The URL can be used to link to this page

Home My WebLink About1995-06-05 (Regular) Meeting Agenda• • • .. • .. .. • 0 Jur.e 5, 1995 ORDINANCE t yf, ¥8, ,)'i, ~, ~, ~, '2/{1 J<( RESOLUTION t_,A'l, 42, 43, 44, 45, 46, 47, 48, 49 I. • 0 r --• • • . " • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 5, 1995 7:30 P.M. 1. Call to order. 'Jr~ r1 2. Invocation. /)._) 1?~ 3. Pledge of Allegiance. tt,Uvlf:,,(J 4 . Roll Call . Minutes. ,. - a. M;nutes t,om the ...... , C;ty Counc;I -of May 15, 1995. ~ Scheduled Visitors. (Please limit your presentation to ten minutes.)/ 6. 7. 8. 9 . Non-Scheduled Visitors. (Please limit y,u~a.40~~~1<..t.-q Communications, Proclamations, and Appointments/ Public Hearing. (None Scheduled) p Consent Agenda. a. Approve on First Reading . /('~ i. Recommendation from the Utilities o/partrnent to adopt a bill for an ordinance approving a Wastewater Transminion Agreement between /\~ ti "d South Arapahoe Sanitation District, Southgate Sanitation District, c.,.µ _,, {) Arapahoe County, the City of Englewood, and Waste Management of Colorado, Inc. STAFF SOURCE: Stewart Fonda, Director of UtlhlH. Plwe note: If ,a11 hne • dlNbllity wl Med amllary .W. •---. ... llllllfy .. Clly of 11 ....... (70-2J71t al ie.t 41hounin.tvaceof.e-_... .. ....._ ..... ,... -......---r--na· I ! I:, • ...... ·- .. I • • 0 1 J2xl City Councl Agenda ..... ,.,., ..... 2 • ,,,_ • • ct/:? ii. Recommendation from the Department of Public Works to adopt a bill for en ordinance approving en Intergovernmental Agreement with the City of Thornton for rotomilling services in exchange for goods provided by Thornton. STAFF SOURCE: a.tea Esterly, Director of Public Works. iii. Recommendation from the Department of Administrative Services to adopt a bill for en ordinance extending the current Cable Television System Permit on a month-to-month basis. STAFF SOURCE: Perry Movick, Manager of Information SeMca. iv. Recommendation from the Department of Administrative Services to approve, by motion, a contract for office supplies. Steff recommends awarding the bid to Boise Cascade. STAFF SOURCE: Tom K•..._llk, Manager of Adlmli&batiw ()petations. v . Recommendation from the Department of Administrative Services to adopt a resolution approving the Collective Bargaining Contract for the Englewood Employees Anocietion for 1996 end 1996. STAFF SOURCE: Randie larthlome, Director of Admtnlstretiw SeMces. vi. Recommendation from the Department of Safety Services to adopt a bill for en ordinance allowing for the appointment of Fire Division administrative positions outside the classified service of the career service system. STAFF SOURCE: Allan Stanley, Dnctor of w.ty Services, Kieth Loclcwood, Di¥lslon Chief. Approve on Second Reading. J/~ i. Council Bill No. 13, emending sectio/. of the Englewood Municipal Code relating to the Firefighters Pension Fund. od.n ii. Council Bill No. 18, approving the formation of Concrete Replacement District 1995. Q.J. If ()µ/JD QMR,# O.Ji.rl.»- {)d. ,J3 iii. iv . v . vi. vii. Council Bill No. 19, extending the lease of Pro::Putt Systems' clubhouse building, which is located et the Englewood Golf Course. Council Bill No. 20, changing the processing charge for returned checks. Council Bill No. 21, clarifying language in the Englewood Municipal Code relative to Tex on Storage, Consumption, end Use . Council Bill No. 22, extending the Umited Waiver of the Waste Transfer Surcharge. Council Bill No . 23, extending the rebate of Sales end Use Tex on purchases of machinery end machine tools. Plwe "*= If you haw a lllllllllly wl ..... ...., ... _..,,.._....,, .. City el llllluNII (7'2-2J7e) II ..... 41 houn .. _._ ............. _.._ n..ai,-. • ..... . ' • . r .. I . • 0 , I • 0 :. - ', City Council Agenda June 5, 1995 • Page 3 1,. viii . Council Bill No . 24, approving changes to the Englewood Municipal Code regarding sales tax payment and reporting . Ordinances, Resolutions , and Motions. a. Approve on First Reading . b . Approve on Second Reading . 12 . General Discussion. 1/i. _ ~ 7t ~ ~~ a May0<'• Cho;ce ~ &::3,-/IJ::.TE-171,b ~ b. Council Members' Choice . '1J ...a.. " //~ -./Yn~ /$~,/:JO ODD ./1fl.. • -cur cP..-o . ~ 's..d-, ~ City Manager's rt. l1u.u,-~+ ~/. ~tdr~a/ --7 ' fl T" /.AR..t,{)b'>/e::J 0 a. Redevelopment Report on Cinderella ity. .,, d ~ 13. b . Announcement of the appointment of Susan (Suzie) Grace as Assistant to 7 the City Manager. ~ 11_ City Attorney's Report . /(f' • v.µJ a. Recommendation to go into Executive Session immediately following the ·.J110. regular City Council meeting to discuss outside litigation. 1 - 14. Adjournment . 1J ,) <if p -rV ) The following m inutes were transmitted to Council from 05/12/95-06/01 /95 : • Eng lewood Planning and Zoning Commission meeting of May 2, 1995 . • Englewood Housing Authority meeting of March 29, 1995. • Englewood Public Library Board meeting of April 11 • 1995. • Englewood Non-Emergency Pension Board meeting of April 11, 1995. • Englewood Firefighters Pension Board meeting of January 10, 1995 • Englewood Police Pension Board meeting of January 12, 1995. • Englewood Joint Retirement Board Special Meeting of February 6, 1995. • Englewood Joint Retirement Board Special Meeting of March 1, 1995 . • Englewood Police Pension Board Special Meeting of March 1, 1995. • Englewood Joint Retirement Board meeting of April 4, 1995. • Englewood Board of Adjustment and Appeals meeting of April 19, 1995. • Englewood Board of Adjustment and Appeals meeting of April 26, 1995 . • Eng lewood Board of Adjustment and Appeals meeting of May 10. 1995 . • Englewood Liquor Licensing Authority meeting of May 3, 1995. Plew note: If you ti.we a diubllity and need amiliary a1tk •---. plwe nadfy Ille City of &llluood (762-2!701 al lent 48 houn in AdvMCe of wt.._..._......_ ..._. .-. • I . • 0 \ ! I f '!' ' • • • • ·, • DGUWOOD CITY COUNCIL 1.NGUWOOD, AltAPAIIOE COUNTY, COLOMDO The regular aeding o(dle ~ City Couacil ns called to onler by Mayor .... • 7:lO p .m. 2. The ilMICIUClll ns pa by c-il Malills Wigias. 3. f'WFIIA .. Mff 'The Pledge o( Allegilnce ns led by Mayor a... 4. 111111 Call Praenl: Couacil Mlllllerl ltldllnway, Wlldmla. Wigilll. v.....,, w...,... ..... Ablalt: c-il Malllls lllbcaidll A quorum -praeot. Mayor Bur111 lllled that Coullc:il Member llllaic:lll ii--.• RTD MIil .._ ad will jaill die meeting later. Also placlll: City M-,er Clark Cily AIIOl'lley Bnllz-. City Clalt Ellil ....... Adlllillillmlr Slia Dinx:tor Bid, ....... Savm ~.......-Kalla Dinx:tor Glyalnicz. Fiaa:ill Savm 5. Miatel (1) COUNCU. IIDl8D WIGGINS IIOVED, AND IT WAS SECONDU, TO Al'PROVE THE MINU'RS OI' TD UGUIAR IID11NG OI' 111A Y I, 1"5. 6. Ayes : C-=il Mlllllerl ltldllnway, Voraiala, Wigial. w....-. w ........... Nays : ,._ Ableal: Couacil Mallllcr lllbcaidll Sclmhld Villlen (1) Jdl'Hcipll. 3570 ScMli Donilll ....._a...._ o(dle Elllwood Jaiar Cllalllllr oC Commcn:c. IIMNd Coullc:il oC die mvica die orpeiwloe ODllld aa. die City flf EJ9lmoad. He relaed thal Ille orpnintioa 1l'OUld like to llllp ia MIi aw•._ plillilla. die .... 4111* ad 111op1 .. ..,.. propa1111. Remllion C... adMliel ad..,.._ dley ca Ill oC .-ice. • ...... "' -. • . .. I . • 0 '32xl • f ~ 1 i., if l a· ~ t j f f! if f I ~ j ' I ft r f f ~ 8 I =--' r f l f " •. r J I· l l f. r 1a. e. 8 I a. § f r l · · 9 ;· 1 1· I i 1 .. ~ 1 I t R, i I~ I R, ! e: .. l a K. f.; r li' -~ i!:: ~ ~ e i . I' -l I · I ! il?.iti l i ~11 f.:ca. l ;1 -1:i 1i j! i!J r•~ ftilil ~f~ t1;1!ftf[i ff t!I 1, 11r 1! i r[ 1 f 1 · t( Hi~d lli t Jlif4 $ !I ;! i I tr fr! 111r; 11 111'1 lit r1:r1:.1 [ffE[~! ! 11 I 1 I,. 1 tt~f ,~~ 11• ,1 1 , 1 , , r I ft! ii · ~!f~J li1 ~ 1!1t·f ; rr ~ 1 ! 1'' i . 1: 'I H r J t} • (I! f} '1 t I I J I I I a. t '19 . ,i 1,.11 ,a !flr !JI t 9 i' I If r r !1 tit ~f !u f fri1'. ~ i 1 ;I I . If, • i , I' a· t; I!: i. a. . , l I 1: a : I ; I ~ . i· I· J [ i 11 11 l .. :t11· , . 1-= i ~ . l ! I I f '1'• l~r '11 .• a i ~· • 1 .:[ ,J r 1 lili ~-,, I·•• ,f' · • f I f t a-1 11 ri l . t t f ~ a. ~ A a.~ • ' f . P ..... • ..,. • ~ . ) ) 0 • r I . . ' ~ ' • . '- . • • - '· £a&lewNd City c-11 May 15, lffl Paarl Sile lipling. lie aid, will lie ia a,mplilDCC widl ZaaiJla Onlirm ......... 'l1leR ii I ~ lieipl af twally..fM feet for die lipls. 'Ille applicat ... to illc:rmK liplillc for'*>' ........ calling ooacem dill the lisb&iaa will apll • oa1o ._...,_ Mr. SCicc lllid dlll dlil will lie......._ Couacil Mcmber w..-, poialed • dllt the aca11 poiat oa Blmdway will me., aep1ne aapact OIi traffic:, according to I IIICIIIOl'IIIII fnllll Dou& Clllk. He Ibo _,..wad die EDDA ..... dlll -iavolwd ia die mediap 1111111d like to uvc ... -pmtiq lol h ......... iacluded ia die plan. Mr. WIUIJIICl' llid dill lie ii di .......... 111D. • die la afpalldas lol h 1 ¥• Couacil Mcmber Wigial llked for coafinulioll dllt wllidll Ml1Mloiad • llniailNy will 11111 lie lllowed to l1lm left iato die paddaa lat Mr. Slill CXllllrald die 1 C 7, dmlll dlll die daip af die -will lipificuCly clilllOlll1IP left bnl. RNpOOding to Mayol" Burm. Mr. SCicc ...S dllC a-cxilCias-• no,d Awaae wt~ Park-, will lie RlaiDed. 'Ille ICall CIII die IIOllla1 comer af die lilc will lie clalDd, llowewr, -- of I right tum line 11117 will lie added 11 IOllldimc ia die fuCIR oa Fao,d A-. Council Member Wagoner iaquind about I lw CIII die mrtla lide af~ l'lrkwly fnllll Acoma Ill the way to Broadway indicl7ed ia one af the ainditiaa. Mr. SCicc aphiaed dllC it will lie u cxcra tum 1w in the event tbll the shops OD dill lide af Englelwaod l'lrkwly lll'C demolished , This will provide aa:cssibility for additional bus tnlffic . Raponding to Council Member Vonmtlll, Mr. SCicc CXllllrald dlll dew:lap I 1 afdle pad lite OD the northeast comer will Ibo lie ,equinld to ID tluoup die P1111k ._.. prama with Phmling 111d Zolling 111d will be 1ft IIIIClldmm to this Plllllled ~~dlaiapiaea11. The raolution WU migned I ...... wt ..r by litlc: RESOLUTION NO . 39, SERIES OF lffl A RESOLUTION APPROVING 11IE DD.LON COMPANIES (KING SOOPERS) PLANNED DEVELOPMENT FOR 11IE REDEVELOPMENI' OF 11UlLLEY SQUARE WHIOI IS LOCAll!D IN 11IE 3300 BLOCK OF SOl1l'H BROADWAY IN 11IE arv OF ENGLEWOOD, COLORADO. COUNCIL MEDER WIGGINS MOVED, AND ff WAS SECONDED, TO Al'l'IIOVE AGENDA nEM 11 (1) (ii)· RESOLUTION NO.,,, sams or 1"5. I . Ayes : Couac:il Metlllal 111711away. v......,. Wigial. W...-,, w .......... Nays : None Ablall: Couac:il ...... llllleaicllt 1,;C--falefeee-11,, Pa I 1 -, AH I 2 21 (1) A pmduutioa decluill& die..._ afMay 14 ...... Mly 20, 1995 • Empncy Medic:11 Scrvica WClllk w ca ti 11 1111. COUNCIL MEM8U 11.A.TBAWAY MOVED, AND ff WAS RCONltU, TO Al'PIIOVI: A PllOC'LAMAnGN PIIOCLA.DIING TBE Walt or 11A Y 1, TIIIIOIJGII IIAY Jt.1"5 Al EMERGENCY MEDICAL IDVICU waK. Ayes : C-=il Metlllal 111711away, v......_ w--. w.....-. w ........... Nays : Nonc Ablall: C-=il ...... llllleaicllt •. I· • 0 '32xl • • • Ea&lewoocl City C..IICU May 15, 1995 ... , Motion carried. • 0 I~ - Mayor Bumi preaeated die p,a I N ID Slfcty SaviGel DireclOr Slulcy. (b) A p,a cl sioe---. die WIik alMay 21 Sllnlup 27, 1995 • Nllioell Nllic WorbWeckw ·• • COUNCO. NDaEa WAGGOND MOYD. AND IT WAS 51:CONDD, TO Al'l'IIO\'E A PltOCIAIIIATION PIIOCIAINING TIIE WDK OF MAY 21 TBROIJGB 27, 1"5 AS NATIONAL l'IJaLIC WoaKS WDK. A,a: ~ ...... llldlnay. Vonaialg. w--. W...-r, w ....... ... Nays : .... Alllml: c-il Member HallmidlS Mayor Bumi prar:IIICld she pmcl..,,ion IO Eapwrillg Mmaa' Kalua. 9 . .... ..... (a) COIJNCO. MEMSU WIGGINS MOVED, AND IT WAS DCONDU, TO OPEN THE PIJSUC BEAalNG TO UCEIVE Cl11UN INl'IJT ON THE l'llOl'OSED CONCUTE IIEl'IACEMENT DISTIUCT NO. 1"5. Ayes : c:auacil Mamas Vonaiaag. Wigim. Wagoacr, Waldman. Burm No. c:auacil Member HadllMy c:auacil Member Habcaidlt Motion carried and she public IKaring apeaed. Council Member Hashaway explained tbll she will lllllain • she 1111 pn,pe,ty in she pnlpOIDd dilSrict. Council Member Waggoner llaSed tbaS be 1111 RICCMd four lclScrs reprdiJll she C--Dillrict ud asked that they be entered into the record . The lclScrs -6am Tlloam E. Co&lt. Ridlanl 1111d LYBK Kerr, Sylvia P. Berger and David and Nancy Guldner. All testimony -given under oath. Public: Worb Engineering Manqer Kalun pn,vicled praaf al Nolice alPublic: Heariq. wlliclt w published in she Englewood Herald on April 20, April 27 1111d May 4, 199S . Mr. Kalun llacell 11111 for she past several years, Council has been CXIIIClel1ICII' widl she ,-..1 Cllllldilioa al she City's public ud privasc conc:rcte and bas direc:led swl"IO proceed widl pnlpOIDd COIIClaC llcplacemaiC Dillrict No. 1995 . Relating ac:sion leading so she c:ra3ioa al the Diltricl, Mr. KaluD aid dlll C.oucil formed ....., CIIIICldc distric:ls in 1991 and 1992 . Council then direcled 11.dso ID bwanl widl the propam for 1993 ud identify the City's won1 four or ~ buadred 'oc:a3iolll al CIIIICldc dnapous the Cisy ud form a dil3rics . The TABOR AmendmenS (Tupayen' Bill a1Rip31) in 1992 cnaced she illlbility for the City to .U bonds for long 1CnD financ:in& for coacretc impro, 1 1 If widlDut YClla' approval . 'Ibil lli1ulsioD Im delayed needed rqiein unsil -· Today'1pn,pam coalilslaliapnm r SJ._ to 330pnipediel within the City . Mr . Kalun ll*d dlaS. aldle oripml 313 pnipa1iel ..... ftly-dne pnpeny OMICR have oblalned permits and accompliaed die~ rqiein. Col3I for die CDIICl'm cllllricll, • with prmCIUS Pffllll dillrictl, AR bone by badl die ~ pn,pe,ty WI duwp lPICial 11 and by the City tbroup _. ....... iD she Pllblic llllpn,. C Ftad (PIF). Coai:nlc Rlllllrp:illl a1111113 DilU'icl No . I 99S is sc:boduled for CClllllnlcSioll clilriJts die -al 1995. He mad 11111 die 1a1a1 .. -• ...... I· • 0 '32xl • • C • Ell&lewood City C.UCII May 15, 1"5 Pqe5 • 0 ,. - project COit is Cllimalad al 1677,000, _. $325,000 bcilll bone by die City duaugll die PIF, and 111 ; I 1-'S lalaling $352,000. Siacc baadiag for dlis pnlllUI is aal available al dris lime. Mr. Kalun said it will be ._, for the City to .. merilll 8.-:urg for die,._ paniaa of die CUlllnlCtioo in the amount of $270,000. Mr. Kalun distributed an wbmMiaa llradoul to marrbcn althe audiwle wlro 'Willied to alltaia w. eautled "Prupoled Concrete Pcplac d>illricl No. 1995." 11rc lludaul iadudcu map of die prupmal dillric:l, prupmal ..... for the dillric:I, ..... il1ullnliDe of typical --lmilml. Mr. Kalun poialed CIUl impor1am dllel oe die a:lralule ud di-=--d dleir iaplct. He ..... 11111 onen wlro wislr to do.dleir OM! COIICftilC ~ lave ail July 21, 1995 to pull a pcrail for 11111 wmt, ad all,._ ~_.be eompletal by Friday, July 21. 1995. ne City's project ii .-i ;-+ I to llleaia 11r1y 24, 1995, ending Oclaber 20, 1995. He cxplaiaal d!ll the c:alardlr allO il!dicalel 11111 -,r will carrpi)c _smr,a#lbs iD early 1996, after wlric:lr aa proce11 widr aaadrer palllic 1lwilr& will take plalle . Tllole wishing to do ID Dmy pay CMlr 1IWidrin drirty days al tlral onliaallc ad NClCM a five percent ~ on the 111 w:nt . ne City will odrenrisc cenify die to Allpllroe Coual)' in August or 1996. with paymen1 due with pn,peny 1aXa in 1997. Mr.~ aid dial llalfn,coon•'1'911!s d!ll an dClctioa involving~ in dris dillrict be lrdd in No\arlla, 1995 to decide the paaibility or selling bonds to provide long tam finucing for tbole in the dillrict. Mr. Ka1un explained the last page al the bandout. which depicts typical CIIIIICfflC IICICtions. Responding to Council Member Wagoner, Mr. Kalun confirmed that die J....-y 1, 1997 dcad1iDe is for payment of the f'ull amount of tire I I !IC!lt unlal tire pn,perty DWIICII VOlc to extead fillaaciDg out CMr • long period of time . If district pn,perty -\'Ille to extead tire fiunciDg, Cowrcil will ~ the option of Idling bonds for a possible ten years . This is pollible Clllly if die VOie peas. Mayor Burm clarified tbal tire NcMarba' \'Ille will Clllly penain to the acdrod al6-:iag. Mr. Kabm agreed. and added tba1 Cowrcil has die ..irority by onliDuce to n,quile 11111 the-* wwk lie done. TABOR requires that the City ID to a wte of the dectorale to ldl bonds. 11rc City a dc:femld the project for two years, hoping to lie able to alllain the long tam finucing for the dillrict to a-a tire financial bwdcn of tire propeny OWIICl'I. By the -takca, the purpae al lravillg the dillric:I, • oppo.i to having Counc:i1 jUSl RqWR the wen be done under tire ordinaDce procell, is dial, under the ordinaDce proce11, the COit ~ be due in run with a ten percent peaa1ty by the Coun1y with next year'11Ua for wen done this year. By forming a clistrict, tire City is pnMding an extra year to lra\lC tbac other opponunities available . Mayor Bums funher clarified tbal Cowrcil al this time is wtiDg wlldller to do dre impao. tsar eat, and the VOICrS will decide the mc:tbod alfiUKiq and wlldller dlae • -alel!dcd period al time for them to pay for the impro\'CnlClrtl if tbeR is an dClctioa . Mr. Ka1un said that previous dcctions involwd all al the electorale ie dre City ad dre way the bellot questions were written suggested tire City -~ dclll ud...., IUa. He ICatecl 11111 lie does 1111t feel it is fair to the people who aR actually paying the bills. Responding to Council Member Vormittq, Mr. Kalun said the-.e ClOll al--"PIK ID this district i1 approximately Sl,000, with the raidartial Miffl......, flea 161 to $5,400 ad commercial assessments from S4l0 to SI 1,900. Using Sl,000 • an exurple, lie IDid dial, typic:ally, oae tenth of the -t is due each year, with llimple illteNIC on the rmpeid bllance . If the boedl ldl 11 eight pmlClll, tire first year tbeR will lie eipc percent UICClal on Sl,000, w11ic:1r ~ lie S10 far a total principal and intffllt peynrenc alSllO. TIie next year, the priDcipll would lie don to $920. Eipt percenl ofS920 is $72, IO the paymeac ~ lie SI 72. He reitented dial, if dre eleclante does aa1 \'01c to finance the project by lelling bondl, the arliR...., wiU lie due in oae ,_. witlr pn,perty tallel. t -' ' ••• "' - - I . • 0 '32xl • ( I ~ w N ',,/ l • . ; 1-l'Jf 19 'I Iii~ li! I :ti I ;ii I 1'~1 I $1il' ;rrir~ i!r r1 ~ --i h ·ti t 1 o r , r i r ! · i r h r 1' I Ii if :r Ii :: l ~i(!,1. Ii 11 ~!rt:!! 1 fli I ti~,~.~ I f,t~ 1,111 ,1 111 !! ' it .t i I . k l. ! i ~-I I ~ t i [ ~ ~ e. I ' I r f I ~ l I a. l !1·· 11.! 1 1 t i t H ! •1: f i . 1 f t ! i 1 1 • w i ~ i U 1, f 1 , i : ; -, · r · ~ · t e I a 1: I s s l I ,f t') 1 i Ii r rt I IJ 9~l~i ~: I: ·isl_ s=;J l JIJ r l1r ~-IJ 1; 111J lit . ··1111h t . I f Ji fit ! ! . I 1~J I fl I I f II, I · 11· 1 • r i ' "I I~~ I' ~ r I. , 111 1' ' r ··~ J ! ' , tl ~ .. , . • l • 11 :1.1 i · 1 ' . Ir l t I I Ii I' t ·1' l•J I . I-:: sf 1 ~ !.:·. . ·( a.!11 11·: a· al Ir I r r J I :11 ~ • 1 t I I a-i I • , , J I I t I d It I f 1· I 1!1 91 11 (a.I~ 111 · II • ··J · ·l i. ' 1'( 11 9 ·1 J!. •. r . .: f's ii' I r ~ s., Ila. t,J. . ·'1·1, s • • 1 r :if I I . I i r I ~-i J f lJ . t 1 · r IHJ1 u ; I fl • i~ . ~· f t!i !a: .. I I I I ti lf11Jt If r Jilt 1f IJ ~ !!I· iii 1' !!~ 11~~11 i1· . JI J Jlf ( ·I ! f (J .. 11;1 t'f t l .t . 1 . , 1 s · r 1 •. , i ii.. r •. 11 t-111 ·, . ~-f f ( I · f i f ( J . !· ( 8 • • \ 0 • ,' r I . . . $" '-• . • • • l'.a&kwood City Ceaac:il May 15, 1995 Pqe7 • 0 I • • Council Member Wqgoaer said pan ofdlc City's pn,pam iD the pall Im iDduded uydliag dull Im to do with storm sewers . Mr. Ayala said be does DOI fed dial be ...id MW to bear the cxpcas of Npairiag llis amae wllm bis neighbors do DOI. Mayor Bums reiterated thal tlac prapcrtics wiU be addleacd • a Iller au.. Mr. Ayala did aat fed dial was satisfactory because be bas to bear die cxpcas -ud feds llis aeigllbon lllaald allo ., dial all the properties are brought up to standanl. Christine Wck:h, 1122 West Oxford Placz, said Ille ilr _.•lier pqiaty is Sl,392. As • single parent. tbat amounl is too hip for ber to pay by 11dy if* dlocal to i-e. private coauai:tar. She asked Council to aJlllidcr CXlmdiDg the deadline far private wdlaticaa. SIie said lbe -W like to be afforded a cboice u to having a private COllbador perform the work or llmlla die City do it. SIie said the July deadline leaves her no cboice . She asked about guideliDcs for -,jag dial the CXlllllattors bind by the City will charge fairly for the work they perform . Mr. Kahm responded thal it is imponanl for the City to"-' dial CXIIIClde work done privalcly is piing to be done before the City's CIOlllraclor leaves the jab site. TIie Cily c:aa aow a lialc flexibility iD lams of the aaual date for amtpletion of the private wort. but it is critic:al dial • least a permit be lakcn out by the July cut off date so the City will MW a list of pqiaty oncrs no will be dDill& their on work. T'bele people will DOI be able to panicipate iD the boad bccausc private work ...a be completed by early Fall 10 that the City kmws it Im been accomplisllcd, ud thelC tlliDp wiU all 11wea prior to a boad sale. Hiring a privale aJlllraClor or dloOliDg to MW the City CXllllndllr aakc die -=rae rqiain is llric:dy the cboice of the propa1y owner. R ..... ing to Council Member Wlldmall. Mr. Kalla ldllcd 11111 dlere is my of ale• ac:11 a large CIOlllrael . Only large CXllllraClon cu bid oa die pnljecl. .._ GIiiy larae ~ ca boad • a half million dollar prujec:l. L1rF CXllllraclOrS MW unioll eaployees ud their 1lllit prices my aat be u fa\'Onble u a small aJlllrlClor dial illdividuals caa • priYlldy. Prices are blled oa ....._ bids on other projcclS iD the IIICUO m . Mr. Kalua said tbal, iD bis expaiaKlc, if---. ca a8iord to• pm'aldy. they will SIM an l\'Cl'alC of tbiny pmlCllt off the city's emmates. Council Member Vormittag said be feds I deadline eX1Clllioa is feasible for pe,a. baviag work done privalely. He said thal only a few of them might DOI follow tluoup wilh cnmplaioll ud ....... tbat the City's c:ontrac1or would be able to a,me lladt ud a,mpldc lbole few pn>ject. Council Member Wqgoaer said the ClOlllraCIOr will WIM to -aul of die area after fiaisllilta then: ud that returning later to them would be CXlllly for the Cllllllnaor . Steve Wood. 4110 South Ela&i SIRICI. is an cmplo)'ee of the Alapalioc C.oualy Eap--, Depanmeal and worts \\ith subdivision plals for Eaglewood ud Allpllloc c.o.y. He aid ... die riplHl-way that are dedicated with the subdivision plals are clcdicated to die Cily ad iacludc sidewalb, cwt. ud gutters and asphalt. He said the citimls ofEaglewuod i-e alnildy paid 11W ilr die W!lli s or for the rights-of-way. He asked for clarificllioD u to why c:itiaM .... be__.. ilr W!lli s e dial should already have been paid for duuugll lalla OD die Qllb ad paer. Council Member Waggoner said then: has been for a...._ of ,-s • onli-=c ... ,._ die responsibility on the citizens . Tberaa Guthrie. 3605 South Ama1a SlftlCI. asked why pnipertiCI ia lier ......... 11111 Wlft albd originally are DOI marked -· SIie said then: are allo pnipertiCI ia lier........,. widl W1C concrete than hers but aren't imrlled for ,epiacelllCIII . Alm. 111c lda?ld dull dlere is a INC• lier propa1y that is marked for mDO\'II, whicla ae bclim=s is the City's mpcwibility. 'Ille c:mcMC dull .-be .. .. •• I . • 0 l • • J • I ~ f II If l"llf[I ii lfitf•c,; Ii !i l!!f ilJ Ii It i!I i l I• i ] ilh ,~ I rill I f i ~1 t!J If i h '( i 9 i i 1, i e 1 1 -1111 t ~ ~ ii · 111,, I r i , i 1 1 11• § hr , ; h 1 J.. ~s 1 . ·" If a. I f i t . ·IE .ia• ' n:1 · 8 1 · a.t , ·• 1 1 · , 1--r t · eg • ·i~II! 1~ flrill ~, ni 1_i ,!1 , ~, lJ_ ;J· f J I :1!i I '~ll'!. ~ fti~~I I I 1~i lit ~11 it, I Hz~ 1 l s 11 i . i Ii f ~ • 11· 1 111 f 1· • ,J-i; f r I a !1 , t I ( I 1: r J. ~ ff 11 · · 1 1 I I .. i a~ r a, 8 .. ,, ,, ,,, i J( •' .. a.I liJ ! 11titi1 ft 1iJ1!1' I 1 1 1 ,1 !1 1: •11. 1t · 1 lg~ • ·1 11 1 I 1~11 I a.g I l Ii t lrflt i IJ?tlJ I ilf Iii 1! I~ r ~1 Jf 1,~11 1 : ifll ! ! lJ ll,i 11 ' , , -~ . t I i r. til ~ !S t . r r .. r I . . . 4' " ' .. • , . • ..... (. . ~ I\) ~ X 1· 0 -"' • - • • • • • Ea&tewood City C-.Cil May 15, 1995 .. , MAYOR BURNS PtJU.ED AGENDA ITEM It (a) (Yi) ON FOIST READING ftOM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO Al'PIIOVE ON FIRST READING CONSENT AGENDA ITEMS It (a) (i), (ii), (Ill), (w). (•). (ri). -, (di). (a) AppnM OD Finl ltadillg (i) COUNCIL BllJ.. NO. 13 , IN11lOOUCED BY COUNCIL MEMBER HATHAWAY A BllJ. FOR AN ORDINANCE AMENDING 1'111.E 3, OIAPl1!ll I. SECl10N I, SUBSECJ10NS I AND 4, OF 11IE ENOLEWOOO MUNIOPAL CX>DE. 1915 WHKJI PERTAINS TO FIREFIGKIEtS' PENSION FUNDS . (ii) COUNCll. BllJ. NO . 22, JN'J1lOOUCED BY COUNCIL MEMBER HATHAWAY A BllJ. FOR AN ORDINANCE AMENDING 1'111.E 4, OIAPl1!ll 7, SECl10N 11 OF 11IE ENGLEWOOD MUNICIPAL CODE 198S, TO EX'reND 11IE l..IMl1E) WAIVER OF WAS'ra nANSFER SURCHARGE TO DECEMBER 31, 1991. (iii) COUNCIL BllJ. NO. 21, IN11lOOUCED BY COUNCIL MEMBER HATHAWAY A BllJ. FOR AN ORDINANCE AMENDING 1'111.E 4. OIAPTER 4. SECl10N S, SUBSECJ10N I, OF 11IE ENGLEWOOD MUNICIPAL CODE amn.ED TAX ON STORAGE. CONSUMP'JlON AND USE . (iv) COUNCll. BllJ. NO. 20, IN11lOOUCED BY COUNCIL MEMBER HATHAWAY A BllJ. FOR AN ORDINANCE AMENDING 1'111.E 4, OIAPTER 4, SECl10N 18, OF 11IE ENGLEWOOD MUNICIPAL CODE EmTJl.ED SERVICE CHARGE ON RETIJRNED CHECKS. (v) COUNCll. BllJ. NO. 24, IN11lOOUCED BY COUNCIL MEMBER HATHAWAY A BllJ. FOR AN ORDINANCE AMENDING 1'111.E 4, OIAPTER 4, SECl10N 4, SUBSECJ10NS I, 3 AND 7; AND 1'111.E 4, OIAP1D 4, SECTIONS, SUBSECTION 3 OF 11IE ENGLEWOOD MUNICIPAL CODE 198S RELATING TO SALES TAX. (vii) CONTRACT wrm 1lJltF IRRIGATION SUPPLY, INC ., IN 11IE AMOUNT OF $52,203 .75 FOR 11IE PURCHASE OF A RADIO IRRIGATION C'ON11la.. SYS11!M. (viii) APPROVAL OF AN ADDITIONAL SI0,000 EARNEST TO COK11NUE 11IE CONTRACT AND HOLD 11tE PROPERlY (A S760 ACRE FARMSJ'IE) UNTn. O.OSING SCHEDULED OCTOBER 30, 199S (FOR 11IE APPLICATION OF LITTLETO~WOOD W ASn:WA'JB TREA1MENT PLANT BIOSOLIDS). Nays : CGuciJ Memllerl llldlaway, VOlllliaaa, WigiM. lflbaliclll, w....,....w ............ Nam •• ...... ,, - I . • 0 • Eapwood City C1111acil May J5, J'95 PqrJO Motion carried. • 0 ,. . • ... COUNCll. MEMaER BA111AWAY MOVED, AND IT WAS SECONDED, TO Al'PROVE ON SECOND READING CONSENT AGENDA ITDIS JI~) (I)-, (II). (b) Appn,YC OIi Second Reading (i) ORDINANCE NO. 1.5, SERIES OF 1995 (COUNCIL BD...L NO. 16, INlllODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE AU11iORIZING AN IN'IElOOVERNMENTAL AGREEMENT BE1WEEN 11IE CITY OF ENOLEWOOD, COLORADO, ARAPAHOE COlOOY BOARD OF COlOOY COMMISSIONERS AND WASTE MANAGEMENT OF COi .CJR..~. INC. APPROVING 11IE FIRST AMENDMENT TO 11IE CONS0LIDA11!D AMENDMENl'S TO AGREEMENTS DEAUNG Wfflf 111E CITY OF ENGLEWOOD PROVIDING nEA1MENT FOR WASTEWA11!R ORIGINATING AT 1HE COUN1Y LINE LANDFD..L . (ii) ORDINANCE NO. 16, SERIES OF 1995 (COUNCIL BD...L NO. 17, INlllODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE AUTIK>RlZING AN IN'IElGOVERNMENTAL AGREEMENT BETWEEN 1HE CITY OF ENGLEWOOD, COLORAOO AND 11IE CITY OF OIERRY tm.LS VILLAGE, COLORADO WITH RESPECT TO 11IE CITY OF ENGLEWOOD'S MAJN'raNANCE OF AN AREA IN 1HE CHERRY HILLS VILLAGE WASTEWA11!R COlJ.ECTION SYSTEM . A)-es : Council Members Hldlnay, Vonaitta,. Wiaim, Hallelliclll. Wagoner, Waldman. Bums Nays : None Motion carried. • •••• 10 (a) (vi) Dim:IOr Bladt praelllal a .-mcndllion from tbe Deputmeal m Recreation Senic:cs to appnM amendments to tbe Pro ::Pun s,._, Inc . Agreement eubliDg Pro::l'lltt to expand their operations and extend their leale. He UllrOdul:ed Seaa Suapaa. -mlliwnide Pro::Pun. Inc . Mr. Black said tbe expansion will illdude bicycle ...... a millialuR dna llrip with junior clragsters. and bumper llolls. The cuna1 .,._ will be eldCllded to tbe year 2010. He explained that. under tbe cuna1 ...-, the Cily recciYcl • ,__. m the an-a1a. This will increase to elc\a pcrtall in 1996 and wiU ~ -pmaa ada ,-r -1 il lmclla fifteen pereent. Mr. Black said std is RCOIIIIIICllding the adoplioa ma bill for• onli-,c -.1ina tbe clullhoue lease agreement. He said Mr. SimplOII -.Id like to an the -,de lllllal i tiMCly and begin tbe c:onsuuctioll on tbe draplrip with the llape m ........... il by the ad mthe -· Mr. Sunpai will wail for a year or 10 on the bumper bolls to be -dlcR ii_,... ~ widl the ckaplCn in terms m •Ofll)ing and turning around dillanee. He pnilOd Rivenidc for their dcu ud llfe apcnlion . Mayor Bums asked if noise from the dnplen will cmftid widl die pf ca.w. Mr. Bladi aid dlcR ii cuncntly noise from the ae,<ans, bul there IIIYC beea wry few ~ai1C1 fram the Fifers. With the clragstcn there is only noise for lboul four..,.. ad lllll ii• -• a pniblee. He llid lllll Mr . SimplOII bu agreed 10 mnec1 noise pniblees if they aria. Mr. SimplOII said the draplen will caUIC ao -aoiae 1111111 the l8'WII aowiaa ot ·• 111 alllady .... at the golf course . He said tbe drapers will be • • oa the well llidc. ltirtber aay float the pf ca.w than the l(KUlS currently aR. . -• I· • 0 f ] • • t• • CoaacilMelllberW...._ ..... ._._..._ol6ellillc ....... --.•-ID6ellillc ..... dnup6elladlllace. Mr.Sillpaau • I , ... ._.._ .......... oldleclallowadwiD w die padl .._ llis puap111y ad die riwr. He ..... fa 1 ... plm wiD ~ die padl widl billers. ........... dley clD ... ~. Director Bid funller apllia die lll)'Ulll oldle prajec:t. He aid ............. bibn ud plm cunady -die -..... .._die ....... Riwr, die City wiD lie awlYi"I ia die a.me far. pant IO build uadler bridle jlull far die billers. Mr. ei.:t aid dill die 40. a, ....... .., Mr. S.,.. will alllle lliua lO .-.. cmapldlM widl dle-dliny-lix lllllcl o1---.. ....................... .._. Palk. Couiicil Melllberlladiawayaid._ ...... _ _.. ... die ............ _ .... he's lakea GUI is die w deliplll fart ti ISO I plliW. ....._,*aid Mr. Siapma 1111d tcr dill lleisFiD&IOCIIIMlldiefiMwlDt f ISO l•wl. (I) RESOLU110NN0.40,SERIES0Fl995 A RESOLtmON AMENDING AN AGREEMENT PROVIDING RECtEATION SERVICES OF 1HE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCO. MDBD WAGGOND M0VD. AND rr WAS SSCONDU, TO Al'l'ROVE AGENDA ITEM It (a) (w) (I)-UIOUJ1ION NO. 4', IDaS OF 1"5 WAGGONER Ayes: c.-:il Mlilllln Haltnay, Voraiaa&, Wigiuls. Habeulicllt, w..-.w ........... Nays : Nw (2) COUNCIL BDJ.. NO. 19, INDODUCED BY COUNCIL MEMBER A Bn.L FOR AN ORDINANCE At.mlOIUZING 1HE Cl1Y OF ENGLEWOOD TO EXTEND 1HE LEASE OF 1HE PRO::PU1T SYSTEMS, INC. C1UBHOUSE BUILDING WIDCH IS LOCA'IE> AT 1HE ENGLEWOOD GOLF COURSE. COUNCO. MEM9ER WAGGONUl MOVED. AND IT WAS SU'ONDD, TO Al'l'ROVE AGENDA ITEM It (a) (Yi) (2) • COUNCD. IIILL NO. 19. Ayes : Coaacil Meillberl Haltnay, Voraialt&, Wigiuls. Habeaicllt, Waa-r,Waldalua,Blll'a Nays : None Motion carried. II. O.....__,P I lilw_,....._ (a) AppnM oa Fira ..._. (i) A1• C loallladieDlpl.WolNllicWoublO .... allillfar• ordinance appn,viaa die fo.mllioa ol CW P 1;' Diln:t 1995 w ~ 'C a The City Ciak -lllllecl IO .ad c.-:il Bill No. II Illy lide : COUNCll. Bn.L NO. II, INl'llODUCED BY COUNCIL .a!MIEll WIGGINS ...... .. I . • 0 , X • • • • . ~ • ~CilyC:-U May 15, 1"5 .... 2 A Bill. FOR AN ORDINANa atEA11NO aJNalE'IE aJ!III.MBEN1' DIS11UCT NO. 1995. IN 11E aTY OF~. <XIL(JaAIJO; flll....WAL ANDlll!R.ACll8ITCJPSIJB. STANDARD aJD. Gl1ITD, AND smewAUC. lOGEIW Wi111MBCISIMY INCIDIINl'ALS; AND SE111NG JIOR11I Ol1Ell Dl!TM.I IN aJl8IBCIION Wi11111E DIS'l1UCT. COIJNCIL NDINII WIGGINS IIDVD.Mm ft'WAI RCOIIND.10 AIIIIOft ArmA IIDI II (a) (I)• COUNCIL mu. NO. & A,-: Olwlll....._'"ia I 1, ....... lld ........... -..... ... Nays: Nae Alllllia: c-:a ..... .......,. (ii) 'llilA...-llla_ .............. ,...2 ... ,. (iii) DillcwOl1aleu::icz ...... a • ._ .. Depa a al Ymacilll Scnica11-.allll lara....._ ......... _.alS-ad U.Ta•.....-ot-t· yadacllillelDall. ................ _,__, .. ,.,,__ .... _ -------·· y ......................... _____ -=lliae IDGll-.e....-e• .. ..... De Cily a--.... ID ..a c-:il Bil No. ll lllytide: COUNCD.. BDJ.. NO. ll. omta>UCl!D BY COUNCL MIEll!M-RA'IIL\WAY A BDJ.. FOR AN OtDINANCE EX'l1NJING TIE 01Y <JP~ lll!BA'i1! OF SALES AND USE TAX ON PlllOL\SES OFMAOIDERY AND MAalDE TOOLS. COIJNCIL •NNR IIADAWAY IIDVD..U. ft'WAl8Cllllm l .. 10Ml'IIOVE AGINM IIDI II (a)(al)-aNJIICll.l&LNO D. A,-: ........ I &-....ma .... Nays: (I,) Appvve • s... ..... 111ae_ao......,illaa.._...lir ....... •--...... (laA.-.llla 10-C.- Apda.) 12 . 6-'II ........ (a) ...,.... Cllaicle I. Mayor.._.._. .. a 1 c•dlCCGlarallotl1 ltipll.._a...omc.tJ Wamllap ia GleawDod s,r.p. lie_. licwill ... a ...... llrc-::1 • .. _ ....... 2. Mayor ......................... ...., .................. .. ICIIOrlSioll al die.,... ..... Ollllllll lli2llltlllll lac:illy . (I,) .. • • 0 1 32xl • Eqlewwll City C-U May IS. lffl ... IJ • . ~ • (i) C.-::ilMCllllierllldlaway .... ~IIPfRMll ...... ia•-fll S2,000ilrdicSolllllMmuHcaellaC . S.-Fq' w•,_...a, c ·a1t1D...._, Litdcloe'sllaa,·1-. * ....... •:+P+aiolllD• SGllllli ..... ...._c ·a 1. COUNCll. lllDDD IIATBAWAY MOYD. Mm ff WAS SSCONN8. TO Al'l'IIOW AN APPllOPIUA110N OP 52.111,N TO 18 I0011I IB'l1IO IIOIIBUSS COIOll1TD. A,a: C.-::il ...... llllaway. V ....... V,--.111111 . he w...-.w ........ ... Nays : Nome (ii) C.-::ilMCllllierW.-,·. , ..... :a.,~--- Cauncil Chambcnud ..-....-..,111iecaef/ldll,...__ (iii) c-il MCllllier 111 ... . I. Shecxplaiaed ... aew ,-._f/la ..... Tl IS . e Dil1rict ............ She dilCUIWd die IIICICWll anl lt11) llr I 4 t · I flliliwly ID._ call ID iac:111* munic:ipalilies in die planllilla ..-11r-1naliL l . She aJllll*'T I f l.ilnly DiNca Hlllk ..... for llis IIClp widl ._ EllpWODd Hislaric:al Socie1y pan1 prapoal. Ms. Hllleaiclll 11111111 Ille did a woulderfill jab. (iv) c-il MCllllier W...-r 11111111 dlll. ~ 0.C.. Replw I Dillricl No . I 99S is lllppOIC 10 1*c c:ae flllllc -.ir cmaac ....._ ia die City, il is liaie ID braillltann for fil1ure aiam:1e n:plw : : I policies. (v) c-ilMCllllierWaldnac 11•ciliaa-...-.dlalF by~ 10 -*· He ....... a l?lldy ID -iflllis QA lie ll¥llided. He aid l..ial.-ia ,_ a p.oguam in place 1h11 ...._ _. n:pl1c wier for i1s c:i1iaa anl ....... llllllyiaa dlcir puocieduR . 13 . CityM-.r',.,_. (1) City MamaerCla.t recm•m:edd dlaS c-:il ID iltloExeculM S.... i diMdy following 1he RgUlar City Cauncil nadiaa 10 disam a ..i es111e-. rmliUhl 10 Ciadmlla Cily. (b) Mr. Clark reminded Cauncil dtll Ille will lie ISSC:rtdiaa lllc ........ Col*aw.e., Shopping Cat1crs lomonow ud will be dtcft dtnJualt 'lltanday . He will n:pon llect 10 c-il 1te111 week. 14 . City Aa-,'1 .,_. City Attorney Bnl1Zman did no1 ave any mattcn 10 briDa before Couacil. IS . Mjlar-..c MI.Mal.R BA111AWAY MOYD TO ADIOIJllN . Tlte ............. 9:12 p.a. ..... ,,,_ •. .. I . • 0 '32xl \ , l :{ • Date June 5, 1995 INITIATED BY Utilities Department , • • I• • COUNCIL COMMUNICATION Agenda Item 10 a i Subject Wastewater Transmission Agreement STAFF SOURCE Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Waste Management, South Arapahoe, Arapahoe County and Englewood entered into a Wastewater Transmission Agreement on January 21, 1985 for the treatment of collected storm water from the landfill. The 1985 agreement was extended and modified by an Amendment dated Odober 1, 1990 to allow a lift station and dewatering sump. RECOMMENDED ACTION I' - Council approval of the Wastewater Transmission Agreement between South Arapahoe Sanitation Distrid, Southgate Sanitation Distrid, the Board of County Commissioners of the County of Arapahoe, the City of Englewood and Waste Management of Colorado, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The County owns the County Line Landfill and Waste Management Company is the operator and manager of the landfill . Rainfall and natural drainage have resulted in water containing contaminants to coiled at the landfill site. The proposed agreement would allow South Arapahoe to accept colleded storm water, which would then flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate and Englewood and ultimately into the Bi-City Wastewater Treatment Plant. The proposed Agreement would authorized a new and separate connection to permit the discharge of contaminated effluent from a groundwater colledion, sunping and transmission system located on Tract Kat the Fairways of South Suburban, Filing No. 3 Subdivision. (See attached Figure 1 ) . . - • . I . • 0 • . ,,. • <. FINANCIAL IMPACT All •IQi-a IQ, construction and eo1a 18dion fees wm be ina.rrec:I by Waste Management Company. No permit shall be approved or service provided I.nil final construction is approved by Soulh Arllpllhoe. The City m Englewood will collect treatement charges based on usage from the landfill lite. • Comection c:twgn .,. waived l.l1der the 8IU11)tion lhllt the Landfill dewatering program is temporay. UST OF ATTACHMENTS Proposed Ordinance . ' •. .. I . . 0 f ~7xl - • ORDINANCE NO. _ SERDS OF 1995 • • • BY AUTHORITY ABIUPOR /D Q.... AN ORDINANCE AUTHORIZING AN INTEBGOVBBNIIBNTAL AGRBBIIBNT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, SOtn'R ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS, SOUTHGATE SANITATION DISTRICT, WASTE IIANAGBIIBNT OF COLORADO, INC., AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. l, APPROVING THE TRANSMISSION OF WASTBWATBK ORIGINATING AT THE COUNTY LINE LANDFILL. WHEREAS, Arapahoe County is the owner of the County Line Landfill and Wut.e Manqement Company is the operator and nuuuipr of the landfill; and WHEREAS, rainfall and natural drainap have resulted in water containinc contaminants to collect at the landfill site; and WHEREAS, Waste Manapment, South Arapahoe, Arapahoe County and Enclewoocl entered into a Wastewater Transmission Acne-tin 1985 for the tranamiaioo of collected storm water from the landfill; and WHEREAS, the 1985 Acne-t was utencled and modi6ed by amendmmt dated Oct.ober 1, 1990 t.o allow a lift station and dewat.erinc sump; and WHEREAS, the propoeed Acne-t wouJd allow South Arapea.e Sanitation Diatrict tio accept collec:t.ecl storm water, which wouJd then flow into the Bis Dry Creek Intercept.or, which is owned in various Np1ents by Soutbpt.e Sanitation Diltrict and Enclewood and ultimately flow into the Bi-City Wastewater Treatment Plant; and WHEREAS, the proposed Acne-t would authorise a new and..,.._ -ection t.o permit the iliscbarp of contaminated effluent from a pound water collection, pumPinc and transmission system located on Tract K at the Fairways of South Suburban, l"ilinc No. 3 Subdivision; and WHEREAS, all encineerinr, construction and connection , ... will be incarnd by Waite Management Company; and WHEREAS, no permit shall be approved or aenice prorided 1IDtil ftnal comtruction is approved by South Arapahoe; and WHEREAS, the City of Enclewood will collect tnatment cbarps hued on map from the County Line Landfill site; I 1 1,. .. I· , • 0 • . .. • '· ... NOW, THEREFORE, BE IT ORDAINED BY TIIR CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS l'OLLOWS: Wim l Tbe in~ ......-t betw tbe City al ......... Colando, South Arapahoe Smiee•i-Dialrid, Arapahoe Coant, Boud alC-ty c-; ·, .... Soulhpte Senitatiao Dillrict, w-. ~ alColondo, Inc. and Soalb ........ Sanitation Diatrict No. 1. appaoviua the w........_ Tnnamiuioa ~ which pertaim to the tnnamiuioa al .....,ater orip!etia1 at tbe County Line LandftII, altacbed hereto u "Ezhibit A,· ia hereby acceptecl and appaoted by the Bqlewood City Council. Sa:tim a flle Mayor. au&bwiwd ......... ancl the City Clerk to au..t and ..i the A,reement for and an behalf al tbe City al Bqlewood. Colorado. lntrodaced, rwl in tbD. and ...... oa ftnt ..... on tbe Ith day al '1me, 1191. Publialled ... BiD for 1111 Onliamm OIi tbe 8lll clay al .J-. 1111. ATTEST : Low:riahia A. Ellia, City Clerk I, Loaailbia A. BUia, City Clerk altbe City al .......... Colando, benby canify that the abo¥e ancl (onpins ia a tru copy al a BiD for 1111 Ordinuee, intndaeed. read in ftall, and .,..... OIi ftnt ...... OIi tbe Ith day al Jane. 1191. L-=rilllia A. B1111 -2- I . . 0 , xi - • • 0 ,. - EXHIBIT A WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT is made and entered into effective as of March 31, 1995, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-aunicipal corporation c•soCTH ARAPAHOE•); SOUTHGATE SANITATION DISTRICT, a Colorado quasi-municipal corporation (•SOUTHGATE"); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the •COUNTY"); THE CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter called •ENGLEWOOD•) and WASTE MANAGEMENT OF COLORADO, INC., a corporation c•wc•). RECITALS A. The COUNTY owns County Line Landfill (the •Landfill"), located in Douglas County, Colorado at the intersection of South Colorado Boulevard and County Line Road. e. WKC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY. c. Rainfall and natural drainage have caused stor11 waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAPAHOE'• uina flow into the Big Dry creek Interceptor (the "Interceptor•), which i• owned in various segaents by SOUTHGATE and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreeaent dated as of August 1, 1990 (the •ea•). The Interceptor delivers Hwage flows fro• SOOTH ARAPAHOE'• service area to the Bi-City Treat.ant Plant (the "Plant•) owned jointly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and -nages the Plant pursuant to an agre .. ent with the City of Littleton. F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD and WKC entered into a Wastewater Tranaaission Aqreeaent (the •1995 Agre ... nt•) pursuant to which stora waters collected at the Landfill have been transmitted to the Plant. The 1985 Agre .. ent was extended and modified by an Aaendllent dated october l, 1990 (the "Amendment•). G. Under the 1985 Agreement, WKC installed a lift station and dewatering sump at the location shown on Figure 1 attached hereto and incorporated herein by reference. Said facilities were then connected to SOUTH ARAPAHOE'• facilities at the location shown on Figure 1 as •Existing Manhole to Sanitary Sewer.• This syst .. and its connection to SOUTH ARAPAHOE facilities is hereinafter •• ..... ,,_ I· • 0 '32xl • • • • 0 • • called the •Landfill Tap.• H. Changes in cirCW1Stances since the date of the 1985 Agreeaent, coupled with the need for an additional connection at the Landfill, have proapted the parties hereto to restate the prior understandings, with amendments, in this Wastewater Trans•i•sion Agre ... nt. AGREEMENT FOR AND IN CONSIDERATION of the autual promises undertakings set forth herein, the parties agree as follows: and 1. Limited scope of Aqr•u•ot. Th• purpose of this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey wastewater only fro• the Landfill and only for a limited period of time. This Agreeaent shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, OR ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. 3. fairways Tap. 3 .1 The COUNTY and WMC are hereby authorized to aake an additional, new and separate connection to SOUTH ARAPAHOE facilities to permit the discharge of contaainated or potentially contaminated effluent froa a groundwater collection, pwaping and transmission syst .. located on Tract It, Fairways of South Suburban, Filing No. 3 Subdivision, in or near the •study Area• also shown on said Figure 1. This system and its connection to SOUTH ARAPAHOE facilities is hereinafter called the "Fairways Tap.• 3 .2 Th• COUNTY and WMC shall, at their sole expense construct the Fairways Tap and connect it to SOUTH ARAPAHOE taciliti-. The COUNTY and WMC will follow SOOTH ARAPAHOE peraittinq requireaents, and the connection to the SOOTH ARAPAHOE syst .. shall be in accordance with plans and design approved by SOOTH ARAPAHOE before any connection ia aade. All enqineerinq t .. s and other costs incurred by SOUTH ARAPAHOE in reviewinq plans and specifications shall be paid by the COUNTY and WMC. No permit shall be final nor shall service be provided until construction is approved by SOUTH ARAPAHOE. Further, it shall be the responsibility of the COUNTY . - -2- • •. ... I . • 0 I I I;. . • • • 0 • and WMC to determine all requirements for and to secure any and all other permits and approvals for the work from the appropriate governmental agencies. 4. connections Limited. The Landfill Tap and the Fairways Tap (hereinafter collectively the "Taps•) shall be constructed and maintained so as to prevent the connection of sewer lines from any area other than the Landfill and the specific groundwater collection location specified in J.l above. In addition to any other remedies herein provided, SOOTH AllPAHOE shall have the right i.Jlaediately to disconnect facilities serving any other area regardless of where the unauthorized connection is made and to charge the COUNTY and WMC for the costs thereof. 5. other Agreements/Permits. 5. l In the performance of their obligations under this Agre .. ent, the COUNTY and WMC will satisfy, adhere to, and be bound by all of the performance standards, terms, and conditions contained in the following contracts: a. Wastewater Contribution Permit issued by ENGLEWOOD to the COUNTY dated May 15, 1993, and amended in 1995; and b. Connector'• Agra .. ent between Arapahoe County and the City of Englewood dated August 20, 1984, as amended by Allendlllent dated June 27, 1987 and Consolidated Alllendaents to Agre&111ents dated July 2, 1990; and c. First AmendJllent to the Consolidated Amendments to Agra ... nts dated March 21, 1995; and A violation or breach of any of such standards, terms, or conditions will be deemed a violation or breach of this Agre ... nt and will be cause for termination hereof, without regard to whether either of the referenced contracts are in force at the time of the alleged violation or breach • 5.2 Additionally, the COUNTY and WMC understand and agree that all the rights and privileges granted .th-by SOCTII ARAPAHOE herein are subject to the provisions of the Connector'• Agreement between SOOTH AllPAHOE and ENGLEWOOD and any successor agra ... nts. 5. 3 All service furnished hereunder by SOOTH ARAPAHOE and the Interceptor shall be subject to applicable Rules and Regulations of SOOTH ARAPAHOE and SOUTHGATE, to the ENGLEWOOD Wastewater Utility ordinance, and to any and all treatment peraits issued by ENGLEWOOD for th• discharge from the Taps, all as now or hereafter . - -3- • ,, - .. , I· • 0 • • 0 - constituted. 6. Tap Allocations. The tap allocations ot SOUTH ARAPAHOE under ENGLEWOOD'S tap allocation program are not affected by either the Landfill Tap or the Fairways Tap. 1. connection charges. 7 .1 Notwithstanding the prov.1s.1ons ot Section 5 above, because of the limi tad term ot this Agreement and the time and rate restrictions on discharge in Section 10 below, there shall be no additional SOUTH ARAPAHOE tap tee for the Fairways Tap. 7. 2 Also because of said limitations and restrictions, neither the Landfill Tap nor the Fairways Tap shall be deemed a connection to the Interceptor under the BIA. If, however, discharge from the Taps causes any impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH ARAPAHOE. In such event the COUNTY and WMC shall be liable for the payment of Line Charges under said agreement, calculated as provided therein, and SOUTH ARAPAHOE may impose such tap fees or system development charges upon the Taps as are applicable generally within that District. In lieu of the foregoing, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60) days attar notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTHGATE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its systea so as to eliminate the capacity impact upon the Interceptor. 7.3 The primary basis for the waiver of connection charges hereunder is the assW11ption that the Landfill dewatering program is temporary. Therefore, it both Taps have not been disconnected at or before the expiration of· this Agreement as stated in 14.1, at the election of South Arapahoe in its sole and unlimited discretion, the said Taps may be deemed peraanent. Upon a determination to such effect by resolution of the SOUTH ARAPAHOE Board of Directors following reasonable notice to and an opportunity for the COUNTY and WMC to be heard, all connection charges attributable to the Taps will be due and payable within 30 days thereafter, at the then current amounts and calculation formulae, and the Taps will be accounted tor under the BIA as new connections to the SOUTH ARAPAHOE systea as ot that date. They will not, however, count against the Taps tor which SOUTHGATE agreed to pay Line Charges under the May 31, 1990 Agre .. ent between SOUTH ARAPAHOE and SOUTHGATE; the COUNTY and WMC shall be jointly and severally liable to pay Line Charges attributable to the Taps directly to ENGLEWOOD. If as ot the expiration ot this Agre ... nt .. - -4- • •. ... I • • 0 f • • 0 • SOUTH ARAPAHOE has not determined the Taps to be permanent as provided above, the Taps shall be promptly and permanently disconnected. 8. Maintenance charges. 8.1 The COUNTY and WMC shall pay SOUTH ARAPAHOE an annual service charge of One Thousand Dollars ($1,000.00) tor the Landfill Tap and an annual service charge of One Thousand Dollars ($1,000.00) tor the Fairways Tap. Such fees shall be paid in advance, on the date the Fairways Tap is approved by SOUTH ARAPAHOE. Credit for any prepaid annual service charge attributable to the Landfill Tap under the 1985 Agreement shall be prorated to the date described immediately above. 8.2 To prevent a build-up of metals deposits in the SOUTH ARAPAHOE's mains, SOUTH ARAPAHOE shall annually inspect its main from the point of the Landfill Tap to the point of the Fairways Tap, and downstream from the Fairways Tap to the "B" line, a distance of approxiaately 4,000 feet. The inspection shall be done by SOUTH ARAPAHOE's regular maintenance contractor. If any build- up of sludge or other solid materials is found, the same shall be removed by jet-cleaning or other appropriate means. SOUTH ARAPAHOE shall have such r-oval or cleaning charges billed by separate invoice, which the COUNTY and WMC shall pay within thirty (30) days after receipt. If the charges are anticipated to exceed $1,200.00 for any one cleaning pursuant to this section, the COUNTY and WMC shall be notified by SOUTH ARAPAHOE in advance of the performance of the cleaning work. Each annual inspection, and any necessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 1999, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe. 8.3. Th• COUNTY and WMC are jointly and severally liable tor any and all maintenance charges imposed pursuant to the BIA. For the purposes of calculating same, actual ·measured flows from both Taps shall be substituted for the "annualized mid-winter reading" in the formula specified by the said Agreement. 9. costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH ARAPAHOE and SOUTHGATE for the engineering and legal fees they have incurred and will incur in responding to the request by the COUNTY and WMC for the Fairways Tap. These expenses include but are not limited to all plan reviews, consultation, observation, inspection, drafting, analysis, conferral, and reporting. The amount of such reimburs .. ent shall be determined after the Fairways Tap connection is coapleted and .. - -s- • •. I • • 0 ' 2X • • • • .. - 0 I~ ·, - all SOOTH ARAPAHOE and SOUTHGATE engineering and legal work pertaining thereto is concluded, and paid within thirty (JO) days after invoice by SOOTH ARAPAHOE and SOOTHGATE. 10. Discharge Limitations. 10.1 No wastewater from either the Landfill Tap or the Fairways Tap shall be discharged into SOUTH ARAPAHOE facilities between the hours of 5:00 a.m. and 10:00 a.m. or between the hours of 5:00 p.m. and 10:00 p.a. daily. The rate of discharge froa both taps combined shall not exceed twenty (20) gallons per minute during the hours of discharge except that not more than once each day the discharge rate may be increased to a maximum of one hundred twenty (120) gallons per minute for not more than five consecutive minutes. 10.2 The discharge time and rate limitations stated in 10.1 above shall be subject to change as reasonably directed by SOUTH ARAPAHOE if flows fro• the Landfill adversely affect the availability of peaking capacity in SOOTH ARAPAHOE facilities or the Interceptor. 11. Em•rq•ncy Shutoff. SOOTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all ti-• have the right, without liability for damages to the COUNTY or WIIC, to interrupt the disch&r9e of Landfill wastewater in the event of a bloc:Jtage or rupture anywhere within the SOUTH ARAPAHOE syst-, the Interceptor or the Plant. 12. Monitoring; B199rtinq. 12 .1 During the term of this Aqreeaent, the COUNTY and WNC will furnish SOUTH ARAPAHOE, SOOTBGATE and ENGLEWOOD with copies of all flow charts, analytical reports, tests, and test ruults involving the wastewater reaoval prograa sul:laitted by~ to the Colorado Department of Health. Additionally, SOtJTH ARAPAHOE aay aonitor the Taps, review any flow charts, analytical reports, and tests aade by any of the parties, and have access to the Taps to exaaine, inspect, and aake such tests of the Landfill wastewater as it deeas necessary, provided that in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Taps or i.Jlpose an unreasonable administrative burden on WMC. The COUNTY and IIIIC shall rei.Jlburse SOUTH ARAPAHOE for all costs and expenses incurred in connection with any exaaination and testing which does not duplicate information previously provided to SOUTH ARAPAHOE by the COUNTY and IIIIC hereunder . -6- -• ...... •· • 0 ' • • • 0 • 12. 2 The COUNTY and WMC shall monitor contaminants present in the diacharge at both the Landfill Tap and the Fairways Tap, and shall, for both of said taps, provide copies of the docuaents submitted to the Colorado Department of Public Health and Environment to SOUTH ARAPAHOE and SOUTHGATE aa provided in paragraph 13 above, and shall notify SOUTH ARAPAHOE and SOUTHGATE immediately of any changes or new toxic or hazardous material found. 13. cure of Violation•. The COUNTY and WMC ahall correct any violations or breaches of this Agre-ent, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities or the Interceptor. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD, any or all of said parties shall have any or all of the following r-edies: undertake such corrective action aa it de-. necessary; halt landfill discharge into SOUTH ARAPAHOE facilities; disconnect the involved Tap from SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of competent jurisdiction. Such r-edies shall be cuaulative, and the COUNTY and WMC ahall be jointly and severally reaponaible and liable to SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, for all expenaea, including engineering and attorney feea, incurred in connection with the corrective work. In the event of litigation, the prevailing party shall be entitled to recover ita expenaea and coats of auit, including attorney fees and other profeasional teea and chargea. 14. T1n1; T•rwination. 14. 1 Unleaa aooner terainated for any reaaon elaevbere provided, thia Aqreeaent shall extend to and until the expiration of the Englewood Waatewater Contribution Perait for the Fairway• Tap, or May 15, 1999, whichever shall firat occur. 14. 2 Any party aay terminate this Agre-ant aooner for any of the following reaaons: a. ENGLEWOOD refuses for any reason to treat discharge from the Taps; b. Any party co-it• a aaterial breach of any proviaion hereof and fails to cure the .... within a reaaonable ti.lie after service of written notice of breach upon it, which notice shall identify with particularity the act or oaiaaion complained of and the date by which cure ia d ... nded; -7- •. •· • 0 , • • 0 , . • • c. SOUTH ARAPAHOE deterDines that notwithstanding all efforts to regulate volWDe and tillles of discharge, SOUTH ARAPAHOE becomes substantially unable because of impairment of its capacity by discharge from the Taps to fulfill its obligations to users existing as of the date of this Agreement; d. The Landfill wastewater drainage contemplated by this Agreement is completed. 14. 3 Upon the termination of this Agreement, the Landfill Tap and the Fairways Tap shall be disconnected permanently from SOUTH ARAPAHOE facilities in accordance with all applicable regulations of governaental agencies having jurisdiction, including without limitation, the Colorado State Department of Health. All work involved in such disconnection shall be subject further to the approval of SOUTH ARAPAHOE. The COUNTY and WMC shall pay all of the costs incurred in the disconnection of the COUNTY system, including the inspection and other costs of SOUTH ARAPAHOE• s consulting engineer. 14.4. If for any reason the Landfill Tap or the Fairways Tap is disconnected from SOUTH ARAPAHOE facilities before all wastewater is removed fro• the Landfill, the COUNTY and WMC acknowledge and agree that an acceptable alternative means of reaoving such remaining wastewater exists in the fora of truclcing, and that the removal of wastewater froa the Landfill through SOO'l'H ARAPAHOE facilities and the Interceptor as provided in this Agreeaent, while less expensive, is not nec-sary for public health or related reasons. 1s. Tranpission LiabilitiH Liaitad. Neither sotJTH ARAPAHOE nor SOUTHGATE shall have any liability to ENGLEWOOD for daaage to the Plant caused by discharge froa the Taps, but nothing herein shall be construed to relieve SOUTH ARAPAHOE fro• liability or responsibility for its failure or refusal proaptly to carry out reasonable and lawful directives fro• ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Taps. Further, nothing in this section shall be construed to prohibit ENGLEWOOD from including costs to repair damage to ~e Plant caused by discharge from the Taps in the revenue requirements for its treatment charges applicable generally to all customers served by the Plant. 16. Misce11anaou1 Provisions. 16.1 The COUNTY and WMC shall indeanify and save harDless SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, their officers, employees, -a- •• ' ,, - •. I . • 0 '32xl - • • • • and agent•, againat any and all claiaa, daaagea, action•, or cauae• of action and expenaea, including attorney fe•• to which they or any of th-aay be subjected by reason of or in connection with the conatruction, operation, modification, replac-ent, aaintanance, repair, or r~val of either Tap, or the uae of SOUTH ARAPAHOE faciliti•• or the Interceptor by the COUNTY and WNC. 16.2 Thi• Agreement ahall not be aaaiqned, aold or tranaferred by the COUNTY or WNC without th• written conaent of SOUTH ARAPAHOE. 16.3 Should any federal or state law, rule, perait, regulation, o.r order of court render void or unenforceable any proviaion• of thi• Agreement, in whole or in part, the r ... inder shall be in full force and effect to the extent poaaible. 16.7 This Agre .. ent shall not be uaed as a legal defenae or prohibition to a mandatory consolidation of all existing •ewer collection syst ... and facilities into a aingl• go:vernaental entity created to aaauae reaponaibility for ••wer aervice in the area in which the COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under atatutory or conatitutional authority, a• aay be th• ca••· 16.8 Thi• Agr•-•nt auperaedea, te1'inatea and replac .. the 1985 Agr.-ent and th• AaendJllent thereto, in their entirety. 16.9 The above and foregoing conatitut .. the whole aqreeaent between the parti•• and no additional or different oral repreaentation, proai•• or aqr.-.nt ahall be bindincJ upon any of the parties hereto with r••pect to the aubject aatter of thi• Aqre-ent. IN WITNESS WHEREOF, the partiea have aet their bands and aeals, effective the day and year firat above written • -9- ... ' l .. .. I . • 0 , ] ClfCllili- .. A:J:" ' ~~L.r..-Donetta~on county Clerk and Recorder (SEAL) ATTEST: Loucrlibla Elli• City Clerk (SEAL) AT'l'EST: / i ~d {',,_· ),,itf.a. .,_ l ',d/l ("- :,u, ia SWearin9en ,// · . . Secretary (/ -. ·: .. :(~EAL) . .. •. I•; --~ . .,. : - • I , ....... ..... ,· r . r,. ...... . { ( .. • "' -. , • '· CITY OF ENGLEWOOD, COLORADO . : : : : : . : . : ....... ~ ...... By:=----,,,,.--=------·-·;:·· -(I· :I.I!-:~·:-~:-: Tho-• Burns, Nayor \/~: {) < I . • -10-0 ' '32xl secretary (SEAL) • • • WASTE MANAGEMENT OF COLORADO, INC. By:~~~- Leo t er, Vice Pr .. ident, Bnvironaental Nanag ... nt CONSENT OF SOUTH ENGLEWOOD SANXTATIOH DISTRICT HO. 1 SOtJTR ENGLEWOOD SANITATION DISTRICT HO. 1, being a party to the Baain Interceptor Agreeaent, acknowledge• receipt of a copy of thi• IIASTBlfATD TRAlfSNISSIOH AGllEDIEN"1', and declU-tbat it conaenta to th• .... having been entered into by the other parti-to aaid Baain Interceptor Agr...-nt. Dated thia ...iSh.. day of _..Ape-..i...,l ___ , 1995. SOOTH ENGLl:lfOOD SANITATION DISTRICT lfO. 1 ' 1 , r I:.. I. . , • 0 1 ~~x i • • • ~--· • ct--------.. " ~ -- JOB NO. IICI-803 Dm: 4-13-94 BY': TJC DI.lilt PD I HCI HYOROLOGIC CONSULTANTS. INC. LOCATION OF STUDY AREA .. ...... E1GtiR! 1 I I {:, • I ., I . • 0 1 J2xl - • Date Junes, 1995 INITIATED BY • • , . • COUNCIL COIMINICATION 10 a ii STAFF SOURCE Subject Ordinance for lntllrgovemmental Agreement with ThomtDn Department of Public Wor1cs ChartN Ealerty, DlreclDr of Public Worb COUNCIL GOAL AND PREVIOUS COUNCI. ACTION City Council approved Ordinance No. 29, Series of 1994 to enller an agreement with the City of ThomtDn to exchange our RotomiUing services for goods provided by Thornton. RECOIIIIENDED ACTION Staff seeks Council approval of an ordinance to enter an agrwr*1t wllll the Cly of ThomtDn to exchange our Rotomilling services for goods provided by Thomton. BACKGROUND, ANAL YIIS, ANO ALTERNATIVES lui:N irlED The City of Englewood currently providN R<*Jlnaig ..vices 10 the <:Ilea ofw.tl, ..... and LilllelDn in exchange for paint striping and~ work, ~-Conlinl*'II cu ...,.It wllll the Cly of ThomlDn, Englewood would receive i11rm of c:hoiee, including lald.lult; hat mixed asphalt or crushed aggregam. FINANCIAL .. ACT Based on $0 .37 per squant yard, this amounts IO a subltantlal UYlnp for ThornlOn and a benefit for the City of Eriglewood. UST OF ATTACHIENTS Bill for an Ordinance lntmgovemmental Agreement ...... I . • 0 • ORDINANCE NO. _ SERIES OF 1995 • • • (. BY AUTHORITY FOR /J I)._ i( ~ AN ORDINANCE AUTHORIZING AN INTEJlGOVEBNIIENTAL AGREEMENT BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMILLING SERVICES TO THE CITY OF THORNTON FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS. WHEREAS, the City of Englewood owns, operates and maintain• a millinc machine utilized to remove the asphalt or concrete amf'-from roadway, for the purpoee of overlaying new asphalt or concrete; and WHEREAS, the City of Englewood currently provides rotomillinc aervices to the Cities of Westminster and Littleton in exchange for paint ltripinc and concrete work; and WHEREAS, thi1 agreement provide, the City of Thornton with rotomilline aervicel by the City of Englewood in exchange for Englewood'• choice of aand/aalt, bot mixed asphalt, or crushed agrepte; and WHEREAS, the citizens of both the City of Englewood and the City of'niornton benefit from such an a,reement; and WHEREAS, the City Council of the City of Enelewood, Colorado authorized such a,reement with the pauap of Ordinance No. 29, Series of 191M; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ef:tign 1. The interpvemmental qreement with rnpect to an qreement betwwl the City of Thornton, Colorado and the City ofEnslewood, Colorado for an exchanp of the City of Englewood's rotomillinc services to the City of Thornton for aand/aalt, hot mixed asphalt, or cruahed aaregate materials, attached hereto u "Exhibit A." ii hereby accepted and approved by the Englewood City Council. Miao 2. The Mayor i1 authorized to eucute and the City Clerk to attest and aeal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on ftnt readins on the 5th day of June, 1996. .. ... -1- ' "' - • . • .. I . • 0 '32xl - • • • ~- .. - Publiahed u a Bill for an Ordinance an the 8th day a .June, 19915. Tbomu .J. Burne, Mayor ATTEST: Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Clerk a the City a Enpwood. Colondo, beNby _.tay that the above and forepinc is a true copy a a Bill for an Ordinance, introclaeed, Nad in fWI, and paSNd an ftnt rudiDc an the 5th day or .June, 1995. -2- . , •, .. I . . 0 1 32xl • • ,,, _ • , . . • ' '· EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES THIS AGREEMENT is entered into this __ day of 1995, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as "Thornton") and the City of Englewood, (hereinafter referred to as ''Englewood"). WHEREAS, Section 18(2)(a ) of Article XIV of the Colorado Constitution, as well as Sections 29-1-201, et .li!:Q·, and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, Thornton wishes to utilize said milling machine for use in maintenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contract with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to the citizens of both Thornton and Englewood. NOW THEREFORE THE PARTIES HERETO, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND sumCIENCY OF WlilCH IS HEREBY ACKNOWLEOCED, HEREBY AGREE AS FOLLOWS: A. RESPONSIBILITIES OF ENGLEWOOD 1. Englewood shall make available to Thornton its milling machine during the period between June 26 , 1995 and July 14, 1995, inclusive, for the purpose of milling approximately twenty-seven thousand two hundred thirty (27,230) square yards of asphalt at a depth of one and one-half inches. 2. Englewood shall perform, at all times, all repairs and maintenance to the milling machine necessary, including the time periods in which the milling machine is being used in Thornton. -1 - .. ....... ' • l • . ... I . • 0 ' • • ,,_ • • 3. An employee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications directed by Thornton during the above specified time periods. If a contractor of Englewood is used to perform the work hereunder, that contractor shall be required by Englewood to indemnify the City of Thornton, it's officers, and employees from and against all liability, claims, demands, and expenses, including court cost and attorney fees, on account of any injury, loss, or damage, which may arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the negligent acts, errors, or omissions of the contractor, or any officer, employee, or agent of the contractor. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this Agreement, Worker's Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance with minimum combined single limits of not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood's participation in a governmental insurance pool (CIRSA). Englewood shall cause any contractor of Englewood to procure and maintain minimum insurance coverage listed herein. B. RESPONSIBILITIES OF THORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by Englewood from the following items: a) sand/salt b) hot mixed asphalt c) crushed aggregate 2. The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost of milling twenty-seven thousand two hundred thirty (27,230) square yards of asphalt one and one-half inches deep. The value of the above is S.37 /square yard . In the event the amount of roadway milled is less than or more than the above, the value of the goods provided to Englewood by Thornton shall equal the yardage milled times $.37 /square yard. AC/0,Z...., ENCLEWD/1C -2 - ...... I . • 0 'a2xl • • 0 I • • 3. The goods shall be delivered to Englewood by the vendor of the goods once the milling has been completed and the total amount and nature of the milling has been calculated . Once the amount has been calculated and agreed to by both parties, Thornton shall complete a vendor purchase order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section B. 2. above. 4. Thornton shall be responsible for all traffic control and material removal at the site of the milling work and any other work not associated directly with the operation of the milling machine itself. C. ASSIGNMENT . This Agreement shall not be assigned by either party without the prior written consent of the other. D . NOTICE . Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties . Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to : Ci ty of Englewood Street Operations 2800 S. Platte River Dr. Englewood, CO 80110 c /o Wayne Oakley City of Thornton Street Operations 9500 Civic Center Dr Thornton, CO 80229 c/o Mason Staub E. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. F . INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed b y the parties. If any other provision shall be affected by such holding, all of the remaining provisions of this Agreement shall continue in full force and effect. G . WAIVER OF BREACH . A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party . AC /052.-,, ENCLEWD /TG .. - -3 - ...... ,. - •. ... I . • 0 I I I;. . '32xl ] • "' -• • • (. • H . VENUE . This Agreement shall be ·governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. I. TERM. This Agreement shall terminate at such time as the conditions stipulated herein are complete or upon 10 days advance written notice, whichever occurs first. In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. J. COMPLIANCE WITH LAW. The work and services to be performed by the parties hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. K. ADDmONAL DOCUMENTS OR ACilON. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. L INDEPENDENT CONTRACTOR. The parties hereto agree that the employees, contractors, and sub-contractors of one party are not in any way to be construed as employees of the other party and as such each are independent contractors. Notwithstanding any provision appearing in this Agreement, all personnel assigned by Englewood to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Englewood for all purposes. Further, all personnel assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes. M. GOVERNMENT AL IMMUNITY -The parties hereto understand and agree that Thornton and Englewood, their officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations (currently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 ~-, as it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees. N . AUTHORITY . The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Thornton and Englewood. AC/052295 ENCLEWD /TC -4 - .. I . • 0 I • • I • C. • <. r DONE AND SIGNED ON TIIE DATE ABOVE FIRST WRITTEN BY : CITY OF THORNTON Margaret Carpenter, May~r • ATTEST: Nancy Vincent, City Clerk CITY OF ENGLEWOOD ATTEST: City Clerk I . . AC/OAffl.lNCUWO/'IC -5 -0 • • • "' - 0 , • ·, • - COUNCIL COMMUNICATION Data Agenda Ham Subject Extension of current Cable June 5 , 1995 10 a iii Television System Permit lnitiatad By I Staff Source Department of Administrative Services Perry Movick, Manager of Info. Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Passage of Ordinance No . 4 , Series of 1980 -Authorizing Cable Television Permit. Passage of Ordinance no . 37, Series of 1992 -Authorizing costs incurred in Franchise negotiations. Passage of Ordinance No. 38, Series of 1992 -Authorizing entering into an intergovernmental agreement for Greater Metro Cable Consortium . Approval of Council Bill No. 68, Series of 1994 (first reading) -Adoption of Customer Service Standards for Cable Operators RECOMMENDED ACTION Staff seeks Council Adoption, by ordinance, for extension of the current Cable Television System Permit on a month-to-month basis . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City's current Cable Television System Permit expired on April 6th, 1995. In 1992 the City entered into an intergovernmental agreement, the Greater Metro Cable Consortium. During 1992, the Consortium began negotiating with TCI on a "Model Franchise Agreement.· The Model Agreement would then be used by all the member cities as a starting point in their own negotiations with TCI . .. -....... •. I· • 0 - • • ~ . • ' While the Model Agreement is close to completion, it still not at a point where Staff recommends entering into negotiations with TCI. Staff recommends extending the current Permit on a month-to-month basis until such time that a new Franchise Agreement is completed. FINANCIAL IMPACT There are no significant changes anticipated in revenue betWeen our current Permit and the new Franchise Agreement. WithoUt extending the current Pennit, TCI could be forced to cease operations. This would eliminate cable services to thole citizens who subscribe and in tum would stop Franchise Fees from being collected by the City. UST OF ATTACHMENTS , - . ' • ' .. I . . 0 '32 x l • • • • . . -/0 a__, //1 BY AUTHORITY SERIES OF 1996 '125 MICIL ORDINANCE NO. ~5 AN ORDINANCE AUTHORIZING AN=:: OF THE CU= ~I= SYSTEM PERMIT .• WHEREAS, the Enclewood City Council approved Ordinance No. 4, Series of 1980 authorizing the current Cable Television Syltem Permit which expired April 6, 1995; and WHEREAS, Council approved Ordinance No. 38, Series of 1992 which authorised enterinc into an interaovemmental agreement for Greater Metro Cable Conaortium to neptiate a new agreement; and WHEREAS, the authorization of this Ordinance ahall approve e:a:tenaion of the current Cable Television System Permit on a month-to-month buia until the new agreement is finalized; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se<;tjgp 1 The City Council of the City of En,lewood. Colorado hereby approves the atenlion of the current Cable Television System Permit on a month-to-month buia until the new lll"Nment i1 finalised. Introduced, read in fWl, and puaed on fint readinc on the 5th day of June, 1995. Published u a Bill for an Ordinance on the 8th day of June, 1995. Tbomu J. Burns, Mayor ATTEST: Loucrishia A Ellis, City Clerk I, Loucriahia A Ellis, City Clerk of the City of Bnciewood, Colorado, hereby certify that the above and forepinr is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on ftnt rudinc on the 5th day of June, 1995. Loucriahia A lllia -1- ..... ,, I . • 0 '32xl ] c:a:: .. • • • • ,. ... COUNCIL COMMUNICATION Date June 5, 1995 I Initiated By ADMINISTRATIVE SERVICES Agenda Item 10 a iv I COUNCIL GOAL AND PREVIOUS COUNCIL ACTION I Subject Office Supply Contract -1995/96 Staff' Source RANDIE BARTHLOME City Council reviewed and approved the Bid Proposal and Contract for Office Supplies for the year 1993 with Scott Rice. The Contract was extended through 1994 with Corporate Express, who purchased Scott Rice. The contract is currently on a monthly renewal . RECOMMENDED ACTION Approval of the 1995/96 Office Supply Contract with Boise Cascade Office Products. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Of the five bids solicited only two bidders met the bid criteria. They were Mile High Office Supply and Boise Cascade. Mile High was the lowest bidder on the City's top 100 items in terms of volume. However these items represent only I 00/o of the yearly dollar volwne of purchases. Boise Cascade's catalog discount prices, which would apply to the remaining 900/o of the dollar volume of annual purchases, were deeper. This pricing would allow the City to realize the greatest level of overall savings on aggregate office supply purchases. Boise has also agreed to a minimum of a 900/o delivery goal which will be reviewed by a member of the Purchasing Division on a monthly and quarterly basis. FINANCIAL IMPACT The results of the analysis of bids reveals that the Boise Cascade contract will provide the greatest level of savings to the City on office supply purchases. The dollar value of the I 00 highest volume supply items was I 7 .2% lower than the dollar value of 1994 purchases under the existing contract with Corporate Express. Further, the proposed contract includes penalties for failure to achieve service standards, amounting to as much as $500 per calendar quarter. LIST OF ATTACHMENTS Agreement Exhibit "A'' -Office Supply Bid (Top 100 items from 1994) Exhibit "B'' -Office Supply Evaluation/Comparison Exhibit "C " -Office Supply Sample list Exhibit "D" -Mile High versus Boise catalo& pricing • . .. I . • 0 - • • • I • . • ' AGREEME NT THIS AGREEMENT entered into the day of , 1995 by and between the City of Englewood. Colorado (hereinafter referred to as "the City"), whose address is 3400 South Elati Street. Englewood, Colorado 80110 and (hereinafter referred to as ··Vendor"'), whose address is-------------- WHEREAS , the City is desirous of obtaining a desk top delivery office supply stockless system for all office supplies to be provided to various departments and locations and Vendor desires to provide this service. TER.i~SOF AGREEMENT I . The term of the Agreement shall be for a period of one year starting June I . 1995 up to May 31 , 1996, and upon the expiration of said period. the Agreement may be continued solely at the option of the City for an additional one (I ) year. upon delivery by the City of written notice to the Vendor gi ven not less than thirty (30) days prior to the end of the current Agreement to such effect. The terms and conditions during any renewal terms shall be the same as the terms and conditions during the original term except the prices/discounts shall be those provided in a letter outlining the Vendor·s prices/discounts that shall be available for the twelve (12) month period as set forth in Paragraph 2. 2. Preceding the Agreement period the City shall require the successful Vendor to submit a letter to the Buyer of the City of Englewood citing firm prices/discounts that shall be applicable for the next twelve ( 12) month period. The City reserves the right to accept or reject any/all increase(s) that may apply as set forth in Paragraph 1. 3. The City shall be provided office supplies according to the actual needs of the various C ity Departments and only upon request of that Department. 4. Vendor shall provide all bid items in accordance with the specifications as found on Exhibit ·'B", Minimum Requirements/Specifications. s. 6. Delivery time shall be based on the promised delivery date and upon receipt of material(s) at the locations in the City of Englewood, Colorado as set forth in Exhibit "A" Minimum requirements/Specification. Failure of Vendor to meet the promised delivery schedule, or any other discrepancies that have not been resolved within a set time period, may subject the purchase order or this entire Agreement to cancellation in its entirety. Delivery of material shall be made to the various locations in the City of Englewood as found on Exhibit .. A., Minimum Requirements/Specifications. ...... II - • . < ) .. .. I . • 0 '32xl • 7. • 0 • The City estimates the total purchases to be approximately $40.000 over a twelve month period. The dollar amount may increase or decrease according to the City 's actual needs during the Agreement period. The City shall not be obligated for the estimated dollar amount listed on the Proposal or this Agreement, but shall only be obligated for the charges applicable to the actual requirements and request made from the City Depanments listed on Exhibit ··A " to the Vendor, during the period covered. 8. The Vendor must stock. as a matter of routine. the materials listed on the proposal and order forms as requested by the City Departments listed on Exhibit "A ". 9 . In the event the Vendor cannot furnish materials, the City reserves the right to purchase immediate requirements on the open market. 10 . GUARANTEE: The Vendor shall guarantee the City of Englewood that all products to be included related item(s) shall be furnished in accordance with the brands quoted on Exhibit ··B". Further. Vendor unconditionally guarantees the workmanship and material in any item supplied. \ierchandise found to be defective in either workmanship or materials shall be replaced at the full expense of the Vendor within fifteen ( 15 ) working days from the date the Vendor is notified of the defect. 11 . REJECTION : Any item which fails to meet the requirements of the City as to quality of product. workmanship, measurements. or other factors. may be subject to rejections and cause for termination of . .\greement. 12 . The Vendor shall provide the City with a detailed invoice with the delivery and a statement relative to that invoice on the tenth ( l 0th) day of each month. Invoices must be accurate and submitted on a timely basis . The invoice charges shall be categorized by depanments. All receipts shall reflect the chargeable Department, quantity, services, and costs o f each item . The City shall pay for said services by the last working day of each month for the prior month· s disputed invoice . Repeated receipts of incorrect invoices shall subject the Agreement to cancellation. 13 . TERMINATION : As a municipality, which is on a budget. we intend to make all 14. monthly payments as required . In the event the City does not appropriate funds for the continuation of this agreement and it has no funds to continue this agreement and after the City has given the successful bidder thirty (30) days written notice of termination, this Agreement shall terminate . The Vendor will guarantee a 90% delivery rate based upon items backordered and a 24 how· delivery service . This backorder/delivery time will be based upon a delivery report generated by the Vendor and reviewed monthly by a representative of the City. If the Vendor fails to meet this guaranteed service schedule during a three month time frame, the Vendor will issue the City a 5% credit, based on quarterly purchases, up to five hundred dollars ($500). This delivery guarantee is based on each individual order and not necessarily all orders as a group . Special order items, will be considered on a case by case basi s . If service would continue to be a problem. based on the above criteria, the City will have the option of canceling the entire Agreement . .. .... 2 • I • • 0 I • • ·, • '· 15 . Both parties hereto represent that they have read this Agreement, understand it, and agree to be bound by all terms and conditions attitude herein and acknowledge receipt of a signed, true and exact copy of this Agreement together with such documents referenced including the request for bid, minimum requirements/specifications bid proposal, office supplies which shall constitute the entire Agreement with respect to the subject matter herein. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. ATIEST: CITY OF ENGLEWOOD Lou Ellis, City Clerk Randie Banhlome, Director Administrative Services APPROVED AS TO FORM: Daniel Brotzman, City Attorney ATIEST: VENDOR Secretary Title :. __________ _ 3 ,,,_ ....--m""'_ ...... .._. \ r ,~l .... • . I . . 0 f 32xl • • • ff ·, • <. OFFICE SUPPLY BID Summary of Results BldA BldB ExhlbltA .... Hip Office Actual ttN Bid A Bid B Pure"- Aggregate cost -100 hlghesl volume lems (1994 IIClual purclleseS) $3,097.43 12,801.13 12,115.48 $2,151.00 $3,738.72 3.097.43 Mlle High Bid A Annual Savings (compared to 1994) Dollars " Aggregate cost -catalog price compar1son (Exhibit D) Cost Difference - Dollars " $837.23 $912.02 1141.29 17.2'11o $74.79 l.2'11o NOTE -Bid A 1W1ec:1s prtclng on the eac::t llrand -...... In lie 11111 far al 100 office llapply ..... Bid ............. wlllcll tlle vendor' .... ---........... llrande ol the apecllled praduc:t for e Nlect, llmled frac:llon ol the 100 produda wlllcll .... Included In the 11111. •. .. I . . 0 f 32 x l ' , ' . ' ' £ • . I ./ ,....., ' Two copies of bid proposal Term of contract 1 Full year lndividl!4II pr~ ~ il8!!'5 Bid _ex~ itenl! s~fied -- Catalog supplied with bid Sample Reports supplied with bid Statement -Bid In accordance ----------- Statement -Delivered In accordance - . . OFFICE SUPPLY EVALUATION/COMPARISON Exhibit "B" BOISE CORPORATE CASCADE EXPRESS EASTMAN Yes Yes Yes Yes 11 Months 9Monlhl - Yes Yes Y• - Yes Yes -one exception Noumples~ Yes Yes Yes -· Yes No No Yes Yes No -·------- Yes Yes No • • • • FAISON MILEHIGH Yes Y• Yes Y• ---- Yes Yes -- Yes !9-!:. .... ~· Yes Y• No Y• ., Yes Yes -- Yes Yes ------------. -- Three references Yes Yes Yn Yes Yes ----~---• < Minimum discount off standard catalog prices . 43% 15% to 70% 31% 2ft, --·-··-------·--- • 35% off large catalog, 50% off smaN catalog 0 / -X (\j M ' • I ' • . . .t . I j I, ITEM NO . PART NO . 7 ACC72020 8 ACC72380 13 PENK105 -A 15 SMDR2370E 17 SMDT118BK 19 MMM810-3/4X36 20 PIL35363 21 AMP20--620 22 SMD2-153LLV 23 AMP20-670 24 MMM655RP-YW 28 PILPV7BK 30 AMP20-170 31 ACC72050 34 AMP20-525 37 SWl35108 - 40 BICCSM11 -BK 41 660-YWMMM - 45 BICRE11-BK 51 PIL30005--- 58 MMM680 -1 60 AVEPl213-8C 68 AMP20-770 69 BICGSM11-BK 70 PAP981-01--- 79 EXP600 80 654-GNMMM - 82 20-360AMP -- 83 72100ACC 85 BERF30BK --------- . . OFFICE SUPPLY -SAMPLE LIST Exhibit "C" BOISE CORPORATE DESCRIPTION CASCADE EXPRESS CUP, BINDER 3/4X3/8 SMALL OK OK CUP. PAPER #1 --oK-----OK ___ PEN HYBIRD BPT BLK --oK-----6K ___ FILE POCKET LGL 2/SR 3.5 --OK-----OK ___ COVER REPORT BK L TR .5 --oK-----oK ___ TAPE MAGIC #810 3/4X1296 --oK-----6K ___ PEN ROLLER MTL BLK --OK-----OK ___ PAD MICRO-PERF EBSY L TR GY---oK--___ 61< ___ FOLDER 1/3 LR 11 PT L TR --oK-----OK ___ PAD MICRO-PE RF EBSY L TR BE --oK-----OK ___ PAD POST-IT RECYC 3X5 YW ----oK-----oK ___ ROLLERBALL PRECISE V-7 FBK --oK-----6K ___ PAD LEGAL RECY 8.5X11 75-W ---oK-----OK ___ CUP BINDER~1-1/4X5/8 MED -----OK-----oK ___ PAD MICRO-PERF EBSY L TR BE---oK-----6K ___ STAPLES SF1 STD SPD PT SM --oK-----oK ___ PEN CUC STIC BLK --oK-----6K ___ PAD NOTE RULED YW 4X6 ------OK-----oK ___ PEN ROLL METAL POINT BK -----OK-----oK ___ PEN BALL PT RTRBL MED BLAC ---oK-----oK ___ FLAGS MAP POST IT RED -------oK-----OK ___ INDEX RG/BK 8CLEAR 11X8 .5 ----OK-----6K ___ PAD MICRO-PERF EBSY L TR RE---oK-----OK ___ PEN BALL BK M. BIC BIRO ------OK-----OK ___ ROLLER FLEXGRIP BLUE FINE----oK-----OK ___ STAPLE REMOVER #95691 ------oK-----oK ___ PAT NOTE GN 3X3 -----------oK-----oK ___ PAD 8 5X11 WHITE LGL 50 ------OK---su1>stiiuie - CUP BINDER 2X 1-1 /4 LARGE -----oK-----OK ___ PEN PORS BK F. BOLDUNER ___ --oK-----6K ___ ----------------------------------- Page 1 • 0 / -X N M • ' • ~ • __ ... EASTMAN FAISON MILE HIGH Of( Of( -------OK--~J I -------OK--Of( -------oi<----OK--------OK----OK-- -------o,(---OK-- -------OK----OK---------OK----OK--------OK----OK---------OK----OK-- -------OK----OK---------oi<----OK---------OK----OK-- -------oi<----OK---------OK----OK-- -------oK--su6siltute -------OK----OK---------oK----c=,K---------OK----OK-- -------OK----OK-- -------oK----oi<---------oi<----oK-- -------oi<----OK---------oi<----OK---------OK----OK---------OK----oK----------OK----OK---------oi<--su1>siltiite --------oi<----oK-- -------a,(---OK-------------------- • I " • . ~ . I j .' I ~ \ MISCELLANEOUS PRICE COMPARISONS FROM EACH CATALOG Exhibit "O" CATALOG MILE HIGH MILE HIGH BOISE BOISE NUMBER DESCRIPTION LIST PRICE DISCOUNTED LISTPRICE DISCOUNTED KEl-70-102-05 Calendar s 8.15 s 587 s 8 .15 s 5.30 MMM-2000-AG Overhead Projector s 689 .00 s 496 .08 s 718.47 s 465.71 MMM-PP-2500 Transparencies s 52 .05 s 37 .48 s 54 .18 s 35.20 KNM-78-091 Binder s 9 .89 s 7.12 s 9.N s 8 .43 MER-600 Dictionary s 7.95 s s.n s 7.98 s 5.17 SHR-El-2197011 Clllcullltor s 109.99 s 79.19 s 109.99 s 71 .49 KEI-OG-2500-00 08lk Clllet'* s 5.25 s 3 .71 s 5.25 s 3.41 ROLVIP-124-BK Rolodex s 39.50 s 28.44 s 41.00 s 28.85 MMM-PF400XL Privacy Screen s 329.95 s 237 .58 s 319.IO s 207 .87 SAN-&4501 Mechanlcal Pencil s 1.29 s 0 .93 s 1.39 s 0 .90 QRT-5001 While Board Markers s 7.50 s 5.40 s 7.50 s 4.88 AVE-5274 Diskette labels s 6 .18 s 4.45 s 8 .49 s 4 .22 TOTAL S 1,266.70 s 912 .02 S 1,288.04 s 837 .23 • 0 / -X N M '-. p • • • • ,,,_ • COUNOL COMMUNICATION Dale Agenda Item Subject June S, 1995 Collective Bargaining 10 a V Contract Between the Oty and the EEA for 1995 and 1996 Initiated By Staff Source Department of Administrative Services Randie L. Barthlome, Director of Administrative Services COUNOL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Contract with the Englewood Employees Association was approved by Council for 1995 and 1996, with the provision of a wage reopener in 1995 to set wages for 1996 . RECOMMENDED ACTION Staff requests Council approval of the wage agreement to the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for 1996. BACKGROUND, ANALYSIS, AND AL TERNA 11VES IDENTIFIED The City of Englewood and the Englewood Employees Association entered into negotiations in May of 1995 in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duly ratified, by a majority of the members, the tentative wage agreement to the Collective Bargaining Agreement. Under Article 9, page 5, employees covered by the Contract will receive 45( per hour base wage increase for 1996 . ...... • . .. I . • 0 '32xl • " - • ~ • ' '· FINANCIAL IMPACT 'There are approximately 185 employees a,vered by the contract. 'The 45 cents per hour impact on wages and the benefits that are impacted by wages is approximately $20f,535 (salaries by approximately $164,749 and benefits by approximately $39,786). This represents about a 3% increase on salary and benefits. USTOFA1TACHMENTS • . ' .. I . . 0 I ~.,')( I • • • •, • .. - /() a v RBSOLUTION NO. !iJ._ SBRIBS OP 1111 A RESOLUTION APPROVING THE WAGE AGREEMENT TO THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 19915 THROUGH DECEMBER 31, 1996. WHEREAS, the City Council of the City oL Eqlewood, Colorado with the puup of Raolution No. 90, Series oL 1994 approved the Collectiw Bupininc Cona.t with the Eqlewood Employees Auociation which it eft'eetive from January 1, 19915 throup Decemher31, 1996;and WHEREAS, the Collective Barpininr Contract with the Eqlewood Employees Auoc:iation wu approved by City Council with the provision of a wap reopener in 19915 to set wares for 1996; and WHEREAS, the City of Enclewood and the Enclewood Employees AslOCiation entered into neeotiationa in May, 1995 in accordance with the Enelewood City Home Rule Charter and a tentative qreement wa1 neeotiated for the aalarin for 1996; and WHEREAS, the memben of the Enrlewood Employees Auociation duly ratified, by a majority of the memben, the tentative wap qreement to the Collective Barpininr Agreement; and WHEREAS, there were no lipificant chanp1 to the contract from the previous contract other than a change in the rate of wap increuea. All employee• of the City of Englewood represented by the Enrlewood Employees AslOCiation and covered by this Contract shall receive an increue of forty-five (S.45) per hour on the 19915 bue wap rate eft'ective January 1, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scs;tjgp 1 The City Council of the City ofEnclewood, Colorado benby approvn the Wap A(reement to the Collective Barpininr Contract between the Enclewood Employees Auoc:iation and the City of Enrlewood for the period of January 1, 1995 throuab December 31, 1996. All employen of the City ofEnclewood reprnented by the Enclewood Employ ... Asaociation and covered by this Contract shall receive an increue of forty.five (S.45) per hour on the 19915 bue ware rate effective January 1, 1996. ADOPl'ED AND APPROVED this 15th day of June, 1995. ATTEST : Tbomu J. Burn1, Mayor Loucrishia A. Elli,, City Clerk I, Loucrilhia A. Elli1, City Clerk for the City of Enclewood, Colorado, henby oertily the above is a true copy of Re1olution No._, Serin of 19915. ..... ' . I. , . , • 0 - • • t• • SENT BY:seMPLE 6 JACKSON. P. C.; 5-31-i5 4:02PM 3038619608-7822300 :, 3 • APPPPWM I9 CAI I lmD'. l+BG+INJNG MillWPC'C ENGLEWOOD EMPLOYEES .USOCATION and ClTY OF ENGLEWOOD ..,.. to me faUawtDc Addendum to me eamn.:t betaw die Ci, al EDp,waod and E.qlnood Pmplayw Aalodetion for me ,-n 1995 ud UM u a remit at mtotiatirm in April. 1995: Article 9. COMPENSAnON. F. All emplayeea of tho City ofEqlftOOCI repreNDted bytbe l!aaJewood EmplayNI M!Odedon end c:ownd by this Cam:rect shall recehe en mc:eue of fony-fiva cenu ($.45) per hour cm. tho 1995 hue wep rate effecme Jemmy 1. 1996. IN WI1'NESS WHEREOF, the parties have c:amed this Addendum to be: sfped by their respedivc ~ and tboir lipamres pieced tbereoa. an this_ day of_ -----1995, at E.qlewood, Coloredo. ClTY OF ENGI.l!WOOD ATTEST: ... ENGUWOOD EMPLOYEES ASSOCIAnQN APSCME LOCAL #303 ..... I . . 0 , xi • ,,_ • • COUNCIL COMMUNICATION Date Agenda Item Subiect Ordinance converting experimental program to June 5, 1995 10avi permanent status. Initiated By Staff Source Allan Stanley, Director Department of Safety Services, Fire Division Kieth Lockwood, Division Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved an experimental program in April, 1993, allowing for the appointment of Fire Division administrative positions outside the classified service of the career service system. RECOMMENDED ACTION Staff seeks Council support for an ordinance hereby declaring this a permanent method for filling the positions of Fire Marshal (1 ), Assistant Fire Marshal (2), Training Coordinator (1 ), Assistant Training Coordinator (1), and Emergency Medical Coordinator (1). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Due to the downsizing within the Fire Division, some organizational restructuring occurred that required the re-assignment of personnel to positions previously held by permanent ranking positions. In an effort to keep the Command staff ranks at a minimum, yet provide upward mobility within the organization, maintain flexibility for the management of the o,ganization, and provide financial reward commensurate with responsibilities, this experimental program was created as a viable alternative. Our two year history with the experimental program indicates that it has functioned to meet the aforementioned results. FINANCIAL IMPACT There are no additional financial costs involved with continuing this program. There is a viable cost savings that will occur due to the sliding pay scale within each position. LIST OF ATTACHMENTS Proposed Bill for an Ordinance ' . , I ... • • 0 '~t\'VI • • • I~ • /o CL v, BY AUTHORITY ORDINANCE NO. _ SERIES OF 1995 OOUNclL IIILI.. MO. 18 MPH8D A BILL FOR 'IN'l'JIODU~Nm. AN ORDINANCE ESTABLISHING THE PERMANENT APPOINTMENT OF SJ:Jtt SAFETY SERVICES FIRE ADMINISTRATIVE POSITIONS OUTSIDE THE CLASSIFIED SERVICE OF THE CAREER SERVICE SYSTEM. WHEREAS, with the puaap of Resolution No. 42, Series of 1993 the Enclewood City Council authorised the establiabment of an eKperimental prosram which appointed ftve (15) Department of Safety Services Fire adminiltnltive poaition1 outlide the clauifted Nrvice of the Career Service Syltem; and WHEREAS, Safety Service• wiabe1 to implement thil program permanently; and WHEREAS, six administrative support position• elrilt within the Fire Division which have been filled by personnel from the clauified service of the Career Service Syltem; and WHEREAS, appointment of certain penonnel outlide the Career Service Syltem would allow flexibility in filling po1itions, and provide equity for po1ition1 commenaurate with responaibility, without violating the Enelewood Firefighten Auociation Contract; and WHEREAS, this Ordinance would allow a person filling a position to return to hialher previou1 ulignment within the Career Service System should it become n-aary, bued on performance or department need, or by mutual coment of the employee and the director unlesa conduct requires termination from the City; and WHEREAS, in an effort to keep Safety Services Fire Administration command staff' ranks at a minimum, yet provide upward mobility within the orpnisation and maintain flelribility for the management of the orpnisation, the appointment al thNe position• out.aide of the Career Service Syatem i1 a viable alternative; and WHEREAS, the duties and rnponaibilitiel petfo. awcl by all al the m (6) Fire Adminiltrative Support poaition1 remain vital to the Fire Diviliaa; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scs;t;ipp 1. 'nle Enclewood City Council hereby apprcwea the appointment al m (6) Department of Safety Services Fire Adminiatrative position, outlide the clauiftecl aervice of the Career Service ayatem and such Protram will be u followa : A. 'nlat there ii hereby e1tabliabed the appointed poaitionl al one (1) Fire llanhal, two (2) Aui1tant Fire Manhal1, one (1) Emerpncy Medical Coordinator, one (1) Training Coordinator, and one (1) Auiltant Training Coordinator, outlide of the Cluaified Service of the Career Service Syatem. B. That the individual, appointed to the position• al Fin Manhal, Auil&ant Fire Manha), Emerpncy Medical Coordinator, Traininl Coordinator and Aa1i1tant Trainin1 Officer ,hall retain their richta to their prior Caner Service poaition1 . ' I . • 0 • • • • • <. C. That the individuals appointed to the positions of Fire Manha), Auistant· Fire Marshal, Emergency Medical Coordinator, Training Coordinator and Assistant Training Officer shall retain those Career Service ri&hta for all purposes in connection with retirement, pension, medical benefits, sick and injury leave, v.ation leave, termination pay, benefits to spoUHS and dependent children upon death, and any other such compensation and leaw benefits of the Career Service System. D. That when the Director of Safety Services terminat.es the appointment of a perwn appointed to the position of Fire Manbal, Auiatant Fire Manhal, E-rpncy Medical Coordinator or Traininc Coordinator, Aasistant Traininc Officer no cnnance or appeal under the Career Service System shall uist for that action. E. 'nlat a person appointed from a position in the Career Service System ahall return to their prior Caner Service position, except in the cue of termination of employment from the City which may be appealed to the Career Service Board. G . 'nle Director of Safety Services may, after conmltation with the City Manapr, appoint to the positions of Fire Marshal, Aui1tant Fire Marshal, Emerpncy Medical Coordinator, Traininc Coordinator, and Aasistant Trainiq Coordinator, qualifted ~nel from outside the Department when Department penonnel have been evaluated and found not to have the requiait.e qualifications for the poaition1. H . Those penons appointed that -re not within the Career Service System lhal1 have no Career Service ri&hts. I. 'nle individual appointed to the position of Fire Marshal, Aasiltant Fire llanhal, Emerpncy Medical Coordinator, Traininc Coonlinator, and Auiatant Traininc Coordinator, may enter into a written ll"NmeDt with diff'erent terms from this Ordinance ao Ione u IUCh qreement ii approved by City Council motion . Introduced, read in full, and paued on fint readinc on the 5th day of .June, 199&. Published u a Bill for an Onlin-an the 8th day of .June, 1996. ATTEST: 'nlomu .J. Bums, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Bqlewood, Colorado, hereby certify that the above and foreeoinc is a true copy of a Bill for an Ordinance, introclucld, read in ftaO, and palNd on ftnt readinc on the 5th day of .June, 1996. .... • . .. I . • 0 • • • ,. - 0 , • • 10 bi ORDINANCE NO. CL SERIF.S OF 1995 BY AUTHORITY COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 3, CHAPl'ER 13, SECl'ION 1, SUBSECTIONS 1 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE, 1985 WHICH PERTAINS TO FIREFIGHTERS' PENSION FUNDS. WHEREAS, actuarial clarifications are necessary to fully implement the Firefighters' Pension Fund; and WHEREAS, certain language was omitted in the last ordinance amending this section; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Ses;tjpn 1. The Englewood City Council hereby amends Title 3, Chapter 8, Section 1, by amending Subsections 1 and 4, of the Englewood Municipal Code, 1985 to read as follows: 3-8-1 : FIREFIGBTERW PENSION FUNDS AND PERMANENT DISABILITY' BENEFITS: 3-8-1-1: FIREFIGHTERS' PENSION FUND: Commencing on January 1, 1977, there shall be deducted from the monthly salary efeeeh enli e,e., ,-iii 111em1Nr OF PLAN MEMBERS HIRED PRIOR TO APRIL 8, 1978, of the Englewood Fire Division a sum equal to five percent (5%) of said member's monthly salary pursuant to Part 4, Article 30, Title 31 Colorado Revised Statutes, 1973, which sum shall be deposited in the City's Firefipten' Pension Fund. (Ord. 18 Series 1990) A . THE CITY SHALL MAKE CONTRIBUTIONS ANNUALLY TO THE FIREFIGHTERS' PENSION FUND AT A RATE TO BE DETERMINED IN THE FOLLOWING MANNER: AT LEAST EVERY THREE (3) YEARS, THE FIREFIGHTERS' PENSION FUND SHALL HAVE AN ACTUARIAL STUDY PREPARED RELATING TO THE FIREFIGHTERS' PENSION FUND. THE NORMAL COST OF THE BENEFITS AFFORDED UNDER THE STATUTORY FIREFIGHTERS' PENSION FUND PLUS ANY UNFUNDED COST PRORATED ON A FORTY (40) YEAR FUNDING BASIS FROM JANUARY 1, 1982, OF THE BENEFITS AFFORDED UNDER THE FIREFIGHTERS' PENSION FUND. THE RESULTANT PERCENTAGE WILL BE PAID ANNUALLY FROM GENERAL REVENUES OF THE CITY INTO THE FIREFIGHTERS' PENSION FUND. B . IN ADDITION TO THE POWERS AND OBIJGATIONS IMPOSED UPON THE BOARD OF TRUSTEES OF THE ENGLEWOOD FIREFIGHTERS' PENSION BOARD, BY ARTICLE 30, TITLE 31, COLORADO REVISED STATUTES 1973, SAID BOARD SHALL HAVE ALL POWERS NECESSARY TO SUPERVISE AND ADMINISTER THE TERMS OF THIS SECl'ION. "' .... • •. I . • 0 • • 0 • 3-8-1-4: LEAVING SERVICE PRIOR TO ELIGIBILl'IY: Should any PLAN member-ef.tM FiN Di 4'1iea HIRED PRIOR TO APRIL 8, 1978, luve the service al the City prior to becoming eligible to receive a pen1ion payable from the Firefichten' Pemion Fund, for any reuon other than death, and uid member bu leu than five (15) yean of credited service at termination, said ftrefipter shall be entitled to a refund of hialher accumulated contriblltion to the Englewood Firefichtera' Pension Fund. 'l'be term accumulated cantribution1 lhall mean tbe 1111D al uid Firefishten' contribution to the Fireftpten' Penlion Fund topther with intereat, if any, thereon, u may be determined by the Fireftpten' Pension Board. IF SAID FIREftGBTER HAS FIVE (15) OR MORE YEARS OF CREDITED SERVICE AT TERMINATION, THE FIREFIGHTER MAY ELBCT EITHER: A. Deferred monthly benefit payable beainninr at ap fifty (50) buecl upon the member'• final bue pay, allowing two and one-half percent (2 ur.) for each of the tint twenty (20) yean of c:redited aervice plus one percent (1,.) for each additional year to a maximum of sixty-five percent (815'lf,) ofbue pay; or B. 8-ive a refund ofhialher accumulated contributiona u aet out abaft. (Orel. 18 Seriea 1990) Introduced, read in full, and paued on first readinr on the 115th day of May, 19915. Publilbed u a Bill for an Ordinance on tbe 18th day al May, 1996. Read by title and paued on final readinr on tbe 15th day al June, 1996. Publilbed by title u Ordinance No. _, Series al 1996, on tbe 8th day of June, 1996. 'l'bomu J. Burm, Mayor ATTEST: Loucri1hia A Elli,, City Clerk I, Loucrilhia A Elli,, City Clerk of the City al lqle,rood, Colorado, hereby certify that the above and forepinr ii a true eopy al the Ordinance paaeed on final reedinc and published by title u Ordinance No. _, Series al 19915. -2- ..... .. I. • , t • • ORDINANCE NO. i1_ SERIF.5 OF 1995 • 0 • BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE CREATING CONCRETE REPLACEMENT DISTRICT NO. 1996, IN THE CITY OF ENGLEWOOD, COLORADO; THE REMOVAL AND REPLACEMENT OF SUB-STANDARD CURB, GUTTER, AND SIDEWALK, TOGETHER WITH NECF.5SARY INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNpION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and the laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Concrete Replacement District No . 1995 (the "'District"'), and the construction and installation of curb, gutter, and sidewalk, together with necessary incidentals, within the District; and WHEREAS, notice of a public hearing concerning the creation of the District and the removal and replacement or new construction of the improvements therein wu publi1hed once a week for three consecutive weeks in the Englewood Herald, a newspaper of general circulation in the City, and in addition, notice was mailed, postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place set forth in the notice, the City Council met in open 1ea1ion for the purpoae ofhearinr any commenta, objections, or protests that mipit be made for or against the District or the improvementa to be removed, replaced, or con1tructed; and WHEREAS, all comments, objections, and prote1ta havine been duly heard and considered, the City Council has determined to proceed with the creation of the District and the removal and replacement of the improvementa u ducribed in Reaolution No. 37, Seriel of 1995, paaaed and adopted by the City Council on April 17, 1995; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se!;tign 1 Crnedm a(thp Jkrlr& That a apecial improvement diatrict for the removal and replacement or new conltruction of the improwmenta hereinafter deecribed, i1 hereby created and eatabliahed in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and the law1 of the State of Colorado, and shall be known and designated u "'Concrete Replacement Diatrict No. 1995". All proceedinp, heretofore taken and adopted in connection with the District are hereby ratified, approwcl, and confirmed. Se!;tign 2. lnrtnrrriv een, yd ftnrlCL:elime That the eqineer'1 reports, topther with the preliminary details, specifications, estimates of colt, map1, and achedules attached or appended to .. id reports, are hereby approved and adopted. . -• ,. - 10 b ii I . • 0 , • • 0 I• • $cs;tioo 3. 701FIDI C -. The Diatrict shall be located within the corporate limits of the City and llhall be comprited of all ix the real property acijac:ent to which the curb, eutter, and sidewalk do not meet Ci ty at.andarda, which real property may be uaeued with the coat of the improvement&. A liat containinc the addreaees of said real property is attached hereto as MExhibit Aw . The Diltric:t 1hall also include a limited number of propertiea within the City for which property owners have voluntarily conaented to incllllion into the District pursuant to the City's voluntary conc:Tete replacement procram. The City Council shall consider a bill for an ordinance to include laid properties into the Di1trict on May 15, 1995. $cs;t,jpn f . Q I fhr q(J e The improvement.a to be removed, replaced, or conatructed within the propoaed diatrict include• inch and 6 inch concrete curb, eutter, and sidewalk where said infrutnacture don not meet City atandarda, together with neceuary incidentals. Property owners within the District shall be allowed to privately provide for the removal and replacement or new construction of said improvements at their own expense prior to the removal and replacement or new conatnaction of laid improvements in and for the District; provided however, a construction permit issued by the City must be obtained by said property owners not lat.er than 5:00 o'clock p .m . on Friday, July 21, 1995. Any property owners wanting to privately provide for the removal and replacement or construction of the improvements should contact the office of the Director of Public Works for further information . Sec;tipn 5. InarnemerSIAntbArizrd . The removal and replacement or new construction of the improvements described above in and for the District, and as shown by the plans, specifications, and maps approved and adopted by the City Council, is hereby authorized and ordered, the material to be used in the removal and replacement or new construction of laid improvements to be in accordance with such plans, specifications, and maps. $cs;tion 6. • rnrn& qf Pwr, The probable total cost of the improvements to be removed, replaced, or constnacted within the District i1 $677,000; it is propoaed that the City of Englewood will pay approximately $325,000 of said total coat. The balance of the total coat which is not paid by the City of Enclewood will be assessed apinst the real property located within the District and specially benefited by removal and replacement or new construction of the improvements. The approximate amounts to be usesaed against said properties on a front foot, linear foot, or square foot buis shall be u more particularly set forth in Reaolution No.37, Series of 1995; said unit costs are incorporated herein by specific reference. Sec;tipn 7. Pumu& pf• SMDP The Ulellments will be due and payable without demand within a period of thirty (30) days u set forth in the u-sment ordinance; proviclecl however, that any property owner who shall pay the full aue11ment within laid period of thirty days shall be allowed an allowance of ftve percent (5..,). In the event any owner of real property shall fail to pay the whole of 1uch aueument apinat hi1 or her property within laid period of time, then the whole cost of the improvementl so auesaed apinst such property shall be forwarded to Arapahoe County for collection. The collection by Arapahoe County shall be due January 1, 1997 with the 1996 property tues. 'Die intereat to be paid on unpaid and deferred usesaments will be at a rate established by an ordinance to be adopted by the City Council at a later date. Sec;tipn 8. Uncap. The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the Di atrict and a ceneral benefit upon the City u a whole . -2 - I • • 0 • • • • • .. 5m;t;ipn 9. 8ennbfHty If any one or more aectiona or parta of thia Ordinance aball be acijudpd unenforceable or invalid, such judcment ahall not aft'eet, impair or invalidate the remaininc proviaion1 of thia Ordinance, it beinc the intention that the varioua provisions hereof are aeverable. ,- Sectior JO De I All ordinan-. or parta thereof, inconaiat.ent or in conf1ic:t with tbia Ordinance are hereby repealed to the e:dent only of auch inconaiat.enc:y or confticL Sectior 1J PnHtnesisr -m Ue!Wn Thia Ordinance, after ita final pauap, ahall be numbend and recorded, and the adoption and pablication ahall be authenticated by the lipature of the Mayor and the City Clerk, md by the Certificate of Pablicuiaa. At or about the time of publication of this OrdinanN, a copy r,l this Ordinanee ahall be provided to the county uNUOr and the county treaurer of Arapahoe County and to the DiYWOD of Local Government in the Deputment al Local .Mrain of the Stat.. of Colorado. Thia Ordinance shall become effective thirty (30) daya after publication followins ftnal pauap. Introduced, read in fWl, and puaed on ftnt reading on the 15th day of May, 1995. Published u a Bill for an Onlinance on the 18th day r,/May, 1995. A Public wu held on the 16th day of May, 1995. Read by title and puaed on ftnal reading on the 5th day of June, 1995. Published by title u Ordinance No. _, Seriea al 1995, on the 8th day of June, 1995. Thomaa J. Bum1, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrialua A. Bllia, City Clerk al the Citjy of Bnpwood, Colorado, hereby certify that the above and fonpinc ii a true copy of the Ordinance puaed on ftnal readinc and published by title u Ordinance No. _, SeriN of 1995 . Loucrilhia A. BWa -3- . , • . I. • 0 , • ORDINANCE NO. 4 SERIES OF 1996 • • BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD TO EXTBND THE LEASE OF THE PRO::PUTl' SYSTEMS, INC. CLUBHOUSE BUILDING WHICH IS LOCATED AT THE ENGLEWOOD GOLF COURSE. WHEREAS, the City of Englewood, Colorado currently owns property at the Riverside Miniature Golf Course; and WHEREAS, the City of Englewood and PRO::PUTl' Systema, Inc. have entered into an qreement for the operation of the miniature plf coune and p-brt track; and WHEREAS, Charter requires all intereltl in real property to be approved by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ec;t,ipn 1 The Enclewood City Council hereby approves ntendinc the Buildinc 1Aa1e between Pro::Putt Syat.ema, Inc. and the City ofl:nptwood tbroup the year 2010. 5ec;t,ipn 2 The Building IAale to Pro::Putt Syit,ema, Inc. Clubhome Buildinc located at the Enslewoocl Golf Coune, attached hereto u "Emibit A", ia hereby aeceptecl and approved by the Enslewoocl City Council. The Mayor i1 aathoriud to eacute and the City Clark to attlet and seal the Agreement for and on behalf of the City of Bnclewoocl, Colorado. Introduced, read in full. and puaed on &nt......., on the 11th day of'May, 1996. Publilhed u a Bill for ID Ordinance on the 18th clay of May, 1996. Read by title and puaed on ftnal readinc on the Ilda day of .June, 1996. Publilhed by title u Ordinance No. _ SeriN of 1911. on the 8th day of June, 1996. ATTEST: Thomu .J. Burn,, Mayor Loucriahia A. Elli,, City Clerk I, Loucri1hia A. Elli1, City Clerk of the City ofBqlewood. Colorado, hereby certify that the above and foreping ii a true copy of the Ordinanee puNd on ftnal nadinc and publilhed by title u Ordinance No. _ SeriN of 19N. -1- .. ..... • . 10 b iii .. I. • 0 '32xl • • 0 • EXH IBIT A Bun.DING LEASE This lease, dated is between the CITY OF ENGLEWOOD, 3400 South Elati Street, Englewood, Colorado 80110, as Landlord and PRO ::PUTl' SYSTEMS, INC., as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado; the address of which is the Clubhouse Building at Riverside Miniature Golf Course 2201 West Oxford Avenue, Englewood, Colorado 80110. Said premises, with all the appurtenances, are leased to the Tenant from the date of signing through September 1, 2010, at and for a rental of Three Thouaand Four Hundred Dollars ($3,400.00) per year, payable according to the following schedule: $100.00 per month for the months of January, February and March October, November and December $200.00 per month for the months of April and September $600.00 per month for the months of May, June, July and August. The Tenant may with approval of the Landlord extend this lease in conjunction with the 1995 Agreement for Operation of Miniature Golf Course and Go Kart Track between the City of Englewood and Pro ::Putt Systems, Inc., notice of extension shall be given in writinr before the termination of this lease. THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS : l. To pay the rent for the premises above-described. 2. To keep the improvements upon the premises includin1, drainap, storm sewer, fences, sewer connections, plumbing, wiring and glus in rood repair, all at Tenant', expenae, and at the expiration of this lease to surrender the premiaes in u pod a condition u when the Tenant entered the premises, 1011 by fire, inevitable accident, and ordinary wear excepted. To keep all sidewallu on and around the premiNa free md clear of ice and snow, and to keep the entire premises free from all litter, dirt, debri1 md obatructions; to keep the premises in a clean and sanituy condition u required by the ordinmcn of the city and county in which the property is situated with no 1torap of derelict or junk vehicles. 3. To sublet no part of the premise,, and not to ulip the leue or any interest therein without the written conaent of the Lmdlord. 4. To use the premise• for no purpoaes prohibited by the lawa of the United States or the State of Colorado, City of Enclewood, or of the ordinance, of the city or town in which uid premise, are located, and for no improper or queationable pUJ110NS wha~r. and to neither permit nor suff'er any disorderly conduct, noise or nuisance having a tendency to annoy or di1turb any person, occupying ~acent premilea. 5 . To neither hold nor attempt to hold the Lmdlord liable for any injury or damap, either proximate or remote, occurring throuch or caused by the repairs. alterationa, injury or accident to the premises, or ~acent premiNS, or other parta of the above premises not herein demised, or by reason of the neclipnce or default of the ownera or occupants thereof or any other person, nor to hold the Landlord liable for any iltjury or damap occuioned by defective electric wirinc, 1torm water, nor aaid premisea to be IINd for any purpoee which would render the in1urance thereon void or the inaurance riak more huardoua, nor make any alteration, in or chanrH in, upon, or about aid obtaininc the written conMllt of the Landlord therefor . . -• .. I • • 0 • • 0 I • • 6. To allow the Landlord to enter 11pon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: 7. No assent, express or implied, to any breach of any one or more of the agreements henof shall be deemed or taken to be a waiver of any succeeding or other breach. 8. If, after the expiration of this lease, the Tenant shall remain in possession of the premises and contin11e to pay rent without a written agreement as to such pouesaion, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 9. If the premises are left vacant and any part of the rent reserved hereunder i1 not paid, then the Landlord may, without beinr oblipted to do so, and without terminatinc this lease, retake possession of the aaid premises, making such chanp1 and repain u may be required, giving credit for the amount of rent so received le11 all expenses of such chanps and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 10. The Landlord acknowledges receipt of a deposit in the amount of $-0-. 11. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) in the payment of the rent or any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease. The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable. In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the right to give the Tenant three (3) days written notice requirin1 payment of the rent or compliance with other terms or provisions of the lease, or delivery of the posse11ion of the premises. In the event any default remains uncorrec:ted after three (3) days written notice, the Landlord, at Landlord's option, may declare the term ended, repouess the premi..., expel the Tenant and those claiminr throll(h or under the Tenant and remove the effects of the Tenant, all without beinai deemed ewlty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to which the Landlord may be entiti.d. If at any time this lease i1 terminate under this paracrapb, the Tenant a,reN to peaceftally surrender the premises to the Landlord immediately IIPOD termination, and if the Tenant remains in poue11ion of the premiN1, the Tenant shall be deemed euilty of unlawful detention of the premises. '111e Landlord shall be entitled to recover &om the Tenant all damaps by reason of the Tenant's default, includin( but not limited to the cost to reccwer and repo11111 the premi111, the expenNI of relettin(, necessary renovation and alteration expenses, commi11ions and the rent for the balance of the term of this leue. 12. In the event of any dispute arilinr under the terms of this lease, or in the event of non- payment of any 1um1 ari1iffl under this 1-and in the event the matter i1 turned over to an attorney, the pany prevaiq in such dispute shall be entitled, in addition to other damaps or co1ts, to receive reasonable attorneys' fees from the other party. 13 . In the event any payment required hereunder is not made within (10) days after the payment is due, a late charp in the amount offtve perant (5,J,) of the payment will be paid by the Tenant. 14 . In the event of a condemnation or other takinr by any pvemmental apncy, all proceeds shall be paid to the Landlord hereunder, the Tenant waivinr all richt to any such payments. 15. '111i1 lease is made with the expre11 understandinr and qreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all ricbts of the Tenant hereunder shall terminate and c:eass. 16 . Tenant shall in111re the premiNS for public liability and property damap in the IWII of One Million Dollars with the City of Enrlewood u an additional insured. -2- .... • • "' - I • • 0 • • t• • SHOULD ANY PROVISION ofthia leue violat.e any federal, ltate 01' local law or ordinance, that proviaion ahall be dNmed amended to ao comply with IUCh law or ordinance, and aball be construed in a manner 10 u to comply. Thia leue aball be bindinl on the partiel. their penanal repreMDtatms. IUCCNIOft and auips. When used herein, the sinplar shall include the plural, and the ues at any pnder ahall apply to both pnun. LANDLORD CITY OF ENGLEWOOD TENANTS PRO::PUTl' SYSTBMS, INC. STATE OF COLORADO ) )H. COUNTY OF ARAPAHOE ) 'nle fonpinc instrument wu aclmowledpd before me this_ day at _____ __, 1996, by Scott L Simpaon u Presidant al Pro::Pmt 8yatals. Inc. IN W1TNBSS WHDBOF, I haw hereant.o Mt my band and .macl my afflcial Nal the day and,... tint abaft writ:t.-. My commiuiaa apires: -------NOT.ABT PUBUC -3- . ' • . . .. .. I . . 0 ' 2 I • • ,,, ~ • (• • . , ,. 10 b iv ORDINANCE NO.:JO SERIES OF 1995 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 4, CHAPl'ER 4, SECTION 18, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED SERVICE CHARGE ON RETURNED CHECKS. WHEREAS, the Englewood Munic:ipal Code 1985 baa deftned returned cbedt proceuinc charpa by a dolla,r amount of$15.00; and WHEREAS, the Englewood Munic:ipal Code currently require, an ordinance each time a chance in the dollar amount i1 required; and WHEREAS, the propoaed amendment to Title 4+ 18 of the Englewood Munic:ipal Code will allow the Director of Financ:ial Service, to periodically review and Mt the proceuine charee without an ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SectiOP 1 The City Council of the City « Enclewoocl. Colorado hereby amenda Title 4, Chapter 4, Sec:tion 18, « the Englewood Municipal Code 1985 to rad u follows: 4+18: IIBllVICB CIIARGIC ON BETOIINBD CBCCU: If a check in .-,-t «any..._ or UM tu i1 rewmed unpaid. a pra mlinc cbarp .,.._ ••U.. (tll.lNM will SHALL be added to any -t due and owins-THE PBOCBSSING CHAllGB SHAU. BB PERIODICALLY REVIBWBD AND SET BY THE DIRECTOR OP FINANCIAL SBKVICBS. Introduced, rad in full, and paued on &nt rNdinc on the Uith day of May, 1195. Publilhed u a Bill for an Ordinance on the 18th day ofllay, 1195. Read by title and paued on ftnal readin, on the 5th day of,-. 1195. Publiahed by title u Ordinance No. _, 8-ies of 1996, on the 8th day of June, 1195. ATTEST : Thomu J. Barna, Mayor Loucri1hia A. Ellia, City Clerk I, Loucrilhia A. Ellia, City Clerk oftbe City ofBnpwood, Colorado, hereby Cfflify that the above and fo1'81Qin1 i1 a true copy of the Ordinance paued on final radiq and publiahed by title a1 Ordinance No. __. Seriea of 1995. -1- • ' I. • 0 I • • • ,. - .. 10 b V BY AUTHORITY ORDINANCE No.o2__/ SERIES OF 1995 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 5, SUBSECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED TAX ON STORAGE, CONSUMPl'ION AND USE. WHEREAS, Englewood citizens have voiced concern that the Englewood Municipal Code is unclear whether the use tax is aaaeued on the initial purchase or if it can be UIHaed annually; and WHEREAS, this amendment will clarify the uae tax levied on initial purchase, consumption and use of materials purchased outside the corporate limits of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ed;jgn 1 The City Council of the City of Englewood, Colorado hereby amenda Title 4, Chapter 4, Section 5, Subaec:tion 1, o( the Engl-ood Municipal Code 1986 to read u follows: 4-4-5-1: TAX ON STORAGE, CONSUMPnON AND USE: There ia hereby levied and there shall be collected from every person in the City, a tu upon the INITIAL privilep or storing, uline or consuminc within the boundaries or the City any articles or taneible penonal property purchased at retail from aourcea outside the awporate limits olthe City. Such tu, to become eft'ective January 1, 1988, lhall be payable to, and lhall be colJected by, the Director or Financial Services in accordance with the followiq Khedule: On Storap or Acquuition Chem, oCCou S .01 including S .14 $ .15 including$ .42 $ .43 including$ .71 S . 72 including S .99 $1.C>O includinc $1.28 Sl.29 includinc $1.57 $1.58 including SUS $1 .86 includinc $2.00 NoTu $.01 $.O'J S.03 S.04 S.05 S.05 $.07 On atorap or acquisition charpa or coats, in eueu or two clollan ('2.00), the tu lhall be seven cents ($.07) on each two dollan ($2.00) o( such at.orap or uquiaition chups or coat, plus the tu shown in the above Khedule for the applicable hctional pan or a dollar or each such charp1 or coat. For transaction, consummated on or after January 1, 11Nl6, the City UN tu lha1I not apply to the storap of conatnaction and buildinc materials. (Ord. 73 Series 1991) Introduced, read in full, and passed on ftrat readinc on the 16th da.y ollb,y, 1996. -1 - ..... ,,. - • . .. I . • 0 '32xl J- • . .. • Publiabed u a Bill for an Ordinance on the 18th day or May, 1995. Read by title and paaec1 on ftnal nadinc on tbe Mb da.J or June, 1995. Publilhed by title u Ordinance No . __. s... or 1996, on the 8th day or June, 1995. Thoma .J. Suma, Mayor ATTEST: Loueriahia A. Ellia, City Clerk 1, Loucriabia A. Ellia, City Clerk or the City or Bqlewood, Colorado, hereby certify that the above and foNpinc ia a tnMI copy or the Ontinance puaed on final readins and publiabed by title u Ordinance No. __. Serin or 1995. -2- ' . •. I . . 0 , 2 • ORDINANCE NO.~ SERIF.S OF 1996 • • <. BY AUTHORITY COUNCll. BILL NO. 22 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 4, CHAPl'ER 7, SECTION 11 OF THE ENGLEWOOD MUNICIPAL CODE 1986, TO EXTEND THE LIMITED WAIVER OF WASTE TRANSFER SURCHARGE TO DECEMBER 31, 1998. WHEREAS, with the puup or Ordinance No . 30, Series or 1993, the Eqlewood City Council authorized a limited waiver or wut.e transfer 1urduup until December 31, 199S for certain municipalities; and WHEREAS, the City of Enetewood bu received requem for waiver or the mrcbarp from Littleton and Sheridan for their annual clean-up protp'Ull; and 10 b vi WHEREAS, thi1 amendment will extend the limited waiver of waste tranlfer 1urcharp to o-mber 31, 1998; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: . Semoo t The City Council of the City of Enclewood. Colorado hereby approvea amendiq Title 4, Cha pt.er 7, Section 11 of the Enclewood M-icipal Code to Ned u followa: 4-7-11: LIMITED WAIVER OF SURCHARGE: 'n.e requirements ofthia Chapter ahal1 not apply durin1 the month• ofllay, June, July, Aapat and September to any Municipality which meets the followiq crit.eria: A . Incorporated with City Hall within the boundaries of Arapahoe County. B . Does not provide Municipal collection of houehold aolid wute directly or indirectly. C . Oft' .. to itl citiwl1 the collection ofhoueehold truh on a limited buia d1IJ'ins the months of May, June, July, Aapat md S1p&!llllber. Thia Section ahall be eft'eetive only until Deeeml,er 31, MIN 1-. .a. which time it alla1l be null and void withwt further action of the City. (Ord. 30 S... 1113) Introduced, read in fuJI, and puNd on ftnt Nlldins on the 1Mla day oflla\y, lNI. -I - . , • . .. I . . 0 '32xl • . ~ • Published aa a Bill for an Ordinance on the 18th day afMay, 1996. Read by title and puaed OD final reading on the 5th day of June, 1996. t Published by title u Ordinance No . __. Series af 1996, on the 8th day or June, 1996. Thomae J. Burne, Mayor ATTEST: Loucrilhia A. Blli1, City Clerk I, Loucrilhia A. BDi1, City Clerk afthe City af ............ Colorado. hereby certify that the aboYe and fonpinar ii a true copy of die Ordinmoe ,...... on final reedinar and publillhed by title u Ordinance No. __. Series of 1996. Loucriehia A. Bllil -2- ,. - . . . .. .. I . . 0 ]- • "' . ORDINANCE NO.~ SERIFS OF 1995 . ~ • .-. BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE Erl'ENDING THE CITY OF ENGLEWOOD REBATE OF SALES AND USE TAX ON PURCHASES OF MACHINERY AND MACHINE TOOLS. WHEREAS, the Englewood City Council authorised the c:remao of a rebate of aales and use tu on purchues of machinery and machine t.ooll for busin-in the City of Enelewood with the pauap of Ordinance No. 25, Seria of 1991; and WHEREAS, thi1 PJ'Oll'Ul wu to 1timulate economic IP'Owth in the manufacturine and industrial aectora of the City; and WHEREAS, Ordinance No. 25, Seriea ol 1991 Ml forth that all purcbaNa of'machinery and machine t.ools elip,le for rebat.e would be made by .July 1, 1991; and WHEREAS, Ordinance No. 3', Seriea of 1992 Ml forth that all~ ollllllCbinery and machine tools •licible for rebates would be made by .July 1, IIN; WHEREAS, with the pauap ofthi1 ordinance the nbae ot ........ -IU • par1t- ol wachiM17 and machine t.ool1 for busin-within the City .... lie NC f f .. ,-cilw -.de by July 1, 1• and ahall become null and fticl the!_._, NOW, 'l'llamPOD, BB IT ORDAINED BY THE CITY OOlJJIICIL OP,,.. an or DIGLSWOOD, COLORADO, THAT: C st 1 'Ille~ c.ncil of the City of Eqlewaod, c,au• ..._ « .. rt · tlO. C: m No. 25, Seriea of 1991 whicla ~ ... ..._.,..._ •-• • 1W' ¢ I tf ±. 1"7 ancl machine t.oo)1 for buace .. ia ... Oltr tf S $ •• 6-.,.., 1, 1111 .. .,.., 1, 1111. lab I n .. .._. in full, ancl puNd on tint rwlins • ... 1811a ........... 1111. Publillled • a liD for an Ordinance on the 18tll cll\J ollllf, 1111. Read by title and peaed on ftnal reedinc on the Ida clay ti.,_, 1111. Publiahecl by title u Onlin.-No. __. Serie ti 1111, • die ldi 1111, ti'-, 1111. ATTEST: Loucri1hia A. Elli1, City Clerk -1- 10 b vii • < •. I. • 0 , • • . ~ • (. I, Loucriahia A. Ellis, City Clerk of the City of Enpewood, Colorado, hereby certify that the above end foreeoins is a true copy of the Ordinance puNd on final readinc and published by title u Ordinance No. _, Serie, aC 1995. -2- . . •. I . . 0 'a2xl - • • • • 0 I~ • 10 b Viii BY AUTHORITY ORDINANCE NO.~ SERIF.s OF 1995 COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 4, CHAPl'ER 4, SECTION ", SUBSECTIONS 1,3 AND 7; AND TITLE 4, CHAPl'ER 4, SECTION Ii, SUBSECTION 3 OF THE ENGLEWOOD MUNICIPAL CODE 1985 RELATING TO SALES TAX. WHEREAS, the Enrlewood City Council levied the sales tu in the City with the pauap of Ordinance No. 32, Serio of 1961; and WHEREAS, periodically the City Code i1 reviewed and chanpa are made if neceuary; and WHEREAS, these amendments will "tipten up• the Enclewood Municipal Code makinc it easier for City staff to enforce; and WHEREAS, these amendments will alao make it easier for Enelewood sales tu license holden to comply with the Enclewood Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sm;tign 1. The Enclewood City Council hereby approves amendine Title 4, Chapter 4, Section 4, SubNction 1, of the Enclewood Municipal Code which ahall read u follows: 4-4-4-1: TAXABLE ITBIIB: There ahall be collec:ted and paid u a tu the amounts ltated in Section 4-4-4-2 upon the followine: A. On the pun:baae price paid or cbarpd llPOD all retail salel and purcbuee ol tucible penonal property within the boundariN olthe City, ineludincclelivnJ within the boundariel ol the City, INCLUDING TIIB SALB Oil PURNISHING OP TELECOMMUNICATIONS SERVICES, ILECTRICITY, STBAM HEAT Oil GAS. 8 . Upon the amount paid for all meala, includmc cover cbarpl, if any, ftamilbed in any rutaW'IIJlt, eatine bOUII, hot.el, drupt.ore, club, reaort or IUCh place at which JDNl1 or food an aold to the public. C . Upon the rental fN, price, or 11th• ccmlicleraticm paid or nceiwd ror the rmta1 or leue of any room, room,, or mobile h-for lodsinc parpoee1 in any Ntabtiah .... t makine 1uch available to the public. (Ord. 73 Series 1991) •. ... I· • 0 'a2 I • • 0 • Ses;tjgn 2 The Englewood City Council hereby approves amending Title 4, Chapt.er 4, Section 4, Subsection 3-A, of the Englewood Municipal Code by adding a new Subeec:tion 8, which shall read aa follows: 4-4-4-3: EXEMPnONS TO SALES TAX: A Exempt Items. The sale of the following daaaes of tangible penonal property are exempt from the tu imposed by Section 4-4-4-2: 1. Motor vehicles, trailen and semi-trailen, registered outside of the City of Englewood. 2. Sales of tangible penonal property where both the following conditions exist: a. The sales are to parties who are residents of, or doing business in, the State at Colorado, but outside the City; and b . The articles purchased are to be delivered to the purchaser outside the City by common carrier or by the conveyance of the seller or by mail. 3. Sale of fuel used for the operation ofintemal combustion engines. 4 . Sale of medicine, medical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chain, eye Klaaae• or other mecbanic:al contrivances when purchased with a licensed practitioner's written prelCription. 5. Sales affood products which are to be consumed off'the pnmiNS afthe vendor. A. med herein -rood• means food which is advertiaecl or market.eel f'or human con1UJ11ption and aold in the same form, condition, quantities and paclrapr aa is commonly sold by rrocen. The term includes cereala and cereal products; milk and milk products; meat and meat products; ftab and fllh products; ... and ea produeta; veptables and veptable produdl; fruit and fruit producta; aupr, mpr produeta and 1upr subltitutes; coff'eel and caft'N aubltitutes; tNI, cocoa and cocoa producta; spices, condimenta, ult and olemarprine. The 1111m "food• does not include chewinr l'llll; apiritaoaa malt or Yilloaa liquors; eocktail mian; propriet.aly medicinn; noatruma; 1..,,...; tonics; Yitamin1 ancl -. diet.aJy aupplemmta; water, mineral water ancl cuboaa&ecl water marbt.ecl in containers; ic:a; pet foods; food or drink fumilhed, ,......,.cl or •rwcl for consumption a& tables, chain or comlten or~ trays; ,.._, dilhea or-. tableware prcmdecl by the retailer; prepared food or drink aold by l"ltailln who 1'9(UW'ly Nil for conaumption on or DNI' the pNllliNa af tha Ntailer ..m tlMialh such food or drink is 10ld on a "take out• or 9to p• order and is ....... pac1r..- or wrapped and taken from the premises or the retailer; and food or drink ........ by or throuch machines on behalf or a vendor. 6. Sales of pods manufactured within the City and 10lcl directly by the manufacturer to a common carrier operatinr in interstate co-u the ultimate conaumer thereof. -2- I . • 0 I • • • • 7. For transactions consummated on or aft.er January 1, 1986, the City's salu tu shall not apply to the sale of construction and building materials, u the term is used in section 29-2-109, C.R.S., ifmch materials are picked up by the purch-r and if the pun:haeer of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax hu been paid or is required to be paid. 8. SALES OF NEWSPAPERS AND MAGAZINES. 5ec;t,jpn 3 The Englewood City Council hereby appnms amendinr Title 4, Chapter 4, Sec:tion 4, Subsection 7, of the Englewood Municipal Code which shall read as follows: 4-4-4-7: SALES TAX RBTlJBNS: A Every penon, partnership or corporation required to obtain a sales tu license pursuant to the provisions of Section 4-4-4-4, shall file a sales tax return, with payment of tax owed, if any, upon the standard Municipal salu and use tax reportinc form u adopted by the Ezec:utive Director of the Colorado Department of Revenue, not less dl81l e11ee e,e., lhitt, E38~ a,a LATER THAN THE TWENTIETH DAY OF EACH MONTH for the preceding calendar month; provided, however, that if the accounting methods regularly employed by the licensed retailer in the tranaaetion of his buainu1, or other conditions, are such that reports of salu made on a calendar monthly buia will impose unnec:euary harcllhip, the Director may, upon request of said retailer, acc:ept reports at such intervala u will, in his opinion, better auit the convenience of the taxpayer, and will not jeopardize the collection of the tax; and, provided further, that a retailer doing bwiin-in two (2) or more places or loc:ationa may file one retum covering all such bUlineu activities in the City. B . 'nie returns so filed shall contain IUCh information u may enable the Director to ac:c:urately detlmnine the amount of'tu collected by the penon, partnenhip or corporation filing the return, but in all -shall contain the followinc information: 1. 'nle .-nt of,-. tauble sales made by the retailer durins ~ period for which the retum is flied; 2 . The t.otal al• price of all ~ ntamed by the pmehua-u a -it of a return of pods sold by the retailer; pnmded, the oriplal ..ie wu a taxable transaction; 3 . The t.otal fair market value of any property re.ved by the retailer as a naalt of an nc:hance of propen;y; proridecl the property ao ,-ived is helcl by the ntailer to be sold or leuecl to a \IMI' or conaumer in the nplar _,. of his buain .. ; 4 . 'nie t.otal amount of retail aalu which are nempt from the tu impoaed by Section 4-4-4-2 by reason of the provisions of Section 4-4-4-3. 5. 'nie total amount of sales made on c:ndit, the abliption for which ia not wured by a conditional sales c:ontrw:t, chattel mortpp or odler NCUrity inatrwnent entitling the retailer to repoaaeu the item aolcl, which are round to be worthlell and which may be deducted u bad cWita on the ratailer'1 Federal income tu retum . -3- ...... • . I . • 0 I l • • • •. C . The return shall be accompanied by an amount equal to the aalea tu required to be collected by the retailer but which, in no cue, ahail be leu than the amount actually collected, nor lffl than three and one-half percent (3.5«11) ot the ficure derived by aubtnctinc from the l'OU tuable l&lea, u ref1ected on the return, the total l&les dnc:ribed in subeec:tions 82, 3, 4 and 5 above, u reflected on the return; provided, however, the retailer may deduct from the total tu due an .-mt equal to one and siir-t.enth1 percent (l.6«11) olthe aalea tu requind to be con.ct.d, which may be retained by the retailer u a fee for collectins said tu. IP THE RB'nJRN OR THE TAX REMITTANCE IS FILED LATER THAN THE TWENTIETH (20TH) DAY OF EACH MONTH OR AS PRESCRIBED BY THE DIRECTOR, THE ONE AND SIX- TENTHS PERCENT Cl.ft) VENDOR'S FEE ALLOWANCE SHALL BE FORFEITED AND ADDED TO THE AMOUNT OF THE DEFICIENCY. D. All other persona, partnerships and corporatiODI shall pay to the Director the amount of any tu due under the proviaiona of Section 4-+6,.3. '-'+7, not-lea LATER than fifteen (15) day1 after the dat.e that uicl tu becomes due. (Ord. 73 Series 1991) Set;t,ipp , The Englewood City Council hereby approves amending Title 4, Chapt.er 4, Section 5, Subaec:tion 3-A, of the Enclewood Municipal Code by addinc a new Suhlec:tion 2, which shall read as follows: 4-4-5-3: PAYMENT AND COLLBCTION OP tJ8B TAX: A . Payment of Tu. 1. All persona who AN nquind to obtain a aalN tu Ii-• punuant to the proviaiona of Section 4-4-4-4 ahail indude within the return nquired to be filed, pursuant to the provisions ot Section '-'+ 7, aucb information u may be required by the Director of Financial Semen u may -We him accunt.ely to compute the -t of uae tu due from said ntailer for purchuea made by 1uch retailer for which a UN tu ia due duriq the period for which aach return ii filed. 2. ALL OTHER PERSONS, PAJlTNDSIIIPS AND CORPORATIONS SHALL PAY TO THE DIRBCTOR THE AMOUNT OP ANY TAX DUB UNDER THE PROVISIONS OP SBCTION 4-4-5-3, NOT LATD THAN HhBBN (15) DAYS AFTER THE DATE THAT SAID TAX ucoras DUB. Introduced, read in full, and puaed OD ftnt Nadias on the 15th day ofllay, 1196. Published u a Bill for an Ordinance OD the 18th day ofllay, 1991. Read by title and puaed on final readinc on the 5th day of J-, 1196. .4 . I . . 0 1 32 x l • . .. • <. Publilhecl by title u Ordinance No. _. Series • 1996, on the 8th day of June, 1996. Thomas J. Barna, Mayor ATTEST : Low:riahia A. Ellis, City Clerk I, Loucriahia A. Bilis, City Clerk of the City « Bqlewood, Colorado, henby certify that the above and forel'oins is a true copy • the Ordinance puNd on ftnal Nlldins and published by title u Ordinance No. _. SeriN • 1996. Loucriahia A. Bilis -5- . . ' . •. .. I . . 0 • • • ,- • I~ • '. 13 a TO: FROM: DATE: SUBJECT: May 25, 1995 ICSC Report This is to give you a brief report about the ICSC retail leasing conference I attended in Las Vegas last week. • Miller-Kitchell marketed Cinderella City through their two respective booths (Mile High Retail and Kitchell Development). I "shuttled" back and forth between the two booths. I attended fifteen meetings, two of which were with Mercantile and Montgomery Wards . • Three of the meetings were with theater and entertainment companies. Another meeting was with a theater and entertainment consultant Miller· Kitchell may retain for recruitment purposes. The theater companies are attracted by the RTD component • I was unable to meet with any general men:handisers although we have an ongoing dialogue with two companies. • Representatives for Home Depot told me they first looked at Cinderela City eighteen months ago . They confirmed press reports the site does not fit their Denver expansion plans. Aside &om that. Miller-Kitchell did not pwsue Home Depot because of their desire to develop an entertainment/soft goods shopping environment. • Two current Cinderella City business told us they want to reopen new stores on site . .. ' . I . . 0 , 'l'l I ,, -• • t• • '· • A large bookstore chain has shown positive interest if the RTD station and soft goods retailers commit to the project. They were, however, somewhat concerned about Englewood's demographics fitting their criteria. • Representatives of one large Englewood business along Hampden wants to relocate to the site. They want to expand but their current site is too small. They definitely want to stay in Englewood along Hampden. • I also met with Jim Sullivan and several of his associates from Sullivan & Hayes. Jim indicated his firm was marketing Cinderella City to several of their brokerage clients including one large general merchandiser. In closing, I would like to pass along a few observations. rll'St, I was thoroughly impressed with Miller-Kitchell's marketing efforts . I can assure the City Council and Englewood citizens Miller-Kitchell is spending prodigious sums of money and time on the project. Privately, several prospects were quite complementary regarding the City's selection of the Miller-Kitchell team . Secondly, prospects are looking very hard at Englewood's demographics. One prospect expressed concern about our population drop. This should reinforce our commitment to developing housing reinvestment strategies later this year. Third, RTD, PharMor, and traffic counts are making a favorable impression to prospects. They are also impressed with traffic improwments either planned or underway along Santa Fe and Hampden. Finally, being an infill site is an advantage and disadvantage. Cinderela City is a prime infill candidate for several prospects wanting to enter or expand their Denver presence. On the other hand, Englewood is at the periphery of several retailer's already established trade areas. This causes them reluctance to put a stole in Cinderella City because it will capture Englewood shoppers (and then some) already shopping at other stores. Skip Miller introduced me to several Denver-based shopping center developers who ako do housing. I shared with them our desire to see housing developed at the General Iron Works site including residential rehabilitation. They indicated a desire to stay in touch with the City, particularly about General Iron Works. Thanks . ' .. I . . 0 , -I • • . ~ ·, • '· ENGLEWOOD CITY COUNCO. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Cd to Onler The regular meeting of die Englewood City C'.ouncil ,,_ c:allod to order by Mayor Bums ll 7:32 p.m. 2 . .._..... The inwc:atioa -giYen by C'.ouncil Member Wiggins. 3. The Pleqe of Allcgiaace -led by Mayor Burm. Present C'.ouncil Members llalhaway, Waldman, Wiggins, Habcnicb1, Vormiuag, Wagoaer, Burm Ablent: NoDC: A quorum,,_ praent Allo pracnt: City Mua,er Clart City AlklrDey 8- Depu(y City Clat c.de hlfilnnllioa s,-....... MoYick Mua,erofCa ·1y S.W. Ble.......,,.I Busi-. ad Ca icy Ollbadi Coanli-.. Gluier Acliaa Dira:IGr E-1y, c.o..uuty ~ ~City~Rad 5 ....... Ca) COUNCO. IUNUa BATBAWAY IIOVD, AND IT WAS SECONDED, TO Al'PllOVE nm MINUTa OF nm DCULAll llUTING OF MAY 15, 1"5. Aya: o-:il Meallcls lfllllaway, Vanliaac. Wigins. Habenic11t, w...-,,Waldawa,BurM Nays : NOiie The mauan carried . 6. Sdlr,-lelll V....... ~ were no acbeduled visitors. 7 . ' • I •. I . • 0 f __ . I Englewood City Council JuneS, 1995 Pagel '· • • • Cindy Petersen and members of the Englewood 1bink Tank praentcd plaques to Council and City Manager ClaJk in apprccialion for their support of Think Tank activities. Olber members participllling in the presentation were Cinde ~ Brad Anderson, Jim Blumenthal, Becky Baker, Keith Lockwood. Sue Bradshaw, Perry Scbellp(dl'er, and David Walloll. Mayor Bums expressed thanks for the plaques and wished the committcc -11 in future endeawrs. 8 . C--icatiou, Procl....aioaa ud Appailla-11 Then: were no CIOllllllunications, proclamalioas, or appointments. 9 . PHllcBearia& No public bearing was scheduled befon: Council . COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON ll'IRST READING CONSENT AGENDA ITEMS II (a) (I). (U). (iii). (iv). (v), ud (vi). (a) Appnwc oo Fina Reading (i) COUNCIL BILL NO. 28, INIRODUCED BY COUNCIL MEMBER HA'JllAWAY A BILL FOR AN ORDINANCE AUIHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF ENGLEWOOD, COLORADO, SOUTH ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUJlrl'Y BOARD OF COUNTY COMMISSIONERS, SOl1IHOATE SANITATION DISTRICT, WASTE MANAGEMENT OF COLORADO, INC., AND SOUTH ENGLEWOOD SANITATION DISTIUCT NO. I, APPROVING nm TRANSMISSION OF WASIBWA'IBl ORIGINATING AT nm COUNTY LINE LANDFll.L . (ii) COUNCIL BILL NO . 29, INIRODUCED BY COUNCIL MEMBER HA'JllAWAY A BILL FOR AN ORDINANCE AUIHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF 1llORNTON, COLORADO AND nm CITY OF ENGLEWOOD. COLORAOO FOR AN EXCHANGE OF nm CITY OF ENGLEWOOD'S ROTOMllJ.INO SERVICES TO nm CITY OF 11iORNl'ON FOR SAND/SALT, HOT MIXED ASPHALT. OR CRUSHED AOOREOA TE MATERIALS . (iii) COUNCIL BILL NO . 27, INTRODUCED BY COUNCIL MEMBER HA'JllAWAY A BILL FOR AN ORDINANCE AUIHORIZING AN EXTENSION OF TIIE CURRENI' TELEVISION SYSTEM PERMIT. (iv) a»mlACT Willi BOISE CASCADE OFFICE PRODUCTS FOR OFFICE SUPPLIES IN 1995/1996. ' • . ... I. • 0 I • Englewood City Council June 5, 1995 Page 3 •, .. • • t• • (v) RESOLlITION NO. 41, SERIES OF 1995 A RESOLlITION APPROVING THE WAGE AGREEMENT TO THE COLLECTIVE BARGAINING CONTRACT BE'IWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I, 19951lfROUGHDECEMBER31 , 1996. (vi) COUNCIL Bll.L NO. 26, INTRODUCED BY COUNCIL MEMBER HAlHAWAY A Bll.L FOR AN ORDINANCE ESTABLISHING THE PERMANENT APPOINTMENT OF SIX SAFETY SERVICES FIRE ADMINISTRATIVE POSmONS OUTSIDE THE CLASSIFIED SERVICE OF 1llE CAREER SERVICE SYSTEM . Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : None The motion auricd. COUNCIL MEMBER BATRA WAY MOVED. AND IT WAS SECONDED, TO APPROVE ON SECOND READING AGENDA ITEMS 10 II (I). (II). (W), (ho). (v). (vi). (vii). (viii). (b) ApproYc on Second Reading (i) ORDINANCE NO. 17, SERIES OF 1995 AN ORDINANCE AMENDING TITI..E 3, CHAPTER I, SECTION I, SUBSECTIONS 1 AND 4, OF THE ENGLEWOOD MUNICIPAL CODE, 1915 WHICH PERTAINS TO FIREFIGKl'ERS' PENSION FUNDS. (ii) ORDINANCE NO. II, SERIES OF 1995 AN ORDINANCE CREATING CONCRETE REPLACEMENT D1S11UCT NO. 1995, IN 1llE CITY OF ENGLEWOOD, COLORADO; THE REMOVAL AND REPLACEMENT OF SlJB.STANDARD CURB, Gl117ER, AND SIDEWALK. TOGE11IER WITH NECESSARY INCIDEl'(J'ALS; AND SE1TINO FORTH 011IER DETAILS IN CONNECTION WITH THE D1S11UCT. (iii) ORDINANCE NO. 19, SERIES OF 1995 AN ORDINANCE AU11tOIUZINO THE CITY OF ENGLEWOOD TO EXreND 1llE LEASE OF THE PRO ::PUTT SYSTEMS. INC . O..UBHOUSE BUIIDING WHIOI IS LOCATED AT 1llE ENGLEWOOD GOLF COURSE . (iv) ORDINANCE NO. 20, SERIESOF 1995 AN ORDINANCE AMENDING TITI..E 4, CHAPTER 4, SECTION II, OF THE ENGLEWOOD MUNICIPAL CODE ENTITI..ED SERVICE CHARGE ON RE1lJRNED OIECKS. M ORDINANCE NO. 21 , SERIES OF 1995 ' . ' I . • 0 I • Englewood City Council JuneS . 199S Page 4 • 0 I • • AN ORDINANCE AMENDING Tlll.E 4. CHAPTER 4 , SECTION S, SUBSECTION I , OF TIIB ENGLEWOOD MUNICIPAL CODE ENTl1LED TAX ON STORAGE, CONSUMPTION AND USE . (vi) ORDINANCE NO. 22, SERIES OF 1995 AN ORDINANCE AMENDING Tl11.E 4, CHAPTER 7, SECTION 11 OF TIIB ENGLEWOOD MUNICIPAL CODE 1985, TO EXTEND 11IE LIMITED WAIVER OF WASTE TRANSFER SURCHARGE TO DECEMBER 31 , 1998. (vii) ORDINANCE NO. 23 , SERIES OF 199S AN ORDINANCE EXTENDING TIIB CITY OF ENGLEWOOD REBATE OF SALES AND USE TAX ON PURCHASES OF MACHINERY AND MACHINE TOOLS. (viii) ORDINANCE NO. 24 , SERIES OF 199S AN ORDINANCE AMENDING Tl11.E 4, CHAPTER 4 , SECTION 4, SUBSECTIONS I , 3 AND 7 ; AND Tl11.E 4 , CHAPTER 4; SECTION S, SUBSECTION 3 OF TIIB ENGLEWOOD MUNICIPAL CODE 1985 RELATING TO SALES TAX. Voterealts: Ayes : Council Members Hathaway, Vonniltag. Wiggins. Habenicht. Waggoner, Waldman. Burns Nays : None The motion carried. 11 . Onli---, ......... ud Madea1 (a) Approve on First Reading There were no additional ilCml submitted for approval on first reading . (See Agenda Item IO -Consent Agenda.) (b) Appro\'e OD Second Reading There were no additional ileml submitted for approval OD ICCIOlld reading. (See Agenda Item IO -Consent Agenda.) 12 . Gnenl ....... (a) Mayor's Cboic:c I . Mayor Burns discuucd his memo rqanlina die Colondo Municipal Lcaauc Workshop be allended several weeks ago . He repor1cd lhal lhc: funding for lhc: light rail line is ltill romewhat precarious. One or lhc: keys to RJCCiving funding is wbcthcr lhc: project is dclcnnincd to be a ~-111art" or not . Mayor Burns said lhal lhc: proa:ss may go through lhc: mmmer. He related lhal be has a draft or a letter from Englewood 's two ICllalOrl to Mart HatflClcl, Chair orlhc: Appropriations Committcc in lhc: Senate. He said lhc: ICltcr was drafted for lhc: Rcgioaal Transportation District's use and be will cncouragc lhc:m lo send 1bc letter. ' ' ... I . • 0 ]~- • Englewood City Council June 5, 1995 Pages • • • ... 2. Mayor Bums reported on a Coalition for Mobility and Air Quality (CMAQ) meeting which he attended two weeks prior. lbis was a think tank aimed It brainstorming future funding of transportation in Colorado. 3. Mayor Bums llalcd that Dennis Reynolds, Mayor ofdle City of Littleton. will eadone die Idler 10 Mark Hadield. 4 . He rdalcd thal die City ofLiltlelon wu in U .S . District Court that afternoon rqarding newspaper hawkers. Mayor Reynolds will inform Mayor Bums of die OUUlome. 5. Mayor Bums told Council he noticed sun,eyors alrady It die Trolley Square lite. He is aJllllCl'IIOd about disruption of putiDg and safety issues during demolition. City Mana,cr Clark llid he will chcc:k illlO die matter. (b) Council Member's Choice (i) Council Member Ha&haway : I . Ms. Hathaway reminded Council that, IOIIIC time back, an inquiry -made lboul die City's policy for naming pms. It WIS found lhlt lhere is no clear policy in thal qud. She llid thal she discussed renaming Balcs/Lopn or JIIOII Park after John Kraling and she would like,-. 10 dnft a policy before renaming any mon: of die pms. She llid that City Attorney Brownan will be working on that. 2 . She said she has had a inquiry lboul die lack of parking enfOlllCIIIClll in die 3300 block ofSou&h Pennsylvania StRet and around Swedish Holpital. She llid that, even though die area bu ratric:tcd parking, COllllnll:lion workers ~ been alloMd 10 park for long periods rl time if lhey put a sign on lheir dashboard that says they BR Swedish IXIIIIUUc:lion wodlen. 3. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE TWO FOURSOMES FOR THI CLEAN, GUIN AND PROUD GOLF TOURNAMENT TO Bl PAID OUT or COUNCIL'S AID TO OTHER AGENCIES FUND IN THI AMOUNT or 5'00. Ayes : Nays: The motion carried. Council Mcmbcn Hadlaway, V~ttag, Wiggins. Habcaic:ht. Wagoner, Waldman, Bums None 4 . Ms. Hathaway llaled tbll she bas med City AIIOnley B1111ZmaD 10 initiate an cvalllllioa r1 boards and a,mmissions rqarding whelher they should all ._... in drcct. whelher Ibey -advilory boards. and who bas rapoasibility for intcrviewl and appoinunenc, IO tbole boards and oommitlionl Since die City is CWTClllly advalising for cilimll to fill vacancies, she feds tbll -is die time to clear up 10111C rl lheae issues. (ii) Council Member V~ttag COIIUIICllled that die OWDCf rldle property a& 4801 South Grant StRet is removing die rocks from die property as die City laplCIICd. (iii) Council Member Wiggiu: •. ' ,, - .. ., I . • 0 , 1-. 0 • IJ~ ,.~ ·~ ,~ l~ ,~ 111~ [~~,I~;, }f~ ll~ I!" , f : ff h .. , I J , f, r: , ii I I ,. I: t', ! l ttl' t 11li ! 1111 J,1 •111 I ii II~~ :f ,',I if Ell i s t I 1-,f ii ·l ·1 'I I Ii fl 'I (l . -iii l ;! i ~,· It I! 11 i '1' I•~,· i 'ti ifl0 ,;, I ·1 I J s1 ll 11· I I 't Ir r.• wf 'I 1' l 11 f; ll .J. l . IJ , !; i" ,.. IJI I 1. f [ E r E I ia-• • l' r . 1· t -1 r t I ,~1·' I 111 I; [ ,a 1r! I !I l1r J! II ''1 •11 , · ·~! ! I! If I (I ~~J 1t r, f ii ~i ;;i 1 ~i J jt ! I 11 Jil ti 1i I fi ~ft ill t I" I I 'I f H ·1l • 1 11 l f t ,11 g i i I • 1 ff I s a r I f I JI l , 'I I• t i r. 1· H 11 ('I: i: r 1, I u r rft ! l fi ll lrl 11 r· 1 !! 11'1 ri lf1' l ! ,t 1 l! ;,s f1 1· I I i ·I~ f 1 ~ D . ~ ... s I w -•. ~ • . \ • I . . ' . ' . ~ , ~ , "' • Englewood Cily Council June S, 1995 Page 7 • • • Mayor Bums said he asked previously to have Council recognize Mr . Munds' grandson and he would still like to do that. 13 . City Muqer'1 Rqlort a) Cily Manager Clark commented on a report regarding his trip to Las Vegas for the International Conference or Shopping Centers (ICSC). He said he is available to respond to questions and comments. b) Mr. Clark introdua:d Suzie Graa:, the newly appointed AssiSlallt to the Cily Manager. He said that her cmploymcot will begin Monday. June 12, 199S . Mayor Bums welcomed Ms. Graa: and said Council is looking forward to working with her . ••••• Council Member Hathaway reminded Council that tomorrow is the last day to order fireworks if the Cily decides to have a display oa the Fourth or July . Mayor Bums Slated that a plan should be in place to recoup some of the C05ls from such things as donations or charging for parting. Council Member Waldman said that it is his understanding that none of the civic groups arc interested in participating. He asked if any other government enlily has cxprcsscd an interest. Council Member Hathaway said that South Suburban Parks and Rccration District did not want to be involved because or all the plans for the RcgiooaJ Part. She said that originally the project involved the cities of Englewood. Littleton and Sheridan, as well as South Suburban, but the other groups have slowly pulled out of it. She said that last year it was dcc:idcd to actively seek private involvement in the fireworks display. When the Junior Chamber or Commerce offered to be involved two weeks ago it was too lale for them to take: it over. but they have made a tentative commitment for looking into it next year. Ms. Hathaway said that. in addition to the S I0,000 for the purchase of the fireworks, Cily C05ls would include such things as staff time for preparation and planning. as well as working at the actual event. Mayor Bums said he is conccmcd that the evcn1 may be IOIDCthing the communily looks forwud IO and will tum out for in large numbers . He feels it is the kind of event that makes a community and maybe it is something tbal s11ou1c1 be continued. Mayor Bums aid 11c is DO( p1ew11 that it is falliaa mm ill t11e Cily' s lap II tbe last minute. Ms . Hathaway said that in n,cent years survcys have shown a split in opinion over wbcther tbe City sllould continue to expend funds on the display . Ms. Habenicht said she is pleucd to hear that the Junior Chamber of Commerce is inlelelled in being involved in the project again. She feels it is ditTICUlt to regain momen&wn that will be 11111 if you intenupt the program by not doing it for a year . She feels the City should support the fireworks display this year and II the same lime train the Junior Chamber of Commcn:c so that they can take it over in the future . She suggested that donations be c:olleacd at the event to help defray the aists. Ms . Habenicht feels that the fireworks display is an important family event. • . I • • 0 , Englewood City Council June 5, 1995 Page8 '. • • • Council Member Waldman said, based on bis experieoQe u a former J.C . president, that they would not be able to just jump in and lake it over because they would liaw: to write a plan, provide buc!Fting and name a cbainnan u their procedures n,quire . He said that. 1ut year, he did not think the parking wu very wd1 IIIIUbd off at Centennial Put and he docs not fed it was clear when the fireworks WCR: going to start or when they bad ended. He would plder other loc:alions for tbe event and focls that it is too late to properly plan for this year . He oppolC5 spending $10,000 for an event that bas no plan in place. Ms . Habenicht said that tbe event bas always been IUCCCllful and if there wu difficulty parking it wu probably bccallle there WCR: 11> many people in aacndlnce. She focls that momentum wiU be loll and it will be difficult to rqpoup OllllC tbe event is dilCOIICi!M!Cd Ms. Halbaway said Ille docs not apee lhll momenn,m wiU be loll or that tbe program will not easily ~ after a year'1 llblcDce bccallle. in tbe pall, thcre -a l1IIIO year period wlieR thcre WCR: no fireworks in Englewood. DilCUllion enaied regarding planning and llalling olthe event. Dua Glazier, Bali-. Md c-ity Oulracb c-diulor, lqlOnOd 1h11 fireworks c:an lliU be onlalld for.,.. die -pric:c • lut year. He said he Im been ill~ widt --.I bands who arc wiUing ID provide~ and Soulb Subulllu is wiUiD& IO wwt willl • a Ibey did 1ut year. He --COlllacled uy oldie other doaors. The Junior Chamber olC-is wiUing to help with llaffillg. Mr. Glazier aid lie llil1 bas alllCel'IIS with parting. Rnpondiaa ID Mayor Bums, Mr. Gluier aid llall' can aallc tbe event happen. but other n:sponsibililics would liaw: to be Id aside to aa:omplisb die event. Mr. Waldman n:itcralCd 1h11 he is oppolCd to the celcbration being funded by tbe City and llall'al by City Slaff. ltaponding to Council Member Habcaicbl, Mr. Glazier said tbal South Subulllu is willing 10 provide tbe -CIOllbibulionl • 1ut year, wbic:11 iDcluded a $2,000 cloaalioo toward tbe fireworks and c::oordination and funding for the entcnainment. Chuck Esterly, Acting Dircc:1or al Coauauaity Del.dapmcllt, reported that 1ut year tbe City took in $6,477 in rc:vcnucs and expcaded $12,546 ia ClOllnectiol! with tbe celcllralion . TIie remit wu lhll tbe City llpCllt over $6,000, not including ilHWld 1CMC1e1. COUNCD. MEMBER BAaENICBT MOVED, AND IT WAS SECONDED, TO Slll'POllT TB& FIREWORKS DISPLA y BY CON11UBIJTING Asa, .... CASH DONATION PLUS STAff TIME TO BE on.SET BY MONETARY AND STAnlNG DONATIONS o, OTll&R GIIOIJl'S. Mayor Bums expreued CXIIICCl1I -bunlcaing Slaff al tbe 1ut mil!UIC will! u:11 • larF project. Ayes : Council Membcn V~ttq. Habcaicbl Nays : Council Membcn Hathaway, Wigins, Wqaoncr, Waldman Bums The motion WU clefeatal. 14 . City AUol'lley'I Report ' ~-·· . ' I. • 0 , - • • Englewood City Council June 5, 1995 Pagc9 .. • ,.. . " • a) City Auomcy Brotzman illlnlducod Aaiaant City Auomcy Reid . He lllafcd lhat Ms . Reid will asist with the July 3, 1995 City CouaciJ moetiDg during bis abacncc. b) Mr. Bruczman nmmmcadod tbal CouaciJ III into Executn,e Scllioa immecfiMdy following the quw City CouaciJ moetiDg to dilCUII OUllide lilipaioa. COUNCIL MEMIIER WIGGINS MOVED, AND rr WAS SECONDED, TO MEET IN EUCUnvE SESSION IMMEDIATELY JOU.OWING TIO REGULAR CITY COUNCIL MEETING TO DISCUSS OUTSmE U'l1GAnoN. Ayes: CouaciJ Members Hadiaway, VC11111iaag, Wigiaa, llabeaiclil_ w...,,w ............ Nays: N.- The moliaa c:arricd. 15. MJ-ni-.r COUNQL MEMIIER HATHAWAY MOVED TO ADIOURN. The mectiag ~ a11 :21 p.m . .. ' . ( •. I . . 0 , • • • • (. Memorandum From: Mayor Thomas J. Burns Re : CML Workshop for Elected Officials Glenwood Springs, Colorado Date: May 13, 1995 Subjects of the workshop Effective Budgeting Strategies Mark Achen, City Manager of Grand Junction, known for his expertise in budgeting, offered many helpful hints on budgeting strategies. Attached to this memo. is his "Simple Tips" list, from which he framed his remarks. He especially emphasized projecting expenditures into the future for as much as ten years in order to visualize today the effects of expenditures tomorrow. Grand Junction has 35 different funds, some of which are trust funds. Nevertheless, each one has a budget. Within funds are 500 different "cost centers", ie. if you have drainage costs planned in four quarters of the city, each one cost center. Detailed budgets are then prepared within each c st center. Instead of a contingency reserve for each cost cent , there is one for each fund. If any of the cost centers ne d additional funds, they apply for transfer of part of the reserve for the fund that they are in. This allows for more purchasing of salt or sand in the midst of a hard winter, etc. The speaker allowed as though all government spending is revenue driven. Therefore, one must plan for the down times and for the volatile effects of changes in sales tax revenues over property taxes, which tend to be stable. Especially with regard to capital improvements, the governing body must decide on the method of financing and the practical and political effects on those decisions. This somewhat arcane subject was well handled by the speaker and helped me to focus on an area which is not easy to grasp. consensus Decision Making Roger Kahn, of Roger Kahn and Associates made a presentation on the various kinds of decision making. I enclose of copy of his handout. His basic theme was that council members of different backgrounds and ideologies have to find a way to participate in the decision making process. If even one will not, significant planning and progress by a city is threatened. Eight Factors-Effectiveness of Your Governing Body ' • . I . • 0 , • • • , .. ·~ • .. Carl Neu, Neu & Company presented throughout the afternoon on the meaning of leadership as opposed to management, the latter being involved with the carrying out of the vision of leadership. His main theme was that strategic leadership always comes to you from the future. The challenge is to bring the people you are dealing with back to that future vision. . He focused his presentation on eight habits of truly effective municipal leaders and eight factors which determine the effectiveness of your city council's performance. I enclose copies of both. I have heard Nue before, but I thought his presentation was effective. I viewed it from the perspective of one who has had more experience on council than the last time I heard him (January, 1994). I also enclose a copy of his chart entitle "Arenas For Governing Body-Staff Performance. I very much appreciate the approval of council to attend this workshop. The setting was exceptional. We worked hard throughout the day and, I believe, obtained a lot from the sessions. It also gave me an opportunity to meet many fellow council members from the western slope, including Grand Junction, where the OIL annual conference will be held next month. ' . ' • . I. • 0 • • • ,~ • '· COLODDO ll1JJIICJ:1'&L LDGlJB WORUIIOI' FOil IIDLY BLBCTBD OJ'l'l:C:DLS DY 13, 1995 §IKPLI TUB IOB BUDGftDG Mark Achen, City Manager, Grand Junction set goal• for budgeting. councils can improve the quality of the city budget by . identifying goals, priorities and assumptions in advance. A city budget is actually several budgets. Every city has responsibility for a number of activities that are treated as separate financial entities, called •funds.• Each fund should have a budget. ~ Defi.Jlewbat"Nl&ncN"aeana. Merely assuring expenditures do not exceed revenues is inadequate. The budget for .a!£h Grand Junction fund is "balanced" when the projected tenth year fund balance exceeds the minimum balance (generally 151 of the annual operating costs of each fund). Plan at 1-•t five years &h-d. Prepare financial plans for each fund that project at least five years into the future. Many cities can budget for two years of spending and use the saved time to i.Jlprove their long range financial plans. Prepare a long range capital plan. Major projects often require~ of planning and commitment. Decisions on whether to ~e savings, debt, grants or ··tax increases must be well planned for •big ticket• it .... soae operations abould strive to be ••lf-aapporting. Councils should con•ciously deteraine vbich operations should work to be self-supporting. The budget should clearly reveal transfers among funds so subsidies can be easily understood. Treat ezpenditurea as inveataenta. To assist in choosing among alternative •investments• evaluate the retu,n on each. one method is to determine how aany years it will take to recoup the cost of a proposed expenditure. Budget for contingencies in bulk. Eliminate "miscellaneous• from the budget. Instead allocate a general contingency that can be centrally adainiatered . ' ·~ ... I. • 0 , • • • . . Budgeting Another way to stay in business Br. Da'rid Ebenezer. RCAC AccoaDraac Buiqm an II crin•=-fbr;,,.-;,r,llltd rna:t111J ,,,_,, G¥ity, lM an of/ffl """"'-'"-if'JOffll compnly. 7711 lrllmnf of cc,-,a QDI N 11 1'11')' ~-,, of judfinf 111'1 4Pf!CY'S llbilit), ID pl,m. tll'ld drm affl&llr mar p/lln. lt =i 11UO ~ probla,a blJil,w dtq ~ •our of"-'-• ln dris lllfidc, RCAC's Dct,ut Ebawarrlucdso bud,m tlltd lraw .tlw oudlfflllf proass ,-ts. S« wlwrlwr )'OllT "lfflC'I is lfflll'l llll it =i our of yo,, budpt. Most of I.IS are famil1at wttll budgets. From budget· Lng our payd1eclcs to followtng the £ederal budget shortfall Ln the media. we are ail well acquainced wtth the term. Yet. most of I.IS wrtte off the Idea of budgeting as ha'ring very Ume pract1al value. You may be able to ldenafr wtth oae of these state- ments: ~t must pull tbose numbmout of the u;y.• "Otfflcult to comprehend. and.-more dlf. ftcult to me on a day-to4&)' bub.• •A hup. draded c:hoie. • "Half the t:lme. the)' are noc u ,ood u the paper they're wmren on.• • A waste of tjme!" • A nighazaan!• Sound tamill&r? Tbme are some of the most common mponses people ba" wbm dbcussing ~ Bue. once we undemand how budpa work. few would argue apinn their necesslt)' and udllcy value. What is a Budget? ProiesJors Joseph ilAza and Gordon Hosch define budgeting u • ... a formal tsdm&Ce of the resowces that an orpnizal:loa plans to expend tor a stven pwposc over a pen period of time.• Certined public xcowiwits ~ Gross.Jr. md Wllll&m Wuihauer.Jr. daaibe it u • ... a plan of Ktlon. An orpn.tution's blur,,nnt ~ me comin1 months or l'ftt', upreued Ln monetar1 tmmS. • In short a budpt Is an itemized IWIUIW1 of pn,bable -ue and e.-q,enses for a partic:ul&r period. se~ uide for the purpose of achieving Cfflain spedflc pis and objectives. Why Budget? An orpnmtion's :nost basic funcrlon Is the effective me of its cesowces. People. time. skills. equipment. funds ... these are the cesources of an orpaiZarloa. Thepdmar)'IIOOI ID bamess the power of these raowas Is the budpc. Budgr.1ng ls a requln:nent tor ail aovmunenw agencies. For other nonproftt orpnmtions. budgeting Is essen- tial. tonSldmng our accountabillty to the public. pantcularly in the use of publ1c tundl.. What Badpts Can Do For Us ludpa pn,moce: • pla.nniJll • coordination • effldent operation BudpU pnmde: apmepl&n a basiJ for control • desired cesults l'fanninf. The use of budpts forces people to think.ihad. ThiJ mans aanslactngorpr.iUrton.u and/or pn,pm ,o&ls Lnco IIIGSl&Qble. manase· able &ad Khle¥able lbal ~ nus r.qwres c!arly suttng orpnmdonal ot,j«.:twu. tormu!&t· Ing me method of JC!uewtng tbelt objtdva md ' I • • 0 , ] • • • • (, flmily u;,resing :.'lem in terms of dollars. For insunc:. before ·.we submit & propos;al to a iundlng sourc:. we must pl&n. This involves l&ytng out 'A'h&t it is :.'lat we i~ to co, how awiy sl1ff !lours will be spe:u. wno will wor!t on this snnc. wnat is the gnnc pcnod. llow !IWIY trips must be taken. etc. When we state these in dollus, we bave .i formal budget. CoorrlinGrian. This is the pnxess wb.ere vutou.s dcpar:ments of an orpnization work topther to- ward :he common oo jec:ive. In this regard. budget· Ing compels awiagm of different wotk groups (departments) iocommww:atetbelrplanundtb.ea coocdlnate. For e.umple. me accountant. working together wtth & procram mff pmoa. must make Cffl&in that tb.e:e Is mousn cash to ~upcoming ln~lces, tb.e payroll and omer upendltwes. £1'/fdort openzlion. Budgets promote coacmed e.uc-.1tion of the planned actMties of the program's pre-set gom and objec:ive. It tells wbich aaivlties need ta occur and &Isa bow much funds ba-.e been alloated for each. As a result. budgets will fadlltate a smooth. opendon of the program K:Maes wb.en properly used. c;-plan. An ~ budpt is & &Uide to ICtion. The budget helps to avoid unproducttTeand counter-productive actMtla by dady polndDI to mat wb.ich nftds :o be done. Also. u me PIOl«t progresses . the budg:t an sh.ow us wll&c ~ be::i done and the rc.-n.uning work to be acc:,mpllshcd. Bas:s 1"or conaol. A budget is .i st:indard .ipuu: which ac:-J.11 e.,cpcnses an be :nClSumi. Whc.'\ there is & difference ~n planned e."tpe(lSeS and the ICNal. the vvtance invites the .ittmtion of aw1&g,:me.'\t for correc:ive adon before tb.econdl- tion deteriorates. To fully beneftt t:om a budgct. you must pre- pare .i budgetary conaol rcpott. Vt!y simply. tb.is report is a comparison oi the budgeted amount for ead1 line iW!l and the aaua.l e.,cpenses a!oag wtth the rmwning balance or s!lortap. See Example l for a sample bud&et control ieport In Its most elemenwy form. The budget amount In tb.is cype of a report c:ould be 1/12 of the annual budpt or it could be a spedftc &mOW1t alloted to ach account cacqory. This report an be developed to the next level by &ddlng a "Yeu-to-date expenses• column. In suc."I. a case. the budpt amouna would retlec: :he~ for the wb.ole year. Dcsm NSUla. Sudpa not onl~ tlelp pro,,tde d1tecdon &nd the abillty to t¥aluate. but also help produce ac:ual and ideal ll5Ula. We mUSt mzaem. ber that budptlD& does not, In Itself. accompUsh this. but it can be ID tnwaluab&e tlCIOI for manapa In d1llr betnc able to raUze die orpniDaonal and Pft)IZaill pis. TIie budpc. Wee a road map, can !Example 1 I Name of Funding Source (e.g .. Foundation Z) Period (e •.• FY '92) ! I Budget Category i i 5'uariG i Frinft bfflc/iCS Budget X,'(.Y. X.'<.Y. ,Y..Y...Y. Airfat'! J X. '<...Y. Othn-line items insffUG MrY j. lndirtc: Casa X,'<.Y. TOTAL 5 Actual Difference X.'C< (XXX) x:~x X.'<.Y. ,'<.'<.Y. ,Y...Y.X .Y...'<.Y. ,'(.'(.''( :c.'<.Y. ,Y...'<.Y. X.'(.'(.'( X.'<.'(.'( hcllc Mounwn bvt- ' ...... • . .. ... J I • • 0 , • • • belp us through to ou.r destln&tion. In short. buci- pting is the key llnlt between ~ orpntzation's !!Nnc:a.l uid progr:im saaJ.s uid the xtlWlation of them. Types of Budgets Th-are 9Uious r::,pes of ~h buci- pa. apit.1..1 budpa. revenue budpa. equity bud- pa. inYentory budpts,ete. tn short. there ue bud- pa for my type of resoura. Flllther, budgea are assumed to be built based on a common deaomina- tor. Units of pcoduc:,:lon. staff boazs. dollaa are some e.umples. ln this anide. we b:l.ls only on e.,cpease budpa uprmed In dollm. ba..a.wllld !ludfm. ~ c::banps are made to priOr-penod budptS and de9eloped Into tbeammt-periodbudget.Uadlrtbismcmod.rurids uepanced:otbeorpnlndoaalllllitsandrbeuait dlftaoa allocate tbe l'unds ID me ac:Mdes. 'Tbis type ot budpt Is used [or a ftDd level of semce or produdon 'fOlume. Flai1M budpa. This Is similar ID IA IDaemen· cal budlft except tbe buclpt can be adjumd up- wud or dowuwud bued oa me ouq,ur ~ AJ such. tbe flaible budpt pro9'de for a number of dUfenm ICMq .... Z--. llul(pu. nm type ot buclpt 1pons any pnowtoul budpa. [t ba:; lllllllpa to ICllt f:om sc:uch 111d fUllify rbeir mquaa for faDdl ID deail. UM 1111111 by line 1111m. ""1fr-budpa. funds 1ft panced to adlicWe I prosram obi~ mat Is, l'unds 1ft alloaled to ac:Mties ractier man orpnlncton wuu . Oiagnml The Budget Process tn general. budgeting an :,e broke..'\ into buc1!ff development md bud~t administration (see Ola- gram 1 for the bt.111,ffft proasl.i Bud,ftt~~t This is probably me most ,=cal e!eme.'lt in :.'l.e budamng process. To be e:fec::ivw and re1'9'1nt. a pat deal of effort must be t."trcded ar this suge- iememberlng &:he •Gtc.o• (Garbap In G~ Out)prtndplewUlhelp.ln&ddlUon.c:ommonseme and uper1ena can make a '>IOrld of dlffefflo.a. A budget is developed buedo11 blst0rial inior- matton. mown ament lnlocDaaon and andc:!pat- ed '*91Dt future taaors. Since :he past e:q,e:ises can be ieuoaably expemd :a CDGCZlue. these ue rellable buildlns blocks to comcuc:: I MW budpt. Etkcts of am:ldpleed dwlps ue fac:ored inm IIS1: ,ear's budget IIO am,,e at the aew buciget. A dnal point worth noting Is wt no one person should be cesponslble [or the budptlng ;,roc:ess =om sw,: to ftnish-this c:ould te:SWt in I blghly in~ budget. D«ffninl ol,/«riva. Sar: with rour organ- ization's •m1sston staremenr-Ind jot down speclftc long-term objeat'lel that aze .;onslsrent with the orpnlZltloaal purpose. Forexample. llyourmlssion Is to 1111st rural c:ommunltt-s,ut down what :ype of uslstance l'OI' wt1l prowtde. and to whom. spe- c:l!cally. Pdodlm these objecMS. ldordftlnfcrMtla. The 11m Rap Is IIO estal)Ush ways co ICbilWe :,oar oblectlW& TIiis ts wtme ·me wodt mat wU1 be done" must be de!ned. TIiis m.ans wm1n1 c1awn ma llWIUllr o1 asps. stu ¥taa. lllftdap. worbllaps IDd the Nlaeed ;,nparuor:, I 1be Budget Process I I I a,ajor objectives --· --Truislate activities into dollars , ______ Budpc~ _____ __,; 6 -- Compare &c ' evaluate actual propm results with those budr-ted, . , I • • 0 , • • • • :ioe for ~3C!l of these . .-\t .:his point, rou must also dec:de '"'ho will be involved Jnd wtut e3Cl1 pe:son will do . Translarinf into Ss . ~e.tt. tile Ust of &Ctivtrtes mus: be ~:tpmsed in teims of do~. Being realistic md conservat!~ ln your approach wtll he!p. A margtn.a.l C'.lShion foruncq,ected e.-q,enses wtll help toO. Budfrt i:ulministnation This phase of the bud~ process begins md ends with the "budlff conaol reports• or "budpt comparison repom. • These repom compare monthly and year-m-date amaa1 expenses ~t bud~unouna. These repcxa m111tbe ~ aretully &nd the 9Utanas analyzed. Vutance uwym m111t ~ lmlWm to the quesaons "Did we provide more sema mm budpted !or. or t• we.-e we inefficte:1t in our ;ieriormance?" [t ::iav be necessuy :a modify :he ortguw bud~t to b~e: retlec: tbe curre:1t conditions. [t aay :ne3n c:-.m:ing back or e.~nding our level of .icivitv. This mav ~ mem th.at we m ig!lt ha~ to a~oroac!l th~ grantor :or more money or take a !os.s ·;urseives. Budfff ff!a!I -B~ must be deve!oped u the department level and then consolidated into an agmcy-wtcle master budget. This budget ;irocess needs to start about rive or Six mont.'U beiore :he beginning of the new t'lsal yur. One Final Note Budpa are the key lngm11ent in !lnanda1 conaol. Ther help us conaol costs. Budgecn1 ~ mean the difference betwftl1 efflcenq and ineffl- dmcy. In an e.ureme sense. It can man the dlf- fem\~ between t1nandat health and bankNptey! Snapshot of RCACs Budgeting System RC\C s budgecng syflllffl is I fairly compllcarad and very detailed p,oc:ess. Several Locus 1-2-3 sprudshNa a,e incagrarad to ffNly delarmilie die overall RC\C budget for uch llsal year. This syarn is die brain-child of our eac:uM dnc:Dr, waain Ffwlch. Thefallowingisan~ofdleinbmalion from a discussion widl c-g.Chimildls. Mini.-. ave Analyst. one of our budgeting uperu. 1. ""'*9cion al a~ 2. ldentillcacion of p,aject emu 3. Cllculadon of rallriB •. Compualian al share of OChel' com s. Administracion of die budget. Ste 1. The budgeling procm begins widl I . ~ (f'lanned ac:Mty) tlllC has ban prepared I for a i:onctpt ;:~ for CIWIT Q. The~ i is baled on a need dlat has been idancilled. AaMtias ! -assigned to SDlf __,_ ,,,. percallGge of II uch Sfllif penon' s time tNC will tie requirld is Ibo detamined. Slr,, Z. Spec:fic p,agtlffl eapen,a such • puc- ting together I t:1"'-"a. Wfflin9 I manual. doing 1 trainmg wonshop an IIUINtad. Ser,, J. s.lane an projec:"Ad for the budget period tor tr:e swf in,,oh,ed in Ca.wTQ.,.,.., planNd salaty inc.,_ a,e inc:udeci in tr:e ~. Not. baMd on •n hostoncll ttWICI. ddt 1--., <4CICian and holiday cosa are subcnc:ecl tram g,ea salarill. The 7 balance is the direct salarie that will be ;,aid by various funding sourc:es. CAANT Q's po,tion is c:al- cuiarad by multiplying the !>alance with !he percant- age l'rom Step 1. Side 1-. VICltion and holiday costs .. factored into grant eicpenses u fringe banefla. St.;, 4. Other c:osa such as travel, fringe !:en- ellts. supples. poseage. printing and ~ .,. enlm«ad. These costs -da(mmi, led by adjusting ptar.,_.s IClllal ~ for die praposed lewl al ac=Mty. The CIIITWIC inftalian 1a111 is also taNl'I into c:onsideracion. '"-costs -added co die projec: cma (from Sqp 2) and die dnct sallrill (from Scap 3) to ~ die !Dcal dlrec: c:osu. CaANT Q's sh-. of indirect com .. !hell p,o;ec:.d and adCed ID lhe dirwct cosa to ra.m Ole ;,rojec:t budge! !al' Ca»ITQ. Sc-,, S. The budc;et tor CAANT Q is combined widl ii olher grant !:ludgets co am,,e at tl'le itC\C _... budget for the n-flsal ,,ear. Suec;et c::m- parilon repor.s .. printad by funding source tllC'I , mono, shawing actual expenses by line item. This ,wpo,t also contains •,,e1r-t0-date c:umulaave· e.,- penses. !he "° :,ear budget and r:r,e variance 'or uch u;,ensa catr,o~. !.tpanses Jte :ose,y mon,- IDfWI and variances .. araua,, a,,alyud. 'Nonccians and budgets an mocified. ii nee-/. as ::J,e ;rJnt ~ll'lclyur~ -Oawd !lle-..:,r ' I • • 0 , • • • . , . . ' • ROGER KAHN, Pr~sitk,u Consensus Decision Making for Today's Challenging Municipal Environment by Roger Kahn (prepared for the CML Workshop for Elected Officials, May 13, 1995) I-Styles of Leadership & Decision Making. A) Autocratic Least inclusive B) Minority 1 C) Majority D) Consensus E) unanimous Most inclusive II-Leadership/Decision making styles depend on forces in: A) the leader B) the followers C) the situation III-In making comparably good decisions, there is a direct relationship between the length of time it takes to make a decision and the number of people making it. --«-_· 6fr. lei1&lh of lime IV-Consensus decision makina requires: A) Sufficient time B) Active participation; everyone being andfeeling involved C) Clear communication (verbaUnonverbal; sending/receiving messages) D) Valuing different perspectives and really considering them- E) Often, a setting away from the usual environment rfespecially when .f~t_Iearr~}nJ ~ow ~ide ~consensus) V-How tr,.~ ~~~Wi~p~"·~4& succ~ully 'make decisions by consensus. 2217 FOREST \) ~ U-. cl ' C Kall• & Associates, 4i,5 " - ,cum~-m • FAX /I_ . _. . ,~ (\ • i\ ~0><1 l ~(11,-, [i~~ '::d~e u) LU__~ [~;.v,(t(j.q_dl; ~» ~WY~ ~=.:,~2• {)Nt {1.,fj-M I (,V>{ ~ L~<)(o-c,(l r(zn;. ' • I . • 0 '32xl --. .. --. ARENA Purposes -----f'ocn1 ,.,..,,,~ ----------- l<ey Ch11111dn,~1" ~ .. lime S,111111 In lllf!I 111e11a : Wheta do -•1t1tt•! •o lpefid Mou, hne '"" , .... ARENAS FOR GOVERNING BODY-STAFF PERFORMANCE GOAL -SETTING EXPLORATION I DfSPOsmoN ANALYSIS ·-• I lirflClion • Problem • 'Pubic• decision, • Guldelnea for : ldenllflcalion & • Mobazarion ot -r.ornmun11y alraleglea for -Sr.rv1cea lllpport lolvln91hand1ng • "Offlciar action -Ar.lion • Cornmlmenr .. • \l,1l11n1 (llgroe1nan11 • Problern-1o1vtng • Ralifk:alion 1111r1 diffotence1) • Sorting ot opliona • Ps)'Cholog1c:a1 • l YIIIUnfilJn of: • Slralegy -Needs . l'erformance • r .,1,ect11110111 for l11t1111t • lnlorma, 1n1.,action1 • G011ern1ng body-llalf • Forma1 hearing and • Option, (lharfng) work ••Iliana mee11ng, • V11lue negotiation • Search for • Public Input and • AIIQldance ot aRernar1wt1 lnvolvemanr fHlJCell due lo • Ouealionlng ~and • High YlalblNly rlilflcully rearing ot Idea • Pre11ure rrom • T radlng-negoi11111ng QIOUf)I • Buldlng --~or conaaneua -----·--· ···--. ___ _ --.. -~---- -·----~---------- 2) • , .. PERFORMANCE • Slaff reapanae (J>erfc>rmance) • Goel 8Chlevemenr • Policy :, lmfllemeniation • Monitor 1lalu1 :'.:) ' • Performance (re1ut1 •chleved) • Adjualmanr, ) ~ > ' I ~ r • ' ~ • Never lakes place (1)'1fama11c:a1y, • Criall-orienled • Oiajolnfecf ~ ! ,. ~ 11pptoeche1 monitoring. r••PGndlng lo P,eaau,a • AYOldence '~ --:::, ~ • 1 • ..... ~ ~ x / o -. • '- I • • "' - - ~- .... ti~~ P. (l, 1,J},~ (}1'1 11J r~· fltvl E_Q ,;J;iZd~<.;l~/JI ~~/)~ "~ ~-~ AGENDA FOR THE lj -, ~ ~ REGULAR MEETING OF 1. 2 . 3. 4. Call to order. THE ENGLEWOOD CITY COUNCIL JUNE 5, 1995 7:30 P.M. Invocation. W ~ -{,UjJ~ Pledge of Allegiance. /{J.A./1(,0 7 a -----Roll Call. 5. Minutes. ~ -/!~/ U~-7-0 a. Minutes from the Regular City Council Meeting of May 15, 1995. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.)/ 7. Non-Sche~M,s;,~Ple~se~:_:esentation to five minutes.) 8. Communications, Proclamation~, and~ppointments. p 9 . Public Hearing. (None Scheduled) ~ /0 ll... /-(p 10. Consent Agenda. 0 a . Approve on First Reading. ~ 7>fA_ U~ ---- i. Recommendation from the Utilities Department to adop or an ordinance approving a Wastewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, Arapahoe County, the City of Englewood, and Waste Management of Colorado, Inc. STAFF SOURCE: Stewart Fonda, Dnctor of UtlldN. rte-1101e: If you hMe I IIMllllly • .... wllil,y _. •---. ..... MIiiy .. Clar• E -•• (7Q.D71t 11 ...... houn in·--· ......... _ ...... n..li,... ' I . . 0 1 32xl City Council Agenda June 5, 1995 Page2 c)/J.t b. o.J~ ,1 • • t• • . , <. , ii. Recommendation from the Department of Public Works to adopt e bill for an ordinance approving an Intergovernmental Agreement with the City of Thornton for rotomilling services in exchange for goods provided by Thornton. STAFF SOURCE: Charin Esterly, Director of Public Works. iii. Recommendation from the Department of Administrative Services to adopt bll for an ordinance extending the current Cable Television System Permit on a month-to-month basis. STAFF SOURCE: Perry Movick, Manager of Information Services. iv. Recommendation from the Department of Administrative Services to approve, ~ mollon, a contract for office supplies. Staff recommends awarding the bid to Boise Cascade. STAFF SOURCE: Tom Kenhisnlk, Manager of Administrative Operations. v. Recommendation from the Department of Administrative Services to adopt a felOhltlon approving the Collective Bargaining Contract for the Englewood Employees Association for 1995 and 1996. STAFF SOURCE: Randie Barthlome, Director of Adminiatratlva Sarvicaa. vi. Recommendation from the Department of Safety Services to adopt a bHI for an ordinance allowing for the appointment of Fire Division administrative positions outside the classified service of the career service system. STAFF SOURCE: Allan Stanley, Director of Safety Services, Kieth Lockwood, Division Chief. ;oh 1-1 Approve on Second Reading. ~ KA-(.,A,ti., ,--,-<'.) i. Council Bill No. 13, amending sections of the Englewood Municipal Code relating to the Firefighters Pension Fund. o.J ·" ,~ ii. 0 ~_;,9 iii. Council Bill No. 18, approving the formation of Concrete Replacement District 1995. Council Bill No. 19, extending the lease of Pro::Putt Systems' clubhouse building, which is located at the Englewood Golf Course. Q,,J_I ~D iv . o,J!;r v. Mt {)' D»r vi. o;J~J3 vii. Council Bill No. 20, changing the processing charge for returned checks . Council Bill No. 21, clarifying language in the Englewood Municipal Coda relative to Tax on Storage, Consumption, and Use . Council Bill No. 22, extending the Limited Waiver of the Wasta Transfer Surcharge . Council Bill No. 23. extending the rebate of Salas and Use Tax on purchases of machinery and machine tools . "'~ P1we 11111e: If ,-e..we •......, _. .... ...., .... ...._ ,.._..., .. Clly., r -••• '7'2-2J11t11 ....... ._.. • ---of .................. ,.... ,... • • . .. I • • 0 , • "' - 0 • City Council Agende . June 5 , 1995 • Page 3 11 . 12. 13. viii. Council Bill No. 24, approving changes to the Englewood Municipal Code regarding sales tax payment and reporting. O,dinanoe,, Re,olution,, and Motion,. ,ff . ~ a . App,ove on Fim R .. dh,g . . ~u,YJ,tf!' b. App,ova on Second Reading . / J n. ,I,, /I'~/ ,/ . () o]p -'G,1-1/~ I General Discussion . LJ..)!Yr er 0 °.J {IY'- a . Mayor's Choice . fi, ,,,.. 1 JA b . Council Members' Choice. 0 ;{ fJ.J /1 1 ' j /Jrt-1.."iM City Manager's Report . n ·£(Jf)rt---1J a . Redevelopment Report on Cinderella City. b . Announcement of the appointment of Susan (Suzie) Grace as Assistant to the City Manager . 14. City Attorney's Report . a. Recommendation to go into Executive Session immediately following the . . .J;-,r(\ ,agula, City Council m-ing to diocuss ..--n. /j) ~~ .;,vi _, ~ · ' Adjournment . /,,. {) The following minutes were transmitted to Council from 05/12/95-06/01 /95 : • Englewood Planning and Zoning Commission meeting of May 2, 1995. • Englewood Housing Authority meeting of March 29. 1995. • Englewood Public Library Board meeting of April 11, 1995. • Englewood Non-Emergency Pension Board meeting of April 11 , 1995. • Englewood Firefighters Pension Board meeting of January 10, 1995 • Englewood Police Pension Board meeting of January 12. 1995 . • Englewood Joint Retirement Board Special Meeting of February 6, 1995. • Englewood Joint Retirement Board Special Meeting of March 1. 1995. • Englewood Police Pension Board Special Meeting of March 1, 1995. • Englewood Joint Retirement Board meeting of April 4, 1995. • Englewood Board of Adjustment and Appeals meeting of April 19. 1995. • Englewood Board of Adjustment and Appeals meeting of April 26, 1995. • Englewood Board of Adjustment and Appeals meeting of May 10, 1995. • Englewood Liquor Licensing Authority meeting of May 3, 1995. PleMe note: If you ti.we• diubllity wl nwl aailury Aldi•---.,.._ notify lhe Cly of Ei••uod (7'2·2370) al lult a houn in adv.nee of when Nt'Vicft-......_ T"-you. -• I . • 0 , • • . .... • 0 :. . - • • I • ' . . - I . . 0 • • ,,, - 0 ;. . • a/- I ~?x,04_));;-&. -,;,, Un"7 ~ -~ . -• \ ' I . . 0 • . - • 0 • ' . "' - • . ' I· • 0 ' • • • • 0 ;. . • /08( ~- ! a,,,J Jr S'"~t:=r:-Sc ~· a'.<. S-u.;~ ~-4'-l<) -ff)~ c,,;f~ . .... • ' ,- . . . I· 'a • 0 • ,- 0 t• . - • • ' . ' ~ - . . . I . . 0 - • • • • ~ . ' • PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS JUNES. 1995 NON-SCHEDULED VISITORS MA V SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH SUCH PERSON SHOULD SIGN TRIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT TOPIC ' . . -~--·--· ,,,_ -' ' . • . .. I. • 0 '] • • • • JUNE 19, 1995 REGULAR CITY COUNCIL MEETING • • 0 I . . 0 , r I:, '32 x l