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Home My WebLink About1989-06-05 (Regular) Meeting Agenda• • • June 5, 1989 Regular City Council Meeting 0 • • • 0 s 7 • • • • CITY CCIIIICIL A8DIDA STATUS I£POIIT FOit THE ... 5, 1189 CITY COUIICJL fiEETINii Agenda Originating Itee De art~nt Descri tton Act ion liken SA 8A 9A 9 FINANCE csa EOOA fl lJ Ullt TP COUNCIL MINUTES MY 15, 1989 (KOZAC£K;CLAYTON) PROCLAM T1 ON Jlll£ 14, 1919 FLAG DAY (KOL TAY/mZACEI ) CAit££1 S£b1C£ IDMO MIIIITES MY II, ltlt OOIIITOIII 0£Y£l 1fT AUTHDIITY MIIUT[S • AIIIL IZ I MY 10, 1919 liQUOR LIC[i I AUTtGITY MINUTES MY 17 , 1919 P S & Clt£ATION C ISSION ETI ·MY II, 1919 PUilJC ll IDAitO MINUTES y 9, 1919 TJ I : I ICHT . I • APPROVED 6-0-1 (BYRNE ABSTAINED) APPROVED 7-0 ) ))~ I ACCEPTED 7·0 Follow -u COPIES TO BE DISTRIBUTED OU TO TRMSJUT SIGNED ORICINAL b£ • • • Agenda Originating Ite. Dep•rt.ent Description Action hken 10 (CONTINUED) llA PUB WKS RESO 136 AGRE£M£NT WITH WINSLOW APPROVED 6-0-1 CONST.CO . FOR PROPERTY IN 2900 BLOCK (KOZACEK ABSTAINED) Of SO . GALAPAGO/PAVING DISTRICT NO . 33 (VAN DYKE/HATHAWAY) llB PUB WKS RESO 134 • PURCHASE/~TJON Of APPtiOVEO 7 ·0 lAII) lfLOMiJNG TO GABRIEL FOR UTIL. WOOlS FOR PAVING DISTRICT NO . 33 (HA~Y/CLAY TON) RESO 135 • PUftCHASE/C~TJON Of APNOV 0 7 ·0 lAII) lfl TO BLESSINGER FOR UTIL . EASEMENTS FOR PAVING DISTRICT . 33 (HATJWM /C LAYlON) llC UTll TUO 0 7-0 llO c 1 0 J3A CAll IT 7·0 n Follow-up BROADWAY; SIDEWALK PROBLEMS AT SANTA FE & DARTMOUTH ; IFTF FIJM)ING; SIGNAL LIGHT AT GIRARD & LINCOLN; STREET LIGHT AT FLOYD & TROLLEY SQUARE PUB WKS/ENGR TO PROCEED BY SECURING APPROPRIATE SIGNA - TURES ON DOCUMENTS WHICH ARE TO BE FILED WITH AND RECORDED BY CITY CLERIC PUB WKS/ENGR TO PROCEED WITH ACQUISITION OF lMO PUB S/E TO PROCEED WITH ACQUISITION OF I.Nil £0: ll COP ITH Cl Cl 'S TT TO Cl Agenda Originating Ita OeJ;1artMnt 14Ai CMGR 14A1 I CMGR 14Ai ii CMGR 14Aiv CMGR l4Bf a.Git 14Bf CMGR 14 f 14 j 14 • • • Descri1;1tion Acti on Taken C(ltPLAJ NT OF KEW HARALOSEN RE WEST PARKING LOT ENTRANCE OF BELLEVIEW PARK . HIGH POTENTIAL FOR ACCIDENTS MANAGER 'S EVALUATION COMMITTEE TO MEET JUNE 7 · 3:00 P.M. RESO 136 SUPPORTING BANNING OF NUCLEAR WEAPONS APPROVED 7-0 (VAN DYKE/KOZACEK) COUNCIL AGREED TO VOLUNTEER LABOR TO PAINT ENGLEWOOD DEPOT IF PEMJSSJON FROM OWNERS IS GRANTED KOLTAY INFOIIED COUNCIL ABOUT UICIPAL LEASUIG AS MEANS FOR HOUSING FIUIICJNG HATHAWAY DISCUSSED : I . PIIOILEMS WITH DESIGN Of KMAY · SILT,D£8RJS,GRAFFITI Z. GRMT PROPOSAL /MEA LS -ON -ns 1lllU OICOG 0 Follow -u11 REQUESTED REVIEW OF SITUATION SIGNED RESOLUTION TO BE FORWARDED TO U.S.CONF .MAYORS CATIY TO INQUIRE ABOUT GRANTING PEMJSSJON FOR THIS 1110111( TO BE DONE KOLTAY WILL PROVIDE COUNCIL WITH COPIES Of DATA STAFF TO lOOK AT D£SI C l l TO PURSU TA F TO INY STIGAT C ll TO R VIEW C Of IC TO TO • - • • 0 ADJOURNMENT: MEETING ADJOURNED 9:30 P.M. PRESENT: HATHAWAY, KOLTAY, KOZACEK, BYRNE, HABENICHT, CLAYTON, VAN DYKE ABSENT: NONE • • • 4 • 1. Call to Order • • • EICLEVOOO CITY COUNCIL EICLEVOOO, ARAPAHOE COUNTY, COLORADO Regular Sesston .June 5, 1989 The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:39 p.•. 2. Invocation The invocation was given by Council Me.ber Koltay . 3 • Pledge of A llett ance The Pledge of Allegiance wa s led by Boy Scout Troop No . 92 . 4 . loll Call Pr.sent : Council rs Hathaway, Koltay, Kotac , Byrne , Habenicht , Clayton, Van Dyke Abslftt : None A quo,.. wu preslftt . Also pres.nt : It 5 . fltnut , I • • • Englewood City Council Minutes June 5, 1989 -Page 2 7. Non-scheduled Visitors There were no non -sc heduled visitors. 8 . Co..untcattons and Procla.attons (1.) COUNCIL MOllER ICOLTAY MOVED, COUIICIL MEMBER ICOZACEIC SECONDED, TO PROCLAIM JUNE 14, 1181, AS FLAG DAY IN EN&LEVOOO, COLORADO. Ayes: Council ~rs Kolt&y, Hathaway , Koz&cek , Byrne, HAbenicht, Cl&yton, V1.n Dyke None N&ys: Abshin: None Absent: None Motion c&rried. 9 . Consent Afenda (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Career Service Ca..issioners Meeting of Hay 18, 1989 . Minutes of the Englewood Downtown Develop-ant Authority meetings of April 1Z and May 10, 1989 . Minu tes of the Englewood liquor licensing Authority .eeting of H1.y 17 , 1989. Minutes of the Eng lewood Parks 1.nd Recreation Ca..ission .eeting of Mly 11, 1989. Minutes of the Englewood Public library Bo1.rd •et ing of M1.y 9 , 1119 . lill for an ordinance authorizing the issuance of special assess - .... t bonds for Paving District No . 33 (sKond reading). 1111 for an ordinance approving an agr .... nt and a ...orandu. of understanding for a wasteload allocation study (second reading). COUIICIL .._. IV. IMED, COUIICIL ...U HAIDIICHT SEC411KD, TO ACCEPT CON · SUIT MUIIA ITDIS I (a) TIIIOiat (e). Ay s : Council Metlbers Koltay , Hathaway, Kouc k, 8yrn , Habenicht , Clayton, Van Dyke Y Slcc.ED, TO APfittOV • 22, RJ 1989 , INTROOOC 0 I • Englewood City Council Minutes June 5, 1989 -Page 3 • • • (g) ORDINANCE NO. 23, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER HABENICHT, ENTITLED: AN ORDINANCE APPROVING AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING AMONG EN - GLEWOOD, LITTLETON, GLENDALE, DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND DIVISION OF AIJIIINISTRATION OF THE COLORADO DEPARTMENT OF HEALTH, REPRE - SENTED BY THE WATER QUALITY CONTROL DIVISION TO PERFORM A WASTELOAD ALLOCATION STUDY FOR SEGMENT 14 OF THE SOUTH PLATTE RIVER. Ayes: Nays: Abstain: Absent: Motion carried. 10. Public ForUI Council ~rs Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None None None Mayor Van Dyke announced that the purpose of the Public Forum was to receive citizen input relative to the goals and objectives established by Council as well as listen to any concerns the citizens .ay have concerning the 1990 bud - get process . She invited anyone in the audience to address Council at this u •. 5:-r::3~·==-~niTs, 4296 South Gahpago, Chah11an of Save the Horsecar C01111ittee, 1 v s ounc of the work being done to restore the Horsecar. He explained that the co..ittee was hopeful that so. t.,ortant history of Englewood would be saved by the restoration process. S21 ,000 has been raised thus far . Mr . Roaans stated that the co..ittee felt the Horsecar, when ca.pletely restored , should be placed in an enclosed environ.nt . He advised that the Co.tttee had started another ca.paign to raise additional .aney for this purpose . They are asking the City to .atch the ..aunt to be contributed, utilizing lott ry funds . Various site locations re discussed. Mr . Roaans urged the Council to favorably consider this request n allocating funds for the 1990 budget . I . Englewood City Council Minutes June 5, 1989 -Page 4 • • • agreement is more cost effective that hiring a full-time employee. Mr . Ben - nett questioned the clothing allowance; he was advised that we provide uni - forms to certain personnel, and that through the collective bargaining agree - ments with the uniforMd personnel, we also provide cleaning services . Mr. Fraser explained that bids are taken for the award of cleaning services. Mr . Bennett questioned the wording of the ordinance establishing the Malley Center Trust Fund; he rec~nded that the wording be changed to assure that those trust funds could be used only for capital i111prove.ents, not general opera- tional expenses. This was discussed further and explained in detail. Mayor Van Dyke thanked Mr. Bennett for sharing his concerns and invited hi~ to re - view the budget iteas in detail with Mr. Fraser or other staff ~rs . Coun - cil Metlber Clayton c~nted that the 1990 budget fonut has been changed which should aake the docu.ent .ore easily understood. larry Col-n, 3305 South Broadway, c~nted concerning the 1/Z cent sale s tax, stating that he does accept Council's reasons for keeping the tax at thi s ti~; however, he urged that Council continue to consider this tax as a tem - porary ~asure and that it be re.aved as soon as possible . Mayor Van Dyk e assured Mr. Coleaan that it is Council 's intent to review this tax period ic al - ly and that when viable it would be re.aved . Mr . Coleaan infor.ed Council of the Englewood Downtown Develo~nt Author i t y 's (EDOA) sponsorship of the First Independent Fair scheduled for July 1 and Z, c~ntfng that one of the purposes of the EDDA Is to increase bus ne ss i n t h greater Englewood area so that the tax lnc~nt bonds can be paid off wi th out the need for the 1/Z cent sales tax. He urged Council to support and attend the Fair so that it can beca.e an annual event . Mr . Coleaan, and others who •ight be interested, were invited to att nd Coun - cil 's study session , Monday, June 1Z, Conference Roo. A, at wh ic h t i 1/2 ctnt sales tax wtll be reviewed . Council Mellber Clayton t nv tttd s clflc ideas of how thts ta~ can be used, keeping It on as shor a t a po ss ble . Counc 1 ..._r ByrM announced that she was work i ng w th Po ll ya nna Ha y s. £DOA Executive Director, to find .ore vendor s for t lft6t fa r . Co nc 1 r Hathaway announ ced she had volunt red to r t da s uppo tt l Fa i r . ) I Englewood City Council Minutes June 5, 1989 -Page 5 • • - Ji• Taylor, 3709 South Shenaan, addressed Council concerning a specific site location for the Horsecar . He inquired as to the ownership of the Plaza and was infor.ed that it belonged to the City . He urged Council to work with the Committee in finding the right place for the Horsecar, stating that the Plaza provided the perfect location . Frank R.-s, 3201 South lincoln, r•inded Council of his c011111ents at the February Town Meeting about the light at Floyd and Broadway, at which time he requested that left turn signals be added . Mr . Re ... s felt this intersection presented a very dangerous situation and urged that it be resolved before a serious accident occurs. Mr . Waggoner, Director of Public Works, agreed that there is a problet1 at this intersection; however , there is a cerhin cycle length down Broadway, progressing Broadway north and south, and to alter the ti•ing at that specific intersection to allow a left turn off Floyd would af- fect the Broadway portion of that cycle, causing probletls during rush hours and progressive ti .. of peak hours . The probl•s affiliated with this inter- section were discussed . It was rec~nded that a review be •ade of the intersection to detenai ne warrant requ i r ... nt s . Counc i1 Metlber Koucek ex- pressed di~y that staff had not provided Mr . Re ... s with 1 response to his c~nts at the Town Meeting and requested that it be done . Mr. R .... s also inquired about the sidewalk probl•s (large rocks phced on the sidewalk by the foreign car dealership) In the 1re1 of D1rt.outh 1nd S1nta Fe . He felt the dealership should be required to ret10ve the rocks 1nd put In a sidewalk for safety re1sons . Englewood City Council Minutes June 5, 1989 -Page 6 • • • Habenicht also co.ented on the frustrations experienced by residents and Council ~rs who find their hands tied by the Charter and the Model Traffic Code. As there was no one further in the audience who wished to speak, Mayor Van Dyke asked if any of the Council ~rs wished to uke a c01111ent. Council Metlber Clayton felt this public foru. was a unique ster in allowing the citizens to speak to Council this early in the budget process. He encouraged those in the audience to provide Council with any thoughts they May have regarding the budget. He wants the budget to be reflective of what the citizens of Englewood want. Mayor Van Dyke announced that the official public hearing concerning the pro- posed 1990 operating budget would be held Sept.-bar 18, 1989, at the regular City Council .. eting ca..encing at 7:30 p.•. Mayor Van Dyke closed the public foru. at 8:45 P·•· and proceeded with the agenda of the regular .. eting . 11. Ordinances. leso 1 ut tons and llot ions (a) Ctty Attorney DeWitt provided inforution concerning the reca.men - dation fro. the Public Works Oepart..nt to adopt a resolution providing for an agree.nt to acquire real property for construction of the 2900 block of South Galapago Street '" Paving District llo . 33 . Mr . DeWitt explained the details of the .._,......t . The lesolution was asstgMd a nUIDer and read by title: RESOlUTIC* II). 33, SERIES Of 1919 A RESOlUTI APPfiOVINCi AGREEMEMT VITH VINSlOV CC*STRUCTIC* CCII'ANY AND ACCEPT - I IY QUIT CLAIM DEED All) .wtltANTY DEED T .. EE PARCELS Of REAl PROPERTY IN TH E ltOO 0C Of SOUTH liALAPAGO STRE£T FOR RECC*STRUCTIC* Of SOUTH liA.LAPAGO STI£ 1. a rela l v of hh 1• H , • Englewood C1ty Counc11 Minutes June 5, 1989 -Page 7 • • • staff to acquire those easements through purchase or condemnation, as necessary. The Resolutions were assigned numbers and read by title: RESOLUTION NO. 34, SERIES OF 1989 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTER - EST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE FOR UTILITY EASEMENTS IN PAVING DISTRICT NO . 33 IN THE CITY OF ENGLEWOOD, COLORADO. (property owned by Ja.es F. Gabriel) CCUI:Il IEieEl HATIWIAY ROVm, COUIICIL IEieEl CLAYTON SECOIIDm, TO APPROVE RESOLUTION NO. 34, SERIES Of 1989. Ayes : Council ~rs Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent : None Motion carried. RESOLUTION NO. 35, SERIES OF 1989 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SIMPLE INTER - EST IN CERTAIN LAND IN THE CITY OF ENGLEWOOD TO PROVIDE FOR UTILITY EASEMENTS IN PAVING DISTRICT NO . 33 IN THE CITY Of ENGLEWOOD, COLORADO. (property owned by Loretta K. Blessinger) Ayes: Council "'-bers Koltay, Hathaway , Kozacek , Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain : None Absent : Non Motion carried . ) I . Englewood C1ty Council Minutes June 5, 1181 -Page 8 • • • (d) Director Winkle, Library and Recreation, presented a recommendat i on fr011 the Ma 11 ey Center Trust Fund Board of Trustees to approve by motion a Trust Fund expenditure not to exceed $900 . Ms . Winkle explained that the pur - pose of the expenditure is acquire the services of a negotiator to assist the City in negotiating for 75 feet of property north of the Malley Center . The property under consideration is owned by St. Louis Parish, who have indicated a willingness to sell. CCUEIL IUIEI HAl'HAMAY ROVED, COUIICIL ..-a ltOZACEK SECCJII)ED, TO APPROVE THE TIUST F\11) EXPDIUTUIE Ill M MOliiT IIOT TO EXCEED $100 FOR IIE&OTJATIII& PURPOSES. Ayes : Council ~rs Koltay, Hathaway, Kozacek, Byrne , Habenicht , Clayton , Van Dyke Nays: Abstain: None None Absent : None Motion carried . 12 . C1ty llana .. r's -.,on Mr . Fras er d i d no t hav e an y .. tter s to br i ng before Counc i l . 13 . C1ty Attorney's leport (a) Ctty AttonMty DeWitt requested authority fn. Counc il to de f end the Ctty in the .. tter : S[Je(CA JMSURMC£ COMPMY v EICLEWOOO URBAN RENEWAL AU· THOIUTY , etal , explain i ng there IIQ be an obligation on the part of t he Ci t y to defend th h .. tter , •i ch relates to a clai• of d..age to the Penn House Apart..t~t s as a result of cons truction .on for Uttl e Dry Cree k i~rov tMnts. Mr . DeW i tt e xpla i ned t hat t he .. tter .oul d be defended through t he pool co verage wi th CJRSA . CCUitll IUIO UDCEX IMO, aultll ..U cun. ~. TO MmllliZE 11IE CITY ATTo.El TO DUm» 11IE CITY II 1lE MOl£ MTTEI . Mr . OeWttt expl a ined that the City prov ides cover ag in this .. tter und r th GovernMntal J-..ntty Act to l Englwood Urban Rtn al Authority . He also -plained there ~Y be cov r under the Randall and 8la e contract wtlh t EUAA . Vol results : A1 s : ays : AbsU n: Ab nt : ton c rr ed . (b) l. z. 3 . a•. al D n rs oltay , Hath icht, Clayton, Van Oy ouc ' y ng t d po .,: folat on • I . Englewood City Council Minutes June 5, 1989 -Page 9 (a) Mayor's Choice • • - (i) Mayor Van Dyke advised the City Manager of a complaint lodged by Ken Haraldsen regarding the west parking lot entrance at Belleview Park . Hr . Haraldsen felt this entrance/exit to be potentially dangerous . (ii) The time and place for the Manager/Attorney evaluation com -mittee meeting was confinled for June 7, 3:00p .M., Conference Room A. Mayor Van Dyke requested to defer two additional items until after Council MeMber's Choice. (See Page 10) (b) Council Member 's Choice (I) Council MeMber Koltay , serving as Council 's representative to the Housing Authority , advised Council of what appears to be a new means for financing low-income housing projects through .unicipal leasing. This matter was brought to the Housing Authority for consideration at the Authority 's last meeting by WHERE (We 'll Have Equitable Relocation). Hr . Koltay felt Council should be aware of this M&chanis•, approval of which would re.ove the leased property fro. the tu rolls . Hr . Koltay offered to provide Council llbers with copies of the document . (if) Council MeMber Hathaway brought up two subjects: (I) The Dry Creek walkway , which during a walking tour this date she encountered -.d under both underpasses, considerable debris at all three of the bridges, and she was disturbed by the 1110unt of graffiti under th bridges. She requested that the area bt patnttd or something to take car of the probl... She felt, to alleviate the stlt and .ud, staff should review the d sfgn. (Z) Sh tnfonltd Council that she had attended the als -on · eels con - ference In Washington, D.C., and she will provide Council wi th IIOrt tnforu - tton later regarding the establts nt of a public/pr i vate partn rsh p fort neftt of als -on -els progra~~. Sh advised Counc 1 that s ho s to put loget r a grant proposal, rklng through DICOG , for r ce p of re y nto t £ngl.wood /lt ttleton area . 1' I Englewood City Council Minutes June 5, 1989 -Page 10 • • • MAYOR VAN DYKE NOVm, COUNCIL MEMBER ICOZACEK SECOfl)m, TO SUPPORT COUNCIL MEM- BER HAIEIIICHT'S CANDIDACY TO THE CML BOARD AT THE ELECTION TO IE HELD IN IRECXO.IDIE DilliN& THE NIIJAL COIIFEREIICE ME 20-24, 1989. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Nays: Habenicht, Clayton, Van Dyke None Abstain: None None Absent: Motion carried. Since the City has two votes, Council Melber Hathaway urged Council to also support Carol Snyder of Northglenn. (v) Council Metlber Byrne requested that when the City cites citizens for wed violations , that we uke an effort to provide th• with 1 list of n ... s of youths in the co..unity who could assist th• in re.oving the weds. Ms. Byrne felt it would be good to hook up these two progra•s. (a) Mayor's Choice (continued) (Hi) Mayor Van Dyke presented a proposed Resolution which would support the U. S. Conference of Mayors' position banning testing of nuclear weapons. The Resolution was assigned 1 nUiber and read by title : RESOLUTION NO. 36, SERIES OF 1919 A R£SOLUTIOII SUPPORTIII& COIIFERDKE OF MAYORS IN IWIUIC IULEAR WEAPONS TESTJIIi. Nus : Abstain : Absent : Mot on UM'ied . CCMHte11 .._.rs Koltay, Hath ay, ICoue , Byrne, Habefttcht, Clt~tOft, Va~t Dyke 11oM 11oM - • Engl.wood City Council Minutes June 5, 1989 -Page 11 15 . Adjou..-.nt , . • • • COUIICIL REMO lOUCtlllmD TO..,.... The .eeting adjourned at 9 :30 p .m. ~4M-.JL~ City er I . • (1 • • • • • AGDDA FOR THE REGULUl IIBBTING OF THE ENGLEWOOD CITY COUNCIL JtJJfB 5, 1989 7:30 P.M. 1. call to order. /tLt-t.-¥ 2. Invocation. "tLtt ~ 3. Pled9• of alle«Jience. ~~ 9 .;.l..r •· aou cau. 7 Jlinutee. } (e) Kinutee of tbe . IP~ 'tte / er tinq of Key 15, ltlt. ~ ~lebeduled Viaitore. to ten ainutee. ) (Pl .... liait your preeentation 7. lloft-lebeduled Viaitore. (Pl .... liait your preeentation to t1,. ainu tee. ) 1. co-utica tiona and Procl ... tiona. •• ltlt •• fl 9 ni ltlt. y • I . City Council Agenda June s, 1989 Page 2 • • - (b) Minutea of the Englewood Downtown Development Authority Meeting• of April 12, 1989 and May 10, 1989. {1 (c) Minutea of the Englewood Liquor Licenaing Authority Meeting of May 17, 1989. (d) Minute• of the Englewood Parka and Recreation Coaaiaaion Meetinq of May 11, 1989. (e) Minute• of the Englewood Public Library Board Meetinq of May 9, 1989. Approve A £l<'"-·jl/;:cha~f. t/' (f) Bill for an ordinanc~authorizinq the iaauance of apecial aaaeaa.ent bOnda for Pavinq Diatrict fJJ. ~ (9) Bill for an ordinancJfaPs»rovinq an aqre ... nt and a aa.orandua of underatandinq for a waateload allocation atudy . 10. Public Porua. Diacuaaion of City Council'• Coala and Objectivea and the 1190 Budqet Proceaa. ~ 11 Ordinancea, aeaolutiona, and Motiona . I . City Council Agenda June 5, 1989 Page 3 • • • · ~~t~eca.aendation froa the Malley Center Trust Fund v JJ.,fY Board of Truate-to approve by aotion a Trust Fund m '_r{ (l"' 1 expenditure in an UIOunt not to exceed $900.00 for l '!~~y J?'" the aervicea of a proP.arty acquisition neqotittor. ~ttJ11 -,E/cu:tta<(~ j, "dttCJ-L.; 12. City llanaCJer•a Report. -{3-- 13. City Attorney•• Report. (b) Council~·· (i) dt Adjou.rnMnt ( 11) BP:lab 1. Call to Order • • • EN&LEVOOO CITY CCUICJL EN&LEVOOO I ARAPAHOE ccum I COLOitADO Regular Sesston "" 151 Jilt The regular ... ting of the Englewood City Council wa s called to order by "•yor Van Dyke at 7:36 P·•· 2 . Invocation The Invocation was given by Council Ke~r Koltay. 3 . Pledge of Allet tance The Pledge of Allegiance was led by Boy Scout Troop No . 92. 4 . loll Call Present : Council Me.bers Hathaway, Koltay, Kozacek, Habenicht, Clayton, Van Dyke Absent : Counctl r Iyme A quo wa s present . Also P,..S nt : lAY • TO tt I • • • Englewood City Council Minutes May 15, 1989 -Page 2 There were no pre-scheduled visitors. 7. Non-scheduled Visitors (a) Mrs. Eleanor Dunn infort~~ed Council that she wished to present the results of a research project concerning the closure of the alley between lo - gan and Pennsylvania Streets. She was encouraged to present that inforMation during the public hearing. 8. to.lunications and Procl ... tions (a) CCUI:Il IEiaEil HAIDIICHT IIOVm, COUIICIL IIOIER CLAYTOII SECOIID£D, TO ACCEPT THE •PUIIIJII& FOI EII&LEWOOD PUBLIC LIIWY SERVICES 1991-1995• REPORT FlOII THE a.LEMOOD PUBLIC LIIURY ADVISORY IOMD. Ayes: Council ~rs Koltay , Hathaway, Kozacek, Habenicht , Clayton, Van Dyke Nays : None Abstain : None Absent : Council ~r Byrne Motion carried . (b) CCUI:Il IIOIB ICOZACEl IIOVm, COUIIC ll IIOIB HAIDIICHT S£c.m, TO D£Cl.ME THE II£B OF MY 15 THROUiiH 11, 1181, AS •cOLOUDO IMTB QUALITY MIM£- IIESS 11£0(.• Ayes : Nays : Abstain : Absent : Motion carried . Council "--bers Koltay, Clayton, Van Dyke None None Counci 1 r Byrne Hathaway, Kozacek, Habeni cht, (c) CCUI:Il ._. CLAYT • .WO, MYGI VM DVI.£ SlaiiQ, TO NOCLAIR THE IIIlTH Of.-, lilt, AS •lltlQ.J• ~.· Ayes : Counctl n IColt-.y , Hat ay , Kouce , Ha n1c t, Clayton, Va Dyt Cou ct l r8ym • Englewood City Council Minutes May 15, 1989 -Page 3 • • • (a) Minutes fr011 the Planning and Zoning Co11111ission .eeting of May 2, 1989. (b) Minutes fro. the Englewood Urban Renewal Authority •eting of May 3, 1989. CCUI:IL ..a. lOZACEl IIOVED, CCUI:IL ~ CLAYTON SECCII»ED, TO ACCEPT CON- SOfT M£II)A I TEllS t (a) 11llCJUat (b) • Ales: Council Me.bers Koltay, Hathaway, Kozacek, Habenicht , Clayton, Van Dyke Nays: None Abstain: None Counc i1 Me.ber Syrne Absent: Motion carried. 10 . Publtc HHrint to Consider the Plamed Develop~~ent of Mcltsh Medical Center (K). CCUI:IL ...U lOZACEl IIOVED, CCUI:IL IEieEI CLAYTON SECCII)ED, TO OPEJI THE PUILIC HUll •• Ales: Nays : Abstatn : Absent : Motion carried. Council Me.bers Koltay, Clayton, Van Dyke None None Counc i1 Mellber Byrne Hathaway, Kozacek, Habenicht , Mayor Van Dyke advised the audience that it was Council's procedure to allow the applicant and all individuals in favor of the Planned Dtvelop~ent to pres - ent testt.o~~y first and that testi.o~~y of those individuals OIII»>Sed to the PlanMd Oevel~t would then be taken . All witnesses re duly sworn prior to testi.o~~y. like Cook , attorney representint Swedish "-dical Center, info~ Council that a s of witnesses speaktnt on behalf of t Planned Dtvelop.ent had been prepared and a copy SUHlfed to each Counctl r . I t Dt elop~ent, Dtvel~t. to present pert nent t red into t record I . Englewood City Council Minutes Kay 15, 1989 -Page 4 ,. • • • garage by an overhead walkway on HIMPden. This building currently .eets all zoning require.ents. 2) construction of a renovated intensive care unit and, at so.e point in the future, e.ergency facilities. This construction would not 111eet current zoning, having only a 3' setback fro. existing property line . Zoning require - .. nt is a 15' setback. Council does have the authority to waive this provi- sion of the zoning ordinance. 3) construction of a parking garage with 600 spaces upon COIIIPletion, first phase of which is for 300 spaces. This construction varies fr0111 the existing zoning ordinance: the Plan proposes an II' setback on logan Street -the require.ent is IS'; on Girard Avenue there is a IS ' setback which would ... t the first phase of construction (for 300 spaces), however, upon co.ple - tion of 600 spaces, the requir ... nt would be 20 '. Council does have the au - thority to waive this provision of the zoning ordinance. Also, Mr. Wanush pointed out that near the alley being vacated, there ts no setback at one point, so it would be necessary to waive the IS' requir..ent . 4) request to vacate a portion of South Pennsylvania Street . The north portion of Pennsylvania would re.ain as a public right-of-way , the south por - tion would be vacated to allow SMC to acquire ownership to the property for use as described in the Planned Oevelopient . 5) request to vacate a portion of the al ley between South logan and South Pennsylvania Streets, allow ing SMC the use of that land . Mr . Wanush pointed out the private residence of the Ounns on the west side of Pennsylvania and expla,ned that by the vacation of the alley portton i-.diately behind the Dunn property, SMC and the Ounns would each receive approxi .. tely 8 '. Add•t onal exhibits entered into the record by Mr . Wanush -.re : C ty E• b t C • ~11cation by Swedish "-dical Center for Planned Otv 1 t 0 str ct, dated ust 23, 1918 C t E b t 0 • P• and conceptual dr ings of t t ~ II, dated st 11 . 1911 c ty h t • t ff port. Case 14 ·81 c lteS s u t ( • - Engl-.ood Ctty Counctl Mtnutes May 15, 1989 -Page 5 • • • Mr. Wanush reviewd the standards contained in the City's zoning ordinance which were considered by the Co..ission and which are contained in the Find- ings of Fact (City Exhibit J). He then offered inforaation pro and con rela- tive to the Planned Develop!lent. Mr. Wanush responded to various quest i ons and concerns . ltclt lloccaforte, Vice President of Operations and Corporate Develop!lent, Sillledtsh Medical Center, en~rated the three aain things being requested by SMC: 1) vacation of alley portion, 2) vacation of a street, and 3) approval of a Planned Develop!lent. Mr. Roccaforte explained briefly the co.ponents of the Plan, and he explained the necessity of the various parts of the Plan . Mr. Roccaforte shared several slides of the proposed Plan and responded to various questions of Council. Entered into the record were the following exhibits: Swedish Exhibit A and B -slides showing the Planned Develop.ent and the Si~lified Planned Develop!lent. Swedfsh Exhibit G -a letter fr011 Jues B. Irwin, a for"Mr patient at Swedish. The letter was read into the record. Swedish Exhfbit F -A ~ffication to the Planned DevelOp!lent was pres - ented and discussed. Thts ~ification showed SMC's willingness to close the entrance Oft Logan Street to the parking lot and the loadfng dock, that area north of £ngl-.ood Apart.ents and south of the parking structure to be land - scaped. The loading dock IIIOUld be on Halllpden Avenue . Mr . Roccaforte respond - ed to Council's questfOfts about this versfon of the Plan . Swedish £xhtbfts £-1 thrQU9h £·6 • slides showing t (Engle.ood Apart.ents) fro. various direct ons . T attey t lltllt property wu d scussed, and t poss b lity of 11tey Oft t I\Ort sfde, w t t 11tey fro-t south nd ng u dhcuss 0 ·1 t r~ 0 ·5 • sH c ss to t I • • • Englewood City Counc il Mi nutes flay 15, 1181 -Page & THE IIEETIII& RECONVENED AT 1:30 P.M. IY MOTION OF MAYOR VAN DYKE, SECOfi)ED IY COUNCIL NOllER ICOZACEIC, liWUNOUSLY APPROVED , WITH SIX MOilERS OF COUNCIL PIEsm . Mr. Roccafo r te offered additional infona.tfon and entered into the record: s..dish Exhibit C -slide showing the walkway from the parking structure to the buil d ing which pa sses the Dunn property at a level lower th an the yard level of the Dunn propert y . Robert E. leflh of leigh, Scott I Cleary, Inc., stated he had been retained by SHC to perfo~ a traffic iMpact analysis and he offered : 1989. s.edfsh Exhibit I -his resu.e Swedish Exhibit J -Traffic IMpact Analysis dated Septe.ber Z, 1988 s.edish Exhibit IC -an addendu. to that Analys ts, dated October 14, 1988 Swdlsh Exhibit l -Alternative Access Phn Analysis , dated Apr il ZS, The contents of these exhibits re discussed . Mr . Leigh explained various points of the analysts in respon se to Council's quest ions . He then offered : s..dlsh Exhibit II -Trlf"ffc Volu.e Dfagr s, which wre questioned and discussed . Dan lut~. Vice Pre si dent of H r, Siler, Ceo~ Assoc t 1tes , 1n econo.tc consult fng ff ~ reh ned by to evaluate the econo.tc fMp lct of ~ upon the c nlty, entered th foll fng h bits In to th record : Ish Exh bit M -H fsh Exh b t N -Econo. c • dlttd Ma y 1989 . Ex lbtts O·J sn r res 0· 1' cal C nter on h Cf y t d ,. • 9 0 I . Englewood City Council Minutes Nay 15, 1989 -Page 7 • • • Mr. Scott highlighted the contents of the survey results, using the various slides, which showed a high percentage of Englewood citizens in favor of the various cu.ponents of the Planned Develo~nt and vacations of the alley and the street. ltll Keller, Robinson Keller Engineering, offered infonaation relative to the parking require~~ents and reviewed the existing and proposed parking situa-tions. He entered for the record : Swedish Exhibit V -Parking Study &lorttne Shelden, 6956 South Olive Way, Englewood, offered testi.uny as a..__ ber of the nursing staff of SMC . She stressed the i~ortance of the renova - tion to the Intensive Care Unit and urged Council to -.ke a favorable decision . ~rd Mel~, representing the Greater Englewood Cha.ber of Ca..erce, of -fered for t e record : Swdhh Exhibit R -Resolution ldopted by the Greater Englewood Challber of Co..erce supporting the Planned DeveloP~&n , said Resolution dated May 12, 1989 . Denver . Porter r of ,.,..._"'ts to Dr . Gillesby stated his rfal Hospital ; he is a ish 's ICU Advisory Co.- ICU and encouraged a Center . Mr . and the co.- cal s rv ces . tn o,..r to sur - COttCerntng I . Englewood City Council Minutes May 15, 1989 -Page 8 • • • Swedish Exhibit S -Authorization of Ha.er P. and Eleanor C. Dunn naming Stanley A. Williams negotiator in their behalf for the sale of their two prop - erties, said authorization dated April 17, 1989 Swedish Exhibit T -Counter proposal from Creamer and Seaman , dated Apri l 27, 1989, stipulating ten.s and conditions of proposed sale of all three par - cels of land to SMC (3419, 3430 South Pennsylvania, 3470 South logan) s.edish Exhibit U -letter dated April 28, 1989, fra. SMC accepting the counter offer . Ms. Merck advised Council that the Dunns had decided not to proceed with the sale; further as SMC was desirous of proceeding with the project, they did not intend to litigate the •atter. Ms . Merck urged Council to assess and consider what would be i n the best interest of the •ajorfty of Englewood 's citizens and to approve the application for the Planned Development. Mayor Van Dyke asked if there were others present who wished to speak in sup - port of the Planned Development. There was no response . Mayor Van Dyke then invited those opposed to the Planned Development to enter testimony . Eleanor Dunn , 3419 and 3430 South Pennsylvania Street. Mrs . Dunn infof'Md Council that Mr . Crea~~er (Crea~~er and SeiiNn, law Offices) was not their lawyer or legal counsel; also , there was concern about what was really being offered or stipulated. She also informed Council that she and Mr . Dunn do not approve of the street closure or the alley vacation . She reported on an opinion poll concerning the street closure which was published in the Engle - wood Sentinel; 56 "Don't Close the Street• votes were received . She adv ised Council that had requested their e.ployees to also participate in a s •1- lar opinion poll with these results: Sl •close the Street• votes ; 11 "Don ' Clos he Street• votes ; and 12 "Should ~ to a Vote of the People• votes . She w s of t op nton that had advised the r MPloyees how they should vote . T refor , she wa s of the op nlon that the research wa s val d, but t at t sults not. s . Dunn entered Into the record : to tter to t r .-ploy s t I . Englewood City Council Minutes May 15, 1989 -Page 9 • • • F, he felt those changes appear to solve so.e of the problems he had been an- ticipating in the original Planned DeveloJ)IIIent. He enumerated several sec- tions contained in Section 16-4-8, Englewood Municipal Code 1985, concerning R-3 High Density Residence Districts. He provided Council with copies of a handout showing aerial photos and photographs of the area in general and of the area surrounding the Will i1111s property specifically (Englewood Apart -~nts). A copy of the handout was entered into the record identified: Willia.s Exhibit 1 -Handout (described above) Mr. Willia.s expressed disappoint.ent that it had not been possible to nego - tiate successfully so that Swedish could gain control of the entire area bounded by the Planned Developt~ent. However, as that is not possible, he stressed the need for appropriate landscaping and buffer area around the apart.ent building. He felt it is his responsibility to 111ke sure that the residents are protected and that the property values are not reduced because of the Plan. Mr. Wtllia.s stated he was willing to withdraw hts objections if the altered Plan being proposed by SMC (Exhibit F) was sincere. He could only withdraw hts objections if the landscaping were to be done properly. Further discussion ensued relative to the density and height of the landscaping; dele- tion of the east/west alley; entrance Into the parking lot fro. Logan Street. Mr . Wtllta.s confinlld that his 111jor concerns would be elt•tnated by the eli - •inatton of the east/west alley . Mr . Wtllia.s was assured that SMC would have to ca.ply with whatever a.en~nts Council would 111ke to the Plan. Mayor Van Dyke asked If there was rebuttal by the applicant of any ca..ents 111de In opposition to the Planned O.velo.,.nt. Mr . Roccaforte took that opportunity to tnfor. Council that SWedish Medi cal Center fs ready and willing to 111ke any concessions, .-odtftcatlons, etc., that Council 111y d proper . tto.ver , they are requesting that a dtcfsfon be lllde thts venfng . oltay, Hat ay, ozace , Ka tcht, ss 11 . Orft t tl I Englewood City Council Minutes May 15, 1989 -Page 10 • • • A RESOLUTION ADOPTING THE FINDINGS , CON CLUSION AND DEC ISION OF THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLORADO , REGARD ING THE PLANN ED DEV ELO PM ENT BY SWEDISH MEDICAL CENTER OVER THE NEXT FIVE YEARS . COUNCIL NEMER ICOLTAY MOYm, COUNCIL NEMER CLAYTON SECONDm, TO APPROVE RESOLUTION NO. 30, SERIES Of 1989. Counc i l Me.ber H1thaw1y offe r ed se p1 r 1te aMe ndme nt s to the Pl 1n ned De vel opment of Swed i sh Hed ic •l Center as i nco rp or •ted i n Re solut i on No . 30 , Se r i e s 1989 , as fo ll ow s: COUNCIL NEMER HATHAWAY MOYm, COUNCIL NEMER CLAYTON SECONDm, THAT A PROVISION IE ADDm TO THE SWEDISH NmiCAL CENTER 'S PLANNED DEVELOPMENT THAT THE PMICIIII LOT ACCESS ON LOUN STREET IE MAINTAINm WITH THE CONTINUATION Of THE RESTRICTION THAT ONLY PHYSICIANS WILL IE USING THAT PARTICULAR ACCESS TO THE PMICINS STRUCTURE All) THAT IT HAY£ A RIGHT TURN -IN AIIJ RIGHT TURN -OUT DESI&MTJON ONCE IT IS CONPLETm . After discu s s i on , the mot i on w1s wi thdr•wn . COUNCIL NEM ER HATHAWAY MOYm, COUNCIL NEMER ClAYTON SECOII)m, THAT CITY COUNCI L ACCEPT THE CONDITIONAl APPRoVAL Of SWEDISH NmJCAL CENTER 'S ALTEIMTJY E Pl.AIIQ DEY£LOPtiOIT WHJ at IS OUTLJNm All) IDENTIFim AS EDfJIIT F. ~es : Council rs kolhy , H1tha w1y, Kouce k, H•benicht , Clayton, Yin Dyke N•ys : None Abstain : Non Abs nt : Coun c t1 r Byrn Mot on carr ! d , ind th f r s t ndlent to the Pl•nned Oevelo~nt wa s approved . I . Englewood City Council Minutes Hay 15, 1989 -Page 11 Abstain: None • • • Absent: Council MeMber Byrne Motion carried, and the third a.end.ant to the Planned DevelopMent was approved . COliiCIL NaBER HATHAIIAY MOVm, COUNCIL MEMBER HAIENICHT SECONDm, THAT THE "-AAie DEVELOPMENT OF SIIEDISH NmiCAl CENTER IE REQUIRm TO PUT IN A HU~HER DEJISITY All» HU~H LAIGSCAPIN& ALONG THE NORTH END OF WILLINIS' Efl&l.EWOOD APARTMENTS MD THAT THE LAIGSCAPIN& IE INSTALLm SJiliULTMEOUSLY WITH THE &ARA&E CONSTRUCTION. After discussion, the .ation was withdrawn . COUNCIL HElliER HATHAWAY MOVm, COUNCIL NEMER HAIENICHT SECONDm, TO ADD A PROVISION TO THE SWEDISH HmiCAL CENTER'S PLANNm DEVELOPMENT THAT THERE IE HIGHER DEJISITY All) HIGHER LAIGSCAPIN& ALONG THE NORTH SIDE OF WILLINIS' ENGLEWOOD APARTMENT IUILDIN& TO IE PUT IN SIHULTMEOUSLY WITH THE liARME STRUCTURE, WITH THE ADDITIONAL PROVISION THAT THE LAIGSCAPIN& STRIP IE AT LEAST FIFTEEN FEET (15') IN WIDTH All» THAT IT USE A GOOD CONCENTRATION OF EVERGREEN MD HII~H DENSITY FOLIAGE . Ayes: Council Me.bers Koltay , Hathaway, Kozacek, Habenicht , Clayton, Van Dyke Nays : None Abstain: None Absent: Council Metlber Byrne Motion carried, and the fourth a.e~nt to the Planned DevelopMent wa s approved . COliiCIL NaBER HATHAIMY MOYm, COUNCIL NaiEl HAIEJIICHT SECONDED, TO MID A PIOYISION TO THE SMmiSH HmiCAL COlTER'S PUM0 DEYROPNOIT THAT TN( CUIIEJITLY OPEJI MEA ADJACENT TO THE LOADI. DOat AIO, IIIItH 10Aa1S T'H( LOUII ACCESS PAIIICIN& LOT IE LAIGSCAHD, THE MEA ARCUm T'H( 1W1U1DD CLOSURE OF TN( AllEY IE LAIGSCAHD. After discussion, the .ation was withdrawn . COliiCIL _,.ER CLAYTON MOYm, COUNCIL NOllER HAIENICHT SECONDED, THAT T'H( MEA THAT PIESENTLY IS A PAIIICIN& LOT NORTH OF THE WILUMS PIOPQTY THAT IS -.r USED FO« TH£ OORANCE/DIT All» THE fWINOHEAD TUIIIf FO« TH£ ALLEY I( LAIIlSCAPED. Ayts: Councn Clayton, Nays : one Absh n : on Absen : Counc l tton earrl d, nd th ffft approvtd . I . Englewood City Council Minutes May 15, 1989 -Page 12 • • - THAT THE WIDTH OF THAT LANDSCAPING BE AT LEAST TEN FEET (10'). THE ABOVE lANDSCAPING SHOULD MITIGATE ANY VEHICULAR TRAFFIC OR PEDESTRIAN TRAFFIC THAT MAY HAVE AN ADVERSE AFFECT ON THAT PARTICULAR DUNN PROPERTY. Ayes : Coun ci l Members Koltay , Hathaway , Koza cek , Haben i cht , Van Dyke Nays : Counc il Member Clayton Absta i n: None Absent : Counc i l Member Byrne Motion carried , and the sixth a.andment to the Planned DeveloPMent was approved . COUNCIL MEMBER HATHAWAY MOVED, MAYOR VAN DYKE SECONDED, TO ADD A PROVISION TO THE SWEDISH MEDICAL CENTER 'S PLANNED DEVELOPMENT THAT THE PARKIN& LOT IN FRONT OF THE BUILD IN& -THE 14 SPACE LOT, BE DESIGNATED AS OUTPATIENT VALET OR HANDICAPPED ONLY. Aye s: Council Members Hathaw ay, Kozacek, Habenicht, Van Dyke Nay s: Counc i1 Membe r Ko ltay, Clayton Abstain: None Absent : Council Member Byrne Motion carried, and he seventh amendment to the Planned Develo~n t was appr oved . COUNCIL MEMBER ICOZACEIC MOVED, COUNCIL MEMBEl HATHAWAY SECOND£D, THAT MDISH MEDICAL CENTER BE REQUIRED TO PAY FOR All RELOCATION OF THE POMEl LINES PLACIN& THOI UNDEl &ltOUND, DO All PERTINENT HOOKUPS TO THE USIDOfTS IN THE MEA . ~es : Council ~rs Kozace , Va n Dyke Nays : Council Me.ber Kolt ay , Hatha way, Habenicht, Clayton Ab staIn : None Absent : Counc 1 llber Byrne Mo tion was not approved. COUNCIL MEMIEI ICOZAC EIC MOVED, COUNCIL MMEI ICOLTAY S£COND£D , THAT MDISN MEDICA L CENT ER BE I [QU JIED TO ADD A STREET LIGHT AT CiiiAID/P(MSYLVMJA INTER SECTION TO HEL P CONTROL TRAFFI C fL OW IN THA T AREA , MMIMTEO . A t r d1scuss1on, Co nc1l M r ol t mo ion dl d for a lac o a cond, l th dr w Is s cond to th .atfo OF Af er dlscu ton, t A r d us h I Englewood City Council Minutes May 15, 1989 -Page 13 • • • Council Member Koltiy tilled for the question on the original motion to ipprove Resolution No. 30, Series 1989, accepting the Planned Development of Swedish Medical Center as amended by the iforementioned seven imendMents. Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council Me•bers Koltiy, Clayton, Van Dyke None None Council Me.ber Byrne. Hathawiy, Kozacek, Hibenicht, (b) The reca..endation fro. the Planning and Zoning Co.Mission to adopt a bt11 for an ordinance approving the right-of-way vacation of a portion of the alley between South logan and South Pennsylvania Streets in conjunction with the Swedish Medical Center Planned Develo~nt WiS considered. Council Me.ber Clayton asked the Clerk to assign an ordinance nu.ber and read Council Bill No. 23, entitled: ORDINANCE NO. 20 SERIES OF 1989 COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER CLAYTON Ale ORDINANCE VACATING THE RIGHT -OF -WAY FOR THE NORTH 375 FEET OF THE ALLEY LOCATED BETWEEN SOUTH LOGAN AlfD SOUTH PENNSYLVANIA IN THE 3400 BLOCK, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO . CCIUIICIL .... CUYTM MW£0, CCIUIICIL ..,_. lOLTAY SECCIM)O, TO APP10Wt M FiliAL UMr• •riWIC£ •· 20, sons OF 1111. In response to 1 question posed by City Attorney DeVItt concerning acceptance by s.edish Medical C nter of the Planned Deve1o.-.nt as nded by Council, Mr . Nick Roccaforte, V ce Presfd nt of Corporate Develo.,..nt, speaking on be · half of s.edish teal C nter , fnfor.td Council that Swtdtsh teal Center -.ould accept tht seven nts to th Planned Develo~t wtlt ch re ap - proved by Ctty Council . Mr . Roccaforte assured Counc 1 that hid the au · thorlty to acc pt t nded plan . Vote r sults: l,y : olh • Hat y, Ol C , H t, lA I . Englewood City Council Minutes May 15, 1989 -Page 14 • • • AN ORDINANCE VACATING THE RIGHT-OF-WAY FOR THE SOUTH 366.10 FEET OF THE 3400 BLOCK OF SOUTH PENNSYLVANIA STREET IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPA -HOE, STATE OF COLORADO. COUNCIL ltEMEl CLAYTON MOYm, COUNCIL MEMBER KOLTA'f SECONDm, TO APPROVE ON FINAL READIIC ORDINANCE MO. Zl, SERIES OF 1989. Council MMber Hathaway exphined she would be voting in opposition to the closure of South Pennsylvania Street. Vote results : Ayes : Council Members Koltay, Kozacek , Habenicht, Clayton, Van Nays: AbstAin : Absent : Motion carried. Dyke Council KeMber Hathaway None Council Kember Byrne. (d) A recommendation fro. the Depart.ant of Fin ance to adopt 1 resolu - tion awarding the contract for purchase of special asse ss nt bonds for Paving District No. 33 and additionally 1 bill for an ordinanc authorizing the is - suance of those spechl usess.ant bonds wu considered . Director Fr n ldvised Council concerning the bid results . The 1 st 1nd best bidder w th 1n interest r1te of 7.208l was fro. H1nifen l~off, Inc . Ms . Free.an respond - ed to questions concerning costs of the total bid pickage. She rec~ that the bid 1w1rd be approved by p1ss1ge of the resolution. The Resolut ion was 1ss igned and nu.ber 1nd read by title : RESOLUTION NO . 31, SERIES OF 1989 A RESOLUTJ AWARDING TH CONTRACT FOR THE PURCHAS OF SPECIAL ASSES BONOS OF THE CITY OF ENGL , COLOAAOO, IN THE PAl IPAL AMOUNT Of S70S ,OOO FOR PAVING DISTRICT NO . 33 . COIIICIL El HATIWIAY MOY£0, COUNCil fQIEl ltOt.TAY S(CC.O, TO Alfilllln: ltfSOlUTION MO. 31, SERIES Of lilt. A s. Council rs ol ay, Hatha ay , oz c , H ntch , Cl ayton, Van Oy c r B 0 Co • ll . z ttl Englewood City Council Minutes May 15, 1gag -Page 15 Nays: Abshin: Absent: Motion carried. None None Council Member Byrne. • • • (e) Director Fonda presented a recommendation from the Bi -City Wastewa - ter Treat•nt Phnt Supervisory Co111111ttee to adopt a bill for an ordinance approving an agretMnt for a wasteload allocation study and a 111e110randu111 of understanding between the Cities of Englewood, littleton and Glendale and Den - ver Regional Council of Govern~~ents. Council Meaber Habenicht asked the Clerk to read Council Bill No. 27, entitled: A Bill FOR AN ORDINANCE APPROVING AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING AMONG ENGLEWOOD, LITTLETON, GLENDALE, DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND DIVISION OF ADMINISTRATION OF THE COLORADO DEPARTMENT OF HEALTH , PRESENTED BY THE WATER QUALITY CONTROL DIVISION TO PERFORM A WASTELOAO AllOCA -TION STUDY FOR SEGMENT 14 OF THE SOUTH PlATTE RIVER. CCUI:IL MDII£1l HAIEJUCHT MOVED, COUNCIL NOllER CLAYTON SECONDm, COUNCIL IILL NO. 27, SERIES OF 1tag. ~es : Council Me.bers Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None None Nays: Abstain: Absent: Motion carried . Council "'-bar Byrne . (f) Director Fonda presented 1 reco..endatfon fro. the BI -City Wastewa - ter Treat.ent Plant Supervisory Cu..tttee to adopt a resolution approving an ndllent to the contract for engineering design fees In the long Range Master Plan . Mr . Fonda e•plalned that there are additional design costs related to the odor control facflftfes and solids handling . The funds required for this ... ~nt to the contract total Sll8,384 . The Resolution was assigned a nu.-ber and read by title : RE SOL UTION . 32 , SE RI ES 0 1989 C T CT FOR TH c IL • TO APNOYE oltay, Hat ay, 01 c , Ha fc ht , I . Englewood City Council Minutes May 15, 1gag -Page 16 • • • bid of $522,488 .75. The project had been estimated at $806,521 ; Mr . Waggoner reca..ended the award of the bid to Brannan Sand and Gravel Co . COlii:IL lltMER HATHAIIAY MOVED, COUNCIL MEMER KOZACEK SECONDED, TO APPROVE THE liD AMARO FOR CONSTRUCTION OF PAVIN& DISTRICT NO. 33 TO THE LOll BIDDER, IRAN - NAN SAND l &RAVEL COMPANY IN THE AMOUNT OF $522,488.75. Aye s: Council MeMbers Koltay , Hathaway , Kozacek , Haben i cht , Nays : Clayton , Van Dyke None Abstain : None Coun c il Me mber Byrne . Absent : Mot i on carried . 12. City Manager 's Report Mr. Fraser did not have any •atters to bring before Council. 13. City Attorney 's Repor t (a) Mr . DeWitt asked for authority to defend the Ci t y In the Matter of Denver Metro Contractors v Csard as Hungarian Restaurant, e t al. COlii:JL t1EMER HATIWMY NOVtD, COlii:IL ROllER CLAYTON SECCJM)£0, TO AUTHOIUZE Ttl( CITY An...V TO HFDID Ttl( CITY IN THIS MnER . Ayes: Council "--bars koltay, Hathaway, Kozace k, Habenicht, Nays : Abstain : Absent : tion carrttd . Clayton, Van Dyke None None Council r Byrne . (b) Mr . DeWitt advtstd Cou nc 1 that t aay ben cessary to ltttgate with refer nee to lowry liability . Her quested author i ty to brtng suit against th City's for.er and curr nt nsuran ct carriers on the BI -C ity plant . COlll:ll £1 KOZACEK MOVED , COUJICIL CLAYTON SECOIIDO, TO AUT*IZ( SAID llTIIATION . A oltay, Ha y, one . H ntch , ll r (0 to Co on t ut • I . Englewood City Council Minutes May 15, 1989 -Page 17 • • • (iii) Proposed ordinance regarding franchises which would necessitate a Charter a.enO.ent; to be considered at some ti.a in the future. (iv) Copies of a letter to Grant Thornton, from Hill & Robbins, attorneys representing the 8i-City Wastewater Treat.ant Plant. (v) Copies of a letter frOM the U.S. Department of Agriculture. 14. leneral Dtscusston (a) Mayor's Choice Mayor Van Dyke did not have any •atters to bring before Council. (b) Council Me.ber's Choice ( i) CCMKIL JIOIIEl CLAYTON NOVm, CCMKIL MOllO IIATIWIAY SECOM- Dm, TO ACCEPT THE CITY MIIMD'S POLICY OM EMPLOYEE GOLF PIIVILEIES1 FUITIIO, THAT TN( ESTAILISHMOIT MD IMPLEMOifATJOM OF THIS MATTER IE LEn TO TN( DIS -CIETIOM OF TN( CITY MIIMO. ~es : Council "--bars Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None Nays: Abstain : None Council "--bar Byrne . Absent: Notion carried. 15 . AdJ~ CGUIItJL ...U HATIWIAY DID TO ..... The .. ttng adjourned at 1:15 a .•. I . • • '0 - PROCLAIIA"l'IO• ~, by Act of the Cclngress of the Uti ted states dated June 14, 1777, the first official flag of the united States was llll'Jpted; and WHERI:'AS, by Act of Coogress dated Augu5t 3, 1949, June 14 of each year was designated "National Flag Day;" and WHI:RI:AS, Cooqress has requested the President to issue annually a proclamation designating the week in 'otlich June 14 oc:curs as National Flag Week; and ~, the year 1989 will be dedicated to the COIIII!IOOration of the Bicentennial of the united States Congress; and WHERF.AS, Flag Day celebrates our nation's syntlol of unity, a dem:x:racy in a republic, and stands for our oountry' s devotion to f.reedcrcl, to the rule of all, and to ec:ual rights for all; 1, ~. I, SCSM WV. ~. Mayor of the City o! f),glewood, Coloracb, ~r'e'by procla.im JUM 14, 1.919 u f'1A9 o.y in f),glewood and urge all ci izen of Dl<)l o pau.e at 5:00 p.m. ~D'l" on this date for the tenth ual PNJSI! Pat ,_ PLIIXZ c. MLIGDIDl and reci with all icans the Pl o f 1 i our Flag d Na ion. GI\'Df r "'I 5th day of June, 1 89. 8 (a ) I • • • 9 A ~(r PRESENT: ABSENT : OTHERS: BOARD OF CAREER SERVICE COMMISSIONERS May 18, 1989 REGULAR MEETING William Belt, Carla Davidson, Janet Kerztc, JoEllen Turner, Harry M. Fleenor, Jr. None Mary Ann Gregory, Recording Secretary Chairma n Fleenor opened the .. eting . A roll call was taken and a quoru. eshbl fshed. Co..tsstoner Kerzic -aved to approve the •inutes of Mirch 16, 1189 (R.gular Meeting). Commissioner Turner seconded . The .atlon carried. Association 's Choice: Peter Juen ... nn, EEA(AFSCNE President, Officer Gordon M1donna, EP8A President, and Michael Grunlnger, EFFA President were not present . The next order of business was Ci ty Mlnattr 's Cholet . There being no one present fro. the City A~fnlstratlon, no business was brought before the Board . Und r C fsstoner 's Choice, Old Bus lnass, Chilr'lllft Fleenor referred to 1 rand he received fro. the Mlyor . The ...,rand• tnvtttd the loard to att nd Council tudy session and lndtcattd dates of study sessions that .. re a lltble. Mrs . Cr~ory, Secre tary wu tsktd to arrange the seuton fo,. the Car r S r tc Boa d to with City Council. .. I . - • BOARD OF CAREER SERVICE COMMISSIONERS May 18, 1989 -Page Z • • • Under New Business, after review and discussion of the 1989 March and April budgets, the Board accepted the respective budgets. The Board acknowledged and discussed the Caplan and Earnest letter regarding the leydon litigation and the -..orandu. fro. Mayor Van Dyke, concerning Ca..issioner Kerzic's reappoint .. nt. The City Council •inutes and the Roster of Boards and Co..1ssions were received and accepted. There being no unscheduled visitors, the ... ting was adjourned. cha1naan, Harry M. Fleenor, Jr . • • ENGLEWOOD DOWlmJWN DEVELOPMENT AUTHORITY 3535 South Sheraan -Englewood, CO 80110 Members Present: Members Absent: Staff Present: Gues t s/Visitor s: MINUTES April 12, 1989 Bird sall , Close , Coleman, Green, Hathaway, Oxman, Pendleton, Steele, Tomooka Breier, Platou P. Hayes, H. Hiller Dick Hinson, Rich Wanush The Regular Meeting of the Englewood Downtown Development Authority Board of Director 's wa s called to order by Chairman Walt Ta.ooka at 12:10 P·•· Chairman Tomooka noted that since everyone present knew each other introductions were not nee saary . Chainaan Tomooka Re ular Heetins b Hr . Green to by voice vote . a ked fo r a t.ot ion to c.cc ept t . ,J.nu tes from the on •.a rch 0 , 1~&9 . hS . , c ~:1a vny moved , econded accept ti ,·.i nutes . The 110tion pssaed unani•ou 1 The Treasurer's Report was pres nted by Hr . P ndleton who explain d to the Board the paym un I . MINUTES April 12, 1989 Page Two • • • written a letter to maintenance . be made . outlining the EDDA 's responsibilities with regard As soon as the letter is found a decision will New Office Chairman Tomooka spoke with Mr . Jim Tilger at the Firs t Inters t a t e Bank. and was told that we could move anytime after April 1 5 . Mr. Tomooka also noted that the EDDA would also be purchasing some used off ice furniture from F1 rst lntersta te . Chairman Tomooka commented that First Interstate has been more than fair in their dealings with the EDDA , and use of the amphitheatre i s ideal for seminars, etc. He set a moving dat e for April 15 , provided telephones would be arran ed for and schedules could be shifted so as not to interrupt th work w k. H also noted that hi s employees woul d use his com p a n truck to ove the office . DI~ECTOI'S IEPOIT Concerts in Th Plaza 1 updated t h~ Phu. W ~kl nd one night ni con n plann d - MINUTES April 12, 1989 Page Three • • • wi th publicity. Ms. Hayes noted that s he had agreed to design a fl y er a nd she would arrange for the Boy Scouts to distribute them in the area neighborhoods. She also plans to ha ve the flyers ditri buted in the s c hools. Office Typewriter Hs . Hay es noted that B&L Office Systems will a pply all of our l ease pa y-nts towards the price of purchasing the typewriter we now h a ve . The total cos t would be $39 5 .00. This wa s a greeabl e to everyo ne . Bu s ines s Seminars Hs . Haye s note d that s h e will be c o o rd i na ting bu s iness semina r s in c on j unc tion with the Englewood Cha•ber of Comme r ce to be held in the .. phi thea t e r i n ou r new off ice s pace . The first o f these seminars wil l be o n s tress aa n agement. A da t e has not been set . Flood Plain Insu r ance H8 . Hayes had been contact ed by Hr . Fred buf .. n, own er of Kaufasn's Tall and B!g Hen 's Shop, regarding hie flood insuran ce policy. His preaiu wu reduced u • result of the flood improv •nt project . He uked that He. Hs • aake this inforaation available to oth r rchsnu in th district . H • Hayu said she would 1nclud th inforaatton 1n th n xt ditlon of th nal ord, which h ach duled to be distributed Ka 1. Ur ban I newel Authority to r or anla ut, th hat •n ea.,ant A thla point tb rl • • • PLEASE liOn: 'D11!D IIDutD RAft mT IEIIII AHWJtiW. acLIIIOOD DCal'OIIII IIEfELOftiiiiiT AumaiTY JJJJ South laaDoc:lt -ID&levood. co 80110 MIIIJDS Nay 10, 1919 Heabera Present: 111rdaall, Breier, Coli!!Nn, Green, Hathaway, Ox.an, Pendleton, Platou, T~ka Close, Steele Staff Present: P. Hayes, H. Hiller Cueata/V1a1tora: Rich Wanuah The hauler HeeUna of the Enalevood Downtown Develop•ent Authority loarcl of Director's -called to order by Clulln•an Walt T~ko~ at 12:10 p.a., aa Nay 10, 1919. 0\alrun T-ka noted that everyone present kaw each other aad to foreao lntroductlona. 1t vaa !so noted that Dick 11-vaa !Mit la attendance due to hia r cent reatanatlon of Nay ), 1919. Hr. 11-h• accepted a poaitlon at the Clty of 'lllornt... Hr. Wa••h wt 11 ua-the clutlea of Actina Dl r ctor of the UrMia .. HVal Authority (l&A). Hr. Wanuah aalcl that for the ••t part tllle l&A la cloal .. .,_ operations vhll r .olvln& the r ... 1•1• a.lta aa a result of the recle .. ao,..nt projects . Chalrun T ..... a ulr.ed for a •Uon to ace pt the Kinut a fr .. th lqular MnU• on April 12, 1919. Hr. Cr en ... d, a conded by Hr. 0... to accept the Hinut... 1b •tlon paa eel unanlaoualy by wolca wota. 1b 1'U1aurar'a .. port vea praaant d by Hr. Pendleton, who aut d that all of t corr tloM had beeo IN4e 1nd •,endltur • and r er on ltne for thta t of y ar. Kr. Plat • d, cond Mr. Cr •· to appro th Tr.aaurer'a I port of r h 31, 19 9. Uon paaN4 11111ant ualy by voice vot • rr to , H1y 1 f r •• " t1 or 9 B I . • • ,. • EDDA Parking Lot Ch~iraan Tomooka askeri that everyone turn their attention to the letter dated April 15, 1981, from former Mayor Eugene Otis to Barbara Holthaus, Chalr.an of EDDA at that time. Chairman Tomooka noted that he spoke with Joe Pllzga in hopes that an agreement could be made as to vho is ultimately responsible for maintaining the parking lot (corner of South Lincoln and East Hampden). It was felt that the letter was SOIM!what vague, but, Hr. Wanush noted that he felt that were this letter to have been directed to him he would have interpreted it as clearly stating that the City of Englewood is responsible for repairs. Hs. Dietrich, as well as former Mayor Otis had been contacted reg.arding this agreement. There was considerable discussion regard1"8 the re~~aining loan to Hr. Litvak Sachter. It was decided that Chair.an Tomooka was to contact Hr. Sachter regarding the payoff a110unt. The ED!lo\ in turn would deed the parking lot over to th City of Englewood. It was the genero:l feeling of the Board that agreein& to pay uintenance/repair coats could set a precedence in the futur • DIRICTOI'S RIPOIT South ~tro Denver Ch .. ber of C~rc -~conoalc Croup Ha. Uay th opportunity to t with not. to renew EDDA' a ••berahip Havin h~ thls opportunity, The croup is to I . • • • with a fifty piece orchestra. It vas also ..entioned that the public should be encouraged to use the parking lot on 3400 South Acoma. This will be noted on the flyers and the posters. Independence Fair: Ms. Kayes explained the KOOL-105 pr0110t1on {which Ha. Hayes explained 1a totally up to the •rchants). the possiblity of .. tching funds with the •rchants for advertising before the event. and the list of sponsors for the two-day fair. He. Hayes noted that she had been approached regarding donations for fireworka for the 4th of July. She explained that when she beJan puttina toaether the Fair the Jaycees were going to handle that pra.otion. Since that ti• the Jaycees have te.porarily postponed their firework project until further notice. Open House He. Bayes lDYited all the loard He.bera as well as all of the •rchanta in the district. and City !llployeea to an Open Bouae. May 13. 1989 fra. 4:30 p.a. to 7:30 p.a. at our new offices. ~ Ms. Bayea aoted that Firat Chiropractic had contacted her akin& for aaaiataece in their annual food drive vbicb will culaiaate in tbe Plaaa. He. Bayes nplaia.d to the loard that she offered to help as far as dlr c:tlna th• to contact people. but !DM did not have t staff avatlabla to aet actively involved ln the project. M ther P·•· no further bualMaa the Mett. w a adjourned at I : 18 I • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY May 17, 1989 The regular .. eting of tht Englewood Liquor Licensing Authority was called to order by Chair.an Styes at 7:34 p.•. Present: Waddell, Mclaughlin, Board•an, Lunders, Styes Absent: None Also present: Assistant City Attorney Gri .. Deputy City Clerk Ellis A quoru. was present. • • • • • MOllER IOMIIWt ti>YEO, MEMBER MCLAUGHLIN SECONDED, TO APPROVE THE TELEPHONE POLL, WHICH WILL BE AMENDED TO INCLUDE THE TELEPHONE POLL CONDUCTED BY CHAIIIN DONALD STYES RE&A.RDINii ARAP'S OLD ~ SHOP EATINCi l DIUNI(JN, 3166 SOUTH IROADVAY. Ayes: Waddell , Mclaughlin, Boa~n. Lunders, Styes Nays: None Motion carrttd. • • • • • t0B£R MCLAUCHliN MOVm, tOlER IOARIMM SECOII)(D, TO ROO TH£ 3.ZI I([R Off·NOIISE LICDCSE Of 7-£L£YEN, 3501 SOUTH LCUM. Ayes: Waddell, Mclaughlin, BoarO.an, Lunders, Styes Nays: NoM Motion carritd. • •••• R IOMOMM MOVED, R MCLAUGHLIN SECOMO£D, TO APPIIOVE THE~ 'S RECISTRATIC* FOI 'AUl MOREV CA11DE Of RCQI) TH COMER, 701 ST tWI'OOI Ayes : w n. la l1n, lo n, lu rs, Sty 1 t I carr tel . • •••• tv • l r En ol"C n 0 • • • • • I • - • • • • Assistant City Attorney Gri .. noted that the Authority's request for the power to impose a fine in lieu of suspension or revocation would be presented to the City Council as a proposed ordinance. Council Member Hathaway was present and noted that Council had received the draft at Monday night's .. eting, May 15, 1989. • • • • • Deputy City Clerk Ellis advised the Authority of pending •atters. * * * • * CHAIRMAN STYES OPENED THE HEARING TO CONSIDER THE ISSUANCE OF A SPECIAL EVENTS PERMIT TO THE GREATER ENGLEWOOD CHAMBER OF COMMERCE FOR THE "FIRST ANNUAL ENGLEWOOD INDEPENDENCE FAIR" SCHEDULED FOR JULY 1 AND 2, 1989; RAIN DAYS JULY 8 AND 9, 1989 . Pollyanna Hayes , EDOA Executive Director and Events Manager, was present representing the Greater Englewood Cha.ber of Ca..erce . Ms . Hayes explained the project and responded to quest ions regarding the control of salt and consu.ption of the alcoholic beverages . She noted that they would be serving wine coolers and "repealed" beer . One officer fra. the Englewood Police Otpart.ent ~l d be .ani tori ng the area wi th the ass i stance of two or three Explorers . Ms. Hayes noted that all the i r volunteers would be fra. the ChUiber of Co..erce and would be tra i ned through an or i entat i on progr• conducted by a Coo r s repre sentat i ve . She stated tha t once an i nd i vidual is carded hh or he r hand would be stlllped (the Saturday sta.p and Sunday stiiiP befng di ffere nt ). Ms . Hayes responded to quest i ons fra. the Author i ty . Rfta Hathaway , Council ....,.r, expla i ned she had been i nvolved f n the "Englewood Rendezvous• whfch was held tn Auvust 1111. Ms . Hath~Way stated that a polfct off i cer and the Explorers had kept things under control at that event, wh ich wou l d be the s ... arra..-nt for sec ur i ty dur i ng the fair . OttMity Cit y Clert. Ellfs t ftttred f nto t he rec ord ev i denc e of the po st i ng of the property as required by State St at ut e . C ha f ~n St y s ~ red ff anyone presen t wfshed t o spe ak t n opposi t i on of ~ i ssuance of l S cf al Even t s Per. t . No one c ... forwa rd. Deputy C ty Cl r Ell s slated that t re had been no protests ftled with t City Cl ert's off c ln retard tot Speci al [vents Ptr.it applfc atfon . ER P(CJA ER £C 0 TO APfltiO¥ TH IS Of Tit A 1 : 11, "· , Lu r • t -s : on nrrt 1 ar1 c1o • • • • . ' . I . . • • • • Mr. Grimm addressed the Authority regarding Arap's Old Gun Shop Eatin l Drinkin, 3866 South Broadway. He asked if the Authority would be willing to reca.mend that the portion of the punish .. nt held in abeyance (approxi•ately five MOnths) be eli•inated fro. the original order of July 1, 1987. The reason for this request was to take advantage of an offer of Arap's attorney to settle the case by withdrawing his appeal fro. the Court of Appeals. The City's advantage would be the savings of .aney to defend against the appeal. Discussion ensued. MEMBER BOARDMAN MOVED, MEMBER MCLAUGHliN SECONDED, THAT THEY PROCEED WITH THE ORIGINAl DECISION IN THE CASE CONCERNING ARAP'S. Ayes: Mclaughlin, Board.an, lunders, Styes Nays: Waddell Motion carried. * * * * * The .. eting adjourned at 8:45 p.•. .. • 3 • I . -• • • ENGLEWOOD LIQUOR LICENSING AUTHORITY TELEPHONE POLL RESULTS IN LIEU OF REGULAR MEETING OF MAY 3, 1989 On May 3, 1989, the members of the Liquor Licensing Authority were polled by the Deputy City Clerk concerning items listed on the May 3, 1989 agenda with the following results: 1(a) T e 1 ephone Po 11 Ayes: Nays: Abstain: T e 1 ephone Po 11 in lieu of regular meeting April Waddell, Mclaughlin, Boardman, None None approved. 2 Renewals : (a) Magnet Inn 2893 South Broadway (b) Al 's Liquors 1090 West Ha.pden Avenue 19, 1989: lunders, Styes Ayes : Waddell, Mclaughl in, Board ma n, Lunders , Styes Nays : None Abstain : None Renewal s approved . l(a) Findings of Fact, Conclusions, and Order Show Cause Hearing Apr il S, 1919 Oia.ond Sh.-rotk 4500 South Broadway: Ayes : Waddell , Mclaughlin, Boardman, lunders, Styes Nays : None Abstain : None F I nd i ng s approved . .rrt: T Telephone Poll was approved by the liquor Uctfls ng Authority on y 17, 1919 with the following inclusion requested by Chai~n Styes : n , lu r • I . - • • • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY TELEPHONE POLL RESULTS IN LIEU OF REGULAR MEETING OF APRIL 19, 1989 Or. April 19, 1989, the -..bers of the Liquor Licensing Authority were polled by the Deputy City Clerk concerning ite.s listed on the April 19, 1989 agenda with the following results: 1(a) Minutes of regular .. eting of April 5, 1989: Ayes: Waddell, Mclaughlin, Lunders, Styes Nays: None Abstain: None Unable to Contact: Boa~an Minutes approved. Z Approval of the following renewals: (a) 7-Eleven 3900 South Broadway (b) Englenook 3484 South Broadway (c) Mtni Mart 4696 South Federal Boulevard (d) Sport Bowl 3295 South Broadway A,es : Mays : Abstain : Unable to contact: ...._.h approved. Waddell, Mclaughlin, lunders, Styes None !lone loardun 3(a) ltecehed appltcatton for Special he~~ts ,.,.tt froe the lireater . [ftllwood Ch r of e-re•, 701 tlest Hallpdeft li ·34. Approval of May 17, 1119, 1:00 p.a . for Mlartftg date . A,es : Wadde ll, Mclaughlin, lunclers, Styes Mays : Abshtn : • Unabl t cont ct: Approved • • • • Englewood Parks and Recreation Commission Minutes of May 11, 1989 The regular .anthly .eating of the Englewood Parks and Recreation Ca..ission was called to order at 5:34 p.•. by Chair.an Neyer at the Englewood Public library Conference Roo.. "'-bers present: Braucht, Clayton (entered at 7:05p.M.), Gomes, Hathaway, Neyer, R ... low, Wiggins, Winkle, ex officio "'-bers absent: ArMstrong, Kozacek Also present: Kells Waggoner, Director of Public Works Chair.an Neyer asked if there were any additions or corrections to the •inutes of April 13, 1989 . Youth Ca..issioner Hathaway stated that he would like to have indicated in the •inutes that he .. de an inquiry concerning the Ca..ission's request that Parks Supt . Kavinsky attend the Ca..ission .. etings. A .ation was lUCie and seconded that the •inutes be approved as a .. nded. The .ation passed unani.ously. Director Winkle reviewed so.e changes that were .. de by City Council to the Policy on EMployee Golf Privileges, copies included in the Ca..ission's packets. Winkle stated that the revised policy went into effect May 3 upon the direction of City Man191r Fraser. Golf Pro Mark Kindahl will be providing data regarding ca.pli..ntary golf usage to Director Winkle on a quarterly bash. Youth Ca..hsioner Hathaway inquired about the nllllber of golf cours e.ployees that would be eligible for ca.pli..ntary golf for the season and the length of the phying season. Directors WiftOMr and Winkle stated that inc 1 ud I ng go 1f .. i ntlftuce lftd pro se.o, personM 1 , there are seven fu 11 t I (two of Which are c011tractual) lftd approxl .. tely 3Z part tt• staff llltlbers with a playlft9 season of approxi•tely nine .onths per year . Th re was s dlscussiOII retarding ca.pli..ntary play for ..,loyees of the restaurant concessl011 . C lssloner Wiggins theft -.de a -otton, seconded by Ca..lsslon r lraucht, to acc~t~t t ~1 cy 011 EMployee Golf Prtvtleges . T -otton passed with one opposing vote frc. Youth C tssloner Hathaway . Hath 11 stated favors the orlg nal policy for loyee golf privileges that set up by th sub ·c tt appoh1t by t C Iuton lftd does not bel v t Ctty u obl gat to provl a r t of t t type to loyees • • t • 9 D • • • and Golf Supt. lee that the condition of the present fleet of golf carts is good and that it is not necessary at this time to replace any of the carts. Com.issioner Kozacek, at a previous ~eeting, asked about the cost of putting tops on the carts. Director Waggoner stated that each top would cost approxi•ately $600. Discussion ensued. Director Winkle reviewed infonaation for .anitoring cart usage and da•ages and a golf course patron evaluation fon. that is being implemented. Winkle stated that if com~ents are received in the evaluation process with regard to tops for the carts, it .. Y be necessary to check further into the •atter. With regard to a contract with Urban Edges for construction of Oxford Park, Director Waggoner reported that the Corp of Engineers at a recent ~eeting expressed a willingness to revise the portion of the contract to include the list of facilities that are fundable outside of the flood boundary. Waggoner stated that Urban Edges is ready to pursue the project and has asked that City Council adopt the revised contract. Waggoner stated that Urban Edges hopes to ratse all the City's 501 portion of the funds necessary for the project, and the Corp will provide 501 funding. Waggoner stated that .. intenance expenses will be approxi .. tely $8,000 per year with no irrigation and active restroo.s added. Waggoner stated that it would be staff 's reca..endation to use natural grasses to eli•inate the need for a sprinkler syst .. and to use low .. intenance ch .. ical toilet facilities . Following a brief discussion, Youth Ca..issioner Hathaway .. de a .ation, seconded by Ca..issioner &o.ts, to ~a..end that City Council approve the revised contract with Urban Edges for construction of Oxford Park. The MOtion passed unani.ausly. Under Di~tor 's Choice, Director Winkle reported that City Council •ade an a .. na.tnt to staff's reca..endation for a revised su..er Playground Progra regarding non -resident fees . Winkle stated that Council felt the non -res i dent fH should be reflective of the general .. rket fHs, and th refore, the stand ard Playground Protr• non -resideftt fH wu increased fro. S32 to S40 per k. The extended Planround Protr• non -resident f wa s increased fro. SSO to S60 per k . I . • • • changed to a quarterly distribution starting in the Fall, 1989, rather than yearly. For Co..ission's infon.ation, Director Winkle reported that City Hall re.odeling plans have been approved by Council to acco..odate the reorganization of City depart.ents, and c~letion is expected by the end of 1989. Also, Director Winkle reported that Council will be determining some long range goals for the City as a result of an all day planning workshop and she will report the final list of goals to the Coa.ission at a later date. Under Co..issioner's Choice, Co..issioner Go.es asked about horse shoe pits at various park locations and was infonled that there are facilities at Belleview and Cushing Parks and at the Southwest Greenbelt. Co..issioner Gales stated that Council ~r Byrne has inquired about the possibility of having a concession cart at Belleview Park for tournaments, etc. with a percentage going to the City. Staff will investigate some possibilities to present for Co..ission's consideration. Co..issioner Gales asked about the status of infonaation requested at the last Co..ission .. eting by Co..issioner Clayton regarding boating perMits for Centennial lake. Director W199oner stated that aany area districts have closed their saaller lakes due to liability Insurance expenses. He stated that staff is investigating possibilities and wtll aake a reco..endation at a later date. Co..issioner Gales expressed his dissatisfaction regarding the ongoing probl .. of tennis court lights burning when no one is using the courts due to the tt .. r switches being activated by passersby. Discussion ensued . Director W199oner stated he will look Into a .otion sensor light control. Youth Co..tssioner Katheway asked about the nature of current aaintenance activity on little Dry Creek . Director Waggofter stated that so.. concrete on the path ts bttnt replaced at Shen.an St. that was broken last year . Also, he stated that the btke path elevation ts being increased to alleviate the probl .. of silt washing over the tratl. Director Waggoner stated that there ts a water level sensor n th channel just East of lro ich was being set off kids built a d across the channel . T s or ld then send an iftdlcation of htgh water and the d .ould bettn deOattng . Waggoner stated that Urban Drainage will grout the rip rap in pl e to p vent t building of d in th futur , and th tn or is being ra o all n tt onal t r t o ater d pth . C tsst r Clayt a 7:0 p •• "" w1th id pl y ng arou tf a patrol of th 1 ar a can c , I . • • • Co..issioner Wiggins reported that there is a problem with ~lcohol and narcotics at Belleview Park. He has reported the probl .. to South Metro Drug Enforc ... nt but has received little response. Wiggins stated he believes the narcotics are being stashed at the park and asked that the Parks Department .. ke contact with this agency and request that a narcotics dog be brought in to locate the drug stash. The .. t1ng was adjounMid at 7:15 P·•· Ltftda Wtlks, Record t ng Secretary • • • • • • • ~ Engle w ood Publi .34 00 S £1 •1 1 Sl • E n q 1 ~w ood, CO 801 1 0 (.30~·761 -4 76) MINUTES Englewood Public Library Board May 9, 1989 The regular aeeting of the Englewood Public Library Board waa called to order by Chairaan Al Quaintance at 7:29 p.a. PRESENT: REGRETS: ALSO PRESENT: Al Quaintance, John Peteraon, John Gray, Virginia Johnaon, Joe Rathburn, Dorothy Totton Larilyn Aahlock, Mary Dounay, Bev Siaon, Alex Habenicht (Council Repreaentative) Sharon Winkle, Director of Library and Recreation Servicea, Donna Gottberg, Recording Secretary Roll call vaa taken and a quorua declared preaent. There were no acheduled or unacheduled viaitora. "r. Quaintance turned the ... tin; over to Sharon Winkle for the Director•• Re rt. Ma. Winkle ••ked -..bare preaent to ca.plete a pret .. t adainiatration of a eurvey developed by tbe Planning Ca.-itt ... Other groupe will alao pret .. t the aurvey . She pre .. nted backqrOUnd r.,-arding deve lop.ent of thie aurvey. Tbe eurvey wUl adainie ered o Englewood r•aid•nte who ua• th• Library, to lp plan tor ngl "rvi •· Th 1oo le ill ve ... ,-...... •urvey to il rd t 1 o i • p~ to Die in Library pllbUc u •r y, y 22 troe o 1 1 p.a. vtzvin hr 0 n nd Joh,n t on o h o volun 9 E I • • • • Ms. Winkle reminded all Board meabera of the all day Planning Workshop on Wednesday, June 21, 1989 with both staff and Board in attendance. The meeting will be held at the golf course meeting room. Refreahaenta and lunch will be served. Ms. Winkle gave a brief background on the planning project fro• ita beginning. Ms. Winkle will need a definite answer on attendance for the workshop by the next Board aeeting. Ms. Winkle qave a preliainary report on the VIP (Volunteer Inforaation Provision) Proqraa which took place during the tax season. There will be an evaluation session with the 7 participants in the proqraa at 5 p.a on Kay 24th. There was a preliainary evaluation of the Sunday services. There ••••• to be a steady voluae of patrons using the services with no particular pattern developinq. Director's Choice so-of the responses to reqarding the Bookaobile Section of the Library. Englewood Schools. Council .. n Clayton's survey question have been posted in the Children's These are fro• children attending Council .. n Clayton has expressed a aeries of concerns reqarding the Library's planning process. Mr. Clayton stated he felt the Board was excluded fro• participation in the planning. Ka. Winkle asked the Board ita feelings on this .. tter. The Board felt they were well-represented by Mr. Quaintance and xa. Totton on the Library Plannirt9 Co.aittee. Ms. Winkle baa -nt a ...o to Mr. Fraser listing alternatives which .. y address Mr. Clayton's concerns. Chain n•a rt A tar acuaa it was decided that the Board would boat an Open Forua at ita J une ... tin; in order to solicit input reqard i ng Library -rvi s prior to tbe acbeduled Board PlannincJ Workshop. An abbrev i ated Library Board ... ti1"19 will beqin at 6:30 P·•· on J une 1 3 a nd tbe Open rorua will beqin at 7s30 P·•· Inv ta iona will be n to Council ra, ity insti t u t i on. and orv n aat i ona , and idents . Plyera will be avail bl t h e Libra ry n4 100 ile to i nfora the qeneral publ Ope n Fo Fo • ner 1 I • ( • • •' • Joe Rathburn ran into Bruce Hoque (foraer Board aeaber) and noted that Mr. Hoque will be going to New Zealand •• part of a teacher exchange prograa. The Board ••ked that a card congratulating Bruce on hi• teaching achiev .. ent be ••nt. John Gray want to aake Council aware of the re•pon•ibilitiea of Board -..bar•, eapecially aa they concern planning for Library •ervice•. Dorothy totton enjoya her part in the planning proce•• and noted that it taka• a lot of tiae and effort on the part of all involved. There were no coaaittee reporta. Tbe statiatical Report for April vaa briefly diacu•aed. 118. Totton va• abaent froa the ... ting of April 11, ltlt. Tbia abould have been noted in the Meting ainutea . lt-13 MOTIO.z Tbat the Minute• froa the Meting of April 11, 1919 bi accejtid, aa AMnded. Moved byz John Petenon Seconded by 1 Joe Rathburn llotion carried. Meeting adjourned at tzoo p .a. 5/11/lt ., I . - ( • • • ~ Engle w ood Public Library SELECTED STATISTICS CIRCULATION Ce ntral Library (inc. in-house) 8oo0obile In-house u se (Main ) DAYS OF SERVICE (Mai n) (BKM ) AVERAGE DAILY CIRCULATIO (Main ) (BKM ) (Main) (804) A\'ERAG · DAILY TRAFFIC CT. (Main ) (BKM) ina tna•• April 1989 21,054 9,217 2 ,197 30 21 702 439 23 ,289 8 , 14 776 420 1,555 635 s 7 2SA 3, (18,61 0)* ( 7,788) 26) ) ( 1,015 ) ( ) (22 ,4 70) ( ) ~) ) I ,574) ( ( ( l . ( 546 ) 7) 17 ) I TOt L: PU 7 1'{1! ) 1 r n > T.o.:-t::r.Mr:;-;:t tt • • • IOO,llle.nil -········-···- TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: TOTAL: TOT L: L: 2 ,074 1 ,141 32,103 1,196 20 , 31 2,1 41 l ttt (26 ,398) (20 ,033) ( 2,120) ( 63) I . • tl • • • -2-LIBRARY SPONSORED PROGRAMS AT CENTRAL LIBRARY NUMBER Children's Dept. Story Times 4 9) Class visits to Library 3 5) Special Progrus 1 6) LIBRARY BOARD MEETINGS 1) MEETING ROOM lfiE BY OlllER GROUPS 57 57) LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Children 1s De£le BKM story t s BKM Librarian's visits to classes £Pt class uisits S~~. r;,...,'J ,_.,.,, NLW Prograas 1989 Wall Display (Main) Letters fro• Maddox 8 ( 5) 26 ( 28) 3 ( 21) ( 9) CU RRENT ACTIVE REGISTRATIONS VOLUMES IN COLLECTIO 19,458 (14,414 ) 104,564 (102,757) LIB RARY MATERIALS Books Records Casse tt s Microfil• ideocassettes Co!lp&c t Discs DISBURSEIENTS Deposited with Ci ty Trea ur r's 0 f e REFENU S Late Return Charge Copyvend Donor's Fund A t. I 1411 fb4b61 144741 (r und) Lo n (ILL) 4 2 pl"tl 1 VOLIN:S ADDED 486 (551) ( ) 2 ( 4 2) 1 ( 13) 9 ( 43 ) 5 ( 4 ) S2,463.U ATTENDANCE 79 36 30 9 671 143 675 335 ( 94) (111) (693) ( 10) (4 72) ( 80) (991) (5 17) (1505) VOLUMES WITHDRAW 35 ( 60) ( 1) 6 ( 5) (S ,176. 6) ( 1,21 .62) ( 39 .65) ( 402.4 ) ( 413. ) ( • 2S) ( ) ( 24. ) ( ) ( ) ( ) • I . • ORDINANCE NO. SERIES OF 1989-- • • • BY AUTHORITY COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $7 05, 000 OF THE CITY OF ENGLEWOoD, COLORADO, FOR PAVING DISTRICT NO. 33; PRESCRIBING THE FORM OF THE BONOS, AND PROVIDING FOR THE PAYMENT OF THE BONOS AND THE INTEREST THEREON. WHEREAs, the City Council of the City of EnglewOOd, Colorado (the "City"), haa, by Ordinance No. 36, Seriea of 1911, finally pasaed and adopted on Noveaber 21, 1911, created Paving District No. 33, (the "District") within the City, for the purpose of constructing and installing street paving, curb and gutter and sidewalk i•prov .. ents, together with necessary incidentals on certain streets in the City; and WHEREAS, Notice to Contractors to subait bida for the conatruction of the iaprove .. nts in the' Diatrict haa been advertised and bids for auch conatruction have been received: and WHEREAs, the City Council has deterained that apeeial assess ent bonda of the City for the District ahould be iaaued in the aaount of $70S, 000 for the PAY..nt of part ot auch conatruction cost, and WHDEAS, in aeeorcsance With reaolution pass April l, adver i a..:l f o r o t 170 Inc., 0 the Ci y Cba ar and a the C:i y CotaneJ.l haa o tt 0 ex 0 9 ( f} I • • • Section 1. Authorization and Bond Details. By virtue of and pursuant to the City Charter and the procedurm Ordinance of the City relating to local improvement districts (Title 11, Chapter 2 of the Municipal Code), Special Assessment Bonds of the City for Paving District No. 33, (the "Bonds•) shall be issued for the purpose of paying part of the costa of local improve•enta to be constructed and installed in the District. The Bonds shall be in the principal amount of $705,000, dated July 1, 1989, and be in the denoaination of $5,000 each. The Bonds shall be issued only as fully recJistered bonds without coupons and shall be due and payable on August 1 , 2000, subject to prior rede•ption in accordance with Section 3 hereof. The Bonds shall bear interest payable semiannually on February 1 and August 1 each year, co ... ncinq February 1, 1990, as follows: Aaount Uco,ooo 120,000 105,000 70,000 70,000 50,000 5 0,000 Initial Bond NWibers 1 through 41 49 through 72 73 through 93 u through 107 101 through 121 122 through 131 132 through lU Interest Rate '·'" 6.90 7.00 7 .00 7.00 7.05 7 .10 The aax aua net effec t i ve interest rate authorized for thi s issue ot Bond s shall be 12 . oot per annu.. The a c tual net effe ctive i nteres t r ate i s 7.2 0 it per a nnu•. Section 2. Pa Y!M nt o f Bond s ; Pax i r!9 Ag e nt a nd Bond Th e Principel of the Bonds is peya ble in lawful money Uni ed s atea ot rica to the recJistered owner ot eac:h y or prior rede p ion and presen a ion at the of The Ph·a National hnlt of EnglewOOd, in do, or i s aueeesaor, aa peyinq ( e ndinc; anythilWJ er a on any Bond nd ia r 9ia ered, a his he I aa it I • • • • • appears on the registration books maintained by or on behalf of the City by The First National Bank of Englewood, in Englewood, Colorado, or its successor, as Bond Registrar (the "Bond Registrar"), at the close of business on the fifteenth (15th) day of the calendar month next preceding each interest payment date (the "Record Date"), irrespective of any transfer of such Bond subsequent to such Record Date and prior to such interest payaent date. Such payaent shall be paid by check or draft of the Paying Agent aailed on or before the interest payaent date to such registered owner. If the date for aaking any payaent or perforaing any action hereunder shall be a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to reaain closed, such payaent aay be aade or act perforaed on the next succeeding day which is not a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to reaain closed. The principal of and interest on th' Bonds shall be paid in accordance with the teras o .f a •paying Agent and Registrar Agre ... nt• between the City and the Paying Agent/Bond Registrar. Section l. Prior Redeaption. The Bonds are subject to call and prior payaent on any interest payaent date (whether aoneys for such call or prior payaent are derived froa assessaents which have been paid or are proceeds of bonds which aay be issued to refund the Bonds), in direct nuaerical order, upon payaent of par and accrued interest. No of such prior rede p ion will be given by he lond ~eg s rar lUng copy of he redeap 1on no ce by firs cl ss il ( e prepaid) no less th n thirty (30) d ys nor aore O) days prior o the da • f ¥ed for r de p ion, n r ot lond to be r d d a he addr inta ned by or on behal o y Failure g ve such no c I • • • • • therein, shall not affect the validity of any proceedinq for the redeaption of other Bonds as to which no such failure or defect exists. All Bonds so called for rede111ption will cease to bear interest after the specified redeaption date, provided funds for their redeaption are on deposit at the place of pay.ent at that u-. section 4 • FoB and Execution of Bonds. The Bonds shall be aiqned with the facaiaile or aanual aiqnature of the Mayor, sealed with a facaiaile or aanual iapression of the seal of the City, attested with the facaiaile or aanual siqnature of the City Clerk, and counteraiqned with the facaiaile or aanual siqnature of the Director of Finance. Should any officer whose facsiaile or aanual siqnature appears on the Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsiaile or aanual siqnature shall nevertheless be valid and sufficient for all purposes. The Bond• aay contain a reproduction of the opinion of nationally recoqnhed aunicipal bond counsel as to the Bonds and a certification of •uch opinion by the City Cle~k of the City. The Bonds shall be in substantially the followinq foB: I • • - • No. R-__ _ • • • [Form of Bond] [Front of Bond] UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD $5,000 PAVING DISTRICT NO. 33, SPECIAL ASSESSMENT BOND ORIGINAL INTEREST RATE MATURITY DATE ISSUE DATE AUGUST 1, 2000 JULY 1, 1989 REGISTERED OWNER: PRINCIPAL AMOUNT: FIVE THOUSAND DOLLARS The City of En9levood, Arapahoe county, Colorado, for value received, hereby proal••• to pay out of the apecial fund hereinafter deai9nated, but not otherviae, to the re9iatered ovner na .. d above, or r~iatered aaai9na, on the aaturity date apecified above, the principal aaount apecified above.' In like aanner the City proal"• to pay intereat on auch principal aaount (coaputed on the baaia of a 360-day year of tvelve 30-day aontha) froa the intereat payaent date next precedi"9 the date of r~iatration and authentication of th1• Bond, unleaa thia Bond ia r~htered and authenticated prior to February 1, 1990, in vhic.h event t.hia Bond shall bear inter••t fro• annu •pee fled above. • lly on r ry r July 1, 1919, at the intereat rate per Inter• t on th a Bond 1• payable 1 and ~ 1 ch y inc, .s.. "' i • cc • • • Payment o~ each installment o~ interest shall be made to the registered owner hereo~ whose name shall appear on the registration books o~ the City maintained by or on behalf of the City by The First National Bank of Englewood, in Englewood, Colorado, or its successor, as Bond Re9istrar, at the close of business on the fifteenth (15th) day of the calendar aonth next precedin9 each interest payaent date (the •Record Date•), and shall be paid by check or draft of the Payin9 A9ent aailed on or before the interest payment date to such re9istered owner at his address as it appears on such r8(Jistration books. If the date for aakinv any payaent or perforai"CJ any action shall be a 18(Jal holiday or a day on which the principal office of the PayincJ A(Jent or Bond R8(Jistrar is authorized or required by law to reaain closed, such payaent aay be aade or act performed on the next succeedin9 day which is not a 18(Jal holiday or a day on which the principal office of the Payinv A9ent or lond R8(Jistrar is authori&ed or required by law to r ... in closed. Bonds of this issue, ot which this Bond is one, are subject to call and prior payaent on any int.erest payaent date (whether -.oneys for such call and prior payaent are derived free asses ... nts which have bean paid or are proc ads of bonds which aay be issued to refund aa d Bonde), in direct nWMtrical order, upon pa)'11ent of par and accru in ereat. Notice of prior red ion shall be 9iven by 11 nv a copy or , no leas 1 y ()0) I . - • • • • • SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. This Bond shall not be valid or becoae obligatory for any purpose or be entitled to any security or benefit under the authorizinq Bond Ordinance until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN TESTIMONY WHEREOF, the City Council of the City of Enqlewood, Colorado, has caused this Bond to be executed in its na .. with the facsiaile signature of the Mayor, sealed with a facsiaile of the City seal, attested with the facsiaile si9nature of the City Clerk, and countersigned with the facsiaile si9nature of the Director of Finance, all as of the 1st day of July, 1989. (FACSIMILE S E A L ) ATTESTED: By: ____ ~(F~a~c~sr.i~a~i~l~e~S~i~q~na:t~u=r~e~)~-- clty Clerk CITY OF ENGLEWOOD, ARAPAHOE COUNTY I COLORADO By: ____ ~{~F=a=c=s~i=•~i~l=e_s~i9an~a~t~u=r~e~)L-__ Mayor ay: ____ .CF~arc~s~i~a~i~l~e~s~i~qna~=tu:r~e~)L-_ Director of rr-nance (For. of aond Regiatrar'• certificate of Authentication) CERTIFICATE OF AU"l'HENTICATION fth ltond 1a one of the Bonds of the issue described in the within .. ntioned lond Ordinance. Date of la ration and Authentlca lon : The Firat Na ional lan of £n9levood. En;lewood, Color do, aa Bond Registrar -, - I . • • • [Back of Bond] ADDITIONAL PROVISIONS This Bond ia one of a series aqqraqatinq Seven Hundred Five Thousand Dollars ($705, 000) par value, all of like data, principal aaount, aaturity data, tenor, and affect except aa to nuabar and interest rata, issued by the City of Enqlawood, in the County of Arapahoe and State of Colorado, for the purpose of payinq part of the coats of constructinq and installin9 street pavinq, curb and quttar and sidewalk iaprovaaanta, together with necessary incidentals, in Pavin9 District No. 33, in the City of Enqlawood, Colorado. The Bond is issued under the authority of the City Charter, the procedure Ordinance of the City relatinq to local iaprov ... nt districts adopted purs uant to the City Charter (Ti tle 11, Chapter 2 of the Muni c ipal Code) and the Ordinance authorhin9 the issuance of Bonds of the Ci ty duly adopted, approved, published and aade a law of said Ci ty prior to the issuance hereof. Pursuant to Title 11, Chapter 2 of the Municipal Code, such recital shall conclusively iapart ~ull coapliance vith all of the provisions thereof, and all bonda issued containinq suc h recital shall be incontestable for any cause whatsoever after the i r delivery for value. It i s hereby recited, certified, and wa r ranted that all of the requ i re-nt a of law have been fully coaplled wi th by the pro per o ffi c ers i n b au i nq thia Bond. Payaent o f thia Bo nd a nd the intereat the reon aball be aade f ro., a nd aa security for such payaent there is p ledcJed , a •~ial fWMt des vnated aa •PavincJ District tlo. 33 Bond a nd In ea runeS•, hich nd ah 11 con a n ni ially ny .oneya in c ion accoun r n "9 at ar ha coat of 1 prov nta n full and thereat er o con a n th a froa levied prope ty and by he Of Th con 9 n -. - I • • • • each lot or tract of land in the respective amounts to ba apportioned by an ordinance of the City. Pursuant to the City Charter, and the Ordinance authorizing the issuance of this Bond, whenever four-fifths (4/5) of the Bonds of this issue have been paid and cancelled, and for any reason the remaining assessments are not paid in time to taka up the final Bonds and interest thereon, than the City shall pay said Bonds when due and interest due thereon and reiabursa itself by collecting the unpaid assass•ents due the District. It is hereby certified and recited that the total issue of Bonds of the City for the District, including this Bond, does not exceed the a•ount authorized by law: that avery requira•ant of law relating to the creation of Paving District No. 33, the construction of said local i•prove•ents, and the issuance of this Bond has bean fully co•plied with by the proper officers of the City, and that all conditions required to exist and things required to be dona precedent to and i n the issuance of this Bond to render the sa .. lawful and valid, have happened, bean properly dona and perfo~, and did exist in r89Ular. and due ti .. , for11, and .. nnar, as required by law. This Bond does not constitute a debt or an indabtacln-s of the City of Englewood with in the .. anl:ng of the City Charter, or any constitutional or statutory U•itat1on or provision, and shall not be considered or held o be a general obligation of the City. The p&)"'Mnt of this IoneS ancS a interest thereon is not or other pledge of property ndO of 1 fo 0 coll n • I • • • installation of improvements, and take all necessary action to collect any assessments that are in default. The City and Bond Registrar shall not be required to issue or transfer any Bonds: (a) during a period beginning at the close of business on the Record Date and ending at the opening of business on the first business day following the ensuing interest payaent date, or (b) duri"9 the period beqinning at the opening of business on a date forty-five (45) days prior to the date of any redeaption of Bonds and ending at the opening of business on the first business day following the day on which the applicable notice of redeaption is aailed. The Bond Registrar shall not be required to transfer any Bonds selected or called for redeaption. The City, the Paying Agent, and the Bond Registrar aay deea and treat the registered owner of any Bond as the absolute owner thereof for all purposes (whether or not such Bond shall be overdue) and any notice to the contrary shall not be bindinq upon the City, the Paying Agent, or the Bond Registrar. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing, at the principal office of the Bond Registrar, but only in the aanner, subject to the liaitations, and upon payw.ent of the charges provided in the authoriainq Bond Ordinance and upon surrender and cancellation of this aond. '11\is aoncS uy be transferred upon the registration books upon del very to Bond. a nied by a vr1 en transfer in fora and vi n • 10 - • • • or BoneS• of authorized denoaination• of the saae aaturity and interest rate for re9istered owner practicable tiae. the a99r~ate principal aaount which the i• entitled to receive at the earliest The Bond R~istrar aay char9e the owner of thi• Bond for every •uch transfer an aaount sufficient to reiaburse it for it• rea•onable fee• and for any tax or other 9overnaental char9e required to be paid with respect to •uch transfer. -11 .. I • • • • • (Fora of Transfer) ASSIGNMENT FOR VALUE RECEIVED, the undersigned sella, aaaigna, and transfer• unto SOCIAL SECURITY OR FEDERAL EMPLOYER IDENTIFICATION NUMBER OF ASSIGNEE (N ... and Addreaa of Aaai9n .. ) the vithin Bond and doea hereby irrevocably constitute and appoint ~~~~~~~~~~~r-~~r-~--~--~~~~~~~~~~.· attorney, to tranafer aald aona on the bOOkS kept lor rec;iatration thereof vith full pover of aubatitution in the preai•~•· Dated: ____________________________ __ NOffct: the al9nature to tlila aaai9r-.nt .uat correapond vith the na-of the rec;iatered ovner aa it appear• upon the face of tbe vithin Bond in every particular, vithou al era lon or en1arc; n or any ch nc;e ha aver. Si9na ure 9Uaran eed: I • • • • •' • Section 5. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the fora hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registrar's certificate of authentication on any Bond shall be dee .. d to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall not be necessary that the sa•e officer or signatory sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Delivery of Bonds. Upon the adoption of this Ordinance, the City shall execute the Bonds and deliver thea to the Bond Registrar, ancS the Bond Registrar shall authenticate the Bonds and deliver thea to the purchaser thereof as directed by the City. section 7. Registration and Transf•r of Bonds; Persons Treated as Owners. The Bond Revistrar shall aaintain the books of the city for the revistration of ownership of each Bond as provided in this Ordinance. Bonds aay be transferred upon the revistration books upon del i very of the Bonds to the Bond Reg i strar, accoapan i ed by a wr i tten instruaent or instruaents of transfer in fora and with guaranty of signature sati.t·aetory to the Bond Revhtrar, duly executed by the owner of the Bonds to be tr nsterred or his t om y•in-t•et or laval con ain "9 n ns rue ions as o t.h cS ls ot such Bon<ls, alo • soci 1 1 cud ty n ral ployer cSentifica r ot such tr•nster •· any Bond sh 11 be unt l ent r on ion boo s . In all c • • 9 s r r h 11 n er r nat of r n1fe of n I -• • • registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the interest rate for the aggregate principal registered owner is entitled to receive practicable time in accordance with the same maturity and amount which the at the earliest provisions of this Ordinance. The Bond Registrar may charge the owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with respect to such transfer. The City and Bond Registrar shall not be required to issue or transfer any Bonds: (a) during a period beginning at the close of business on the Record Date and ending at the opening of business on the first business day following the ensuing interest payaent date, or (b) during the period beginning at the opening of business on a date forty-five (45) days prior to the date of any redeaption of Bonds and ending at the open.ing of business on the tint business day following the day on Vhich the applicable. notice of redeaption is aailed. The Bond R&eJistrar shall not be required to transfer any Bonds selected or called for redeaption. Mev Bonds delivered upon any transfer shall be valid special obligations of the City, evidencing the saae obligation as the Bonds sun·en.dered, shall be secured by this Ordinance, and shall be entitled o all of the • curity and benefits bar of o -1 • • • principal amount and interest represented thereby, or whenever any outstanding Bond shall be delivered to the Bond Registrar for transfer pursuant to the provisions hereof, such Bond shall be cancelled and destroyed by the Bond Registrar and counterparts of a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the City. Any Bond that is lost, stolen, replaced or paid by the Bond Section 9. Lost Bonds. destroyed, or autilated aay be Registrar in accordance with and subject to the limitations of applicable lav. The applicant for any such replacement Bond shall post such aecur i ty, pay such costa, and present such proof of ownership and loss as aay be required by applicable lav, or in the absence of specific require-nta, as aay be required by the Bond Registrar. Section 10. Disposition and Invest ent of Bond Proceeds. The Bonds shall be issued and sold for the purpose of payinq part of the costa and expenses of constructinq and installinq iaprov.-nts in the District and all other costa and expens .. incident thereto. In the event tha all of the proceeds of the Bonds are not required to pay such costa and expenses, any r ... inlnq a.ount shall be pa i d into the bond and interest fund •• prov dad n Section lJ hereof, f or the purpose of callinq in and payinq principal of and t Bonds. either or 9 nal. purch .. er of the ncS owners &hall be r; bh to-r ci y or any of • - • • • • be taken, or fail to take any action, which would adversely affect the exclusion from gross income of the interest on the Bonds under Section 103 of the Code and applicable regulations, rulings, and decisions. The City hereby designates the Bonds as "qualified tax- exempt obli9ations" for purposes of Section 265(b) (3) of the Code. Section 11. Incontestable Recital in Bonds. In accordance with Section 11-2-9 of the Municipal Code of the City, each bond shall recite that it is issued under the authority of the City Charter and the procedure ordinance or ordinances adopted pursuant to the City Charter: such recital shall conclusively iapart full coapliance with all of the provisions thereof, and all Bonds issued containi"9 such recital shall be incontestable for any cause whatsoever after their delivery for value. Section 12. Liaitation of Action. In accordance with Section 11-2-1 of the Municipal Code, any person filin9 with the City Council at the ti-of the hearin9 on the creation of the district a coaplaint, protest, or objection, shall have the ri9ht, within thirty (30) daya after the final passa9e of the ordinance creatinv the diatrict or the ordinance authoriain9 the iaauance of bonda, to coa.ence an action or suit in any court of capetent jurisdiction to correct or aet aaide any deterainat ion by the City Council or queation inv the authority or proceed ing s taken by the City Council rehtinv to the creation of the diatrict, the issuance of bonds, the aethod of asae••-nt, or the construction of iaprov ... nta. Section 13 • e londa and th local o. )) top Vii'MJ 0 I • • • ,. • the real property within the District and specially benefited by the construction of improvements therein. When there is on hand a sufficient aaount to pay six months' interest on outstandin9 Bonds for the District, the City shall call for payment, on the next interest payment date, outstandin9 Bonds in direct nuaerical order with funds available therefor. After the expiration of the period for cash payments of assessments in full, the City shall, to the extent possible, pay each year not less than lOt of the total amount of Bonds outstandin9 after the payment of the Bonds with the proceeds of such cash payments of assessments in full. Section 14. Additional Security for the Payment of Principal and Interest. Pursuant to Section 101 of the City Charter, whenever four-fifths (4/5) of the Bonds of this issue have been paid and cancelled, and for any reason the reaaininCJ assess .. nts are not paid in time to take up the final Bonds and interest thereon, then the City shall pay said Bonds when due and interest due thereon and reimburse itself by tollectinCJ the unpaid aaaeaa .. nts due the District. Section 15. Aaaeaa .. nt of Coats. Upon completion of the local iaprove .. nts, or upon completion fro• ti .. to ti .. of any part thereof, and upon acceptance thereof by the City Council, or whenever the total coat can be definitely ascertained, it vill causa a state prepared and C y Counc l he p y by nt shovinCJ the total cost of the i prove .. nts to be t 1 d of the Director of Finance. The ot le, assess nta to be levied a9a ina D • ric and specially ed prov n ceaaary action o collac any on -n - I • • • • iapair or invalidate the reaaininq provisions hereof, the intention beinq that the various provisions hereof are severable. Section 17. Repealer. All Ordinance• or resolutions, or parts thereof in conflict herewith are hereby repealed. Section 18. Ordinance Irrepealable. After said Bonds are issued, this Ordinance shall be and reaain irrepealable until said Bonds and the interest thereon shall have been fully paid, aatisfied and discharqed. Section 19. Publication and Effective Date. This Ordinance, after ita final paasaqe, ahall be nuabered and recorded, and the adoption and publication ahall be authenticated by the aiqnaturea of the Mayor anct the City Clerk, and by the Certificate of Publication. Thia ordinance shall becoae effective thirty (lO) daya after publication follovin; final pasaaqe. Int:zoct.aced, read in full, .ncS pu...s en fint I'MdiniJ en May 15, ltlt. Published • a till for ~ OE'dinMce en May 11, ltlt. Read by title .ncS p11Ue4 en final reading en the 5th of JUne, lHt. I Published by title .. Ol:'diMnce llo._, Series of ltlt, cn the 8th cS.y of June. ltlt. ~= Plitik{a H. Ci'Oili, City d k I . (R)IJWI:::E J«). SERI!S ~ 1989-- • • • CXUCIL BILL 00. 27 nma:u::m BY cxucn. ~ JW5EN!OfT AN (R)DWO APPRJVIM; AN ~ ~ ~ CE t.HDSTJM>n«; AKHi DG.IIIXD, Ll'l"IUm.'ll, ~. ~ RI!Cicat. CXUCIL ~ OOIPJHBf1'S (J::RXX>) _, DlVISICM or AmiJHIS'DUai<B or,. ca.cJWX) tuAR'Mlft' or IDL'nl, REEiCWd!D BY '1111! w.1'Dt QlW.ITY <nma. DIVISICII TO PflU"CRoo A WAS'l'ELCW> AU.OCATiail S'1UJY !'at SIDI!Nr 14 CE THE !O.ml PI..ATre ~. t~H!Ja".AS, the Bi-<:ity wast.ewater 'l'reat:.nt Plant di~ treated -.tewater to 5egnll!nt 14 of the South Platte River; and ~. ~rt 14 is claaaified u a Claaa I~ water fishery and llllSt meet the water ~ity standard for such; and tH!JI!'AS, a -.t.ela.d al.locaion study 8hould be perfomed to dl!teDd.ne the usirli.latiw apec:ity of~ 14 for ~a; and ~. the -.t.ela.d allocation study will be done by J::RXX; .. the leed .,.,.cy 8nd the u.s. ~of xnt.-ior-Geological~ (USOS) ~'ill perfcrm the majority of the worlt; and "'BBD!, four agencin will partictp.te in funding the study: J::RXX>, ~1.-.cod, Littleton, and Gl~e; tOt, Tr1fJtER»CE, • rr ~ BY '1'IIE CITY aucn. or 'DIE crrr or ~.~.'nva: l, • • • 5. IR:XX> will establish future facility flows and loads based on the planning year 2010. 6. U9>S will convert existing data bue developed dlring the 1985 JIIX\!linq effort to be applied to the fl'A QUAL-2E I!Ddel. 7. J:RXXO will U8e the results of the QUAL-2E I!Ddel to propose an allocation of BIIIID\ia loading to ~ 14 aiDlCJ the Bi-<ity, Highlands bnch, and Glendale wut-.ter treat:n!nt planta. 8. A final repxt will be procllced jointly betwen J:RXXO and U9>S and rw.ults and r..• idltions of the study will be pnM!Ilt:ed u an AEideat to the Cle.t Mater Pl1n to the J:RXXO Board and the ~. 9. A steerinq CXBIIittee will be fon.d to ovenee the -.t.eload allocat.ian study. 10. Al)ru at rtay be t:eDiinated ~ 60 ct.ys• written notice by any of the pEtiee. a.ctial 2. ~ ~ and City Clerk are herwby authorized to ai91'1 and .u..t Mia •• • at and .-:ar~ of ~ for and on behalf of City CDn:il and the City of DI!Jl...aod. Introcb:led, rMd in full, and pu8ed on fi.nt l1Ydinq on the 15th dlay of *ry, 1919. Pdllilltwd a • till for 1n Ck'dinlnoe on the 18th dlay of *Y, 1989. Reed by title and peMed on final rM1U.n9 on the 5th dlay of June, 1989. 1'\j)}Utwd by title u ~No. _, leriee of 1989, on the 8th dlay of J\lne, 1919. I . . Project No. • • • THIS AGREEMENT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD ContrAct No . THIS AGREEMENT by And between the Denver RegionAl Council of Govern- menta (MCouncil") and the City of Englewood ("City"). WITNESSTH THAT : WHEREAS , the ColorAdo WAter QuAl ity Control Commission hu extended • temporAry modiftcation of 0 .1 mg/1 for unionized AmmoniA on Segment 14 of the South PlAtte River so thAt the Cities of Englewood And Littleton And the Counci l can complete , w ith the cooperAtton And revtew of the ColorAdo WAter Qu•l•ty Control Otvtsion (MDtvision '"). A wuteloAd alloc•t•on for union ized Ammon•• for Segment 14 ; •nd WHEREAS . the Council, the ci ties of Englewood, Littleton , and GlendAle And the Dtvtston h1ve entered in to 1 Memonndum of Undershndtng regArdtng the prep1ratton 1nd submtthl of 1 wasteloAd Alloutton ; And WHEREAS, the Counctl hu 1grHd to 1dmtn11ter a Wuteload Allocation Study for the c•t•••: end WHEREAS , the Ctty h11 the resources, wtth the Ctty of L•ttl ton , to Plrt•AIIy support the wor n essary t o c plata the Wutal d Alloclt ton S tudy . (hi , THEREFORE, the put• s her to mutullly agr u f oil 1 . 2. 0 -....;----..:.:......;...;='-"' 2.1 nd I • • • • 3 .0 COMPENSATION 3 .1 The City agrees to pay $34 , 7:!0 towards the S59 ,550 total project cost, payable upon execution of this Agreement . 3 .2 The Council agrees to engage and compensate the USGS for an amount not to exceed S19 , 000 for services rendered in the completion of the Scope of Work . This amount is to be included in the Joint Funding Agreement wh oc h w ill total 138,000, with the USGS and the Council each contributi ng S19 ,000 . 3 .3 The retNining project funds of $::!1,550 w i ll be used for sa lar ies and other costs necessitated by the S cope of Work , Exh ib it A . 3 .4 It is expressly understood and ag r eed t h at in no event woll t he total com- pensation and reimbursement to be pa td b y t h e Co t y ex ceed the amoun t of S3 4 , 7:?0 for all serv ices requ i red . 4 .0 PROJECT D I RECTOR 4 .1 The p e r forman c e of t h e services required of t he Counctl hereunder woll be u nde r t h e d irect s upervision of Larry G . Mugler ("PrOJec t Oorec t or"), who shall c oord i nate t h e wo r k o f t h e con t r11c t wi th the Ct t y 's ProJect Coordmator . The "P rojec t Coor dmat o r " sha ll be S t e wu t Fonda or his u11gns . 5 .0 S TE ER ING COMMIT T EE 5 .1 All work perfor~ under thts contract sh11ll be coordtnated wtth t he S t eerong Conw,u tt" c reated und er t he Menw>randum of Agreement , Exhobot 8 . 6 0 OWNERSHI P 6 .1 lnfo rmatton and mate n als produced •n wl ole o r on ra r t un de r th os con tt act shall be de~ owned by the Councol , pro tded that th Coty s h all ha e full use o f t h•s onfo~toon and mater11ls by •rtue of th os Agr nt . I . • • • 8.0 CHANCES 8.1 Any changes, including any increase in the amount of the Council's compen - ution, which are ,.utually agreed upon by and between the Council, the Steering Committ ... and all of the contributors shall be incorponted in written amendments to this Ag........,_t , IN WITNESS WHEREOF, the puties hereto have made and e .. cuted th is Ag,.._,.t and Contrect this day of , 1989 . ATTEST : J .W ....... r Adlal n lstrattve Offtcer ATT T : DENVER REGIONAL COUNCIL OF GOVERNMENTS "Council " By =--~.-~,.~~--~--~~~~~-Aobert 0 . farlev. Eucutive Director y ; ______________________________________ __ • • • • EXHIBIT A SEGMENT 14 AMMONIA WASTELOAD ALLOCATION STUDY Scope of Work The Colorado Water Quality Control Commission (WQCC) has requested DRCOG to administer and undertake an ammonia wuteload allocation effort for segmen t 14 of the South Platte River en cooperation w1th Littleton. Englewood , and the Water Quality Control Division (WQCD). Th11 Scope of Work outl1nes the steps necessary to carry out th is wuteload allocation . The commun1t1es tnvol ed 1n the wuteload allocat ion are Englewood, L1ttleton , Glendale., anti Hi hlands Ranch A stHring comnuttH w1ll overv1ew the study u est•bhshed in 11 Memorandum of Understllnding (MOU) developed between the Den er Regtonal Counctl of Gov- ernments (DRCOC). the WQCD ,A•nd Bi -City (Littleton/Englewood). The rtOU 11 attached u part of the ScOf)e of Work . The rKommendatlons from the •llocltton study will be presented to the WQCC u part of the 1990 DRCOG Clean •ter Pl•n amendment process . General O.scnption of Stud~ The process of •llou\lng a wutelo•d beg•ns wtth f1ncng of • Tot•l D••lv Load (TMDL) the .-.c:etvtng WAter c•n lice Ate end not ••c tn·s t r 1m standards The prtma,.v pollutant of cone rn tn 1 nt 1• " un10n 1red ammonca , Two verta I 1 must be 11t for dtffer nt fl r g• 1 t o d t ,.mtn t T DL for untontzed aiMIOn••: 1) de Iutton at r , and 2) p r-c ntege of ammon ta an he UftiOfttled fOMft . Ammoni11 Wutelo11d Alloc11tion April 7, 1989 P11ge 2 • • • Wutelo11d 11IIOC11tions 11re usu11lly most critic11l where there 11re multiple d ischargers to 11 segment . In such cues, the TMOL must be split between the various entities in 11 wily th11t is determined to be filir to uch dischnger . Currently , the Bi-City filcility is the only f11cility with 11 m11jor imp11ct on 11mmoni11 in segment 14 . How- ever, two other POTW disch11rgers exist wh ic h could potenti11lly 11dd 11mmoni• to this river segment : the Centenni•l pl11nt 11t Highl.ands R11nch •nd the Ci ty of Clend11le plant on Cherry Creek . Neither f11cility is currently very large or discharging much ammonia , but both could grow 11nd should be 11ccounted for in the allocation . There is 1 new indus tri11l descharge tn to segment 14 with 1 dis - ch•rge of 0 . 58 MCO wh ich wtll disch11rge •mmontil . The usumpt io ns about size, level of discharge, and 11nvnoni11 contribution to segment 14 well need to be de- termined before 11ny new modeling is initi11ted w ith the QUAL -2E model. The QUAL-:!E stre11m model for s~ment 14 can then be run 11t different levels of lfNftOntil discharge from the Bt -C ety fac eltty to determine •llocatton for the effluent hmet . If other hctlttees h•v• 11n enfluence on thes result, th n alloc•tions wtll need to be b•l•nced among the f11celtttes . OR COG's current genenl poltcy on alloc11hons 11 to requtre equ11l tre•tment at each filctltty to 11 water qualtty segment . If the segment 14 allocilh4:'n study results tn • different poltcy (e .g .• least tot ill cost to •II f11ctl tties). the result would need to be presented to the DRCOC Boiird 11 a Clean Water Plan amendment . If the other filcthtees have no d iscerntble empact on segment 14 , the l011d •lloc11ted to 8 t -Ctty under the crthcal v11lue usumpttons can be forw11rded to the WQCC for con sederatton as the wutel011d allocateon . 1 . l . I • Ammonia Wuteload Allocation April 7, 1989 Page 3 • • • will be plotted by distance along the study reach. Standard errors of estimation for each modeled property and constituent will be tabulated. QUAL-:!E calibration and verification results will be compared to USGS model re- sults reported by Spahr and Blakely ( 1985). Comparisons will be plotted by river 111ile for selected constituents . Differences in results will be tabulated for the critical subreach (SP-500) below the Bi-City Wastewater Plant . The effects of wast-•ter effluent will be estimated by simulat ion , us1ng the calibrated QUAL-2E model and the appropriate low flow standard . Separate s im- ulations will be ....ct. for various combinations of water temperature , effluent discharge rate, and concentrations of CBOD and nitrogen spec1e1 in the effluent . Results for CBOD . n itrogen species, and DO will be plotted m compar11on to resulh reported by Spahr and Blakely ( 1985). M11umum n•tr·ogen spec •es and 1111ni~t~u111 DO concentrations for selected Simulations w1ll be com p ared t o values obtained fro~~~ the USGS model m the prev•ous study . T .. k Descriptions TASK 1 : Revi-Data Base and Model AuulftPtions DRCOG w•ll rev•-e•ist•ng data base , o utline alte r n•t•ves and deveiOf> consensus on IIIOdef •nputs 11110ng EPA , WQ C D , USGS, and diSchargers in - volved •n the study . Information to be r ev1ewed •n c ludes the f ollow ing : • E••stlng data base used in prev1o us US GS modeling effort . South Platte R•ver pH/temperature cond•ttons and I ·flow c r •teria u sed •n the 8 •-C •ty NPOES per~~~•t and o ther data 11 eemed app rOf>r •ate b y the st ru'g C.OMml ttM . T r1bu tary f s an d wa te r qu ali t y for Bea r Cr e l..: a n d Ch rry C r • Ad d 1hona l d ata auociat ed w1t h o t her d11cherg r s (H•ghf a nds Ranc Gl nd I ). • Flow Rat u' c urv fo,. t hr 1ng hon nt 14 . A K 2 : L d•ng Con •lio ns f\S IOf'l , at u dy . A e r t 0 -• C II r ate a nd V r1 f y t h Q UA •l n t 14 I f ,. I • • Ammonia Wasteload Allocation April 7, 1989 Page 4 • • • The USGS will convert the e•isting data base, developed during the 1985 modeling effort, to be applied to the EPA QUAL-2E model . The model will also be calibrated and verified using the nisting data base . This tnk will require that the following issues be addressed : • Range of monthly low-flow criteria at facilities -Chronic 30 to 80 cfs -Acute 10 to 60 ch • Location of critical point within Segment 14 for unionized ammonia. • Ammonia dec:ay rates . Unionized ammonia calculation given pH values (add ••ternal code to model). • Effec:t of other dischargers . • Model predictions for 00 and nitrate TASK 4 : Develop Wasteload Allocatton DRCOG will use the results of the QUAL-2E model to : Propose an ellocetlon of ammonia loading to Segment 14 among the Bt ·Ct ty . Htghlands Ranch, and Glendale wastewater treatment plants . Develop alternat•v• ammonia allocations. • Evaluate other nitr09en spec:tes , tf requtred by the at ertng c ttt TASK 5 : Final Report A final report wtll be produced JOtntly bet n DR COG and the V . S . Geo!Q9ecal Survev whtch docuMent• the model conv rseon , calobration and vereftcatton, and the alternahv nta allocatlona Th r port "''II pro ode a ~ded ~a .. asteload allocatiOf\. TASK 6 ; Clean ater ulta and rec:on.~me nt to th nt tud OR I . • • • ( KEHOIWfi)QK Ol QJ!DIRIDI!QIJIQ Ilf'l'RODOCTIOH ( The Cities of En9levood and Littleton (hereinafter collectively referred to as •the Cities• or individually referred to as •En9levood• and •Littleton,• respectively) and the Division of Adainistration of the Colorado Departaent of Health, represented by the Water Quality Control Division, a •ubdiviaion thereof (hereinafter •the Diviaion•) and the Denver R~ional Council of Governaenta (hereinafter •oRcOG•) and the City of Glendale (hereinafter •Glendale•) enter into thi• A9ree .. nt concernift9 the Waateload Allocation Study to be conducted on Seqaent 14 of the South Platte River. Thia Seqaent vaa deaiqnated and labeled a• such by the Colorado Water Quality Control co .. iaaion and ia described as the aain•treaa of the South Platte River fro. Bowles Avenue in Littleton, Colorado to the Burlift9ton Ditch diversion i n Denver, Colorado. Thi• A9ree .. nt i• authorized by and beco.e• effective pur•uant to the Colorado Water Quality Control Act (hereinafter •the Act•), Section 25-1-JOI(l)(e) • ......_, the Colorado Water Qual i ty Control Co.aias i on (•hereinafter the •co .. i aaion•) haa extended a teaporary aodification of 0.1 ~/1 for unioni&ed --.onia on S~nt 14 ao that the Citie• and DRCOG can co.plete , with the Divi- •lon•a cooperation and rev i ew, a vaateload allocat i on for union had --.onia for s _,..nt 14 : and ........ the Citiea j o i ntly own a vaatevater t r eat .. nt plant (hereinafter the •ai-Ci ty Plant•) wh ich currently diacharcJu Mcondary trutaent efflue nt into l eqMnt 14 pursu ant to H.P .D.E.I. Pera i t No. OOl2ttt l saued by the Divis i on • ..,..,,, DRCOG b aa been des ivnated as Rat iona l Wa t e r Qua lity Planninv A9e ncy purs u a nt to Sect ion 201 of e Fede r a l Cl ean ater Ac a nd s va e I I . • • • ( ( I. STE!RINQ CQKHITT!I 1. A Steering Committee will be organized with repre- sentatives !rom the Division, the Cities, DRCOG, Glendale, and any other discharger financially participating in the study. The Steering Committee will consist o! one represen- tative o! the City of Englewood, one representative of the City of Littleton, one representative of the Division, one representative of DRCOG, one representative of Glendale, and one representative of any other discharger that wishes to financially participate in the Wasteload Allocation Study. DRCOG shall serve as the facilitator !or the Steering ColMlittee. 2. The purpose of the Steering Committee shall be to oversee the Wasteload Allocation Study, described in detail at Section II of this Agreement. Further, the purpose of the Steering Committee shall be to allow the parties to critic- ally review the Wasteload Allocation Study while it is ongoing and change portions of said study while it is ongoing if the parties deem it necessary. Further, the purpose of the Steering Committee shall be to allow the parties to discuss and to ake reco .. endations regarding the application of the results o! the study to the process of determin ing a reasonable wasteload allocation !or dischargers to Seqment 14 and to propose such wasteload allocation for adoption by DRCOG in the Clean Water Plan (•cwp•) and approved by the Co ission. l. The Steering Coamittee shall meet at least monthly from the onset of the Wasteload Allocation Study for the purposes described above in paragraph 2. The Steering Co ttee shall continue to so &eet until the w steload Al location Study has been co pleted and recommendations !or a wa s eload allocation are formulated for consideration by the DRCOG o rd and the Co ission. Minutes shall be taken at each eting and approved by e ch of the parties hereto. eer ft9 Co it ee shall consider and d seuss dischargers on levels of unioni: d a oni I . -• • • ( ( parties will aake every effort to resolve the concern in a timely fashion. 6. After the USGS has sub•itted its final modeling results, the Steering co .. ittee shall thoroughly evaluate and discuss such reported results and shall formulate a proposed vasteload allocation to reco .. end to the ORCOG Board and ~ co .. ission. If, however, the Steering co .. ittee is unable to agree on the teras of a proposed wasteload allocation, each party aay formulate and •ub•it its own proposed wasteload allocation for consideration by the ORCOG Board and/or the Co..ission. II. Dl QIDLO&Q UrpcuiOI I'IQDX 1. Tbe parties aqree that the Wasteload Allocation Study should cul•inate in an a•endaent to the CWP by March 1990, which .. y lead to a requlatory wasteload allocation of unionized aa.onia for Seqaent 14 by Oeceaber 1990. 2. The parties aqree that the objective of a requlatory vaateload allocation of unionized a..onia for Seqaent 14 is to assist discharqers on the aeqaent to ... t and .. intain co.pliance with the nuaeric standard of 0.06 aq/1 for unionized -..onia. 3. The focus of the Wasteload Allocation Study shall be on unionized -..onia with other total nitrogen species beinq evaluated aa determined necessary by the Steerinq co .. ittee. 4. The parties aqree that the planninq period covered by the vaateload allocation developed as a result of the Waateload Allocation Study shall be throu9h the year 2010. 5. The Waateload Allocation Study ahall concern only S~nt 14, however, the Steerinq co .. ittee ahall conaider the affects of aideatreaa and upstr ... discharqea on unio• nized a..onia concentrations in s~nt 14. Non·point aourcea of unionized. a..ania .. y be evaluated to the extent that the data base, daacribed in para9raph I, allova. 6 . Th p iaa only o f da uaed i n he c I nt 14 and da a curr n ita r butari aa. The data .ous1y •9r ed upon by the avr uftic ) I • - • • • • • • ( ( a. The Environaental Protection Atency'• QUAL-2E Hodel ahall be uaed in the Waateload Allocation Study. The QUAL-2E Hodel will be calibrated and verified with the aaae data uaed in calibratift9 the USGS Hodel for the Coaprehenaive Streaa Study. Reaulta of the Q0~2E Hodel and the USGS Hodel will be reviewed by the Steerift9 Coaaittee and coapared to enaure reliability. t. The partie• a9ree that the QUAL-2E Hodel, properly calibrated and verified, i• acceptable, appropriate and aufficient for purpo••• of the Waateload Allocation Study. 10. The Wa•teload Allocation Study ahall be adainiatered by the DRCOG. However, the Citi•• -Y reaaonably require other di•ch•rv•r• who wiah to participate in the wa•teload allocation to ahara, pro rata, in the coat• of the Wa•teload Allocation Study. 11. The partie• intend that the Waateload Allocation Study •hould be ba8ed on the beat available data and it ia expected to ••rv• •• the deci•ion -kift9 tool for facilitiea de•ivn and paraittift9 until other data or atudi-prove it aaterially in error. The co•t of any waateload Allocation study baaed on auch future data •hall be borne by the anti ty advocatin9 the -terially different waateload allocation or apportioned on auch baaia •• autually ·~•ad upon by entiti- affected by aucb waateload Allocation Study. A -t•rially different waataload allocation would be aubject to the plan ... nct.ent procedure• of DRCOG and the Coaaiaaion. IU. 9D'U OOifiP'UfiOII 1. Any data uaed or propoaed to be uaed for purpo••• of oonductin9 the Waateload Allocation Study ahall be available and accea•ible to any party to tbia atreeaant upon reaaonable requeat. 2. ~ enterift9 into thia Aqr .... nt, the partie• do not vaive or delavate any of the riCJht• or reaponaibilitiea they bave under the Federal Clean Water Act, the Colorado Water Quality Control Act, or requlatione proaul9ated in further- ance t.hereof • CUTID thia ____ day of -----· ltlt . ATTUT: CITY 0 8y l-----------------------I . • ( A'rl'EST: A'l'TEST: A'l"l'UT: A'l"l'UT: • • • ( CITY or LITTLETON By: ________________________ __ '1'HE COLORADO WATER QUALITY CONTROL DIVISION By: ________________________ __ 'I'IIB DDVD RZCIONAL COUNCIL or COVEitiOIENTs By: ----------------------- 'I'IIB CITY or GLEIIDALI By: ----------------------- • • • • CITY COUNCIL TO HOLD PUBLIC FORUM A public forua vill be bald on Monday, June 5 durinq the reqular City Council ... tinq •tartinq at 7: JO pa. Thie vill be an open ••••ion in vbicb Enqlevood citizen• are beinq ••ked to ca..ant on the City Council'• qoal• for tba ca.aunity. Enqlevood citizen• are al•o invited to voice their concern• and opinion• reqardinq the City•• 1990 budqat. Tba follovinq li•t of qoal• reflect Council'• perception• of thoaa it ... vbicb are .,.t bportant for Bnqlevood'a city qovarnaent. 'l'ha .. qoala vill balp to abape the 1990 budqat proce••· They are •• follova. Develop a ca.prabanaiva aconoaic deval~t proqraa to build and enhance al tarneta revenue• and expand ca.aunity reaource •• De•iqn and t.pl--.nt city-vida va•t• aanaq ... nt, recyclinq, and aource reduction proqraaa. Control traffic throuqb a proactive atenca . Reorient bouainq atforte to reduce rentel property, increen owner-occupied •inqla faaily re•idencea and t.prova boua inq. Knoouraqe f .. linq• of ~ity, pride, and tba uniquenu• of &nqlevood tbroufb the QP&naion of recreational \\Me and the creation of quiet, trn-lined atreeta. c1 .. n up traab, waec~a, and •raaor.a . U,Vrade and aainta1n 1nfrutnacture. o provl •lc rvl • I • • I~rove ca..unicationa at all level• throuqhout the City. ~rove the clt.ate for buaineaa throuqh lover taxea, better aivna, and aoninv policiu. Increa .. city•a r ... rvu to increaae intereat inco .. and biprove bond ratinv. Envlewood citiaena are UZ'9ed to attend tbe forua and participate freely. Citiaena• ideaa and auqgutiona for the direction of Kft9lewood are Wloc.ed. • I . • • • • TO THE RESCUE----- You can share in this grassroots campaign to save a charming , colorful piece of Colol'ado history. With your help, generations to come will enjoy seeing and learning about the little Cherrelyn horsecar-an irreplaceable symbol of a bygone era . Please take advantage of this opportunity to restore a bit of the past as a gift to the future A c:olof'ful enamel pm Is your memento for a gtft of $25 00 or more . IndiVIdual donatiOns of $100 and oorpo.. rate oontnbutlons of $500 Will be actmowtedged on a perma~Mnt pleque to be mounted beside the horsecar ....... co ...... t..on J Kuhn G Mhuf 1<u1p TOm 0 0 • I . • • • 0 • I • • - CLAIM TO FAME-----HARD TIMEs------ LAST CHANCE---------- - • • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE June 5, 1989 INITIATED IY STAFF SCIUICE PREVIOUS CCUI:Il ACTION A&EJitA ITEM SUBJECT 11 (a) Public Works Oepart ~nt Kell s Waggon er , Di r ec tor Acquire land for Paving Di str i ct 33 Ordinance 136 series 1988 passed on final reading Nove.ber 21, 1988 creating Paving Dtstrtct 33. ( ACTION PltOPOSED Pass Resolution provi ding for an agree.ent to acquire real property frot W nslow Construction Ca.,any for construction of the 2900 block of South Galapag o S re t In Paving District 33 . POSSI IlE EffECTS n • - • • ,. • Ctty wtll acqutre land fro. Winslow Construction Co.pany that was appraised at approxt .. tely $47,000 tn return for relocating an extsttng fence at a cost of ap - proxt .. tely $5,200 and parttctpattng tn construction of a ston~ sewer at a cost not to exceed $7,500, thereby savtng the Ctty approxt .. tely $34,300 over purchasing this property. Montes for the Ctty's parttctpatton tn thts project are budgeted in the PIF. Rec~ that Counctl pass the Resolution provtdtng for the agre ... nt to acquire real property for Pavtng Dtstrtct 33. - Rm:Wna. I«>.~ SI!2W!:S (R 1989 • • • A RESCUrrla. APFRJVIK; N:1RUHNr WITH WINSI..CW ~00 CX'MPANY AM> A0:EPrn«; BY QUIT aAlM IUD Mil WMJWliY 1EED THREE PARCELS CF REAL PRCPEMY IN 'DIE 2900 BLCX:K C6 SCX1D1 GAI.APAOO S'l1U:rr Pat ~00 OF SOOni GAI.APAOO S'lmZT. ~ 1 the City needa right o! way in the 2900 bloclt of South Galapaqo Street in order to reconst.ruct the street Wlder Pavinq Dis trict 33; and '~DDS 1 Winslow Coostruction ca.pany i a the owner of said necessary right o! way; and ~~ Winslow Ccnst.ruction ~Y has agreed to d8dicate certain real (Xqwty for the ~auy right o! way in return for the Ci ty's r.locating • fence ~ participation in ccnatruction of • atom llf!Wier in that area; tDf1 'DBtDU<t 1 BE IT R!SLVm BY '11IE CITY al.N:IL C6 'DIE Cl'l'Y C6 ~.-xo l ~~ 'DUa: Section 1. 'ftw A9r ••s iit to ~re RMl Property betwen the City of ~leWOOd ina WiNlow Cmatruction Calpany ia hereby ~. Said t providlts ~ally u followa: 1. WiNlow Construction~ vill died by ~t cla.JJII and wvr.,ty dMd three parcels of r.al pr::opan:y for City r gh o! way in the recxJnstruction of South Galii*JO ~ l.lnCiirr Peving Diatr ct ll tn return the City vill rel.._ ly U f that IIUbj to Street Plan ona .._, eiiUIII• title to Winalow pzq»tty. 2. City lic:y. f 1 • • • • AGREEMENT TO ACQUIRE REAL PROPERTY The CITY OP ENGLEWOOD, a Colorado home rule city, (Englewood) (Purchaaar), Grantee, and WINSLOW CONSTRUCTION COMPANY (Winslow) (Saller), Grantor, hereby enter into the following agreement: 1. Winalow will deed to the City of Englewood by quitclaim deed the real property deacribed on Attachment 1, which 1a incorpor.ted herein and .. de a part haraof by rafarenca. 2. Winalov will deed to tha City of Enalewood by apecial warranty dead tba raal property daacribed on Attachment& lA and 18, which are incorporated herein and .. de a part heraof by reference. 3. !nalawood ahall pay for an appraiaal of aubject property to be obtained by City. Tba appraiaal ahall be in written fora by a quali- fied appraiaar and delivered to Winalov. 4. Purauant to Attachment 2 , Enalevood ahall relocate fence idantifiad thereon to naw location identified on 1aid Attachaant. 5. Window 1a aranted tha ript to conatruct within deacribed taprov ... nta, in riaht of way of City, and connec t .... to Enalevood'a factlit1aa. !nalevood ahall participate in tha conatruc:tton of the atora a._r purauant to Attac:h•ent J. Said atora ••war wi ll not be conatruc:tacl at the pruant tiH due to hia.hway conatruction at Santa Pa aftcl Dar~th; tha partiaa further •area, aa follova: •• Tba pertic:tpatton of !nalavood wtll be only aa tte Attachaa.nt 3; b. Tha totel coat of conatruct1on to Enala od ehell be nsoo.oo. 1hovn on c:. Setd atora • r ehell ba c:ona ruc:tad wtthtn ext1ttn end herein c:on vayad utility •• ante end atr et ria t of ay eDcl hall be cona truc:tacl to City of !nale Sta clercl ton. Sev.r pac:1ftc:ettone • •• •• t I . • • • • -2- 7. Title shall be merchantable in the s eller . Seller s hall executa and deliver a good and s ufficient dead to u id purchas er on June 19, 1989, or by mutual agreement at an earlie r d a te, c onveying said property f ree and clear of all lien a , encumbranc e s , a nd taxes , except the aeneral taxes for 1989, payable January 1, 1 990, a nd e xce pt: power, electrical and other utility e asements and liens o f rec ord a nd subject to build i na and zoning regulations . 8 . General taxes for 1989 shall be paid by Wins l ow. 9. The hour and place o f clos ing s hall be sa deaiana t e d by Sellar. 10 . Poaaa aaion of praaiaa a s ha ll be as d e l ive r ed to purcha1er on del ivery of de ed . 11. !D a lewood aaraa a t o ... n d ita "Kaster Street Plan" and amend leaol u t ion lo. SO , Series of 1973 , aa recorded in llook 222 2 at Paaa 484 , of the recorda of the Clark and Recorder of Arapahoe County , Colora do, specifically paraaraph No . 9, appearina on Paae 48S, by specifica lly raleaatna all that portion of said land daaianated tn aaid pera araph 9, which 1a not conveyed to Enalawood by way of this Aaree- Mnt. lllalevood will ca.plete and record the appropriate doc1111enta refle ctina ita action within 90 days of data of convey ance by Winalow aa p r ovided in this AareaMnt. 12. TiM ta of the eaaenca hereof and If any pay.ent o f any other c011dition here of 1a not Mda, tendered, o r parforMd b y either the sellar or purchaser aa herein provided, then thil contract , at the optS on of the part y wh o h not l n default, u y be taraineted b y suc h party , in whi c h c a a e the nondafaultina party u y re cover suc h daua•• a1 M)' be pro per. In the event, h o~ver, the n o ndafault ina part y elec ts to tr It thll contract u betna in fu ll f o r c e e nd af hc , the nondehultina part y s he ll have the rtaht t o 1 11 ec t ton fo r a p c:iftc perfo ,..ac e and d ... a••· a p p rova l h ereo f by e llar , t hte a r e a nt e ell a ll a r s a Purcha1er and •hall in re to th of nd a aS n e1d partie I . • • • -3- • ATTEST: ~<uL4Lr Secretery ATTEST: City Clerk • • I • • • • • WINSLOW A portion ot a parcel ot land in the W 1/2 ot the NW l/4 ot the SW 1/-ot the NW 1/-ot Section 34. Township 4 South. Range 68 ~est ot the 6th Principal Meridian. described in Quit Claim Deed recorded in Book 5618 at Pace 65 or the recorda or the Clerk and Recorder ot Arapahoe Count7. State or Colorado. more particularly described aa follows: Conaiderinc the North line or the NW l/4 or said Section 34 as bearinl S89°-8'5l"W and with all bearinca contained herein relative thereto; Ca..encin& at the Northwest corner or said Section 34; thence alone the West line ot the NWl/4 or said Section 34 S00°02'l2"W 1318.86 teet to the Northwest corner or the sw l/4 or the HW l/4 or sUd Section 311; thence alone the North line ot the SW 1/4 or the NW l/4 or said Section 311 N89°112'38"E 331.11 teet to the TRUE POINT 01 BEGINNING. Said TRUE POINT OP BEGINNING beina the Northeast corner or the parcel ot land described in Book 5618 at Pace 65; thence S00°02'l2"V alone the East line ot said parcel 659.13 teet to the Southeast corner or said parcel; thence S89°39'32"W alone the South line or said parcel 30.00 teet to the Southwest corner or said parcel; thence N00°02'l2"E alone the West line ot said parcel 20.6 teet; thence N89°39'32"E 11.37 teet; thence Nll5°ll'26"E 111.19 teet; thence N00°0l'27"V 628.60 teet to the North line ot the SW l/4 ot the NW l/11 or said Section 311; thence alone said North line N89• 2'38"! 16.2 teet to the TRUE POINT OP BEGINNING. Conta1nt 0.2 811 Acree, aore or lett. l I - • • • • WINSLOW A portion of a parcel of land in the w l/2 of the NW l/4 of the SW l/4 of the NV 1/4 of Section 34, Township 4 South, Range 68 West or the 6th Principal Meridian, bein& more particularly described as follows: Conaiderin& the North line of the NV 1/4 or said Section 34 as bearin& S89°49'5l"W and with all bearings contained herein relative thereto; Commencin& at the Northwest corner of said Section 34; thence alon& the West line or the NV l/4 of said Section 34 S00°02'12"W 1318.86 feet to the Northwest corner or the sw 1/4 or the NW 1/4 or said Section 34; thence alon& the North line of the SW 1/4 of the NW 1/4 of said Section 34 N89°42'38"! 226.46 feet to a point on the Easterly ri&ht- or-way line or the Atchison, Topeka and Santa Pe Railroad, said point also bein& a point on a curve concave to the Northweat havin& a partial central ansle or 01°01'47" and a radius or 5779.65 feet. It is aubtended by a chord that bears Sl4°47'36"W 103.87 feet; thence Southerly alone the arc of said curve 103.87 feet to the end or said curve, said end of curve alao bein& a point on the Easterly line or that certain tract of land described in Deed recorded in look A33 at Pa&e 13 or the recorda or the Clerk and Recorder or Arapahoe County,State or Colorado; thence alon& said Easterly line S00°02'12"W 558.96 feet to a point on the South line of the Wl/2 or the NV 1/4 of the SW l/4 of the NV 11• or said Section 34, said point bein& the ~OE POINT OP IEOI I 0 0 thence alon& the South line N89°39'32"! 100.98 feet to a point on the eat line or that certain parcel or land described 1n ed recorded in look 5618 at Pase 65 in r cords or said County; thence depart1n& said South line and alon& said eat line 00°02'12"£ 20.6 feet to a point; t nc S 9°39'32" 100.98 feet to a point on th East line or th trae d acr1b d 1n ok A33 a Pase 13; nee S00°02'12" alon said Eas lin 20.6 t et to the TRUE POI T 0 OI I 0. Con ai .o 7 Acr '• r or l s. 1 I . • .. • • • • • • WINSLOW A parcel ot lan4 located in the NV l/4 ot the SW l/4 of the NW l/4 ot Section )4, Township 4 South, Range 68 West ot the 6th Principal Meridian, County or Arapahoe, State or Colora4o, being more particularly 4escribed as follows: Por the purpose ot this description, the South line of the NW l/4 ot the SWl/4 or the NV l/4 shall bear N89°39'32"E. BEGINNING at a point on sai4 South line which is 200.01 feet East ot the Southwest corner ot sai4 ~TW l/4 of the SW l/4 of the NW l/4, sai4 point also being the Southwest corner or that parcel described in Book 4716 at Page 145 or the recorda or the Clerk and Recorder ot Arapahoe County, State of Colorado; thence N00°02'12"E along the West line or said parcel 20.6 feet; thence S89°39'32" W 40.5 feet; thence S00°02'12"W 20.6 teet to a point on the South line of the NV l/4 ot the SW l/4 or the NW l/4; thence N89°39'32"! along said South line 40.5 feet to the POINT OP BEQINJIING. Contains .0192 Acres, more or leas . A u c 11 • • • • • I I I ./ ~ t/. Btr;cs Aur ___ _ Tte" I ,.,.1 I I _I ~ I . • - • • • I ~ I ( • • • __ l f!tTY ,PA~TtCtPArtDAI /AI C4r&ll·lf~t", III'JM/>1~· ~IVO LlfT611fL UN6 ~,ry p,-~r't:~PifT/IW ~A/ CVI~S,ZIVtl Ptl'l. F'.IMI>tf /4 ..... .,. .. I . • DATE June 5, 1989 INITIATED IY STAFF SCUlCE PIE¥ IOUS COliiC I L ACT 1• • • • CCUCIL COIIUUCATION MEJilA ITDI 1 1 (b) Public Works SUI.JECT Euements for relocation of utilities in Paving District 133. Kells Waggoner, Director of Public Works Ordinance 136, 1988 passed on final reading llovelber 21, 1988 creating Paving District 133. ACTI. PIOPOSED Pass two resolutions authorizing the purchase or conde.natton of the fee si~le interest to provide for uttltty eas ... nts. POSSIIU UFUTS If the «*Mrs are located and ~tree to the Ctty purchase of the eu nts , condelnatton wtll not be necessary . , t Publ I ro nt I • • • Reco..end that City Council pass the resolutions authorizing the purchase or conde.nation of the f .. si~le interest to provide for utility easa.ents for Paving District 133. I . . • • • A RE9CLl1l'Ia. Al.mDUZIRO 'DIE PUIOIASE CR ~c:N CF 'DIE FEE SIMPLE IH1'DEST IN CERTAIN LMI> IN 'niE CITY CF EKii.DlOClD ro PIOTIDE ~ IJTll.ITY F.ASDI!2l1'S IN PAVD«i DISTRicr 00.33 IN 'DIE CITY CF ~. COLCJWX>. (GA~£.1£1-vHtnE.S F) NoW, to protect the health, safety and welfare of the citizens of the City of Englewood, it is necessary that utility easements be relocated in Paving District No. 33; and ~. the City Council finds that a public need exists to acquire the additional real property for euenenta for relocation of utilities in Paving District No. 33; tO, 'ftlmt!PQ1CE, BE IT RFSLV!D BY 'DIE CITY CXXH:n. CF 'DIE CITY CF !liiGLIIIXD, ~. AS PCI.L()IS: Sectim 1. 'ft\at pursuant to the provisions of the State Constitution, State SUtutee, and City 0\arter, the City of Englewood shall acquire by purchue or ocrodaiaiAtim the fee s~le title to the following lands for the purpoee of corwtructinq utility euaaents for the citizens of Englewood: 'ltle South 16 feet of the North 132. 5 feet of Lots 22 1 23, Block 12, 90uthlaa'\ Gardmw, County of Arapahoe, State of Colorado. s.ctim 2. 'ft\at the City M1M1Jer, or his designee, be and hereby is author{;! ina directed to rwqotiat.e the purchase with the CWler of said pM"C»l of l.,.S, .,.s ~ failure to agree ~ the fair market value thereof, the City Attorney is hereby authorbed and directed to CXIWWioce an actim in ..u..n.nt to CXlh&i u the lboW described parcels of real property as art.hot"i.S by lat. APPIOI'fD this 5 ~ o f ilne, 1989. I . . RI!3LU'l'I~ oo.J.5' SERIES OP 1989 • • • A RESCU11'I~ AlmDUZn«; 'D11!: PURliASE ~ CXHBfiM'ICII CE' '1HE FD: SIMPLE Dm!:RI!ST IN c:::PRrAIN ~ IN '1HE CITY <»' DG..fH:lOO TO PRlVIDE Pat l1l'ILI'IY EASEH!Nl'S IN PAVn«; Dl5'1RICT 00.33 IN '1HE Cl'IY <»' ~. CXLCRAOO. ( 8t.E.S S/A/6E R_ i.oRetrA K) ~. to protect the health, safety and welfare of the citizens of the City of Ehglewcod, it is necessary that utility easenents be relocated in Paving District No. 33; and ~, the City Council finds that a public need exists to· acquire the additimal real property for e&Se~e~ts for relocation of utilities in Paving District No. 33; tOf, ~, BE IT RESCLVI!D BY '1HE CI'IY CX:UCU. CF '1HE CITY CF !lG.fHXI), ~. AS !'CLI.afS: Section 1. "nlat p.ln\.lant to the provisions of the State Constitution, State Statutea, and City Ol&rter, the City of f))qlewood shall acquire by pun:hue or OCll'\dla\ation the fee aillple title to the follo.rinq lelda for the purpoee of oonatructinq utility -...aenu for the citiMna of Ehglewcod: Bllqinn.inq t the Nort..t..at: corner of the South 1/2 of Lot ll, 81 12, Sout.'\1.., Gartt.na : thence South and &lonq the t line of said lot ll a dillt.lnce of 16 f ; thence tcrtheuterly • dlaunce of 53.19 f to a i.nt on the . rth line of said South l/2 of Lot U; thence and along Mid rth line • distance of 50.73 f to inn nq, I • • • Sec:ticn 3. 'Dlat the Director of Financial Services is hereby authorized and dli'eCted to lllPrq)riate, 11ft uide, and hold for All necessary j~ts and -.rda sufficient._ to be paid u just ~tion to the owner of the prqierty to be tabtn and SUCh lpprelpriaticn shall not be less than the City's hi«#Wat appraisal value of the parcel in questiCX'I. ADCPD!n Nil .APPR:M:D this 5th day of JUne, 1989. Attest: PatriCia H. crow, city dedi I, Patricia H. crow, City Clerk for the City of Dll)l-.ocd, Colorado, ~ ~ity that the above ia a true oopy of ~luticn No. _, Series of 1989. • -• • • om~R: __ ~~~~~~~~LU~~------~ ADDRESS:~~~~~~~~~~~~~~~~~~~~~~~~~,_ I • • • PAGE : .2 I . • • • 3 DATE DESCRIPTION I . . • • • I • • • PAGE : k .. • • • PAGE : __:::! __ • • • • OWNER : ___,;,,..:..W,:L.,~!:.C&'.UL.'~La...,_. ___..~~k:....!J.L! /~~~·L.!':.!."--------PA GE : ' I • • • • --------~--------------------------------------- • - • • OWNER : __ L£..lo<.Jc-"-r~.&_;:.£,..r(a..~-.L..L.:.....·'----~/5 ...... :....J._~ ..... ;_<.L,·c::...;1.:r~-·:..../ ______ PAGE : ~ ; v DATE DESCRIPTION • DATE June 5, 1989 IIIITIATtD IY STAFF SOUICE PIEYICIJS CCUit I L ACT 1• None . ACTJ•.-oSED • • - COUNCIL COMMUNICATION 11 ( c} Water and Sewer Board SUIJECT Water Quality and Algae Growth Study for North Reservoir. Stewart Fonda, Director of Utilities Council approva l by .otion of th Proposal for a One ·Year Study of Wat er Quality and Growth of Al9at in the North Reservoir Water Supply for Englewood, Colorado. mms ' I . • • • • RECOIIIENDATION The Water and Sewer Board reca..ended at their May 9, 1989 ~eting Council approval by .otion of the One-Year Study of water Quality and Growth of Algae in the North Reservoir Water Supply for Englewood, Colorado. I • - • • • • WESTERN ENVIRONMENTAL ANALYSTS, INC. Technical and policy analy&ea related to weatern U.S. land and water reaourcea f£1() TO: FIOM: SUBJECT: DATE: Mflt e Wo ika Eng l ewo od Utilities Manager -Y""' ~ Willi• t1. Lewis, Jr. Wes te m En vi ronaental No rth Reservoir April 23 , 1989 Within 1 few days I expect to be able to send to you 1 report summariz- ing the results of our sa.pling on April 21. I will include~ interpretation of the result and suggestions. Because you are anxious to have SOllie preliminary idea of what might be done at the present tf• to keep the turbidity proble. under control, I will provide you htre with 1 t.w prelf•inary opinions. Please be aware that 111 of IIW suggestions, re~ndations, and analysis for this project relate to the control of alg .. and organic .. tter in the lake. Western EnvironMental cannot ass ... any legal responsibility -matsoever for the production of finished water to ... t drinking water standards. For the .,..nt. I believe that copper sulfate ret~~ins your best bet for controlling the turbidity probl . I would like to chec your copper sulfate dosages a~1nst the literature in ordtr to dttel"'ll1ne if the dose h strong enough to have the desired effect on alg .. under the we ter c stry co di- tions i n the North Rltservo i r . The effect of copper sulfate varies qu te • bft th water chtllfstry, and can do a reevaluet1on of t 1s tter soon. Cutr1ne is s to stay n solution tter. ld a tage to copper sulfate r I . Me., to Hike Wo1ka Page 2 • • • There fs so. layering in the lake at tht .-ent that -.y iiJII)@de the •fxing of copper a._d at the surface. Continuous bottoll withdrawal 1s best for reducing layering, provided that the bottoll intake gives acuptable water. It 1s quftt possible that the .,re aggravated problttnS in the recent few years art ltnktd to acc-..lation of sludge in tht reservoir. My present iiiiPrtssion fs that the acc~a~lation of sludge wfll prove to be considerably greater than tsti•ttd in the report by CDM. We can •ke a direct estiNte as part of our long-range stuctY plan to bt sut.ftted to you soon. RMoval of thfs sludge 1111 bt very iiiiPOrtant to restoration of no,..l function in the rtstrvofr. fhertfore, I think that the city nttds to place a high priority on sludge rnoval, evan ff this •1ght •an additional staff co.it.nts. I • • • PROPOSAL FOR A ONE-YEAR STUDY OF WATER QUALITY MD GIUITH OF ALGA£ IN THE NORTH RESERVOIR tMTER SUPPl. Y FOR ENGl.OI)()O, COLORAOO e ly , Inc . rfl 23 . l • • • INTRODUCTION The City of Englewood relies exclusively on the North Reservoir for drinking water supply. This reservoir, which receives water from the South Platte River by pipeline or occasionally from Chatfield Reservoir through the City Ditch, has a capacity of 80 million gallons and retention ti~ of 7 to 10 days. The reservoir receives al1111 and pol)'llll!r treatlllent to prepare the water for filtration. Sin~ 1984, the Allen Filter Plant, which processes the water fi"'OI the North Reservoir, has experienced filtration difficulties and, .are recently, excessi~ turbidity in finished water. These difficulties are probably caused by txctSSht growth of algtt in the North Reservoir . ProblttnS have t.ftdtd to occvr in the spring llld fall, but during the last year hut als o occurred in •1d-winter and throughout the s~r. ProbltiiiS with filtration result in a need to bKitwesh the f11~rs every few hours, which cons ... s lart~ -.w.ts of staff effort and brings the plant unacceptably near the •'1 n for PI"'CHsing the Mtdtd -.unt of water through the f 1 ters. The turbidity probl results f txe»ssf~ly igh -.unu of part culat.t rial " t ffnfs d ter. This h ~ry f1nt ttr al that is Passed ro t f l~rs. o f s to outJi 1 p1 11 1"01 d 0 t • • OC( tT n I . • • • • -2- PRELIMINARY ASSESSMENT A ca.prehensive set of sa~les was taken on April 21 to serve as a bash for pre11•inuy assess.ent. The field data collection and subsequent StiiiPlt analysis w111 include the following for the preliminary assessment: ther.al structure and density layering of the reservoir. distribution of dissolved oxygen in the reservoir • ..,unt of total particulate Nterial in suspension in the reservoir and in the supply water. a.ounts of total phos- phorus. particulate phosphorus. soluble phosphorus. and soluble reactive phosphorus in tht reservoir and in the supply wtter. tr~nsparency of the reservoir as an indicator of algal growth potential. pH in the reservoir and in the supply water. tlkllfnity 111d conductlllce profiles for the lake and the supply Wlter. c:.ll cour~ts and i*ntif ~t i on for alg• i n the reservoir. An interprethe report w111 be written arourld th s nfor.at f on as soon as possible. tto.ewer. further stu4Y h ad sa l e for ree purposes : 1) recon- struction of water Sl4)ply SOIIr'CIS lftd water q..a 11 t con d tfons over the past 7 or 8 yHrs t n an att.ellpt to disco ver fa ctors t t caused changes ordtr to provi de i nfo,...t i on about uason a l changn n t a lgal pop ul at ion lfld about t se to t a l p l popu ltt ion s to copper sul fate trea t. d 3) s pe c a t f ld s tud ts or ta r tl s di s dto pOft 0 to l f'Y 9 s 0 s c n:u ,. . SIS . , ... 0 r c \( . Cl 0 ( • d I • • • - -3- on a computerized database incorporating as much infon.ation as possible about water flow and water quality. The water supply portion of the historical analysis should consist of a reconstruction of the sources of water reaching the reserYOir. This would require the use of surface water records from gauged or musured flows for Chatfield AeserYOir and esti .. tes of diversions and additions from state records or f,_ the records of the Water ~issiontr. Historical changes in water use or in the addition of wastewater or retum flows to the South Platte above the PIIIIPing station could possibly be involved in water quality changes 1n tht s~ly reserYOir. A second aspect of the water supply st!Hb' would be 1 reconstruction of tht ct..1stry of supply water. Water quality factors of pri .. ry interest include alka11ni~ and nutrients, especially phosphorus . Alkalinity records are available fro. the Allen Filter Plant, but these need to be COIIPuterized so that they can be dealt with .,,.. easily . Uo direct in fonMt1on on nutri- ettts 1s availablt . Howtver, an approx i .. tt reconstruct ion of nutrient concen- tretions wtll be possible based on t re at we contr1but ons of various .-ter-SOUrctS. A staw~d part of the stor-c a l t at tion should h1cl on ttr-n t tree plant . recor-d ' l et U I I s -• • • -4- of determining whether significant changes have occurred in the supply water resulting in change of reservoir water quality. The seasonality of water quality probl .. and water quality factors related to excessive turbidHy or filtration difficulties can also be quantified and summarized from the data- base. The water treat..nt facility will be purchasing its own co.puter in the near future and w1 11 be able to record its data directly in spreadsheet form in the future. The historical overview project 1110uld serve the additional benefit of providing tht watar utility with all of the historical data in spreadsheet fona a.patible with entries to be .. de in the future. ONE-YEAR STUDY OF RESERVOIR CHARACT£1USTICS The teftdtftcy of bachlsh ll'ld turbidity probltiiS to bt seasonal suggest that alg• in the resenoir are responding to seasonality in reservo i r char- acterlsUu. Pouiblt facto" that 1nnuanc:e the ability of algae to grow il'l U. reserwfr 1Mludlt st&SOMl dl tr sparency ... rtful hrer ng of r col • dlt .. l d rel ease of n tr t u n qua l of s ly t r . It h ftOt posst to • r • r . • • .. • -5- alltllinity profiles, profiles for total phosphorus, soluble phosphorus, soluble reactive phosphorus, and nitrate, water transparency as shown by quant111 sensor, chlorophyll profile, total suspended •tter profile, algal species abundances and identifications, and specific conductance profiles. The one-year database will be put into co~uterized foY"'IIIt. It will be used in interpreting the cycles of layering and 111ixing for the reserYOir, seasonal cftanges in water chetl1stry with particular attention to internal nutrient loading f~ the sediaents, growth of algae in relat ion to the ..,unts of nutrients, response of algae to copper sulfate treat.nts , .ount of particulate •ter1al, proportionate change in the contribution of algae to total particulates, and transparency of the lake as an indicator of the g~h potafttial in various parts of the water collllft. This infor.at1on will t. presented in report fona. The report will includt not only i nterpretation data, but elso conclusions and reco..ndations based on the one-year st~. 1lw ct..ical c:Nt'lcteristics and ~ature of inflow wtter should be ••suM on s-dates u the •asw reservoir water co1 rature • of tret Oft of fl \t I ll S.\10t041QI. r 0 ts of the s ts 11 al 1[$ n ariablu for thl es ti tes to be 0 I . • - • • • • • -6- Algal Sensitivity to Copper Sulfate On three occasions during the year, algae fro~~ the reservoir wi 11 be enclosed in containers suspended in the lake and varying 1110unts of copper sulfate will be added. The results of these studies will be used to define the 1110unt of copper sulfate needed to induce a decline fn the amount of algae. Sludge Accumulations A direct esti•te should be •• of sludge acc..-ulations in the reservo i r. Although a calculation esti .. te is available fro~~ COM, a direct esti .. te will be aore reliable. The s~lfng of the reservoir on 21 April suggests as ..:h as four feet of sludge acc.,htion fn the •fddle , which ~~a~ld exceed the .ount in the esti .. te by COM. We propose to construct a ba~trlc _.., of the late and to ~ the present water vol..e. The ct1ft.rence bet.en this and the initial capacity of the reservoir will be a ct1rect est1•te of the sludge acc..-u lation. This .. Y be h11portant for wter quality •na...-nt because sludge l"tiiDYil •Y be necessary to prevent algal bl-. Short-Circuiting Stv• ere is a possibil i ty of short-cfrcw tfng of ter n the s&e~ply t nn and outfl o t tr'tl n pl t. S rt-c rc ft ng can d 1) calculat d o t 1 d l) cs rec IS s c lo 0 I . • • • -7- over the surface of the like. BeCiuse chlorophyll content develops in the water after i~un~nt, the distribution of chlorophyll in the lake will indiute the degree of •bing of the inCOIIing water with the Nin body of the lake. Mixing studies should be done on at least three occasions during the year. Stuclies of topper in Raw Water and Finished Water The dfsappearan~ of copper f~ the water col~ following copper sulfate treat.nt should be •~ted on at lust three occasions at di fferet~t ti•s of the y•r as a •ans of cltter.ining the ..,unt of fil- terable copper that will be likely to pass to the treat.nt plant. This is hl!port•t infoi'WitiOfl f~ the vfe.point of drinking water standards and 1s also ill!pOrt..t as • indicator of the ..,unt of ti• that copper levels ,...in sufficiently high to kill algae in the resenoir. SOIEIU.l li Wt are prepared to initiate the studies i ct11tely and to CG~~Plete the dltl collect10ft prograa th1n Oftt yHr. lnteri data s.-r1es can be provided Oft 1 .,.thly blsfs . A f nal NSM)rt Oft 11\Y or all of projects outH d abo• could be 1eted t "'" t s of t d of data coll od . I . . • • • -8- BUDGET The itas •nUoned in the foregoing proposal are budgeted as follows: u .. ~ Historical Analysis s 3.900 One-year St~ 16.200 Special Studies Algal Sensitivity 3.100 Sludge Accu.ulation 3.000 Short Ci rcuit1ng 3.500 Copper Coftc:M~tratfons 2.900 Total $32.600 Eldl of the ia. listed allow can be fundtd separately if funds are not available to purnt all of the studies si.,luneously. EXQ. USJ 0111 n. Pf'OI"• dtscr111H alloW~~ h foc~o~~ed on a lysh and COfltrol of algal gf'OWtft. te,. Eft tal u.ot KctPt legal respons Uiey for produttion of r.a dr1 f"' ttr. I . . • • • Willi .. M. Lewis, Jr. ~ry of Experience W1111 .. M. Lewh, Jr. is Professor and Director of the tenter fo,. Li~logy at the University of Colorado, Boulder. Lewis received 1 bachelor's dttrte in biolotr at the University of North Carolina, Chapel Hill (1967), and 1 Pti.D. dttrH at IHiiM University in Zoology and Matheutics with aphash 011 fre~Mter studies ( U73). Lewis has been with the Unhers i ty of Co 1 ora do faculty since 1974. Lewis's research interests include water quality, biogeoc.._fstry, aqu~tic productivity, and aquatic food chains. His present IIOf'lt witllf1t Colora• i..clYdes prepuatfOII of • c_,.w•she trophic status IIOdel of,,..... MDwttlflt .. senofr in S..it County, Colorado, -.fch follows an urHer proJKt tNt prodce4 • tropl\ic status -.1 of Late Dillon; the Late Dtllon _..1 h now used as the prf..cfpa1 .. ,..._nt tool by S..it County and by tile State of Colora• ilt dnetwilfftll •steloe.t allocatiOfts for the l.U. n. .. tMO l akes. 11 wll 11 others f 1t to1ore4o, are • ct~rrtflt focus of research Oft factof'l retuhtfftl a fci'Otlf a1 processfnt of ort fc •tt.er ht fresh •t.ers •• aectlaa f •s of nutrie11t 1 a it.atfOft n fre ter at,... Aho h1 Colora•. 1 · 1 stM4f .. c tea l c 1 in l~es at hft e1 .. at f01t rout t ut by • • •• 1ft ,., 1 • • • .. tttrs, and has ttstifft4 on nU~erous occasfons for the Water Quality Control C_.fssfon on IIMttr-qualfty issues. Outsfde Colorado, Dr. lewis has direc~d llljor rese.rch proJects on Lake Yaltnefa, Venezuela, and on the Orinoco Rhtr in Venezuela and Cot-fa, uncltr support frc. the lltionai Science Foundation. The scope of wort for these projects has included systell-wide data collection _..ttf .. ucl process studfts. Dr. ltwfs has sent4 on the Ecology and ECOSJSt.l Sbldfn Progr• AdvhC1r7 Panels of the lltionat Scftnet Foundation, 1M fl ,. ... tty a ..-.r of the .. tionat Au._, .. tionat bsearch Council 51• C.yon Owenftht C..itttt, •tch fs charpd with aciYfsfng the u.s. Bureau of llct .. tfCMI on tM operatiCMI of the Gltft canyon 0., and of the Aca*y's C..itt.ee • Irritati--illductd Mater Qualfty ProbliM, whfch fs hwestfgatfng •1•1• taatctty i• the Sa• Joaquin Yattey. 2 I . . • • • • • Western Envi ron.enta 1 Analysts, Inc. S~ry of t~e Host Relevant Recent Projects Re•r Creek Ba••rypir Clean Lake• Study Under contract fro. the Denver Regional Council of Govern.ents, and with approval of the Colorado Department of Health, we bave conducted the field sa~ling, laboratory analytical work, and data production for the Bear Creek Reservoir Clean Lakel Study, which is scheduled to terainate at the end of March ltlt. Tbis work involves biological and water quality &llel ... ntl in the lake and water quality and transport ... lur ... ntl in the watershed a1 a .. ans of estiaatinq nutrient loadin9 and nutrient partitionin9 for Bear Creek Reservoir. This il the only co.prebenliYe study of Bear Creek Relervoir that has been conducted 10 far. 41te QlllM ... ~re reaponaible for tbe delip, data collection, and data analy1is for the Lake Dillon Cl an Lakel Study i n ltll-ltl2 u n r o versit t . Th n d. o f l a c I • -• • • lake trophic status responses for Lake Dillon, and to conduct special studies related to lake water quality. Green Mpuntein Beaerygir Pro1cst Me are presently ca.pletinq a three-year study of the trophic status of Green Mountain Reservoir under support from the Sumait Mater Quality Ca.aittee, tbe Colorado River Conservancy District, and the DenYer Water Depart-nt . The objective is to quantify and break down the nutrient sources, to assess lake trophic status, and to provide detailed infor.ation on the present status of the lake. This infor.ation is to be incorporated into a trophic status 80del of Green Mountain Reservoir that will be used in the future for planninq purposes. Durint 1914, we conducted one-year sa.plinq pr09r ... on Stanley Lake and Chatfield Reservoir as a .. ana of establishin9 a de9r" of oxyqen depletion and the trophic status of these two lakes in relation to nutrient loadin9. ben fi fra. bypol tic oxyq at ion S I by lp Both of th se lakes hrou9h bo to. r 1 ••• Coor Co ra ion. •• .. . • t' 0 tr I • • • • .. have cooducted nu.eroua other projects in the Front Range area aad in the 8DUDtaina ower the past several years. Clients have included the following: Cotter Corporation, Ca..onwealth Edison, Metropolitan Denver Sewage Disposal District 11, Denver .. ter Depa~nt, City of Lafayette, City of Fort Collins, Su..it .. ter Quality eo..itt .. , Su..it County, Town of Frisco, Adolph Coon Corporatioa, Colorado .. ter and Power Develop.ent Authority, aDd othera. OUr work baa coaaiatently inwolved water quality, 1nteraetioa of water quality with trophic status nu.eric standards for surface waters, and ~lling. I • • -• • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE June 5, 1989 INITIATED IY STAFF SOURCE PREVIOUS COUIIC ll ACTION SUBJECT 1 1 (d) Property Acquisition, Malley Center Malley Center. Trust Fund Soard of Trustees Dr. Gatewood Milligan, Chain.~n luAnne Mic~elson, Malley Center Director Approval of Trust Fund expenditure in the unt of SlSOO for property appraisal . ACTION PROPOSED Approval by .otion to expend Trust Fund .on es to secure the services of a negotia - tor u reco.ended by [f191neer1f19 Services to act on ~half of the City on negotia - tions w th St. louts Partsh to acquire 75 fHt of property north of the Malley C nter . POSSIIl£ EFFECTS ut or ztd prt ntattv of S • louts P r sh have expresstd interest n 11 t pro rty to t City or £ng1 or us by th Mall y c nter . rty Is I • I . . • • • RECOIImllATIOII That Council approve by .otion the rec~ndation of the Killey Center Trust Fund Board of TrustHs and that Trust Fund .onies not to exceed $900.00 be expended to secure the Services of a negotiator for acquisition of property fro. St . Louis Parish. I . . • • • HISTORICAL BACKGROUND -MALLEY CENTER PROPERTY ACQUISITION Initially, the poaaibility of facility expansion at Malley Center caae up at a Truat Fund Board Meeting on Noveaber 4, 1982. This waa in relationahip to the Truat Fund Board of Truatees diacuaainq future expenditure goala for Truat Fund monies and apace at Malley Center in relationahip to proqra ... tic needs . Fitneaa apace waa identified aa the .oat preaaing need. The Truat Fund Board continued to diacuaa expansion poss i b ilit i es durinv aubaaquant -etincJ•· During this tiae, Mr. Ron Rinker, Architect for Malley Center, voluntarily provided soae initial blueprint• for expansion, baaed on apace requireaenta, for a Fitnaaa/Aquatica addition. Initially, the poasibility of an elevated fitn .. a center over the east parking lot, with additional facility to the north on the st. Louia play field wa s considered. Subsequently, thia waa ruled out for 2 reasons ; 1) coat of construction of an elevated facility and 2) the ex ist e nce of the City Ditch which runa through the St. Lou i a playfiel d, vhi cb preclude• any constructi on on th i s property . Atte nt i on tban turned to the St. Lou i a property, l ocated d i r e ctl y north o f Malley Center. Durin9 thia tt-, Elaie Mal l ey expreaaed i nterest in the poaaibility of property acqui a i t i on f or futur e expanaion of Malley Canter . She requ .. ted that a l etter be aent to her revardiftCJ the aaount of property nac .. aary a nd the approx iaate coat of acquirincJ the property . She forwarded this i n f o rm ati o n to bar Truat Officer at Colorado Nat i ona l Bank . (Apr il , 1987) I n Au9Uat of 1117 , Dr . Gatewood Mi lli9an , Cha i raan of the Ma lley canter Truat Fund, wrote to Jtev. aobart Dur:r i e , Paato r of St . Louia Pari ah, aaki ftCJ ¥bather the par i ah woul d conaide r the sale o f property f o r Ma lle y cant er expana i on . In Auquat, Dr. Milligan received word f~ Jtev . Dunie that h e fe lt there would ba • nuina i ntereet • on the part o f the financial co.aittee at st. Louia . The Cbainaan of the St. Louia Financial co-ittee, Andy y ea , raqu .. ted a -.tinq with the Truat FUnd Board on OCtober 14 , 1917. A poeitive and productive .. ati ng waa held at which St. Louia indicated atronq inter .. t in requeatin9 backqround information on Kallay Center that they could preaent to th ioca... Thia a do and Dr . Mil l19an rec e i ved wo rd on r 16, ltlt 8 • tou l a Pi n nc co i h d red paraiaaion o .. 11 7 r.. of p ope y. I . • • • Word wa• then received froa Elaie Malley'• Trust Officer that they would require a foraal property appraiaal prior to ca.aittinCJ funda. The Truat Fund Board voted at a July 20, 1988 ... tinq to rec~nd to the Envlewood City council that Truat Fund .oniu be expanded to aecure a foraal property appraiaal. Tbe council approved the r~dationr the appraiaal wa• done and forwarded to Kra. Kalley•a TrUat Officer on Noveaber 17, 1911. In llarcb, word waa received that epproxt.ately $70,000.00 would be 9iven by Kra. Kallay for the acquiaition of property. The .. lley center TrUat Fund further diecuued thia at a aeetin9 on April 6, 1919. It .a.aulcl be noted that in all converaationa with lira. Kallay and bar '1'n8t people, it baa been aacle very clur that no date for OOIWtruation oen be Ht and that acquiaition of property and aooeptance of tunda to do ao doe• not oblivate the City to OOIWtruation. It .-.auld further be noted that the Truat Fund Board wiahea to look very carefully at ~ity recr .. tion needa prior to aakin., any final cleciaion aa to expanaion, aa they view thia •• a ~1ty facility, not only for the uae of aeniora. 1/U/11 • • . ' • • • Malley Center Trust F~d Board of Trustees Meeting Minutes Thlrsday, April 6, 1989 Attending: Dr. Gatewood Ml11tgan, Evelyn Boom, Austin Gomes, Rita Hathaway, OrTis S~. Sharon Winkle, luAnne Mickelson Chalnnan Milligan called the meeting to order at 4:02PM. The minutes of the ~lous meeting were accepted as written luAnne report~ the balance on hand as of today Is $146,215.97, which tnc1UCIH the I"W'ch tnt.-..t of S 1,352. Evelyn Boom's t1m1 as trustH expires on April 20, 1989 Or . Milligan rte:Q11¥1WMMc1 that she continue, Orris 5....-s acgndld the motion, which w• PftWd ~imously Evelyn lndlcat~ th8t She will -=c:ept If the Pwtts & Recnation Commission n the City Cowv:ll .-ee to IPPOint her to .nother t~m~. luAnne Informed the commttt th8t Elsie M111ey 's trust for the center wtll be revot~ ~the S70,200• will be cton.t~ to be I..IMd for property acQUislt on Th«'e w 11 be no st PUiat on reglt'dtng the fut.,.. construe on of a facility T ming will dePend on when f"t's . Milley st the l)ll)trS In order for them to be closed out on the J 1 t of the month, ~ ld fwd n 7 ·10 • • • • Sharon Winkle has consulted Rick DeWitt, and Roger Fraser, Clty Manager, who recommended we proceed. The Trust Food Committee qeed that negotlattons with the St. Louts P•tsh Finance Committee for property acquisition shall begin as quickly as possible. They flrther qeed that the ser~ices of an outside negotlator, Mr . Scott McDowell, be utilized and that he, along with Trust Food Chalnnan Milligan, be the negotiation team . The usual fN for Mr . McDowell's services Is SJO per hour. Sharon Winkle will contact Mr . McDowell . All negotiations are swject to the approval of the Trust Food Committee. NTangements would be reviewed by the c ity attorney lf'ICI approved by the city council. Orris Sanlers IDQdSl that the Committee recommend to council that In the went the negotiated pu-ct\ase price exceeds the am<ult donated by Mrs. Malley , the balance of the cost for the property be pa id from the Trust Fl.nl Rita HathaW.y vcgodld the motion, which was approved wnM imMMIV · Orris 5..-.s JDmtld to recommend to council that the Trust Flftt pay the consultant's fN. The motion was MCgndtd by Evelyn Boom . and Jl)pf"OVed 001n lmous ly. After the property Is acqu ired. the Trust Food Comml ttH p t..-s to •r •.ge lf'ICI P-v f or MCUr lty, t e fenc ing. etc . AIYf rut~ factlt t y e xpans on woul d be dependent on avatlabtllt y or f iNs lf'ICI an tn-th t Udy or cOI'f'lfYUitty needS In t area or recr tonal r tt t MUl l JOU'Titd l tlng at I . • - ( • • • 13A ,, ol DISTRICT COI..RT. -.~.A~R>lo.IA~P;;.cA:uH;uOo~o~E..___cou NTY--------COLORADO C.o\SE ~0 . OivC1Rm jl il SU:\1:\JQ:-;S I SENECA INSURANCE COMPANY "· ENGLEWOOD URBAN RENEWAL AUTHORI aad RANDALL ' BL~KE, INC. Pl:ain1ifr Dcfndant Tbc People or the State or Colorado To the ~enclant(l) named abo,·e: You arc summon< 'II :and required to file wi1h the dcrlt olthis c:oun an answer or other response to the auached complain! within t,.·cnty (20) days al1cr 1hissummons is served on you in the State of Colorado, or within thirty (lO) d:ays :after lhissummons is served on you ou1sidc tbc S1a1c ol Colorado. If you f:ail 10 file your ansv.·cr or other response 10 the complaint in wrhins within 1hc applicable time period. judamcnl by dcf:auh m:ay be cnacrcd aaainst you by 1bc coun for 1bc relief demanded in 1hc complaint, wi1hout any further no1icc 10 you . Tbc followina doc:umenu :arc also served with 1his summons : Hcnt~. er-n, Jarvia, Jtol.cdny ' Mllrltua110n 1050 s.v.'lt..mh St. , 11700, Darlvu', 00 80265 This sum-111 is luue4 punualll to Rule •. CRCP, • a~. ( 303) 534-4800 A copy el the nmplalftl •1111 be Mr ed wttta tlalls••-· JtET\iR."'I OF SER \'ICE St aeol ------------------Counlyol I dcd:a rc under oath that I scrwcclthol s um ,.o 1 allcl a copy ol the complaint In 1hi1 taM on the dcfcnclut n -------CII'I nt)' on _ 11 --n:;-ac tkc followlnaloc:adon : 01 01 Ob 0 b lc "'"' '' woth the 4cfcnclant Obtl ------·· "- o. a; 'I !I I . . . - • I . • • . . • - ( • • • DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF Case N:). 89 CV SENECA INSURANCE COMPANY, Plaintiff, YD. ENGLEWOOD URBAN RENEWAL AUTHORITY and RANDALL & BLAKE, INC .• Defendant•. COMES NOW the Plaintiff, Seneca Inaurance Co., by and throu9h ita attorney•. Mont9omery, Green, Jarvia, Kolodny & Markuaaon, and alle9ea aa follcwc: CQTiflc.\TICit COHCINUNQ IWI),\tQRI AQltMTIOM Plaintiff ·• counael hereby recovery on Plaintiff'• Complaint of intereat and coat a, and that fro• Mandatory Arbitration. certifiea that ~le probable will exceed $50,000, exclusive Plaintiff ia therefore ex .. pt 1. Plaintiff, Seneca Inaurance Co.pany (hereinafter "Seneca") is a corporation incorporated under the laws of the State of New York, havin9 ita principal place of buainesa located at 111 John Street, New York, NY 10038. 2 . Upon inforaation and belief Plaintiff atatea that 811 ti•e• pertinent hereto Defendant En9lewood Urban Renewal Authori - ty (here nafter "E'UU") vaa a duly constituted urban renewal au I ority purauant to C. a . S. 31-2 5 -104 • with boundarha cote inoua with th City of Envlewood, a .unic pal corporati on . EURA in a n• • pr ncipal officea a 3400 Sou• la 1 'tr • , !n9l wood, Color o At all 1 r inafte • ancUn n9a9 "'01 South Wind I • • • 5. As to EURA the provisions of S 24-10-109, C.R.S. 1973 have been satisfied. 6. Plaintiff issued and delivered to its insured, Penn House Apartments, (hereinafter "Penn House") a Special Busineaaowner·s policy of insurance for a one-year policy period commencinq May 13, 1987 throuqh May 13, 1988. (A copy of the policy is attached as Exhibit A). Policy No. BOP 529458, (here- inafter "the policy") insures direct physical loss to personal property of Penn House. 7. By reason of the leqal obliqation imposed on Plaintiff by the policy, Plaintiff is required to pay an amount in excess of $50,000 to Penn House for damaqe to Penn House· a personal property caused by the Defendants" neqliqence. 8. The policy provides that in the event of any payn~ent, the Plaintiff shall be subroqated to all Penn Houae ·a riqhts of recovery aqainat any person or orqanization. Plaintiff has a riqht of subroqation to recover the amount of the loss ao paid under the policy and caused by th~ neqliqence of the Defendants. 9. In 1986 the EURA initiated a construction project to rechannelize Little Dry Creek. A portion of Little Dry Creek flows behind two of the buildinqs which constitute Penn House apart.ents. In Septeaber 1986 EURA, throuqh a condemnation action, took te~rary possession of a .. all portion of a parkinq lot area behind a Penn Houae apartaent buildinq frontinq on Pennsylvania Street for the benefit of EURA and Randall 5 Blake and to facilitate EURA"S construction project on Little Dry Creek . 10 . EURA contracted with Randall 5 Blake to per!ona the construction work at Little Dry Creek . I -• • • the skimmer and other plumbing mechanisms on the Little Dry Creek side of the pool were severely damaged. 13. Randall & Blake "• negligent conatruction work reaulted in a major cave-in of the Little Dry Creek bank in June 1987 at the aouthweat corner o~ the Penn Rou•• apartment building clo•e•t to the ongoing con•truction. Con•iderable ground gave way, expo•ing the foundation of the building. All o~ the underground Public Service cable• which enter the buildin9 at that location were ripped out, the tran•former in•ide the building blew, and the elevator ahort-circuited. The elevator aha~t ca•ing for that building waa diaplaced by the cave-in and hae been further dieplaced by the conatruction. Since the cave-in, the elevator haa been grinding and bwllpin9 and require• aajor repaira . The cave-in further contributed to the daaa9e auetained by the buildin9a and pool area . 14. EURA took le9al poeaeeeion of only a aaall back portion of the back o~ the Penn Rou•• parking lot, yet Randall & Blake and/or EURA uaed the entire lot in conjunction with conatruction operation•. A lar9e crane waa parked aeveral feet froa the back of one of the Penn Rouae buildin9e and heavy truck• and aachinery pulled in and out of the lot. Aa a direct and proxiaate reault of auch ac:tivitiea the lot waa excavated, the pavin9 deatroyed and the 9rade altered. 15 . Randall ~ Blake had a duty to Penn Bouae to perfora the c:onatruc:tion operation• on and near Penn Rouae • • property in a coapetent and worlalanUke aanner. llandall ~ Blake "a ne9U9ent conatruction operation• are a direct and proxiaate c:auae of the daaa9•• auffered by Penn Bouae. 16 . IURA actively auperviaed Randall fo Blake and at tiaea directly participated in the conatructton operationa . roua IVIlA eaployeee vere conatantly at the eite inatructin9 and directtnv llandall fo Blake in the conatruc ion operationa . IURA had • duty to Penn Rouae to eneure the the vork perfol"aaed by Randall fo Blake vaa done in a c ent nd vorkaanlike anner . EVRA ·e n tl1tent aupervieion and partie pa ion in the Little Dry Cre k proj c:t 1 • a dir pr-oxi c:auee of d at • auffered by P nn Rouee . I • • • A ]-'_-- WHEREFORE, Plaintiff praya: 1. That it be aubrovated to all ri9hts of Penn Rouae aa a9ainat the Defendant• for damave to the property of Penn Rouae, and for judv-ent avainat the Defendanta. 2. That Plaintiff receive it• coata herein, and auch other relief a• thia Court •ay de .. juat and proper. PLAIHTIIT IlDDY DDIANOS TRIAL BY A JURY 01' SIX (6). Dated thia 1:(~ day of May, 1989. Reapectfully .ubaitted, JION'I'coMnY, ORUN, JARVIS, JCOLODNY & IIARJCUSSON ~·¥trw~>= O.nnia H. Markua•on, U67to 1050 -17th Str .. t Suite 1700 Denver, Colorado 80265 (303) 5lt-4800 AT'l'Oitllna JOlt PLAIIITIR aa.t'.A IIISUaANca CDIIPAII!' Plaintiff ·• Addreae : 7too laet Orchard aoact Suite lto En9levood, Colorado 10111 I . . SP EC I AL R E P 0 R T: Public Attitudes Toward Garbage Disposal • • • A mericans generate growing quantities of garbage. Each day, according to the Environ- mental Protection Agency, we produce 3.5 lbs apiece-over ISO million tons per year. That's enough to cover 1,000 football fields with a building 30 stories high. By the year 2000, EPA predicts that this amount will incNue to 193 million tons. / I . . By 1995, alllllndfills in N~w York Slllt~ will r~ach thtir capacity and clost. • • • A 1 current r"tc<. hcmeHr. there m"~ :wt to.: man~ place~ to put e>ur prhage by the ~e~r :;(l((), F3ce J "nh me>re ~lrin~;ent tO\ ironmcn ta l rc~ul.t i<>n<, rr.an~ l.ndfill~ ("hich no" rccei'e S~ percent of the Cl'Unl r) ·~ •<>hJ "a;tel arc cl<>•ir.g their ~ate~. Con ~i dcr the-e t \~mrlc<: • In C<•nnecticur . otficials at the Dcpanme nt C'f En' iwnmenral Prorecti<>n ha' c calculated that ma>t of the ~tate '~ landfills can op.:rate for <>nly t"O more )Urs. Already. ~0 rcretnl of all <oh J "~tes :arc deposited in only nine major bcilities: 8 of the stare's 169 citie and tov.ns mu .t ship then ruhbi>h to other jurisdictions for di•po<al. • Since 19';6 , the numt.:r of landfills in ~c" Jer•e)' has detru~d frC'm more than 30010 fe"er than 100: I::: of the se sires nov. pro' ideo' er 90 !'(rcent of the Mate's remain ine capacit)'. Faced ""han acute shonace of di spos:al pace . II counuc s mu<t send their £3rh3£e tO OUI ·Of·SI3tC f:ICtln ic< 0\tr half of the state's refu<e is prc<entl) "t\poned"to other rtJions. • By 199S. x ordanato the ~c Yor\ Sta te Lt£t<la- rhe Ct'ITlmi~ ton on Sohd Wa<te \lanascmcnt. all landfill cumntl opcratana ,.nhin the tatf ,.,)) reach thetr Caplet!. and C~ \Ifill" ht~. III('C 1982 . the numt.rr of facrlni« has declined from SOO to fc,.cr tllan ~70 . Onl) one rntcnm nc has oprncd I • ,. rec~ ckd : .,, ·~h ~nh ~r c ed rut-lie p~nicipatic-n and e-ther rffon<. ohl' !"l fJ T~ ma~ reJ.:h a' hifh a ~0 N ~5 ~rcen l. R :11h ~r th J n a.:crrtthis ~rrn>ach . ho"e•cr. many r~c-ple rem.> in cppm rd tl> 1-uiiJing additional la'ldfills cr "a~tc·tC'·en er f ~ pla nt . Su h anitud~s are often incc-n· si<t~nt · a l.~r g r ~rt'u p clatms to fa• or the 1dea of allo" · ing <ta te or feJeral olficials to 01 rmde leo. a I oppo~ition t>ut then '3) th .. t they. too. \\Ould ot-jrct to ~u c h deci· sions : "h1le acl.no" leJ~inJ that recyclinc can reclaim lc s than hJif of the count!) 's "utc. mo~t Americans ~licl'c that '' offrrs the l>est solution tO current capacity shonagcS . C/o ar/y. 1/1~11 . Slling IICW '"lJir matrOSOII(/11 fanlitirs-r ct )cling ctmcrs. "mlt·IO ·~ner.~) plums and /andj il/s-has buomt a major public pnlic) is.<11t in mOll) Jlwrts omd lncalm<'s . :'\S W:'\I A 's O p inio n Research To unJrr rand ho" this is uc has dc:•d<>~J . the :-.l111onal Soltd W tcs ~bnl£erntnt AsS<>Cr•llon conduct ptnodtc <>pin ton su11 C) s "hich focus on sicmficant pch ) que tion : Ho-. ~riou i the sarl>lae d1 poql protokm tn ) our commuM) ~ Ho-. Jo ~ ou rank • • • thi' prc-hlem in cc-mpari,C'n "it h c-th~r imponant I<" •I que>tiC'm ~ Do bnJfills <'r "J'te ·tO·tncrH p!Jnt< ro<e 3 >i~n.ii .~nt threat to the rn• ironmem! What >tcps >hould poht1ca l c·fficial' t:.l.r to :t>~ure adequate" J!te m>na~~ mcr.t capac II~ and en• ironmental prot~ction~ :\S\\'~1 :\"s polling i~ carried out by a ~<dJ.I.no"n research fimt. Camt-rid~e Rrpons. "hich ~I'<' ializes in en• imnment31 is~ucs . In 198!1. three 'u" e~ s "'ere completed: a telephone poll of 1.500 random !) ~elected aduhs in Fet>ruary : telephone inquiries in~ oh inc~ "<>pinion le3ders" in ~far h: and face-to-face intt111e"s "ilh 1.500 Americans in July and August .• All of thr'c studies rr• ul the rrm;ar~ablc dt£ree to "hich ~e>lid "as;e hanJiina and disposal ha• e become a maj<'r policy concern. E n,·ir on me nt a l Altitudes Ha 'e C ha ngrd Chan£ inc' ic" son solid "'astc rrnce1 a l:oroadfr c•olullon of the country 's o~erall anitudc:s to.,.arJ the en• ironment . Herr •s a umm:ary of ho" that e• e>lution has taLen place: What Is the Country's Most Serious Environmental Problem? (perunt of responws) 1111 11117 11111 11115 1~ 1913 14 13 14 11 20 22 10 1 • • • • l l l 2 2 13 11 ,, 10 11 10 • 5 • s • 5 5 4 t 2 l l • 4 5 5 4 II 2t 21 21 n • 7 • 7 • • • ' l l • I • • B~ttt·~~n 1981 and 1988, th~ numhr of ~opl• who f"l that ground'14·at~r pollution has buom• a s~rious probl~m gnw from 28 ptrunt to 54 p~runt. • • • Throughout the 1970s. rut-li e att en tio n "-3S l:Uftly directed to" ard reduc ing air roll ut io n :mJ indumial dis- charge~ io;to lal.cs . ri>ers and ,ueams . Fr om 19 , ~to 1988. ho"e' cr. the numt-er of rec-rle '' ho liHed Jir emissi on~ t-y in dustry as "the ;in~le mo>t impon:mt en' iwnmcmal proNem in the co un t ~') tc•hy" drc•rred from ~2 percent to 1~ percent : SJrface "ater J'('llution b)• business ~nd industl')' rema intJ s tead~ at about 11 rcrcent . ~lean-.htle . haLardCi us "aste-and its un seen threat to our drink in& "ater-moHd to the top of the lis t: around ~0 percent of the ,eneral public now relie"e that to,ic "aste di~posal represents the greatest dan~er to en' ironmental quality . Retlectina this htft . public attention has t-e,un to focus C'n iround•uttr. In 1981. only 7 perce nt of American adults t-elie' td that "most under&round sources of "ater" had been contam inated "ith chemicals or other pollutants. By 19 6 . th is r.,ure ~d risen to II percent : since then. it has increased dramaticall) to 22 percent. ~lean "h tle. beNeen 19 I and 19S8. the total number of people "ho feel that ,round-. ater pollution has becc-me a serious prot-lem ''e" from ~8 perctr.t to s~ percent . How Serious is Groundwater Pollution? (p ercen1) 1988 17 86 as a.. S3 11 StfoO~S 54 so 3i •o 37 29 21 Str eus 30 31 3& 3S 32 3i ~ Ooll1 f't,v 13 17 23 21 29 29 25 Ol r 3 2 2 2 3 3 Cro-lna Question bout Solid \Ya 1e I • • - • • Problems Facing Local Officials Problems Facing LoCI I OHiclals (Jiltyt I, 1111) St • • • • Improving Public Edut1Uon 0 Assuring Adtqullt G1rb1gt Dispo111 0 Exp1ndlng Pollet 1nd Fire ProlecUon F·gures r P'IHN pe•c1r~ac;1 of respol'clr!s v.ho rar d t 111 p•cb e:ors u ·~~;rerrely ser·o~..s· on a • I'I·CX:1'115CII I . • .\lost p~ople u~m to pr~f~r tt·ast~·to-~n~rgy tuhnology o•·~r landfills-ra,.,~ly buause they Hline that landfills may cause grormdwat~r C011tami11atio 11 . • • • Building New landfills (p~r cert) Favor Oppose Oon ·t Febr uary sur:ey J uty,A ug~sl survey 30 20 Mo$1 rtg ior.s reflect nation11 tr end s D Fa vo r 00ppose 62 65 Know 8 15 D Don ·t Know I . - .. Building Waste-to-Energy Plants Fi ve r 36 (pe rc ent ) Oppose 47 Sli ght d•fle rences amon g reg ions D Fa vor 0 0ppcse Oon·t Know 18 D Oon·tKnow • • • Who Will Break The lmp a~s e ·! Alm o~t ('n C·third C'f tre r'c•rl~ mdu.!eJ in ('J r J uly •un c y brl ie'e th at fcd erJ I "' ;t~te c•lti;-i.:, <h l'u iJ l~5 ume re~po n)l b i 1 i t~ f,•r ~ittn g: n~'' d i'-rt"''Jl fJC1 ll t ie s "hen IC'Cal o rro~i t i c>n pre \ ent; <U( h f .• CI Iill c< frt'm toe ing but II. Overriding Local Opposition (pe rcen t ) Fav or Oppose Don ·t Know July /August survey 33 D Favor O oppose • EPA officials tstinratt that rtcycling may grow by anothtr 15 puctnt o•·tr tlrt ntxt fi•·t or ttra ytars. • • • Why :'\ot Rec~ cle EHr~ thing? At pre•enl. EP .-\ officials e<timate th:.t ar0und 10 rercent c-f the c.:-umry's ~ohJ "a~te is rec~cled anJ 3nC'Ihe r 15 percent m3) t-e rec13imed as lc>cJI prOframs 1-ecome stronge r oHr the ne~t fi,e N ten ~ears . Suppcn for such effons is" ide~pread : in FebruJry. i O rerccnt of the population asreed that "reO:) cling CJn sohe much of the so lid "'UIC dhposal proNem": m lu i~ and .-\u~ust, S~ percent uid that ""' e could make a suhtJntial reduction in the amount of ~ohd "'aste if the nation made a major commitment to rcc) cling :· When as~cd how much of the country's \loUie can 1-e rcc~clcd. re<ponses ':uied "idcly: How Much Can We Recycle? Percent of 1uste stream 0 1-25"', 26·50", 51-75'~ 76·t00'} l~t sure 4 27 26 12 6 13 Percent of responde nts· rnpo11$t • u pe rcel't of u te st rum • • • • '"--'"-....;;::::'------=--..,. --------- 1 ¥1WMtR!*d I rye;r Percentage Of Waste That Can Be Recycled: 1·25 21·50 51-75 78·100 Not % % % % h~ 30 -- 20 ----1 o---i NORTHEAST 30 20 10 0 Pe r c:ert~ of Responde rrts INDUSTRIAL M ':'"4 6 NATIONAL MIDLANDS I . . Wlro slrould pay for rtcycli11g programs? Public respo11se /rifted abmpt/y i11 1988. • • • Who Should Pa~ F o r Rec~ cling? Pt"rh .:.:r ... t ~l! nll.) .. t 'i~mti LJ!ill :m !;~ .n rL h!•.:- Jtti t uJ..:!I tO ',\..a .. J h:\7 ~\.·Jm~ l:i\C'h" h ll\\. "U ~h rrl.'f.f .: :c; ml£h \.'( fir.an ... ~J . 0 J r :n ~ ~\'1h <.fou r £C r .. r.ll"'~.of\l!:'· re'~'n d enh '' rc: .!'-k~J thi' "l\Je"'l10n: ··Th: '.l•c fr('C~l c-J ''J'te m.Jttnal '-. ·..:~,.h.!' r J;-... r 3nJ ~b '· ml~ r.c1 "")v.J~S ~ ..t~ll! to ~o.V\~f the 170 .. ts C'f a cc·~lmu nll) re.:~ chng pr• ~rJm . Whoch c·f !h e fC'IIo"mg "a~ do ~ou 1hmk "<'uld l'oc 1he l-.:<1 "ay 10 pa) fc.r 1he co-1 of J ,,mmunil~ r ~-~cl on!l prosr3rn ! · In Fel:o rul:y .• t-C'ut C'ne-4u3ne r <1f lhe ml~n 1e"~e felt lha t •honfJII in re,enue< from •clling rccl .. :m ed male ria l and mhc r ~ot.rccs •hould t-.: made up by k' ~ ing la\es C'n pa r~aging e>r n onrec~ .:lal:ok orlmC\Ji- lic•. lhc arne numl'Cr ~he' ed lh•tta\e hould t-c im po•e..t on 13ndfill u ere . Sl\ mor.lh la1er . 1h '" pr('ponion ha.1 ~h1f1e..t d:amali all~: Paying for Recycling Programs Or C~e·ce ) Fe br ~trJ Ju 1 / u o ~st 26 17 7 12 11 19 I . How Should Recycling Programs Be Paid For? Direct Household Fee Don 't Know •J -----·---·---- 3) 2J , ') Pt•e • t Fl IX • t 35 I ' 18 r-- r-· 15 11 NORTHEAST l - • • • 20 0 Po·ce·.t of Rtspot>derts 17 11 umuSTRIAL 15 r- 17 f---~ 12 11 HATIO"Al I" MIDLANDS • • • • Conclu ion Cle:trly. mc-.. t ..\J ~er'cm!i re .. o~r"IC' t~~~ f.!.Tt'-lfe dt•rc•JI ha~ h<.c:•me J ,i~n:I~C"~I r:<·~· m Jr.J :,;~ hne:s1r~:~ ,n.:Fr1~J :o h(\IJ ._.-~~ ic C"ft)ciJJ~ rcc.p... n .... t-e fN lindt~g • e>rl J!-le <c•lu:i,,ns. B!.t 11 11 ~ .j •J<lly, l<"r th~t t~C) ..re J ~e t reluctant !L' ~c ep the r:eJ f.:>r r.e•.• dt•ro•:;l factlll ic s. As a re•uh . put>ltc :.:tentic·n no.<· tC"ih.1s to foc us C\, contro,erje o'er Jilml. r~thcr !~!'1 en ho" k>c<t 10 tmrlcmen t an in tegr:.:<J "a<le man age· men t ~ te m. Bre;,..l.ing oc t of the curren t impas~e rep;e•en:s a •isn.li !Il l rohtinl challenge. To mee t th is chall~n6e. rut-:ic officials rr.u t re!) ur<•n sreate r coc•p.:r;:t:o1 from memt-ers c f indu11ry. 1 e en' iror.m mal ccmmun11y. loca l re•tdent an J othe r re•rcn11b'e mizen~. \\'nho•t •uch cooperation. di<.:us ion may toe.: me in rusin£1) poi3Jized and propo•eJ re•ron .es m y N me trcrea • tn&IY unrulimc .. \nd tha t "'II ~eT\e no ,~e· intere H. ~cause m:tna£in& <(I ltd "' te is a funJ men:al rc•rcn· tl:>tlity hl(h Cil'l be: •fd) fullilleJ . I . -• • • Verbati~ Transcript -IteM 14Bi, City Council Regular Meeting June 5, 1989 Koltay: Your Honor, I have one it~s that I'd like Council to be aware of. As Council is aware, I a• a MeMber of, I sit on the Housing Authority . One of the it~s that ca.e up at the last Authority .eeting is the use of a Municipal lease in financing housing, or at least financing projects regarding housing, and one of the it .. s that, this was brought forward was by a group from WHERE -WHERE is working in the area of 3075 South Santa Fe Drive which is the trailer parks. And this MUnicipal lease it .. , I think, is an it~ that should be brought before Council. I think it's one of the it~s that we, as an au - thority, had SOMe trouble trying to evaluate but I also feel it is a new vehi- cle for financing. And I would just ltke to quote one of the iteMs on here: •ustng .untctpal leasing to finance affordable housing is relatively new and not well understood by poltt teal subdivisions or non-profit organtzat tons. Thus, while there ts an appetite and an understanding of these investMents by investors, this approach wtll require education of govern..nt officials, and board and staff ..-bars of non -profit organizations .• What this really comes down to, your Honor and ..-bers of Council, ts this ts a way tn which, using a .untctpal entity -the City of Englewood's na.., -, an organization by getting funding frc. investors is able to totally reMOve that property frOM the tu rolls. The only thing that the City or the Housing Authority or anyone has as an obligation ts to allow this party to use their n .... And I have asked that Rick DeWitt review tt. I haven 't had the opportunity to talk to hi• if he has, but I think it ts sOMething that Council ..-bars should all be aware of as a new financing tool that 's entering the .untcipaltty. And I think we will see tt tn other .untctpaltt i es . Rick, I would ask you at this point, dtd you have any c.,_,.t on t t . DeWitt: When I looked at tt I looked at the property tax issue . And there is s.,.. question tn ._, •tnd whether tt would tn fact be txe~~Pt frc. property taxation. Uh, there ts not a st•tlar case tn Colorado on the issue, but in ~ •ind tn dealing with other lease situations of public property, I think there h certainly a question there . The County would be the final deterMiner of that on an ldMtntstrattve level . So I think there ts a question on that , and I think IIQbe the people who are -orlttng Oft this tra11saction should tddress that issue .ore thorougllly . ChytOft : ~toter. could you be a Httle .ore specific -what ktnd of situation would this be? t t p rty r t t . ' . I . • • • • Clayton: So we would be, sort of be like setting up a tax exempt neighborhood? Koltay: Correct. In ~ interpretation, as a laYMan. Clayton: Can we do that in ~ neighborhood? (laughter) Koltay: Well, I think what the situation is that when it ca.e to .eon the Authority, I sit in two positions here -one, on the Authority, I see it as an excellent avenue for financing. Fr011 the City viewpoint and fr0111 the Coun- cil's view point, is that this does re.ove pieces of property that we current- ly are getting tax revenue fr011. There s ... s to be this question, but I'• convinced that it's been done favorably in other areas. What I foresee is a nu.ber of children in the ca..unity that attend our schools with no tax dol- lars c011ing to the schools -in fact there is a stat ... nt in there of an •in lieu rate• being paid, _.ich is •inor in_, opinion. And I think it is SOIIe- thing that we as a Council need to be aware of. I .. an, it's totally new to ... and I think it's s011ething we're going to see entering into our political spectru. everY"here on ways to ftnance projects for one reason or another. If anyone .auld like a copy of it, I'd be happy to have copies of it distributed. Clayton: I'd like a copy of it. • la • I . • • • • Verbatim transcript -Item 14Bv -City Council Meeting, June 5, 1989 Clayton: Yeah, just a couple of things. You all got my note about concrete -I'd like to ask how you feel about that. I think our residential concrete problems needs SOMe, need to be addressed. I again would like to urge that we try to assign sOMeone to identify the hazardous concrete that is absolutely in need of replace.ent and write some letters to the owners and urge them to re- pair that this su..er. You know it's the beginning of the summer now, this is a good to work on that. I realize the budget would be a good time to discuss this, but that's the end of the su.mer and we're coming up on winter. I think we can write a letter to some folks at minimal expense and get them started on working on this. At the very least I'd like to ask that this be put on the study session agenda in the near future and we can discuss it then. The other it .. that I have is that, you •ay have read in the papers, the State Division of Parks has turned down the water slide proposal for Chatfield State Recreation Area, and I know Gary has expressed an interest a number of times in his fHling that the City should do a water slide . The reason that the water slide was considered at Chatfield was that I presented the. a proposal and have worked with them over the last five years on proposals for a water slide at Chatfield or Cherry Creek. It looks to be and •Y partners at this point that that's down the tube. There are a nUMber of folks on the Division of Wildlife that feel that the water slide is a good idea, the vote was 3 to Z. The Corps of Engineers shot this last proposal down for a variety of rea - sons, and It's probably going to come back up, but I think it will be five to ten years before it does . If there is any Interest in doing something like a water slide as a City attraction , now would be the time to do it . If we wa it a couple of years someone else will . And the reason I bring this up Is that the International Association of Mllsement Parks and Attract ions, of wh ich I • a ....,.r, Is holding their 71st annual trade show In Atlanta In Novetllber, and I would ask that Council give some thought to possibly sending a couple of us to that to bring back some lnfonaation on some of the current, state of the art water slides and so forth that are available , and we could maybe give some more thought to that. Hathaway : What time In Movlllber Is that? Clayton: Movlllber 15 thru the 18th . Hathaway : Cause, NLC conference Is also In Atlanta , but I think H's th kend after thanksg iving. Clayton : Ye h. y ah . t r tums u z. thos 1 nes that uld s n Otnver or ••• r r at r slid . v r n do rld t • 1 ul. l It 's ry I • • • ,. • Hathaway: It's not just a water slide, it's a whole water use complex. Clayton: Yes, it's a whole water use complex. to share with you a little, we were going to go with a $10M project at Chatfield over a five to ten year period, uh, it's very, very profitable, so if the City, if you guys think we ought to look at that, now is the ti~ to do it. If we wait another couple of years, South Suburban or lakewood or SOllie private money wi 11 do it, and it will be gone. Kozacek: Sheridan has tried to ca.e in with one down along the Platte River where Elitchs was going but the outfit that was going to cOMe in there has put a kabash on it for now .... Clayton: Well, I think the force within Sheridan, or s0111ething like that is gone too. Van Dyke: Well, I encourage you to do SOllie ground work and get s0111ething going. Clayton: Well, let's think about this and if we get close to Nove.ber or if we get close to budget, this would be the place to go . They're the people that have the infon.ation and costs, and so forth, if we could do that . • c .. I REroLUTIOO 00. 6J &, SEmES CF 1989 - • • • loliEREAS, nuclear weapons threaten our planet and its varied life forms with massive destruction; and ~, the continued accl.mllation of nuclear weapons casts a dark shadow on the future of our children and grandchildren; and ~. the United States and Soviet Union control 95\ of the world's nuclear weapons, and other countries are in posiM!Ssion of nuclear weapons and the capacity to de'll'elop them; and wtDF.AS, the United States Conference of Mayors passed policy in 1985 calling on the President of the United States to neet with the President of the Soviet union for the ~ of working in concert to find a joint solution to: .re&x:ing the threat of nuclear war, by accident cr design; .rewrsing the ru::lear arms race; .preventing the further proliferation of ru:lear WMPX\8i .outlwinq the further oonstruction, testing, and dlplo)want of nuclear apons; • pn!"ooenting the cillploy.nt of offensive ru:lear loiMpONI in Qlter ~pace; .~ tlw area of fb:lear rr. ZOnes Cl'l tlw earth and 1n tlw u • I • • • ~~ the Mayor's COnference in June 1988 passed a resolution in ~rt of a ~rehensive Test Ban; tOi I 'l'lfEREF(EE I BE 1T RESCLVID BY 'niE CI'l'l( <XlKIL (£ 'niE Cl'l'l( r£ fl!G.MXX>I ~ THAT: 1. 'lhe City of Enqlewood SURJOrtS a ~ive Test Ban. 2. 'lhe City of Enqlewood urges President George Ek1sh to reaffirm and reoamlit our~ to finding aolutions ""ich will praaote DUl.tinational. baminq and total recb:tiaw of nuclear stockpiles. 3. 'ftw City of Englewood c:alls m President George ~. General seaetary Mikhail Gorbactwv me! Pr~ Minister Margaret 'lbatcher to FCJIPUY oonvene the aMIAei&t ocnterence u recJ1i.red by the ~t proceclJre of the Partial Test Ben Treaty • .NXP1'!J) All) APPR:M!D W. 5th day of JUne 1 1985. Ala 11&\ldit, oouncllpenon Gary t. m. ocuncllpenon htilcla it &OW, City d;rti t, PMaJCIA H. 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