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Home My WebLink About1982-08-02 (Regular) Meeting Agenda.. • City Council Meeting -Regular August 2, 1982 • • - • CITY COUNCIL MEETING July 26, 1 82 RESOLUTION# ./.)6, 37, ORDINANCE # , _)2, µ, 34 , 35 • • • • 0 0 • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 2, 1982 I CJ The City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session on August 2, 1982 at 7:30 p.m. Mayor Otis, presiding , called the meeting to order. The invocation was given by Bob Mooney, Centennial Lutheran Church. The pledge of allegiance was led by Boy Scout Troop f92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. • • Also present were: • • • • • • • City Manager Mccown Ass istant City Manager Vargas City Attorney DeWitt Deputy City Clerk Johannisson • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF JULY 19, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor d clared th motion carried. • • • * * * • • I • • • August 2, 1982 Page 2 • • - COUNCIL MEMBER FITZPATRICK MOVED TO OPEN A PUBLIC HEAR- ING TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BOND OF THE CITY OF ENGLEWOOD FOR PAVING DISTRICT NO. 28. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried. Steven Bell representing Hanifen, Imhoff presented infor- mation relating to the proposed bond issue. Mayor Otis asked if anyone in the audience wished to speak for or against the bill. No one wished to speak. COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLIC HEAR- ING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . ORDINANCE NO. 31 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 28 , FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS ON CERTAIN STREETS WITHIN PAVING DISTRICT NO. 28; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 36, SE RIE S OF 1982 , ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follo ws: • I • • -• • • August 2, 1982 Page 3 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT ALL COMMUNICATIONS NO ACTION RECOMMENDED. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE RECOMMENDA- TION OF THE PLANNING AND ZONING COMMISSION RELATING TO THE SIGN CODE AND DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resul ted as follows: Ayes: Nays: Council Members Higday, Nea l , Fitzpatrick, Weist, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE RECOMMENDA- OF THE PLANNING AND ZONING COMMISSION RELATING TO AN AMEND-TION MENT TION TIES. of the TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING THE APPLICA- OF ZONING REGULATIONS TO CITY OWNED OR OPERATED PUBLIC UTIL- Council Member Fitzpatrick seconded the motion. Upon a call roll, the vote resulted as follows: Ay s : Nays: Council M mbers Higday, N al, Fitzpa rick, Weist, Bilo, Bradshaw, Otis. None. • I • • ~n • • August 2, 1982 Page 4 • • • The Mayor declared the motion carried. • • • • • • • Assistant City Manager Vargas presented agenda item 6(b) (i) relating to the recommendations by the Water and Sewer Board. COUNCIL MEMBER NEAL MOVED TO APPROVE THE ANNEXATION OF SUPPLEMENT NO. 94 INTO THE SOUTHGATE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • • • • • Assistant City Manager Vargas presented agenda item 6 (b) (ii) relating to the recommendation by the Water and Sewer Board for inclusion of land into the Valley Sanitation District. Council Member Neal requested information as to whether the new sewer pipe would be used by this addition to the sanita- tion district. City Manager Mccown requested Assistant City Man- ger Vargas to call S tu Fonda to determine the answer to the ques- tion. COUNCIL MEMBER NEAL MOVED TO TABLE AGENDA ITEM 6(b) (ii) TO THE ENO OF THE MEETING. Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo , Bradshaw, O is • None. Th Mayor declared th motion carrl d. • • • • • • • BY AUTHORITY ORDINANCE NO. 32 COUNCIL BILL NO, 31 I • • - • • August 2 , 1 98 2 Page 5 S ERI ES OF 1 98 2 • • • INTRODUCED BY COUNC I L MEMBER BRADSHAW AN ORDINAN CE REP EALI NG AN D REENACTING PORTIONS OF TITLE XI OF TH E ENGLEWOOD MUN ICI PA L COD E OF '69 TO MORE PRECISELY DEFINE ACTS PR O- HIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUN CIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31 , S ERIES OF 1 982, ON F I NAL READING. Council Member Fitzpatrick se c- onded the motion. Ci ty Attorney DeWitt discussed a change to 11-6 -lO(b) wh ic h would add the words, "zip gun." COUNCIL MEMBER BILO MOVED TO AMEND COUNCIL BILL NO. 31, S ERIES OF 1982, BY ADDING "ZIP GUN" TO PARAGRAPH 11-6-lO (b). Coun- c i l Member F i tzpatrick seconded the motion. Upon a call of t he rol l , the vot e on the amendment res u lted as fo l lows: Ayes: Nay s: Coun cil Members Hi gday, Neal, Fitzpatr i ck, Wei st, Bilo, Bradshaw, Oti s. None. Th e May o r d e c la red the mot i on carr i ed . Upo n a call of the r o l l, t he vote o n the or i gina l mot io n resulted as follo ws: Ayes: Nays: Council Memb e r s Hi gd a y, Neal, F i tzpa t r i ck, Weist , Bilo , Br ads haw, Otis . None . The Mayor declared the motion carried. ORDI NAN CE NO. 33 S ER IES OF 1 98 2 * * • * BY AUTH ORITY * * * COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINAN CE REPEALING S ECTIONS 11-6-14, UNLAWFUL TO POSSESS BUR- GLAR TOOL S , 11-6 -2 2, LOITERING PROHIBITED, 11-6-23, LOITERI NG NE AR SC HO OL PROHIBITED, 1 1 -6 -24, UNLA WFUL CONGREGATION, 11-7-16, TAXICAB CRU ISI NG , AND 11-8 -11, ASSAULT OR INDECENT ACTS . • I • • August 2, 1982 Page 6 • • - COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick sec - onded the motion. Upon a call of th e ro ll , the vote resulted as f ollows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt recommended that a letter of thanks be sent to Loretta Huffine, the former Assistant City Attorney, who worked on these bills. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A CONTRACT WITH THE GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF INTERIOR AND THE CITY OF LITTLETON, STATE OF COLORADO, TO DEFINE AND UNDERSTAND HYDRAULIC CO NDITION S OF THE SO UTH PLATTE RIVER. COU NCIL MEMBER NEA L MOVED TO PA SS CO UN CIL BILL NO. 38 , SE RIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Council Memb er Neal stated that it should be made a part of the public record that at the joint meeting with Littleton, the City agreed to the study only if the State of Colorado would agree to give consideration to the findings of the study in establishing permanent levels and stream standards for our Bi-City plant . The State has agreed to this. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb rs Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • • I • • August 2, 1982 Page 7 Nays: None. • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON AND THE DIVISION OF ADMINISTRATION OF THE COLORAno DEPARTMENT OF HEALTH REPRESENTED BY THE WATER QUALITY CONTROL DIVI- SION TO CONDUCT A COMPREHENSIVE STREAM STUDY OF SEGMENT 1 4 OF THE S OUTH PLATTE RI VER. COUNCIL MEMBER BILO MOVED TO PAS S COUNCIL BILL NO. 3 9, S ER I ES OF 1 98 2 , ON FIRST READING. Council Membe r Fitzpatrick sec- onded the motion. Upon a call of the rol l , the vote resu l ted as follows: Ayes : Nays : Counci l Members Higday, Neal, Fitzpatr ic k, We i st, Bilo, Bradshaw, Otis. None. Th e Mayor decla re d th e mot io n c arr i e d . RESOLU T ION NO . 35 , SERIES OF 1982 * * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1982 . Council Member Bilo seconded th motion. Council Members Bradsha w, Higday , and Neal expressed con- cern that the non-resident fees were too low. Upon a call of the roll , the vot resulted as follo ws: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . • I • • August 2, 1982 Page 8 Nays: None. • - The Mayor declared the motion carried. COUNCIL URBAN EDGES, INC. CONNECTION TO THE onded the motion. follows: Ayes: Nays: * * MEMBER HIGDAY AND THE CITY PLATTE RIVER Upon a call * * * * * MOVED TO APPROVE A PROPOSAL WITH OF ENGLEWOOD, FUNDING THE ENGLEWOOD GREENWAY. Council Member Bilo sec- of the roll, the vote resulted as Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor de cl ared the motion carr i ed. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO PERMIT THE CITY ATTORNEY TO DEFEND A LAWSUIT F I LED AGAINST THE CITY BY BEBO CONSTRUCTION COMPANY. Counci l Member Fitzpatrick seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes: Nays: Cou n cil Members Hi gday, Nea l , F i tzpatri c k, We ist , Bilo , Bradshaw, Otis . None . The Mayor declared the moti on ca rr ie d. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ENTER INTO A CO NTR ACT WITH OWEN ENGINEERING AND MANAGE MENT CONSULTANTS FOR MA NAGE MENT OF THE BI-CITY WASTEWATER TRE ATMENT PLANT FOR A BEGINNI NG P ERIOD TO BE DETERMINED BY THE CITY MANAGER AND AN ENDI NG PERIOD DECE MBER 31 , 1983. Council Member Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follo ws: Ayes: Nays: Council Members Higday , Neal , Fitzpatrick , W 1st, Bilo , Bradsha w, Otis . None. • I • • • August 2, 1982 Page 9 • • • The Mayor declared the motion carried. * * * * * * * City Manager Mccown discussed the recommended changes to the six-quarter budget, Council discussed the need to direct funds to paving more streets while paving materials are relatively inexpensive. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE SIX-QUARTER BUDGET JULY 1982 THRU DECEMBER 1983, WITH ONE CHANGE BEING THE PAV- ING DISTRICT NO. 25 FUNDS COMING FROM THE DOWNTOWN PLAN ACCOUNT AND CONTINUING ON WITH COUNCIL'S DIRECTION OF OVERLAYING AND CHIP SEAL- ING AS MANY STREETS AS POSSIBLE AT THE PRICES FOR PAVING DISTRICT NO. 28. Council Member Fitzpatrick seconded the motion. Upo~ a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw. Council Members Bilo, Otis. The Mayor declared the motion carried. Council Member Neal recommended that additional monies be appropriated for chip and seal of more streets. City Manager Mccown stated he would provide information for Council. RESOLUTION NO. 36, SERIES OF 1982 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1982, AS AMENDED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, W 1st, Bradshaw, Otis. Council Memb r Bilo. The Mayor declar d the motion carried. • * • • • • • • I • • • • August 2, 1982 Page 10 • • • COUNCIL MEMBER BRADSHAW MOVED TO ENTER INTO A CONTRACT WITH DAVID M, GRIFFITHS AND ASSOCIATES, LTD, FOR PERFORMANCE OF A COST ALLOCATION PLAN FOR THE CITY. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. Council Member Fitzpatrick, The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER NEAL MOVED TO REAPPOINT DONALD J, STYES AND R. L. LUNDERS TO THE LIQUOR LICENSE AUTHORITY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Assistant City Manager Vargas was unable to contact Stu Fonda for information about agenda item 6(b) (ii). COUNCIL MEMBER NEAL MOVED TO TABLE CONSIDERATION OF AN APPLICATION INTO THE VALLEY SANITATION DISTRICT UNTIL NEXT COUNCIL MEETING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declar d the motion carried. * * * * * * * I • • - • • • August 2, 1982 Page 11 • • • Council Member Bradshaw stated that the Parks and Recrea- tion staff were to be complimented for the outstanding ceremonies last Saturday for the opening and dedication of the new golf club-house. • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting at 8:50 p.m. Clerk • I • • J - I • 7 :30 P. M. ~- ;i.. ,). • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 2, 1982 Call to order, invocation by Reverend Bob Mooney Centennial Lutheran Church, 3595 West Bell~view Avenue, pledge of allegiance by Boy Scout Troop #92 and roll call. Minutes. (a) Regular Council meeting of July 19, 1982. (Copies enclosed .) Pre-scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) Other Visitors. (Please limit your presentation to 5 minutes.) Public Hearing. (a) To consider an Ordinance on final reading authorizing the issuance of special assessment bonds of the City of Englewood, Colorado, for Paving District No. 28, for the construction and installation of street paving, curb and gutter and sidewalk improvements, together with necessary incidentals on certain stre ta within Paving District No . 28; pr scribing the form of the bonds; and providing for the payment of said bonds and the interest ther on . (Copi s enclosed .) • I • • • • • • Pag 2 August 2, 1982 Agenda 's . Coumunications -No Action Recommended. (a) Municipal Court Activity Report, J\llle, 1982. (Copies enclosed.) (b) Minutes of the Career Service Board regular meeting of June 17, 1982 . (Copies enclosed .) (c) Minutes of the Management Comnittee meetings of July l, July 8, and July 15, 1982 . (Copies enclosed.) (d) Memorandum from Director of Libraries concerning her attendance at 1982 American Library Associa - tion annual conference, Philadelphia, Pa., July 10 thru July 13, 1982. (Copies enclosed .) 6. Communications -Action Recommended . (a) Recommendations from the Planning & Zoning Conmission meeting of July 20, 1982, amending the Comprehensive Zoning Ordinance : (b) Amending Section 22.2-6c(2) pertaining to variance guidelines for Board of Adjustment and Appeals on the Sign Code. (Copies enclosed .) . Amending Section 22.1-8 of the Comprehensive Zoning Ordinance adding a new section pertaining to public and city owned utilities. (Copies enclosed.) Minutes of Water & Sewer Board meeting of July 13, 1982, with recommendations · ii) Approval of Supplement No . 94 to th Southgat Sanitation District . Approval of inclusion of Suppl nt No . 15 to the Valley Sanitation District . (Copies nclos d.) I • • • • • • Page 3 August 2, 1982 Agenda 7. City Attorney. Ordinances on Final Reading. (a) Ordinance repealing and reenacting portions of Title XI of the Englewood Municipal Code of 1969 to more precisely define acts pro- hibited in certain criminal offense ordinances . (Copies enclosed.) Ordinance repealing Sections 11-6-14, Unlawful To Possess Burglar Tools, 11-6-22, Loitering Prohibited, 11-6-23, Loitering Near School Prohibited! 11-6-24, Unlawful Congreation, 11-7-16, Tax1'!lt:, Cruising, and 11-8-11, Assault or Indecent Acts. (Copies enclosed .) Bills for an Ordinance. Bill for Ordinance approving a contract with the Geological Survey, United States Departmen t of Interior and the City of Littleton, State of Colorado, to define and understand hydraulic conditions of the South Platte River . (Copies enclosed.) ')/' (d) Bill for Ordinance approving an agreement between the Cities of Englewood and Littleton and the Division of Administration of the Colorado Department of Health represented by the Water Quality Control Division to conduct a Comprehensive Stream Study of Segment 14 / of the South Platte River . (Copies enclos e d .) R solutions : Resolution establishing fees and charges for the Englewood Municipal Golf Course. (Copies enclosed .) I • • n -• • • Page 4 August 2 , 1982 Agenda pc 7. City Attorney (continued). Other Matters. (g) Contract with Urban Edges for fund raising activities for the hike and bike trails along the Platte River . (Copies enclosed.) City Attorney's Choice . 8 . City Manager . " ~ '( " " / (a) Council Conmunication from the City Manager concerning .a management contract for the Bi-City Wastewater Treatment Plant . (Copies enclosed .) (b) (c) (d) Council Comnunication and Resolution con- cerning adoption of Six-Quarter Budget for the period July , 1982 through December , 1983 . (Copies enclosed .) Council Conmunication from the City Manager concerning a contract with David M. Griffith and Associates , Ltd ., for performance of a Cost Allocation Plan for the City of Englewood . (Copies enclosed .) Manager 's Choice . 9 . Genera l Discus sion. (a) Mayor's Choice . (b) Council Member' Choice . 10 . Adjournment. • I • • • -• • ROLL CALL ~ Moved Seconded Ayes Nay Absent Abstain Higday Neal Fi tzoatrick Wei st Bi lo Bradshaw Otis • I . . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HtQda11 l Neal X Fitzoatrick Weist ' Bi lo \ X Bradshaw 1 Otis • I • • • • • -• • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday I Neal X Fltzoatrick Weist Bi lo X' Bradshaw Otis • I • • • • • -• • Moved Seconded Ayes Nay Absent Abstain Hiqday Neal x Fltzoatrick Weist ~ Bi lo r Bradshaw Oti s I • • • • - • • ~ §a&-2 Moved >< ROLL CALL Seconded H1aoay ~ Neal Fitzoatrick Wei st Bi lo Bradshaw Otis • • • Ayes Nay Absent Abstain v I I • • • • - • • ROLL CALL Moved Seconded Aye s Na y Absent Abstain Hiadav Neal y Fitznatrick Wei st \ Bi lo \ .......... Bradshaw I Otis I 0 • I • • • - • • ROLL CALL (p ~ ) i 'i1!,~Z,vV ~ J,vi_ GJA-'t-b ~ .AAA)~"'-~ Moved Seconded ---, Ayes Nay Absent Abstain H1gday Neal ~ V, Fitzoatrick Weist Bi lo _.lo( Bradshaw I Otis • I • • l • • • • • ROLL CALL L<zL'V-v L A ~~~ Moved Seconded Ayes Nay Absent Abstain HiQdav Neal >< Fitzoatric k Weist Bi lo \ ,-...:: Bradshaw \ Oti s . D I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1oaay Neal Fl tzoatri ck Weist Bi lo Bradshaw Otis • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1-l 1 H 10dav l \ l I l i X. Neal 1 I ~ Fi tznatrick Wei st Bi lo Bradshaw Otis - 0 • I • • • • . - • • ROLL CALL ~ +v "'1'r'"1 "'~ > ~-.\-,, Ayes Nay Abs ~ A~tai ~ Moved Seconded l{ I qday ~ Neal Fi tzoatrick Weist ',L' Bi lo Bradshaw Otis 0 I . . • • • - • • 7A :.,_,-Hoved Ayes Absent Abstain Nay Seconded H1Qdav r Neal T V Fi tznatrick Wei s t Bi lo )( Bradshaw Oti s I D I • • • • • - • • ROLL CALL \ \ -& --I O (b) Moved Seconded Ayes Nay Absent Abstain H1qday Neal )( Fi tzoatrick , Weist ')<... Bi lo ' Bradshaw Otis I • • • • • - • • 1& ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday Neal V Fitzoatrick " Wei st Bi lo "57 Bradshaw Otis I • • • • • • • ROL L CALL Moved Seconded Ayes Nay Absent Abstain H I ac av T X Neal Fi tznatri ck We i s t ~ Bi lo Brad s haw Oti s I 0 J I . • • • • - • • ROLL CALL ~ Socoadod Ayes Na y Absent Abstain H1qaay Neal -y Fitzpatrick Weist y Bi lo Bradshaw I Otis I • • • • - • • ROLL CALL ~~ Moved Seconded Ayes Nay Ab sent Abstain H1odav Neal ..._/ Fitzoatrick Weist X Bi lo Bradshaw Otis I • • • • • - • - [4.;k ~~ Moved Se con de a~ -"YC Na y .l(bsent Abstain \....-H1 qdav Neal Fitzoatrick Wei st -Bi lo ~ Bradshaw . Ot is • I • • ' • • • • ROLL CALL ~ !)~~ l-.u.v~l Moved Seconded Ayes Nay Absent Abstain M1qaay I Neal .><,. Fi tzoatrick Wei s t Bi lo \ :>-<=-Bradshaw \ Otis I • • I • • • • • ROLL CALL ( Moved Seconded --Ayes Nay Absent I H1oaav Ab s tain Neal I T 1 . Fltzoatrick Wei s t - Bi lo v Bradshaw - I Otis I I ~ h(~ ..-.--r t W'l'~ VV\, ~{\t{,A..J t.\_ u-'lf~ ( y~ (,LA.A-4.P~ ?~ ) ~r««L :j1 ( ~:3 I . • • - • • ROLL CALL Moved ~~ (_p~ ~ Seconded Ayes Nay Absent Abstain Hlqday I\ Neal I'\. >.. Fi tzoatrick ~ Weist 7<,._ Bi lo .x.. X Bradshaw X Otis ')<" 3 iJ,/,ju - + &' tJ1)-0 t't.-. z.., 1---.A- ..L 7'~</co ~ :#2 1/2,( - I -,. (I_ 1 -I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tai n Hiodav Neal Fitznatrick Weist Bi lo Bradshaw Otis /Ltu£- I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1ndav Y' Neal x' y Fitzoatric:k >t Wei s t }( Bi lo )., V Bradshaw X Otis > I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain / -.. Hiodav )(' Neal '<" Fi tzoatrick ')( Weist )< Bi lo ,...... X Bradshaw "" Otis 'v' I • • • • • - • • ROLL CALL ·~1-- Hoved Seconded Ayes Nay Absent Abstain H1<1aav X Neal Fi tzoat rick Weist 1". Bi lo Bradshaw Otis I I • • • • • • • ROL L CA LL VIA A 4--v ~ h i~ ~~-"'-~ iG~ '\() tY~ I~ [R_ 6) II Hoved Seconded Ay e s Na y Ab se n t Ab sta i n -H1 n <la v 1 ->( Neal J F i tzoa trick f We i st ,><;_ Bi lo I Brad s haw I Ot i s 1 I . . • • • • • COUNCIL CHAMBERS City of Englewood, Colorado July 19, 1982 \ CY REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 19, 1 982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by The Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops No. 115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. * * * * * * Also present were: City Manager Mccown Ass ista nt City Manager Varga s City Attorney DeWitt Director of Wastewater Treatment Owen Director of Engineering Services Diede Deputy City Cl rk Watkins * * * * * * Council Member Bradshaw noted an addition to the minutes of July 28, 1982. On page 7, second line, add after •structures• - •on west sid of chann l". COUNCIL MEMBER NEAL MOVED TO APPROVE SPECIAL MEETING OF JUNE 28, 1982, AS AMENDED. shaw seconded the motion. Upon• call of the resulted as follo ws: THE MINUTES OF THE Council Member Brad- roll, the vote Aye : Council Members Neal, itzpatrick, W lat, Bilo, Br•d1haw, Otis • • I • • - • July 19, 1982 Page 2 Nays: Abstain: • • • None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw noted a correction to the minutes of July 6, 1982. On page 8, the proper spelling of the council member from Sheridan is •crookham•. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1982, AS AMENDED. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 12, 1982. Council Member Neal sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Me•bers Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Nays: None. Abstain: Council Member Bilo, The Mayor declared the motion carri d. * * • * * • There were no pre-scheduled visitors. * * * * * • There were no other visitor•. * * * * * • • I • • - July 19, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEAR- ING FOR CITIZENS INPUT RELATING TO GENERAL REVENUE SHARING FUNDS. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Manager Mccown stated it has been the practice to place general revenue sharing funds in the Public Improvement Fund. Last year the funds were used in the General Fund and a like amount was transferred to the Public Improvement Fund. Mr. Mccown stated the purpose of this hearing was to receive citizen input for the use of the general revenue sharing funds. Mayor Otis asked for comments from the audience. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Ma yor decla red the mot ion carri ed • • • • • • • COUNCIL MEMBE R NEAL MOVED TO OPEN THE PUBLIC HEARING FOR CITIZENS INPUT RELATING TO THE 1983 OPERATING BUDGET. Council Mem- b r Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb rs Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Non • The Mayor declar d he motion carri d. City Manag r Mccown stated staff is putting together the budget for 1983 which will b submitted to Council in September. Mr. Mccown stated his haring is not requir d but is conducted for • I • • -• • • July 19, 1982 Page 4 the purpose of receiving input from citizens so their ideas can be considered during the budget preparation. Mayor Otis asked for comments from the audience. Jan Andress, Director of Town of Littleton Cares-Meals on Wheels, appeared before Council. Ms. Andress stated her agency is a non-federal, non-state supported program that helps senior citi- zens in Englewood and Littleton by serving them one hot meal a day Monday through Fridays. Ms. Andress requested Council's consi- deration of $2,500 in the 1983 budget to financially assist her agency. In response to questions from Council, Ms. Andress stated the program serves more senior citizens in Englewood than Little- ton. She stated for the first six months of 1982, she has served 3,825 meals to approximately 50 senior citizens in Englewood. She further stated the program asks $2.00 a day from recipients six of which can not afford to pay at all. Council Member Bradshaw asked Ms. Andress to provide her request in writing so Council will have documentation. There were no other requests. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the rol l , the vote resulted as follows: we r Ayes: Nays: Council Member s Higday, Neal, Fitzpatrick, Weist, Bi l e, Bradshaw, Otis. None. The Ma y or d ecl ar e d th e mo t io n ca rr i ed • • • * • • * •communications -No Actlon Recommended • on t h e a g end a (a) Minut s of the Urban Re n e wal Autho r ity meeting of Jun e 2, 1982. (b ) Mi n utes of h Boa r d o f Ad j u stme n t and App ala 111 etlng ot June 9, 1982 . (c) Minutes of h P l nning a n d Zo n ing Co mm ission meeting s of June 15 and 29 , 198 2 . • I • • July 19, 1982 Page 5 (d) • - Minutes of the Liquor License Authority meeting of June 23, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA - TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -(D). Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(A) CONCERNING THE SEALCOAT PROGRAM 1982. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director Diede presented a Council Communication from the City Manager concerning the award of cons ruction contract for the Sealcoat Program 1982. Mr. Diede stated three bids were rec ived and the lowest bid was from Gil-Son Paving Company in the amount of $85,022.65. Mr. Diede proposed combining the funds left over from this bid award and the monies left over from omitting Section B from Paving District No. 28 and work on additional blocks . Mr. Diede stated the combination of monies would amount to $95,801.58 and would allow for approximately 15 more blocks to be overlayed or chip sealed. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR THE SEALCOAT PROGRAM 1982 TO GIL-SON PAVING COMPANY IN THE AMOUNT OF $85,022.65; AND THAT THE REMAINING MONIES IN THE AMOUNT OF $95,801.58 BE USED TO DO AS MANY ADDITIONAL STREETS AS THE CITY CAN DO IN OVERLAY OR CHIP SEAL. Council Member Neal second d th motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, W 1st, Bilo, Bradshaw, Otis. • I • • In - • • • July 19, 1982 Page 6 Nays: None. • • • The Mayor declared the motion carried • • • • • • • COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 8(8) CONCERNING AWARD FOR A CONTRACT RELOCATING LIQUID OXYGEN STORAGE TANK. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Wastewater Treatment Bill Owen came forward and presented a Council Communication from himself requesting ap- proval and award of a contract for construction work associated with relocating liquid oxygen storage tank to G. W. Starbuck Com- pany. Director Owen stated two bids were received, the lowest one from G. w. Starbuck Company for an amount of $24,367.00, COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION WORK ASSOCIATED WITH RELOCATING LIQUID OXYGEN STORAGE TANK TOG. W. STARBUCK COMPANY IN THE AMOUNT OF $24,367.00. Coun- cil Meaber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1982 • • • • BY AUTHORITY A BILL FOR • • COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW • I • • - • July 19, 1982 Page 7 • • • AN ORDINANCE REPEALING AND REENACTING PORT IONS OF TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO MORE PRECISELY DEFINE ACTS PROHIBITED IN CERTAIN CRIMINAL OFFENSE ORDINANCES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING SEC TIONS 11-6-14, UNLAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITERING PROHIBITED, 11-6-23, LOITER - ING NEAR SCHOOL PROHIBITED, 11-6-24, UNLAWFUL CONGREGATION, 11-7-16, TAXICAB CRUISING, AND 11-8-11, ASSAULT OR INDECENT ACT S. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vot e resulted as follows: Ay s: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Non. Th Mayor decl red the motion carried. Council Member Neal expressed appreciation for Council Memb er Bradahaw•a •nd City At orney Dewitt's efforts in going to the work required in preparing Council Bills No. 31 and 32. * * It * * * • I • • • July 19, 1982 Page 8 • • - City Attorney DeWitt stated Council Bill No. 37 was not the normal course of action to take in the matter of entering into a contract with Owen Engineering and Management Consultants. Mr. DeWitt stated the proper action would be by motion. COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE WHOLE ISSUE UNTIL THE FIRST MEETING IN AUGUST. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Bile, Bradshaw. Council Members Higday, Otis. The Mayor declared the motion carried. City Attorney DeWitt stated he would bring the matter back in motion form. * * * * * * City Attorney DeWitt discussed a council bill concerning the parking lot lease. Mr. DeWitt suggested tabling the matter. City Attorney DeWitt stated recent information necessitates the need for further evaluation. Council Member Neal stated there was nothing he wa nted to do to prevent Cinde rella City from becoming more successful and was wil ling to coo perate in work ing with them in allow ing parking at Cinderella City. Mr. Neal requested that within the next 30 days Council have an o pportunity to talk with or have some wr itten response from Cinderella City in regard to the rumors about King Soopers leaving the City . Mr. Neal stated this matter is of in- tense interest to the majority of the citizens in the City and Council should solicit Cinderella City's and Kravco's remarks in regards to King Soopers. Council Member Fitzpatrick stated other stipulations as t o changes in what areas of the parking lot would be increased in lease longevity is of concern as w 11. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE. Council Member Bilo second d th motion. Upon a call of the roll, the vote resulted as follows: Ay s: Nays: Council Members Higdey, Neel, Fitzpatrick, Wei t, Bilo, Bradshaw, O is. None. • I • • • • - July 19, 1982 Page 9 The Mayor declared the mot i on carried. * * * * * * City Attorney DeWitt informed Council his office has com- pleted the transaction on 3441 South Bannock. Copies of documents will be forwarded to Council. Arrangements are being made for the elderly occupant of the property to remain until her affairs are straightened out and she c an move into other hous i ng. * * * * * * City Attorney DeW i tt informed Counc i l his office has com- pleted the process of exchanging property at McLellan Reservoir. * * * * * * COUNCIL MEMBER FI TZPATRICK MOVED TO SET A SPECIAL MEETIN G ON JULY 26, 1 982, AT 7 :30 P .M. FOR THE PURPOSE OF RECEIVING FROM PLANNING AND ZONING THE URBAN RENEWAL PLAN. Coun ci l Memb e r Brad- shaw seconded the mot ion . Upon a call of the roll, the vote resulted as follow s: July 26. Ayes: Nay s : Co un cil Members Hi gday , Nea l , Fit zpat r ic k, We ist , Bi l o , Brads h aw, Ot is . None . Th e Ma y o r decla r ed the motion car r ied . Cou n cil decided to have a study session at 5:00 p.m. on * * * * * * Assistan City Manager Vargas pr sented a Council Communi- cation from the Parks and Recreation Departm nt requesting approval to install a banner over South Broadway announcing the production of •sawdu tin My Sho a• on August 5 -7. Mr. Vargas stated it has b en discovered the pole on which the banners are normally hung are in poor condition and pos ibly could not hold th wight any more. The Public Service Compoany suggested an alternat location where th poles are of s eel. COUNCIL MEMB R BRADSHA W MOVED TO APPROVE THE INSTALLATIO 0 THE BANN RON JULY 28 AND MAINTAINED THROUGH AUGUST 7 ON THE AL - TERNATE LOCATION ON TH STE L POLES. Council M mber Fi zpatric aeconded the motion. Upon a call of the roll, he voter sulted • followa: • I • • • • July 19, 1982 Page 10 Ayes: Nays: • • - Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • Council d ec ided to meet with Mr. Gasson and Mr. Kaufman and then go into executive session following this meeting • * * • * * • COUNCIL MEMBER BRADSHAW MOVED TO REOPEN THE PUBLIC HEAR - ING ON THE 1983 OPERATING BUDGET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Harry Fleenor, 3383 South Corona, appeared before Council. Mr. Fleenor stated since his appointment to the Court Advisory Com- mittee, he has been studying the budget. Mr. Fleenor suggested adding another section to each summary page wh ich would be assigned as "contingency". This section would be for surplus monies. Mr. Fleenor proposed implementing this idea in the judiciary depart- ment and to review its effectiveness after one year. There were no further comm nts. COUNCIL MEMBER NEAL MOVED TO CLOSE THE HEARING. Council M mber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb rs Higday, Neal, Fitzpatrick, Wei st, Bilo, Bradshaw, Otis . Nay Non . The Mayor declar d he mo ion carried. • • • • • • • I • • - • • • July 19, 1982 Page 11 • • • There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:33 p.m • • I • • - .'?-ORDINANCE NO, SERIES OF 198~2~~- • • • BY AUTHORITY A BILL FOR 1 I} COUNC IL BILL NO, 36 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO . 28, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS , TOGETHER WITH NECESSARY INCIDENTALS ON CERTAIN STREETS WITHIN PAVING DISTRICT NO. 28; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. WHEREAS, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals 01 1 certain streets withi n Paving District No. 28, Paving District No. 28, in the City of Englewood has been duly created by Ordinance No. 22, Series of 1982, finally adopted and approved on May 17, 1982; and WHEREAS, the City Council has determined that the portion of the cost of the construction and installation of such i mprovements, together with necessary incidental costs, which will be assessed against the property included within the District, shall not exceed the amount of $472,600, and that bonds of the City for the District should be issued in this amount ; and WHEREAS, in accordance with the City Charter and a resolution passed on June 28, 1982, the City Council has ad- vertised for the sale of Special Assessment Bonds and bonds 1n the amount of $472,600 have been award ~~~-n_d~C_o_m_p_a_n_y~~~~~~~~' and WHEREAS, it ia now nece11ary to provide for the iaauanc e of the bond• and the form and payment thereof; BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO: Section 1. Bond Details. By virtue of and pursuant to th Ch arter and th Law of the State of Color ado, Special A•••••- 111ent Bonda of the C ty of £nglewooa tor Pav1n9 Outrict No. 28 -54 - • I • • • • • shall be issued for the purpose of pay i ng for part of the cost of local improvements to be constructed in the District or for the reimbursement of costs already incurred. The bonds shall be in the principal amount of $472,600, shall be dated August 1, 1982, and shall consist of 473 bonds in the denomination of $1,000 each, numbered 1 to 473, inclusive, except that Bond No. will be in the denomination of $600.00. The bonds shall be payable to bearer, and shall be due and payable on August 1, 1993, subject to call and prior payment on any interest payment date, in direct numerical order, upon payment of par and accrued interest without redemption premium. Notice of such prior redemption shall be published in a newspaper of general circulation in Englewood, Colorado, one time at least 30 days prior to the date of redemp- tion. In addition, a copy of such Notice shall be mailed at the time of publication to the original purchaser of the bonds. The bonds shall bear interest according to interest coupons designated "A", payable on February 1, 1983 and semi- annually thereafter on February 1 and August 1 each year, as follows: "A" Coupon Amount Bond Numbers Interest Rate $162,600 1 to 163, i ncl. 12 .00 85,00 0 164 to 248, i nc l. 10 .25 65,000 2 49 t o 313, i n cl. 10 .75 $ 45,000 3 14 to 358, incl. 11. 00 4 5 ,000 359 to 403, incl. 11. 50 35,000 4 0 4 to 4 38, incl. 11. 75 35 ,0 0 0 4 39 to 473, in cl. 12.00 In addition o the •A• int r at r te set forth a bove, all of the bonds bar ddit on l interest e vidence d by suppl m n- tal inte re st coupon d a1gnated •a•, for th p riod from S pt mb r 1, 1982 to t h d at • 1nd1ca .a b lo , or to th of he bon d, which v r is payabl on the SUI da prod of tim: he earlier da e, such int r e at bing as th •A• inter at cou pon during s a id -ss - • I • • - • • • • • "B" Coupon Fo r Period Bond Numbers Interest Rate to 1 to 163, incl. 2.25% 8-1 -8 3 164 to 248, incl. 2.2 5 8-1-8 3 249 to 313, incl. 2.2 5 8-1-83 31~ to 358, incl. 2.25 8-1-83 359 to 403, incl. 2.25 8-1-83 404 to 438, incl. 2.25 8-1-8 3 439 to 473, incl. 2.25 8-1-83 The net effective interest rate of this issue of bonds is 12.06377 I per annum. The pr i ncipal of and interest on said bonds shall be payable at The First National Bank of Englewood, in Englewood, Colorado. Section 2. Execution of Bonds and Interest Coupons. The bonds shall be signed with the facsimile signature of the Mayor, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk-Treasurer, with a facsimile of the seal of the City affixed thereto, and the inter- est coupons attached shall be signed with the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer. When issued as aforesaid as part of said bonds , the interest coupons shall be the binding obligations of the City accord ing to their import. Should any officer whose manual or facsimile signature appears on said bonds or the coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. Section 3. Form of Bond and Interest Coupon • The bonds and th interest coupons to be attached thereto shall b in substantially the following form: -56 - I • • n • • • (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE No. CITY OF ENGLEWOOD PAVING DISTRICT NO. 28 SPECIAL ASSESSMENT BOND $ 600 $1,000 The City of Englewood, in the County of Arapahoe, State of Colorado, for value received, hereby promises to pay to the bearer hereof, out of the special fund hereinafter designated, but not otherwise, the principal sum of SIX HUNDRED DOLLARS ONE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of August, 1993, with interest thereon at the rate of per centum ( ) per annum from date until payment, as evidenced by interest coupons designated "A", payable on February 1 , 1983 and semi-annually thereafter on February 1 and August 1 each year, and add itional interest evidenced by supple- mental interest coupons designated "B", for the period from 1982 to , 198_, or to the redemption date of this Bond, whichever is the earlier date, such interest being payable on the Sil.Ille dates as the "A" interest coupons during said period of time. Both principal and interest are payable at The First National Bank of Englewood, in Englewood, Colorado, upon presentation and surrender of the attached coupons and t h is Bond as they severally become due or are called for payment. This Bond is subject to call and r de11ption in direct numerical order of the issue of which it is one, on any i nterest payment date, upon payment of par and accrued interest to the date of redemption. Notice of such prior r de11ption shall be published in a newspaper of g neral circulation in the City, one time at least thirt y (30 ) days prior to the d a t e of r demp- tion. -57 - • I • • • • • • • This Bond is issued for the purpose of paying part of the cost of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary inciden- tals on certain streets within Paving District No. 28, in the City of _Englewood, Colorado, by virtue of and in full conformity with the Constitution and Laws of the State of Colorado, the Charter of the City, and an Ordinance of the City duly adopted, approved, published and made a law of said City prior to the issuance hereof. Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledged, a special fund designated as •paving District No. 28 Bond and Interest Fund•, which Fund shall contain initially any monies in the construction account remaining after the cost of improvements has been paid in full and thereafter to contain the proceeds from special assessments to be levied against the property included within the District and specially benefited by the construction and installation of improvements therein. The assessments to be levied will constitute a lien on and against each lot or tract of land in the respective amounts to be apportioned by an ord inance of the City. In add i tion, in accordance with the City Charter and the Ordinance authoriz ing the issuance of this Bond, whenever four- 1 fifths (4 /5) of the bonds of this issue have been paid and cancelled, and for any reason the remaining assessments are not paid in tiae to take up the remaining bonds and the interest thereon, then the City shall pay said bonds when due and the interest due thereon and reimburs its lf by collecting the unpaid assessments due th Di1trict. This Bond does not constitute a debt or an indebtedn ss of the City of Englewood within the meaning of any constitutional, statutory or charter limitation or provision, and shall not b considered or held to be a g neral obligation of the City. The payment of this Bond and the interest thereon is nots ucred by an ncumbrance, mortgage or other pl dg of prop rty of th City -58 - • I • • --- • • • • • except for such special assessments and other monies pledged for the payment of bonds, as set forth above. No property of the City, subject to said exception, shall be liable to be forfeited or taken in payment of the bonds. It is hereby certified and recited that all requirements of law have been fully complied with by the proper officers of the City in the issuance of this Bond, and that the total amount of this issue does not exceed the cost and expense of said improve- ments or any limitation prescribed by law. For the payment of this Bond and the interest thereon the City pledges all of its lawful corporate powers. IN TESTIMONY WHEREOF, The City of Englewood has caused this Bond to be signed with the facsimile signature of the Mayor, attested and countersigned by the manual signature of the Director of Finance, e~-officio City Clerk-Treasurer, with a facsimile of the seal of the City affixed hereto, and the interest coupons attached hereto to be signed with the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer, as of the 1st day of August, 1982. (F ACSIMILE ) ( S E A L ) ~ ATTESTED AND COUNTERSIGNED: (Manual Signature) Director of Finance .ex-officio City Clerk-Treasurer CITY OF ENGLEWOOD, COLORADO By ___ (:.;F:...a::..c=s.:.i::::111.;:;i..:l..:e;,....:S;.;:i;..;g'"'n~a::..t::..u::..r::..e.:..1.) __ _ Mayor -59 - I • • In --- • • • • • (Form of Interest Coupons ) No. $ ---- February, On the 1st day of August, 19 , unless the Bond to which this coupon is attached has been called for prior redemp- tion, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon in law- ful money of the United States of America, solely out of the special fund referred to in the Bond to which this coupon is attached, at The First National Bank of EnglewOOd, in Englewood, Colorado, being interest then due on its Special Assessment Bond for Paving District No. 28, dated August 1, 1982, bearing No. (Facsimile Signature ) Director of Finance ex-officio City Clerk-Treasurer -60 - • I • • I n • • • - Section 4 . Di spo sitio n o f Bond P roceeds. The proceeds of said bonds shall be applied on ly to pay the c os ts and expenses of constructing and installing i mprovemen t s in the District and all other costs and expenses incident thereto. In the event that al l of the proceeds of said bonds are not required to pa y such costs and expenses, any remaining amount shall be paid into the special assessment fund for the purpose of calling in and paying the principal of and interest on said bonds. Neither the pur- chasers of said bonds nor any subsequent holder of the same shall be responsible for the application of the proceeds of said bonds b y the City or an y of i ts officers. All or any portion of the bond proceeds may be temporari l y invested or reinvested, pending such use, in securi- ties or obligations which are lawful investments for such munici- palities in the State of Colorado. It is hereby covenanted and agreed by the City that the temporary investment or reinvestmen t of the bond proceeds, or any portion thereof, shal l be of such nature and extent, and for such period, that th e bon d s of th e Ci t y s hall not become "arbitrage bonds" within the mea ni ng of Sect i on 103 (c) of the Internal Revenue Code of 1954, as amended , and pertinent regulations, and such proceeds, i f s o i nve st e d o r reinvested, shall be subject to the lim i tat i on s and re striction s of said Section 103(c), and pertinent regulat i ons a s the same now ex i sts or ma y later be amended . Sect ion S . Paving Di str ict No. 28 Bo nd and Inte r est Fu nd. T h e bond s a nd t h e int e rest t hereon shall be paya ble solely from the local improvement fund, designated as the "Paving Dis- trict No. 28 Bond and Interest Fund", which shall conta in initial- ly any monies in the construction account remaining after the cost of improvements has been paid in full and thereafter to contain the proceed s from special assessments to be levied against the prope r ty within the District and specially b e n efited by the construction of improvements ther in. When there is on hand a sufficient amount to pay si x months' interest on outstanding bonds for the District, , - • I • • - • • • - th e Ci t y shall c a ll f or pa ym e nt, on the next int e re s t pa y ment d at e, outstanding bonds i n d ir ect numer ic a l orde r wi t h funds a v a i lable therefor. Not i ce of c all and r edemp t io n shall be given b y advertisement one time in a newspape r having genera l c i rcula- t i on in the City, at least thirty (30 ) da y s pr i or to the date of redemption. The notice shall specify by n u mber the bonds called, and all such bonds shall be paid in their d irect numerical order. The holder of any such bonds may at any time furnish his or her post office address to the Director of Finance, and in such case a copy of the advertisement shall be mailed to the bond- holder, at such address, on or about the day of such publicat i on. After the expiration of the period for cash pay- ments of assessments in full, the City shall, to the extent possible, pay each year not less than 101 of the total amount of bonds outstanding after the payment of the bonds with the proceeds of such cash payments of assessments in full. Section 6. Additional Security for the Payment of Principal and Interest. In addition, in ac corda nc e with the Ci ty Charter, whenever four-fifths (4 /5 ) of the bonds of this issue have been paid and cancelled, and for any reason t h e re- main i ng assessments are not paid in time t o take u p t he rema ining bonds and the interest thereon, then the City shal l pay sa i d bonds when due and the interest due thereon and reimburse itself by collecting t h e unpa i d assessments due t h e distr i ct . Section 7. Asse s smen t of Costs . Th e Ci t y Council covenants tha t upon complet ion of t h e local improveme nt s , or upon completion fro m time to time of a ny p a rt thereof , and upon ac- ceptance thereof by the Council, or whenever the total cost can be definitely ascertained, it will cause a statement showing the total cost of the improvements to be prepared and fil e d in the office of the Director of Finance. The City Council shall further cause a ssessments to be levied ag a inst the property included within the special i mprovement district and speci a lly b e nefit d by the c o nstruction an d installation of such improvements , in ac- cordance with l aw a nd the Chart r of the City. -62 - • I • • --- • • • • • Section 8. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such j udgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the i ntention that the various provisions hereof are severable. Section 9. Repealer. Al 1 Ordinances or parts thereof in conflict with this Ordinance are .hereby repealed. Section 10. Ordinance Irrepealable. After said bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satisfied and discharged. Section 11. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.H. on Monday, August i__, 1982 • Section 12. Publication and Effective Date. This Ordinance after its final passage, shall be numbered and recorded, and the adoption and publication shall be authent icated by the signature of the Mayor and the Director of Finance , ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after publica- tion following final passage. Introduced, read in full, and passed on first reading on the 12th day of July, 1982. Published as a Bill for an Ordinance on the 14th day of July, 1982 . Read by title and passed on final reading on the 2nd day of August, 1982. on Published by title as Ordin nee No.~~-' the 4th day of August, 1982. Series of 1982, Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer -3- I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby c er tify that the fore go ing is a true, accurate, and complete copy of the Ordinance passed o n final reading and published by title as Ordinance No.~~~- Series of 1982. Gary R. Higbe e • D I • • • ORDINANCE NO. _1/ SERIES OF 198~ • • • BY AUTHORITY A BILL FOR '/ A COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASS E SSMENT BOND S OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRI CT NO. 28, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CU RB AND GU TTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDEN TALS ON CERTAIN STREETS WITHIN PAVING DISTRICT NO. 28; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAI D BONDS AN D THE INTEREST THEREON. WHEREAS, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals 011 certain streets within Paving District No. 28, Paving District No. 28, in the City of Englewood has been duly created by Ordinance No. 22, Series of 1982, finally adopted and approved on May 17, 1982; and WHEREAS, the City Council has determined that the portion of the coat of the construction and installation of such improvements, together with necessary incidental costs, which will be assessed against the property included within the District, shall not exceed the amount of $472,600, and that bonds of the City for the District should be issued in this amount; and WHEREAS, in accordance with the City Charter and a resolution passed on June 28, 1982, the City Council has ad- vertised for the sale of Special Assessment Bonds and bonds 1n t he amount of $472,600 have been awarded to Kirchner Moo r e WHEREAS, it ia now nece11ary to provide for the i11uance o f the bonds and the form and payment thereof : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of' ENGLEWOOD, COLORADO : Section 1. Bond Details. By virtue of and pursuant to t he Charter and the Laws of the State of Colorado, Special Aaaeaa- ment Bonda of the Ci ty of Englewooa for Pav i ng Distr i ct No. 28 -5 4 - • I • • • • • • shall be issued for the purpose of pay ing for part of the cost of local improvements to be constructed in the District or for the reimbursement of costs already incurred. The bonds shall be in the principal amount of $472,600, shall be dated August 1, 1982, and shall consist of 473 bonds in the denomination of $1,000 each, numbered 1 to 473, inclusive, except that Bond No. will be in the denomination of $600. 00. The bonds shall be payable to bearer, and shall be due and payable on August 1, 1993, subject to call and prior payment on any interest payment date, in direct numerical order, upon payment of par and accrued interest without redemption premium. Notice of such prior redemption shall be published in a newspaper of general circulation in Englewood, Colorado, one time at least 30 days prior to the date of redemp- tion. In addition, a copy of such Notice shall be mailed at the time of publication to the original purchaser of the bonds. The bonds shall bear interest according to interest coupons designated "A", payable on February 1, 1983 and semi- annually thereafter on February 1 and August 1 each year, as follows: Amount Bond Numbers "A" Coupon Interest Rate $162,600 1 to 163, incl. 12.00% 85,000 164 to 248, incl. 10.25 65,000 249 to 313, incl. 10.75 $ 45,000 314 to 358, incl. 11. 00 45,000 359 to 40 3, incl. 11. 50 35,000 404 to 438, incl. 1 1. 7 5 35,000 439 to 473, incl. 12 .00 In addition to the "A" interest rate set forth above, all of the bonds bear additional interest evidenced by supplemen- tal interest coupons designated "B", for the period from Se pte mb er 1 , 1982 to the dates indicated below, or to the redemption date of the bond, whichever is the earlier dat , such interest being payable on the same dates as the "A" interest coupons during said p riod of time: -55 - I • • • • • • "B" Coupon For Period Bond Numbers Interest Rate to 1 to 163, incl. 2.25% 8-1-83 164 to 248, incl. 2.25 8-1-83 249 to 313, incl. 2.25 8-1-83 314 to 358, incl. 2.25 8-1-83 359 to 403, incl. 2.25 8-1-83 404 to 438, incl. 2.25 8-1-83 439 to 473, incl. 2.25 8-1-83 The net effective interest rate of this issue of bonds is 12. 06377 I per annum. The principal of and interest on said bonds shall be payable at The First National Bank of Englewood, in Englewood, Colorado. Section 2. Execution of Bonds and Interest Coupons. The bonds shall be signed with the facsimile signature of the Mayor, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk-Treasurer, with a facsimile of the seal of the City affixed thereto, and the inter- est coupons attached shall be signed with the facsimile signature of the Director of Finance, ex-officio City Clerk-Treasurer. When issued as aforesaid as part of said bonds, the interest coupons shall be the binding obligations of the City according to their import. Should any officer whose manual or facsimile signature appears on said bonds or the coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. Section 3. Form of Bond and Interest Coupons. The bonds and the interest coupons to be att ched thereto shall be in substantially the following form: -56 - • I • • • • • - (Form of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE No. CITY OF ENGLEWOOD PAVING DISTRICT NO. 28 SPECIAL ASSESSMENT BOND $ 600 $1,000 The City of Englewood, in the County of Arapahoe, State of Colorado, for value received, hereby promises to pay to the bearer hereof, out of the special fund hereinafter designated, but not otherwise, the ptincipal sum of SIX HUNDRED DOLLARS ONE THOUSAND DOLLARS in lawful money of the United States of America, on the 1st day of August, 1993, with interest thereon at the rate of per centum ( ) per annum from date until payment, as evidenced by interest coupons designated "A", payable on February 1 , 1983 and semi-annually thereafter on February 1 and August 1 each year, and additional interest evidenced by supple- mental interest coupons designated "B", for the period from 1982 to , 198_, or to the redemption date of this Bond, whichever is the earlier date, such interest being payable on the same dates as the •A• interest coupons during said period of time. Both principal and int eres t are payable at The First National Bank of Englewood, in Englewood, Colorado, upon presentation and surrender of the attached coupons and this Bond as they severally b come due or ar called for payment. This Bond is ubject to call and redemption in direct numerical order of the issue of which it is one, on any interest payment dat, upon payment of par and accrued interest to the d te of redemption. Notic of such prior redemption shall b published in a newspaper of gen ral circulation in th City, one time at least thirty (30) days prior to th dat of red mp- tion. -57 - • I • • • • • • This Bond is issued for the purpose of paying part of the cost of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary inciden- tals on certain streets within Paving District No. 28, in the City of Englewood, Colorado, by virtue of and in full conformity with the Constitution and Laws of the State of Colorado, the Charter of the City, and an Ordinance of the City duly adopted, approved, published and made a law of said City prior to the issuance hereof. Payment of this Bond and the interest thereon shall be made from, and as security for such payment there is pledged, a special fund designated as •paving District No. 28 Bond and Interest Fund•, which Fund shall contain initially any monies in the construction account remaining after the cost of improvements has been paid in full and thereafter to contain the proceeds from special assessments to be levied against the property included within the District and specially benefited by the construction and installation of improvements therein. The assessments to be levied will constitute a lien on nd against each lot or tract of land in the respective amounts to be apportioned by an ordinance of the City. In addition, in accordance with the City Charter and the Ordinance authorizing the issuance of this Bond, whenever four- ' fifths {4/S) of the bonds of this issue have been paid and cancelled, and for any reason the remaining assessments are not paid in time to take up the remaining bonds and the interest thereon, then the City shall pay said bonds when due and the interest due thereon and reimburs its lf by collecting the unpaid assessments due the District. This Bond does not constitute a debt or an indebt dness of the City of Englewood within the meaning of any constitutional, statutory or charter limitation or provision, and shall not be considered or held to be a general obligation of the City. The payment of this Bond and the interest ther on is not seucred by an encumbranc , mortgag or oth r pl dge of prop rty of th City -S8 - • I • • - • • • • except for such special assessments and other monies pledged for the payment of bonds, as set forth above. No property of the City, subject to said exception, shall be liable to be forfeited or taken in payment of the bonds. It is hereby certified and recited that all requirements of law have been fully complied with by the proper officers of the City in the issuance of this Bond, and that the total amount of this issue does not exceed the cost and expense of said improve- ments or any limitation prescribed by law. For the payment of this Bond and the interest thereon the City pledges all of its lawful corporate powers. IN TESTIMONY WHEREOF, The City of Englewood has caused this Bond to be signed with the facsimile signature of the Mayor, attested and countersigned by the manual signature of the Director of Finance, et;-off icio City Clerk-Treasurer, with a facsimile of the seal of the City affixed hereto, and the interest coupons attached hereto to be signed with the facsimile signature of the Di rector of Finance, ex-officio City Clerk-Treasurer, as of the 1st day of August, 1982. (FACSIMILE) ( S E A L ) ~ ATTESTED AND COUNTERSIGNED: (Manual Signature) Director of Finance .ex-officio City Clerk-Treasurer CITY OF ENGLEWOOD, COLORADO By ____ ( F_a_"""""cs_i_111-::i~l"""e""".""'S~i-g.._n_a_t ___ u.;;.r..;;.e_.) __ _ Mayor -59 - I • • - • • • • (Form of Interest Coupons ) No. s ___ _ February, On the 1st day of August, 19 , unless the Bond to which this coupon is attached has been called for prior redemp- tion, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon in law- ful money of the United States of America, solely out of the special fund referred to i n the Bond to which this coupon is attached, at The First National Bank of Englewood, in Englewood, Colorado, being interest then due on its Special Assessment Bond for Paving District No. 28, dated August 1, 1982, bearing No. (Facsimile Signature ) Director of Finance ex-officio Ci ty Clerk-Treasurer -60 - I • • • • • • Section 4. Disposition of Bond Proceeds. The proceeds of said bonds shall be applied only to pay the costs and expenses of constructing and installing improvements in the District and all other costs and expenses incident thereto. In the event that all of the proceeds of said bonds are not required to pay such costs and expenses, any remaining amount shall be paid into the special assessment fund for the purpose of calling in and paying the principal of and interest on said bonds. Neither the pur- chasers of said bonds nor any subsequent holder of the same shall be responsible for the application of the proceeds of said bonds by the City or any of its officers. All or any portion of the bond proceeds may be temporarily invested or reinvested, pending such use, in securi- ties or obligations which are lawful investments for such munici- palities in the State of Colorado. It is hereby covenanted and agreed by the City that the temporary investment or reinvestment of the bond proceeds, or any portion thereof, shall be of such nature and extent, and for such period, that the bonds of the City shall not become •arbitrage bonds• within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and pertinent regulations, and such proceeds, if so invested or reinvested, shall be subject to the limitations and restrictions of said Section 103(c), and pertinent regulations as the same now exists or may later be amended. Section 5. Paving District No. 28 Bond and Interest Fund. The bonds and the interest thereon shall be payable solely from the local improvement fund, designated as the •paving Dis- trict No. 28 Bond and Interest Fund•, which shall contain initial- ly any monies in the construction account remaining after the cost of improvements has been paid in full and thereafter to contain the proceeds from special assessments to be levi d against the property within the District and specially benefited by th construction of improvem nts therein. When th r is on hand a ufficient amount to pay six months' inter st on outstanding bond s for the District, 1 - • I • • • • • • the City shall call for payment, on the next intere st payment date, outstanding bonds in direct numerical order with funds available therefor. Notice of call and redemption shall be given by advertisement one time in a newspaper having general circula- tion in the City, at least thirty (30) days prior to the date of redemption. The notice shall specify by number the bonds called, and all such bonds shall be paid in their direct numerical order. The holder of any such bonds may at any time furnish his or her post office address to the Director of Finance, and in such case a copy of the advertisement shall be mailed to the bond- holder, at such address, on or about the day of such publication. After the expiration of the period for cash pay- ments of assessments in full, the City shall, to the extent possible, pay each year not less than 101 of the total amount of bonds outstanding after the payment of the bonds with the proceeds of such cash payments of assessments in full. Section 6. Additiona l Security for the Payment of Principal and Interest. In addition, in accordance with the City Charter, whenever four-fifths (4 /5) of the bonds of this issue have been paid and cancelled, and for any reason the re- maining assessments are not paid in time to take up the remaining bonds and the interest thereon, then the City shall pay said bonds when due and the interest due thereon and reimburse itself by collecting the unpaid assessments due the district. Section 7. Assessment of Costs. The City Council covenants that upon completion of the local improvements, or upon completion from time to time of any part thereof, and upon ac- ceptance thereof by the Council, or wh n ver the total cost can be definitely ascertained, it will cause a statem nt showing the total cost of the improve•enta to be prepar d and filed in the office of the Director of Finance. The City Council shall further cause assessments to be levied against the property included within the special improv ment district and sp cially b nefited by the construction and installation of such improvem nts, in ac- cordance with law and the Chart r of the C1ty. 2 - • I • • -• • • Section 8. Severability. That i f any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 9. Repealer. All Ordinances or parts thereof in conflict with this Ordinance are .hereby repealed. Section 10. Ordinance Irrepealable. After said bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall have been fully paid, satisfied and discharged. Section 11. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Monday, Ang;ust i__, 1982 • Section 12. Publication and Effective Date. This Ordinance after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after publica- tion following final passage. Introduced, read in full, and passed o n f irst reading on the 12th day o f July, 1982. Published a s a Bill fo r a n Ordinance on the 1 4th day of July , 1982. Read by title and passed on final reading on the 2nd day of August, 1982. Published by title as Ordinance No .~/ , Series of 1982, on the 4 th day of August, 1982. Eugene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby cer tify that the for egoing is a true, accurate, and complete copy of the Ordinance passed o n final reading and published by title as Ordinance No.c;J/ , Series of 1982. Gary R. Higbee • I • • • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor Eugene L. Oti s and Members of City Council Louis Parkinson, Municipal Judge.)/? July 28, 1982 MUNICIPAL COURT ACTIVITY REPORT FOR JUNE, 1982 Attached is the Municipal Court Activity Report for June, 1982. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. /b Att. • 5 A I . . • • • • MUNI CIPAL COURT AmVITTR(PO!!_! REVEtllJE SOU P.CE Jlltl[ JUNE TOTALS TOTAL S _____________ 1,._o~P:...7 __ -'l'-'0"-8.:...l __ ___:F..::0;.:.R_:Y-"E'-'AR-'----"-LA:.:,S"-T YEAR V1olatfons Bureau F1nes------------------S 4,91 2.00 6,350 .00 31 .542.50 32,688.40 Par f.1 n~ Y1u lations Fi nes-----------------S J,657.50 Court Cases------------------------------S 11 ,219.01 Court Costs------------------------------S 3,283.00 Wttne s s Fees-----------------------------S 125 . 00 Jury Fees --------------------------------S Bond Forfeitures------------------------S Driver IMPrOVl!ftnt Sc hool Ftts -----------S AP1>e1l Bond Ftts-------------------------S 50.00 300.00 240.00 -0- Aro 111-Count, (DUI ' s )------------------S 11 165 . 00 TOTALS $ 25,951.51 ARRA! GNl'IE"T S----------------------------- r.ui lt1 pleu. (incl. nolo ple1,)---- llot Guilty plus ------------------- Cont 'd, F11l e d to Ai,pen, Dlsn,.----- TRAFrIC VIOLATIONS BUREAU (no 111rkinq )--- Gul 1 t1 pleu----------------------- llot Gu i lty pleu------------------ T•JALS SCHEDULED FOR MONTH------------ Trl1ls to the Court (held)---------- Jury trills (held)----------------- Jurles coll a pSed ----------------- Jwy Pl"e-trl a 1 s---------------------- ~ l're-trl a h----------------------- 5"1:l al 11Nrl"9s----------------- C.ws closed by dis11Ds I tion (P .I .)------- C.ws closed by Def. Pl"Ol./Sefttence ----- Drher Sc*l atteMence---------------- lollrr1nts and Elecut1ons l ssYN-------- C.ses pending (not Incl. p.rt1nq ) NO. Of CA SCS FILED IV CATAGORV : lr1ff tc v lol 1 ll ons ---------------------- P1rt 1119 • ioht t on s----------------------- Shoplt ft,ng vioht lons----------------- Ot he r ordln1nu vlol1ttons------------- AnlNl ordiOlftCt v,oltttons-----------· C-lalnts (c1t1 un, ules to, bldq , )--- Shw use clt.ilons-------------------- TO ALS Co urt cc : Jud Louis r1r 1nsnn 358 182 102 74 282 176 106 l! (!!) 34 ( 12 ) 5 ( 2) 3 35 232 239 161 13 22 56 1,598 443 719 59 104 21 7 __ 6 I, 9 5,965.40 33 ,070.35 40 .164.34 10,023.00 73.612.01 63,426 .00 3 ,123.00 21.636 .90 19,724.00 135.00 630.00 640.00 100.00 275 .00 225.00 300.00 2.260.00 1,100.00 345 .00 1,605 .00 -0--0- 1, 105 . 00 6,672.50 27 ,446 .40 171 .304 .26 378 163 !23 92 356 252 101 205 (~) 166 (28) 39 ( B) 31 ·20 238 55 161 5 20 42 I, 733 527 1,077 2 15-' 34 21 ~ 1,841 1.973 968 578 427 1,821 1,082 739 .ill (.ill.) 296 (115) 35 ( 10) 25 185 1,543 517 I, 178 59 142 374 2.558 6.150 294 404 7S 27 ~ 9. 72 1,845.00 -0- 5 81 2 .50 165.625 24 .Ll-1.i 956 666 493 1,998 1,491 504 1,339 (fill 1,185 (11 5) 154 ( 16) 138 133 l, 159 382 1q2 25 140 •n 3,176 6,5 I lb~ 14 ~ 10, 77 Nonor1 It "••or ru ""L. Otu 1nd r, of Cit• (n.,ncll "'""'rs "' , Cc,ur •~vho,-ron"I ee And., Mc Cown, , t.-""•"• , "rl W1 tl, . t • Att0~"4t Y «"1, ,. n ,., of Polu •. o, ~( tor o' rt ••• ,. J. tt t , (OUl"t AC tftl'itr-1, ,. • I • • - • • • - OOAru) OF CAREEn SEflVICE C0.1MI SS1Clllil JUNE 17 , 1982 MINlJlhC::, 5 8 , l'l~:SEN'J': Jo Ellen Turn r, .Ja.1wl Ke 1·zi<.:, Be lly Kc'e na , 11.>naJcl Weber ABSENI': OUIERS PRESENr: Catherine Pokraka Mel BeVirt, Firployee Relations Director Randy Pickrel, F .F.A. President **,..*** Chainnan Weber called the meeting t o o rder. Ccmnissioner Turner noved, seconded by Ccmnissioner Kerzic to approv th Jay 20 , 1982 regular meeting linutes. AYES : AB.STAI : AYS : Turner , KPrz i <·, WPlxl,r K )ena None> * "t ,t * Item thr on th Agenda was the l}q)loyees Association no repr ntatives pres nt for th Firployees Association nor fit iati n. Randy Pickr J, Fir fight r s As iation Presid nt W'.LS present. . ... * I Lem four o n th Ag nda w. · ti C1 Ly l•lanagcr' s Olol c Rl 'lati ns Di ·to r W'JS pr . nt . * * * * * l 1 BeVir, llipl oyee work l,.>;td h• :tva11.11,1,, I • • I ,... • • - MINUTES DOWNTOWN MANAGEMENT COMMITTEE July 1, 1982 ATTENDANCE: Don Ensign Jim Mosier Susan Powers Dick Hinson 1:15 P. M. Englewood City Hall Alicia Avila-Lucero Susan Powers reviewed the proposed calendar-work program for the redeve lop- ment project that was drafted at the last Management Committee Meeting. The purpose of preparing the calendar was to outline the work tasks that have been accomplished and those that remain. She reviewed the status of the Agreement to Negotiate and the meeting with Paul Benedetti, special counsel for redevelopment. Don Ensign of Design Workshop, Inc., presented the members with a memo entitled "Management Committee Activities Related to Accomplishment of 5 C the Development Agreement." The purpose of the memo was to give the com- mittee a structure for discussing its responsibilities over the next phase of the redevelopment. Don Ensign outlined the major categories of responsi- bilities in accordance with the Agreement to Negotiate that is being de- veloped between Brady Enterprises and the City of Englewood. The major categories that were discussed include the following: 1) Architectural Concept: Ensign indicated that Brad y has had considerable work done on this already and it will be presented to the committee to decide if it is adequate to meet the intent of the Agreement to Nego- tiat • Clearly this is a responsibility of Brady Enterprises. 2) Merchandising Program: Jim Mosier i ndicated that Brady Enterprises will be contracting with Real Estate Research Corp (Chicago} to pro- vide the market analysis and m rchandising mix for Phase I. This will not be done immediately, but will have to be underway when financing is e xplored. Therefore , it will be accomplished before Development Agreement is signed. Discussion nsu d about the diff r n c b tw n rchandis -mix studies and mark ting-sal s efforts. Th latt r will be done in- hou e by Brady Ent rprises s taff for Phas I, nd it can b a joint ffort with EDDA. EDDA's efforts now should focu on the 1111& problem of Englewood as a whole, and sp cifically downtown Engl wood as well as on how publi c sp ce will b progr 111111 din relationship to th priv t d v lopm nt. 3) R dev lopment Proj This is a public r sponaibility, primarily through th Urb n Ren w l Authority . usan Pow ra expr ssed a cone rn that the committee be in to ddr a financing of parking. Jim Hosi r stat d th t H nry Ber n ia workin on th private financin progr mg n rally and that h would find out th atatua of hia work. Th committ will ach dul a tin& with d Stev B 11 1hortly to diacu I th parking i11u . • I • • • • • • • -2- There was d iscus sion about the role of the Management Committee in the negotiation process. It was determined that the Management Com- mittee will provide information to the respective negotiating teams and clarify items that may simplify the negotiating process. 4) Design Guidelines: Responsibility of the Management Committee is to oversee the preparation of the Request for Proposals for Design Guide- lines. EDDA will actually contract for the preparation of design guidelines. Mosier expressed concern about the participants on Ensign's suggested design review committee. He was not comfortable with a representative from the Merchants Association and a professional de- signer. There was extensive discussion on this issue. S) Clustering of Projects: This category was added in order to give the Management Committee the responsibility for communicating the public and private plans for timing of project implementation and the various other issues involved with clustering of projects, such as relocat ion implications. Mike Haviland arrived at 3:00 P.M. 6) Downtown Zone District: This is bei ng worked on by the Planning Division staff and a draft will be s ubmitted to the Management Committee for re- view shortly. Discussion then focused on the proposed Request for Proposals that Don Ensign had prepared for the committee to review. The Reque st for Proposals outline was prepared by Design Workshop after the last Management Committee meeting, and can be used as a basis for the Request for Proposals that EDDA sends out if the committee agrees. Mike Haviland stated that his Board is not soliciting proposals for des ign guidelines and that he thought the guidelines were already done by Design Workshop, Inc. as part of the Downtown Plan. Don explained that the report inc luded very general guide- lines and that specific standards are needed to control the de sign of the overall project. These are not engineering drawings or specific architectural drawings for a building, but are specific standards that will apply to all development and redevelopment. Comments on Don 's Request for Proposal will be submitted to Mike Haviland before Wednesday night wh n he will discuss this with his Board and find out how much they want to participate and contribute to this effort. Mike Haviland brought up th id following factors: of hiring a consultant to access the l) To look at whether Alt rnativ III design for Little Dry Creek will bring in p ople. 2) What t nant mix should b along the Cr ek. 3) What public tO SUCC d. rch ndiaing program will be needed for the developm nt Mr. Haviland expr sad his cone rn that the detailed design work for Littl Ory Cr k was occurrin now in the abs nee of this infor11U1tion. It wa1 th und r1tanding of other committ em mb rs that detail d design work of th meniti a in th downtown portion of Little Ory Cr k improve nt1 wa 1 not occurring now d that more tt ntion was bein ap nt on th hydraulic • I • • - • • • • -3- design issues downtown and upstream design. It was agreed that this question would be raised at the Little Dry Creek meeting next Thursday. Another Management Co111111ittee meeting will be held on Thursday, July 8, at 3:30 P.H. Meeting adjourned at 3:30 P.M. Submitted by: Susan Powers Director of Commun i ty Development I • • • • • DOWNTOWN MANAGEMENT COMMITTEE MINUTES ATTENDANCE: Andy Mccown Mike Haviland Dick Hinson Bill Jacobson July 8, 1982 3:30 P. M. Englewood City Hall Susan Powers Don Ensign Alicia Avila-Lucero s The meeting opened with Susan Powers requesting an update from Mike Haviland on his Board's action regarding the solicitation of proposal s for downtown design guidelines. Mr. Haviland reported that h i s Board felt that the design guidelines issue should be discussed in greater detail by the Management Coamdttee before they acted on it. He related a conversation between himself and Don Ensign of Design Wo rkshop, Inc., whi c h resulted in the conclusion that a more detailed merchandising and design concept were needed upon which the design guidelines could be based. He stated that for purposes of the Agreement to Negotiate, final design guidelines might be premature. Ensign and Haviland agreed that a process for design approval should be established. Proposals for design guidelines should not be requested at the present time. Don Ensign interjected that the zoning ordinance would deal with the quantitative aspect of development, while the design guidelines would be the qualitative guide. He felt that there was a pro end con side to de- veloping the guidelines at the present time: Pro If the guideli nes were developed now and a c tual develop- ment begins in s ix month s , these guide lines would be available for immediate u Con --If development c ommen cement is delay d b y Brady bac king o ut or for s ome other r eason, the work wi l l have t o be s helved for qu i t e a wh il • \ Su an Pow rs a nd BillJacobson, of Brady Enterpris s, question d whether Broadw ay was not a different animal from the rest of this pr oj ct. Should w wait until a D v lopment Agr nt is sign d to improv this ar a ? Ms. Pew rs added that the draft of the r qu st for proposals ks that respond s separate th Broadway ar a guid lin s from th re of th project ar a. Guid lin s for Broadway could b us d to impl m nt activiti s now. Andy HcCown sk d Hik H v ilan d ff bis Board did not want to a now. Hr. Haviland repli d that they did. so action Jim Hosi r , of Br dy n t rprises , rriv d at 3:47 P.H. Don Enai felt that w ar h v1n th , or concept, go v ming t h d l giti .. cy in the cone rn for t h 1a no c ntral that th r 1a a ll off r d Cq I • • • - -2- several alternatives for the development of the theme: 1) Hire a consultant; 2) Lock the Management Committee in a room and brainstorm a theme. Mr. Ensign felt that Brady would not put up the money now to develop the merchandising concept (theme) and that we (Management Committee) ought to take it upon ourselves. We would develop a theme in the same manner a consultant would. He acknowledged that we're having problems providing design guidance to people such as the Little Dry Creek engineers without a central concept for the overall development. Jim Mosier agreed that we're at the point now where we can and should develop a theme. Andy Mccown voiced two concerns: 1) That the EDDA Board wanted to see some indication of action now, and 2) That Cinderella City and Broadway already have themes of sorts, appealing to the middle-class shopper. He did not want the Committee to get tied down developing a new theme. Mr. Ensign felt the two concerns of Mr. HcCown could be addressed by creating a schematic design for public improvements, which would evidence progress in redevelopment, and also create the market identity (theme) for private development as a basis for guidelines. Ms. Powers asked Hr. Haviland how he would proceed on the project. Hr. Haviland reiterated that since no central marketing concept (theme) had been developed, it was premature to go to his Board and suggest that th ey request proposals for Broadway guidelines formulation. Ms. Powers said that on the basis of this conversation, it didn't appear that there would be any public improvem nts on Broadway until next year. Hr. Haviland replied that he and Hr. Ensign had identified a couple of small projects that could be done fairly quickly. Hr. Haviland ass rted again that a marketing image (them) and architectural concept should be created first. Establishment of guidelines for buildings and formulation of a tenant mix would then occur. This approach would be better than adapting the uses and imag to pr viou ly onstruct d buildings. h w th EDDA Board nt Committ r c bing done on Bro dway for six months. Andy HcCown l was disturbed because h flt th t this Committ wa up ction on Broadway. Hr. HcCown said th t Hr. N al want d to r sult oon. Don Ensign t t d th t C un cil d finit ly want d m thing in place by n xt summ r. Hr. Havil nd s id th t w could do n n-critical proj ct in the near futur , something t st ful that w uld blend in, b don a c ntral them. th d V lop- that this I • • • • • -3- thought that the EDDA could solicit proposals and have the guidelines and marketing theme developed, Mr. Haviland should proceed with the project. Don Ensign stated that he had developed a preliminary timetable (see at- tached schedule) for accomplishing various tasks in the redevelopment work program. According to this schedule, a preliminary mar ting plan should be completed by the end of August. Mr. Ensign felt that no one (Brady or other entity) was willing to pay for a consultant to prepar a marketing plan in the absence of a Developer Agreement so we (Mana ement Comaittee) should do it ours lves. He added that we needed a starting point. Andy Mccown asked Don Ensign if we would be ready to do omethin on Broadway by December if we went by his schedule. Mr. Ensign said yes. Andy Mccown then suggested that we proceed according to th schedule in the following manner: 1) Outline a session to develop the project's theme. 2) Solicit requests for proposals to develop guidelines based on theme. Bill Jacobson added that it has apparently been overlooked that Brady has to be aware of the basis for merchandising or he wouldn't be a successful developer. Mr. Hinson suggested that a problem is apparent in that Mike Haviland does not feel that the Management Committee has the professional capacity to develop a marketing theme. He feels that an in-house product in this area would be less than satisfactory from his point of view. Mr. Haviland feels that a certain level of professional marketing expertise should be introduced into the development of a marketing theme. Mr. Hinson asked the Comaittee if there was any objection to the EDDA Board hiring a consultant to prepare a marketing concept. Don Ensign ob- jected on the basis that money spent now for "soft" costs such as this could be used later for "hard" costs such as construction. Although the majority of the Committee felt that the development of the marketing concept could be in-house, it was greed that if Mr. Haviland's EDDA Board was willing to retain a consultant to pr pare the concept, he should proc d. 11\e Committ e agr d that th following should occur: 1) Mr. Haviland would cost out a budg t for a 111&rk ting consultant. 2) He would pr par a requ st for proposal for th preparation of dev lop- ment guid lines based on Don Ensign's m mo on RFP, Susan Pow rs coanents, and nything he would like to add. Th final draft of th RFP would th n be r vi w d by th Mang m nt Committ e. 3) d would inform his Board th t th aaajority vot of th Co111111itt wa to have an in-houa retreat to define a th Th majority flt th t no 111&rketing consultant was n • I • • • • - -4- 4) Mr, Haviland would also inform the EDDA Board regarding his recommenda- tion to hire a marketing consultant and the Request for Proposals for the guidelines. 5) A merchandising theme (concept) would be defined by a consultant if approved by the EDDA Board. If the Board does not wish to hire a consultant, the marketing concept would be developed in-house. 6) Request for Proposals for development guidelines would be advertised and a firm to prepare these guidelines would be selected, 7) Guidelines would then be prepared based on the previously developed marketing concept. Mr, Haviland said that he would make a presentation to the EDDA Board at their monthly meeting on July 14, 198 2 , to determine their attitude toward the consultant and Request for Proposals. After a resolution of the status of design guideline proposals, the Com- mittee's discussion centered on an up-da te o f the overall schedule for the redevelopment project. Due to the Planning and Zoning Commission's action in tabling the vote on the compliance of the Urban Renewal Plan to the Englewood Comprehensive Plan, the date for City Council adoption of the Plan would have to be delayed from August 9th to late August. A special meeting could be held on August 30th if necessary. Susan Power s emphasized that a whole year of tax increments for the redevelopment area would be lost if the tax increment district is not in place by September 15, 1982. Since Paul Benedetti suggested that th Agre ment t o Negotiate with Brady Enterprises should not be signed until afte r the Urban Renewal Plan i s adopted by Council, Ms. Powers sugges t ed tha t this Agreement c ould be s igned the night the Plan is adopted. Al eo , sine t h t i met abl e is b ing pu h d back, it might be appropriate to al o sign t he Tr i-Pa rty Agr e ent the SUie night, Jim Mo s i e r i n fo rmed t he Comm i ttee tha t Henry Burgwyn (financial a dvisor t o Brady ) wo u ld b a t the n e x t Ma nag m nt Co itt e tin to d i1cu 1 th c lus t e r ing of financing th various projects, .Jia Mosi r and Mik Haviland agreed to discuu th 1hop1 within the proj ct ar to d t riain wheth r po 11bilit1 • will work. Mr. Havil nd al o want d wh th r th current d sign pl n will b functional of vi w , ov rlay for sp cific or not th layout to rk on deteratnin froa an activiti I point • Po r s r port don the k y points that Paul B n de t ti 114d in hie preeentat i on b for City Co un cil , th EDDA Board, and th Urban n wal Authori t y : 1 ) To a void po t ntial antitrust 1uit1 , th City should dverti1 for oth r dev lop r s on t h proj ct. 2) A Tri-pa r ty Aar nt 11 impo r tan nd r aponeib!lity in th cour o 1n d finin th r d V l'lta l rol • effo t, I • • . I - • • • • -5- 3) An Agreement to Negotiate should not be s i gned until the Urban Renewal Plan is adopted. 4) The City should not be a signatory to a Developer Agreement. This role should be fulfilled by the Urban Renewal Authority. Another Management Committee meeting will be held on Thursday, July 15th, at 3:30 P.M. Submitted by: Wm. Richard Hinson Economic Development Planner • I • • • • • SCHEDULE July 1. Review Existing Material * Nov. 2. Designate Work Program * 3. Technical Preparation -J:>relim. * 4. ReviLaw/lntegrate 3 --· s. Present to Council/Others -* 6. Adjust/besignate Work Program -· 7. Technical Preparation -Pinal a. Review/lntegrate 7 ------· 9. Present to Council/Others * 10. Adjust and Document ---* 11. Finalize Oewlopnent Agreement; ---·---· -------· J I • • • • • DOWNTOWN MANAGEMENT COMMITTEE July 15, 1982 ATTENDANCE: Bill Jacobson Don Ensign Susan Powers J im Mosier 3:30 P. M. Dick Hinson Mike Haviland Henry Burgwyn Alicia Avila-Lucero 5 C The meeting commenced with a report by Susan Powers on the status of meetings held during the week by Council, EDDA, and the Urban Renewal Authority . These meetings were occasioned by the EDDA objections to the Urban Renewal Plan which were voiced at the Planning and Zoning Commission hearing on July 7, 1982. It was reported that progress had been made in resolving problems with the Plan. Mike Haviland then related that the EDDA Board had tabled any action on hiring a consultant to develop a marketing concept for the Redevelopment Project or for requesting proposals for design guidelines. Mr. Haviland stated that Fred Kaufman had expressed a concern that we (EDDA) should not proceed in the above areas without adoption of the Urban Renewal Plan. Mr. Haviland stated that he would pursue attempts to accomplish something for Broadway. After a general di scu ssion , it wa s decided that the Committee should pro- ceed on developing the marketing concept and design guidelines in-house. An all-day workshop was scheduled for July 29, 1982, in the Library Con- ference Room . Mr. Haviland objected to the date, because he would b on vacation for three weeks; the con sensus of the Committee wa s that w should not wait three weeks to initiate action in this area. The July 29, 1982 meeting would offer everyon the opportunity to thro out i deas for discussion. Invitations would be extended to Fred Kaufman, Andy Mccown, Bud Brady, and Gary Diede to attend the meeting and offer input. No decisions would be made at this meeting. Additional meetings were scheduled for August 5, 1982, (from 1:00 P.M. to 5:00 P.M.) and August 12, 1982 (all d y) to finalize decisions on the idea developed by the group. After discussion nd don the above activities, H nry Burgwyn, a financial advisor to Bud Brady, mad a presentation on the efforts that ar curr ntly underway to formulat a financing plan for Phase I of th Rd velopment Project. H stated that th offic tow ra would quite probably b financed by insuranc company p nsion funds. The retail/reaid ntial/parkin d v lop- nt would more than likely be funded by rev nue bonds such as housin mortgag bonds. The exact squ re footag of financabl develop nt would have to be match data later date with a sthetic and other considerations. Mr. Burgwyn related that a major prob! m area is th financin of parkin spaces. Ky is ues in this ar a are: 1) Th possibility of building parking lots on an incr tal ba is; 2) The number of spac s which will realistically b r quir d; and 3) Location, wh ther th lots would b centrally located or disp rs d throu hout th project area. • I • • - • • • • • -2- The next Management Committee meeting will.be the previously mentioned all-day brainstorming session on July 29, 1982. The meeting adjourned at approximately 5:30 P.M. Submitted by: U._W L Wm. Richard Hinson Economic Development Planner • I • • - • MEMORANDUM TO: Andy Mccown, City Manager FROM: Sharon Winkle, Director of DATE: July 21, 1982 • • • /( \ Libraries~}..) SUBJECT: Report of Attendance at the 1982 American Library Association (ALA) Annual Conference I attended the ALA Annual Conferencen Philadelphia from July 10 through July 13. One of the major features of the conference is its exhibits of library services, materials, and equipment --considered to be the most comprehensive in the world. I concentrated on meeting and talking with representatives of vendors specialiiing in data conversion, automated integrated library systems, and security systems for library collections. The first two areas directly relate to current activities concerned with identification and acquisition of an auto- mated system for the Library Department. It was a good opportunity to see de- monstrations of systems offered by vendors who in all liklihood will submit pro- posals for such systems to us. I did not attend meetings specifically about auto111ated systems . This responsibility was assigned to Ann Trowbridge, Admini strative Assistant /Library, who is project administrator for the Department's acquisition of an autollllted system. The meetings I attended co ncerned other areas of i nterest to the Department at this time : Intellectual Freedom Committ ee --Debate between Cal Thomas, Vice-President Moral Majority Inc . and Nat Hentoff, well-known author and advocate of free speach & freedom of access to information. Collecting and Using Circulation Oat for Management Deci s ons --Three presentations by library profession l s regarding both manual (using computer-assisted analysis) and automated data collection . Enlph sis of this session was on the use of data for• nage111ent decision-making purposes . Video Progranning for Cable Channels --Inform tion regarding use of cable channels by libraries for public service and public infor11&tion purposes. Architecture for Public Libr ries --Pr sentation of buildina projects re- presentative of conversions of structur s designed for other uses to public library building . con nued .... • I • • - • Memo to Andy Mccown July 21, 1982 Page 2 • • • The above four topics relate directly to continuing activities of the Library Department and as such were quite informative and useful. As usual, one of the most important aspects of the conference was the opportunity to meet with other professionals engaged in the provision of library services. 7-21-82 d • I • • • • - C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM (o a I SUBJECT • Proposed Amendment to the Comprehensive Jul 28 1982 INITIATED BY City Planning and zoning Cogpnission ACTION PROPOSED~_.R~e~c~e~i~v~e'-"t~h~e'"""'r~e~c~owgpn ..... en...,.da .... t.10~n.._o~f-t~h~e ...... P~Jwa~n~n~1wo~g....,c~oaPPP-.1~s~sui~ouoL...Cauo~d._~ set the matter for Public Hearing, INTRODUCTION AND BACKGROUND: The City Council adopted the new Sign Code, §2 2.7 of the Comprehensive Zoning Ordinance, on July 6, 1982, and i t will become effective for all practical purposes on August 9, 1982. The pres ent sign code has no provision for amortization of signs which do not comply with the Sign Code requirements; so no effort has been made to require the owners of such signs to remove them or to bring them in to compliance. Absent the amortization provision, no one has had occasion to apply to the Board of Adjustment and Appeals for a variance to permit a nonconforming, prohibited, or abandoned s ign to continue to be displayed. The new Sign Code does provide for the amortization of all nonconforming s igns and also requires that all prohibited, abandon d or hazardous signs be removed within specified period of time, or to b brought in to conformance. The owner of a non- conforming, prohibited, or abandoned sign may appeal to the Board of Ad j u s tment and Appeals if thy fe 1 the order to discontinue the use of the sign or to bring it in to compliance is unreasonable. The standard by which th Board w ights requests for variances to zoning requirements is set forth in 122.2-6 c of th Compr hen iv Zoning Ordinance. This criteria is not applicable to the consideration of requ sts for vari nces to the Sign Cod , and it is necessary that n w standards bed v lop d. The Board of Adjustment and App ala nd d that the Planning Commission take the necessary step• to amend th Compr h n aiv Zoning Ordinance to includ the criteria .for a variance to th provisions of the n w Sign Code. To this end, the Co mmi sion held a Public Haring on July 20, 1982, to con ider th following addition to Section 22.2-6c of the Compr h nsiv Zo ning Ordinanc : 122,2-6 c (2) In conaid ring a r qu at for a variance to th Sign Code , 122.7 of the Compr h naive Zoning Ordinance, the Board of Adjustment and Appeal s ahall det rmin that: l, ap cial circumat cea or condition• uch a1 th of buildin a, topography, v getation, aign 1tructura1 matter• on adjacent lots or within the adjacent public • I • • - • RECOMMENDATION: • • • right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special cir- cumstances or conditions must be peculiar to the part icular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all bus inesses or enterprises. 2. The variance, if authorized will weaken neither the general purpose of this Ordinance nor the regulations prescribed for the District in which the sign is located. 3. The variance, if authorized, will not alter the essential character of the District in which the sign is located, 4. The variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. Following the Public Hearing on July 20, 1982, the Planning Coaaission members voted to refer the proposed amendment to the City Council with a favorable recommendation. Should the City Council accept this recoaaendation, it would be necessary for the Council to consider the matter at Public Hearing. SUGGESTED ACTl<Jf: IC)VED IY __________ _ SECOND. ____________ _ YEI ____ ...JNO ___ ___,ABSENT _________________ _ • I • • - • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL FEGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: July 20, 1982 SU BJECT: Amendment of Comprehensive Zoning Ordinance RECOMMENDATION: Becker moved: Barbre seconded: §22.2-6c(2) The Planning Commission recommend to City Council that the following aaendllll!nt to the Comprehensive Zoning Ordinance be approved: In considering a request for a variance to the Slgn Code, §22.7 of the Comprehensive Zoning Ordinance, the Board of Adjustment and Appeals shall determine that: 1. There are special circWDStances or conditions such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circWDStances or conditions 11Ust be peculiar to the particular buainess or enterprise to which the applicant desires to draw attention, and do not apply generally to all businessea or enterprises. 2. The variance, if authorized will weaken neither th general purpose of thia Ordinance nor the regulations preacribed for the Diatrict in which the aign ia lo- cated. 3. The variance, if authorized, will not alter the esaential character of the District in which the aign is located. 4. The variance, if authorized, will not aub 1 tantially or peraanently injure the appropriate uae of adjacent con- forming property. AYES: NAYS: Becker, Car1on, HcBrayer, S nti, Tanauaa, Allen, Barbre one ABSENT: Gilchriat, Stoel The aotion carried. By Order ot the City Plannilla and Zonina Co•ulion. • I • • (I STAFF REPORT Page -1- STAFF REPORT RE: • • - ORDINANCE AMENDMENT Case If 9-82 An amendment to the Comprehensive Zoning Ordinance. DATE TO BE CONSIDERED: J uly 20 , 1982 ACTION TO BE TAKEN: Fo llowing the Public Hearing on this matter, the members of the City Planning and Zoning Commission may vote to: 1) Refer the proposed amendment to the City Council with a favorable recommendatio n; 2) Not to recommend the proposed amendment; or 3) Suggest changes to be made if the text needs to be revised in some way. BACKGROUND: The City Council adopted the r evised Sign Code , §22.7 of the Compre- hensive Zoning Ordinance , by Ordinance No. 29 , Series of 1982 , on Ju l y 6 , 1982, and it will become effectiv for practical purposes on August 9, 1982. The pr s nt Sign Code has no amortization provision and "grandfathered" in all signs which were in e xistenc at the time it was adopted. For this reason, many igns are in existenc throughout the City which will not be p rmitted under the new Ordinen c , and s t ps wi ll b taken to notify th owner o r 1 s of all nonconforming, prohibited, hazardous and abandon d signs that th signs must be remov d or brought into compliance within a specifi d tim p rlod. If the own r of th nonconforming , prohibited, b ndon d or hazardou s sign wishes to appeal the notice , an appeal is first mad to the Director of Co unity Dev lopm nt. If the owner or 1 s of th nonconforming, prohibit d, or abandon d sign is nots tisfi d with th d ci11on of th Dir ctor, n appe 1 b made to the Bo rd of Ad- nd App ala. In th s of th d cision of not b furth r. na. by th Board of Adju tment nd for vari nc s to provisions of th Compr - Ordin nc at 122.2-c, r qu at for a V rianc tooth r pplicabl to aon, n w crit ria r qu ata for n conaid rd by th Board of Adjust nt nd Z nin Co iaaion, and ord rd I • • - • STAFF REPORT Page -2- CONSIDERATION: • • • ORDINANCE AMENDMENT Case II 9-82 It is reconnnended that §22.2-6 c of the Comprehensive Zoning Ordinance be amended by adding a new §22.2-6 c (2) which shall state: §22.2-6 c (2) In considering a request for a variance to the Sign Code, §22.7 of the Comprehensive Zoning Ordinance, the Board of Adjustment and Appeals shall determine that: 1. There are special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises. 2. The variance, if authorized, will neither weaken the general purpose of this Ordinance nor the regulations prescribed for the District in which the sign is located. 3. The variance, if authorized, will not alter the essential character of the District in which the sign is located. 4. The variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent con- forming property. RECOMMENDATION OF THE PLANNING DIVISION: Th Planning Division staff recommends that the Planning Co mmi ssion refer th proposed amendment to th Compre hens iv Zoning ordinance to the City Council with a favorabl recommendation. • I . • • • - C O U N C I L C O M M U N I C A T I O N DATE Julv 28. 1982 AGENDA ITEM h l":.2 ;I SUBJECT Amendment of Comprehensive ZoninR Ordinance INITIATED BY City Planning and Zoning Comnission ACT I ON PROPOSED That the Comprehensive Zoning Ordinance be amended by adding Section 22.1-8. INTRODUCTION AND BACKGROUND: The Englewood City Council requested the Planning and Zoning Commission to consider an amendment to the Comprehensive Zoning Ordinance regarding the application of zoning regulations to City-owned or operated public utilities. The Planning and Zoning Coamission considered the following amendment at a Public Hearing on July 20, 1982: 122.1-8 Applicability of Regulations. The regulations, requirements, limitations and proviaions of the Ordinance shall not apply to public utilities pres- ently owned or operated by the City of Englewood and public utilities to be owned or operated by the City of Englewood. However, this does not relieve from the duty to obtain build- ing permits those contractors who build or assiat in building any City-owned or operated utility. The Planning and Zoning Coamission considered them terial attach d, •• well aa testimony at the Haring. RECOMMENDATION: Th Planning and Zoning Commission recOllllll nd d to th Englewood City Council that th Compr h naiv Zoning Ordinance by am nd d by adding Section 22.1-8. I . • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: July 20, 1982 SUBJECT: Aaendaent of Coapreheneive Zoning Ordinance RECOMMENDATION: Becker moved: Tanguma seconded: The Planning Colllliaaion reco ... nd to City Council that the following aaendaent to the Coaprehenaive Zoning Ordi.nance be approved. §22.1-8 Applicability of Ragulatione. The regulatioae, requireaenta, liaitatione and provisions of the Ordinance •hall not apply to public utilities pres- ently owned or operated by the City of Enalewood and public utilitiee to be CNDed or operated by the City of Englewood. However, thi• doea not rrlieve froa the duty to obtain build- ing peraita tho•• contractor• who build or aaaiat in building any City-owned or operated utility." AYES: Senti, Tanguaa, Allen, Barbre, Becker, Carson NAYS: HcBrayer ABSENT: Stoel, Cilchriat The motion carried. By Order of the City Plannina and Zonina Colllliaaion. ~&,,h/4- Recording Secretary I • • • • • • STAFF REPORT Page -1-ORDINANCE AMENDMENT Case 11 11-82 STAFF REPORT RE: An amendment to the Comprehensive Zoning Ordinance relative t o City-owned or operated public utilities. DATE TO BE CONSIDERED: July 20 , 1982 ACTION TO BE TAKEN: If, following the Public Hearing, the majority of the member s o f the Commission find that the proposed amendment to the Comprehen s ive Zoning Ordinance is necessary, a motion would be approved referring the matt e r to the City Council for i ts action. BACKGROUND : The City of Englewood is one of three full-service c iti e s in th Denver Metropolitan area and the primary goal of the 19 79 Co mpr e he n- sive Plan* is to continue t o maintai n Englewood as a full-serv ice community. As a f ull-service c ity, th e government has assumed the r es pon s ib i l ity to p r ov i d the nec e s sary municipal s ervice s to the properties within t he City. Th pr ov ision of these servi c e s is e ssential in order t o maintain t he h alth, saf t y , we lfare , and c onvenience of th c ommunity. Englewood is extremely fortunat t hat f ar-sighte d me mb e r s of f orme r City Coun cil s provided for City-own d and o p e rat d wat e r and sewe r se rvice, and it is ess nt ial that th s services be maintained . At this t i me, these are t he only city-own d utilities; but in the fu t ure , t he City may fi nd it desirable and necess ry to provide others. Th Compr h nsive Zoning Ordinance is unclear as to tion of that Ordinance to th construction of any City-own d public utility and th City Attorn y's office has advis d th th t this isau should b clarifi d. th applica- nd op rat d Commi1Sion 0th r citi s hav xp rienc d th sam situation nd addr sad mptin th construction of n c ssary public utilities with th zonin re ulations. In th ca, of 1p cial dis- law ex mpts th construction of n c 11sry public utiliti 1 with zoning r quir nts. *Ad p d by City ouncil 1oluti n o. 49, ri I O l 7 • • I • • - STAFF REPORT Page -2- RELATIONSHIP TO THE COMPREHENSIVE PLAN: • • • ORDINANCE AMENDMENT Case 1111-82 The proposed amendment would provi de the tool to implement the 1979 Co mpr ehen siv e Plan, which Plan s et s forth as the primary Goal t o "maintain Englewood as a f u ll service c o~nity". The provis ion of necessary public ut ilities to the properties within the City is paramount to the e xecution of that Goal. AMENDMENT BEING CO NSIDERED: The p r o posed ame ndment to the Comprehensive Zoning Ordinance would add a new section , 122.1-8, entitled APPLICABILITY OF REGULATION S . The proposed ad dition would state: "The regulations, requirements, limitations and provisions of the Ordinance shall not apply to public utilities pres- ently owned or operated by the City of Englewood and public utilities to be owned or operated by the City of Englewood. However, this does not relieve from the duty to obtain build- ing permits those contractors who build or assist in bu i ldi ng any City-owned or operated utility." COMMENTS FROM OTHER DEPARTMENTS. The Director of Utilities, the Fire Chief, and the City Attorney have requested the proposed amendlllent be approved in order to c larify th procedure that must be followed in carrying out their as s igned res pon s i bi l itie to provide service to the properties within the City. RECOMMENDA TI ON OF THE PLANNIN G DIV I SIO N STAFF: The staff recon11end t h a t th proposed nd nt b r ferred to the City Council for its consideration and favorable action. • I • • - • MEMO • • • OU!MTIIENT o, COMMUNID ~ Da.lWOOD.COUJMOn JUN Z 11982 TO: Susan Powers, Director of Conununity Development DATE: June 21, 1982 RE: Council Bill No. 20 I am providing the attached memo to you for transmittal to the Planning Commission. I trust that if you have any questions you will please advise this office as soon as possible. bb Attachment ~~ Rick DeWitt, City Attorney I • • • • • • MEMO TO: Planning Conunission DATE: June 21, 1982 RE: Council Bill No . 20 Hr. Brad Breslau, Esq. has recommended a strong grandfather clause in the ordinance that was presented to the Planning Commission for your review. His suggestion is as follows: "The regulations, requirements, limitations and provisions of the Ordinance shall not apply to public utilities presently owned or operated by the City of Englewood and public utilities to be owned or operated by the City of Englewood. However, this does not relieve from the duty to obtain building permits those contractors who build o r assist in building any City-owned or operated utility." I have no objection to this provision and it may be helpful i n clar ify i ng the application of the ordinance itself. bb • I • • • TO: Edwin E. Mc:Brayer, Jr., Chairman and Ment>ers of Planning Conmission Do\TE: June 9, 1982 RE: Council Bill No. 20 • • • You have received a request from City Council to review an ordinance that basically exeq>ts utility operations of the City of Englewood from zoning regulations of the City. As you are aware, the City has been having difficulty in bringing into operation a water ~r constructed in Southeast Englewood. A former District Court Judge found that the City is bound by its zoning ordinance. We believe this is contrary to law and have perfected an appeal before the Court of Appeals atteq>ting to have the Judge's decision set aside. As a backup, we are proceeding to amend the ordinance ao that it is clear the water ~r is not covered by the ordinance. I have enclosed the following infonnation for your assistance: (1) Affidavits filed in the Court of Appeals showing a basic need for a speedy decision and the results of not having sufficient water pressure. (2) A mmx> of Assistant City Attorney concerning the zoning issues. (3) A recent case from the Court of Appeals that supports our proposition that ftl.Wlicipalities are not covered by zoning ordinances. At the Study Session, I anticipate having Stu Fonda, Pire Chief BrOlllan, Special Counsel Zoellner, and insurance attorney Breslau as well as f1ff lf. I look forward to meeting with you at that ti•. bb l!!ncloaures • I • • • - INl'aGffllCI FW1C11fNDUM TOI Rick DeWitt, City Attorney DA11a February 5, 19 82 MOM. Loretta 8. Huffine, Aaaiatant City Attorney ...,, Change • in Zoning Ordinance During Pendency of Appeal; Effect on Appellate Deciaion The queation is whether the decision of an appellate court on a zoning iaaue would be affected if the zoning ordinance were changed before the appellate decision is rendered. The answer is yes in moat caaea. The reaaon ia mootne aa. If a change in a zoning ordinance leaves nothing for a court to decide, then the iaaue is moot. As a simple example, if a person ia denied the right to build an apartment build- ing in a certain area, and he appeals, and the City then changes its zoining ordinance such that apartments are now allowed in that same area, the appeal will be diamiaaed as moot. There would be nothing for the Court to decide, aince the appellate court looks at the zoning ordinance as of the time of decision, not aa of the time of initiation of the appeal. Theae baaic principle• have been applied in Colorado as well as moat other atatea . Cliff v. Bilett, 241 P2d 43 7 (Colo. 1952) involved an appeal by cltlaena regarding a variance granted by the Board of Adjustment permitting a parking lot in a reaidential area. The District Court diamiaaed becauae the petition for review was not filed in a timely manner. While the caae waa pending in the Supreme Court, the City changed ita zoning ordinance ao that a parking lot waa permitted in any u ae diatrict, and deleting the requirement for approval of 80\ of the property ownera in the affected district. The applicants for the lot then reapplied for the identical permit requested in th ir original application and the varianc waa approved. Th Supre .. Court aaid the iaaue waa then moot since, under the amend d ordinance, the Board had full authority to grant the vari nc • Thy alao affirmed on h untimeliness of the petition to the Diatrict Court. nt of Adams Count v. Iwerks, 316 P2d 573 (Colo. , nance n ques on-was revised before th case was filed in th Diatrict Court. The District Court, nev rtheless, aade findings regarding the .. rits of the ca ... The Supr ... Court, h ever, said that the ia aue was moot. Since the iaaue waa wheth r an a99re9ate plant and gravel pit could be aaintained in an agri- culturally aon d district, and since th• .... district was there fter chan ed to an Industrial-1 Zoning District, • ••• a determination by this Court as to th validity of th acts of the ao.rd of Ad juatment in thia caae would • rve no uaeful purpose.• The Court cited th Cliff c aa , supr, nd said t I • Ri ck DeWitt Page 2 • • February 5, 1982 Rlf an ordinance passed while an action is pending on error renders the question before this court moot, it is certain that a new zoining resolution adopted by the Boar4 of County Commissioners even before the action is c0111111enced renders the original action moot.w The Cou rt further pointed out that they could not consider any contentions about the propriety or legality of the rezoning because those were new issues and wholly outside of the issue before the trial court. Justice Frantz dissented because he felt there should be evidence that an application for a permit was made and granted under the amended law. Absent that evidence, the original issue, he felt, was still valid. The Supreme Court reiterated the general rule of mootness in the c ase of Erickson v. Groomer, 336 P2d 296 (Colo. 1959). That case involved construction of apartment buildings under a permit granted i n v ariance of a zoning ordinance. The trial court granted an injunc tion. The builder appealed asking for dismissal since the City had adopted a new zoning ordinance which permitted apartment buildings in the area in which he was constructing them. At first the court denied the builder's motion but when he refiled and stated that the new zoning ordinance had been referred to the voters who voted not to repeal it, the court decided that the issue was thus moot. The court cited the language in Iwerks, quoted above, with approval, and rema nded the case to the trial court with directions to dis s olve the injunction and dismiss the complaint. The court never stated a reason for i nitially denying the builder's motion to have the case remanded for dismissal. Ny review of the law of other states confirms that Colorado clearly follows the majority view. wThe specific question for determination then is whether or not the court should decide this appeal on the basis of the regulations which were repealed or on those wh ich are presently in effect •••• the aajority rule appears to be that the law in effect when a judgment by the court is made is controlling as opposed to that in effect when the proceedings re instituted before the COlllllis s ion or when the co ission ent red its decision upon the application • • I • • Rick DeWitt Page 3 • • - February 5, 1982 •.. In 2 Metzenbaum, Zoning (2d Ed), p. 1202, it is atated: 'It is the general rule that (a) it is the zoning law or ordinance in effect at the time of the decision of a court --upon a zoning matter -- which governs.•• The Connecticut court alao cited with approval a Masaachusetts case and a New Jersey case which stated the same general rule. A Maryland caae, MAyor and Council of Rockville~· Ouatin, 346 A2d 447, (Nd. 1975), alao atated the rule that an appeal in a zoning case ahould be diamiased aa moot where the applicable zoning law haa been auperaeded by a subsequent rezoning act of the zoning authoritiea. Another Nev Jeraey case, MAzaa v. Board of Adjuatment of City of Bridgeton, 219 A2d 615 (N::f:"IJ66), held that where the City granted a zoning variance to authorize conatruction of garden apartments on land zoned againat auch atructures, and where during the pendency of the appeal the City amended the zoning ordinance so that such apartment• became a permitted uae, the iaaue on appeal (review of the grant of the variance) was moot and the appeal ahould be dis- missed. In another MAryland caae, Waahiniton Suburban Sanitary Commisaion v. TJru Aaaociatea, 376 A2d 505 (Md 977), a builder of a commercial building project appealed the denial of a aewer permit. In the interim, the zoning waa changed such that commercial buildings were not permitted. The appeal was diSJ11iased since the isaue of the aewer permit was moot. The Oregon Court of Appeal• diamiaaed an appeal aa moot in C rd v. Flegel, 554 P2d 596 (Or. App. 1976). Th court ruled that~~ after notice of appea l from the grant of a variance, the City rezoned so that the particular use waa permissible, the iaaue of the legality of the variance waa moot. I also consulted CJS for the majority and minority views. In CJS Zoning and Land Planning 1328, it atatea that an appeal from a decision reviewing an order of a zoning body will be dismissed when • I . Rick DeWi tt Page 4 • • - Februa ry 5, 1982 the question becomes moot. An example of a situation where an appeal d i d not become moot is in City of Louisville y. Puritan Apartment Ho ter;-264 S.W.2d 888. The new zoning ordinance merely enlarged the scope of the zoning but did not repeal or change existing restric- tions . Therefore, the iaaue presented was still valid. From that ca se it ia obvious that the rezoning ordinance must completely and clearly resolve the matter ao that there remains no justiciable issue for a court to decide. Thia was further emphasized in Dodds v. Bickle, 85 N.W.2d 284 (S.D. 1957) wherein the court cited ~oT Plankinton y. ~ieffer, 69 S.D. 597, 13 N.W.2d 298: ·Thia court will not dismiss an appeal upon the ground that the questions involved have become 111e>ot unless it appears clearly and convincingly that actual controversy has ceased; it must appear that the only judgment which could be entered would be ineffectual for any purpose and would be an idle act ao far aa concerns rights involved in the action. (case cites omitted).• In Do dds, daaagea had been awarded to the defendant when a temporary injunction was vacated by the Circuit Court and ao that issue re- mained to be determined. Further, it was alleged that the amended z oning ordinance was "spot zoning" and therefore did not effectively change the matter at iaaue. The court also found that since the origina l z oning ordinances were invalid, because they were passed without public notice and hearing, a subsequent rezoning ordinance's validity was in issue since it too was passed without notice and hearing aa required by the state statute. Applying a ll these principle• to the water tower case i n Englewood, the following points apply: 1) Any c hange in our zoning ordinance must cl arly and completely res olve a ll the iaauea on appeal . Thia will be difficult sinc e Judge Bason'• findings of fact and orders w nt beyond the mer i ssue of whethe r the water tower complied with the applicabl zoning ordinance. Judg Eason made findings that the City had not applied for nor been granted a permit, that the zoning ordinance did not exempt the City from the permit requirement, that the City never held a public hearing, that miarepre .. ntationa were made aa to the type of tower, that other methods were available to provide water pressure for non-city residents, that the plaintiffaauffered daaage or the diainution of the value of their real eatate and other lea• tangibl d ... g •, etc. • I • - / Rick DeWitt Page 5 February 5, 1982 • • • 2) Any new aoning ordinance will have to be free of any legal or procedural defects so that the Court of Appeals will not turn the appeal into a review of deficiencies in the rezoning ordinance; l) The City should apply for a permit under any new-zoning ordinance, or else the ordinance should clearly exempt the City from having to do ao; 4) A aotion would have to be filed i.Jlaediately with the court of Appeal• asking for dillllli•••l on the ground of mootneas. 5) We really have nothing to lose by changing the zoning ordinance. The worst that can happen i• that the Court of Appeals will decide the issue i• not moot and go on to determine the merits of the appeal. 6) llegardle•• of the outcome we will still need to face the other claiaa --nuisance and inverse condemnation --brought in the , original lawsuit but never actually determined by the District Court (even though Judge Bason made finding• as to the existence of damage, these claims were not litigated). ~'f.· Buffin• bb • I • • • • - ul. Vf I he Hritf lim.-ktporl.r Paat l61 --------------------------('ourl of Apptal• 1 · dcmant.l ini !.I.ale\ Cklrmlitmn d,'4.'111111:111"' h.1M:,I on mcon!ll i~· le C!' hctwccn lhc tJUYcrnor ·" rc4uc,H unJ th e su rrmn,ng •n11 . We uffirm lhc trwl cuurc '• j ud1,1mcn 1 d11,ch»r111n1,1 1hc 'he incon11i1tcm.:icM cumpli1 in\!'tJ or were ch:urly clcrica.l in and, when read a• a whole. Ille ducumcnl• 1ub•lllnl i»lly 1,111 1,i~c 1klfl'C .• 111d WfH,.'l l' du'41 lU:.lody w +1i-OUl' ol the iMr>Ul'ii. Ill I (lrtH:ccc.111l~. t hat t oun conlmucd IO ht.1VcJunMJu.:t1on nftht,:chikJ otl) ""th: even 1h,rnt!,h 1hc Jli,rtac!rio :rnd the 1..·hi ld hat.I . for ,-omc , h1i.'-=d in OklJhoma . thu~. Jistnct cuun erred in ruhna th.at it d 1uri,.dH .. ·11on m 1hl· m.111c r a nd t he cuuM: nuuil he rc m.andt..-d for , mm.111or, h) 1h1. '-'"Incl cuurl a:i. tu whether ll wild11."lo to l' It JUfl~ICIIOR p. )75 CA OU4. C/t....blb/J..,_ A,_.•· F-r. Mrt ·Mnic-s · 11>1x u11u., Lrttrr-0/sputr ,,J F•t·t-0.,·Mrs /Optiu,wrs- -0/>tiunrr-Hir, Arc ·h/t,t·t-S11111mor.r J""-mr111 - h11 -.·1-Mr,·honi,·s Urn C/11/111 -t:rrur. In• multipany n1n1 • mechanic's lien a,aened by an architect apinst dCHon con the owners u /1 u . t hi.t t lnat smuch as eal property. iCVtral parcie• appealed . •lleaina, i111rr tri11I court"s summary j udamcnt w•• erroneous. mbiauous letter by owner's •Fnt created a disputt whe1her 1he owners/ optionors had authorized tht •n 1rchi1ec1 to prepare plans for• propo5Cd of f•c1 reprd i o ptao nee s 10 h properly ,m pro JUd&m<nl api nst li en based upon aauthonred the hiri en1 . the trial coun erred in 1ran1in1 summary hi1ec1 on the project who aucned • mechanic\ e th eory 1ha1 the ownen / op1 ionon had f t he architect by the optionen. p. 316 No. II CA l1N. Ill AIIIHrltyofM-n Clo,mrJ-TliirJ-pori 1 Lol>ur onJ Mo1rr i•I IUk'l!J-Prr(0<m_., ,n~ Au1ltur11 r Vanou1 _,.,,....,.•H•-..l11e. •H___, Cllty.: l'llhli,· Co111n,·ts -S11hc ·U11tNt ·tun nrflt'/11ry Tl,rory-Cloln, hrmiurJ- -OM-rr•r hrluJ of llund-Di••I· ~..,,, Mrrvi1 n.rury-Frr,n, '*- con1rac1on appealed from the 1rial court's 1ran11n1 of sum ma 1men1 which di1mi1Kd their clain for• public hou1in1 project. Whtre pany btncriciann of• COtltractor\ cri•I bond• furni•hcd punu,1111 to for labor and ma1e rial< prov 1u bcon1rac1on claimed u 1h pe rfo rmance and lah<>r •nd lhe pubhc work, IIOIUIH. they performance bond . but -rt e l•bor and ma1enal bond 1f1 hey h m1t•uon on aruon1 conuuncd in set • 11a -mont h h m11a1,on period: amounu reta ined by the Public Ho not entitled to recover under tht led 10 such recovery under tht their claim within the one-year bond. ncn 1hou1h the 11a1u1e --· no cla im aroae to the na Authority on• theory of q"""'""' "'""'' ,_ )11 ••,• N'o,, ,,.,.,. ·, ( um/•t',u•t1utf- Jt1r1~1t 11u,t-O,t,rm1,w U.,,,hli -Ut H 11 r J ,,. Culur•Ju-" lfu111r lu \'.ft ff\UIC II II I I <1 n,l1t101t A, I I, ,.,.,. ... ,, ,.,,,,.. ....... 11 Jlrt•I ('u111111l .uiutt - t c..k111 -£mpl<J_1w•- 4 Employer and i ll or.-n1 oflltllriill •cc,dent lndu11ruil men 'I ompcn1111io11 le a wlc:111 111 Utah olorado •nd were II the aca«III Ill he aappcllant wilh lht: cum anin1un or u c runc an th.: llalt. p . .111 n . ,..-•· ._,: Un/furnr Crimi,,•/ £.<treJi1lun 'rn,·.1· of Gu,-rrnuri W•rr11n1 . Appell•n1'1 failure to idenct 10 owrcome the presumption 1ha1 Colorado\ nor_, ac:1in1 punuant to her au1hori1 y in 11 1nin1 n1 radcn his challen,e 10 the sufficiency of 1hc mcnt without merit . Trial court's deni•I of or writ of lwhrlu c·orp,u ii, therefore. •ffirmcd. praentan lieuttnaat aovcmor'I - utrad ition d appellant 'I ptlif p, .111 .. .,,,,__.,,D.L.E.: Dr,wnJ,nc-r -1 Nrilrr1-ltr/11••l tu tll'ldr Mrdi<•I Trr111nrrn1 -Rrll11 /u ws Frrwlum. C .R .S. 197l 71 Rtpl. Vol . I}. t 19-1 -114. docs not provide H ablolutt t1ci to a rllldint of dependency and ntalect when a cllild'I life is ia im I daa,tr u a rcaull of a f.,lurc to comply with• propam ol I treatment on reliaio1111round1. A child wllo ii trated solely by ·ritual -.111 is noc , for 1ha1 reason alone , depndcM or r,qlected, if tllcrc is an additional reuo~ wch u wllerf the child is of nieclical care neccNary to prcwnt a lif__.a,tnlll colldif 1hc child may be adj udicated dcpcndcat and •alected lllldcr lht utory acht-. Moreover. •t lcut wheRa 11W10r1uffcnfr-a lifc 1tninamcdic.l cond111on due to • failure to comply with • pr of nieclical uatment on reliaio• ,ounda. f 19-1 -11' pcrmitt • 1 ·111 of dependency Hd ncaloct and d-noc violate the co1111ituti provitions procccdna the free caercias of rcliaion. p. lll Nt,, USA&,,..,.•· T-: Crl,..hwl h uf IN(rrrrJ J11Jincr11t -hHpud1iun u/ Sr111 C . R .S . lt7l C 1971 Repl. Vol . I), t I~ 7-40.)(2}. upon mr-tioa of • deferred juda-alld sent shall•-j lMla-t aad im..-e ••••-· cl-. - to iln,-• --ol i•priaon-at 11po11 mrocatioa j uda-111. A ._....,. FllffllUy rcfcra to 11U11 p11n of whidl dacn-. Ille ,.... • ...,, iMpaaed by tllc coun t dcfclldan1"a coevictioa fur • criminal olTCMC , and Ille pu ftNd -take Ille (-of iapriaonMCllt . P,ollat,011 is a ICIIIC-witll the _ ... ,11, oft 1~7-40l(2} UMI H Ion tlefelldalll ii clipllll for prollation • coun -y 1 r•nt ll1m pr Upotl the --IIH of • deferred Juda-at •ad lltftltllCIC ,. Wa,.. L C'OI.GaADO COllaT Ot' APH.AI •. Ne. IICAll71 • •~ Illa H. Clift. •- A. Mr-.............. -,a .. 'Ille T_. .t S-hft, C ........ a .. ....,.. __ .... ., ~ .......... . ... y ... lMl O,vialoll I Coyw, Van C Htl ul'lll. JJ Ap I fr MI l>o.4rM.1 ('uun, l.onffll.'f ('uuA1r , 11.,. J ll n Millan , J11q1 . Jwl III llli trMCd . J ht .. ,~.c. .... • ) I • ( - • • - ( ourt uf A1•1>f'•I, ------------------------Vol , VI l'I,. lkwf l "i11on k•&M"'" l'a&• .W.'f Op1111011 by J U l>li l: l'UY I l:. l'la1111tlls ap pcal lrom • Jud11,mcnt •lluwm1 the Town of 1:>tc. l'ark to a c~uirc property tor• p11rk1n1 lot •nd •llowi11t1 • pukin1 lot to be u pcr•tcd b y the Town ol E11e1 Park in I location not ,r,cc,r,cally .1ulh on11.:d hy ib own 1onin1 orC:inanca. We affirm Estcs Park purchased a lot near the downtown areato be~ au mun,c,p•I park 1n11 lo1. Some abumna neiahboB,amo"I which-re 1he •ppclla nt5 here. riled an act io n -kin1 injunctive relief and a d cclar•tory Judament that the town could not operate a municipal puking lot 1n the area selected since the ronin1 ordina-did not dUthonlc a park.ini lut in this area. The tn•I court found that the town ·, ... o( the lot Cor mun,cipal parkina would con11i1u1e a 1overnmcntal service and that the town need no , follo w its own ,unina ordinances where it ialk.'tinain 1uch1 vovcrnmcnu,I capeac1ty . Plainuffs first conlend that the trial court erred in findin11ha1 the opcrauon or the parkin11 lot waa a IOVCfflmcntal Cuactiotl and wu thus cxempt from 1onin1 rcatrictions. We diuarec. GovernmentMI Cunctiona are thoac which a municipality eJtCrciacs •• an arm of the state forthc public aood acncrally . C/1.rof l'whh, , .. Wttd. 39 Colo.App.41S . 570 P .2d 15(1977), m •ilunu1.vr1r-.h. 197 Colo. S2. S9 I P .2d 80 ( I 979). Proprietary Cunctionure cJtCrciled for the benefit and enjoyment or the ci1izcn1 or a particular munic,paluy and may also be performed by private corporatiou for profit. City u/ Pwhlu ,. Wttd. ,.,,,, •. The po_, to re1ulatc rond1 and hiahways is considered 10 be a aovernmcntal Cunction. W.,ltrr , •. T111krr. IJI Colo.191,2IOP.2d649(1955).Tllua.thedctcrmiMtion whether this town project i, 1overnmcntal or proprietary n1111t turn on the racu or this part icu lar cue. Herc, the town or EIIH Puk had a very .,. volu-or traffic pau1n1 throuah it in the 1ummer with corrapondina c:oft9tlliotl and park,na problem•. The town thus proposed 1h11 parkina lot to help allcv1a1c some or the conantion downtown. The lot wu to bt Cree •nd t he town would not derive any revenue Crom ill operation. ,nee the lot wa1 dcaianed to caac traff",c conantion and p11rki111 problcmJ, 11 -• to be built incidental to the town's poWff 10 rqultite roads and hiahw•ys. Furthermore, u the lot would brin1 in no revenue to the town and would benefit not only the ciuau or Etan Park but •llo any vi1i1ora to the area by eaain11raff'te-,ntioa.1he evidence 1upport1 the findinaa or the trial court 111a1 _noct_ or the lot wa, • 10,,.rn111ea1al Cunct,on. S1u11 , •. C11r ~ 111_.1wo1rr. 109 .H ~9 . 242 A 2d SI ( 19611): 11tt A.r•ttt: , •• C111 ·uf Htu,-ltllUUlf , 16S Kan ~. 196 P .ld 227 C 1941). S ince co1111ruc1ion or the parki111 lot waa a aovcra-•1111 Cuncu on. the tnal court dtd not""•• detcna1ai1111t1a11llc 1owa -• t hus ucmpt from 10Nn1 rc11nct1on, proh1bi11na such con1truct10n ,n the area. ,lt,NJJ , •. ltt,urpo,•1,J Viii-uf Uo11/ HMlirr, 2 NY 2d 190. 240 E.2d 241. 159 N.Y .ld 245. (1957); hfl«- •llufHII 1Mtt4 ,. C11ru/ 111,.m; halt. 267 So.2d IOOCFa. 0.11 .Ct. App 19721 , I £. M , (}u1//11t , M11,,k tfNII Corpura11o,u t 2S .IS 11 )7 ( rd ,'<I 19761 Pli11n1tlls i.11 contcnd 1tw,11 parktna lot willcoumutc a private nu, nee . and 1hu1 . the trial court erred 11111oc ,_,., a• 1111unct10t1 proh1b1u n1 111 con tr11C1to11 We d, .. lll'CC Whenever a pta,nurr ci.,ma 1i..t dcCendlnto action c ••mutes• pri•atc nu,.ancc, the tria l ourt m1111 tlctrrM1K whether the de end, party ha1 ut11t11110N1bly1ntcrCerrcd w11hthe c lat-nl UK and cnJoymc111 ofh,s propcrt u,,1,.,., w.,rr Curp , •. h-11•. 29 olo App. I . 479 P 2d 391 ( 19701 Herc. the tria l co11n found that 1lthou1h the p11rk1 lot wo..W , ruse the tralTi on road• adJII 11 to the lot. twit •11 ttlCmde wo111d not on1111u1e a 1ubeta111ially 1rea1er 11fccy llaanl 1lol11 aow UIStCd II the 1trttl1 It alao found IMl lllen ... N ,,,,._ , ... , the 10'"" opcra llon of the park1111 lot uld COMIII-a •111111-. """ u rly 111C>r rark,n, loll wen alnady pera111cd 111 tltal a-111 I U 10 b1111dttllll A• t c Ide"" uppom the tnal ourt Ci nd, that ,i.,.,11,trs h~d n t 1'11n w11 th •••t II<:' of a nu, .. no. -J.,,,. ,~ ,. n... 111111'/r Ho-• /1t1 4 'olo .App W . 601 P 2d 6'7 C 1979), we will IIOI d, 1111 1hc fi nd, 11 revww Utt/,1 1• H-.11,., 17) Colo 2Jt. ,n P d o > 11 1111 J t1t a ffir JttJac Vun C.:i..: and JIKIII" Tur11 concur. No ... CAMlt 111a P ...... ol 1111 Slate ol Culorado, Plaladff • .4,....., ,. Ge«.-.,_. Cluivn, .,._..._.4.,.._, May 6. 1912 Division I Smith, Coyle and Pierce. JJ . Appeal from the Dillrict Co11rt or Pueblo Countx. Hon. Jack F . Seavy, Jlld,c. Jlldll"Cnl affirmed . J .D . Macfarlane. AllorncyGencral. Richard F . Hcnncucy. Deputy Atto, .. y Qcncr1I , Mary J . Mullarkey . Special Aui•tant Attorney General . Clement P . En1lc , A11i11a111 A11orncy General. Denver. Colorado. for ,&.in1irr ... ppellcc. J . Qrel"'}' Walta. Colorado State Public DcCcndcr, Jody Sorenoon Theil. Deputy State Public DcCcndcr. Denver. Colorado. for dcCendlnt•ppeta.nt. Opinion by JUDGE SMITH . Dcfcada111 , Gcorac Juan Chavc,. appeal, hi1 conv,cuon . Collowina a trial 10 the co11n. or -..d-clcpec burpry, aitempUd tllcfl. and three COIIDta o( hlllli1111I crilllin.l. We affirm. The record discloln 111111 Collowi111 a cun11n111ncc wllich,. nut 111 iuue. thia c:uc -• set Cor triltl on April 11 , 1971. 0,, April 10. the defendant ao111h1 and obcained a co111in111ncc which the S1111e and the defendant aa,ecd utended 1he 11111u1ory period Cor apeedy INI to October 10. The dcfcnda11t requcated that the _,tcr bt ICI for trial and the co11rt on, J11ly ll, ICI Dcec111bcr 5 u the tnal dale. The court thereaCtcr lleca111e aware 11111 tllia date -bcyotld the October 10 deadline, and on A1111111 21 a hcari•1 -• held for the pur,-c ol RNttina the _,ter. DcfcntlCCOIIAICI adv....t thc court Ml that ti111C 11111 dcfcnda111 . wllo wu cNrlMd i• the Colorado Slate l'ctlitcntiary and -iw-nt, dcliMd to 11111 a apc,,cly trial waiver Co11nt1Cl C11rtllcr adviMd Ille co11r1 tllat he had ocllcr 111a11cra tchcd11led durina acll -" 1hrCH11h October 10. After co11-1 declilled the court\,.._ ,hat he aclcct a date pri0t to October 10 for trial. the court ICI October l u the trial date. Tllll dale wa• aa,ccablc witll the proocc111ion . At a hcarina on A1111111 :za.. the cuurt -• adVlllld by dcCcnac COll-1 lllal Ilea,-o( hi, achedlllc lie -Id DOI bt a .. tlablc 10 try the cue 011 October l . aor aay 11-thereafter u111il tllc wccl< or O..'tubo:r 24. T"" court tlM:11 rCl41 th« -lier for mal on 0..1•, 24, indiai1111 1 ita c-r• abo111 1C111., 1he tnal date two -k• beyond the deadline. TIie co11rt IIIICd. it1 cfrca. tllal lhll Ml dotlc at the ,111111111ce ol dcfcnt1C -Land hN the ,tren. •• the.,,._ or the co11rt . or ca1ctld11111he apec,dy trial dea41iac to October l4. DcCCMC COIIIIICI w .. DO&lo:Offllftltlal Oft 1h11 iatk. 011 October 12 . the dcCc..taat Cild a mo11011 to d1•m111 the 1ulllta11t1vc cha,.n Cor lltck ol a .,._y trial. TIie COllrt dclMCd tho: -'°" duri111 a lleari .. lwld Oct*1' 17. The court alto vaaoted the trial date or Octoller 24 at def•-co11aacl'I fC<jllftt . (.'u11...,1 aMNIIClld tlllt lie wNW ,..itiN Ille Colondo s11,,._ <.'uun rur a Wflt ol ~-.... ~ tllat aay ... ,. ill 11111 rcpnl N10M ()aOW )I_. d111,...W.10 Ille .rnt1aa1 . ~IIClltly, Illas .. ,..... Coun ... .r ...... ,atitiN witllOtll OfNIIIOtl,and he -• IN'oqllt 10 tnal ia May. lt1' I. liP EDY TAIAL o.r .. 111 ara-•llat Ille ... ,. wlltdl 11rred llct-• o..,oa.cr J aMI Oc\ollar k • -a1111--.blc 1u 11,111 pcn4M111lly, a..i 11111111<, ,,..y tnal PfO•-ol f ll-l-40S, C .l .S. I 7)( 19711 Aq,I. Vol II aMI Cri&P. 41 ,.....,.111_1 ol I clllr • We UMlef IM 111a1-. llle ....... 11114 -II 0..-iollff It. lt71l, Iii• --,_.., __ .,...., .. .,.,... .. Ml Aflnl, lollri., • ) I • ( • STATE OF COLORADO COUNTY OF ARAPAHOE 88. • • • AFFIDAVIT I, EUGENE L. OTIS, of lawful age, being duly sworn upon oath, state that I am Mayor of the City of Englewood, Colorado, and that I reside at 4493 South Cherokee Street, Englewood, Colorado. As Mayor of the City of Englewood since January 1~ 1980, numerous issues have been brought to my attention by the citizens of Englewood. One of the issues that has received constant and continuous attention over my tenure as Mayor, and as a Council 1119111ber, has been the need for water pressure in the south end of the City of Englewood. Many persons come to me and ask about wator pressure and when it would be increased. They have ex- preasod a severe lack of water pressure. Residents have related that it is not possible for them to wash clothes, or take a shower, or wash dishes, or water the lawn at any given time --only one use can take place at a time. Further, they are concerned about the ability to fight a fire with such low pressure. In fact, some have said that if there were more than one fire at a time, a coin would have to be flipped to see whose home would be saved. This hardship is a needless strain in their lives. It is one of the petty things that a civilization should not have to bear. This lack of pressure affects literally thousands of Englewood residents and is of critical importance to the health, safety and welfare, not to mention convenience, of the persona in this area. I respectfully request the Court of Appeals to accelerate this matter on its docket so that the awmner of 1982 will be less of a hardship on our citizens. Subscribed and sworn to before me by ~ugene L. Otis as Mayor of the City of Englewood, Colorado, this~day of February, 1982. My Commission I • • n - ( • STATE OF COLORADO COUNTY OF ARAPAHOE ss. • • • AFFIDAVIT I, DONALD W. HARPER, of lawful age, being duly sworn upon oath, state that I reside at 4930 s. Elati Street, Englewood, Colorado, that I have been actively involved in the affairs of the City of Englewood for a number of years, both as Superintendent ot Schools for the City of Englewood and as a former Councilman of the City of Englewood. At the present time I maintain no office of government. I am _ making this affidavit as a resident of t he City of Englewood and do •o to inform the Court of Appeals of the great need of the ~~sidents of the City of Englewood in the south end of town. Our water pressure is deplorable. I understand that make-shift efforts were co~pleted for the summer of 1981 to increase water pressure to the 1outh part of town. This has not been effective. Even though we have larger than normal water line to our home, water pressure is otill lackin g in our home in that the simple act of washing clothes wi l l d ep r i ve our home of sufficient pressure to, for i nstance, take a bath , In addition, we are concerned about the sufficiency of water pressure t o fight a fire. This thought is very unsettling t o us and our nei g hbors. Another graphic example of this problem is that our lawn has a sprinkler system and I am not able to ef fectively use it due t o the erra tic p r essure . I am not alone in this need. Other persons in the commun i ty with whom I am fam i l i ar have expressed to me a similar need for increase d water pressure. The i r problems are as severe or more seve r e than mine because of the i r normal l i ne size from the main in the street to their hou s es. Th e y simply cannot wash clothes and take a bath, o r even flus h a t oi l e t, at the s ame time. Drawing wate r fo r a pitcher of lemo n a de can become a r d u ous due to ~e time . Wat ering the lawn b eco mes a game o f chance --t o find the time wi th enough water t o meet all t h e other n eeds of li fe and thos e o f your n eighbors. I n e x pressing this need to the Court , I believe it is important to have a speedy decision concerning the water tower. As I understand it, this structure would increase water preasure to the point of being able to hav what I would consider normal preasure to our r sidence, I ask this so that the summer of 19 8 2 may be less of a hardship for my family and my fellow neighbors. Sub crib d rid sworn to b 1982 by Don ld w. tt rp r. 'It fore met s_f__day of February, Nota AddreH: ~¥ ,a O..z.:, /J-101 ~e. ~1, ao ''"''" I • • - ( • STATE OF COLORADO COUNTY OF ARAPAHOE 55 • • • AFFIDAVIT I, ~TEWART H. FONDA, am Director of Utilities for the City of Engle~oqd 1 Colorado. My responsibilities as Utilities Director for the O~ty pf Englewood include overall supervision , management, and da¥~~o~aay operation of the water works system of the City of Englewood. The City of Englewood has experienced extremely low water pres- su~e ~n the southern end of the City. I personally have received numerous complaints concerning this lack of pressure as have virtually all of my staff members who come in contact with the public. ~he water tower constructed behind Burt Chevrolet in the City of Sngle~ood is intended to increase and stabilize the water pres- sure fpr ;he City of Englewood and will do so if it is put into operatiori: I have made numerous efforts to increase water pressure to the south end of the City on a makeshift basis, primarily by use of the City's old pumps. Water pressure still is not satisfactory. I want to emphasize that the pumps were not designed for this purpose and are very old: Reliability of the pumps is questionable and pump failure is very likely. Pump failure, in turn, creates unreliable water pres- sure fQr the south portion of town and in fact could result, should a pump fail 1 in inadequate water pressure for firefighting purposes. I ~ould like to point out that if a power failure should occur, there will be no water supply to fight a fire for a period of time. The water system would become contaminated almost immediately. These public health and safety risks are considered unacceptable by the City. I ask the Court for a speedy resolution for the matter currently pending before it so that for the summer of 1982 the residents of the southern portion of Englewood would have available a safe, secure, and reliable source of water for domestic purposes and for fire pro- tection. Respectfully submitted, Stew~ Subscribed and sworn to before me by Stewart H. Fonda, Director of Utilities of the City of Englewood, Colorado this 10th d of Febr~ary, 19tl~. < C. ' My Conunission dXpir s 7/13/85 . • I • • - I ' • .,. • • • • BY 1.1111DtITY OODINANCE NO. CXXK:IL BILL NO. 20 IN"mCDx:ED BY CXXK:IL MfJllBER FITZPATRICK SERIES CR 198'""2,---- AN CIIDINANCE AOO!Ki PARAGRAPH 22.1-8 TO 'l1IE CXIG'REHENSIVE ZO.n«i CIIDINANCE TO CIARIFY 'l1IE EXf>Pl'IO. CR CITY CWlm CR CPERATED UTILITI-ES PR01 ITS REQUIREMDITS AND RIGJIATIClfS. hHERF.AS, the public necessity, health, welfare, and convenience demand that the City have the right to construct and maintain necessary public , utilities free from zoning restrictions. NCW, ~. BE IT CIUl,\INED BY 'l1IE CITY CXXK:IL CR 'l1IE CITY CR D«.LEW'.XD, ~: Section 1. 'ft\at Section 22.1-8 be added to the Cc:lllprehensive Zoning Ordinance as follows: 22.1-8: APPLICABILITY CR R!XiULATIClfS. The regulations, requirements, limitations and provisions of this Ordinance shall not apply to public utilities owned and/or operated by the City of F.nglewood. However, this does not relieve from the duty to obtain building permits those contractors who build or assist in building any City~ or operated utility. Introctuc:.d, rud in full, and puaed on first reading on the 17th day of May, 1982. Published as a Bill for an Ordinance on the 19th day of May, 1982. 1982. Read by title and pa8Md on final reading on the ___ day of June, Published by title as Ordinance No. ___ , Series of 1982, on the Jl»'le, 1982. --- Attest: Eugene L. Otis, Mayor ex officio City Cle rk.Jf'reaaurer • I • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl~, Colorado, hereby certify that the above i s a true, accurate and complete COPf of the Ordinance passed on final reading and published by title as Ordinance No. ___ , Series of 1982. Gary R. Higbee I • • - ,. • • • WATER AND SEWER BOARD July 13, 1982 Regular Meeting The meeting was called to order at 5:00 p.m. Stewart Fonda declared a quorum present. Members present: Members absent: Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay, Haviland None 1) SOUTHGATE SUPPLEMENT #94. C & S CONSTRUCTION COMPANY, INC. AND ERICK BRUCKNER. (Att. 1) Mr. Fonda reviewed Southgate Sanitation District's request to annex 3.44 acres to their district . C & S Construction Company and Erick Bruckner plan to build a church with seati ng for 386 and 55 pre-school children. Mr . Fonda reconnended the Board approve Supplement #9 4 to Southgate Sani tation District. Mr. Giseburt moved; Ms.Haviland seconded : Ayes : Nays : Motion carried. To reconnend to Council approval of Supplement #9 4 to Southgate Sanitation District. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Gfseburt, Lay, Haviland Non 2) SHERMAN TANK WATER TOWER UPDATE. Stewart Fonda revi d the sequence of events and litigation progress of the water tower located at 5403 South Shennan Way . I • • • • • 3) INTERCONNECTION AGREEMENT WITH DENVER WATER BOARD. {Att. 2) There was a general discussion of the mutual advantages of an Emergency Interconnecti on Agreement with the Denver Water Board. Rick DeWitt, Englewood's City Attorney had submitted the suggestion that #12 on page 3 of the agreement have a clause inserted stating the agreement will also be perfonnable in Englewood's district courts . Mr. Fullerton moved; Mr. Giseburt seconded: Ayes : Nays: Motion carried. To rec011111end to City Council approval of the Interconnection Agreement with the Denver Water Board, subject to the City Attorney's final review. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay, Haviland None 4) STANDARD CONNECTORS AGREEl1ENT C0""1ENTS. Stewart Fonda collected suggestions and COlll1lents from the Board members regarding a standard connectors agreement. At the July 6, 1982 City Council meeting, the Council directed the City Manager to enter into a contract with Black & Veatch Engineers, not to exceed $15,000, to research the rate base, to detennine if an increase is necessary and to act as a final reviewing entity on the final draft of the Connectors Agreement . 5) PROPOSED CONTRACT FOR SE WER SER VICE S BETWEEN CITY OF ENGLEWOOD AND THE CITY OF SHE RIDAN. Mr . Fonda reviewed with the Board a connunication frOl'll Ga ry He11111inger, City Attorney for the City of Sheridan to Rick DeWitt, Engle wo od's City Attorney regarding a proposed contract for s age treatment services betw en the two cities. There was a en ral discussion on advantages and disadvan- tages by the Board. Mr. Fonda will update the Board on any developments as they arfse. 6) PROPOSED VALLEY INCLUSION Hr. Phillip Nol n applied for an inclusion to Valley Sanitation District for a 239,360 squ re foot office/warehous complex. Hr. Nolen had n arly completed the d velopment process when the Vally Sanitation/Englewood policy was chang d to prohibit any addition of land 1n Sh ridan to th Valley District. n r1l discussion foll d sugg sting a claus noting this fs an xc ptfon c1us of th xt n of pl nn1ng involv don Hr. Nol n's part be ore th policy chan . I • • • Mr. Giseburt moved; Mr. Fullerton seconded: Ayes: Nays: Motion carried. Mr. Giseburt moved; Mr. Fullerton seconded: Ayes: Nays: Motion carried. 7) GREENBELT SANITATION DISTRICT. • • • To approve application for an inclusion to Valley Sanitation District on the basis of prior application before the policy was passed prohibiting any additions. The Board wishes it noted Mr. Nolen's request is an exception because of prior application. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay, Haviland None To rec011111end to Council approval of Mr. Nolen's request for application for inclusion into Valley Sanitation District. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay, Haviland None Stewart Fonda briefed the Board on the sequence of events involving Englewood's dissatisfaction with Greenbelt Sanitation District. The Board was infonned of Greenwood Village's positive response to a letter to be sent to Richard Graham, Attorney for Greenbelt Sanitation (Att. #3). The Board concurred with sending the letter to Richard Graham. B) WRIGHT-MCLAUGHLIN PROPOSAL . Stewart Fonda read Wright-McLaughlin's proposal for the study of Boreas Pass . A copy of the proposal will be sent to the Board members for study . Mr . Fonda will call for a motion at a future meeting . 9) CLAY STREET WATER USERS ASSOCIATION. American Coleman ha s requested an addition to their existing service. Discussion followed . Board member Giseburt suggest d the matter be tabled for further dis cus s i on at a future eting . • I • - • Mr. Giseburt moved; Mr. Higday seconded: Ayes: Nays: Motion carried. • • • To table the Clay Street Water Users Associations decision for further study and discussion at a future meeting. Cook, Best, Fitzpatrick, Fullerton, Higday, Otis, Giseburt, Lay, Haviland None 10) BORING AND RELINING CLARKSON AND BELLEVIEW. Stewart Fonda briefed the Board on the extension of Aineron's contract to include boring and cement relining of the water main on South Clarkson Street from Little Dry Creek to north of East Hampden Avenue (I-285) and from South Logan Street to South Clarkson Street on East Belleview. The meeting adjourned at 6:35 p.m. The next Englewood Water and Sewer Board meeting will be August 3, 1982 at 5 p.m. in Conference Room A. Sincerely, ~~ Cathy Burrage Recording Secretary • I . • • • • SUPPLEMENT NO , TO CONNECTOR' S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWCX>D, acting by and through its d uly authorized Mayor and Ci ty Clerk, hereinafter referred t o as "City•, and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado , here i nafter referred to as "Distri ct•, WITNESSETH: WHEREAS, on the 20th day of June, A.O. 1961, the City entered int o a Connector's Agreement with the Di strict concerning the connection of the District sewer collection facilities to the Ci ty's sewage ayetem, which Connector's Agreement was modified and amended by agreement dated the 4th day of April, 1966; and WHEREAS, said agreement and modification thereof provided that additional service areas could be included within the limits of the District with the written consent of the Ci ty; NOW THEREFORE, i n consideration of the premises and of the mutual covenants of the parties hereto, it is agreed aa follows: 1. The City does hereby consent to the inclusion of the additional area, situate in the County of Arapahoe, State o f Colorado described aa fo l lows, to-wit : Prope rty Owner : Pr o perty De s c r i pt i on : C , S Construction Co ., Inc . and Erick Bruc kner See attached Exh i b i t A into Sou t hga te San i tati on Distr ict , and agrees that sai d additional a rea may be served with the sewe r f a cilit iea of the Di atri ct, and that the City will treat the aewage dis- c harged i nto the City's trunk line from aaid additional area, all i n acc ordance with the Connector's Agreement dated June 20, 1961, and the IIIOdif ication thereof dated t h e 4th day of April, 1966, between the City and t he District. Ac c ordingly, Exh i b i t A referred to in paragraph l of the Mod i f ication to the Connector'• Agree .. nt dated the 4th day o f Apr i l, l 66, ia hereby am nded to inc lude the additional area a e set f o rth h reinabove • • I • l ' I ' "\ ·I • • • 2. Each and every other provision of the Modification to the Connector's Agreement dated the 4th day of Apr il, 1966, shall remain unchanged. IN WITNESS WHEREOF, the parties have c aused their names and seals to be hereunto subscribed and affixed this day of ATTEST: CITY CLERIC ( SE AL ) ATTEST: MAYOR SOUTHGATE SANITATION DISTRICT ARAPAHO! ANO DOUGLAS COUNTIES, COLORADO -2 - • I • • - ,. ' j I ,I J • • • • • • •"• • ... ,r•• '• • ... ,., .... ~ ·"'""""~ ........ •- EXHIBIT "A" LEGAL DESCRIPTION A PART OF THE SOUTHEAST ONE QUARTER OF SECTION l9, TOWNSHIP 5 SOUTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIIED AS FOLLOWS, IEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ONE QUARTER, THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER 30.00 FEET TO THE POINT OF IEGINNING1 THENCE ON AN ANGLE TO THE LEFT OF 89°57'l0" AND SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ONE QUARTER 500.00 FEET , THENCE ON AN ANGLE TO THE RIGHT OF 19"57'l0" AND WESTERLY PARALLEL WIT THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER 300.00 FEET1 THENCE ON AN ANGLE TO THE RIGHT OF 90°02'50" AND NORTHERLY PARALLEL WITH THE EAST LINE OF SAID SO UTHEAST ONE QUARTER 500,00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE OUARTER1 THENCE ON AN ANGLE TO THE RIGHT OF 19°57 1 l0" AND EAST ERLY ALONG SAID NORTH LINE 300.00 FEET TO THE POINT OF IEGINNING, CONTAINING 3.~~~ ACRES ~ORE OR LESS • • I • • J ., • • • I NTE RCON NE CTI ON CONTRACT THIS AGREEMEN T, made and entered into a s of the ~~~~~~~~ day of , 1 982, by and between THE CITY AND COUNTY OF DENVER, a municipal corpora t ion of the State of Colorado, act i ng by and through its BOARD OF WATER COMMISSIONERS, hereinafter referred to as "Board," and the CITY OF ENGLEWOOD, a municipal corporat i on of the State of Colorado, hereinafter referred to aa "Englevood," WITNESSETH, WHEREAS , t he Board's and Englevood'a vater facilities are phyaically interconnected at West Tanforan Drive and South Irving Street, and WHEREAS, there is no vritten contractual arrangement for the phyaical operation, control, or aaintenance of the foregoing interconnection, and WHEREAS, the Board and Englevood are not deairoua of peraanent physical interconnections betveen their separate vater ayateaa, but rather viah to identify fire hydrants by vhich their vater facilities could be teaporarily interconnected in ceae of an eaergency, and WHEREAS, eaergency situations aay occur in vhich it vould be in the beat i nter est of the part i es if their vater ayateaa vere teaporar ily connec ted i n s uch a aanner that each c ould aa ai st the other in prov iding va t e r serv ice d ur ing an e aergency, and WHEREAS, the Bo a r d and En g l evood i n the pa a t have aa s iatad eac h o the r i n ti••• of eaergency by ae a na of i n te r conn e c t ions betveen t he ir respective wa ter systeaa. NOW THE~R&, in consideration of the preaises and the proaiaas a nd covenants t o be kept and perforaed by the pa rtlaa hereto, it la agree d •• follova , 1. The e•iatlng phyalcal ntarconnactlon be t we en En g lewood a nd the Bo a rd at • Tanfo ran Drive a nd Icv ng Strea t v ill be dlaconnec ed fro• Board a nd ngla wood facillt e a by Bo a rd cr aw ,. Englewood a a y inspec the cut of f of a a ld in te rconn ctlon. I • • • • The Board shall be reaponsible tor the accounting ot all the coat• concerning the cut-oft. Inglewood aay audit the Board's record& concerning the coata aaaociated with the cut-oft. After coapletion ot the cut-oft, the Board will bill Inglewood tor SOI of the total actual coat ot the cut-oft. Payaent will be due thirty (30) daya after receipt by Inglewood ot the Board'• Invoice. 2. In the event an eaergency arisea, •• defined herein, the Board and Inglewood aay interconnect their reapective water aysteaa through teaporary fire hydrant connection• at any ot the location• listed in &xhibit "A," attached hereto and by this reference aede a part hereof. 3. All eaergency interconnection& listed in Exhibit "A" shall be activated in strict conforaance with the drawing• in Exhibit "B," attached hereto and by thia reference aade a part heraot. 4. The Board shall purchaae four (4) three inch aetera. Said aetera shall be of the types aentioned in Exhibit "B" (Badger Meter llodel rB-IGR or Rockwell Meter Model 125-Wl, or equal ther•to. The coat of purchasing the ••t•r• and required appurtenance• shall be equally divided between Inglewood and the Board. 5. The Board, at ita aole expenae, shall be reaponaible tor aaintenance, repair, •tocking and replaceaent of the tour aetera aentioned in Paragraph 4. 6 . The Board and Inglewood agr .. that the identified fire hydrants will only be interconnected in the event ot an eaergency . An eaergency for the purpoaea of thia contract ia defined aa a aajor tire or any untor••••n ayatea or aechanical failure ot the treated water syataa or a contaaination of treated water auppliea which causes either party to cease, in whole or in part, delivery of water. A shortage of untreated (raw) water shall not be deeaed a n eaergency. 7. In the event of a n e11ergency, as defined herein, the requesting party will notify the other party of ita intention to activate one or •ore ot the fire hydrant interconn tions •• ne cessary to deliver water into its systea fro• the other party'• syatea. Notification to the Board will be given to the Water lalea Section during regular bualnes, hour, or to the loacd'• diepatchec -2- I • • l- ·l 1 • • • • during non-business hours. Not i fication to Englewood will be made to the Director of Utilitie s during regular bua1ne•• hours or to the Englewood Police dispatcher during non-bua ine•• houra. Upon notification by either party, the Boa rd will deliver the nece•sary meter or meters to the interconnection site in a t1aaly •anner. 8. All water delivered through an interconnection shall be billed at the Board's then current rate for wholesale (aaater •eter) service by the party delivering such water and ahall be paid for within thirty (30) days after receipt of said bill by the receiving party. Said bill shall be calculated only for the aaount of water uaed and shall not include any service , installation or other adainiatrative or overhead charges. 9. It is expressly agreed that in the event any of the identified pairs of fire hydrants are interconnected and activated, the party receiving aa•istance through the interconnection shall indeanify and hold haraless the other party in the event of any daaage, liability or expense, including attorney's fees, resulting froa •uch activation. 10. The Board and Englewood ahall each operate their reapectiva water ayateas, when receiving water through any of the identified eaergency interconnections, in such aanner that the engineering standards or operating procedures of the delivering entity shall not be violated. 11. This agree•ent shall be effective for one (1) year froa the date hereof and shall be autoaatically renewed froa year to year unless either party gives wr itten notice of teraination within aixty (60) days preceding the anniversary date of thi• contract. Upon ter•ination of the agreeaent, the Board will return two (2) of the aster• purchased, as referenced in Paragraph 4, to Englewood in good working order. 12. Thi• Agrae•ant is and shall be deeaad to be perforaabla in the City and County of Denver, and venue for any dispute a rising hereunder sha\l be in the District Court in and for the City and County of Denver. ATT!8T 1 Secretary CITY AND COUNTY OP DENVER, acting by and through its IIOAJID OP WATER CONMIISI0NIR8 By .. ,-c-a-s"'l.,ar-.-n"'t _________ _ (lxecutlon of this docuaant continued on Paga 4) -3- • I • • - • • • • (Execut i on of this document continued from Page 3) APPROVED: APPROVED: Pl4.~ tleg_a~ ATTBST1 City Clerk APPROY11D1 Director of Utilitie• RBGISTERBD AND COUWTERSIGNED: Charle• D. Byrne, Auditor City and County of Denver By ___________ _ CITY or ENGLEWOOD By ___ -=---,--------Mayor -4- • I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE AGE_!jDA ITEM SUBJECT Supplement #94 Southgate San. District July 23, 1982 6~/ INITIATED BY _____ S_o_u_t_hg~a_t_e_S_a_n_it_a_t_io_n_D1_·s_t_r_ic_t _________ ~ ACT JON PROPOSED. _____ Ap._.p_r_o_ve_a_nn_e_x_at_i_o_n_o_f_ad_d_i_t,_· o_n_o_f_l_an_d_i n_t_o ____ _ Southgate Sanitation Di strict service area. • INTRODUCTION : A request was made by the Southgate Sanitation District representing the owner s/ developer for annexation to the Southgate s ervice area . I nclusion of th i s land does not increase the tap allocation to the Southgate Sanitation Distr i ct . BACKGROUND INFORMATION : a . Supplement #94 i s for an area of appro xi mately 3.44 acre s . The developer plans to bu il d a church with seati ng for 386 and 55 pre-s chool chil dr en. Exis t i ng zon i ng is A-1 wi th a propo sed zon i ng of M-U . There wi ll be a mi nimum open s pa ce of 1.03 ac res. b. LE GA L: A part of the Southeast one quarter of Section 19, Township 5 South, Range 67 West of the 6th P.M., County of Arapahoe, State of Colorado. c. OWNER : C & S Construction Company, Inc . and Erick Bruckner . d. FINANCIAL DETAILS : None . RECOM NDATJON : That the City Council approve the annexation of the property described in Supplement 94 to the Southgate Sanitation District • . ···~ I . • - • • • • SUPPLEMENT NO. ~ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly autho rized Mayor and City Clerk, hereinafter referred to as "City", and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Count ies , Colorado, hereinafter referred to as "D.i strict", WITNESSETH: WHEREAS, on the 20th day of June, h.D. 1961, the City entered into a Connector'• Agreement with the District concerning the connection of the District sewer collection facilities to the City'• sewage system, which Connector's Agreement waa modified and amended by agreement dated the 4th day of April, 1966; and w111mEhS, Sil id c,greement c,ncJ moclif i cc,tion thereof provided that additional service areas c ould be i ncluded within the limits of the District wi th the wr i tten consent of the City, NOW THEREFO~F., in consideration of the premi ses and of the mutual covenants of the parties hereto, it is ag r eed aa follows, l. The City doe• hereby consent to the i nclusion of the additional aree, situate in the Coun ty of Arapahoe, State of Colorado described as follow•, to-w it: Property owner : Property De scription: C , s Cons truction Co., Inc. and Erick Bruckner See attached Exhibit A i nto So uthgate Sanitation Distr ict, and agrees that said a dd itional area may be served with the aewer facilities of the District, and that the City will treat th sewage ~ia- charged into the City'• trunk line from said addi ion l area, all in accordance with the Connector'• Agreement dated June 20, 1961, end the modification th re,,f dated tha 4th day of Apr il, 1966, between the City and the Diatric Accordingly, Exhibit Ar [ rrcd to in paragraph l or tic Modification to the Connec tor' a Agre ment d l ed h 4th 1hy of Apr l, 19 6, 1 • hereby ame nd d to inc l ud the H"11 t I on, I area•• set forth here nabove . • I • • -• • • 2. Each and every other provision of the Modification to the Connector's Agreement dated the 4th day of Apr i l, 1966, shall remain unchanged. IN WITNESS WHEREOF, the parties have caused their names and seals to be hereunto subscribed and affixed this day of ATTEST: CITY CLERIC ( S EA L ) ATTEST: By _""SE"°C"°RET="'A'"'R°"Y;;-------- -2 - MJ\YOR SOUTHGATE SANITATION DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO • I • • \ ' -• • • EXHIBIT "A" LEGAL pESCRtPTJON A PART OF THE SOUTHEAST ONE QUARTER OF SECTION 19, TOWNSHIP 5 SOUTH, RANG E b7 WEST OF !HE bTH P.K., COUNTY OF ARAPAHOE, STATE OF COLORADO, KORE PARTICULARLY DESCRIBED AS FOLLOWS, jfG I NNING AT THE NORTHEAST CORNER OF SAID SOUfHEAST ONE QUARTER, THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER 30.00 FEET TO THE POINT OF IECINNING1 THENCE ON AN ANGLE TO THE LEFT OF 89°57'10" AND SOU THERLY PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ONE QUARTER 500.0 0 FEE T , THENCE ON AN ANGLE TO THE RIGHT OF 89•57'10" AND WESTERLY PARALLEL WI T THE NORTH LINE OF SAID SOUTHEAST CHE QUARTER 300.00 FEET1 THENCE ON AN AN GL E TO THE RIGH T OF 90•02'50" AND NORTHERLY PARALLEL WITH THE EAST LINE OF SA I D SO UTHEAST ON E QUARTER 500.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ON E OUARTERr THENCE ON AN ANG LE TO THE RI GH T OF 99•57•10• AND EASTc RLY ALON G SAID NORTH L INE 300 .00 FEE T TO THE POI NT Of BEG I NNING , CON TAINING 3,~44 ACRES MORE Oil LESS. • I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE July 28, 1982 A~zNDA ITEM SUBJECT Supplement 115 7 1 . 1 . Request for inclusion IJ to Valley Sanitation District t-----------......1--4.,,0<......A'--'---''----''---~~--~--=--~~~~~~~~-· INITIATED BY ____ M_r_._Ph_i_l_l ...:i p_No,;....l_e_n.:., _ow_ne_r___;of.:.......:t __ h..:;.e _H..:.a __ mp:_d __ e_n_B:.:u..:.s __ i n __ e;.;.s.:..s _C.....:e_n.:..te_r __ ACT I ON PROPOSED, __ ...;.;;Ap~p.:..r.;;.ov,;....a,;....1_;:;,,of;......;;a.:;.pp~l,;....i.;;.ca;;..t,;....i.;;.o.:..n _f..:.o,;....r_i.:..n.;;.c.:..1 u:..:s;.;.i--on.:.......:i.:..nt.:..o:.....:..Va::..1:.:1.:.ey~--- Sani tat ion District INTRODUCTION : Mr. Phillip Nolen appl i ed for an inclusion to Valley Sanitation District for an office/warehouse complex, the Hampden Business Center. Mr. Nolen had nearly completed the development proces s when the Valley Sanitation/ Englewood pol i cy was changed to prohibit any add i t i on of land in Sher i dan to the Valley Sanitation District . BACKGROUND INFORMATION : The Hampden Bus i nes s Center is lo cated sout h of Hampden Aven ue and east of South Platte Ri ver . The developmen t con sis t s of 239,360 s qua r e fee t of office/wareho use fa ci l ities an d 397,632 square f eet of office space. FINA NCIAL DETAILS: None. RECQlll4ENDAT10N: To approve Supplement 15 for inclusion into Valley Sanitation District , noting this is an exception because of prior application before the policy was passed prohibiting any additions . I . • r- • • • • INCLUSION AGREEMEN 'r THIS INCLUSION AGREEMENT is ente red into this day of , 1982, by and between Phillip w. Nolen (herein- after referred to aa "Nolen"), and Val l ey Sanitation District, a quaai-aunicipal corporation of the State of Colorado (herein- after referred to as "District"). W I T N E S S E T H THAT: WHEREAS, Nolen desires to include certain lands (the "Property"), aore particularly described in Exhibit A attached hereto, within the boundaries of the District and to obtain aewer aervice through the District sewer system: and WHERIAS, the Diatcict is interested in including the Property within the boundaries of the Distcl~t, and providing sewer aervice to the Property, pursuant to the rules and regula- tion• of the Diatrict which have been or aay be adopted by the Board of Director• of the District, and aubject to the further ter•• and conditions of this Agreement: and IIIIIRIAS, the aewer ayatea of the Diatclct connects with the syate• of the City of Englewood: and WHIRIAS, the District i• bound by a Connector's A9reeaent, entered into with the City of Englewood, whereby Englewood agree• under certain term• and conditions to receive and treat the se~,ge collected by the District: and WHEREAS, the parties hereto agree that sewer service be liaited to collection of u~ to 44,800 gallons per day of effluent froa a proposed office and war ehouae facility to be located on the Property, and WHIRIAS, the District i• willing to include the Property to allow service connection• upon the teraa and condi- tions of this A9reeaent, provided, however, that a auppleaent to ths Connector'• Agraeaant between Valley and the City of Inglewood l a approved by the City of Englewood to allow expan- sion of the araa covered by auch Connector's Agr eeaent to include the Property : and provided that approv a l, if necessary, i a raceivad froa the appropriate aunicipal entity fo r the inatallation in ita streets of sewer aaina as hereinafter described , and also provided that prior to any obligations arialng foe the Oiatr ct to provide service to Property, all atatutory requireaents and contractual obligations are aet and aatiafled1 and WHIR A , the statute• of the tate of Cvlor ado peralt the District and Nolen to enter into th a Ag reeaent, and said statute• further prov de 1uch Agceeaant 11 binding upon the District and Nolen, their au cce11ora, tranaterees and aasi9na1 TIii PO , in conaideration of autual covenants hereinafter ,et forth, it ia agreed by th~ partiea hereto as follow,, • I • • I. • • • - CONDITIONS PRE CEDEN T A. B. c. S•ction 32-1-201 et seq . C.R.S . 1 9 7 3, as Repealed and Re-enacted 1981. 1 . The District was organ i z e d p r ior t o the adopt i o n of the "Control Act .• Therefore, the District has not been required to file a service plan pursuant to said Ac t. The Bo ard o f Di re c tors of the District therefore have determ ine d that t he provisions set forth in sa i d Act, i n particular Sections 32-1-207(2), C.R .3 . 1973, Repealed and Re-enacted 1981, ere not applicable to the Distr ict or its actions. 2. If, at any time, an agency of C0111petent jurisdiction determines that the "Control Act,• specifically is applicable to the District and its actions, and that the inclusion of the Prop- erty constitutes a change of a basic or essen- tial nature of the District requiring the filing of• Service Plan with, end subsequent approval of said Service Plan by the Board of County Commissioners of Arapahoe County, all act ion necessary to comply with such requirements shall be et the sole expense o f Nolen. 3 . The Di strict shall not be l i able to Nolen for any damages or coats resulting from such deter - mination, from any suspension of this Agreement ordered in connection therewith; or from any delays experienced i n such deterainetion, or in the creation of sa i d Service Plan, end i n obtain i ng app r oval of the Serv ice Plan f r om the Board of County Comm i ss i oners o f Arapahoe Co u nty. 4 . In the event tha t a ny S•r v i c e Plan, if su c h i a requ i red, i a n o t approved by the Board of Coun t y co .. i aa1onera o f Ar apahoe Coun t y, such a c tion shall not con st i t u te e breach by the Di str i c t, and t hi s Agreeaen t s h all be null and void and of no further for ce or effec t, at the op t ion of the Dis t rict . Co nn e c to r's Ag re e ment. Thi a Ag reement 1a subject to all of t he t erms and c ondit i on s s e t f orth end contained i n th e p reviously referenced Co n nector's Agreement, o r a ny amendme n ts or s upp lements thereto, which a r e e xp ressly made a part hereof by reference. It is •xpressly acknowl- e dged a nd agreed that th s agreement 1s conditioned upon the approval of a suppleaent to th• Conn•ctor•a Agr e eaent by Englewood to allow the herein con- t ••plat•d .. ,vice. Use o f Public Ro adwa y s. Thia Agr•e•ent ia aubJect to ali terms and conditions 1a poa•d by the applicable jur1ad1ct1on 1n connection with th e install a tion of sewer mains and /or connec- tions in public road w•ys, it necessary. Satisfaction o f these requir e aenta including paym•nt of any fe•s as sociated therewith, shall b the sole resp o n s bility o! Nol , n. -2- I • • ...... • • • - II . COVENANTS AND AGREEMENT S: A. Payment of Fees and Costs . 1. Nolen agrees to pay the f ees or co st s o f al l professional consultants, incl uding b u t not liaitad to, engineering consultants, legal con- sultants and financial consultants, incurred by the District in respect to this Inclusion Agree - aant. Such amount shall be due and payable to the District from Nolan i.,.ediately upon billi ng to Nolen. Valley hereby acknowled ges receipt of • deposit of $1,000 to be applied toward said coats. 2, The parties acknowledge and agree that upon coapletion of inclusion of the Property within the Boundariea of the District, the owner of the Property will be liable for the tax•• for the purpose of retiring the District's bonds. It i s further acknowledged and agreed that applicable statutes provide that this liability will arise whether or not the Property is ever served by the District, and will continue if the Property or a part thereof is later excluded from the District, as to bonded indebtedness existing at the tiae of exclusion. Such liability will be governed by the applicable statutes fro• tiae to ti•• in effect. 3. In addition to all other aaounta due hereunder, Nolen shall pay to the District as a tap fee the a•6unt of Fifty-One Thouaand Two Hundred Dollars ($51,200.00) concurrent with the execution of this agraeaant by Nolan, which aua is equivalent to the charge for one hundred twenty-eight (128) single faaily sewer taps at Four Hundred Dollars ($400) per tap. 4 . All fees, rates or charges i ncluding, but not liaited to, inspection, tap or treataent charge s to be paid to the City of Englewood, shall be paid by Nolen, in addition to all other fees, charges and expenses provided herein. Nolen hereby agrees to ho ld the Distri c t haralesa for any and all such fees or charges. a . Construct i on of Fa ci li ti e s. 1 . Nol en agrees to c onst r uct, at hi s sole ex pen s e, all sewer service fa ci l i t i e s t o serve the Prop- e rty , i n clud ing, but no t liaited to , a ll ••in and sewer .. ,vice lin es, • lift ,tation, • f orce a a in, • gr av i t y aa in , a nd a ll n e ce ssa ry a p p ur- tenances thereto , required to provid e sewer • rv1ce to t h e Property, all n conforaance with the general pl a n for service enunci a ted 1n the letter a tta ched hereto a s Ex hibit 8, and•• depicted o n x hib1t C hereto. More s p ecifica lly: .. Construction o Gravity Sewer • Nolen a grees to extend• ( inch gravity sewer -)- • I • • - • • • - ma i n as shown on Exhibit C, eastward fro• the District 's existing twenty-one i nch (21") main along the west boundary o f the Property. Thia new line shall be the sole p r operty of Nolen and shall be operated and Maintained by Nolen . b . Construction of forc e Main . Nolen shall construct a ( ) inch force main as ~on Exhibit C along the north boundary of the Proper ty. This new line shall be the sol e property of Nolen and shall be operated and maintained by Nolen . c. Construction of Lift Station and Storage Tank. i. Nolen agrees to construct, at his sole expense and fo r his sole use, a lift station to be located•• depicted on Exhibit C, and a storage tank, to be loc ated on the Property i n such place•• the District'• engineer shall direct, for the pur- pose of holding and later releas ing any effluent accuaulated fro• the opera- tions on the Property, described in Exhibit B hereto, and further detailed in th i s Agreeaent . 11. Nolen agrees that the daily flow of effluent fro• the property into the District 's ayatea shall not exceed 44 ,800 gallons per day and tha t the District shall h a ve the right to enjo i n any greater fl ow. i ii. Nolen ag ree• that sand and gr•••• traps, if r eq uir ed by the City of Englewood, shall be 1n1talled to specifica - tions of the City 01 nglewood between faciltt1ea and lift station. v. Colorado D1spo1al agrees that all efflu nt fro• the fac1litias shall be held in the storage tan , and that such effluent be puaped nto the D1atr1ct'a ayat•• only du ring the four hour period bet ten tht hour• of 1:00 •·•· and 5100 a.a. • I • • • • • v. Nolen further agrees that said lift station and scorage tank, installed to the District's specifica- tions, shall be owned and operated solely by Nolen; and that Nolen is solely reaponaible and liable for the lift station and storage tank and any damage or cost ariaing from the operat i on or failure thereof. 2. Nolen agree• that all plans and spec i fications in reapect to aaid sewer aervice facilities be subllitted to and aubject to approval of the engineer for the District; and that aaid engineer ahall inspect and approve all conatruction of the facilitiea and •hall have the right to approve or disapprove aaid conatruction. In the event of disapproval, Nolen shall reaedy the reaaon therefor. C. Future Excluaion. The Diatrict agrees to cooperate in any ex c lusion of the Property froa within the boundaries of the District upon the requeat of both Englewood and the City of Sheridan; pro- vided, however, that the proviaiona of C.R.S. 1973, S 32-1-501 et aeq., as aepealed and Re-enacted 1981, a• the saae may be aaended in the future, including proviaion• regarding election by landowner•, ahall be deterainative of excluaion of the Prop- erty. further, in the event of auch an exclusion Nolen hereby apecifically acknQwledges and agree• that the Property shall be aubject to levy for payaent of any bonded indebtedness incur red by the Diatrict prior to the excluaion and further Nolen hereby acknowledge• and agree• that no part of the coats incurred by hi• hereunder, including tap fee•, ahall be refunded to Nolen, and further that Nolen ahall be reaponaibla for payaent of all coat• incurred by Valley in connection with auch an exclusion. D. Niacellaneoua Covenants. 1. Nolen agree• to pay for any daaagea which may reault to the District'• property or aewer ayateaa by reaaon of the laying or conatruction of the aewer aaina or aervice lines or facilitie• which are the aubject of this Agree- ment. 2. The Diatr ic t doea not guarantee or wa rr a nt by thia Agreeaent that the City of Englewood will continue ita service and treataent of sewage and effluent diacnarge• into the line by Nolen, and if for any reaaon not the fault ot lhe D1atc1ct, the City of Englewood ahall fa 1 or refuse to furniah the aervicea called foe in it• Con- nector'• Ag reeaent with the Diatrict, •• ••ende d, the D1atcict ahall not be liable to Nolen . It la further underatood and agreed that the D atrict la providing •n th1• Ag reement only for the uae of it• aewer li~e by 1nclualon into the Diatr1ct, and not for the treatment of th ••wage or affluent diacharged by olen. The grant1ng of a uch ua of 1ta • war line to Nol n end the incluaio of the Propvrty ahall not be conatr ued •• an offering to the public generally of auch ae rvice. -s - I • • - J • • • • 3. This Agree•ent shall con~in ue in force and effect so long as the District, its s uccessors or assigns, •aintains the ownersh ip and opera- tions of the existing sewage gathering system or any modifications thereof to which Nolen is hereby authorized to connect. 4. Thia Agree•ent ahall run with the land and inure to the benefit of and be binding upon the auccessora and aaa i gna of the parties hereto. If the Property is aubdivided into •ultiple ownerahipa or aold aa a whole to mu lti ple owner•, each such ownersh i p or owner shall be jointly and aeverally liable for the obligation s of Nolen hereunder. Any aaaignment of this Agree•ent by Nolen, except to a purchaser of all or a portion of the Property, •uat receive the prior written approv al of the District. IN WITNESS WHIRIOP the unders igned have set their hand• and seals as of the date first above written. ATt&sTa ITA Olt Secretary r or VALLEY SANITATION OISTRICT By '--------=-c-..-...--,,--Pres1dent Phillip W. Nolen ss. T • for9901ng 1natruaent was acknowledged bef ore •sy of , 1 982, by aa ... by u Secretary of ilie VALL r Dl lCT , a quasi-•unlcipal corporation oft at 1aa1on exp1rea: Notary Public Add cea•: I • • • STATE OF COLORADO COUNTY OF ss. • • • The foregoing inatruaent was acknowledged before me thia ~~-day of , 1982, by Phillip w. Nolen. My co11aiasion expires : Notary Public Addreaa: _,_ • I • • • • • • SUPPLEllENT NO. _!.l;i_ TO CONNECTOR'S AGREEHENT Sewer Contract No. THIS AGREEllE!n', ma de and entered into by and between the CITY OF ENGLEWOOD , actinc by and through its duly authorized Mayor and City Clerk, hereinafter referred to as City, an d VALLJiY SANITATION DISTRICT, Arapaho e County, Colorado, hereinafter r efe rred to as District; WHEREAS, on the 5th day of September , 1972, the City entered into a Connector'• Acreetnent with t he Distr i ct concern ing the connection of the Distric t sewer collection facilitie ,-; to the City's ... a1• ayatem, and WHEREAS, said Acreement provided that addit ional service areas could be included within the limits of the District with the written consent of the City ; IIOW THEJlEFORE, in consideration of the premises and of tbe autual covenants of the parties hereto, it is agreed as follows : l . The City does hereby consent to the inclusion of the additional area described on Exhibit One hereto into Vall ey Saaitation District and acrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the aewace discharged into the Distr ict's sanitary sewace system and into the City's trunk line from sa id additional area, all in accordan ce with the Connector's Agreement dated September 5, 1972 between the City and the District. Accordingly, paracraph 1 of aaid Connector'• Agreement is hereby amended to include the addiiJonal real property des cri bed on Exhibit One hereto. The owner of said property is Ph illip W. Nolen. 2. Except for the agreement s set forth i n paragraph 1 hereinabove, each and every other provision of sai d Connector's A1ree .. nt r .. aina unchan1ed and continues i n full force and effect, and tbe additional area herein included shall be subject to all of tbe tel'IIIB and a1reement s cont a ined in said Co nne ctor's Acre-nt. IN WITlf&SS lfll.a&OP , the parties hereto have caused their n ... a and seals to be hereunt o subscr ibed and affixed this day of 19 __ ClTY OF ENGLEWOOD ATTEST : City c1erii By: _____________ _ llayor ATTEST : VALLEY SANITATION DISTRI CT By :_a_~ fi' d.--T , ',,:.F Pr s ident ..., / ;::7 • ~·«Ss ,-U44u ecretary • I • • • • • • l.>:iil l 1 l'J' ONE PA RCE L A A PARCE\. OF LAND LOC/\TED IN T~E N0R11il-lE6T QUARTER Or 6 E CTION 4 , TOl-lNSHIP :, scum. R/\NQE .69 l!ES"T, (,ND THE: SOUTHWEST QUARTER OF SECTION 33, T01,JNSH1P 4 SOUTH, RANGE b8 WEST OF THE SIXTH PRI NCIPAL f'IER I DI,.N, COUNTY OF ARAP.l'J-IOE, &TATE OF CO'-ORADO, MORE PARTICULARLY DESCRJDF-0 /\9 FOLLOWS : COMr'IENClNO AT A POINT ON THI!: 60\JTHERLY LINE OF WEST HA/'.PI:EN AYEt#,J£, FRON WHICH POINT THE NORnf OVARTER CORNER OF SECTION 4, TOWNSHIP :I SOUTH, R;..'IICE 68 WEST BEARS 8 8:1 C!:CREES -48 11INUTES 13 SEC ONDS E, A DISTANCE oF 860.4:1 FEET1 THENCE 6 00 DEGREE& 11 NlNUTE1i 30 6EC ~~DS W, PARAU.EL MITH TIE: EAST LlNE OF' SAID SECTION 4, A DISTANCE OF 791 ,4• FEET1 THENCE B 72 DEOREES :16 NINUTEB W, A DISTANCE OF 490 bb FEET• Tl-iENCE 9 38 DECREE& 42 NINUTE8 W, A DISTANCE OF .... a . 69 FEET, TH£NCE N 6• DEOREES 43 NINVTE8 44 SECONDS W, A DISTANCE OF 1206.:13 FEET t10flE DA LE'B8 TO A POINT ON TliE CENTERLINE OP' ABANDONED COLORADO AND SOVThERN RAILROAD RIOHT-Or-W/\Y, THENCE N to DEGREES 34 Nlh~TE6 E , ALONC THE CE~TERLINE CF SAID A~ANDON ~O COLORADO AND SOUTHERN RAILROAD RICl<T-<r"-llJ\Y, A DISTANCE OF 126. 36 FEET1 Tnc'.MC€ 8 79 DEOREE8 26 t-llN\JTE8 £, A DISTANCE Dr SO. 0 FEIIT TO A POINT cm THE EASTERLY nJOHT-OF-wAY LUG ~ ne COLtraADO AUD BOU1l-!ERN ·RAILROAD COl?IJ4Y1 TliEHCE N 10 DE'-'IEEB 34 IIINVTES IE, A'-Cmg THE ~TEi'LY Rl~T-0."'-IIAY LIN£ OF THE CD'-ORI\DO AND SOVTHERN RI\JLROI\D C~w'IJN, A DISTANCE OF 130. 2 FEET1 TIENCE 8 79 DEQREE8 26 NJNVTES £, A DISTN«:E DI" :Kl. 0 FE£T, nENCE 8 10 DEOREE8 34 NINVTE8 W, PAR ... .L•.£L Wint THE EABTEIILY RIOHT-oF-WAY LINE OF THE COLORADO AND B0UTH£RN RAILROAD CIJtV'ANY, A Ol8TANCE OF 1~7. 16 FEET, THENCE 8 58 DE0REE9 :12 NINVTES E, A DlliTANCE OF 2ff. 31 FEET, Tl£NCIE 8 7:1 D£QRE£9 46 NINVTE8 E, A DISTANCE OF 240. 0 FEET, THENCE N 00 DEQREE8 08 NJWT EB 57 SECOte>& £, 4 DISTANCE CF •98 2:1 FEET TO A POINT ON Tl£ 60UTHERL V LINE OF 111::liT HNV"DEH AIIOIVE• niS:NCE 8 88 DEGIIEES 48 PIIM/TEI E 111..0NO lltE 80\JnE'ILY LINE OF' "'£AT H"'1PD0I AVENUE A DJ8TANCE OF lOSl . 73 FE.£T 1 THENCE 8 83 DE CRE~S 49 l'IINUTE8 E, AL.ONO THE 60UTt£RLY LINE OF WEliT HAtl.>OEH AVE.HUE, A DISTANCE OF 214 . 13 FEET, l'IOflE OR LESS TO TH E POINT OF BEOllt."IINO , AND EXCEPT THAT PORTION PRE\IIOVSLY CONVEYED TO THC OEP'A.qTMENT OF Hl~AY11, STAT£ OF COLORADO, APl'ENUNO 4T 800 l2.?3 , l'A<:E :18:t OF THE REAL PROl'E'ITY RECORDS OF ARAP AHOE COUNTY , COLOR"'D0 /\ND ElCE'l'T THAT PORTION l'REYIWSLY CON\IEYED TO F\.YINC SAUCER l'OilLE PARK, INC ., Ai'PEARJNO AT IOOII. 1732, l'ACE 2 1J., AND RE -AECO t O IN BOOk l73:I, PAC E 178 AND EXC~T THAT l'ART C0NYEV£D TO CJ TY CON;;AETE JN IOOK 2 41~ A T PACE 249. PA !t 8 IN TH SW 1 /4 OF S CTJON 33, TO l~HIP 4 THE tl\.l I I" OF S CT ION ... TOIJNSHIP :1 a~ I CAI I 5 Ct 1111 11 1/4 A Uf !JI I Al ON Tl• 01111 T , • I • • • • • 711 BY AUTHORITY CJIDINANCE NO. \ So{ SERIES Cf' 1982 COUNCIL BILL NO. 31 INTROOOCEO BY COUNCIL MOIBER BAAOOHAW AN CJIDINANCE REPEALil'l, AND REENACTil'l, PORTIOIS OF TITLE XI OF THE .EN:.L™X>D MUNICIPAL CX)DE OF '69 TO MORE PRECISELY DEFINE ACTS PROOIBITED IN CERTAIN OUMINAL Cf'FENSE OODINANCES. WHEREAS, it is deemed necessary by the Engll!'tolOOd Ci ty Coun cil to repeal certain criminal offense ordinances and to amend certain criminal offense ordinances to more precisely def ine the acts prohibited. NCM, 'lliEREFORE, BE IT CJU:V\INED BY THE CITY C'OWCIL Cf' THE CI TY OF .EN:;LE),OD, CX)L(Ra.00: Section 1 . That certain chapters and sections of Title XI are hereby repealed and re-enacted as follows: 11-2-8: LtlLAWFUL TO POSSESS IN PUBLIC; LtlLAWFUL PURCHASE CR POSSESSIOI BY MINCRS (a) It shall be unlawful for any person to have in his possession or under his control in any pub lic place any intoxica- ing liquor in any container of any kind o r description whi ch is not sealed or on which the seal is broken. (b) It shall be unlawful for any person under age eighteen (18) to purchase or have in his possession any intoxicating liquor of any kind in any manner whatsoever. (c) It shall unlawful for any person to have in his possession or l..l'ld r his control any intoxicating liquor in any container of any kind or scription, which is not sealed or on which the al is br n , in any v hicle in thos areas ccessible to th driver nd pa ng rs of said vehicle n such vehicle is in a publi c plac. bu not or jug. • limited o ny original tax al over the p of I • • • • - intoxicating liquor. "Public place" shall include, but is not limited to, any sidewalk, street, alley, parking lot, park, poo l room fieldhouse, stadium, or bal l park. (g) This section shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle is in a public place. 11-2-12 SOLICITATICll OF r:RINKS (a) It shall be unlawful for any person to frequent or loiter in cabaret or night club, with the purpose of soliciting any other person to purc hase drinks. (b) It shall be unlawful for the proprietor or operator of any such establishment to knowingly allow the presence in such establishment of any person who violates the provisions of this Section. 11-4-1: LIABILIT'i FOR~ OF ANOTHER, CDU>LICIT'i A person is legally liable as pr inci pal for the conduct of another consti tuting a criminal offense if, with the intent to promote or facilitate the conmission of the offense, he aids, abe ts , or advises the other person in planning or conmitting the offense. 11-5-1 (a) It sha ll be unlawful for a person, by any threat or physical action , to knowingly place or attempt to place another person in fear of inminent bodily injury . (b) Bodily injury means any physical pain, illness, or any impairment of physical or ntal condition. 11-5-2: ASSAULT It shall l.1"11 ful for a person to intentionally, knowingly, or recklessly ca bodily injury to another person. Bodily injury!- defined in 11-5-l(b). 11-5-3: IUX:KLESSL'i EMW«iERI ANCmiER ~ It shall unl ul for a person to recklessly ngage in conduct which creates a substantial risk of bodily injury to another person. Bodily injury is d fined in 11-5-l(b). 11-6-1: It shall unl ful for y raon to ngag in disord rly conduc in the City of Englewood. A rson its diaord rly conduct if or knowingly or int n tonally, or r kle ly: 2 • I • • • • • • (a) abuses or threatens another person in a public place in an obviously offensive manner. (b) makes a coarse and obviously offensive utterance, gesture, or display which tends to incite a breach of the peace. (c) fights with another in a public place, except for professional or amateur contests of athletic skill. (d) makes unreasonable noise in a public place or near a private residence which he or she has no right to occupy. 11-6-3 : DIS'I\IRBANCE OF 'lliE PEACE It shall be unlawful for any person to disturb the peace of a neighborhood D)' offensive conduct, or D)' loud or unusual noises, or D)' profane or offensive language, calculated to provoke a breach of the peace; or for any person t o permit any such conduct in any house or upon any premises owned or possessed D)' him or under his manage- mentor control, when within his power to prevent, so that others in the neighborhood are or may be disturbed thereD)'. 11-6-6: It shall be unlawful for a person, with i ntent to harass, annoy or alarm another person, to: (a ) strike, shove, kick or otherwise touch any person; or (b ) repeatedly insult, taunt or challenge another in a manner likely to provoke a violent or disorderly response; or (c) mak e a telephone call , or cause a phone to ring repeatedly, without purpose of legitimate cocmunication; or (d) make repeated COll'l1lUl'lications , or otherwise , D)' telephone or at inconvenient hours or in offensively coarse language; or (e) engage in conduct which alarms or seriously annoys another person and which serves no legitimate purpose. 11-6-7: LOITER!~ (a) It shall be unlawful to: (1) loiter for th purpose of begging; or (2) loiter in or about a school building or grounds, not having any reason or relationship involving custody of or responsi- bility for a pupil, or any oth r ific and legitimate reason for being th re, and not having wri t n rmlsslon from a school aaninlstrator; or 3 • I • • • • • - (3) loiter in a place, a\· a time, and in a manner not u~ual and appropriate for the place, or where circLUT1Stances warrant alarm or concern for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that such person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself, or conceal or dispose of any object. Unless flight by the person or other circumstance makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford such person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time, would have dispelled the alarm. (4) loiter so as to interfere with the free and unobstructed use of a public way or place by other persons. (b) for purposes of this section, •1oiter" means to be dilatory, to stand idly around, to linger, delay, or wander about, or to tarry in a public place. 11-6-10 : POSSESSION CE' Il..LfXiAL ~ (a) It shall be unlawful for any person to possess an illegal weapon. (b) As used in this Section, •illegal weapon• means a blackjack, bomb, firearm silencer, ~' gas gun, machine gun, short shotgun , short rifle, metallic knuckles, gravity knife, switchblade knife, nunchukas or throwing stars. (c) Machine gun is defined as a fully automatic weapon capable of (iring more than one time automatically with a single pull of th trigger . 'A short shotgun or short rifle is def inecl as a weapon having an ov rall barrel 1 ngth of 1 ss than 18 inches . (d) It shall be n affirmativ defense to this section that a person has a valid permit ncl lie nse pursuant to the federal cod for such weapon, or that such person is a peace officer or r of the armed fore s or National Guard acting in lawful discharg of his duti s. • I • • - • • • • 11-6-11: FORFEI'IURE OF~ In every case where a person is charged with a violation of this chapter involving a weapons offense shall forfeit to the City such dangerous or illegal weapon. 11-6-15: RESISTANCE, INTERFERDICE WI'ffl A POLICE ~FICER 00 FIRF>W" (a) It shall be unlawful for any person to resist a peace officer, I.Alder color of official authority, from effecting the arrest of any person, by the use or threat of physical force or violence, or any other means which creates a substantial risk of physical injury. (b) It shall be lX'llawful to knowingly obstruct or interfere with or hinder a peace officer or fireman in the discharge of his duties. 11-6-16: AIDil-Ki ESCAPE It shall be unlawful for any person to rescue, or to aid or abet, offer or endeavor to assist another person t o escape from custody or confinement. 11-8-1: It shall be unlawful for any person to knowing l y, i ntentiona lly or negligently cause or permit a child to be placed in a situation that may endanger the child's life or health, or exposed t o the inclemency of the weather, or abandoned, tortured, cruelly conf i ned, or cruelly punished, or deprived of necessary food or shelter, where any inj ury resulting to the child is less than serious bodily inj ury. Introduced , read in full , and passed on first reading on the 19th day of July, 1982. Published as a Bill for an Ordinance on the 21st day of July, l 82. Read by title and passed on final reading on th 2nd day of Aug ust , 19 8 2 . Published by title 4th day of August , 1982 . Ordinance No • ..J~ , Seri s of 198 2, on the Eugene L. Oti , Ma yor 5 • I • • - • • • • 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 and foregoing is a true, accucate and CX111plete copy of the Or~l}V\C'! passed on final reading and published bf title as Ordinance No._.J_eo( __ ,, Series of 1982. Gary R. Higbee -6- • I • • - • ffiDINANCE NO. ~ '?J SERIES OF 198_2 __ • • - BY AU'Ill0RITY C0UNcIL BILL NO. 32 INTRODUCED BY COlJNCIL PERSQ.J BRAOOHAW AN CIIDINANCE REPEAL!~ SECTI°"S 11-6-14, ~LAWFUL TO POSSESS BURGLAR TOOLS, 11-6-22, LOITER!~ PROHIBITED, 11-6-23, LOITER!~ NEAR SOiOOL PROHIBITED, 11-6-24, ~LAWFUL CCHiR&iATI°", 11-7-16, TAXICAB CRUISI~, AND 11-8-11, ASSAULT CR INDECENr ACTS. ~. review of the offenses under the Englelo«>Od Municipal Code has indicated that some are duplicitous or no longer applicable, or are superseded l:7j a state felony offense. NCM, '11fEREFoRE, BE IT Clmi\INED BY 'IllE CITY COUNCIL OF 'IllE CITY OF ~LO«lOD, COLOOAOO: Section 1. niat the following sections of the Engle,,«>od Municipal Code of '69 are herel:7j repealed: 11-6-14 11-6-22 11-6-23 11-6-24 11-7-16 11-8-11 Unlawful to Possess Burglar Tools Loitering Prohibited Loitering Near Schools Prohibited Unlawful Congregation Taxicab Cruising Assault or Indecent Acts Introduced, read in full, and passed on first reading on the 19th day of July, 1982. Published as a Bill for an Ordinance on the 21st day of July, 1982. Read l:7j title and passed on final reading on the 2nd day of August, 1982. Published l:7t title as Ordinance No. ___ , Series of 1982, on the 4th day of August, 1982. Attest: ex officio City Cl rk-Tr a urer I, Gary R. Hig , ex officio City Cl Englewood, Colorado, her l:7j certify tha coq>let copy of th Ordinanc pa on fi Ordinance ·~· ri s of 19 2, Eugen L. Otis, Mayor rk-Tr a urer of the City of above is tru, correct nd l r ding and published l:7j title • I • • • • - OODINANCE NO. BY Al1I'HClUTY SERIES OF 198'""2 __ _ A BILL FOR COUNCIL BILL NO. 38 IN"m(DJCED BY COUNCIL MDl3ER !)~~ 7C AN OODINANCE APPROVIN:i A CCNmACT WITH THE GEOL(X;ICAL SURVEY, UNITED STATES DEPAlfflmff OF INTERIOO AND THE CITY OF LITTLETOJ, STATE OF COLOOAOO, TO DEFINE AND l.lIDERSTAND HYI:IWJLIC CXH)ITI~S OF THE SOUTH PLATTE RIVER. WHEREAS, the Cities of Englewood and Littleton own and operate t he Bi-City Sewage Treatment Plant wh i ch d i scharges into the South Platte Rive r; and WHEREAS, the State of Colorado exercises certain goverrmental author ity over the South Platte River; and WHEREAS, in order to properl y manage the Bi-City Treatment Plant and govern the South Platte River, it is nec essary for addit i ona l informa tion concerning the South Platte River; and WHEREAS, the Geolog ica l Survey, Un i ted States Departme nt of Interior is technically capable of studying the South Pl atte River. t«M, THEREFau:, BE IT CJUli\INED BY THE CITY COUNCIL OF THE CI TY OF EK:.IDOD: Section 1. An agreement with the Geolog ica l Su rvey, Un i ted States Department of Interior, the City of Li ttleton, Colorado, and the Ci ty o f Englewood , Colorado, dated August 1 , 1982 titled •0epartment of I nter ior Geological Survey Joint Fund i ng Agreement f or wate r Resourc es I nves tiga tion•, consisting of 15 pages, i s hereby ratifi ed and approved, a copy of wh ich is attached hereto and i nco rporated herein by refer ence as Exh i bit •A•. Section 2 . 'nle agreemen t described in Section l generally provides as follows : a. 'nle Geological Survey shall perform a study to define and un rs nd hydraulic conditions and processes which influence reaeration rates and waste assimilative capacity of th South Platte River during steady-state low-flOlol conditions. b. 'nle Cities of Englewood and Littleton shall pay a total cont>ined amount of $104,850. 'lbe Geological Survey also shall pay $104,850 for th study. c . Approximately 14 pages of technical information relating to the me thodology are found in the agr nt. Field asurements shall mad , rea eration rates shall be studied, riv r travel time measured, mixing zo determined, benthic daMnd information collected. Weekly data of th State of Colorado and the Bi-City Plant will used to determine~ sonal variation. 'ftle data will be analy ncluding 450 model simil tion runs. 'nle results of the study shall ma~ known in r ports to the Cities of Englewood and Littleton and the State of Colorado • • I • • - • • • • Section 3. 'that the City Council of the City of Englewood hereby authorizes the mayor to sign for and in behalf of the City of Englewood and authorizes the City Clerk-Treasurer to attest the same. Section 4. A copy of the foregoing ordinance and agreement are on file in the City Clerk's office at 3400 s. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982 Published as a Bill for an Ordinance on the 4th day of August, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl~, Colorado, hereby certify that the above and foregoing is a true, accurate and ~lete oopy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of August, 1982. Gary R. Higbee • I • • f- ,_ 9-llf' .. (._.. lt7Y'> • • • Dlput,Mnt ol the laurior Geolapca1 5uffly Joint Funding Agreement POR Water Resources Investigation THis AGREEMENT ii IDtend into • ol the 1st day ol August 1952 by the GEOLOGICAL SURVEY , UNITED ff ATES DEP41l1l1ENT OF 11IE Dn'EIUOR, party of lM tint pert, ud 1111 CITIES OF ENGLEWOOD AND LITTLETON, COLORAOO party of die -...ad put . I. TIIII partill hlnto ..,_ that lllbject to the 8"ilalllity of appropriatiolll and in acc:ofdance with tlllir respec:tiw authoritiel there ... lie.._,...., in cooplntioll a study to define and understand hydraulic conditions a nd processes which influence reaeration rates and the waste-assimilat i ve capacity of the South Platte River during steady-state low-flow conditions in ac cordance with the attaclted Pro~ Work Plan lllnlMf• c:allad Ille prapam . 2. T1111 fillDwllll ti ... be -tributld to -al of the cost of Ille ~ field UICI oftk:e work dincdy nktld lo thil plOpUI. lMlt ~ 18)' ....,.a adminilUatlw or -lilll work in the office of either party and ncludq the coa of publication by cillNr party ol 1111 t..au of die...,.... (a) S 104 850, 00 by 11M party of 1111 flnl pan diariac 1111 period ' to August 1, 1982 September 30, 1983 {I,) Sl04,850.00 by 1111 pany ofllll --Spart.,.. tlla pariod August 1, 1982 lo September 30, 1983 (c) Additioml .-.u by tacb party durq 1111 alNM period or suCCllldina perioda u -Y be ........... by ..,.ual ....-n1 and a.t fortla ill•..._.. of letian ~ till partial . 3. E-,-. illcllmd ill 1111 ,_,_ of lllil pr•-nay be pul by eiUllt' party ill coalonairy with the laws aad l9plalilllla 1111 dwly .,_...Nl:laparty,pn,,ide411111., fu u -Y be mutually ...... all upew ... be paid ill die ftnt illltwa by tlit party oldie !Int pan with appropriata ,limlllw-•t thaafter by 1111 party o/ die IKOIIII part . f.ada party ... funillt to Illa .._party-* .--s or 19por11 o1..,...a-• ny be nNda4 10 •lilfy lial requ..-s. 4 . TIIII ftlld ad offlca -.k panaillilla to Illa pnipam llllal be uacler 1111 4nctloa ol or -.;.ct lo pmodic lffl9W by an authormd '* -, o/ 1111 party oldie flnt pan . S. n. -to be ...... ill llla ....-... be •........i by -...a ..,-1 ..._ lM par1'a hfflto or their ai,t.hariDd -.-IP& TIIII _... employed iii 1111 f'llld wl office lllall be dlaN adoplld by the party oldie llnt part to illlun the reqllind ....... ol _,,~to .-lll'acatiall by mutual ..-iit. 6. 0.., die .....,.. of dw work all op1ntioftl of lilMf party pel1Uli.lC to dlil ,...... ... be opea to the ialpectioll of the Oilier party, ... ii the work ii -beills camld 1111 in • -,..ay atilfactory -. titiiar party •Y ....._... dlil ..-, 11po11 60 ..,,. ---illlCica IO die odw pin)'. 7 . TIIII ....i -* Nalllilll fn1111 tlus fll1ll'MI all IN depoliled lllll.Mtaly ill 1M office of lM pany of tlla lint pert UMI 1M11 .._ pan ol 1111 _.. of dial omc.. Copin .. be f~ 10 die party of the_. pan 11p1111 ,...at. I. TIIII-,.. r-* or repofU raaltill& fioa dill,...._._. be -4e ...wlll to die~ 11 ,-.,uy • pollillle. n. -,., '-* or NJIOltl --at)' wll be publWlld by 1M pany of die llnl pan . ..,.._, llla pany of die -oed pan -1M • to ,...... the -iu of 11111 ,..... ud, if......,. ,........ by tile party or the lint ,-i ... ..,.. ~. be (Ul'IIIIMd by die party o/ die llnl pan , at coa, .. ,..._ 1111taWe (Of pur,-s of reproduc:t,oa ...iar to lhaC for wluclt the «....a copy -,..,.,._ n. ..,.., -* or Nf10111 ~ by tlCher party ... --• ,aa_ of UM coo,en,i-nktioa ~ die ,a,t,a. CITY Ol' ENGLEWOOD, COLORADO • • I • • • • - South Platte Wa ste Assimilation Project Work Plan between the cities o f Englewood and Littleton and the U.S. Geologi cal Survey 1 . TITLE : South Platte River Was te Assimilation Study 2. LOCATION: The South Platte River enters Arapahoe County approximately J miles below t he outlet from Chatfield Dam. As the river flows into Arapahoe County it enters the Front Range Urban Corridor beginning with the City of Littleton and then flowing into the cities of Englewood and Denver, consecutively (See fig. 1). J . PROBLEM: As the South Platte River flows through the urban environment it is affected by point and non-point waste discharges from muni cipal and ind strial sources, as well as several maj or and a few minor tributaries c arrying urban runoff to the river. Recent and continuing population growth within the cities of Li ttleton and Englewood has placed increasing pressure on t he capacity of the Littleton/ Englewood (bi-City) was t ewater treatment facility which discharges treated effluen to the So th Platte River, to meet established quality cr iteria for effl ent dischar ge under the NPDES permi t system. Additiona lly, there are plans to significantly increase the volume of effluent discharge from the Bi-City wastewater treatment plant (WWTP) in the future. Little is currently kn own abou t the effects of discharged , t reat ed effluent on low-flow wa ter - quali ty conditi ons in the South Platte River in the Denver M r opo itan area. Also there is a lack of information on hydraulic proper ties which influence reaeration rates and time of travel of the South Pla e River in this area. For these reasons a st dy of the wa ste assimil ion capacity including th physical proper ies con r o lling time o f tr vel d reaeration rates as w 11 s the chemica l reaction rates controlling species, resid al chlorine , and pH lev ls in h So h Pa proposed. 4. OBJE CTIVES: The primary objective of condi ions nd proc sses assimil tiv c pacity of the Sou h Pl t state l flow conditions. A knowledg water-q lity c nstit ents in the study of the was e-assimilation rats of the river is also esired. Th se cons ituents include alkalini y, un- ionized ni and ther nitrogen species and residual chlorin . o s pport underst nding d interpretation of v rious chemical proc ass in the river their respectiv reaction rats, it is necessary to h v ancill ry dat incl ding m s r nt uf pH, C D, specific conduct temper tur, d dissolved oxygen (stream and b n hie demand). • I • • • • - The following specifi c ob j ectives have been identified: (1) Determine time-o f-travel characteristics of the South Platte River from Marcy Gulch t o the U.S. Geological Survey gaging station at 50th Avenue, and stream reaeration rates from the Bi-City WW TP to 50th Avenue. (2) Determine the extent o f the mixing zone downstream from the Bi-City WWTP and measure residual chlorine, total ammonia and field para- meters in the mixing zone between the outfall and Evans Avenue. (J) For the South Platte River and significant inflows bet ween Chat- field Dam and 50th Avenue determine diurnal variations in carbonaceous bio- chemica l oxygen demand (CBOD 5 ), dissolved oxygen, temperature , pH, specifi c conductance, alkalinity, and selected nitrogen species during conditions of s teady-state low-flow (warm and cold weather) and again during a somewhat higher flow (warm weather). (4) Calculate the un-ioni zed ammonia concentration in the study reach f rom total ammonia concentrations, temperature, and pH (Thurston, R. V.,) and using total ammonia concentrations, temperature, pH, and dissolved solids concentrations (Skarheim, 197J). (5) Calibrate and verify a one -dimensional steady-state water-quality model f or an approximate 19 mile reach of the South Platte River between Chatfield Dam and 50th Avenu e . The calibrated and verified mode wi ll provide estimates of the concentrations of selected nitrogen s pec ies, dis- solved oxygen, and CBOD 5 at s e l e cted points on the South Platte River based on designated discharge and base flow concentrations . (6) Determine the seasonal variation in alkalinity, pH, dissolved oxygen, t emperature, and specific conductance in t he study reach of the So uth Platte River. 5. APPROACH: The st dy reach is the o th Platte River between Mar cy Gulch and the South Platte River at 50th Avenue in Denver (see Fig. 1). Ac prehe sive ev l tion of th effluent w ste-load impact on he South Platte River req ires that all of the trib tarJ, municipal, and ind strial discharges be monitored concurrently during hew ter-q lity assessment at ow-flow co itio Th low-flow c rit ria fur thi st y is to be pproximateiy 12.J cfs at the U .. G oloiic l Survey's str amflow gaging station South Platte River at Littleton (06710000) loca ed at Crestlin Aven e d So th ta Fe Blv . This flow rte is the 7-y low flow with 10-year recurrence interv l ( 10 ) based on record of mean daily str amflow t the Littleto i e 6r th period l J4 to 1981. With th cooper tion of the Color o St t Engineer's offic and the U.S. Army Corps of Engineers an att mpt will be ma e tor 1 te the isch rge from Chatfield R servoir at st ady-state condition for a 5 to 6 y p riod such that th riv r flow at th Littleton i8i8 will mos r rly equal 7 1 or 1.5 o 2.5 im s ~,lO s ne ded for ch of thre data collections ob h riv r. • I • • • • • • (1) Three 24 -hour intensive field measureme nt and sample collection efforts will be conduc ted, tw o during the second and third weeks (approximately ) of September 1982 and one in January 1983 . September was selected t o allow sampling during periods of high biologic al a ctivity and low streamflow. Th e January sampling run was added to provide data on the effects of cold wea ther t emperatures on total ammonia and residual c hlo rine concentrations. One September data collection effort and the January effort will be collected at approxima tely Q7 10 and another September data collection effort will be done at 1.5 to 2 .5 tilhes Q . Seventeen instream sites (SP-01 to 17 in Table 1) in the study reach will°tie monitored during the three intensive 24-hour data-collection efforts. The instream sampling sites were selected to monitor changes in wa ter quality or a change in hydraulic characteristics in the river. Als o , during each 24-hour data collection effort, 6 maj o r (MAMI) and J minor muni cipa l/ industrial (MIMI) effluents and 4 major tributaries (MATR) and 7 minor tributaries (MITR) will be monitored in the study reach. Names and relative locations of sampling sites are given in figure 2 . Sampling frequency and laboratory parameters to be determined are shown in table 1. All wa ter-quality analyses for residual c hlorine, nitrogen species, dissolved and suspended solids, alkalinity, and CBOD will be done by the U.S. Geologlcal Survey. Trib- utaries and muni cipal/industrial sites were designated major if there wa s a significant variation in volume of discharge or wa t er-quality conditions. Minor tributaries and municipal/industrial discha rge sites were not expe cted to vary significantly in flow or water-quali ty conditions or else the flow generally is low enough to be of minimal significance o th ov erall wa ter quality and volume of the river. Samples will be t aken and field measurements made at the instream sites every 4 hours (7 samples/sites). Samples and field measurements rill be taken at the major tributaries and maj or muni cipal/industrial sites every J hours (9 samples/ sites). Min or tributaries and municipal/industrial sites will be monitored twice during each 24-hour s amp ling run. A discharge wi ll be determin d by measurement or frcm a rating c urve or estimated where a measuremen t is not pos sible each time a s ample is taken. (2) Reaeration--Reaeration r ates wi ll b etermine during t he September flow run ( ). Rates wi ll be etermined by injecting pr opane/ethylene g s and Rbodaminll dye into the r iver a he WWT P and at a minimum of t wo di ional sites on the river. Concentra ins of the ses and dye wil b m asured at bout 16 site s downstr am from th plan. easurem nts of channel g etry wi 1 be made from the WWTP o the 50th Avenu gage to provi e th t necessary to calc ate re eration rates. ( J) Time of Travel--Time of travel of t riv r wi l be sur uring September t l. 5 to 2 . 5 tim s and also wh n th fl is at ur - ments wi ll be made from Aarcy G Ml to 50th Avenue at about 17 ins tl sits. The time of tr vel st dy will be run one day after flow r gu ation b gins. • I • • • • • (4) Mixing Zo ne--Two data collection efforts using Rhodamine WT dye will be conducted to determine the zo ne o f complete mixing below the WWTP. One run will be done at 1.5 to 2 .5 t imes Q7 10, during September and another at Q7 10 in J anuary. Rhodamine-WT dye will ~e Co ntinuously injected into the effluent discharge at the WWTP. Dye concentrations, pH, specific conductance and residual chlorine will be measured in the field and samples will be collected for dye sample verification and for t otal ammonia analysi s . These data wi ll be collected in eight verticals at each of six cross sections in t he river fr om the WWTP to Evans Avenue or t o where mixing is determined to be complete. Field measure - meants and samples for total ammonia and residual chlorine will be taken at approximately mid-depth at each vertical sampling location. Samples taken f or Rhodamine-WT dye analysis will be taken at several points in each vert i cal sampling location . Complete lateral mixing for this study is defined as that cross section at which the variation in dye concentration a t any vertica l in the c ross section is equal to or less than 10 percent of any other value measured in that cross section , (5) Benthi c Demand--Informa tion on benthic oxygen demand wi ll be collected f rom benthic samplers placed at several locations in the river from just be l ow the WWTP to the 50th Avenue gage. Benthic oxygen demand wi ll be measured once in September and once in January at a minimum of 14 c r oss-secti on site s, with as many as three samplings in a cr oss section. This informa tion will be used to supplemen t the CBOD 5 information by defining the magnitude of a major oxygen demand in the r iver . (6) Weekly data collected by the State Health Department and the Bi-City WWTP personne l will be checked and entered into WATSTORE f or statistical swnmary, to define s easonal variation, and inclusion in t he data reports . Th e se data will include alkalinity and total ammonia samples, pH, t empera ture , di ssolved oxyge n , specific cond ctance, and di scharg e . These da ta are to be collected for approximately year by the State Health Department. ( 7) Da ta Ana lysis--Analysi s, quali y contr ol , and entry into WA TSTORE will begin immediately following the seco d 24-hour intensive data-collecti on run. Infonnatio generated from data collec ed during the one reaeration st dy, the benthic st dy the two time of travel st dies along with the 24-our data will be sed to define forward reaction and ecay rates for nitrogen species in the model. This informa ion will also be sed in th model to es ablish dissolved oxygen levels and oxygen-sag recovery r ates at selected points in the river. in the mixi zon a dy will be ... ed to defln longit dinal exte t of th mixing zon for ffl nt th Bi-city P. This zone will be defin d at the 7 10 flow con i ion and aloo ta higher flow condition (1.5 to 2.5 tim s '). Concentrations of re id 1 chlorine ammonia, pH, temperature, and &:iJ2ific conductance will be determined in the mixing zon at t wo flow regimes and under warm we ther cold weather conditions. Total un-ioniz d ammonia concentrations will be c lculated fr h data collected in the mixing zone. • I • • • • • (8) Water-Quality Model The information from items one through five is used to calibrate the U.S. Geological Survey's one-dimensional steady-state water-quality model as documented in WRI 79-45 by Bauer and others (1979). This water-quality model can then be used to predict anti c ipated concentrations of CBOD 5 , total organic nitrogen, t otal ammonia nitrogen and un-ionized ammonia, total nitrite , total nitrate and dissolved oxygen ba sed on hypothetical future effluent discharge levels and nitrogen species concentrations . Nitrogen species will be comp ted in the model using equations developed by Thomann and others (1971). Unionized ammonia concentrations will be computed using equations developed by R. V. Thurston (1979) and by Skarheim and others (1973). The model will be calibrated on data from the first set of 24 -hour 10 data. The model will be verified using data collected at 1.5 to 2 .5 ' times~ 1 and again sing data collected at about Q7 1 in January. Final mode2 verifi cation fo owed by model simulation r tiRs will begin after data from the third 24-bour collection in January bas been analyzed, approved, and entere into WATSTORE. Hyp othetical values of effluent discharge will be provided to he U.S. Geological Survey by Littleton/Englewood for input to the verified model in order that a matrix o f predicted constituent concentration can be developed . Approximately 450 model simulation runs are anticipated based on preliminary model input information. 6. REPORTS: Two p blished reports will be produced during the project. One will be a data report describing and listing all data collected during the project. The final repor t will be interpretive, describing results from the time-of-trave, reaeration and computer modeling work. A draft of this final report will be available to the cities of Littleton and Englewood during March 1983. Two progress r eports, listing data collected, wi ll be provided to the cooperators. he first progress repor will be available during November 1982. The s con progress repor wi ll be completed four to five weeks aft rte ry sampling effor t. These two progress repor s will form a r ft f th projec d a repor . r ports, ter-quality ats wi be av o the Colora o Sate Departroen of He ceived and r viewed by project persoru. 7. !inJDY B ion on th 1 fl lity processes int Th verified water- • I • • - • • • - 8 . PERSONNEL REQUIREMENTS AND AVAILABILITY: Personnel requirements can be met through use of available personnel in the subdistrict and district offices. Additional personnel can be made available t hrough the Central Laboratory, if needed. Necessary manpower requirements are as follows : (I) Reaeration and time o f travel reaeration -one run, time of travel -t wo runs (a) Planning and logistics, scheduling, ordering equipment, training, reconnaissance. (b) Data collec tion 6 people x J days/run x 2 runs (c) Data analysis Reaeration Lab preparation of gas samples, dye sample analysis, plotting and determination of gas and dye curve characteristics . (10 days) Digitize areas of curves, determination of centroids and percent recovery, cal- culation of reaeration coefficients and adjust to standard temperature. (19 days) Determination of hydraulic properties of reaches, calculation of reaeration val es from empirical equations for use at other discharges, entry of data into WATSTORE, and ch cki of all computa - ions. ( Jl days) Trav l time Dy sam l d1g1 izini roids d lat.ion or analysis, plotting curves, ar as, e ermination of ce - percent recovery, BI d tab - r a 1 s . ( 15 ya) of i concentrati a, dispersion and prepara- or data for the 1 itudinal dia- pers! mod l. ( 25 day s) Calibrat.i n and v ri ication of itudinal di raion mod l, d t at.ion or ravel 1m -diachar via sta ion 1n x l'M:>d. • ya) Man days 17 J6 60 100 I • • • • • Preparation of data for Watstore, and final presentation of results, check- ing all computations. ( JO days) (II) 24-Hour data collection and Benthic Sampling 24-Hour -three runs, Benthic sampling two runs (a) Planning, logistics , and training (b) Data collection (c) Data analysis CBOD 5, Benthic , nitrogen species, alkalinity and field parame t ers data quality control and file management (includes data re-runs, updates) (III) Mixing Zone (a) (b) (c) two runs, includes CL 2 and TNH 4 samples Planning and logistics, training, equipment, and boat preparation Data collection Data analysis approximately 600 TNH 4 and 600 CL 2 1 samp es, quality control , re-runs, plotting data, read dye s amples in lab (IV) Model preparation, calibration, verification, and simulation of wasteload concentrations (V) Report wri t ing, review, and revision Reports section: typing, drafting, printing retyping, incl des -outside review, annotated outline, first progress report preparation, second progress report preparation, and final project re rt TOTAL • JO 110 25 JO 15 JO 80 60 165 I • • - • • • • 9. WORK SCHEDULE: Major work items and the time during which these items wi ll be completed are given in the following table. Item Preparation for data collection efforts and literature review. First flow regulation period First time-of-travel data collection First mixing zone study First intensive 24 hour data collection Second flow regulation period Second time-of-travel da t a collection Combined with reaeration data collection Second intensive 24 hour data collection Progress report to cooperators on the firs t two data collection efforts Analysis of data from first two e ffor ts , water quality model calibration Third flow regulation period Second mixing zone study Third 24 hour data collection Progress report to cooperator s on third data collection effort . Final verification of water quality model and mod l simulations for various treatment levels. Draft of final r ports blication of interpretative and ata reports • Completed during Month/Year August 1982 September 1982 September 1982 November 1982 December 198 2 J anuary 1983 February 1983 March 1983. July 1983 I • • - • • • - 10. PROJECTED COSTS: (I) Reaera~ion (1) and time of travel (2) (II) a. 24-hour sampling effort (J) LAB COSTS includes nitrogen species, dissolved and suspended solid s, alkalinity and 5-day CBOD's (nitrogen inhibited) $18,9JJ/effort X J efforts $56,800 MANPOWER --includes equipment , vehicle 1st run $21,000 2d r un 17,000 J d r un 17,000 b. Benthic sampling and analysis (one winter and one sUlllller) (III) Mi xing zone (2 runs) includes approximately JOO total 8111Donia and residual chlorine samples/run (IV) Planning and logis"tics data analysis and data quality contro l, computer costs, model calibration, verifica- t ion (2 ) and simulations, and report writing PROPOSED FUNDING AND SOURCE : Littleton/Ena ewood (C a h) USGS Coop ( Ca sh ) 198 2 $34 ,800 34 ,800 198 3 $70,050 70,050 $69 ,600 $10,100 • $10,800 $111,800 5,000 17,100 65,000 $209,700 Tota l $104 ,850 104 ,850 209 ,700 I • • ( • • • - r-, --. r I ~-I --P.,,__j I ,- -;, -·---, -~4---\,....,,,,.__,__.._ __ r_ -0-- L ... t<-~ 1 L I ~ " ' 0 0 s ,o ,s-..:., ... , _______ _,,_ ..-----,,.-'------1 0 S' 10 ,r rt qure 1.--Loc,tfon ind extent or the study 1re1 fn the front R1nge Urbln Corridor • • 0 • • • - SP-16 South Plat t e HITR-7 Hot sewer a t Riv er above 38th St Bridge 31st St Bridge discharge above 19th St Bridge forp . discharge e River above Cherry Creek e River below Colfax Ave HAHl -5 lndustrt1l HIHl -3 Ellis Foods SP-13 South Platt SP-12 South Platt HATR-3 Lakewood Gu HITR-5 Weir Gulch HIHl-1 Alli ed Chea lch teal Co dis charge te Rfver above Mtsstsitppt . .Av• Gulch SP-08 South Plat HATR -2 Sand erson 1 r~-os South Plat HAHl-2 Arapahoe P MITA:_4 Unnamed er SP-04 South Pl1t MITR -2 Bear Creek SP-OJ South Plat te Afver below Harvard Gulch ublfc Service Co eek above PSCo d•• te River below Dartaouth Ave te Rfver above leer Crtek relative locations or Instr••• (SP), r,,,orc 2 .--11,tnws and t rfhutary (IIAHI, HI (MATA, HITR) and •nfclpal/fndustrlal HI) s111plfn9 sftes on the South Platte • ,· 0 I-HI\H l-6 Sto r seer elow JRth St Bridge -s, 1-HI -15 South Platte River above Jls~ St Bridge TR-6 Ston11 sewer at 23d St Brfdge ·~s P-14 South Platte River above 19th St Bridge MATR-4 Cherry Creek - -H IMl-2 Aurarf1 Higher Education Center discharge HAHl-4 Zuni St Power Plant r- -s P-11 Sou th Platte River above 6th Ave SP-10 South Platte River below Al1111ed1 - r- SP-09 South Platte Riv er above Sant a Fe overpass MAMI -J C..tes Rubber Co. discharge - - SP-07 South Platte River at loufstana Ave SP-06 South Platte Afver above Fla Ave Gage MATR-1 Harvard Gulch MAMl -1 If -C ity WWTP Hllll-J lfttle Dry Creek HITlt -1 lfg Dry Creek SP-OZ SP-01 South Platte Rfver 1t'lfttleton (0 710000) South Platt• Rfver n ar C-470 - • • • • 0 Table 1.--0.ta co11ect1on sites and types of data collected IJJ/JYPE PROGR/\H EUHENT WATER~ALITY SAMPLES {totali Reaera -t l111e of Mixing Residual 24-llour kJN flt4 2 Ro 2 + Alita 1-lss-Susp-cooo 5 lion travel zone c1 2 & ttt 4 s1111pl1ng N0 3 1n1ty olved ended Study{I) study{;i) study(~) RUN (J) _ _ __ __ solids sol ids S" 01 X X ( 7) X X X X X X X X SP-02 X X (7) X X X X X X X MITR-1 X ( 2) X X X X X X X SP -OJ X X (7) X X X X X X X HITR-2 X (2) X X X X X X X HITR -3 X (2) X X X X X X X SP-04 X X (7) X X X X X X X X • MITR -4 X (2) X X X X X X X 1-1 X X X l X (9) X X X X X X X HI\Hl -2 X (9) X I X X X X X HI\TR -1 X (9) X X X X X X X • X (7) 7 SP -05 X X X X X X X X X X X • SP -06 X (7) X X X X X X X ~llln -1 • Minor trlhutary sfte II. ~TR -1 • .. Jor tributary site 11 . MIMl -1 • •fnor 1111ntctpal/industrial site 11, NNll -1 • .. Jor aunicipal/fndustrfil s ite 11, sr-o t • Sooth rt tte ( tnstre•) site fl. ( sft u r f' • • • - • • Table 1.--Data collectton sttes and types of data collected (conttnued) ITE/TYPE PROGRAM ELEMENT WATER~ITY SAMPLES {total~ Reaera-th11e of Mixing Residual 24-Hour IUN flf 4 2 No 2 + Alkal-tss-Susp-cooo 5 tton travel zone t1 2 & NH4 Slllllp 1f ng N0 3 tnfty olved ended Study study study RUN _ _ __ __ solids solids 4 HATR-2 X (9) X X X X X X X 15 .Jr'-07 X X X (7) X X X X X X X 16 SP-08 X X X (7) X X X X X X X 17 HI\Hl-3 X (9) X X X X X X X 18 SP-09 X X X (7) X X X X X X X 19 SP-10 X X X (7) X X X X X X X 20 SP-11 X X X (7) X X X X X X X 21 HIHl -1 X (2) l X X X X X X 22 MITR -5 X (2) X X X X X X X ( l J 111\TR -3 X (9) X X X X X X X 2-1 HI\Hl -4 l (9) l l l X X X X • 75 SP -12 X X l (I) I I l l l l X • 26 HIHl -2 l (2) .I l X X X I I "-J 27 SP-1 X X l (7) l l X l . l X I 28 HIHR -4 l (9) I l l X .X l I 29 HIHl -3 l, (Z) I l l · x l I I • • !TE/TYPE 0 SP-M l Hn,11 -5 2 HITR-6 3 SP-15 '1 MITR -7 5 SP -16 6 HI\Hl-6 7 SP-17 I I • • - 0 Tabl e 1.--0ata collection sttes and types of data collected (continued) PROGRAM ELEMENT Reaera -thne of Atxtng tton travel zone Study stud y study X X X X X X X X Restdua1 24-Hour c1 2 & NH 4 sampling RUN X (7) X (9) X (2) X (7) X (2) X (7) X (9) X (7) RJN X X X X X X X X WATER~ITY SAMPLES (total~ flt 4 2 No 2 • A1 ka 1-lss- X X X X X X X X X X X X X X X X N0 3 1nity olved s o 1 ids X X X X X X X X X X X X X X X X X X X X X X X X fl. rleld J)ar,111 ters which w111 be collected at each site during the 24 -hour sampling runs are : Susp- ended sol i ds X Discharge, temperature, pfl, Specific conductance, and dissolved oxygen. The nu111ber in parentheses ts the notnhcr of 0111111 s and field 111easure.eents collected during each 24-hovr run. X X X X X X X X n. [xl nt nd characteris tics of •ixtng zone will be det r.ined and concentr1tlons of residual chlorine will b asurrd at Q7 10 during the J1r1uary run ind 1t 1.5 to 2.5 tf11es the Q7 10 during the second Septetlber run. Thi ~ d t wll1'oe co l l e ted 1t O verticals fn e1ch of 6 cross-s ltllns ' t1111•en the WWTP and Ev1n\ Ave ( pproxhMt ly). Sit 12 (SP -05 ) will be louted ff rosstble 1t one of thes cross -sec tions . . C. STOR T n rs for the wat r quality r,.r-ters are: KJN (00625), Tfll (00610), TNO (00615), TNO HIO (006 31)), · total alkaltnlty (O<MIO), dfssohed soltds (70300), C800§ (eool.1), sus~nded soltds 2 (00530), dfsc~rgl (00(>61), , . l ralu e (00010), s p cfftc conductance (00095), dfssohed oxygen (00~00), pH (00400) • • • • RESOLUTION NO. SERIES OF 1982 • • - 7 c A RESOLUTION ESTABLISHI1'G FEES AND CHARGES FOR THE E1'GLFW00D MUNICIPAL GOLF COURSE. BE IT RESOLVED BY 'rnE CITY CO'JNCIL OF 'rnE CITY OF E1'GLEW00D, COLORADO, AS FOLL~: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. Golf Course Fees -Annual Golf Membership Fees B. Weekdat Onlt Si~le Familt of 2 Additional Member Resident $140 $200* $75* Senior Resident 125 165* 75* Non-Resident 175* 275* 90* Sr. Non-Resident 160* 220* 90* Seven Oat Plat Resident 200 325* 90* Non-Resident 250* 400* 105* *Available for renewal only; no new memberships in these categories shall hereafter be authorized. In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: Senior -62 years of age nd over. Resident -Persons who reside in th corporate boundaries of Englewood or Sheridan. Additional Members -Must be under 18 y rs of age, living with parent (s) or guardian, and additional f s rrust be in the same category as the adult. Daily Gr en Fe s ~ 18 Hole Green Fees $3.75 $6.25 N(loJ-RESIDDIT FEE 4.50 1 .00 Senior R id nt F 2.75 4.25 ( kday only) niors nust 62 y r l\f age or older. I • • [- C. Cart Fees Carts • • • 9 Hole $7.00 18 Hole $12.00 Section 2 . 'Ille charges and fees contained in this Resolution shall be effective August 9, 1982. AOOPl'ED AND APPROVED this 2nd day of August, 1982. Attest: Eugene L. Otis, 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 complete copy of Resolution No.JS , Series of 1982. Gary R. Higbee I • • • • • - RESOLUTION NO. 0~ SERIES OF 1982 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLONS: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. Golf Course Fees -Annual Golf Membership Fees Weekda;i:: Onl;i:: Si!:!9le Famil;i:: of 2 Additional Member Resident $140 $200* $75* Senior Resident 125 165* 75* Non-Resident 175* 275* 90* Sr. Non-Resident 160* 220* 90* Seven Da;i:: Pla;i:: Resident 200 325* 90* Non-Resident 250* 400* 105* *Available for renewal only; no new memberships categories shall hereafter be authorized. in these In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: nior -62 years of age nd over. Resid nt -Persons who r sid in the corporat boundaries of Englewood or Sheridan. Additional Members -Must be und r 18 years of age, living with parent (s) or guardian, and additional fees 111JSt be in the same category as the adult. 8. Daily Gr n F s Green Fe s NOO-RESIDENT FEE Senior R id nt F ~ $3.75 4.50 2.75 ( kday only) Seniors t 62 y ars of ag or older • • 18 Ho Je $6.25 7.00 4.25 I • • - • c. Cart Fees Carts • • - 9 Hole $7.00 18 Hole $12.00 Section 2. The charges and fees contained in this Resolution shall be effective August 9, 1982. ADOPI'ED AND APPROVED this 2nd day of August, 1982 . Attest: Eugene L. Otis, 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 coq:>lete copy of Resolution No..;J..5' , Series of 1982. Gary R. Higbee I • • • • • • PROPOSAL FOR INVOLVF>tENI' URBAN EOOES, INC. AND CIT'i OF Et«:;LD«)()[) F\IIDD«, C£ 'nlE •Et«:,Ul«X)[) CCNNECTIClol • TO 'fflE PLATTE RIVER (GREDH.Y) RIVER REDEVELOPMmT 7+ 'lbe following is the scope of services proposed by UEI for the establistwnent of an ongoing fwxHng base to complete the improvements along the Platte Corridor from Harrp:)en South to Oxford as it passes through your golf course. 'lbe elements of the proposal would include establishing a process to r aise a quarter of a million dollars (using the Wright~Laughlin Engineering estimate) and services that would allow the camunity to continue to raise maintenance and other roonies necessary for the continuation of this project. 'lbe elements of this proposal will be performed over a one year per i od and the prices below do not include printing costs of materials and out of po cket expenses listed separately. We have, however, estimated printing costs t o enable the City of Englewood to better ascertain what the total expenses will t:>e:. M ,. •• I I . Developnent of rece i vership funnel for tax-exeq>t funds. At the opti on of the City of Englewood, Urban Edges will ass i s t in the development of the work i ng procedure of the nonprofit tax exempt foWldat ion and/or City donation funne l to accept funds for Englewood River Redevelopment. 1be scope of involvenent will include the following: II . o Design of consistent logo and/or graphics; o Assistance i n development of an operating budget for ma i nt enance of the fundra i sing operation; o Coord i nat i on with all other agenc ies in the City to assure the earmarked nature of funds for the Englewood Ri ver Redevelopmen t. PRINCIPAL Til1E 10 hours a t $50 .00 $ 500.00 'Ibis will include: o Writing; o Designing; and o Printing a marketing piece that would identify the Englewood Connection and meet the criteria necessary for private sector funding. Soaie questions to be answered are: o 1be time frame of conatruction1 o How to market the pro ject given the high visibility that this wil l have with the golf course; o Preparation of the piece so that people can get involved with this project the IIIOllent they pick up the marketing brochure, o Preparation of the budget, including a percentage to go into 11111intenance of the project and, perhaps, a&ninistration, if I • • • • • - necessary, I.R'lless the City will be offering this money funnel free of charge to the camunity; o Preparation of necessary amenities such as picnic tables and other items that can be sold to the general public, not only as a market- ing procedure, but as a way to involve the constituency; o Coordinate this effort with the Denver Greenway and the Littleton Greenway to be sure that nonies that we raise will not infringe on the South Suburban funding effort, but that the three will enhance one another. PRINCIPAL TIME: ASSOCIATE TIME: 20 hours at $50.00/hour 10 hours at $30.00/hour TOTAL $1,000.00 300.00 $1,30 0.00 NOTE: Estimated printing coiU:-'fo ~ a S111all brochure similar to the Pueblo brochure (attached ) could rW'I approximately 11 cents a piece or a total estimated print i ng cost of $1,500 i ncluding design for 10,000 copies. III. Fundraising marketing plan and resource plan and resourc e l ist. o Urban Edges will investigate fwlding potential and patterns t o assess expectations for fwlding for the Englewood Connection. o Urban Edges will allow the COIIIIUlity of Engl-=iod to use the computerized corporate and foundation list developed i n our office for solic i tati on of funds. o 'nlis includes 3 ,000 corporations, fo1.ndat i ons , and individuals i n the Front Range who a re appropr i ate givers to such a proj ('nl is serv ice is ava ilable only to our clients); o A l ist of a pproxi ma tely 1 ,000 Englewood businesses and i nd ividuals will be pu t together and pu t into our computer fo r solicitation to receive the brochure that we have deve l oped f or funding. 'nle fee for this study and information includes: o Research; o Canputer time; o Phone calls; o Principal and Associate tiaw. TOTAL COST: $1,000.00 2 I • • - • • • • IV. Design and preparation of a fundraising event to benefit the Englewood Connection. o Urban Edges will design and advise on the establishment of an annual event to be carried out, perhaps on the golf course, at which time donations will be solicited and a press conference will be held to announce the fundraising project for this trail connection. o Our staff will design the concept and then promote the fundraising event with the cooperation of the Parks and Recreation Department of Englewood and the golf course Management. o We will coordinate the timing and develop the contact list as we ll invite the individuals to this event. The obvious public rela tions factor of this type thing is well worth while and developnent of i as an annual event is to acCOIIIIIOdate the maintenance endowment or ongoing funding for this connection trail. o Urban Edges will also obtain a sponsor to underwrite the expenses of this fundraising event and be on hand to carry it out. ~ 11., ff PRINCIPAL TIME: 15 hours at $50.00/hour $ 750.00 ASSOCIATE TIME: 10 hours at $30.00/hour 300.00 $1,050.00 V. Actual assistance in securing private sector donations. This will include: o Investigation and securing of actual donations for the pro ject from all sources found to date, including the followup. This portio will include: o Our going out on pr ivate visits taking,perhaps, the mayor and different entities with us to the corporate heads, say at Inverness, Greenwood Plaza, and all other corporations ou south. o Preparation of actual grant proposals to the ma j o r founda t io in Colorado for funding. We will follow the g r ant pr opo sal to the major foundat ions clear thro t o rso al visi w1~ the directors as 11 as suanission of ny new i nforma tion t o them right through the time of deci s ion f o r th grant. hav a schedule of wh n their trustees et and know exactly to go to these foundations and solic i t them for money. TOl'AL COST OF nus PHASE IS EQUIVALENT TO 10 OF FIJNCS RAISED. NOTE: Th r will be no up front cost to the foundation and/or City of Englewood for this portion of the Contract with the understanding that th risk of thi solic itation i tak n by Urban Edg a, Inc. This is a manner in which can pay back th hour pent in this phase with the equivalent of 10 of funds raised. Paymen is to be mad on r ip of gran • 3 • I • • - • SUMMARY: PHASE I PHASE II PHASE III PHASE IV • • • $ 500 .00 1,300.00 1,000 .00 1,050 .00 PHASE V Total cost is 10% of funds raised TCJl'AL $3,850.00 VI. Representations: 1) The City of Englewood shall not be required at any time to contribute any funds or general l!l.ll1icipal funds or make any appropriation to the project or any part thereof in an amount greater than the amount of donations to the project. Further, the City shall not be required to match any funds donated to the project. 2) Should funds be available from donations for a hard surface hiker/biker trail, then a hard surface pavement shall be constructed. Should donations not be sufficient for a hard surface hiker/biker trail, then the Council shall authorize an alternative trail surface. Should donations be insufficient for an alternative trail surface, Council may use the donations for other river redevelopnent improvements. nie City makes no representations other than the foregoing. nie City is relying on substantial improvements being made t:,,, the U.S. Corp of Engineers. Should these improvements not be made t:,,, the Corp, hiker/biker trail may not be able to be constructed. VII. (Xl,II)ITIOOS: o Urban Edges, Inc. will act as coordinator of grant-seeking efforts and will be advised on a timely basis of the foundation's other fundraising activities to .,ssure an ongoing coordinated e.:fort; o Urban Edges, Inc. requires that its clients provide a current adopted operating budget including aaninistration costs to be inserted in the applications for funding to all sectors. o Signatures applied to this proposal constitute an agreement for services . URBAN ElX:ES, INC. By_-=---.,..,...---=--.---.--.--~ J n Mason, Principal 4 • By--,:----.,,..--,~----Eug ne L. Otis, Mayor By -E""rc,'.ne:-:,o,s""t-.:P-. -,Roma.,.-....,..ns---- Di rector of Parks and Recre tion I • • • • • C O U N C I L C O M M U N I C A T I O N DATE July 29, 1982 AGENDA ITEM 8 (a) , • _ SUBJECT MANAGEMENT CONTRACT FOR Bl-CITY WASTEWATER TREATMENT PLANT INITIATED BY ~~C_i_t_y~M_a_n_a_g_e_r_T("'~~~~~~~~~~~~~~~~~~~ ACTION PROP0SED·~~-E_n_t_e_r~i_n_t_o~c_o_n_t_r_a_c_t~w_i_t_h~Ow~e_n~E_n~g~1-·n_e_e_r_i_n~g::;....a_n_d~~- Management Consultants (OEMC) for aanagement of Bi-City Wastewater Treatment Plant for period froa Septeaber 14, 1982 through December 31, 1983. Introduction For the past year, the City has retained the services of Culp, Wesner and Culp to provide management services for the Littleton-Englewood Bi-City Wastewater Treatment Plant. The firm assigned two individuals to work full-tiae at the Plant. Dr. Bill Owen has worked in the capac- ity of Director and Mr. Dave Mason has performed as Superintendent. The contract is for a maximum fee not to exceed $250,000. In addition to plant manageaent, the firm was also given the responsibility to coaplete the Composite Correction Program as required by the State. All parties concerned have been extreaely happy with the perforaance of the engineering firm, and in particular with Dr. Owen and Mr. Mason. Both individuals appear to not only be very technically coapetent but have strona aanageaent skills and have assisted the cities in the vari - ous aanaaeaent programs and efforts that we have been involved with. At the tiae the fira took over the contract, the Plant was encountering nuaerous difficulties. We were experiencing a great deal of eaployee turnover and aorale was bad, relations with State personnel were extreme- ly poor, budgets were being overun and sharply increasin&, odor problems were occurring frequently, the Plant was in poor physical condition, and wor st of all, we were not meetina our discharge perait requireaents. Most of these problems have either been resolved or greatly alleviated. Expenditures have been reduced by approximately $600,000, odor problems are at a minimum, and the plant has consistently met its discharge permit requirements. Current Status The contract with Culp, Wesn r, Culp Enaineers expires on Septeaber 13, 1982. The Bi -Ci ty Wastewater Treatment Supervisory Co aaittee, consisting of th two city aanaaers and public works directors, have aet with Dr . Owen and discus ed alternat ive method of c ontinuina with a sound I • • - ,-· • • • • • Page 2 management and operation plan for the Plant . Dr. Owen has submitted a proposal (copy attached) to form his own engineering firm -Owen Engineering and Management Consultants (OEMC) -and to provide the same basic level of service now being provided through December 31, 1983, at a cost of $210,000 to the two cities. Mr. Mason would also continue in his capacity as plant Superintendent . Recommendation The Supervisory Committee recommends that the Cities of Englewood and Littleton enter into a contract with OEMC to provide for management services for the Bi-City Wastewater Treatment Plant. The contract would be for a period through December 31, 1983, for an amount not to exceed $210,000. The contract is attached and should be approved by Council with a motion at the August 2, 1982, meeting . • I • • - • • • • Owen Engfneerfng l Management Consultants 2900 South Platte River Drive Englewood, Colorado 80110 June 18, 1982 Supervisory Colllnittee, Bi-City Wastewater Treatment Plant and Cfty Councils, Cities of Littleton and Englewood c/o 3400 South Elatf Street Englewood, Colorado 80110 RE: Contract for Professional Management Services for the Littleton/Englewood Wastewater Treatment Plant Gentlepersons: Attached are three copies of the contract for Professional Management for the Littleton/Englewood Wastewater Treatment Plant for your review and authorization. The contract fs based on OEMC's proposal dated May 12, 1982 and discussions with the Supervisory C011111ittee on June 16 and 18, 1982. The services described herein would be scheduled to coincide directly with the ongoing contract which tennfnates on Septell'lber 13, 1982, and would extend 15li a>nths, gegfnnfng on Septell'lber 14, 1982 and ending on Decl!lllber 31, 1983. The contract limit is $210,000. As mentioned fn our conversations, 8111 Owen would relocate to and establish corporate offices fn the Denver area at OEMC's sole expense prior to fnftiatfon of thfs contract. Therefore, all 8111 Owen's travel expenses would be at the expense of OEMC unless defined as special services for the contract and approved by the Supervisory Ca.llittee. We look forward to working wfth you on this and perhaps other projects, and ret11fn, ;;;;;;;::_/J d- Wfllfa,n F. Owen, PhD., P.E. President, Owen Engineering l Management Consultants clw enclosures : 3 • I • • -• • - AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES This Contract i s between Owen Engineering and Manag-nt Consultants, hereinafter referred to as the OPERATOR and the Cities of Littleton and Englewood, Colorado, hereinafter referred to as the OWNER. The OPERATOR agrees to provide services described herein for 111anagement of the operation and maintenance of the wastewater treatlllent facility, hereinafter referred to as the PLANT for the fees descr1 bed. SECTION I OPERATOR/OWNER REPRESENTATIVES The activiti es of the OPERATOR will be directed by Dr . Wi11 1atn F. Owen with Webster J . Owen, Jr . IS 1ltem1te . The OWNER's representative for purposes of supervision of the work, and contract acillnistratlon , will be the Littleton/ Engl-«ld Joint Use Authoritit,y Supervisory c-fttee, hereinafter refer red to as the COIIJIITTEE. The OWNER's representative for purposes of personnel and fiscal .. tters wi 11 be the City of Englewood, hereinafter referred to IS the CITY. SECTION II SCOPE OF SERVICES A. The OPERATOR will provide the •n•g-nt services described herei n for west-ter treataent fac11it1es which ire under the jurisdiction and control of the COIIJIITTEE, spe,lfica11y the Joint Use Wast-ter Tl"Nt- aent Plant and the reactiv1ted Engl-«ld W1Stew1ter Tre1taent Plant . B. The services to be provided by tha OPERATOR do not include the reacti - vation or startup of the Enqlewood Plant . The OP[RATOR will bcqin 111Nv-,1t servicas of the E1191-.I Plant after the OWN£R certifi es to the OPERATOR that the react1vat1on and startup of the Englewood Plant hH been coap 1 eted . C. The location of the Plant for which the OPERATOR will provide the services described herein ifill be the Littleton/Englewood Joint Use Wnt-ter Tre1taent Facil ity, 2900 South Platte River Drive, Englewood, Colorado 80119, and the reactivated EngllWOOd Plant at 1100 West Bates , Englewood, Colorado 80110, Including 111 f1 c11itles and equ 1r-ent located within the fenced boundaries . 0 . The OPERATOR will utilize its best efforts within the budgets estlblished by the OWNER to achieve tht following obJ ecth '\: Coaplilnc,i iflth t l 11 ex i st i ng NPDES Pe1'111it for the Pt.ANT, cost-effecti ve oi,er1t1on , and .. king the treataent plant a aodel for the Netro Denver re Ion . E. The OPERATOR represents to ER that Ith qual i fied I n a ll respects to perfon1 the services which it herein 1grtts to perfo1'111 . F . The serv lets to be perfo,...d by the OPERATOR under this AGREEMENT are : 1 . Fumish per1onntl who are e1111loyNs of the OPERATOR to carry out the responsibilities of Dfrector of Wastewat er Tre1taent and Plant Superl ntendent . These personne 1 wl 11 be directly respon - s I b 1 t to, and w111 report to the CDftllTTEE . 2 . Op1ret l on1l Nn1g-nt services to bt provided by tht OPERATOA ere described hereinafter i n It-3 through 8 and 1r1 : P11nt Adllllnhtratiun , Proc:11.s Evalu1L l on end Cuntrol , St•ff Tr1h1ln11, n1r1l Plant l<l.n•o-nt, end Suppl-tel T1chnle1I Consultetion . I • • • • - Agreement for Professional Management Services page 2 of 6 3. Plant Acat ini strati on serv ices will be provided by the OPE RATOR for pe r sonnel .. nag-nt, financia l .. nag-nt, and reporting as des cribed below . 1 . Personnel Mlnag-nt -The OPERAT OR will be r es pon s i bl e for organization of the Pl.MT steff for effective plant operation and control, steff evaluation and schedul i ng , and assigning 111 operating and •aintenanc e duties aaong the PLANT staff . The enti re PLAN T sta ff wil 1 l"Mlin 111111loyffs of the CITY and the CIT Y will be solely responsible for hiri119 and firing of plant staf f, an d for all disciplinary actions beyond verbal repriman d. Rec-ndations ,..rc11119 staff discipli ne, hiri ng and firing will be Mcie by the OPEJtATOR to the CITY, u deaed appropr1 ate by the OPEJtATOR for H1 nta1 ni ng effecti ve Pl.ANT operations . b. Financial Nanagaent -The OPERATOR will perfora the followi119 f1nanc1al •111v-t duties for the PLANT : cost evaluation and control, financial analys i s, co s t projections, financial report1119, and authorization of expenditures budgets esteb11shed by the COMHITTEE . Expenditures U..t are over $1,000 and are not within the appropriated Pl.ANT budget aust be approved by the C(IIIITTEE. Unlns othen,ise authorized by the COIIIITTEE, the OPERATOR shall .. inte1n all plant expenditures within the appropriated Pl.ANT budget . Within 60 days of the date spec:1f1ed 1n Section II, I t• 6, the OPERATOR, shall provide the OWNER with a f is cal .. 111v-t plan for the PLMT the peri od of wh ich will correspond to the tera of this Ag,.._t as specifi ed undtr Section II, lta 6 . The fiscal aanav-t plan for the Pl.MT will be approved by the COMMITTEE prior to i apl-ntati on . The OPERATOR shall provide anthly updates of this fiscal plan to the COfl UTTEE which wil l coapare actual ver·sus pla~ expenditures . c . Repo r t i ng -The OPERATOR will prepere a l l NPOES Reports , aonthly status reports , acc1dtftt reports, and a fis ca l .. nagaent plan for OPERATOR S.rvicn, including a aonthly updating . Monthly status reports, both verba l and wr1 tten. wll 1 be presented by the OPERATOR to the COIIIITT EE. Ah o , t he OP ERATOR will subalt techni cal and f i nan ci a l reports for t he PLANT at the proj ec t cOlll)l eti on . The proj e ct coap l eti on report wil l present r ec-ndati ons for future staffing and plant .. nage- aent and a teralnallon plan for tr1n sition betweet1 lhe future di rector of the pl ant and t he OPE RATOR. These rec-nda tions aust be subaitted thrN anths prior to the ttralnation of thh Agrt-nt . In addition, the OPERATOR will conduct periodic -t1n11•, with the PLANT staff to kffp thea info,...d of pertinent acttvfties . Within 30 days of the date specified in Section II, ltea G, the OPERATOR shall provide the OWNER with a project fisca l •nageMnt plan wh ich wtll describe the tasks to be 1ccQ11P11shed f or the OPERATOR's activities, 1 5Chedule for the tis ks, and show the OPERATOR'S proposed l e vel of effort an d associated OPERATOR fNS by aonth and by task . The OP ERATOR shill provida to the COltllTTEE 110nthly updates of this fiscal plan which will coapare a ctua l versus pl1nned OPERATOR accOMpl 1swnts 1i,d upendi tures . 4. Process evalun1on 1nd control services will be provided by th OPERATOR with the l11tent of : co,oplyi119 w th the II POES Pe,.lt, prov1d111g cost effective trea~t. provldlflt an effect ve PLAIIT housekHp1ng and ,. control pro , .. , and effective proceu testing 1nd 1naly1h . • I • • - ,.. • • • • Agreement for Professional Ma nagement Se rvices page 3 of 6 5 . Staff tra i ning progr111S will be provided by the OPERATOR . Staff training will be conducted on I routine basis for all ma jor process equipaent, Pl.MT safecy , and -rgency operations proce- dures. All PLANT personnel will be included in the t rain i ng progra•. 6 . General PLANT Mnag-nt services to be provided by the OPERATOR are : a . Coordination of the prevent i ve maintenance program and equipaent .. 1nten1nce. b . Coordinate operational strategies for 111 ujor process operations and develop new strategies u ~d nece ssary for effective .. nag-t . c. lapl-t 11\Y supplies and spere parts inventory and inventory control progr• approved by the COMMITTEE. d. Coordinate the process testing and control program. e. Develop and coordinate progr-to stimulate active involv-t of Pl.MT pers-1 and i1111rove staff aorale. f . 111111-t an effective housekeeping progr• 1iaed at controlling plant odors, creating clean working condition~. and maintaining 1ttr1ctfve plant buildings and grounds . 7. Furnish suppl-tal engi-ring services, but not including the design services, as deaed necessary by the OPERATOR for -ting the operational Mnagaent needs of the PLANT . 8 . Other technical consulting services to be provided by the OPERATOII are: continued 'coordination of the industrial pre- treataent progr•, wordination of investigations pertaining to NPDES Reporting, design review for plant rehabilitation, coordination of the Stre• StuclY and all other services described in OEMC 's propoul to the CONNITI'EE dated May 12, 1982, excluaive of Section 6 entitled "Optional Suppl-tel Assistance .• Engl-ri ng consulting for Mjor projects or design services are flQt included in this Ag-t. 9. The OIIIER shal 1, at its sole cost and expense , p,.y a ll upenses incurred i n PLAN T ope rations . G. The terM of th is Agl'ffNnt 1s 15 .5 aonths, which will be perfor.d under two sepa rate authodution periods . The first authorization period will begin on Septllllber 14 , 1982 and will utend through Oecllllber 31, 1982 . The second authori zatiOft period wi 11 begin on January 1, 1983 and extend through Oecellber 31, 1983 . The serv1c:es ident i fied in this Agr nt and the total scope identified under ec t1 on II, ltea F will be cont i nued during both 1uthorlutlon periods SECTION II I PROFESSIOIW. FEES A. Coapensation shall be the sua of per di• lebor costs for OPERATOll 's eaployNs and otller direct costs . 8 . Per di• labor billing rates for OPERATOR'S aployNs shell be u follows : Principals (W .F. Owen and W.J . Owen) Operations Spec1t11st (0 .N. Mason) Clerical • S60. 00/llour 40 .00/hour 11 .00/hour I • • r • • - Agreement for Professional Management Services paqe 4 of 6 C. Per diem b1111ng rates cover direct labor , a ll i nd irect co sts and professional fee, i n a total 11110unt to be bill ed pe r hour worked for each category of hbor . Other direct costs include the following whfch shall be bill~d at the actua 1 purchase pr1 ce and on the bas 1s o f usu1 l c011111erci al charges for items provided by the OPERATOR: 1. With prior written penoiss1on froa the COMMITIEE. se.-vices directly applicable to the work, such as special accounting expenses, cOllll)uter usage and progra ... ing costs, special consultants, outside laboratory charges, printing and binding, and siailar costs that are not applicable to general indirect costs . 2 . Identifiable reproduction costs applicable to the "°" such as printing of drawings, photost•tfng, ault11ithfng and printing . 3 . ldentf ffable c-,,.tcatlon expenses, such as long distance telephone, te l egraph, ~•ble, express ch41rges, and postage other than for general correspondence . 4 . Living and traveling expenses of aployNs when ~ froa t./leir ho.e office on business df,..ctly connected with work. fncludfng auto.ob11e travel at current •11eage rate of S0 .21 per •ile . Changes fn Tates sh4111 be .. de only upon 1utllorhed approval froa the COlllmEE . D. Total cOlllpensatlon to the OPERATOR for both periods of 1uthorh1tfon deftned in Section II, Ita & covering 111 Hrvfcts cleftned 111 this Ag,,_t shall not excNd $210,000 without written authorization froa the OWNER . Further, the services provided under the first authorization period defined in Section II, It• G shall not uceed $40,000 lolithout lolr1tten author i zat i on froa the OWNER, and SeiNrate authorization aust be obtained for extending the tena of Ag-t and coapensation through the second authorization period . E. Payaent by the OWNER shall be •de -thly wit./lin 30 days of receipt of 111 invoice lllhtch it•izes the per di• labor costs and other direct costs. SECTION IV llJTUAI. AGR EO.ENT S It 1s autut lly agreed by the ~rties hereto : A. That, execution of this Agre-n t constitutes authorh atfon by the OWNER for the OPERATOR to begin work on the d41te speci f ied in Section II, It• G. 8 . That, the OWN ER shall uke 1v.fl 1ble to the OHMTOR at no cost 1 11 d1t1 in the OWNER's posstssfon, includtng plans and specifications, Pl.Alff perfo,...nct records, Pl.Alff personne 1 records , fi sca 1 records, and other fnfon111tfon required by the OPERATO R rellttng to hts work . C. That, the Ag...-nt rep,..sents the entire uncMl"Stlnding of the OWNER and OPERATOR as to those utters contained herein . No prior oral or lol ritttn understtndlng shall be of any force or effect lolith ,..spect to those .. tteM co vered hereunder . This Ag-t •Y not be modified or altered ucept in wr iting , shin11d by th• jMrt1es . D That, the OPERATOR fs NPloyed to render I profess ional service only and 1ny p1yMnts .. de to hf• are coapensatlon soldly for such services 11 he uy render and rec-dations he uy uke 1n carrying out the work. Th e OPERATOR Nkts no ,..rranty, efthar upreued or 1aplftd, n to his findlnqs, opinfons, r•c-ndatlon, factual prnent1tfont, or profess 10111 l advice other tll n that th-y wro perton.ud In •ccur<l.111 u with uerc1st of skill en d Judg,ient which -ts the sundtrd of ca,.. e•pected of tht enyfne ring profession I • • - • • • - Agreement for Profess 1ona l Management Services page 5 of 6 E. That, the OPERATOR sh a ll not be responsible for failu re t o provide or to delays in providing services here inunder due to circums tances beyond its c ontrol incl ud ing delays in admin istrat i ve approvals, fa il ure of OWNER t o provide informa tion or records , work stoppages or strikes, or delay of action occasioned by personnel und er t he control or super- vis ion o f the OWNER . F. That, the OPERATOR shall not be responsibl e for damages aris i ng out of or directly attri butable to operation or ma i ntenance of the PLANT pri or to the effective date of this Agreement or damages ar ising after the date of this Agreeinent frot11 circU111Stances beyond the control of the OPERATOR. G. That, the OPERATOR will 111int1in books and accounts of payro ll costs, travel, subsistence, field and incidentll expenses . Said books will be available at all reuonable tiaes for ex1111ination by the OWNER at the Cor- porate office of OPERATOR. H. That , t he OPERATOR will •ke every effort to uti 1 i ze CITY and PLANT personnel and fac ili ties to the •xi-extent possible i n the perfol'ffllnce of this Agre-nt . Other than in the case of manag-nt, consultants, or other e1111loyees directly necessary to carry out scope of services, OPERATOR shall not eiaploy additional personnel as currently employed by the CITY at the plant without prior written approval of the COflllTTEE . I. That, any notice required or penaitted to be 91ven hereunder shall be de-d to have been given when received by the party to whom 1t 1s di rected by personal service, hand del ivery, or Un i ted States 111ai1 u follows: To OWNER : To OPERATOR : Office of the City Mgr . City of Littleton 2255 WH t Berry Avenue Littleton, CO 80165 Office of the City Mgr . City of Eng 1 ewood 3400 South Elati Street Engltw00d, CO 801l0 Owen Eng ineeri ng Dnd Mana9-nt Consultants 2900 South Platte River Dr i ve Englewood, CO 80110 Ei ther party may c hange its addres s above at any ti• by written notice to the other . J . Th at , i n perfoming servi c e s under this Agre-nt, OPERATOR shall observe and abide by the tel'IIS and conditions of all appl ica ble laws, regulat inns , ordinances or other rules of the United States, of the SUte of Coloroclo, or any political subdiv ision thereof, or of any other duly constituted public authority or agency . Colorado llw shall govern the interpretation of this Agre .. ient. IC . That, the OWNER 111y suspend or teriainate perforiaance by OPERATOR of 11\Y or all tasks under this A9reeaent by provid i ng wr i ten notice to OPERATOR at least thirty (30) working days pd or to the date on wh1c ER wishes to suspend or tena1nate . Upon such su ~11s 10n or ter,111n1t1011, ER shall pay OP£RATOR t0ffll)enS1t1on e.rned to the effective cS.te of suspens 1 on or teria1 nation OPCRATOR sha 11 not perfono furthc , work under this Agr-nt after the effective due of suspension until rece ipt of wn tten not ice fl'OIII OWNER to re iae perforiaanct . L. Th1t, 1n the event either party of this Ag.--nt Mkes • chi• or brings 1ny action against the other perty for 1111 act 1 r1s1n9 out of the perfor- 1111n,e of this Agre-nt, and the cll1Nnt fa ils to pr'OVI such cll1• or action, then the cl1l111nt she ll p1y 111 legal end other relit d costs and e~penses incurred uy the defend1nt f n de ns of such cl.if• or ,ctfon . M. Thlt, th i s Agre-nt 1s to bt binding on tne s uccessor, a nd a1119n1 of tht p1rtit'S hereto, end 1s not to bt us i gntd by tither p1rty without first obtllning the written consent of the other I • I r • • • • Agreement for Professional Management Services page 6 of 6 N. Th1t, the OPERATOR 1s 1n independent contractor and not an eaployee of the OWNER . 0. That, the OWNER certifies that It his taken 111 1pproprl1te action to duly 1uthorhe the execution of this Ag-,it and a copy of t he appro- priate resolution(s) fl'OII the OIINER fs 1tt1clled . P. At no ti• shall any a9111t or N1PlOYff of OPERATOR be cons1der"ed an e,oployee of the City of Littleton, the City of Englewood, or the COfot4 1TTEE. At no t1• shall any aployN or agent hive 1111 clal• for 111111loyee benefits, C011pens1tlon, or any other r1!1hts COIIIIOllly 1ssoc11ted with gove,..,,..ntal 111111lo}'Nnt 1g11nst the City of Littleton, the City of Englewood, or the COIIIITTEE. Q. OPERATOR shill •lnt11n the followl119 1nsurence ind Mke available for Inspection copies of 11ld notice to CCIMITTEE 1nd shall not Nterhlly change the •-w1 thout 1pprov1 l of the CCNIITTEE. (1) Worlalll's Colllpen11t1on H required by law (Z) 6ener1l Public L11b111ty -Sl ,000,000.00 (3) Personal Injury Ll1bil1ty -Sl ,000,000.00 (4) Auto -Sl ,000,000.00 lleprese11t1t1on for First Autllor1utlon Period ldelltlfltcl 111 Section II, Ita 6 Incl 111oc11ted coape1111t1on def1Md 1n Section ti I, It• D. Ill IIITIIESS IIHEREOf , the parties hereto subscribe the ,_ In tr1p11c1te this fil1 of , 1982 . For the City of Entl~. Colorado IY : 7{N.."""CCT} --------,{ .. f"'ttr,lr-:eT)- For the City of Littleton, Colorado IY : .,,( .... r-="'"1.....--------,( .. f""tt""i"", ... )- For OWefl E.Jlgl11Nrlng .and ..,.,geaetlt Cotls11lt1nts /. . / .,,. IIY : ,,,. ,,,.__ ~ .1..r.._. - 1111 11 .. F. Clwefl, Pres1dellt Repl"tse11t1tlon for Second Authorization Period 1denl1fled In Section II, lls G ind nsochted coapenutlon defined in Section III, It• D. IN WITNESS lltEREOf , the parties hereto subscribe the s-In trlpllc1te thl• ___ dl1 of , 1983 . For the City of E119lewood, Colorado IY : ~1w..--,-------1 .. t"'l""tir-e ... ,-- For the City of Littleton, Colorado IY : 7(N"'-= ... ,--------,("f"IT£i"'e:-,)-- IY : ""{lliit..,.,,,_,..}.--------{"f"fTtlr:f:,-}----- • I • • • • • BY AU'l110RIT'i CRDINANCE NO. SERIES OF 198~2--- A BILL~ 7:J) axJNCIL BILL NO. 39 INTROOUCFD BY aJUNCIL MD4BER r2 11..,'l) AN CRDINANCE APPROVIN:i AN AGREDlE2ff ~ fflE CITIES OF FX.L&«lOO AND LITTµ:'1'00 AND fflE DIVISIOI OF AIJUNIS'mATIOI OF 'ntE COLaWXl DEPAR'n4DIT OF HEAL"ni REPRESENI'ED BY fflE K\TER QUALIT'i CXNI'ROL DIVISIOI TO CCIOJCT A ~SIVE S'mEAM STUDY OF SEXJl4DIT 14 OF fflE SOU'l1i PIATl'E RIVER. ~. the Cities and the Division are concerned about the water quality of Segment 14; and WHEREAS, the Cities of Englewood and Littleton jointly own and operate a wastewater treatment plant; and WHEREAS, the parties seek to determine effluent limitations of the South Platte River; NCW, 'ntEREFmE, BE IT CJUlil.INED BY 'fflE CIT'i COUNCIL OF fflE CIT'i OF FX.lD«JOD, CO~, AS FOLLCMS: Section l. An agreement with the City of Littleton and the Div i sion of hinlnlstration of the Colorado Department of Health represented by the Water ~li ty Control Division entitled •Memorand1.111 of Understanding•, cons is ing of 13 pages, is hereby ratified and approved, a copy of which is attached heret o and incorporated herein by reference as Exhibit •r,.•. Sect i on 2 . The agreement described i n Section l generally descr i be s as follows: a . A Steer i ng Conn ittee is established to oversee the coq>r eh ensive s tream study with the Geological Su rvey, Un ited States Department of Interior conducting the pr i ma ry po rtions the reof. The Steering Conn ittee shall consist of members of the Cities , the Division , and max; and meet at such times as is necessary to monitor the progress of the stream study. The St ring Connitt shall consider the iq>act of all discharges in n 14, revi th preliminary draft of the Cities' permit, and make a r ndat lon concerning the need of the Bi~ity Treatment Plant to go beyond secondary treatment and, if ther is a need to go beyond secondary treatment, to mak a recamiendation concerning the economic cost thereof. b. The Comprehensive Str Study shall consist of a mixing zone and int nsive stream analysis , laboratory study, kly monitoring , and water quali y modeling. The water ~lity Control Division will make san,plings and do field analysis of certain &all1)ling to be done in accordanc with the study. • I • • - • • • • c. The results of the study will be considered by the Steering C011111ittee and will make reports to the Division and the Cities which shall be subject to conient and revision as is necessary. d. The Division shall seriously consider the reC011111endations of the City concerning the study and shall seriously consider the economic impact of the study. Furthermore, the Division shall consider seasonal limitations on anmonia residual chlorine, ~. and fecal coliform. Section 3. The City Council of the City of EngltNO<>d hereby authorizes the Mayor to sign for and in behalf of the City of EngltNO<>d and authorizes the City Clerk-'l'reasurer to attest the same. Section 4. A copy of the foregoing Ordinance and agreement are on file in the City Clerk's office at 3400 S. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982. Published as a Bill for an Ordinance on the 4th day of August, 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-'l'reasurer I, Gary R. Higbee, ex officio City Clerk-'l'reasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and c:aaplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of August, 1982. Gary R. Higbee -2-I • • • • • • IIEMORANOOII OP ONDBRSTAIIDIRG IIITRODOCTIOII The Ci t i es o f Englewood and Littleton (hereinafte r •the Cities•) and the Division of Administration of the Colorado Department of Health, represented by the Water Quality Control Divison, a subdivision thereof (hereinafter •the Divi si on•) enter i nto this Agreement concerning the Comprehensive Stream Study to be conducted primarily on Segment 14 of the South Platte River with two sampl i ng si te s o n Segment 6 of the South Pl atte Rive r . These Segments were designated and labeled as such by the Color ado Wat er Qual i ty Control Commission. This Agreement is author i~ed by and becoaes effective pursuant to the Colorado Water Qua li ty Control Act (hereinafter •the Act•), Section 25-8-308 (1) (e ). the Div i sion (hereinafter •the part i e s •) are concerned a bout the water qual i ty of Sega ent 14 ; and NIIBRBAS, th e Ci t ies j o i n tly own a dome s tic wa s t e wa ter trea t ment plant which currently discharges advanced secondary treatment effluent into Segaent 14 pursuan t to teaporary N.P.D.E.S. Perm i t No. 0032999 issued by the Division. The City of Englewood owns a doaestic wastewater treataent plant which has a discharge per•it application pending before the Division. The Englewood plant is located on the suae contiguous plant site as the jointly ow ned plant and treats a portion of the waste water flow of the jointly EXHIBIT "A" • I • • • • • owned plant. These two plants discharge into the South Platte River within 200 feet of each other and hereinafter are collectively refered to as "the Bi-City Plant": and IIIIBRBAS, the Division is the entity legally respon- sible for processing discharge permit applications and issuing N.P.D.E.S. permits for dischargers within the State of Colorado: and IIIIRJIB&JJ, certain effluent limits for the Bi-City Plant's N.P.D.E.S. permit (hereinafter •the Cities' permit") are currently under review by the Division: and .,,...AS, the intent of the parties is to develop add i tional information to help evaluate the Bi-City Plant's iapact on the water quality of Segment 14 ; and ..,...AS, the State of Colorado is required to hav~ a c o ntinui n9 planning process for water quality: and ~. the parties have met together on s e ver al occa sions to express and accOIIIIOdate each other 's concern s reg a r d i ng t he iap ac t of the Bi -City Plant on Segment 14, how that iapact ca n be d e t e rmined by a s tream s tudy acce ptable to the parties, and how such a stream study would be used by the Division in determining the effluent limitations for th e Cities' permit: and ~. the parties have had an opportunity to review, analyze, critique a nd change the content and scope of the four phases of the Comprehensiv e Streaa Study d scribed herein, and 2 • I • • -• • • IIIIBRBAS, a stream study will help the Division deter- mine effluent limitations for the Cities' permit; and IIIIBRBAS, the Division does not currently have the financial capabilities to fully conduct the type of a comprehensive stream study contemplated herein; and WIIBRBAS, the parties agree that a Comprehensive Stream Study should be conducted to determine the Bi-City Plant's impact on Segment 14. NOlr, TIIBRBPO .. , IT IS AGlmBD between the parties as follows: I. STEERING COMMITTEE 1. A Steer i ng C<>1111ittee will be organized with representat i ve s froa the Di vision, the Cities, and the Denve r Reg i ona l Counc i l of Goverruaents (DRCOG). Th e Ste er i ng Coffllll it t ee wi ll consist of an equal nuaber of re pr ese nt atives fr om the Cit i e s and the Division and one represe n ta t i ve froia DRCOG. In no event wi ll the S teeri ng Committee exceed nine (9) persons: four (4 ) from the Division, four (4) from the Cities, and one (1) from DRCOG . The Div i sion shall be represent d by the Chief of the Di vision's Permit Section, currently Jebb Love, and three other p rsona. 2. The purpose of the Steering COIUlittee shall be to oversee the Comprehensive Strea• Study, described in d tail at Section II of this Agree•ent. Purther, the pur - ) • I • • n • • • • pose of the Steering Committee shall be to allow the parties to critically review the Comprehensive Stream Study while i t i s ongoing and change portions of said stream study while it i s ongoing if the parties deem it necessary. Further, the purpose of the Steering Committee shall be to allow the parties to discuss, and the Cities' representatives to make recommendations regarding, the application of the Comprehensive Stream Study 's results to the process of determining effluent limitations for the Cities' permit and waste load allocations for Segment 14. 3 . The Steering Committee shall meet monthly f rom t he onset of the Comprehens i ve Stream Study for the purposes de scri bed above i n paragraph 2 . The Steer i ng Commit t ee s hall cont i nue to do meet unt i l the Cit i es' permit has been fi na l and effective. Minutes shall be taken at each me eti ng and approved by each o f the par tie s hereto. 4. Dur i ng the cour se of the Comp r ehensive St ream Study, Un i ted States Geolog i c S urvey (he re inaf te r •usGs·) personnel s h all be p r e se n t at the meeti ng s to ex p lain and answer questions regarding Phase 1 of the Comprehensive Stream Study, described below in Section II of this Agreement. The Steering COtllllittee shall review as often as necessary the Coaprehensive Streaa Study while it is ongoing. All questions, problems or rec01111ended alterations shall be raised as they becoa apparent or forseen. If such an event occurs, the parties will aake every effort to resolv the concern in a ti• ly fashion. 4 • I • • • • • • 5. After the USGS has submitted its final interpretive report, the Steering Committee shall thoroughly evaluate and discuss such reported results in relation to waste load allocations for Segment 14 and effluent limitations for the Cities' permit. Further, the Cities' representatives on the Steering Committee shall make recommendations to the members representing the Division regarding such waste load allocations and effluent limita- tions. These recommendations will be discussed by the complete Steering Committee. The Division shall then seriously consider these recommendations in establishing effluent limitations for the Cities' permit and waste load allocations for Segment 14. 6. The members of the Steering Committee repre- senting the Cities may recommend that the Division grant a variance to the Cities allowing the Bi-City Plant to dis- charge without going beyond secondary treatment, if they deteraine that the Bi-City Plant must treat beyond secondary in order to meet the applicable water quality standards and that the benefits to be derived from meeting such standards would not bear a reasonable relationship to the econ011ic cost of meeting such a standards. In such a case, the Division shall seriously consider the recollJllendations of the Cities. 7. The Steering Co11111ittee shall consider and discuss the i•pact of all dischargers on Seg•ent 14. 5 • I • • - • • • • 8. The Steering Committee shall also review a preliminary draft of the Cities' permit which will be sub- mitted to it pursuant to Section III, paragraph 13. of this Agreement. II. TBB COIIPRBBDSIVB STIU!WI STUDY 1. The Comprehensive Stream Study shall be comprised of the following four phases: (1) Mixing Zone and Intensive Stream Analysis. (2) Laboratory Study (3) Weekly Monitoring (4) Water Quality Modeling Bach phase is discussed in turn below. PHASE 1 -Mixing Zone and Intensive Stream Analysis: 1. The Cities will contract with the USGS to conduct Phase 1 of the Coaprehensive Streaa Study and will be responsible for the expenses thereof. The scope of Phase 1 of the Comprehensive Streaa Study is defined in the USGS proposal entitled •south Platte River Waste Assiailation Study,• attached hereto and incorporated herein by reference as Exhibit A. 2. The parties have had an opportunity to review, analyze, critique, and request changes to drafts of the USGS proposal. Exhibit A attached hereto is the result of that process and the teraa thereof are appropriate, acceptable 6 • I • • • • and agreeable to the parties. Phase 1, therefore, will be conducted with the support, guidance and cooperation of the parties. 3. Phase l shall not deviate from the terms of Exhibit A unless the Steering Committee members representing the parties agree that such a deviation is necessary. PHASE 2 -Laboratory Study 1. The Cities will conduct a laboratory study to investigate the effects of different ratios of plant effluent/river water on iaportant properties of the com- pletely mixed blend. Data obtained from this study will be used to predict pH, alkalinity, and distribution of aaaonia species at different points below the Bi-City Plant. These results will in turn provide data for the USGS Model dis- cussed below in Phase 4, to deteraine the relative impact of the Bi-City Plant on Segaent 14. 2. The precise scope of Phase 2 of the Comprehen- sive Stream Study described in general above, is defined in the Cities' proposal entitled •Littleton/Engl wood Labor - tory Study on the Effect of Flow Proportioning Between Bi-City Plant Effluent and Segment 14 River Water,• attached h reto and incorporated herein by reference as Exhibit 8. 3. The parties have had an opportunity to review, analyse, critique, and request changes to drafts of the Cities' proposal. Exhibit Bis th result of that proc as 7 • I • - • • • • and the terms thereof are appropriate, acceptable and agree- able to the parties. Further, the parties approve of the laboratory research being conducted by City of Englewood employees. Phase 2 of, therefore, will be conducted with the support, guidance and cooperation of the Division. 4. Phase 2 shall not deviate from the terms of Exhibit B unless the Steering Committee aeabers representing the parties agree that such a deviation is necessary. PHASE 3 -Weekly Monitoring 1. Phase 3 of the Streaa Study will consist of weekly monitoring to be done by the Division on Segment 14 following the initial Phase 1 monitoring. The weekly moni- toring will continue until the data indicates that continued monitoring would generate data which would not be relevant for purposes of either waste load deterainations or NPDES permit limitations. After deletion of weekly aonitoring, the Division will saaple aonthly until i .. ediately following the second Phase 1 monitoring effort (winter phase). 2. After the second Phase 1 aonitoring effort (winter phase) by OSGS, the co .. ittee will• et to decide i f a repeat of the saapling as conducted in paragraph 1 above is appropriate. If it is the consensus that it is appro- priate, the steps in paragraph 1 will be repeated; if not, aonthly saapling will be conducted through August, 1983. Should the aonthly saapling indicate that conditions exist 8 • I • • • • • which may be important in determining waste loads or NPDES permit limitations, weekly monitoring will be initiated until no longer deemed important. 3. The Division will sample at a number of locations above and below the Littleton-Englewood outfall. These sampling locations are to be chosen by the Division in consultation with USGS and will reflect the best judgaent as to locations which will give an accurate representation of the water quality changes occurring in Segaent 14 due to waste dischargers or natural phenoaenon. 4. The field analyses will be done by the Division with laboratory analyses done by the USGS. S. Methodology and equipment standardization for field sampling and analysis will be in accordance with procedures used in the OSGS study outlined in Exhibit A attached hereto. 6. Analytical results will be distributed to the USGS, the Division and the Cities at the end of each month of sampling. A final SUIIUllary of all data will be distri - buted within thirty (30) days of project completion. 7. The parties have had an opportunity to review, analyze, critique, and request changes to Phase 3. Para- graphs 1-6 above are the result of that process and are appropriate, acceptable and agreeable to the parties. Phase 3 of the Streaa Study, therefore, will be conducted with the support, guidance and cooperation of the parties. 9 • I • • - • • • • PHASE 4 --Water Quality Modeling l. Following data collection from Phases 1-3 above, the USGS will compile and review such data for quality control and then analyze and prepare the data for input into a one dimensional steady-state water quality model. The model will be used to predict the impact of the Bi-City Plant on Segment 14. 2. The precise scope of the aodeling effort is defined in the USGS proposal entitled •south Platte River Waste Assimilation Study•, attached hereto as Exhibit A. 3. The parties have had an opportunity to review, analyze, critique, and request changes to drafts of the USGS proposal. Exhibit A attached hereto is the result of that process and is appropriate, acceptable and agreeable to the parties. 4. Phase 4 of the Stream Study shall not deviate from the terms of Exhibit A unless the Steering Committee members representing the parties agree that such a deviation is necessary. III. '1'118 CITIIIS' PBMIT 1. The Cities will evaluate the DRCOG Urban Runoff Study, other factors that relate to non-point dis- charges, and the most current regional waste load allocation plan developed by DRCOG. This evaluation will be subaitted t o the Steering co ... ittee. 10 • I • • -• • • 2. The USGS will submit to the Steering Committee a draft of its final interpretive report evaluating the information obtained in Phases 1-4 of the Comprehensive Stream Study. The report and the Cities' evaluation des- cribed above in paragraph 1. shall be dealt with by the Steering Committee as described above in Section 1, paragraph 5. 3. The Division shall seriously consider the recommendations of the Cities as discussed above in Section I, paragraph 5. If the Division should decide not to implement the rec0111J1endations, the Division shall discuss that decision and the rationale therefor with the Cities' representatives on the Steering Co11111ittee. 4. The parties agree that based on present knowledge: A. The model used by USGS in Phase 4 of the Comprehensive Strea11 Study is accurate, appropriate, and acceptable. B. The plans for data collection in Phases 1-3 of the Comprehensive Strea11 Study are accurate, appropriate, and acceptable. C. The plans for the Coaprehensive Streaa Study consider the factors critical to th e process of determining permit limitations sufficient to aeet the applicable inatream water quality standards. s. The Division shall seriously consider setting seasonal liaitationa for &11110nia residual chlorine, 8005, and fecal colifora, and using seasonal values for pR in the Cities' permit. 11 I • • - • • • • 6. The Division agrees to meet with the Cities' representatives on the Steering Committee to explain and seek comments regarding the effluent limitations established for the Cities' permit. The Division shall submit a preliminary draft of and the rationale for the Cities' permit to the Steering Committee prior to giving public notice of the Cities' draft permit. Upon such receipt, the representatives of the Cities on the Steering C0111111ittee shall have two weeks in which to recoaaend changes in the draft permit to the Division. The Division shall not give public notice thereof until it has reviewed the Cities' recommendations and the two week period has lapsed. IV. GBWBPAL <XJIISIDIDIATIOIIS 1. Data collected during the course of the Comprehensive Stream Study shall be aade available and accessible to either party upon reasonable request and to DRCOG after completion of the Comprehensive Stream Study . 2. By entering into this Agreement , the parties do not waive or delegate any of the rights or responsibili- ties they have under the Federal Clean Water Act, the Colorado Water Quality Control Act, or r gulations pro•ulgated in furtherance thereof. Purther, the Division • kes no commitaent as to the terms and conditions of the Ci lea' permit, nor as to the weight whi ch the Division will assign to the results of the Comprehensive Strea• Study. 12 • I • • • - • • BJCBCuTBo, this~~ day of May, 1982. A'M'EST: CITY OF ENGLEWOOD BY: A'M'EST: CITY OF LI'M'LETON BY: ATTEST: THE COLORADO WATER QUALITY ~;f;,J~ I • • 13 • • • • • .. • C O U N C I L C O M M U N I C A T I O N DATE July 28, 1982 AG12 ITEM SUBJECT INITIATED BY City Manager Six-Quarter Budget - July, 1982 through Dec., 1983 ACTION PROPOSED Consideration in adoptihg a Resolution of the Six-Quarter Budget - July, 1982 through Dec., 1983 BACKGROUND The Public Improvement Fund (PIF) Six-Quarter Budget process was adopted in the summer of 1973. The essence of the Six-Quarter Budget is that the City has a con- tinuing budget which extends one-and-one-half years into the future. Every quarter, the City Council reviews and analyzes this budget, and if projects are delayed due to unavoidable circumstances, they are dropped back in this budget, while projects ready to go are moved forward. The most current revenue forecasts are used and, if additional funds become available, specific projects could be moved forward and completed ahead of schedule or a new or emergency project could be added. l 9B2 CHANGES Storm Drainage General was increased by $8,000 from the N.W. Fence Relocation pro- ject in the th ird quarter. These funds, along with the balance in that account, will be used to pay for the construction of storm sewer piping in the new Hillside Avenue between Zuni and Tejon Streets. The total cost is estimated at $12,000. Downtown Plan was reduced by $8,000, from $50,000 to $42,000,to fund a like amount needed for architectural expenses in analyzing sites for the Community Center Phase I project. Stt"ee-t .1 Sidewalk Paving Oistl"'ict 128 was reduced by $25,400,from $200,000 to $174,600 in the third quarter to fund the City's share in a negotiated settle- ment in replacing spalling concrete in Paving District 125. There was $30,000 surplus in P.D. 128 following favorable bids which Council had earlier authorized for additional overlay and chip seal. After the $25,400 is applied to P.O. 125, the remaining balance of $4,600 will still be used to chipseal additional streets. • I • • - • • • • • • -2- 1983 CHANGES The third quarter funding was appropriated in accordance with the five-year PIF plan in the 1982 Budget . $447,902 was placed in the Little Dry Creek Project. RECOMMENDATION The attached Resolution awarding the Public Improvement Fund is presented for your consideration . • I • • - • RESOLUTION NO. SERIES OF 1982 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Public Improvement Fund; NCM, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Section l. The following appropriations of funds are hereby made in the Public Improvement Fund: APPLICATIOO OF FUNDS : Storm Drainage General Downtown Plan Street & Sidewalk Paving District #28 N.W. Fence Relocation Coanunity Center -Phase I Paving District #25 Total $ 8,000 c0,ooo> .. (is , .,) :: ~ •<> ) @t II (8,000) 8,000 (~ v ,c{&-0 $ -o- Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1982 Budget of the City of Englewood. ADOPTED AND APPROVED this __ day of---------• 1982 . 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, do hereby certify that the above and foregoing i• a true, accurate and canplete copy of Re•olution No. __ , Serie• of 1982 Gary R. Higb e • I • • - • RESOLUTION NO. 36 SERIES OF 1982 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Publi c Im- provement Fund; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, as follows: Secti on 1 . The following appropriations of funds are hereby made in the Public Improvement Fund: APPLICATION OF FUNDS: Storm Drainage General Downtown Plan N.W. Fence Relocation Community Center -Phase I Paving District 125 Total $ 8,000 (33,400) (8 ,000) 8 ,000 25 ,400 $ 0 Section 2 . The City Manager and Direc or of Finance are hereby au- thorized to make the above changes o he 1982 budget of the City of Englewood. ADOPTED AND APPROVED this day of Eug ne L. o ls , Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Cl rk-Treasurer of the City of Englewood, Colorado, do hereby certify tha th abov and foregoing is a tru , accura e ~nd comple e copy of R solu ion No. ~~~~~' Sri s of 1982. Gary R. Higbee • I • • • - • • 0 SIX QUARTER BUDGET July, 1982 THROUGH De c ember, 1983 EXP. PROJ . APPRO . 1982 TOTAL 1ST 2 ND 3RD 4TH PRQJ. APPRO . BAL . BAL . 3RD 4TH 1982 QTR . QTR. QTR. QTR . ~ !:.!.:.£:.. !:.!.:.£:.. .llil!l!!.!. ~ ~ APPRO . 1983 1983 1983 1983 l. Storm Drainage General $ 406,421 $ 406,421 $ 39~ ,61 2 $ 8,809 $ 8,000 $ 0 $ 8,000 $ 0 $ 0 0 $ 0 2 . Little Dry Creek 3,000,000 2,898,611 1,020,318 1,878,293 130 ,000 194,050 324 ,050 398,300 100,000 0 44 7,902 3 . Downtown Drainage , Traffic Iaproveaanta 180 ,000 150,000 (5) 150,005 16,608 0 0 0 0 0 0 4 . Down town P lAn 1 00,000 97,267 48,703 48 ,564 0 4 2,000 0 0 0 0 5 . Traffic llilproveaenta 85,000 85 ,000 1,816 83,184 0 0 0 0 0 0 0 6. Little Dry Creek Engineering 698,500 698,500 698,500 0 0 0 0 0 0 0 0 7. Street " Sidewalk Paving Diatrict No . 2 8 225,000 225,000 61 224,939 200,000 0 174 ,600 0 300,000 0 0 8 . Road , Br ic!ge 900,000 871,871 525,073 346,798 0 0 0 0 0 281.034 0 9 . Romana Park Repair 7,500 7,500 0 7,500 0 0 0 0 0 0 0 10. Bel leviev Puap Kouae 50 ,000 50,000 69,2 11 (19 ,211) 0 0 0 0 0 0 0 11 . centeMial Park 280,000 278,760 277,390 1,370 0 0 0 0 0 0 0 12 . Bellevi-Stora Repair 5,000 4,500 0 4,500 0 0 0 0 0 0 0 13. H&ndicApped Play llpp&ratua 2 4 ,000 2 4,090 18,599 5,4 01 0 0 0 0 0 0 0 l4 . River Developaent Phan 1 3,84 8,111 3,848,Hl 3,840,522 7,589 0 0 0 0 0 0 0 15 . River Developaent Pbaae II 721.300 395,850 31 5,279 80,571 0 0 0 0 0 0 0 16. River Develq:aent Ph&H III 1.100,000 1,090,9116 966,351 124,635 0 0 0 0 0 0 0 17. Golf Carta 125,000 125,000 120,200 4 ,800 0 0 0 0 0 0 0 18 . Sidewalk Repa ir 30,000 0 0 0 0 0 0 0 0 30,000 0 19 . Handicapped au,p 1,500 0 0 0 0 0 0 0 0 0 0 20 . Piatol Range 32,000 20,000 4 19,996 0 0 0 0 0 0 0 21. Broadvay Beautification 50,000 0 0 0 0 0 0 0 0 0 0 22. North P'ire Station 500,000 0 0 0 0 0 0 0 0 0 0 23. Senior Center Parking Lo 12 48,000 48,000 16,280 31,720 0 0 0 0 0 0 0 24. Ani.Ml control Shelter U0,000 33,000 0 33,000 0 0 0 0 0 0 0 25. NW Fence Relocation 10,000 10,000 0 10,000 (8,000) 0 (8,000) 0 0 0 0 26 . Houaing habilitation 100,000 100,000 0 100,000 0 0 0 0 0 0 0 27. Down Developaent Authority 100,000 75,000 58,603 16,397 0 0 0 0 0 0 0 28. CCIIIIIW\ity Center Phue 1 25,000 25,000 28,486 (3,486) 8,000 0 8,000 0 0 0 0 29 . thane GAi Con veraion )00,000 0 0 0 0 50,000 50,000 0 0 0 0 30. Bridge Repair 60,000 60,000 0 60,000 0 60,000 0,000 0 0 0 0 Jl. Golf CourH C lubhouH P , 80,000 78,950 160 78,790 0 0 0 0 0 0 0 32. EDIIII alkthru -.... t dde 120,000 115,000 20,300 94,700 0 0 0 0 0 0 0 33 . Pavi"9 Diatrict 125 26,000 0 ll !ll) 25,400 ___ o 25,4 00 ___ o ___ o ____ o 0 !131 48, n2 s11 1n2,121 1a,•2J,476 11,398,851 $)80,000 $)04,050 f684,050 091,)00 f400,000 pu,034 f447, 02 • GRANO TOTAL • • • • • C O U N C I L C O M M U N I C A T I O N DATE Jul 29 1 INITIATED BY ACTION PROPOSED AGENDA ITEM SUBJECT Cost Allocation Plan Cit City Council approve by motion authorizing City Man a ge r to enter contract with David M. Griffith & Associates, Ltd., for per form - ance of a Cost Allocation Plan fort Cit of En lewood. Introduction The City of Englewood currently provides many services related to various federal grants and for our enterprise operations (water, sewer, golf course, etc .). Federal regulations provide that local governme nt will be reimbursed for any such costs. Also, we attempt to make a n educated guess as to support operations for the enterprise funds and charge those back accordingly each year. Current Status Earlier this year we were approached by the firm of David M. Grif fi and Associates, Ltd., which has opened an office in the Denver metro- politan area to provide a cost allocation plan for the recovery of many of our overhead costs from grants and enterprise operations. We do this as best we can now, but our system is not very sophis ticated, and we are probably, in the estimatation of our Finance Department , missing the opportunity for collection of these funds . Enclosed is a proposal from David M. Griffith & Associates , Ltd ., to provide this service for the City of Englewood based upon a maximum fee of $7,500 . The fees will be due only if it is demonstrated that the firm has been able to recover for the City an amount in excess of their fees. In other words, if they successfully recover more than $7,500 the first portion of that will be paid to them for their fee. If they do not, no fee is owing to them . Our Financ Department estimates that we would probably stand to get reimbur din the amount of $30-$40,000 through such a review and reco11111 nd its approval. • • I • • - Page 2 July 29 , 1982 Agenda Item 8(c) Recommendation • • • We recommend that the City Council approve a motion authorizing the City Manager to enter into a contract with David M. Griffith and Associates, Ltd., for performance of a Cost Allocation Plan for the City of Englewood. pc • • .... I • • • • • dmq DAVID M. GRIFFITH AND ASSOCIATES, Accounting Specialists to Government SUITE 4008, 3501 MacARTHUR BLVD. /RV/NG, TEXAS 75062/(214) 659-1385 May 12, 1982 Mr . Andy Mccown City Manager 3400 South Elati Street Englewood, Colo r ado 80110 Dear Mr. Mccown : !, C/) -195J .:;~•; 11" I , .... -"""""-. Thank you for the opportunity to meet with you on Thursday, May 6, 1982, to discuss central service cost allocation plans. Based upon our brief discussion of such a plan for the City of Englewood, the enclosed proposal has been developed for your review. LTD. The City of Englewood spends considerable dollars of local monies to provide such services as purchasing, personnel, accounting, payroll, space, etc ., to various Federal grants and enterprise operations . The Federal government may pay its fair share of the local government's cost of providing these services . This opportunity on federal program s arises from the publication of Office of Management and Budget Circula r A-87, which provides fo r the reimbursement to local government s of suc h costs . With local dollars be i ng an i nc reas i ngly scarce resource, many ci t i es have adopted a ph i losophy that users of enterprise acti vi t i es should pay for those services as opposed to the serv i ces being funded from pr operty tax revenues . Many ci ties are currentl y develop i ng su ch plan s and wi l l r ecover sub s tantia l s ums of money due them . The Ci ty of Eng l ewood ha s previou sl y deve lope d a cost all ocati on plan for the recovery of ma ny overhead cos t s from its enterprise op erations . Like other municipalities in these aus t ere times, t he City s eek s to increase cash fl ow into its general fund. David M. Griffith and Associa t es, Ltd. proposes to prepare a cost allocation plan and increase revenues from it to the general fund. We believe that our Firm's knowledge and expertise in the cost allocation field will substantially increase the amount of dollars the City can claim from the various users of the general fund departments. David M. Griffith and Associates is uniquely qualified to assist the City of Englewood in your in direct cost reco very program. Our Firm ts the only firm in the country which is solely de dicated to develo ping cost allocation plans. As such, our Firm currently serves over 650 local governments in t wenty states. In Texas, we are engaged by th Cities of Austin, Abilene, Arlington, Corpus Christi, Fort Worth, Grand Prair1 , Garland, and Lubbock to develop their cost allocation pl ns • • I • • - • dmq Mr. Andy Mccown Page 2 May 12, 1982 • • • Enclosed is a formal proposal to complete cost allocation services for the City of Englewood. In it, our Finn proposes to complete the following tasks : 1. Prepare a city-wide cost allocation plan including full costing of all enterprise fund activities. 2. Negotiate its approval with Federal and state authorities. 3. Assist in preparing the reimbursement claims. 4. Monitor recoveries du~nf-the initial year. David M. Griffith's staff will accumulate and analyze all data that is required. The client is not expected to provide any staff time to the consultant. No time sheets will be required nor will any accounting methods or records need to be changed. Our only requirement from the staff of the client is that they provide liaison. We must be provided with access to accounting and payroll records. Upon completion of the plan, our fees will be due only if it demonstra tes that you recover from our plan an amount in excess of our fees, above the methodology used in your current annual financial report. Under this arrangement, no fee is paid unless the City recovers funds as a result of the plan developed . David M. Griffith and Associates is paid one-half of the increased recoveries up to the maximum fee amount of $7,500. The f ee is based on the population of the City of Englewood (30,021). The fee amo unt has been detennined based on a high level of participation in the program by hundreds of local governments. Under the contingent fee arrangement, the services of o,«; cost the City no net local funds. Enclosed is a sample plan our Finn prepared for tlie ~y""ci'f"Grand Prairie, Texas. I will contact you next week to clarify any questions you may have reg ardi ng the proposal. David M. Griffith and Associates looks forward to being of service to the City of Englewood. Sincerely. ~(U.At.: "'?'~ tf....-e,;p::_ Harrison S. Reed. III Senior Associate HSRdt Enclosures I • • - • • • • AGREEMENT TO PROVIDE PROFESSIONAL CONSUL'IUG SERVICES FOR THE crrY OP ENGLEWOOD, COLORADO THIS AGRBEIIBNT, entered mto thlS day of , 1982, and effective immediately by and between David M. Griffrtnand Associates, Ltd. (hereinafter called the "Consultant") and the City of Englewooo, State of Colorado (hereinafter called the "C ity"), WffNBSSETH THAT: WHEREAS, the City has programs which it operates with outside funding , a nd WIIBRBAS, the City supports these programs with support services paid t rom City appropriated funds, and WHEREAS, outside users will pay• fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the Consultant is stanea with personnel knowleogeable and ex- per1encea m the requirements of developing and negotiating such governmental c ost allocation plans, and WHEREAS, the City desires to engage the Consultant to assist in developing a plan which contorms to Federal requirements and will be approved by their rep- resentatives, NOW THBREPORB, the parues hereto mutually agree as I ollows: 1. E•~-t of ComultanL T he t,;1ty agrees to engage the Consultant and t he C onsultant reby agrees to perform the follow i ng services. 2. ~ or 8ervleeL The C onswtant s hall do, per1orm , and carry out m a good and pro essi onal manner the follow i ng services: A. Dev elopm e nt 01 a c entral services cost all ocation plan wh ich 1dentil'1es the various costs incu rred by t he Ci t y to support and a<lm1 nister non -gene ral f und programs. ThlS plan will con t ain a determ1nat1on o f the aliowable costs of providing each supporting service, such as purchasing, legal counsel, disbursement processing, etc. B. Negotiation of the complete<l cost allocation plan with the appropri a te Federal representatives. C. Assistance in preparing the initial claims to the outside users for recovery 01 fundS due the t;1ty. Consultant will momtor the progress or claim to insure the City receives recoveries due it. • I • • - • • - 3. Time of Performanee. The services to be performed hereunder by the Consultant shall be 1.S1dertaken an<1 completed in such sequence u to usure their expeditious completion ana best carry out the purposes ot the agreement. All services required hereunder shall be completed within six months of the date the contract is signed by both parties. 4. Com~tion. The City agrees to pay the Consultant a su m not to exceed Seven Thousan Five Hundred Dollars (7,500 ) for all services required here in, wiiich"shall include reimbursement for expenses Incurred. Consultant agrees to complet e the project and all s ervices provided herein for said sum . s. llethod or PaymenL Payment will be made by the City to the Consultant from !Wida identified u recoverable in an amount greater than the recoveries t ha t would result in using the City's prior ye¥'• methodology and the central services, up to the maximum amount agreed upon in Ctlr'*tt1lph 4. Should the City stand to recover , due solely to the plan , an add i ti onal amount le• than the amount needed to satisfy Consultant's fees , then Consultant's fee is limited to the amount of those additional identified recoveries. 6. ~ The City may, from time to time, require changes in the scope of the servieesothe Consultant to be performed hereunder . Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated In wr itten amendment to this agreement . 7. a.nteea and Matatala to be Plll'Dllhed by City. The Cit y s hall fu mish t he Consultant with all available necessary information, data, and mater ials per tinent to the exeeutJon ot th• ecreement. The C ity s hall cooperate with the Consul tant m carry,111 ou t the work here in, ancl shall provide a<lequate staff for li aison wit h the C onsultant and oth• age nc ies 01 C ity govemment. 8 . T•mination of ~m•t for ea ... If, throuch any cause, the Consultant s hall f ail to f ulfill in tim elyai1 proper manner his obhption 1.S1der this agreement , the City shall there upon have the r ight to termina t e this agreement with or withou t cause, by ipvi111 wr itt en no tice to t he Consultant of such t ermination and specifying the effective date thereof, at least five (S) days before the effective date of s uch termination. 9. Infor mation and a~ The Consultant shall, at such time and in such form as the City may require, umh such periodic reports concerni111 the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Coiwultant shall fumilh the City, upon request, with copies or all docum.,ll an d other materials prepared or developed In rela tion with or as part of the project. • I • • • • - 10. Reeordl and lnlpectionL The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 11. Aeeompllahment of ProjeeL The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a IOWld economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps u are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 12. Provllllona ~ Certain Walwwa. Subject to applicable law, any right or remedy which the Caty may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgment of the City, this contract, u so modified, will still conform to the terms and requirements of pertinent laws. 13. llatters to be ~ The titles of the several sections, subsections, and paragraphs set forth an thas contract are Inserted for convenience of reference only and shall be disregarded in construing or Interpreting any of the provisiom of this contract. 14. Complet-of Contract. This contract and any additional or supp- lementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the slbject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 15. City Not Oblipted to 'ftlird Parti-. The City shall not be obligated or liable hereunder to any party other than the Consultant. 16. Wbm JUchta and ...... Not Waived. In no event shall the making by the City of any payment to the Consultant constitute or be construed u a waiver by the City of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the City while any such breach or default exists shall In no wise impair or prejudice any rist,t or remedy available to the City In respect to such breach or default. 17. P.......i. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agree men . Such personnel shall not be employees of « have any contractual relat.lonshlp with th Ci ty. All of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged In the work shall be fully qualified to perform such services. 18 . Comultant Liability U Audited. The Consultant will .. ume all financial and statistical information provided to the Consultant by City employees or re- presentatives la accurate and complete. Any sublequent dlaallowance of funds paid to the City Wider the plan ii the eole responsibility of the City. Consultant will, howeve r, provide asalstance to the City should an audit be undertaken of City Indirect costs. PIiie 3 I • • - . ' • • • • • • 19. Notices. Any notices, bws, invoices, or reports requirea by this agreement shall be sufticient if sent by the parties hereto in the United States mail , postage paid, to the aaaresses noted below: City of Englewood 3400 South Elate Street Englewood, Colorado 80110 David M. Grifllth and Associates, Ltd. 666 Dundee Road, Suite 602 Northbrook, Wtnois 60062 IN WffNBIIB WBBllBOP, the City and the Consultant have executed this agree- ment as of the date first written above. Attest:. ________ _ City of Englewood By: (C1._ty~o-r-r-ic~ial~)-----~---~ David M. Griffith and Associates, Ltd. ~~~~~ • I • • - • • • • ··------------------::::::::::~~~~~ I • I I I I I • C O U N C I L DATE August 2, 1982 , .. C O M M U N I C A T I O N AGENDA I TE M .. _ .. ,,,,.. SUBJEC T APPOINTMENTS TO LIQUOR LICENSING AUTHORITY INITIATED BY __ c_1_· t_;y_M_a_n_a_;g;_e_r ___________________ _ AC TI ON PRO PO SED __ c_o_u_n_c_i_l _c_on_s_i_d_e _r_m_a_k_i_n_g_a_p_p_o_i_n_t_m_e_n_t_s_t_o_v_a_r_1_· o_u_s __ _ boards and commissions, specifically the Liquor Licensing Authority. There are two appointments on the Liquor Licensing Authority which will expire August 4, 1982. ThOSl' presently serving are OOliALD J. STY\ES and R. L. LUNDERS. Both members have indidicated their desire to be reappointed, and there letters aTe attached. A review of the applicant file maintained in the Office of the City Manager indicates that only one individual has specifically requested to be considered for the Liquor Licensing Authority -DALE DURAN, 3151 South Corona (presently serving as a member of the Court Advisory Committee). There is one other application in the file which does not specify a particular board -BILL BEIER, 3167 South Bannock. For your additional information there also exists two other vacancies : one on the Election Commission expiring January 1, 1983, and one on the Retirement Board expiring January 1, 1984. Council 's direction in these matters will be appreciated. I • • - • • June 25, 1982 Mayor Eugene Otis Englewood City Hall 3450 So. Elati Englewood, Colo. Dear Sir: • • • RECE I VED JUN 2 8 1982 CITY MANAGER 'S OFFICE ENGLEWOOD I am in receipt of your notification that mv term on the Liquor Li censing Authority expires in August. I would be very pleased to again serve on the Liquor Licensing Authority. I found mY tenure to be very interesting as well as gratifying. _sgs;~~~,,~~ Don Styes '--'~ Chairperson, L.L.A. I • • I r:i • City of Englewood June 14, 1982 Mr. R. L. Lunders 3000 South Washington Street Englewood, Colorado 80110 Dear Mr. Lunders: • • • 3400 S. Elatt Street Englewood , Colorado 80110 Phone (303) 761 -1140 As I am sure you are aware, your term of office as a member of the Liquor Licensing Authority will expire August 4, 1982. As Council will be interviewing candidates for this and other vacancies on various boards and commissions, we are interested in knowing if you intend to seek reappoint· ment. Could you please advise us in the near futur11 of your desires in this matter. Sincerely, a: .,; ,:C--cr 4· /( ~~ EUGENE L. OTIS Mayor pc cc: Andy Mccown, City Manager Donald J. Styles, Chairman, L.L.A. Gary Higbee, ex officio member, L.L.A. E(,··v -L \ r .• ·, ,. \.IL. L, J CITY MAN,t ;·n·s c:-rrc EN GlEViO OD -·--· --~---· ---· ---· ------------------ I • •