27, 1996 Daniel Brotzman, Esq. · Englewood City Attorney 3400 South Elati Englewood, CO 80110 Re : Southwest Comdor Railroad Right-of-Way DRGWRR Pennits 11364, 28706,21178,2890 and proposed license agreement for City Ditch Dear Mr. Brotzman : • • • ATTACHME?r! B The purpose of this letter is memorialize my understanding of our conversation regarding the agreement that RID has requested regarding City Ditch, and modifications the City has requested to DRGWRR pennits in the corridor which have been assigned to RID . Based on our previous conversation, I understand that the City is willing to waive the requirement at paragraph 4 in its proposed License Agreement that RID relocate, rearrange, or remove its installations so as not to interfere with City use, provided RTD makes similar waivers in the licenses it holds . RTD also requests that the City's right in paragraph 4 regarding removal, repair or relocation of its facilities or installations be modified to state that the City shall make every effort to do so without interference with rail operations, and that only in the event of an emergency constituting a threat to the health and safety of the public would tracks be cut, removed or damaged. RTD is willing to make a similar commitment that any work on its tracks will be done malcing every effort to avoid interference with City water or sewer service, and service will be cut off only in the event of an emergency constituting a threat to the health and safety of the public . My suggestion is that all licenses contain the following provision : The panics· acknowledge that this license is to effectuate the provision of services necessary and beneficial to the public . The parties will make every effort to effect repairs, maintenance or modification of the property of licensor or licensee without affecting provision of services to the public, and shall disrupt or halt services provided by licensor or licensee only in the event of any emergency constituting a threat to public health and safety. Pa ragraph 4 is proposed to re3d as follows : The City shall have the right to maintain, install, repair, remove or relocate the City Ditch and its appurtenances within the City Ditch right-of-way, at any time and in such manner u the City deems necessary or convenient . The City reserves the exclusive right to control all easements and installations over City Ditch . Paragraph 11 should also be prefaced by the phrase, "Subject to C.R.S. 24-10-1 O I , et seq .," I· I • • • ·, • <. Any changes or modification RTD makes to the license Agreements will apply only to the portions of the conidor for which RTD holds agreements by assignment. RTD has no assignment of agreements from the Burlington Northern Santa Fe ("BNSF'). The City will be subject to existing railroad requirements regarding cancellarion of licenses for the sections of pipe which cross the BNSF side of the conidor. RTD has no power to change BNSF licenses. To etTectuate the change in the licenses held by RTD, the following changes should be made : License No . 11364 : Paragraph 8, delete everything after "as hereinabove provided." This will leave termination for breach or abandorunent, but not by unilateral decision of licensor. If the City feels disuse fo r,one year may not be considered abandonment and requires a longer period, let me know . License No.28706 : This license contains provisions for termination only in the event of disuse or breach and docs not appear to require modification unless the City requests a longer term under the nonuse provision . License No . 21178 : Paragraph 9, delete everything after "as hereinabove provided ." License No . 20113 : Paragraph 9, delete everything after "full force and effect." It is also my understanding that City of Englewood engineers have requested written approval from the ruroads of design changes to City Ditch before plans are approved. Attached is a utility coordination agreement from the BNSF delegating limited authority to RTD to coordinate with utilities. This agreement pertains to all utilities in the conidor, without specific reference to City Ditch. Although we understand that the City is claiming rights senior to the railroad, RTD must have approval of all plans for utility modification before BNSF will allow work to proceed. Final plans will have to be approved. per paragraph 7. A similar agreement is being negotiated with the Southern Pacific, fonnerly DRGWRR . Written design approval will not have been received from the railroads at the time of c:itecution of the license agreement, but will have been received before RTD can start any work in the corridor . I have attached copies of the license agreements held by RTD showing the proposed modifications. Please let me know if you need anything else. My understanding is that you must bring this to your city Council next week. and I will be happy to offer any assistance that I can. Thank you for your help . - ' ' .. I • I • • - LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the ..-~--. ...... ~day of , 19 ....... ~~~~- by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and ~~~' hereinafter referred to as "Licensee," WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the of Section , Township Range of the P.M., county of Arapahoe, State of Colorado and lying within the following described lines: The above-described parcel contains acres, more or less. l. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's so that the City may, In Its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said - I· 0 • .,---------------------~--, • - the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililties or installations within the City's rights- of-way, at any time and in such manner as the ~ity deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. s. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the existence of said documents or conflicting uses or installations. a. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose aeasure to a compaction of ninety per cent (90\) Standard Proctor Naximwa Density. • . ... I· , • • 10. Licensee, by acceptance of this license, expressly •••um•• full and strict liability for any and all daaag .. of every nature to person or property caused by water from the ditch leaking through th• ditch banks or pipeline at th• point or points where the Licensee performa any work in connection with the croHing provided by this license. Th• Licensee assuaes all r .. ponsibility for aaintenanc• of the installation. 11. Licensee shall indeanify and save baral••• the City, its officers asnd eaploye .. , against any and all claias, daaag .. , actiona or causes of action and expena .. to which it or they aay be subjected by reason of said beiftCJ within and aero•• and under the pr-ins of the City or by reason of any work done or oaission aade by Li~, its agents or eaploy ... , in connection with the construction, replaceaent, aaintenance or repair of said installation. 12. It is expressly agreed that in can of License•'• breach of any of the within promia .. , th• City aay, at its option, have specific perforaance thereof, or sue for damages resulting froa such breach. 13. Upon abandonaent of any riC)bt or privilelJ• berein granted, the right of Licenne to tbat extent aball terainate, but its obli9ation to indeanify and_,,. baral ... the City, its officer• and -.ploy ... , aball not terainate in any event. In grantillCJ the above autborization, tbe City reaer'VeS tbe riC)ht to aak• full un of tbe property involv.d -.. y be nec .. sary or convenient in tbe operation of tbe water works plant and •Y•t-under the control of tbe City. Ilf WI'l'NESS IIRDEOF, this instruaent .... been executed as of the day and year first above written. AffEST: CITY or DIGLDIOOD, city Clerk Lyor APPROVED AS TO FORM: uc:aaa: • • ,. • • (, ATTACHMENT C ADDENDA: The undersigned Bidder acknowledges receipt of the following addenda: A~No._!_ Date rz..f,J1i. Addendum No.~ Date tz.(,J. /tr. Addendum No.__ Date------ Addendum No.__ Date------ Addendum No. Date ____ _ Addendum No. Date _____ _ Failure to acknowledge receipt ot a1 addenda may cause the Bid to be rejected as non- responsive. CONTRACTOR'S LIABILITY INSURANCE: A. The Contractor agrees to obtain and keep in force during the tenn of this Contrad the coverage described below relating to the Wotk, WITH THE RTD NAMED AS AN AOOIT10NAL INSURED. Such insurance shaR be carried with companies satisfactory to the RTO and licensed to do business in the Slate of Colorado, and certifies evidencing · such coverage shaU be furnished to the RTO prior to convnencing any Wor1( under this Contract. Tivee copies of each certificate evidencing such coverage shall be mailed to the RTO . The certificates must show the Contrad Number and give a brief description of the Work to be performed. These certificates shall contain a provision that coverages afforded under policies wiU not be canceled or pennitted to lapse unless at least thirty (30) days prior written notice has been given to the RTO . The RTD rese,ves the right to examine the Contrador's original insurance policies. The Contractor shall notify its insurance companies of any Contrad changes. 8 . The insurance coverage which Contractor shall obtain and keep in force is as follows : (1) Worker's compensation and employer's liability coverage and limits as required under Colorado law, applicable to the work which shall cover the Contrador and all or the ContradOr's employees engaged in the work. (2) Comprehensive general liability insurance coverage with limits not less than One Million and No/100 Dollars ($1,000,00(l.00) per occurrence for Bodily Injury and Five Hundred Thousand and Not100 Dollars ($500,000.00) per occurrence for Property Damage : or One Million and Not100 Dollars (S 1 .000.000 .00) Combined Single Limits , with coverage extended to those items listed below: a. Contractual Liability coverage, covering the Contractor's indemnificauon obligation contained in Section ATC4 .10 -Hold Hannless : b . C. Premises · Operations Completed operations for a two-year minimum period commencing w,th issuance of a final certificate or payment. d. Broad Fonn Property Damage coverage . 11 .. •· • wr----------------------.,.-- ORDINANCE NO. _ SERIES OF 1997 ·, • • ... BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "INTERGOVERNMENTAL NONBINDING LETl'ER OF UNDERSTANDING FOR SERVICE FEE PAYMENT," BETWEEN THE CITIES OF LITl'LETON AND ENGLEWOOD, ARAPAHOE COUNTY AND ADAMS COUNTY, COLORADO. WHEREAS, the Englewood City Council approved the purchase of 5760 acres of farm land in Adams and Arapahoe Counties with the passage of Ordinance No. 2, Series of 1995/1996; and WHEREAS, biosolids, the solid residual produced from sewage treatment, is beneficially recycled on dryland wheat fields as a soil amendment and fertilizer; and WHEREAS, the Cities of Englewood and Littleton own a total of 7040 acres to ensure stable and secure biosolids recycling for the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS, since the Cities are political subdivisioos of the State, the property has been deleted from the tax roles as of the date of purchase; and WHEREAS, a contribution in lieu oftuea in the amount equivalent to the property taxes that otherwise would be asseued against the property would assist in the provision of services such as road maintenance, law enforcement and fire protection and the contribution would enhance public relatiODS in the 1urrounding fanning communities; and WHEREAS, the nonbinding UDdentandinc would allow the Cities to contribute only if desired with such contribution being reviewed annually in the budgeting pn>Ct!88 and appropriated if desired; and WHEREAS , the respective County AIINlora' Offices will annually make a determination of the dilltribution breakdown for this voluntary contribution based on the mill levy of varioua taxing entitiea; and WHEREAS, the contribution would be ahared by the Cities of Littleton and Englewood in accordance with the operating e:a:penae cost •haring formula for the Littleton/Englewood Wastewater Treatment Plant; • I - • . 10 b 11 .. •· 0 1 32 x l • • • (. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sed;ipp 1. The Nonbinding Intergovernmental Understanding for Contribution in Lieu of Property Tues between the Cities of Littleton and Englewood, Arapahoe County and Adams County, Colorado, attached hereto ae "Exhibit l," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and paued on first reading on the 20th day of January, 1997. Publiahed as a Bill for an Ordinance on the 23rd day of January, 1997. Read by title and paued on final reading on the 3rd day of February, 1997. Published by title as Ordinance No . _, Series of 1997, on the 6th day of February, 1997 . 'nlomu J . Burns, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucriahia A. Ellis, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foregoinc ill a true copy of the Ordinance puaed on final reading and published by title u Ordinance No ._, Series of 1997. Low:riahia A. Ellia -2- 0 : • 0 1 32xl .. • Helen L HiD, Treamer . , . ·, • E X H I B I T l Bi.Qty Watewater Treatment Plat 2900 South Platte Rmr Drive Eaglewood. CO 80110 Jamwy 10, 1997 Adami County Treamer', 08ice 450 S. 4tb Awmue Brighton. CO 80601 Dear Ma. Hill: Re: ID1erpemmental Noabinding Letter of Uadentucliag for Semce Fee Payment Thia letter will •rw • caafirmatioa of an iaterpemmental noabiadiDg uadentaacting rucbecl betweeD tbe Cltiea of Littleton and Eaglewood and Adami Coaaty, C.olorado reapei:tiaa ..._ to cel1aia real JNope!ty awaed by tbe CltieL ~ Attadment A hereto. The Cl1iea wat to eamn tbat •mcea to tllil property are coatinaecl and to tbat end desire to make a •mce fee paymeat to Adami Couty to emare the ongoing availability of varioaa ac,vemmeatal •mcea. Since the Otiel are political sabdiYiaiom of the state, the property 11111 beat deleted flma tbe coaty ta roles• of the date of pan:bale. Ncwrtbelell, the Cl1iea are willbta to pay an amoaat eqaivalent to tbe property taea tbat otberwile would be mead apimt dlil property aa order to wilt aa die pravilioa of semces such • road IIIAilataaDce, law emorcement and Ire protectioa to tbe property if Adami County is wiDiaa to accept IUda paymeml and to provide IUda •mcea OD a coatinuiq bail. .. I· • • ·._ - 1be Clties iDteDd, IUbjec:t to anal caac:il review ud appn:,priatiaa, to pay Adams Coaaty a aaaal fee for lllda aervicea. For the pqpme of cletenniaing the amount tbe Clties WOllld pay eadt year, Adami Couaty wiD prcMde to die Cltia. mully, the • e ued valaatioa ud eqai¥aleat of .... -...... llt dlllt wiD .,. the eqaiveleat emomrt of taes tut .....oy woul be 11mnd epilllt die~. ud it DOt beea tebD off tbe A11e11 era's ta !Ole. If the Cltiea clete1111iae to meb llldt ..,__ ia aay p,ea year, it will be made payeble to Adem CoatJ ad be lellt ....,.. die Adams Coaty T!eMmer's Ollce b p110 ceeina wida menace to dlil letter of acleaM wha 1'lle Adami ~ Treemer'1 Ollce wiD clillribate die lee peid by die Cltiea to thole .... autboritica wbo would ave bea ealitlecl to aeceive a poatioll of die peymt bed die property remaiDed cm die ta aalel, ad lllell -. thole eatitiea of die J11UPC* oflllda..,...... Nodmts lmeia IUD be.......... I •cy oreafineellle ..... die odler pertia. Very tnly yoan, By: __________ _ Qty of &p,wood: By: __________ _ 0 ' . .. ' I • . • • 0 'a2xl . ,. · ... • (, \, AITACHMENT A • • • • . . WARRANTY DEED THIS DEED, H•d• thla 27th day of Au911•t, 1996 between Jerry .J. cral9 and ••• Cral9 of the county of Ad-• and State of Colorado, 9rantor, and The City or Llt.tlet.on, a aunlclpal corporation and TM City of Sr19lewood, • aanlclpal eorporatlon of the COunt.y of M ... and St.ate of Co~orado, ,9rant.Ha1 lfJTIISSSSft, ftat. t.11• 9raat.or for and la coaaldarat.1011 of t.be •-of OIII: 8UlfDUD SIi: =::=.::° .r:::: r.T..!:; ::,!:i.J::~. ::: ·0 :!.:0J!·~=~t:.:~c:!r: ::: coa••rN, aad by U•••• pnaeata do•• 9ranti bar9a?a., ••11, coa••r and caaflra uato tbe yraat.aa, Illa llalra aad aaai9aa fore•ar, al t.ba real property, t.:Jat.har wit.lb c:f!:::~•::~c!:.!:' ~. •}!ii!:; !rla9 aad bal119 la t.ha Couatr of aaa aad Stat.a of The Sl/2 of aect.lon l2, Townahlp l South, Ran9a 5'1 Waat of the 6th P.H., &accept that portion thereof deeded to Adaaa county .f:or Nl9hway parpoeee recorded February 2, 1131 1n 8ook 244 at P•v• sae •nd S•c•pt: t.hat portion thereof lyln9 w1.t.h1.n exlatln9 h19hw•y r19ht of w•y aa dlecloeed ln Deed, Ad-County, recorded February 2, 1931 ln 8ook 244 at Pac,e 188, County of Maae, State of Colorado .alao known by etreet. and nuaber ae Vacant Land, , Colorado TOaftm wit.II all aH ai.,•l•r tbe beredlta-•t• aad •PPIIR-•c•• UereU :9.!:~~::;, o~;. ~·1:!::. •:::rt.:!;l:? :::r!:1 • r:::r:t;• t.::' .:::::~1~;,t~-:T!r.~r ... int.•r••t., clala ••d d ... nd whafeo•••r of th• 9raat.or, either ia law or ... J.t.r, of in aad to tba abo•• bar9•ined pr-i•••, wit.It t.be t.eredit.•-•t.• aad •Pl*rt.•-•c••. TO ova AIID TO •OLD ta.a ••id preai••• abo•• ltan,aiaed aH daac'l'lllN, wit.II I.lie •t::rt.aaaacea, ••t.o t.ha graatae, hi• llei'I'• aad •••i1•• fore•er. ._. t.N 9raat.or, for =,:::• ::. :!: !T~~· t::d .~::::~1 .. r:•~::::t:!~·::;1:::~ ::::-::t.h.:r;~ :;'t:!•· ... eoaealin9 a .. daliwary of ti•••• prea-t.a, Ila ia .. 11 aaia .. of t.N pr-i••• abo•• con••t"· Ila• vc,od, ••r•, perfect, altaol•t.• aad i ... feaailll• eat.at.• of iaMrlt.aaca, la law, • faa aiapla, aad baa 90od rl91tt, f•ll ..-r a .. lawf•l ••t.l .. rit.J t.o wraat, bar,aia, ••11 aad con••r the .... ia -•••r aad fora •• aforeeai.•, ... ta.at t.lta .... =~:.!~.;~ :!:!:..!!::.:1!.J•::::~rt::1:!:•:,•~::~.:-~~·=~ ::{:;; !!:::~.'!:::pt. 9eneral t.a••• for 1996 and eub--..u•n~ yeara, ••cept ••-nt.•, re•trietlona, co•enant•, condlt.lona, re-rv•t.lona and ri9hte of way of record, lf any, ITAn or COLOIUIDO Count.y of Ad••• by .Jerry .J. Crai9 and Sva Cral9 -~ ··-·, ••, The for-.olnt lnetruaent wee acknowl..,_. bafor• - thla 27th day of Auc,uet, 1911 Wlt.11e•• •r hand and offlclal eoel. My c-h•lon ••plrH fl1-;;, / ~/?? B' ..-"'.),~ , ,:;i;: /IJ. ,1/ ,• 4 • ..,:4,... ' IIDTMll PUaLIC noo s . Al-• Ave Sult• >•o Denver, cot.oaADO 10201 .. • • • • , . • '· • I · I TBIS DEED, -,1111 dly of ,,n/fttc J.. / ~ /ff' . .......... UDYD LlHmlOR and SICllLEr A. LIMIEBOR ., th• c....cy •f ADAMS/IJIAPAB:1£ and •••1• •' ~~~~"AND 'DIE crrr OF=· Del AS ro »I mll>IVIIEl CIIE-DLF lNIEREST . , C/0 '1JI/c:rr! WATER ~ L___ -80110 -· ·-· -"· ,. 2900 s. PIXITE RIVEll DRIVE~ '-V ef the ,..,.,y •' • and Stau •f eo,.,. ... •f th• Meand part. UITNIIIITN, 1Mt the .. Id f*'IY ef the flru pert, for end In nnehleratlen ef the 1wa ef c-•••••••$1.0.00) TH DOI.LAH Me D0/100fll ta Ill• .. Id ,.,-iy ef the flrsl ,-1 In hand paid by 1he Nltl ,-ty ef the MCONI ,-1, the receipt . ...,._, I• herebr IICl:Mwledted and cw.fn1ed, hes .._..,nerd , ,,1tnt:..S, Hid ... c~. and~ these P"--"• ... .-an,, -..,,,., Mil, ce,wey end cenfh•, WIH tN ulcl ,.,-,, •f \he MC..:I ,.,.,, his hairs and ••I .. fwewer, ell tM f•ll•l,w -.Crtlled lot C...ny •fer ,-~ARAttAJ&· ~u:::;.1::1.~.::;":.1 :,:~ ~ IESCRIPI'I°' l\:rraclED llND Jlll'PQD AS EXIIIJIIT "A" AND Kr.DE A PARl' llll!REIJF AS IF fllLLY SE1' FCRJII IIEIIEDI , AND AL~ OF SELLEI.S INTEIIEST , IF ANY , NOW DIIIIED BY SllLElt Ill ALL GAS, RYDIIDCAJl'1JOIIS, OIL A11D ALL OTHEll Ml:IIEltAL ltlCRTS APPUIITEIIAII'[ TO THE' PllOPl:RTY DUCIIIBED Ill EXHIBIT "A" HEIIETO. . ,., .. wldl ell ..i .,...,...,. ... ....,_,~, Md .,...,..-en TMRH .. ,.,.,,., w 1ft _..., .. WfflOlnl,., ...., die....,.., • ..i ,.....,..,_, ,_,....,..,.. ,_,...,.,, ,....,, laeues • ,refht ....._,; ....i olt die fttate , rllht , title lntwN,. de._..,.._...._......,. ef .... Nlai ,arty ef n. first,.,.,,•'"-' IA l• er ..-ty,•f, t11 ...it:• t:IMi ......................... -......,,s-q .... _..., ...... . IO tlMI -10 ..._, .. MW ...................... _. -..CriW, v l dl rM ...... , ..... , _... t: ... Nhl ,.,-ty ef ........ -"· .... M I N ........ f......,., ......... -·· ..,.,v ...... ""' ,ert , fer ............. ,n ....... en . e,'1111 .-it11l•t~, -..................... lft, eNII .... te .... •ldl die Nhl JIIIMY ef tlle ..... ~t, llh ... lrt .,.i .. , ....... , ..... ·-.. -_,, ................. , ................... ,, _,, ................... ..... ~. • M .... , _.., ~t, ........................... H et i...,.it_., In I•, hi fw ..... , eNII .... ..... r 1-.,, t.11....,.,. ._. • .....,.," •• .,..,., ..,...ffti, Nil.,.. u,,,,,ey , ... .._in...._. eNII f.,. •et--•• . .,.. tMI tlle ..... t.... ... cl .... f,,_ ail l .._. eNII .-r .,....., Nf"lilltN , Ml•, It-, ..... , .............. ............................ ...._.~: ,.., -.._. -_.NI .. ..._ 9"I ... -· ..... ...,.,_ Al ll1111 • ...... , ... •tt.aaD --• .._, -, M tf MU ., Nn• -··· eM ....................... tlllt -.... aMI .................. ef Niil .-,ty 9f ......... ,-rt. Illa •tn eNII -, .. ....._, •II _. ...wy.,.... er ....... 1-,w11y ,, • .._..,. •• lle6a 1M .._. • .,. .._. f11N .._..., .... •hi,.,..,. ef .. o...._ ,-, .. u -•tit ....,. .. ,..... ..,.., ,-.,..,..,......,. ... 11 ,,.,_. .... p&wel, ... ,,. .. , tM ........ _. --.,. __...--...,.,Ill_.._...•• ell ...-,r,. ' .. •--....., ... _.. .,,.t ., ef tttie first ..,., ... lliaf'evue •• flllh ..__ ....... •..,.,..,..... first ..... W l ll9'1, .......... ._. .. ~ I .... I CMAll ___________________ (.Al) ............ I Nll"lallM ......................... "''' .... , 3{ t'>('i ( JOHN G. KENNEDY NOTARY PUBLIC STATE Of COlORAD0 I ,_. la IMUIHT ND • fw .............. lenr4 JIC15235. 04)1240 JlalCM)lltO Ci?JL ,~. 'I ... I • • • ·, • f. .. EXHIBIT A PARCEL l : THE WEST ONE-HALF OF SECTION 28, ALL OF SECTION 29, THE WEST ONE-HALF OF SECTION 32, EXCEPT .THAT PART OF SAID SECTION 32 CONVEYED TO ADAMS COUNTY BY -INSTRUMEm' RECORDED IN B001t 244 AT PAGE 586, WEST ONE·HALF OF SECTION 33, ALL IN TOWNSHIP l SOUTH RANGE 57 WEST OF THE 6TH ,PRINCIPAL MERIDIAN, COUNTY OF ADAMS, STATE OF COLORADO . PARCEL 2 : "i ... t THE WEST-ONE-HALF OF SECTION 4,' ALL OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 57 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO . PARCEL 3: THE SOOTH ONE-~F OF THE SOUTHEAST QUARTER OF SECTION 20; ALL OF SECTION ·21, EXCEPT THE NORTH 4 0 FEET; THE NORTH ONE-HALF OF SECTION 28; ALL OF SECTION 29, EXCEPT THE WEST 40 FEET; ALL IN TOWNSHIP 4 SOUTH, RANGE 57 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OR ARAPAHOE, STATE OF COLORADO . PARCEL 4: •.·. ALL OF SECTION 18 , EXCEPT THE EAST 4 0 FEET; . THE NORTH ONE-HALF OF SECTION 19, EXCEPT THB EAST 40 FEET; THE NORTH ONE-HALF, EXCEPT THE WEST 40 FEET; THE SOOTRWEST QUARTER, EXCEPT THE WEST 40 FEET; AND THI NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 20; . ALL IN TOWNSHIP 4 SOUTH, RANGE 57 'WEST OF THE &TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO . .. . . ~ '"I • • • <, EXHIBIT "B'.'. RESERVATIONS BY THE UNION P~CIFIC LAND COMPANY OF (11 ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT . PROPERTY, (2) T'dE EXCLUSIVE RIGHT TO PROSPECT FOR, HINE AND REMOVE OIL, COAL AND OTHER HIHERALS, AND (3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS ·TO PROSPECT FOR , MINE AND REMOVE OIL , COAL AND OTHER MINERALS, ALL·_:As CONTAINED IN DEED JULY .31, 1916 IN BOOK 61 AT PAGE 49 AS TO ALL OF · SECTION 33, TOWNSHIP 3, SOUTH RANGE 57 WEST OF THE 6TH PRINCIPAL MERIDIAN . ONE-HALF OF ALL OIL, GAS ANO MINERAL,.IGHTS UNDERLYING THE WEST 1/2 ·oF SAID SECTION 32 AS RESERVED BY ANNA HA'.Juii IN WARRANTY DEED RECORDED MAY 4, 1944 IN BOOK 297 AT PAGE .405 . ONE-KALP OF OIL, GAS AND MINERAL RIGHTS UNDERLYING THE WEST 1/2 OF SAID SECTION 28 AS RESERVED BY NELLIE R . DAVIS IN DEED RECORDED FEBRUARY 12, 1947 IN BOOK 331 AT PAGE 3°91. RESERVATIONS BY THE UNION··PACIFIC RAILWAY COMPANY OF (1) ALL OIL, COAL AND" OTHER MINERALS UNDERLYING THE LAND, (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, HINE AND RBMOVE OIL, COAL AND OTHER MINERALS, AND (3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, HINE AND REMOVE OIL, COAL AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED AUGUST 16, 1915 IN BOOK 66 AT PAGE 32. (AFFECTS SECTION Sl ANY AND ALL RIGHTS OF BIJOU TELEPHONE CO-OP ASSOCIATIOH AS EVIDENCED AND CONTAINED IN OEED"RECOROED SEPTEMBER 20, 1976 IN BOOK 2495 AT PAGE 765 . RESERVATION BY THE UNION PACIFIC RAILWAY COMPANY OF (1) ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS , AND (JI THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS , ALL AS CONTAINED IN DEED RECORDED AUGUST 14, 1914 IN BOOK 66 AT PAGE JO AND IN DEED RECORDED SEPTEMBER 5, 1916 IN BOOK HAT PAGE 51 AND ANY AND ALL ASSIGNMENTS TBEREOF OR INTERESTS THEREIN . (AFFECTS SECTIONS 21 AND 29 4S-57W) SURFACE OWNER'S AGREEMEJn'S BETWEEN LINLY HOLLINGSWORTH AND CECLIE HOLLINGSWORTH, LAND OWNERS, AND UNION PACIFIC RAILROAD COMPANY RECORDED JANUARY 23, 1956 IN BOOK 951 AT PAGE 322 (N 1/2 OF SECTION 21); DECEMBER 27, 1966 IN BOOK 1692 AT PAGE 759 IE 1/2 AND SW 1/4 SECTION 21); MARCH 13, 1968 IN BOOK 1750 AT PAGE 353 (ALL OF SECTION 21); JULY 19, 1967 IN 8001 1718 AT PAGE 444 (ALL OF SECTION 29); JULY 7, 1969 IN BOOK 1121 AT PAGE 622 (N 1/2 OF SECTION 291 BETWEEN LINLY HOLLINGSWORTH AND CECILE HOLLINGSWORTH A/K/A CECILE 0. HOLLINGSWORTH, LAND OWNER AND CHAMPLIN PETROLBUM COMPANY RECORDED JANUARY 18, 1972 IN BOOK 1987 AT PAGE 742 (ALL OF SECTION 29). OIL AND GAS LEASE BB'IWEEN CHAMPLIN PETROLEUM COMPANY AND llMOCO PRODUCTIONS COMPANY DATED DECEMBER 8 , 1977 FOR A PRIMARY TERM OF S YEARS, RECORDED DECEMBER 28, 1977 IN BOOK 2703 AT PAGE 395 . PACE I • . .. • • ,.. • • '' EXHIBIT "811 R.ATIFIC .'-TION OF SAID LEASE RECORDED "DECEl-l!!ER 10, 1990 IN BOOK 6059 AT PAGE 565 . ASSIGNMENT OF SAID LEASE TO UNION PACIFIC RESOURCES COMPANY RECORDED JANUARY 7, 1992 IN BOOK 6343 AT PAGE 312 . (AFFECTS SECTION . 29 4S-57W). AN UNDIVIDED 20 PERCENT INTEREST IN AND TO ALL THE OIL, GAS ANO OTHER MINERALS WHICH MAY BE PROOUCED FROM THE NORTH l/2 OF SECTION 28 AND THE SOUTH 1/2 SOUTHEAST 1/4 OF SECTION 20,AS CONVEYED TO ARNOLD L . HOLLINGSWORTH IN MINERAL DEEDS R~cpRDED FEBRUARY 8, 1971 IN BOOK ·1907 AT PAGE 763; AND MARCH 26, 1978 IN BOOK ~431 AT PAGE 432; TO FOREST E . HOLLINGSWORTH BY MINERALS DEEDS RECORDED FEBRUARY 8, 1981 IN BOOK 1907 AT PAGE 765 AND MARCH 26, 1978 IN BOOK 2431 AT PAGE 435; TO HOWARD S . HOLLINGSWORTH BY MINERAL DEEDS RECORDED FEBRUARY 8, 1981 IN BOOK 1907 AT PAGE 767 AND MARCH 26, 1978 IN BOOK 2431 AT PAGE 434; ANO TO MARVIN G . HOLLINGSWORTH BY MINERAL DEED RECORDED FEBRUARY 18, 1981 IN BOOK 1907 AT PAGE 769 AND MARCH 26, 1978 IN BOOK 2431 AT PAGE 433. ALL OIL, GAS, AND:OTHER MINERALS AS CONVEYED IN MINEREAL DEED RECORDED AUGUST 29, 1983 iN BOOK 3954 AT PAGE 14, AS TO ALL OF SECTION 18, THE EAST HALF OF THE SOUTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20, AND THE NORTH HALF OF SECTION 19. . RESERVATIONS AND EXCEPTIONS IN PATENT AND ACTS AUTHORIZING THE ISSUANCE THEREOF . PATENT RECORDED ON SUBJECT PROPERTY ON AUGUST 5, 1915 IN BOOK 78 AT PAGE 491, JANUARY 28, 1920 IN BOOK 128 AT PAGE 31, APRIL 16, 1904 IN BOOK 2 AT PAGE 241, AND JANUARY 19, 1919 IN BOOK 78 AT PAGE 151; AND JUNE 19, 1920 IN BOOK 128 AT PAGE 148 . THERE IS RESERVED FROM THE LANDS HEREBY GRANTED A RIGHT OF WAY THEREON FOR ANY DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF UNITED STATES . (AFFECTS PARCEL 4) RESERVATIONS AND EXCEPTIONS ON PATENT, AND ACTS AUTHORIZING THB ISSUANCE THEREOF. PATENT RECORDED ON SUBJECT PROPERTY ON APRIL 16, 1111 IN BOOK A57 AT PAGE 180 CONTAINING: SUBJECT TO THE RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD SJIMB BB FOUND TO PENETRATE OR INTERSECT PREMISES HEREBY GRANTED . (AFFECTS PARCEL 4) AN UNDIVIDED 100 PERCENT INTEREST IN ANO TO ALL OIL, GAS, CASIIICREAO GAS, ANO OTHER MINERALS IN, UNDER, UPON AND THAT MAY BE PRODUCSD l"ROM DESCRIBED LANDS, TOGETHER WITH THE PERPETUAL AND IRREVOCABLE RIGHT OF IIICRBSS AND . EGRESS AT ALL TIMES, FOR THE PURPOSE OF ENTERING UPON, MIIIIIIC, DRILLING AND EXPLORING SAID LANDS FOR OIL, GAS, CASINGHEAD GAS AND O'l1ID MINSJIALS ANO REMOVING THE SAME THEREFROM AS CONVEYED BY DEBO TO OMER B . P0RDAND AND NORMA A . FOREHANO BY W.W. GILBERT IN THE IIISTRIMINT RECORDSD SEPTDIBEJI. 10, 1946 IN BOOK 557 AT PAGE 261 , ANO ANY AND ALL ASSIGNNDn'S TIIEal:OF OR INTERESTS THEREIN . PACE 2 • ------------~-----------------.. ----------------------------------- • .. • • ,, EXH!B!T "8° (AFFECTS EAST 1/2 NORTHWEST 1/4 AND EAST 1/2 SOUTHWEST 1/4 SECTION 18) TERMS, AGREEMENTS, PROVIS!ONS, CONDITIONS !\!'ID 09LIGATIONS AS CONTAINED IN TELEPHONE DEED BETWEEN DEER TRAIL TELEPHONE COMPANY, AS GRA.JITOR AND THE BIJOU TELEPHONE CO-OP ASSOCI.•.TIOll, AS GR.IUITEE , RECORDED SEPTEMBER 20, l.975 IN BOOK 2495 AT PAGE 765. RESERVATIONS BY THE UNION PACIFIC .LAND COMP.l~NY OF ALL OIL, COAL AND OTHER MINERALS UNDERLYING SUBJECT PROPERTY; THE EXCLUSIVE RIGHT TO PROSPECT FOR, HIil£ AND REMOVE OIL, COAL AND OTHER MINERALS; AND THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR , MINE AND REMOVE OIL, COAL AND OTHER MINERALS ALL AS CONTAINED IN DEEf\ ~-E'fRDED APRIL 3, 1916 IM BOOK 66 'AT PAGE 41. (AFFECTS PARCEL 4) RIGHT OF WAY FOR MONNAHAN RESERVOIR NO . l. AS DISCLOSED ON PLAT RECORDED DECEMBER 10, 1915 IN BOOK 2 AT PAGE 23 . TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER- THE UNRECORDED FARM LEASE DATED APRIL 30, 1991 BY AND BETWEEN LLOYD AND SHIRLEY LINNEBUR 'AS LANDLORD, AJID PROGRESSIVE FARMS, A COLORADO PARTNERSHIP, AS TENANT. OIL AND GAS LEASE BY AND BETWEEII LOUISE HOCKMAN, LESSOR, AIID J . MICHAEL MCGHEE, LESSEE, RECORDED July 20, 1994, IN BOOK 7639 AT PAGE 271. SAID LEASE ASSIGNED TOE . DOYLE HUCKABAY, LTD . IN INSTRUMENT RECORDED AUGUST 9, 1995 IN '· BOOK 8060 AT PAGE 240 . (AFFECTS SECTION 28) OIL AND GAS LEASE BY AND BETWEEN ARNOLD L . HOLLINGSWORTH AND JOLETTE HOLLINGSWORTH, LESSOR, AND J . MICHAEL MCGHEE, LESSEE, RECORDED July 20, 1994, IN BOOK 7639 AT PAGE 273 . (AFFECTS SECTION 28) OIL AND GAS LEASE BY AND BETWEEN HOWARDS. HOLLINGSWORTH AND DONNA HOLLINGSWORTH, LESSOR, AND J . MICHAEL MCGHEE, LESSEE, RECORDED July 20, 1994, IN BOOK 7639 AT PAGE 275 . (AFFECTS SECTION 28) OIL AND GAS LEASE BY AND BETWEEII FOREST E . HOLLINGSWORTH AND NANCY HOLLINGSWORTH, LESSORS, AND J . MICHAEL MCGHEE, LESSEE, RECORDED November 22 , 1994, IN BOOK 7781 AT PAGE 636 . (AFFECTS SECTION 28) AN UNDIVIDED )/4 INTEREST IN AND TO ALL OIL , GAS AND OTHER MINERALS, BOTH METALLIC AND NON-METALLIC WITH THE RIGHT OF INGRESS AND EGRESS AT ALL TIMES TO HINE OR OPERATE FOR THE PURPOSE OF SAVING AND TAKING CARE OF ALL OF THE ABOVE DESCRIBED MINERALS , AS RESERVED BY JOHN BRISON BUCHAHAN, JR . IN THE DEED TO JOHN MONNOHAN , RECORDED OCTOBER 18 , 1946 IN BOOK 561 AT PAGE 98 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THERETO . (AFFECTS EAST 1/2 NORTifWEST 1 /4 AHO EAST 1/2 SOIJTHWEST 1 /4 SECTION 18) LEASE WITH PROGRESSIVE FARMS , A COLORADO PARTHERSIIIP . PACE ) • . I· , 0 -----------------------,----------------------~--- OllDINANCS NO. _ f SERIES OF 1997 • - BY AUTHORITY r COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE MEDIAN OF STATE IDGHWAY 285, BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, federal aid eafety funds have been made available for the engineering and construction of a raiaed median on State Highway 285 from Jason Street to Cherokee Street; and WHEREAS, at the City of Englewood's request, the project includes widening the intersection of State Highway 285 and JllllOn Street to provide a dedicated right turn lane onto Jason Street; and WHEREAS , the City of Englewood's contribution of $20,000, will specifically support COBt8 for widening this intersection; and WHEREAS, the City's contribution has been funded by previous Council action; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tim 1. The Intergovernmental Ap,,ement betwMD the Colorado Department of Transportation (COOT) and the City of Englewood, Colorado, attached hereto u "Exhibit A,• is hereby accepted and approved by the Enpewood City Council. Sec;tim 2 . The Mayor is authorized to ewute and the City Clerk to attest and -1 the Interaovenunental Agreement for and on behalf of the City of Enclewood, Colorado. Introduced, read in full, and paued on tint readins OD the 20th day of January, 1997 . Publiahed u a Bill for an Ordinance on the 23rd day of January, 1997. Read by title and puaed on final readini on the 3rd day of February, 1997 . -1- ·- 10 b 1ff • • 0 'a2 x l • • ,. · ... • Published by title as Ordinance No . _, Series of 1997, on the 6th day of February, 1997 . Tbomu J. Burm, Mayor ATTEST : Loucriabia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and published by title as Ordinance No . _, Series of 1997. -2- • . • • 0 '32x l -------------------------··-----------~------~---------.-,~ • SHE 2854--057 (10301) MEDIAN SH 285 W. OF JASON TO O ·IEROICEE Englewood/Region 6 (TOR) • . . Routing No. 97 HA6 01027 CONTRACT THIS CONTRACT, made this __ day of 1997, by and between the Sta~ of Colorado for the use and benefit of 1HE COLORADO DEP ARTIAENT OF TRANSPORTATION, hereinafter referred to as the State or COOT, and the CITY OF ENGLEWOOD, 34()() South Elati Street, Englewood, CO 80110, FEIN: 846000583, hereinafter referred to as the Local Agency or the City, .. WHEREAS, authority exists in the law and funds have been budgeted, appropri- ated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Contract Encumbrance Number 10301, (Contract Encumbrance Amount $0.00); and WHEREAS, required approval, dearanc~ and coorc.w 1ati0tl ha:, been accomplished from and with appropriate agencies; and WHEREAS, pwsuant to Title I, Part A, Section 1007 of the Jntermodal Surface Transportation Efficiency Act of 1991, and 23 C. F. R. as amended, certain Federal funds have been, and will in the future be, allocated for projects eligible under the Surface Transportation Program for elimination of hazards, hereinafter referred to as "the program"; and WHEREAS, federal-aid safety funds have been made available under the program in project SHE 2'i54-057 for the engineering and construction of a raised median on SH 285 from the west of Jason Street to Cherokee Street in the Cily of Englewood, Colorado, hereinafter referred to as "the Work"; and WHEREAS, the matching ratio for this federal-aid project is 90'Yo federal-did funds to lO'l'n State funds, it being unJerstood that such ratio applies only to such costs as are eligible for federal participation; and ·1· ..... .. X H I • I T A • I· 0 • • • '· WHEREAS, in connection with this federal-aid project, the City of Englewood desires that the intersection of SH 285 and Jason Street be widened; and WHEREAS, the State and the City consider it to be in their mutual interest to cooperate in this project; and WHEREAS, the State and the City desire to set forth their respective obligations and responsibilities with respect to the funding of the work, including the additional intersection widening desired by the City; and WHEREAS, the City is prepared to provide a lump sum contribution of $20,000.00 to the project for the intersection widening it desires within 30 days of the execution of this contract, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the City, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution a.iso establishes the authority under which the City enters into this contract; and WHEREAS, this contract is executed by the State under authority of Sections 24- 16-101 et seq., 24-92-101, et seq ., 2'-J-1-203, 43-1-110, 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S ., as amended. I. II. ~OW. TIIEREfORE, it is hereby agreed that PROTECT DESCRIPTION "The project" or "the Work" under this contract shall consist of engineering and construction of a raised mC?dian from west of Jason StrcM: to Cl,erokee Street in the City of Englewood, Colorado, and shall include widening of the intersection of SH 285 and Jason Street The specific portion of the project to which the City of Englewood is contributing is the widening of the aforementioned intersection at SH 285 and Jason Street. PRO[F.CT FUNDING PROVISIONS A. The total cost the Work is estimated to be 5'25,399.00 which is to be funded as follows: -2- .. I· • 0 1 J2xl a. b. c. d. • t• ·, • (. Federal participating funds: (90'Yo of $.,92,749 .00) State participating share: (10% of $.,92,749 .00) State non-participating share: Local Agency lump sum contribution: Total Funds: $.,53,456.00 $39,273.00 $12.670.00 $20,000 .00 $42.'i,456.00 B. The City shall convey its lwnp sum contribution of $20,000.00 to COOT within 30 days of the execution of this contract. C. The City's $20,000 .00 contribution to the Work shall be used by COOT for widening the intersection at SH 285 and Jason Street. D . J]nless the aforementioned intersection widening is eliminated trom the Work the City's contribution of $20,000 .00 shall be completely non- refundable. E. The Cir; shall not be responsible for any additional funding for the aforementioned intersection wide!-.i.'lg. If the cost of the intersection widening exceeds $20,000 .00 COOT will cover any cost overruns. F. The parties hereto .agree that this contract is contingent upon all funds designated for the project herein being made available from federal, State and Local Agerv::y sources. Should these sources, either federal or Loc:tl Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which e.'Cisted prior to the effective date of such termination or which may occur as a result of such termination. -3- .. •· • Ill. IV. . ~ •, • SfATE CQ:MMITMENI'S A The State will provide liaison with the Local Agency through the State's Region 6 Transportation Director, 2000 South Holly Street, Denver, CO 80222, 303-757-9251 . Said region Transportation Director will also be responsible for coordinating the State's activities under this contract. B. The State will use the funds contributed by the City for the widening of the intersection of SH 285 and Jason Street and subject to fulfilling this commitment the State shall have no obligation to refund or repay to the City any portion of the City's $20,000.00 contribution to the project. C. Plans and specifications for the Work, including the intersection widening, shall be ~ responsibility of COOT. LOCAL AGENCY COMMITMENTS A. The City shall contribute $20,000.00 in lump sum to COOT within 30 days of the execution of this contract. v. GENERAL PRQYlSIONS A. The term of this contract shall begin on the date of the State Controller approval (the "effective date"), u evidenced by the date fLrst writte..'1. above, and shall conti."1.ue through the completion of the Work aI".d final acceptan.-e by COOT. B. The terms .ind conditions of this agreement shall be binding upon the parties unless modified by a written amendment or written supplement executed by the parties hereto. C. This contract shall inure to the benefit of and be binding upon the parties, their successors, and mgns. D . This contract is intended as the complete integration of all understandings between the parties. No prior or c:aatemponneous addition, deletion. or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No sublequent novation. renewal, addition. .. • H. • • <. deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract executed and approved pursuant to the State FISCal Rules. E. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be dec:hareu invalid or b«ome inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any brear.h of a term hereof shall not l-..€ construed as a waiver of any other term, or the same term upon subsequent breach. F. 'This contract is subject to such modifications as may be required by changes in federal or State iaw, or their implementing regulatioru;. Any such required modification shall automatically be incorporated into ,md be part of this contract on the effective date of such change as if fully set forth herein. Except as may be provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law . G. It is expressly understood a!".d agreed that e.'lforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, !.hall be strictly reserved to the T..ocal Agr:n:;y and the State, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the Local Agency and the State that any person other than the local Agency or the State receiving services or benefits under this contract shall be deemed to be an incidental beneficiary only . lhis contract may be terminated as follows: (1) T,:rmipation for Cause. If, through any cause. the City fails to fulfill in a timely and proper manr,er all obligations untler this contract. or if tbe City -5- .. •· 1---------------~---------,.,-----------------~----------- • • • s. " violates any of the covenants, agreements, or stipulations of this contract, COOT shall thereupon have the right to terminate this contract for cause by giving written notice to the Oty of such termination and specifying the effective date thereof, at least five days before the effective date of such termil'.ation. (2) Termination for Convenieflce. If COOT determines that it no longer serves the State's interest tu perform the work it may upun 30-day written notice to the Local Agency to cancel this contract. COOT shall effect such termination hy g;v;ng written notice of termination to the Loc:il Agency and specifying the effective date thereof, at least 30 days before the effectivl! date of mich termination. In that event, COOT shall re fund to the City its funding contribution. (3) Termination Due to um of Furuiin&. The parties hereto expressly recogni:l:e that th.is project is contingt!flt upon the funding contributions to be made by each of the parties to this contract. In the event that such funds or any part thereof are not made available for the work, COOT may immedi:itciy terminate or amend this contract. I. Each party represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the party and to bind tilt! party to its terms. The person(s) executing this contract on behalf of the Local Agency wammt that they have full authorization to execute this contract. -6- .. • 0 'J2xl • • • .. • IN WfINF.ss WHEREOF, the parties hereto have executed this contract the day and year first above Written. A1TEST: By ____ _ Chief Cede By ______ _ Title ____ _ STATE OF COLORADQ ROY ROMER_ GOVERNOR By_ Executi VI! Directur DEPARTMENT OF TRANSPORTA 'l10N CITY OF ENGLEWooo, COLORADQ By _______ __ Titfe -------- .Federal Employer Identification Number; 8460oo.s83 -7- .. ~----------------::----__ • • OaDINANCB NO. _ SERIES OF 1997 BY AUTHORITY • • COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 5, AND ENACTING A NEW TITLE 5, CHAPI'ER 5; AMENDING TITLE 7, CHAPI'ER 60, BY ADDING A NEW SECTION 14; AMENDING TITLE 7, CHAPl'ER 6E, BY ADDING A NEW SECTION 9 ; AND REMOVING MASSAGE THERAPY FROM ORDINANCE NO. 25, SERIES OF 1996 WIDCH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council eetabliabed a temporary &Ullp898ion or moratorium of certain miacellaneoua bwrinNB lic:emet1 for a period of aa month& with the puaage of Ordinance No. 25, aeriea of 1996; and WHEREAS, the moratorium or temporary IIUBJM!IWon included muaage therapy licenaes; and WHEREAS, the City of Englewood wiBhea to adopt requirement& for a muaage therapiat licenae which recognize the health and aafety iuuea related to thia profesaion; and WHEREAS, the City Council hereby declarea that the licenaing and regulation of mUBage therapy within ita jwilldiction are matter& of local and municipal concern in addition to being mattera of atatewide concern u declared by the Colorado General Aaaembly; and WHEREAS, it ii the intention of the City Council to adopt aupplementary atanclarda for muaage therapy within ita jwilldiction to thoae provided by the Colorado General Aaaembly; and WHEREAS , the City Council hereby determinea that enactment ofthia mauap therapy ordinance ii neceaaary to protect the health, aafety and welfare of the people of the City; and WHEREAS, the City of Eqlewood wiahea to focus on the profeuional qualificationa of applicants; and WHEREAS , the City of Englewood wiahea to uclude certain medically euperviaed profe&1ionala from the requirements of tbia title; and WHEREAS, the City of Enclewood will require applicants to prove they have the neceaaary traininf accredited by the State of Colorado; another atate or tbroup an approved equivaleney pl"Op'IUD; and WHEREAS, the City of Eqlewood will require applicants to prove they have prof-ional liability iuurance to protect the public; and -1- 10 b iv .. • 0 • ,.. • • ~. WHEREAS, persons exempted from these licensing requirements are subject to state statues and other requirements of their profession; and WHEREAS, the City of Englewood requires licensed massage therapists to display a valid license or have an identification card available for inspection so users of these services can identify and verify that massage therapy providers are licensed; and WHEREAS, the massage therapist and massage clinics must have the necessary insurance for their clients protection; and WHEREAS, certain prohibitions have been moved to Title 7, as they are more properly classified as criminal violations; and WHEREAS, the City of Englewood prohibits certain acts to protect the public; and WHEREAS, the City of Englewood has incorporated more stringent standards in the licensing of massage therapists than the State of Colorado; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado repeals Title 5, Chapter 5, and enacts a new Title 5, Chapter 5, entitled Massage Therapy which shall read as follows: SECTION: 5-5-1: Definition• 5-5-2: License Required 5-5-3 : Application for Liceme 5-5-4: Special Conditiona and Reatrietiom « the Liceue 6-5-1: DEFINITIONS: FOR THE PURPOSE OF TIUS CHAPTER THE FOLLOWING DEFINITIONS APPLY: MASSAGE : ANY METHOD OF PRESSURE ON OR FRICTION AGAINST OR STROKING, KNEADING, RUBBING , TAPPING, POUNDING, VIBRATING OR STIMULATING OF THE EXTERNAL SOFT TISSUE OF THE BODY WITH THE HANDS OR OTHER PARTS OF THE HUMAN BODY OR WITH THE AID OF ANY MECHANICAL OR ELECTRICAL APPARATUS OR APPLIANCE, WITH OR WITHOUT SUCH SUPPLEMENTARY AIDS AS RUBBING ALCOHOL, LINIMENTS, ANTISEPl'ICS, OILS, POWDER, CREAMS, LOTIONS, -2- .. • ' .. • .. • C• • " OINTMENTS OR OTHER SIMILAR PREPARATIONS USED IN THIS PRACTICE . MASSAGE THERAPIST: A PERSON WHO HAS GRADUATED FROM A MASSAGE THERAPY SCHOOL ACCREDITED BY THE STATE EDUCATIONAL BOARD OR DMSION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS, OR FROM A SCHOOL WITH COMPARABLE APPROVAL OR ACCREDITATION FROM ANOTHER STATE WITH TRANSCRIPTS INDICATING COMPLETION OF AT LEAST FIVE HUNDRED (500) HOURS OF TRAINING IN MASSAGE THERAPY. FOR THE PURPOSES OF THIS CHAPTER, A MASSAGE THERAPY SCHOOL MAY INCLUDE AN EQUIVALENCY PROGRAM APPROVED BY THE STATE EDUCATIONAL BOARD OR DMSION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS. LICENSED PREMISES THE PREMISES SPECIFIED IN AN APPROVED APPLICATION FOR A LICENSE UNDER TIUS CHAPTER WHICH IS OWNED OR IN THE POSSBSSION OF THE LICENSEE AND WITIUN WHICH SUCH LICENSEE IS AUTHORIZED TO CARRY ON THE PRACTICE OF MASSAGE THERAPY OR RECEIVE REQUESTS FOR THE SUPPLYING OF MASSAGE THERAPY. MASSAGE THERAPY CLINIC : ANY ESTABLISHMENT WHERE ANY PERSON, FDUI, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGES IN, CARRIES ON OR PERMITS TO BE ENGAGED IN OR CARRIED ON ANY OF THE ACTIVITIES UNDER THE DEFINITION OF "MASSAGE" IN THIS CHAPTER. OFF PREMISES MASSAGE : MASSAGE THERAPY PERFORMED OUTSIDE THE LICENSED PREMISES . -3- ' . , • ' ' •· 0 1 32xl • -~-------------------------- • 5-5-2: UCENSE REQUIRED : IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PERFORM A MASSAGE AND IT SHALL BE UNLAWFUL TO OPERATE A MASSAGE THERAPY CLINIC IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE FOR SUCH ACTMTY EXCEPT FOR THE FOLLOWING CLASSES OF PERSONS: A . PHYSICIANS, OSTEOPATHS, PHYSICAL THERAPISTS, CHIROPODISTS, PODIATRISTS, OR CHIROPRACTORS LICENSED IN THIS STATE, THEIR OFFICES AND CLINICS , AND ALL PERSONS WORKING IN THEIR OFFICES AND CLINICS UNDER THEIR SUPERVISION AND DIRECTION. B . HOSPITALS AND ALL PERSONS EMPLOYED BY INSTITUTIONS AND ESTABLISHMENTS LICENSED BY THE STATE AS HOSPITALS WHILE PERFORMING THEIR USUAL DUTIES WITHIN THE HOSPITAL OR INSTITUTION SO LICENSED . C . REGISTERED NURSES AND LICENSED PRACTICAL NURSES PERFORMING MASSAGE SERVICES IN THE COURSE OF THEIR USUAL NURSING DUTIES. D . COSMETOLOGISTS AND BARBERS DULY LICENSED UNDER THE LAWS OF THIS STATE, ACTING IN THE COURSE OF THEIR USUAL DUTIES AS COSMETOLOGISTS AND BARBERS. E. TRAINERS OF ANY RECOGNIZED AMATEUR, SEMI- PROFESSIONAL, OR PROFESSIONAL ATHLETE OR ATHLETIC TEAM . 5-5-3: APPLICATION FOR UCENSE: A. THE APPLICATION FOR A MASSAGE THERAPIST LICENSE OR MASSAGE THERAPY CLINIC SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING : 1. INSURANCE REQUIRED : LICENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE : i. COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100 ,000.00 ) PER OCCURRENCE AND AGGREGATE . iii . FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE C. LICENSES GRANTED UNDER THIS CHAPTER ARE NOT TRANSFERABLE . -4 - .. 0 I. • ·;---------..-:------.._-., • • D. EDUCATION. 1. THE APPLICANT MUST PROVIDE COMPLETE DISCLOSURE OF HIS OR HER EDUCATION AND EXPERIENCE AS A MASSAGE THERAPIST. 2. TO OBTAIN A MASSAGE THERAPIST LICENSE THE APPLICANT MUST HAVE GRADUATED FROM A MASSAGE THERAPY SCHOOL ACCREDITED BY THE STATE EDUCATIONAL BOARD OR DMSION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS, OR FROM A SCHOOL WITH COMPARABLE APPROVAL OR ACCREDITATION FROM ANOTHER STATE WITH TRANSCRIPTS INDICATING COMPLETION OF AT LEAST FIVE HUNDRED (500) HOURS OF TRAINING IN MASSAGE THERAPY. FOR THE PURPOSES OF THIS CHAPTER, A MASSAGE THERAPY SCHOOL MAY INCLUDE AN EQUIVALENCY PROGRAM APPROVED BY THE STATE EDUCATIONAL BOARD OR DMSION CHARGED WITH THE RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL SCHOOLS . E . CRIMINAL BACKGROUND : 1. THE APPLICANT SHALL BE REQUIRED TO SUBMIT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS . 2 . NO PERSON WITH A FELONY RECORD OR WHO HAS BEEN CONVICTED OF A MORAL TURPITIJDE CHARGE SHALL BE ALLOWED TO OBTAIN A MASSAGE THERAPIST OR MASSAGE THERAPY CLINIC LICENSE. 5-1-4: SPECw. CONDfflONS AND BB8TIUCl'ION8 OP 111B LICll:NIIE : IN ADDITION TO THE REQUIREMENTS IN CHAPl'ER 1 OF THIS TITLE, THE FOLLOWING ADDmONAL LICENSEE REQUIREMENTS ARE REQUIRED: A . EVERY LICENSEE SHALL DISPLAY A V AUD LICENSE IN A CONSPICUOUS PLACE WITHIN THE MASSAGE THERAPY CLINIC SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES. 8 . SANITARY REQUIREMENTS : IT SHALL BE UNLAWFUL FOR ANY MASSAGE THERAPY CLINIC OR EMPLOYEE TO FAIL TO MAINTAIN THE CLINIC OR PREMISES IN A CLEAN AND SANITARY MANNER . Ses;tign 2. More stringent City 1tandards prevail : The City hu incorporated title 12, article 48 .5 of the Colorado reviled ltatutea. The ltandardl for muuge therapy licensing aet forth in this Chapter are intended to be more ltrinpnt than the minimum standards aet forth in Title 12, Article 48.5 of the Colorado Reviaed Statutes. The proviaion1 of this Chapter lhall therefore 1upenede any conflicting statutoey provi1iona in Title 12, Article 48 .5 C .R.S .. -S - ·. -.. . n, .. •· • • • , . • . . Section 3. License Fee : License fees for this Chapter shall be determined and set by City Council in accordance with 5-1 -8 of this Code . Section 4. The City Council of the City of Englewood, Colorado, hereby approves amending Title 7, Section 6D, by enacting a new Subsection 14, entitled Massage - Prohibited Acts, of the Englewood Municipal Code which shall read as follows : 7-8D-H: MASSAGE · PROHIBITED ACTS: IT IS UNLAWFUL FOR ANY MASSAGE THERAPIST TO PROVIDE A MASSAGE TO A PATRON WHOSE GENITALS ARE EXPOSED OR FOR THIS ACT TO TAKE PLACE IN A MASSAGE THERAPY CLINIC . THIS PROHIBmON DOES NOT EXTEND TO A CHILD UNDER THE AGE OF TWENTY-FOUR (24) MONTHS WHOSE PARENTS ARE PRESENT. Section 5. The City Council of the City of Englewood, Colorado , hereby approves amending Title 7, Section 6E, by enacting a new Subsection 9, entitled Prohibited Massage On Minors, of the Englewood Municipal Code which shall read as follows : 7-8E-9: PROHIBITED MASSAGE ON MINORS: PERFORMANCE OF THE FOLLOWING ACTS ARE PROHIBITED : A . IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF EIGHTEEN (18) TO OBTAIN THE SERVICES PROVIDED BY A MASSAGE THERAPIST UNLESS THAT PERSON IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN , HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE THERAPY , OR HAS A LETTER FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE MASSAGE THERAPY . 8 . IT IS UNLAWFUL FOR ANY MASSAGE THERAPIST TO PROVIDE MASSAGE THERAPY TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18 ) UNLESS THAT PERSON IS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN, HAS A PHYSICIAN'S PRESCRIPTION FOR MASSAGE THERAPY, OR HAS A LETTER FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE MASSAGE THERAPY . Section 6. The Englewood City Council established a temporary suspension or moratorium of certain mi acellaneous bus ine11 licensea for a period of 1ill months with the passage of Ordinance No . 25 , series of 1996 and now removes the following lic en ses from the moratorium : Massage Therapiat Li cen se Ma11 age The rapy Clin ic License. .-1 • -6- ..... I • • ·--• '. Section 7. Sa(ety Clauses The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation ID the proper legislative object sought to be obtained. Section 8. Severahjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof ID any person or circumstances shall for any reason be acljudged 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 persons or circumstances. Section 9 lpf9Dsil1,ent Ordjnapcea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 10. Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpoee of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sectiop 11. fl.naltx. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and paased on first reading on the 20th day of January, 1997. Publiahed as a Bill for an Ordinance on the 23rd day of January, 1997. Read by title and passed on final reading on the 3rd day of February, 1997. Publiahed by title as Ordinance No ._, Seri• of 1997, on the 6th day of January, 1997. Thomas J. Burns, Mayor ATTEST : Loucrishia A. Elli1, City Clerk -7- .. • • • .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final reading and published by title as Ordinance No . _, Series of 1997. Loucrishia A. Ellis -8- ,, " .. • . , 0 1 a2xl • Date February 3, 1997 INITIATED BY Utilities Department • t• • COUNCIL COMMUNICATION Agenda Item 11 a 1 Subject COM Final Design Proposal for Allen Filter Plant Improvements STAFF SOURCE Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood Water and Sewer Board recommended, at their January 14, 1997 meeting, Council approval of the proposed Second Amendment to Agreement with Camp Dresser & McKee Inc. · RECOMMENDED ACTION Council approval, by motion, df a contract with Camp, Dresser and McKN, Inc. (COM) for final engil INrllig dlligrl d .. Min Fllllr Plant lmpie ..... 111 fn .. amcuc ol 1182,000.00. There was a project overview of the Allen Treatment Plant Improvement Project with City Council at the January 20, 1997 Study Session. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Camp, Dresser & McKee, Inc., (COM), previously completed a report on the existing water treatment facilities of the City and a preliminary design for the Allen Filter Plant Improvements. Public concern over water quality issues such as taste and odor, cryptosporidium and giardia, together with the requirement to meet increasingly stringent regulations resulting from the 1986 Safe Drinking Water Act Amendments have prompted upgrading of the current water treatment facilities . Public meetings were held and a rate increase to fund the improvements was adopted. Preliminary design by COM was approved by Council on May 6, 1996 and completed. The next step is the final design process, as outlined in the Second Amendment to Agreement. The Second Amendment to Agreement with COM covers Priority 1 and Priority II Improvements. Priority II Improvements are bid alternates . .... •. •· 0 • • 0 . " ·, • .. Priority I Improvements address design for the following projects; Union Ave Pump Station improvements, building two trains of floc/sed for current flows, north filter upgrades, chemical treatment modifications, control room modifications, yard piping improvements and electrical instrument control improvements, Priority II Improvements address design for the following projects: raw water delivery via City Ditch, building third train basin as an alternative for peak flows, residual handling that will include a building for the belt filter press and a gravity thickener for alum sludge residuals, filter modifications, air scour and filter to waste on south filters and additional yard piping that will include upsizing the 2r raw water line to a 36" raw water line into the floc/sed system, . FINANCIAL IMPACT The amount of the proposed COM Second Amendment to Agreement is $992,000.00. The water rate increase to fund this project was passed by Council on March 18, 1996. This is a budgeted item. UST OF ATTACHMENTS Second Amendment to Agreement from COM . ' •, ,,. • • 0 1 J2xl • • I• • ,, SECOND AMENDMENT TO AGREEMENT This SECOND AMENDMENT made this ____ day of ___ _, 1997 between the City of Englewood, Colorado ("OWNER1 and Camp Dresser &: McKee Inc. ("EI\IGINEER") modifies the AGREEMENT between the OWNER and the ENGINEER dated May 6, 1996. The AGREEMENT is modified by this SECOND AMENDMENT to provide for final design of improvements to the Allen WTP. Specifically, the following modifications to Exhibit A to the AGREEMENT are agreed to: 1. Add the following paragraphs to Exhibit A: "1.2 Final Design, Allen WTP Upgrade -Prepare final consttuction documents per paragraph 2.2 of the AGREEMENT for the following Priority 1 and 2 Improvements. Priority 2 Improvements will be bid alternates. Priority 1 Improvements 1) Union Avenue Pump Station Intake Screen Replacement 2) Raw Water Delivery Improvements -no Priority 1 facilities. Meters and interconnections included under yard piping. 3) Pretreatment Facilities -two trains, or u determined in accordance with paragraph U below 4) Residual Handling Facilities-no Priority 1 facilities 5) Filter Modifications -2 North 6111ers with air scour and FtW capability 6) Chemical SystBm -Powsium permanganate, powdered activated carbon. coagulant (alum/ferric chloride), sodium hypochlorite, sodium hydroxide, cationic/nonionic polymer 7) Disinfection Improvements -no Priority 1 facilities 8) Building Improvements -control room upgrade 9) Yard Piping and Site Improvements 10) Electrical and INtrwnent/Control System Improvements ' , I· 0 '32xl • • • Priority 2 Improvements (Bid Alternates) 1) Additional Pretreatment Facilities -third train 2) Settled Solids Oarifier/Thiclcener 3) Residuals Dewatering Building 4) Air scour, south filters 5) FIW, south filters 6) Upsize UAPS raw water delivery line in Layton Street from 27-inch to 36-inch up to the floc/sed inlet" "1.3 Preliminary Design, Budget Allocation Services -Perform evaluation of functional construction package to meet budget goals of the Water Utility." "1.4 Preliminary Design -Further evaluation of ftoc-sed process components based on Acti-flo proposal of January 9, 1997 and corresponding additional proposals anticipated from lamella plate manufacturers." 2. The schedule for performance of ENGINEER's services in the SECOND AMENDMENT in final design will be completed by Octcber 31, 1997. 3 . Payment of Services rendered by ENGINEER. The following are budget costs for services authorized by this SECOND AMENDMENT: • • • • Final Design (pvagraph 1.2 above) Geotechnical Investigation -Final Design Budget Allocation Services (paragraph 1.3 above) Further Evaluation of Floc/Sed Proc:esaes (paragraph U above) $962,000 12,000 8.000 10,000 Total $992,000 Accordingly, the following modifications are made to paragraph 4.1 of Exhibit A to the AGREEMENT: 4.1 For the Basic Services performed, the OWNER agrees to pay the ENGINEER fees not to exceed $1,330,918, based upon the following elements: "4.1.1 The portion of the total fees attributable to each component of the project is as follows: Preliminary Design Residuals Assistance and Study Fint Amendment -Floc/Sed Equipment Investigation Second Amendment -Final Design Total $251,127 67,927 19.&M mJD2 IJ MAVf 2 .. I· :------------~------------·-~------------------:---~------~- • ·. • (, All other terms and conditions of the AGREEMENT of May 6, 1996, as amended May 6, 1996 by the FIRST AMENDMENT remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT to be effective as of the date first above written. OWNER: City of Enmoo,i By: Thomas L Bums Title; M1,.vor Address for giving notices: City of En&lewood 34QO South Elati Street En&lewood, Colorado sono ENGINEER: By: Carl P, Houck Title; Vig: President Address for giving notices: 133117th Street, Suite 1200 Peover, Colorado 8Q202 . , • • • 0 3 1 a2xl • Da February 3, 1997 INITIATED BY • '· COUNCIL COMMUNICATION Agendallam 11 a 11 I STAFF SOURCE Subject Elec:tion to fill vacancy created by Recall Election City Cleft's officeJElectlon Commission Loucrlshla A. Ellis, City Cleft/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood participated with Arapahoe County In conducting maU ballot elections In 1993and1"5. on January 14, 1997 a Recall Elec:tion was conducled by Mail Ballot with the assistance of Paragon Systems Group. RECOMMENDED ACTION District I Council Member Hathaway was recalled by a ma;o,tly vote at the January 14, 1997 Recall Election. In accordance wilh the Englewood Charter, the office is deemed vacant and must be filled at an eledlon called by Council, not lelS than eo days nor more than 120 days after the recaN eledlon. TIie election must be held between Mardi 17, 1997 and May 14, 1997. AFTER TAKING INTO CONSIDERATION 11E VARIOUS DEADLINES AND TIME FRAMES REQUIRED BY STATE STATUTE, 11E UPP "II P9119 f TUflPAY FOR THf fLECJION • APRL D, 1ffl ANO THf LAJIIT DlflDAY • MY H, 1117. Traditionally, elections In Englewood have been held on Tll99dayl. I MK THAT COUNCIL, BY RESOLUTION. SET 11E DATE FOIi 1HE ELECTION TO FLL 11E VN:AII/CY AND DESIGNATE THAT 11E ELECTION aE CONDUCTED BY MAIL IIALLOT Ill ACCORDANCE WITH THE COl.CIRADO lllNCIPAL ELECTION CODE OF t• AND 11E utarOIIM ELECTION CODE OF 1112 MTICLE 7.1 (IIAL IIALLOT ELECTIONB). TIie Elec:llon Commlllion agrw that It ii in the bell lrMrell of the electonl of Eliglewood 10 c:ondud the eledion through the mail bellal pn,cedunls. Paragon Syileml Gnlup has the abillly to fac:illate the mail balol elec::tion . $20,000 has been NI aide for elections in the 1997 Budget. Election com for 1997 wll lnc:lude com to conducl 1h11 elec::tion, the January Recall Election and Englewood's general municipel elec::tion . Elllmated COil of the action IO M the YKMCy ii 110,000. If eledion COIis for 1997 UCNd the budglled amount, Council wll be 8111ad to approve a aippllmenl and apprapitation . U8T OF AnACIP1DITS Prapoeed l9IOlullon ..alng April 21. 1117 • the elec::tion dlle. Prapoeed l9IOlullon ..alng May 13, 1117 • the elec::tion dlle . .. I· • DIIOYfflON 1'0. _ SERIES OF 1997 '· • C. • 11 a ii (1) A RESOLUTION SETl'ING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICT I, BY MAIL BALLOT WITIUN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Council Member for District 1, was recalled by a majority vote at a Recall Election which was held on January 14, 1997; and WHEREAS, the Election ComrniNion of the City of Englewood agrw that it would be in the best inten.t of the electon of Eqlewood to conduct the election tbroup mail ballot procedures; and WHEREAS, in accordance with the Englewood Chart.er, the election to fill the vacancy rnuat be held between March 17, 1997 and May H, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tign 1. The election to fill the vacancy of Council Member for District I shall be aet for Alldl •• 1117. Se,;tigp 2 . The election shall be held by mail ballot procedurN and ccmduct.ecl in accordance with the Colorado Municipal Elec:tion Code of 1965 and the Uniform Election Code of 1992 Article 7.5 (Mail Ballot Electiona). Se,;tigp 3. Paragon Syatema Group llhall be Nlec:tecl to facilitate the mail ballot election. ADOPTED AND APPROVED this 3rd day of February, 1997. Tbmnas J . Buru, lla,ur ATTEST : Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk for the City ofEnclewood, Colorado, hereby certify tbe above ia a true copy of Reaolution No._, Seriee of 1997. . ' -i ''I • I· • 0 r 32xl • DIOLtrl'ION NO. 5 3 SERIES OF 1997 . . • • A RESOLUTION SETl'ING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICT I, BY MAIL BALLOT WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Council Member for District 1, wu recalled by a majority vote at a Recall Election which wu held on January 14, 1997; and 11 a ii (2) WHEREAS, the Election Commiuion of the City of Englewood agrees that it would be in the best intereat al the elect.on of Englewood t.o CODduct the election through mail ballot proceclurea; and WHEREAS, in accordanc:e with the Englewood Chart.er, the election t.o fill the vacancy muat be held W-llarch 17, 1997 and May 14, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: §oc;t,iqp 1. The election t.o fill the vacancy of Council Member for District l shall be set for a.,u,1117. Sed;igp 2. The election shall be held by mail ballot procedurea and conducted in ac:cordance with the Colorado Municipal Election Code of 1965 and the Uniform Election Code of 1992 Article 7 .5 (Mail Ballot Electiona). Sed;igp 3 . Paragon Systems Group ahall be aelected t.o facilitate the mail ballot election. ADOPTED AND APPROVED tbia 3rd day of February, 1997. ,,.__ J. Bums, lla,or ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City of Eqlewood, Colorado, hereby certify the above ia a true copy of Reaolution No._, Seriea of 1997. ~) ' ' ' • . ' •· • 0 '32xl •• . ,. • (1) (2) AS ... CCM.W1Ci1 Member HllthaWaY was recalled Ill the Jantrecall election .... Council, ... T. by Chalter .... NI an election to Iii the V Y .... nal lea 1118n eo nor men than 120 days after the recall eledlon ..... . (3) After taldng IMO C01widelalion vartous IIIMOIY deaCIIMS ......... the wtiNt pa 11llle TUNClar we could hold the eledion 1s APRIL 219 ...... and the._.., DI ..... Tueeday is MAYtJ9'. YOIW paclllt c:onlall• two wlllllona ... the flrlt one IIIS lhe dlbl for APRIL 29" and the 9IICOlld on .... t118 dllll for MAY 13 .. . (4) AlsO, I_ ............... eounc1dellQllllle tllll 1118 elediOl'I be canduCled .,, mall balal In acconlal1C8 wllll tlllt Colorado MunlClpal ElediOII Code al 1115 and Alllcle 7 .5 al 1118 UnlfOml ElediOII Code al 1112. .. . (111111 8alal Elecllana) ....... Nied Parllgon ~ GrouplO ........ elediOn. Coll .... I have nal had a dlalC» ID ftnllz8 elllction COiia for 1118 Januay 14., elllction. K appNn thlll I may 11111 a ...... •. • ; , • Dalla February 3, 1997 INITIATED BY • • •. COUNCL COMMUNICATION 11 a ; ; STAFF SOURCE Subject Election to fiH vacancy created by Recall Election City Clerk's offlcelEledion Commission Louatshia A . Ellis, Clly Cler1I/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood participated with Arapahoe County In conducting mall ballot elections in 1993 and 1995. On January 14, 1997 a Recall Election was conduded by Mail Balot with the assistance of Paragon Systems Group. RECOMMENDED ACTION Dlstrld I Council Member Hathaway was recalled by a majority vote at the January 14, 1997 Recall Election. In accordance will'I the Englewood Cllalter, the office is deemed vacant and must be filled a1., election called by Council, not less than eo days nor more than 120 days after the nlC8II eledlon. The election must be held between March 17, 1997 and May 14, 1997. AFTER TAKING INTO CONSIDERATION 11E VARIOUS DEADLINES AND TIME FRAMES REQUIRED BY STATE STATUTE. TIE f!8! Ell POMP f TUflPAY FOR THE ELfCJION II NW-P, tffl MP DE LAIEIJ JUEIPAY II MY H, tffl. Traditionally, elec:tlons In Englewood have been held on Tuesdays. I ASK THAT COUNCL, BY IIESOUJTION, SET TIE DATE FOR TIE ELECTION TO FILL THE VACANCY AND DESIGNATE THAT 11E ELECTION BE COMIUCTED BY MAIL BALLOT IN ACCORDANCE WITH THE COLORADO IIUMCa'AL ELECTION CODE OF 1111 AND THE UNFORM ELECTION CODE OF 1NZ ARTICLE 7.1 (MAIL BALLOT ELECTIONS). The Elecllon Commisllon agrees that It Is In the belt lnl.,.. of the elec::lors of Englewood to condud the election tllrougll the mail ballot proc:edlns. Paragon Systems Group has the abillly to fac:illtale the mail bellol election. $20,000 has been set aside for elec:tions In the 1997 Budget. Election costs for 1997 wlll lndude costs to condud tNs election, the January Recall Elecllon and Englewood's general municipal election . Estimated cost of the election to fll the vacancy Is $10,000. If election costs for 1997 exceed the budgeted amount , Council will be asked to approve a supplement and appropriation . UST OF AnACHMENTI Proposed resolution setting April 211, 1997 • the election dale . Proposed resolution setting May 13, 1997 • the election dale . ' • . •· RESOLUTION NO. _ ~OF1997 ·~ .. • • • ! ... A RESOLUTION SETl'ING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICl' I, BY MAIL BALLOT WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Council Member for Diatrict 1, was recalled by a majority vote at a Recall Election which was held on January 14, 1997; and 11 a ii (2) WHEREAS, the Election Commiaaion of the City of Eqlewood qrees that it would be in the beat intereat of the elec:tora of En,lewood to coadud the eleetion through mail ballot proced-; and WHEREAS, in accorclance with tbe Bapewood Charts, tbe election to fill the vacancy muat be held~ llan:h 17, 1997 and llay 14, 1997; NOW, nmREFORE, BE IT RF.SOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. 'lbe election to fill the vacancy of Council Member for District I aball be let for llay 13, 1997. Sertim 2. 'lbe election aba11 be held by mail ballot procaluna wl conducted in IICCOnlance with tbe Colorado Munic:ipal Election Code of 1965 wl tbe Uniform Election Code of 1992 Article 7 .5 (Mail Ballot Elec:tiom). Sertior 3. Parapn Syatema Group aball be Nleded tio f'acili&atie tbe mail ballot election. ADOPTED AND APPROVED dlia 3rd day of February, 1997. ATTEST: Loucriabia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk for the City of £aclewoocl, Colondo, hereby certify tbe above ia a true copy of R.Nolution No._, Seriea of 1997. •, .. • , ------------,------------.~----------------~-----------,-- • • '· COUNCL COMMUNICATION I>-. February 3, 1997 11 a ii NTIATEDBY City Clelt('s offlcelElectlon Commission COW1C1L GOAL AND PIIEVIOUS COUNCIL ACTION STAFF SOURCE Loucrishla A. Ellis, City CleltuElec:tion Commission Member The City of Etiglewood paticipaled wilh Arapahoe County In conduc:ting mall ballol elec:tions in 1993 and 1995. On January 14, 1997 a Recall Election was conducted by Mail Ballal willl the assistance of Paragon Systems Group. RECOMMENDED ACTION Dlslrid I Council Member Hathaway was recalled by• ma;o,1ly vote at the January 14, 1997 Recall Election. In ac:conillnce with the Etiglewood ewer. the office is deemed vacant and must be filled at an election called by Council, not less than eo days nor more than 120 days after the recall election. The election must be held belwNl'I March 17, 1997 and May 14, 1997. AFTER TAKING INTO CONSIDERATION TtE VMIOUS DEADLINES AND TIME FRAMES REQUIRED BY STATE STATUTE, TtE we DI PQIIP f DPUP!Y FOR THE fLECJ)ON II APRL n, ,nz MP JHE l,ADIJ JUESDAY II NAY H, 1ffl. Traditionally, eledionS In Etiglewood have been held on TUNdays. I ASK THAT COUNCIL, BY IIESOW110N, SET TtE DATE FOR TIE ELECTION TO FLL TtE VAt;AHCY AND DESIGNATE THAT TtE ELECTION BE COM>UCTED BY MAIL BALLOT .. ACCORDANCE WITH TtE COLORADO IIUNICltAL ELECTION CODE OF 1111 AND TIE UNIFOltll ELECTION CODE OF 11U MT1CLE 7.1 C11A1L UL.LOT IELECTIONllt. The Election Commission agr11es that • is In the best lnl8f8II of the eledors of Englewood to conduct the election through the mail ballot pracedura. Paragon Systems Group has the ablllly to facilllate the mail ballot election. FINANCIAL IMPACT $20,000 has been set aside for eledlons in the 1997 Budget. Eledlon costs for 1997 will include costs to conduct this election, the January Recall Election and Englewood's general municipal election. Estimated cost of the election to fll the vacancy II $10,000. If eledion costs for 1997 exceed the budgeted amount, Council will be asked to approve a lllpplemenl and appropnallon . UST OF ATTACHIIENTII Proposed l'NOlution 1111A11Q April 21, 1997 • tlle llec:lioll dale . Proposed l'NOlution 1111A11Q May 13, 1997 • tlle llec:lioll dale . t, ... I· , • RESOLUTION NO. _ SERIES OF 1997 .. • • 11 a ff {l) A RESOLUTION SETl'ING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICT I, BY MAIL BALLOT WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Council Member for District 1, was recalled by a majority vote at a Recall Election which was held on January 14, 1997; and WHEREAS, the Election Commiuioo of the City of Englewood acr-that it would be in the beat int.ereat of the electors of Englewood t.o conduct the e1ectioD through mail ballot procedures; and WHEREAS, in accordance with the Englewood Charter, the election t.o fill the VK&DC)' muat be held between March 17, 1997 and May 14, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tigp 1. The election t.o fill the vacancy of Council Member for Diatric:t I shall be let for April 29, 1997. 5ec;tiqp 2. The election shall be held by mail ballot procedurN and conduct.eel in accordance with the Colorado Municipal Election Code of 1985 and the Uniform Election Code of 1992 Article 7.5 (llail Ballot Eledioaa). 5ec;tiqp 3 . Parqun Syatema Group aball be aelected to facilitate the mail ballot election. ADOPl'ED AND APPROVED tbia 3rd day of February, 1997. ATTEST : Loucriabia A. Elli.a, City Clerk I, Loucriabia A. Ellia, City Clerk for the City of Enpwood, Colorado, hereby certify the above is a true copy of Reeolution No._, Serie1 of 1997. •· 0 1 a2xl • .---------------------~....,.......~ RESOLUTION NO. _ SERIES OF 1997 • • .. A RESOLUTION SETl'ING AN ELECTION TO FILL THE VACANCY OF THE COUNCIL MEMBER FOR DISTRICT I, BY MAIL BALLOT WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Council Member for District 1, was recalled by a majority vote at a Recall Election which waa held on January 14, 1997; and 11 a ii (2) WHEREAS, the Election CommiMioo of the City of Englewood agrees that it would be in the belt interest al the e1ecton al Enelewood to conduct the election through mail ballot procedurea; and WHEREAS, in acc:ordance with tbe Englewood Charter, the electicm to fill the vacancy mwit be held betwem llan:b 17, 1997 and May 14, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;igp 1. The election to fill the vacancy of Council Member for District I shall be set for May 13, 1997. Sed;im 2. The election ahall be held by mail ballot proceduree and conducted in accordance with the Colorado Municipal Election Code of 1965 and the Uniform Election Code of 1992 Article 7 .5 (Mail Ballot Electiam). $ed;im 3 . Parapn Syat.ema Group ahall be lelectecl to facilitate the mail ballot elec:tioo . ADOPTED AND APPROVED thia 3rd day of February, 1997. Thomaa J. Buma, lla:,ur ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellill, City Clerk for the City of Eqlewood, Colorado, hereby certify the above is a true copy of Reaolutioo No ._, Series of 1997. :,-,~ • : ~. J . , .. •· 0 '32xl • . ,. - Jolfn J. liJfalto & Asaodatt.11. II.at. A 1TORNEYS AND COUNSELORS AT LAW JOHN P . DiF ALCO Loucrishia A. Ellis, CMC/ AAE City Clerk City of Englewood 3400 S. Elati Street Englewood, CO 80110-2304 Dear Ms. Ellis: January 21, 1997 STUART PROFESSIONAL PARK 1136 EAST STUART STREET. SUITE ,102 FORT COlllNS. COLORADO IOS25-l 19' TELEPHONE (970) 22'-208' FAX (970) 22'-90ll6 This is in reference to your December 30, 1996 letter to me requesting my advice on matters relating to a recall election in the City of Englewood. I will respond to your questions in the order presented. I. If Council Member Hathaway is recalled on January 14, 1997, the Charter sets forth that the office is deemed vacant and will be filled at another election . My question is, caa Ms. Hatlutway, if aomiaated. run for tltat seat? State Statute§ 31-4-504 (3) (c) addresses this issue relative to an election whereby the question of the recall and candidates are listed on the same ballot. I have been unable to find anything that addresses our situation. A recall of a Council Member docs not preclude that person from seeking election to the vacant scat. or for that matter, to any ocher elective office for which the individual may be qualified. As a Home Rule City, the Charter of the City of Englewood determines qualification for elective office. See H~ Rule Charter , Article Ill§ 23 . If former Council Member Hathaway meets the rcquircmcnt to stand for election to the vacancy under the City Charter, then she may be a candidate. Obviously bodt applicable Colorado Statutes and the Englewood Charter presume that a recalled elected official would have no inclination to participate in an election to fill the very scat from which the individual has been recalled. This undoubtedly explains why there is no specific legislative guidance on the matter. However, absent an expressed prohibition. a recalled Council Member stands in the same position as any other citizen with respect to seeking municipal office. 1'MNfale. Ma. Halbaway may 11111d for eleclion to the vacllll lCII. •. I· 0 • .,-~-------v---------~----.----, • (. Loucrishia A . Ellis, City Clerk City of Englewood January 21 , 1997 Page2 2. lfMs. Hathaway is recalled, permitted to run for the office to fill the vacancy and elected, then I would interpret the Charter, Article III§ 22 (I), regarding term limitation, to say that Ms. Hathaway would not be allowed to run for re-election in 1999. Your interpretation of Article III § 22 (I), of the City Charter is correct. Also note that CRS § 31-4-504 (6), provides that the individual elected to a seat vacated by recall, serves for "the remainder of the term". In the event that Ms. Hathaway were to be elected to fill the vacancy created by her own recall, she would serve the remainder of that term and be subject to the restrictions of§ 22 (I) of the City Charter, as it is clear that the policy stated in that Charter is remedial and should be given the broadest interpretation to effect its intended purpose. Clearly, the restriction is intended to preclude any member of City Council from serving more than two consecutive terms in office, and under the scenario you present, Ms. Hathaway would have completed two terms of office, and therefore, would not be permitted to nm for reelection without a four-year hiatus. Conversely, if Ms. Hathaway does not nm or is not elected to fill the vacancy created by her own recall, and therefore, would not serve "at least one half of a term of office", then she could presumably stand for election at the next municipal election of City Council because she will not have served two consecutive terms as provided in the restrictions ofChaner, Article III § 22 (1). In short, Ml. fflllbaway would not be allowed to IIIIICl b reeleelion in 1999 if she reoccupied her 1111, M conceivably, could run tor eleclion in 1999 if Ille does not win or ii not eleckd this year, bavina, in lblt inmoce, not IClwd two CClllleCUIM 11111111 prior to lhe 1999 election. 3 . In researching procedure for a possible election to fill the vacancy, l have found that l may have a problem conducting the election by mail ballot because of the deadline to file nomination petitions. The Recall Election is being conducted in accordance with the Colorado Municipal Election Code of 1965 and the Uniform Election Code of 1992, Article 7.5 (Mail Ballot Elections). I wool Hu to coadlld die electio• to ftll die vacaacy i• die same maaaer. The recall section of the Colorado Municipal Electioo Laws, CRS § 3 l-4-504 ( 4 ), states that candidates for the office at a recall electioo may be nominated by petition as provided in section 31-10-302; except that nominating petitions ..... I· • .-------------------------- • (. Loucrishia A . Ellis, City Clerk City ofEnglewood January 21, 1997 Page 3 may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days prior to such recall election. CRS § 31-10-302 (2) states that nomination petitions may be circulated and signed beginning on the fiftieth day and ending on the thirtieth day prior to the election. CRS § 31-10-302 (8) states that nomination petitions for candidates whose names will be on the ballot at a coordinated election or mail ballot election pursuant to articles l to 13 of title l, CRS shall be circulated, signed, and filed with the municipal clerk within the period set forth in section 1-4-805 , CRS. CRS § 1-4-805 states that any person who desires to be a candidate for a municipal office in a coordinated or mail ballot election, shall, in lieu of the requirements of this article, comply with the nomination petition procedure set forth in the "Colorado Municipal Election Code of 1965", article 10 of title 31 , CRS; except that part 11 of this article, concerning write-in candidate affidavits, shall apply in such municipal elections, and any nominating petition may be circulated and signed beginning on the ninety-first day prior to the election and shall be filed with municipal clerk by the seventy-first day prior to the date of the election. After reviewing the above mentioned cites, I am wondering wlledaer I am oa firm 1roaad leplly if I coadlld die electioa by mail ballot aad ue die aoaiutioll petitioa deadllaes Nt fertll ill 31-11-312 (2). I feel the election to fill the vacancy is technically not I ::mr,an" election. The odler consideration is that the deadlines set forth in CRS § 1-4-805 would be very difficult to comply with, as the election must be set within 120 days of the recall election. Obviously you have thoroughly researched this question, and I believe that it is entirely appropriate under your Charter, to follow the Municipal Election Code where possible. Indeed your Charter provides, in pertinent part, that "all municipal elections shall be governed by the provisions of Colorado Election Laws ... escept • odtet wile provided i• ltllel Curter." (Emphasis supplied). Accordingly, you should follow the Colorado Election Laws, specifically, the Colorado Municipal Election Code of 1965 found in Article l O of title 31 CRS, except where it may conflict with the City Chancr, in which case, the • . .. I· -------------------------.. ------------ • Loucrishia A. Ellis, City Clerk City of Englewood January 21 , 1997 ••Page 4 • Charter will prevail. Further, the Charter itself, recognizes that recall elections and "elections to fill a vacancy created by a recall election", are not traditional elections and must be governed by unique standards to ensure fairness and efficiency in the electoral process. See Article IV§ 34 (JO). The above cited provisions recognize that recall elections are not subject to the limitations set forth in§ 14 of the Home Rule Charter, which generally refers to restrictions on the number of special elections that can be held over a specified period of time. I tee no 1e:1t1ic:tioll • llll¥illl m election by mail ballot as penllitted by Colorado Statute. Obviously, in view of the Charter's requirement that any election to fill a vacancy created by recall, be called by the Council, "not less than sixty (60) days, not more than one hundred and twenty ( 120) days after the recall election ... " you are necessarily, going to have an extremely tight schedule if you are to comply in full with the nomination procedures of applicable state law. However, I would note that the Colorado law provides the election code "shall be bl>crally c:omlnled and that substantial compliance with the provision or the intent of [the] code, shall be all that is rcquiral for the proper conduct of an election ... " , CRS § 1-1-103 (3). See also City Charter Article JV§ 34 (8). It is myviewtbal uadcrtbcsc ciraanstanccs, the time limits for ciR:ulaling nnmi,umng pditions, wl filing therewith with the City Clerk. can be sbortmcd, if necessary. to comply with the requirements of printing ballots for a mail-in election. If you can conduct the election .without shortening any of the requirements of the Colorado Statutes, you should attempt to do so , but if it becomes a question of whether or not to follow the Charter or the State Election Code, you should follow the Charter and endeavor to '"substantially comply with the statute." A recall election is obviously considered to be a special circumstance under the Charter, and is recognized as one of many special circumstances that may arise under any election code. Therefore, pursuant to the guidance of§ 1-1-103 of the Colorado Statutes, a shortened period for the filing of nominating petitions with the City Clerk, is legally appropriate. Notably. the Colorado Mlmicipal Election Code, § 31-10-104, rec:osniza the power of the City Clerk to "render all mleii*daticwl and ... make all initial decisions as to con1roVa'sics or other maaen ll'ilina in tbc opcrllioa of[tbc] Code!' Again, the objective of state law is to provide maximum opportunity and fairness to candidates and voters within the restrictions of the City Charter, the ordinance and the statutes. Accordingly, I recommend that you conduct the mail ballot election and attempt to comp I y with all deadlines, but if such is not possible under the restrictions of the Charter • . I ·. 0 • Loucrishia A. Ellis, City Clerk City of Englewood January 21, 1997 Page 5 . , . • - with regard to the filling of a vacancy, that the time limits for submitting nominations, affidavits, etc., be compressed with appropriate notification to all candidates and prospective candidates. As the statutes clearly provide, substantial compliance and liberal construction of the Colorado Election Code under these circumstances to effect the intended purpose of the City Charter to provide an expeditious election to fill the vacancy created by the recall, is legally appropriate. In regard to your statement that the election to fill the vacancy is technically not a recall election, I must point out that it is in no rcspc:ct a "recall" election. Clearly, your Charter provides that if an individual is recalled, the "office shall be deemed vacant and shall be filled at an election ... ", Article IV § 34 (8). This is in all respects, a separate and distinct election to fill a vacancy in an election whose onJy unique characteristic is that it must be conducted within a relatively short time span provided by the City Charter. 4. I am interpreting the Charter, under the recall section, to say that, if Ms. Hathaway is recalled, the office is vacant and will remain vacant until the election. That Ms. Hathaway does not continue in office until the election, nor would Council appoint someone to fill that vacancy. In your letter of response dated December 17, 1996 you stated that "in the event Council Member Hathaway is recalled, it is my view that under your Charter, a vacancy would then exist in District I, which would be filled in accord with the Charter language regarding the filling of any City Council vacancy." Englewood's Charter, Article III§ 28, provides that in the case of a vacancy the Council shall choose within thirty days a duly qualified person to fill the vacancy . I woald •k for yoar lepl opillioa • to wlledler ML Hatllaway immediately wi .. draws fro• offlce if alle ii recalled ud die politioll remaiu vacaat ••til .. e electioa. I can understand your question relative to my comment of December 17, 1996, regarding the tilling of a vacancy, as I may have overstated the issue by using the tam "any" in referring to a City Council vacancy. I apologize for that overstaaement, as it is clear that one must refer to Article IV of the Charter regarding recall to determine how this particular vacancy is to be tilled. It is clear, as above noced, that the office is simply deaned vacant • I ·- .. I· • Loucrishia A. Ellis. City Clerk City of Englewood January 21, 1997 Page6 • • ~. after the recall and "shall be filled at an election", thus superseding the provision of§ 28 of the City Charter which refers to Council appointment to vacant positions. Notably, Article m § 28, provides a description of other vacancies such as incapacitation or becoming a non- resident of the district in which the Council Member was elected as grounds for vacancy. Obviously, that section docs not cootcmplate vacancy caused by recall as the filling of a vacancy created by a recall is clearly addressed in Charter § 34. Accordingly, disregard the conflicting lmguage of Article III § 28 in filling this vacancy . Ms. Hathaway, when recalled, immediately vacated her office, and the position is and remains vacant until being filled in accord with the election provided for in Article IV § 34. One must remember in analyzing these issues, that recaU elections are not cocourqcd, presumed, or considered in any respect, to be routine matters in City Government. The City Chuta in f.aakwooei contemplates a process wherein an individual will first be subject to a recall elc:ction, and then if a vacancy is created by that rccaU. a second election to fill the vacancy is called within a designated time period and held in accord with p:ncnl election law to the CXlml possible without undue conflict with the nwe1 a of the City Cbafa'. My advice baan is lmed upon those general principles of municipal law as it relates to recall In the final malysis, providing elected officials, and any caodideacs who seek to replace them, a full and &ir opportunity to stand for election and affording the wtas m equally fia1l and fair opportunity to make their wishes known concerning bocb the recall and any rcplacanmt candidates to fill vacancies created by rccaU. is all that you can achieve under the law as a City Ciak. This concept of &ir and equitable procedure in the election is IDOll definitely cootcmplated by applicable Colorado Statules and the City of Englewood Home Rule Charter. If I can be of further service to you in this or odlCI' maaas, do not hesitate to cOIIIKt me. • . I. . 0 '32xl • . , . • • COUNCIL COMMUNICATION DATE: February 3, 1996 AGENDA ITEM SUBJECT : W'adcss 11 a iii T elecommunicalions Moratorium INITIATED BY: STAFF SOURCE: Harold Stitt, Planning Department of Neighborhood and Business Community CoordinalOr Development PREVIOUS COUNCIL ACTION: There bas been DO previous Council action concerning this matter. PREVIOUS PLANNING CQMHJSSJQN ACTION:. There bas been DO previous Commission action concerning this maacr. RECOMMENDED ACTION; The Department of Neighborhood and Business Development recommends that Council adopt an ordinanc.e to impose a moratoriwn, for a period of eight months, on the issuance of permits for the consb'uction and installation of wireless communicalion towers. BACKGROUND. ANALYSIS. AND ALJEBNATIVU IDENTlflED; The rapid growth of the telecommunication indumy bas craled a proliferation of telecommunications providers and services. Within the last two years there bas been an increase in the munber of requests for wireless telecommunications towers. The City recognizes that these services arc valuable for the citimls and businestcs of Englewood but that control of the siting and zoning of these facilities are legitimate exacises of local police power . It is also the position of the City that such a moratori1UD is not a violation of the Telecommunications Act of 1996 . The current zonin& rqulations are inadequaac to deal the land U1C impacts aaocialcd with these facilities becaute they developed prior to the advent of wireleu communic:alions. By placina a I· 0 • • · .. • ... moratorium on the issuance of permits for tbele facilities. the mfr of the Department of Neighborhood and Business Development will be givm time to collect infiJnmdioo and work closely wilh the community and the telecommunicalion induslry to draft zoning rqulation that protect the iDlaats of the community and time of the teleoomm•micarioos industry. FINANCIAL IMPACT; During the tam of the moratorium building permits will not be issued for wireless tclcroavmwricl6oa facilities nor will permit fees will colW LIST Of AUACIQIENTS; Bill for Ordinmce 2 .. • • 0 '32xl • ORDINANCE NO. _ SERIES OF 1997 • - BY AUTHORITY A BILL FOR OOUNCIL BD.L NO. I INTRODUC~ BY COUNCIL IQ!NBR8 ~ AR 08DINANCE BSTABIJSHUfG A 'l'BMPOIWlY SUBPBN810N' OR IIOBATORIUM ON THE ISSUANCE OF PEBlllTS FOR THE CONSTRUCTION AND DIBTALLATION OP WJUI B88 'l'BLIDCOIOIUNICATION i\NDS IN THE CITY OF ENGLEWOOD, COLORADO, FOR A PERIOD OF EIGHT IIOIITBS. WHEREAS, the rapid growth of the telecommunication industry baa creat.ed a proliferation of telecommunicatiou pnmden and eervicea; and WHEREAS, the City Council recnpi,-that wireleu telecommunication eervicea are valuable for the citizena and buain-of the City; and WHEREAS, control of the Bit.ea and -me of theee facilitiea are Jecitjmate eurciaea of local police power; and WHEREAS, the City'• CUJTeDt -me np1atiom are inadequate to deal with land me impact. auociated with wirelea telecmnmunication fac:ilitiea ~ IIUCb recuiaaona were developed prior to the ~ of wirelw co-•mic:atim•; and WHEREAS, a mm-at.orilllll cm the~ of permita far wirelaa telecommunicatioo facilitiea will pe the City .. time to collect iaforaation and work doaely with the Eaclewoocl ~ and the W-municancww indutry to revise zoning l"fll'l)atiau that prated the ...... of the cmnmunity and tbae of the telecommunicationa industry; NOW, THEREFORE, BE IT ORDADIED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 6ecti4m 1. Tbe City Council finds the proriaiau of this Ordinance are temporary in nature and are intalded to be replaced bJ ......-t lapalaave medmeat. Tbe temporary IIUSJ)l!DDCID of permits -the ~ and iruitalletion al wirelw communication tawen u apecifled in this Ordinance llhall terminate cm November 20, 1997. 6ecti4m 2. Tbe Enclewood City Council direda City lltafl' to develop appropriate ,-mendaticma to Council, to be canei .... t with this Ordinance and to collect infwmation and work c:loaely with the Eqlewood community and the tei-mwucationa industry to reville -me l"fll'l)atiau wbicb protect the intereata of the community and ti-al the .._municaticma industry. Introduced, read in full, and pMNd cm Int l"Ndina cm the 3rd day al Febnaary, 1997. I· 0 • . " • Publiabed u a Bill ban Ontinance OD the 8th clay afFellruuy, 1997. 'l'bomu J. Barna, Mayor ATTEST: Loucriabia A. BDia. CitJ Clerk I, Loucriabia A. Bllia, City Clerk af the City at Ea,lewood. Colorado, ._...,, ca1ify that the abaft and fDneoinc ia • true capy af. Bill --Ordimace, iDtroduced, read in full, and paaed Oil fint readinc Oil the 3rd clay af Februuy, 1997. -2- • ..aouJTION NO .i SERIES OF 1997 ·, ( . • • A -»LtmON BST.ABLISIIING ,as POil llASSAQB TIIDAPY UCBNBl8 UNDBll TITLE 5, CHAPl'ER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of Englewood, Colorado has amended the Englewood Municipal Code with the p11111111ge ofC.B. 8, Series of1997, by deleting the reference to licenae f-; and WHEREAS, liceme fees are more appropriat.ely let by Council reaolutioo OD an annual buia; and WHEREAS, this resolution establishes licenae fees fur M-.,e 'l1la-apy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed;im 1. The City Council of the City of Englewoocl, Colorado hereby approves the following fees for Muaage Therapy: A . Muaage Therapy Clinic Lic:eme Fee Applicatioo Fee Background Check Fee B. Mauage Therapist Liceme Fee Applicatioo Fee Background Check Fee $20.00 annually Sl0.00 paid in advance S50.00 non-refundable $20.00 annually s10.oo paid in adYance S50.00 non-refundable ADOPTED AND APPROVED thia 3rd day of February, 1997. ATTEST : TbomaaJ. Burns, Mayor Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of £aclewood, Colorado, hereby certify the above ia a true copy of Reaolutian No ._ Seriea rA 1997. ... I· • 0 1 32 x l • .,-----------------------...,.-----, . ,:. - COUNCL COMMUNICATION .,.. Agendallam Subject February 3, 1997 R89CIMion eslablilhklg fees for ....... bemgl'ound c:hecb, and 11 a iv ........ far liclnNs under Tille 5, Cllapler' 5 (llaalge Therapisl and 11larmv Clinic}. ........ ., I Frank 811ffao.a -of Financial SeMml DinN*II' COUNCIL QOM. AND PIIEVIOUS COUNCL ACTION This ntSOk1tion .-llmrme fees far TIie 5, Cllapler' 5 of the Cly Code. TIie ntSOk1tion Is required per the changes the Council adopled In the onlnmce ttllll lifted the moratorium on this Chllpler. At the 11ay e. 1• study session, Slaff dlsalSSed the proposed rncntortum with the Council. 0n June 3, 1•. the Cly Council read and passed Ordinance 25, Series of 1• on final reading. This Onlnllnce established the moratlClr1um to run from June 10, 1• to Decemb8I 10, 1•. Onlnance 55, Series of 1• mended the moratorium four monlhs to Aprtl 10, 1997. Slaff discuaed license changes with Cly Council II the study IIISlion on Novembel 12, 1•. On January 20, 1997, Council read and J-.c1 Council Bil I, Series ot 1997 lllllklng changes to this Chllpler, lncludlng how the fees .. set for llcensing, becllgraund c:hecb, and IPl!kllllon fees. , RECOIDEHDED ACTION Staff-· Cly Council approve this ntSOk1tion eslablilhklg fees far TIie 5, a..., 5. BACKGROIN>, ANALYSIS, AND ALTERNATIVES IDENTFIED Massage a.., liclnNs .. _... under Tille 5, Ctlllpter 5, and went Included in the fflOl'lllortum ttllll began on June 10, 1•. TIie on:linance Council adopted on January 20, 1997 llfted the moratorium on these licenses and niquk'N Council to set fees for licenNs br ntSOkltion. In the fulure, Council wa review Tille 5 fees • part of the annual budget process. The fees for • massage therapy clnic or therllpisl license .. not being cllanged from previous levels, but an addllional applcltion fee Is being added to cover admlnlmall11e COits. The fees .. proposed to be set .. the following levels until the next review: Massage TIMnpy Clinic Licenle Fee Appllcallon Fee Bac:llground Check Fee Massage Thenlpilt License Fee Application Fee Bac:llground Check Fee FINANCl.a. .. ACT $20.00 annually $10.00 paid In advance $50.00 non-refundable $20.00 annually $10.00 paid In advance $50 .00 non-refundable The Cly of E,iglewood colleded $220.00 In massage therapy 11c:en1e fees In 1995. UST OF ATTACHIENTII: Copy of proposed ntSOkltion •. .. I. 0 • - CnY MANAGER'S CINDERELIA CnY ACTIVnY REPORI' JANUARY 29. 1997 • Milla-Kitchell Activity: Development Agreement Goal is to have this item completed concurrent with Pl.JD Master Plan submittal. Status has not changed since November 26 report. Staff Source -Dan Brotzman Actiyity: Land Plannjng The Pl.JD submittal schedule is as follows: December 11 -Neighborhood Meeting. COMPLETED December 16-Pl.JD District Plan submittal. COMPLETED February 17 -Pl.JD Master Site Plan submittal. May-June 1997 -Final Site Plan submittal. September 1997 -Estimated final PUD approval by city council. IS (a) City has provided Miller-Kitchell "punch list" of items to be completed in order to complete submittals. Staff Source -Bob Simpson Activity: Traffic Study NBD and Public Works have scheduled interdepartmental meeting in early February to finalize . Staff Source -Bob Simpson Actiyity: Tenant Reguibnent General merchandiser reauitrnent activities of one particular prospect are undaway. It is anticipated the Mayor and City Manager will be asked by the developer to assist with this effort. Staff Source -Doug Clark • Equitable Activity: PvrrbnsetStle Agreement Completion City and Equitable have been negotiating a possible restructuring of the Purchase/Sale Agreement. If restructured, Equitable would environmentally dean the property and make ready for demolition in lieu of their $1.5 milion contribution. Equitable is currently evaluating this option and feels they can give the City a definitive answer within the next couple of weeks. Staff Source -Dan Brotzman and Doug Clark .. I· 0 • • (. • Men::aatlle Activity: Mercantile Property Gift to Cjty Status has not changed since October 17 report. Staff Source -Dan Brotzman • Montgomery Wanla Activity: Wards Lease Surrender Status has not changed since October 17 report . Staff Source -Doug Clark ... • RID Uglat Rail Statioa Activity: lntergoyernmental Agreement The RTD/City of Englewood Intergovernmental Agreement were completed in mid December . The City will have to make available the site to RTD by mid- 1998. Staff Source -Chuck Esterly Activity: RIP Park N Ride Location RTD and Miller-Kitchell negotiating a joint use park and ride station on site. , Status has not changed since October 17 report. Staff Source -Chuck Esterly Activity: Hampden Llqht Rail Station Status has not changed since October 17 report. Staff Source -Chuck Esterly or Bob Simpson • s.a.JKRAVCO Five Acree Activity : Fee Title City conducting exploratory tallcs with Selbe family to purchMe the farmer overflow parking lot north of Cinderella City. Status has not changed since • October 17 report . Staff Source -Doug Clark • Activity : KRAVCO 99-Year Lease City conducting exploratory tallcs to sublet 65 years remaining on KRAVCO lease . Status has not changed since October 17 report I • Staff Source -Doug Clark • J • •r-----~-:----' ' . ' 0 I• • • ~-- 5. a K 1~fr ?. cs-~_wr~,irz -~~ I· 0 • • . - 0 • • ... . . I· ,, • . - 0 - ... . . . I· , --- 0 t~ . • • .. I . . • • • ·, • '· fij/ ~ -AGENDA FOR THE ~~REGULAR MEETING OF ~ ~)Ji), THE ENGLEWOOD CITY COUNCIL ~po.I/,~ FEBRUARY 3, 1997 If . ()J IJ/ -7:30 P.M. 1. Call to order. 2. Invocation. 3 . Pledge of Allegiance. 4 . Roll Call. 5 . Minutes. a. Minutes from the Regular City Council Meeting of January 20, 1997 /,()~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.I a . 7 Recognition of former City Council Member Rita Hathaway for nine years of 7 . 8 . b . c . , service on Council. Bnef Aeooptk>n. ~ ~P,,.,,--- M~g Bennett will be present to address Council regarding the recall ~iln,..,a water bill concern , and other i11ues if time allows. Non-~ Visitors . (Pie ... limit your presentation to five minutes.I Communications, Proclamations, and Appointments. Letter indicating Steve K~'f-'sL~t~ from the Englewood Board of Adjustment and Appeals. r,tt,IJ/~ , .......... ,.. ........ ................. ., .... ,.,. .... I I· /1,f. V d . /ko-11-5 e . /J;;o;-J k f . /?);Jo)/ 2 g. /J;;adl t h. /ZMBI I i . 12Mo~ ~ j. /!uMJ -k. /dt;o:# ~ I. ~1-1:. m. ~~ n. M ~ 0. K)J;Q4_ p. ~-' q . /}Jl;o:# _,,. r . , ~-s . • I• ·, • <, A ,e,ol..,;oo .,,po;ot;og W"'"" Bode to the l!oa,d of A uo~m= ~'ta Ui~ A resolution appointing Tyler Chapman as a Youth Member to the Parks and ~ Recreation Commission. q_ ~ A resolution appoi ti~ Cottle the Planning and Zoning Commission. fJ'f} A resolution reappointing Mary Dounay to the Public Library Board. A resolution reappointing Henry Galleher to the Clean, Green and Proud Commission . A resolution reappointing Doug Garrett to the Planning and Zoning Commission . A resolution appointing Kristen Gillmon as a Youth Liaison to the Clean, Green, and Proud Commission. A resolution reappointing Frank Golombek to the Clean, Green, and Proud Commission. ~~ A ~,ol"'~" ..-,; C~~ r °"'h Li ... oo to the Cuttu,al Arto Comm1ss1on. A resolution appointing Jennifer Heller as a Youth Member to the Parks a.,,_ Recreation Commission. ., f ~ · fit)~~~ A resolution appointing Arleen Hilaire to the Clean, Green, and Proud k ~ _ 1 1 Commission. , .,, r. , rl ) 1:> A resolution appointing Suzanne Kartqvist as a Youth Liaison to the Clean, Green, and Proud Commission. A resolution appointing Sam Kaufman to the Englewood Downtown Development Authority . A resolution appoint" A resolution appointi A resolution appointi Commission . Urban Renewal Authority . Cultural Arts Commission . to the Clean , Green, and Proud , ......... .,,_ .... ...., ..... ...., ..... I ................. ., ....... _ ...... ,, .... C a .. ,. • .. I· , • C'rty Council Apnda f--,3, 1997 'if3 . /(JN:I/ () t. w. x. • • • A resolution reappointing Andrea Menin-Giem to the Clean, Green, and Proud Commission. A resolution reappointing Shannon Mary O'Leary to the Public Library Board. A resolution appoi~ a Youth Liaison to the Cultural Arts Convnission. ~ A resolution appointing Chartes Redpath to the Board of Adjustment and Appeals. A resolution reappointing Donald Roth to the Clean, Green, and Proud Commission. A resolution appointing Donald Roth to the Urban Renewal Authority. z. A resolution reappointing Orris Saunders to the Malley Center Trust Fund. /" aa. A resolution appointing Edward Soulliere to the Clean, Green, and Proud Commission. ;:. U f;. ~,:; .L r A resolution appointing Edward Soulliere to the Urban Renewal Authority . ::=:-~ .... ~=~~ 1 o. Consent Agenda . •• b . -------------------~--------·-------------------~-------------- • City Council Agenda Febnary 3, 1997 Page4 ~jfi ii. iii. iv. • ·, • '· Council Bill No. 6, approving nonbinding Intergovernmental Letters of Understanding with Arapahoe and Adams counties for Service Fee Payments. Co!Jncil Bill No. 7, approving an Intergovernmental Agreement with the Colorado Department of Transportation for the SH 285 Median Project from Jason to Cherokee. Council Bill No. 8, approving changes to the Englewood Municipal Code pertaining to Massage Therapy, and removing this chapter from the moratorium. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. b. i. ii. iii. Recommendation from the Utilities Department to approve, by motion, a contract for final engineering design of the Allen Filter Plant improvements. Staff recommends awarding the c~ct to Camp, Dresser, and McKee, Inc. in the amount of $99 , .00. ST~FF SOURCE,.._• .. r.•.~ ~ Recommendation from the Departm f F, ancial Services, Cit:Clerk's Division, to set a date for the election of Di I Council Member. STAFF SOURCE: Loucrilhla Ella Clertl. (11 (21 Resolution setting May 13, 1997 as the election date./A.) ~ Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance imposing a moratorium on the issuance of permits for construction and installation of wireless =t=.S'~;;;pCE: Harald Stitt, Pia••• iv. Recommendation from the Department of Financial Services to adopt a resolution setting fees for licenses, background checks, and applications for licenses under Title 5, Chapter 5 (Musage Therapist and Mnsage Therapy Clinic) of the Englewood Municipal Code.}}~~: Fr-* Glnl9wicz, Dnctor of Flnaldal ..,,,..__ ~ Approve on Second Anding . $ , ........... ,.. .... ...., ....... ...., ............... ..., .. aa,.,,' ................ ., ........ _ ,, ... ,... fODMeltll I .. I· 0 qty Council Agencb February 3, 1997 Pages 12. General Discussion. -. a. Mayor's Choice. • • b . Council Members' Choice. 13. City Manager's Report. a. Cinderella City Activity Report. ,. b. °If'~-{) Recommendation to go into Executive Session immediately following the regular City CouncU ~ng .to discuss three real estate matters and one personnel matter. ''1.)~ 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between 01 /17 /97-01 /30/97: • Englewood Planning and Zoning Commission meeting of January 7, 1997 • . • .. , ---------------------. • • . ' Februaly 18, 1997 ENGl.EWOOO CITY COUNCIL Regular Meeting , . • .. __ I