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Home My WebLink About1996-04-15 (Regular) Meeting Agenda- - • . ' .. REGULAR CITY COUNCIL MEETING APRIL 15, 1996 • • C• • ORDINANCE I yl, ij, yt, -;', 17, 18, 19, 20, 21 RESOLUTION l,,,K4,~ 46, 47, 48, 49, SO, Sl, 52 ,,, - • • ... 0 • I· • 0 '32xl -• 0 • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO April IS, 1996 I . CaU to Order 1be regular meeting of the Englewood City Council wu called to order by Mayor Bums ll 7 :38 p.m. 2 . 1be inwcation was given by Council Member Wiggins . 3. Pied• ol Allqiuce 1be Pledge of Allegiance WU led by Mayor Bums . 4. Roll Call Present: Absent: A quonim was present. Council Mcmbcn Hathaway, Clapp, Wiggins, Habenicht, Vormittag. Waggoner, Bums None Also present: City Manager Clark City Attomcy BRJtzman Deputy City Cledt Casale Financial Services Dirmor Orypewicz (a) COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OP THE REGULAR MEETING OP APRIL 1, 1"6. Ayes : Council Members Hathaway, Vonnillag. Wiggins, Habenicbt, Waggoner, Clapp, Bums Nays: None 1be motion carried. (b) Council Member Habenich1 asked lhat a clarific:ation be noted iD the IIUIIUICil of the Special MCCl.ing of April 8, 1996. She requested lbat page four, at the end of the lint parqrapb after the word "answered", reflect, in parentheses, the pbruc "referring to papen she bad in band". Council Member Wiggins asked if the minules rd1cct the actual language on the I.ape ffallding of the meeting . Council Member Habenicht responded affirmatively . Mayor Burns surmised lbat the fact that the phrase is not somctbing that was 8CIUally 1pC1kcn is probably the reason Council Member Habenicht suggested enclosing the pbruc iD puallbcles. ,,, - .. I· • 0 - - I • Ea&lewood City Council April 15. 1996 Pqe2 • • • ,~ ... Rcspooding to Council Member Wiggins, Council Member Habenicht coafirmcd that her llalCIDeDl was recorded c:om,ctly in the minuces, but that she was just seeking to clarify. Mayor Bums said be has DO problem with the clarification, as long as we an: not changing what was actually said. COUNCIL MEMBER BATRA WAY MOVED. AND IT WAS SECONDED. TO APPROVE. WITH THE SLIGHT REFERENCE CHANGE. THE MINUTES OF THE SPECIAL MEETING OF APRil.. 1. 1996. Ayes : Nays : The IIIO(jon carried . 6 . Sdleduled Viliton There were DO scheduled visitors. 7 . Noa-acllethlled Villcon Council Mcmbcn Halhaway, Vormittag. Wiggins, Habenicht, Waggoner, Clapp, Bums None Mayor Bums stated that pn:scntations by oon-schcdulcd visitors are limited to five minutes. (a) Joshua Fowler, 4565 South Washington Street. expreaed his views conccming the redcvelopment of Cinderdla City. He said be was encoungcd that Council has decided to move forward with the redcvelopment and has seen a copy or the concept plan that Skip Miller has given to the Council. He recogniml that the plan is not binding, and expreaed a,ncerns with the large parking lot badled up by big box clewlopment. He opined that, while mail and Clllcrtainment will be good for Illes tax -ue. there are some things that Council can do with the dm:lopmcnt to 111111c it better. He ciled other developments in the area that are not lltracliw:. Mr. Fowler said he -.Id like to ICC pub and green 11*1C where you can be comfortable with your family . He sugested continuing the CIIIII .,._. tluaugh the development, with SlalUcl and placa for concerts. He feels this -.Id be fasible and ltill lllow for the 400,000 square feet of retail and en&enainmenl IIPl'lC· Mr. Fowler CIICOUnpd Council to go bwanl with the redevelopment of Cinderella City and llllkc 111R that the plan is ICMDl'Abing that the citm111 of Englewood wiU like. He said be would like to see public meetinp where citi7.cns can express their opinions on what they would like to see there. Finally, be asked Council to make the City of Englewood proud, because this is an opportunity to build something beautiful and nice. He asked to be inwlwd in the PfOClCIS and the public mcetinp. 8. Communicatiolla. Proclamatlou and Appoint-ti (a) A proclamation declaring the wcdt of April 21 througb 27, 1996 as Crime v~· Rights Weck was considered. COUNCIL MEMBER HATHAWAY MOVED. AND IT WAS SECONDED. TO PROCLAIM APRil.. 21 THROUGH 27, 1996 AS CRIME VICTIMS• RIGHTS WEEK IN THE CITY OF ENGLEWOOD. Ayes : Nays : The IIIO(jon carried. Council Members Hathaway, Vormittag. Wiggins, Habenicbt, Waggoner. Clapp, Bums None ..... .. I· • 0 m' - - Eaatewood City Council April IS, 1996 Pqe3 {. • • • Victim/Wi~ Scrvic:cs Coordinator Susan McDonnell aa:epled the proclamalioo. 9 . Pallllc Baria& No public bearing was lChedulcd before Council. 10. c-&Aaeada COUNCIL MEMBER BA TBA WA 'Y MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), AND (Ill) ON FIRST READING. <•> AppnM OD Finl Reading (i) RESOLU110N NO.«. SERIES OF 1996 ARESOLtmON AWARDING A NEOOTIATEDCONTRACTFORENGLEWOOD'S 1996 MICROSURFACING PROGRAM INSTEAD OF 11IE COMPETITIVE BID PROCESS UNDER SECI10N 116 (b) OF 11IE HOME RULE CHARTER AND SECTION 4-1-3 OF 1111! ENGLEWOOD MUNICIPAL CODE 1915 . (ii) COUNCll. BILL NO. 13, INTRODUCE> BY COUNCn. MEMBER HA1HAWAY A BILL FOR AN ORDINANCE APPROVING 11IE RENEW AL OF AN INTERGOVERNMENJ"AL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND 11IE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE 11IE CITY OF SHERIDAN wrnl VEHICl.E MAINl'ENANCE . (iii) COUNCll. BILL NO . 14, INTRODUCED BY COUNCll. MEMBER HA1HAWAY A BILL fOR AN ORDINANCE APPROVING 11IE RENEWAL OF AN INTEROOVERNMENJ"AL AGREEMENT BE1WEEN 1111! ClTY OF ENOLEWOOD, COLORADO AND ENOLEWOOD PUBIJC SOIOOLS WHEREBY 11IE CITY OF ENGLEWOOD WILL PROVIDE 1111! ENGLEWOOD PUBLIC SCHOOL'S Wl1H VEHICl.E MAOO'ENANCE . Ayes : Nays : The motion curicd. Cauacil Mcmbcn Hadlawlly, VormiUq. Wigiaa, Habcnidlt, Wqpacr, Clapp. Burm Hem • •••• COUNCIL MEMBER BA TBA WAY REMOVED AGENDA ITEM II (II) (I) PROM TIO CONSENT AGENDA. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (II) 00. llil). AND (ff) ON SECOND HADING. (b) AppnM OIi Secoad Rading .. I . • 0 - Ea&lewood City CCNIKU April 15, 1996 Pqe4 . ' (. • • t• - {ii) ORDINANCE NO. 14, SERIES OF 1996 (COUNCIL BILL NO 20, INTRODUCED BY COUNCIL MEMBER HA1HA WAY) AN ORDINANCE AMENDING 1Tll.E 5, CHAPTER 7, SECTIONS J, 11 AND 13; AS WEU. AS 1Tll.E I, CHAPTER I, SECTION I, OF 11fE ENGLEWOOD MUNICIPAL CODE 1915 AU'IHORIZlNG 11IE OUEF BUILDING OFFICIAL TO SUSPEND OR REVOKE CONTRACI'OR LICENSES AND CER11FICATES OF REGIS11lATION UPON VIOLATION . {iii) ORDINANCE NO. 15, SERIES OF 1996 {COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER HA1HA WAY) AN ORDINANCE APPROVING A MEMORANDUM OF AGREEMENT FOR TCI GOVERNMENT ACCESS OIANNEL I, BE1WEEN 11IE CITY OF CHERRY HILLS VILLAGE, 11IE CITY OF GREENWOOD VILLAGE. nm CITY OF SHERIDAN AND nm CITY OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO . 16, SERIES OF 1996 (COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER HA111AWA Y) AN ORDINANCE APPROVING SUPPLEMEJ\rl' NO. 121 TO nm SOU11fGATE SANITATION DISTIUCT CONNECTOR'S AGREEMENT WITH nm CITY OF ENGLEWOOD, COLORADO FOR 11IE INO.USION OF LAND WITHIN nm DISTRICT BOUNDARIES . Ayes : Nays : The molioa carried . Council Members Hathaway, Vormittag, Wigins, Habenicht, Waggoner, Clapp. Burm None • •••• Council Mcmller Hathaway staled that she will llllltain from Wling OIi A..-Item 10 (b) (i) ba:aa of the investigation that is continuing, just as it -on April 1 •. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SU:ONDID, TO APPROVE CONSENT AGENDA ITIM 10 (b) (I) ON SECOND READING. (i) ORDINANCE NO . 13, SERIES OF 1996 (COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER HABENICHT) AN ORDINANCE AMENDING 1TI1..E 5, OF nm ENGLEWOOD MUNICIPAL CODE 1915 W1111 nm ADDmON OF A NEW CHAPTER 13, ESTABUSHING LICENSE REQUIREMENTS POil TEMPORARY EMPLOYMEJ\rl' SERVICES IN nm CITY OF ENOLEWOOD . Ayes : Nays : Abltain: The motion carried. Council Membcn Vormittaa, WigiM, Habellidlt, Wagoner, Clapp, Burm None Council Member Halhnay " - • I. • 0 ·I I - - • • Eal,lewood City Couacil April 15, 1996 Paae5 • . , . • 11 . o....._, ae11 ... 1om aad Modou (a) Approve on Finl Reading (i) DiRICIOr Gryglcwicz praealed a recommendation from the Deputmcat of FinaDcial Services to adopt a saolution establishing licensing fees for temporary employment qencies in the City ofEaglewood. He said that this resolution sets fees as provided by Council Bill No. 5, which was just approved by Council . He advised that the fees arc set at S 11111 for initial licellsing, $50 for annual lklcnling. aad $25 for licensing amendments. Council Memller Hathaway Slated that she will allo lbltain from wling OIi this aolution, .. it pertains to Council Bill No. 5. TIie saolulion was assigned a number aad read by tide: RESOUTl10N NO. 45, SERIES OF 1996 A RESOLtmON ESTABLISHING FEES FOR TEMPORARY EMPLOYMENT SERVICES LICENSED W11H1N 11IE CITY OF ENGLEWOOD, COLORAOO. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -RESOLU110N NO. 45, SERIES OF 1"6. Ayes : Council Members Vormittag, Wiggins. Habenicht, Waggoner, Clapp. Burns Nays: Nolle Abltain: Council Member Halhaway TIie motion carried. (b) Appn,ve Oil Secoad Reading 1'llere were no additional items IUbmiaed for ...,_.a on leCIODd iadillg. (Soe Apada Jrem 10 -eon-a Apda.) 12 . Geaeral DilCllllioa (a) Mayor's Cboic::c I . Mayor Burns llated that he has been alked. II Mayor, to join the Eqlcwood Mal's Golf Club, a1thou&h he advised the club that, boc:aule of his IClledulc, he -.Id .. lie Ible to particia.-wry amcll. He ....... to Council, since it ii boc:aule lie ii Mayor tllll lie -iD¥iled to jaiD. tbal it mipl lie appniprialc b lhc City to pay the fees for initillioe aad Mllllal dla ud die SIO com11utioa to die junior .. prognm. which, he explained. hel .. die lligh ICbool . He lllbd llr COffllNIU from Council . Council Memller Habenicht said that a similar llllltCr -dilCUaDd a loDg time a,o whea Sumi v .. Dyb wu Mayor aad n,quesled a lot of her membenbi .. lie paid llr. Ml. Habeaic:111 llid tllll c.ou.dl, • tbal time. was wry adamant that they would 11111 suppon dlll. She ..,.... dimweiq die maaer • a lbldy ICllion with City Attorney Brotzmu. wllere it CXlllld lie warbd tluaup apill • pan of a Coad) policy . I. • 0 , • En&lewood City Couacil April 15, 1996 Page6 • 0 I • - Council Member Hathaway said Mayor Bums is, bowcvcr. allowed ID use his discretionary funds ID pay for memberships if he choolCs ID do so, provided it docs not exceed $75 a quarter. Mayor Bums said be did not know what the policy was and did not iulize discretionary funds oould be utilized for this. Council Member Clapp agreed with Council Member Habenicht's suggestion ID discuss the matter in study session, as did Mayor Bums. 2. Mayor Bums 5laled that Council has been watching the Regional Transponalion District (RTD) Board ID see if the full funding grant agreement with the Federal Transit Administration on the light rail line might be coming before them this month . It now looks as if it will not, be said, but be feels there might be a special session between their April and May meetings to review this. He expressed uncertainty whether public comment will be allowed . Mayor Bums 5laled that we are always struggling with RTD to get enough vOleS to pass things and it is vital that they approve this contract now that we have the nod from Washington for this project . He said Council will keep the citizens advised. He expressed appreciation ID the citizens who have talified before RTD on our behalf, and said that. if necessa,y, he would like ID have a similar show of lltmlgth at their next meeting on the full funding grant agreement. ~) Council Member's Choice (i) Council Member Waggoner reminded Council that. at a recent Study Session, they reaffirmed their position of authorizing the light rail station ID be located within the Cinderella City redevelopment area and also authorized up to 400,000 square feet of entertainment and retail development on the site. He opined that the site needs some assistance in the sunounding areas, and that the only way for Council ID know what the sunounding areas will need is ID proceed with the planning study that was 111ggcsted at one of the Study Sessions. He recalled that Neighborhood and Business Development (NBD) Manager Simpson estimated that it might COil $80,000 ID $100,000. Council Member Waggoner felt it oould even run up ID $150,000. He asked Councit ID authorize the City ID proceed with a planning study, such as that discussed. and ID include the area around the Cinderella City redevelopment. tying the Rldevdopment in ID Broadway and downtown ID be sure we are not causing a problem in one place that we are llyiag ID solve in another. Council Member Waggoner said there are 110111C traffic .-nerns that need ID be looked at and tied in with light rail and RTD bus routes, as well as the propoled put and ride that RTD is planning for the area. He felt that areas north of Cinderella City will be experieocing problems, such as Cushing Park and the access that may or may not be needed through that area. He said that there is talk in the neighborhood that, perhaps, the General Iron Works site would be a good place to locate a hotel, and he felt that should be looked at . Also, be said, the area ID the south of Cinderella City needs to be tied in with the whole development. He opined that tying the whole thing together makes a lot of sense and would be what our citizens are looking for . Mr. Waggoner said that. if Cushing Park does, indeed, have to be moved, provisions must be made for 110111C of thoec amenities at a nea,t,y localion . Also. he felt that pan of the study should include a marketing analysis that will tell us whether a hotel is viable. or if 110111C other kind of development will fit within that area. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TBA T COUNCIL AUTHORIZE BE1WEEN SI00.000 AND S150,000 FOR A PLANNING STUDY TO LOOK AT THE Nl:EDS AND THE DEVELOPMENT OF, NOT JUST CINDERELLA CITY, BUT AUO THE SURROUNDING AREA. Council Member Clapp asked if we are still talking about a 9Cklay limit. Council Member Waggoner said he feels the study can be done within sixty to ninety days and that staff' can come back with a propoal, or a scope of work , at the next Study Session . ...... .. .... ,, - I . • 0 - • • • l.a&lewood City Couac.11 April IS, 1996 Pqe7 • 0 , . • Ma)W Bums uked City Manager Clark to comment on the amendment that Bob SimplOII will be talking to Council llbolll next week laying out a planning process, and whether these could be cloYdailed together. He uked if we are llUppOIICd to have money from the de\'elopcr to engage a planner to assi• us in this maaer . City Mampr Clark lllid wc are looking at engaging the services of a planner and also to have in the willp a -.bl ~ and this was intended to take us through the pre-planned unit clevelopmall pnaa Md die PUD. TIiey did DOt envision, be said, a $100,000 to $150,000 study, IO that would have to be ckMilailed ill dial pr.-that they would be bringing in next week . c.a..cil Member Waggoner opined that what be was proposing might be a liUlc -eacompallillg than dial, Md 11111 it would go outside of the redeveloped area. He lllid be does DOt mind going ahead with part of dial plwiillg allO, but that WC shoulcl look at the area outside the rakwlopment area. Ma)W Bums uked bow the proposed study would dovetail with the Englewood Downlown o-lopmeot (EDDA) study. Council Member Waggoner said be thinks the two studies IDllll doYelail . Council Mcmber Habeaicht lllid they don't go that far. Council Member Wagoner agreed that the EDDA study will DOt go • far as the study be is proposing, but be felt the two should be tied together. Council Member Clapp uked if a planner could be hired to do what Mr. Wqgooer pnlpOICd as well as Cinderella City, and, if wc need to extend that period of ti111e, it could be done at a later date for 101DC of the ocher things that be would like to look at as well . Mayor Burns felt this was a good point, because wc would DOt want two plannen planning at the 1UDC tiDIC and COYCl'ing IOIDC of the SllDIC territory. He wondered if it would be IIIOR approprialc to review IOIIIC of this next week before we stan voting on bow DIUCh to apend, since we are DOt IUl'C of the OUllide COits. Council Mcmber Habenicbt reminded Council that dilCUSliom baw CCDlcnld around bow critical the lime ftlctor ii, and lllid sbc feels it is appropriate to go alad with it -. She lllid it is jult IUthori7.ing wllll staff is rccoaunending and sbc does DOt feel it should be de~. Council Mcmber Wiggins uked who will dccidc what planner to use. Council Member Wqgooer rapondcd that you would pu1 out an RFP or an RFQ,just likc you would for a professional engineer. Council Mcmber Wiggins uked where the funds will come from . Council Member Waggoner opined that, since Mr. Simpson lllid be has $80,000, it will not be too difficult to COIDC up with the remaining amount out of unappropriated swplus . Council Member Hathaway uked if it is his intent that Council hire --acpara1c frolD the one the de\'elopcr might want to fund . Council Mcmber Wagoner rapoadDd that this ought to be inill F •dcPI, but agreed that be or sbc would coordinale with the other planner. Council Mcmber Wiggins lllid be can sec: three planners here, one that the City would get. one that the de\'elopcr would get. and one that EDDA would get. Ma)W Bums uked for clarification of where the funds will come from . Before ,aponding, City Mampr Clark uked for clariflCatioo as to whether the propcad planner would allO do specific lite planaiq on ...... •, I . • 0 ., - • • Ea&lewood City CouacU April 15, 1996 Paces ' '· • 0 I• - the Cinderella City site itself, or just do the environs. He said that is critical as to how be is domailed inlO this. Council Member Waggoner opined that the proposed planner would ba'1: to take a look at what is being planned for the Cinderella City site. That site planning. wbcthcr it be done by the clevcloper, or a IXllllbination clevcloper and City, be feels, is more site specific. It oould tell you such things as whether you were going to open up LiuJc: Dry Cn=ck or what the tnlflic cin:ulatioo within the site would be, wberc the light rail lltalion is going to be located, and what it might look like acsthclically. The proposed planner, however, will ba'1: to take those things into amsideration, plus look at the IIUl10Wlding area to aee how it all domails together. Mayor Bums said it seems to him that the planner who will focus on the site really bas to do that because that is what the PUD will do. That pnx:as will be confined to the site, legally, as we go through the )lnl(lCII with the PlanniDg Comrnillioa and the City Council. Council Member Waggoner said be does not think it will reach out far enough. Mayor Bums said be understands Mr. Waggoner's point. but be does not aee how oae planner can do bodl because they will be running out of the site, around the eoviroos II the same time that. leplly, we will be focusing on the site as far as the approvals arc oonccrncd. Council Member Waggoner said be does 11111 think Council can make an appropriate clecision or l'CIICt to 1111FMioos tbll might be site specific: without ~ what we arc looking at as far as the IIUl10Wlding aRa. He IIICf1ed that the ~ ablolutely bas to fit with the IIUl10Wlding areas. Council Member Hathaway advised that, C\'CII with our new PUD ordinance procedures, it does not take into account the surrounding eoviromnent . Council Member Wiggins said be can also aee RTD as a fourth planner. Mayor Bums asked City Manager Clark if be is clear on the inlent. Mr. Cwt rapondcd that basically we arc looking at one planner to do bodl. The original planner, be said, wujusl going to be lite specific:. We will 11ill go with just oae planner, be said, bul his or her ICOpC will be, not only lite specific:. bul allll do -,encraJ land UIC planning as far north IS the Geoeral Iron Works area, do -tndlic: amlysis and then ba'1: the IIIIUbt mail perma OIi board to assist in any specific: issues that -up . Council Member Waggoner remarked that, in reality,~ the clevcloper might be will ba'1: a planner that is going to do some of bis own. He said the person that we want may 11111 get as lite specific: as the one the developer will ba'1: on board. Mayor Bums said that. all along, the City WU going to have its own planner. City Manager Cwt said that, instead of having two planners, one that does a lite specific: and one that does a ,encral, we arc talking now about one with an expanded ICOpC from what we originally were talking about. Council Member Hathaway asked if that wu whcrc Bob Simpaon wu coming from, that the SI0,000 wu more or lea appropriated already. City Manager Cwt l'ClpOlldcd that wu basically for tbll option three that we bad disamcd. Basically, be said, we arc proceeding. but with an expanded planning ICOpC. Seeking fwtber clarification, Ms . Hathaway asked where the expanded money will a,me from. Mr. Clark said right now the intent would be the $80,000 from Neigllborhood and Buliw Dew:lopmenl, and from the end of the year excess fund balance . Ms. Hathaway asked ifwe arc going 10 ba'1: the Cllber funds tbll were originally a part of the clevclopmcnt qree-i. or will those funds be beld in lbeyancc lllllil the ...... ,. - • . .. I· • 0 ., I ~ 0 • • !i 19Ji lli ?,111 91 !Ji Ji •tJ1! 11li 1:11, i i!J19 ![ II (!f 'I d ti l 11 ill I i I H I I 1!1 :I ". ig I i}l ,~1 '11 Jfi fil l 'il •1111! ,~ iJii 1,E ? [ 11• . I !•I SJI I l1, I ,11 !,.,.I ! l I lrl ,1 ·1,1r tll t. 11 11 9111 ~ ,~rr ,l f t~ Ii ~1 1~1 hr l 1!1 ii i 1 i lj)' H s i · 11 111t 1~ it1 l wii i! ~i! r 11,I 11 1 I 11 ll i!l 1 l &if f \i; !i 111 1 [?fl [1 1 ; !; 1111illi 11! I 111 ii ili i 1:11 1 11 i ? 1'! ti iiJ'I !I ~ 'i' Ii ,~I.,~~ ! , I f.i :1 J l1i 11 f,~ ,~ If!, t11-l 1 i f 11 I I i• I JI r-J 11 f I IS i (1' j tlf i !~ i j .. , U t1": . ~J! fs· I I 11 II I " ~It: •f J 1,i I I f. 1· I I Iii ( . \ ~ • r I I .... ' . ~ . lt 'II ' - ... ___. City c-.dl April ts. 1"' PqelO (, • • t• • ... Mayor Bi1m1 advised lhal RID llid alley wUled dieir--.-• lllil by IDl aoadl, if pmaiblc. and obviously a p,d deal of Ille pukiag facilily ii Ga Eqailllllc'I praperly m alley Med to CXIOllliDate OIi that. Ayes : Nays : Tbe motioa curied. (ii) c.oa.:ilMelllllcnlfldlaway, Voralaac, Wiaia,1111 ':IM, w,......0app.a.. NoM COUNCU. MDIBI.R IIAIII.NICBT MOVED. AND IT WAS 51:CONDI.D. THAT COUNCU. GO INTO DECU11V1. 51:SSION JOU.OWING TRI. UGULAll Ml.I.TING TO DISCUSS A PUISONNEL MATl'EIL Ayes: Council Melllben Hadlaway, Vormittag, Habenicht, w...-,. Clapp. Burm CGmc:il Member Wiggins Council Member Hlbenichl requested dull Cily AIIOnlCy Brownan and City Manager Clark be ,-eat for die ExeculM Sellioa. 13. City ......... Repel1 (a) City Manager Clark IUbmiaed a NpOlt ._. April 11, 1996 CODCcnW11 CilldenUa City Reck,,,:IIJFm M. He said that, 11ibloqucal 10 writiq die-. lie IDll willl aaoney Mille Miller Md City AIIOnlCy Bnimaaa to~ fiDillliq • all die de\ el apa111 aca I Ml He rec a 1 1 11111 lllcn be a Sludy Sellioa oa April 22, 1996, II wllicla point NBD Mutpl' Si..-,. Md llil mllwill .._ die plullillg proce11. Also, be propmm I Sludy Sellioa for April 29, 1996, wbele City AIIOnley BlalZaa and Mike Miller will pRIICIII IO Council in ExeculM Seaiae die W of all oldie Vlrioul -...a.y agreemenll. Council Member Vormina, IUgelled dull Mr. Clark pul lbe u---a oa c:bannel eiglll lO lei cilimls ~ abou1 lbe lllcelillg on Cinderella City. Council Member Halbaway med if ii wwid be IOO IOOII IO Uy to combille die lwO meelinp IOlelber. City Attomey 8l'OIZlllall relpCllllled dull ii miglll be biling offmon: drm we cu c:llew . 14. Cily Attaney'1 lleper1 City AIIOnley Bl'UIDIIIII did ao1 me any ma11a1 to bring bcbe c-il. 1,. MJ-..... COUNCU. MDDI.R HATHAWAY MOVI.D TO ADJOURN . Tbe meelllllaiijourned 111:17 p.m. ,~PU6...J~. DepllyCily .. ~ ... I· • 0 - - • • - PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS APRIL 15, 1996 .. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINtJTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUauC COMMENT ROSTER, STATING NAME, ADDUSS, AND TOPIC OF COMMENT. ftltoRnJNI AQPIRS TOPIC CCSIGNI ,, - . ~ . ' • . ( .. • • • • - - 1. 2. 3. 4. 5. Cell to order. Invocation. • • ·, • ~. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 15, 1996 7:30 P.M. '7:3~p -m . 1A..J11vn.o Pledge of Allegiance. ..i/,JA//f>O Roll Cell. 'l~ Minutes. ,. ~ ?-o a. Minutes from the Regular City Council Mffting of April 1, 1996. A&~~ ~ 1-b ~-Minutes om the Reauler Citv Council Meeting of Aoril 8 . 1998. M . '¥' •-:,,, 5(1,) ............................... ......... ......................................... ......................................... .._...._ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.I ,.g 7. ~n-Schedul,cf Vi_sitors. (Please ~~entetion t~ five "!~ut"=' .• ~.~~-../-</~ ~1 -M'15 S. -.M,~ ~___,,_...,. ~ ~~~=~;;=~~a:;;-~ 9. Publlo Hooring. {None """'"'""? Plew nolr. If you have~ dlubillty wt Med •xillary 111k or---.,.._ nadfy lhe Qy of Eftalewood (70-2378) a '-t 41 "-9 In Advance of when RrVic•-. ......._ n.-,-.. . ' •. .. I . • 0 - City Council Apnda April 15, 19'6 Pap2 10. Consent Agenda. a. Approve on First Reeding. • • • i.;qtf Recommendation from the Department of Public Works to adopt a ,, ~JP!S resolution authorizing negotiation and award of a contract for 1996 Micro-surfacing. STAFF SOURCE: Charla Esterly, Director of Pubic Lf~ Wortcs. fl~ ii. Recommendation from the Department of Public Works to adopt a bill for 111, I! an ordinance approving an Intergovernmental Agreement with the City of U1 Sheridan for fleet maintenance. STAFF SOURCE: ChalN Esterly, Director of Pubic Works. iii. Recommendation from the Department of Public Works to adopt a bill for C D ,1, i an ordinance approving an Intergovernmental Agreement with Englewood D 'f Schools for fleet maintenance. STAFF SOURCE: Charla Esterly, Director of Publlc Wortcs. ~ ~j~(.b)i b. """7s"" .. '°""--11~.., ... _,,,/lc(lj,r ~ ''!~(:~) i.o.J·council Bill No. 5. establishing licensing requiremeprJor ~p~ary Of"·.,\ ( ~ · employment agencies in the City of Englewood . ~ ,,o ."'-. ~ ii.o"·6 c'iincil Bill No. 20, amending the appeal proc ... for Building Licenses. 'ID otr:~ ,.J • ' . . , j J, I iii'(f' ·council Bill No. 22, approving an I~ AQ,Nment between /~ ~ • \ 1 11 ' the cities of Englewood, Cherry Hills VIiiage, Greenwood Vllage, and -6(./'; / 1o(bJ 1 1 Sheridan for the UM of TCl's Government Access Channel 8. rJ,O DJ·'"' iv. Council Bill No. 23, approving Southgate Supplement No. 128. 11 . Ordinances, Resolutions. and Motions. a. Approve on First Reeding. i. Recommendation from the Oepa1ment of Financial Servicn to adopt a resolution establishing licensing fNs for temporary employment agencies in the City of Englewood. ITAf.F.,.IOUIICE: Frank Grytlewlcz. Dhc:tor of Flnanclal Sen.ices. fU'17~ Approve on Second Reeding . •. I. • 0 ., -• • • . City Council Agenda Arni 15, 19'6 Pap3 1 2. General Discussion. a. Mayor's Choice. b. 1:Z(I,) w._...-. ....... SIOOJIOOIDSl,0.000 ........ .., ........................ a( Council Members' Choice. alljacw..l&City, ...... _ _...,.. .. M0110N APPROVED 7-4 13. City Manager's Report. a. Cinderella City Redevelopment Report. .................... i....... ........... ...................... ,...... __ APPROVl!D~I (Na)'-W..-) 14. City Attorney's Report. fJ"' Adjournment. /I~ ':J:/7 jhn The following minutes were transmitted to Council from 03/29/96 • 04/11 /96: • Englewood Parks and Recreation Commission meeting of March 14, 1996. Plwe note: If you uw a clubillty wl Mid audiary al* or---..--nodfy lhe City of &tk•ood (762-2371) at i..t41 houn In advance of wt.. Nnicel .. ......_ n.. ,-. . ' •. .. I. • 0 ., I - 1- • Englewood City Council, Special Session April 8, 1996 Page4 • 0 I• • things 8l'OIC would want to be discussed in terms of a pcnonncl maucr or a lcpl maucr, or a ncgolilling maucr at an Exec:utivc Scaion, she did not have lhat opportunity because al this spocial meeting with action taking place. Sbe said she bas asked a number al qucstiOIII al our lcpl CIOWlld and our City Manager and they have all been copied to Council. Sbe felt tbcrc is a lot al information tbcrc dial Council may, or may not. have bad. Sbc related lhat it bas been called to bcr attenlioll. by 10111e11DC outside al tbc City Council, wbic:b she said just blows bcr mind, lhat tbcrc is an earlier agreement with Equilablc in terms al bow ncgouatiOIII Mlllld proceed lhat City Attorney Dan Brownan -not aware al. Sbc said she docs DIii even kmw if our City Manager is aware if it. Council Member Habcnicbl opiDod. if M proceed with any action wi.-,, OIi tbc basil that tbcrc is information lhat M do DIii all have, and lhat tholC people who arc advising III don't even have or have bad time to coatcmplatc. lhat what wc arc doing is at bcsl imprudent. Tbcld'ore, she Rgislered a formal prutat to having this spocial meeling. to llllhing into 111mcthing lhat we really don't ~ ewrytbing about. to llllhing into IOlllelhing lhat is a pan al, or at least tacitly a response to, a letter fiom Equitable. when wc arc not even with our prime advi1or1 aware or all or the previous negotiations. She said she would be cmbanused to proceed. knowing that there arc all lhcsc questions lhat have been answcrcd,Jancl all this information lhat our City Attorney cloesn 't have . COUNCll. MEMBER HABENICHT MOVED TO TABLE THE RESOLUTIONS UNTIL THE TIME THAT IS POSTED ON THEM, WHICH IS APRIL 15n. Tbc motion died for lack oh second . Council Member Clapp stated for tbc record that the special meeting was not her idea, but lhat she docs suppon it. She asserted that wc need to go forward with the project and said she believes, from what sbc bas heard from the community, lhat they arc still with the retail entertainment concept. Sbe asked City Attorney Brotzman wbctbcr sbc is comet in believing that the wtc this evening docs not approve Skip Miller's concept. bis blueprint at this time. Rather, the wtc just approves retail/entertainment. City Attorney Brotzman l'ClpOllded lhat Council Member Clapp is comet, and lhat Council will be dim:ting staff to pursue ncgotiatiODS for 400,000 square feet al cntcrtainmcnl and retail clcvelopmcnt. Council Member Clapp asked if IOIDC al the concerns OYcr "big box" can be worlled out in the CIOlllnct itlelf' at a later date. City Attorney Bw l'Clpllllded dinallivcly. Slating that, the concerns can be wor11ec1 out through the public meeting IJClliclas to be bcld by Council in the f.marc u wc11 u tbc COlllraet. He advised lhat tbcrc arc specific proyisions that will talk lllaut thal in the ClllllraCl and they have to c:mic to Council for approval . He c:onc:uned with Council Member Cbpp's llatCDICnt that we arc, then, in no way locked in to Skip Miller's current CXIIICCpt . Ms . Clapp said oby,jult the retail. City Attorney Brownan said right. Mayor Bums advised that he rmcwed again the letter Council receMd from Equitable lut week, and be docs not believe that the letter is private nor seem. He said it wu given u a result al a requa1 to the City Manager from the Council the previous Mick and the City Manqcr lellt a memo to Council daled April I, 1996 with regard to the previous study session and includin& the information items !hat the Council wanted to sec with regard to a IO<allcd third option lhat was given at the previous Council meeting regarding Cinderella City . Tbc third item al the four wu lhat the City Manqcr was to coaf'cr with Equitable as to what their polition was with regard to this third option and the lcl1Cr was the l'ClpOIIIC. And, he commented, lhat Council uked the City Manager to bring lhat rapoue to them . Tbcrc arc 101DC allegations in there or pomllle liability. be said, which CXlllld be disc:uaed at the appropriate time with our attorney, but be docs not think they arc lhat aerious. Tbc intent al the lcttcr, the impon al the lcttcr, u well as the urgency or it and the deadline, be thinks absolutely have to be public and must not be kept private. He assened that the citizens or the City arc entitled to ~ Equillblc '1 polition on this because we arc representing their intcrats. and be felt we need to proceed on !hat buis. He nmpilld lhat it was • ... ,,. - I· • 0 . f 32X ]- • • 0 • ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO April I, 1996 AIi Council Members present signed an "ACKNOWLEDGMENT OF RECEIPT oF NOTICE" or the "CAll OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." I. Call to Order The special moetiDg or the Englewood City Council was called to order by Mayor Bums at 6:05 p.m. 2. lawcatloa The inwcation -given by Council Member Wiggins. J. Pledae fl Allepuce The Pledge of Allegiance was led by Mayor Bums. 4. Rall Call Present : Absent : A quorum -present. Council Members Hathaway, Clapp. Wiggins, Habenicht, Vormittag. Wqgoacr, Burns None Also Present : City Manqer Clart City Attomcy Bn1Umlft City Clerk Ellis 5. ONI--, Rml1tilat Md Motiea1 Mayor Bums IWed that be initially catcnained the idea or callin& a special meeuaa tonisbt taua.lf, baving been c:alled oo Tbunday II the office by Council Members Wagooer and Vormittaa. 11ley IIIJDd bim to 10 ahead with the special ..una in order to discuu the Cinderella City maacr . Couac:i1 - previously ICbeduled for a llUdy .-ioo tonipt al the EqJcwood Goll C.aunc to meet the -wedon. Howe\'er, Mayor Bums aid 1h11 be felt it Ml approprialc. illllad, to meet in the Couac:il Cliamben, bccaule that is wbcrc the Plkcboklcn and atbcr people 1Wbo Ml'C al laP week '1 lllldy -.loo OIi Cindcrclla City "-that Council -aoiaa to discuu the maacr ftutbcr . Also, in order to MW • reading, be aid. the mectiaa muP be held in the City, and. thcrcforc, tonipt'1 meeting is being bcld in City Hall wbcrc the moetiDgs are umally bcld, 11> cwryoac will ~ wbcrc Ibey are. AIIO, it pa Council 1ft opportunity to \'Ole becaulc it ii • special mectiq. Mayor Bums advised that there are IWO mancrs for which the meetiaa -c:alled . ,,. - I . • 0 • • • • Englewood City Council, Special Session April a. 1996 Page 2 • 0 I• - (a) The first. be stated. is app1MI fl a raolutioa indice•ing !he direction of Englewood City Council for the ~ of the Cinderella City lite. He explained dlat this raolution basically ays lhal the EngJcwood City Counc:il clelirel to .. fol1h their inlenlioa to diRICI 111d to purme the ffllkwlopment fl the Cinderella City lite. to iadudc. bul oat be limited to, 400,000 square feet of cnlCltainmeDt and mail clevelopmenl. Tbe raolutioa -aligned. number and raid by title : RESOLlmON NO. 42, SERIES OF 1996 A RESOLlmON INDICATING 11IE DIRECl10N OF 11IE ENGLEWOOD CfJ'Y COUNCll. FOR 11IE REDEVELOPMENT OF 11IE CINDERELLA CfJ'Y srre. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS (a) - RESOLUTION NO. 42, SERIES or 1996. Mayor Bums asked if there -Ill)' dilcuslioa. Council Mcinber Waggoner remarked lhal Council receiwd a leacr, in their paclict today, dlat aaentially raids the ... therefore of the raolution just intnlduc:ed . One fl the lta!cmellts in lhal leacr, be laid, is lhal this raolution clearly cndones a power ccntcr al the Cinderella City site while this coacep1 is IUppOllldly still under review . Anatber ays tbal. sbould the City 1a1er favor a variation fl this coacept. pmagc of this raolutioa -.Id put the City at risk fl ftilurc lnluits ~ none exil!ed befClft . Counc:il MClnber Waggoner asked the City Anomcy to rapoad. ukina if this would lock us into 400,000 aquare feet fl relail at Cinderella City, and wbclher pmagc ol this raolu!ioa puts us at risk of ftilurc lnluits. City Anomcy BralmWI ..-ed that. with this raolutioa. Counc:il is directina l!dto purme the ne,ociatioas for 400,000 ..-,c feet . 11 can be plus or minus 400,000 aquare feet, lhal is opuoaal. He said the UIMl' IO the .... fl will ii open US up to -lnluits is. oat Ill)' -dlan we Ql1l'Cll!Jy MW ripl-. He opined lllal. ifdlcy can aue us-. they can sue us in !he future. thi11110D'I do lll)'thiag one way or uodler • to the lepl iliua. Council MClnber Halbaway asked for c:larificllioa fl the di&rence bel-. this raolutioa and the molioa she made ... Monday . Mayor Bums raid be thinks lhal molioa is history . Council Member Hathaway stated sbc is just curious, becault the only thing lhal is different in ~ is dial it is not limited to 400,000 aquare feet fl eatcnailllDCIII and relail . la otbcr words. we could add a c:uhural ccntcr or anything dse, she said. Mayor Bums responded lhal be -coaceraed abou! her motion ... week because Council had said they wanted more input from llafl' and more dilc:uaioa after last MCk '1 meeting. He raid lhal be did not t- she -,oiag to make her motion and raid she c:auaht bim r,ll pant. Council Member Halbaway asked. otbcr dlan e-mail diaamioa and dilClmioa willl CIOlll!ilmall, wbal dilCIIISioal MW Council Memben had amoaa themleha 11111 Counc:il -plaaaina oa bavia& April 15• in !he IIUdy llellioa. SIie said ii -published in the EngJcwood Herald 11111 this -,oiag to '10IIIC bad( up oa lhe 15•, DOI this cwaing. She fdt lhal 1111 llllde 111111C dtimll a little _., fl the lacl lllal. 1111 matter what we say, we do IO!Ddbina dse anyway . - ,,, - I . • 0 f - • • • Englewood City Council, Special Session April 8, 1996 Page3 • 0 ... • Mayor Bums said Council told -,yooe that they would be melding again tonight on this isalc. Council received a letter last week from Equitable, be rec:alled, which cxprmed their pat concan and dislras at wbal -have been doing and lookiq al tbe agreemClll witb tbem again and giving ma deldlinc. He thought lhll, since many rltbe people here tonight -,e here last week, they knew -were going IO meet again tonight. Mayor Bums said be felt this would pc Council a c:bance to dilCUSI and expcas opinioas. since this ii DOt a night for public CIOIIIIMDl, and Council would be Ible to dilCUSI their CODCel1IS and. therefore, have their discuaion, having receivcd a lol rl public input and dilCUlsion • well . He advileCl that tbe ocher ,._ be called tbe melding wa, D0t oaly !bat be lhougbt ii WU a good idea, but because two members rl Council exprasly ubd him to do II). He swed that be allO lpllke to Council Member Lauri Clapp on Friday, and sbe allO urpd Council IO ID ahead witb tbe melding tonight He said lhll, since Council Member Hathaway bad made tbe IIICIUCIIII before to ID ahead, be thought sbe would be in favor. Council Member Hathaway said sbe docs DOt have a problem with that, but that tbe problem sbe bas ii putting it in a special meeting lmion. where there ii ao opportunity for public input. particularly after it wu published tbat Council would be doing a formal \'Ole on the 15*. She said ii would not be a problem for her to \'Ole for it. its just Iba! most rl the calls sbe bas ru:eiwd expreacd dislras Iba! it wu being done as a special meeting. Mayor Bums swed that most of tbe calls be has bad in the last week have been about 80 pen:ent to move ahead, my IIIOllgly to move ahead, which wu anocber reason why be called tbe meeting. Council Member Habenicht stated officially her protat that -are having tbele CIDlllidered at a special melding. She thinks, for one tbiDg, • Council Mcmber Hathaway swed, it pnduda public CIOIIIIMDl, and it wu put on tbe agenda for tbe 15*, al which lime there would be appol1Ullily for public comment. She said she docs DOt aee any nason for rushing into wne«bing at tbe expew rltbe public's lllility to come and...-to Council, and that ~ to her, extremely problematic. Rnponding lO Mayor Bunl's COIIIIDellll that mucb rl this has been in response to tbe letler from Equitable, Council Member Hlbcaicbl said she bas a ICrious concem about this letter, and bow tbe letter from Equilablc wu inUaduced to Council. She said we have been engaged for -11 aver two years in wbat, in her UDdermDding. - IClllilive neplialions over a ral eswe maacr witb Equilablc repaenting Ciadermak . Sbc said sbe bas 1IWOlked my. wry bard and diligently over the years to mailllain all the ClODftdenliality and all rl tbe lhoughtfulnea and responsibility to the City and to the constituency in term rl ...,.iMina witb tbem appn,priately. She said her COIIIIDellll are DOt prqlll'ed and ubd Council IO plcalC bear witb her if sbe wanders a liUJe, because she ii .-mg now from tbe adl'. Continuing. llhc opiDed tbll rec:eiviDI, • a Council Member II the IIUdy lellion, a lcner from Equilablc requiring tbe aeptillioll over this lite, and having it read aloud to all rl III al tbe w lime it -read to tbe public, witb all lOIU rl inOammatory COIIIIIICllll, ew:a •UC'f'!ing m lOII rllnut IIClioll. rally put tbe Cily ill a bid place. Sbc said sbe bas beard people talking lboul this meelill&, pulling Council ill a box...__ c:an't talk lboul anything ocher tban tbele thiap. this meeting pulling people in a box ..._ tbe Council caaDOt lilleD to public CXllll-.il. Council Member Habeaidll llaled dial * ... allO IIClnt lboul this lcner bdng Council into some immcdillc IIClioll, ud tbll aeea IO be pllt rl wbal bas pncipillled this . She thought tbat what Council is doing ii laking u aclion I-' 1111 llow M are rdaling to our aeptillioll witb Equitable without tbe benefit rlthis Council meeting• a body rltbe whole to dilCUSI wbal lll'ltqy we would utilize in our acgo(iatioa, • -bave ower lllc pall two years in Execuliw Seaioa, 11> dial Ibey would DOt put forth IO Equilablc wbal dial ..... would be . Sbc said llhc Ila always IUppOl1ed doing tbele kinds rlthinp in ExocutiYc Scllion ..._ llhc 1111 always belieYed tbll it -ill tbe bell iDICnlt rltbe City and the constilllCDcy to IICIDlialc in tbll way, ill a husi-1ilrc w . When IOllllbody 11cp1 out rl that negotiation, out rl that kind rl pnlCICII. ud its botb tbe Cily Ma-,er ud Equitable, sllc said it gila her grievous c:onc:crn . Ms. Habeaidll said dial over tbe MClrCIIII. slace llhc did DOt haw tbe opponunity to m a lot rl tbele quaaioas II what she hoped would be a IIUdy ...ion. and if m rl the ·• -• I· • I [,I ' - - • Englewood City Council, Special Session April 8, 1996 Page' • 0 • things UOIC .wld MDI to be discumd in terms ol a perDllld IIIIUer or a lepl IIIIUer, or I nqocialing IIIIIICI' II an Exec:ulM Salion, lbe dicl DOl bavc dill oppoctunity ..._ ol lhis spocial meeliD& with action takiDg place. Sbe llid lbe • llbd I aumber ol ~ ol our lepl ODlllllel and our City Manager and they bavc all been capied to Council . Sbe fdt there is • lac ol informllioa there tbal Council may, or may not. bavc bad . Sbe relaled dill it• been called to lier allClllioa, by--OUllidc oldie City Council, whic:b she llid jull blows lier mind. tbal there is an earlier apermea1 with Equi1lllle in terms olbow negotialions -.lei proceed tbll City Aaomcy Dan BRIIDDaD -DIii ._ ol. Sbe llid she does DOl eveD ~ if our City Managcr is naR if it. Council Malller lilllaliclll opinCld. if M prococd with any ICUOII ~. oa die buis that there is informalioa tbal M do DIil all bavc, 111d that thole people wllo are advising us don't even bavc or bavc bad lime to ............ tbal wbat Mare doing is at best impnldeol Thad'OR, she regiltcred • formal prolal to baving tllis apecial meeting. to rushing into IOllldhing dill we really don't ~ ewrything about, to rushiag ialo DDCtbing dill is I put of, or at least tacitly I response to , 1 letter from Equitable, when we are 11111 nen with our prime advison aware of all of the previous negocialions. She aid she .wld be emblrnaed to proceed. knowing that there are all these questions that have been answerecl.jancl all this information that our City Attorney cloan 't have . COUNCIL MEMBER HABENICHT MOVED TO TULE THE RESOLUTIONS UNTll. THE TIME THAT IS POSTED ON THEM, WRICH IS APRD.. 15111• The motion died for lack ol I aecond . Council Member Clapp stated for die record that the special mceling -11111 her idea, but that she does support it. She aaerted that we need to go forward with die project 111d said she believes, from what she bas beanl from die community, that they are llill with die relail ~ c:oacept. She uked City Attorney Brotzman wbaher she is correct in believing dill die VOie dlis CVClling does DOl approve Skip Miller's a,ngq,t, bis blueprint II lhis lime. Rather, the VOie just appruwa relail/eatertainmenl . City Aaomcy Brotzman ,aponded that Council Member Clapp is cona:t, and tbll Council will be ditecling llaff' to punue ~ for 400,000 square feet ol entcnainmeal and relail de\dopmenl. Council Member Clapp uked if-oldie --"big boxM cu be -'Cid out in die CIIIUIICI illdf II I lller dlle. City Attorney BRIIZIIIIII rapoaded afflnutivdy, lllliJI& thll, die C1011CC111S cu be 1WOlked out tJuau&b die public meeliD& .._ to be held by Council in die follule a MU • die Cllllttllcl. He advillld tbll there are apecific pn,visioal thll will talk abaul dill in die COlllnlCt and they bavc to come 10 Council for approval . He cioncumd with Council Member Clapp's llllemcnl that we are. 11-, in no way locbd in to Skip Miller's current concept. Ms . Clapp aid okay.just the relail . City Attorney Brouman aid right. Mayor Burns advilDd dill he reviewed apia the Idler Council received from Equitable laa MIik. and he does DOI believe thll the Idler is priVlle DOI' -=rel. He aid ii -liven • I rault ol a iequat to die City Manqer from die CouaciJ die pm'ioul week ud die City Managcr .m a memo to Council dlted April l , 1996 with reprd to die previous llUdy eaioll and iacludina die inronaalioa ii-thll die CAlwlcil MIiied to -with rqard to. IO-Called thinl oplioa tbll -liven .. die previous Council meeting repn1in& CiDderdla City . 'Ille thinl ilelll oldie four -thll die City Managcr,... to CIDllfer with Equitable II to wbal their polilioa ,... with reprd to lhis thinl oplioa 111d die leacr,... die rapoue. And. be comlllellled , tbll Council llbd die City Managcr to briaa thll l'llpOIIIC to them . There are 1C1me al~ in there ol poaible liability, be llid, whic:b CXlllld be diac:ulled II die approprille lime with our anomcy , but lie does DOI think they arc tbll lerious. The inlcal oldie leacr, the impon olthe leacr, u well U the IUFftCY ol ii 111d the deadline, be thillb aolUICly bavc to be public and mua DOI be llcpl priVIIC . He aaerted that the citiz.cm olthe City are entitled to~ Equillblc'1 polilioa oa lhis because we are n,pranling their iaterats. and be felt M need to proceed OD that buis. He NCllpWld dill it ,... .... " - I . • 0 - - r • • • • E-,JeMod City Council, Spac:ial Sellion April I, 1996 Pqe5 ,- , . • _,. c-il Member Cllpp'1·illll ID IIIIVe tu ............. dlll Ille ..... called lier alNllll it Friday. C.cwil .......... I lctcc:llrileddlllllllewllllt... i.dlll..,....111 ...... 11111 ... --...-ad dlewaydlll c.a-:iJ Wllllld ..... IDdlll .... WI Oi. dlll M .... IIIIVedilc-.twilllllcaellafcmwl llldwidl._.afoa ... •iee!•wl iaaCWIIIM .... C.cwilWllllldllllllby-•willl•...-....-••llody,.._.._ ra rX•dlllww ...... -. .................. Natdlllillll .. hadle~-..... llllldlllCallll:il Wllllld-'••lllady.....,1D6,a...-. Ma,ara.. liii 1 1 dlll die Bwaliw Seaiw llleld GD dleW _. ia ...... IDdletlllaillca die oaa11ae111111 ... ~ to die City IDd pnip1idaly ID•• lsrllr He aid dlll • liad a pna ...... ia 1-y--=ina dlll M llld..... ia pria:lpll willl ~widl RPRI ID dle11 t 'Miialladlllrdonafdlecealerlllddlll•-.._ .... , SI 1widadle....._. Maialy, Ille llid. dlepna wd:aw::e wlbaut Eqiiillllle illelr. lie ....... llil..--11111 die lllllr _...., ayiqtopl-.1111111ead wilb dleamac:tdlll M....., ........... -. ...... -afdlll lllllr • .., .. ~--llllljec:tlD ......... ...,. ........ if• ll'C IIIU'I ID dilC:aa wlledler M ll'C IIIU'I ID 111111111d • 1111t widl die pnjlcl. it .... Ill Pllllic ad .. •-afdle--are llmna lllil lllmiaalllllipl. He ...... dlll llil...-. ....... 1111111 jull delcrillld. Mayor Bm111 llbd ifdlele ... M)' funlller mmWW Heailll-. Ille .... far I VIiie -die ...... v .......... ..,....11,,,,: UvNe.a: Ayes: c-dl ....._. llllllaway, YCllllilla, W--. Waaa-. Olpp.S.. Nays: Caacil Malber HlllaliclII TIiie --carried. Ml,ara.m ca 111 dlll ..... lllilla lllewClllllfalllll widlwdle ..... afdle ......... ad dlll. • die City Aaa..y jull -.lwed, dlil .,_ llllt mllae • ID a ....... type af-. buildiq, lalllll•~-il •• _,....., ................ ....... ea.ii Member Halleaiclll ........ wad•• die ....... .., .. _ o..-. * aid, w ................. lllil lllllill& 11111 lllil ... ,,.. •• Oil liae. s..ty, lllle explaiDed dlll 1111 ._.,.. _. caaarD dlll a llll afdle ..... 11111 IIIIVe'-milld 1111Ve 1111t ..._ ....... aad dlll <:ow:il .... IIIIVe all afdle .......... (b) MayorBm111 ..... dlll die ..................... lllil .... die leclewloped Cindaella City li1e. TIie IIIOludaa w aalped a....., ud 11111 by lide: RESOLtmON NO. 43, SERIES C. 1996 A RESOLtmON SUPPORTING A UOKI' RAIL STATION AT nll! ll!IJBVl!lall!D aNDPJII I A C'JY~. I. • 0 1 32xl - - • Englcwoocl City Council, Special Session April 8, 1996 Pagc6 • 0 , . • MAYOR BURNS MOVED, AND IT WAS SECONDED, TO Al'l'llOVE AGENDA ITEM 5 (II)· RESOLUTION NO. '3, SERIES OF 1"6. Mayor Bums lllked if tbcrc Ml furdlcr diK..,., o(dle ....... lie llbd c:o.cil Member Waggoner to explain wby M lulw die ....... liaic ii --idla 1111>. Council Member Waggoner responded dill die UD...,. ii 11111 die people 6-the Regional Tnmpc11111ion Dillrict (Rm) -preaeat • 11111 MDadly llipl --. ad dley aid Ibey would like an indicalioa dial we aR willlil& to pnaed witla a lipl nil .._ • 11111 lacalioll. Council Member W...-, _. dill lie, for oat, is cerllillly lady IO pnaed widl I .._. dial loc:alion, IS it is important for the City ud be is williJII to ....,art die iMlll•ice. Mayor Bums cxpraad IUppOlt for die lalllulioa. He remillded dlae preaeat dill a a,uplc of weeks prior be bad die plcuule of 11ND1 to Wlllliqloa to appear• I .-=ill •-ncemenl al the While House ~ 1h11 the SoudlMII Corridor Light Rail Prajecl 111d beeD ldeded as one of six projects in the c::ounuy 1,y the Praident. ISmllDCDdiaa fuadiaa to the Coapas llalting in fiscal 1997. He said the full fuadillg.,.... ... -is beiDI neptialed. the -and is IIICMDg along quile lllllltly. and may be up for I WIC • the Rm board ntber quickly . Mayor Bums adviad that Miller-Kitchell was the only dcYclapcr oC the mpondina twd\'C wbo proposed to put that Rm stop in the middle of the iedevdopmcnt site. wbicb Rm w delighted to bear. Mayor Bums reiterated that he \'elY much IUppOl1S this iesolution. Council Member Habenicht llllecl that she finds hcndf in the \'elY awkward position of having to do what she bclic\a in bcr mind. heart and caaKicnce is right. wbic:h is to VOie against this lalllution. She adviad that she is Wling apinll this lalllulion II pan of the prUlell of having this meelin& ud aot doing al the DCXt meelillg wbcn it -published wbcn it would be doing just II well. She said she bas bocn, and CXIIIUDUCS to lie, a \'efY lballg supporter o( lipt rail don the IIIUllnwat c:orridor. She taninded Council that she has beeD -itiq toward that end. and bas beeD I IUppOlter of it both wbcn the 111¥)rity of this Council w oppOIOd to it. and wbcn die 111¥)rity of this Council w in fftar of it. SIie llllecl that she bas WOlted llaUllchly and firmly and lteldily toward die cxtemioa o( light nil don the ICllllbwal c:orridor IDd lll'Ollgly 1Upp111111 ligbt rail llllioa al die site 111 pan ofdle ledevclopmelll ofCiadadla City . Ms . Habcaicbt cxprcaed lier belief' that it sbould be I really dymmic indoor llllioa, bella 111111 C\'efY otber light nil llllioa in the world. It sbould be exciting IDd ID C1111yW1y into our CIIIIIIIIUllity dial will bring people in, with possibly a balel at that site. IDd IOIDClbing that will tic it into the coafaence and convention center. SIie staled that, if she is making negative YOCa. she WIDII to make aue that everyone in the community rec:ogniza that lier ncptivc \'Oles aR due primarily to this procca. wbicb she thinks is excluding the public and wbicb is &wring IOIIICthing lcll 111111 what she feels can be done at that sile. She opined that this sile CID be the most exciting and dymmic and positive thing for the City of EngJcwoocl, and that. when M an! probably limiting it to power CIClller, big box, ldail, we an! doing a diucrvicc to ourselves. to light rail, to our citi7.cns and to our future. She ..ned tbat we CID do IOIIICthing exciting, dynamic and dilrcrent at this sile that is IO much better 111111 what is on the table rip now IDd we need to look at doing it and that is why she is being contrary. She said it is aot IOfflClbing she is enjoying, but she said she feds this dcvclopmcnt is probably a turning point in our COIIIIIIUllity . Tbcraore, she said, it is galling her, but she will vote no . Mayor Bums commented that al the meeting last week the dcvclopcr said that he will lulw public meetings with regard to the dcvclopment, even before tbcrc is a IUbmiual to the City for the PUD procea and there will be more public meetings after that, both before the Plannin& Commission and the Council . Bcca111e the fil'll raolution is worded III broadly, be felt there would be a loC of opportunity for inpul on what sbould ultimately be on this sile. ,. - • . I . • 0 - Eqlcwood City Council, Special Scaion April I, 1996 Pqe7 . . • • t• • CouDcil Melllller lfldiawly cllriled dill ii ii ..... • lnldly dill it doelll't --,jly --Dy dill Miller-Kildldl will ead llP .... die dlwlaper. SIie llid dlll Gllllld ... paalbility clowD die ... .-dlil raalllliclD dael aat ay dlll 111 .... _. IPlllilll dledewlaper. SIie llid tmn Ila,..._ IDilll • dlll we aed lO cxalae. Ayes: CouDcil Mellberl Hadllway, V~ w--. w...-,, Capp.BUia Nays: CouDcil Melllller Hllllaidll 6. AAl,IIMII B I 1 COUNCB. IIDDl:a BATBAWAY MOVED TO ADIOUllN, TIie 1W1i11a w ....... • 6 :31 , ... Ml,-....... dill dley .... lllXIIMIICilrftlrdler..., _.. die ,alf CIIUIII ....... He ....... ..,..11r caaull- '\~.· .. I . . 0 f • 0 , . • ' .. ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Afrtl I, ltH I . Cal ti 0.... TIie ieplar lllllllilla afdlc l!llpMIOII City Couac:il -Cllled IO onler by Mayor Bumi ll 7 :39 p.m . 2 .......... TIie ilMICllioe was pm by Couac:il Member Wiginl. 3. PINae II AllealMtt TIie Pled,e af Allepuc, -led by Mayor Bmm. ,. a.uc.u Praent: Ablent : Couac:il Mcmllels tlldlnay, Clapp, Wigial. Hlbeaiclll. Vormitll&, w....-,. Bums Nolle A quorum -praenl Allo prelelll: City,...... amt Cily Alllnl)' 8ralzalll City a.k l!llil DiW O.,alewicz, Piaw:ial Selvica A....-File Mlnlllll 0.- DiW PCllldl. Udlilill 5 ....... (1) COUNCll. MEMSER BATBAWAY MOVD, AJIID ff WAS DCONDD, TO Al'l'ROVE THE MINUTIS OF THE UGUIAll llU11NG OF IIIAaCll 11, 1"6. (1) praent. Ayes : Couac:il Mellbell Hadlany, Vonaiall, Wigial. llall rnictrc, w....-,,e1app.a.. Nays : Nolle Tish Beauford, Pn:lideDl afdlc ElllftOIIII Jaymcl. I j#d ......... YIIIIDr, -aal (b) Tom Rqwai, 1+ Ina~,._... Md die CCllandD A ........ af Stafflna Servica, 11111111 lie will Cllillblc Ilia .-ti tllil IWllilla ID I ft iplCilc illm • die anliaace dial Couac:il will be CIOMiderill& caaceniial ...... al....., .......... a-. 111 llid, tllcrc are I lal af odler folb 11111 will..-to die -llilljec:l aad will 111k ... ..._ lilpkl. Mr. "~ • . I . • 0 • Ellclewood City Coaacll April I, 1996 Pqe2 • 0 I• • Ragondli DOied be is a -, 10 the issue ud that be is._ thal the City ud many or the people in MlffldaDC'C have been -'tlng 1111 this for over a year . So be uked Council's indulgence if be happens 10 _. o1c1 pound. He adYilDd that the primaJy c::oocem or his clients is that this ordinance, either by iuetr or with other -to come, is designed to diminatc leplly operating ICmpOrUy llaffin& 1Cn'ices from doing business in the City of' Eaglewood Ill the locations they -enjoy. In order 10 address that issue, Mr. Ragondli Aid thal be met with City Attorney Brotzman lut week ud be put to rest at leut two or their CXlllllel'IIS. He llllted thal Mr. Bruwnan told him that the way the onlinance is drafted, if you supply the information required by the onlinance then you will have to be panted a license. AIIO, if you have a licellle Mr. Broczman adYilDd that there an: no llaDdarda orbues for RWCalioa. 10 it can't be revobcl. Mr. Ragondli Aid that is the way be understands it ud if be is wrong in any way be would like 10111e011e 10 tell him. He Aid their laa -of' c::oocem is specifically the DOD-uamf'enbility of'licellle provision. He suted that tbele businesses an: all valuable businesses ud Ill 10111C point they may be sold and if the license is non-tnmrenble that affects the value on sale. He aid, u they understand it, the City's QORCICl'II in enacting this ordinance is to locate where these businesses an: in the City or Englewood and to know who the owners an: 10 the City knows who to ClOntact if necessary. Mr. Ragonetti maintained that if those an: indeed the purposes of the ordinance then there should be no reason that the license should be non-uansf'enble. He Aid they suggest that the license be made uansferable, with the new owners providing the City with the same information on ownership and paying the same fees as any new licensee . Mr. Ragoneni advised that they have supplied some suggested language 10 amend the ordinance which would do that. He suted they sent a letter to City Attorney Brotzman with that inf'onnation and asked that Council ClOIISider that amendment to the ordinance. Ir Council is not inclined to do that, he said, he would be interested in the reuon why . He added that they undenaand the City is QOnsidering moving on from here to address the whole subject or licensing. more ,enenlly, and al10 10 address the question of bow the mning in the City or Englewood will trat businesses like these. Mr. Ragonetti asked that his clients be allowed 10 be ilMIMld in thole effons because it will affect their businesses in vital ways . He said be would be happy 10 answer any questions Council might have or address any CXlllllllellts. Mr. Ragonetti QOIIIIIICllled that be would like 10 raerve IOfflC time to respond. if there an: any questions or saatements that ClOme up in the discussi1111 or the ordinance. Mayor Bums advised thal Council does not usually reserve time • there an: a 1oc or people thal may be speaking later on . He uked if any member or Council had quatioas for Mr. Ragoneni. There being none. Mayor Bums thanked Mr. Ragonetti for his aimments. (a) Dave Puchal, 2800 South Delaware Street. llaled that about two and a half weeks ago he received a letter in the mail printed on twenty pound salmon bright Rcpliclllpy bond. He Aid be pve a copy or the letter to the City Clelt ud wanted to address the lituatioa in thM it lllks for the rccall or Rita Hathaway . Mr . Pascal advised that he hu made an dl'on 10 go tbrou&h each oldie four parqraphs and did a lol or resarch. He Aid III bell be found the information to be misguided or at leut mutated. So with this purpose he staled wanted to go OD record and Slate that they named two violations, one or Home Rule Charter number 37 and also 32 . He DOied thal 37 discusses, in their opinion, a deleption or the action ClOmmittee over at the Broadway-Bates problem -· He said he concedes there is a problem, but he does not feel they have identified the ..rec comctly. Mr. Puc:al suted they claim that Ms . Hathaway turned this over to Neighborhood Watch and that violated 37 . He aid 37 does not deal with that at all, that it deals with the voting OD ordinances, raolutions. etc. ud thal there _. wu an ordinance 10 wee on at that point in time . He said the IOCOlld one is Cbaner number 32 where they cbarae that she interfered with the procedwa oldie City Manager and the City At10mey . Mr . Puc:al said be and the City Attorney had a converution, ud he told him thal to his knowledge Council permn Hathaway, nor any other permn on this a>uDCi1 bas ever interfered with bis office procedwa. Mr. Pascal advilDd that he asked City Manager Doug Cwt the same question and he allO c:onftnned that to bis knowledge there wu ·• -• ,. . \ I . • 0 f - • • • • Ea&lewood City Council April 1, 1996 Pqe3 • 0 • DO( a violation of' rule Cbancr number 32 . So, be said. be finds that thole two charges. seem to be outstanding. to be false . He aid !here is an ICClllalioa that the City Aaarney refused to UUlllllit a copy of bill number five to a requesting taickDl. Mr. Pucal advised that be aid that that is allo lllltnlC, that there -• let of c:iralawtancft wben: they c:alled larc in the afternoon when be -putting the pacb,es together and aid get with me tamanuw and they _. came back . He asked City Aaarney Brauman if that is a>rroct. Mr. Brouman iDdaed it-. Mr. Pucal aid that bual OD that be can't IXIDdOlle. endorse or support any effort directed• Council pa-. Hadlaway wbo they ue ICCUliDg of c:oaftict of interest, lack of ethics and .. of power. He added that be bas not been able to find any inltaDcc of that case. (b) Harold Celva, Englewood Downtown Dewlopmenl Authority (EDDA) Dinctor, lldYiled that be is speaking on bebalf of the EDDA Board of Directors and the recently instilUtod public process for the creation of a brand new downtown plan . He aid while the public: process is just beginning. the EDDA Board bas been womng over the put year with an wbln delipcr pluner looking at the downtown dislrict. talking with City ltaff, members of Council and members of the CIOIDlllunity. He noted that initially they were trying to assess the need for a new downtown plan and when they found that this is ~. that is probably c:alled for they bepn to dndap. process for crating this plan. He aid they delayed the beginning of the plan. that they bad originally intended to 11a11 the plan in December or early January, bec:aule of-of the unc:cnaiDty relaaina to the process iawlviDa Cindcrdla City. Mr. Celva advised that they bad a concrm about crating any c:oaftict or daplic:alioa of efforts. He said it finally racbed a point when: the decisioD -made IO 10 ahead with the Mn OIi this plan under the current --quo. that they viewed at the time • Skip Miller die dneloper, bi& box deYdopment. He noted they 111d with Mr. Miller. that they ue not llidiD& or prapolUII any odlcr apada or political a,eada. He aid be felt that the prablcm M are having and the CODCenl tbey MW is -of coonlinalion. They hope they can acbieYe an CJIIIOilll coordinalion . Mr. Celva advised that an initial oricDlatioD -. was held Mardi 19*' and Mayor Bums, CouDcil Member Habcaiclll. Council Member Clapp, City Manqer Cart, Office ofNeipborbood and Busi-Deulap•III Manqer Sullpma .... Businels Comaulity ~ Scibelli wcrc in al1elldance. He aid be-OUl of towD ... -* and miad ... Moaday's Council IIIIICUJII. c.oueca-tly. be noted that Ille .... lime -die ---.... die .... pan of tllil IDOflliDg playing c:atcb-up • to the ever dlan,uta .._ of MIil is...,. witll Ciaderella City . Mr. Celva l1ated that be is here tonight IO offer a plea to Council 1111d lllll is a aaaiader to cmsider dleir planning process and the relaliODlbip it bas to the Ciaderella City lile. He explailled ..... they ... Council's belp IO w . whalcwr new pna11 tbey alenlke or wllllewr .... CDalllaal they may~. that there MUld be the nec:caary CIOOldinllioa of tbae ..... He-. c-il 11111 dleir delire is to ba\'C a flexible, inclusive process that Council lboulcl view • a i--.z Md a IDOi . Mr . Celva added that the COlllllltant they have biJed is Roa Sinka 1111d Ille coaes witll -,. ftae CNdealials. He aid Mr . Straka bas been rempimd by bis peers. is a fellow ill the "-ic:all hllliW of Aldlilec:ls (AIA), bllJ aerwd for 25 years under the AJA Regional Urllu Desip Asldlaacz T-Md bas_... ill ower 120 cities acnm the nation with these tams. Mr . Stnu _..., ill dlarJe ofapecial pnlducll ror the Pela AdmiDiltnlioa in Deaver. He poillled OUl tllll lie alllioa all of tllis IO c-il ia a aaempt to aaurc them that the quality of the effort they are pnlpClliDg. 1111d tbey llaw adalalla. ii 1111 . He added that they ue looking at short and long term pis and offer this rauurce to Council . Mr . Celva l1ated that be wanted IO emphasize to Council the overwbelming need to place die Ciaderella lilc ill the COIIICXl of the entin: downtown . He noted that they aec an awful lol of focus oa apecific dclails of die Ciaderella City site, but be ooatended we need to look at evel}tbing 6-the Cieaeral ball Worb site to nwo or three blocks IOUth of Hampden and from Santa Fe to Swedish Holpi&al . He emplwimd it cannot be viewed in ilolatioa. and if it is. be awntaiaed, we will be eompo111ndin1 the milUibl we llaw made in the pat . This. be QOllllllellled. is why they feel a downtown plan is critic:al a1 this time. He asked, • Council considen the next llepl in relalion IO Cinderdla City, that they DOI forpl or ipore their dl'orts. Mr . Cclva reiterated that they ue here IO MIit with Council and the City . .. - ,. - I I I r~ . I . • 0 f • • • • 0 I • - Ea&lewood City Council April I, 1996 Pace, (C) Kellie WallCl'S, an employee al a lelllpOlal)' len'icc, llid she is DOI ~ IO talk about planning or zoning, u she lhinks planning the City and liceDsing is a good idea. She llaled. howem', that she does DOI think telling a compuy or a~ when it CUI opea or c:lolC is a good idea. Ms. Walters advilDd that she and ber bulbud C1W11 their -lllome ud MW tllrcc c:llildral . She explained 1h11 she also bu a medical problem which lllllles it aeccm,y for lier ID • a doc:lor two or lhnlc times a IIIOlllh. Bec:aulc o( this she llaled IUl she CIIIIIOl bold an cigbl IO m<e jab. She poinled GUI tbal wilhout die temporary acrvic:cs IIVlillble in EDglcwood she ~ DOI MW die _,-ID buy lier c:llildral c:lolhes, lei diem go IIUling or anything like tbal. She DIiied llbc jUII wlllled IO lei Couacil kmw 11111 dlcrc IIC people who own, run ud wort for tbelc ,..,...aies. Ms. Wallen llid * is DOI for dnmb defece!ing in her fioal yard and she lhinks wllll Council is llying ID CDIIIIOI is a good thing. Howewr, llbc llid tbcrc is a thin line ~ and we need IO wort IOpCbcr IO find a IDlulion. She CQID1Nllled 11111 m lllillks multing diem down completely is the wrong thing and by dnmiog clown the boun nabody cu Fl to wort or Fl back from work . She said they haw IO be al die ball by 5 :00 a.m ., if they haw cars, IO Fl ID their jab by 7 :00 a.m . She advised they provide lranlpOl'lalion for thole who don't MW a car. Ms. Walters maintained that the homeless arc everyone's problem and they arc just uying to wort. She reilaaled Iha& she agrees with the licensing, but she docs DOI agree with what ii is opening the door 10, the amcndmenu. She pointed out that they arc human beings and arc just Uying to Fl by . (d) Sheny Jones, 3550 South Delaware SIJeet, advised lhal she is also a lCmporaly worker, that she does believe in licensing, but what is going to come out oC this she does DOI agree with . Sbc staled that she lives and works in the City of Englewood ud she works~ bani for her money . Ms . Jones said that she also is not afforded an eight to five jab. She DIiied lhal this agency provides her with the opportunity to show employers her abilities, lhal possibly she may DOI be able ID show them tbruugh a rawnc or tbruugh answering an ad in the paper. She commented lbal lhrougb this apncy she wu lblc 10 IIIO\'C into the City of Englewood and out al a ~ unpleasant situalion . Because of this qcncy, she said she feels she bu a right lo vote because she is a worker and her tax dollars arc spent right ~ in Englewood. DOI in Denver or Lakewood . Ms . Jones requested lbal Council plcaae coasider wllll lhcy arc doing and what they IIC proposing IO the WIG'S IUCb as bcndf' ud Ille people lbal IIC afforded an eight IO m<e jab. She asked lbal Council plcaae take diem into COlllidenlioa, becalllc they arc DOI all bad people, Ibey wort ~ bani for lhcir _,. jUII as she -sure Council does. (e) Lia M . Kramer, the Human ltaourccs Maaqcr for Slaad-By Penonncl, 290 I South Bl'Clldway, staled lhal in 1995 Slllld-By Penonnc1 employed 659 EDglcwood raidcnts. She adviad lbal she prq,aRCI a diagram that rq,rcscnts 549 oC lholc residents that live within a two mile radius of lbcir Englewood office. She pointed out lbal 292 of lholc workers live within one mile and 257 live within two miles . Ms . Kramer noted that they employ an average of 240 people per week and lhcir payroll last year for this localion exceeded lhrec million dollars . She cslillllted lbal the four temporary perDlllcl acrvic:cs in Englewood pay out over 12 million dollars in payroll to Englewood raicknts. She opined lllal lhelc payroll dollars arc spent in Englewood al local busillCIICI and this acaenia ala tax reYCIIIICI for Englewood . Ms. Kramer said that the 111¥)rity o( lhelc people arc ..._ jobs llying IO make cads med until Ibey CUI find permanent ud full time jobs. Olbcrs arc SNpplemaMing their ~ to ClllPC with the COIi oC living. She questioned wbclhcr the Council would rather• diem oa Mlfuc, wmplo)mcot ud food stampS than working for Slllld-By. She advilDd lhal Ibey MW 1MCD a 111rvcy oC their~ and she submined copies of swwys for Ille record which indic:alcl various .-. wily Ibey wort for Slllld- By . Ms . Kramer read from one oCthe swvcys complctod by Tcny Arari which indicata dall bis aormal occupation is a grinder al a bridl yard. lbal be is ~ temponuy becMa bis full time jab MDI from five days a week 11 eight hours a day to altemating from four days oa a ten llour day ud four days all. When it happens that he docs DOI wort cnou&)I hours al bis 11111 time jab be iDdicated lllal be canllOI pay the bills. The swvcy revealed lbal be bu been livina iD Englewood since 1977 and bis wife llal been living in Enpewood since 1960 . He said they own their home ud arc raisin& lhnlc cbildreo . By bavina this jab be noted lbal be can make sure lbal bis children arc well lakcn care oC and llked lbal dlis jab DOI . -• ,. - I . • ' r • • Ea&lewood City Ceuncil Aprll 1, 1996 Paces • 0 I • • be lakcn away fnlm bis family . Al this point Ms. Kramer aid she wanted 10-* that Council keep in llliDd 11111 w11ea Ibey liccllle or ftllllalC this type ti.-Ibey will be aft'ec:ting the ma and livelihood ti many E.,ae-ad citimls. (f) Carlene A. Walker, owner ti Slalld-By PaulMI and Primers PaDIDd in Englewood, ldvilcd dull Slalld-By PaulMI -mnal 27 yan qo with a lou she IOak out tbr $6,000. Sbe ldvilcd dull dley haw: puw1110 13 afflces in tlllllc 1111e1 and dley Wlllle W-2 .._ tbr tMDty-threc dlouland Mllllen lat year .with a payroll to lelllpDIUy Mllllen ti-12 .5 billioa clollan. Ms. Walker .... tbal ftw yar1 ago Ibey opened an afflcc in~ .... •-, tllheir lellqll MR living in E.,ae-ad and Ibey bad to commute 10 their clonlown flcility . SIie aid dial additionally their IIINC)' lboMd that in this uea lhere -a bigller CIIIICCllllllio ti low i-lllideml, IIIIClllplo)'ed welfare m:ipiellls, pod bus routes and a bigh wnc:enll'alion ti W. Ms. Waller explained that the types ti companies Ibey service are manufacturing. nrebouliq. ~ ---ai and maintcnancc. IDIDIII many odlers. Sbe poinled out that --1 cilies and ICbool ayllelDI -dleir llelVica and many ti the WOiters they employ ba\'C found pennanent jobs .with COlllplllics wbcrc Ibey ba\'C lellt them for temporary assignments. Ms. Walker told Council tbal she gets a peal joy out ti being called by people, wbo worked for bcr 27 yan ago, 10 tell bcr Ibey are DOW manager ti a company where they MR aent as a temponry worker. She llaled tbal many ti the fonner temps DOW haw: their C1M1 busin mn and use temponry help from her personnel ICIVicc . She pointed out that many ti their temps haw: ftJll time jobs and work for the personnel service for the IIICXIDd and third shifts and weekends 10 mpplement their income. Ms . Walker noted tbal many ti their workers haw: been laid all and work for the personnel service until Ibey find permanent work. She aid she would rather haw: them working for their personnel service than being a burden for the Slale and dmring welfare and unemployment. She commented tba1 there are many women with children .with no skills wbo haw: been lblndoned and Ibey need their belp 10 put food OD the table . Ms. Walker DOted 1h11 wllea the aJ1ide in. the -lplpa, and the inlerview on lclevision, appeared she receiwd many calls fnlm the neighbors, the l'CIY people that are complaining about the personnel service ud Ibey are DOI in aan,ement .with the neighbors. Ms. Walker pointed out that their facililies are Mil maintained , dley haw: no graffiti on their buildinp ualib otber,buildinp in the neigbborbood. their parking lot ii c:laned daily. and Ibey do IIOl allow loitering or alcobol mnP•mptioa on their prapcny . SIie emphasind that Ibey are a leptimatc law lbidin& business, Ibey haw: never been under UMltiptioa for uy illcpl activilies. Sbe aid Ibey haw: IICMld ewer 700 Englewood CUSlOIDaS ewer the lat ftw years and thee Cllltolllell use their services for leptimale work . She aid she bas 60 lcaen ti support 6--ti their El!pMICld Cllltomers. Ms. Walker ldvilcd that many ti their Cllllomers use them for snow lallOVal at blllpitals, Dl!lling homes. aputmellt complexes and shopping centers. If they do DOI Fl their --vlftheir lidewalks they are IUbject 10 fines by the City, and she aid, worse yet CIISlomers and residenls CIIIUld slip and fall and -· She ldvilcd that Ibey service various cilies in the Demer metropolilan -. illcluding Eqlewood, for projetU illcluding removina limlll bnlugbt clown by snow and road repair, they lffl'ic:e ICbool districts 10 landape and do maintenance wort . She added tbal the City tlEnpwoocl -their llelVica. Ms . Walker maincainecl that Ibey haw: rapaadcd 10 the neighbon requem by puttiaa in an expeuiw lot monilorin& tyllCm, light poles. fencin1, lips, blinds and the list aoes oa. She comff!NMNI tbal Ibey haw: bired vlf-4uty polic:emu oa1y to be told by them that tbey do not haw: a lOCUrity Died and they are Wallins their -.y. She aid Ibey haw: done ail ti this 10 try to accommodate their neighbors and Ibey do not know wbal else Ibey can do. Sbe med if Council bas uy suggestions and llaled she would lowe 10 Ft toF(ber .with the City Council mmbers. <a> James R. Handzel, 5140 Colondo Boulevard, DaMr, aid be worts for Bra Exposition Services and is lpllkina before Ceuncil bec:aule be is a C1C1111UDm ti 1empOrary belp and also a client ti Sland-By Penonnd. la additloa. be llatcd, ..... lie .... --in the c:aplcily ti. council perDI for two years and IDa)'OI' for ftw ,-rs and be Ullderuads that -=la council perDI bas a deep penonal philolopby 10 erve iii that c:aplcity . He said there are illua that ODllfront our community, but there are alto issues tbal coaf'ronl our busima community . Mr . Handzel advlacd that dley ODUld not ,, _ I . • 0 ' • E.a&kwood City Council April 1, 1996 Pase6 • 0 I• • survi\'C in their industry, which is the lrlde show and convention business, without tcmpOrary help. He poinled out that they 111C aage bands, clec:orl&ors, teamsters and anyone who 1111pplies people on a daily basis and fialfills needs. He cxplainod that they Ouctuale from needing two people to fi\'C hundred people OD a given day. Mr. Hand7.C1 empbasi7.ed that there would be DO ~ they could survi\'C by hiring that many full-time people or CYCD hiving a pan-time pool that they could c:al1 upon OD sbon term notice. He llaled that there are a number oC utislics that their industry and lrlde industry economists point to and they tell them that the ~ oC the fiature is through tcmpOrary wort . Thal it is bappening in • variety of 11.11e1, that Ibey ba\'C multiple affices tbrougbout the c:ounuy and each year the demand for temponry llelVices i-wbdber it be unions or temporary services. He said that be envisions DO( too far into the fulun: that CYCD places IUCb • McDonald's, Wciidy's and Chili's will be supplied with cooks, waiters, waitrmes and people in the service industry • the needs increuc and dccreue. He commented that there are always signs looking for people. Mr . Handzel DOCcd that having been inwlved in a number of ordinances. as Council is invol\'Cd in at this point, there is usually a specific need. He remarked that, after reading the current \'Crsion, he is DOI sure what that specific need is. But he said be does know that the temponry agencies who provide personnel are heavily regulated by both federal and state. He noted be understands that they are upstanding businesses, they use them and the people are of great benefit. both to tbemsel\'CS and to the communities. He said be knows that this community may have a concern that the City is Uying to addless. He stated be also knows that guns kill people, not people. He added that be understands that unemployment creates unrest, unrest creates problems and employment sol\'CS problems. Mr. Handzel said these agencies that Council just heard from do sol\'C thole particular problems. He urged Council to look at all of these aspec:u and he hopes that Council will evaluate each and every one of them when Ibey make a decision . (b) Vicki Steere, with C K Staffing at 6000 East Evans Avenue. Denver, President of the Colorado Association oC Staffing Services and the local representati\'C of the National Association of Temporary and Staffing Services, IIOled that she spoke ... time. Ovaall, she .. led. they still object to licensing in any form for the basic common 1e111e reasons oC bow this ordinance is written. She said they unclentand that there is a perceived problem. or a perceived c:oncem abou! temporary employment 11e1Vices in the City oC Eapewaod. Ms. Steere llalal that Ibey beliew it is just that, a perceived prablem. that it bas taken OD a mind oC ill OMI. She said they ll'C willing IO -'t with Council in Uying to correct mmc oCtbele pen:iCllliaa. 11111 dley do aiac beliew there tnlly is a pnilllem. TIie percei\'Cd problem. she DOied, is thal temporary help ICrvioes c::ame or attJXt IIUisaace aclivity. She said they beliew it is just the opposite. thal 111ey aw jabs for people in Ill nib oC life . In addition, * lllted. they are c:oac:crned about mmc specific: pioces oC this onlinaDce. -being the -uansferability oC licensing. She said there is a high level oC activity from companies in their industry that -i to transfer their business and they would _. to do so fJedy. She said Ibey are also COIICCl1led for the un up or smaller businesses in that they do not ba\'C a larJC legal lld. She cited for an example that a un up business, for ins&ance a pefflWICIII placemeal business, mi&ht ba\'C -CUIIOmer .. them to pn,vide temporary help, they say auy, Ibey are -doiaa temporary belp and they can therd'Oft act their eatire business pulled bec:alllC they bad llllll filled out the appn,prmc papa wort . Ms . Steere commented thal she ipClll two boun in a meding with the City Aaoney. Sbe said they ll'C c:,oncemed Iha& in thal two !lour IIIClding she c:ontinuccl to bear that he .wid like to be Ible IO ICpU1lte out the type oCbusiness tbal Scaad-8y is c:onsidered to be in, which Ibey consider the illdusuial ICpllClll oC temporary llaffin&. Sbe IIOled that the ordinanc:c - rewritten to include a piece oC this. but ii does DOC specific:al1y ICpU1lte out iadullrial labor. Therefore, she Ued, they feel it is too bnlad and it is ping to include, DOC just 'Where the percei\'Cd problem is, but with all temporary help. Which, she pointed out. could be the office clerical, the medical help, the engineering, architcctural help and in many ins&ances people who pn,vide c:ontract labor oC any type could be drawn into a perception oC temporary help if it -gi\'Cn to the ri&ht peno11 to intelpffl this ordinanc:c . She said she is talking about the type oC people, 111th • data entry operllOrl for a pll1icular project or architects or engineen that wort OD I alllUKI bail, who could be pulled into this ordinance if it is left bnlad enouah - Sbc maintained that temporary help provides a aervice, noc only to busi-in the City. bu& it also . -• ,,, - .,. \ I r;r I . f • C I • • • Ell&lewood City CCNlncil April 1, 1996 Pase7 • 0 , . • provides • IICl'Vice to employc,cs . She pointed out that in the Denver metro llalistical area temporary help services provide approximately 16,000 jobs on an average daily buis, which is 1.79% of'the DOD- agricultural payroll. Ms. Steele reported that they are already rqulated by more than 150 1181c and federal Ins 1h11 regulale employment and they do DOI feel this is nec:aary. However, she said they are willing to wort with the City of Englewood in cleaning up the perception of any problems 1h11 may be there. (i) Gary Kozacek, 1260 West Odord Avcnue, said be bu two points to bring up tonight. One, be llaled, is the employment agency problem that Council feels like they are U)'ing to solve. He uked what Council will prove with this ordinance. He said be ~ the prablem to be vqnncy and ll'UISieots. Mr. Kcmcek DOied that this business bu been there me ,an and all al• IUddea out or the blue now this is the problem. He said they did DOI have• problem before tba1, it wu the neighborhood right behind them 1h11 all of sudden decided, and persisted to become • problem. He asked Council if they will solve any issue of that neighborhood by this ordinance. If DOI it is just 111111e more bureaucratic paperwork to be filed and they will be opening up a Pandora's box . He cited the possibility of job discrimination and asked where it is going to Slop . If somebody else comes up and complains, will Council shut them up by making another ordinance and another ordinance? He reiterated that all Council will be doing is opening a Pandora's box if they pass this. He asked Council to think about it and said be would love to bear from any Council member privately or right now IS to what they expect this ordinance to solve . He pointed out that they will just be licensing them, they will DOI get rid of them and if 1h11 is the problem then they should get rid or the problem . Mr. Kcwicck said they are not attacking the problem, but that they are putting a band-aid affect on the problem. Mr . Kozacek said bis IIOCOlld point is that be too received a letter from S. Ollema, which be maintained is in violation or the Campaign Reform Ad IS the leUer IWCs McampaignM on it. He lllbmiued the letter to the City Clerk . He opined that these people were DOI rqislen,d under the Campaign Reform Ad to be sending CN1t litenture stating McunpaignM and be contended they are violation al llale law. He said the City Clerk bu it now and the County Clerk will be RCCiving the oripul copy . Mr. Kcwicck llaled it doesn't mean 1h11 just because you are running for election and you WIii! to come up and petition or anything towards an election you IIIUll file 1h11 Campaign ltd'orm Ad, lbow wbeR your ~ comes from. who is involved with it and wbeR the expenditures are piDJ.jull like-, oae alm bad to do. (j) Ted Cobb, 1 JIOO East Marina, Aurora. said he bu been ia the ~ ~ for a long time . He DOied be WU personnel director or the May Company 1D111C time ago, ud IIIO 1111J111Cf or Winter Part ud superinteadeat or man&aiD parks. He said he fiaally pl into manqemcal coadling and beard a few complaints about eq,loyment a,enaes cbarpag too much 10 be decided to open an employment agency 1h11 wouldn't cbarF the applicanl. Mr . Cobb lllted lhey were tbe ft.-ones in Denver to have an employment agency lllat didn't ctwae the applicanl. He said lhey bad so many requests for temporaJy help 1h11 they opened an orpnizalioa called TOPS. He commented lhat it p& to be tbe bigest in this pan or the counlJ'y ud be WIS praident or their llllioaal tnde ~-Mr . Cobb DOied 1h11 be did aoc bear about this until recently , but be said he cloa DOI ra.mber any lqidatioo or this type around tbe country coming up before . He remarted lhat tbere have been a few varielia al legislllion, but aothing like this one, so be said be decided to come tonight ewn lhougb be IOld bis business tell yars ago . He advised that there are people who 1IWOl1t in the tcmporuy .,__ because they are trying to find a permanent job. He said that the latest lipres indicate tbere are close to 6,000 people -, year who are looking for permanent jobs and througb tbe tempcnry induluy lllat ftnd a penlllllClll job. EVCI)' day , be DOied. tbere are a little over 2 million people who wen........,. llld they 1IWOl1t lhat WI)' for I variety or .-s. He said they get nothing but complimenu, 11111 it is 011C or tbe faslest P"Owing busineaes in tbe country, oae al the falletl powiq aeclioal or iadullly ud lhey are IIVing companies lots or money . He said be does DOI think they DNd this kind ortq;s!Mion to slow tbem down -• ... I • • f ]- - • • • • 0 1• • E.allewoocl City Council April I, 1996 Pagel or put 111meone out of business . Mr. Cobb DOied that WIS what he WIS told was the intcDt of this particular piece of legislation . He uid he would be glad to uy to answer any questions. Mayor Bums advised that usually Council does not have questions at this point, but he uid Ibey appreciate his comments. (k) Ron Gold, 2812 South Bannock Street, uid he bas lived there for 20 years . He Slated that since day labor placcs would prefer to be c:alled industrial labor, why not zone liUCb places industrial areas like Santa Fe and be away from schools or raidcntial areas and that way that could 1111\'C many of the problems. He uid the ICCOnd thing is that he fccls the $SO or S 100 liCICIIIC fee is ludicrously low. He CDIIIIIIClllcd that he bas a small business and Ibey IIICnd far more for staples or papcn:lips. Mr. Gold llated that for 20 years be bas bad a business in Englewood and Ibey ba\'C paid hundreds of thomands of dollars over these put 20 years for, not just U.S. and State, but allO for Englewood taxes. He maintained that a day labor place pays U. S. and State income taxes, but DO direct Englewood taxes. He DOted that Denver and Aurora boCh ba\'C bead taxes on cmplo),,es . He proposed that Englewood levy a bead tax of five pcrc:cnt on each day labor worker and that way some of the expenses that such places cause can help be paid for . (I) Don Codner, 3037 West Grand Avenue, uid he works in Colorado Springs and is here tonight on behalf of TAD Resources International, which is an international temporary service firm . He DOied that this is quickly becoming a statewide issue and concern. u he is here from Colorado Springs and representing scvc:ral of the services in Colorado Springs that would have liked to have been here to talk about this. He uid he wanted to add a quick note about perhaps adding a five percent head tax. He maintained that those costs would be passed on to their clients and/or to their temporary employees. He uid that would mean either raising prices. even to the City of Englewood that uses temporaries. and also by passing it on to their employees Ibey, in affect, reduce their wages. Mr. Codner uid that none oftbcm want to do that, that Ibey want to be upstanding pans of their communities. He Slated be also wanted to rcitcratc the emcrgcncy situations. that day labor ICIVices pn,Yidc tcmporaJy cmplo)'ea to clean -• such u at the hospital . He reminded the City that temporary ICIVices arc provided. and ba\'C been provided in the put, to the Regioaal Transportalion District, and many olthole lelllpol'al)' people - inwlved in the planning and the pn,posals to the fodcral P'fflllllCDl to help with the liglll rail exleDSioa into the City of Englewood. wbicb is about to llappcn. (m) Vivian Blbcoclr.. 481S South Delaware Suect, uid she is DOI from a business in Englewood and that she bas lived here all her life . She uid she was jUII going to II)' she is jusl a citizen. but she uid she is not just a citizen. that she is a citizen o( Englcwoad and this is her finl time lpcllking here . She DOted she llnlgled with naa she wanled to 11Y toniglll and she finally decided to read the letter to the editor olthe Englewood Herald that she wrote as she feels it expraw her ICDliments the best . She read the letter. She uid she wu born and raised in Englcll'ood ud -the tnnsfonaa&ioa of a lovely park into the 1arJa1 mall this lidc olthe Mississippi River, Cindcrella City . It wu n:ally IOllldhing to be proud of. in fact she uid she pew up in Cinderella City raaming the balls as a teeaqcr, OD to shopping for her wedding dress and then OD to baby clocbes. SIie uid she allO walc:hed sadly as Cinderella City fell into decay. Ms . Babcock stated that, although she wu llddcned by the news that the mall would be tom down imtcad of rcmodcled like the creative rcvitali7.llion of Soldhglcnn Mall, Cbeny Creek Mall or Villa Italia. she rcaliml that Englewood u a community must mcM fonward and figure out what wu best for Englewood. However, she uid that she is disappointed in the shape olthe plans being pushed forward at the present time. She stated that one of her first recollections of the rq,lac:cmcnt plans for the mall wu the town aqua,e type IJelting with a clock tower, pedcltrian walkways. a small pond or fountain and some type of community or cultural arts center. She uid that DOW she undcntands that the conceptual plans include a multi-screen movie thcalcr. a Walmart, Taract or K-Man and the bladt expanse of a parking lot and a token reflection pool to signify that Little Dry Creek flows beneath this • I • • 0 f ]- • • • • t:apwood City Cauacll April I, 1996 Pqe9 • 0 I • • conception. She DOied tbal it is also her unclersaandin& tbal there an: plans for an Rm lipt rail depot stop near the tra to built between Denver and Highlands Ranch . She llid 1be is not ayiDg tbal 1be will not utilize the discount IIOR, the multi-screea tbealcr or the futuristic: lipl rail line, nor is she ll)'in& tbal a power c:mtcr is DOC a viable idea for EacJewood. ~. she -inaained 1h11 &alewood Im the cbaDce IO reinvent this luJe plot al land into ..,.....bio, U idealillic • the citmM al £o,lewuod bad bd'OR tlll1ling OYCI' tbat fira sbavel al dirt in building Englewood's dram al the futlft. Ciadcrella Cily. She poinled OUl tbat a ~ intriguing proposition bu been IUgesled in reaovaliDg the eye plcalilla ICII year old Foley's builclio, into a mcuo-widc, if not llale-widc. c:ultwal ans ceater to compliwac lllc DCPA . She llid lbe UDdcnlaads dial the citmm al Englewood would not be cxpeclOd to carry dlis endeavor in llllal, nor will the ceater be for the people al Englewood Clllirely . She llid * ai. underandl dial intaell in the c:ultwal ans is powing again aationwidc and the ._. al aaolllcr c:ultural ans ccatcr in the meb'Clpllli1a11 -will 1111111 defiaitcly be in the future . She allied if il will be ia our future, will we be the fira to act on lbisopponunily, an: we tobe proud of our Wai-! orourTarpl or our K-Man. She asked if the builclio, al lbeae big boxes will increase the standanl al living in Englewood or incrcue the property wlues or an: we to look ahead and plan for the fulures al our Englewood children and grandcbildren and III on. She llid she believes these conccptual ideal al a power center and a c:ultural ans center can coexisl witb one aDOtber and Englewood can bn:llk tbrough inlo the year 2000 and further witb financial case and intqrily. Ms. Babcock implonld the citmns alEaglewood to look forward and build on more tban a dram al a dilCOUlll llO~. She encouraged the citi7.CIII IO write to their council members and the editors al their newspapers. to speak out and let it be known tbat their opinion counts. She llid let tbem kmw dial we want more tban a big box power center, wc want something tbat we can invite the citmns al Cherry Hills to and Highlands Ranch. Shericlan, Westminster and the enti~ meuo -and beyond. Ms. Babcock -ncd tbat wc want anocher dream for the future, wc want to be proud of our cily apin. (D) Sandi Ollcma. 2143 SOUlb Grant. llid tbat she just briefly wanted to remind Council al all the people ~ wbo ~ u issue witb the IClllpOl'II)' labor bill and to remind Council wbo brought these people ~ wbo CRllal this mas. She ...S she is DOI going IO justify her ac:liom became she docs not ~ to. but she WUled to remind Council tbal it was the inac:liom and ac:uom al oac al our .-,-en& leaden 1h11 brought all al Ibis IO die 1111d tbal ii is tbal crared the tcmpOnry bill . (o) Mary Wallll. 3242 Soulll Elali Slrecl. llid tbal she lllbd to a couple alpeople IOdly and she lltcDded die plauilla ..ung taaipl 111d IO -alber feelinp ~ cbu,ed a bit since Ibis 8*11ing. liowewu. 1k 11111111111111k WM. like die Equitable compuy, sbocbd IO bear !bat all al a IUdden the plaM -dlallainl beclule lint MCks ap on Mardi 11• the Council bad endoned procmding widl die plaM by a~ al six IO ODC . She poinled OUl tbat -all al a IUdden everythio, is or wu kind al doMI the Ula. Ma . Walsll llaled sk llally bclicwa Ibis is by a~ small but wlUClllial group al people dial caulld dais ClOIIClffll. She llid * docs fed tbal pnallly die -.,ii)' al die citmlll al Englewood prd'cr IO go alllld widl the cle\>ellJll•DI • plaalled. SIie advilDll 11111 Ille is pcllllllally oppc..i to a lluF c:ultwal oemcr mainly beclule Ille docs .. dliak die Cily al Eap,ilOlld can don! it She said she cuaot UDdcraud bow a City tbal W --, die comeewic#ionl 1Y11e1D for the Fire and Police ~ or donl IO buy a fire tnlC1 witboul a lax U1C1W. call -Clllllpl'dlead waDling to ~ a c:ultural OCD1Cr tbal they tbim they can IUppllff. Ms . Walsh llid tbal after llllriDg dais .-ing toniabt she is in mar al going ahead widl the plan befOR the deadline al April Jo* 111 tbal -do DOt lolc evcrytbing dial we ~ bad III far. She DOied 11111 Ille lft9 a W' a llloc:t 6-Ciaderella Ciiy and bis box. buildings or wllal, she said abe feels dlcy ..ad be far, far bener for....,._ dlu a mo«Nwlled sboppiJII center sitting along Sanla Fe and Hampden A-. She llid she allO feels tbal -an: not going to ~ a lot al cboica. we an: going to ~ light rail and they ,nn, their planl in by May . SIie llated she docs DOC tbink we can diak around 111d lab a ...,.. Wit or a poll Wit al cwiy citizen al Englewood . Ms. Walsll llid sllc tlwlU Council was clecled as ...-atiws al the Ciiy and it is up to . -• "' - I· • 0 ' - • • 0 I • • . . Eastewood City C..CII April I, 1996 PqelO CGuocil to make I decision 111d to go ahead with the originll plans II W three weeks lgO whicb WIS to go ahead with the liilllllion II it WIS. (a) A pmclarnarioo declaring the month m April, 199611 Fair Housing Month in the City mEnglcwood was considerod. COUNCIL MEMBER BABENICBT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMADON PROCLAIMING THE MONTH OF APRIL, I"' AS FAIJl ROUSING MONTH IN THE CITY OF ENGLEWOOD. Motion carried. Ayes: Council Mcmben Halhaway, Vormiaag, Wigins, Hallcaidlt, Waggoner, Clapp, Bums Nays : None (b) A p,oclarna!ion cleclarina April 11, 199611 Submarine Day 111d the week m April 7 through April 13, 199611 Submarine Week WII comidered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMADON PROCLAIMING APRD.. 11, I"' AS SUBMARINE DAY AND THE WEEK OF APRD.. 7 THROUGH APRD.. IJ, HM AS SUIMARINE WEEK. Council Member Halhaway COlllllleD!ld tha! she kmws Enpewood bas ID awful lot m Navy W1eram in the City mEnglcwood. She llid Ille cloa not kMw how maay me lUbrnarine vctcrus. bu! there arc a lot m Navy wtcrau in Englewood. Motioa carried. Ayes : Council Mcmben Hadlaway, Voralaag, Wigins, Hallcaidlt, Wauc,aer. Clapp, Buras Nays : None (C) A pmclaw«ion declaria& die week m April 14 duwp April 20, 1996 11 Nalioaal Libraly Week in die City m Eqlewood w Clllllidenld . COUNCIL MEMID BABINJCBT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMAnoN PROCLAIMING THE WEIK Or APRIL 14 THROUGH APRIL 2t, I"' AS NA DONAL LIIRARY WEIK IN THE CITY Or ENGLEWOOD. Motioa carried. Ayes : COUIICil Mcmben Hadlaway, Vonaiaag, Wigins, fflbenicbt, Wauc,aer, Clapp, Buras Nays : None (d) A pmcla!Nlion declaria& die wect m April 14, 1996111n1up April 20. 199611 Englewood TdeclOlnmunicalon Week in die City mEqlewood w CDMidered. COUNCIL MEMIER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMADON PROCLAIMING THE WEIK or APRIL 14, 19" THROUGH APRIL 2t, I"' AS INGUWOOD TILICOMMUNICATOltS WUK IN Tim CITY or INGLIWOOD. Ayes : Council Mcmbcn Hadllway, Vonliaa&, Wigins, Habalicbl. Wauc,aer, Clapp, Buras .... I' - • . I . • 0 I 2 I - - • • • Ea&tewood City CaucU April I, 1996 Pqell Nays : Nooe Motion carried. • • (C) A proclamation dedarillg Friday. April 19, 1996 • Dori Nmrmta Day iD Ille City m Englewood ns Qllllliclered. COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE A PROCLAMA110N PROCLAIMING FRIDAY, APllIL It, I"' AS DORI NAZAUNUS DAY IN TIIE CITY OF ENGLEWOOD. Mayor Bums adviled lhal Ms. Nammus will be boaored at a apec:ial recepCioa. lpOIIIOl'ed by Ille Chamber m Commenic. oa April 19, 1996. Motion carried. Ayes : CGunc:il Mcmbcn Hathaway, Vormiuaa, Wigins. Habeaicbt, Wagoner. Clapp, Bums Nays : None 9. ..lllkBcaria& No public bearing -ICbeduled w-Council. 10 . c-t Aamda MAYOR •URNS REMOVED AGENDA ITEM 10 (a) (Iv) noM TIIE CONSENT AGENDA. COUNCIL MEM.IR HATHAWAY MOVED, AND IT WAS UCONDID, TO APPllOVI CONSENT AGENDA ITEMS II (a) (I). (II) _. (Iii) ON PlltST HADING. (a) AppnM oa Yum Radin& (i) CONlllACT W111111MBERLINE l!LECTRJC IN 11IE AMOUlff Of $21,111 .60 FOR PURCHASE Of PHASE m Of 11IE SCADA SYSnM FOR 11IE AU.EN FILTER Pl.Am'. (ii) COUNCll. BD..l. NO . 23, INTRODUCED BY COUNCIL MEMBER HA1HAWAY A BD..l. FOR AN ORDINANCE APPROVJNO SUPPLEMENT NO. 1211011IE SOlmKiA'IE SANITATION DISTIUCT CONNECTOR'S AOREEMElff W1111111E CITY Of ENOLEWOOD, COLORADO FOR 11IE INCLUSION Of LAND WITHIN 11IE DISTIUCT BOUNDARIES . (iii) COUNCn. BD..l. NO . 22, INTRODUCED BY COUNCll. MEMBER HA1HAWAY A BD..l. FOR AN ORDINANCE APPROVJNO A MEMORANDUM OF AGREEMENT FOR TCJ OOVERNMENI' ACCESS OIANNEL I, BETWEEN 11IE crrv Of OIERRY HILLS VD.I.AOE. 11IE crrv OF GREENWOOD VDJ..AGE, 11IE CITY OF SHERIDAN AND 11IE CITY OF ENGLEWOOD. COLORADO . .... • . ; I . • 0 , 2 - - • • 0 • h&lewood City Cauacll April I, 1996 Pqell Motion c:arried. Ayes : CGuDcil Members Hatbaway, Vormiuag, Wiggins, Hallcoicbt, Wagoner, Clapp, Bums Nays : Nooe (iv) A n,commcndllion from Ille Office alNcigbborbood and~ Development to adopt a biU for an ordinance and to Id a public bearing to plber input from citizcm and businesses regarding amendmcou to Ille Pluned Unit Dewlopment mac: dillric:t leClionl oldie Comprehensive Z.Oning Ordinance wu COlllidered. · The City C1ert was asked to rad CGuDcil Bill No. 19 by title: COUNCll. BILL NO. 19, INTRODUCED BY COUNCll. MEMBER HATHAWAY A BILL FOR AN ORDINANCE REPEALING 1111.E 16, CHAPTER 4, SECTION IS, ENTllLED PLANNED DEVELOPMENT DISTRICT OF 11iE ENGLEWOOD MUNICIPAL CODE 191S AND ENACTING A NEW 1111.E 16, CHAPTER 4, SECTION 1S, ENTllLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (Iv) ON FIRST READING. Motion c:arried. Ayes : Council Mcmben Hathaway, Vonnittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBUC IIEAIUNG ON COUNCIL BILL NO. It FOR MAY 6, I"' AT 7:JO P.M. IN COUNCIL CHAMBERS. Motion c:arried . Ayes : CGuDcil Members Halbaway, Vormiuag, Wiggins, Hallcoicbt, Wagoner, Clapp, Bums Nays : Nooe 'lllere were DO additional items for approval OD~ reading. See Agenda Item 11 (b). 11 . O...._.P ldwiwlM ...... (a) Approwe on Fi,. Rcadin& (i) Dinc:tor Grypewicz prllCDled a recommendation from die Depar1mal al Financial Servia:s to adopC a bill lor an ordinance Cllablishin& licemina ..-u for 1C1DpOn1y employment llfflCicl in Ille City al l!apwood. He advilDd that be ii Ille Financial Ser\'ica DiNCIGr ud liceDlina afflclcr lor Ille City al Eapwaod. He aid City llaff" bas mel widl lllpf Niwa 11am die induluy, • well • the Cbambcr al Commcrec OIi this iaue and uft' would mxnmeet approval M dlil lime. I· • 0 '32 x l • • • Eqlcnoll City c-.dl April •• 1"6 ... 13 • 0 t • • Mayor Bums qucllioaed City Aaorney BRIUIDID repnliag tbc iaue rl IIOll-uansfenbity. He lllied if that laue CID be .......... Mr. Bnlll.mlll ldviled that it caa be addreaed, thll Aaorney Tom Rqoaeai m put ill a aeclion repnliag tnmrenbility rl licellle ill his leacr wbicb could be Rbllituled for tbc CUll'Clll lanpqc under trllld'enllilit. He llid dial lec:tioD ii very llimilar ID tbc ainmt paWlllbap ordinance. He llid tllere ii I ..... fee, tbcle is ...... idealiRc:aliaa . Mr. BlatzlmD ldviled dial be tbinks tbc real concera 1111 this iauc will come up clurin& aay 1111d .. iauel tbal may be amiq iD tbe tidwe. He llid dial tbal is ftlR it pnillably llloulcl really be addnaod • dial time, bowewl' C.ounciJ CID lllllllitule tbe laDpap fnllll Mr. ~'1 leacr ID addllll 11111 lftlley wam to. Mayor Bums llbd if City Aaomey Bw is IIYilll dill be ii OOlld'ol1allle witll 11111. Mr. Bnlczman llid dial ii tlae. City AIIGl'My 8w llllllll 11111 lie would lib to addrlll aa iaN dial W11 bnlupl up artier 111d dlll ii 11111 tbe City was addlmiq I apecific bulinea. He llid 11111 is aol IIIIC. 1'llal ill tbe mCliq witll tbe iDdulby wbal they did dilc:ua, and wbal WU bnJuabt up by Stand-By'111k11My. dlll time Mr. Levin, W11 to addrlll tbe apecific pnilllem OIi that lite. He llid 11111 is wily tbe GIiiy bl!lf c I I dial will wd to ablaiD a licellle will be tllolc tbal ope111e at a central loc:atioD .._ day llbonn aaemblc and 11e dilpllebed to wk. Mayor Bums llid tben in other words tllele 11e other temporary busin:vu tbll 11e DOt dilpllebed 1h11 way, or DOt bandied dial way. City AIIGl'My Bw llid they did DOt ID filr a c:lw desiparion. • UUlctoa did, • to iDdulUial llbonn wraa other typa rl laboras. He llid what tbll meaa ii if-11111111 lie dilpl!Cbed or operate fnlm I central localiOII dial company would have to pl I lelllpOIU)' aervica licellle. He llid tbis ii DOt c:lw blled or type rl wk hued. it ii to addrlll a apecilc pnilllem wbicb they feel tbis lanpqc addreas. He advised 11111 It ii aclUllly set forth in tbe whereas pnMliOIII rl this onlinancc elllblilbin& wily this licellle ii aecaary. Tbe onlinaDce, lie llid, allD alklnael die fact 1h11 die City allD 1llldemandl tbll tbis Is DOt a lOlldioa to die ealire prablem, tbll 1IOIIUII and licealula iauel 11e IOiDI to be COlllinued and enf'orcamnt iauel 11e IDinl to be on-going. Tbe City Clerk was llked to read Council Bill No. 5 by title: COUNCU. BD.J. NO. 5, INl1lODUCED BY COUNCll. MEMBER HABENJCHJ' A BD..l. FOR AN ORDINANCE AMENDING 1'111.E 5, OF 'DIE ENGLEWOOD MUNICIPAL CODE 1915 Wl1H 'DIE ADDmoN OF A NEW OIAP'l'Ell 13, ESTABLISHING LICENSE REQUIREMENI'S FOR 'IEMPORARY EMPLOYMENI' SERVICES IN 111B CITY OF ENOU!WOOD. COUNCO. MEMBI.R &Aal:NICBT MOVED, AND ff WAS SECONDED, TO Afl'llOVE AGENDA ITEM 11 (a) (I) • COIIJIICO. alLL NO. 5. Council Member Vormiaa, llid lie a. a.--lboul tbe wanlina for illdultrial. He llbd wily can't tbcy put tbal in die COUIICil bill. City Aaoncy 8nllzman llid ,-i cu. cxe,ep1 ifwllll Stand-By is ayina ii true. M draw that many people fnllll our comaaity, die decision wa made DOt ID di&reaiMe .... white collar Mllllerl llld ... collar ...... He llid .... ii wily tbcy did .... illdultrial. He llid Council CID dlallee dill if dley Ullc, ad die City CID fta ... Lillleton'I deftllitioM, ilowewr tllere waa COM:iausdbl -*eo • _..,claa ........... . Mayor Burlll lllied die City Aaone, lrlll ii.,... ....... ii ................... , ... make-up ii concemed. City Aaone, 111W ...... lllll IIC .._.. ii ii -fair IO-c:iliaa. Council MemberHadlaway ........... 111 ........ tllll ii~ ........ . percelwd and acc:wed ODlllic:1 I'll-. • .w be ....... fnllll dlil ....... Cl ' I . • - - • Eqlewood City Ceuacil April 1, 1"6 ... 14 • 0 1, • MAYOR BURNS MOVED, AND IT WAS SECONDED, TO SU8S11TllTE THE PARAGRAPH ON TllANSRRAIHLITY OF LICENSE FROM TRI Ll'ITER FROM THOMAS RAGONETI1 TO DAN 81l01'7.MAN DATED APRIL 1, 1"6. Mayor Burns lderred Council to 5-13-4 of die onli..x OIi P1F tine• die tap Clllided MNON- 11lANSFERABILITY OF LICENSE .-He aid die aaticlll ..ad ...a die ordilllDce to tad ~ILITY OF LICENSE". He 11111 dlil--oldle priDcipal CIIIIICICl'III cxpleaed tonight and be felt this would cme 11111 pnilllea. c:a.cil Member Habenicht ldvised 11111 1k CWlll lllfllllll die 1 M lllil pmtiadar poiDI ia liae. SIie llicl she undermnds lhlt it is I..,_ ID I ..... 11111 ... 1k lllled ... it widl City AllllnlC)' Bl'CIIZIIIIII previously she -_... ... it is ..ily • -,. llllt it is • ,.,.,....bing we do widl -of the Olber ordinucel dill tlley-dDills ill tllis W will. SIie wli!Mai_, tllll it is DOI • exodlitant roe and • die City is 1oo1wra • .., o1t11m 1aaa ill die,....• loalmta • - mds of mning things ia the ftdwe she felt ii would be 1llaer IO 111b this up Wider 11.IDIUIII iauc l'llher lllln Wider this licensiq iauc. She aid this is die -Ille will DOI aippon die 1Nn tmen1 . Council Member Wagoacr llicl lhlt • --lhlt tbe cuaiJI& onlinucc allows for uan F ability, you jull U\'C to follow pn,cedwe. He llbd iftllll is tnle. City Attorlley BrulDlln ..._. thM tlleR is I wry apec:ific loophole to lhlt one OIi 1F11 sqillnlioa. but lllllic:ally )'OU would U\'C IO rHl!lilter. He aid if you simply aMld to a di&lenl locmoa )'OU would me IO ~. if you 1111d yaar -- )'OU would have to re-,qilter. Mayor Burm llicl lhlt be does DOI think there is rally that much of I <lOIIIIOClioD ._ die laming and 7.0lling on this isaie. City Attorney Bl'CIIZllllll ldvised that will come up if the City prollllill oenain typeS olbltsfnnm lloag 8niedway 111111 this is one. llld there is 1 ~ty ma.-. ill tbe zoning coatcxt the paadf'ldlcriq dlla comcs ia oa wbedlcr you can aell thM busiMa or • -it becomes I ~ W . He aJa111C111AX1 thM it rally is I 1111d W pniblem ud if it is .. addreued here it would ca1aiDly be addleaed ia uy mning iauc tbM ii broupl bdn c-il. Mayor Burns llbd thM iallibits die -of this ........ City AllllnlC)' BIOIZllllll 1111111 11111 tlley can use either puagnph -ud 11d' ii ICIUllly mxewndi• the puagnph lhll is Cllll'llldy ia die onlinlnce be uNd. ~ty. He aid lhll Council can dlu,c IO tbe adler-ad it will .. inhibit the 1111d use procca 11111. Vote naltsoa Ille _d_.: Ayes : Nays : Abstain : Motion def'eated . Council Mcmben Vormillll, Wigins. Burns Council Mcmben Habenicht. Wqaoner, Clapp Council Member Hllhlwly Council Member Habenicht SIited 1h11 she Mated to cluify. eapec:ilUy ror the IUdicacc, tbM tlleR is ontbina in here in 1e11111 of boun of opaation . Mayor Burns llbd if 1h11 WIS ia ID earlier drift. City Attorney Brotzm111 llid that bu ncwr been in the onlilllllCle . He commeated lhll llc naciced. ia -i of the letters Council received. rcf'erence to ID hourly replltioa. He pointed CIUl tbM there his IICWI' been ID hourly regulltioa in Ill)' of the pnlpOIOd ordinances. Mayor 811n11 llicl lie -111d that City Attorney Brotzmlll clarified lhlt. Council Member Habenicht llicl she foels it is impoltllll lO lllle for the record, eapec:ilUy • 111c bu inlJOduced the piecc, lhlt IO lier k-ieqc there is IICll 1111)' motiVlbOII Oil the part olanyaac OIi Council , to slow down tcmpOrViel or put u)Wy out olbusinea. Mayor Burns .. ted that is an &lCUlltC .. - ,. - • . I· • 0 ' - - • • ,-• 0 - • EqlewON Chy c-il April I, 1"6 ... 15 Clllllllllelll. ud lie ii &lad Ille aid 1111111 be does DOI dlink anyone here WUIII IO put tempon,y h11111111sincn - out mllllli-. dial dial ii aot Council's abjeclivc ll all . Vite realll• die..._ .. ..,._ C-8 N No. 5: Ayes : Council Mcmben Wigins, fflbeaicbl, Wagoacr, Clapp. Bums Nays: Council Member Vormiaaa Al!ltaill: Council Member Hadlaway Motion curiod. Mayor Bums CODUIICDled 11111 Council Bill No . 5 1111 Nell approYed OD ftm nading and tberc will be a ICIIXllld nadin&- (ii) DircclOr Oly&lcwicz prCICDted a raxwnmendati9n from the Dcputmeot m Financial Scrvicles 10 adopl a resolution apprvviag a aipplemental appraprialion m funds f'ar 1995. He advilCd that ll the end fltllc fiscal year when WC start the clolin& pnJCelS WC pncralJy address Council with 110111C m the budgets that -ao1 appropriated due co unforeseen -ts during the year. He said that the resolution Council is ClOl!lidering appropriales monies for thole -ll. Mr. Gryglcwicz explained 11111 buically the resolution amends the General Fund $142,000, the Donors Fund $22,000, Paving Dillric:t 33 $5,000, Paving Dillric:t 34 S 10,000, and the Volunteer Firefighters Pension Trust Fund $17,000. TIie resolution was assigned a number and rad by title : RESOLtmON NO . 41, SERIES OF 1996 A RESOLlTTION AMENDING 11IE APPROVED 1995 BUDGET AND APPROPRIATING MONIES FOR 11IE CITY OF ENGLEWOOD, COLORADO. COUNCR. MEMaER BATIIAWAY MOVED, AND IT WAS SECONDED, TO Al'PROVE AGENDA ITEM NO. II (a) (II)· llUOLUTION NO. 41, SIEams OF 1"6. Malion carried. Ayes : Council Melllllen Hadlaway, Vormiaaa. Wigins, lilbalid!l, w..,_.: Clapp, Burns Nays : ~ (iii) AailtaDt Fire Manllall 0-p,aealOd I IICOIDIDCDdaliOD ftam die Department m Safely Scrvic:el IO adopl I bill for U ordinua: amcndiD& die appeal procell for BuiJdiaa Licenles. He cxplained thal wllal 1111 trllllpired ii dial there WIS U mc:idem ... year nae die municipal ClOdc WU DOI ieal clear • IO llow IO dial with, lplCillc:ally, I buildiq CODlnCIOr tioalae, die rewcation or IUlpCllliOD m it, and dicn the ....... appeal procell thal lbould be IWillble IO dial COIIU'lc:tOr co appeal a lUlpelllion or m-oc:adoa . He advilell lhll the eouncil bill cleans up 101DC mdle lanpqc, e.a bc/sbe. It also autborim a C1licf Builclina Offlcial for die HP rnlliom, mocatioa and for boldiDa thole bearinp. Mayor Bums aid 11111 it IDCIIII IO be a CODlln!cli~ onlinancc., it cliueel •lieenlina afflcer" to "lluiJdin& official ." He CODUIICDled that it ..... a muc11 bcacr way r1 lllina lbout die prucas. TIie Cily Clcrlt wu ukod to rad Council Bill No . 20 by title : COUNCn. Bn.L NO . 20, fNJ'RODUCED BY COUNCn. MEMBER HA111AWAY I . • 0 I l' J , -• 0 , • • Ea&lewood City CauncU April I, 1'96 Pqel6 A Bll..L FOR AN ORDINANCE AMENDING TJ11.E .5, OIAPTER 7, SECTIONS 3, 11 AND 13; AS WELL AS TITLE I, OIAPTER I, SECTION I, OF nm ENGLEWOOD MUNICIPAL CODE 191.5 AUJ'HORIZING nm CHIEF BUILDING OFFICIAL TO SUSPEND OR REVOKE CONTitACTOR LICENSES AND CER'ImCA'raS OF REGIS11tATION UPON VIOLATION . COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill) -COUNCll. aD.L NO. 2t. Molioa curied. Ayes: Couacil Memben lfallulway, Vormiaaa, Wigim. Habenic:bt, w...-,. Clipp, Bums Nays : Noae (iv) Direccor Fonda praented a l'!'QO!Dmcadalion from tbc LittlelaalEDglewo WIIICWller Treallllelll Plul SupcrvilDly Comminec 10 appn,ye. by molion, repairs to an .....-c: digester cover at the Plant. He said theR are four dipsten. two are in good repair and two need to be repaired . One is going to be fixed under Pbale lb, bul they felt it -urgen1, lime-wise. to Ft one more repaired Ill that they ~ three openling digalell. He said they felt the bids -good. they bad • good duster of'bids and cwn though they were a little higher than tbc cnsi-1 alinmc they recommend that tbc City go ahead with tbc -t. Mayor Bums asked if tbc extra ftmds are available from tbc IICWCI' fllnds for both cities. Mr. Fonda answered yes, through tbc fund balance and be docs not beliew we will rally exceed tbc buqct for tbc Bi-City reprdlcss. c.ouncil Member Habenicht asked if this digester COYcr ever bas anything to do with the odor llituaooas. Director Fonda seated be IDtllCWbat doubU it. He aid be is not saying it abmlutcly wouldn't. tbc _. is flmctioning _., but it ClCIUld fall apll1 anytime IO they want 10 pt it fixed. Ms. Habenicht tllbd if it ClCIUld then affect odor. Mr. Fonda llaled be Ml 1UR it MUl4. Mayor Bums tllbd about tbc lenglll oldie~ period ifdlcy p die ID allead. DinclGr FGada aid be felt it -W IMC four IO lix _... He added dial dlcy __. to do it iD advala of Pllac lb and tbc other COYcr will be fixed. pan of Pllalc lb. c.ouncil Member Vormiuaa tllbd llow long this -CIIMI' will ... for S.500,000 . Direclor Foada explained that when they Fl all ar al tliea doac tlley lboulcl ID for 30 to 40 )'CU'S. aa)ilc IIIOR. COUNCll. MEDER WAGGONUI MOVED, AND IT WAS SECONDED, TO AnllOVE AWARDING THE DIGarat COVEil UPLACDDNT CONSTRUCTION PROBCT TO DOGAN CONSTRUCTION COMPANY, INC., IN TBE AMOUNT or W7,1441. Motion curied. Ayes : Coucil Mclllbcn Hadlaway, Vormiaaa, Wigins, HabC11ic11t, w...-,. Clipp, Bums Nays: .._ (b) Approw CID Secmd Reading COUNCll. MEDER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (I)· ORDINANCE NO. 12, SERIES or 1"6 ON SECOND HADING. (i) ORDINANCE NO. 12, SERIES OF 1996 ( IJffllODUCED BY COUNCIL MEMBER HATIIA WAY) •. I . • 0 , I - • • • Ea&lewood Chy C•acU April l, 1996 Pqel7 • 0 I• • AN ORDINANCE AlTJ'HOIUZING AN IN'IBOOVERNMElff AL AGREEMEHJ' BETWEEN nm STAn: OF COLORADO DEPARTMENT OF HEAL11f AND ENVIRONMEHI', WAn:R QUALITY COl"lI'ROL DMSION, nm CITY OF LITl1EJ'ON AND nm CITY OF ENGU!WOOD, COLORADO. Ayes : Council Mcmllcn Hadlaway, Vonaial&, Wigias. Habeaic:bt, Wagoner, Clapp. Burm Nays : None 12 . GeMrlll DiKallioa (a) Mayor's Choice I . Mayor Bums thanked cwryonc for their puticipatioa in the discuaior IOllisbt, apecially about Cinderella City, IOlli&bt and 11rF Council IO IIIOYC abcad and make a decision next week on cxacdy bow we are going IO proceed with Ibis. He Aid be thinks Council wiU have -mon: help with dial in the meantime . (b) Council Member's Choice (i) Council Member Halhaway : I . COUNCIL MEMBER IIATIIAWAY MOVED, AND IT WAS SECONDED~ TO PROCEED WITH A RETAIL ENTERTAINMENT DEVELOPMENT, WITH AN RTD STATION AS A COMPONENT, or APPROXIMATELY ........ SQUARE RET ON WHAT IS COMMONLY KNOWN AS THE CINDERELLA CITY SITE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO T.ULE TIIAT MOTION AND WAIT FOR STAFF, ,OR 1BEIR TWO WEEK REQUEST TO PUT TOGETHER THE ACTUAL DESIGNATION or TBE CONCEPT. Ayes : Council Mcmllcn Vonaillq. fflbcaic:bl, Wqgoner, Clapp, Bums Nays: Council Members Halhaway, Wigins Molion carried. Mayor Bums commented dial the motion canies and Council will await fllr1ber infonulion from 11d' and next week we will pn,ceed fiuther on it. 2. Council Member Hllhaway requested an updalc from the Houlina AUlbority, wblcll -owns the property on the 3400 block ~ Souch Sbennan Street. u IO wllll their ac:tivitiel are became they have boen doing -palling and -other type ~ activities . She said she MUld liu IO kmw wllal they are procooding with or wbal lines they are pn,ceeding with. Mayor Bums offered IO fill her in oa dial situation . He said dial be did noc make the ... IIIICUIII ~ the Housing Authority because be -al the DRCOO dinner Ila Met. Howewr, the Houliq Authority inlcrviewod the Mek before prapaaal an:hitec:U IO delip ielidcalia1 -for dial lite. He said they ldcctal an an:hitoctunl ftnn and be tboupl they ldopled the Clllllllacl 11 ... Met' 1 llllllllliq. He said be wu sure Council MClnber Hllhaway could Fl a copy ~dial and illquire fllr1ber ~Paul Malimwm. - ,. - I . • 0 , - • Eastewood City Council April 1, 1996 Pase 18 • 0 • 3. She commended Community Services Coordinator Joyce,-for having to put up with what she considered to be probably the bigcsl amount al paffiti since they bit the big aeigbborbood down mulh . The graffiti being on lhc Gothic marqus oa both sides. Ille badl olall olthas prapenies. the apartment building upper layers and IIIOll al the billlouds ill the 3200 block of South Broadway. She lhankecl Ms . Panons for her dili,encc ill uyiDg IO• lcall pl the -.,.ii)' al it cleaned up . Ms . Hathaway noted that the marquee is DOt cleaned up yd. but ~ praeDIS a apecial pn,blcm. (ii) Council Member Wiggins : 1. He noted the Study Session agenda indicaled that the City Aaarney -going to talk about the resolution terminating City paid health inlunDce for members al Ille Eapewood City Council . He said he thought that Council Members -DOt eligible and it -killed and -available. City Attorney Brotzman explained that lhese things all appear in Council's baDCllook and that wu aDOthcr recommendation simply to take that out of the bandbook . Council Member Wiggins agreed they should get that out of lhcre because they are DOt entitled to it. they are DOt City employees and it is misleading. Although, he commented, he understood that if they wished to pay the prices they could join in on the plan. City Attorney Brotzman said that is correct and that it is still an option. 2 . He said he was sorry Ms. Walsh left because he never saw a lady with so much insight in his life, that she knows what is going on around here. He stated wc are DOC the City that is going to put in a Neiman Marcus around here and wc need to move. He said. just as he said last week, here Council is putting the brakes on Ibis thing wanting to kill Cinderella City. And he said he can read right from the letter and he commented that he docs not know how lhc res& of Council can't read it. He pointed out it says in lhc letter from Equitable that they are very concerned about pulling a potential delay on concluding the qrec:menlS and if the City docs DOt work with Skip Miller they are going to walk right out on us. He said he can sec what is going to happen. they are going to molhball it or lei it sit lhcrc and we won't have anything . He stated they are in shock over the repon, it llletCbcs back to three yean that wc have been on Ibis thing. Reading from the letter, he said that with the enc:ouragcmcnt al the City Cindcrmak has facililated lhc clcpanurc of 1e11an15, undcnakcn cnvironmcnlal invaliplion and remediation and incurred lcpJ recs for preparation and review ol documents and IUstaiDed other out of pocket cxpcnscs in responding to requests by the City . Mr. Wiggins said that on the last page it says that they have reached an agrccmcnt in principal on c:onvcyance of rcdcYelopmcnt . He pointed out that that is what wc told them on January 1 • when wc were lalking and hit lhc bi& -thing. The letter stales that the City 's apparent readiness to back away is unconscionable and the mwi-nt ofMillcr-Ki1cbcll has been a key inducement in Cindcnnak staying on course. It also says that the bigh probability of succ:essfully redeveloping the property • thus allowing the exit wc desire, to a greater unccnainty than they can toleralC . Mr . Wiggins said in other words it is unacceptable to Cindcrmak and he said he can sec what is going to happen . Mr . Miller is going to walk away from Ibis thing because they are DOt going to put up with it. they can go out and do business someplace else . He said be would DOC blame lhcm at all for walking away from it and when they walk away from it there wc are. He cmpbasiud that wc have that thing sitting there and wc have noching at all . He commented that it just boggles bis mind that the res& ol Council docs DOC want to do anything with this. He said they are going to sit here for 30 days, 60 days, 90 days for a planner to come in and tell us . He pointed out wc have been doing Ibis for three and a half )UR. Mr . Wiggins said Ibis just disgusts him and he wished Council would get their act together and p1 this aoing. He said he is just sick about when: wc are going on this thing. He said it would DOt swprisc him at all if it falls on its face after all the work that has been done. Mayor Bums said he understands Council Member Wiggins frustration. but be did DOt think Council is uying they are going to mothball Ibis thing or llop this development at Ibis point and be said be is DOC going to do that . . -• D I . • , - • • - • En&lewood City Council April l, 1996 Pace 19 • 0 I • • (iii) Council Member Clapp said she wanted to make -00-11 regarding Cinderella City . She IWCd she does no( think Council is stopping it. she said she thinks Ibey are just laking -cautious steps at this point being we are IIIOYing towards CODtnCIS and coacepts. She aid she thinks it is very pnadent oa Council's pan to make llll'C that they unden1and wbal we are IIIOYing forward with . She said she thinks that is all they are doing at this point. but they are ddlaitely IIIOYing forward . Council Member Wiggins said be ue bapes she is right. (iv) Council Member Wagoner: I . He said be bad a question for the City Attorney. He commented that Council keeps bearing about the things that Council Member Hathaway did or basn 't done and it keeps coming up at just about every Council meeting. Mr. Waggoner noted that Council bas even authori7.ed an investigation . He said bis general question is, and his feeling is, that there is noc a thing that Council could do if she broke every rule on the book. City Attorney Brotzman concuned and said the only way to fix this would be a recall . Council Member Waggoner said that that is up to the general public and there is no( a thing Council can do. Mr. Brotzman said that is correct . 2. He noted that there are some concerns among the employees that the retirees or the ones that are going to retire will not, as in the past. be able to prevail of the City's group insurance prognm. He aid be knows there are some retirees that are on the program already and it is his UDdentanding that we are now denying or getting ready to deny those that are going to retire that availability or balth imwance . He stated be would like to get a repon on that . (v) Council Member Habenicht : I . She said she bas bad several citi:zen phone calls, Mrs. Walsh --ortbem, iD -or Cinderella City . She advised she bas bad a number of other phone calls that have at or expRINd the other point or view in terms or looking at what we are doing with the future or that site and beiDa wry, very careful and cautious with it. She noted that mme or the people reminded her or Trolley Square and how Council didn't listen then when pc,aple came forward and were queslioaing things. 2. Sbe said she has bad several calls on the resolution Council passed incrasing the water rates, over the improvements that we will be making at the Allen Plant. Ms . Habenicbl noted that she bas been able to address most of the calls based on the public bearings that we bad and a lol or the information . However, she stated that one person did talk about the City being a little OUl or p1me with our communications within the City. indicating that there -still time for input and the resolution bad already been passed . She said she just wanted to dnw that to everybody's aaentioa. She commented that things like that slip through the cracks ~mes and at the same time she said she just thinks~ should be cognizant of that and looking at that for the future . She aid that is a difflcult one to respond to . 3. She advised that she did receive I very lovely letter from Englewood citiz.en Jane Schnadreallerg who was commending Council on the actions that they took concerning the water bike and how Council proceeded with it. She said Ms. Schnackenberg also indicated that she was pleued to aee that the City would be making thole changes and she also bad I few comments about Cinderella City . Ms. Habenicht noced that she would provide the other Council memben with a copy or the letter . She said that beca111e it was a letter addressed directly to her she would no( be introducing it into the record, but she did want to share the information . -• ,- 0 I . • 0 ] - • • Eaclewood City C1111acil April 1, 1996 Pase20 13. City Muaser'• Report • 0 I • • (a) City Manager Clark said that last week we bad Senator Blic:kclllclerfer and RcpracnlAIM Knox ~ and oae al the imB they talked about -the penoaal praperty tax exemption. He said the tum uound time -wry good on this. and between Assistant 10 the City Manager Once and .,_ al the Litdccon llafl" they bad a \'CrY brief" meeting on this last Friday afternoon with the South Metro DaMr Chamber crowd . Mr. Clark banded out the information as 10 the atimated impact this exemption would haw oa the City al Englewood, wbicb be and Financ:ial Scrvica Director Gryglcwicz reviewed this morning. He said the assumption ~. based on .,_ information South Metro -able 10 glean from the County UICSSOl'I, is that we haw about 2,100 busillCSI taxpayers in Englewood . He DOied that in Litdccon it -close 102,000. Mr. Clark ltalcd that. ifwe an: to amunc that all of those 2,800 tax achedules would qualify for the full SI0,000 exemption. that would come 10 about S28 million in valuations that would be exempted. He said you times that apinlt the full value inlO assessed value and you come up with SI million in assessed value, and multiply that by the City's mill levy of7.9 mills and that would present a S6S,OOO pocential loss to the City . Mr. Clark explained that that is the maximum. assuming that everyone would qualify for the full exemption. He said Senator Blic:kensderfer indicated the bill would be a,ming up in another week or 10 days. He pointed out that there was some discussion about any unintended a,nsequences Wider the Gallagher Amendment where this might inadvenently shift some pressure back over on the residential properties and whether there was a ratcheting affect due to Amendment One. City Manager Clark SlalCld that be bas asked City Attorney Brotzman and Financial Services Director Gryglewicz 10 work with Senator Blic:kensderfer on that and to do some additional research . He advised that the South Metro Chamber indicated that it is their long tenn goal to haw the business personal propeny tax exempted in tocal . Tbey hope 10 get ii phased out over a ten year period and the total revenue from thal right now represents about S2 l l.OOO in revenue to the City of Englewood . He 101d Council if they haw any questions 10 giw him a call . He said right now be thinks they will just monitor the situation and exchange some information. He said Littlelon City Council is IIOl lakina a wry close look at this. but they an: suppolcd 10 be looking at it aometime this week . (b) City Manager Clark Ilks Council to giw him a call if they haw any qualions repnling the E-mail message they receiwd from Assiaant 10 the City Manager Grac:c on -follow-up abe did regarding legislatiw matters. • •••• Mayor Bums a,mmentcd that he is glad that they finally go1 this information as Council bas bad a a,ncem as we an: members of the South Metro Chamber and City Manager Clark is on the 8cJanl al Directon of their Economic De\'elopment Council and this legislation is being prellcd by the Chamber . He noted that Scaator Blidleuderfer bas advised us that be is FUin1 a lot of preawe from the Chamber and yet the Chamber would -talk 10 the City about ii. Bein& oae of their members, be said be hopes they understand that they should be talking 10 the cities that an: members of their IIIOciation wben they an: backina this kind of legislation and indeed find out what the fia impact is on the City pwlUlllt to these kinds of measures . Mayor Bums said he felt they should rec:opiu that we an: a member and we an: entitled 10 be consulted on these mancn. He suggested that perbapl we can work 10gether on these legislatiw issues as we ha\'C found this year that municipal government does not 1ee111 to haw many friends OUI there and apec:ially in the Chambers . He said our Englewood Chamber worts with us • lot. bul he thinks that sometimes we get forgolten along the way . He ltalcd be thought we pay about S4,000 or s,.ooo a year 10 the Chamber in dues. allll and cbaraes and be thinks we should be recopil.Cld if they an: going to hick legislation that may resull in a loss ol income 10 the City . He lllled that be hopes in the fublre that this changes. .. - I • • 0 f - - • • • • (, Council Member Hllhaway poinled out. along dlllle ame lilla, one oldie arpmcall we were Uliq with tbem is that die ltl\lices die City provides for die pn,paty tax thll ii paid. CWD ifit is die 11nt $10,000 ol value, thll tbele is a taa,ible value to dlllle INIR ID lllfte dlole Cily arvm. SIie 00ft 2 1 I dial if' Ibey would pnfer 11111 to lla\'C that llnt $10,000 wordl olvallll dlea 11111 ii dlae dlaice, 1111111 ii Iliad of bani to do. 14. Qy AaaneJ'• ..... City Aaaney BnlczmlD did 1111( 111w Ill)' llllltal to llrilll bdcn c-:il. 15. Mjaa.-- .. -· ----' "' - I . . 0 f --~ I • • • ,, - PROCLAMATION WHEREAS , one violent crime is committed in America every 17 seconds; and WHEREAS , 43 .5 million Americans are victimized in the United States each year; and WHEREAS, crime victims play an indispensable role in bringing offenders to justice; and WHEREAS , law-abiding citizens are no less deserving of justice, rights, resources, restoration and rehabilitation than the violent offenders who victimized them; and WHEREAS, crime victims and their advocates over the past two decades have made unparalleled progress toward balancing the scales of justice in our criminal justice system; and WHEREAS , the dawning of a new day of victim justice is being heralded across our land by the strong spirit and commitment of millions of survivors of crime, their families and advocates who proudly bear the banner of justice; and WHEREAS, as a nation devoted to liberty and justice for all, America must increase its efforts to protect and restore crime victims' rights; and WHEREAS, the City of Englewood is joining forces with victim service programs, criminal justice officials and concerned citizens throughout Colorado and America to observe National Crime Victims' Rights Week; NOW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of April 21 tbrouah April '1:1, 1996 as : CRIME VICTIMS' RIGHTS WEEK in the City of Englewood, Colorado and reaffirm a commitment to addresa victims' rights and criminal justice issues during 1996 Colorado Crime Victims' Week and throughout the year . GIVEN under my hand and seal this 15th day of April, 1996 . " . 8 a ·0· Pr n teo en Recyc led Paper :.._ • I 0 f - • • llBSOLUTION NO. ~ SERD.s OF 1996 • • • t• /Olf/ A llBSOLUTION AWARDING A NBOO'l'IATBD OON'l'IACT POil BNOLSWOOD'S 1998 IIICllOSUBl'ACING PBOOIIAII INl'l'SAD OP TRI OOIIP&'1'ft'IVJ BID PBOCBSS UNDER SBCTION 118 (b) OP TBI BOIIB atJLB CIL\llTBll AND SBC'l10N 4-1-41 OF THE ENGLEWOOD IIUNJCIPAL CODI: 11115. WHEREAS, the City of En,lewood ia rNJ)OIISible for maintenance of apprommately 120 miles of public roadways in the City; and WHEREAS, the Department of Public Worb and En,ineerinc and Street Maintenance Divisions have developed a 1yatem-wide maintenance Jll'Oll'U1 in which they have found Microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, previous construction aperimce and npanded product knowledge bu caused the staff of the Department of Public Worb to believe that local contrac:tora do not poaae18 the specific product knowledge or conatruc:tion ezpertiae to construct Microsurfacing acceptable to City atandardl; and WHEREAS, the staff of the Public Works Department baa evaluated the quality of Microaurfacing utilizing a 1pecific local anregate and a quick-Mt ERGON emulsion; and WHEREAS, Bituminous Asphalt Sealing Spec:ialiata, Inc. (BASS) of North Little Rock, Ark.anBU, has laboratory-teated and field-teated thil product, and City ltafl' bu evaluated the abilities of this company in placing Microaurfacing, and bu dilcuued their work quality and product quality with other governmental agenciee which have had years of experience with thia company; and WHEREAS, BASS, Inc. baa now placed a total of 1,500,000 aquare yardl (apprcmmately 77 miles of roadway) in the City of En,lewood over a period of9 yean; and WHEREAS, Section 116 (b) of the Englewood Home Rule Cb.art.er and Section 4-1-3-1, Englewood Municipal Code 1985, allow contracts for public worka or improvements to be negotiated, provided that contracta for which no competitive bidl have been reqUNted have been approved by resolution which ahall declare the reason for uception to the competitive bidding requirement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Department of Public Work.a ia hereby authori&ed to neaotiate a contract for Englewood's 1996 Microaurfacing Procram in an amount not to uceed '320,000 in lieu of the competitive bid proce111 u allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, En,lewood Municipal Code 1985. ' •, .. I . • 0 , • • • Date April 15, 1996 lNITIA TED BY Department of Public Works . ,,_ 0 I • • COUNCIL COMMUNICATION Agendaltam 10 a f STAFF SOURCE Subject Resolution ID Negoliat8 and Award Contract for 19118 Micfo.eurfaclng Charles Es18rly, DlnM:1Dr of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Raolulion No. 35, Serles of 1995, Resolution No. 40, Serles of 1994, Reaolullon No. 39, Serles of 1993, Resolution No . 52, Serles of 1992, and Resolution No. 38, Serles of 1991, approving negotiating contracla and awarding negotiated contracta for the 1995, 1994, 1993, 1992, and 1991 Micro-lurfaclng Programs respec:tively. RECOMMENDED ACTION We are seeking Council approval of a Resolution allowing a negotiated conlrllct with Bltuminoul Asphalt Sealing Speclalilta, Inc., a .k.a., BASS, Inc., in an amounl not ID exceed $320,000 for our 19118 Mlcro4urfaclng Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Micro-lurfaclng ia a coat effective maintenance allemative that provides rut filing, leveling of existing pevernenta, a surface seal and a new wearing surface. The tlnlahed product ii jet black. aaatll8llcally plNalng, and uhlbb more traction than the original aaphaltic conc:rete (~ ur.ty). Staff inlroduc:ed ·Englewood" micro-surfacing in 1991. Our objactive was ID develop a ffllllnllnanca alllmative lo addreu the maintenance needs of roadways aut,;ecllld ID excaa1ive lrafflc wiun.. r9IUlling In pawen•it rulling and lanes requiring leveling treatmenta along with new wearing courN1 and surface INII. BASS, Inc. la Ulilfaclorily participated in a partnerlhlp anangemant with the City for the lat nine yws lo COllllruct our llurry and micrcHurfacing programs, having now placed a tolal of 1,500,000 equare y8ldl of our dellgn producla (approximately 615 blocks, or 77 miles of roadway). Micro-lUrfacing requires highly 1per.ialized conalruCtion aquipmanl From our lat he yws' exparilnca, we know that the UM of continuous micro-lUrfacing equipment producN a superior product con.-,.d lo that applied wiltl truck mounted type machines. Continuous equipmlnt provides COi 11111nc.y of lilll*,allon and mlr*nlzel...,.. by l1lduc:lng equipment IIDpl and atarta . Truck mounlad aqulpmanl wa UMd in the conalruction of our....,. slurry products. Continuous micro-lurfacing equipment can apply ltarldard llurry producla while ltarldard llurry machinea are not capable of applying micnHurtaclng. The number of continUOUI rnicnHurfaclng rmdlll• continues to grow throughout the country; BASS, Inc. owna and ope,-. 2 of theN mechlna BASS, Inc. hal auc:cessfuUy constructed micto4urfacing on Nleclld ...,.., colleclorl, lndullrial and local a.vica llrNla In our 1991, 1992, 1993, 11KM and 1995 mcro-aurfacing programs . Staff continues ID monilor llurry INI and rnicnHurfaclng activltial In the man, ... The worlcn•lllllp of BASS. Inc., particularly with micto-surfacing, appura ID remain superior. Much ilCOI 11111 icy exilla In the mix dellgl,a UMd by otherl in the maro--. allhough many Jurildldlonl .. apirl r9qUitng the gray..-....-that we have recornnaldad and lpecillad llncl 1987. Many oe.r uw agenciN oonllnua lo modly their apec:itlcatiol11, auggeating that they .. not compl1llly Alllflad with ...... produc:la. WI._. naiad -of lccalized failur9 In rnicnHurfaclng products pllcad by otherl during 1112 and 1113, lndlcallng only m11glnally utilfaclo,y ....... I . • 0 , • • " - 0 I • • It appears that "*'Y Olhel' citiN conlinue ID ..-tor llandanl slurry products instead of micn:Hurtacing . Tha can be per1ially allribulad ID local ca1111ac:a1 NCOfflfflellding and selecting lower priced, leuor quality components under~ bid ca11dilio111 . Also , nut slurry products will tend to be mont UNr rr-.., during construclion ltWI ~-Ren*'lbel . micro-surfacing has construction edvantages over llurriN in lwt • can be UNd tor rut filing and leW'8lirlg in addilion ID providing 1h11 surface seal and new wearing utace tw, ii oblained wilh l1andanl slurry asiplatic. •. Throughout our nine~ upeiience wilt1 "Etigllwood" slurry, micrcHurfaclng, and BASS, Inc., dlimr'I ,..._ continlMI ID only question our not Including more ltrNII in our ainual micro-surfacing programs. Experience wilt1 constructing our product ii crttic:al . We will continue to monitor and evaluale slurry and mlcro- surfac:lng conlradDrl in 1h11 Denver area, and we may c:hoole to recommend OCherl for future yem'I work, depending upon their performance on other projects. However, our local c:hoicel l9l'l1aln exnmely llmllld at 1h11 lime. Vance Bros., Inc. has similar equipment In Kan1a1 and had Ntablilhed a Denver office . In 1993, Vance constructed a Littleton rnicnHurfacing demonstration project that was marginal. Additionally, Vance Bros. had some less than satisfied slurry customers in 1994 and their key Colorado coordinator left their employ in early 1995. Vance Bros . closed !heir Denver office in late 1995. lntermountain Resurfacing, Inc. (IMR) remains in lhe slurry market. Englewood had a contract dispute with this company in 1986-1987 . IMth older truck mounted equipment, their micrcHurfac:ing experience with 1h11 Colorado Department of Transportation (COOT) on Belleview Avenue was less than satisfactory. In an earlier COOT micro- surfacing project on 1-25, In Pueblo, IMR sublet product application to another contractor, with very discouraging results. Vllhile we will continue to monitor the activities of this company, we have not been impressed with any of their performance to date. Quality Rnurfacing Company of Commerce City ii lhe newest slurry contractor In our area . This company was established In 1994 , and 1h11 principals appear to have many years experience in lhe general paving industry. This company has late model truck mounted type equipment and it appears that they succeufuUy tackled several Slandard slurry projects during the 1994 and 1995 seasons. They do not have continuous micro-surfacing equipment or experience placing our temperamental Englewood micro-eurfacing product Also, many of their key employees came to them from IMR in 1993 . These folks were major players In lhe COOT micro-surfacing projects mentioned above . We will monitor the performance of this company and may, depending on their work on other projects, wish to consider lhem for future years work In Englewood . We prefer to use the only proven contractor with demonstrated successful applications utilizing 1h11 products and mix designs that we have developed, and that achieve our desired results . We are satisfied with product performance to date and are particularly pleased with performance on our local service strNtl. The contractor, BASS, Inc., ii available to acc:omplish our 1998 project in lale May or early June this year. Our 1996 Micro-surfacing Program will target local service and minor collector ltrNII. We continue to specify micro-surfacing over standard slurry because of its flexibility of use . Slurry seat ii a single thickness appllcation product. Micro-surfacing has lhe capability of being applied in whatever thickness ii necessary to address our mainlenance requirements . Micro-surfacing ii used for rut filling and leveling a well as for overall roadway sea~ng . In early years, chemical makeup caused a 17 second bruk time with our micro-surface specification. Modification in product chemistry In 1993, 1994 and 1995 increased break time to about 40 seconds. This greatly improved the workability of 1h11 mix while maintaining our ability to open streets lo through traffic In 20 to 30 mlnulel, if required . Our design continues lo specify 1h11 quality custom crushed, gray granite aggragaw from Asphalt Paving Company , Golden, Colorado. We will continue to UM the Improved ERGON emulsion, es del,eloped for our 1993, 1994 and 1995 programs . However, our specified ERGON emulsions are no longer manuflldlncl In the Denver area . In 1996 , as in 1995, emulsions will be transportad from Texas . · . -• I . • 0 Ir,/ , • • • • • , . • FINANCIAL ... ACT Bids for standard aluny in the metro ..... wilh local contractors and lower qualty compoi•a e..i our 1peclllcatio11a (app,oximalely 5 hour lral'lic 11nm), lhould range from SO. 70 ID S0.95 per equar9 yard In 1998. Quick aet, polymer modified, lluntea wilh c:haractllrilll llmllar ID our lplCillcallol• (2 ID 3 hour hllc 11nm) wa likaly bid at $1 .25 ID $1.35 perequare yard. TheClty ofGrNley appell'I ID be the only Frant Rarlge City epeclfying produc:ta limllar ID oure. Their 1995 bid price WIii $1 .23 per equare yard. A CDfflPllllwe bid for a micro- eurfaclng demonllration project In 1993, 1n the City of Llttleton, wa In the s1 .es per equar9 yard range . WNh our epeclfied quality emullion, aggnlglle, and appllcatlan equipment. our comparallle co, .... COit In 1993, 1994 and 1995 WIii $1.20 per ....... yard . PNllmnary oonveruliona wilh BASS, Inc. ll,gglll a waiigi .... ID Allum ID Englewood In 1818 and C01111ruct mlcnHurfaclng at a unit price ODll1*able ID lllt yes°I oonlract ($111.11 perllln). lna-11111 In h price of ~ and emulllon could .... In e ~ price of 2% ID 3% CMI' 1-. The 1111 oonlract w for $280,000 (appioxlnlally 180,000 equaw yardl or eo bloclca -11.71 per..-.,--and Included heavy lllplcatil>l'I '* on South Broadway). Funding tar 1112 w llmilld ID $280,000 tar micrHurfaclng (app,oxirnat81y 1155,000 equare yar'dl or 70 bloclca -l1A1 per....,.,-). In 1113, • conRUCIICI appnacimlllly 201,000 equar9 yardl (76 blocka) at a COit of $305,000 • 11.12 per ..... ,anl. In 1193, rut 918, ufaoe leveling and lllgtllly lncr:1111d applcalla n ,... 911.-cl a higher per equar9 yard COftllruclion COit e..i our 11192 experience. Our 1114 uperlence w again In h It.II per eqm yenl range, baled upon 207,000 equare yardl of product and a contract price of $315,000. In 1•. wilh ffllljar Ina 11111 In calla of ffllllr1III and an approximately 20% incrw In 111plicalion ram ID do heavy rut 9111 and leveling, • placed 208,000 square yarda of micro-surfacing at a IDlal COit of $339,000 -$1.12 per 1q11119 yard. Thil COit rwnlill In the magnllucle of 40% of the COit of aphaltic: conc:rele overlay while ... lllouulng U1 ID COffllCt nwiy of the mgulerltill wilhin I llruclurally aound roadway eurface. lncnaee incuff9d In 1998 micnHutfaclng COllltrucllon and malllrlal COiia would allo be reflec:led in COllltruction COltl for aephalllc c:oncna CMrtay1 in 1998. For 1998, we are Wlffllllding a contract wilh BASS, Inc. tar approxlmaly 200,000 equare yardl of micro- eurfaclng at a unit price comparable ID lhat negotiald In 1•. MIUlllng In a contract In the $320,000 range . $507,000 II available in the Public lmpR)Y9IIWII Fund, Road and Brtdgeaccount tar 1818. The belanOI of funding In the 1998 Road and Bridge PIF account wll be ullized tar aepllalllc oancr911 CMf1ayl by Englewood faroel, and IIIOCilt9d maintenance program admlnlalralion, lllling, program ltuclla and illl)ICllol'I. Addlllonally, In 1818, Engineering wlU initiate dilculllona with BASS, Inc. and Coblloo ID promaee the development of new lluny and micro-surfacing product dellgna, Including ullllzlng eome local aephall produc:11. Thil elbt ii ID provide Englewood with quality, COIi affective aluny erld micrHurfaclng producll tar fulln ,-. progrMII. Nola: Due ID the varying appllc;allon ,... of micrHurfaclng, wilh _. changing roadway condlllol•. micro- aurfaclng II contracted by unit weight applied (Iona). LIIT OF ATTACHll!NTI For your i llDrmaliol,, the alaCllld 1111 llrNla and..,... pnipoeed tar inclullorl In our 1•..,., and micro- lUlfaclng IIIOll"II••· They .. lnllnded ID be .......... ,. of h pnipoeed Pftlll'W and-. dOOllrN, llllljecl ID your r9Viauu and conwmnt. Since 1117, • i.e lddr1111d h n•••• neecll d eome 77 mlle cl our app!Qldnillll) 120 mle roadway eyltlm. The 1-program wll ldd llloul ..... 10 mlle ID ... 111111. Coneeqmnay , ffla'Y d11rq mall••• c111d 1S1t11 exill wlhln our.._. .,.a.n. A ...,... ... 11uny ~ program would addral al ofthe llrNlawilh .. eyltlffiCMl'I .._.,_. l*bl. 11111111111"111111 h lMUII budgll tar 1h11 acMy IWnllnl at appio.dnillll) lift ol ldlll .... ....._ ,, - •, I . • 0 • ' . -•. 0 t• • . . - PROPOSED MICRO-SURFACING 1996 °"""' ~ M,celOn 'I ~ -~~ ... ....... dlDS. ~ MIi """l u,mn la,ton • _ li\Hllli i w a l I • • 0 • ~C..11 4.4 . .,._ • • ..... f 2X • ,- - 0 1• • , . PROPOSED OVERLAY 1996 I 1111 mI 1111 -I ' ....,.. GM:ld U.S.2'5 111 l '/ Altii ! 1..!111 ~ ic..,.,.. I.INgl> _... • • I . • • Nole: Overlay + or -12'adlacent to curtle only. Broadway la achecMed for wldlulng reconetructton. In ISlEA In 1818 . 0 • ' - r_ • • • ,,. ~ 0 t• • '· PROPOSED OVERLAY 1996 I f ! I I 2100s. ~ I-Adrkllie -w ...... . -~ 'i ..i ..i .. ~ i ; Ca,pian -,s 0 w.-, -~-1,,, i .m,11 ·1M 111,th-.... ---Vmt,Ot -CCllege -27005. Yale I/ /)J r1-1 _, Am*" ... a 1-,L • -I 11 I : • ~::di Comal T 1111 tuJ 3100 S. °"""*"" / II I rr ~ I ~s. __ 111 ~ ---lf 'i 'i . ~'/ • I ~ 111 I ~ '/ H ! : u ., l lS) f(!; cenwon I Latwc,, MaNleld 1, ~ _....,s. City of Englewood Qllaod I I~ -CM,cy <I' .. ~!)_ lladdll --~ -SIGNNI .as. .-~ 1 ~., _Jj I . -.. " ........ Tulb ~ ""\ l J II ~ unan I 1an1aran .... 1- lc,wlon -~ ! ..... . " I.QflOn SarolOgCI ..., r,~i '"':::\ ' • °*"""" ..---.-~ .... ~ ,. "'~ r • GrG1d ~,,,,,. tl I I. ,irlf 1 . j ....-51C111S. 1nu11n , , . \111 ~~ I 5311D s. l'lenlce .. --~~ Ii .. Ii: I ; i I I Nole: Overlay + or -1i a4acent to curm only. Broadway la scheduled for widening recoM1Nctlon. In ISTEA In 1818. • ...... 1111 ' liJBj ! Gftlld U.S.215 • . I· • 0 '32xl - ,av• 110. 04/0S/96 • l 2.so 1.00 2.so 2.so 1.00 3,00 1.00 2.so 3.00 1.00 2.so 3.00 2.00 3.SO 3.SO 1.00 2.00 1.00 3.00 o.so 3.SO 2.00 1.00 1.00 1.00 2.00 o.so 4,00 1.00 2.00 1 .so 1.00 1 .00 1.00 1 .00 1.00 2.00 1.00 4,00 1 .. 00 3.00 • ' • "' - • (• • \ I • • 0 ' 'J2 x l Pave No. l 04/05/96 AVENUE/STREET MOIERST BELLEWOOD DR CHENANGO CHENANGO CHENANGO CORNELL CORNELL CORNELL CORNELL CIRCLE CORNELL PLACE GRAND GRAND HILLSIDE LAYTON MANSFIELD MANSFIELD PENICWOOD CIR RADCLIFF STANFORD TUFTS YALE ACOMA ACOMA BANNOCK DELAWARE E PLATTER DR ELATI GALAPAGO GALAPAGO IRVING IRVING JASON JASON JASON CT LAFAYETTE LAFAYETTE CT LAFAYETTE DR LOGAN LOGAN MARION OGDEN • • • • STREET DIVISION 1996 MICRO-SURFACING LIST NUMBER FROM OF BLOCKS 2,50 EMERSON 1.00 LOGAN 2,50 IRVUIG 2,50 BROADWAY 1.00 CLARKSON 3.00 ZUNI 1.00 BROADWAY 2.50 DOWNING 3.00 CORNELL 1.00 CORNELL CIRCLE 2,50 IRVING 3.00 ACOMA 2.00 TEJON 3. 50 WINDERMERE 3,50 JASON 1.00 ACOMA 2.00 LOGAN 1.00 JASON 3.00 GALAPAGO 0.50 KNOX CT 3.50 TEJON 2.00 BELLEVIEW 1.00 YALE 1,00 CORNELL 1.00 KENYON 2.00 DARTMOUTH 0.50 TUFTS 4.00 STANFORD 1.00 GRAND 2.00 BELLEWOOD DR 1,50 PIMLICO 1.00 QUINCY 1.00 STANFORD 1.00 QUINCY 1 .00 GIRARD 1.00 BATES PARKWAY 2.00 BATES 1,00 GIRARD 4,00 BELLEVIEW 1 .. 00 DARTMOUTH 3.00 CORNELL "' - • . .. TO LOGAN PEIIICWOOD CIR LOWELL PENN PEARL SHOSHONE BANNOCK FRANKLIN CORNELL CORNELL CIRCLE LOWELL HURON ZUNI HURON CHEROKEE BROADWAY BELLEVIEW COL-DE-SAC JASON KIIIG PECOS CHENANGO MOIERST DARTMOUTH JEFFERSON . FLOYD COL-DE-SAC CBANANGO BELLEVIEW CITY LIMITS CITY LIMITS RADCLIFF TOnS JASON I HAMPDEN BATES PARKWAY • • COMELL HAMPDEN STANFORD 0 COL-DE-SAC ?ALE '32xl • ,,_ -• • • ' <. Pa9e No. 2 04/05/96 STREET DIVISION 1996 MICRO-SURFACING LIST AVENUE/STREET NUMBER FROM TO OF BLOCKS OGDEN 2.00 DARTMOUTH FLOYD HARL 3.00 LAYTON STANFORD WINDERMERE •• 00 KENYON OXFORD ZUNI l/2 WIDE 3.00 YALE EVANS TOTAL BLOCKS [ a9. so] I . • 0 1 32xl - • Pave No. l 04/04/96 AVEMUE/STREE'r AMHERST BATES BELLEVIEW CHENANGO KING KNOX COURT LAYTON OXFORD RADCLIFF RADCLIFF SARATOGA STANFORD STANFORD TANFORAN UNION BROADWAY• CLARKSON LOWELL MARION MARIPOSA DR M INDERMERE TOTAL BLOCKS NUMBER OF BLOCKS 2.00 2.00 2.00 l.00 2.00 2.00 l.!>O 2.00 1.00 i.oo l.00 l,00 o.so l,!>O l.!>O 6.00 1.00 2.00 2.00 2.00 2.00 ( 31.ooJ • • - (. STREET DIVISION 1996 OVERLAY LIST FROlt BROADWAY BROADWAY FEDERAL DECATUR CUL-DE-SAC CUL-DE-SAC DECATUR . POX ItALAKATH NAVAJO DECATUR NAVAJO BROADWAY DECATUR FEDERAL FLOYD GIRARD MONMOUTH DARTMOUTH LAYTON TUFTS TO . LOGAN LOGAN LOWELL FEDERAL CUL-DE-SAC CUL-DE-SAC FEDERAL JASON CUL-DE-SAC WINDERMERE FEDERAL WINDERMERE LINCOLN FEDERAL DECATUR YALE BAKPDEM CI'l'Y LIMITS BATES Tons RADCLIFF • • Note: Overlay + or -12 a4acent to curba ody. Broadway la schedUled tor widening reconatructlOn, In IS1£A In 1888. • ,, -. , .. I. • 0 ..... - - • • RBSOLUTION NO. !i!l. SERIES OF 1996 • • • A RBSOLUTION AWARDING A NBOOTIATBD OON'l'BACT POil BNOLSWOOD'S 1996 IIICJlOSUBFACINO P&OOIIUI D18BAD OF 'ID COlll'S'l'l'l'I BID PIU>CB8S UNDER SECI'ION 111 (b) OP THB ROD lltJU CIIAll'l'Bll .AMD 88C'l'ION '91-1 OF THE ENGLEWOOD IIUMJCIPAL OODB 1115. WHEREAS, the City of Englewood ii responsible for maintenance of appromnately 120 miles of public roadways in the City; and WHEREAS, the Department of Public Worb and Engineering and Street Maintenance Divisions have developed a system-wide maintenance J>l'Oll'&III in which they have found Microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, previoua comtruction uperience and expanded product knowledge bas caused the staff of the Department of Public Works to believe that local contractors do not possess the specific product knowledge or construction expertise to construct Microsurfacing acceptable to City standards; and WHEREAS, the staff of the Public Works Department bas evaluated the quality of Microsurfacing utilizing a specific local aggregate and a quiclt-aet ERGON emulsion; and WHEREAS, Bituminous Asphalt Sealing Specialists, Inc. (BASS) of North Little Roclt, Arlr.an888 , has laboratory-tested and field-tested this product, and City staff has evaluated the abilities of this company in placing Microsurfacing, and has dilcuued their work quality and product quality with other governmental agencies which have had years of e:a:perience with this company; and WHEREAS, BASS, Inc. bas now placed a total of 1,500,000 square yards (appromnately 77 miles of roadway) in the City of Englewood over a period of 9 years; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 1985, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reuon for exception to the competitive bidding requirement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;t.ion 1. The Department of Public Works i1 hereby authorized to negotiate a contract for Englewood's 1996 Microaurfacing Program in an amount not to e:a:ceed $320,000 in lieu of the competitive bid proceu as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 1985. ...... .... ,- .. I • • 0 '32xl - - • • • C• • Sa;ticwa 2. 'lbe Department of Public Wana ia hereby authoriwl to mter into a c:ontract for the Engl-oocl'I 1996 Mic:roeurfacinc Procram punuant to their inveatiptiODI of local agrepte, quick-set emullicm produced by the ERGON RefiDely in Vicbburg, Miuiaaippi, ud comtructicm of the product cm Eqlewood lltreeta by Bituminoua Aapbalt Sealinc Specialiatl, Inc., of North Little Rock, Arkanau. ADOPl'ED AND APPROVED thia 15th day of .U, 1996, ATTEST Loucriabia A. Elli1, City Clerk I, Loucriahia A. Ellil, City Clerk for the City of Encl~. Colorado, --, certify the above ia a true copy of Reloluticm No._, Series of 1996 . 2 ,- . ' •. .. I . . 0 -• • (. COUNCIL CO..UNICATION Dale Agenda 1111m April15, 1996 10 a 11 ltlTIATEDBY STAFF IOURCE Department of Public Worb Jim Kavinlky, Manager cf Opnlio!IS COUNCIL GOAL AND PREVIOUI COUNCL ACTION Thil proposed lnlergcMmmlntal AQr"Nrnent ii., u.nple cf,..... cooperlllioo, which Councll Nt b1h • • goal for 1994. Council approved limllar tlNt rnalnllrwa agrwYients wllh h City cf Shatdan for 11193, 1994 and 1995. R1!C01111ENDED ACTION Slaff aNka Council approval cf• bll for an ordlnanca aulho'1ztng .. Mawor ID..,. an ............ 11111 AgrNment wllh .. City cf Shatdan for tlaat ........ . UCKGROIN), ANALYIII, AND AL19NA1W WIS & The Clly cf Englewood ta i.., avicing City cf--..,......_ D k , 11111. 1119...-, contirw llo provide belie mai••m. lUCll aol~ ... .._,.. w-...-.......... • Englewood's Servlceilllr. The City cfa.tdan i.i.., ................ _........, Bid ._. ii i.t1r1111d in continuing our WOltdng 111111ic:ellhip at .. ...,... haultf .-cf SM.GO,_. ..... FINANCIAL .. ACT Throughout 11Kt3 , 1994 , and 1995 , the Servicalllar Garagetac*on .. aldlliiiilll ....... fl-... ........ tlNt vehicles. Thil .. ..., acco.,...,.. wlllolltaddlng .................. flaffl .. Qlr cf ...... helps defray .. C09t cf providing ............ ~ lo al El ................. Ell!; •• d 1• 19Y9nUe -$18,000.00. UIT OF ATIACHll!NTS .... . , • .. I . . 0 , I - - • • ORDINANCE NO. _ SERIF.s OF 1996 . ' <. • • ,. • ;oa. /1 BY AUTHORITY COUNCU. BILL NO. 13 IN'l'BODUCD &COUNCIL A BILL POil IIBNDR 1l&ffK4« 7 AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE. WHEREAS, the City of Englewood bu been aervicing the City of Sheridan'• vehiclea aince December, 1992; and WHEREAS, the City at Englewood and the City of Sheridan deaire the renewal of the agreement whereby Englewood provide• Sheridan with vehicle maintenance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: "' - Sed;igp 1. The interpvemmental qreement between the City of Sheridan and the City of Englewood, Colorado for vehicle maintenance, attacbecl u "EKbibit A·, ia hereby accepted and approved by the Englewood City Council. The Mayor ia authorized to uec:ute and the City Clerk to att.Nt and aeal the Apeement for and on behalf of the City of Enpewood, Colorado. Inb'ocluced., read in full, and paued on tint readin, on the 15th clay of April, 1996. Publiabed u a Bill for an Ordinance on the 18th clay of APril, 1996. Tbomu J. BW1111, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing i• a true copy of a Bill for an Ordinance, inb'ocluced, read in full, and paued on fint reading on the 15th clay at April, 1996. Loucriabia A. Ellis -1- ' . " .. I . • 0 '32xl - • • . , . • ,, EXHIBIT A CONTRACT TBl8 AGBBBIIENT, mtered into tbia __ day or 1998 by and between tbe City orEqlewood. wbme adctr-ii 3400 South Elati Street, l'.npwood, Colando 80110 and The City or Sheridan, wboN ad~ ii "101 South Federal BoulffU'd, Bql-ood, Colorado 80110. 'lDM8 OF CONl'BACI' NOW 'l'IIBIID'OIIB, rr 18 AGRBBD by wl W-tbe City all'.apwood md tbe City aC Sheridan tbat: 1 . 'lbe City of Bn,lewoocl, Colorado lball perfanD tbe foUawiDs aervic:ea : 'lbe City of Bn,iewood lba1l perform all _..,. repain IDd m•int.m•DN' CID the V9bidel owned by the City al SbaridlD to tbe City af Sherida'a Nt;iafac:tim, ad tbe City alSlmidan lball pay to tbe City or Enpewood Cor aucb Nmca tbe -altbirty-four Dollen ($34.00) per hour, in edditiCID to the -i to tbe City al EDpwood al my perte or outeide vendor cbarpa plUI Twenty perc:eat (2K) bendJin1 fee . 2 . The City ofEqlewoocl will proceed with tbe performance oftbe Nl"ric:ea called Cor in Perqrapb No. 1 CID Juury 1, 1998 end tbe CODtnct lball terminate CID 0-ber 31, 1998. Tbree edditiaaal -(1) ,-r perioda may be neptiated by tbe City Menepr or bia deaipee. 3. Some maintenance of the City of Sberiden'a Yllhiclea llhall be parfonned by the City of Enpewood acc:ordinr to • ICbedule to be made by the City of Sberidm ud epproved by the City alEDsI-ood u part altbil -,reement, md lball include work requeet.ed by Sberiden or wort idmtifled by ..._ood durinr inepec:tion of tbe vehicle. 4 . The City of Bllll-ood lball repair IDJ ftbiclea al tbe City or Sheridan delivered to the City of Enpawood far that purpoae in a pod, workm•oJike m•noer . 5. The City aC Eqlewood and tbe City al Sbaidan 91"81 not to: reru.. to hire, dilcberp, promot.e, demote CII' dilcriminate in any matter or compeuation; performance, aervicea or otbenriae, epinet any penon othenriN qualifted aolely became aC nee, c:reed, au, color, -tianel oririD or anceetry. 6 . 'lbia Contract may not be modifted, UIMDded ar otbanriN e1tered unlw mutually qreed upon io writinr by the pertia. 7 . The City of Ensl-ood by ad tbrouch ita employaN end epnta lball be comidered for ell purpoNI aC tbe CODtnct, to be indepeDdant cmtrecton end oot emplo,-al the City of Sbaridan. 8 . The City or Sheridan by ad tbroucb ita emploJeee and epnta lball be cmaidered for ell purpoNI aC the CODtnct, to be independent cmtnc:ton ad not emplo,-of the City or Enpwood. -1- ..... ... I· • 0 '32xl - - • • • 9 . The City of Enclewood lhall not uaip or tramf'er ita interwt in the Contract without the written coment of the City of Sheridan. Any uoautborised auipment or tramfer lhall render the Contract null, void and of no efl'ect u to the City al Sheridan. 10. Tbe City of Sheridan lhall not uaip or t:raufer ita interwt in the Contract without the written coment of the City of Bqlewood. Any uoautborised auipment or tramfer lhall nmder the Contract null, void and of no efl'ect u to the City of Enclewood. 11. The City of Enclewood lhall be n.pouible fir the profaaicmal quality, teclmical aceuracy, timely complet:ioa and the c:oordinatiOD of the npain under the Contract. Tbe City lball, without additianal compeuatiOD, correc:t or revile any enora, omiuiOD1, or other deftcienciel in ita l8l'\'icel related to the Contract. 12. Either party al the Contract inay tenDiDate the C0Dtnct by livm, to the other party 30 daya notice in writiDf with or without aood caUN llbown. Upon delivery of IUCh notice by the City of Sheridan to the City of Enclewood and upon apiration of the 30 day period, the City al Eqlewood lhall diacontinue all aervicea in connection with the ~ of the Contract. ,.. 100D u practicable after receipt of notice of t.ermiaation, the City of En,lewood lhall IUbmit a ltatement, lhowiDc in detail the Nl'Yicea performed under the Contract to the date of tenninetion. Tbe City of Sheridan lb.all then pay the City of Enclewood promptly that proportian of the prNCribed charr-wbicb the NrVicel actually performed under the Contract bear to the total l8l'\'icel called for under the CODtrac:t, 1-IUCh payments ail account of the cbupa u have been previoualy made. 13. All 'noticea and communicatiODI under the Contract to be mailed or delivered to the City of Enclewood lhall be to the lollowiq ~: Dinc:tor of Public Worb City of En,lewood 3'00 South Elllli Slrelt EDalewood, Colondo 80110 All noticea and communicatiam ,-taiaiDs to the Contract lhall be mailed or delivered to the City al Sheridan at the fDUowinc addrNI: City al Sheridan 4101 South Federal 8oulffarcl En,lewood, Colondo 80110 14. Tbe tenm and CODditiam afthe Contract lbal1 be bindinr IIPOll ucb City, ita auc:c:euora and uaipa. 15. Notbin, herein lb.all be COllltrued u cnetia, any pencmal liability OD the part of any officer or apnt al any public body wbicb may be party banto, nor lhall it be COllltnled u livinr any ripta or bmlftta barMIDllw to ayane other tban the City of Sheridan and the City al Encl-ood , -2- ' ' I • . .. I . • 0 I - - • • • <. IN W1TNB88 WIIBIIBOF, tbe partiN bento bPe aacatlld tbia Contract the day and :,ur 6nt writt.eD above. ATTBST: Low:rilbia A. Ellia, City Clerk ATTBST: cm Ol'IBJPUDAN -3- "'~ . ' ' - .. I . . 0 - • 0... April 15, 1998 NTIATEDBY • • COUNCL CCJI.IINICA110N 10 a 111 ITAPF IOUIICE 1-,.ct Eliglewood Schools FINI Mlillll•a Connet Depar1niel,t of Public Wortcs Jim l<Mllky, Manager of Operaliol• COUNCL GOAL AND PREVIOUS COUNCL AC110N Thia piopoeed I~ Agl'Nffl9llt ii an...,,.. of lwglanal coopeillllon, which Council Mt b1h • • goal for 1994. Council approved limllar fleet maillll•a ••••• wltl Eliglewood Schools for 1993, 1994 and 1915. Staff Wies Council approval of• bll for an 111di•a aulhorizlng e. Mayor to lign an lnllrgcMmrne11ta1 Ag,Nment with Englewood Schooll for fleet 1118illll•a. BACKGROUND, ANALftll, ANDALTERNA1MI IIIBII#& The City of Englewood ha bNn ~ Eliglawood Sc:hooll wtliclla llnce Declmber, 1182. Tha agency continues to provide basic mailtal•a. IUCh • ol c:hangN and lube jOba, but brings men complex joba to Englewood'• Semcellllr. Eliglewood Sc:hooll ha bNn ..._ wll'I .. ..._ pnMdad ~ Eliglawood and ii inliN 1111 d in conllnulng our wortdng Nllllliolllfllp Ill ........ 11c1urtr ,_ of DI.GO per holl'. FINANCIAL .. ACT Tlwaughout 1993, 1994, and 1915, e. Servicalllll o.aga tom on .. n ta Ill ...... of~ Eliglewood Schooll' fleet V9hic:IN . This ha bNn acco,,...,.. wlllCu adding I C 81 Ill ... ..._. from El ... #OOd Schooll helps dafray ttle COit of providing INt maillll•a ..._ lo al El ... Dad 11 J I :t1••-E':9tiffaad 19111S revenua -15,000 .00 . UIT OF ATTACHIENTI . , .. I . . 0 , I - - • • ORDINANCE NO. _ SERIES OF 1996 • • • /7Jo.., I 11 BY AUTHORITY oomraL BILL NO. 1, AIIILLIOR ~ AN ORDINANCE APPROVING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE ENGLEWOOD PUBLIC SCHOOL'S WITH VEHICLE MAINTENANCE. WHEREAS, the City of Englewood bu been NrVic:in, the Eqlewood Public Scboola vebiclee llince December, 1992; and · WHEREAS, the City or Englewood and En,lewood Public Scboola deain the renewal of the agreement whereby Englewood providee En,lewood Public Scboola with vehicle maintenance ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sedigp 1. The intergovernmental agreement between Englewood Public Scboola and the City or Englewood, Colorado for vehicle maintenance, attacbed u "Emibit A·. ia hereby accepted and approved by the En,lewood City Council. The Mayor ia aut!Mnzed to execute and the City Clerk to attest and aeal the Aar-ent for and OD behalf •the City of En,lewood, Colorado. Introduced, read in full, and puaed CID fint readinJ OD the 15th day of April, 1996. Publiahed u a Bill fer an Ordinance OD the 18th day• April, 1996. 'lbomu J . Burna, Mayor ATTEST : Loucriahia A. Elli,, City Clerk I, Loucriahia A. Ellis, City Clerk of the City or En,lewood, Colorado, hereby certify that the above and foregoing i• a true copy of a Bill for an Ordinance, introduced, read in full, and puaed OD fint reading OD the 15th day of April, 1996. Loucriahia A. Ellia • 1- ,, - .. I. • 0 1 J2 x l - - • • • -' EXHIBIT A CONTBACT TBl8 AGBBBMENT, entered into thia __ day al 1996 by ud between the City al Eaclewoocl. wbNe ~ ia 3400 South Elati Street, Eq1nooei, Colando 80110 and The Englewood Public School'•, wt-addz.a ia 4101 South Blllmoct StrNt, Englewood, Colorado 80110. TIDIIIB OP OON'l'IIACl' NOW IWBDOBE, ff lBAGRUD by wl be&wem the City al.....,_ wl the Encl-ood Public Scbool'• that: 1 . The City of Eqwwood. Colorado aball padbrm the falJowiq ---= The City al Enpewood aball perform all ~ npein wl maiDtmance GD tbe ftbidea awned by the ........ Pabtic Scbool'a to the Eqlewood Public School'• aatiafactiaD, wl tbe .....,_ PabUc School'• aball pay to the City at Englewood far nm ....,.. the -altmJtJ-four DoUan ($34.00) per hour, iD additim to tbe coat to the City alBapwood of any parta or outaide ftlldor c:harpa phu Twenty ,-mt (20I,) bandJing fee . 2 . Tbe City at Eqlewood will proceed with tbe perfarm.aee al the _._. called for iD P....,npb No. 1 CID January 1, 1996, and the Cmtnd llball t.smiDate CID Decembar 31, 1996. 'ftne addttiauJ -(1) ,-r pariada may be -,.,ut.ed by tbe City ...... Ill' Ilia ........ 3 . S-e mainten•-al the Bapwood Pu& Scbool'a ffbiclaa aball be performed by the City alBllpwaod accaulimc lo a ....... be aade by the Englewood Public Scbool'• wl .... o,911 by the City al....._..• part althia acr-ent. and aball iDclude work nqaNlad by the .....,_ Pulllic Scbool'• or work identi&ld by £mclewood clarimc i-, 1 ctima al the 'fllbide. 4 . The City of Enp,wood aball Npair ay ffbiclaa al the ~ PabUc School'• dalivered to tbe City alBn,lewoad far tlla& ,-,,.. iD • aood, workmanlike mamaer. 5 . The City of Enp,wood wl the ........ Pllblic Scbool'• 8P'N not to: nfuae to hire, diacbup, promote, demote ar diacriaiDate ill ay matter al compeuatiCID; ~. W'YicN Ill' otbanriN, apm.at DY penon ~ qualifted aolely becaue al ram, cned, -. color, natiaaal oriciD or uceatry. 6 . Thia CGDtnct may not be modiflacl, lmmdecl • odlawiN ll1ta'ed UD1w mutually qreecl UpGD iD writimc by tbe partiaa. 7 . The City of En,lewood by wl duoup ita -,II,-wt ..-U aball be comidered far 1111 ~ altbe CCllltnct, to be illdapm-t ccmtncton and not employeN of tbe Englewood Public Scbool'a. 8 . The Engl~ Public Scbool'• by wl duoup ita _ .. ,_ wl ..-U aball be c:auidend far .n purpoN8 al the CGDtnct, to be td , ...,,. camradun and not emplCJY9M of the City al Bnclewood- -1- ...... ,,,_ • . .. I . • 0 1 a2xl l • . ) • ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ !"' ~ . (a rr:1 1 2 ~ ~! !! tlf!i1tl(lfJf ifJJ~ ~Iii ~Iii ; .. !. 1 ti ~1 11,r le,t~g 1,,ii ,~([ ,~ig l ! i s.i I 0.g I; i.t ·-. a, I · IS: ·11-a, I N I l fl lla.a. ll lJ !, .. ~.il::i· 1·· ·. r ·ri r il!i '! l[f 1J fff! JI lil11ilil111 ~If! l!ti 1~1t ~,l I ~ I f .. t J , 0 • I: 0 f' ~r1 1 r1l,:'t··1 f f1t r-t,' it1~ l t ~ g . i J f f , .. ,. f fr al· ~ fJ!5 j ff t! 11lf1Jl!f}( ~IJf !,~ · !if i1I 1 ff i ;!l''tJl!;ri IJ~l 1f! fl! tJf I J, ~ (f f,,lf!1; l ·1'J i•t i•f r If ' i I f lf t if i t • I · 1 r 1 I r~l ~ i f tl '• l l I • • 0 • I r , I I . . . ' .. . ~ . " I - - • • • <. IN wrnu:aa WIIBIIBOF, tbe putia banto baft aacut.ed thia Contnct tbe day and ,-r tint writt.m abcmi. A'ITB8T: Loucriabia A. Bllil, City Cln -3- ,, - . ' •. .. I . . 0 l -• - - • ORDINANCE NO . .1J SERIES OF 1996 • 0 - BY AUTHORITY t• COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AMENDING TITLE 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 WITH THE ADDfflON OF A NEW CHAPTER 13, ESTABLISlilNG LICENSE REQUIREMENTS FOR TEMPORARY EMPLOYMENT SERVICES IN THE CITY OF ENGLEWOOD. WHEREAS, the Enpewood Municipal Code d«-not CUJ"NDtly liceme or replate temporary employment aervicee; and WHEREAS, the Englewood City Council bu eet the goal of improving the buainess and residential quality of life in tbe City; and WHEREAS, the citizens of the City have eKpreUed concerns reprdiDg tbe impact of temporary employment aervices on tbe Englewood community; and WHEREAS, the Department of Safety Servic:ee bu establillbed that temporary employment aervic:ee, that operate a central location where day laborers -ble and are dispatched to work for a third party Wier, have created a neptive impact on neighborhoods through increued nuiaance activity or by attracting individuals that contribute to inc:reued nuisance activity; and WHEREAS, the City deairea to ezempt tboee buaineaw that are not creating a negative impact to tbe City; and WHEREAS, this Ordinance will Ntabliah a licen1e that registers and regulates temporary employment aervicea in the City; and WHEREAS, the identificaticm of temporary employment aervic:ee that operate a central location where day laborers auemble and are dispatched to work for a third party uaer will allow the City to foc:ua ita l"NOUl"CN to reaolve any problems cm c:unent and future sites; and WHEREAS, the City will conduct an oaaoinc review af enforcement, lnnaing and zoning iuues concerning temporary employment aervic:ee; and WHEREAS, the licenaing of temporary employment aervicea protecta the health, safety and welfare of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ec;t,iop 1. The City Council of tbe City of Englewood, Colorado hereby approvea amending Title 5, of the Englewood Municipal Code 1985, by adding a new Chapter 13, entitled Temporary Employment Servic:ee, pertaining to tbe regulation and licensing of persona and entities that provide temporary employment aervicea in tbe City of Englewood . Title 5, Chapter 13, ahall read u follows : .. .... -1- ..... "' - 10 bi I . • 0 I I lil - • • • • 0 I• • 5-13 : TEMPORARY EMPLOYMENT SERVICES: 5-13-1 : COMPLIANCE; UCENSE REQUIRED: IT JS UNLAWFUL FOR ANY PERSON OR ENTITY THAT OPERATES A CENTRAL LOCATION WHERE DAY LABORERS ASSEMBLE AND ARE DISPATCHED TO WORK FOR A THIRD PARTY USER WITHOUT FIRST HAVING OBTAINED AN ANNUALLY RENEWABLE AND NON-TRANSFERABLE TEMPORARY EMPLOYMENT SERVICE LICENSE ISSUED BY THE CITY. 5-13 -2: UCENSING APPUCATION; FEE: THE CITY OF ENGLEWOOD SHALL lS&JE A LICENSE ACCORDING TO THE REQUIREMENTS OF THIS ORDINANCE . ALL APPLICANTS FOR A TEMPORARY SERVICE LICENSE SHALL FILE AN APPLICATION FOR SUCH LICENSE WITH THE LICENSING OFFICER ON FORMS TO BE PROVIDED BY THE CITY OF ENGLEWOOD . THE APPLICATION FOR A LICENSE SHALL CONTAIN THE INFORMATION REQUIRED IN THIS ORDINANCE . EACH INDIVIDUAL APPLICANT , PARTNER OF A PARTNERSWP, OFFICER, DIRECTOR AND HOLDER OF TEN PERCENT OR MORE OF THE CORPORATE STOCK OF A CORPORATE APPLICANT SHALL BE NAMED IN EACH APPLICATION . EACH APPLICANT SHALL FURNISH AS AN ATTACHMENT TO AND PART OF SUCH APPLICATION , EVIDENCE THAT THE PROPOSED ESTABLISHMENT MEETS THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE . EACH CORPORATE APPLICANT SHALL FURNISH EVIDENCE THAT IT JS IN GOOD STANDING UNDER THE STATUTES OF THE STATE OF COLORADO, OR IN THE CASE OF A FOREIGN CORPORATION , EVIDENCE THAT IT JS CURRENTLY AUTHORIZED TO DO BUSINESS IN THE STATE OF COLORADO . THE LICENSE ISSUED UNDER THIS ORDINANCE SHALL BE APPLICABLE ONLY FOR THE LOCATION IDENTIFIED IN THE LICENSE APPLICATION, AND ONLY FOR THE OWNER/APPLICANT MAKING THE LICENSE APPLICATION . EACH APPLICANT SHALL PAY A NONREFUNDABLE APPLICATION FEE AT THE TIME OF FILING AN APPLICATION AND AT THE TIME AN AMENDMENT IS MADE TO THE APPLICATION . SUCH FEES SHALL BE DETERMINED BY THE CITY COUNCIL AND SET BY RESOLUTION . 5-13-3 : LICENSE FEE: THE CITY FINDS, DETERMINES AND DECLARES THAT CONSIDERING THE NATURE OF THE TEMPORARY EMPLOYMENT SERVICE BUSINESS AS WELL AS THE RELATIONSHIP OF SUCH BUSINESSES TO THE MUNICIPAL WELFARE , AND FURTHER THE RELATIONSHIP THERETO TO THE EXPENDITURES REQUIRED OF THE CITY AND ALL OTHER MATTERS PROPERLY TO BE CONSIDERED IN RELATION THERETO, THE CLASSIFICATION OF SUCH A BUSINESS AS A SEPARATE TYPE OF BUSINESS OR OCCUPATION REQUIRING A SEPARATE LICENSE FEE JS REASONABLE, PROPER, UNIFORM , NONDISCRIMINATORY AND NECESSARY FOR A JUST AND PROPER DISTRIBUTION OF COSTS FOR CITY SERVICES . THE CITY HEREBY LEVIES AND ASSESSES FOR EACH YEAR AN ANNUAL TEMPORARY EMPLOYMENT SERVICE LICENSE FEE. THE ANNUAL LICENSE FEE FOR TEMPORARY EMPLOYMENT SERVICE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . SUCH FEE SHALL BE PAYABLE PRIOR TO THE ISSUANCE OF THE LICENSE . ANY LICENSE ISSUED PURSUANT TO THIS ORDINANCE SHALL EXPIRE ON THE 31ST DAY OF DECEMBER OF EACH YEAR . SUCH LICENSE FEE SHALL BE PRORATED FOR THE ·• - -2- • ;- • I· • 0 - - • • , • ,,. -• 0 , • • • CALENDAR YEAR IN WHICH THE TEMPORARY EMPLOYMENT SERVICE LICENSE IS F1RST ISSUED. 5-13-4 : NON-TRANSFERABILITY <XI' UCENBE: ANY LICENSE ISSUED PURSUANT TO THIS ORDINANCE SHALL NOT BE TRANSFERABLE . ANY SUCH LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION . ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING A TEMPORARY EMPLOYMENT SERVICE LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE AS REQUIRED BY SECTION 5-13-6. 5-13-5 : LICENSE B.ENBWAL: ANNUAL RENEWAL REQUESTS MUST BE FILED WITH THE LICENSING OFFICER NO LATER THAN THE FIRST DAY OF DECEMBER OF EACH CALENDAR YEAR ON FORMS TO BE PROVIDED BY THE CITY OF ENGLEWOOD . 5-13-6: CHANGE OF OWNER, BIIABEIIOLDER, PARTNER on'ICER OR DIBBCTOR: IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER OR PARTNER OF A PARTNERSHIP, DISCLOSURE IN WRITING BY AN AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY EMPLOYMENT SERVICE LICENSE THEREOF SHALL BE MADE TO THE LICENSING OFFICER. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE, DIRECTLY OR BENEFICIALLY, IN THE OWNERSHIP OF ANY LICENSED TEMPORARY EMPLOYMENT SERVICE, WHICH IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1SSt (THE "ACT") OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15(D) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION , DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH THE SECURITIES AND EXCHANGE COMMISSION . SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY EMPLOYMENT SERVICES . THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF THE APPLICATION , WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . .. V -3 - I . • 0 -• • • Soc;tim 2. Sefd;y Cl•PH• The City Council, hereby fincla, determinea, and declares that tbia Ordinance ie promulgated under tbe general police power of tbe City of Englewood, that it ie promulpted for the bNltb, aaf'ety, and welfare of the public, and that tbia Ordinance ie n--,y for the an-rvatiOD of 1-lth and aafety and for the prot.ectiOD of public convenience and welfare. The City Council fmtber determinea that the Ordinance bean a ntiODal relatiOD to the proper legialatift object IOUlht t.o be obtained. Sec;tim 3. S.V11t1,hility If any claw, -tmce. parqraph, or part of dua Ordinance or tbe applicatiOD tbseaf' to any ...-or c:ireumatancea llball for any reuon be acijudpd by a couJt of ccnpetmt jmiadiction invalid, IIUCb juqment llball aat affect impair er invalidate the remainder of tbia Ordinance or itll application t.o other penona or c:ircumatancea . Soc;tim '-Jncmajateot OrdiPIPC:CI All odla-Ordinancea or pmtiona thereof inconaiatent er conftictin, with tbia Ordinance or any portion mreof' are hereby repealed t.o the utent of IIUCb iDconsiflellcy or coaflict. Soc;ticm 5. Effw:t of m11111J gr modific;atiop The repeal or modification of any provision of the Code of the City of En,lewood by tbia Ordinance aball aat release, extin,uiah, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which lha1l haft hem incurred under auch provision, and each provision llhall be treated and held u lltill remaininJ in force for the pmpcw of lluataining any and all proper ac:tiona, nita, prnc-'inp, and proaecutiom for the enfon:ement of the penalty, forfeiture, or liability, u well u for the purpme of auataining any judgment, decree, or order which can or may be rendered, entered, or made in auch actiOllB, nitll, proceedinp, or proaecutiom. Soc;tim 6. flAa,lty. The Penalty Provision ofE.M.C. SectiOD 1-4-1 llhall apply t.o each and every violation of dua Ordinance. Introduced, read in full , and puaed OD &rat reeding OD the lat day of April, 1996. Publiahed u a Bill for an Ordinance OD tbe 4th day of April, 1998. Read by title and puaed OD final readinc OD the 15th day of April, 1998. -4- . ' .. D I . • 0 , I - • • • •, • Publiabed by title u ~ No. _, Seriea al 1996, CID tbe 18th day al April, 1996. Tbomu J . Bama, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of'the City alEqlewood, Colarado, hereby certify that the above and f'onping ia a true copy al the Ordinance paued CID final reading and publiabed by title u Ordinance No. _, Series al 1996. -5- . . • .. I . . 0 , I - - • "' -• 0 • A 10 b 11 ORDINANCE NO .Ji. SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 5, CHAPTER 7, SEC'nONS 3, 11 AND 13; AS WELL AS TITLE 8, CHAPTER 1, SEC'nON 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985 AUTHORIZING THE ClllEF BUILDING OFFICIAL TO SUSPEND OR REVOKE CONTRACTOR LICENSES AND CERTIFICATES OF REGISTRATION UPON VIOLATION. WHEREAS, the Chief Building Official iii veat.ed with the authority to iuue licensee and renewal of licenses; and WHEREAS, this Ordinance will grant the Chief Building Official the authority to suspend or revoke such licen1e1; and WHEREAS, this Ordinance will provide an appeal proce1111 for the licemee or re,istrant which the present Englewood Municipal Code does not adclreu; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tion 1 . The City Council of the City of Englewood, Colorado hereby approves amending Title 5, Chapter 7, Section 3 of the Englewood Municipal Code to read u follows : 5-7-3: AUTHORITY: A. General. This Chapter provides for the licensing and registration of contractors as defined and stipulated herein . 8 . Licenses . The Division of Building and Safety iii veat.ed with the authority 1D establitih licensing procedures, 1D qualify applicants for liceDR9, 1D eatablitih and administer examinations for license applicants, to authorize the iuuance and renewal of lieen1e1 and to ree111111ae111i suspenDeiee or revoJCEeetiee el licenw. 'l1le Git, liiHau 9Meer ClllEF BUILDING OFFICIAL ill vested with the authority to iuue and 1D renew licenw punlWlllt to said authorization and to aUIJ)l!Dd or revoke SUCH Ii-. C. Registration of Electrical, Plumbing and Plumbm,lllechanical Contractora. The Division of Building and Safety iii vested with the authority to eatablitih registration procedures for electrical , plumbing and plumbing/mechanical c:ontracton and 1D qualify applicants for certificates of registration . The Chief Building Official iii veated with the authority to i11ue and to renew certificates of registration and to auapend or JTtoke certificatee of regiatration . D. Stop Work Order. Any authorized agent of the Diviaion of Building and Safety may iuue a stop work order to aoy contractor or workman when be/SHE finds it neceuary to enforce the provisions of this Chapter. Commencement of work, aft.er a ltllp work order bu been i11ued , shall not take place until all proper licenBe1 or certificates of regiatration have been iuued 1D the contractor or contractors involved . ' - I • • 0 • • • • • (. ,\ Ses;tion 2. The City Council of the City of Englewood, Colorado hereby approves amending Title 5, Chapter 7, Section 11 of the Englewood Municipal Code to read aa follows: 5-7-11 : LICENSE AND CERTIFICATE SUSPENSION OR REVOCATION : A. Definitions . 1. Suspension. Suapenaion shall mean that the authority 1D perform work authorized by any legally iasued City contractor lic:eme er certificate of regiatration is temporarily withdrawn for a period of time not to aceed m (6) montba. 2 . Revocation . Revocation shall mean that any leplly iuued City contnctor liceme or certificate of registration shall become null and void . The aft'eet.ed liceuee or registrant may not apply for a new licelUle or certificate aooner than one year &om the date of revocation. Revocation action may remain in efl'ec:t aa long aa any violaticm of this Code remains unabated . B . Authority. The Chief Building 1e.,eew OFFICIAL shall, upon receipt of a verified complaint in writing, or upon penonal obaervation of any violation of the proviaiom of this Chapter, require any liceuee er repatrant 1D appear Wore the loi11a11 9Meer CIUEF BUILDING OFFICIAL for a hearin,, upon~ FOURTEEN (14) days' notice in writin, to said liceruiee or registrant at hislHER last !mown poet office addlw. The loiuu 1 9Meer CHIEF BUILDING OFFICIAL shall have the power 1D auapend er revab any contractor license er certificate of regiatration, if the loi11me 9Meer CHIEF Bun.DING OFFICIAL shall find by a preponderance of evidence that the liC11118M er J'lllistrant baa : 1 . 2 . 3. 4 . 5 . 6 . 7 . 8 . 9 . Abandoned any contract without legal cause. Diverted funds or property received for performance of a apecific CODtnct and applied such fund for any other JIUlllON, or failed to me aucb funda for the performance aC aaid contract. Fraudulently departed &om or clisreprded appvved plans and/or specifications during the performance of any conatnac:tian activity. Willfully and/or deliberately diareprded any proviaion of the Englewood Municipal Code or any provision of any aecondary code adopted therein. Misrepresented a material fact in order to obtain a licmN, certificate or permit. Engaged in any willful, fraudulent act aa a CODtrador by which another is iltjured . Used his/HER license or certificate of rtJCiBtration to obtain permita for another. Carelessly or negligently failed 1D provide reasonable safety measures for the protection of workmen and the public. Failed or refused to obtain a permit for any work prior to starting a job. 2 ...... • . .. I • • 0 , - - • ,, -• 0 - ,, C. Faulty Constniction Corrected. When a licenae or certificate of registration is suapended, no new permits shall be iaaued 1D such licensee or registrant until any faulty conatruction has been corrected in accordance with the provisions of the Englewood Municipal Code. In the event that any faulty CODBtruction is not corrected within m (6) months of the BUBpension, the bieenae 8flieer CHIEF BUILDING OfflCIAL shall have the authority 1D revoke the license or certificate of registration in question. D . Emergency Suspension. The Chief Building laapeeur OfflCIAL may make an emergency suapension of any license or certificate of registration lhould the actiODB of the contractor involved pose an immediate, aerious and imminent threat to the health, afety and welfare of the residents of the City. Such emergency auapeuiOD shall not c:antiDue longer than~ SIXTY (60) daya without a hearing before the l.iuau 9flieer BOARD OF ADJUSTMENT AND APPEALS. Satim 3. The City Council of the City of Englewood, Colorado hereby a...-ameocling Title 5 , Chapter 7, Section 13 of the Englewood Municipal Code to read u follows : 5-7-13: PENALTIES: A . Any perBOD who shall violate any of the proviaiou oftbia Chapt.er or who shall violate or fail to comply with any order made thereunder, and &ca which no appeal baa been taka:l; or who shall fail 1D comply with suc:h an order u affirmed or modified by the LiHau 9ffieer BOARD OF ADJUSTMENT AND APPEALS, or by a court of CIOlllpet.ent juriadiction, within the time fixed therein, shall be CODBidered 1D have violated this Code and shall be subject 1D thoae penalties preacribed in Section 1-4-1 of the En,lewood Municipal Code. The imposition of one penalty for any violation shall not ncwie the violation nor permit it 1D continue, and all such perBODB shall be required 1D correct or remedy suc:h violation within a reasonable time . B . The suapension or revocation of any liceue or certificate of regiatration or other privileges conferred by the City shall not be reprded u a penalty for the purpmea of enforcement of this Code. Section 4 . The City Council of the City of Englewood, Colorado hereby approves amending Title 8, Chapter 1, Section 8 of the En,ae.ood Municipal Code to read u follows : 8-1-8 : APPEALS: Whenever the Chief Building Official BP • ••• shall diaapprove an application; -refuae ID grant a permit; DENY OR REVOKE A UCENSE OR CERTIFICATE OF REGISTRATION appliell Mr , ; -disapprove an application for a1tanate materiala or metbocla; -when it is claimed that the proviaiODB of the Englewood Buildinc and Safety Code do DCJt apply in the manner in which the Chief Building Official or an apnt determines, or wbm it is claimed dllt the true intent and meaning of the Code have been miaconatnaed or wroa,ly intap,eted by the Chief Building Official or an agent, any penon agrieved tbaeby may appeal &ca the deciaion of the Chief Building Official or an agent 1D the Englewood Board of .A.ijutment and Appeab within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the Chief Building Official or an a,ent and render a final and binding decision thereupon . In cons idering auch appeala, the Englewood Board of .A.ijustment and Appeala shall have the powera granted to the Chief Building Official . 3 ...... - • I • • • . ~ ·, • (. Introduced, read in full, and puaed OD finlt readinc OD the lit day of April, 1996. Published u a Bill for an OrdinaDce OD tbe 4th day of April, 1996. Bead by title and puaed Oil final reedinr CID tbe 15th day of April, 1996. Published by title u Ordinance No. _, Seriea of 1996, OD tbe 18th day of April, 1996. 'Dlaaau J. Buma, lla:,or ATTEST: Loucriabia A. Ellis, City Clerk I, Louc:riabia A. Ellill, City Ciak of tbe City of...__., Colorado. hereby cstify tbat tbe abclft and fonl'Omc ia a true copy of the Ordinance ...... CID fiDal rwliJII and pubtiwbed by title U OrdinaDc:e No. _, Seriea of 1996. • .. . . •, .. I· • 0 , I • ORDINANCE NO. u;; SERIES OF 1996 • • • <. BY AUTHORITY ,.. /I COUNCIL Bll.L NO. 22 INTRODUCED BY COUNCll. IIBIIBER HATHAWAY AN ORDINANCE APPROVING A IIEIIORANDUII OF AOBEEIIENT POR TCI GOVERNIIENT ACCESS CIIANNBL 8, BETWEEN THE CITY OF CIIEllRY BIUS VJLLAGB, THE CITY OF GllBENWOOD VPI-AGR, THE CITY OF SBEJPDAN AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, TCI Go••aaat ~ Cb...a 8 ii a ...... -c:bamel uaacl by the em. a1 Cheny em. Villaee, G-woiid v-.u.,e. SbsidaD and Eapwood; and WHEREAS, tbia v-111n1111aa at i.., • at w-die em. .... bth die lltandarda for die em.· -,afCbaaael 8; NOW, TBEREPORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS PO~: 10 b 111 Sectim 1. The intersw-tal .._._.._ at Alr-t with raped to TCI Government .AccNa Cbannel 8, att.acmd bento • "Emillit A,• ia bseby -.,t.ed and appnwed by die En,lewood City Coandl. 5ertim 2. 1be llaJUI' ia aatbariled to__. and die City Clldt to au.t and wl the Alr-t for and OD babaJf attbe City at ......... Colando. Introduced, reed in 6ill, and ....... OD tint readins OD die ht day at April. 1118. Pulililbed Ma Bill far -~ OD die «II UJ at April. 1111. Bead by tide and ..... OD &aal NMills OD die Ilda daJ at April. 1111 . .......... by title. o...a-No._. a.-atllll, • .. l.llll-,at April. 1916. ATTEST : Loucriahia A. Ellia, City Clark -1- ' . I. • 0 - • • • . , . • EXHIBIT A Memorandum of .Ap-eement City of Cherry Hills VilJa&e ("Cbeny Hills"); City of Englewood ("Englewood"); City of Greenwood VilJa&e ("Greenwood"); City of Sheridan ("Sheridan"). " TCI Govanment Accas Olaanel 8, a sbaRd aa:ca c:baaae) between the Cities. Unless ocbawise and mutually recopmd by all four cities. the folJowins is agreed upon: A Each City is entitled ro fifteen consecutive minutes per hour ro broadcast City or City sponsored information OD Channel 8. Specifically: 1. 2. 3. 4. Cherry Hills will broadcast on the hour for no longer than fifteen minutes, every hour. Englewood will broadcast al fifteen minutes after the hour for no longer than fifteen minula,·every hour. Greenwood will broadcast at 1biny minutes after the hour for no longer than fifteen minula, every hour. Sheridan will broadcast • forty-fi"Ve minutes after the hour for no longer than fifteen mimdes, every hour. B. Each City apees dw the final pap of iu broadcast will be a pap which iadicares the name of the City whose broadcast is immectiwly foUowms their broadcasL C. The Cities apee dw should broadcast WiaJ fall short of the fifllen milmla aUoaed dw information of a general Dablre may be broadcut, i.e. a pap inclic:atin1 the limes of each City's broadcast. the telephone number cable IUblcriben may UK in the event of questions or problems ~Jared ro their cable service, e1e. D. . Each City shall cause each screen ro haft an idealif}ins lop,, anpbic. or words identifyin1 dw City . E. Each community is authorized to use air time to broldclst videos on III llliped nipt of the week . They must provide information reprdina the pcopmed time of broadcast the content. and an opportunity for each City to preview the broadcast malerial before airinJ . ,- •. .. ., I . • 0 , -• • . • ' (. Paa,e I F . Subject matter of bulletimlvideo lllllaial: I. Items which are govemmem or ,ova1IIDeal lpOIIICnd subjec:ts . 2. Items which may include c:alcndars al upcominJ events, apndas, and ,ener..i information relaling to each rapec::ave City. 3. Information about lbe City, its cJec:red offic:ials, mtf, IDd COllllbiiuity membenllcaden. 4. Notice or CIIDplip meeanp. G. This memonndum ii subject to amendment upon mutual a,reemem or all cities, as repaemed below, or by their desipee(s): City of Englewood 11 - ~ .. I . . 0 r ,,_,, I - • ORDINANCE No./b_ SERIF.s OF 1996 •, • • • '· BY AUTHORITY ,\ COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL IIEIIBER HATHAWAY AN ORDINANCE APPROVING SUPPLEMENT NO. 128 TO THE SOUTHGATE SANITATION DISTBICf CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICf BOUNDAIUBS. WIIEBEAS, Soad!pte Samuticlll Di8trict .__... t.be iDdmioD al appraamut.elJ 81.88 --iDto t.be Di8trict; and WIIEBEAS, uid iDchuum ia locat.ecl appnmmat.ely at LiDcalD and County Line Road iD Doaclu Coaaty and t.be IIIDiDg al tbia property is BB/DIX> (&ltat.e Beaiclential/Deaip EDbancemmt OYerlay); and WIIEBEAS, t.be lite ia cunmtly mldeonllaped ad t.be propaNd me altbis property ia for 151 lliqle-family dw.W., Iota; and WHEREAS, aid -etiOD al tbia additiODal parcel al lad will DOt iDc:rw t.be tap allocation to t.be Southpt.e SuaitatiOD Dila'ict; and WIIEBEAS, t.be En,lewood Wat. and S-.. Board...,......., apprcwal al Suppl-i No . 128 tot.be Soud,pte Samtetioa Diltrict at t.be March 12, 1111 ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: Sertieo 2. Tbe Ma,ar ad City Ciak are banby ....... to lip wl attNt. l"Np8Ctively, t.be Aid Alr-t far ad OD blbalf alt.be City Council and t.be City al En,i-ood, Colondo . Introduced, reed in full, and puNd OD tint nadiDr Oil t.be ht day al April, 1996. -1- -------~------.---~----- . ' 10 b 1v .. I. . 0 , • • • ~. Published u a Bill for an Ontinance CID the 4th day al April, 1996. Read by title and paaed CID final readm, CID the 15th day of April, 1996. Published by title u Ontinance No. _. SeriN al 1996, CID the 18th day al April, 1996. 'l'IMDaa .J. 8mm, llayor ATTEST : Louc:riabia A. EDia, City Clerk I, Loucriabia A. EDia, City Clerk al tbe City al Enpwood, Colorado, hereby certify that the above and far..-, ill a WIie cap)' al tbe OrcliDaDce puNd CID final readinc and pub1iabed by title a1 OrcliDaDce No. _. Seriea al 1996. -2- ]-..............", . ' .. I . . 0 1 32xl - - • • • • • .. EXHIBIT A --~ 90. !aL_ ,0 eic--• n --aa·. aw ~-·• •• t ~ &llat e11e diatric:t ay aot a1az,a iu NrriN UN Id~ CM W'it~ -of CM Cityi -. WWW. ill rmaiderauaa of CM w1 CIOW'ellUU 111111 IIDllertalWlp Mn1D Nt fortll, CM putiN 81198 U foll-= 1. '1'lle City Mreby ooaaat• to CM illclui-of . certain additioaal -located ill Douglu Caaacy, CDlondD. -d 1:1y m mn a. cmoe1DO. &ct£as ., ._ acau ._.. e1 r.-. c-1ad-•. 111111 v.• • ._ ca,,aauaa ad mn hlly ducribed on J1bUaU I atuc:Md bento ad iwporat .. beraill by nference, into Soutl1pt1 lam.UtiGII Diatric:t. 'Ille City ap.- that Aid additi-1 area •Y lie Nn9d witla CM ..._ bcilitiaa of the Z>iatric:t, 8114 tllat CM City w111· traat CM -.. diac:barpd into tlle city'• U1lllk U.. fraa Mid additi-1 -· all iD acccmluc:e with tlle CDalleftor• • Ap'1 t dated a.. at 1r 1', 1'11. Accordillgly. aadl.illit A nfernd co ill Juatnpla 1 of the C:-.c:tor'• Air• t dat .. a.. Illar 1'. UII. 1a Mnby -lld•d to illcluda 8Uc:II additi-1 ana. 2. Sada ad ft9l'Y OCber prgria1-of CM Mid Cr:laDec:tor• • Ap'I u: .. t .. IID• :t Ir 11, 1911, allall swill uracbenpd. dii dBi (&Al.) deilff lHALl 9111\IJHI N . I \It'"' I CZ'ft - rmn U11ZT1oTZa mmzc:r. uu ...... -.., = uu. mr•mo ly:~ !Ill . 6' - . ' • . , .. I· • 0 I I - - • • • Legal Deseription A PARCa OF LANO LOCATED IN THE SOUTH ONE-HALF (S'h) OF SECTION 16, TOYMSHP 6 SOUTH. RANGE ff7 WEST OF THE 5TH PRINCIPAL. MERIDIAN, COUNTY OF DOUGLAS, STATE OF COLORADO, MORE PARTICULAALY DESCRIBED AS FOUOWS : THE TRUE POINT OF BEGINNING BENa THE SOUTHWEST CORNER OF SAID SECTION 11; THENCE N00"04'22"E AL.ONG THE WEST l.lllE OF THE SOUTHWEST ONE.QUARTER OF THE SOUTHWEST ONE-OUART9' (SW'h SW'/.) OF SAID SECTION 11, A DISTANCE OF 1323..51 FEET TO THE S1/16 CORNER OF SAID SECTION 11; THENCE NOD"a3'12"E AL.ONG THE WEST LIE OF THE NORTHWEST ONE-OUARTER OF THE SOUTHWEST ONE.QUARTER (NW'.4 SW'.4) OF SAID SECTION 11, A DISTANCE OF 1323.30 FEET TO THE 'W'/, CORNER OF SAID SECTION 1 I; THENCE Slr08'56"E ALONG THE NORTH ~E OF THE SOUTHWEST ONE-OUARTEFI (SW'.4) OF SAID SECTION 11, A DISTANCE OF 2634.98 FEET TO THE C'h CORNER OF SAID SECTK»il 1 I; THENCE Slr08'3rE ALONG THE NORTH LINE OF THE SOUTHEAST ONE-OUARTEFI (SE'/,) OF SAID SECTION 16, A DISTANCE OF 112.93 FEET; THENCE S00"51'23'W, A DISTANCE OF 628.75 FEET; THENCE NW13'36'W, A DISTANCE OF310.512 FEET: THENCE N49"31 "13"W, A DISTANCE OF331.50 FEi:T; THENCE S&rS0'27"\N, A DISTANCE OF 383.74 FEET; THENCE S35905'45"W, A DISTANCE OF 399.83 FEET; THENCE SW19'15"W, A DISTANCE OF 54fJ.45 FEET: THENCE S1r48'0:rW, A DISTANCE OF 329 .15 FEET; THENCE S00"53'20"E, A DISTANCE OF 8N.U FEET; THENCE S40"07'14"E. A DISTANCE OF 346.84 FEET; THENCE S00'01'13"E. A DISTANCE 3118.14 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST ONE-OUAATER (SW'.4) OF SAID SECTION 11; THENCE $89"58'47"\N ALONG THE SOUTH LINE OF THE SOUTHWEST ONE.QUAATEA (SW'/,) OF SAID SECTION 16, A DISTANCE OF 1187.53 FEET TO THE TRUE POINT OF BEGIINNG. CONTAINING 87.89 ACRES OF LANO MORE OR LESS. AU. BEARINGS REFERRED TO HEREIN ARE BASED ON THE ASSUMPTION THAT THE WEST LIE OF THE SOUTI-NJEST ONE.QUARTER OF THE SOUTHWEST ONE.QUARTER (SW'.4 SW'/.) OF SAID SECTION 16 BEARS N00"04'22"E THE SOUTHWEST COFIER OF SAID SECTION 11 BENG A 3%• ALUMINUM CAP STAMPED "ARCHER & ASSOC. LS 11135" ANO THE S1/11 COANEFI OF SAID SECTION 16 BEING A 1'h" ALUMINUM CAP STAMPEOU 11•.• PREPARED BY : THE LUND PARTNERSHJP, WC. 12285 WEST BAYAUO AVENUE, SUITE 130 LAKEWOOD.CO 80228 303-989-1461 DA TE: AUGUST 11, 1995 0 I . . 0 1 32xl - -- • ·•-er ··-...... II. ··-· ·-er ··-"' ....... • • • ,, . • . ( .. ~ .. I . • 0 ) . , ':l') v I - - • • • 0 • ••or,o• u r•• .,,,, 17.19 ACRES: .,,.,, ••or,o• u rH a11r, -- ···" ••cr,o• 11 r•• .,,,, LN tll 'ftll .. 1/4 ........ 8 111:1111 II. .. ..,. na.e J 1/4" loLIIIL Cl# IWoftD ........ @ GRAPHIC SCALE ~ -(lltaf) ....... .... W. Mt&III ag llllffl I ~CIIIJllt,IO ... -__ , .. , ..... •. .... I • • 0 rn! , 2xl • " - 0 - • • I • • 0 Ir, • f -• • • // {j_. /. 8SIOLUTION NO . ...!:::l....b - SB1118 OP 1111 A BBIOLtmON DTABLISBING PD8 POil TBIIPOBAllY BllPLOYIIBNT wm LICBNSBD WlTBllf TBB crrr OP DIGLBWOOD, OOLOUDO. WHEREAS, the City finda, det.ermines and cleclares that conaiderinc the nature of the temporary employment services and the relatiomhip of such a buaineu to the municipal welfare, the relationahip thereto to the upenditures required af the City and all other matt.en properly to be considered in relation thereto, the claaification af such buaineu u a separate type af buaineu or occupation requiriq aepuat,e fees ill rea.mable, proper, uniform, aondiac:riminatory, and nec:euary for a juat and proper distribution of coats for City aerncee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtigp 1. A nonrefundable applic:ation fee in the amount of one bunclrecl dollan ($100.00) is eatabliabecl for eacb appliamt applyinc for a Temporary EmploJment Serricee License to operate within the City al Eqlewuod. All temporary employment lel'Vice busin-operating in the City al~ Colondo at the time that this Reeolution ill adopted shall not be required to pay the initial application fee. Sectigp. 2 . A nonrefundable fee in the a-.at af twmty-five dollan ($25.00) for filing an amendment to the application ill t.reby .._.Niebed. Sgtigp 3 . An annual liceme fee for temporary employment service busineues autbarizecl to do buaineu within the City al Eapwoocl. Colorado, of fifty dollan ($50.00) ill hereby eatabliabed. All temporary employaent and day labor apnc:i• operating in the City al Enpewoocl, Colorado at the time that dlia Reealutian ia adopted aball be required to obtain a licenae and pay the initial application fee within thirty (30) daya from the elate this Resolution becomes effective. AMENDED, ADOPl'ED AND APPROVED dlia 15th day al April, 1986 . ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk for the City al Bnpwood, Colorado, baeby certify the above ill a true copy of Reeolution No . _. Seriee al 1996. ,. _ • . .. I. • 0 , - • • • • . . MEMORANDUM TO: FROM: DATE: Mayor Bums and Members of the City Council Doug~ City Manager ~ Aprilll,1996 ~ \ SUBJECT: Cinderella City Redevelopment 13 a We 'vc rec:eivcd several questions as to the diJcdioa of die Cinderella City redevelopment project. I propose that we bold a study session next Monday night, April 22 to discuss this issue . At die study session, Bob Simpson and bis 5lafl will lay out for City Council a proposed planning process up through, and including, Planned Unit Development (PUD) approval. Thanks ... cc: Bob Simpson ,,,_ . , .. I . • 0 , ~,,VI -• • • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 15, 1996 7:30 P.M. 1. Call to order. 'J:3 ff 2. 3. 4. Invocation. {.)_) ;J~ Pledge of Allegiance. £[.L/1/Y1,,Q RollCall. ~~ 5. Minute~. __/J..::-</ I '?, 6 '7"r 7) ....__ / 1 a. Minutes from the~I City Council Meeting of April 1, 1996. p~ 1 /r, b. Minutes from ar ity ~ncil Meeting of April 8, 1996. J)::;d_~C~~) s~ '7 -0~. · Scheduled Visitors . (Please limit your presentation to ten minutes.) - 1 · 4'Xv~·~'kr~flt'29s: J/6,_ss.aJ~- a. Communications, Proclamations, and Appoinb,wnts. a. Proclamation declaring the week of April 21-27, 1998 a Clime Vlcllnw' Rights WNk. ~ me_{)~ .,f.,t.e.tLA~~ 9. Public Hearing. (None scheduled) ...__.. N,.. ..... ....._ ...... adllry ............. Mllfy .. CIIJell e' L ••~11 ............. ..__ .................... 11111111,-. ..... .. I . • 0 '32xl - City Council Agenda April 15, 1996 Pap2 ,. • 0 • 10. k~ ,i3 Consent Agenda. / 0 °'- ~~-*uJ ci1 a. Approve on First Reading. i. ii. Recommendation from the Department of Public Works to adopt a resolution authorizing negotiation and award of a contract for 1996 Micro-surfacing. STAFF SOURCE: Charla Esterly, Director of Public Wons. Recommendation from the Department of Public Works to adopt • bll for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for fleet maintenance . STAFF SOURCE: Charles &terty, Director of Pubic Wons. iii. Recommendation from the Department of Public Works to adopt a bll for • Jf an ordinance approving an Intergovernmental Agreement with Englewood "' - CJ) Schools for fleet maintenance. STAFF SOURCE: Charles Esterly, Director lo.fA.,, of Pubic Wons. . -· .,,/ b · ,A r.dYI,, ..-o -1~ ; R~ ~ ' rJ.,e__ :;J.,r ,, ~· ~ __ Approve on Second Reading. ~i ~ 1 ;g ' oJ,,{ n j 13 ":>f:9 Council• No.&, establishing licensing requirements for temporary o,.B · employment agencies in the City of Englewood. • ii. Council • No. zo, amending the appeal process for Building Licenses. o.J·' ;f O ;J t 1G iii. 11. iv. Council• No. 22, approving an Intergovernmental Agreement between the cities of Englewood, Cherry Hills Village, Greenwood Village, and Sheridan for the use of TCl's Government Access Channel 8. Council Bil No. 23, approving Southgate Supplement No. 128. Ordinances, Resolutions, and Motion_•· ~ a. Approve on First Reading. /2. di- b. i. Recommendation from the Department of Financial Services to adopt a raolution establishing licensing fees for temporary employment agencies in the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Flnanc:ial Servicn. Approve on Second Reading . l'lwe llOlel ff you haw a cllaltllty and nwl ~ ... ---. ..... llllllfy .. Clly fll E -'•••• C7~2S71t 111 ................ ..__ .................. n..liyou. ' •. I . • 0 '32xl - - ~City Council Agenm April 1S, 1996 Pqe3 12. General Discussion . a. b. 13. City Manager's Report. • • ·, • <. a. Cinderella City Redevelopment Report. 14. City Attorney's Report. Adjournment. +{ ~ ~. The following minutes were transmitted to Council from 03/29/96 • 04/11/96: • Englewood Parks and Recreation Commission meeting of March 14, 1996. ..._ __ H,-..,. • ......,_. .... ...., .......... _......, .. CllyelE-1 aal(7U,2171t• ........... .._. ........................ ,... 'I • .. I . . 0 , "l'> V I . .. , . /i -I (1!ur7 6-rl. • . .... 0 0 • . . \ . ,. - I • ... . . --t • 0 • ] 0 - ... • • • 0 • • •• ' • ' . - 0 I• • ' . ' • I • • 0 ' , • . -• ' f 32X - - 1 . Call to order. 2. Invocation. • • • ~. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 15, 1996 7:30P.M. 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. a. Minutes from the Regular City Council Meeting of April 1, 1196. 6. Scheduled Visitors. (Ptene limit yOUI presentation to ten fflklutN.) 7. Non-Scheduled Visitors. (Pie ... limit your presentation to five fflinUtN.I 8. Communications, Proclamations, end AppoiutmefflS. a. Proclamation declaring the week of April 21-27, 1998 • CIIIM ~· llghla Week. 9. Public Hearing. (None scheduledl ..._ .... N,-._. • .....__...,....., ............. ....., .. o,.,•d aete70DM• ............ .a-ice ...................... .... . , • . • I. • 0 - • City Council Apnm April 15, 1996 ,-.2 . ' • ,,,_ • I • • 10. Consent Agenda. a. Approve on First Reading. i. Recommendation from the Department of Public Works to adopt 11 resolution authorizing negotiation end award of II contract for 1996 Micro-surfacing. STAFF SOURCE: Charin Esterly, Director of Public Works. ii. Recommendation from the Department of Public Works to adopt II bill for an ordinance approving en Intergovernmental Agreement with the City of Sheridan for fleet maintenance. STAFF SOURCE: Clwles Eswly, Dnctar of Pulllc Works. iii. Recommendation from the Department of Public Works to adopt II bill for en ordinance approving en Intergovernmental Agreement with Englewood Schools for fleet maintenance. STAFF SOURCE: Clwles Eswly, Director of Public Works. b. Approve on Second Reeding. i. Council Bill No. 5, establishing licensing requirements for temporary employment agencies in the City of Englewood. ii. Council Bill No. 20, emending the eppul proceu for Building Licenses. iii. Council Bill No. 22. approving en I~ Agreement between the cities of Englewood, Cherry Hills Village, GrNnwood Village, end Sheridan for the use of TCl's Government Ac:cfls Channel 8. iv. Council Bill No. 23, approving Southgate Supplement No. 128. 11 . Ordinances, Resolutions, end Motions. 11. Approve on First Reeding. i. Recommendation from the Department of Financial Services to adopt 11 resolution establishing licensing fNS for temporary employment agencies in the City of Englewood. STAFF IOUIICE: Fm Gl"'9wicz, Dnctar of Flnenclel leRicN. b. Approve on Second Reeding. ........... If,.. haw.~-.... ~ ......... ..._....., .. Clly., .......... . -~D71tll ............................................. ,... . ' • . .. I • • 0 I - I I I - - City Council Agenda April 15, 1996 ,.3 12. General Discussion. a. Mayor's Choice. <. b. Council Members' Choice. 13. City Manager's Report. • • • a. Cinderella City Redevelopment Report. 14. City Attorney's Report. Adjournment. ... The following minutes were transmitted to Council from 03/29/96 -04/11 /96: • Englewood Parks and Recreation Commission meeting of March 14, 1996. .......... " .......• ...aey .......................... ...., .. Oly ... ... ...ou-unt .. ..... ....... lliallwaceef .................. n..11,-. . ' • . ' .. I. • 0 , ~}> ),f I - • '6 Ellstew-1 City Cmmdl April 15, 1996 Pqe9 ' • 0 t• • agrcancnt is signed. S he sa id !hose arc the funds that were originally going to be used to hire the one planner. Council Member Wa ggone r said he docs not plan on holding the cladopmcnl agrccmcnl in abeyance, but would like to go ahead wilh ii as soo n as ii is ready for signature . Cily Manager Clark advi sed 1ha1 the intent wa to proa,ed with retaining the planner as IOOII as pmible and then, under the term s o r 1he agreement. the dcvdoper-going to be providing IIIIIIC funding. which -will use 10 help o!Tsc t 1h e S 150 .000. The ral aCit. be said, CID either a,mc out of"the NBD budFf. or -migbl have to use so me oft he fund balance II the end ar the fiscal year. Council Member Wa ggone r said it may become more dear wbea-IDC the scope aCWOI\. Mayor Bums said he would 1101 mind doing this, ii might be vallllble, but he feels wc need to identify wbll the funds arc and mak e s ure we don 'I ~ any confusion about the site specific 'WeflUS the off site, as far as proceeding throu g h 1h e C i1 y·s new PUD ordinance is concemed . Council Member llatha"'"' said 1hat she wants lo be sure the public is inwlwd all the way through the procea because she docs 11 01 "ant 10 sec a planner silting in ID office IOllleWberc with bis own idea, or bis OMI personal project. Mayor Bums agreed that !h e lhin g you do not wanl IO do is ba\'C the planner lead. He aaerted that ii is 'WCI)' important to have a ma rk et study at the same time lhll wc do this to IICICl1ain the viabilily aCthe projec:l. He said the pre vi ous s1udy should be upgraded to IDC whal the retail envinmmcnl is now for this site. Council Member Wa ggone r a gain asscned, and Mayor Bums agreed. that lhc public must be a pan of"lhis procell. Council Member Wa ggone r recalled that NBD Manager SimplOII bad said that. ifwc go IO the extent wc are talking about right no". th e $k0 ,000 will not be enough . He opined that ifwc authorize them to proa,ed at a level ad eqna tc 10 do !h e job. we will be all right . Cily Manager Clark res1:11 ed live points lhal he undentands is the illlall here. Basically, be said we would have one planne r" ho \\Onld do live things. He would bandlc the pae-Pluacd Unit~ proce11, handle the Pl :11111 ed nit Development. handle vic:iaily land Ille planlling. retail a.rbl Ullysis wbere needed , and coord111:11 e \\ilh any other planners. be it the clewloper, EDDA, or any OIiier iJMlhed ~-He asked for ,cnr,ca 11 011 that this is what Council inleads . Council Member I lahc111d11 s:nd 1h c public input procea mould be iacluded. Council Member Hadlaway J ~ the term ··coo rd, n:11 c I he public inpul pnx:aa". Mayor Bums offered "f'acililllC the public input Council Member Wa ggone r a sked Mr. Clark if he means by ~land planning" IO include tnfflc paltCnll. bus routes, park and ndc. and !he whole works, lying lopdler the ftdurc clewlopmeat with downlown . Cily Manager Clark responded affinnativcly. ~'Jt I Din ~~ ~90 -1,i~, • ..... "' - • . .. I • • 0 • -• • • ,,,_ • 0 MAY 6, 1996 REGULAR CITY COUNCIL MEETING (PUBLIC HEARING PUD) •