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Home My WebLink About1984-12-17 (Regular) Meeting Agenda• • • City Cou ncil Meeting -~ December W.., 1 984 /~ 0 • • .. - 0 0 I . • • • • - ( AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEM BER 17, 1984 7:30 P.H. l • m~ll~ Invocation. Q IA\ / lcf4 Call to or d er. 2 . ~3. Pledge of allegiance by Boy Scout Troop #115 and #154 . 6 . Roll Call. Minutes. (a) Minutes of the regular meeting of December 3, 1984. Pre-Scheduled Visitors. to 10 minutes.) (Please limit your presentation (a) Hr. David Beecher of Westminster and Ms. Barbara Matthews of Denver will be present. Hr. Beecher will be pre- sented with a Citizen's Award in recognition of his courageous action in the rescue of Ms. Matthews in an automobile accident in the City of Englewood. (b) Hr. Bill Taggert, McLaughlin Water Engineers, and n Stu Fonda, Director of Utilities, will be present ,_.x to recommend the award of bids for the Union Avenue .• I'll~ k . ~ Pump Station project to Lillard and Clark in the ~ ,;:[llffi:::tJ.~ ·"'. ~~. Non-S<h•dul•d V1•1<o<o, (Pl•••• 11•1< you< P<•••n<a<ion ~ ~; to 5 minutes.) ~ 8. Communications and Proclamations. (a) • Letter from Ms. H. Becker concerning her resignation from the Planning and Zoning Commission • • I • • • • • Page 2 December 17, 1984 Agenda 9. Consent Agenda Items. (a) ( b) (c) Minutes of the Englewood Housing Authority meeting of September 26, 1984. Minutes of the Urban Renewal Authority meeting of November 7, 1984. Minutes of the Plannin g and Zoning Commission meeting of November 20, 1984. Ordinance on final reading approving an intergovern- mental agreement with DRCO G establishing a centralized fire fighter recru i tm e nt /t esti n g pro gram at a first year cost of $1,542 to the City of Englewood. Ordinance on fi nal rea d ing approving the Lan down e rs Extended Service Area Participation Agreement to investigate facilities needed to serve properties on the periphery of the Highland Ran ch Sanitation Distri ct. 10. Public Hearin g . 11. Ordinances, Resolutions and Motions. (a) )ll {Jy I ~J> Recommendation to approve a Resolution expressing opposition to the sales tax simplification legisla- tion concerning the elimination of local control of municipal sales and use tax and control of sales and use tax enforcement. r{) !J ~t.---.I\~ 0 • ( b) (c) Resolution to authorize the purchase of 3300-3310 South Broadway which is needed to realign Floyd Avenue to the east of the South Broadway intersection • Recommendation from the Public Works Department to approve an easement to the Public Service Company for the installation of a gas line at the Bi-City Wastewater Treatment Plant to serve the proposed north return activated sludge pump station. Resolution to amend the 1985 budget and appropriate $10,000 for a coupon "taxi services" to provide transportation for elderly citizens. (See study session packet.) I • • ( • • • Page 3 December 17, 1984 Agenda 11. Ordinances, Resolutions and Motions (Continued). 12. 13. (e) ( f) Recommendation to amend the 1985 budget and appropri- ate funds for a part-time Property Custodian in the Police Department and to make a current part- time clerical position full-time in the Library Department. Recommendation amending the 1984 General Fund by transferring $1,000,000 from the General Fund Reserve to the Special Construction Fund and amending the 1984 Water Fund by appropriating $10,000 from the Special Construction Fund to the Water Fund for the purpose of funding a review of pertinent data re- garding the sale of certain McLellan Reservoir property for an easement for the C-470 Project. Recommendation from the Court Advisory Committee to approve an amended Bill which provides a process for the appointment of Associate Judges. Resolution establishing the 1985 annual salaries for City Council appoint ees . City Manager's Repo~tL)_ ,,-• ~ ~Jt!i) -~ City Attorney's Report. -~ ~ '"6 ~ ~ c----- 14. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice .~•~j... ~-~r ~(f'·tr~~ 15. Adjournment. /)~JJr;(,;. '11A_~ ~ d-~ tl,,,,; Y'4._, lf~DYMC COWN . 0 City Manager ~ AM /sb 0 . ~: 5·5 (j1f'rl I • • • • - AG EN DA ITEM ----PRESENTE D BY ------ Cul,_~ '6 ~ V'V\ (J {)tu ~I~ rp ~ ~ ~-tf-t/5"d-l~f r ~ JAclt- ~~ (Jn L e PlAfk_ ~/ fa_ 1f< ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav Neal Vo be1 d a Weist Bi lo Bradshaw Otis MOTION: I . . • • • • AG ENDA ITEM _-/_,_ __ _ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hloday ...... Neal v Vobe1da v Weist ...,.....- Bi lo v Bradshaw v Otis V' MOTION: I . • _.--/ AGE NDA I TEM "-._ 6 C1-- Moved Seconded 111qaay Neal Vobe1da v Weist v Bl lo Bradshaw Otis MOTION:~ Au-el~ tf cJ // • ROLL CALL • • • PRESENTED BY -------- Ayes Nay Absent Abs ta In l I I I I I '-- I • • • • AGENDA ITEM PRESENTED BY ------------ ROLL CALL Moved Seconded A~s Nay Absent Abstain HloClav v Neal Vobe1da I Wei st ,,,,..... Bi lo I Bradshaw Otis \ '\. MOTION:~ I • • • • • AGENDA ITEM 0 b ~"'------PRESENTED B Y ----- AJ-nui<L 13;_;_;JuF l?;e_£~ -a dik ~ ~--o ~~~ . -~~l"-~~-r~~ ~~~~~1 ~ -~76 ~~1~cs~ ~~ _ UJ 4S t~ ~~o~~~~ cJ:_~ cT~ - -~~ ~~~"' ~-/l--<> ~ -Cn-u_~~;c,...W~~~~; ~ ~ ~ ~ o· .lL: --ROLL~ Moved Seconded Ayes Nay Absent Abstain Hlqaav ' Neal I Vobe1da I Weist I v Bl lo I ....... Bradshaw \ Otis MCYrION:~ ~ r /,(.A-Ps ;t cX~ y~~ /, Z-6/, 6-z.( • I . • • - AGENDA ITEM -----PRESENTED BY--------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQClav I ,_.,..,. Neal I Vobe1da I Weist I ,__. Bl lo I Bradshaw Otis MOTION: \ ~· I • • • • - AGE NDA ITEM (o la A.& PRES ENTED BY --------- ROLL CALL Moved d d Secon e Ayes Nay Absent Abs ta In n1goay Neal v vobe,da Wei st Bl lo v Bradshaw Otis I • • • • - - AG EN DA ITEM PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -Hlgday J Neal I Vobe1da I We I st I v-Bl lo I v Bradshaw \ Otis \. /h /\.. I • • /1.A--R-J. • • • • • AGENDA ITEM q ,fl _e,_ PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTaday \ Neal J Vobe,da I Weist I ..,..,, Ai lo v Bradshaw Otis \ I • • MOTION :~ • • - AGEN DA ITEM II ;-PRESENTED BY--------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... Hiaaav l Neal I Vobe1 d a I Weist I v Bl lo Bradshaw I Otis ' MOTION: • I • • • • • - AGENDA ITEM (/I b PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abs ta In Hlqdav \ Neal I Vobe;da I Weist I v Bi lo T v-Bradshaw I Otis I MOTION: I • • • • • • AGENDA ITEM II c__ PRESENTED BY-------- ROLL CALL Moved Seconded Ay~ Nay Absent Abstain Hlodav 1 Neal I vobe,da I Weist I ~ Bl lo I .....-Bradshaw Otis I I M I N: OT 0 I • • • • • • AGENDA ITEM -+t-'l'--'d=-..i... __ PRESENTED BY ~------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav v Neal Vobeida Weist /,../' RI lo Bradshaw Otis MOTION: I • • • • • • • AGENDA I TEM-----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v HIQday '\ v Neal I Vobe1da I Weist -, Rj lo I Bradshaw 1 Otis \ \ MOTION: I • • • • • . . • AGENDA ITEM P RE SE NT ED BY ROLL CALL Moved Sec d on ed AY.!;s Nay Absent Abstain r=-I I HIQdav ' I Neat I \ I I I I -y - I Vobe,da I - - Wei s t I - I Rj lo 7 -- -1 Bradshaw I c I l Otis I T ' l-I -, MOTION: I • • • • - ''E"•<>ED BY ~ ROLL CALL Moved Seconded Ayef Nay Absent Abstain -y Hladav 7 Neal I v Vo be ,da I Weist Bi lo Bradshaw Otis \ I • MOTION: ~ /f5d-. • • • • • - PRESENTED BY ~~~~~~~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain n1aaay I v Near I Vobe1da I Wei st v 111 lo 1 Bradshaw I Otis I MOTION: I • • • • - • '. - -....... AGEND A ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav Neal Vobeida Wei st Bl lo Bradshaw Otis MOTION: I • • • • • • - ---.... AGEND A ITEM -~~~-P RE S ENTED BY--------- ROLL CALL Moved Seconded Aye~ N ay Absent Abstain HIQOay Neal Vobe ,da Wei st v Bi lo y Brad s haw Otis . MOTION: ~it I • • • • • • - AGENDA ITEM -----PRESENT ED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' Hladav I Neal V"" Vobeida Wel st J RI lo 7 v-Bradshaw I Ot i s 7 l MOTION: I • • .~----------------------.....-iiiiiiiiiiiiiiii.;. • • • • AGENDA ITEM -----PRESENTED BY -------- l•1JV'41b ~~'15 ~1/-f__ g· 2$-(f fl) ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111ae1a\I v Neal J-- Vobe,da p Weist v-- Bl lo I/ Bradshaw v- Otis v- MOTION: • • I . • • • AGENDA ITEM !IL PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain L--"' HT<ldav Neal Vobe•da Weist L--"' Ri lo Brads haw Otis MOTION: ~tJ6i I • • • • • - AGENDA ITEM PRES E NTED BY ------------ evV ~ ~. ~ ~( '1(f llil M~~G~ ~~. ROLL CALL Moved Seconded Ayes Nay Absent Hlqday Neal Vobe,da Weist Bl lo Bradshaw Otis MOTION: • • Abstain I . • • • - AGENDA ITEM ;;;;._ -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111qaav -Neal - Vobe1da l Weist I ._ Bi lo .L -Bradshaw I Otis \ " MCYI'ION: I • • • • • • - AGENDA ITEM I 2.. PRESENTED BY /l';c {'.t(Ua_ "-- ROLL CALL Ab Abstain Seconded ~s Nay sen Moved 111aaav Neal v Vobe 1da Weist Bi lo v Bradshaw Otis MOTION: ~ C i}\ I • • • • • • - AGENDA I T EM ----'-(-~--PRESENTED BY ------- ROLL CALL Move d Secon ed Aye, Nay Absent Abs ta In Hladay I Neal I Vobe,da We 1st v-RI lo v Bradshaw Otis \ ~ I . • • • • - AGEND A ITEM ----P RES ENTED BY ------ ~·~~ -~ c?-~ -~~ p 1.-/-1f -gvo ~ ~~ ~(,_/~ (r ()~~fa{ ~~~-O<J~ -ef ~ s ~~ ---~e&t~n ~/0n ~~~ ROLL CALL Moved Seconded Ayes Nay Absent Abs ta In 111gday Neal Vo b e1da Wei st Bl lo Bradshaw Otis MOTION: • • I . . n • • • • • COUNCIL CHAMBERS City of Englewood, Colorado December 3, 198 4 REG UL AR MEETING: ~he City Council of t he City of En glewood , Arapahoe Cou nty, Colorado, met in regular s e ssion on Decemb er 3 , 198 4, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order . The invocati o n wa s g iven by Reverend Tom Kleen, En g lewood United Methodist Church, 3885 South Broadway. Th e pledge of al- legiance was led by Boy Scout Troop #115 and #154. Mayor Otis asked for roll call . Upon a call of the roll, the following were present: Council Members Higday , Neal, Vobejda , Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor decla red a quorum present . • • • Also pr e sent were: • • • • • • • City Manager Mccown Assistant City Manager Vargas City Attorney Ol sen Director of Engineering Services Diede Director of Wastewater Trea men Owen Deputy City Clerk Owen • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MI UTES OF THE REGULAR MEETING OF NOVEMBER 19, 1984. Council Member teal sec- onded the motion. Council Member Bradshaw noted typos on page 5 -"Bradshaw" was misspelled "Bardshaw"; on page 10 -"BILL" was misspelled "BILLL"; on page 13 last paragraph insert "citizens" after "handicaps". The Council accepted the editorial corrections. Upon a call of the roll, the vote resulted as follows: • I . • • - December 3 , 1984 Page 2 Ayes: Council Members Higday, Neal, Vobejda , Bilo , Brads haw, Otis. Nays: None. Abstain: Council Member Weist. The Mayor declared the motion carried. * * * * * * * Mayor Otis and Mayor Pro Tern Bradshaw presented recogni - tion awards to Englewood High School athletes who placed first in a division and/or went to state tournament. * * * * * * * time. Mayor Otis asked if there were any other visitors at this Ed Payne, 5090 South Washington, came forward. Mr. Payne mentioned a newspaper article concerning purchase of land north of the community center contemplated by the City Council. Mr . Payne stated the land was good industrial property which would be removed from the tax role if purchased by the City. Mr. Payne asked to be invited to a Council study session when this topic is discussed further. Mr. Payne stated he was very concerned about the purchase. Council Member Hig<lay stated h e (Mr. Payne) would be in- vited to come to the study session. * * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 11 (d) , A COUNCIL COMMUNICATION AND BILL FOR AN ORDINANCE REGARDING Ar INTERGOVERNMENTAL AG REEMEl.JT WITH DRCOG ESTABLISHING A CENTRALI ZED FIRE FIGHTER RECRUITMENT /TEST! G PROGRAM . Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Vobejda, Weist, Bilo, Bradshaw, Otis. None. • I • • ( • December 3, 1984 Page 3 • • - The Mayor declared the mo tion carried . ORDINANCE NO. SERIES OF 1 98 4 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING AN AGREEMENT WITH DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) PROVIDING FOR CENTRALIZED FIREFIGHTER RECRUIT- MENT AND TESTING . COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 64, SERIES OF 1984, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager Mcc o wn stated he appreciated Chief Broman 's leadership in this recruitment and testing program . Council asked Chief Broman to come forward and give a report on the fire of December 2, 1984. Chief Broman presented a full report and response to questions from Council. Chief Broman stated he would have to do an in-depth study to determine if the fence around the area posed problems prolonging rescue efforts. council thanked the Chief for telephoning them and for his presentation to the news coverage . * • • • • • • • COUNCIL MEMBER WEIST MOVED TO APPROVE A PROCLAMATION DE- CLARING DECEMBER 9-15, 1984 AS "DR UNK DRIVING AWARENESS WEEK." Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • December 3, 1984 Page 4 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Oti s. None. The Mayor declared the motion carried. * * * * * * * * "Consent Agenda" items were: (a) (b) (c) (d) (el (f) Minutes of the Board of Career Service Commis- sioners meetings of September 24, October 8 and 29, 1984. Minutes of the Downtown Development Authority meeting of October 10, 1984. Minutes of the Board of Adjustment and Appeals meeting of October 10, 1984. Minutes of the Planning and Zoning Commission meeting of November 13, 1984. Minutes of the Public Library Board meeting of November 14, 1984. Recommendation from the Water and Sewer Board for approval of the annexation of Southgate Sanitation District Supplement #103. The 15 acre parcel is located at County Line Road and South Quebec Street, and o wned by Good/Colo rado, Ltd. COUNCIL MEMBER NEAL MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A ) -9(F). Council Member Bradshaw seconded the motion. Upon a call of the roll, the vo e resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * • * * • I • • - • December 3, 1984 Page 5 • • • COUNCIL MEMBER BRA DSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING CONCERNING THE ADOPTION OF, AND PROPOSED AMENDMENTS TO, THE NATIONAL ELECTRICAL CODE, 1984 EDITION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried. The Clerk noted legal notice of this public hearing was published in the Englewood Sentinel on October 17 and October 24, 1984. Walt Groditski, Fire Marshall, came forward and presented testimony concerning the ordinance . Mr. Groditski stated the State of Colorado requires municipalities to adopt editions of the national electrical code periodically , every three years. Mr. Groditski stated further that the proposed amendments requested on the local level make the code more stringent, and he explained the amendments in detail. Following Mr. Groditski's presentation, Mayor Otis asked if there were any visitors in the audience wishing to speak in favor of the ordinance. No one responded. May or Otis asked if there was anyone wishing to speak against the ordinance. No one responded. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Neal seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried. ORDINANCE NO. 60 SERIES OF 1984 BY AUTHORITY • COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER BILO I • • • December 3, 1984 Page 6 • • - AN ORDINANCE REPEALING AND REENACTING SECTIONS 1, 2 AND 3 OF CHAPTER 10, TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ENTITLED "ELECTR ICAL CODE" AND ADOPTING BY REFERENCE THE NATIONAL ELECTRIC CODE, 1984 EDITION, WITH CERTAIN MODIFI- CATIONS TO PROVIDE MINIMUM STANDARDS TO PROTECT THE PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANC ES IN CONFLICT HEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1984, ON FINAL READING . Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried. * * * * * * * * Director of Wastewater Treatment Bill Owen came forward and presented a council Communication recommending award of direct purchase of four aeration blowers for the Bi-City Wastewater Treat- ment in the Phase 3 Expansion project. COUNCIL MEMBER NEAL MOVED TO AWARD THE PURCHASE OF FOUR BLOWERS FROM LAMSON CORPORATION IN THE AMOUNT OF $138,995 . council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * * Director Owen presented a council communication recommend- ing award of direct purchase of two clarifiers and equipment for the Bi-City Wastewater Treatment in the Phase 3 Expansion project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE PURCHASE OF TWO CLARIFIERS AND EQUIPMENT FROM WALKER PROCESS CORPORATION IN THE AMOUNT OF $137,650. council Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( December 3, 1984 Page 7 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * * Director Owen presented a Council communication recommending award of direct purchase of aeration diffuser equipment for the Bi- Ci ty Wastewater Treatment in the Phase 3 Expansion project. Director Owen also recommended purchase of additional equipment from the low bidder in order to met th e change in design which would still be the lowest bid amount. COUNCIL MEMBER WEIST MOVED TO AWARD THE PURCHASE OF AERATION DIFFUSER EQUIPMENT AND ADDITIONAL EQUIPMENT TO GRAY ENGINEERING GROUP, INC. IN THE AMOUNT OF $74,100. Council Member Bilo seconded the motion. council Member Vobejda asked if spare parts would be available or considered in the bid amounts. Director Owen responded those spare parts which were readily available were not included; those that were not readily available were considered. Director Owen noted in his presentations that the bid recommendations were the lowest bids and were also approved by the design engineer, HOR. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • • City Manager Mccown presented a recommendation to award a contract for labor to install a subdrain pipe in the east and west swales of the Little Dry Creek Pond. Director of Engineering Services Gary Diede provided detail information regarding the problem and what solutions are available. Director Diede recommended awarding the contract to Colorado Water Systems in the amount of $9,762.50 and appropriat- ing $15,000 for the total proj ct wh ich includes the fee to Colorado Water Systems . . ~-----------.;;._.;_,,,;~~;.__-----• I • • • December 3, 1984 Page 8 • • • COUNCIL MEMBER NEAL MOVED TO APPROVE THE BID FOR LABOR TO INSTALL SUBDRAIN PIPE IN THE EAST AND WEST SWALES OF THE LITTLE DRY CREEK POND TO COLORADO WATER SYSTEMS, INC. IN THE AMOUNT OF $9,762.50 AND TO APPROPRIATE A TOTAL BUDGET AMOUNT OF $15,000.00 FOR THIS PROJECT WHICh INCLUDES 5 % CONTINGENCIES. Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 44 SERIES OF 1984 * * * * * * * * A RESOLUTION WITHDRAWIN G FROM THE FIRE AND POLICE PENSION ASSOCIATION COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1984. council Member Vobejda seconded the motion. City Manager Mcc o wn explained this resolution reflects the City's intent to withdraw from the association. A one year notice is required which will allow for time to perform a s tudy on the feasibility of withdrawing and some alternatives. Upon a call of the roll, the vote on the motion resul ted as follows: Ayes: Nays: Council Members Higday , Vobejda, Weist, Bilo, Bradshaw, Otis. council Member Neal. The Mayor declared the motion carried. * * * * * * * * City Manager Mccown presented a recommendation from the Water and Sewer Board for approval of the Landowners Extended Ser- vice Area Participation Agreement to investigate facilities needed to serve properties on the periphery of the Highland Ranch Sanita- tion District. • I • • December 3, 1984 Page 9 ORDINANCE NO. SERIES OF 1984 •' BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH CENTENNIAL WATER AND SANITATION DISTRICT TO INVESTIGATE FACILITIES NEEDED TO SERVE PROPERTIES ON THE PERIPHERY OF THE HIGHLANDS RANCH SANITATION DISTRICT. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO . 65, SERIES OF 1984, ON FIRST READING. Council Member Vobejda seco nded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vo be j da, Weist, Bile, Bradshaw, Oti s. None. The Mayor declared the motion carried. RESO LU TION NO. 45 SERIES OF 1984 * * * * * * * * A RESOLUTION FOR A COMPENSATION PLAN FOR CONFIDENTIAL SECRETARIAL EMPL OYEES OF THE CITY OF ENGLEWOOD, COLORADO . COU NC IL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 45, SERIES OF 19 84. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis . None:. The Mayor declared the motion carried. RESOLUTION NO. 46 SERIES OF 1984 * * * * * * * * A RESOLUTION FOR A COMPENSATION PLAN FOR GENERAL SERVICES MANAGERIAL EMPLOYEES IN THE CITY OF ENGLEWOOD, COLORADO . • I • n • • • December 3, 1984 ( Page 10 • COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 47 SERIES OF 1984 * * * * * * * * A RESOLUTION FOR A COMPENSATION PLAN FOR MANAGERIAL EMPLOYEES OF THE FIRE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORAO. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 48 SERIES OF 1984 * * * * * * * * A RESOLUTION FOR A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBERS VOBEJDA MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . * • • • * • • • • I • - • December 3, 1984 Page 11 • • • City Manager Mccown transmitted the November, 1984 Sales and Use Tax Report. Mr. Mccown noted the report reflected a good financial condition to date. * * * * * * * * City Attorney Olsen discussed a request from the Court Advisory Committee for comments regarding the method of selecting associate judges for Municipal Court which was suggested by the Committee in ordinance form, passed on first reading, and remanded to the Committee before second reading as a result of some con- cerns expressed by Judge Parkinson. City Attorney Olsen suggested a recommendation to the Committee that associate judges be selected by blind lot, multiple system. Council agreed and authorized City Attorney to reply the same to the committee. * * * * * * * *\)~ City Attorney Olsen discussed the Dullan case in which Mr. Dullan was ordered by the Board of Adjustment and Appeals to remove seven of the eight trailers parked in Mr . Dullan 's back- yard. Mr. Olsen stated Mr. Dullan has not removed the seven trailers. Council authorized the City Attorney to seek an injunction against Mr. Dul l an. * * * * * * * * Council Member Bilo requested City Mana ger Mccown to contact either Director of Public Works Wa ggoner or a representative at the State to take some temporary action on the traffic problems on Oxford. * * * * * * * * Council Member Bradshaw noted she met with the City Attorney and was interested in bringing back the rental ordinance. * * * * * * * * Council Member Bradshaw expressed her appreciation to Council for allowing her to attend the NLC in Indianapolis. Coun- cil Member Bradshaw reported on the human issues program at the NLC. * * * * * * * * • 0 I • - ( • • • • December 3, 1984 Pag e 12 There was no further business to be discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:00 p.m. without a vote . ~~~£~ oeVTtYC1erk • I • • - ( ( • • • • PROCLUM TION WHEREAS, on the evening of the 8th day of becember 1984 at ten •inutea past six o'clock in the 3200 block of South Sa.tta fe .Drive, an auto•obile beca•e totally engulfed in fire as a reault of a traffic accident; and WHEREAS, bavid R. Seecher, a passerby, recognized that the driver of the burning car •as trapped inside and, disregard- ing grave risk to hi•self, courageously rescued one Sarbara Matthe•s. MfEREAS, Mr. Scecher sustained personal injury as a result of hia actions; and MfEREAS, Mr. Seecher's deed exe•plified the highest form of citizen involvement and concern /or one's Jello• •an; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Engle•ood, Colorado, do hereby co,,...end 1M VI1> IL SEECHER /or his heroic e//orta resulting •n the preaervation of hu•an life. GIVEN under •y hand and eeal this 17th day of !>ece•b er , 1984-. CitH of Engle•ood, Colorado • I • • • • • • PROCLAMATION WHEREAS, on the evening of the 8th day of becember 1984 at ten •inutes past six o'clock in the 3200 block of South Sadta fe !>rive, an automobile beca•e totally engulfed in fire a s a result of a traff ic accident; and WHEREAS, bavid R. Be ec her , a passerby, recognized that the driver of the burning c ar 1Va s trapp e d inside and, disregard- ing grave risk to h i mself , courageously rescued one Barbara MatthelVS. WHEREAS, Mr. Beecher sustained personal injury as a result of his actions; and WHEREAS, Mr. Beecher 's deed exeaplified the highest form of citizen involvement and concern for one's fello1V •an; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Engle1Vood, Colorado, do hereby commend bAVIb R. BEECHER for his heroic efforts resulting tn the preservation of hu•an life. 1984 . GIVEN under •y hand and seal th 1s 17th day of !>eceaber, Mayor Eugene L. Oti• City of Engle1Vood, Colorado • I • • • • - C 0 U N C I L c a M M u N I c A T I a N DATE Decem ber 12, 1984 AGENDA ITEM SUBJECT Union Avenue Pump Station { () h ; INITIATED BY Englewood Water and Sewer Board ACTION P ROPO SED~~~A_w_a_rd~o_f~Co_n_t_r_a_c_t_f_o_r~Co_n_s_t_r_uc_t_i_o_n_,~~~~~~~~~- Union Avenue Pump Station BACKGROUND The Corp. of Engineers is reconstru cting and lowerinq the South Platte River Channel because of serious flooding problems along the river. This necessitates the construction of a new dam and more importantly new di version works, pump station and sedimentation pond for the City of Englewood. Facilities will be upgraded to improve intake facilities and increase pump capacity. Present pumping capacity is 27.5 cfs, (17 .5 million gallons per day) which will be increased to 31 cfs (20 million gallons per day). The existing intake screens are considerably undersized and are only course bar screens which allow solids and debris into the existing sedimentation pond, which can clog the pumps. The new intake facilities will feature a prim~ry intake which is of a special design that tends to be self-cleaning and screens out all material less than 1/8 ". A radial gate on the dam will continuously sluice solids downstream, thus minimizing the intake of solids to the raw water system. The prima ry intake also has a back-up air backwash system. There also is a secondary course screen intake for further back-up. The sedimintation pond shall be lowered and aceess ramp provided for maintenance. The slopes of the pond will be flattened to 4 to 1 so that mowing and maintenance of the slopes is possible. Dry land grasses and a modest number of trees and landscaping have been incorporated. The design has been set up so that ultimately the capacity of the system could be doubled, but no facilities have been incorporated. I • • • • • • A contract was entered May l, 1983 amoung the Corps of Engineers, the State of Colorado and the City of Englewood which divided the total costs in percentages of 38.08%, 42.86 % and 19.06 % respectively based upon preliminary estimates of cost. The contract further provides the State and the City will share any increased costs upon the same percentage basis. The Corp. is simply building its portion of the work as its contribution and has experienced a project cost increase in the range of $1,000,000. The Ci ty has not had to participate in this increase to any substantial degree. FINANCIAL DETAILS Nine contractors submitted bids, with the l ow bid from Lillard and Clark at $1,267,629.00. Lillard and Clark are the Contractors for the Union Avenue Dam and Diversion, so this would be a logical package for them. Mclaughlin is recorrrnending a contingency plan because of some unknowns on the project. Quantities could vary, other work could be renuired, and unanticipated problems beyond the control of the Co ntractor could result in higher costs on this project. $450,000 . has been allocated in the 1984 bud qet. Our share of this portion of the project will be about $390,200. It is unknown at this time whether $450,000 will be adequate to cover the City's cost for the entire project. This bid does not include engineering costs, costs that may be reimburseable to the Corps of Engineers for portions of their work on the Dam, and potential change orders (mentioned above). It is roughly estimated, however, that the additional participation by the City would be in the range of $150,000 to $250,000. There are adequate funds available in the Water Fund to pay for this project and there are also adequate funds to pay for the arlrlition~l participation, should it become necessary. RECOMMENDATION The Englewood Water and Sewer Board recommended at their December 11, 1984 meeting that Council award the contract to Lillard and Clark and issue the Notice to Proceed immediately. The Notice of Award has already been executed by the Colorado Water Conser vation Board. The Notice of Award should be executed along with the Notice to Proceed . I • • To: • • - NOTIC E OF AWARD Lillard and Clark Construction Company, Inc . 3775 South Knox Court Denver, Colorado 80236 (Contractor) Date The ------------~C .;..it~y:,_.;;o.;..f~E.;..ng~l~e~w~o~o~d------------- (Owner) having duly considered the proposals subm itted on __ D_e_c_e_m_b_e_r_l_O"",_l.;..9_84 ______ _ (Opening Date) for the construction of ____ E_n.;:.g_l_e_w_oo_d_U_n_i_o_n_A_v_e_n_ue_P_u_rn_.p_S_t_a_t_i..;..o.;..n ______ _ (Project Title) as outlined in these Contract Documents and detailed on the Drawings, and 1t appearing that your Proposal for perform ing the work outlined 11 fair, equitable and to its best interest, the 1&1d Proposal is hereby accepted at the bid prices contained therein. J._ In accordance with the ter1111 of these Contract Documents, you are required to execute the formal Agreement and furnish the required Performance and Payment Bonds w1th 1n seven (7) con1ecut1ve calendar days from and including the date of this notice. • In add1t1on, you are requested to furnish a t the 1ame time five (S) copies of cert1f1cate of insurance evidencing comphance with the requirements for 1n1urance stated in the Contract Documents. Your cert1f1cate shall be accompanied by a letter from your insurance company stating that the insurance cert1f1ed meets the requirements of the Contract Documents. The Bid Security submitted with your Proposal will be retained until the Agreement has been executed and the required Performance and Payment Bonds have been furnished and approved. In the event that you should fail to execute the Contract and furnish the Performance and Payment Bonds within the time ltm1t 1pec1f1ed, the said Proposal Guarantee will be retained as liquidated damages and not as penalty for the delay and extra work caused thereby. (Owner) -City of Englewood Approved 79-S7.7 NA-1 • I • • • • • • NOTICE TO PROCEED Lillard and Clark Construction TO: Campany, Inc. (Contractor) 3775 South Knox Court Denver, Colorado 80236 NP-1 CD_ate) You are hereby aithorized to proceed on thi1 date, but not later than ten (10) con1ecutive calendar day• hereafter, with the conatruction of Englewood Union Avenue Pump Station (Project Title) aa Ht forth in detail in the Contract Document• therefor. (Owner) By __________________________ ~ • I . --• • • rt. ....... , 1·0.:,.•.tt"· McL A UGHLll• VIATER EN GIN EERS ENG I NE E R I NG CO N 5JUL TANTS ; .. • -t S• I • • ...... ,.t .... ··lf o. .. :":"'" ... 1:::1• :• • .;, ".c.o·i t.tlrtEC t Olh 1.-f'f C.C.•.C N •Ct 8 0,11 •l•'l •!lfl 5~· .,Of-t "" 1.. .. • .l ... ........ •1-.:.• c-•"•C~ • .. ••t' ••· •-• •c "t ... ....... \ ....... ••.'. t '"'"··'•.:> ... ..... ·r-o.._t L l ,..,C. l •l •1 .,t ... ~l ""'a .:.1 • • I • • "•.: Pt , !.L 5•-• ... r ....... , 1 •·•: •.oo:.. c.o "'·"::i• • • 1. t-! ... r •::c o• .. ..,a t.£ ""' "l ........ l'll.l ,.•1,:1.1 .".'.l •"'l '.' .. t-•1 .l .. 11.:::1• ~c -.... ' • ' .. ., ... '"' : ·• "· "'"' "£1 December 11, 1984 ,-l<l ,. .. =--1 ,... 0 .. oi .. 1 ....... ,, .. o • ro.i •cc ••o.1 1c:11o .. ' • • ;.. .. • ~? ...... 0 l l ·"'"•• _,::, .... 1o .:•t ... s t ... ~· • Mr. Stu Fonda Director of Utilities City of Englewood 3400 South Elati J ...... o .::: •0 •1•·i. .1 0.C """ S'l t ..... 1 •C.• 1.L '-"'O[o. 1.-""""' Dt•:O ... • •• .... £• Englewood, Colorado 80110 Re: Award of Contract for Construction, Union Avenue Pump Station Dear Stu: As you are aware, the low bidders for the pump station were: l. 2. 3. Lillard and Clark Williams Summit $ $ $ 1,267,629 .00 1,297,947.00 1,337 ,331.00 We had nine contractors turn in bids and as you can see from the attached bid summary, there was a good deal of competition and close bids. Lillard and Clark are the Contractors for the Union Avenue Dam and Diversion; thus this ts a logi cal package for them. We are processing shops for the intake and sluice gate on the project and work is proceeding smoothly. We checked with Mel Spangler of Lillard end Cl a rk and he has sta ed that the y will be using the Worthington Pumps we spec1f1ed, s o that removes a possible are a of contention. Mel is submitt in g f in an cial information, but he cited the following: Good Letter of C redit at Bank. Annual Gross 1n excess of $6 million. This year's projects: $3.6 millio; for the Denver Wa tpr Board, $1.l million for Westminster a nd $1.4 million for the Corps of Engineers (Union Ave. Weir). Bonded $6 to $8 million with only $2 m1ll1on used presentl y because work complete (similar on Letter of Credit). Stated that they generally don't borrow a nd have recently paid cash for equipment purchases. Annual payroll on the order of $500,000. &C:.Pf ... 01"t.,.\<P•l"':l""·l"Uf A! Pit• CO .. O"'Af · -(Pf I l &.•[ O•lLO'• ' i.. t1:u 1 .,_ o ~u. . ''> on•~ ,,. • '"'' "" a~:t l "" ·~ •• n !> •t •1. TU1..~.._ (I' At1 .JY• ,. • I • - • • • • 2 The only problem we anti c ipate 1s on change orde rs, as the pr o ject 1s low er than the Engin eer's Estimate ($1,438,965). We also have som e un k nowns on the project that could vary quantities or involve other work (e.g. t he connection to the e x 1st mg p ipeline). Thus we recommend a contingency be pl a n ned for th is e ven t . Also , a 5 1s usual, the time of construction us e d by the Contractor, his quality of work and unanticipated problems can result in inspection manpow e r needs exceeding the budget. One item worth discussion is the perspective of origina l budgeting for t he project. The bottom-line (not includ ing the Dam b ut mclud mg engin eering) m o ur Jan uary 2 2 , 1982, report was $1,590,975. If we use th e E NR inde x for the tune from t he repor t to the present, the budget would increase 18.6 2% to $1,887,300 . Our present costs incurred (or to be incurred) a r e: US AC E construction work $ 39 6,954 MWE design fee re la t ed to abov e 2 1 ,074 Lillard and C lark b id -Pump St a t ion 1 ,267,629 MW E des ign fe e fo r pump station 91,903 C onstruc tion In spectio n 35 ,000 Additional Engr. services (soi ls, survey work w ith USA C[) 20 1000 !> 1,832,560 Thus it appears things are reasonably well in control (and W f.' are lucky to have a good bid, because usmg our estimate, the costs might have been significantly larger). • I • - ( • • • - Therefore, we recommend award of the contr ac t to Lillar d end C ler k. We h a ve attached copy of the Notice o f Awar d, wh ich hes alread y been e xe c uted by the Colorado Weter Conservation Board. If you agree, this Not ice of Award s hou ld be executed along with the Notice to Proceed. The letter is very important 1f we a re to stay on schedule with the Corps of Engineers. Very truly yours, McLAUGHLIN WATER ENGINEERS ~.lf:.~Z.T WCT:jw 79-057.07 encl. Bid Summery Nol ice of Award Notice to Proceed cc: Frank Akers, CWCB • I • • - • .. -.. 'i ... _, .. .,l ..... 242:1 .:.1c~tt ~tr"e et Oen,er. CO 80211 Qua ntity/Uni t 1. PUl"P Stat ton 2. Spl 1 tter Bo• ]. Pond lnta._e LUll'lp Sutr llll"'P Su~ lur.IP Surr c . S~il')fn tat ton Pond Lump Sun 5 . Type f1 Rtprap 14~0 Tons 6. J6" ~CP 175 L. F. 7. Ftne Flat Scrttn Prh11ry Rher Intake lll'IP Sii" 8 . JO" Ol P 525 L. F. 9. J 6" OlP 10 . 4 " OlP II 1-1/4" Bur e.i 237 L.F. 200L.f . Cocper lJO l r . 12 l " Bun~ PV t Chell fttd P1~ 110 l F. lJ. 1:· O!P Or1 t n 187 L.F . 14 JZ Dr11n Pi pe r11p Villhe I H 15 1-1 t ':o rp •nd C:..i,.~ Ste' Lrp 5,.., 16 co"MCt ton to C.ts t1nq l.1" Steel lint ltMnP SUll 17 . lr-rfgH ion Syst.. l""P Sum 18 . P11nttr,g Sy ste LYlllP 5119 S.s. Btd ( 1tf9s 1 lhru 16) Add1 th~ ~chedult A (It~\ 17 thru 18) TOTAL 810 (I lt!f!S 1 thru 18 ) • • • 0 BID SUMMARY Union Ave nue PUlllP Stilton 1 lo -Rfd\ . . . ••TIMAT• '" '"" r . '···" ·-·· -·· ,,,,_. __ I " ,, UNIT TOTAL UNIT TOTAL UNIT TG'TAL. UNtT TOTAL UNIT 'TUTAL UNIT TOT A L 25 .00 115 .00 210 .00 160 .00 13 .50 10 .00 8 00 30.00 300 .00 658.000 .00 •1.500.00 56 ,800 .00 ]60,700 .00 )6,150 .00 •l.115 .00 Sl-'00.00 110,250.00 )7,920.00 2.700.00 l0 .00 109 .00 116 .00 262.00 21.00 3.300 .00 9.00 1.360 .00 9 .00 5.610.00 30.00 300 .00 !150 .00 l.OOll.00 11,500.00 2,750 .00 10,SOO .OO b .•15,715.1) 13,250.D ,08,965 .0I' 705.800 .0I 25,000.0I ., ,500.D 1!15,500.D o,soo .oo 40,875.00 35,000.0C :~:=:~ C,100 .0I 0.00 100 .00 SZ .50 65.00 8 .00 2,970 .0 l.00 1,530 .0 2.50 5,610 .0 16 .50 950.1) 500 .00 1,800.0I 8,•oo.oc 11 ,900 .0( JC,100 .0I 1,2Cl ,62' 26,000 .0 J,267 ,629 .0I • 750,000.00 50,279 .00 125,000.00 190,000.00 62 .350 .00 36.00 )7,S00 .00 165 .00 8 ,000.00 27 ,562 .50 JC2 .00 11 .•os .oo 210 .00 1,600 .00 cs .oo 990 .00 11.00 •25 .00 5 .00 l,085 .50 53 .00 500 .00 1,100.00 750 .0C 5,5'l0.00 9,500.0C 9,500 .0I' 1,278,,.7 19,000.00 1,297 ,,.7 641,005 .1) J5,000.0 CB,000 .0 270,000.1) 52 ,200 .0C J6.CO 61,875 .oc JJ5.CO Cl,000.0C ~:~~:~ 9,000.0I 111.00 216 .00 36 .JC 678,U7 .00 ~,8'9 .00 77 ,802.00 38,242 .00 57,55l.OO C5,BC3 .00 27',748 .00 50 ,131.00 12 ,780 .00 2J .OO 33,350 .00 50,776 .00 171.00 64,125 .00 23 ,913.00 58,275 .00 1'6 .00 51,192.00 300.00 7,JC8 .00 52 .00 49,919 .00 76 ,650 .00 71,100 .00 10,COO.OO l,6JO.OI 5 .ZO 1,1:6.00 12 .00 J,960.00 850 .0I 2.00 l40 .00 15.00 2,550.00 9,'llJ .oo ••.oo 8,228 .00 51.00 9,5J7 .oo 1,700.00 ,lZZ .00 1,1 22.00 261.00 161.00 1,zoo.00 800 .oo sca .oo 1.600.0C 5,800.0C 17 ,500.00 1 ,308,031 23,300.00 11.m .m 1,069 .00 11,000.00 13,000 .00 1,3C5,777 2•,000 1,369,777 13 ,535 .00 15,000 .00 15,000.00 ,387,000 30,000 .00 ,387 ,000 • • - • • 24;t'I . .;.ltott ~tree t BID SUMMARY Oemer. CO SOLi 1 Unt on AnnYe P!JIWP St.li on • 7 8 9 eeTIMAT• ·-~-· ~ ·--··-,,,,, . -·-•fnn ~tnc ·~• ,_ ndustrhl Constructo s Mlnaoers Inc 1 ts Oucrtptfon Quan tity/U nit UNIT TOTAL UNIT TOT .... UNIT TOTAL UNIT TOTAL ._IT "TUTA.L .,_.T TOTAL No . I ~. ( I. PUl"'p Stltion l-Sw -658,000.00 679,2J5 ,00 827 ,679.0< 722 ,000.00 811,064 .00 z. ~pl1 tter Bo,; lurp Sur--4),500.00 4J,6J7 .00 •9 ,459 .0< 41,600 .00 107 ,85 J.OO J . Po~ lnta le lump Sur -16,800 .00 U,890 .00 5l,5J9.0< 59 ,500,00 106,581.00 .. Sed i "'entatto~ Pond ll.ll""P Sum -J60,700 .00 365 ,886 .00 190,6J9.0< 261 ,000.00 170,HS.OO 5 . Type M Riprap 1450 To ns 15.00 36,110 .00 J0.018 43,540 .00 Z8,Z3 40,928 .0 J9.00 56,550,00 JO.DO •l .500 .00 6. 36 " RCP 375 l. F. 115 .00 43,115 .00 79,691 29 ,900 .00 123.J7 46,16 5 .0< 184 .00 69,000.00 ZOO .ll 75,0<7.00 1 . Fine f'lat Scrttn Pdrni ry River Intake LIT.IP S111 -53,400 .00 J7 ,596 .00 8,946 .0< 26 ,000.00 J4 ,J9 J.OO 8 . 30 " OIP 115 L r . ZI0 .00 110,150 .00 107 .169 56,J69 .00 IJ4 .50 70,61J .O !Bl .OD 96,600.00 269 .25 155.006 .00 9. 36" DIP 237 l.f . 160 .00 JI ,920.00 Z84 .0'J7 69,JJl.OO 367 .ll 87 ,006 .0 JZ 9.00 77,9JJ .OO •61.J9 109,JSO.OO 10. 4" DIP zoo l.f . IJ 50 1,700 00 12 .685 2 ,5J7 .00 58.85 ii,110 .0 33.00 6,600.00 61.51 l Z,302.00 11 1-1/4 Bun~ '"n ope,. JJO L f. 10 .00 3.J00.00 11 .53 4,13•.oo ll.11 4,360 .() IC.CIO 4,620 .00 15.96 5,<:66 .00 11 1" ltur1rd P\IC C ~ 'eeo P1pe 110 L. r 8 00 1 ,360 00 8,694 t ,•78.00 15.57 •.3•7 .0 6,50 l,lOS .oo 17 .11 3 ,071.00 13 i2 DI P Ora1n 187 L.f. 30 00 5 ,610 .00 57 .658 10 ,781 .00 91.76 17 ,347 .0 38.00 7,106 .00 62.53 11,693 .00 14 12 Ora In Pipe Flap • al ve I ea . JOO. 00 JOO.DO l ,l78,(M 1,478 .00 l,•23 .00 l,•23.r. 1.•00 ... 1,400.00 1,595 .00 l ,5"5 ,00 15 1-11 4" toro and I ,O'Yl.00 500 .00 797 .() 800 .00 830 .00 .... ·1:1 Stoo lur-D SUl'I -.b Co nf'Kt ton t') [dst;nq 11.500.00 5 ,1 33.00 10,989 .0 8,•oo .oo 6,1e9 oo 27"' Steel Line L\oPIP 51.1111 -17 lrrtguton Systefl LUMP Si. -2,750.00 12 ,084 .00 11,JOO .O 16,000.00 11,92•.oo 18 . Pl41ntfn9 Syst• L\lllPS~ -10,500.00 14,594 .00 10 .56J .O 17,000.00 IC,070 .00 S.se Std (I tl!'lts 1 thru 16) -.•25,715.0< ,J9Z,•26 .0I: ~.•27 ,1 06 .0 ,446,25'.() p ,713,835 .0 Addltt¥e Scl'ledule A 13,250.() Z6,678.00 Zl ,863 .0 33,000.00 11 ,?•.oo l t@f'lS 17 thru 19) TOT~ 810 {I le!!lS l lht"U 18) ,CJ8 ,965.() ,419,10<.() l ,4l8,969 .0 ,479,Z5 •.D ,7C5,833 .0 • • • • COLORADO WATER CONSERVATION BOARD Dep•rtment of Notur•I Re•ources i2 1 State Centennial 8u i !ding 1313 SherMan StrMt Denver , ColoMldO 80203 Phone : (}03l 86b-3U 1 • • • STATE OF COLORADO December 10, 1984 R1c nud 0 t_.mm Gove rn or I W 1ll1 11T1 M cDon.ilO Ou e cto1 Oa••d W W.i U~· °"Du ly 0 1re-c 1ru This is to certify that Frank M. Akers is author i zed t o s i gn the Notice of Award for t h e Union Avenue Pump St ati o n proj e c t o n behalf of the Colorado ~a t er Conservation Board. /bvm ~ wevt{--=-- Dav1d w. Walker ----- Deputy Director • 721 cert/f rk I • • ( • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE December 12, 1984 AGENDA ITEM &; b ·,j SUBJECT Public Service Company Electrica Agreement -Union Avenue Pump INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED~~~~A_pp_r_o_v_a_l_o_f~t_he~'-'E_l_ec_t_r_i_c~D1_·s_t_r_i_bu_t_i_o_n_L_1_·n_e~E_xt_e_n_s_io_n~ Agreement" for the Englewood Pump Station at West Union Avenue and South Platte River Drive." BACKGROUND The attached agreement is for the electrical requirements for the Union Avenue Pump Station and is a part of the Union Avenue Pump Station Project. (See Agenda Item # ). Actual construction will be in April or May of 1985, plus or minus one month. FINANCIAL DETAILS The agreement is for $17,505. This amount will be split between Englewood and the Colorado Water Conservation Board in accordan ce with the contract dated Ma y 1, 1983. $11,305. will be required by Public Service i"'"ediately to begin co nstruction. RECOMMENDATION The Englewood Water and Sewer Board recommended at their December 11, 1984 meeting that Citj Council approve the "Electric Distribution Line Extension Agreement " with the Public Service Company of Colorado for the amount of $17,505 . • I • • I • • • • P'onn 110 -Jt -17•1 ELECTRIC DISTRIBUTION LINE EXTENSION AGREEMENT EXT .NO. 05-0919 TillS AGREEMENT, made this 12th day of October , 19 84 , by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, hereinafter referred to as "Company" and CITY OF ENGLEWOOD ,a Municipality Q~ereinafter referred to as Applicant, WITNESSETH : WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of Colondo, and WHEREAS . Applicant has requested Company to construct and instaD the necessary electric distribution facilities toprovide• Pennanent servicetoaerve Englewood Pump Station at W. Union Ave. & S. Platte River Dr. in ______ .;:;E.;...n .. g-'-1=-ew:..:.o=-o=-d=--<-, -'A..:.;rc..:ao.1p:..:a:..:.h:..:o:..:e:.......::C..;;;o.;:;u.;..;n..:;tY.._ _________________ , Colorado . WHEREAS, Company's Service Connection and Distribution Line Extension Pohcy requires a Construction Payment for the Installation of a.id facilities . NOW, THEREFORE . In considention of the mutual covenants and promises herein contained , it is mutually agreed as follows : I) Company agrees to construct with reasonable promptness, the electric distribuuon facilities for which the Appli · cant has made a Construction Payment , ~ohtttiag/excluding Service Laterals). and to notify Applicant when construction is completed and service is available (the Extension Completion Date). 2) Applicant agrees , upon execution of this Agreement , to advance to Company a Construction Payment in the amount of Eleven Thousand Three Hundred Five Dollars ($11.305.00) 3) Company agrees that aid Construction Payment may be refundable in part or in its entirety during a five (5) year period commencin1 with the Extension Completion Date . Any refunch will be made in accordance with the terms and conditions of the Company 's Service Connection and Di5tribution Une Extension Policy . In no event will the refund exceed the Construction Payment nor will any refund be made after five (5) years from the Extension Completion Date, as determined from the Company's records . 4) In the event Applicant should require additional electric distribution facilities other than for whi ch the Con · struction Payment has been made hereunder , such facilities shall be provided by separate agreements . 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such rights-of-way as may be required . IT IS MUTUALLY AGREED that the applicabon and interptttation of this Agreement, including the defuutions of terms used herein, shaD be in accordance with Company's Electric Service Rults and Regulauons , includlllg Company 's Service Connection and Di.ltribution Une Extension Policy , on filt and in effect from time t o bme with The Publi c Utilmes Commis11on of the State of Colondo and that said Rules and Regulations consbtute a part of this Agreement and are bmdmg on the pubes hereto IN "1TNESS WHEREOF , the parties hereto have execu1ed this Agretment the day and year first above wrmen . PUBLIC SERVICE COMPANY OF COLORADO APPUCAt\'T By r /?-;? 2---/4!7 Name/Fum __ C_,_·t~y'--o_f_E_n~g_l_ew_o_o_d ______ ~ By X (Title) Maillll& Addre ss 3400 S. Elati St. Englewood, CO 80110 •Specify Permanent , lntlettrminate , or Tempor1t1y . I • • • • • AGREEMENT NEW CONSTRUCTION INST ALLA Tl ON -FROST CHARGE CONDITIONS CITY OF ENGLEWOOD , hereinafter referred to as "Applicant", having entered into an agreement with Public Service Company of Colorado (Public Service) to install gas and/or elec - tric facilities into its project known as ___ E~nw_q~l ew&n,,,o,,,o,.d+P.wu.wm..,p~Sut~a..,t.._j'::!o":!n-'----::,....,.---,,----------- located at (service address) W. Union Ave. & S. Platte River Dr. funher agrees that if a around frost condition exists at the time of installation, Public Service will provide Applicant with the option of installina wd facilities (both main distribution lines and service laterals) or deferring the installation until a later date when no frost is present in the around. Should the decision be made by Applicant to proceed with the installa- tion notwithstandin1 frost conditions such installation will be done with the actual additional frost charge~ incurred by Public Service to be billed to and paid by Applicant. These charaes are in addition to any previous extension charges and are not refundable. Such charges are due and payable within 30 days after billing . Should the decision be made to defer installation until there is no frost in the around, reschedulina of installation will be done commensurate with other in - stallation jobs that bad previously been deferred, if still within the Applicability Limitation of Company's Rule s and Rep:ulations currently on file with The Public Utilities Commission of the State of Colorado . Not ification of the approx- imate date of installation will be aiven by Public Service as soon as practicable after frost conditions have ceased . If con- struction is posponed due to frost, beyond the aforesaid Applicability Limitation , a revised extension agreement will be required . Additional Service Addresses : •••Attest SECRET A.RY tftUBLIC SER"ICE COMPANY• City of Eng l =ew""o""o'=d~="""',.....,.,.=-=--- ta'ltff•Jt'fl'll:KltWft!Mtlttx!lt'R'Klel~ Municipality • By_X ____ --::7::"":':-=:-=:=---==:--=.,...,.,::-------~ SIG NATURE (APPLICA Nl) Tllll DATL Y. ITNLSS Ill OlH[M THA.pr.. A CORPORATIONI Mailing Address ______________ _ 3400 S. Elati St. Englewood, CO 80110 I hereby authoriu Public Service Company to install the above facilities durin11round frost conditions and to pay the actual additional frost charaes incurred . t x ... 51QNAT\JAI:. 1APPLICANl• OATf • Mu st be executed by authorized person . Must be same as above arplican1 ~i1nature . ••• No attest required unles~ aprlicant is a corporation . • • I • • '( < • • • • Th· f-0J .~"" G.:-: Ea.; '10 !· r:-•;t.c(! [11 )· wvocl . (.:i'.,y •.Jd u e0i i0 December 11, 1984 The Honorable Eugene Otis and Council Members City of Englewood Englewood, Colorado 80110 Dear Mayor Otis : Although my term as a planning and zoning commission is not quite over, i thought perhaps you and the members of Council would like to know that I do not plan to request reappointment; in fact, this letter is my resignation from the board. I will not attend any further meetings, although my term has some weeks to go before it is completed. I am enrolled as a doctoral student with the University of Northern Colorado at Greeley and as a full-time student I must drive to Greeley a minimum of three days per week. I also work fu11time. This leaves very little time to perform other duties no matter how important they have been to me. It is my hope that at some time in the future I will find time to request reappointment to this important commission; it has been one of the plea- sures of my adult life to sit as a commissioner for my city. The staff of the Corrrnunity Development Department has always been cooperative and pro- fessional and it has been a real joy to work with them. Thank you for the opportunity to be of service to Englewo od. Sincerely I~ yours, ;?~ Marjor · L. Becker Vice C airman Planning and Zoning Corrrnission cc: Pete Vargas, Acting Director, Community Development Ed McBrayer, Chairman, Planning and Zoning Convnission Dorothy Romans, Assistant Director, Community Development • RECEIVED DEC 121984 CllY MANAtm rs OFFICE ENGLEW OO D I • • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting Wednesday, September 26, 1984 9 The Regular Meeting of the Englewood Housing Authority was called to order at 5:15 p.m., September 26, 1984, by Vice-Chairman Betty Beier, at Simon Center, 3333 South Lincoln St., Englewood, Colorado, 80110. I. ROLL CALL Members Present: Betty Beier, Vice Chairman Valerie Lash Cindy Peterson Beverly Bradshaw (Present until 6:00 p.m.) Members Absent: Thomas J. Burns, Chairman (Absent until 6:45 p.m.) Also Present: Linda A. Knopinski, Acting Executive Director -EHA Bob Kendall, Rehabilitation Specialist Mary A. Ryan, Recording Secretary -EHA II. READING AND APPROVAL OF MINUTES The Minutes of August 29, 1984, Regular Meeting of the Englewood Housing Authority Board of Commissioners, were accepted and approved as submitted. MOTION IT WAS MOVED BY CINDY PETERSON TO ACCEPT THE MINUTES OF THE AUGUST 29, 1984, MEETING OF THE ENGLEWOOD HOUSING AUTHORITY AS SUBMITTED . BETTY BEIER SECONDED THE MOTION. AYES: NAYS: ABSTAINED: ABSENT: BEIER, LASH, PETERSON NONE BRADSHAW BURNS The Vice Chairman declared the Motion carried. III. PUBLIC HOUSING The Status Report for the Duplexes, August l through August 31, 1984, was noted by the Englewood Housing Authority Board of Commissioners with little discussion. The Status Report for Orchard Place, August l through August 31, 1984, was noted by the Englewood Housing Authority Board of Commissioners with little discussion. The problem of trash being picked up by the disposal company in the early morning hours at Orchard Place was brought before the Board of COITlltissioners for an up-date report. It was reported that no problems are currently being encountered with pre-seven a.m. trash pickups . • I • • Englewood Housing Authority Board of Commissioners Regular Meeting September 26, l9B4 IV. SIMON CENTER • • • Page Three The Status Report for August l through 31, l9B4, was noted with no discussion by the Board of Commissioners. The resignation of Joyce Perry, Simon Center Manager, was brought to the attention of the Board of Commissioners. A brief discussion followed regarding the reasons Joyce Perry resigned. No action was required or taken. Ms. Knopinski informed the Board of Commi ssioners of her plans to use the appli cations submitted for Leased Housing Manager as applications for the Manager of Simon Center if allowed to do so by Employee Relations Department of the City of Englewood. v. SECTION 8 EXISTING The Section 8 Existing Status Report for August l through August 31 , 1984, was noted with no discussion by the Board of Conl!lissioners . Ms. Knopinski mentioned to the Board of Commissioners that Theresa Girtin has been doing an excellent job administering the Section 8 Existing Program as that program's Acting Leased Housing Manager. Ms. Knopinski noted the letter from June Q. Koc h, Department of Housing and Urban Development in Washington, D. C., regarding the Englewood Housing Authority not being selected for Project Self-Suffi ciency. Ms. Knopinski informed the Board of Commissioners that only three housing authorities in the State of Colorado received funding for Project Self-Sufficiency, those being Pueblo Housing Authority, Boulder County and Weld County. REHABILITATION PROGRAM VI. The Rehab Status Report for August l through 31 , 1984, was noted with no discussion. The Rehab Construction Status Re port for August 18 through September 18, 1984 , was noted with no discussion. Cindy Peterson asked if the Englewood Housing Authority wou ld ever receive a Rehab Financial Status Report and what the status of the Englew ood Housing Author ity audit was. Ms. Peterson also asked if the Rehab Financial Status Reports were being delayed because of the delay in completion of the Englewood Housing Authori~y audit. There was a brief discussion concerning the loan grantee who repeatedly lets his first mortgage payment go until near foreclosure, then pays the money due so that foreclosure cannot take place. Item E-3 on the Agenda, letter to the Executive Director concerning the Rental Rehab Workshop to be held on October 9 and 10 at the Capitol Hill CommuniLY Center wa s discussed briefly. Ms. Beier wondered who from the Englewood Housing Authority would be attending this workshop. Ms. Beier was informed that Ms. Jonas would be in attendance. (Janet Grimmett, Housing Finance Specialist, also attended.) -3- • I • • - • Engl ew ood Housing Authority Bo a rd of ColTlllissioners Regular Meeting Septem ber 26, 1984 • • • Page Two Li nda A. Knopi nski, Housing Administrator and Acting Executive Director (due to illness of the Ex ec uti ve Director t he day of the Meeting Septem ber 26, 1984) r epo r ted t hat Chri sty Wa l l, Ma nager of Orchard Place and the Duplexes, had re - ceived 70 r e s pon ses to the pet questionnaire sent to public housing and Simon Cent er tenant s . On l y two tenants wanted pets, and those pets were cats. Cindy Peterson wanted to know if the results from this pet questionnaire would be sent to our congressional representatives so they would know what the persons in assisted ho using desired concerning pets. Item B-3 on the Agenda, the Budget Analysis was submitte d to the Englewood Housing Authority Board of ColTlllissioners for information only. No action was required or taken by the COITlllissioners. Beverly Bradshaw brought up the subject of Englewood City Council's concerns regarding the percentage of Section 8 Existing housing in the City of Englewood in conjunction with t he possib l e negativ e impact on the City of Englewood in view of the Downtown Rede velopment. Rehabilitation loan eligibility for low-income families living outside of the target areas wa s also a conce rn of City Council. It was Ms. Bradshaw's suggestion that a needs-assessment report for rehabilitation work outside of the target areas be done and pre se nted to the City Coun ci l at the Budget Retreat. Items B-4, C-2, and D-2, 1985 Operating Budget Requests were noted collectively by t he Englewood Housing Authority Board of Commissioners with no discussion. Item B-5, Computation of Fixed Annual Contribution was noted with no discussion by the Englewood Housing Authority Board of Commissioners. Item B-6, the Maintenance Status Reports were submitted to the Board of ColTlllissioners who noted that Frank McCoumb, Maintenance Supervisor, seems to be very organized and doing a good job. The length of time (great number of hours) needed to refurbish apartments was questioned. Linda A. Knopinski explained the many tasks involved in refurbishing the uni ts. Item B-7, Request for Maintenance Supervisor to attend the 1985 NAHRO Maintenance Workshop in Billings, Montana, on October 31 , November l and 2 , 1984, was brought before the Board of Corrmissioners. Ms. Knopinski noted that the workshops were excellent job training. MOTION BEVERLY BRADSHAW MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS AUTHORIZE THE MAINTENANCE SUPERVISOR OF THE ENGLEWOOD HOUSING AUTHORITY TO ATTEND THE 1985 NAHRO MAINTENANC E WORKSHOP BEING PRESENTED IN BILLINGS, MONTANA, ON OCTOBER 31, NOVEMBER l AND 2, 1984. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BEIER, BRADSHAW, LASH, PETERSON NONE BURNS The Vice Chairman declared the Motion carried. -2- • I • • • Englewood Housing Authority Board of Commissioners Regular Meeting September 26, 1984 IV. SIMON CENTER • • • Page Three The Status Report for August l through 31, 1984, was noted with no discussion by the Board of Commissioners. The resignation of Joyce Perry, Simon Center Manager, was brought to the attention of the Board of Commissioners. A brief discussion followed regarding the reasons Joyce Perry resigned. No action was required or taken. Ms . Knopinski informed the Board of Commissioners of her plans to use the applications submitted for Leased Housing Manager as applications for the Manager of Simon Center if allowed to do so by Employee Relations Department of the City of Englewood. v. SECTION 8 EXISTING The Section 8 Existing Status Report for August l through August 31, 1984, was noted with no discussion by the Board of Commissioners. Ms. Knopinski mentioned to the Board of Commissioners that Theresa Girtin has been doing an excellent job administering the Section 8 Existing Program as that program's Acting Leased Housing Manager. Ms. Knopinski noted the letter from June Q. Koch, Department of Housing and Urban Development in Washington, D. C., regarding the Englewood Housing Authority not being selected for Project Self-Sufficiency. Ms. Knopinski informed the Board of Commissioners that only three housing authorities in the State of Colorado received funding for Project Self-Sufficiency, those being Pueblo Housing Authority, Boulder County and Weld County. VI. REHABILITATION PROGRAM The Rehab Status Report for August l through 31, 1984, was noted with no discussion. The Rehab Construction Status Report for August 18 through September 18, 1984, was noted with no discussion. Cindy Peterson asked if the Englewood Housing Authority would ever receive a Rehab Financial Status Report and what the status of the Englewood Housing Authority audit was. Ms. Peterson also asked if the Rehab Financial Status Reports were being delayed because of the delay in complet ion of the Englewood Housing Authority audit. There was a brief discussion concerning the loan grantee who repeatedly lets his first mortgage payment go until near foreclosure, then pays the money due so that foreclosure cannot take place. Item E-3 on the Agenda, letter to the Executive Director concerning the Rental Rehab Workshop to be held on October 9 and 10 at the Capitol Hill Community Center was discussed briefly. Ms. Beier wondered who from the Englewood Housing Authority would be attending this workshop. Ms. Beier was informed that Ms. Jonas would be in attendance. (Janet Grimmett, Housing Finance Specialist, also attended.) -3- • I • • • Englewood Housing Authority Board of Commissione rs Regular Mee tin g September 26, 1984 • • • Page Four Item E-4 on the Agenda, Grant Application to State Division of Housing was briefly discussed concerning the needs for rehabilitation money. MOTION IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS APPROVE THE APPLICATION FOR A GRANT OF $250,000.00 FROM THE STATE DIVISION OF HOUSING TO BE USED BY LOW INCOME HOUSEHOLDS FOR REHABILITATION OF OWNER-OCCUPIED DWELLINGS. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BEIER, LASH, PETERSON NONE BURNS, BRADSHAW The Vice Chainnan declared the Motion carried. Item E-5, ARRP Status Report for August 20, 1984, through September 18, 1984, was noted by the Board of Cormlissioners with no discussion. Item E-6, Use Taxes on ARRP B•Jilding Pennits. MOTION IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS GO INTO EXECUTIVE SESSION TO DISCUSS LEGAL COUNSEL'S OPINION CONCERNING USE TAX. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRAD SH AW The Chainnan declared the Motion carried . MOTION IT WA S MOVE D BY BETTY BEIER THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF CO MM IS- SI ONERS LEAVE EXECUTIVE SESSION AND RESUME THE REGUL AR PORTION OF THE MEETING HELD SEP TEMBER 26, 1984. CINDY PETERSON SECONDED THE MOTION. AYES: NAY S: ABSENT: BURNS, BEIER, LASH, PETERSON NON E BRADSHAW The Chainnan declared the Motion carried . -4- • I . . • .. Englewood Housing Authority Board of Commissioners Regular Me eting September 26, 1984 MOTION • • - Page Five IT WAS MOVED BY CINDY PETERSON THAT THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY HAVE LEGAL COUNSEL FOR THE ENGLEWOOD HOUSING AUTHORITY CONTACT THE ENGLEWOOD CITY ATTORNEY AND REQUEST A MEMO FROM THE ENGLEWOOD CITY ATTORNEY TO THE FINANCE DIRECTOR AND BUILDING DEPARTMENT DIRECTOR OF THE CITY OF ENGLEWOOD CONCERNING THE EXEMPTION OF THE ENGLEWOOD HOUSING AUTHORITY FROM PAYMENT OF THE USE TAX. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman declared the Motion carried. VIII. COMMISSI ONERS' CHOICE It was announced at the beginning of the Regular Meeting of the Englewood Housing Authority Board of Commissioners held September 26, 1984, that Beverly Bradshaw was appointed to a second term as a Commissioner of the Englewood Housing Authority Board of Commissioners. Due to an unavoidable conflict in her schedule, Ms. Bradshaw was issued the oath for this appointment at the beginning of the Meeting . The oath was notarized by Robert Kendall, Rehabilitation Specialist. Ms. Bradshaw's second term as a Commissioner will run from July 1, 1984, to July 1, 198g. Valerie Lash reported to the Board of Commissioners on the NAHRO Commissioners' Educational Conference held in Denver on July 27 and 28. MOTION IT WAS MOVED BY VALERIE LASH THAT THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD SEPTEMBER 26, 1984, BE ADJOURNED. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman Declared the Motion carrried. MOTION CINDY PETERSON MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS GO INTO EXECUTIVE SESSION IN ORDER TO SET A DATE FOR THE EVALUATION OF THE EXECUTIVE DIRECTOR OF THE ENGLEWOOD HOUSING AUTHORITY. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman declared the Motion carried. -5- • I • • • Englewood Housing Authority Board of Commissioners Regular Meeting September 26, 1984 • • • Page Six The Regular Meeting of the Englewood Housing Authority Board of Commissioners adjourned at 8:15 p.m. on Wednesday, September 26, 1984. Mary A. The Minutes of the Englewood Housing Authority Board of Commissioners Regular Meeting held September 26, 1984, stand approved as amended. -6- • I . I. CALL TO ORDER. • • • URBAN RENEWAL AUTIIORITY November 7, 1984 9 r The regular meeting of the Urban Renewal Authority was called to order by Chairman Voth at 5:30 P. M. Members present: VanDyke, Voth, Cole, Minnick, Neal, Novicky, Totton Nonvoting Alternate Mcintyre Executive Director Susan Powers Members absent: None Also present: Assistant Urban Renewal Authority Director Hinson City Manager McCown City Councilman Higday Relocation Officer Belnap EDDA Director Penney Dietrich II . APPROVAL OF MINUTES. October 1, 1984 October 3, 1984 October 24, 1984 October 30, 1984 Chairman Voth stated that the Minutes of October 1, October 3, October 24, and October 30 were to be considered for approval . Hin nick moved: Cole seconded: The Minutes of October 1, October 3, October 24, and October 30, be approved as written. Mr. Voth ruled the motion carried, and the minutes stand approved. III. ENGLEWOOD GLASS RELOCATION CLAIM 113 . 3673 South Inca Street Ms. Powers suggested that this item be considered first, inasmuch as Mr. Dyche, owner of Englewood Glass, had indicated he would be late in getting to the meeting, and did want to present his appeal on previous relocation claim decisions. Ms. Belnap reviewed the relocation claim filed by Englewood Glass; this claim encompasses expenses for installation of the telephone system, and for replacement of obsolete materials, as well as pre-paid directory advert i8 ing. Mr. Loach, Merle Norman Cosmetics, entered the meeting. Discussion ensued. Novicky moved: Minnick seconded: Th Urban Renewal Authority approve the payment of $6,113.58 to Englewood Cl 88 for their fiaal reloca- tion clsim. • I • • • • - -2- Mr. Neal discussed the guidelines on reimbursement for prepaid advertising. Ms . Belnap stated that the amount in this case is over $5,000, and the limit which was established by the Authority has been exceeded o n at least three previous occasions. It was pointed out that Englewood Glass will be retaining the same telephone number, so that if one wanted to call, the number listed in the telepho n e directory is still applicable. Discussio n ensued. With the consent of the seco nd, Mr. Novicky withdrew his motion. Mr. Neal suggested that the cost of pre-paid advertising be only 50% of that which could be paid if a telephone number remains the same . Mr. Voth suggested that inasmuch as Mr. Loach is present for his discussion with the Authority, that this matter be delayed to later in the meeting. IV. GEORGE LOACH Merle Norman Cosmetics Ms. Belnap stated that a couple of meetings ago, she presented members of the Authority with a letter from Mr. Loach stating his plans to sell his business; this is proving very difficult to do for several reasons. Mr. Loach has indicat ed to Ms. Belnap that he wants to appeal for com- pensation for loss of business; he is being forced out of business be- cause he cannot find a buyer. Ms. Powers pointed out that the Sta t e Statutes specifically prohibits compensation for lo ss of business. Mr. Loach addressed the Authority , stating that he has been trying t o sell the business, but prospective buyers do not want to have to relocate and do tenant finish in addition to buying the business. Mr. Loach stated that he is not physically able to relocate the business, and has, in fact, been planning to sell the business for some time in order to accrue income for medical expenses he will be experiencing in the near future. Mr. Loach stated that the matter of the franchise sale wo uld have to be approved by the home office for Merle Norman Cosmetics, and a buyer for this business would have to abide by the parameters of the franchise insofar as the area to which they could relocate, etc. Mr. Loach stated that he feels his business is a special case , and it is not addressed in the Relocation Handbook. If the Authority will compensate for advertising to move a business, will the Authority also pay for advertising the closure of a business. If the business cannot be sold prior to January 15, 1985, th e merchandise will have to be shipped back to the supplier; will the Au- thority pay parcel post rates to have the merchandise shipped, and the cost he must stand to return the merchandise, which is 10% of the in- ventory cost. Mr. Neal asked what inventory value Mr. Loach was discussing. Mr. Loach estimated $6,000. Ms. Powers stat d that she felt the advertising cost for sale of property and/or closure of busines could b an eligible cost for compensation. Mr. Neal asked H Hr. Loach could "s 11" the franchise. Mr. Loach stat d that this bu ines i not that typ of franchise. Mr. Loach stated that he has been in busines t this loc tion for 30 years, nd has a co mplet custom r fil • • I • ( • • • • • -3- Ms. Powers stated that she felt the shipping charges (parcel post) would be treated as a "moving" expense, and would be compensable. Ms. Belnap pointed out that the Relocation Handbook does not make pro- vision for compensation to move beyond a 50 mile limit; the Authority may want to make an exception on this point. Mr. Voth stated that the Authority will take this matter into considera- tion later in the meeting, and try to arrive at a solution. The staff will be in touch with Mr. Loach regarding the Authority determination. Mr. Loach thanked the Authority for their time. V. ENGLEWOOD GLASS Relocation Claim Appeal Mr. Raymond D. Dyche had entered the meeting during the discussion with Mr. Loach. Ms. Belnap stated that Mr. Dyche is present to discuss an appeal to the Authority on items disapproved in previous relocation claims. Mr. Dyche stated that he wanted to thank the Urban Renewal Authority for what they have done to assist him in the relocation thus far. He stated that Ms. Belnap's efforts on his behalf are most appreciated. Mr. Dyche discussed his appeal to the Authority on two points: The tele- phone system he had in the store on South Acoma Street was not moved by determination of the telephone company, and he was forced to purchase a new, comparable system. Also, the cost for core drilling for installa- tion of pipe racks for glass storage is a cost which was denied for com- pensation. Mr. Voth stated that the Authority will consider Mr. Dyche's appeal, and let him know of the determination at the earliest possible time. IV (b) GEORGE LOACH Merle Norman Cosmetics Mr. Mcintyre pointed out that Mr. Loach has stated that he wanted to sell the business, and would have done so regardless of the Urban Re- newal Authority; therefore, he did not feel that the URA is actually "put ting him out of business." Discussion ensued. Ms. Powers reiterated that the Authority cannot pay Mr. Loach for a "loss of business". She did feel that shipping and ad- vertising costs were compensable. A payment to businesses going out of business in lieu of other compensa- tion was discussed. Mr. Neal stated that he would support making a payment similar to what was done in Boulder and Arvada, and suggested a figure of $2,500 in lieu of other comp nsation to those businesses who cannot continue, such as Mr. Leach's business. Further discussion ensued. Mr. Novicky suggest d that inasmuch s a claim has not been filed by Mr. Loach, th Authority should wait to mak a determination until the claim is fil d • • I • • • • • • -4- Discussion ensued. Ms. Cole stated that she would have no problem with a payment in lieu o f other payments for businesses going out of business. Mr. Neal suggest ed that this payment should be limited to $2,500.00. Mr. Nov1cky excused himself from the meeting at 6:35 P. M. Mr. Voth asked the date this business had to be out. Ms. Powers stated the business must be gone by January 15, 1985. Discussion ensued. Ms. VanDyke suggested that any amendment to the Hand- book be contingent on review by the Authority legal counsel. VanDyke moved: Totton seconded: AYES: Minnick, NAYS: None ABSENT: Novicky ABSTAIN: None The Urban Renewal Authority amend the Relocation Handb oo k to provide a flat fee payment of $2,500 1.n lieu of any other form of compen s ation to any business terminating business as a result of Urban Renewal Authority action. Titis policy is to be reviewed by legal counsel Benedetti prior to being instituted. Neal, Totton, VanDyke, Voth, Cole The motion carried. III (b). ENGLEWOOD GLASS RELOCATION CLAIM #3 Discussion on the relo ca tion claim filed by Mr. Dyche followed. Concern was expressed on reimbur seme nt of pre-paid advertising in the yellow pages when the telephone number is not c hanged. Neal moved: The Urban Renewal Authority amend the guidelines for reimbursement of pre-paid yellow-page advertising to state that when a bu siness relocates within the same telephon e exchange, and the telephone number does not change, that reimbursement will be 50% of the cost. Titere was no second to this motion. Further discussion ensued. Neal moved: Minnick second d: The Urban Renewal Authority approve payment of $3,481 .08 to Englewo od Glass on the third and final relocation claim. AYES: Totton, VanDyke, Voth, Col , Minnick, Neal NAYS: None ABSENT: Novicky ABSTAIN: None The motion c rri d • • I • • • • • • -5- V {b). ENGL~'WOOD GLASS RELOCATION CLAIM APPEAL Mr. Dyche's request for reconsideration on telephone expense and the core drilling for the glass rack pipes was considered. Neal moved: Tatton seconded: The Urban Ren ewal Authority reaffirm their previous determination on Mr. Dyche 's relocation claims, and the appeal is denied . AYES: Tatton, VanDyke, Cole, Minnick, Neal NAYS: None ABSENT: Novicky ABSTAIN: Voth The motion carried. VI. FINANCIAL REPORT Eric Johannisson Ms. Powers stated that Mr Johaanisson, Re venue Chief for the City of Englewood, has been asked to attend the meeting to discuss the statements included in the packets on the investments of the bond money. Mr. Johannisson reviewed the investment documents with the Authority. Ms. Powers asked if interest earnings are going back into the two funds. Mr. Johannisson stated that this is something he needs to discuss with Ms. Powers. Mr. Higday excused himself from the meeting at 7:15 p.m. The members of the Authority further discussed the financial statements with Mr. Johannisson, and thanked him for his attendance. VII. RELOCATION CLAIM. Jackie McGrath Ms. Belnap presented a relocation claim for Jackie McGrath & Co., Inc. This company moved to Littleton on October 31, and this is a partial claim covering costs of cartage, pre-paid yellow page advertising, and advertising the move. Staff recommends payment of the amount requested, which is $13,892.02. Minnick moved: Neal seconded: The Urban Renewal Authority approve payment to Jackie McGrath & Co., Inc. in the amount of $13,089 as partial payment on the relocation cos ts. AYES: VanDyke, Voth, Cole, Minnick, Neal, Tatton NAYS: None ABSENT: Novicky ABSTAIN: Non The motion carried • • I • • • • • • -6- VIII. RELOCATION CLAIM Armed Services Recruiting Ms. Belnap reviewed the request for payment to A. T . & T. for reinstalla- tion of telephone services at the offices in the amount of $1522 .50. Minnick moved: VanDyke seconded: The Urban Renewal Authority approve payment of $1,522.50 to A. T. & T. for r einstallation of telephone servi ce to the Armed Services Recruiting Offices . AYES: Voth, Cole, Minnick, Neal, To tton, VanDyke NAYS: None ABSENT : Nov icky ABSTAI N: None The motion carried. IX. RELOCATION CLAIM . Transportation Consultants of Colo rado, Inc. Ms. Belnap reviewed a relocation claim request filed by Transportation Consultants of Colorado, Inc.; this company will move to 3255 South Acom a Street in mid-Novemb e r. This is a self-move, and the first claim asks compensation for ca rtage and pre-paid advertising. Further claims will be filed after the actual move. Totten moved: Cole second ed: The Urban Renewal Authority approve payment of $1 ,550.35 to Transportation Co nsultants of Colorado, Inc. as par- tial payment for their relocation expenses. AYES: Co l e , Minnick, Neal, Totten, VanDyke, Voth NAYS: No ne ABSENT: No vicky ABSTA IN: None The motion carried. X. RELOCATION CLAIM. Clarion Productions Ms. Belnap reviewed th following their move. claim, and stated that claim. r l ocat ion c laim filed by Clarion Productions Ms. B lnap r viewed the items covered in this staff r co mm nds payment of $2,531 .23 on this VanDyke moved: Neal seconded: The Urban Renewal Authority approve payment of $2 ,531.23 to Clarion Pr oductions as the final relocation claim payment. AYES: Minnick, Neal, Totten, VanDykc, Voth, Cole NAY S: None ABSENT: Novicky ABSTAIN: None The motion carried • • I • • ( • • • • -7- XI. RELOCATION CLAIM Ali-Baba Rest au rant Ms. Belnap discussed the relocation claim filed by AlCase Corporation for moving of the inventory and equipment of the Ali-Baba Restaurant in July. This inventory and equipment h as been in storage since that date, and the request covers cartage, packing, unpacking, and storage costs . Mr. Neal questioned this payment inasmuch as the restaurant had been closed down by the state, and this corporation apparently foreclosed on the equipment and inventory prior to the URA becoming involved. Dis- cussion ensued. Ms. Belnap stated that she has attempted to reach Mr. Opperman to get a legal opinion on this matter, but has been unable to do so to this point in time. Mr. Neal stated that he did not feel the Authority should pay AlCase Corporation for the costs of their confisca- tion of the inventory and equipment of the restaurant because of fore- closure. Mr. Minnick suggested that this request be tabled until legal opinion is obtained. Mr. Voth and Mr. Totten agreed that a legal opinion is needed. Minnick moved: Cole seconded: The decision on the Relocation Claim for AlCase Corpora- tion (Ali-Baba) be postponed until legal counsel has reviewed it and an opinion is received by the Authority on the ownership and rights of the claim. AYES: Neal, Totten, VanDyke, Cole , Minnick NAYS: None ABSENT: Novicky ABSTAIN: Voth The motion carried. XII. RELOCATION CLAIM Ginny's Hairstyling Ms. Belnap reviewed the relocation claim filed for Ginny 's Hairstyling; this business is moving to the Brookridge Shopping Center in November, and joining an existing barber s hop. This will be a self-move, and the request presently includes cartage, packing, and unpacking. An addi- tional claim will be filed following the move. Totten moved: Neal seconded: The Urban Renewal Authority approve payment of $5,804.00 to Ginny's Hairstyling as a partial payment for reloca- tion costs . AYES: Totten, VanDyke, Voth, Cole, Minnick, Neal NAYS: None ABSENT: Novicky ABSTAIN: Non The motion carri d . • I • • • • • • -8- XIII. RELOCATION STATUS REPORT. Ms. Belnap reviewed the relocation status report, and gave a projection on relocations during the months of November, December , January, February, and April or May. Ms. Belnap excused herself from the meeting. XIV. REDESIGN FEE FOR BOX CULVERT EXTENSION. McLaughlin Water Engineers Ms . Powers stated that this request for the redesign fee for the box culvert extension is a result of the City determinations on the loca- tion of City Hall. The amount is for $30,000.00. Discussion followed . Minnick moved: Neal seconded: The Urban Renewal Authority approve the amendment to the contract with McLaughlin Water Engineers for the redesign fee for the box culvert extension in the amount of $30,000.00. AYES: Totton, VanDyke, Voth , Cole, Minnick, Neal NAYS: None ABSENT: Novicky ABSTAIN: None The motion carried. XV. NEGOTIATOR FEE INCREASE. Scott McDowell Ms. Powers discuss e d a r e qu est filed by URA Negotiator Scott McDowell f o r an increase in his fees from $25 .00/hr. to $37.50/hr. When Mr. McDowell was hired two years ago , the range of fees f o r negot iators was from $25 -$45/hr.; however, the current range is from $35 -$50/hr. Mr. McDowell is requesting $37 .50/hr.; staff is recommending $35/hr. Discussion ensu ed . Minnick moved: Totton seconded: The Urban Renewal Authority approve an increase in the per hour fee for Negotiator Scott McDowell from $25/hr. to $3 7.50/hr.; this increase is to be effective for a two-year period. AYES: VanDyk e , Voth, Cole, Minnick, Neal, Totton NAYS: None ABSENT: Nov icky ABSTAIN: None The motion carried . XVI. ROECKER DESIGN GROUP . Ms. Powers discussed a proposal from Roecker Design Group to provide design standards for the public right-of-way improvements along the east side of South Broadway betwe en Eastman and U.S. 285. This company is presently under contract to Brady Corporation, and is working o n the • D I • • • • - -9- theme, logo, and choosing light standards for the Parkway. EDDA has indicated a willingness to participate in the cost of installing similar improvements along Broadway on the east side, and the City would also be asked to contribute to this cost. Ms. Powers stated that Roecker Design Group has been invited to attend the regular meeting of the Authority in December, at which time the City Council will be invited to attend to see their presentation. Discussion ensued. Ms. Dietrich of EDDA stated that she understood the EDDA funds would be used for the actual installation of the improvements, but that EDDA is not interested in financing another study. Further discussion ensued . Mr. Neal stated that he felt there is need for a basic understanding on the concept for the creek and the new parkway, and then get into the Broadway area. Ms. Dietrich asked if there was an estimate on the cost, and a time frame on this. Ms . Powers stated that there is no estimate of cost at this time; they would hope to begin next spring. Ms. Dietrich discussed the funds that have been voted for commitment to this project by the EDDA : $20,000 + $10 ,000 a year for a three year commitment. Ms. Powers stated that none of these funds are budgeted in the URA budget, so it will be charged at this time to the "Administrative" portion of the budget. She further suggested a c h ange in the wording --"up to $10 ,000." VanDyke moved: Minnick second ed: The Urban Renewal Authority approve the hiring of Roecker Design Group to design plans o n the east side of South Broadway from Eastman Avenue south to U.S. 285, and other areas in downtown Englewood, at a fee up to $10,000 . AYES: Voth, Cole , Minnick, Neal, Totton, VanDyke NAYS: None ABSENT: Novicky ABSTAIN: None The motion carried. XVII. CENTENNIAL CHAMBER OF COMMERCE BUILDING 180 West Girard Avenue. Ms. Powers stated that at the time the Chamber of Commerce building was available for purchase, the Authority had not yet floated bonds, and had no funds with which to purchase the building. The City of Englewood transferred funds to the Authority, with the understanding that after the bonds proceeds were in, the City would be repaid the $80,000 ad- vanced for purchase of the Chamber property. However, the size of the bond issue was not sufficient to cover the repayment of thia sum, plus oth r expenses that have been higher than anticipated, and the Authority cannot financially, at this time, repay the $80,000 to the City of Engl wood. Discussion ensued. • I • • • • • • -10- VanDyke moved: Minnick seconded: The Urban Renewal Authority inform the City Council of the City of Englewood of the Authority's sincere intent to reimburse the City the $80,000 advanced for the Chamber property purchase at some time in the future. AYES: Cole, Minnick, Neal, Tatton, VanDyke, Voth NAYS : No n e ABSENT: Novicky ABSTAIN: None The motion carried . XVIII . LAWSUIT UPDATE . Ms. Powers stated that Mountain Bell has dropped the suit against the City of Englewood on the relocation of their cables at Hampden Bridge at this time. This suit may be reinstituted at some time in the future. Mr. Eisen 's attorney has notified the Urban Renewal Authority legal staff that the suit against the Authority regarding listing the property for acquisition of their desire to dismiss this suit. The Authority legal staff has agreed to this dismissal with prejudice. Mr. Minnick inquired about the relocation of Western Union. Mr. Hinson stated that this relocation has been made to 3375 South Bannock Street, and a relocation claim is anticipated in the near future. There was no down-time in this change over, and there does not appear to be a legal problem at this time. XIX . LIMITED PARTNERSHIPS. Ms. Powers stated that the formation of Limited Partnerships by the r e- developer is permitted by the Redevelopment Agreement, and stated that approval for adding additional members to the Limited Partnerships was given at the meeting of October 24th. Ms. Powers discussed the issuance of Industrial Revenue Bonds for the King Soopers development. XX. FINANCIAL UP-DATE. Ms. Powers reviewed th Financial Update for the Authority; this update indicates expenditures and rev nues on each property and projec t. XX!. DEMOLITION OF FINER OFFICE BUILDING. Mr. Hinson r view and Mr. Al Fin r, Mr. Finer hu ace for purch is b d th n gotiations betw en the Urban R newal Authority owner of prop rty in the 3500 block of South Broadway. pt d th off r to purchase his property, and a contract ing pr par d. • I • ( ( • • - -11- There is a small, vacant office building adjacent to Little Dry Creek, which was damaged when the roof of the structure at 3550-54 collapsed in April, 1984. Mr. Finer has stated that he has seen several vagrants around the building, and soae high school students have been seen loitering in the immediate area. Mr. Finer's request is that the Authority take steps now to remove this structure, and that he would grant the Authority the right of entry to do so prior to the actual closing on the sale of his property to the Authority on June 30, 1985. Mr . Hinson stated that when the Eagle Wrecking Company was demolishing the structure at 3550-54 Sou th Broadway, they gave an estimate of $5,000 to demolish this small office building. Mr. Hinson stated that he asked Fletcher Enterprises, with whom the Authority has a demolition contract for work on South Bannock Street, to view this structure and give an estimate for demolition; this estimate is $2 ,800, and staff r ecomme nds that the demolition contract with Fletcher Enterprises be amended to include the demolition of this office structure in the amount of $2,800. Tatton moved: Cole seconded: The Urban Renewal Authority approve the amendment of the contract with Fletcher Enterprises to include the demolition of Mr. Finer's office building, total amount of contract to be amended by an additional $2,800 .00. AYES: Minnick, Neal, Tatton, Va nD yke , Voth, Cole NAYS: None .. ABSENT: Novicky ABSTAIN: None The motion carried. XXII. LAND ACQUISITION. Mr. Hinson reported the Authority will be closing on the purchase of Englewood Hardware on November 8. The Authority will also close on KRAVCO property on November 8th, also. XXIII. FIRST NATIONAL BANK. Ms. Powers reviewed negotiations with the First National Bank on the acquisition of right-of-way for Englewood Parkway. The Bank had initially agreed to a land trade, but have since stated they would prefer to have an actual sale of the property. Ms. Powers discussed alternate parking areas that are being considered by the First National Bank to compensate for some that will be lost when the Parkway is constructed. VanDyke moved: Cole seconded: The Urban Renewal Authority offer the First National Bank of Englewood $12.00 per square foot for the 21,350 square feet of land necessary for the Englewood Parkway con st ruction. AYES: Neal, Tatton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Novicky ABSTAIN: None .~----------------------------.. • I • • • • - -12- The motion carried. XXIV. FIRST INTERSTATE BANK. Ms . Pow e rs discussed a proposed contract to exchange real estate, said contract to be between the EURA and First Interstate Bank of Englewood . This contract concerns the trade of parking areas on a 1:1.5 ratio and deals with a parking area north of Floyd Avenue owned by KRAVCO . KRAVCO is still clearing the sale of this lot with their major tenants in Cin- derella City. The proposed contract will give the Urban Renewal Autho rit y the right of entry and use f o r the lot for the Bank and public parking. Ms. Powers further reviewed th e contract, and no ted that this wa s receiv ed by the staff late this afternoon; a co py of this contract has been for- warded to First Interstate Bank for their consideration. Discussion e n- sued. Minnick moved: Cole seconded: The staff be authorized to pursue nego tiations on the Co ntract t o Exch ange Real Esta te with First Interstat e Bank of Englewood. AYES: NAYS: Tatton, Va n Dyke , Voth, Co le, Minnick, Neal None ABSf,lIT: ABSTAIN: Nov icky None The motion carried. XXV . DEMOLITION. Ms. Powe rs stated that the demolition of structures o n South Banno ck Street in the 3400 block is proceeding; the structure at 140-44-46 Wes t Hampden Avenue is already down. XXVI. NOTICE OF NEW LOCATION FOR RELOCATED TENANTS . Ms. Powers stated that the staff had a sign made giving new addresses for all relocated downtown tenants. This will be posted on the fence around the new King Soopers lot , and will be in place on November 8th. XXVII. AC TION ANSWERING SERVICE. Ms. Powers stated that there is a Court Hearing on November 19th to deter- mine what progress is being made on their new quarters. Ms. Powers point ed out that one problem has occured, in that the plumber used plasti c plumbing, which is not allowed by Code, and had to replace it. XXVIII. TAX INCREMENT INFORMATION. Ms. Powers stated that a copy of information she prepared for the City Manager on th Tax Increment District and income was included in the packet. • I • • - ( ( • • • • -13- There being no further business to come before the Urban Renewal Authority, the meeting was declared adjourned at 9:00 P. M. , rtrude G. Welty Recording Secreta I • • • • • - CITY OF ENGLEWOOD PLANN I NG AND ZONING COMMI SS I ON Novembe r 20, 1984 I . CALL TO ORD ER. 9 ,. Th e r eg ular meeting of the Ci t y Planning and Zon i n g Commission was ca lled t o o rd e r by Vi c e Chairman Be cker at 7:00 p .m . Me mb e rs present: Carson, Stoel, Tan guma, Venard, Barbre, Allen and Be c k e r. Romans , As sis tant Director o f Connnunit y Dev e lopm e nt. Me mbers absent : McBra yer a nd Ma g nuson . Also pre s e nt: Su s an T. King, Se nio r Planne r Jack Olsen, Cit y Att o rne y I I . APP ROVAL OF MI NUTE S. Novembe r 13 , 1984 Chai r man Beck e r s tat e d that the Minute s of No v e mber 13, 1 9 84 , were t o be con sidered fo r a pp r oval. Ve na r d mo ved: Ca r son seconded: Th e Minutes o f Novemb e r 13, 198 4 , b e ap p rov e d a s writ ten . AYES : Cars o n, St o el, Tan g um a , Ven a rd, Barbre , Allen. NAYS : None . AB STAIN : Be c ker. ABSENT : Mc Braye r a n d Ma gnus o n . Ill. COMPRE HEN SIV E ZO NING ORDINANC E . Mrs . Romans r e v i ewed the c han ges mad e in the Comp reh e n siv e Zoning Ord i na n ce at the p r e vio us me eting of the Planning Connn i s si on. Sh e n o t e d th at i n Sec t ion 16.2 b "Tr es pa ss" wa s changed t o "Ins pe c t". Mr. Ols en approved, a nd Mr . Tanguma ag r eed . I n Se c tion 16.2-3, "C e rt ifica t e of Oc cupa n cy ", the word i .ng was changed by the Connn i s s i on t o r ead: "Af t e r the ef fe c t i ve d a t e o f t his Or dina n c or any ame ndme nt h e r e t o , wh en a build i n g permit is r eq uired , a Ce r tificate of Occupancy shal l b e requ i red pr ior to t h e occupancy of t he building or structure." Mrs. Romans also noted t he s hortening of t he time required for legal notices and posting of property. Mrs. Becker asked the City Attorney for a list of responsibilities, rights and power of the Planning Commission . A typographical error was noted on page 8 , line 22. Mrs. Romans called th Commission 's atten tion to the Administrative Variance section , and she discussed it with Mr. Olsen . Mr. Olsen left th meeting at 8:00 p.m., asking that he be called at home if the Commission needed legal advice. Mrs. Romans not d changes in Section 16. 3 , saying t hat the new Or dinance would r quire that all the owners of the land t o b rezoned sirn rezoning applications. Unzon d property must have zoning initiated within 90 days. A meeting between the staff and applicants would be r qui r ed b fore any r zoning h aring so that applicants will know th City r quirements at the first stage of the rezoning • I • • • • • • -2- process . Minutes of these me e tings will be re quire d. The C'o n c lusion , f t he De partme nt will not be binding o n the app U c ant o r the Cit y . Rezoning appli •:a - tio ns sha ll expire afte r o ne Y• ~r if t h e y have no t been fi nalized, but prov ;i o n is made fo r a ~Lx-month ex e ns io n. 'rs. Romans s..iid t ha t quarterly rezoning hearing s would be continued, bu t hardship could cha :.~e the meeting dates. rt was noted th at t he pu bli-: notice a nd posting times we re not changed o n page S t o c onform with the ch..in :es already made; a nd the Commi ss ion as ked •hat they be chanii:ed . !rs. Romans sai · that permi tting the rezoning hearing t o be record ed by a n electronic recoru lng device goes along with the En g lewood Municipal Code which allows recording. She said that re zonings npproved by the Commiss i on will be sent to t h ·~ City Cou nc il. Rez nings wh ich are deni e d by the Commission w;ll be sen t to Coun ,~l only Lf the appli 3nt appeals. The Co uncil mu ~t hold a hearing if the applicant appeals the Commi ~sio n's de c ision, and Council is given 90 day s ro r action. In Section 16.3-7, applicants r e not permi t ted t o file for a second r ezoning of a property wt ~in 12 months. In Sectio n 16 .4 b, Mrs. Romans noted the changes pr0 posed concerning v e hicles parked o r stored in residential zones. The Commiss ,n aske d that (a) b e st ru ck . ~Ir . Tanguma and Mr. Allen objected to the limitation of the number of ve hicles stored on residential pro pe rt · . Di -;c ussi n ensued . The Commission asked that the section be rewritten. The Commissioners suggested that (7) and (10) be com bined and c larified. The Commission stated that it re cognizes that a grea t deal of Mrs. Romans' time we nt int o the Zoning Ordinan e , and stated that it ap pre ciates her efforts . Mrs. Ro mans said tha t the next meeting of the Planning Commission will be held on December 4, 1 · 4, a nd she sa id that it would be devo ted to the Zoning Ordinan '· Mr. C.1rson asked that meeti gs be held in Co nference Ro om A for all Ord inance work. There was no _ommiss ioner's Choice . The meeting adjourned at 9:20 p.m. 7 Sheryl Rousses Recording Secre tary • I • • n • ,. ORDINAOCE NO. fo I SERIES OF 198_4 __ _ • • • BY AUTHORITY CXXJNCIL BILL NO. 64 INTRODUCED BY COUNCIL MF11BER HIGDAY AN ORDINANCE APPROVING AN AGREEMENT WITH DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRC(X;) PROVIDING FOR CENTRALIZED FIREFIGHTER REX:RUITMENT AND TESTING. WHEREAS, the volune of applicants yearly for positions with the Englewood Fire Department is overv.helming; and WHEREAS, a joint program of recruiting and testing applicants by DRCOG would give participating local goverrrnents the avail- ability of a high quality applicant pool, reduce cost and staff workload, be in canpliance with affirmative action, improve testing methods and give better feedback on test effectiveness; Na-l, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN:>LEWCXX>, COLORADO, AS FOLI:.OOS: Section 1. The City COunci 1 of the City of Englewood hereby approves the attached agreenent with Denver Regional council of Goverrments entitled "Denv er Regional council of Goverrments Firefighter Testing Program Intergoverrmental J>J;jreement." Section 2. The Mayor and Director of Finance, ex officio City Clerk-Treasurer, are hereby authorized to sign and attest said agreement for and in behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of Decanber, 1984. Published as a Bill for an Ordinance on the 5th day of Decanber, 1984. Read by title and passed on final reading on the 17th day of Decanber, 1984. Published by title as Ordinance No. {:; / , Series of 1984, on the 19th day of Decanber, 1984. Attest: Eugene L. Otis, Mayor ex offiCfo City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City • I • ( • • • • of Englewood, COlorado, hereby certify that the above and foregoing is a true, a=urate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , series of 1984. --- Gary R. Higbee • I • • • • - DENVER REGIONAL COUNCIL OF GOVERNMENTS FIREFIGHTER TESTING PROGRAM INTERGOVERNMENTAL AGREEMENT Project No. 823000 Contract No . 85017 THIS AGREEMENT by and between the DENVER REGIONAL COUNCIL OF GOVERNMENTS Denver, Colorado ("DRCOG ") and City of Englewood (Local Government) RECITALS 1 . The Local Government has authority for fire service within its jurisdic- tion including the personnel power t o recruit, test and hire. 2 . The Local Government desires t o improv e the cost and operating effi - ciency associated with the test ing and screening of entry -level firefighters . 3 . A centrally adm in istered pro ject offers the best arrangement for addressing this need, as mult iple local governments usually receive applications from the same person , thus dupli cati ng each local government's cost . 4 . DRCOG has the capab ility to admin ister a centralized project for entry -level f i refighter test ing and screening . 5 . The Local Government desires to have DRCOG act as its agent and separate legal entity to manage certa in mutually agreeable testing and screening activities for entry -level firefighter applicants . 6. The Local Government here i n cooperates w ith other local governments who are signatories to like agreements t o provide the functions, services , and facilities necessary . 7 . Pursuant to Section 29 -1 -203 , C .R .S . 1973 the parties do enter into an intergovernmental contract for the provision of the services set forth herei n . . ;-------------------------...... • I • • • • THE PARTIES AGREE : 1 .0 PURPOSE 1 .1 The purpose of this agreement is t o provide for a cooperative arrangement between DRCOG and the Local Gov ernment and o ther local governments for the provision of centralized services for entry -le ve l test i ng and screening of fire - fighter applicants for the Local Go vernment and o th er local govern ments by DRCOG as agent and separate legal entity o f the loca l go vernments . ~O SCOPE OF SERVICC 2 .1 DRCOG will provide for the ma nag emen t of the program as the collective effort to centralize th e testing and s c r een in g fun c ti on s necessary to perform the fire service functions as set forth in Exh1b1t A . 2 .2 DRCOG agrees to provide sufficient professional and secretarial staff to effectively operate the p rog ram . 3 .0 PARTI C IPATING LOC AL GOVERNMENTS 3 .1 Additional local governments may coo perate through contract with DRCOG as part of the Firefighter Testing Progra m t o provide the functions , services and fa cilities necessary . 3 .2 Such local governments ma y include Cunning ham F i re Protection District , the City of Glendale , Lakewood Fire Pro te c tion District , the City of Sheridan , West Adams County Fire Protection District , and the City of Westminster . 4 .0 PAYMENTS BY LOCAL GOVERNMENT 4 .1 The Local Government agrees to pay DRCOG for f iref ighter test in g and screen i ng services for the te rm of this agreemen t the amounts and under the terms as set forth below . • I • 2 ( • • • • 4 .2 Payment to DRCOG shall be made in two (2) installments as indicated as fol lows : Total 1985 Cost First Insta llment Second Installment $1542 $ 771 Due 01 /01 /85 $ 771 Due 06/30/85 4 .3 The amounts , installments and per io d of payment provi ded in th is agree - ment ma y be mod if ied fr om t im e t o time by w ri tten amendment to this ag r eeme n t . Such amendment must be approv e d in w ri t ing by DR COG and the local gov ern - me n t . 5.0 PROJECT AS SISTANCE 5 .1 The Local Government shall provi d e an equ itable number of personnel hours, as determined by the pa r t icip at ing local governments th rough the Coor - dinat ing Committee for th e purpos e o f mo n it oring wr itten tests and such other tas k s as determ ined app ro p riate by the Coordinat ing Comm ittee . 5.2 The cont ri b u t io ns of s uch services shall not b e cons idered subst ituted se r- vi ces n o r r ed uce pa y me nt requiremen t s . 6 .0 MEMB ERSHIP ON A CO OR DIN ATI NG COMMIT T EE 6 . 1 The Loca l Governme n t shall appoint two (2) represe n tativ es to serve o n the Firefighter Testing Program Coordinating Com mittee for t he purpose o f representing the Local Government for the Firefighter T e sting Program . This may include the Fire Chief and the Personnel Officer or Civil S e rvice Commis- sion e r, or other appropriate representative . 6.2 This committee is responsible for establishing opera ting r ul es a n d p o lici e s . • I • • 3 ( • • ,. • 7 .0 TERM AND TERMINATION 7 . 1 The term of this agreement is from January 1, 1985 until December 31, 1985. 7 . 2 If an insufficient number of intergovernmental agreements is executed between D R COG and the participating local governments, as determined by DRCOG, then this agreement shall be deemed null and void . In such case, DRCOG shall send written notice to the participating local governments and return any payment installments r ece iv ed by DRCOG , prior to such notice , to the appropriate local governments. 8 .0 CONFIDENTIALITY 8 . 1 The parties will treat as confidential all in formation and testing data ( (f regarding all prospective and qualified applicants and to safeguard such infor - mation as it does in protecting its own property data . • 8 .2 The parties , including other parti ci pating local g ov ernments , shall be co-owners of al l data . 8 .3 DRCOG sha ll act as custodian o f such data and shall allow or deny inspection of su ch data pursuant to the Colorado Public Records Law . 9.0 LIMITATION OF LIABILITY 9 . 1 DRCOG 's liability for the Program application per applicant ceases upon submission of such names t o the Local Government . 9 .2 The local government agrees to 1demn1fy and hold DRCOG harmless for all actions of the local government . 9 .3 DRCOG makes no representations that any submission of qual ifi ed appli - cants to the local government will necessarily satisfy the Equal Employment Opportunity Laws or aff1rmat1ve action requirements of the local government. • I • 4 - • • • • 10 .0 NOTICES All notices required herein shall be in writing tendered by regular mail addres s ed : TO DRCOG : Denver Re g io nal Cou n cil of Governments 2480 West 26th Avenue, Suite 2008 Denver, Colorado 80211 TO LOCAL GOVE R NMENT: City of Eng lewood 3400 S. Elati Englewood , Co lorado 80110 11 .0 REPORT DRCOG shall submit to the Local Government a programmatic and fiscal report annually . 12 .0 DISCRIMINATION PROHIBITED 12 .1 The parties hereby assure and certify that they will comply w ith applica - ble nondiscrimination requirements relating to discrim ination on the basis of race, creed , col or, sex , national orig in , or handicap as set forth in appl ic able State and Federal laws . 12 .2 The parties further agree to comply with any legal , valid and bind ing regulations issued by State and Federal agencies pursuant to the authority or in effectuation of the r igh ts set forth in applicable statutory frameworks . This condition shall not be interpreted to require in any agency , project or function by this Agreement , any percentage ratio , quota system , or other such project to achieve racial , ethnic or sexual balance or to eliminate any such imbalance . 12 .3 The parties certify that eac h of them e ither has adopted and has on file an Equal Employment Oppo rtu ni ty P r o g ram as requ ired by 28 C . F . R ., Section 42 .301, ~. subpart E, or that no such program is required of that party consistent with the valid and enforceable provis ions of such regulation . • I • • 5 ( • • • • 13 .0 GENERAL 13 .1 Th is agreement , plus any Exhibits hereto , constitutes the entire agree- ment and supercedes all prev iou s Agreements , provisions and representations . 13 .2 This Agreement shall not be modified or rescinded, except in writing signed by the parties , which shall be incorporated as an amendment to the agreement . 13 .3 Nothing in this document restricts the Local Government from co nd uctin g , recruiting , and perform ing testing services for its own jurisdict io n , independent of this program . IN WITNESS WHEREOF , the parties have executed th is Agreement the day of -----' 1984 . Attest: James W. Belmear Administrative Officer Attest : DENVER f{EGIONAL COUNCIL OF GOVERNMENTS ("DRCOG ") By :~~~~~~~~~~~~~ Robert D . Farley , Executive Director C ITY OF ENGLEWOOD • I • • 6 , • • • • • EXHIBIT A FIREFIGHTER TESTING PROGRAM Major Program Features Common advertisement and program brochures Limited open application per io d once per year Common testing using a wr itten exam Centralized eligibility pool maintained year around Common minimum employment requ i rements Use of volunteers fro m p art icip at ing juris d ic t io ns to help in testing Major Program Activities 1 . Testing Materials Preparation (test b ooklets , forms) Mailing of Testing Not ices and Test Scores • Test Administration (s ite a rrangements , proc tor ing , grad i ng , summary stati sties) Answer Quest ions ; Ha nd le Appeals 2 . Appl icant Data Poo l/F ile Mai nten anc e Add New F iles /Upd a t e Exi st ing Fi le s Purge Old Fi les Respo n d t o R eq ue s t s Monthl y S tatu s Report s 3 . P rogra m Opera t ion • Ha ndle Requests for Program I nformat1on and Applications Staff Coordinat in g Committee Meetings Assist Program Marketing Le tters , Memos , Surveys Co nt r a c t Preparation and Amendments Ad vert ising Act1v1t1es P r epare Annual Program Reports • I • 7 ' (, • ORDINAOCE NO. U~ SERIES OF 1984 • • • BY AUTHORITY COUNCIL BILL NO. 65 Im'RODUCEO BY (X)IJNCIL MEMBER BILO AN ORDINAOCE APPROVING AN AGREEMENI' WITH CEm'ENNIA L WATER AND SANITATION DISTRICT TO INVESTIGATE FACILITIES NEEDED TO SERVE PROPERTIES ON 'll!E PERIPHERY OF 'IliE HIGHLANDS RAOCH SANITATION DISTRICT. WHERF.AS, the Centennial water and Sanitation District has found that it currently does not have sewage treatment capacity or water supplies available to serve landowners outside the boundaries of the District's present service area; and WHERF.AS, the Centennial water and Sanitation District is proposing that a Facilities Plan to investigate facilities needed to serve properties on the periphery of the Highlands Ranch Sanitation District be funded on a pro rata basis; and WHEREAS, Englewood's l't:::Lellan property borders this area; ~' 'll!EREFORE, BE IT ORDAINED BY THE CITY (X)IJNCIL OF 'IliE CITY OF EMiLEWOOD, COLORADO, AS FO~S: Section 1. The City Counci 1 hereby approves the agreanent with Centeruual Water and Sanitation District entitled "Landowner's Extended Service Ar ea Participation h:]reanent" for investigation of water and sewer facilities needed in property owned by the City of Englewood in the extended service area of Centennial water and Sanitation District. A copy of said h:]reanent is attached hereto and incorporated herein by reference. Section 2. City Council hereby authorizes the Mayor to sign and the Director of Finance, ex officio City Clerk-Treasurer , to attest said Jlqreanent for and in behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of Decanber, 1984. Published as a Bill for an Ordinance on the 5th day of Decanber, 1984. Read by title and passed on final reading on the 17th day of Decanber, 1984. • I • • -• • • 1 1 Published by title as Ordinance No. {p,A , Series of 1984, on the 19th day of Decanber, 1984. f • Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of EnglelNOOd, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance pas_sed on final reading and published by title as Ordinance No.~, Series of 1984. Gary R. Higbee • I • • n • I f • • - LANDOWNER'S EXTENDED SERVICE AREA PARTICIPATION AGREEMENT THIS AGREEMENT made and entered into as of this day of , 1984, by and between the CENTENNIAL WATER AND SANITATION DISTRICT, a quasi-municipal corporation of the State of Colorado (hereinafter called the •District• or •centennial•), whose address is 62 West Plaza Drive, Highlands Ranch, Colorado 80126, and (hereinafter called the •Landowner•), a whose address is ~~~~~~~~~~~ or their successors or assigns. WHEREAS, the Board of Directors of the District did on September 24, 1984 adopt Resolution No. 84 -181 establishing Policies and Procedures for Consideration of Requests for Exten- sion of Services (hereinafter referred to as •District Policy•): and WHEREAS, said District policy included, arnong other items, the following: 1. The Distric t hereby finds and declares that it currently does not have ava ilable excess sewage treatment capacity or excess water supplies to serve Landowners outside the boundaries of the District's present Service Area. 2. In considera tion of current economic, engineering and other feasibility factors, the practical limit of the area the District can consider for service beyond its current Service Area by expansion of its facilities and water supplies is as depicted on Exhibit A to the District policy and identified as the Extended Service Area (herein referred to a s •EsA•). 3. Lands lying within the ESA the owners of which are requesting wat er service from the District and who are ready, · willing and able to provide to the District usable water rights sufficient in quantity, quality and reliability to serve the uses contemplated thereon, will be considered by the District for water service. Lands lying within the ESA the owners of which are requesting sewage service from the Di strict , who are ready, willing and a ble to fund the additional facilities required for the District to provide the neces s ary sewage service to serve the uses contemplated thereon, and with respect to which the neces- sary regulatory permits therefor are reasonably likely to be obtainable, will be considered for service by the District. 4. The District shall, pursuant to written agreements with such owners to a dvance a nd pay the necessary costs thereof, prepare a Facilitie s Plan for lands in such am ounts of acreage, • I • f • • • • with such contemplated uses, and in such locations, that constitute reasonable increments of land for expansion of capacity, in order to determine the necessary facilities and costs to serve such lands. S. The District shall, pursuant to written agreements with such owners to advance and pay the necessary costs thereof, and in cooperation with such owners, prepare a proposed agreement or agreements (hereinafter collectively referred to as the •ser- vice Agreement•) contemplated to be entered into by District and a special district or districts or other governmental entity or entities (hereinafter collectively referred to as the •EsA Dis- trict•), establishing the terms and conditions under which Dis- trict will provide necessary water service or sewage service, or both, to the ESA District, recognizing however, that the District is not bound thereby until creation of such ESA District or Dis- tricts and due execution by the parties of such Service Agree- ment 1 and WHEREAS, the undersigned Landowner is desirous of entering into an agreement contemplated by said Resolution, including the payment of the legal and engineering costs of preparing the Facilities Plan referred to in paragraph 4 above and the written agreement referred to in paragraph S above, currently estimated at $50,000 (collectively referred to as •phase I Costs•). NOW, THEREFORE, the District and the Landowner (being all the parties hereto, and hereinafter collectively referred to as •parties•), for and in consideration of the premises and the ~utual promises hereinafter contained and in the mutual reliance of the District and each Landowner upon the execution and perfor- mance of this Agreement by the District and each of the other Landowners within the ESA, agree as follows: 1. By these presents, the District offers to those Landowners, executing this Agreement by 5:00 p.m. on Tuesday, December 4, 1984, the right to participate in paying for the total of 100t of Phase I Costs. The Portion of Phase I Costs payable by each Landowner shall be equal to an amount that bears the ratio to the total Phase I Costs as the amount of acreage set forth on page 6 hereof bears to the total acreage of all Land- owners participating in paying for the Phase I Costs pursuant to this Agreement and its counterparts as set forth on page 6 of such counterparts. The District agrees that in consideration for: a. the Landowner's execution of this Agreement, and b. so long as that Landowner pays its Portion of Phase I Costs, as defined above, That the Landowner shall be entitled to: 2 • I • • • • • - a. en j o y t h e ben efits o f the D i strict Policy, includ i ng the right t o as sig n its rights under this Agreement to a quasi-municipal corporat i on to be formed by said Landowner or Landowners, and b. have the Board of Directors of the District use its best efforts to obta i n approval for the construction of facili- ties that the Board determines are necessary to provide the capacity contracted fo r by the Landowner. 2. It is mutually agreed that the District may reject or accept an offer or offers, in whole or in part, if, by 5:00 o'clock p.m., on Tuesday , January 2, 1985, the Board of Direc- tors finds that the amount of service requested by the Landowner as of that date, has not been sufficiently subscribed for to make proceeding at this time economically feasible, or that some one or more of those Landowners who shall have subscribed by -Decem- ber 4, 1984 cannot, in the Board's judgment, reasonably be expected to be able to fully discharge the obligation of its subscription. If, by Thursday, December 20, 1984, it appears to the Board of Directors, in its sole discretion, that there is a strong likelihood the Board may need to reject or partially reject an accepted of f er or offers for any of the reasons and by the deadline set forth in this paragraph, the Board agrees that it will, on that date, mail notice of that likelihood to all sub- scribing Landowners. In such event, any other Landowner shall have a right to sub s titute itse lf for any of such Landowners which are subject to such no t ice in order to accomplish the p u r- poses of this Agreement. 3. It is mutually agreed that the Phase I Costs include bu t are not limited to the following costs : a. Amounts to b e p ai d b y the District to the it s Engineer for: i) p r e p a ring a F a c ili t ies Plan of fa cili t ies t o . be ovned b y the Dist r ict, ne ces sa r y to serve th e lands w i thin th e ESA o f La ndowners sign i ng th i s Agr e ement: ii) revising the present Fa cilities Plan for the present Centennial Water and Sanitation District Service Area to include the additional land of Landowners signing this Agreement: iii) the District to repl a ced by the Facilities Plan reviewing the present Facilities Plan for determine which specific facilities will be additional facilities provided for in the set out in subparagr a ph i), above: 3 • I • • • I • • .. - after the actua l expe n dit ure s ha ve b e en determined and a wr i tten statement thereof has bee n sen t to L andowner. b. Landowner shall have no obligation to pay any actual Phase I Costs in excess of $55,000 (the $50,000 estimated plus 10\) without the prior written consent of Landowner having been obtained, and any such excess cost, committed or expended by District prior to such consent having been obtained, shall be at the sole risk and obligation of the District. The work to be performed is set forth in Exhibits A and B attached hereto, which are the Statements of Work of the Engineers and the Attorneys. 6. This Agreement shall continue in force until the purposes of it set forth in paragraphs 3a and b have been accom- plished and all payments have been made, subject to earlier termination or extension by mutual agreement of all parties; pro- vided, that in the event of termination, all costs incurred by the District up to the date of termination shall be reimbursed by the Landowner. 7. A default by the Landowner shall exist if the Landowner shall fail to pay when due any amounts due hereunder, a n d such failure to pay shall continue for a period of thirty (30) days after notice thereof given b y the Di strict to the Landowner . Upon default by the Landowne r, al l rights he r eunder shall termi- nate and all payments made hereunder by the Landowner and expended by the District shall be forfeited. 8. Both parties a gree tha t in performing their respective obligations under this Ag r eement, they shall ea c h comply with all laws, rules, regulations, ord i nance s and orders of any govern- mental authority having juri sd i c t ion . 9. All notice s und er thi s Agreemen t sha ll be in wr iting, signed by the party giv ing t h e same and sha l l be deemed properly given and received when a ctu ally g i ven and re cei pted fo r o r three bu s iness days afte r mailing if sent b y regis te r e d or c e rti f ied Un i ted States ma il , p ost a ge prepa i d , add r es s e d to t h e party to receiv e th e n oti c e a t the a ddress set forth for s uch p arty in the first pa r a gr a ph of this Agreement, or a t such other a ddress a s either p a rty may notify the other of in writing. 10. This Agreement and any attachments or schedules referred to herein constitute the final and complete expression of the parties' agreements with respect to their respective rights a nd obligations, except to the extent that this Agreement may l a ter be a mended by instrument in writing . Each party a gre es th a t it h a s not relied upon or regarded a s binding a ny prior a greements, negotiations, representations o r u nderst a ndi n gs, whether oral or written, except as e x pressly set forth herein. s • I • • ( • • • - 11. None of the terms, conditions or covenants contained in this Agreement shall be deemed to be for the benefit of any per- son, customer or user not a party hereto. 12. Neither party may delegate its obligations under this Agreement without the prior vritten consent of the other party. Landowner may assign its rights hereunder to an ESA District to be formed or to the successors in interest to their land identi- fied on page 6 of this Agreement. Property Legal Description: CENTENNIAL WATER AND SANITATION DISTRICT, a quasi-municipal corporation BY: (If insufficient space, attach as an Exhibit) Property Size: acres. Sewage service requested in average daily flow in million gallons per day: Water service requested in average daily flow in million gallons per day: LANDOWNER BY : 6 • I • • • • • • • PRLPAP.A110N or W~1ER FAtllllll~ PlAN SCOPE. or WORK 1. Servtce Ana· ldent if\cat\on and 1'ttds 2. Current S1tuation 2.1 l•i•ting Intakes 2.2 Raw Storage 2.3 Existing System tapactties 3. Future Sttuation 3.1 Demographic. Economic. and Lend Use Projections 3.2 fl0\11' Requirements fvol""e, peak) 4. Development of Alternatives 4 .1 lreatment Plant bpans ion 4.2 Role of Groundwater 4.3 Hydraulic Metwork Analysis 4.4 lreated Storege 4.5 ftc1lity aequtrements 4.6 Evaluation of Alternatives 4.6.1 Costs (capital. 0 & M) 4.6.2 lelitbility 4.6.3 [nerQ.Y Considerations 5. Selected Plan 5 .1 Description 5.2 tosts 6. l~l1111entation ,mHt ik • "EXHIBIT A" I . • • I • • • - PRtPAAAHON Of W'-Sl[WJ,HR JAc.lL11ll~ PL~t\ SCOl't or WOR~ 1. Project tteed and Servitt Arte~ ldentUication . 2. Effluent L111it1t,ons 3. turrtnt Situation 3.1 ta1sting Env1roTWl'tent of the Plann,ng Are• 3.2 Cxht,ng Waste-tater Flows and 1reat1nent Systems 3.3 Water Qual Uy and Quantity 3.4 lnfiltraUon and lnflO'll (1/1) 3.5 Perfonnance of Existing Otsigns 4. future Situation 4.1 0em0graphic. Economic. and Land Use Projections 4.2 forecasts of flows and Wasteloads 4.3 future Environment •ithout the Project 5. Development of Alternatives 5.1 tapans,on of Ea,sting facilities 5.2 Alternatives to Discharge t.o Platte 5.3 (valuation ~f Systems 5.3.1 Expans,on of MGli&'TP 5.3.2 Alternative Disposal Systems 5.3.3 Evaluation of Sewer Alig1111ents 5.3.4 Ulti11ate Disposal of Residuals 5.3.5 Industrial treatment 5.3.6 Phased Construction 6. (valuation of Alternatives 6.1 (valuation of Monetary Costs • "£XHIBJT P.." I . • - • I • • • • 6.l.l Sunk tosts I •.1.2 Pruent Worth and (qu\valent UnUonr. Annual Costs 6.1.3 tost Cstalation Factors for tnergy Ust . . . . . . 6.2 Jtnanc,al 1111P•tt (valuation 6.3 tnv,roNntntal [valuation 6.C lvaluat,on of lel1ab1l1ty 6.5 lv•l~at1on of tnergy lequ,r1111tnts 6.6 tv1lu1tion of Jeplementab1l,ty 6.7 Comparison of Alternat;ves 1. Selected Plan 7.1 ~ust1fication for Plan Selection 7.2 Description of Selected Plan 7.3 Prel,minary Design of Selected Plan 7.C tost Estimates for Selected Plan 7.5 tnergy Requirements of Selected Plan 8. Arrangements for 111Pl1111tntation 8.1 Institutional lespons1bilit1es 8.2 Site Availab1l1ty 8.3 Operation and Ma;ntenance (O & M} lequir1111ents 8.C Pretreatment Program 8.5 J111plementation Steps .JOH/jk 10/9/14 (2) • I . - .. 1. • • • • STATEMENT or WORK lALLMADGE. lALLMADGE. WALLACE & HAHN, P.C. With regard to the landowner's Extended Service Area Participation Agreement. the statement of work of the above firm is as follows: a) Prepartion of a Master Agreement or Agreements similar to the agreements between Centennial Water & Sanitation District and the Highlands Ranch Water & Sanitation District. b) Modifications to the Master Agreement. as negotiated by Centennial Water & Sanitation District in conjunction with tl1e attorneys. which 111odlfications reflect the needs of individual landlowners. c) lhe work does not include any services with regard to water rights which will be acquired by Centennial Water & Sanitation District. • I • J • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM December 12, 1984 II~ a_ INITIATED BY City Manag er SUBJECT Sales and Use Tax Simplification Legislation ACTION PROPOSED Recommend ation to approve resolution expressing opposi- tion to the Sales Tax S i mplifi cation Legislation con ce rning th e elimina - tion of local control of mun icipal sales and use tax and co nt rol of sales and us e tax enforcement. Ba ck ground Last year one of the most co ntr o v ersial issues considere d b y the State legislature was th e sales tax simplification bill . This item was the top legislative pri ority for CML last year . Basicall y , the bill provided for a state-collected sales tax wh ich would then be redistributed back to cities based on the amount coll cted from businesses with i n th at entity . The legislation was withdrawn last year and will be resubmitted next year. Many of the more offensive sections have been rewritten and, as n o w stands, will allow th e cities to collect their ow n tax based on the state base, with certai n e x ceptions. The legisl at ion is still a concern to municipalities and the CML. The League has asked all cities to pass a resolution stating our concerns about this matter, a copy of which is attached. Rather than go into a lengthy review of this legislation in this memorandum, I am attaching an analysis as prepared by our Finance Department and also the CML analysis. Recommendation Recommend City Council pass the attached Resolution stating our opposition to the sales tax simplification legislation as currently proposed. • I . • RESOLUTION NO. ~ SERIES OF 1984 • • • A RESOLUTION EXPRESSING OPPOSITION TO SALES TAX "SIMPLIFICATION" LEGISLATION WHICH WOULD ELIMINAT E LOCAL CONTROL OF THE MUNICIPAL SALES TAX BASE ANO LOCAL CONTROL OF SALES AND USE TAX ENFORCE- MENT. WHEREAS, the City of Engl ewood has a sales and use tax which is levied, collected and enforced locally; WHEREAS, the muni ci pal sale s and use tax i s the principal tax source for our municipality, raising i n 1983 $9,743,106 in revenue in compar i son with only $822,2 7 3 raised from the municipal property tax; WHEREAS, sales tax s i mpli fic ation l e gislatio n r ec om- mended by the interim Busine ss Issue s Committee for c onside rat i on during the 1985 legislative sess i on would requ i r e the local sale s tax base and def initions to conform with the stat e bas e and de f initions, centralize e nfor cemen t and auditing powers and procedures in the state Departme nt of Revenue, prohibit app l ica - tion of use taxes to storage, and could reduce local sales and use tax revenues of home rule municipalities; WHEREAS, the state bas e has become unreliable a nd smaller in recent years through e nactment of many exempt i ons; and WHEREAS, the City of Englewood s upports ma ny r evisions i n the sales and us e tax sys t em which will s tre aml ine s tat e and l oca l sal es a nd u s e taxes without ma jor los s of l ocal control or l o cal revenue s; NOW , TH EREFORE, BE IT RESOLVED BY THE CITY OF ENGLE WOO D, THAT THE CITY COUNCIL: * Opposes any sales tax legislation which ties the local sales and use tax to the state tax base with or without local options; * Opposes granting the Department of Revenue unilateral authority to determine and control all definitions relating to local sales tax bases; * Opposes centralization of auditing, enforcement and appeals auth ority in the Department of Revenue; * Opposes loss of authority for municipalities to impose use taxes on storage; • I • • • • l * * • • - -2- Opposes efforts to provide tax reductions to special interests through state mandated reductions in local sales and use taxes; Supports legislation drafted by the Colorado Municipal League which would simplify the sales tax system without unduly inter- fering with local control of the sales and use tax by, among other things: Requiring use of a standardized sales and use tax reporting form for all home rules municipalities which collect their own sales tax; Providing single audit sales and use tax protection at the option of the taxpayer rather than mandatorily for all taxpayers operating in more than one jursidiction; Making procedures of home rule municipalities uniform with the state's with respect to various collection and enforcement procedures; Prohibiting double taxation of sales and use tax transactions; Accelerating remittance of Department of Revenue col- lections to those municipalities and counties whose sales taxes are collected by the state; Simplifying taxation of construction and building materials; Requiring municipaliti es to provide geographical maps or location guides to retailers; and Establishing a task force within state government of state and local officials and business representatives to standardize sales and use tax definitions and other- wise streamline state sales and use tax practices. BE IT FURTHER RESOLVED that the City Council urges its senator and representative to support sales tax simplification legislation as outlined above and vigorously oppose any state legislation which would provide for state control of the local sales and use tax base, centralize enforcement activities in the Department of Revenue, or otherwise result in the loss of con- trol and local revenues, and support the Colorado Municipal League towards these ends . • I • • • f f • • • • -3- ADOPTED AND APPROVED THIS 17th day of Dece mber, 1984. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. Series of 1984. Gary R. Higbee • I • • • ' ' • • • - Colorado Municipal Leagu ~ November 1 5, 1 984 summary of oetriaental Provisions of sale• Tax •siaplification• Bill APPro•ed by the 'BUllioe•• 1aaues cc.-ittee Septeaber 25, 1984 l· Sales and use Tax Base Home rule municipalities are subjected to the state base in all respect~ except for nine local options and two (2) •wild card" options. The Executive Director of the state Department of Revenue defines sales tax base definitions applicable to all home rule municipalities. A· Home rule municipalities lose control of their most important revenue source. B. lll\l:lediate revenue losses result for cities whos e sales tax bases are broader than the state's base and the al lowable options. c. In the future the General Assembly could ad opt fu rther exem p ti ons to the state base, thereby redu cing local revenues to a n even greater extent. (The state has reduced its sales and use tax base fifty-one times in the past ten years.) D. Mun icipalities would be prevented from ever increasing their sales tax base without approval of the General Assemb ly. E· The Executive Director of the Department of Revenue has total a uthori ty over sales tax base definitions, and his defin i tions could cause additional revenue losses for muni cipalities. 11• Centralization Authority is centralized in the Department of Revenue in several areas, including appea ls by taxpayers over loca l disputes involving home rule municipalities, centralized aud i ts a nd enforcement procedures, a nd standardized regulations and procedures. Unified audits are mat .d ated f or all taxpayer• operating in more than one local jurisc1ct1on. A· Taxpayer has no option to choose a consolidated aud it or utilize current system of separate state and local audit•• Thi• provision requires every jurisdiction desiring to aud it any bus i ness operating in more than one jurisdiction to p erform that audit simultaneously with other jurisdictions. • I • • - • • • • • • B. Administration and enforcement procedure s are lengthy and costly. c. Executive Director of the Department of Revenue determ ine ~ which entity "1ill au:iit and when for all bus i nesses wi th opera ti ons i n more thar. o ne local jurisdiction. D. All loca l audits must be rev iewed by the De partme nt of Revenu e b e f o r e billing. All audit co l lection s ar~ handled by th e Departme n t o: Rever,ue. E. An y audit result involving a local government is subject to a n appea l to and detennination by the state Department of Revenue. III. Storage Authority of home rule and statutory municipalities and counties to impose any use tax on storage is repealed. A. A major revenue loss results • B. The use tax is weakened by restricting its applicati o r. to u s e or consumption. An unscrupulous taxpayer can assert t h at the item is i n transit or in storage and, ther e for e , n o t taxa b le. c. If the use t.a.x is weakened, taxpaye rs can buy i te m~ out-o f-town , and avo id the local sales tax wi th loc al bus i nesses p o tentially affected adverse ly. D. This restriction is inconsistent wi th the state's use tax wh i c h continues to apply to storage. 2 • I • • • • • - COLORAD9 M t!NI~JPIU. LEhG UE t.o ve mot-r , 1984 SUMMARY OP' CICL'S PROPOSrD SALES TAX SIIU'LIP'ICATlOll LJ!IClSLATIOll Provides mandatory use of a standardized municipal sales and use tax rep:irting fonri for al l hoD"e rule muni ci palities wt1 ict. collect the i r owr1 s&les tax. (A standardized for m has already bee n developed ~y these hom e rule municipalities .) • Provides single audit sales and use tax protection at the o ption of the taxpayer. • • • • • Authorizes and encourages coordinated sales and use tax aud i ts between the Department of Revenue and local governments. Leaves collection and enforcement responsibilities arising from s ingle or coordinated audits •,dth the Department of Revenue or the home ru :e munici- pality otherwise responsibl e f or c oll ecting the tax. Prov i des for an aud it fee of 3 1 /3 percent of sal"s and use taxes re- covered to be paid by the governmental entity benefiting from the coordinated audit to compensate the governmental entity which conducted the audit. Authorizes statutory municipalities and counties to conduct sales tax audits subject to procedures and requirements established by the Depart- ment of Revenue. Authorizes and encourages the exchange of sales and use tax information mo re extensively between Department of Revenue and municipalities and counties which audit the ir sales tax. Hakes procedures of home rule municipalities uniform with the state's with respect to statute of limi tati ons for assessments and refunds, penalties and interest on delinquent payments, and posting of bonds for appeals. • Establishes a procedure for resolving multi j urisdictional sales ar1d use tax disputes to protect taxpayers fro m multij urisd ictional claims. * Accelerates remittance of Department of Revenue collections to those municipalities and counties whos e sales taxes are collected by the state. • Establishes a task force wi thin the Department of Revenue of state, mun i - cipal and business representatives t o standa rd ize sales and use tax def i - nit ions and otherwise streamline state sales a nd use tax practices. The task force is to submit its report to the General Assembly by January, 1966. • ~rohibit& double taxation of sales and use tax transactions. (o ver ) • I • • ' • • • • • Exempts construction 11aterials from local sales tax where evidence is provided that the local uee tax has or will be paid in the jurisdiction in which the 11ateriala will be used. Exe11pta construction materials from local storage use taxes. Requires home rule municipalities which collect their own sales taxes to make available to retailers upon request aaps showing the geographical boundaries of the aunicipality, and allows the retailer to rely upon the maps so provided. • I • • • • • • • - EFFECTS ON ENGLEWOOD OF 1985 SALES TAX LEGISLATION PROPOSED BY INTERIM LEGISLATIVE COMMITTEE This analysis follow the majo r points p ag es of the CML memo, November 15, 1984. those points for wh ich there is an affec t been numbered for easier reference. as discussed on the yellow Comments will only ma d e for on Englewood. The items have 1. Sales Tax Exemption for Construction and Building Materials Analysis Englewood adopted this policy i n the late 1970's. 2. Prohibition Against Double Ta xation 3 • Analysis Englewood has been following this policy for at least ten (10) years. Mandatory Conformity with St ate Sales Tax Bas e Analysis The City currently taxes the following transactions for which the State provides an e xemption: a) Machinery or machine tools b) Power used in res i dences c) Power used in manufacturing and related activities d) Cable television services e) Rooms or accomodations at a higher ta x rate than the general mun icipal sales tax f) Admiss io ns to places of public entertainment The City wou ld not be immediately affected by this section of this legislation. The implications are uncertain. The State has eroded the base over the years. If this continues to occur, Englewood would be affected depending on what additional exemptions are provided. 4. Revenue Department Establishes Standardized Definitions Analysis The City has adopted the policy of accepting the definitions as established by the State Department of Revenue for taxable items. Other cities in the State have developed definitions • I • • • • • • • • -2- which are not always the same as the State definitions. This causes many problems for the merchant, especially if the firm has dealings in several communities with different definitions for the same transaction. Englewood would not be materi ally affected by having standardized definitions. The development of standard def i nitions should be a cooper ative effort of cities and the State. The Executi ve Director of the Department of Revenue should not be the sole determiner of wh at the definitions of taxation are-going to be. 5. Uniform Collection Procedur es 6 . Analysis Generally, the City conforms to the procedures used by the State. There is one area wh ich would materially affect the City, the vendor's fee. The St at e permits a 3 1/3% vendor's fee; the City permits a 1.6% ve ndor's fees. Us i ng $10,000,000 as a representati v e year ly sales tax collection, the City wou ld realize a $160,000 reduction in sales tax collected • Standard Municipal Sales and Use Tax Reporting Form Analysis The City currently uses a standard form in conjunction with sever al other Colorado cities. This is an item which the City wou ld support very strongly. 7. Coordinated Audit ing and Centralized Enforcement Analysis If this section of legislation was to be implemented as wr itten , the audit function of the se ve ral cities and the State would be a nightmare. The process would be cum bersome and would greatly reduce the effectiveness of the audit process. The control of the audit functions of the home rule cities would generally rest with the Executive Director of the State Revenue Department. This person would have great powers i n determining which bus ines ses were to be au dit ed , who would do the audit , when it wou ld be done, etc . Conceivably , the Executi ve Director could require a city to audit a business and do the audit for the State and all other cities . This could be a detr ime nt to a home rule city and its own audit program and audit revenues • The State views this as a cheap way to increase their audit staff with a concurrent increase in au dit income • • I • • ( , • • • • -3- This can also be viewed as a major step in complete state con- trol of the sales tax system . B. Taxpayer Appeals to Department of Revenue Analysis Like number 7 above, this section is a major step toward state control of local sales tax procedures. Instead of simplifying the system, it compl i cates the system and impedes timely collection of sales and use taxes. The Execut ive Dir ector is given powers far beyond those needed to assist in the enf orce- ment of local taxes. 9. Boundary Location Guides 10. Analysis Englewood has been pro vi ding this inf ormat io n since the late 1970's. Repeal of Local Use Taxes on Storage Analysis While Englewood has this provision as part of its use tax code, it has not been enforced. There are few, if any, businesses which are subject to this provision. If the storage clause were str i ken from local codes, Englewood would benefit because we would receive use taxes on items which currently have been taxes as storage in other jurisdictions. An amount of revenue realized cannot be read ily estimated. • I • • • C 0 U N C I L DATE December 13 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM lib Recommendation authorizing th e SUBJECT purchase of 3300-3310 South Bro ac way for the purpos e of realigning Floyd Avent e ---~ nf Rrna;iuau INITIATED BY Assfstant City Manager for Ecgngmic Deyelopment ACTION PROPOSED~ ....... A~p~p~r~o~v~e......,R~e&s¥o•lu......_ti~o~n......,A~u~twh~ourui~zwi~n~g._..P~u~r~c~h~a~s~e~~~~~~~~~~~ BA CKGROUND: For many years, the City Council and staff have recognized the need to realign Floyd Avenue at Broadway to eliminate the jog in Floyd Avenue. There haye been numerous traffic reports prepared in the past emphasizing the importance of this intersection improvement to improve the traffic circulation through the downtown. Several alterna- tive designs have been suggested, but the most financially feasible involves the re- alignment of Floyd Avenue t o the east of South Broadway. In order to realign the road e ast of Broadway, it is nec essary to a c qu ire 3300 -3310 South Broadway, which is the site of a building housing several retail uses. The prop- erty is owned by Burt Properties, Inc. RECOMMENDATION: It is reco11DDended that the City Co uncil approve the resolution authorizing the staff to negotiate with Burt Properties, Inc. for the acquisition of this property. It is further recommended that the City Council direct the staff to notify the Englewood Housing Authority of this decision, and to work closely with them to address th e impact of the realignment on the Simon Center parking lot. • I • • ( ( • RESOLUTION oo.SJ)_ SERIF.S CF 1984 • • • A RESOLUTION AUTHORIZI~ THE PURCHASE OF THE FEE SIMPLE INTERF.ST IN CERTAIN LAND IN THE CITY OF EN>La«JOO FOR THE PURPOSE CF RF.ALIGN!~ FLOYD AVENUE EAST OF BROA™AY. WHERE.AS, to protect the safety and welfare of the citizens of the City of Ehglewood, it is necessary that the City of Ehglewood purchase a parcel of land to carry out the Englewood Downtown Developnent Plan; and WHERFAS, the City Council finds that a public need exists to acquire the additional real property to canplete the Englewood Downtown Developnent Plan; ~. THEREFORE, BE IT RESOLVED BY THE CITY OXJOCIL OF THE CITY CF EN>LDroOD, CX>LORAOO, AS FOL~S: section 1. 'lhat pursuant to the provisions of the Colorado Constitution, Colorado Revised Statutes, the Ehglewood Heme ~le Cliarter and the Ehglewood Downtown Redevelopnent Plan, the City of Englewood authorizes the purchase of 3300-3310 south Broadway. section 2. 'n'ie final teI!lls of said purchase are subject to approval of the City Manager, l!klo is authorized to negotiate said teI!lls. Upon failure to agree upon the fair market value thereof, the City Attorney is hereby authorized and directed to CQ111\e11Ce an action in eninent danain to condemn the above described parcels of real property as authorized by law. section 3. 1'1e Director of Finance, ex officio City Clerk- Treasurer is hereby authorized and directed to appropriate, set aside, and hold for all necessary jud<JlleOts and awards sufficient slJl\s to be paid as just canpensation to the owner of the property if it is condemned. section 4. 1'1e City Council directs the City Manager to notify the Englewood Housing Authority of the purchase so that the Englewood Housing Authority can work to evaluate and mitigate the impact of resulting street aligrment upon the Simon Center parking lot. • I • • • • • • • AOOPTED AND APPROVID this 17th day of Decanber, 1984. Attest: 'fugene L. Ot i s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Resolution No. __ , Series of 1984 . Gary R. Higbee • I • • n - • C 0 U N C I L DATE December 11, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT lie Public Service Company Easement at Bi-City Wastewater Treatment Plant INITIATED BY /TJ_) Kells Wagggner p p bli c Wp rk5 pjrectar ~ ACT I ON PROPOSED Passage of ordinance authorizing Mayor's signature on easement agreement . BACKGROUND Englewood and Littleton a r e cooperating in an effort to increase c apacity at the Englewood Wastewater Treatment Plant. The expansion will add three million gallons per day to be split between the two cities on a 2 /3 ~1 /3 basis. The construc tion contract has a lready been awarded. DISCUSSION With the installation of the return activated sludge pumping station, it will be necessary for Public Service Company to install a gas line over property owned by the City of Englewood. Attached is an easement to Public Service Company for the required instal la tion . Also attached is a map showing the location of the easement. The City Attorney has reviewed the agreement, and an ordinance authorizing the Mayor's signature is attached. RECOMMENDATION Approval of the ordinance granting to Public Service Company an easeme nt a t t he wastewater treatment plant . • I • • ' ' ,, • • • - 0 ..... _.._._ ... ..._'""' ... -...... r •I _, , • 1 -• ., I 1 I • • ,• 1 I r I P I r .. ·-· .... -..__... .. ~ .. _ ....................... ~ ..... \J. ...................... ......... ; .... -. : .:..: : : : : . : : .. .. ... :.: .. .1 .... ' . --, ' u ... . ... · ... · .. ....... «·' :: _ .. '!' - A ••'. _,4,.W ........ , "OC "i.1 ~rC TEO •AC• ' E 'A.i!.tln9 Gas Mail\ and E a!»eme"ts ... , , 'Ill,.'. '~ ' ' ~ ~ ........ , ... , .. _ \ ' •.,\ ... , .. ~- AC6TAICTED 4fl'C..4 .... l: ' \ ·.' ''• . ;\ :• 0 _,,.. ....... )Of') .... • ---------- •~ANT W A T'Ctlt 'lo ' ~UM,_ 9T&Tt0N .,. .. • Propos~ 10' Ga~ Easem~nt North • ..... ,.)· '' ( • • • • ORDINAOCE 00. __ _ SE RIES OF 1984 BY AUTHORITY A BILL FOR OXJNCIL BILL 00. 66 INTRODUCf1? BBYY 0 OXJNCIL M™BER ~ ---''-""""'"""""~=---- AN ORDINAOCE APPROVI~ A SEWER EAS™ENT AGRE™ENT WITH PUBLI C SERVICE CXl-IPANY TO INSTALL A GAS SERVICE LINE TO THE NEW PORTION OF THE EN:>LEWOOD WASTEWATER TREATMENT PLANT. WHERFAS , it is necessary to expand the Wastewater Treatment Plant slu:lge handling facilities; and WHERFAS, Public Service Conpany requires an easanent to install a gas service line to the new portion of the Englewood Wastewater Treatment Plant; ~. THEREFORE, BE IT ORDAINED BY TH E CITY ClX.JOCIL OF THE CITY CF m;r.avooo, OJLORAOO, AS FOLUMS: Section 1. There is hereby approved the attached easanent for PUblic Service Q:mpany to install a gas service line to a new porti on of the Englewood wastewater Treatment Plant expansion. Said easanent is incorporated herein and macle a part hereof by reference. Section 2. City Council authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said easanent for and on behalf of the City Council and the City of Englewood. Introd uced , read in full , and passed on first reading on the 17th day of Decanber, 1984. Publ ished as a Bill for an Ordinance on the 19th day of Decanber I 1984 • Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer • ) I . • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of Decanber, 1984. Gary R. Higbee • I • • -• • - GRANT OF EASEMENT THIS GRANT of a utility easanent (this "Gr ant") is made this day of I 198 by the CITY OF ENGLEWOOD, a ""C,...o7l_o_r-ad"'"o municipal corporation, ("Granter'') l<t1ose address is 3400 s. Elati Street, Englewood, Colorado 80110 , in favor of PUBLIC SERVI CE COMPANY OF CX>LORAOO, ("Grantee") l<t1 ose address is 55 0 15th Street , Denver, CO 80202-4205. '!tie parties covenant and agree as follows : 1. Easanent Property. '!tie "Easanent Property" shall mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado, mor e particularly described as: CCJTtnencing at the Northwest corner of the NE 1/4 of NE 1/4 of Section 33, To1N11Ship 4 South, Rang e 68 Wes t of the 6th Pr i nc ipal ~ridian; thence S. 00o07'00" E, along the West line of said NE 1/4 NE 1/4, a distance of 531. 35 feet ; thence N. 87o41 ' 58 " E a distance of 304. 22 feet to the point of beginning ; thence s. 00o07 '00 " E. a distance of 488.56 feet to the point of terminus. '!tie easanent is 10 feet in width. '!tie side boundary lines of the easanent shall be lengthened and shortened as necessary to encanpass a continuous strip of no t less than the above width at all points on Grantor's property crossed by the above described centerline . 2. Consideration. As consideration for this Grant, Grantee shall pay to Granter the sun of One Dollar ($1.00) and other good and valuable consideration paid by Grantee, receipt of "*iich is hereby acknowledged by Granter. 3 . Grant of Easanent. Gran tor hereby grants to Grantee, its successors ana assigns, ana all public utilities or those with proper license or franchise, a perpetual, nonexclusive easanent (the "Utility Easanent ") over, under, across and through the Easenent Property for the purpose of constructing, operating, maintaining, repair ing , replacing, renoving and enlarging those structures or improvanents of Grantee that Grantee finds necessay or desirable for public utility purposes, incllJ3ing, but not limited to , electrical equipnent , telephone equipnent , ccmnun ication equipnent, seWEr equipnent and water equipnent. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in , to , over , through and across the Easement Property for any purpose necessary or desirable for the full enjo}'ment of the rights granted to Gr antee under this Grant. S. Re storation. Grantee, or the public utility , or those entities with proper licens or franchis , ag r that after t he construction, maintenance, r puir , replacanent, or enlarganent of • I • • ( ' • • • any of the Lines and App urtenances, the party exercising rights hereunder shall restore the surface of the F.asanent Property a s nearly as reasonably possible to the grade and condition it was in inrnedi a tely prior to said construction, maintenance, repai r, replacanent, or enlarganent, except as may be necessar y · to accarrnodate the Lines and Appurtenances. Party exercis ing rights hereunder agrees to restore and repair any improvanents of Granter on the Easanent Property v.hich are damaged, modified or altered by party exercising rights hereunder during said construction, main- tenance, repair, replacanent or enlarganent and, further, agree to replace any topsoil ranoved fran any cultivated or landscaped areas on the Easanent Property and to ranove any excess earth resulting fran said construction, maintenance, repair , replacanent or enlarganent, at its sole cost and expense. 6. Subjacent and Lateral Support. Granter covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easanent Property to \Jiatever extent is necessary or desirable for the full, canplete and undisturbed enjo~ent of the rights granted to Grantee under this grant. 7. Rights of Grantor. Granter reserves the full right to the undisturned ownership, use, and occupancy of the F.asanent Property insofar as said ownership , use , and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. No Improvanents. Granter covenants and agrees not to construct, erect, place or plan any "Improvanents," as hereinafter defined, on the Easanent Property without obtaining the prior written consent of Grantee. "Improvanents" shall mean any structure or building. Grantee shall have the right to remo ve , without any liability to Granter, any improvements constructed , erected, placed or planted on the F.asement Property without Grantee's having obtained the prior written consent of Granter. 9. Abandonnent. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the F.asement Property, as the sane may then be, free fran the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandon- ment in \Jiich to remove any or all Lines and Appurtenances fran the F.asement Property. In the event that F.asenent is abandoned by Grantee, Granter shall hav the right, at its sole opt ion , to require Grantee to remove or neutralize any improvanents constructed in the F.asanent by Grantee. 10. warranty of Title. Grantor warrants and represents that Grantor is the f simple owner of the F.asetlent Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Gr a n the Utility Easement. Grantor further covenants a nd r s t o indennify , defend and hold • I • • ( • • • • • Grantee harmless frau and against any adverse claim to the title o f the F.asanent Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. 'n"lis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. 1'1e teens, covenants , agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Utility Easanent the day and year first above written . Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: Title: GRANTOR: CITY OF ENGL&JOOD By~~~~~~~~~~ Eugene L. Otis, Mayor GRANTEE: PUBLIC SERVICE CCMPANY OF COLORAOO Title: • I • • - ( • • t • • • • SfATE OF COLORADO ss. COONTY CF ARAPAHOE 'l1le foregoing instrlJ!lent was acknowledged before me this day of , 19 by by rugene L. Otis as Mayor aOOGary_R_._,..,H.,..ig...,bee--a-s-ex--o""'f""'f~i-c~i-o--=City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal. My Cannission expires: SfATE CF COLORADO ss. CXXJNTY CF ARAPAHOE Notary Public Address: 3400 S. Elati Englewood, CO 80110 'l1le foregoing instrlJ!lent was acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Ga ry R. Higbee as ex officio City-Clerk-Treasurer of the City of Englewood, Colorado. Witness my hand and official seal. My Cannission expires: Notary Public Address: • ( I • • • • I • • • • MEM O TO: Mayor Otis and Council Members FROM: Jack Olsen , City Attorney DATE: December 6 , 1984 RE: Taxi "Chi p" Resolution Enclosed are five variations of this resolution, which encompass the ideas set forth by Council members. I though you might want to review these before the next Council meeting. Please call with any further directions on this. nf Encl • • I • • ( • RESOWTlON oo.& SERIES OF 1984 • • • A RESOWTION A.'1ENDIIC THE 1985 BUDGET 'ro SET ASIDE $10,000 FOR A TAXI "OHP" PRCXiRAM 'ro REPLACE THE SENIOR SURREY . WHEREAS, the Englewood City Council has decided to dis- continue the Senior surrey, a tr ansportation service provided to the elderly since 1975; and WHEREAS, there is a need for a substitute transportation program in the City of Englewood to enable the elderly and handi- capped citizens unable to drive to do their shopping , get to medical appoinbnents, or otherwise conduct their affairs ; and WHEREAS , the taxi chip program would be a more econcxnical way to aid anyone who meets specific criteria ; NO.-V , THEREFORE , BE IT RESOLVED BY THE CITY a:xJOCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOL~S: 1. The 1985 bu:Jg et be, and hereby is , emended to set aside $10,000 for a taxi chip program to replace the Senior Surrey . 2. Persons meeting the specific criteria here in may purchase $20 worth of taxi chips per month for $5, the supply of chips to continue until the $10 ,000 has been used up. I'-' 3. The inccxne eligibility limitation for applicants who are senior persons over age 65 years ,/\handicapped persons who cannot drive , Q~ l.a 1 ineeme per !18 ns for t.~ taxi chip program is as follows: N\J'.tlber of Persons in Ho usehold 1 2 3 4 5 6 7 8 or more Incane Limitat i ons (Yearly) $ 9,900 11,300 12 ,750 14,150 15,300 16,400 17 ,550 18,700 AOOPTED AND APPROVED this --day of ____ , 198 ATTEST: &!gene L. Otis, Hayor ex 0££1c10 city clerk-Tieasurer • 1 I • n ; • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, COlorad o , hereby certify that the above and foregoing is a true, accurate and canplete copy of Iesolution No. , Series of 1984. Gary R. Higbee • I - ( ( • • • • • RESOLUTION NO. SE RI ES OF 19 84 __ _ A RESOLUTION AMENDING THE 1985 BUDGET TO SET ASIDE $10,000 FOR A TAXI "Oi!P" PROGRAM TO REPLACE TH E SENIOR SURREY . WHEREAS, the Englewood City Council has decided to dis- continue the Senior Surrey, a transportation service provided to the elderly s i nce 1975; and WHEREAS, there is a need for a substitute transportation program in the City of Englewood to enable the elderly and handi- capped citizens unable to drive to do their shopping , get to medical appointments, or otherwise condoct their affairs; and WHEREAS, the taxi chip progrC111 would be a more econcrnical way to aid anyone who meets specific criteria; ~. THEREFORE, BE IT RESOLVED BY THE CITY OXJNCIL OF THE CITY OF EN:;LaYCX>D, COLORAOO, AS FOI..L.CMS: 1. The 1985 budget be, and hereby is, anended to set aside $10,000 for a taxi chip progran to replace the Senior surrey . 2. Persons meeting the specific criteria herein may purchase $20 worth of tax i chips per month for $5, the supply of c h ips to continue until the $10,000 has been used up. 3. Tne incane eligibility limitation for applicants lltlo are senior persons over age 65 years, handicapped persons ...no cannot drive, or low i ncane persons for the taxi chip progr<1n i s as follows: Attest: Nllnber of Persons in Household 1 2 3 4 5 6 7 8 or more Incane Limitations (Yearly) $11,500 12 ,650 14,200 15,800 17,050 18,350 19,600 20,850 ADOPTED ANO APPROVED this __ day of----' 198_. Eugene L. Otis, Mayor x officio City Clerk-Trcasur r • 2 I • • - • • • • • • I , Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Co lorado , hereby certify that the above and foregoing is a true, accurate and canplete copy of iesolution No·~~-' Serie s o f 1984. Gary R. Higbee • I • • ( ( • • • • RESOLUTION SERIF.s OP 19 84 __ _ TH l 85 Bl lDG T 'I\) SCT AS IDC $10 ,000 FOR A REPLAC TH SCNlOR SURREY . WHE REAS , the Englew:>od Cit:y Council has decided to dis- continue t he Sen .or Sur rey , a transportation s e r vice provided to the elderly s ince 1975; and WHEREAS , there is a need for a substitute transportation program in the City of Englewo od to enable the elderly and handi- capped c it izens unable to drive t o do their s hopping, get to med ical appointlllents, or otherwise conduct their affairs; and WHEREAS, the tax i chip progrcm would be a more econcrnical way to aid anyone who meets specific criteria; ~, THEREFORE, BE IT RESOLVED BY THE CITY COUOCIL OF THE CIT Y OF ENGLEIVOOD, COLORAOO, AS FOI.L™S: 1. The 1985 booget be, and hereby is, anended to set aside $10,000 for a t axi chip progran to replace the Sen i or Surrey . 2. Persons meeting the specific criteria herein may purchase $20 worth of taxi c hi ps per month for $5, the supply of chips to continue unt i l the $10,000 has been used up . 3. The incane eligibility limitation for applicants who are senior persons over age 65 years, handicapped persons who cannot drive, or low inccme persons for the taxi chi p program is as follows: Attest : NIJT\ber of Persons in Household 1 2 3 4 5 6 7 8 or more Incane Limitations (Yearly) $ ---- ADOPT ED AND APPROVED this __ day of----' 198_ Eugene L. Otis, Mayor ~x officio City Clerk-Treasurer • 3 I • • , • • • - ADOPTED AND APPROVED this day of _____ , 198 3 . Attest: Euge ne L. Ot i s, Mayor e x off icio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ccrnplete copy of fesolution No. ___ , Series of 1984. Gary R. Higbee • I • • ( ( • • • • RESOLUTION NO. SERIE.S OF 198 4 __ _ A RESOLUTION AM™DING THE 1985 BUIX;ET TO SET ASIDE $10,000 FOR A TAXI "OiIP" PRCXiRAM TO REPL.ACE 'lllE SENIOR SURREY. WHEREAS, the Englewood City counc i l has decided to dis- continue the Senior Surrey, a transportation service provided to the elderly since 1975; and WHERE.a.S , there is a need for a substitute transportation program in the City of Fnglewood to enable the elderly and handi- capped citizens unable to drive to do their shopping, get to medical appointlllents, or otherwise conduct their affairs; and WHERE.a.S, the taxi chip progrc1n would be a more econanical way to aid anyone who meets specific criteria; N<Jd, THEREFORE, BE IT RESOLVED BY 'ffiE CITY a:x.JOCIL OF THE CITY OF ENSLEWOOD, (X)LORAOO, AS FOLL™S: 1. The 1985 budget be, and hereby is, aTiended to set aside $10,000 for a taxi chip program to replace the Senior surrey. 2. Persons meeting the specific criteria herein may purchase $20 worth of taxi chips per month for $5, limited to one purchase per month per person, the supply of chips to continue until the $10,000 has been used up. 3. The incane eligibility limitation for applicants who are senior persons over age 65 years, handicapped persons who cannot drive, or low incane persons for the taxi chip progrc.n is as follows: Attest: N\Jllber of Persons in Household 1 2 3 4 5 6 7 8 or more ADOPTED AND APPROVED this ex off1c10 City Clerk-Treasurer Incane Limitations (Yearly) $ __ day of ____ , 198 QJgene L. Otis, Mayor • 4 I • • \ l ) • r \. I • • • • I, Gary R. Higbee, ex offici o City Clerk-Treasurer of the City of Englewoo:i, Colorado , hereby certify that the above and foregoing is a true, accurate and ccmplete C'Opy of Fesolution No.~, Series of 1984. Gar y R. Higbee • I • • • RESOLUTION NO. SE RIES OF 19 8 4~ • • • A RESOLUTION AMENDING THE 1985 BUDG ET TO SET AS IDE $10,000 FOR A TAXI "O!I P" PR(X;RAM TO REPLACE TH E SEN IOR SURREY. WHEREAS, the Englewood City Counc il has dec ided to d i s- continue the Senior surrey , a transportation s ervice provided t o the elderly since 1975; and WHEREAS, there is a need for a substitute transportation program in the City of Englewood to enable the e l d rly and handi- capped citizens unable to drive to do their shopping , get to me:l "cal appointments , or otherwise conduct their a ffai rs; and WHEREAS , the taxi chip program would be a more econanical way to aid anyone who meets specific criteria; OOW, THEREFORE, BE IT RESOLVED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, OOLORAOO, AS FOLl'...OfJS: 1. The 1985 budget be , and hereby is, anended to set aside $10,000 for a taxi chip progrcrn to replace the Senior Surrey. 2. Persons meeting the specific criteria herein may purcha se $20 worth of taxi chips per month for $5 , the supply of chips to continue until the $10,000 has been used up . 3. Each trip using the taxi chips s ha ll be limited to ____ miles one way or miles round trip. 4. The incane eligibility limitation for applicants \olho are senior persons over ag e 65 years , handicapped persons who cannot drive, or low incane persons for the taxi chip progrcrn is as follows: N\.lnber of Persons in Household 1 2 3 4 5 6 7 8 or more Incane Limitati ons (Yearly) $ __ _ • 5 I • - ' T • • • • AOOPTEL> AND AP PROVED this day of ____ , 19 8 Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex off i cio City Clerk-Treasurer of t he City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Fesolution No. ___ , Series of 1984. Gary R. Higbee • I • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT December 12, 1985 11~ Resolution Amendin g the 1985 General Fund INITIATED BY City Manager ACTION PROPOSED That th e City Coun ci l adopt a Resolution amending the 1985 General Fund Budget and establish the position of par t-time p r ope rt y c ustod ian in the Police Department and a full-time clerk typist position in the Library Department BACKGROUND At the budget retreat held in September, the administration advised th e City Council that we were still considering two positions that had been requested in the bud ge tary process. Those positions were a part-time property c ustod ian fo r the Police Department and expanding a current part-time clerk typist position into a full-time position in the Library Department. Property Custodian As the City Council may be a ware, the security of evidence and property seized by the Police Department is one of the most critical management responsibilities to any police administrator. The Police Department seizes a great deal of money, narcoti cs , controlled substances and valuable property. Improper management of the property function can lead to lost evidence, money or narcotics resulting in losses of serious felony cases and allegations of police corruption. Therefore, over the years, the Police Adminis tration has made numerous attempts to improve accountability for property seized by the Department. These attempts culminated in 1983 when the Department hired Dan Rhoden as Director of the Laboratory and Property Section. One of Mr. Rhoden's goals for 1984 was to update, analyze, and revise the property control system. He developed a computer program on his personal computer and assigned key personnel to work on the project. This project was not completed wh en the Police Department submitted the 1985 budget request s but it was clear then that the Police Department require a c omputer and a part-time custodian to maintain the property section adequately. The computer requested in the budgetary process was approved but the part-time custodian wa s not included in the 1985 budget • • I • \ • • • - -2- Since that time, the analysis project has been completed. This analysis clearly demonstrates that the Police Department has a need for a part-t i me custodian. In keeping with the budgetary parameters established by the City Administration, the Police Department has proposed a method of partially funding this position. The proposal is simply that the Police Department change its existing policy of providing cour tesy fingerprints for Englewood residents and workers to providing the service to anyone and increasing the fee from $1.00 to $5.00 and to provide the service five days a week. The Police Department anticipates this policy change would increase revenue from approximately $28.00 per month to $5 00 .00 per month within the first couple of months. This would increase up to $1,000.00 after the program becomes well known throughout the area. The Police Department has requested that the part-time property custodian work thirty hours per week (six hours per day, five days per week ) at a beginning hourly wage of $6.00 per hour or approximately $720.00 per month. The total annual cost for this position would be $8,640.00 . Clerk-Typist The Library Department has reques ted that a current part-time typist position working 35 hours per week be e xpanded to a full-time position effective January l, 1985. This would necessitate increasing the work hours from 35 hours per week to 40 hours per week and providing benefits related to the full-time position status. The Department requested that the part-time clerk-typist position be increased to full-time in orde r to obtain services of the person in that position for an additional five hours per week or 260 hours per year. The position is one of two in the technical services section of the Library . This section has historically relied on CET A personnel to augme nt City staf f in order the accomplish the duties assigned to it. The recent restructuring of the CETA program means that this source of additional personnel is no longer available to the department. This decrease in staff res ources is coupled with increases in responsibility as follows: l. Transfer of responsibility for inter-Library loan service from the Circulat ion Secti on to the Technical Services Section. 2 . Initiation of the retrospective conversion of the Library's collection via a grant funded re t rocon project supervised by the Technical Services Section personnel. Termination of the grant funding in February of 1985 will mean that Technical Services Section staff will be responsible for the retrocon input in addition to quality control. 3. Attention to collection development and bibliographic access to the collection allowed by restructured reference staff has created addition- al responsibilities for Technical Services personnel • I • - ( I • • • • -3- The first and third items above while impacting daily operation of the Library are not as important in the long term as the second item -the retrocon project. This project is key to the automation of the Department and, therefore, is of prime concern to the long term viability of the Library. All Department staff will be involved in the push to complete the project but all efforts will center around the Technical Services staff. The Library feels that it needs the additional hours of the Clerk-Typist to help insure that the retrocon project will be completed successfully. In the summer of 1984, the Library Department finalized the restructuring of the Adult Services Manager position and Public Service Reference staff in order to make better use of the resources allocated to it for public service. The Adult Services Manager position was changed from full-time to part-time in order to increase the funded reference service hours by four per week. The Children's Service Assistant position was abolished and the incumbent'& employment terminated in order to provide an additional 14 funded reference hours per week. The cost of expanding this position from a part- time status to a full-time status is $4,138. However, if one were to consider a trade-off with the elimination of benefit costs for the Adult Services Manager position (now a part-time position) the actual additional cost to the City would be only $1,430. RECOMMENDATION That the City Council adopt a Resolution amending the 1985 General Fund Budget and allocate $8,640 for the position of part-time property custodian in the Police Department and $4,138 for the expansion of a part-time Clerk-Typist position to full-time in the Library Department. SUGGESTED ACTION: • I • • RESOLUTION NO.~ SERIES OF 1984 .. • • • A RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET AND ESTABLISHING THE POSITIONS OF PROPERTY CUSTODIAN (PART-TIME IN THE POLICE DEPARTMENT) AND EXPANDING A CURRENT PART-TIME CLERK-TYPIST POSITION TO A FULL- TIME POSITION IN LIBRARY DEPARTMENT. WHEREAS, the City Council of the City of Englewood has approved a 1985 General Fund Budget; and WHEREAS, the above-mentioned positions were not included in the 1985 budget; and WHEREAS, the City Council of the City of Englewood now desires to add the above-.entioned positions which were not foreseen at the adoption of the budget; and WHEREAS, the Treasurer has certified that there is a sufficient cash surplus to meet the appropriations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . The following appropriation is hereby mad e in the General Fund. Source of Funds General Fund Balance Appropriation of Funds Police Department Library Department Total Section 2. $12,778 $ 8,640 4,138 $12,778 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1985 Budget of the City of Englewood . • I • • n • • • • -2- ADOPTED AND APPROVED THIS 17TH DAY OF DECEMBER, 1985 Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurat e and complete copy of Resolution No. ~~-' Series of 1984. Gary R. Higbee • I • • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DA TE AGENDA ITE M "' SUBJECT Re so lution am o,,nd i nr, th 19 84 Decemb e r 13, 1984 Gen e ra l Fund and I Y84 Wa t e r Fu nd Bud ge t s I NITIA TED BY Gary R . Higbee , Di r ect or of Finance AC Tl ON PRO PO S ED ___ _:;T.:.;h;.::a:.:t;__:t:..:h.:..:e:.....:C"-'1'-· t=-y,_C=-o=u.:..:n.::c-=i-=l'-"a"'d"'o'""p'"'t'--'a:....:.R:.:e'""'s'""'o'"'l"''~1 t=-i=-o=-n'-'--=a-"'m~e~n~d~i~n,...g~t~h~e~l~9~B~4 General Fund Bu dget to transfe r fu nds to t h Sp ecial Construction fund and t he authorit t o transfe r funds from the S ecial BACK GRO UN D General Fund Transfer to the Special Construction Fund -At t he udg t r etreat , t he City Council h ld a di scussion regarding the er ati o o a pecial Cont r uction Fund and that excess General Fund moni e s bt appr pria ed t •l hi new Fund. The City Council at thei r November 19th meeting adopted n fi nal reading establishing a Special Construction Fu nd . The Resolution at ta c h • hereto will transfer $1,000 ,000 from the General Fund R serv curT nt ' at $2,0 96,000 into this new construction fund. This tran f r wi ll the long-stand i ng City Council policy of maintaining una nticipa t ed em ergencies during t he fiscal year. c H d Transfe r of Fund s f rom th Special Construction Fund into t c ~~·-t~c-...,..- On May 3 , 1984, the City of Englewood received a partial court a~ard i t l1 amount of 1,279,000 f or settlement of the McLellan Reserv oir (C-~70 land sa ). In July of 1984, the City of Englewood entered into a contract with Wi s y and Hamm, Inc. for the purpose of assembling all readi ly available information on the C-470 land sale site, to evaluate the site conditions both from techn ical data and site inspections. The intent of this study was to provid e the City with as much information as possible for the upcoming condemnation proceeding s on the McLellan Reservoir property. The total estimated cost for this project is $1 0 ,000 . It is recommended that this amount b transferred from the Sp cial Construction Fund to the Water Fund to pay for the pro ject . RECOMMENDATION That th City Council adopt a Resolution amendin g the 1984 General Fund budp, t by transferring $1,000,000 from the General Fund Reserve to the Special Const ru c tion Fund and the authority to transfer $10,000 from the Special Construction Fund to the Water Fund. • I • • - • RESO LUTI ON NO . '5°'.rfi SERIES OF' 198 4 • • • A RESOLUTION AMENDING THE 1984 GEHERAL FUN D BUDGET TO TRA NS FER FUNDS TO THE SPECIAL CONSTRUCTION FUND AND THE AUTHORITY TO TRANSFER FUNDS FROM THE SPECIAL CONSTRUCTION F UND TO THE WATER FUND. WHEREAS, th e City Council of the City o f Eng lewood has approved th e 1984 Gen e ral Fund and Water Fund Bu d g ets; a n d WHEREAS, the City Council of the City of Englewood desires to set aside ex c e ss Ge n e ral Fund balan ce i nto the S pecial Construction Fund for contingency purposes; and WHEREAS, the City Council desire s t o transfer funds from the Special Construction Fund into the Water Fund for pur- p ose s of providing funds f o r professional services rendered re- l a tive t o the C-470 impact study; and WHEREAS, the City Treasurer has certified that there i s su f ficient cash supply to meet th e appropriation conta i ned wi th i n this res o lution; NOW, THEREFORE, BE IT RESOLVED , BY TH E CITY COU NCIL OF THE CITY OF EN GLEWOOD, COLORADO, as follows: S ction 1. Th e f o l l owing appropriation is h e reby made in the G neral F und. Source of Funds General Fund Balance $1 ,0 00,000 Appropriation of Funds Special Construction Fund $1 ,000,000 Sect i o n 2. Th e fo llowin g appropr i ation is hereby made in th e Special Co ns t ruc t i on F und. So ur ce of Funds Speci a l Construction Fund - Fund Balance Approp r iation of F u nds Water Fund • $ 10,000 $ 10,000 I • • • • • • -2 - S e>c tion 3 . The City Manag e r and Director of Fin a nc e are h er by auth orized to make the above c hanges to the 1984 b udget of th e City of Englewood . ADOPTED AND APPROVE D this of Mayor ATTEST: ex offi cio C ity Clerk-Tre a su rer I, Gary R. Hig bee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the for egoing is a tru e , accurate and complete copy of Resolution No. , S er ies of 1984. Gar y R. Higbee • I . n ' • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 12/12 /84 //~G SUBJECT council Bill No. 61 Seri e s of 1984 INITIATED BY Cour t Adv i sory Co nun ittee Reconune nd pas s age of Council Bill No . 61, Series of ACTION PROPOSED ~~~~~~~~~~~~~~~~~~~~~~~~ 1 9 84 , as amen ded by t h e court Advisory conunittee . BACKGROUND : On December 10 , 1984 the court Advisory Conunittee met and reviewed t h e Municipal Judge 's proposed ordinance amendment and the memo from Jack Olsen , the City Attorney, providing input as to Council 's desires relative to the proposed ordinance. The Court Advisory conunittee found there to be incon- sistencies between Article 68 and the Englewood Home Rule Charter , amended March 24, 1981, and Englewood Municipal Code 1-6-2. verbatim t h e Home proposed a) The first sentence of EMC 1-6-2 states : "as neces- sary, the City council shall a p point a substitute j udge to serve when the regular judg e of the Munici- p al court is sick, inca~acitated, unavailable, dis- nu~l ifie~. or otherwi s e unaol ~ t G oerform duties of his office. . b) The s econd paragraph of Englewood Home Rule Charter Article 68 states: "Council may appoint o ne o r more associate judges, who shall sit at such time and upo n such causes as shall be determined by the pre- siding municipal judge. When actually performing additional duites, associate judges shall have all the jurisdiction and power of a municipal judge and his orders and judgments shall be those of the municipal court. The associate judge shall have all the same qualifications as the municipal j udge. His salary shall be determined by Council." The court Advisory Conunittee chose to adopt the language contained within the second paragraph of Article 68 of Rule charter as the leading paragraph contained in the ordinance . • I • ' • • • - Subparagraph a) of the second paragraph within the proposed ordi- nance reads: 3 associate judges shall b e appointed by City Council by resolution." The Court Advisory Committee felt City Council would have more flexibil ity with the latitude to appoint as s ociate judges by a resolution. Subparagraph b) of the second paragraph within the propo s ed ordi- nance reads: "the .term of the associate judge appointments sha ll be four years." The Court Advisory Committee's attempt h ere was to make the wording more straight forward. Subparagraph c) nance reads: "at appointed." The have the ability expire. of the second paragraph within the proposed ordi- Council 's discretion a ssociate judges may be re- Court Advisory Committee felt City Council should to reappoint associate judges a s their terms The final paragraph of the propos ed ordinanc e reads: "the en- cumbent associate judges' terms would be four years commencing January 1, 1985 expiring January 1 , 1989." The Court Advisory Committee struck the words "with a reappointment at t h e discretion of City Council." The Court Advisory Committee felt City Council already had the power to reappoint at their discretion without the wording being contained within th e pro posed ordi nance . The Court Advisory Committee feels it has addressed City Council's desires to appoint a ssociate judges eith er one at a time or more than one judge at one time. The Court Ad visory Committee feel s it can not address Council's desires for the selection of a ssociate judges to sit by being chosen by a blind lo . Article 68 of Englewood Home Rule Charter states: "tha associa e judges shall sit at such times and upon such causes as shall be determined by the presiding municipal judge." City Council reques d hat the only time an associate judge would be asked to si wo uld be when the Chief Judge is ill, incapacitated, on vacation, or similarly unable to sit. And if the Council would not wan t to see he creation of more divisions of the court, the Court Advisory Committee once again relies upon Article 68 of the Home Rule Charter, second paragraph, wh ich states: "associate judges wh o shall sit at such time and upon such causes as shall be determined by the presiding municipal judge." The court Advisory Committee hopes the aforementioned explanations of the attached proposed ordinance are clear and they would be happy to meet with the Council to discuss this issue. • I • • ' • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COUNCIL BILL NO. 61 INTRODUCE9J B~NS,IL _ , MEMBER~ A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, PROVIDING A PROCESS BY WHICH ASSOCIATE JUDGES ARE APPOINTED; AND PROVIDING FOR TERMS THEREOF. WHEREAS, Council has received a recommendation o f the Englewood Court Advisory Committee; NOW, THEREFORE, BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Title I , Chapter 9 , Section 2, of the Englewood Municipal Code of 1969, as amended , is hereby amended to read as follows: 1-6-2: ASSOCIAT E MUNICIPAL JUDGES City Council &Re~~ MAY a ppo i n t a-S~BS~~~~~e-AN ONE OR MORE ASSOCIATE ~~Q~& JUDGES ~9-&Ya&~I~Y~S-~QA-AN9-SeP¥e-wAeft-~Ae-Pe~tt~&P-attd~e of-tba-M~~~~~P••-~9~~~-~s-e~ekT-~Reapae~~a~eeT-~fta¥a~ra9reT-d~9~tt&r~f~ed o~-otba~w~&a-~~•b•a-~e-pe~~e~~-~Ae-&~~~e&-ef-~A~&-eff~eeT--S&~d e~bet~t~ta-~~~a-&b••~-Aa~e-a~~-~Ae-pewe~s-ef-~Re-pePM&fteft~-attd~eT WHO SHALL SIT AT SUCH TIMES AND UPON SUCH CAUSES AS SHALL BE DETERMINED BY THE PRESIDING MUNICIPAL JUDGE. WHEN ACTUALLY PERFORMING JUDICIAL DUTIES, SUCH ASSOCIATE JUDGES SHALL HAVE ALL THE JURISDICTION AN D POWER OF A MUNICIPAL JUDGE AND HIS ORDERS AND JUDGEMENTS SHALL BE THOSE OF THE MUNICIPAL COURT. THE ASSOCIAT E JUDGE SHALL HAVE THE SAME QUALIFICATIONS AS THE MUNICIPAL JUDGE. THE PROCESS BY WHICH AN ASSOCIATE JUDGE IS SELECTED AND THE TERMS OF THE ASSOCIATE JUDGE SHALL BE AS FOLLOWS: A) ASSOCIATE JUDGES SHALL BE APPOINTED BY CITY COUNCIL 9NS ..A.~-A -~i.M~-A•-•O-WAaaAN~~~ BY RESOLUTION. B) THE TERM OF THE ASSOCIATE JUDGE APPOINTMENTS SHALL BE-A llU.~l..M~M-0£ FOUR YEARS. C) AT COUNCIL DISCRETION, ASSOCIATE JUDGES MAY BE REAPPOINTED. THE ENCUMBENT ASSOCIATE JUDGES ' TERMS WOULD BE FOUR YEARS COMMENCING JANUARY 1 , 1985 EXPIRING JANUARY 1 , 1989. -W~~K -A -~~'PKSN-~-A~-'l'KS-9~SGaS'l1~~-e~-et'l'~-€e~Ner&. Introduced, read i n full, and passed on first reading on the 5th day of November, 1984 . • I • • ( • • • • • -2- 1984. Published as a bill for an ordinance on the 7th day of November, Read in full, and passed as amended on the -~~~~~' 1984. day of Published as amended on the day of -------' 1984. Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Council Bill No. 61, Series of 1984, as amended on the day of -------' 1984. Gary R. Higbee I . - ( • • RESOLUTION NO_j-1 SERIES of 1984 • • • A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTOtrnEY, MUNICIPAL COURT JUDGE ANO ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1985. WHEREAS, the City Council, by Charter, has the responsibility to adopt a Resolution authorizing payment of annual salaries for City Council appointed positions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following annual salaries are hereby established for the following appointees of the City Council for the calendar year 1985, to wit: City Manager City Attorney Municipal Court Judge Associate Judge Section 2. s b 4 , ~qo s 60. 400 s -<;g, I S'l per day Employees covered by this Resolution shall assume any Health and Dental Insurance premium rate increase above the 1984 premium rate on a shared 75%-25% basis. The City shall pay 75% of the prem.ium rate increase, the employees shall pay 25% of the premium rate increase. Section 3. The City Council directs that the vehicle provided for use by the C.ity Manager be fully insured for both business and personal use by the Colorado Intergovernmental Risk Sharing Agency (CIRSA) • • I • • - • • • • • -2- ADOPTED AND APPROVED THIS 17th day of December, 1984. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. ~-~' Series of 1984. Gary R. Higbee • I • • ( • RESOLU TI ON NO . ~..5'" SE RIES OF 19 8 4 • • • A RESOLUTION WITHDRAWING FRO I THE FIRE AND POLICE PE NSI ON ASS OCIATI ON \·!H EREA;,, the City of Englewood has prev iously j oined t!"lc S tate Fire and Police Pensio n As sociation ; and , WHEREAS , the City of Cnglewood wishes to e stablish a money purchas e plan t o co ve r a ll p o l ice officers h i red a fte r Ap ril 1978 ; and , ~HEREAS, the City o f E~g l ew ood in t ends t o with raw Fire a nd Police Pen s io n Associ ation i n compliance with vi s i on o f Se c ion 31 -30 -1 OJ (2) (b) C .R .S., as amended , applicable FPPA rules and regula tions ; and , from t he he pro - a n d ~ow , ?HE EFORE, 3E IT RESOLVE D by he City Co u ncil of the Ci y of Eng l ewood , Col ora o , SCCTIO. I Th t he ci y Joes hereby no ify the St ate Fire an d ?olice Pension Assoc ia icn ot i s in ent o withdraw fro m the associ - at i on . The wi hdrawal sh 11 b effective January 1 , 1986 . ADOPTED AND APPROVE D THIS .;TTEST : G ry Higbee , Ex o:f icio City C le rk-Treasurer DAY OF Th e Honor ble Cugene Ot is ~!a ;·or I, Gary Higbee , Cx Officio i y Clerk -Treasurer , d o hereby c er ify h he bove and foregoing is complete , rue , and cc r e copy of Resolutio n ~o . Se rius of 11 8 4. <;ny • I •