HomeMy WebLinkAbout2009-10-05 (Regular) Meeting Agenda Packet•
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Agenda for the Regular Meeting of the Englewood City Council Monda y, October 5, 2009 i:30 pm fnJll(",ood C,"c Cenler • Council Chambers 1000 Englewood Parkwa) Englewood. CO 80110
t.,11 11, Clrc1,,,
, lmnc.uion
3. Pledge 01 Allegiance.
4. Roll Call.
5. Considera110n o, Minutes or Previous Session .
a. Minu les from 1he Regula r City Council Meeti ng of Seplembe r 21 , 2009 .
6. Recogm hon of Scheduled Public Comment (Please limil your presentahon 10 len minutes.)
7. Recognilion of unscheduled Public Comment (Please 6rrnt your presentation lo five minules.
Time 1or unscheduled public comment may be hmi1ed to 45 minutes, and i(Lrrnled, shall be
continued to General Discussion.)
8. Commumcations. Proclamations, and Appoin1men1s.
a. Proclama tion declaring October 18-2 4, 2009 as Nationa l Save fo, Relirement Week.
b. Proclamation p,ocl.-,immg October as Domestic Violence Awareness Month in the Oty or
Englewood.
9. Consent Agenda Items.
a. Approval of Ordinances on First Reading
Council Bill No. 44, Recommendation from the Public Works Department to adopt a
bill fo r an ordinance authorizing a •gran1 e,f easement• lo Public Ser\ice Compam
of Colorado/Xcel Energy to insta ll under ground con duit fo r electri cal service at
1074 West Dartmouth A,enue. STAFF SOU RCE: Dave Henderson, Engineering
Capi~ Project.s Adminillrator.
PletlSt' no te: I( you havt a d1St'\bil11\ and need i\Ul(ih,,ri aids o, se,vice1, l)lt',1se notlty du• Cl~ o( Engle\\OOd
,JOJ.76:?•2 •0S1 at least -18 houn. In achilnciP or .... nc.-n 5eMCes are neie~
[ng.lc-,,onrl C1" louncil Attend,1 OclOl.,ri.!OO'l Pag, ~ b. .-.,,p.o,al oi Ordinances on Second Reading. Council Bill No. 37, au1horiz1ng a License ior 1he CilV Dilch crossing agreement and a Temporary Cons truction Easement (or the Installation or a garden bridge crnssff1g the CII\ Ditch at 3700 South Ogden S1reet. •· Council BIii No. 39. appro,1ng the License -Cabin Meado\\ l ransmountNn
Diversion P,pe Crossing Agreement.
c. Resolutions and Motions.
Recommendation from the Littleton/Englewood Wastewater Treatmenl Plant to
approve. by motion, the purchase of one nEW manure spreader. S1aff
recomm ends awarding the contract to Kuhn North America, Inc. rn the amount of
$67,5 98.07. STAFF SOURCE: St.wart H. fond.\ Utilims Director and Jim
f allen~ O~rations DNi1lon Manager.
10. Public Hearing Items I Please limit you, presentation to five minutes).
a. Public Hearing 10 gather Input on a proposal to recommend to the City Manager the
setting of specific off~eash hours for dogs for Jason, Centennial Duncan, and the
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Northwest Greenbelt parks to be effective lanuary 1, 2010. Specifically: March 1 through •
October 31 -off~eash hours from 6:00 am 10 9:00 am and 7:30 pm to 11 :00 pm; and
November 1 through Februa ry 28 or 29 -off~eash hours from 6:00 ~m 10 11 :00 am and
4:00 pm to 11 :00 pm.
(The off~eash proposal will br voled on al 1he October 19, 2009 City Counci l meeting.)
11. Ordinances, Resolutions and Motions
a. Approval oi Ordinances on Fi rst Reading.
Council Bill No. 45 -Recommendation from the Depa rtment of Finance and
Administrative Services 10 adopt a bill for an o rdinance approving the 2009 MiU
Le,1 for coffection in 2010. STAFF SOU RCE: frank Crygf,wlcz, Director of
Finance and Admlnistntive Services.
Ii. Council Bill No. 46 -Recommendation from the Department of Finance and
Administrative Services 10 approve a blll for an ordinance adopting the 2010
Budget for the City of Englewood. STAFF SOURCE: Frank Cryglewicz, Director
of Finance and Administrative Services.
ill. Council BIii No. 47 -Recomm~ndation from the Departmenl of Anance and
Administrative Services to approve a blH for an ordinance appropriating funds for
the '-010 Budge! for the City of Englewood. STAFF SOURCE: Frank Cryglewicz,
Director of Finance and Administrative Servi ces.
~-noto II you t..,, • di..t.U~ ,nd need •u~Mary aid, or seMces, pleas, nobly the Ory of fngltwood
IJOH62-24051 a, 1,,m 48 hourt 1n ,1d\.u,ct ol "ilfn ""'«' •••-.
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Engl,\;ood Col\ Council Aseoda OclObo,5:!009 P•~• l ;, . Council Bill No. 48 -Recommendalion lrom 1he Deparlment 01 Finance and Adminislrative Services 10 adopt a bill for an ord inance approling 1he 2010 Budge! for lhe L111le1on/Englewood Was1e-.,a1er Trea1men1 Plant STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Semus. v. Council Bill No. 49 -Recommenda1ion from 1he Depar1ment of Finance and Adrr,lnistrative Services 10 adopl a bill for an ordinance appropriating funds ior lhe
2010 Budget for"" Llttleton{Engle-.vood Was1e-.,•a1er Trea1men1 ~nl. STAFF
SOURCE: frank Gryglewicz, Director of Finance and Administrative Services.
b. ApprO\·a l of Ordinances on Second Rea-:'ing.
C.
Council Bill No. 42, as amended, amending TIiie S IBusmess and License
Regulalions) of the Engle,vood Municipal Code by the addition of a new Chapler
22 periain ing to Medical Marijuana Primary Care-Givers .
R. Council Bin No. 43, amending nue 7 , Chapter 60, Section 12 0 1 lhe Englewood
Municipal Code entitled Possession of Mariiuana Prohibited penaining to
enforc,.ment.
Resolutions and Motions.
Recommendation from 1he Finance and Adm lnis1ra1ive Services Oepanment to
approve a resolution establishing licensing fees for Medical Nlarijuana Primary
Care-Give,.. STAFF SOURCE: frank Gryglewia, Dioutor of Fina nce and
Administrative Services.
II. Recommendalion from the Communily Developmenl Departmenl lo approve a
resolution aulhoriz,ng lhe Community Development Blodc Gra nt Program
Application for the Year 2010. STAFF SOURCE: Harold J. Stitt. Community
Planning and Housing Coordi~tor.
iii. Recommendalion from lhe Community Development Departmenl 10 approve a
resolution clarifying signing aulhority for the Neighbomood Stabihzabon Program
Grant STAFF SOURCE : Harold J. Stit1, Community Pbnning and Housing
Coordinator.
i\'. Recommendatior from lhe Human Resources Oepartmenl to adop1 a resolut,on
approving a Memorandum of Understanding amend ing 1he Collect,ve Bargaining
Agreement between th e Engl ewood Poli ce Benefit Association and th e Oty o(
Englewood regarding employee contribulions for insurance premiums In 2010.
STAFF SOURct: Sue bton, Director of Human RHO urns.
I'. Recommendation from the Human Resources Depanment to adopt a resolu1ion
approving a Memorandum of Underslandlng amending the Collective Bargaining
Agreement betwee:i lhe Englewood Firefighter. Assodation and lhe Cily of
Englewood regarding employee conlributlons for insurance prem,ums in 2010.
STAFF SOU RCE: Sue Eaton, Director of Human ReS<..1rres .
Please nole: If }'OU ha,e d disability and ne,..d ,1ul<ili;,1ry ~Ids or sel'\~Ces, pie.au no tl ty the C1f\ of Englewood
303-7 62 -2405 1 ,u least 48 hours in advaoc., 01 when sc~ices are oeeded
Engle\, ood Cit) Council A.genct.1 Oclober 5. ~00Q P•.l~~ vi. Recommendation from the Human Resou rces Depa rtment to adopt a resolution approving a Memorandum of Understanding amending the Collectil e Bargaining Agreement between the Englewood Employees Asrociatoon and the 01) of Englewood regarding employee contributions for insurance premiums in 2010. STAFF SOURCE: Sue Eaton, Director of Human Resources.
1 l . General Discussion.
,. Mayor's Choice.
Bicycle and Pedestrian Bridge Ded,cat,on on October 17th.
b. Council Membeis' Choice.
A resolution recommending to the City Mana ger of the City of Englewood,
Colorado the establishment of a Temporari SuSpfflsion or Moratonum on the
enforcement of select provisions of the Englewood Municipal Code 2000. the SiSII
Code, pertaining to Banners and Portable Signs for a period of four months,
13. City Manager's Report.
14. Oty Attorney's Report.
a. Motion to settle Jefferson County District Coun Case No. 2008-C\15163 -Norkoll vs. 01)•
of Englewood for $20,000.
15. Adjournment.
The following minJtes were transmitt ed to City Council In September, 2009.
• Board of Adjustment and Appeals meeting of August I 2. 2009
• Culturnl Arts Commission meeting of Ju ne 3, lul}• 1. and August 5, 2009
• Code Enfc,cement Advisory Committee meeting oi July 1 S, 2009.
• firefighters Pension Board meeting of February 12, 2009 .
• Keep Englewood Beautiiul Commiss ion meeting of August 11, 2009
• Parks and Recreation Commission meeting of June 11 and August 13 . 2009
• Planning and Zoning Commission meeting of August 18. 2009 .
• PoUce Officers Pension 'loard meeting of Februari· 12, 2009.
• Water and Sewer Boar ,ieeting of Ju~• 14, 2009 and Telephone Poll of August 1-, ~009
Pl<,.,. nooe If jOU h,v,, • di5.lbiit\ ilnd nttd ll<NUI) ild< or -,ca. pl,,s, noli11 1h, Gt\ o( Engle,.ood
rlOJ-"'62-2405) a1 least -18 hours ln ad\.an" of when services are nttded
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Septem ber 21 , 2009 DRAFT
The regular meeting of the Englewood City Counctl was caned to order by Mayor Woodward at 7·36 pm
2. Invocation
The mvocation was given by Council Member McCaslln
3. Pledge of Allegiance
The Pledge or Allegiance was led by Council Member McCashn.
4. Roll Call
Present
Absent.
Counci l Members Jefferson. Moore, Penn, Oakley, Mccasli n, Wilson.
Woodward
None
A quorum was present.
Also present City Manager Sears
City Attorney Brolzman
Deputy City Manager Flaherty
Deputy City Clerk Bush
City Clerk Eltis
Director Gryglewicz. Finance and Admilistralive Services
Director Fonda, Utilities
Oirector White. Community Development
Deputy Police Chier Collins
5 Con1kleratlon of Mlnllln of Previous Snslon
(a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 8, 2009.
Mayor Woodward asked If there were any corrections or modifications. There were none.
Vote results :
Mobon camed
Ayes Council Members Penn. Mccaslin, Moore , Woodward . Jefferson,
Wilson.Oakley
Nays: None .6 Recognition of Scheduled Public Comment
(a) Jerry Furman. an Englewood resident, said the thing Is we don't have anything to show our
proof that we have fine military peop le in the City or Englewood. I went to the hbrary to gel the information, and
why we don't keep up on dales of our fallen people to memorialize them? And Wf'. need lo memorialize our
fallen military and war people because they prolecled our City and helped us through battles and sluff and we
don t have anylhong to say, like the Purple Heart thing So it doesn'I have the names or the mllit~:y people who
\ ~ll7a'vt$'H) Council Se~tenlb\~~,009 Page 2 gol the PulJlle Heart or the names of those who died for servmg our C,ty of Englewood I counted 52, because I went through lhe library al Ftlogan com and got all my onformaoon And nght now, I don't see nobody's name or hear anybody's name only one person and lhat Is Edward Penn And whaI I th,nk whal we could do Is start a thing though , If we do tha t. the veleran tf I name him for a veteran, and I can I figure out what the terms would be for rt And the thong Is we need to honor our ve1e1ans more because they protected our hves ond protected everybody who ,s here nght now Mostly because Randy Penn lost hos brother who fought ,n the Vietnam War I dldn I even know about that un1,II talked lo Bob McCashn and Douglas I can't get h,s last name out told me about h,m. What I think ,s that what we need to do Is honor all by g,v,ng ,nformat,on out
was hard lo r,nd th,s Informat10n I think we need to get 10 know who we lost If 11 was a family member of
anybody up here . would you want your fam,ly member to be honored? I think 11 would be ~ yes. So nght now
we don't have anything to honor any of our f,ne m"1tary or pobce officers Actually, we need to know who falls In
the line of duly to say thank you to the family who lost a loved one And I think we do need to do thal because rt
,s part ol our htStory and we are los,ng 11 daJly .. because the Ubrary doesn't even have It .any information aboul
any of our fallen m,I,tary people Thank you. Bye
Mayor Woodward said thank you Jerry
Recognition of Unscheduled Public Comment
(a) Stacy Stevens Crane, an Eng lewood resident. said good evening I am here tomghl to
represent the many people who beheve ,n the Englewood summer drama program There ,s a famous saying
lhat I am sure you have al l heard 'the show must go on' We beheve that and plan to do whatever rt takes to see
that happen This program began In 1966 under a man named Jack Fisher, who we now remember and honor
with the name on the Englewood High School auditorium He wanted to start a summer show so that the
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children of Englewood could be exposed 10 the art of the theater and be excded and knowledgeable members of •
111'5 program when they reached high school In the 44 summe rs that have fo llowed, it has grown Into
something more than that If the program ends, 11 w,11 leave not only a hole ,n the Englewood commumty but ,n
the Denver metro community as a whole There Is no other progra m that we know of ,n the Grea te r Denver
area where the only requirement for being ,n the show Is your deswe to be a part of the show That's ltl
However, for salety and matunly reasons the kids have to be al least 7 Other than that, 11 does not mailer what
club you belong 10, rehg 1on you practice, how well you can sing or how many years of dance lessons you have
taken If you have a desire to be a part of the show, you will be a part of II. This ,s a family that accepts anyone
willing to work for the good of the family. There are people that jOln th,s program that dlSCOver talent and
dedlcatK>n that they never knew they had There are others that take those talents that lhey already have to
new he ights Then there are the kids, The ones that Jack F',sher started the program for They have a love and
a pass,on for th,s program that we. as adults . often Just can't fathom They start looking forward to the next
summer show the moment the old one ends They look al many of the teenagers and adults and staff as people
lhat they truly admi'e as heroes even This program teaches kids and adults that we can share a common
goal Thal we can work together and actuaRy have a lot of fun doing It Oh, and they don't really minu that rt ,s
a lot of hard work and sweat because they are active, Involved and doing what they love lo do: singing,
dancing, acting, painting, bu ilding sets and learning a new craft What other program offers this wonderful
opportunrty to our youth and old ahke? This connect10111s not found ,n many places these days . The
Englewood Summer Drama Program represents great memones for me and my family Nearly 25 years ago. I
pned the summe< drama program and feH ,n love with it Four years ago, I cama back and was able to share 11
with my daug l1tars, who also fell In love with the program One I am sure that they wdl hold dear to lhelt heat1s
and will share memories with theu children 11,s a great program In which all ages come together and work as a
team Where 100 lndIvlduals can put a show together 1n two months lime. proves hard work, dnve, ded,cabon
and devot,on which I believe we would encourage ,n au of our children I have been a c,tizen of Eng lewood
cornmumty for almost 40 years and my family has resided here s,nce the 1930's We have experienced the nse
and fall of C1nderena C~y. the closing of Conderella Twin dnve-m and Flood Middle School, formerly known as
Englewood Senior High The more that closes, the less likely people will move here and spend thew money •
here As each estabhshmenl closes, the more our c,t,zens tend to look for other options for schoohng and
shopping venues Where does that revenue go? Not Eng lewood History has made this City what II Is and
broughl a community here to live where they can bong up the1t fam,hes in a loving, caring community
Englewood has seen many declines throughout the years but ,f we close every program, we w,11 have nothing
!or our future c,t,zens nor will we be able 10 keep Englewood a growing community We truly believe that this
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Englewood City Council September 21, 2009 Page 3 program needs 10 conbnue . We want to do whatever 11 takes and we want the Crty 10 sbll be a part or Il II will make the JOUrney lo each summer easier We understand that balancing a budget ,s not easy In the past two years, we have gained a lot or ground to balancing our budget and have plans toward achiev,ng that goal this year We hope you will reconsider the cutting or the Englewood Summer Drama Program We look forward to Its reaching its SO" year ,n 2015 and going beyond that as well 11 ,s wrth our deepest hope that you wlll find a way lo help make that come true Thank you for your consideration
Mayor Woodward said thank you There was applause
(b) Don Seymour, an Englewood resident said now you all know where I live, right? You better not
gel rid or the summer prog ram , I know where he lives ror sure and the rest of you, I can figure 11 out Wei you
know, first flyer doesn't have a chance, you know I mean she has been with II 25 years, right? I have been
with It 35. My boy was one of the Fisher kids , my oldest and I'm not sure about my daughter I had three kids
go through the program I've been ,n the program
Council Member Moore said Your Honor, do we wanl this testimony in the Public Hearing? These are budget
Issues and we are having a Public Hearing tonight. so I would rather have the budget Issues come under that
agenda ~em if there is no problem shi1lwlg to thal
Council Member W~son said I thought we were doing the Unscheduled Publ,c Comment.
Mayor Woodward said we are but these are talking about budget questions and ff .. John , ff you want to go on
Council Member Moore said if these are budget comments, would they be better off under the Public Hearing
section? He said I would rather have ... once we set something up ror a Public Hearing, Its best that we collect
informa t1011 under the Pubric Heanng. All it means Is that we would shift you a minute or two on the schedule
Wayne, did I...
Council Member Oakley said I had told Don earlier this evening that he was welcome to talk during Public
Comment and at the Public Hearing If he wanted to, so. you l<now •
Council Member Moore said generally when we set a Public Heanng, we reaU y ~t-ould ~mil the Information that
we as Council reflect should be the stuff we collect in lne Public Hearing So what I would hke lo do lo the
extent that anyone who wants to speak on a budget matter like this, ij win just be under Item 10 which is coming
up shortly. That would be my preference but Your Honor, you can make the call.
Mayor Woodward said Don, J would Ilka 10 leave tt up to you because that Is the record . The Public Hearing Is
the record of the budget and this is certainly parl of the record also
Mr Seymour said well I win sldl be here for the Heanng I never went home early from a dance In my lffe There
was laughter
Mayor Woodward said you weren't signed up but I wdl give you the opportunity to sign
Mr Seymour said weft, okay I was told sh-sh-sh and will probably chime In later
Council Member Moore said I apologae for the confusK>n bul If you wouldn't mind then, I would hke lo keep lo
the budget issue because that Is just the formal th ing
Mr Seymour said he doesn't even know me and he knows how long winded I am There was laughter He said
yeah, I can , you know, rJst hke I say, I'm stiU here,
Council Member Jefferson said how about Ms Stevens Crane?
Mayor Woodward said I am going to give her the opportunity if she would like lo speak again then You don1
have to go through your whole thing again but 1f you wanted to. t mean whatever
Englewood City Council September 21, 2009 Page 4 (c) Chns Duis . an Englewood restdenL said good evening. I'm co-chatr and COO<d1nator of Englewood Days I would hke 10 lake this pubhc opportunity to 1hank lhe Council. City workers and lhe people ,n our comm1t1ee for lhls year's Englewood Days event Jack,e Edwards for working so me1,cu lously on record and bookkeeping , B,n Parlls. for selbng up our web Slle and keeping ,1 curren~ Doug Cohn, for working with lhe C11y on the pemnls and olher ilems. Englewood Unleashed. lhe dog show was a big htl Also a big !hanks 10 lhe many volunleers who helped make ,1 all happen I would hke to say !hank you 10 aJJ lhe sponsors of lhts year's Englewood Day$ Car Show even! There were 45 sponsors for the car show alone They conl ribuled goods and serv,ces as well as funding A special !hank you lo Meadow Gold for 1he1r huge conlnbut10n and
providing free ice cream all day, lhe VFW and lhe Ame11can Legion for prov1d1ng the noon bme salute lo the
m,J1tary A special !hanks lo Mayor Woodward for accephng my m111talion and sh0wtng up for the First Annual
Breakfasl with Mayor. 7 am at lhe Breakfast Queen The art work for !his year's poster was drawn up and
dona ted by Dale Moore al Phanlom Graphics The framing and plaque ,s by Brian Hart from Frame de Art
Thts ,s a p,esenlal,on 10 lhe Cily of Englewood in appreciation for !heir cornmtlment and conbnued support of
lhe Englewood Days Car Show and evenls. I hope rt can be displayed In a way lhal Englewood olizens can
see II and know that the C1ly of Englewood supports the ovic pride Iha! goes Into Englewood Days We in the
Car Show Comm,llee would t,ke to exlend our appreci ation for the comm,tmenl and continued support the C1ly
has extended to us 10 make this event a success W,lh Counc,rs continued support. we can continue lo make
lhis showcase event a success and lhe envy o f lhe surrOU!ld,ng communities So I would like 10 present th,s to
yoy , Mr Woodward and have you open 11
Mayor Woodward said this is an original logo for the 2009 Englewood Days Show and I want to turn this. I
guess, so that Councli can see 11 also And I lh1nk it was a fnend of Chris' lhal actually had done this art work
and l think I had ment10ned at lhe preVIOUs meellng, my personal thoughts , hav ing been there most of the day,
whal a greal event ii was And I feel Uke w,lh lhe exception of the 4th of July, which ,s a hard one to beal, this
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was the larges~ I saw. parlle1pa1,on within lhe City fl has been a real pleasure. I lhink. and a real benefit to the •
City of Englewood doing our partnership with Englewuod Days and aN the olher partners And I lhink anolher
one that needs lo be mentioned because I was on the west side working, ,s Eng lewood School Oistrict who
part,c,paled pretty slrongly and had a Jot ot kids' lh,ngs for them lo do and different leachers com,ng and
different schools and took out ... the T-shirts would change colors and lhef'e were different leachers !here fl wa s
iusl such a successful event all the way around Again !hank you to Chris, to Doug. lo Jackie. to Randy and 10
everybody !hat was involved in 1h1s effor1 because I know It was really something Thank you There was
applause
May or Woodward said here we have photos of the a collage of the event right Mr. Duis said I 1us1 hope we
can dJSplay ,1 in a place that people can see it Mr Woodward said okay . Mr Du,s said !hank you I appreoate
~ Mr Woodward said thank you
Mayor Woodward said thank you Chns
(d) Doug Cohn . an Englewood resident. said I have iust a couple of th,ngs to talk aboul Chns
expressed my appreciation We had a greal party I had a couple of other people that I'd like to ment.ion to
add on lo his hsl Phil Gilham recorded the Boy Scouts even! and Torn Munds of lhe Englewood Herald
worl<ed his marvels on the coverage of lhe even t The B11s,ness lmprovemenl D,sirlct, the sponsors a ~-etson
I had not met before and have come lo appreciate .. a couple, Miguel and Ann Drake Ann was our volurleer
COO<dtnalor and she knows how to coordinate volunteers She did a masvelous )Ob And lhen one other
fellow I don't know 1f you guys have mel Ken Hodge rte was the guy ,,t;; had those mechanical mus,cal
things He was a trouper au lhe way through and really apprec,aled all the work lhal the Chamber did ,n
wo king logether with lhe oomm 11tce l 1us1 wanl lo say thank you as weff And then cine quesliOn for you all
Somebody from the Parade of L,ghts saw our horse car and they said, wouldn't It be cool if the Cherrelyn
Horse Car could be ,n the Oenve: Parade of Lights? l have no Idea but he said that would be JUSI a marvelous
way of adver1Js1ng lhe City J d.::.,·1 knOw. put LED lights on ,t. I can find the dnver I guess ii would be
somelhlng 10 consider I don't know If or even how ii coufd be done Thal was point number two Now point •
number th ree, !here has been a d,scuss,on about signs and businesses on Broadway And l would offer 10 you
for your cons,derahon an agreement that the merchants assoclat,on made w11h the City In 2001 It ,s the
sl,ghlly loosened set oJ rules lhal were developed for the sidewa lk sale days and the ,ssues that you guys
cxp,essed lasl Monday aboul safely and s1gnago and all those kinds of th ings have been addressed in lhal
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Englewood City Council September 21, 2009 Page 5 document Alan or lhe other guys over In Commumly Development, I lh1nk I can gel you copies of lhal Anyway, I wanl 10 say lhank you Mayor Woodward and other Council Members said thank you le) Eroka Rinnert and Michael Gabroel, Englewood residents, said good evening Mr Gabnel said ours 1s kind of a budget Issue too so I don't know ,r we should do tt now or wall It's up lo yo1, guys Council
Member Moore said let's JUSt put all ol lhe budget issues together CouroCII Member Penn said th,s 1s for 2009
Council Member Moore said now. for 2009? Miss Rinnert and Mr. Gabriel replled yes. Council Member Moore
said please continue then rm Erika Rinnert and I am Michael Gabrie l and we are juniors represenllng
Englewood High School. Miss Rinnert said we have come to ask City Council ii they would be w!ll 1ng lo help
us wtth some ol the financial costs of the Homecoming Parade Mr Gabriel said Nick Johnson believes that
the tota cost would be about $700.00 Ms Rinnert said and we would app<eciate any ass,slance you can
offer Mr Gabr1el said thank you for your time.
Mayor Woodward said can you tell us when this Is? Miss Rinnert said yes. we have a llyer as weu Wl1h an or the
dates Mr Gabriel said and the parade Is October 2"". Miss Rinnert said Homecoming Week starts Saturday ,
September 2611 Mr Gabriel said and It ends on October 3., I think we have had It for the past 25 years or so
Mayor Woodwald said okay and typ,caJly we address our guests at the end or the meeting so ~ you would like to
slay for that, I am sure someone Is going lo be addressing something for this Thank you
Ms. Rinnert said thank you
(I) Jesse Daniel Montoya , an Englewood residen~ said my address is a little Iffy because I
sometimes find myself homeless I've been riving "' Englewood most or my hie I wlil make a long story short
because I don't want to bore nobody and make anybody fall asleep or gel upset but the homeless s1tuahon for
Englewood, I don't know how bad n is but I find myself, since I been out or high school... I graduated from
Englewood High School In 1981 ... and I've seen a lot or changes in my life. And I would like to let the Ctty of
Englewood know that I am trying to be a better person and learn a httle bit more history about Englewood and to
hear some or the good issues that were gomg on tonight were lmportanl The first issue about the veterans, 0Uf
fallen heroes. People all In general 1n Englewood, you know, we all got to go wilh tho flow or tunes. Let's say, d
there is something that can be done about thal I would look forward lo being a part or the Englewood gel
together and here again, eventually ... Bui before I leave because I am not exactly homeless and I am not cotally
stupid where I know that I could do something about II but to live In Englewood ls a privilege and to live in lhe
State or Colorado Is more than a pnvilege too Bui to be a part or a good group with good morals, slandards, ,t
is a positive thing for my life, because when you said the Pledge of Allegiance, and you had all the good thi ngs
lo back k up, lhal was outstanding and it made me feel like there is a possibility for further growth for Englewood
and a positiver'•' 11"·,del that I see from everybody here. Also. one more thing I've got lo menbon. The
calendar that El ,,le IIOOd puts out. please keep those going. Those are the greatest things lhal inspire me ror
looking forward 10 another good year with everybody here May God Bless You Take care
Mayor ; ;(,('r1wa,d said thank you There was applause
8 Commu,1lcatlon1, Proclamatlona and Appoi ntments
There were no .:ommunlcations, Proclamat ions or App010tmen1s
9. Consent Agenda
COUNC IL MEMBER MOORE MOVED, AND COU NCIL MEMBER McC ASLIN SECONDED, TO APPROV E
CONSENT AGENDA ITEMS 9 (a) (I), (II), 9 (b) (I), (II), (ill), and (Iv).
(a) Approval or Ordinances on F,rst Reading
(1) COUNCIL BILL NO 37 INTRODUCED BY COUNCIL MEMBER MOORE
Englewood City Council September 21, 2009 Page& A BILL FOR AN ORDINANCE AUTHORIZING A 'LICENSE -CITY DITCH CROSSING AGREEMENr AND A "TEMPORARY CONSTRUCTION EASEMENr TO JILL HUTTER FOR THE INSTALLATION OF A GARDEN BRIDGE CROSSING THE CITY DITCH. (i) COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER MOORE A BIU FOR AN ORDINANCE AUTHORIZING A "LICENSE-CABIN MEADOW TRANSMOUNTAIN
DIVERSION PIPE CROSSING AGREEMENr TO DAVID AND JUDITH HUETER FOR THE INSTAUATION
OF A ORIVEWAY OVER THE CITY OF ENGLEWOOD'S RIGHHlF-WAY.
(b) Approval of Ordinances on Second Reading
(Q ORDINANCE NO. 35, SERIES OF 2009 (COUNCIL BILL NO. 36, INTRODUCED BY
COUNCIL MEMBER WILSON)
AN ORDINANCE AMENDING TITLE ◄, CHAPTER 4, SECTION 4, SUBSECTION 7(C), OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO RETAILER AND VENDOR FEES FOR SALES TAX LICENSES.
(ii) ORDINANCE NO. 36, SERIES OF 2009 (COUNCIL Bill NO, 38, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COPS HIRING RECOVERY PROGRAM (CHRP)
2009 GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES #2009RKWX0181 ,
(Iii) ORDINANCE NO. 37, SERIES OF 2009 (COUNCIL BILL NO. 40 INTRODUCED BY
COUNCIL MEMBER WILSON)
AN ORDINANCE AUTHORIZING A STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS
COMMUNITY DEVELOPMENT BLOCK GRANT (COBO) NEIGHBORHOOD STABLIZAT ION PROGRAM
(NSP) GRANT AGREEMENT.
(Iv) ORDINANCE NO. 38, SERIES OF 2009 (COUNCIL BIU NO. 41 , INTRODUCED BY
COUNCIL MEMBER OAKLEY)
AN ORDINANCE AUTHORIZING ACCEPTANCc OF A JOINT GRANT FROM THE COLORADO AUTO THEFT
PREVENTION AUTHORITY (CATPA), BETWEEN THE CITY OF ENGLEWOOD, COLORADO; THE CITY OF
UTTLETON. COLORADO AND THE CITY OF SHERIDAN , COLORADO.
Vote mulla:
Motion carried
Ayes: Coundl Membere Penn, McCaslin, Moore, Woodward , Jeffereon, Wilson,
Oakley
Nays: None
(c) Resokrtions and Motions
There were no resolutions or motions submitted for approval,
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10. Publlc H11rlng lttms
(a) Mayor Wooa,,ald said this Is a Pubf,c Hearing to galher Input on the City"s Proposed Budget for •
2010.
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Englewood City Council September 21, 2009 Page 7 COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER WI LSON SECONDED, TD OPEN THE PUBLIC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FO R 2010 , Vote results: Ayes Council Members Penn. Mccaslin. Moore WoodWard, Jefferson, Wilson, Oakley Nays None
Motion camed and the pubhc hearing opened
All witnesses were duly sworn
Director of Fmance and Adm1mslral1ve Serv~es Gryglew1cz said Mayor and Council. I iust presented the City
Clerk proof of publication lrom lhe Englewood Hera ld of this public hea ring lo gather input on lhe 2010 budget
It was published on September 41h, 1 llh and 18"', and I also proVided lhe City Clerk with proof of publication
from lhe City's website from August 26 through September 21• As I men110ned this Is a public hearing to
galher information on l he 2010 budgel Council received the11 proposed budgel on Sepl ember 10" They are
requlfed to have that document by September 15" and also hold a public hearing within three weeks of the
submlsSIOO of the proposed budge! I need to ment,on, as everybody knows staff and Counci that putting a
budget logether la kes a long time. It is a very difficu lt process. and It is espooany difficult when you have
revenues that are decUnlng more rapidly than your expenditures When you're in a situation where you're in a
recess,on a let of times you're the pressure on providing services to your cdizens actually Increase while the
revenues are going down. So this has been a very difficult process butt need to mention, nght up front that all
of the employees of the City, from the top down. City Manager down to lhe parks workers. everyone, sacrificed
to make lhls budget worl< by giving up pay increases, payoffs on lheir personal leave and other benerits
including their health benefits They IOoked at reducing that to keep a zero percent increase for 2010 So rt has
been a very difficult process and I did want to acknowledge all of the employees that have ,acnf,ced to make
this budget work But Just a real brief overview of the General Fund and I am only going to bnell1· touch on ii
because the General Fund provides those seMCes thal most or the cibzens en)Oy and probably rely on lhe most
and that includes Police, Fire . PubliC Works, Parks and Recreation and the library The total sources of funds.
and I have to say thal you always start your bud get by looking at what you have available I mean. If we could
JUSI say, we could spend what you know as much as we'd like, the budget process would be very easy But lhls
year. we have seen revenues decline and we don't expect to see them pock up dramattcany 1112010 Righi now,
we are looking at our tota l sou rces of funds for the General Fund at about 39 8 mllhon dollars For this year, our
original budget was 1.6 mUllon dollars more than that so we are looking at a decline in revenues and 10 offset
that we are loolung at total uses of funds at 40 3 mdtion So we have a bit of a def,c,ent We are 10ok1119 at
uses of the Long Term Asset Reserve of about $647,000 at this point ,n lime We do have a h111ng freeze ,n
place, and as I mentioned, pay Is basically frozen next yea, so there has been a lot of sacrifices In this budget
We are IOoking at for this year and next year, of having a Fund Balance Reserve of about 10 % This Salurday
In the Community Room, there will be a workshop with slaff and Council and of course, the pobtic is Invited. I
believe II starts al 8:30 We will discuss any input from the citizens that we receive tonight
Mayor Woodward asked 11 there were any quest,ons from Counc,t for Frank There were none He said okay,
thank you
Mayor Wooaward said with that we will go to our Public Heanng roster and f11St up Is Don Seymour Each
speaker will need to be sworn In
(a) Don Seymour. an Englewood resident said my grandmother always told me not to swear. and I
don"t lie about that. She used to swat me with the cane 1f I took the Lord"s name In vam I think the young lady
really covered 11 You know. dollar for dollar. you can't beat our Summer Program It Is outslandIng You get a
hundred people like she said Let me underscore her poin ls working together on many d11feren1 things. long
into lhe night Believe me I know Like I say. my three luds were uwotved I was rnvolved We are SOIi
involved I don·t think we have missed a year of doing props or providing that kind of thing In fact. I have you
wouldn't believe We lls Fa rgo wagons. surrey with the fnnge on lop, pumps lhat actually work. windmills you
name rt and I've got 11 In the basement or yard okay I mean I've got props And you know every year there Is
something II ,s reany a program I mean , where can you get a program where you can involve the parents and
Englewood City Council September 21, 2009 Page8 lhe kids In the same program? You know, lh1s Is not like the parents slandmg on the sideline and cheering for rhetr soccer players but, you know, they work togelher They are on the stage togethrr There were, I don't know, several bmes, when I was on the stage With an three of my kids . Wendy back here. you know A big commumly builder. The program ll ranks In there with COiiege productions 11 1s good I know because, you know, rve seen a few college product1or,s. My oldest kid was involved with 1~ he worked for rt, he went on to DU to lheatre leach He is now a 5" grade teacher and my daughler, who went lhrough It, is a 3"' grade and she uses her theatre . communlly working with kids things They use It all the ume I mean, you JUSI can 'I beal 11 How many of you have been lo one of our Summe, productJons? There was a show of hands He said shame
on the rest of you There was laughter You are missing a good program, really. So, you know, any quesllons,
I'm WIiiing Like I say, I've been in It for 35 years I started a group at one point caned The Supporting Cast, ,f
you get lhe play on words lhe re, of parenls, people that went on for many years to help make the program WOf'k
And ,t IS JUSt a thing where the parents and the~ ,j s can work logether, you know, right there In the same
program. on stage We had it this summer, you know. Mothers up there with their daughters, doing lheir th ing
You can't beat It. Quit looking so solemn and kick loose w,th your bucks, okay? Any questions? I'm ready
Mayor Woodward said thank you Thanks fOf coming. There was applause.
(b) Weooy Mahr said I do not live in Englewood any more . I graduated from Englewood High
School In 1987 I came to Englewood solely lo go to a high school that was gOOd In the arts from anolher state
My father localed here solely so thal I could experience Dr Gerardi, BiU Amb<on and Rhonda Fausom So, I am
now a leacher ,n Greenwood Village and I direct lhe program with Bill...Mr Brickley I wasn't planning on talking
bul I decided I sho\Jld say something aboul a very emot100al program to me. ,., ... 1 vht'n I found out aboul l he
proposed cuts, you know. I know reality and the arts I get 11 But lhls Is sorne·nir.~ i. unique, I can't think of
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anything .. one thing I love about l Is the senior cttizens come and they are w,1r,, .. 1g ,,..h these little kids Senior
ciUzens who are doing something that they had never done 10 their whole livea, .. I hat ,s so Inspiring Our oldest •
cast member is 72 and two summe,s ~90 Is his nrst Ume ever on stage This ,s such a cool program. For the
children,~ ,s $35.00 for8 weeks The average Denver metro program for lheal re is $1 75 00 per week. I
broughl kids in lasl summer When rt started 4 years ago. the program was prelly small . I lhlnk we had 9 kids
Last year we had 45 Many of them choosing to come to EngleWOOCI instead of going down town lo lho Denver
Cenler their moms slopping off and having Slarbucks and everybody ,seating al Frank's Pizza and yr J
bring ing 100 people in roughly a day for 8 weeks It IS a pretty good deal I love lhe program and I don 't 1: •'k
there is any other place where you can safely have a whole family together whare there IS no connict, l.,e • :~
no pressure to everyone has to have an agent who is the best m only rich loos can do It We attract all k.. 'S
So It ls such a special program , I would be sorry lo see It go and they can't overstale the family connection.
Everyone lhere is willing to work They are almost willing to work for nothing and many of them are frae. They
1ust help year after year after year and I, likt'I Slacy, we were In shows in high school and here we are back We
want lo come back I don't live in the Crty any more but I come back all summer to be here and my liltle
daughlers think they are going lo go lo Eng!~wood High School because we are there every summer Thanks
for the program and I hope we keep ii going
Mayor Woodwar~ •~d other Counci l Members said thank you There was applause ,
(c) Dan Carlson, a Cenlenmal resident, said I am one of lhe people lhal Stacy mentloned earlier
lhal has never been an Englewood resldenl and frankly may never have had anything to do with the City of
Englewood ,r rt weren 't 1ur my slep.molher saying, 'why don't you go try out for lhIs program' I have now done
9 of them My w,te 1'1111 attest thal 1t has become probably way loo much a part of my life and I'm okay with that
I am proud of what I have done II has driven me crazy at limes ll has given me sheer JOY and passion al
limes and I would like to present to the Cily Cci11nc1I packels lhal includes what Stacy said earlier as wen as 16
other testimonials to how much this program means lo us and how we wanl to make sure 11 conUnues no
mailer whal we have lo do
Mayor Woodward and other Council Members said thank you There was applause
(d) Jerry Furman, an Englewood resident, said I personally have never been there and never did
11 Though If we lose this program, where are lhe kids going lo be al? More graffili on ·~e streel More comes
and olher things Look al our 2 30 dockets .at our Englewood courts on Wednesday ll 1s all juveniles So pretly
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Englewood City Council September 21, 2009 Page 9 soon we might have IWO ot three more days of n What would be the reason as lo why we take programs away from you and our kids? We can't do any other budget cuts lo, adults ltl<e freeze the Rec Center a hltle bit? Mo,e money to help us out because the kids are there for hours They pret1y soon will be mayors or the President of the United States of Amenca You know what? II we cut th,s program, Where are lhe lods go,ng to be at? I think they WIii be on lhe streets doing cnmes and stuff And I Just think we need to be there for the kids Our kids are go,ng to be our peop le of the future The other reason Why I think of kids? I volunteered at Madaox Grade SchOol and I am sad thal lhey closed that down though The thing Is. where ,s the kids going to
play in the summer time or are we go,ng to start cultlng everything now for our kids •. hke our Chnstmas stuff for
the kids? Because 1f we start cutting one. we are going to cut them all because they don't have anything to say
because they are not tax payers Oh, you are think ing that you ore losing money cause there are actually tax
payers who pay the Counctl budget a loltle bit to be on the Council I thin~ Council should do a pay cut to help
budget the budget Thank you
Mayor Woodward said thank you
(e) Deene Mowrey. an Englewood resident said I have lived in Englewood the ma,onty of my I,1e I
graduated frotn Englewood High Schoo l and I put 4 112 children through Englewood High School My daughter
Is the one that Is involved wrth the Summer Orama prog,am She Is a junior lhis year and s : has done three
plays. She absolutely loved It II is her niche In hfe. She is In the theatre. drama. s ing1119 • of the abo\e My
oldest son dtd It lot a couple years as wel I also had two boys that did the technical. for • '. ears One of
them feU In love with the technkat part of the whole drama program and Is now In the Un .. ,d Slatt~ A~ Force
with that background helping him lhrou,gh that My other one also did the lechnlcal an~ ~e was lo, ie STA
through the High School. the Student Technology Association He also found the niche 1,1 his life .:od that Is
what he does for his hving now too, with 'he technical part of it. Not only JOeS the drama 'he xllr,J, the
singing, but 11 also grves those kids who work in the technical department a chance lo fin,1 11 11r mr ne In life as
well I lhlnk th,s is one of the better programs through the City support and I thmk 1f this IS.,,,"~ .e go,ng to be
see,n,g a lot or disappointment ,n a Joi of oh11dren Thank you very much
Mayor Woodward saJd thank you There was applause
(f) Matthew Crabtree, an Englewood resldenl said good evening I have lo be honesl When I
was n high school, I was part of lhe theatre program and part of the theatre program even in middle school II is
a really good program. You know, I wasn'l In this theatre program but In a different school district but I was In
every s,ngle prOductJon lot four years at 1/11e high school I wenl to II kepi a lot of people out of trouble I can
attest lo lhat What I'm looking ... the 1Ime that I've spent here attending these Crty Council meellngs fo, the last
two years and I see hO\' :ne money has been spenL I have to ask the audience a question at this point. Whal
would S70.000 00 do fr • 1his program 1ghl now? You look at the money that Community Development
spent $48,269.0010 gu to Las Vegas to advertJse property that lsn'I even located In the City of Englewood
Thal Is a lot of money. S20,000 00 for a lrrp lo Washington, O.C fOf most of lhe members of Council Thal Is a
lot of money I JUSI hope that When you make your budgel considerations fot 2010 that you exclude lhe
Washington. O C trip and you exclude some ol lhese other un necessary tr,ps that don't affect the people of
Englewood directly Another thin!, thal I w,ft ask. please consider looking at a hne 1lem budgel I don'I know I
JUSI find It very hard lo believe tha t withoul a hne Item budget, you actually know how the money IS being spent
You are looking al cu tting the low hanging frurt here, thngs that are a couple thousand dollar: ~ere and a few
lhousand dollars there things lhal really Impact our community. Arts Is so mething t hat always gets cul first and
that Is not fair When you don't know what IS actually being spent In this Ctly by not referencing a IJOe ,tern
budget Thal IS a concern I thank you for your lime
Mayor Woodward said thank you
(g) Alexander Trun,nger, an Englewood resident satd I woulcl hke to soeak In favor of the
Englewood Summer Orama Program I have been a partIcIpant of the program for over three years, the most
recenUy for two consecutive years, and I was also a partiapant in 1999 l'v, got to say that apal1 from a name. I
wouldn't really know lhat Englewood existed ii It weren't for t~ program This • ltie program p~rticIpatIng In
lh Is program made me reatize that Englewood, Whal Engle •3, that Englewt>w ,sts and that Englewood
IS a c,fy And I think that that has got lo be true for other pe ·o Tha l th is program Is something lhal
Engl owood City Council September 21 , 2009 Pago 10 b•~adcasts the name of Englewood beyond the borders of Englewood fl is something that gels a11ent10n 10 ·~ It draws posIhve attention and posIIIve energy InI0 Englewood and that Is something that should be r, ,mbered and considered . Because there Is not a lot of things that necessanty, you know, make a aty real to peo,,le and this rs something that makes Englewood real this program because 11 brings people ,n that wouldn't know that Englewood e~rsted ,I 11 weren't 101 this program And 11 IS VefV posrtive II bongs a fol of positive energy f01 people who are paruc,patmg in the program and people who ar~ associated with the pIogram And to get nd of It would be a tremendous loss to Englewood Maybe something that you don t necessarily think of day to day Some of you have not seen the pre.gram but ,t Is very pos1hve and brings a lot of
good energy for the community and Inside the community and beyond the community TherefOle. I think you
should really consider the importance of rt when concerning the budgel Thank you
Mayor Woodward said thank you There was applause
(h) Jesse Daniel Montoya said the address ,s unknown hke some of tile ord1nery people that I've
known here but If I ever dee.de lo settle down and be involved with living in Eng lewood, I couldn't have picked a
betlPr place II sure does beat living on the streets of downtow, I've been there bef0<e I always ftnd myself
Nant,ng to come back to Englewood but I'm going to erase all that for what I want to bring up right now I am
going to bring up something maybe that might be a lillle important .. something lo do wrth, d rm wrong d
somebody would raise lheor hand and let me know to stop Something 10 do with the dog shelter ... atso that
might be a budget thing I tried to volunteer to make It possible to see where they could use the help Maybe If I
was to find out if I could get a job work,ng wrth the sheller, rt might help, and maybe tt won't Okay, that is own
choice thal I made Also another thing is when King Soopers used to have a parking lot, It used to be on top .if
the parking lot that is there now The parking lot !hat is going to be extended out by the Dartmouth and the light
rail system , I happened lo go across that today, and I was talking to a la nd surveyor, surveying the property. Is
•
there another way that somehow they could get some better op,n10ns on haV109 come up with th,s parking lot or •
are they 90tng to actually want to eX1end that because 1f they cou ld I remember a tong hme ago as a lillle kid,
I'd been In Boy Scou ts In Eng lewood I've been In elementary since I was a toddler, okay, so I remember
Cinderella City use.. to be here But one IJme I remember Ringling Brothers, Barnum, Balley Circus used 10 be
m a parking lot ·over there Now, Is there any way that they could, maybe 111s beyond me lo stop, but maybe
could they consider making a rrttle extra parlung lot up on top like they used to have at King Soopers. so they
don't have to take out that little part ol tne time tunnel that runs up around that whOle park? II Is part of a bike
trail And if that ,s not possible, !hen who knows what they are 90tng to loSe That IS part of Englewood history
r,ghl there I remember the bndges that used lo be !here before lhe light rail was even running In there Thal
used to be my short cut to school fr0<n over on Goat Hill, which would have been by the 7-l/p Company,
heading to Flood Jun,or High School or Englewood High School That was a long trip for me at that age,
especially when I had to walk and I was running late to schOOI. But hey I made rt th'OfJgh schoOI and I couldn't
~ve done ,t Without a good group ol people hke you And if I ever have anything important to say, I hope to say
11 with the respect that you have given m1 to get through high school And with all that said, I need 10 leave
because I've got to get going and who's to say ii 11 is going to snow tonight hopefully not Hope everybOdy has
a safe day tomorrow and than k you for fOu, •ime
Mayoc Woodward said thank you There was applause
Mayor Woodward asked ,I there was anyone else who wanted lo speak during the Public Hearing There was
no one
CO UN CIL MEMBER JEFFERSON MOIIED, AND COUNCIL MEMBER WILSON SECONDED, TO CLOSE
THE PUBLIC HEARING TO GATHER INPUT ON THE CITY'S PROPOSED BUDGET FOR 2010.
Council Member Moore said Your Honor, ff I couk. make a qux:l< comment before we vote Mayor Woodward
said (OU may Council Member Moore s.a1d I'd like to thank Mr Seymour for tolerating the inlerrupllon This is •
my 8 Public Heanng on the budget and my last I want everyone 10 know we had more speakers tonight than ,
I thmk. :he prior 7 combined So thank you for your efforts That's ,t, Your Honor, thank you
1/ole results:
Ayes Council Members Prnn, McCashn, MOOfe . Woodward Jefferson
• Englewood City Council September 21, 2009 Page 11 Wilson, Oakley Nays None Mobon carried and the pubhc heamg closed Mayor Woodward said now I am going to open It up lo Counctl lor any drscussron regarding the Public Hearing He said wen I would llke to start and I would loke to address Stacy and Don Stacy, I 901 your message Don. I
got your message and the rest of the drama program people, I got your message Don , I think you may be
wrong on one thing I think there may be grandparents, parents, and the parents' children involved In !hos. This
year's presentation was Al .e Living a half a bloclt :wiay from Englewood High School, having had a son
lnvolVed with drama, I can't remember d he did the Summer Drama Program I'm pretty sure he did as a tech
guy ... and seeing the cars there every single night during the summer, during June, during July, going to the
productlons al the end of July or real early Augusl and seeing kids from very young kids to older kids and
knowing thal those practices go late Into the evening .. not evening, they go Into the night. the• go sometrnes
close to the next mom,ng If not the next momIn3 and the dedicalton of everybody in the per.Jllll8nces that I
have seen are truly community theatre And t',,s year ii was Annie. Two years ago BIii Ambron, It was, I
believe,~ was his 100" producbon . not this summer theatre but his 100th production or doing theatre. And I
brought this up In Sludy Session and It Is something that we are going to be looking at, at our workshop I know
it is something that I strongly support and I appreciate all of you people coming here tonight and stating your
support for a program that has gone on so long and really , In my opinion, means something to the City of
Englewood, to young people, to middle aged people, seniors and I am JUSI reaNy inpressed And like John said,
I think this Is the most that have ever been to a Public Heanng on the budget and It Is you folks
• Mayor Woodward asked if anyone e;se wanted to commenl
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Council Member Mccaslin said I would jusl like to say, Stacy you are very eloquent In what you were saying and
I think you summed It up for the whole .. Thank everyone for coming bul..l graduated In 1967 and Jack Fisher
was a very weU know name In Englewood. The productions he put on even back then In high school were
unbelievable. I mean , they were Jusl unbeflevable So. I think I'm with Jim and the resl of the Counal to see
what we can do to continue th is great program for the City of Englewood And Don, thank you for your years of
service and you are still serving , you know, our community by wor1<1ng at my wife's school. I appreciate
everyone Who has kind of helped in giving back to the community I reaffy appreciate lhal Thank you so much.
Couool Member Oakley said I too want to thank everyone that spoke tonight and everyb..,dy thal Just attended in
support and your time is wen spent, I wiH guarantee you
Council Member Jefferson said yeah, thank you everyone for coming and sharing your thoughts II sounds hke
a wonderful program I'm probably nol as familiar as some of the other Counctl people but tt sounds like a
wonderful program I too will be looking for ways 10 keep the program afloat.
Councd Member Wdson said and this ,s why I hve ,n Englewood You know people have the passK>n and lhal
means so much to a community, so ,t 1s good to see everyone out there for your passoon Thank you
Mayor Woodward asked ,r there were any other commenls, There were none
11 Ordlnancea, Resolution and Motions
(a ) Approval of Ordinances on F1<1t Reading
(1) Oirector of Finance and Admomstratrve Services Gryglew,cz presented a
recommendation from the Finance and Adm1n1s1rallve Services Department to adopl a bill for an ordinance
amending Tolle 5 (Business and License RegulalK>ns) of lhe Eng,ewood Municipal Code by the addition of a new
Chapter 22 pertaining lo Medical ManJUana Pnmary Care-Govers. He said as you know, In Adm1nostratrve
Services we also do lhe miscellaneous bcens,ng for the Crty As you mentioned, this ,s a boU for an ordinance
adding Chapter 22 Medical Man1uana Primary Care-Givers t~ Title 5 of the Englewood Municipal Code Back
on 2000 the Colorado volers approved medical use of manJUana but until recently there really hasn'l been a lot of
actrvrty for !hos Bui 1ust on the past year or so, we ve seen some acbvoty with care-gove<S starting to open shop
Englewood City Council Soptombor 21, 2009 Page 12 here and !here so th,s locense has come forward It was discussed at lhe Siudy Sessm on August J'' and September 14th and Council gave direchon to staff to draft this btft fo, an o,donance Basically lhe hcense mirrors the Colofado Const11Ut1on whal the volers voled on, other than )IISI a few items that the City and C,ty staff beheve that we seeded and )USI bnefly, thal lhe license will nol be lransferable A background ,nvest,gahOn will be conducted and anyone wdh a felony, their license would nol be approved actually the,r apphcahon would be reJecled and any acl1011s or if they were no longer allowed to be reg,stered as a care-g,ver, their license woul' be revoked or suspended or not renewed and also lhe,r recO<d keeping requirements, just lo make sure that lhe ,nvt.n 1ory and the sales are only made lo those persons thal are registered by the State And I should ,.,enl.on
!hat the fee for this wdl be sel by resolut,on and I believe lhal will be before Counc:I on October 5"
t.!ayor Woodward asked 1f !here were any quesltons There were none
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITE M 11 (1) {I)· COUNCfL BILL NO. ◄2.
COUNCIL BILL NO 42 , INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE AMENDING TlflE 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE
ADDITI Ol'l Of /\ NEW CHAPTER 22, PERTAINING TO MEDICAL MARI JUANA PRIMARY CARE-GIVERS
Mayo, Woodward asked W there were any quesltons
Council Member Jefferson said yes, Just a couple cl issues I guess I Just want lo hav~ lh• <r c:~•,r Jd perhaps
Under 5-22-2 License Required II says tt ,s ~nlawful for any care-giver as defined I thi: • ~ • .,,.,~,a '1ttle btt
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about this tn Sludy Sess,on but lo use lhe word ·transport' I think again lo clanfy things, lhal woul 1usl be used •
befo,e dehveroes and whalnot and so I am ,usl wondenng ,r we nee(! a htlle clarrfy,ng language I guess the
example I threw 001 in there Is thal somebody has gol a grow opera lion ,n south Denver and a retail locahon In
lllllelon and lhey are com,ng through with lheor supphes and do lhey need a license lo do lhat?
C,ty Allomey Brotzman said and the answer. If you are actually dellvenng ,n Englewoou, •~e answer ,s yes yoo
would, but mlerslale bansport If you drove through, lhe answer Is you would not
Cooncll Member Jefferson sa,d okay, and lhat Is, yoo lh1nk. is clearly defined by lhe words here?
City Allorney Brolzman said under lhe IICensing, bolh under lhe Constltu1 1onal language, yes
Counc,f Member Jefferson said okay And I am Iusl wondering, I guess, Is lhal everyone's lnlenl here, you
know. this olher operations in olher mumc,palmes who may setVe as oor communily, even though they are
localed in a different mumc1pallty. so you know, locensed In the City can se• ~ anyone In the City~ lhey were
dehvenng 11 lo the11 doors, Is thal oorrect?
City Allo,ney Brotzman said lhal Is correct And one of the benefits to a hcens.. '>Ider ,s Jf you get pul·~d over
by a police olltcer, you actually have a license explaining what you are doing It would be a really nice defense
and would help your explanat10n a lot of lhe way
Cour,ctl Member Jefferson said okay So tor example, somebody hke I said In the example lhal t gave you guys
w1Ih a grow operabon In south De nver and a rela1f ope ration In Ltltleton, doesn'I service any members ol our
commun1ly wilh a delivery service or anything hke lhat. transport,ng thrO'JQh. gels pulled over by a pol,ce officer ,
ihey would need 10 possess .. under the other poruoo of lhis ts saying lney need lo possess a copy of a vahd
medical manIuana patient regislry card, co,rect?
Clly Attorney Brollman said they wouldn't be licensed so they would actually have to go through all the hOops •
under the constltubon of JUSI being able lo show lhat lhey have lhat many paltenls So iht!Y are going lo do ,t
in stead of having a license where they can say, I have a license near my palients becauee Ii Is requ11ed, 11 you
are Iusl dnv,ng through and you get pulled eve< wlfh 6 maniuana planls m your car, you 'NOtJld acluaRy haw lo
document ti for the pohce officer without the license but s1111 have to document ,t becaus11 of lhe consblut10nal
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En gl ewood City Council Sept em ber 21, 2009 Page 13 requirements under the Stale and the Stale of COiorado Council Member Jefferson said lhey would have lo actually document 11 City Attorney Brotzman satd rt would be a lol tougher It actually would be a lot tougher to do w1thou1 having a hcense Council Member Jefferson said wrthou1 having a sales license. I m sorry, w,thoot having a City Attorney Brotzman sa,d wllhoul having .. Council Member Jefferson said wllhoul hav,ng th,s ilcense that we are discussing here City Attorney Brotzman said yes You are go,ng to have to show them a Joi more paper work to document that lhan tney s,mply would have With our Finance Department
Council Member Jefferson said I see So like I said, so for the person who ,s not nomg business in Englewood
but ,s transport,ng through, rt seems hke a very heavy burden on them to .. so what exactly would they need to
provide? They w,n need to prOVlde a 11st of their pabents? Crty Attorney Brotzman said yes and they would
actually have to show, which would happen if this, if there was no license. you would be under the same
scenario is that l"U would have lo be showing t hat you would stlll have lhat many patients since our language
murors the Con~otution You would actually have to show the same thing. You would actually have to show
that you have that many patients You have the nghl under the consbtuuon to have that many plants The
problem Is it Is disorganized You are going to have a mess and it Is going to be time consuming both for the
care-giver and for the police department to do this One of the nice things that this license does is It narrows
that down because you have a bcense It Is a reqwement that you are keeping track of all these transactions
It Is very easy to present to either an auditor, somebody from the Slate or somebody from the pohce
department. It is a nice organizational piece that our license provides the care.giver
Council Member Jefferson said and I can see thal you know, certainly for the people who. you know, who efth,,
have a retail or grow operatJOn or anything hke Iha! in the City, I am envisioning att of them berng bcensed. I
guess l. .. okay, I appreciate the clarification on the folks who don't do business In Eng lewood, exacHy what they
would be subject to Just getting back lo what exactly, I see this section under 5-22-5 E suggesting that all
pomary care.gJVets must possess a copy of the valid med,cal man,uana pabent registry card C('tfecl? Mr
Brotzman said correct Council Member Jefferson said and so that Is their patient's card, correct. so that they
have a copy of whoever their patrent Is City Attorney Brotzman said correct Again so you would know how
many patients !here are and then you could correlate that to how much marijuana they have Council Member
Jefferson said correct and so they would need a bcense, or lhey would need a copy of each of therr patient's
registry card In order to have the amount ,n order. ~ they W',re transporting a large amount City Attorney
Brotzman said correct
Council Member Jellerson said also JUSI one other sor1 of cianficatlon th1119 under 5-22-5 C, h says that prmary
care-givers shall keep required records of all transact10ns for at least three years Should it just be 'all records'
or, I don 't know just the word 'required' sort or qualifies lhose records I wasn't sure what that was referring to.
Mayor Woo,t.,,ard said I'm sorry Joe, where was that'' Councd Member Jellerson said that Is under S-22-5 C -
Med,cal Ma11juana Primary Care.givers, requ,red rt..-or~~ of all transactions for at least throe years And I 1ust
wasn't sure If that 'required' reference was something else or just seems to be some quahl,catlon on what
records is City Attorney Brotzman said we were try11p to ~e that to sales tax records but Council Member
Jefferson saNI okay and so I don't know 1f we could .I!: !hat clear enough then? I don't know. JUSt l'I my m,nd 11
seems a illtle ambiguous what we were qunlify1ng there . I don't know Do you think that Is okay the way fl Is 1n?
You know what I mean, ii Just seems ambiguous what Is required and I understand what you are
saying referencing what they ne,," o be keepmg records of lor sales lax purposes but maybe we should iust
say that explicitly or perhaps rusts.., 'records of aN transact,ons', I don't know I just
Council Member Mccaslin said well could you give examples or Include sales tax. sales receipts or whatever. I
mean
City Attorney Brotzman said so you are saying iust remove the word ·required'?
Council Member Jefferson said that would be the easiest sohruon ,n my rruod unless you want to quahfy by
saying shaR keep all necessary, you know taxable records of an transactions I don't know The easiest
solution might Just be to remove the word requlfed' JUSt keep the records of all transactions for at least ln,ee
years
Englewood C lty Council September 21, 2009 Page 14 Mayor Woodward said yes, because we don'I know what Is required unless the State Constitution addresses the spec1f1c 11st. Council Member Jefferson said I think II ,s iust easier ,f we Just say, you need to keep a record of au transact10ns So, I don'I know if we need to make a mohon (Several Council Members spo ke al the same t,me and was not audible) Council Member Jefferson continued saying I think this ,s the fl<st tune I think we have seen lhat new language we changed lhat portion or it .
Counci l Member Moore said can I get the City Atlorney's recommendahon to kee p or remove 'required'?
Cily Attorney Brotzman said it would be lo remove the word 'required', Mr. Moore said thank you
Mayor Woodward asked ,r there was any other discussion. There was none.
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDEO, TO AMEND
COUNCIL BILL NO. 42 UNDER 5-22-5 : REQUIRED ACTS : C, TO READ: MEDICAL MARIJUANA PRIMARY
CARE-GIVERS SHALL KEEP RECORDS OF ALL 'r :♦ ' ISACllONS FOR AT LEAST THRE.E (3) YEARS.
r.;iuncil Member Jefferson said that Is JUSI deleting the word 'reqwed' out or thal provision
M.1yor Wooctwa1d said so now we are VOiing on Joe's edil unless there Is further discussion Please vote,
Vote results:
Motion carried
Ayes.
Nays
Council Members Penn, McCasbn, Moore. Woodward, Jefferson,
WIison, Oakley
None
Mayor Woodward said so now we are going back . unless there ,s further discussion, to the original motion to
approve, which wil incorporale Joe's change and hearing no diswssion, please vote
Vote results :
Motion carried
Ayes Council Members Penn, Mccaslin. Moore, Woodward, Jefferson,
Wilson, Oakley
Nays: None
Mayor Woodward sa id for the record and for the audience, can I Just point out that this is a license agreement
with regard to medical manjuana. This ,s still going through our Planning and Zoning Commission as far as
location so there is more to It than th is. There Is a moratorium currentty on any new eslabl1Shments cor,,mg inlO
the City so th,s ,sn'I a done deal here. Th,s Is Just the license agreement
Mayor Woodwatd said thank you Frank D11ector Gryglewicz said you're welcome.
(u) Oeputy Chief of Police Collins presented a recommendation from the Police
Department lo adopt a bin for an ordinance amending Title 7, Chapter 6D, SectJon 12 of the Englewood
Municipal Code entitled Possession of Marijuana Prohibited pertaining to enforcement. He said ii Is
recommended that 7-60-12 B, enblled ·Possession of ManJUana Prohlbil!id. be amended to read ·11 is unlawful
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lor any person to possess one ounce or less ot manjuana," where we would now add lhe language ·except ,n
accordance with Seclion 1 ◄ of Altic:le XVIII of the Colorado Constitution • Additionally the Police Department
recommends that Title 7-6D-12-1C, Drug Paraphernalia , be amended to read · A person commits possession of •
drug paraphernalia if he or she possesses drug paraphernalia and know or reasonably should know that the
drug paraphernalia could be used under circumstances in violation of lhlS Code." where once again we would
add lhe language ·except In accordance with Section 14 of Article XVIII of the Colorado Co nstitutron. • By
requestrng this add1honal language we're s,mpfy trying 10 ailgn the Englewood Mun,c,pal Code wilh the Slate
Constrtutlon as ~ applies to med ical marI1uana
• Englewood City Council September 21 , 2009 Page 15 Mayor Woodward asked ,1 there were any questions for Deputy Ch,ef Collins There were none COU NCIL MEMBER WILSON MOVED, AND COUNCIL MEMB ER JEFFERSON SECONDED, TO APPROVE AGENDA ITEM 11 (al (Ill· COUNCIL BILL NO, 43 . COUNCIL BILL NO 43, INTRODUCED BY COUNCIL MEMBER WILSON
A BI LL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 60, SECTION 12, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, ENTITLED POSSESSION OF MARIJUANA PROHIBITED WHICH PERTAINS TO
ENFORCEMENT
Mayor Woodward asked ff there were any discussion
Council Member Moore said one Issue. I think it is just a typo under Definitions There's one Instance ul ,,,e
alternate spelUng of marihuana. whlCh I'm not to famUiar with but I think II can be deleted because we have
purged rt everywhere else in the document Mayo< Woodward said whal page? Council Member Moore said
page one, right under Definitions, the second definilion. City Attorney Brotzman said there are actually two
spellings that are accepted for marijuana. We now see the one with the ·;-. The Stale actua lly used to use the
one with the 'h", thal's why .. I would actually recommend keeping "h" simply because we coord inate w,th any
old State Statutes H may be out there, so we pick them bolh up that way. Council Member Moore said I saw It
deleted everywhere else, so I thoughl that It was an issue. I withdraw my commenl
• Mayor Woodwarn asked If the re were ay other commenl5 or que ,Uons
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Council Member Moore said I'll Just add that, from my perspective. this Is a conforming amendment of sorts l l's
not a matter of what our personal posrtions are on this Issue, it's not Just the State .thls is something that the
velers of the Slate approved and we simply need to make our local laws allow fo, what the voters did at lhe
Stale level . So these are, again, Just conforming to make sure we are in line with State law
Mayor WoodWard asked ij there were any other comments There were none
Vote rHutts:
Motion carried
Ayes Council Members Penn , McCaslin, Moore, Woodward , Jefferson ,
Wilson. Oakley
Nays None
(b) Approval of Ordinances on Second Reading
There were no add1t1onal items submitted for approval on second reading (See Agenda Item 9 • Consent
Agenda I
(c) Resolubons and Mot10ns
There were no resolutions or motions submitted tor app roval.
12 General Dl•cuaslon
(Clerk's Note· Mayor Woodward began the General 01scuss10n secllon w,th Council Member s' Choice
Agenda Item 12 (al -Mayor's Choice, follows lhe Council Members' comments )
fb l Council Members' Choice
(•) Council Member Oakley
Englewood City Council September 21, 2009 Page 16 COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER MDO ~F. SECO NDEO, TO SET A PUBI h • HEARING FOR OCTOBER 5, 2009 TO GATHER PUBLIC INPUT ON A PROPOSAL TO RECOMMEND Tl THE CITY MANAGER THE SETTING OF SPECIFIC OFF-LEASH HOURS FOR DOGS FOR JASON, CENTENNIAL, DUNCAN AND THE NORTHWEST GREENBELT PARK S TO BE EFFECTIVE JANUARY 1. 2010. SPECIFICALLY: MARCH 1 THROUGH OCTOBER 31 -OFF-LEA S,• HOURS FROM 6:00 AM TO 9:!10 AM ANO 7:30 PM TO 11 :00 PM ; AN D NOVEMBER 1 THROUGH FEBRUARY 28 OR 29-OFF-LEASH HOURS FROM 6:00 AM TO 11 :00 AM AND 4:00 PM TO 11 :00 PM .
Mayor WOOdward asked 1f there was any d1scuss10n
Council Member Jefferson said this ,s not Just lo sel lhe Public Hearing bul lhIs Is also making a mot10n for the
hours. correct?
'.:ounc1I Member Moore said the mot10n Is for the Public Hearing and the rest of this ,s JUSI the proposal that we
are •e,:~esbng ,nput for at the Public Heanng So the only binding action tonight is the setti ng of the Public
hP.du.,a Council Member Jefferson said thank you for that clanr,cabOn, I just saw that other language ,n
tnere .. Counci Membef M.,ore r.onllnued saying It is to maJ<e sure that the clUzens know where we are headed
and to focus the input.
Mayor Woodward said this Is a recommendation lo the City Manager This is a proposal for a recommelldabOn
I JUSI want to add that the Public Hearing, like tonight, the Publlc Hearing is the place for the discussion and
hopefully, and I am su re they will. people that are the off-leash and the people that are lnteresled In the dog
,ssues wil be here. I am sure. and have their say
Mayor WOOdwarll asked If there were any other comments
Councd Member Jefferson said there ,s Gwen some of the commenls that we heard when we last discussed
this Issue. ,s there any interest In changing what the .. what word do I wsnt to use here. th,s start,ng po,nl, I
suppose. You know, I think we heard from some of the Gnego's and whatnot that the winter hours would be
acceptable to the all off-leash all the time . I am just wondering If, you know, we might want 10 move lo the point
of where we are beg1nmng from or if everyone ,s opposed to that idea. I would propose to move 11 lo the winter
period being off-leash all of the lime as the beginning point for the Public Hearing
Mayor Woodward said I think because we will be making a dec1s1on, based upon the Inpu1 of the Public Heanng
that, that would be the appropnate time to make those changes And I would leave ii up to other people, but I
would think we would want to have their Input.
Council Member Jefferson said sure and I think we are going to get their input regardless. I guess my point Is
iusl, you know, where we are sort of starting from I thought I heard some concessions from one side of the
argument suggesting that the winter hours Indeed were restricted,
Mayor WOOdward said well I think. and I don't know who you talked to, 11 it is just one person lhat you've talked
10 and one person ,s willing to make the concession, t t~,nk there is a neighborhood there that may hJ•,t input
And I b<oughl • up, I think ,1 was at a Study Sess,on. that I Just think thal this Is what we had come to and the
Public Hearing gives us the oppor1umty to change that
Council Momber Jefferson sa,d okay I will just reiterate. I feel these are very restricted hours and I hope we wdl
have a spInted discussion about ,1 and get II out and get an opportunity lo change It then
Counctl Member Oakley said the starting point Is lhls and if ll were lhe other way that would be the slat1Ing point
so either way. we have a starting point.
Council Member Jefferson said agreed I agree, t jusl figured that perhaps we might be w1t11n9 lo move to that
but I am happy to use 1h15 as a starting point I'll Just again reiterale my thoughts that I think 11 1s a hllle bit
restnct,ve for the off-leash
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llnglewood City Council Sept omber 21, 2009 Page 17 Mayor Woodward said 1s there any commenis from this side Council Member Wilson said I have comments from this Stde I feel 11 IS restncuve also but I realize thal we have agreed to these specific bmes 1n order Just to set times so that they can be argued and tal ked about through this Pubhc Heanng though I find ,t reslnc:t,ve Those are my comments CoJr,c:11 Member Mc:Caslin said and I agree
Councrl Member Jefferson said so leis JUSI ct.ange it
Councll Member Moore said we advertised thal this would be the starting point so all the individuals who aren't
here tonight... we go into the next meellng with something else, It 1s an up for d1sc:uss10n but we have already
advertised going Into the meeting that this will be the baseline that we would ask the discussion to work from
So because what we have already announced, I would rather staf with rt and we've got all kinds of rooms for
discussion afterwards.
Council Member Jefferson said has there been notice of this Publ ic Heanng posted already?
Council Member Moore said this is 1n the record rrom last week that this ,s what would be on the table this week
Council Member Jefferson said correct but we will still give not,c:e of the Public Heanng going forward
Council Member Wilson said ff someone 1s reading this , they won't kno-,, the changes
Council Member Jefferson said but generally how people find out about what we are tallung about at a Public
Hearing IS through the notice to the Public Hearing Don't get me wrong , I understand that, you know, some
people have probably been folfow,ng along and are aware lhal this, you know, was the consensus of the starting
off point I Just again we will have proper nobce regardless or where the starting point ,s
Mayor Woodward said I have a quesuon for Dan Dan , 1h1s 1s somewhat d1fferen1 In that we are not dealing with
a" ord,nanc:e, I don't believe City Attorney Brotzman said no We are dealing with an admln1stra1 1ve, we are
recommending to the City Manager. so are we able to vote on this after the Publ,c Heanng or do we follow the
rule that we do not vote the same night as the Public Hearing?
C,ty Attorney Brotzman said and actua lly you wou ld not vote on It that night You wou ld wa it one more meeting
Mayor Woodward said okay So I iust want to add to that then, that we will be, after the P•1bl1c Hearing 1n an ex
parte communicat10n, and when rt comes up at that following meeting, comments regarding that are to be
disregarded , And It Is the Pubhc Hearing is where we have that and we can make
Councd Member Jefferson said I guess my ma,n pomt, I guess. ,s just lo try lo make the comments at the Public
Hearing a bltle bit more broad based rather than commenting specifically on these particu lar hours lhat are In
front of us because I'm generally not supporting of those and I suspect that a fair amount will not be So. yoo
know. my proposal I guess is just to either open that up to be, you know, a llllle more reasonable lo where I
think the ultimate sofullon 1s go,ng to be or perhaps JUSt say, leis have a Public Heamg and comment on the off-
leash pol1C1es that Englewood has.
Mayor Woodward said I guess I continue to say, lhal all 1s going to come forward and I feel real confident lhat 11
IS going to come forwa«I
Counc,i Member Jefferson said fa• enough Is anybody supportive of my motion lo Mayor Woodward said are
you makmg a motion? Council Member Jefferson said would anybody be supportive of a mO!iOn to change tre
wording to make 11 be a hllle bit more broad based and sa1 can we gel comments on the off-leash pol 1c1es 1n
Eng lewood?
Englewood City Coun cil Seplember 21, 2009 Page 18 Council Member WIison said I would not be against lhat but since we have a~eady accepled Ih,s and we wdl be dIscuss1ng and we wdl have our say Council Member Jefferson said 111us1 lrames the ,ssue In my mind and lhat ,s lhe only reason that I. Councll Member WIison said and I undersIand what you are say,ng b<lt sJnc:e we have gone this far Into ,t Council Member Moore said we stood In Sludy Session, laying lhlngs Olli so lhal we can move f~rward We 901 this ,n place so lhal we can talk abOUI ,1 Lei's qu,1 deraff,ng lhe processes. This ,s laid oul Lei's move forward woth ,1 We will galher ,npul and lhen we will have a very vigorous debale and make a dec,s,on This ts jusl a
place holder
Council MeInber Jefferson said so agreed, so why nol let's Council Member Moore s.1ld because we h1ve
announced Council Member Jefferson said I undersland your comments Council Member Moore, however,
again. I am jusl going to reiterate my feehngs that rt sort of frames the Issue and frames the solution and I would
hke !ro • ;~.-ii out ~f that framewor~ ar.d allow for a tittle more broad based discussion on a Pubhc Heanng
beiac P .. at,eve that other possible solubons exisl I hear whal you are saying there and I'm not trying to
derJi l ar.1 .,rocess. I'm simply attempting to get out of this framework that I believe Is restrictive . And I cenainty
v. 11 •etpe• everyone's op,nion If they disagree I am just trying to find out where the consensus truly is right
nol\
Cour,cd 1, ... ,nber Moore said the consensus was renected in the SIudy Session All we are do,ng ,s execut<ng
on the , ,, ~nsus that we reached about how we were go,ng to move forward on this topic
M ,or Woc fward saod and I would agree I think everything will come oul m the Public Hearing So II gives us
the opporl-m1ly lo
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Council Memoor Oakley said Joe, am I undersIand1ng you nght. that you are recommending that we d,sregard •
lilt, d >' <;tudy Sess,on and go bacl( to where It came out of Parks and Recreation and start over again , is that
wha t you are proposing?
Council Member Jefferson said I guess that Is what I am proposing I am pro:,o~,ng a kttle more bfoad based
language so that people can feet free lo comment. not just about this proposal for hours but also propose
different types of sotut,ons that may come to the table.
Mayor Woodward said and I think they will come I think n Joe has proposed .. is there anybody III favor cf, If
he were to make the motion If asked, and there ,s no commenl until JIii said something about I would be in favor
of bul, or something like that. so.
Council Member Wilson said wen yeah, and I JUSt said we did this m Study SesSIOn We were au there and I felt
toke we did the process. whether t agree with 11 now or have changed my mind, you know. But I tnink ..
Council Member Jefferson said fair enough. I am hearing a consensus to support what has been ..
CouncU Member WIisen said I don't want to go back to Parks and Recrealion and start over.
Mayor Woodward said I think th, se isn·I anylhing .
Counci l Member Wi lson said but can I JUSI ask something? I mean when people fOIWard , they don't have to
follow any of this specifically? S-.veral people said no
Counc,I Member Jefferson said but that Is ...tlat's provided to them I mean. you know, they will be com menling
based on the information provided and if we provide them that this ,s the solut,on everyone ,s lootung aL
comments are going to be geared towards that •
Mayor Woodward said they will come forward hke the people came forward tonight, and ta lked about the drama
program which was very Important to them I mean. there is a very vocal group that has come forward and they
will come fOIWard with lhal and we will hsten and we have the opportunity, al thal time, to modify And so lhat ,s
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Englewood City Council September 21, 2009 Page 19 why, I mean , I guess. whal I am trying to say Is to move forward with what we have and I don't hear any suppon If you want to make a mollOn, of you •vanl lo see ,r there Is a second Counal Member Jefferson said I understand lhal I don't hear ot either so again, I am happy I move on wilh whal we have proposed I Just wanted to get a clear consen. JS and gr,e everyone on Counco4 u,e opportunity to gel on board with gelMg out of this framework for the solution and I can see that no one Is and so I am happy to move forward w,th the language Anid aga,n. I hope I'm not rruslralJng anybody I'm simply trying 10 p,omole my
views and what I think represents lhe constituency best
Councd Member Oakley said you're not frustrating me. I'm JUSI 11y1ng to see how rar you want to back up Do
you wanl to back up before the Parl(s anid Recreabon's moolJng and disregard the consensus that was gathered
there or how rar back do you wan! to go?
Council Member Jefferson said I don 't know that I. I guess. I wouldn't encourage the Council to totally dlS(egard
any committee's recommendation; however, you know ultimately, I think what we discussed at the Study
Sessoon, in my mind. doesn't make a reasonable solution ror us and you know, again that ,s just my pt!rsonal
view al the moment After speaking with many or my conslltuen ts, I believe that the majonty is not on favor or
whal we discussed al the Council SesSl~n So that ,s why, I am making this positJonal stalement now and
ultimately , I Just think that. you know, when solutions are put 1n these type of frameworks, tt realty frames the
issue going forward and I jusl you know. I would like 10 keep tt as open as possible as we collect public
comment.
Council Member Oakley said okay , you do agree though that of those people do feel that way. that they can say
that at this Public Hearing and tt could well change this whole thing?
Council Member Jefferson said agreed, agreed, I just think lhal when you provide infonm atIon ... Council Member
Oakley said I JUSI wanted you to be aware Council Member Jefferson sa t a9reed, and I totally agree w1lh that
Wayne. I was just saying that, you know, when you say hey, you throw o.. , ,ese hours thal mosl of the
comments are going to be geared toward lhal solution Would you agree w•t~ that?
Counal Member Wilson said well I think anid I was at that Parks and Rec r, .• ling and so both sides were talk ing
aboul hours which is how thal all came about, so 11 wasn't hke one Sided but lhey fett that there was some land
ol agreement or meeting in the middle. I agree thal we don't necessarily have to agree wilh this and now 1t is on
record whether we agree or nol Bui I think just lo go forward so we can move on 1h15 issue, but I understand
Council Member Jefferson said sure anid I am happy to move on the ISSUe I jusl . I WO'Jld choose a different
framework and I see thal I don't have lhe support for that so I am happy to move on . I am nor trying lo
grandstand here anid I'm not !lying to drag my feet I'm JUSt try111g lo figure out of I have a consensus or nol and
It is clear that I do not
Council Member WIison said I just lh1nk 11 Is loo bad that we didn't rethink 11 at the Study Session
Council Member Jefferson said we can rethink 11 now nght? There was laughter
Mayor Woodward said we have talked about n at lenglh. so I th111k we are ready to go Please vote
Vote results:
Motion carried
Ayes :
Nays.
Council Members Penn, McCashn. Moore . Woocward, Wilson, Oakley
Councol Member Jefferson
(11) Council Member Jefferson
Englewood City Council Soptember 21, 2009 Pago 20 1 He said I Just wanted to thank everybody for coming down for therr comments speafocally to the Pubhc Heam,g and about the Summer Orama Program I just want to reltera:e again, I fee l like, 11 sounds like a wonderful program I'll be looking for solut10ns to keep It affoat There may have to be some, either digging deep from the City or perhaps some weases In the fee-• at part1e1pants pay , but I am hopeful lhal we can all be reasonable about that and find a sotut1011 to keep" afloat going forward 2 He said to Jerry, I would generally agree with you You know, 1f we can find a way to provide some information about our fallen service people, beth military and police and fire type of service men . They do need
to be honored by our community and remembered Im wondering ~ we car do that g1v1ng our oudget
constraints In a not very experislve way
3 He said I wanted lo thank Chris and Doug and all the other members of Englewood Days for then
part1C1pat1on and hopefully the City and the pnmary organlzat10n can continue to partner to make a an even
more successfl I event going forward
4 He said to Erika and Michael thank you for coming forwa rd and ta lking about the Englewood High
Schoors parade I'm supporuve of giving some funding to them I don't know II that Is something we want to
discuss now or if this Is something you want to bring back. We have money In our anocatton remaining Of no?
Coty Manage r Sears said I don't know. I know that last year we did fund the parade. We gave them some
contributoon I think there IS a d1screllonary amount that Council does have but ...
Mayo, Woodward said I think we have someth,ng lelt
•
Council Member Jefferson said we may have to get back with you II sounds like we don't know exactly how •
much moMy we have remalnlng.
Mayor Woodward said we don'I have time
Council Member Jefferson said oh , Iha' ,s a great point The:r event ,s coming up soon
Council Member Penn said we sttll have $1,000.00 left In the o,scretionary Fund
Council Member Jefferson said IS there any d1SCUSS1011? Is !~ere a reason that maybe we should Withhold
some? Ate we all supportive of $700.00, do you think?
Council Member Moore said what was our prior level of support? Do you know Mike? Deputy City Manager
Flaherty said tasl year it was S500 00 You have $1,000.00 rema1nJ119 In your contingency for Aid for Other
Agenc.es
Council Member Jefferson said so perhaps, renewing our commitment that we did last year might be an
appropriate number then I've see a tot of nods here.
cou:1c1L MEMBER JEFFERSON MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO AUOCATE
$500.00 FROM THE COUNCIL BUDGET CONTINGENCY FUND FOR THE ENGLEWOOD H!GH SCHOOL'S
HOMECOMING PARADE.
Mayo, Woodward asked ,f there was any discussion
Council Member McCashn said I would kke to thank you two for com111g in II took a lot of guts for you lwo
youngste rs to come up and lalk in front of a bunch of adults about the great job you do ,n Englewood, so thank
you for coming I appr&ciate U •
Mayer Woodwad said yes, pass that on to your ponc)pal
Counctl Member Jf>lferson said lhal ,s au I llad your honOf Thank you
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Englewood City Council September 21, 2009 Page 21 Mayor Woodwaro asked of !here was any other discussion If no!, please vole Vote results:
Motion earned
Ayes Council Members Penn . McCaslln. Moo<e , WOOdward , Jefferson Wilson, Oakley Nays None
Mayor Woodward said thank you Joe, and !hank you (lo En.<a and Michael) for coming tonight
(111) Council Member Penn
1. He said lo rump onlo Joe's lltl1£ comrn nl, maybe we can form a etllZen committee for Ille fallen soldiers'
type lhing Maybe. Gary, you cou ld maybe advertJse thal? I do think it is something lhat probably needs to be
bl'O\lght about I don't know In what form o, to what degree thal we go with that so I think that's kind or neat
2. He said !hanks 10 everybody from the Englewood SumlTll!f Drama I know I talked to Mr Ambron today
and whoever said thal there were no conflicts al the summer program hasn'I dealt with Mr Ambron very much
There was laughter. They know what I am talking about Just go out for the play next year and you will
understand, We wen l lo the production ,r the "Wizard of oz· In 1966 so you are way, way loo late Don We wr•
JUSI outdo you, and of course , Bob and I knew Jack Flsher personally and I had him for In-class a couple of
limes and I was In his class a couple of times. It was kind of fun to do thal
3 He said the notion of the Parade of t.Jghts actIv1ly, I think we should go on wrth that and see If we can
pul our trolley r •r in that and possibly see If !here is a way that we could represent the City of Englewood but
also maybe dec<,•2le lhal up I know D<.ug would do a greal ,ob dnvIng lhal lrolley car and I know lhal hf,
doesn'I have anything else to do.
4. He said I know we menlioned ii last hme, aboul Englewood Days The committee was JIJSt exceliP.111 lo
wOII< with We put on a greal show and I !hank them all again for being there and doing all of thal good w•rk
5 He sard lhe parade Thank you Joe for doing lhal Thanks lor bringing lhat up and getting the parade
for homecoming done I know some of us have been through many, many of these paracles and unfortunately I
will not be part of tt this year so bul !hat's alright I'll get back to Englewood one of these days and hoper.,;;y
we'll get going I won't menbo~ the score from last week Mayor WOOdward asked you did get lo be part ol Iha
football game last Fr.day nigh~ didn't you. Cour>cil Member Penn said yes I did get to be part of the foolbatl
game It was JUSI different being on the wrong Side
6 He said I think one of the things that was talked aboul and I don't know If there is anyway lhat we could
hook up Jesse with the dog shelter as a volunteer . I don't know what process we could do with l'lat C11y
Manager Sears said we could make an ehor1 to talk to them and see 1f they are available Council Member
Penn said and I don't know the cri teria on lhal and everythInp so I'm sure we win have lo look at lhat Clly
Manager Sears said sure
7 He said we do have a sign code meebng tomorrow night, here In the Community Center at 6 30, IS that
correcl? 6 30 so please be involved, you people, that came down tOday The s,gn code is tomorrow You
might as well stay In the business , and stay In government and keep going wilh that. That's 11 That's all
Thank you Mayor
• Mayor Woodward said thank you Randy
(IV) Council Member McCaslrn
Englewood City Council Seplember 21, 2009 P ago 22 He said I know Doug lhat you weren'I here lasl week bul we !hanked lhe committee and I would like lo mank you and Chns because lhe year lhal you guys weren't involved, we had to cancel II I npprec1ale your suppOrt I auended that day and ,1 was well attended Thank you 2 He said Stacy and your group, thank you so much You guys were eloquent You're ~3ded 1n the right direction We heard you So don't be coming back, okay? We don'I wanl any repeal olfendeis 3 He said Jesse thal W-ds a ve,y heartfelt lesltmony JI tOOk a lot of courage lo deliver 1t Thank you
Jesse
4 He said Don , lhank you so much for coming
5 He said I wenl lo the hospital yesterday. at Swedish , and had a nice visit wilh Vickm Burton, lhe wife of
Richard Burton , who was struck by ltghtening. 11s laugh when you have a resident of Englewood go through a
lragic srtuatlOll Bui I lhmk lhat family ,s uary strong and I appreciate !heir supp0rt and I offered whatever I could
do 10 help them . I lhlnk he is on a gor j to recover, and It sounds fike tt is g01ng lo be a long one but I
think he has a lol of support I mel his o...ghlers and so I wish him luci< That's all I have.
Mayor Woodward said !hank you Bob
(a) Mayo(s Choice
(i) Mayor Worx.'ward said I wanl to reiterate SOl'le of lhe lhings Iha! were said Jerry, lhe
Idea of memonatizing fallen veterans. police and fire and I don't know, '"!larding poltce and fore. bul I lhlnk lhal
IS a great Idea. I lhmk ii Is something IMt Jerry could be Involved will' ,-.n sure lhat there IS lhe Information in
lhe fib.'a,y There is certainly plenly of hlsto,y there. 1 lhlnk that is somelhing that I would support. It Is going lo
be hart t, put thal logether, certainly 1n 2010, but over lime It Is something that could be pol IOgelher and
recogo:.,e our Englewood resldenls
(1i) Mayor Woodward said CMs Duis and au of lhe Englewood Days people, again, !hank
you for a wooderful production Randy and the Grealer Englewood Chamber, all of the work lhat was done,
lhe schools, the C1ly and eve<ybody
(iii) Mayor Woodward said Doug, the Parade of Lighls idea is a very , very interesting Idea
Again , I would hke to second the Idea and let's see if we can do something there
(iv) Mayor Woodward said In regard 10 the sign code stuff, I think lhe sign code meebng
tomorrow nigh!.. 1 unde~land lhal lhe lact11tRtc has lalked to some people, some of the businesses and is
moving lorward on thal Again, I just w. · • •a l~a• 1r • se have lo do with community slandards also
Coming lrom the busin ess world, thal was my career, lhat was whal I dld, was marketing and slutf, !here were
community standards We have been provided In our Council newsletter, I beheve ti was, corning cul of
Community Development and lhe Ctly Atlomey's Office, lhe l :melable and lhe process of going lhrough and
gelltng lh,s done Again, I lhink we are fast tracking II I think there has been some lhlnps thal have been said
lhat I disagree wit~. w11h regard lo our response lo lhe business communrty and 11',111gs, and we have, just io the
lasl year, done lhe 50 foot In lhe R-2 districts and we 901 that changed. which had been la lked about for some
hme We worked w11h the fllO on the nags mutually I !honk this Counc• had somelh1ng and some good Ideas
10 add !hat promoted that and made ,t even better And also lhe right-of-way seating that basically deals with
some of lhls sogn cooe issue W1thoul lhal, lhis sign code issue probably wouidn'I be coming up tonighl or 11 It
wa.~ such a concern 1n the bllsmess commumly, tt probably 5hould have come up four years ago, after lhe
•
•
UOC I thmk somelhing will be worked out I feel confident something will be worked ouL Again, ,rs the •
process and we have to go lhrougi lhe Cooe and we will go lh,ough the process and gel ti done
(v) Mayor Woodward said Enlca and Michael have le~ and I look forward to homecoming
gel l o pan,c,pate 111 lhal and I am looking forward to that
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Englewood City Council Sept ember 21 , 2009 Page 23 (v1) Mayor Woodward said again I wan! to thank Alan While and Nancy Reid for the ml0<matJon 1nal they p,oVldeJ us on the Code wi th regard to changes 111 that stgn code and the process that we will have to go through (VII) Mayor Woodward said Matthew, I app,eaate you• comments en the drama program and your expenence there Just to go back the $46 ,000 00 that you had mentioned was not ror the tnp to Vegas It ,s for much more than that It 1s ror the marketing materials, the filming or the disk that was made. the
handouts ol which we shl have That actual tnp for I believe was fOf four members, cost about $4,000 00 Bui
that 1s not a cheap .. you have le, pay for a pf ace lo stay a booth type of thing This was bf ought forward 10
ACE ACE was Joe was there It was unanimous A letter came to City Council supporting 1t and
compf1menbng us on the fOfesighl of sending these people for this and lo continue do,ng that Ulbmately, this 1s
about the property, wtuch is referred to as the Mclellan property It 1s property that 1s north and south of C-470
In Highlands Ranch and also east and west of Lucent Boulevard that the City or Englewood owns, th .. , we h~ve
no 1ntenbon of selling , but we have the ontenhon of leaSJng What 1t means 1s that we could experience from
52 .5 million to S4 minion of today's dollars. per year, with escalauon built 1n IO<Ward f'd lil<e to say forever but
forever 1s a long time and I won't be here ror that ll's not tax dollars It's revenue . My hat's off to the people,
the Coundl that in 1953 bought au of that property As Doug was poinbng out a couple of nights ago to me,
Mayor Mcledan That does not 1ndude the sale of OUf water and our reseNolr That does not get touched
(v111) Mayor Woodward said Jesse, I want to thank you for coming forward a couple of times
and shanng with us some things that were ddficolt I've not,c;ed you In Study Sess100s 111 the past and again, I
would like to see what we can do for him with the sheller and see if there is something he could do over there .
The RTD par1ung lot exi;anslon Is what he was talking about out here In the Fas Tracks project. we are the
City of Englewood was, as par1 of FasTracks. enbUed to 440 addlhonal parking spaces This IS roughly 225 now
and nothing is finalized It 1s going through there are a lot of processes that it has to go through so one of the
things about doing more than one ie11el and go;ng up two decks, is that the cost of that triples or quadruples the
prr.e, so n Is something that is very difficult to evaluate and fond the money !Of So that 1s an I have
13 City Manage r's Report
(a) i::,ty Manager Sears said I Just wanted to remind everybody, Saturday morning Bring your
budgets He1e ~t 8 30 a m Budget retreat We'll have the Information to you Thursday night Mayor Woodward
laughingly said someone asked me where we went on our retreat and J said we go the City Center City
Manager said budget workshop
14 City Atlomey'r Report
City Attorney Brotzman did not have any matters lo bring before Council
15 Adjourn ment
MAYOR WOODWARD MOVED TO ADJOURN The meeting adJOUmed at 9 34 pm
~\erk
•
PUBLIC COMMENT ROSTER AGENDA ITE M 7 UNSCHEDULED PUBLIC COMMENT October 5 , 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTE S
PLEASE PRINT
LeCIII ~D,yls aldlr-.lManuJ. (8tfflllllles•pilffltdln Ullldanllldfarti.,._ ,.. s,.rts . 1111ft ~ !mg home mewls ffl"" 4A ~ lllftt. ,..
Engle · ood nearly ballkt~pt ·
Council to mee t in wortshop to
solve budge t dispa ri ty of drop in
!?ven ue and jump in service costs
Al the cxbtJn, rate of dKUa&n1 rn•
nUN Md lnCNMint cotU. th-• dry
w111.i-.toclrawoohnwflyOt1
-bouncotbobl>dptthallJM
•• ,.__ wW be --by Ille mid• dlao(2009.
"Tbltbtho_...n.w..t.alro-
fn~ since I hlw: beffl on lhit di} ----John•--r,,_ ......... ,r,1n ... -~--....Uy;_.,...,_.,..,.,,..,.
.s.,-po;,,, ·--.......... Md.unlaath ............. ~
...,.........;·wW ... -:.-s..,
about Mat 2009.1 propoM" ww haft•
douoJl,dllludy-todctcnnlMa
c:ouroeo(actlontodnlwlth-1
... u an,__ avdal to the Nblff o1 ·
U..dty;"
The -oenwd and th<J plan Co <Oftduct on ln-d,pth budpt -1,.._
..._lbcmundl.......i....-u.. ....... , lentl!,ot-.day·•-·
.... 11wyderldodllwwldlabuaW
mid-July IO .-..ble the data they •
needitd and Mt the tNUe as the only
subject lex Ille July 23 city council _,_
, wbb we could ban Khedul«I
U..Sludy-_,,,.,;>,1oo,. Nld
after Moadaf• discussion. "Each-· -clolay;tbollnanc:lalpp-
~ MW! rnfflUC ls bblyto .,.._._lilde man:. I rahurntrtue-
cuBtctlonf tti"/tum a.rau.nd.soweu
Just have to tte where wr a.re lnJllly~
Frank CryJl.wla. nnancc dlrtclor,
pttNnltd lh• r1port th.at C'Onl&lnrd
the ftve.year forecNt at Salu.rd•f• city
toUndJ b4.tdsft telttal,
The forte&A &hows l't'\'fflUff e:hhu
R1t or dtdinlnt whl1• Lht-bud&tt forT-
eub abcM.&t a "'""PffNnl lnntnr ln tu
C'OlJfC'l k>nL
S..IIIO(;IT,.,
Trying ~to do
more with less
Englewood schools' budge! challenging to balance
LU.Cdl tll!l"wuoo nera,o www.e ng lewood-h e ra ld .com Budget: City to incur more sales ta~ when urban renew~I_ a~,~_ority" expire$ T hat. c·o uplcd ,-i th a coun• di-approved supplementary appropriation ofolmosl S I mil-lion l o cover lhc abo\Nudgct-snow removal costs in January, and incrcMes in fuel . hcallh in..;.uranc-e, salari es anJ otht'.'r
CXf1t'n scs means F:nglcwoocl
.. ,11 haw l o drnw heavily nn
tf'Sl'f\'t''i this v,•ar tn halant'('
the hudg<•l. .
Ill! s:iid l\.lond:1r his depart-
m cm 1sed th,• 1mdit ional prn-
i:r,1111 lo forec·a.<l rl!,·ennrs nnd
<pcnd1111t fur llw coming year.
11,._. h11tl!(t'l prnjcrlion, arc
:~.bl'rl un n :1--1 J>t..•u·t~nt in,·rca~4..•
in :i-all•s-ln.x r~vcnu c~. Sal es
ta.xc, ur<'ounl (or tlie 'lion's ·
s harl! nf city rr,·cnues. Rut busl•
nr,; is 91ow because 1h~ finl ·-Cir-y~l'•wi<'2 said. \<ithoul the l~cre~in~·~e~ue,· or reducin g q1131 1<,r ~hows thal sal:,; lax • n •rtt"\,nl outhntfly ~oney. t he ipendlng: ·. , . <ollcctions nrc or a rar with fj,t r1h· would t,,. furn•d lo ta1:c ·we can look a t •pending· veur. whic-11. he $aid. wa, not a ,.,.~11 n1nrc mon,·v from rC$u,·es cuts by dcpanmcnt.t a.s a way good salcs-t:Lt cullcctinn y,·ar. 10 halJnn· thi, ,.;,nr', lmcli;ct. •.to reduce t.hc cost oropcrnUng r.rygl~wkz ~aid 1hr c11r will ·1 hr rr_o;,-, t ;.,n is iJ>rnding t he city or the council can -benl'fil from lhc exl r.i s.,Je, ,.,fl enr.-d rr,·.-nurs b)' about oddrcu 1pecJOc a,eas for cut-taxes collected when the S I 11111111111. rt 11, we had to dmw ting 1p c ndlng.· h e snld. F.nglcwood l lrhan Hcnewal 1111 "'"''"'' fur thr SI million Moore agreed. Authority rroi;ram expires. Th,• for'""" r,•1110\al. T,,,:,•ll1cr. ·1 am fl oored to see the
r.·ncwal uuthoritr h:icl fir<t rnll 1h11<t· 1·Af"'""'s ar1• preclirll'd t u hlcax fo recut. and this Is on
o n a portion of :-ale, lair< from n ·,l111 ,, 011r rr>1•f\·c• to 11ho111 2 Issue that can't be put o(r, the
11 Ji.trt of th,· dty In rrp;iy th,· p,·n 1·111: :\l,1\'c>r pm tc111Jim councllmnn snld. "While t here
hond, for 1hr l'JIIOs rrnrw,11 \\',,.,.!"""' <.1111. -n,c council could be addillono.l revenues
prnjcct. Thi, dty ,nll "'"""' ,.,, .1hl,,h,·,I a t,iri:1•1 10 ha\'c from areas like lenses for land
ahonl $500,000 in additio11al ,..,,., ... , t u he al lca~t IO pe r• we own. we can't count on that
,at,•, t :urs nOrr thc· rrni•w.1I trnt nf 1hr i:•·n,•r.il funcl huclgrl. money until those contracts ore
a111l11irit)· expirrs in ,\ui:u<l. I lll'l1<•w n rrM'f\l! nf 2 percent ~igncd. \Ve must plnn to work
11,nl lijtllr<' will ra«• to ahoul $ I ,, 1111,11 ,·,•p1.1hli·. \\'r 11111,1 with money wc know we'll
111 ilhoo u )'<',tr ,tartioi: in '.!0Cl1-. 111111w,l,.11 1'1, l1t·iti11 tu look fur h"vc: \Ve arc II full -service city.
The monc)' from thr rcn<''"'' "•"'' 111 rr,t;,.-,. ~p1·nd111g.-llul we may have to look lfwc
a111hbri1y i~ fii111red into 1lw i';nr~· !>,•.,r-.. 1 ,1~ 111anagr r. arc going to become a dty
hudgct present rd Sat urday. ~aid the iss111· ho1I, du\\11 111 offering fewer services:-
Schools : Enrollment declines each year,· but programs remain a vital part
Sill' s:oid the toi,·cr figure is a
rc-.:1111 o flhr r<"<illrlion in Starr
n•lal cd tn dcdinmi. enrnliml'nl
and the cnmhining C\f Flood
and Sindair lo c-n.•alc
Eni:lewnod :\Joddlc Sc hool.
lnrnl 11\.~c-s nnd s tale-fund<.
Loc al lax,·s pro,·idr uho111 -1.;
percent of the dist r ict fu n tl<
while the n •m :under rome,
from the state.
It takes people to cduralr
students so ii isu·t s11rpriJaini:
th:il about 7S rwrc·rnt of t lll'
c.unt·d Mtrnlf du..;;~ ~izt' in its
,dwui<--i<:11d ~hc•rri Scai;giari,
,,·hnol honrd mernlwr. -we also
:-hnul<I he rrnud that we ha\'e
h:-tenccl to t he r enple or the
d1s1ric1. and despite t hr _fact wc
ha,·c fC'WCr ~rudrnts. we have
nor C'li;nim;ird program~ in the
r~lst imposing student fees.
"District.s surrounding u s
charge students foes t o take
part in aclivWes or sports and
even t o p ark-in the student
parlc.ing lot.· h e said, "I think it .
is lo the credit oflhe district ·
t hat. even thou gh fees would
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PROCLAMATION WHEREAS, the cost of retirement continues to rise m the United Stales and the need
for greater savings grows; nnd
WHEREAS, many employees may not be aware of their retirement savings options or
may not be lalcing full advantage of their workplace defined contribution plans to the full
extent allowed by law; and
WHEREAS, all workers, including public and private sector employees, employees of
tax -ex empt organizations and self-employed individuals can benefit fi-om increased
awareness of the need to save for retirement;
NOW THEREFORE, I, James Woodward, Mayor of the City of Englewood,
Colorado, hereby proclaim the week of October Is•• through 24•h, 2009 as:
NATIONAL SA VE FOR RETIREMENT WEEK
in the City of Englewood, Colorado.
GIVEN under my hand wid seal this 5"" day of October, 2009.
James K. Woodward, Mayor
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i'ltO C I ,HI AT I ON WHEREAS. domcsuc v1olcnee is a serious crnnc that afTcc~, people of all races. ages, gender, and mcomc levels: nnd
\VHEREAS. one in four women will become victims of a violent relationship in their lifetime,
whil,; 16~4 of all physital as.,;aults m the Uruted Stales commilled lllJlinst men are by their
ra,tners; and
WI ll:REAS, '.he crime of domestic violence violates an •ndividunl's privacy, dii:nit}, security
nnd humanity due to the sys1cmatic use of physical, emotional, sexual, psychological nnd
economic control or abuse, and
WHEREAS, domestic violence docs not d1scnminate based on race, age, sexual orientation,
religion or gender but happens to couples who are married, living t~gethcr or dating. h happens
to couples who have separated or divorced. It affects people of all socioeconomic backgrounds
nnd education levels; and
WHEREAS, domestic violence is not a pm'ltt family m:lller -II is a crime. It ,ifTccts not
only those who are abused but al so aff:cts family members, friends, co-workers and the
community 01 largc. Children who grow up m the midst of violence have a much higher
incidence of depression, suicidal tendencies, cnling disorders, ond many other devastating
syrnp1oms; and
WHEREAS. as c111zcns of a la" •abiding nnd just society, we must make a commiuneot to
clmunme domestic violence, to raise awareness of this crisis m our commurut1es, 10 help vicnms
break free from the cycle of violence. and to hold ll ITenders accoun1oblc for their crimes.
NOW, TIIEREFORF., I, James IC Woodward, MayoroflhcCny of EJ.;;lewood, hereby
proclaim Octob«,r as L>omcstit \'iolencc Awareness Moot~ in the Citr of Englewood.
GIVEN under my hand and seal this s• doy of October, 2009.
James K Woodward, Mayor Pro Tern
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COUNCIL COMMUN ICATION Date: Agenda Item: Subject: October 5, ~ooq 9 a I Ordinance Cranung an Easemt>nl 10 Puhlic Ser\ice Comrunv In itiated By: Staff Source: Depar11nen1 of Public Works Dai e Henderson, Enginee ri11 g/C ap11al Projects Administrator
COUNC IL COAL AND PREVIOU S COU NCIL ACTION
No previous Council action
RECOMMENDED ACTION
Staff recommends Council approval of a Bill for an Ordinance authorizing .;i "G rant of Easemenr to
Public Service Company IPSC) for the Install ation of underground electrica l lines on City-owned
property at I 07 4 West Dartmouth Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVE S IDENTIFIED
In January, 2009, representativPs of Public Service Compa ny (PSC), contacted the City regarding the
installation of a new electrical line along South Platte Ri1er Drive . The proposed line would back-tJp
the e.1sting electrical ser\ ice to the area bounded by Hwy. 285, Dartmouth Avenue, Santa Fe, and
Platte River Drive. Typically, PSC mes to provide electrical service from two sources in case of an
outage or requi red repairs. Constru ctr on of the new apartment co mplex in the City of Sheridan
accelerated the need for this back-tJp point of service.
Staff discussed alternate ahgnments with PSC. Two alternate alignments were considered: 11
utilizing existing Right-of.Way along South Platte River Drive to Dartmouth Avenue and 2) PSC
obtaining easements from private owners east of Platte River Drive and boring unde r the Little Dry
Creek Channel. PSC preferred alternate No. 1 and successfull y negotiated easements from the
private property owners.
PSC requested permission to install the electrical line before obtain in g formal approva l of ar1
easement from Englewood City Council. This would ,1llow them to complete the work before the
new apartment complex was opened and would assure that the legal description lor the easemen t
from Englewood 1s based on the ac tual field location of the bne. We issued a "Temporary
Conmuctlon License· to lacilitate this process with the unders tanding that City Council approval
would be r1ecessary for a permanent easement. The work was completed in Ausus~ 2009.
Legal descriptions were delivered to the Citv and checked by Public Works st.iff.
• FINANCIAL IMPACT
There are no financial rn1pacts related to this transactton.
UST OF A TTACHMfNTS Aenal photo Bill for an Ordinance Easement documl'nt •
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ORDINANCE NO SERIES OF 2009 BY AUTl!:J RITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIi MEMB ER ____ _ A BLLL FOR AN ORDINANCE AUTIIORIZING A "GRANT OF EASEMENl"' TO PUBLIC SERVICE
COMPANY OF COLORADO/XCEL ENERGY TO INST ALL UNDER GROUND CONDUIT
FuR ELECTRJCAL SERVICE AT 1074 WEST DARTMOUTH AVENUE.
WHEREAS. 1he Public Service Company of Colorado wishes 10 install electrical lines in
conduit under the City of Englewood owned propcny located a1 1074 West Danmoulh Avenue;
and
WHEREAS. the Public Service Company of COiorado assumes full and strict liability for an)
and all damages of every nature 10 persons or propcny caused by or in connection ·.,·ilh the crossmg
installation by Public Service Company of COiorado;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The Grant Of Easement between Public Service Company of COiorado/Xcei
Energy and the City of Englewood, Colo111do for 1he installation of an undCIJ!TOund conduit and
electrical lines for electrical service at 1074 West Damnoulh Avenue, auachcd hereto as
'Exhibit I. and consists of two (2) parcels," is hereby accep1ed and approved by the Englewood
City Council.
~-The Mayor is authorized to execute and the City Clerk to a11cs1 and seal th~ "G11101
of Easement" for and on behalf of the City of Englewood, Colomdo.
lntroduccd, read in full, and passed on first reading on the s• day of October, 2009.
Published as a Bill for an Ordinance in the City's official newspaper on lhe 9• day of October,
2009.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of
October, 2009 for thirty (30) days .
ATTEST: James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis. Ci1y Clerk or1hc Ci1y 01 Englewood, Colorado. hereby cenify 1~011hc obo,·c and foregoing is a true copy of a 81 11 for an Onhnancc, introduced, read in full, and passed on fim rcadin11 on 1hc S1h day of Oc1obcr. 2009. Loucrisluo A. Ellis •
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GRANT OF EASEMENT THIS Gram of Easement (this "Grant'') ,s m.1dc this __ day of _____ _ ____ _, 2009, by the CITY OF ENGLEWOOD ("Gran1or") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110, 10 the PUBLIC SERVICE COMPANY OF COLORADO/XCEL ENERGY, ("Grantee") whose legal address is 1225 I.,. S1rce1. Denver. Colorado 80202-5533.
The panics covenant and agree as follows :
I. Easement Propgty. The "Easement Property" shall mean the real property located in the
County of Arapahoe; Staie of Colorado, more panicularly describes as a ponion of Parcel
No. 1971-33-4~79, also known as 1074 West Dartmouth Aveoue, as shown on Exhibit
A. anached hereto and incorporated herein by reference.
2. Considmnjon. As consideration. Grantee has given Grantor 1en dollars ($10.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged by Gran1or.
3. Goot of Easement. Gran1or hereby grants unto said Company, its successors and assigns a
non-exclusive C&SCIIl~'lll to construct, operate, maintain, repair and replace utility lines and
all fixtures and devices, used or useful in the operation of said lines, through. over, under,
across, and along a course as said lines, as shown on Exhibit A.
4. ~-Grantee shall have lhc pcrpctual, nonexclusive right of ingress and egress in, 10,
over, through and across the Easement Propeny fo r any purpose necessary or desirable for
the full enjoyment of the rightS gruited 10 Grantee under this Grant.
S. Rcs1ora1jop Grantee agrees Lha1 after the construction, maintenance, repair, replacement
or cnlargemen1, if any, of the electric u1ili1y line, Grantee sbaJ.I restore the surface of the
Easement Property as nearly as possible to th• grade and conditions existing immediately
prior lo said coDS1JUCtioo. maintenance, repair, rcplaccmenl or enlargemen1. G1'11Jllee
further agrees to replace any topsoil removed from any cullivatecl or agricultural areas on
the Easement Properly and 10 remove any e~cess earth resulting &om said consll'Uction,
maintenance. repair, rcpl~t or enlargement, at Grantee's sole cost and expense.
6 No lmprovcmepts. Gnintor coveoants and agrees not 10 construct, erect, place or plan any
"Improvements," as hereinafter defined, on the Easement Property without obtaining the
prior written consent of Orantee. "Improvements" shall mean any structure, building,
planting. trees, shrubbery. or garden other than a grass type lawn cxcep1 for any required
flood control facilities
7. Subjaccnt and Lateral Suppon. Gran1or co",riants and agrees I.hat Grantee shall have the
right of subjacent and lateral suppon on the Easement Propeny to whatever extent is
necessary or desirable for the full, complete and undisturbed enjoymenl of the rights
granted 10 Grantee under this G1'11Jlt,
Ru!hts or Grnntor. Grantor reserves lhe full right to !he undisturbed ownerslup. use, and occupancy of the Eascmcm Propcny insofar as sa,d owncr1hip, use and occupancy is consistent with nnd does not impair the rights granted 10 Grantee in this Grant. 9. Abondonmmt In the event that Grantee shall abandon the rigb1s granted to II under tlus Grant , all rights, title and interest hereunder or Grantee shall cease and tenninate, and Grantor shall hold Easement Propcny, as the same may then be. free from the rights or Grantee so abandoned and shall own all materials and structures of Gran tee shall have a reasonable; period of time after said abandonment in which to remove any or all Lines and
Appurtenances from the Easement Propcny. In the event thot Easement is abandoned by
Grantoc, Grantor shall have the right, at its sole option, to require Grantee to remove or
neutralize any improvements coostNCled in !he Easement by Grantee
I 0. Warranty ofTjtle. Grantor warrants and represents that Grnntor is the owner of the
Easement Propcny and that Grantor bas full right, title and authority, lo grani and convey
to Grantee the Easement.
11. Bjndjng Effect This Grant shall extend 10 and be binding upon the heirs, personal
representatives, successors and assigns of the rcspcctive parties hereto. The ternlS,
covenants, agreements and conditions in this Grant shall be construed as covenants running
with the land .
IN WITNESS WHEREOF, the parties hereto have executed this Grant of electric utility line
easement the day and year firal above written,
GRANTOR:
City of Englewood, Colorado
ATTEST By: _____ _
James K, Woodward, Mayor
Loucrishia A. Ellis, City Ocrk
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STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
GRANTEE: PUBLIC SERVlCECOMPANY OF COWRADO By_...,,..j~-l-~===--Jay A A ent for Public Service Company
Colorado
Re onal Vice President,
Customer and Community Service
Department
The foregoing inslrument was acknowledged before me thi~ day of
A:«Jl(est , 2009, by Jay H= as the Regional Vice President, Customer and Community
Service Department of the Public Service Company of Colorado.
WITNESS my band and seal. t.J14e,. ,4 £~
My Commission expires: ll/.;..,•7 / J,,::'/(?
Notary Public
MyCamilslb, E,pr.,. I lf291.!010
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EXHIB IT A EASEMENT NO. l
AN EASEMENT SITU A TEI> IN THE SOUTI{EAST QUARTER OP SECTION 33, TOWNSHIP 4
SOUTH , RANGE 68 WEST OF THE 6 IB PRINCIPAL MERIDIAN, MORE PARTICUI.ARL Y
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON nu, SOUTI{ RIGHT OF WA y OF WEST DARTMOUTH
AVENUE AS DESCRIBED IN BOOK 7784 AT PAGE 211. FROM WHICH POlNTTHE
NORTHWEST CORNER OF THE NORntEAST QUARTilR OF THE SOUTHEAST
QUARTER OF SAID SECTION 33 BEARS N 41°18'42" WA DISTANCE Of 48.47 FEET:
THENCE S 00°0022' WA DISTANCE OF 13.77 FEET; THENCE S 89'40'18" EA
DISTANCE OF 16.00 FEET; THENCE N00'00'22" EA DISTANCE OF 13.47 FEET TO
A POINT ON THE soun1 RIGHT OP WAY OF DARTMOUIB AVENUE; THENCE
N 88"34'38" WA DISTANCE OF 16.01 FEETTOTHEPOINTOFBEOINNING ,
COUNTY OF ARAPAHOE, ST A TB OF COLORADO .
EASEMENT NO. 2
AN EASEMENT 10 FEET IN WIDTH SITIJATED IN THE SOUlllEAST QUARlcR OF
SECTION 33, TOWNSHIP 4 SOUIB, RANGE 68 WEST OF THE 6 TII PRINCIPAL MERIDIAN,
BEING S.00 FEET ON EACH SIDE OF IBE FOLLOWING DESCRIB.ED CENTEIU.INE:
BEGINNING AT A POINT ON THE SOUTH SIDE OF EASEMENT NO. I FROM
WHICH POINT THE NORTHWEST CORNER OP rnE NORTiiEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 33 BEARS N 40"33'2$" WA DISTANCE Of
66.13 FEET; THENCES 18'04'5S" EA DISTANCE OP 139.20 FEET; TIIENCES 38°45'08" WA
DISTANCBOF 137.76FEBT TOTIIEPOlNTOFTERMINUS. .
COUNTY OF ARAPAHOE. STA TE OF COLORADO.
DtiSClW'tlON PRllJ'ARW BY:
PAVIDSTECK. PLS l◄ll7
73◄9 ORANTRANO! BLVD. ftl4
t.rrTl!"roN • COLOJW>O tom
(303) 99.S-Ol◄I
SKJ.-T I OP •
STECK AND ~OClA TES
7J.19 0AAJ,lf RANQI ~LVD. ffl4
UITBTON ,COLORADO 80123
(JO]) 99)-01◄1
l'IJBUC SERVICll CO.
l!ASEMENl'
aTY OF EN<llENOOO . DMTMNl11
JOII NO 09--Gl.OS DAl'S: JUNE 16. JIQ9
EXHIBIT A fJCITf IIIIS OflAWINO lS t.lEANTTODEPK:T Til'f! ATTAClfED LEOAl fl£5CklPTK:lt" ;.HO ts FOi\ 0.a'OkMA11()tlAL '11RPOSES Otrt. \', 1 f DOD NOT WRESENT A MOtl\JM£N1£D WfD SUR VEY NW CORNER, Nl! II< SE 114 SEC. H, T. < S, R,61W,rntr M N SCALE· l'•IO' W. DARTMOlITH A VENUE
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COIICUTB
UIIWCREO(
;
16.01'
EASEMENT .. NO.I ~
16.00'
DETAIL
SHEET2 0F2
STECK AND ASSOCIATES
73◄9 ClRANT llANCH BLVD,#114
Ul1BTON , COLOIW)O 1012J
(303) 99l-O 1'8
PUBLIC SERVICE CO
EASEMENT'
CITY OF EIIGI..EWOOI), OARTMOl/lll
Kia NO. OM.UU 0,,\ ff, AA-a If. JODf
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ORDINANCE NO SERIES OF 2009 BY Al.'TIIORITY COUNC Ii. BILL NO 3' INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AUTHORIZING A "LICENSF · CITY DITCH CROSSING AGREEMENT" AND A "TEMl'ORARY CONSTRUCTION EASEMENT" TO Jill HUTTER FOR THE
INSTALLATION OF A GARDE?\ BRIDGE CROSSING THE cm· DITCH .
WHEREAS. Jill Huner wishes 10 install a garden bridge crossing the Cit)' of Englewood's
Right-of-Wa)• for the City Ditch at the approximate loca1ion of 3700 South Ogden: and
WHEREAS, the License Agreement will allow Ms Huner 10 install a µeden bndge in the
existing easement 10 provide ac,:ess to a small ponlon of her propen y without trespassing through
adioining propcny: and
WHEREAS, the City will maintain the Cny"s easement and the right to install. repair. rcmrve or
relocate the City Ditch al any time deemed necessary: and
WHEREAS. M,. Huner assumes full and strict liability for any and all damages of e\'er)' nan,~
to persons or prop<.-ny caused in connection ,.;th the bridge crossing pro,ided by Ms. Hutter: and
WHEREAS. the City rt-servei the right to make full use of the propcny in the opcrntion of the
City Ditch; and
WHEREAS. the En~cwood Water and Sewer Board reviewed and recommended City Council
appm, al of the Liccnsc-City Ditch Crossing Agrcerncnt and T cmporary Construction Easement al
their August 11. 2009 meeting:
NOW. THEREFORE. BE IT ORDAJNED BY THE cm· COUNCIL ()f THE Ctn' OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The License-City Ditch Crossing Ab'l'eemcnt and TemJ)<•rr Construction Easement
between Ms. Hutter and the City of Englewood. Colorado for a garden b ,dge cross mg over the
Cil)• Dileh. attached hereto as "Exhibit I.• ,s hereby accepted and appro, ed by the Englewood CII)
Council
Section 2. TI1e Dircc1or of Utiliucs ond Cheimmn of the Englewood Water end Sewer Board
arc authorized 10 excculc and the Cily Clerk 10 n11es1 nnd seal the License-City Ditch Crossin!,!
Agrecmcn1 and Temporary Construction Easement for and on behalf of the Cit)' ofEn8lt"·ood.
Colorado.
lmroduccd. read in full, and passed on first readin~ on the 21st doy of September. 2009.
Published as a Bill for an Ordinanc, .n the City'i official newspaper on the 1s• oiay of September.
2009 .
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Pubhshed n, o Bill for nn Ordmnnce on 1he Cny"s officml -.cbsnc bcgmmng on 1hc 23rd dn) of • Seplember. 2009 for thiny (:10) days. RcJd b)' 111lc and passed on final rendmg on 1he 5th J ay ofCk1oher. 2009 . Pubhshcd b) 1111( m the City's official ~wspapcras Ordinance No _. Sencs of 2009. on 1he 9th day of October, 2009. Pubhst.cd b)• title on the City's official website be1?1nning on the 7th da) of
October. 2009 for thin) (30) days
James K. Woodward. Mayor
ATTEST:
Loucrishta A. Elhs. Cny Clm:
I. Loucrishia A. Ellis. City Clerk of the City of l:"glcwood. Colorado. hereby cenify 1hm 1hc
ab,wc and f0tt1?oing is a true copy of the Ordinance r .s.sec on final reading a_'ld published by
title as Ordinance No ._, Series of2009 .
Loucrishia A. Ellis •
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LiCENSR • c:,:y D'TC3 QBQSSlliQ li <:P.F.JiMt}"" TKIS LICENSE AGR!llilMENT, u:acio •nd onlot•c!. Into•• c!thil ~,i._,, of ,]JL'(. ?QQ'I --_, by end botw••• tho CITY OF lilNGLEWOOD , • municipal coi."Pti:ation o:'~" af'Colora.d.o, hlrcabnfonetl tori. .. •c~-:.1.,., C.."l~ . ;nu.M.~ htnin refe:T&t to 111 '1.Jcena:t. ...
l\'l'!'NESSETa: Tb, Ciir wllhom C\V wurant)' ol ia titio o, b,o,ut whateoover, ho.-.:'J
DUUloru:U L!,.n .. ,, Ito.,, .. , ... ,, ••liJD•, t.olntta'.:. ~~!Sri-I$
over th& Cit)'• rl:i,::,,oC,wny for tho City Dl1<h. domiooe •• a p•rool of Ian~ ■ltucteo ir. tho_
ttnJ)/\115! AUA!..Tpg ofSactioo_~!2~--
Townlhio 5... ~if Rong: 613 Y:l5i'I: of !ht
• PY.., Colllltr o! Al'11l'1>.hoe, S"'te of
Cnlonulo du::, .. 4 •• ~■:
F.
nli. ~ 1/z. Of li!E l,'./E'S!' ¼ OF-111£ VII~~ Or~ tm41:.4Sr ~ Or lll:
SGI.Jt!lt/\/!:Sr ¼, Orllle, NOP..tl-lvv'~ Y1r-OF secntN 2, bJNS"IP s so.ml
~E. 6B 'tft;S"( OF 1~ 61!/ f'RlNCIPAL M~tt>IAt-(, caJN'ft ()F-,AP..APAH0£, CO ..
J\WIW';' 31?00 S~ 001>~ Stem". ~t:6W@ CO 6)113
1. A:nr conatruct.iou co:1umplal11d or pcric:me6 und~:-thic LieGJlae 1hall 0G:IJ)l)y with o..rui.
co:>!orir. to •=ciu&, (ormuloted by the Dirootoc .CUtiliti .. of the City c:i.; tuch 00:atn1cti0:,
,hill be pt:iarmeli iind compl1tocl a.a:o:ilig to tDo pla.."\t, oo:uic,\.:t:;t a! o=c rile.et, t CO}l:\. C:
whi:h ii attccil.eti htrtt.o m1C. :c.o.~e t ;,ar.: iie....._ot
!. Tht uceneee shall n~ tllc Ci<i'• D'.rtcu,r a! Utllltiu <.: leao: lllHc (8) dt:,,1 ~,;.., tc th•
llmt o! com,no,.oeman: a!th1 eonmt"'~ ~ a: c,v repaln llllld. le, Ll<aneoo'• AE!OEr,!
l}RIDG.E CRD$tl\!C-
-----,----:----,-----------'D tll,i. the Cit)' roor, ir. iu
i!i■at:ian, inlpeat sucl:. opertllone.
3. Within thim• 130) claye from tht do., a! tl,, ca:11J11en=e~1 o! 00111t:Uchm1 rr. aoid
GAf'-P:E.N Bl?ID6E ~EOS$iNG, --
the Llcen,oe 1bal! complota IUDh oona!n>ot!on, place onti mtin\oin permll>Ont, v'.aibl.t
,...iw,, c! • type anci at tuoh Joootion, .. dul;natad by th• Oicy'a Diroo,ar a! Utilities ,
, .. !mL~t I<> tho ccnterlln• of tho inotulAtion and a hell elon, the crou!nr aroo. o! all
c::instrwction debri, a.nd. reatoro the ~eo. to ita pnvioue concHtior. an near n1 me.~ bt
rouonabie. b tbo ovont th, planl:,g o!th1 oontorllna m::rk~:s and the cloub1£ d
NIKO':"'t.~.OC the aoatinu: aro1 ii not ~mplote:! within the ~t 1p1=.'itcl. the Cllir m~·
compl ete the mni: at C.. ,al, exp1n1e o!uo Lioen ....
'-Tha City shall hlrft the ~ht to malatau:, inl:all. rope!, l'tmovo o: :eloaa.te the Cit)·
Dllol: o: any otba: ~Its Cacllili•• or inrtalllltiant wlr.h!n th, City'■ ri1htt,o!,1nf. at tml' t:111•
end In ■ucb manner•• tho Olti-deem, nemae1y er convanion •. The Oley muvo, foe
E
,xc."""• ni:J-,, t.o con=: >I: 1ce:m,n1< """ :, .. ral~~o:,s. b: :ht eve.:-., ll>t G}.ep'fJ/ Bf?l i:>.;la -~L--citoulf ::nerfttrt wt,h an)' tu:= un o! :ht Cl')'• r!:h:,,-:f-wey br th: Ci1r lhl Lican,u •1u::t.: upor. :-e(lua11~t1t16. r.-: lu 10\c ~xpenH, rtlocnt;i , nar:c.ntc, or nn::iavc itr 1n:1:.CiJD.""..ion e 10 u no1 t.e l.."'lt!!'C<1rt 'ft•!O-. !Lnr 1\1ch uu. t. Anr ropDir t.:' repic:emtn; c.! u,.y Cuy m,:all4t.la::. ma!ie :.\lc.Gt:1\ in th.a cminioc of~ City a Diroot.or o!UcJ!lW>t b:aiUH o! lne co=a1,u:t100 o! lhc C-rA&l?c-K j5e I Pti-E
C-f?Q~~ING or other ap~urttncn:
tnc1.,Jll1UOu ~of. ahal: be me<ie at ~he tole upent(\ oft.ht Licons~c.
C. Tho c'-..iplll•tion en!i oondltion, o! thl1 Licl!lll •h•ll be !n,:o:pori,'6:i lnt.o =tr!ICt
!lpb:~Ctltion s i! tht:1 constructio~ horoin r.utb.crlnd in tb be ciono on e. c:ontrtlct b11,rik.
7. The :ight> o.nd pr>'>1troo "3tt11d u, !l-.il Li:anat shall be aul,jc:l r.o prfQ:-o(IJ'Otm<nU.
hc1111M And.lor cror:.u, rtconi~ c:1:-unttcordet, a.nd tt 11b1TI bt lbe :u~•• eole
re11pon1foilit,y to dete!'minei tht1 u:iotence o:! acid d-ocl1m.ent.e o: cotdllctin£" u,.e• or
:l11 ts,,ilr.':.1cnu1.
8 . ':"no :.lccn••• thnll Cllll-:ad. cnt. M ir cooporcto whl: Iha Cl,)", porecnnel uwi lh•
Cllneituct:ion ehtll be ccmplc1,.: wltho111. !no,,forencc ~,it.h an)' lowful, u,ull r,r o,dir.uy flow
o! \\1tit.or throuc-h the Cit)• Ditch. Uconne 11i1all aas\lme aU r1elu inciCJi:in.t CG the pouible
prn~ncc of auob. wcum, or a! 1to:-m wait.e~.c, 0l' o! cu.---f&ct wa.tne Sn tho. Cl;ty Diteh.
9. All ttenchn or bole, wilhir. !he Cii.y•, rights-of-woy 1h.U be b;cl-.lilloil •nd 1011>pld to the
orlr!nol grou11d line in lu~oro nm t.o •.c•• ab; (B) moho• lo0>0 mcnour•"' o compnctlon o!
ninety perccn: com;J 3,.nthr<l Prao:or M1<:::rc\lll'. Dc:wi.y.
lC. Lica:isee, b~· accopianco o! !hili L;cenA~ cxpr4H~1• tGa\\met fufi cnO t\..'1ct. liobility fo:,
llll)' •nd nil d~m•,•• of cvo:-:1 not111c 10 pareci,_111' pr<>p•~i· o,w:,:i. by WA\OI' !=om tho dlioh
leol:inr :hroush the dltcr. oonl:a.,. pipol:ne at tho poin< o:-;,olnu ~·h!,.. tho I.icon .. •
p.•1!mn1 anr warl. in cot.:iL-:i:m "ich the c:::iml:nc provicio.:! b)· :hi; llcente, 'Inc !Jea~
a 11umat all re1J')Onafbilie,.· fa: mainu.nanctr cf. th.I IJ\nallatic=-.
ll. Ue,,naa• ah,U indemnify u•I envc h~l•ee tho City, !ta ofiicer< onli eroployou,
•~:wut Cll)' •rut Ill clal:na, clamrcct, atcciDIUI 0: ........ "'ac'.lon l2ll<i c~ to "hid, it
or U,ey mey be oubjtc:md by nuon ofao!c !-zA&t,.;N !3RI~ }N!t
boins within onli DC>'OII and u:wr the pre'llllHI of !he City or br rco1on o! ony wcrk Ilona or
omluio& ma.de by Lirenaat, Its opnta m c::,ploy11a, in oonna:tion with the oonatru'1Jor.,
,oplacomenl, molnicnanca er !'8p1ir or anid lnmtlil>:im.
1:. lt 4 oxpreub •ll"'•ii 1.hot m ou, o!Lioena .. •• bruoh o: cny of tha within prcmlaco. l:.ht c,~· JnQ,V. at UO oplinll. ~Ve opociSo p...rc:11111n0< lh=of, or .... W!' IWUJCI ro•ulllnJ from
IUU broach.
lC . Upon abandonment of oi1i· tl;ht or p::Ml,s• bAroin Jranted, the rish\ o! Liconace tc !.!lot
ex,om t!>Gll i.!'JlliJU:111, bot its obl!ratlon :e ind omni Ill' ane .. .,. horl:llo,. th• CltJ•, ii..
o!li~rc •n4 lll\Jlio),•tt, ahAl! no', !e'DW!Jlie in ~y tvtnt.
l:'I crontin; tbe obovo authorioot!on, the 'alb· ro,e.-.oo tbo ri1ht to makof.Jl uoo oftbo
propor:y i,,volv16 •• "10J' bt DICOHU)' °" coovonl•nt h, lht operation o!the wet.or workl
plr.:.t and .,..tam undor !ht ,...,..,J o!tbA Cl.r.
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In grantL'lg the above allthorization, the City rese:ves the ris)u to mal(c full use oflhe proper!)' involvell as may be neussary O! converu:nt in the operation of the w:ue: "'orks pllllll and syswn und~ control of the Ci!). 1K WITNESS WHEREOF this in511'111Dcm has be=i: e.xei:utcd as of the day and
year fim above wri11en.
CITY OF ENGLEWOOD
B)~ _..,..St-C\\_'lrt_,,H"''.-=F:-onda--:---------
Director of Utilities
City of .:nglewood
B)~ --=Ci:-llllllll..,., _an _________ _
Englewood Waic:-tnd Sewe: Boan!
The undmigned offic~ of ______________ has rend the
foregoi:lg License and a~ for an on behalf oi said _______________________ tii!!itwill
ace epl 11:1d will abide by ull the terms 1111d conditions thereof.
LICENSEE: )
Title: ___________ _
Addr:ss: 3-lC,(J 0 (bai-11 St,~
Cfrtty 1-1,lb \',1/llOC, Cf 80 113
Phone: _-'-'17.0;..;;....;....1_,SS~. Pk"-"~'---
NoW)~
(i.) , •,Jct If £,,D, (\,.:)
)
My commissioLJxpircs:
JC /3) II
CINDY EVANS
No,ory Public
State of Colorado
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TE?,tnORARY CONS'rRUCT!Ol\ EASEMENT
This Tcmpore.-y Consi:uctior. E11Semcn1 (the Temporn:y ::!as:mcnl) is C!\torcd into
tbis .28_ day of ..11Jbt., 200q by !lid between the Ciry o:Englewooo, ColoraJio, a
municiptl e01poration o: tbe mte of Colorado, acting by tho through irs Weter nnd Sewer
3oud (Gnntor) mt JUL I' HJClEIL ________________ (Grantee),
WHERE . ..S, '!'be City of :ngbwood owns e right-of-wr.y fa: the Ci~• Diieh, a cmi::
dhch (Chy Dit:h RO'\\') which i5 lo:or.ed as described .oo Exltlbil A.
WHER.E....S, Stu ffi, Ytmr~ d!sires 10 L'l.ltall I GJ@B,! &i21DGE
__,ao""" ... w""" ... r.."'-. -----,---,------within th: Ci!)' Dir::b ROW
pursu:w m • licwe betW:en the pani~.
NOW, THEREFORE. 1n consideration o: the muruQ) covenants of the puties,
mor: pankular!y hereinaft."! soi forth, the adequacy IDd &Ufiidenoy o!whl::b. are hereby
acknowledged, It is agreed ai follows:
l. Temcpmy Consc:ucJjor, Euem;m. Engiewooc; (e< Ci1111110:) b:re!>y p:i:s
10 JIU Af. HlrTfe42. (1s Gromc&l, !u successo~ oas!gns,
conrroctors, nnd sllb-cOllll!cto:s, ! non-:xolusivc t:mpo:ry corumiction
:.ascment through. eve:, under ond ocross tho City Dilcl: ROW for tbo
installation of n G4et:>n{ BRl12i,, E C'f?c,SStbV'-.
,..,...-----....,.,---,--,----------punuam:to r.
lic=c agre:men: (the ~roj:ct~
2. Term of F.a.,;me;,~ The Projec: will beifn no soontr th1111 A1)1tgT, UlOj and
will be completed DO later than M"I(, Z,O!Q . Complecion of th: Ptojc::
will b: deem:d ro bavo o=nd upon insp~on end approval oftllc Project
by Grantor e.nd thi! TcmporL')' Ea1emcn: win b: d~med to have temlinared
upor, su::h oompl:tlon.
3. 6£i;,U. Cmn1c: ,ball hnvc th: tcmporory non-exclusive right to :nter th:
City Ditc~ ll.OW for 1111y reasonable pWJ>Ose nemrur or pllldan: ior tii!
construction of the Proie:t subj:ct to th, followini rcsr:ictio~s: I) nonnal
worldns hou:s sholl be •~Misten: wit!! COO!' constni:tion iioutt. Monday
through Frldt)' and 2) L~c operatlon of cquipm:nt !llld hocV)' tnacl:s will be
p=ii~ oc :he .Englewood City Dltth ROW only du.-ing normal woddng
houn .
Res10,atjon. U?oo completion of th• Proje.."'., Grantee 11.-iU perform sucb restaniaon and regnding as is n=so.-;· or prudent t0 r:S10rt the su.-fuce a..-ec of the City Dm:h RO'\\' ro its onginol condition. S. Indemnification. Grantee, t0 th: :xu:n1 ?cnnittcd by the laws Jill<! consdruaon o:che St&t: o:Colorado, b:re!Jyagrees to be liable and bold harmless th: City of En glewood, itS employees, ten1111ts, and guem from any
and all claims, causes oi action, and liabilicy whi ch may occur as a result of
the negligent o: wroagful atts of Grantee ill the conS?rU coon of the Project,
iocludinc the cost of cief:nduig against sucb claims.
6. l.iabjhrv. Grentc: her:by acl:nowledges tlll! it undersmnds tl:tat there is V.'llte:
!low in the C1:y Di~h from April 1 to November 1 of each year and mat it
will assume hability for any damage to adjoining property caused by water
Oov.• rcsulring from damage to the City Dittb caused b)' the Grantee's
consauetion act ,vanes.
7. lnsunmec. Grnntce shall maintain in full force and effect a valid policy of
;osuran~ for :he Proje:1 in the amoun! of $600,000.00 propctt)' coverage and
$600,000.00 liobihty covem1e . Gnnt:e funber agr::s that all its ccploye~
contracto rs and sub-contl'tl:tors workins on the Project shall be covered by
aci:~uate Worker, Compensation insurance.
&. Assjgnmem. This Temporary ConstrUction E3s:ment is assignab,: on!)' v.itb
the written p:nnission of Engl ewood, which p:rmu;si on will oot
un.,usonably withheld, cooditioned or deleyed.
1l\ WITNESS WHEREOF, the parties hereto have execut:d tbis t:mporur:I'
constrUCtion Easem ent on the dlt: ond d!)' itm wriru:n above,
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~A>: N~. 3037e36S9, In granting the above alllhonzari011, the City rescves the right 10 mal:e full use of Ille pn,peny involved as may be n=ssary or convenic:nt in lhe operation of the water wor!:s pllllll and system llllder control of tho City.
IN WITNESS WHEREOF this instrume:n has been c:i.:eewd as of the day and
year 5rst above wrinen.
CITY OF ENGLEWOOD
B>~---=---------Stewart H. Fonda
Director of Utilities
City of Englewood
B>~--=-,-----------Chalnnm
EnJlewood Wller and Sewer Board
Tnc undersigned officer oi _____________ has read l'lle
foregoing Liecnsc and agrees for an on behalf of said
-----,--,--.,...--::--,------,---------that ii will
aeccpt and will abide by all the 1«IJlS and conditiOJU th:rcof
Tille: __________ _
Address: 3;J:; S. Oadm St red
Uy/ 1t1 fu ll{ ~j l0qe , fJJ ~!/3
I T 1
Phone: 7,ZrJ.4;38-/;7'}
Nowv.
lux1y .r vo n 1
I '
My coIIUDi5J6' expires:
10 /a I II
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CINDY EVANS
Notary Public
Stat e of Colorado
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TEMPORARY
CONST.
EASEMENT
EXTENT
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I ~., 0 GARDEN CROSSING LO CA T/ON ~ • r.~ A fS ~ EXCERPT' OF 11/£ IIIPROVfJ,/ENT SVR\£Y Pl.AT AS RECORDED ON JUNE 4, 2004. RE'C£P110H HO. 0277J, ,IT TH< I • • 20'-0 ~ f ;
NW'AHO: COUNTY Cl.ERK. STAJF OF COLORADO. HO \IERIF104nON OF THE RECORDED IIAP WAS DONE. . •
2. SINCE NO L£GN. R£fXJRDINC Of THE CITY OF £NGl,£WOOO'S DfTCH R.O.W. IS FOUND AT THE ARAPAHOE COUNTY Cl.ERK. 111£ EXTEM' ! ~ j
SHOWII IS APPROXJ/,IA'ftD ttl1H /NFORW.TJON SUPPI.IED BY 0111/Y 8URRAC£ OF THE IITIJT1£S DEPARTMDIT. tM1EZ1 JULY 22. 2()(19. a e 8 "LS270 i i'
iJ. i WEST 1/4 CORNER Or
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S::CTION 2, TiiS. R6BW,
FOU'l:> Al.UM. CA0 MARK"t.O
-,d----------"·
PHYSICAL ADDRESS OF PROP£RT't': J700 S. OCODI !iTREIT, ENCI.EWOOO CO BO 11 J. i g
PROPENTY OWi/ER: JILL HUTTE1I -------: ■ ! ~
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FINISH GRAD! l
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PER/BE:AAI £ ~ TYP.
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4X4 POSTS / o 4'-o· o.c.
2-2Xl2 B£AI/ ~ TYP. OF .J SOUD 8LOCKlNC
AT 1HIROOF~ I 2·-~· -i-2·~·
.... ----s·-o · 0 GARDEN CROSSING SEC~~~ ,·-o
\. EXJST1NG
L ,s·-o· CHANNa I
CENT.ER 1tl CENrER ~
OF Pf£R
,___ ___ 18'-0" GltROEN CROSSING LENGTH -----!
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CONCR£1c pt(;R ~ 6 1tlT.
0 GARDEN CROSSING ELEVA T!ON ... -■ ■■ ■ HUTTER RESIDENCS, CITY OF CHERRY HILLS VILLAGE ■ ■ ■ GARDEN CROSSING OVER CITY OF ENGLEWOOD DITCH
·:~D~A~~--,, .... ~Y~a~~="'~n~.-= .... =--""'"T".o«D:::=.-..;._,.-;._...;.;...--1
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S//JPSDN ST110NG nE: OCC+<I CAP ro BE: C(ST IN PIER CONC.
W/ 1-/J " 4 •-0• BENT THRU
BOLr HOLE AS SHOWN ~
PROVID£ 4-5/a .. " J"
w; BOL15 ro BOMS
GARDEN CROSSING
CONNECTION DETAIL
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.. .. HUTTER RESIDENCE, CllY OF CHERRY HILLS VILLA. ■::.1-=~G~AR~D~E~N;,,.;,CR~O~S~S~IN~G_O~VER,,,,__C_ITY.....,.~~~-~E~N~G~LE~WOOD.;.;;.;~D-IT~~~-1
DA'II: .U.T 21, 2001 l'ft C'l'C ~
~ f»J) r.).tN) ....,.,....,......,..,_.,....-+,,.,,....,...--...... ----------1
,., flOJ) r,-,,., .a "°' -..00 IHIXT NO. EXHIBIT C
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ORDINANCE NO S1:RIFS OF W01J IW Al 1111()1(1 rv COllNCII Bil L Nll. JQ 11\TRODUCEI) RY COUNCIL ME\IBl·R ~IOORF AN ORDINANCE AUTHORIZlll:li A •UCl::."NSE CAOII'< MEADOW TRANSMOUNl AIN DIVERSION PIPE CROSSING AGREEMENIT" TO DAVID AND JUDITH II UETER FOR TIIE
INSTALLATION OF A DRIVEWAY OVER TIIHTrY OF ENGLEWOOD'S RIGIIT-OF-W,\Y.
WIIEREAS. 1he Ci1y of Englewood's Rigl,t-of-Way for 1hc Cnbm Meadow Trnnsmoumn,n
D1vcrs1on PmJCCI 1s lncmcd in Cirnnd Coun1v across from the Winter Par\: Sid area. and
WI IEREAS.1hc City's pipe is used as lhe outlet for lhe Mc.idow Creek Rcsc'l'Voir, which is p.in
of Englewood's ,nw water; ond
WHEREAS, David nnd Judil h Hu eter submiued o request for a License Agrccmcnl to install a
driVCWa) over the City of Englewood's Righi-of-Way for the Cnbin Meadow Trnnsmountain
Diversion Project; and
WHEREAS. the City's pipe is located in a Coun1y road and the ndj acco1 owner's proposed mad
will cross the Righi-of-Way hu1 will 001 ne1unlly cross the exis1ing pipe; and
WHEREAS. the City reserves ~,e right 10 make full use of lhc properly necessary in the
opernlion of lhc Cabin Meadow Transmoun1a1 n Diversion pipe or any <>ther of i1s facilities or
111s1alln11on w11hin the City's Ri~11-of-Way: and
WHEREAS, !he Hucter's (Licensee) expressly assume full and s1rict liab1li1y for any and all
damages of every nature 10 person or property caus,:d by the point or points where 1he Licensee
pcrfomlS any work in co11ncc 1ion wi th the crossmg of the Cab111 Mcado" Crc-ck Tmnsmoumrun
Oil'crsion pipe Right-of-Way: and
WH EREAS, the Englewood Waler and Sewer Board rc,icwc-d and recommended Coy Council
approvnl of the "License-Cabin Meadow Trllll$mountain Diversion Pipe Crossing Agreement" nl
their July 14. 2009 meeting;
NOW. THEREFORE. BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COl.ORAOO, AS FOLLOWS:
Section I. 1ltc "Lieensc-Cahm Meadow Trn11smounta111 D,versioo Ptpe Crossing A~recmcnt"
bet we-en the I luclcr's and the Ci1y of Englewood. Colorado 10 install a dnveway over the City of
En~IC\\OOCfs Right-of-Way for the Cabin Me.1dow Transmountllin Diversion Project located in
Gmnd Cowuy. auached hereto as "Exhibit A," is hereby occcp1cd nnd approved by the Eni:lcwood
City Council.
Sccuon 2. Inc Director ol L'ultues and Chamn .. ,n <'fthc Engle11ood \\'ater and Sewer Board are au1hori1.cd 10 execute the u~cnsc-Ci1y Ditch Cross111g Agreement cnt1tlc~1--uccnse-Cab1n Meadow Tmnsmountam O1\·cmon Pipe Crossmg Agr<'<'mcnr· for and on behalf of the City of Englewood, Co lomdo. lntroducc-d. read m full. and passed on first readmit on the 21st day ofS~'l'tember, 2009. Published as a Bill for an Ordinance m the City's official newspaper on the 25"' da)' of September, 2009.
Published as a Bill for an Ordinllrwc on the City's official website beginning on the 23rd day of
September, 200Q for thirty (30) days.
Read by title and passed on fiMI reading on the 5th day of October, 2009.
Published by tit.le m the City's official newspaper as Ordinance No._. Series of 2009. on
the 9th day of October, 2009.
Published by title on the City's official website beginning on the 7th day of
October, 2009 for thirty (30) days.
James K. Woodward, Ma)'Or
ATTEST:
Loucrishia A. Ellis. City Cieri:
I. Loucnshia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby cenify that the
above and foregoing is a true C<lpy of the Ordinance passed on final rc.lding and published by
title as Ordinance No._, Series of 2009.
Lourrishia A. Ellis
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L!Cl!NS!! -Ci\DlN Ml!ADOW TRANSMOUNTA(N QIVl!RSJOt> PIPP. CKOSS(NG ACHUiEME,'IT T HIS l,IC:P.NSF. At1RP.F:MF.NT, madennd entered •:,ro n., nf1hrs 1 t=dnyof J ...-+--,-' 2009, by and between the CITY OF ENGLEWOOD, a municipal corponllion nt the Stale ofCnlorado, heroin rcfcmxl 10 os ''t:ity" and U11Vid &. Judith Huac,-, h,n.i11 n:lem:d to as "Licensee".
WITNllSSl!Tii: The City wilhout any Wllmlllty of iL~ title or interest whatsoever, hereby
aulhorr.<C,j Licensee, ii$ suoocnur, assi811$, tu insU!ll • tlriwway access uvcr the City's
rights-of-wny for the Cnbin Mendow Tmt1$moun1J1in Uiversion Projc:ct, dC9Cn'bcd u •
J)IU'Cel of land situated in the NWl/4 SWJ/4 of Section 24, Township IS. Rnnge ?SW of
die Sixth l'.M., County of0nw1, SIJllc of Colorado.
I. Any MnRtructlon cnntemplnted nr pnrmed under d1is Uccnsc shall comply
with und (:(Inform lu standllllls fonnulalcd by Grand County and the Director of
lltilities of the City nnd sucil e<>n&tn,ction sllllll be performed and complet~-u
acconllng to these sllU!dards.
2. The Uccnscc shllll notify the City's L>i.rcctor of Utilities 11 lcas1 tlrn:c (3) days
prior to the time of commencement of the construction of, or nny rcpilirs mndc 10,
LicOJ1U1ue's drlvew1y awcsM ....., lhlit th<> City may, in its discretion, inspccl such
nperotions. T ho Ucen""" os.sun,es oll reoponslbllitv for malnlcruuico ol' lhu
lru.11ll1tiun. ·
3. The (.;ily shnll hnvc lhc ri,:ht to mnint«io, imt11ll, repair, rcmov.: or Nl=re the
C.bin Meadow Tnlnsmountuin Diversion Pipe or cny other of iLs faci lities or
u11tlllla1io1rs wilhin lhc City', rigbts-of-way, al any Lime and in ~ IIIIIIUICI' IIS
the Cily deems -~ry or convenienL The Ciry ~ th• exclusive right 10
wnlrul all .-nents 11nd il'ISl~IIMlioos. In the event the driveway acccs3 miould
interfere willl any future use of the City's righ11-of-wny by the Cily, the Llc,;ru;~
mtll, upon rcquee,1 and at illl sole expense, relocate, rearrange, or remnve ill<
iOJtallatio0$ ,o u not lo intcrfa-c with 1111y such use.
4. Only ColO!ldo Department of Motor Vehicles legal mot<>r vehicle lnads are
Klluwal lu QU$¥ ur lnl•I.Tlov lhu Cily'v rigl~f-wuy.
S. Any repair nr ....,incoment o f any City inl:lallation made -.iy, in Ilic opinion
of the Ciry's Din:aor uf Urilitles, beQUSI! uf the construclion of the driveway
llC0eS3 or od,c,-appu~cnant installation thereof ahall be mndc at lhc sole 1:1tpunse
ufthc licensee.
6. 'Ille righrs and . privilcilct pied in Ibis LiCQJSll shtlll be: subja:t lu prior
agreemeors, licen.~ 11nd/or gnmL~, recorded or unremrded, ond ii shall be lhc
Li<X:~•, sule ~mibilily 10 ilt:lermine the exislMce uf said documents or
conflicting uses or ill$!Jlllntinns .
• • M I e I .,. A
7. Licensee shall inclmmify 11nd ... .., h,umJCS¥ lhc Chy, ii• ullillaS •ml employee., aga insl nny nnd nll cln ims, rinmnges, nc1inn~ or cnu•e• of oction nnc! expcMes to which it or I.hey may be subjeetcd by moon uf mid drh-cw11y •c=-s being within 11,c 1igl11s-01:woy of lhc l !ily or by rcnson of nny work clone or omi ssion mndc by I .iccn.,ee, it< agent, or employees. in connection with the conscruction. r~placmu:nl, m11inlc11ancu or n:p,iir or ~aid inslall~liou. 8. II is cxprcs.sly agreed thru in ca.,;e nf I jcet1.,;ee'a bread! of any of the within promises. lbc Ci1y may, at its option, huve ~11..,ific pt:rfonn11nc1: lhc-n:of; or sue for damages rcsultini: from such brcach.
9. Upon abandonmetit of any rigbtorprivilcgohen:in gn111h:d, the ri!!hl ufLicemc:e
lu Ilia! CJ<lcnl altall lcmlinuc, but its obUgadoo 10 indemnify nnd save hannlcss
the City, its officer• 011d employee!!, .<holl not termlnoto in any event.
In a,anrinn O,c nbcwc m1thrni1.nl.inn, the City reserves the right In make full u.,c of the
property Involved as may be, m:c:esSllf)' or 0VOvari111t in II•· upa11tion or U,., Clibin
Meadow Trausmountaio Uivcrsion S)'Slcm under the control c,f chc Ci ty.
IN WITNESS WHEREOF this i11wlrumc111 b11t b.x:t1 CJ<ccutod as ofU10 day and yw first
obove written .
CITY Of 1:!NOLt::WOOr>
By: ____ _
Stcwan H. Fonda
Din,,.'tor or Utilities
City of f'.nglewood
Chnirmoo
Englewood Wlllur and Sewer Board
The undmigntd llllll NMd the lon:1:uh111 Liccrnu: 1111d 8grCCII lhat lhcy will accept wlll will
abide by RII tl,c terms nnd canditions thmof.
DAVID & JUDITH HUETER
644 OOUNTY ROAD 8 #302
BOX 1450
FRASER. CO 80442•1450
JACQUELINE ERICKSON
NOTARY PUBLIC
STATE OF COLORAOO
My Commission Expires I ;i.,,11,
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Exception·
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Denver Water Board
Int. R.et: # 970125
• Amended David C. 60' Easement Rec.
Rec. No. 99005811
Exception
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COU NCIL COMM Ul~ICATION -------~--------,--------------·-I Agenda Item: I Subjccl: :)ate: October 5, 2009 9 c I L/E W\~•TP Manurr Spread,•r Purchase lniliated By: Staff Source: l/E WWTP Supervisory Comrn,uee Stewa rl H. Fonda, Uulllles Olrcc1or
Jim Tallent, Opera tions DI, isl on Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Cou ncil approved d1e capital replacement of one manure spreader in the 2009 budgeL
RECOMMENDED ACTION
The action recommended Is to approv , by moiion lhe purchase ol one new manure spreader
fr om Kuhn North America, Inc,, C reel y, CO, i e amount of $67,598.07.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Littleton/Englewood WWTf' Beneficial Use program uses a manure spreader to apply domestic
wastewater bios-ilids 10 farmland in an agronomic reuse program. Manure spreaders are on a (,.
year replacement schedule due to heavy use, One spreader was budge ted and scheduled f0<
replacement in 2009, replacing a unit purchased m 2002 (this replacement was deferred one year).
An invitation to bid was sen t oul by the Col) ol Englewood Purd1aslng Department \\ith a bid
specification for a model 1den11cal 10 one purchased on 2008, from Kuhn-Knight TI1ls specifica tion
was used due to tracto r se t-up, 01>era1lng environ ment and unit cJpacity, Bid lnvota tions were sent
to Kuhn-Knight dea lers in th e region and open to national bid . TI1ere was one inquiry abou t
accepting a subm i11al for a lik e unl1 (nC>I Ku lm-Kn ight) and substitute eq uipm en t was allowed for
review, if the vendor des ired (no al1ern,11e su bmitta l was received), O ne ve ndor responded to the
invitati on with a bid.
A technical evaluation of the bid unit was completed and it is technically acceptable, The bid
amount (with trade-in) was less than budgeted. A purchase recommenda tion is attached.
ANANCIAL IMPACT
Tiie funds f0< the purchase of the manure spreader are included ,n th e 2009 budget. TI1e purd• •
price is under the budgeted amount f0< 1hls u1111. Tiie Ci ties of Englewood and lotdeton will sha
the cost of this e,pendilure 50/50
UST OF ATTACHMENTS
• Bid Proposal Tabulation
Techni cal Evaluation
Recommendation for Purchdse
Capn,11 Ou tlay Requ,•sl
• • City of Engl ewood B i d Tabulation S h eet IFB-09-112 Bid Opening Dal •: September 8, 2009 1 :00 p .m . ITEM BID: Bid Manu re Spreader Vendor .. -··--· i,cuhn North Amarlca, Inc. 701 Cherry Ave. Greeley, Co 80631 800.253.5611
N/R = No Response
Man.ure Spraad•r $73,2118,40 (lessira.l n of $10.525.20) CV type Dr111e S hafts (2) $4,483.52 Spare Parts $341.35 Total "7,508.07 • ExcepUons: See exceptions section of bid d ocument.
Specifica tion Manufacturer
Model
Minimum capacity (struck) 625
cu ft
Maximum height
115 inches
High noatation under-carria.1,
and tires, utilizing tandem
11Xles
PTO speed
1000RPM
Interior coating, capable of
withstaodin~ material pH
Exceptions
Wammty
Delivery
3 References
Tota l Pritt
{Including trad e-I n an d
o pllons)
Technical Evaluation Manure Spreader Bid September 8, 2009 Kuhn North America Inc. Kuhn K.nil!ht
8150-TR
Yes -668
103
Yes
Yes
No
Provided interior
coating is
standard (this is
acceotablel
I year on unit
7 vear rust-thru
45 days following
acceptance
Yes (3)
$67,598.07
• Vendor
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:I ID IORAN 0 UM TO: Dennis Swwc. Plunt Manager
FROM: Jim Tallent, Operations Division Manager
DATE: September 8. 2009
SUBJECT: Purchase Recommendation for M1111urc Spreader
On August 11, 2009. an in vitation for bid (IFB-09-11 2) was se nt out for purchase of one manure
spreader for the Littleton/Englewood Wastewater Treatment Plant The bid specification was for
a model identical to the on e purchased in 2008, from Kuhn-Knight, due to tractor set-up,
operating environment, clc. Invitations were targeted to Kuhn-Knight dealers in the region and
open to national bid. There was one inquiry about accepting a submittal for a like unit (not
Kuhn-Knight) and substitute equipment was allowed for review, if the vendor desired. One
vendor responded with o bid .
111c submittal was reviewed ond n technical evaluation is completed. The unit, os bid, is
technically acceptable.
Also requested with the bid was a listing of options and recommended spare purts. Aflcr revi ew
of the submittal, we will include one discharge shroud wuh the unit purchase. Recommended
order is as follows:
• Manure spreader per Specs (I)
• CV type drive shafts (2)
• Operation and parls manua l
• Discharge shroud (I)
Subtotal
Less 1rade-in offer
Total Bid
$73,298.40
$4,483.52
NC
$341.35
$78,123.27
<$ I 0.525.20>
$67,598 07
I recommend purchase of one Mode l 8150-TR ProTwin Slinger Spreader from Kuhn North
Ar .cricn Inc., Greeley, CO, in the amount ofS67,S98.07
This purchase will be charged lo account number 90-1702-61301 fo rthe lJE W\Vl'P .
Cc Alicia Stutz, Purchasing Adminislrator
Kevin Engels, Acc1>untnnt
2009 OP ERA TI NG CA PITAL OUTL AY REQUEST • ! Dcpm1men1 or Fund: UE W\\'TP ! D1,is1on : 90-1 702-6130 I Description of cqu1pmen1 M 1>bjcct expenditure: Mnnurc spreader Explanation of necessity or benefits of this expenditure:
Used io apply biosolids 10 pennitwd fonn sites. Replacement sch~'llulc 6 years due 10 heavy
u~c.
Total costs of placing
CQuiomcnt in full operation:
Estimated Costs Unit Cost Total Cost
Purchase Price 70.000 70,000
Installation
Total 70.000 70,000
Less Trade•ln
Total Net Cost
Annual OoeratinA Cost
Total First Year C'os1 70.000 70,000
ls this expenditure necessary because of increased personnel?
No
Recommendation for equipment displaced :
Trade or heavy equipment auction
Approximate date of purchase:
Summer • 1or,
List and dc:.i ribc similar equipment in department:
I ~ -Knight side discharging manure spreaders (purchased 2008)
rurchasinr '-.gent's Comments:
--
City Manager's Review: Approved: __ Nol Approved: __
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City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE : October 5, 2009 A Public Hearing to gather input on a proposal to recommend to the City
Manager the setting of specific off-leash hours for dogs for Jason,
Centennial, Duncan, and the Northwest Greenbelt parks to be effective
January 1, 2010. Specifically: March 1 through October 31 -off-leash
hours from 6:00 am to 9:00 am and 7:30 pm to 11 :00 pm; and November 1
through February 28 or 29-off-leash hours from 6:00 am to 11:00 am and
4:00 pm to 11 :00 pm. (The off-leash proposal will be voted on at the
October 19, 2009 City Council meeting.)
SfEC:.TD L1-rr1..€77>/J, u)
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• PROOF OF PUBLICATION
City of Englewood, Co lorado
Official Website
www .englewoodgov.org
I, Loucrishla A, Ellis, City Clerk, for the City of Englewood, do s11t.:.w1ly swear
that the attached legal noti ce (Notice of Public Hea ring, October .5, 2009, before City
Council) was published on the Official City of Englewood Website from
• September 23 , 2009 through October 5, 2009.
State of Colorado
County of Arapahoe
ss
Subscribed and sworn to before me on this 51h day of October, 2009 .
My Commission Expires: November 8, 2012
SEAL
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CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING October 5, 2009 at 7:30 p.m . Notice is hereby given that the City Council of the City of Englewood, Colorado, hH scheduled a Public Hearing at a Regular City Council
Meeting on October 5, 2009, at 7:30
p.m. in the City Council Chambers of
Englewood Civic Center, 1000
Englewood Parkway, to gather ' i;bllc
Input on a proposal to recomr r• d tn
the City Manager the setting c-
speclflc off-leash hours for uogs for
Jason, Centennial, Duncan, 111J the
Northwest Gree:,belt parka to I·,
effective January 1, 2010.
Speclflcally: March 1 through
October 31 -off-le11h hou,. from
6:00 am to 9:00 am and 7 :30 pm to
11 :00 pm; and November 1 through
February 28 or 29 -off-ltHh hOU1"8
from 6:00 1m to 11 :00 am and 4:00
pm to 11 :00 pm.
All Interested part111 may expreas
opinions In person at the Public
Hearing or In writing to be received
by the City Clerk by 5:00 p.m. on
October 5, 2009. Anyone wishing to
speak at the Public He■ ring may call
the City Clerk'II Office, 303.762 .2405
or 303.762.2407 to schedule their
pre■entatlon or a algn-up aheet wu,
be avallable at the door.
By order of
the Englewood City Council
Loucri■hla A. Ellis , MMC
City Clerk, City of Englewood
1000 En glewood Parkway
Englewr d, Coloredo "" • I\
PUBLI S, , : September 23 , 2009
Official II. .ialte of the
City of Englewood, Co lorado
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Gmai l • kttcr tu city c,)t mcil letter to city council Jennifer Quinlivan <quln_deslgn@yahoo .com> To : Co ll een McManus <eumember@gmail com> Dear City Council: Page I nl'2 //)1 Colleen McManus <eumember@gmail.com> Mon , Oct 5, 2009 at 12:23 PM
I am having this kttcr read in my absc , c. I wou ld have liked to be there in person to voice my
opionior,s and thoughts .
In the last months Eng lewo od nl cashed, the Parks and Recreation Dcpartmetn and City Council
have been forced to dwcil on a non -issue . An iss ue only raised by a few th at will ulTcct many . lfis
unfortunate that so much time , money and clTort has been wasted on this non-issue . An issue thats
main fC1rus is mainly abou t dog feces. An issue that will remain whether a dog is leashed or olT-
leash. An issue that ha s distracted Council an d valuable resources away from issues important to the
City of Englewood. I fed embarrassed to be involved in such an issue . However. I deeply feel that
this iss ue ha s now become more than dog feces. it is an iss ue about how some bad appks (I don't
mean the dog owners using th e park) can threaten. bclinle and give ultinmtiums to our City
government to get their way and enforce restrictions upon a larger group. This makes me very sad
and le ss hopeful in our govcrnmenl. A go vernment of and for the people .
for the last months our group. Englewood Unleas hed. and "off-leash" users of designated parks
have taken the high road . an that be said for the opponents lo fr ee, multi-use parks. NO! They
have used all unscruptulous tactics at their di sposa l. Involved professional politician s. who arc now
using the issue to funhcr the ir careers . This is out of hand and it need s to stop now . It is time for us
to stand firm and not be rolled over by a fe w bad apple s.
Englewood Un leashed and off-leas h users have worked hard lo present ideas and rcsonabl c
solutio ns. offered to pay for possible solutions. and provided continual educa tion to all park users of
a de signated "o fl~lea sh" park . Can lhe opposition say the same'? No . We arc the stewa rds of your
park s. You have heard from off-leash users that the y contiunally clcm1 up the park. pick up trash.
th e occasional mis sed draping . and pro tect the park l'rom crime and vand a li sm . Can the opposit ion
say !he same? No. they just complain and ask you to do more . We come from all nround the Metro
area to use or live 11cnr one of the parks . We s pend mone y herr whet her we live here or not We
love our parks otherwise we \\ould not so pa ssiom1 tcl y be try ing to save it. We ask for nothin g other
than the opponunity to use the parks in a way that we enjoy.
I have three siherian hus~i cs. I do not use the olT-lcash park. but dt1 use the des ignat ed dog park .
1 lu skic s arc not good off-leas h in an unfenced environue :11. 1 lowcver. it is of crilicul importance to
me as a dog owner that dog s be socia lize d, trained and exc,ciscd. It is :m aweso m,, fact that there arc
so many peop le in our community that have pets that me a le to respec tfull y use tl1c off-leash park s.
Sure there are u couple Clf users who need to be educated on the use of the park s. Tha t can be done
very simply and Englewood Unleashed hu s offered to cominuc their educational efforts . provide
signagc. and fundraisc for ot her poss ible so lutiu ns. Education is 1hc ke y to thi s non-i ssue. Peo pl e
ure inhcrintl y re.-pcctlii l and wnnting to be good park users. good apple s. In every case there will he
som e oad users . we wan t to educate them . Wh y would ,,c enjoy n park or dog dropings and out of
http ://mai I.goo gle.c om/mai l/'/ui~2& ik ~cc21 I 62u59& vic ,F pt&scarch =inhox&msg= 12425 ...
• Gm3il -lcncr to city ~'Ouncil rage 2 of:! control dogs? We do not. That is the only thing \\C h::,c in common "ith the bad appk-s. Sccondl). I wn I Cr} impassioned to the fact thnt a Counci l would consider restricting un entire sckct group of people from using a multi-use (ksignatcd park. Where \\~II it stop? The solutions on the table incluck: better signagc. better education of park uscri; and potential users. physical brurieri;, and rcSlricted houri;. The fonner are all po~iti,c solutions, win-win. All users will have a better idc3 on the proper use or the park~ and how to be the best steward of the pnrks. The later is win-lose, not on proper solution. The fonncr can also be easily added without much headache. The later involves more pressure on an already ta.~cd City government .. With more sign~gc. tic' ~ling. investigation. education and survelli3Jl<.e. The later is also taxing on the off-leash
users . Who wants to be at a cold pnrk in the dark? Nobody. Is that safe? No. Would the opposi ti on
feel an1/ differently if they were asked only to use the park late at night in the winter? Yes, they
would i,nd you would hear about it. We have tried very hard to promote the fo,.,,.er and have had
:.;·eat response. II just makes more sense and does not restrict o group of r rs to an unsafe,
1n::,rac1ic:d and expensive solution. l am appealing to the City to at a maxii ,1 implement beuer
~..,~ use signage at nil "off-leash" parks, continue to work with Englewood unleashed on educating
the ?ublic, and selling only restrictive houri; during the swnmcr months from Memorial Day to
Labor Dny . A win-win situation. Also these minimal time restricitons should only be applied 10 the
current parks in question. The parks that are not ClCpcriencing this non-issue should not be inc luded
No injustice has been done with the occasional dog droping. but a larger injsulice will be made
with putting restrictions a selected numbe r or park users. At what point will the opponents to dog
users now decide that they don't want another certllin group using their park. Will it be based on
• something farther reaching? Will council pul restrictions on them also? Where will it slop?
•
ln closing I want to thank you for lll~ing time 10 listen to those who have taken the high road an<i
?(>lille) asked for continual use of the parks inn way that --.e enjoy. Thank you for now pulling nn
end to this non-issue.
Sincerely w1d respectfully submillcd:
Jennifer Enger
4775 S Pennsylvania St. Englewood, CO
http://mniI .11ooglc.com/muil/?ui=2&ik L-c23 I 62a59& vicw=p1&scarch=inbox&msg= 1242S ... I 0/5/2009
Gmail • Fw: Dog and l'urks • CM ii Colleen McManus <eumember@gmail.com>
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Fw: Dog and Parks Englewood Unleashed <englewoodunleashed@yahoo.com> To Kim Love <av1larcomm@yahoo com>, Colleen McManus <eumember@gma1t com>
-On Mon, 10/5/09, KH ly Sugden <sugdoness@llotmait.com> wrote
Mon, Oct 5, 2009 at 1 :40 PM
From: Keely Sugden <sugdeness@hotma1I com>
Subject Dog and Palts
To. councd@eoglewoodgov Ol\l , "Englewwod Unleashed" <contadus@engtewoodunleashed 0<9>
Date Monday, October 5, 2009, 12 45 PM
Dear City Couoot.
The off leash pnv,teges at the city palts are very Important to me It's the only 'extra' city serv,ce tha: I
use regula~y The dog palts are a great community resource. bri nging people and animals together on a
deity basis
I am unable to attend tonight's City Council because 111 be et WOil< This Is a huge reason why his
Important to not to limit hours. Many people have wol1< schedules that wou ld make using the par1< almost
mposslble t know from going on 'off · hours (such aa mid morning°' ear1y anemoon). that 1he palts a,e
aparsety used at those time \llnult a waste cl beautiful pal1< apace and tax money to limit the use.
Also, I don, wanl precious city funds to go towards buying signs and enf0<cing limits at the pelts. There
is much bettet use ol tax money than to spend ~ hmlted Cllazen use cl our pa,.s
I realize there have been complaints about certain Instances wllh dogs, Humans misuse the paits as
weM t have seen drug use and other unwanted activity at the pall<s. When I show up with a dog or 2 lhey
move on (the dogs go 1110 an 1he nooks and crannies) Having people there exen:raing dogs helps to
keep that type of behavio< out of the palts
Please don' let the beautiful parks go unused. Bates/Logan pal1< had this happen and tt Is not used
nearly as much The people around the pal1< have • nice emply plll1< :hat 1s pa,d 10< with the community's
taxes. That II not the purpose of a par1<
Thank-you for your conSlderat1011
Tax payer, home owner, and vigilant voter,
Keely Sugden
Holma,t Trusted email wdh powerful SPAM protectton Sign up now
hnp://mail.l,\OOl,\ic.com/mail/'/ui 2&ik cc23162u59&vic, pt&scurcl ,~inhox&msg I 2426... I 0/5/200'1
Le igh Ann Hoffhines ~om : nt: o: Subject : Denr Cit) Council. Keely Sugden (sugdeness@hotma,I com) Monday . October 05 . 2009 12'46 PM Council Englewwod Unleashed Dog and Parks /{ I The off leash pril ikgcs a, the cit) parks .,re ,cl) imponnnl 10 me . h's the onl~ 'extra' city sen·ice 1ha1 I use regularly. The dog parks arc a great communit) resource. bringing people and animals together on a daily basis.
I um unable 10 a11cnd tonight's Cit)' Council because I'll be at work. This is n huge reason wh y it is impnnant 1<1
not to limit hours. Many people have work schedules 1hn1 would make usi11i: the park almost impossible . I know
from going 011 'o ff' hours (such as mid morning or early afternoon). that the parks arc sparsely used at those
time. What a waste of beautiful park space and 1n.1 money 10 limit the use.
Also. I don't want precious city funds 10 go towards bu)ing signs and enforcing limits at the parks. There is
much belier use of tax mone)' than 10 spend it limited citi1en use of our parks .
I realize there have been com plaints about cenain instances \\1th dogs. Humans misuse the parks as well. I ha ve
seen drug use and ot her u11wnn1ed activity at the parks. When I show up with a dog or 2 they mo,·c on (lhe doi:s
go into all the nooks and crannies). Having peop le there exercising dot • .ps 10 keep that type ofbehuvior out
of the parks .
• ease don't let the beautiful parks go unused. Bales/Lognn park had this happen and it is not used nearly ns
much. The people around the parl.. ha\'e a nice empty par!. that is paid for \\ilh the community's tnxc~. Thnt is
no t the purpose of o park .
Thank-you for your consideration .
Tax payer. home owner. und , igilant \'Oler,
Keely Sugden
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•
f,ql,wood Lu~ • To: Honorable Mayor and City Council From : Englewood Unleashed Board of Directors (EU) Date : 09/29/2009 Re : Off Leash Priv i leges EU would like to take th is opportunity to address to City Council the feelings of our
members and oth er users of Jason , Centenn ial and Duncan Parks. We felt that it was
important to gather and disclose the opinions of those that util ize the off leash pr ivil ege s .,i
these parks, as well as include a packet of what we've presented i n the past
As you will see from the representative survey enclosed, we asked park users what their
prefe re nces are regarding the suggested compromise . Overwhelm i ngly , we found that
members and families would like to keep the parks "status quo", meaning the same off
leash priv ileges we all appreciate and enjoy . The second ranked opt ion was the less
restrictive hours, howeve r many voiced they would not be sa•i sfied with this decision .
EU strongly believes that even this option is too restrictive . To keep it simple, we would
• amend this to 6am -11am and 6pm -11pm / 7 days a week during April 1st through
September 30 th • Then winter would be October 1st through March 31 st as 100% off leashed,
since we are often the only park users during this season .
It is important to note, EU's scheduled park clean-ups will cease to exist given the
suggested ho urs, since they can start anywhere between 9am and noon on Saturdays and
Sundays depending on the season. As stewards of these parks, this is a very important
point to consider when implementing off leash hours .
Since June 1st EU first tried to negotiate a compromise directly with the opposition in hopes
not to involve City Council, then gath ered a petition of those in favor of off leash privileges,
but only since the opposition started one of their own (which we question the validity, after
being informed by two individuals living around Jaso n Park, were never asked to sign a
petit ion against off leash), we also determined and presented to City Council an 'Action
Plan ' of suggestions, ie . signage , park education, natural barriers, etc ., along with examples
and appro ved funds, while the oppos ition got 7News involved. During all this time EU has
regularly gathered park users input and relayed it to City Council during scheduled
meetings, always being professional, while our opp osition has been repeatedly negative,
mak ing ultimatums to City Counc il since day one .
• In closing, the proposed hours (as a starting point) by City Council are way too restr ictive
and must be adjusted at a minimum, however the majority preft'rs to set no hours at this
ti me and start with new signage, rules enforcement and increased education .
Resp ectfully, submitted by Englewood Unleashed.
Off-Leash Ho ur s To Be ~ .te rmin e d A fI cr muc h disc uss ion during City Council'~ Study Sess ion on Serlf'mb<>r 8. The • Council agreed to the following resolution and schedule: Septembe r 21 , 2009 -Counc il will make a motion with Ihe fol lowi ng key provisions conc erning A l l O f f-Leash Parks, exclud ing Cimme Corr,1I; • Two seasons: Su mmer '(MARC H 1 • OCTOBER 3 1) & Winter (N O V EM BER 1 -FEBRUARY 28) a. Summer o ff-leash hours: 6,im -9am & 7:30pm -I I pm (7 days)
b . W inte r off-leash hours: 6am • 11 am & 4pm • 11 pm (7 days)
(No te: All City Park hours are 6am -11pm)
O c t ober 5, 2 009 at 7:3 0pm -A PUBLIC H EAR I NG w i l l bf' held to gath er
public c omment on the motio ned key previsions noted above (similar to
"Recognition o f Unsched uled Pu b li c Comment"). We NEED ALL par k use rs to
ATTEND and SPEAK durin g tfiis Publi c Hearing!
O ct ober 19, 2 009 -Th e City Council will make a formal vote regarding Off-
l eash H our s al Jason, Centenrn ial, Dunca n and Northwest G reen belt Pa rks.
Janu ar y 1, 2 0 10 -I ikely effect ive d ate for off-leash hours imp lementation . -----------------------SURVEY: WHAT DO YOU THINK ?
Fnglewood Unleashed will submit results to City Council prior to Public Hearmg .
Please prio ritize the followin g option s with 1-5 in order o f preference .
A: __ Ci ty Co un cil's Motion Above
B: __ "Status Quo"
Des igna ted Pa rk s rem ai n o ff-leas h from 6a rn -l I pm, 7 d ays a week.
C: __ "Spri ng/Sum mer " APRIL 1 -SEPTEMBER 30 (S ports Season)
Off-leash hours from 6am -1 0am & 7pm-1 I pm
"fa ll/Winte r" OCTOBER 1 -MARCH 31 (No n-Sports Season )
N O LIMITED H OURS, with the Excepti on o f sclleduled sport events
D: __ "O DD /EVEN DAY Approac h" w ith th e excepti on of sched ul eci sport
events Jason -Off-leash on EVEN days of Ihe month and on-leash on
ODD, Centenn ial -Off-leas h on ODD days o f th e mo nth and on-l eash
on EVEN
E: __ Suggestion: __________________ _
NOTE -No ma tter what decision is made, on-leash dog s will still be allowed.
Englewood Unleashed Member? Yes__ No __
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Englew~nlea•hed Summary .ulti-U" Park Hours Survey • Par!( users were asked to complete a brief survey on off ash hourw at Englewood's multi-use dog pafl<s. People were asked to pnontoze four dosbnct options 1 City Counclrs preUminary recommendation of Summer (March 1 -October 31) & Winter hours (November 1 -February 28) -Summer off-leash hourw are· 6am-9am and 7 30prn-11prn , 7 dayslweek -Winter off-leash hours are· Sam -1 1am and 4prn-1 1prn, 7 days/Week 2. Status Quo -designated pal1<s rems n off-leash l'rom 6am-11 prn, 7 dayst.,eek (representing curren1 curfew) 3 Seasons Options of Spring/Sommer (April 1 • September JO) & Fall/ll\llnler (October 1 -March 31) -Spring/Sommer off-leash hours are· 6am-10am end 7 00prn-11prn , 7 days/week -Fall/W"mter has no fimiled off-leash hours with exception of sportng events 4 Odd/Even Days (with the exception of sporting events) -Jason Park: off-leash on even days and on-leash on o<ld days -Centennial Parle off-leash on odd days end ~ash on even days 5 -Write in Suggestions . See ~ 2. Surveys Completad
Vot• Cast (due to prioritization)
C ity Council Votes
Statue Quo Votea
103
3 12
Total %Total v-
69 22.1%
94 30.1%
EU Member Votes
Non-Member Votes
Seasons Votes n 24.7% Mem ber.;hip Not Indicated
Odd/Even Votes 72 23.1% Uncertain (email s urvey)
Total 312 100 0% Total
-~~ -~-.... ~ -1 0 88 12 3 101
2 6 4 47 13 70
3 33 3 14 20 70
4 26 1 4 33 6 4
5 4 0 0 3 7
S9 94 77 72 312
Hlgh llghts:
-Status Quo is favored by those surveyed. followed by the "Seasons• opbon.
Slatus Quo ranked firwt pnority well over any other option
Majority of votes were submitted by non-cU membership. bu1 are users of the desognaled par1(s
Continued to next page ...
Pall<_ttoon_Sum,y_SI.IMII/Yf 1) Ill Oclal>er2009
To ta l 'JI, Total VotH
22 21 4%
58 563%
20 194%
3 29%
103 1000%
Engl-ood Unleashed Summary of Multl-Uae Partt Houn1 Survey of • Section of Survev-Keeo the oarl<s Leave them DP9II . Same as "Se.3sons" but ends Labor Dav A special yearly racense with provision9 Mke no one near playgrounds, heavy fines and revoking of ot fl:A:,-o., ';; .:;, ;,,cr•-,g tp after your dog, etc. The owner would wear a badge around their neck to show license. The city would raise funds and dog owners could comfortably play with their doos. Before Im~ tino hours, .-ase consider When it aets dark f0r sum..,,... hours Chee!< the vatiditv of •~natures on ,_,.;,,n -ainst off-lea5h doo oarks submitted bv Ms G~o & Jones. Thev've demonstrated that thev're Did not include Status auo blc doesn1 show wlllinoness to comommise Fence ~ fleld and """"'round Fence in <>1.avaround ,._,, the kids on leash Fenced area
Give offleash at Bates oark 2417/365
I'm at Centennial at 6:30am when it's llaht • a~-Seoll and Jason a round 5 the rest of the veer. I orefer J ason when it's dark
lmDmW!I &10naoe:
Notimerestrictions
My suggestion Is to reconsider the fenced playground. A s mall one with a gate. Also to validate Ms . Gnego·s accusabons. It seems she
makes thl nos uo"" she~.
Set up boundaries/fences f0r off-leash area
sinns """'""' wnen ruun,,,t1soons win be held a t oark
You're sUnino up something that Isn't a problem
Eng leWoOd Unleaahecl Recommendation:
BaSBd on the survoy results end comments obtained from our Board, Englewood Unleashed stands for l<eeping the ·status Quo· and not changing
the axisling hours as families and people with dogs are the dear~ ol Jasen Parlc users. "restrictJve hours are Bdop/Bd, then the Season opt,on
represented above. however. less restricted than the preliminary City Council proposal was second, but does not portn,y parlc users will b8 happy.
• These represent actual comments written in the •suggestion" line of the survey. All comments and summary results are available tor review by request from
Englewood Unleashed
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Ptepared by: PE I I I ION to continue to aUqw • Mb priyHeges at Jason and Centennial Pa rks. ~ Er191ewood, CO. This petition was started, based on Englewood citizen's recently taking action to have the City Council vote on removing t hese privileges. Statements a nd photos we re presented to Council on June 15, 2009. We need you, especially Englewood citizens, to contact your C'tty Council member on why off-leash privileges should remain at these parks by phone, email or mall. We also need you to be present and s chedule to speak on .a:coa:I at the July 20"' City Council meeting at 7 :30pm. The Study Session starts at 6pm. (Council discussion only) NAME ADDRESS PHONE EMAIL SIGNATURE DATE 1 2
3 Thia ........... can1 clad~ .,.,1111,aad Uld11~ Nll:HWI Ille end of June through July 19th, 2009.
329 ilf9 ■ 7 •---........... ~.,_and Ct t nl■I l"artl ._. during thla time, then • copy was -ID Cltv Council dlntna their .Jul¥ ..,. .
4 I
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From: mattamundson@comcast.net ma11amundson@wmcas1.net Subject: off leash privileges To: contac1u~@englewoodunleashed .org Date : Tuesday, September 22, 2009, 6:54 PM To whom it may concern, My name is Matt Amundson, I am .an Englewood resident and member of
Englewood Unleashed. One of the main reasons my wife and I bought our hon;e
here Is because of the parks . We take our one year old daughter and our dog
Keegan to the ca nine corral and Jason park at least 4 times a we ek. We absolutely
love the fact that we have places where dogs and people c.an sociali ze. The
motion to limit hours does not meet with my philosophy or usage of the parks.
Today, for instance, my daughter and I were at Jason park from noon to one this
afternoun. It was cold and a little rainy, so we were the only ones at the park . On
most other days, there are others using the park, those with and without dogs.
My dog is very well behaved, he will come when called and is very friendly. We
meet some people who want to pet him and those that don't. I can keep him
under control so that we are respectful of all ot the park users. I have of course
seen other dog owners who do not have control over their dogs. These are the
people that I RARELY see at Jason park, but I feel that appropriate signage and
stricter rules about having dogs under control should be given a chance before
limiting access.
To me, acceptable usage of the dog park is a matter of common sense. If you
have a well behaved dog, you should be able to use the parks without restriction .
If you are the owner of disobedient dog, you should not bring them to Jason park
where there Is no fence . I feel that with signs that clearly state what wi:I and will
not be tolerated at these parks should .achieve the desire d respect for all users of
the park.
Sincere ly,
Ma tt Amundson
1001 W Stanford Ave
Englewood Co, 80110
mattamundson@comc.ast.net
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~ar Englewood City Council Membe rs, Six and a half years ago my husband and I purchased our house in Englewood. One or the anractions or our neighborhood was having Jason Park less than half a mile away. For over four years, we enjoyed going to Jason with our two dogs to let them play with other dogs and burn some energy after being cooped up all day while we are at wor~ Since the Canine Corral opened. we rotate between parks. Over these years. we have met more people from this neighborhood through going to the park . It hds brought a true sense of community to our neighborhood . For the past two years since we have had a child, Jason Park has also been an e~ually Important park to our family. We continue to go to the park In the evening wi th both our dogs and our son . One of us will
play with our son on the playground white the otlw!r is with the dogs playing off-leash away from the
playground. We haw also witnessed an Increased number of other famllles at Jason Park who have both
dogs and children, and like our fami ly, use the par,t for both reasons. When we bought our house six
years ago . it was what we had envisioned· a park where we could all go to play Ha family.
Whl!e playing in the playground, I nave never personally been faced with or witnessed a bad exirerience
with dogs In the playground. Dofs sometimes wonder near the playground, mostly to sniff around the
trees outlining the playground. The times I have witnessed dogs come Into the playground, It Is usually a
dog observing what Is going on for a moment or two but then returns back to their play group.
On a number of occasions tho~Jh I have witnessed children come fr2!!l the playground or other parts of
the park over to the dogs playing to see If they can pet them. Many children that come to the park with
their families on Sunday nights during the summer live in apartments and do not have pets. They are
excited to be able to pet the dogs and team more about them. In over six years of going to Jason, I have
never <•en a dog be aggressive t o any chlld, Including my own. When my son Is with us near the dogs,
the exte11t of his interaction with the dogs at Jason Is a lot ci !lobbery kisses on his face.
While we respect the opinions of others that may not have had the same experiences as we hav.i had at
Jason, ii I or my children feared dogs, personally I would not take my dogs to a park where I knoo:, they
are playing off-leash. On our way to Jason Park, we walk. past Rotolo Park, only a few blocks from Jason.
Rotolo has a wonderful playground with new playground equipment. Very rarely do we ever see
children playing at that park. Instead of forcing others to adapt to my fears, I would take my children to
any of the other many wonderful parks In Englewood where dogs are not off-leash,
Lastly, In six years of going to Jason, the only time I have seen Code En forcement or the polke at the
park Is on the rare occasion that there has been a dog OR non-dog related Incident. Over the years, the
City has commented on Its lack of resources to patrol the parks with off-leash privileges. Englewood
Unleashed and the off-leash community has promoted a •peer-pressure• enforcement o! the rules
whereby we remind users of the rules and, if need be, report f'on-compllance to Code Enforcement or
the police. Unfortunately, wi:hout having Code Enforcement patrolling the parks on occasion and
enforcing the rules by actually tkketlng non-compliant park users, the bad apples will continue to ~nore
the park rules. I wou ld like to see Code Enforcement show up unannounced on occa sion and enforc,
compliance with the ru les. If the City does revoke the off-leash privileges at any of the cu rrent parks, the
City will have to expend more resources enforcing the no-off leash rule than If th ey wou ld occasionally
patrol the parks today.
As both a parent and a dog owner, I urge City Council to keep off-leash privileges at Jason Park. Thank
vou. Sincerely, Alice Hana
Many suggestions have been made by Englewood Unleashed to help educate park users that would like to have dogs off leash at Jason, Centdinial, Duncan and Northwest Greenbelt Parks.
First or foremost, NEW SIGNAGE, which Englewood Unleashed
has agreed to help pay the costs and has provided examples.
EDUCATION, NOT LI ."ED HOURS!
Englewood Unleashed feels that dogs should not be in the
playgrounds and pavilions AT All, how·· ver many park users
•
aren't aware ofthese rules . EDUCATION, NOT LIMITED HOURS I •
We also feel that Code Enfor ce ment's Contact Information
should be listed on these signs, so park users know who to
contact when there is a dog related incident that needs to be
reported. EDUCATION . NUT LIMITED HOURS I
Englewood Unleashed is willing to work with Englewood 's Parks
and Recreation Department on designing , placing and
installation of new signage. Why can't we just start here?
EDUCATION, NOT LIMITED HOURS !
The following pages outline our suggestions and examples.
•
NEWSBITES A Lett e r fr om th e Pr cs id e nl .J Li:iri . .t 1, . , 0 I, I r I 1 ( ' GREEl INGS TO YOU ALL ! •. t·i1 [ 0( I I l\ \\rl' t 11111•1·, t·11JO) 111,111, r••1v1 l,~t''-11 1 fl~""i◄-Un1 tl·d .)l,1tt:, ,11 d bf"-"' ulh 11 fn~l1•~,c1tt1I fngll",\·ood .. ,11111lqt1t r on1111wul\ 11r1ll 1 :u..u1, n th\ <l~ ,.-.Hu, ... md f'l.11111,1.,,1, I 1lt ,tit flll\ •k~" 11, t.tl, 111.· tJlt'fl J~\-h \\I•,,. .. 0011 f•·uplt. 1hi1N· 114 I :0.11•1 1l1\r1i,1ul
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AreJ "'nd rli~ I'tttrlf PJ11lir11 Ir 1,a\ cot1u 10 rlk:1 cm Council'
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1es1u1101'\ 011hc•11 "11.111 d11ldren.
THflR (;()Al TO Hl1V£ IA_<;O, PAR~ bt• ,1 l'drl. for I lunia11> 01111
· NO DOG• ~LI OWfO. penod' Tilt')' l'\~'fl \hooed J p1ct111e ol •
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IF VOU !NJO\ your Off LEASH PR IVILEC.f~ ,11 ,In) ol our p,1,,,,
•
arr ,hool KFEPI NG THEM, lhrn 111• nt•rd you In FOLi ()IV
ULEL and 1oi1 r lo CIT\ [Ol lNCII 1ha1 ,., CARE •1111111
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Note: P!Nse don1 heslt.Jte to ull me anytnne, ,I you "wld
like lo 1peJk abool th rs dlreclly, or e-mail me al:
avlla,connnOyahoo.com and I gua,anl<'I! }W • pron~~ 1eplyl
\\'l-lool< /ol\\,lnl 10 I, ,iring \'Olff 1ho11gh11 and id(,.,s
0,1 d1t\ ,1tui111on Jhanl )VU k,, vou1 lmtP! -Km1 I ffl'f'
Posr ~oW1ri. Pl~ ~(6)u)ds {»'\ti{ 9~(;
PLEASE, No dogs
in this area.
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{' <&.
.. • •a• Dogs must be under voice control at all times. I •• •a• Dogs must be leashed on playgrounds, picnic shelters w
and ball fields when there N
is play . ~
•• w 'M Owners must immediately ...
• clean up after their pet. )<
--t •• •e• Owners must have a leash in
-
their possession at all times .
•• •e• Dogs m "t be removed at
I first sign of aggression.
•
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HELP KEEP OUR PARK
• t~ SAFE AND CLEAN ~
~ ~er Nd ~ &r;xrerr,~(l+s, PhAQ_J-1. lt.1-1
.,
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Englewoo d Off-Leash Rules
• I Jo~, mu,t I•· 11n,~•1 t uniml
• I ._.,rs mu,1 h,111• .1 lt•,1,h 1011•,11 h <log
• 1 >u~, niu,1 h•· 1111 '""''' 1111 1,I 111,,r!,• 1l1r• p,11k
• t\ro1kljl,111l11 .,t'
• I~•~• onu..i I•• p11 ~"I ''I' 1111111t,l1.111•l1
11 ... ,,, "' tl11, l,1111111 """',II 1h,•11 1'\\'ll ll'k ,11111 ·'"'""' .,II 1,,,l11lit1.
• DllA" nn,,1 l,p u·1111M•tl .,1111,1 "'A" ot ,,AA1<,,1on
• (>.)A, mu,1 lM• \.10 I01tlt"CI I ull,1r ,tnd l,1~ r1·1111111"II
t l11loli<•n 11111,.i lw ,uJM'IW,t·d 111 ,Ill ,,duh
I h1J!, 111 1,t 111 1111 llnll1,111 1t11I 11, ,in dtlull I If, i H 11ltl, 11 111 ,ti! rum"
• f\11 ift1A' und,1 !ht ,1~• u• I t11nu,h ·
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• Potential ramificat ions to consider: ·•' Why designate hours at parks that have had no complaints? ·~ Set hours will become a bigger City issue. Complaints wlll arise from dog owners (the majority) now, rather than the opposition's complaints currently.
~ Closing the park at suggested hours will eliminate Englewood Unleashed's
brunches/park clean-ups and education .
..:-Envirowagg may no longer be able to provide waste stations .
..:-It is not safe, especially for the handicapped and elderly, to be limited to
suggested hours due t o the dark and cold temperatures .
..:-Decreased level of community support and volunteerism (i.e., Englewood
Days, Chili Cook-off).
The City will lose revenue from visitors that utilize these parks as
'dest ination parks'.
~ Added park maint enance to t he City, Including garbag e cl ean-up.
~ No significant complaints from sporting events, so why start with basing
suggested hours arour,d them?
..:-EU and most park use rs have never called these parks "dog parks" -we
have always represented them as "multi-use" parks that have off-leash
dog privileges. T he opposition does not.
~ Code Enfo rcement will need to be increased, 11c. ..
over-extended. (Only 7 reported calls In 2 years)
•·1·,ey are already
~ Limiting Englewood's assets to new home buyer s and visitors.
~ A compromise will not leave either side happy.
City Councll members have stated they have monitored the parks and did
o1ot see any problems.
Thank you!
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COUNCIL CO MM UNI CATION Date: Agenda ll em: Subject: Octoher ~. 20()<) 11 a i B,11 for An Ordinance Establishing The 2009 Mill levy Collected in 20 l 0 -Initiated Ly: I Slaff Source:
Department ol finance and Adminiwative Services fra11k Cryslew icz, Director
COUNCIL GOAL AND PREVIOUS COUNC IL ACTION
City Council and staff began the 2010 budget process at the April 27, 2009 study session. Co uncil
and staff me t again at the May 26, June 8, and August 17, 2009 study sessions. City Counc,I
received,, 2010 Proposed Budget on September 10, 2009. A public hearing ,egarding the
proposed 2010 Budget was held on September 21, 2009. The operatin g budgets and Multiple
Year Caplt.11 Plan (or all City departments and lunds was reviewed at the Budget Retreat held
September 26, 2009. Council finalized budget discussions at the study session held on September
28, 2009 .
RECOMM ENDED ACTION
Staff recommends Council approve this b,11 for an ordinance est.ollslung the 2009 mill levy 10 be
collected in 2010.
BACKGROUND, ANA LYSIS, AND ALTERNATIVES ID ENTIFIED
The City of Englewood asses~es properly tax for the ge neral operation, of the government anr' for
the Genera l Obligation Bonds Debt Service Fund. TABOR restrie1s the City lrom rabing the m1ll ll'V)
without a vote o( the cillzens. This y<'ar's General Fund mill levy Is unchanged from 2008 (5.880
mills). The 2009 levy is certifi ed to Arapahoe County by December 15, 2009 lor collection in 2010.
FINANCIAL IM PACT
Based on the asses~ed valualion lor the City ol Englewood as cer1,fied by tl1e Arapahoe County
Assessor, 1he est1n1Jted net assessi.d value ol all properties in [nglewood for 2009 is $519,59 1,900
comparc-d lo $510,!>09,6 10 for 2008. TI1e 2009 mill for General Fund opera hons is 5.660 mills and
2.0J l mills for the Gener~I Obliga tion Bonds Debt Se,vlce Fund TI,e total mill levy is 7.9 11 for
2009 collected in 201'.l. TI1e 1otal amount hudgeled for lhe General Fund is $3,046,0.10 (net ol
uncollec1ibles, abatem..:nts, etc.). The amount budgeted lor the General Obligation Bonds Debi
Sef\ ice Fund is S 1,050,000 (net of uncollectibles, abatements, elc.) .
A homeowner \\Ith a S200.000 dollar home 111 [ngle,.ood would PJ) the 1oll0\~1ng to thl' City 01 • b1glewood: Market ValuP Assessment Rt1tio Assessl'd Va lue General Operations Moll levy Ta~es Paid For General Fund Operations
Market Value
Assessment Ratio
Assessed Value
Community Center Bond Fund MIii levy
Tues Paid For General Obligation Bonds
Market Valu e
Assessment Ratio
Assessed Value
Total Mill levy
Total Taxes Paid To City Of Englewood
LIST OF ATTAC HMENTS
Proposed Bill for an Ordinance
SW0,000 7.%0,o $15,920 5.880 $93.61
$200.000
7.96%
$15,920
2.03 1
$32.33
$200,000
7.%%
$15,920
7.9 11
$125.94
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OIWINANCE NO . SERIFS OF :OO'I ;JY AUTIIORlfY COUNCIL BILL NO. 45 INTRODUC FD UY COUNCIL MEMBER ____ _ A Bn I.FOR AN ~'mlNANCE FIXING TIIE TAX LEVY IN MILLS UPON EACH DOLLAR OF TIIE
ASSESS!,D VALUATION OF ALL TAXABLE PROPERTY WITHIN THE crrY OF
ENGLEWOOD. COLORADO
WHEREAS. it is the duty of the City Council of the City of Englewood, Colorndo. under the
Englewood Home Ruic Chancr and Colorado Revised Su11utcs. to make the aMlUli propeny levy
for City purposes: nnd
WHEREAS, t .. e Cny Council has duly considered the cs11ma1ed valuation of all the uuable
propeny within the City and the needs or the City and of each of said levies and hos de1em1incd
that the levies 11S hcrcinaller SCI fonh, arc proper and wise: and
WHEREAS, the following levies arc pcmuued under Anicle X. Seciion 20 of the Colomdo
Constitution without a w 1e by the citizens;
NOW' THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS :
~. That there be and hereby is levied for the year of 2009, due und payable as required
by statute in the year 20 I 0, a tax of 5.880 mills on the dollar for the Gcncrnl Fund of the City of
Englewood, Colorndo, and 2.031 mills on the dollar for the Gencrnl Oblignlion Bond Debt Scn1ce
Fund of the Coty of Englewood, ('nl.,rndo.
·nia1 the levy hcreinabove set forth •hall be levied upon each dollar of the assessed ,·aluation of
all taxable propcny with on the corpomte limns of the Cny of Englewood. Colorado. and the said
levy shall be ccnilicd by law.
Introduced, rend in full. and passed on first =dong on the 5th ,t.,y of October, 2009.
Published as a 1)1lf for an Ordooance in th,· City's official newspaper on the 9"' day of October,
2009.
Published ns n Bill ror an Ordinance on the City 's off:. ,! web~11c hcg,nrung on the 7th dJy or
October, 2009 for tlurty (30) dnys.
ATTEST James K. WoodwMd, Mnyor
L<ilocn.hoa A. Elhs. CII} Cleric
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I. Loucnshm /\ Elh,. Cny Clerk t>fth< l'II)' ot EnslC\•ood. Colomdo. hereby cen,fy 1ha11he • olxwe nnd forcgmng ts n 1ruc copy of o B,11 for an Ordinnncc. mlroouced. read m full. and passed on firs1 read mg on the 5th WI)' of Oc1obcr. ]009 Loucrishia A. Ellis
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COUNCIL COMMUNICATION Date: I Agen~tlem: Subject: Oc1ober 5 2009 I 11 a ii 8111 For An Ord11w1ee Ad<>pting tht' Budgt>I Fat Fiscal Year WlO lnit ialrd By: I Slaff Sour~
Department ot Fmance and Adm1n,s1rati\'e SeMCes Frank GI) glew\cz. D1ft'Ctor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Oty Council and staff began the 2010 budget process at lhe April 27, 2009 study session. Council
and staff met again at the May 26, June 8, and August 17, 2009 study sessions. City Council
receiv~d a 2010 Proposed Budget on September 10, 2009. A public hearing regarding the
proposed 2010 Budget was held on September 21, 2009. The operating budgets and Multiple Year
Capital Plan fa, all Oty departments and funds was reviewed al the Budget Retreat held September
26, 2009. Council finalized budget discuss.ions at the study session helJ on September 28, 2009.
RECOMMENDED ACTION
Staff recommends Council approve the proposeri bill for an ordinance adopting 1he 2010 Budget
for lhe City of Englewood.
BACKG ROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Charter of the Oty of Englewood requires the City Council to adopt next year's Budget and
Appropriation Ordinances no Luer than thirty days prior to the flrs t day ol the ne,t ftsr al year lo
insure there is legal authority to expend funds.
Due 10 a steep unanLdpated decline in sales tax revenues that are not expected to rebound until
future years, O,e 2010 Budget has no increase from 2009. All City employees conltibuted 10 making
this budget work h}• not taking pay mcreases, accepting changes 10 their health care benefits, and
not cashing out penonal leil\e.
Additional revenues and transfers were identified a1 both 1he Budget Retreat and 01e Seplember 28,
~009 Study Session. Total ending 2009 reseives are esnmated al S8,518,581 and 1he
unrese,ved lundesignated fund balance is eslimaled over the minimum len percent
FINANCIAL IMPACi
The General Fund Is budgeling local sources of funds of $40,377,398 and 1otal uses of funds of
S40,616, 941 leaving a total ending rese,ve ol SB,279,038 and an unreserved/undesignaled fund
balance over the mimmum 1en percent of total revenues. The 101al C' eneral Fund appropria1ion 1s
S40,616,9-l I for 2010 .
LIST OF ATTACHMENTS
Proposed 8111 for ,'Ill Ordinanc~
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BY AlffllORln' ORl)[NANCE NO. SFRJ.ES OF 2009 COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER ____ _ ABLLLFOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD.
COLORADO. FOR THE l'ISCAL YEAR 2010.
WHEREAS, pursuam to the prov,sions or Part I, Article X, oftheChnrtcrof the City or
Englewood. Colorado. a budget for the fiscal year 2010 w~ duly submined by the City Manager to
the City Council before Scrtember 15, 2009; and
WHEREAS, a public hearing on said budget was held by the Cuy Council within three weeks
after ils subm,ssion at the meeting of the City Council on September 21. 2009. Regular notice of
lhe time and place or said hearing was published within seven days after submission or the budget
in the manner provided in the Charter for the publication of an ordinance; and
WHEREAS . the City Council or the City of Englewood has studied and discussed the budget on
nwnerous occasions; and
WHEREAS, rustorically, ae1ual general fund expenditures have been three 10 five percent less
thnn the original budget; and
WHEREAS. with the anticipated return of2009 hudge1ed funds, the Long Tenn Asset Rescl'\/e
will not he en li ed upon to balance the Operational Budget of the Ctty in 20 IO; a
WJIEREAS. 11 is the intent of the C11yCouneil to odopt the 2010 budget as now submi11cd.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Section I. That the budget of the City ofEnglewood. Colorado, for the fiscal year 2010, as
submined by the City Manager and duly considered by the City Council after public hearing, be
and hereby is adopted as the budget for the City of Englewood for the fiscal year 2010.
~-GENERAL FUND
Total Fund Balance, January I, 2010
Sales/Use Ta~
Pffll'C'ly and Specific Ownership Tnx
l'ranchisdOceupation/Cig;uette Tax
Liccnsc/Pcrmi1s
lntcrgovcmmcntal Revenue
Charges for Services
Cultural & Recreation
l
20!0BUDGET
S 8.518.581
Revenues
22.300,000
3,396,000
2,909,564
573,300
1,185,204
3.326,114
2.632.194
Finl-,. & Forfcuurc., 1.4!6,SOI • lnietc>t )72.611 M1sccllnncous 411177 Total RC\·enues s 38,532,965 Other F,nancins Soun:es ),844,4}J Total Sources ofFunds s 40,377,398 Ex~iturcs
Lcgislauon 359.314
City Manager's Office 668,633
City Anomey's Office 767,546
Municipal Coun 1,005,723
Human Resources 504,898
Finnnce and Adminisuative Services 1,684,000
Information Technology 1,342.948
Community Development 1,457,667
Public Works S,497,881
Police I0,48t ,933
Fire 7,394,951
Library Services 1,352,221
Parks and Recreation Scnices 6,034,770
Conlingencies 60,000
Debi Service 2,004,m • Total Uses of Funds $ 40,616,941
Total Fund Balance, December 31, 2010 $ 8,279,038
~ SPECIAL REVENUE FUNDS
CQnierya1jon Trust Fund
Fund Balance, January 1.1010 s 276,864
Revenues s 336,000
Expcnduures s 488,000
Fund Balance. December 31, 2010 s 124,864
!&mmllllil~ ~l21!01e111 Eund
Fund Balance, January 1. 2010 s -0-
Revenues s 290.000
Expenditures $ 290,000
Fund 13n lance, December 31, 20 I 0 s -0-
• p,mors Fund Fund Balance. January I. 2010 s 85,949 RcYcnucs s 104JOO Expendi1urcs $ 172.150 Fund Balance, December 31, 20 I 0 $ 18,099 Malley CemerTrust Fund Fund Balance, January I, 2(110 s 248,586
RCYenues s 20,000
Expenditures s 50,000
Fund Balance. December 31. 20 I 0 s 218,586
Pru:l:s and Recreauon T~t EY!!!I
Fund Balance, January I, 2010 s 449,700
ReYcnues s 25,000
Expenditures s 30.000
Fund Balance, December 31, 20 I 0 s 444,700
Open Space Fund
Fund Balance, January I. 2010 s 160,504 • RCYcnues $ 853.807
Expenditures s 776.755
Fund Balance, Occernbct 31. 2010 s 237.556
~ DEBT SERVICE FUND
Q!,!Jeral Obliga1ion !loud fy1J!I
Fund Balance, January I. 20 I 0 s 57.087
Revenues $ l,OS6.000
Expendi tures $ 1,103,995
Fund Balance, December 31. 20 I 0 $ 9,092
~ CAPITAL PROJECT FUNDS
eublic lm~rovcmcn1 Fund
Fund Balance, January I. 2010 $ 174.SOI
RCYcnues s 1,672,455
Expenditures and Transfers s 1,846,956
Fund Balance, December 31, 20 I 0 s -0-
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Camtal fm1ccts Euml • Fund Balance. Janunry 1.1010 s 171,166 Revenues and Transfers In s 155.000 Expenditures s 320,13! Fund Balance. December 31, 20 IO s 6.035 ~ ENTERPRISE FUNDS
Water Fund
Fund Balance, January 1, 2010 s 3,735,642
Revenues s 8,854,479
Expenditures $ 10,676.241
Fund Balance, December 31, 2010 s 1,913,880
Sewer Fund
Fund Balance, January 1, 2010 s S,921,921
Revenues S 14,313,069
Expc:ndit=s S 17,953,874
Fund Balance, December 31, 2010 s 2,281,116
~!lmn !21:l!i!l!~ EYod • Fund Balance, January 1. 2010 s 465,674
Revenues s 340,140
Expenditures s 357.341
Fund Balance. December 31. 2010 s 478,473
Gol f Cournc Fund
Fund Balance, January 1, 2010 s 296,743
Revenues s 2,257,596
Expenditures s 2,329,428
Fund Balance, Dec.ember 31, 20 l 0 s 224,911
!:&O£rCle !,l)ilit~ fynd
Fund Balance, January!, 2010 s 236,342
Revenues s 711,200
Expenditures $ 697,612
Fund Balance, December 3 1, 2010 s 249,930
1:!2using l!.mabilit@li2n Fund
Fund Balance, January I, 2010 $ 1,082,833
Revenues s l ,S00,000
Expenditures s 1,500,000 • Fund Balance, December 31, 2010 s 1,082,833
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~ INTERNAi SERVICE:. FUNDS CcntmJ scmm Fund Fund Balance, January I, 20 I 0 s 151.905 Revenues s 391,400 Expenditures s 407,721 Fund Balance. December 31, 2010 s 136,584
Seryjcenter Fund
Fund Balance, January I, 20 I 0 $ S59,135
Revenues $ 2,140,006
Expenditures s 2,246,7S9
Fund Balance, December 31, 20 l 0 $ 452,382
Qi21111 [:g~imD~DI B,~las.gn~t Fund
Fund Bolance, January 1, 2010 $ 720,739
Revenues $ 804,952
Expenditures s 1,144,987
Fund Bo lance, December 31, 2010 s 380,704
P,jsk Manmmen1 Fund
Fund Balance, January I, 2010 s l,348,30S
Revenues $ 1,365,177
Expcndilurcs s 1,730,411
Fund Balance, December 31, 20 l 0 s 983,071
f:nmlovce Benefits Fund
Fund Balance, January I, 2010 s 232,747
Revenues s S,406,662
Expenditures $ S,324.656
Fund Balance, December 31, 2010 s 314,753
~-That the said budget shall be a public record in the office or the City Cieri,: and shall
be open to public inspection. Sufficicm copies thereof shall be made available for the use of the
City Council and the pt•blic, the number of copies to be detennincd by the City Manager.
Introduced, read in full, and passed on first reading on the 5th day of October, 2009.
Published os a Bill for an Ordinance in the City's official newspaper on the 9~ day cf October,
2009,
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Pubhshc:d as a BIii for an Ordinance on 1he Cui ·s officml websue bc-g111mng on 1hc 1• da) of Oc1ober. 2009 for 1h1ny (30) days. ATTEST: James K. Woodward, Mayor
Loucnshia A. Ellis City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the
above and foregoing is a true copy of a Bill for an Onlinance. introduced, read in full, and passed on
first reading on the 5th day of October, 2009.
Loucrishia A. Ellis
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COUNCIL COMMUN ICATION Date: Agenda Item: Subject: Oc1nher 5, ~009 11 a iii Bill For An OrdinJnn• Ap111opna11ng Funds For Fiscal \ ear ~o Io Initiated By: I Staff Sou rce ·
Department of Finance and Ad1111nistrative Services Fran k Gryglewicz, Di:ector
COUNCIL GOAL ANO PREVIOUS COUNC IL ACTION
City Council and staff began the 101 O budget p:ocess at the April 27, 2009 s1udy session. Council
and staff mel again at the May 26, lune 8, and Augusl 17, 2009 siudy sessions. Oty Counci l
received a 2010 Proposed Budget on September 10, 2009. A public hearing regarding the
proposed 2010 Budget was held on September 21, 2009. The operating budgets and Multiple Year
Capita l Plan for all Ciiy departments and funds was reviewed at the Budget Retreat held September
26, 2009. Counci l finalized budget discussions at th e study session held on Septembe r 28, 2009.
RECOMMENDED ACTION
Staff recommends Counci l app• .Jve the proposed bill for an ordinance appropriating funds for the
Chy of Englewood 2010 Budr,et.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Charier of lhe City 01 Englewood requires lhe City Council to adopl next year's Budget and
Approprialion Ordinances no laler than 1hirty days prior lo the flrsl day of 1he next fiscal year 10
In sure there is legal au rh ority to expend funds.
Due to a Sleep unanticipated decline In sales tax revenues lhat are not expected to rebound until
future years, the 2010 Budget has no Increase from 2009. All Oty employees contributed to making
1h ls budget work by not taking pay Increases, accepting changes 10 their health care benefi ts, and
not cashing o ut personal leave.
Additional revenues and transfers were identified at bo th the Budge! Retreal and 1he $epternber 28,
2009 Study Session. Total ending 2009 reserves are estunated at S8,5 l 8,58 l and the
unreserved/undesignated fund balance is estimated over the minimum ten percenL
FINANCIAL IMPACT
The General Fund is budgeting total sources of funds of $40,377,398 and total uses of f11nds of
S40,616,941 leavmg a 1otal ending reserve of SB,279,038 and an unreserved/undes1gnated fund
balance over the minimum ten perceni of total revenues. The total General Fund appropria tion is
$40,616,941 for 20 I 0 .
LIST OF ATTACHMENTS
Proposed B,11 for ,in Ordinance
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ORDINANCE NO SERIES OF 200'I llY \l lllORII\ COUNCIL BILL NO 47 INTRODUCED UY COUNC Ii MEMBER ____ _ A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN TIIE
CITY OF ENGLEWOOD, COLORADO. FOR TIIE FISCAL YEAR BEGINNING JANUARY I.
2010, AND ENDING DECEMBER 31, 20 IO. CONSTITUTING WHAT IS TERMED THE
ANNUAL APPROPRIATION Bill FOR THE FISCAL YEAR 20 10.
W1 lEREAS. a public hearing on the Proposed 20 IO Budgc1 was held September 21. 2009; and
WHEREAS. 1hc opc:raling budgets and Muh iplc Year Capilal Pinn for all City dcpanmcn1s and
funds were reviewed al a budgc1 retreat held on Sq>1cmber 26, 2009; and
WHEREAS. 1he Charter of1he City of r ,glc111ood requires the City Council to adopt bills for
ordinances adopting the Budget and Appropri8t10n Ordinance no later than thirty days prior to the
first day of lhe next fiscal year.
NOW, THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-That there be and there hereby is appropriated from the revenue derived from
taxation in the City of Englewood. Colorado, from collection of license fees and from nil other
sources of revenue includin~ available fund bal11nccs during the year beginning January I, 20 I 0.
and ending December 31, 20 IO. the amounts hcrcinafier set forth for the object nnd purpose
specified and set opposite thereto, specifically as follows:
Lcgislntio~
Ci ty Manng • Oflicc
City Atlomcy's Office
Municipal Court
l lurnan Resources
Finance and Administrative Services
Information Technology
Co mmunity Development
Public Works
Police
Fire
Libl'3t)I Services
Parb and Recrcatio•i Services
Con1ing•ncies
Debt Service -Civic Center
Debt Service -Other
GENERAi, FUND
359,314
66 8,633
767,546
1,005,723
504,898
1.684,000
1.342,948
1,457.667
5,497.881
10,481,933
7,394,951
1,352.221
6.034,TT0
60,000
1,574,000
430,456
I 013) , lcncr.il Jund $ ~O.olO.Y41 • C'OSSFR \' ATION TRUST FUND To1al Conscr'l'allon 1 ru.st Fund s 488,000 CQMMUNITY QEVELOPMENT FUND To1al Communi1y Dcvdopmen1 Fund $ 290.000
001::!0RSFUND
Total Oonors Fund s 172.150
MALI.EV !:,;!;;NTER TRUST FUND
Tolal Malley CemcrTrust Fund $ 50,000
PARKS ANJ) RECREATION TRUST FUND • Total Parks and Rccrcauon Trus1 Fund s 30,000
OfEN SPA~E FUND
T Ollll Open Sp:,ce Fund s 776.155
Gfil!l;RA!. OB!.IQAT!Ot! BONO FUND
T01al General Obligation Bond Fund $ 1.103.995
£!.ml.IC IMPROVEMENT FUND
Total Public Improvement Fund $ 1,846,9~6
CAPITAL ~B,OJECTS FUND
Tornl Capital Projects Fund $ 320.131 •
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To1al Water Fund Total SC\\-c'1' Fund
Total Stonn Drainage Fwid
Total Gotrcourse Fund
Total Concrete Utility Fund
s SEWFRFVND s
STORM DRAINAGE FUND
s
GOLF COURSE RJNP
s
CONCRETE trrlLITY FUND
$
HOUSING REHABILITATION FUND
TOia! Housing Rehabilitation Fund S
Total Centrnl SetVices Fwid
Total ServiCenter Fund
CENTRAL SERVICES FUND
s
SERVICENTER FUND
s
CAPITAL EQUIPMENT REPLACEMENT FUND
10.676.2-11 17,953,874
357.34 1
2,329.428
697.612
1.500,000
407,721
2,246,759
Total Capitol Equipment Replacement Fund S 1,144,987
RISK MANAGEMENT ~JJND
Total Risk Management Fund S 1,730,411
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~MPLOYEEBENEFITSFUND Totol Employee Bcncrits Fund s 5,324,656 ~ The foregring appropriations shall be considered to be oppropnations to groups within a program or depanment w11hm the fund indicated but shall not be construed to be appropriated 10 line items within any b"°ups, even though such line items ma)• be set forth as the adopted budget for the fiscal year 20 I 0.
~. All monies in the hands of the Director of Finance and Admmimativc Services. or to
come into the Director's hands for the fiscal year 20 I 0, may be applied on the outstandi ng claims
now due or to become due in the said fiscal year of2010.
~ All unappropriated monies that may eome into the hands of the Director of Finance
and Administrative Services during the year 20 I 0, may be so distributed among the respective
funds herein as the City Council may deem best under such control as is provided by law.
~. During or at the close of the fiscal year of 2009, any surplus money in any of the
respective funds, after all claims for 2009 against th e same have been paid, may be distributed to
any other fund or funds at the discretion of the City Council.
Introduced, read in full, and passed on first rcadi-ng on the 5th day of October. 2009.
•
Published as a Bill for an Ordinance in the City's official newspaper on the 9" day of October, •
2009.
Published as a Bill for an Ordinance on the City's officiol website beginning on the 7th day of
October, Z009 for thiny {30) days.
James K. Woodward, Mayor
ATTEST;
Loucrishia A. Ellis. City Clerk
1, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the
above a.'ld foregoing is a 1r11e copy of a B:11 for nn Ordinance, introduced, read in full, and passed on
first reading on the 5th day of October, 2009.
Loucrishia A. Ellis
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• COUNCIL CO MMUNICATION Dat e: Agenda Item: Subject: October 5, 2009 11 a Iv Bill 1,,r an Orrlmance Adopling 1he Budget fo r the Ulllet on/Englewood Wastewater Treatment Plan t For Fiscal Year 2010 lnitiatNI By: Sta ff Sou rce:
Department of Finance and Administrative Services Frank Gryglewlcz, Director
COUNC IL GOAL ANO PREVIOUS COUNCIL ACTION
City Council and staff began the 20 10 Budget process at the April 27, 2009 study session. Council
and staff met again at the May 2£,, June 8, and August 17, 2009 study sessions. City Council
received a 2010 Proposed Budget on September 10, 2009. A public hearing regarding the
proposed 2010 Budget was held on September 21, 2009. The operating budgets and Multiple Year
Cap ital Pla n for all City depa rtmen ts and funds was reviewed at the Budget Retreat held Septe mber
26, 2009. Council finalized budget discussions al the study session held on September 28, 2009.
• RECOMMENDED ACTION
•
Staff recommen ds Council app rove the proposed bil! fo r an ordinance adoptin g the Budget for the
Littl e ton/Englewood Wastewa ter Treatmen t Plan t for fiscal yea r 201 O.
BACKGROUND, ANALYSIS, ANO ALTERNATI VES IDENTIFIED
TI1P City Council of the City of Englewood acts as administering authority for the Li ttleton/
Englewood Wastewater Treatment Plant. A part of th e duties includes adopting bills for ordinances
ap proving the annual budget and app ropria ting funds no later than thirty da ys prior to 1he first day
of the next fisca l year.
FINANCIAL IMPACT
The 20 10 lltdeton/Englewood Wastewater Trea tment Plan t Bl1dgct Indicates a beginning lunds
available balance ol $1 15,674, total sources offun ds of $16. 10,683 an d total uses of funrfs of
S 1 &,400.683, leaving th e ending funds avadable balance at i 1; 5,674.
Tiie total appropriation (use ol funds) for 2010 ls $16,400,883.
LI ST OF ATTACHMENTS
Proposed Bill for Ordinance
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OROINANt'I · NO. SERIES OF 2009 BY AUTHORln' COUNCIL Bl.LL NO. 48 INTRODUCED B\' COUNCIi . MEMBER ____ _ A BILL FOR
AN ORDINANCE ADOPT ING T!IE BUDGET FOR THE LITTLETO~'/
ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL
YEAR2010.
WHEREAS. pursuant to the provis ions of an agreement between the City of Li ttleton,
Colorado, and the City of Englewood. Colorado, a budget for the fiscal year 1010 was duly
approved by the Littleton/Englewood Wastewater Treatment Pinnt Supervisory Commillee on
August 20, 2009 and submitted to the City Council; and
WHEREAS, a public hearing on said budget was held by the City Council within lhrc,: weeks
afler its submission on September 14, 2009. The hearing was held at the meeting of City Council
on September 21, 2009, regular notice of the time and place of said hearing having been published
within seven days after the submission of the budget in the manner provided in the Charter for the
publication of an ordinance; and
WHEREAS, the City Council of the City of Englewood, as the administering authority for the
Lillleton/Englcwood Wastewater Treatment Plant. has studied the bud~et on numerous occasions;
and
WHEREAS, it is the 1ntcm of the City Cooncil to adopt the 2010 budget for the
L1ttlcton/Englewood Wastewater Treatment Plant as now submitted
NOW. TIIEREFORE, BE IT ORDAINED BY THE CITY ('fJUNCLL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-11101 thr budget ofthe Littleton/Englewood WostewaterTrcaunent Plant for the
fiscal year 2010, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory
Committee and duly considered by the City Council after public hearing, is hereby adopted as the
budget for the Littlctonlf:nglcwood Wastewater Treatment Plant for the fiscal year 20 I 0, as
follows:
l.ittlcro,i/E11glrwood Wn.<rcwatcr Trratmenr 1'/a11t
Fund Balance January I. 2010
Kcvcnues
llxpenditur<'S
Fund Balance -December 31. 2010
1
$ 115.~74
16,400,883
16,400,883
115,614
Section 2. Thal lhc srad budget ns acccp1cd sl•,11 be n pubhc record in the Office of the ('uy Clerk and shro ll be open 10 public inspcc1ion. Sufficicnl copies !hereof shnll be mnde nvnilable for 1he use of the City Council and 1he pubhc, !he nwnbcr of copies 10 be dclcnniocd by 1he C11y Mnnnl!er. ln1toduccd, read in full, and pas.<cd on fil'lll reading on 1hc 51h day ofOc1ober, 2009.
Published as a Bill for an Ordinance in 1hc Ci1y's omcial newspaper on 1he 9'" day of Oc1obcr.
2009
Published as a Bill for nn Ordinance on the Ci1y's official website bcgmning on the 7th day of
Oc1ober. 200Q for thiny (30) days.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Elhs. Cily Cieri:
I. Loucrishia A. Ellis, City Clerk of 1he Ci1y of Englewood, Colorado, hereby cenify 1ha1 the
above and foregoing is a lflle copy of n Bill for an Ordinnncc. introduced. read in full. and passed on
first reading on the 51h day of Oc1obcr. 2009.
Loucrishia A. Ellis
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I • COU CIL COMMUNICATION Dale: Agenda llem: Subject: 0,tober 5, 2009 11 a V Bill For An Ordinance Appropriating Funds For The Littleton /Englewood WasIewaIe r Trealment Plant For Fiscal Year 10 10 lniliated By:
Departmen t of Finance and Administrative Services
I Staff Source :
Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Cily Council and Slaff began the 2010 budge! process at the April 27, 2009 stud y session. Counci l
and staff met again at the May 26, June 8, and AugusI 17, 2009 study sessions. Cily Council
rece ived a 2010 Proposed Budge! on Sep tem ber 10, 2009. A public hearing regarding lh e
proposed 2010 Budget was he ld on September 21, 2009. The operating budge ts and Mu lt iple Year
Capi tal Pla n for all Cily departments and funds was reviewed at the Bud ge! Retreat held Seplember
26, 2009. Council final ized bud gel discussions at lhe sIudy session held on Seplember 28, 2009 .
• RECOMMENDED ACTION
•
Staff recomme nds Council approve lhe proposed bill for an ord inance appropriating fu nd s for the
Litt leton/Eng lewood WastewaI er Treatmen t Plant for fisca l yea r 2010.
BACKGROUND, ANALY SIS , AND ALTERNATIVES IDENT IFIED
The Cily Council of th e City of Englewood ac ts as administe ring authority for Ihe Litt leton/
Englewood Wastewater Treatment Plant. A part of the du ties includes adop ting bills for ordinan ces
app rov ing the annu al bud ge t and app ropriating funds no later than th irly days prior to th e first day
of the next fiscal year.
FINANCIAL IMPA CT
The 2010 Lin leton/Englewoo d WastewaterTrea l ment Plan! Budge t indica tes a beginning funds
availab le balan ce of $11 5,674. total sou rces of funds of $16,400,883 and total uses of funds of
$16,400,883, leavi ng the ending funds availab le ba lance at S 11 5,674.
The total app roi:i ria tion (use of funds) fo r 201 O is $16,400,883.
LIST OF ATTACHMENTS
Pr oposed Bill for Ordinance
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Fl\" Alli llORI 1-Y ORDINANCI '1/0 SERIES OF 2009 COUNCIL BILL NO. 49 C\TROl)UCFO BY COUNCIi MEMBER ____ _ A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON!
ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR
BEGINNING JANUARY I, 2010, AND ENDING DECEMBER 31. 2010, CONSTn1JTING
WHAT IS TERMED TIIE ANNUAL APPROPRIATION BILL FOR m e FISCAL YEAR 2010.
WI I EREAS. the C11ics of Englewood and Liule1on emcred into a contract 10 build, maintain,
and operate ajoml Wnstcwa1erTrea1mcn1 Plant facility; and
WHEREAS, the opemlions, including budget maucrs, of this joint facili1y arc overseen by 1hc
Supervisory Commiucc: and
WHEREAS, the Cily of Englewood opera1cs lhe Liule 1on/Englewood Was1ewa1crTrea1men1
Plam under 1hc control of the Supervisory Commillec: and
WH EREAS. 1hc Liulelon/Englewood Wastewa1er Treatmenl Planl has ils own fund for
operalions and moimennncc; and
WHEREAS, 1hc Supervisory Commiucc approved the following as the 2010 appropriations nt
the AuguSI 20, 2009 meeting.
NOW, TIIEREFORE. BE rr ORDAINED BY TIIE crrv COUNCil. OFTIIE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Ss£iml.l. Tilnt pursuant 10 the Littleton/Englewood Wastcw:i1erTreatmcn1 Plam agrccnlcnl ,
there be and hereby 1s approprillcd from the revenue derived from opcra1ion of 1he
Lllllcton/Englcwood WaslC\\'llttr Treauncn1 Plam in 1hc City of Englewood. Colomdo, nnd from all
ocher sources of revenue in the I illlcton/Englewood \\'as1ewatcr Treatmcn1 Plant Fund ,ncludmg
O\'lltlablc fund balance during the year beginnmg January I, 2010, and ending Decemher 31, 2010,
lhc amounts hcrcinaflcr SCI fonh for 1hc objccl and purpose specified as follows :
Tot3l Liulcton/Engkwood Was1cwatcr Treauncnl Plant Fund S 16. 400,883
Introduced, read m full. and passed on first read mg on the 51h day of October. 2009.
Published as n Bill for un Ordinance m the City·s official ncWllpaper on 1hc 9• day of October,
20M .
Published as B n,11 ror an Ordmancc on the Cit) , orficial website beginrung on the 7th day or October. 2009 for thtny (30) days . James K. Woodward, Mayor ATTEST:
Loucrishia A. Ellis. City Clerk
I, Loucrishia A, Elli,, City Clerk of the City of Englewood, Colorado, hereby cenify 1hat the
above and foregomg is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
firs1 reading on the 5th day of October, 2009.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 2009 BYAUIIIORIIY COUNCIL Bll..L NO. 42 1:-ITRODUC: "D BY Cl IUNCII. MEMlll:R OAK I.RY AN ORDINANCE AMENDING TITLI' 5. OF TIIE ENGLEWOOD MUNICIPAL COD~ 2000. BY Tim ADDITION OF A NEW CHAPTER 12. PERTAINING 10 MEDICAL MARIJUANA
PRIMARY CARE -GIVERS.
WHEREAS. the Colorado State Constitution was amended pcnaining to Medical Marijuana
patu:nts and Primal) Care-Givers ; and
WHEREAS, the passage of this Ord mnnce will amend the Englewood Mu nicipal Code Title 5,
with the addition of n new Ch.1p1er 22. pertaining 10 the liccr,sing of Medical Marijuana Primary
Care-Givers in the City of Eng!C"ood, Colorado; and
WHEREAS, the new ritle S. Chapter 22 follows the Colorado Stnte Constitution regarding
care-giver as it pertai ns to mcdi~al mnrijuana; and
WHEREAS. Chapter~ covers the license adding language regarding transfer oflicciqe,
background in,-cs1iga11ons, reconlkccpmg. but olhcr thrui that it follows the Colorado State
Constitution;
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCU.. OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS :
~-The Clly Council of the City of Englewood. Colorado hereby nuthonzcd
nmcnlling Tit le S. of the Englewood Municipal Code 2000. by the addition of an new Chapter 22.
entitled ··M;.-dical Marijuana Primary Can:-G1vers" to read as follo"s:
~: PEEINII IONS~
As uss--d in this sec,iorWhe followinv tcm1tshnll bnve the meanioss indicated:
Medirnl)ft,riiuqnq· Allpans of the Pl•m rgcnus} c;mnabjs used in the IJ;illQ)<,'QJ ofdebjh1a1uu:
J!lNical ~,ndilicim wMiool..iJl.lhcCoJomdo Constj1utwn.Arli~~ol\.li.
4/J:JJ.ir.a/ A1ariiuana Putic,rr A Patient as defined in Lhcrolorndo Constitution Anicle XYlll
S£1:1ion 14 who JS rg,1§\Cled as I Medi~.I.MAWl!.,1'13 Patjem wub Ib• swc or c~
~JJ:ili.a,U,f~im~~n. l\LlliaillUII.I~ ~~~tuu1io.11
Allicls xyrn Sc-ctjon 14, who js Hs1cdbv a Mcdi,ol Mnriiuamill11i~uuu l!!lm;uY...Cuw.Gim
RD Jbc State McslJcoJ Marijuana reuisto:.
Alnllrnl Alarifuana Rnril/CY Card-A revistratioo card issued to a Patient as defined in the
Colorado Constil\lliQn AIJicic xym, Section 14· by the Colorado Dcoartmenlllf Public Health
und Emcil,Wllllenlll!,b,ich ~s 1hcPatjc111 mlSIJh£.l!illLc1ll.JJ'~c-mm.
1
II bi
t\/n/Jt r1l \furuua1rc, l \l lhc..• t1~u1!\1t1 o n. fl\•~,c!\~1,111 1 f!J'\M:lu~11on, U'.'<\" \lf tran,fl\.'nlltl()n 1,1 nmruuann OlJl'!!]Pbcmnlrn rclnlcd Ill 1hc11.d.!.\UlllS!r.tll<>n uf.)uch mcd1cnl 1nnruuann 1,, nddrc" n ~11cnt'$ ddJD1w11ni: medical cond111nn n~ de(incd m the r~loradr> l \,1i-111m1on •\C11de XV III, Srn1011H (!~11M<' fon,o 1,/.[M<ILl/!1<11111~.J!)_c~~cs, hu.ls, nnd J.11'.)Ycr,, 1,J 11N.n],1n1 (i:c1iu,} cm11~1h1>, nnd 1my 1111x11ircwrc1x1ro!.i2.!l,,JllercoL .. 11:hi.c.llJ!JC 1,ppr,,pJ1,11dor 11wd1cal u.«• 11s dcu11~Ll111hc C"l<>mdo t'~1Q11;.~· ll~tion I~-'-22•2: LICENSE BEOUIREP h shall he unl.1»Cul for anx Mcd1cpl Maom?na Primao
~ill.C•.Cijx~oc!.Jsu11;._11llirc, p,m_css~lllQll,C..lfil.,lrn!lmQ[I, llil"ewliwnsc, oi: l:W.))'
M.e<li._aLM~r .wwiJllaun QgLnph~r l~l!JsJJll.ovc 1l:illlfil!.lJi1s1.,Millnim:.J1
liccoicJ~llY.2Ll;w:t~.
~: APPLI CATION FO R I ICf,NSE· A Mghcal Marimitn9 license slullbe 1ssu00Jn
i\£\t~Rtcr..l..0Ll!liu'ltl :.Jll..i!..S.l.U.~~t~mncy Cnc~r.
~: SPEC IAl. l,ICt~NSE REO\UB&MENJS · In addi1ion to all olheromrisions Pf this
IilltJbr folloll:IDUJl«ul! rcgu,ren,c91s •PPIY 1° this~:
A. Qw.v a person au1horizcd by 1he Colorado Cons111u1i0n Anjch; XVll L. Se<;tit>nJ~
&µJes oI 1hc C:oJorndg Depanmcm 0( Pµbliillwth,;md.Eoriro~a}'.JwJ~ •
.a. LLCENSE NOT TRANSFERABLE· A LJccn.,c 1ssucd mu,u.~1101
be trnnsfen:ed.to anrther oca011
c. ll.1\~Q JNVESJIGA'l.lQli...Aru!licmns will he '"~ cnu,ir1~~r,11111!1
1n1 c,;J.U:illism.D, oon of JhLJ1>PJJwii>lu,l'.ll;css,.,lhywhcut1o~~c
cnnl!]1,11 .b~~ld1~1P!'e;,._ruiy_ rclQO)'.s®)lCIIOIIS.
JJ. (I h,lillScd.Msld1cal Mariu1(]j)1~('nr-.·•Ci,l'.er sll!lll.barc cQlli<;u,f 11l.LJ:.,·q111MJ~51111~
Q(£oJ.\,QlQJIJ~rati.QJ!Ul:ail!!IIJc.
J,;. Falll!rLJ,f an.aUQliti\!ll...Wlletl.lhiJ>rescrjbs;d Jilllll!Wl!,~ allll 11l!lllilisM1on:, .9f ~Chaplcr
sha!I cons\i\m.c i:roull!W'll.U~al!~llaQJJ&UlO!W'~a~· ~
~: RrnrnRf'Q ACTS:
(:,. ~l~~alJlU.ll.!l!ilO' ('~ ~y 'o;lth nil awjiglbk.Staic l,u1 ~ ~nd
j'.CJllllillW!)UCllll l.ru.:J<l.ll!uS~ ••• w£.1lrJ),Q}~~ssi111u,U-i cd1~nl MMijuana 1>i:.marii.lli>11.1
pampbro!ilh~
B. 1'-kd1~al Mru11u.1naP . .m!PO' Cru:c-ii1,m:,~1lkn-p~ur••c l\'l.'Qf~!thcir 111,cnlQ!).,
suks,.il!!2.Jllhcr re(;Qllls as t~11u1r<'i.lu;Jhc Licrnsim: Olliccr
C, t,l1,-di~uam1 l.'Jll!l,!,OI ('arc~ shfilLli<,cp r22.Qrds. ,,( nJ.L!J;;txisa-iions ror at kns\
thl!li.!~
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D. L1cc;Jlll~Lcnl..Miluiu.l\1Nbiro~i.x~~Qn\)' 1uake wcs l<.> ~ "11h,1
valid.J\1£Qlli!i .Mnrilil~na.£qtipnt Jii;ll!ijl')I (.11woo by IJ.l;:J:!llQJ;i\\lo Dcpnr1JIIC l1l-\>r •
1'uhl1c I lc~hh and Ero.·1ro11111e111.
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j:, IJc~n~l:ll>~inrlJ.l'ana PilJll;JI') < .~v~II 11\'m">s a IX>Pl of l\.l'll!~1cnl M.nru11,111~1~ll)' Cilli!.IDucd l)y lh~ndo l2ffiartmynl o,Ll'11~~ nnd 1il11'iro111~all snlcs, ~'2-6: POQH JRIJEQ ACTS: a. lill.Mt:"d~al,Mamuantl'Llnmry Cg~-Gw §b•II sen otOlhYntiwlm.udeJllWl!i!llil 10 RDYPD<; other than DCPi9D$ with Q xnltd Medical Martiunwt..lw!i!;acy Cnrd ISSYC.1' by th<: CoJwido Peoaomcm nf liealthand.Enviromncnt to rcl!imrcd Patiepts.
~-Safdy Clauses. The Cny COWlCil hereby finds. de1cnnines. and declares tha11h1s
Ordinance is promulga1ed under the general police power of the Ci1y of EnglC\1-00d. 1ha1 ii is
promulga1cd for 1he health, safely. and welfnre of the public, and Ihm this OrdiM11Ce is necessary
for the preservation o f heahh nnd safc1y and for th e pro1ec1ion of public convenience and
welfare, The Ci1y Council further determines tha1 the Ordinance bears a rn1 ional rela1ion 10 1hc
proper legislative objcel sought 10 be obtained
~-SC\·ernbililY, If any clause, scnlence. paragraph. or part of this Ordinance or !he
applicouon therroflo any person orcircums1onccs shall for any reason be adjudged by a court of
compelenl jurisdiction invalid, such judgment shall not affecl, impa ir or invalidate the remainder
of this Ordinance or it appllcalion 10 01hcr persons or circumstances.
~-Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
con0ic11ng w11h this Ordmnncc or any pon1on hereof arc hereby repealed 10 the extent of such
inconsis1cnc)' or con01c1.
~-Effect o[repcal or modificmjon. The repeal or modification ofnny provision of
the Code of the City of Englewood by thi s Ordinance shall not release, cx11ngu1sh. alter, m<><lify.
or change in woole or tn pan ani• penalty. forfeiture, or liabilily, either civil or cnminal, which
shall have bc.m mcurrcd under such provi sion. and each provision shall be 1rca1cd and held as
still remaining m force for the purposes of sustaining any nnd all proper actions, suits.
proceedings. and prosecutions for lhe cnforccmcm oflhc penalty, forfeiture. or liability, as well
as for lhc pufll(lse of sustnining nny judgmcnl, decree, or order which c.,n or may be rendered,
entered, or made in such acttons. suits. proceedings, or prosceu11ons.
Sec11an 6. Penalty. The Penalty Provision of Seel ion 1-4-1 EMC shall apply 10 each and
every violation of 1his Ordi nance .
lnlroduccd, read in full. amended and passed as amended on lirsl reading on the 21st da)' of
September, 2009.
Pubhshs-J as an amended Bill for an Ordmancc in the Ct1y's official newspaper on the 25• day o f
Scplcntbcr, 2009 .
Published as an amended Bill for an Ord1na1iceon the C11y's offic•~! .. cbsitc bcgumingon the • :J"' day of September. 2009 for th1ny (30} da)s. Rend by title and passed as amended on final reading on the 5~ day of October, 2009. Published bl mle as amended 111 the City's official newspaper as Onhnance No _. Series of 2009, on 1hc 9 dny of October, 2009. Published as amended by title on the City's official website beginning on the 7th day of
October, 2009 for lhiny (30) Jays.
Jomes K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishi• A. Ellis, City Clerk of the C"ity of Englewood, Colorado, hereby ccnify that the
above and foregoing is a true copy of the amended Ordinance passed on final reading and
published by title as Ordinance No.___, Series of 2009.
Loucrishia A. Ellis
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ORDINANCE NO Sl:RIFS OF 200'1 BY ,\lfl'llllRII-Y COLNCIL BILI N<l. 4~ INTRODUCED BY COl 'NCI! MEMBER \\'IL.SO~ AN ORDINANCE .\MENDING Tl rLE 7, CHAPTER 6D. SECTION 12, QI, Tl IE ENGLEWOOD Ml lNIClPAL CODE 2000. ENTITLED POSSESSION OF MARIJUANA
PROHIBITED IVH!Cll PERTAINS TO ENFORCEMENT
Wl!EREAS. the Colorado Constitution has been amended relative to possession of
mnrijuona/drug paraphernalia which legalizes medical use of mariJuann and paraphemaha for
persons suffering from dcbili~iting medical conditions: and
WHEREAS , 1hc passage of this Ordinance will amend the Englewood Municipal Code to align
it with the Colorado Constitution relative to possession of marijuonaldrug parnphemalia for
medical use:
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby authorized
amending Tille 7. Chapter 60. Secuon 12. of the Englewood Municipal Code 2000, ent itled
"Possession or ManjuaM Prohibited" 10 rend as follows:
7-60.12: Possess ion of Muih111•• ~1'il!wla Prohibited.
A. Definitions.
Cum11mf1tion or t·,e of u....i.-MJJr.iiJJfllw.. Shult be deemed possession lhereof.
Mar1/111ana or Marijuw,a: All parts of the plant cannabis saliva L .• whclhCT 1,'T'Owmg or nol , the
seC\IS 1hereof. the resin extracted from nny pan of the plant. and every compound, manufacture.
salt. dcnvative, m,x1urc, or preparation of1hc plant, its seeds, or ils resin. It docs 001 include
fiber produced from the stalks. oil or cake made from the seeds of the plant, or sterilized seed of
the pla111 which is incapable of gcnnination. if these 11ems exist npan from nny other item defined
ns "lll8ffflll&lla lllWWilWI" herein. "~ ~• docs not include fllnflffilflf!f lll!UlJuana
concentrate ns defined nbo,c.
~ f:iJ1J:iiJJalw Concentrate: I lashish, tctrnhydrocnn nabinols, or any alknloid. snit.
deli votive. prepara1ion. com(lOUnd or mixture, whether natural or synthesized, uf
1c1rnhydrocnnnabinols.
B. fl ,s unlawful for nny person 10 possess one ounce or less of '"8fiku&Aa QlilWIWlil, Wl32LID
&ordapcc with Section 14 of Article XYIII of the Colorado Cnnstitution-
11 b ii
C. The maximum purushmcnl 1ha1 tan be ,mpuscd for ,·1nla11on of du, S..-.:11011 1~ a~ ,; ,,1 fur1h • m Scc11on 1-4-1 of th15 Code ll owc, er. m 1mposmg pumshmcnl on mmors for V1ola1mn of 1h1s Scc1ion. 1he Coun 1s hmued 10 1hc restnc1ions of subscc11on 1-1-18 oftlus Code 7-60-12-1: Drug r1nphrrn1 1ia. A. D,'.{i11itions. As used in 1his Section, unless 1hc conlc,1 otherwise requires: I . Dmg paraphernalia means all equipment, products, and materials of &ny kind which arc used, in1cndcd for use, or designed for use in planting, propaga1ing, culliva1ing.
growing, harvesting, manufac1uring, compounding, convening, pro;lucing, processing.
preparing, lcsting, analyzing. packaging, repackaging. storing, containing, concealing.
injecting, ingesting. inhaling. or Olhcrwisc inuodueing into lhc human body a
controlled substance in viola1ion of lhc laws of this Staie. Drug pa111phcmalia includes,
bu1 is 001 lirni1ed 10:
a. Testing equipment used. in1cnded for use, or designed for use in idcntify,ng or in
analyzing the strength, effectiveness, or purity of controlled substances under
circumstances in violauon of the laws of this State;
b. Scales and balances used, intended for use, or designed for use in weis:hing or
measuring controlled substances;
c. Separation gins and sifters used, intended for use. or designed for use in removing
twigs and seeds from or in otherwise cleaning or refining marijuana;
d. Blenders. bowls, containers. spoons, and mixing devices used. in1cnded for use. or
designed for use in compounding controlled substances;
c. Capsules, balloons, envelopes. and other containers used, intended for use. or
designed for use in paclcaging small quantities of controlled substances:
f. Containers and other objects used, intended for use, or designed for use in storing
or concealing comrolled substances; or
g, Objects used, intended for use, or designed for use in ingesting, inhnling, or
otherwise introducing marijuana, cocaine, hashish , or hashish oil into the human
body, such u :
(I) Mcllll , wooden, acrylic, glass, stone. plastic, or ceramic pipes with or
without screens. permancnl screens. hashish beads, or punctured metal
bowls;
(2) Water pipes;
(3) Carburction tubes and devices:
(4) Smo',;ng and carburetion masks;
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(S) Roach chp,, mc;,nmg N>JCC1S used Ill hold bummg n1'11cnal. such a.,, marijuana c1g~rc11e 1ha1 has tie.:omc 100 small nr 100 shnrt 10 be, held · , hand; (6) M inia1urc coca,nc spoons and coca me vials; (7) Chambc,r pipes: (8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(I I ) Chillums :
(12) Bongs; or
(13) Ice pipes or chillers.
B. Delem1ina1ion; Considern1ions.
l . In dctcmuning whether an object is drug paraphernalia, a coun, in its discretion, may
consider, in addi1ion 10 all other relCYllll factors. the following:
a. Statements by an owner or by &nyone in control of the object concerning its use;
b. The proximity of the object to controlled subs1ances;
c. The existence of any residue of controlled subs1anccs on the object:
d, Direct or circums1an1inl evidence of lhe knowledge of an owner. or of anyone in
control of 1he objec1, or evidence thnt such person reasonably should know, lhat
ii will be delivered 10 persons who he/she knows or reasonably should know,
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could use the object to facililatc a viola1ion of this Scc1ion;
Instructions, oral or wrillen, provided wuh tl1e object concerning ils use;
Descrip1ive materials accompanying the object which explain or dcpic1 hs use;
Nat,onal or local advertising concermng its use;
TI,c ma011cr in which the object is displayed for sale:
Whether 1he owner, or anyone in control of the object, is a supplier of like or
rcln1ed i1erns 10 the community for legal pwposcs, such u an au1horiu:d
distributor or dealer of tobacco products;
The existence and scope of legal uses for the obj eel in 1he communi1y;
Expe111es1imony concerning iis use.
C'. Pm,M.::!;~IOn ,,f llrui,! Pamphcm.,ha A pcr~on commu:-pos,c:~u.m t"'f drug paraphcma!1a 1f he sht posM.'SSC~ drug parnphcmalrn nm\ ~nOW!\ or rcasm iahly s.hould ~rum that the drug par.iphcmaha c,>uld be used under cor~unlsianct-s in ,·iolauon <>f tl11 s Code. gSl'l'l IJl ru;r,,rdi!~11h,S~11on ~ W:Aa1ck AVIIJ ,,f1h,·!;:~~111~11<>11 D. Manufacture, Sale or Deli\'cry of Dru!! Pnraphcmnlia: Penally. Any person who sells or delivers. posses,cs wnh mlenl ti' sell ordcli•·cr. or manufactures with 1111cn110 sell or dcli.,cr equipment, products. or matcrmls Lnowing. or under c,rcumstanccs where one reasonably shoul d know, 1h01 such equipment, products or materials could be used as drug parnphem:ihn
conum1s a ,ioln1ion of 1hi~ Section, ~~rdance with Scctjon 14 of Article X¥lll Qi
the Colorado Cppsllllllion.
E. Advcnisement of Drug Parnphemalia ; Penalty. Any person who plnccs an advcniscmcnt 111
any newspaper, magazine, handbill, or 01,er publication and who intends thereby to promote
the sale in this City of equipmait, produ•:ts, or matcnals dtsi!!llcd and intended for use as
druQ paraphenmlia commits a violation of this Code, cxccp\ in acmancc wi1b Section l 4 of
Anicle XYW oCtbc Colorado Coos1itution-
F. Defenses. The common law defonse known as the procuring agent defense is not a defense
to uny crime in this Section.
~ Safew Clauses, The City Council hereby finds, dctcnnines. and declares that this
Ordinance is promul1111tcd under the general police power of the C11y of Englewood, 1ha1 it is
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promulgnted for the health, safely, and welfnre of the public. and thal this Ordinance is necessary •
for the prrservation of health and safety and for the protection of public com·cnienec and
welfare. The CII)' Council funhcr detcnnincs that the Ordinance bears a mt tonal relation to the
proper legislative ohject sought 10 be obtained.
~. Sc:vgpb1htv. Ir any clause, so,tt,icc, paragraph, or part ofllus Ordinance or the
apphcution thcrcol 10 any person or circunlqtnnces shall for any reason be adjudged by a eoun of
competent jurisdic11on invalid, such judgmen t shall not affec t, hnpa,r or invalidate the remainder
of this Ordinance or II application to other persons or circwnstanccs.
Sec]jop 4. lnc1wisten1 Ordjnances, All other Ordinances or ponions thereof inconsistent or
conflicting with this Ordinance or any ponion hereof are hereby repealed IO the extent of such
inconsistency or conRict .
Section S. EITccl \>( repeal or modifjcotion. 1l1e repeal or 111odilica1ion of any provision of
lhc Code of the City of Englewood by this Ordinance shall nol release, extinguish. alter, modify.
or change ,n woolc or m pan any J><.'llahy. forfeiture, or hability, c,th<.-r c1v1I or crimin:il, which
shall lmvc been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and nil proper actions, suits,
procccdm!lS, and prosecutions fonhecn(orccmcnt of the pen:ih)'. forfeiture, or liabihty. as well
as for the purpose of sustaining any judi;rnent, decree, or order" hich can or may be rendered.
cnterOO, or made tn such ac1ions, suits, pmcccdi ngs 1 or prosecutions.
Secuon 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply 10 each and
every violation of this Ordinance.
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lnu,'<lu(c-d, read III full .• md p.1»c-.l <'ll lirsi read mg on the ~Isl Ja) of Scp1cmhcr. ~IWl'l l'u hh~hcJ as a IJ1II for an Ordinance 111 the Cny·s c,ffic1al ncwsraper on 1hc ~s• Jay uf Cl'IL"mhl:r, 200n Puhh ho! a,. a Bill for an OrJmancc ,,n the Cny' official \\Ch>1te h..-guming on the Bnl da) of Scpicmbcr.1009 for th1ny {30) Jay Rc.1d by llllc and passed on final rcadmg on the 5th day of October. 2009 .
Publtshcd by ttllc III the Cuy·s official newspaper as Ordinance o. _. Scncs of 2009. on
the 9th day of October, 2009 .
Pubh shL-d b) 1i1lc on the Ci1y's official wcbsue beginning on the 7th day of
October, 2009 for th1ny (30) da)s.
Jnmes K. Woodward. Mayor
ATTEST:
Loucrishia A. ·llis. ity Clerk
I, Loucrishin A. Ellis, Cny C'lcrk of the City of Englewood, Colorado, hereby ccnify 1h01 the
a hove and foregoing 1s a tn, copy of th e Ordinance passed on final reading und published by
title as Ordinance No _, ~eric of 2009 .
Loucnsh1a A Elhs
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COUNCIL COMMU NI CATION Dale: Ag end a 11 cm: Sub ject: O, 1<1her 5. woq 11 cl A Resolu1ion Selling License F~es lor MedK:.11 Marijuana Primary Care--Gi, ers Initiat ed 8):
Dl'panmen1 nl Finance and Administrative Ser,ices I Staff Source:
Frank Gryglewicz, Director
COUNCI L GOAL ANO PRE VI OUS COUNCIL ACTION
The Counci l discussed 1he licensing of Ma rijuana Primary Care-Givers al lhe August 17 Jnd
Sep 1ember I ~. 2009 s1udy sessions and approved the Council Bill creatin g Chap1er 22, of Tide 5,
Marijuana Primary Care,Givers on fi rsl reading September 21, 2009 and on second reading
Oc tober 5, 2009.
RECOMMENDED ACTION
Medical Madjuana Primary Care-Givers are individually lice nsed. Each Medica l Ma rijuana Primary
Care-Giver must apply for a license separa tely and comf., with an d mee t all licensing requirements,
even If mulllple Med ical Marijuana Primary Care--Givers use the same physical location.
Staff recommends City Council approve the license fee for Marijuana Primary Care--Givers al $250,
the background fee Is SSO, and 1he applica1lon fee is $15.
FINANC IAL IMPACT
The proposed lees are not expecled to generate substantial revenue.
UST OF ATTACHMENTS
Proposed resolution
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RESOLUTION KO. SERIES OF 2009 A RESOLUTION ESTA0LISIIINO ANNUAL LICENSE FEES FOR MEDICAL MARIJUANA PRIMARY CARE-GIVERS FOR THE CITY OF ENGLEWOOD, CO LORADO. WHEREAS, lhc City Council of lhc Cily of Englewood. Colorado amended lhc Englewood Municipal Code 2000 by the addition of a new Chaplcr 22 penainU1g 10 the licensing of Medical
Marijuana Primary Care-Givers in 1he City o f Englewood. Colorado wiu, the passage of Council
Bill No 42, Series :?009; and
WHEREAS. Medical Marijuana Primary Care-Givers arc individually licensed so each
Medical Marijuana Pnmary Care-{iavcr must apply for a license separately, even 1f multiple
Medical Marijuana Primary Care-Givers use lhc same physical location. Each applicant must
apply for a license separately and meet all licensing requirements; and
WHEREAS, the passage of this Resolution es1ablishes aMual licen.sc fees for Medical
Marijuana Primary Care-Givers locntcd in the City of Englewood, Colorado;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF Tl IE CITY OF
ENGLEWOOD. COLORADO, THA 1':
~-The City Council of the City of Englewood, Colorado hereby authorizes the setting
oflhc City's Armual Medical M3rijuallll Prim:11) Care-Giver License Fees, as follows:
Medic.I Marij uam Primal')• Cart--Gh·tr Lkeuse Fets.
A. Armual Medical Marijuana Primary Care-Giver License Fee• S250.00
B. Background investigation conducted by the City for each applicanl -SS0.00
C. Application Fee -SI 5.00
TI1csc foes shall be in addition 10 nny annual fees imposed by the Stntc.
AU(i'"TED AND APPROVED this 5th day of October, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ell is, City Clerk
I, Lou<'nslun ,\ Elbs. C11y Clerk for 1hc Cny of FJ1glcwood. Colorado. hc.-rcb~ cc'I11fy the above is a true COP)' of Rewlu1ion No. __ . Serie; of 2009. Loucri shia A. Ell is. Ci1y Clerk •
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COUNCIL COMMUNICATION Da te: Agenda Item: Sub j ecl: October 5, !009 11 ell A Resolu11on Approving FYW10 Commun ity Developme nt Hlcx.k Granl Applica I1011 lniliated 8 10 I Staff So urce:
Community Developmen1 Depar1me111 liMol d J. S1iI~ Sen ior Planner
COUNCIL GOAL AND PREVIO US COUNCIL ACTI ON
PR EVIOUS COUN CIL ACTION
City Coun cil has app roved resolutions 10 file Community Developmenl Block Grant (CDBG)
applications almost annually since 1977. Panlcipation in the Arapahoe County entillemenl
program began in 1991. Participalion is authorized in three-year incremen ts. Ordinance 22, Series
of W09, approv ed an lnIergovernmen1al Agreement 10 par11cipa1e i n the Arapahoe County
Community Development Block Grant and HOME Inves tment Partnership Programs for federal
fiscal years 2010 duough 2012.
RECOMMENDED ACTION
Slaff recommends that Cou ncil approve a resolulion authorizing staff to apply to Arapahoe County
for Ih e City of Englew ood's portion of federal fiscal year 2010 Community Development Bl ock
Grant (CDBG) funds.
BACKGRO UND, ANA LYSIS, AN O ALTERNATI VES IDENTIFIED
The U. S. Dept. of Housing and Urban Development (HUD) CDBG Ent ,tlemenl Program provides
granIs lo unlls of local government and urban counties 10 meet housing and community
development needs. The objective of the program is 10 enhance urban communities by providing:
• decent, safe, affordable housing;
• Improved infrastructure;
• pubhc facaities and services;
• economic opportunities.
The Federal Program objectives are achieved through projects dl!\·eloped by local
governments that pnmarily benefit low and moderate-Income famihes as well as other
federal objec tiv es. The request for funds may also include acIivlIl es that meet urgent
dt'\ elopmenl needs ,n commurn tles such as damage from ftoodlng. tornadoes, fire, etc.
Loe.ii governments determine whkh activities best serve the objectives of the program •
Funds are appropriated annually by Ihe Congress for th e CDBG program and are all ocated by
sI,11uu1ry formul.J 10 e,,ch entitlement area. Arapahoe County is approved as an urban county
en Iidemen1 area. The CDBG gr,1n1 fun ds are curren tly distributed 10 parlicip..iting dt,es wi th in
Ar,1p,1hot> Coun ty. (dth parIlcip,1 llng city receives a Sl'l•aslde porllon of tl1e I01al Cl)RG allc-catl on.
n,e curren l part1t1p,11111g Cllies ,ire 1he C11 1t>~ ot fn~ll'\voud, L111le1on, Sh,•rld ,111 Glend,,lt>. Dee, Tr.111. Jnu Greenwoc,rl Vlll,1gc. n,, ftind,ng le, el 101 1l1e l •I) of Engle,rnod (or FY 21,101, a1111upatcd io be S 150,000. 1he s,une a, ii ha, been '"' 1lw 1>,H I i w ars. The 01)' of Englewood musl submn an .1pµhca1iun no la1er lhan Ocmh~r W, ~009 m order 10 recen e 11s po,t,on of lhe ~O 1 0 CDBC funding from Arapahoe County The applica11on "m be for a 101al of $175,000.00. Engle" ood's FY~0TO program consists of d1ree p<OJe< 1>. TI1ese pr01ec1; con lmue 10 meel curren l housmg and neighbomood needs benefiuing low and moderale•mcome families. All pro1ec1s Jre subject 10 addilional review by Oty slaff, Arapahoe Counl)' CDBG adminls lralors, and lhe County Commissioners. The !isled projec1s and funding levels ma) cl ,ange
based on 1hose reviews. FY2010 CDBG funds will be requested for 1he following projem:
I) S 100,000 for an energy efficiency home irnprovemenls projecl focusin~ on
improvements 1ha1 qualify fo r 1he Federal Tax Cred its for energy efficien-y as
well as 01her applicable stale, local and pdva1e rebales.
2) SS0,000 for lhe Housing Rehabilitalion Projecl lo provide loans 10 I0\\•1rr Jr-
homeowners 10 finance 1he costs of ma1or household repairs and impmven1,m1,.
This Projecl also Includes a handyman/small rehab componenl 10 assisl seniors
and disabled persons with the costs of minor household repairs;
31 $25,000 for a 1enth-year request to assist wilh s1affing needs for the House of
Hope homeless sheller.
FINANCIAL IMPACT
Existing Communlly Developmenl staff will adm 1,,1s1er 1he proposed projects. Slaff salaries
and benefits represent 1he City's pa11ici'Ja1ion In •~e projects.
LI ST OF ATTACHMENTS
Resolulion
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RESOLUTION NO. SER IES 01' W09 RESOLUTION ALTHORIZING THE en y OF ENGLEWOOD. COLORADO. TO FIi FAN APPLICATION WITH AR..\PAIIOE COU:S'TY FOR A 201 0 COMM UNITY Dl,VELOPME:Sl BLOCK GRANT. WHEREAS. the Englewood City Council hos opprov<.-d CDBG opplications since 1977 oo
approved the execution of an ln1crgovemmcn1al Ab'Teement with the passage of Ordinance
No. 37, Series of 1991, coveri ng the Ci ty's participation in the Ampnhoc County C'DBG
Entitlement Program for fw,ding years 1992 through 1994: and
WHEREAS. the Englewood City Council approved passage of Ordmanc..: No. 13, Series, •
2006, authorizing the e.,CC11tion of an lnterg,. vcmmcntal Agreement between the City of
Englewood and Anpahoe County covering pan1cipation in the Anpahoe County COBG
Entitlement Program for funding year& 2007 through 2009; and
WHEREAS, the Englewood Ci ty Cou ncil approved passage ofOrdimmce No. 22, Series of
2009, authorizi ng the execution of an ~llergovemmemal Agree ment between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County COBG Progmm
and HOM E Investment Partnership Pr0b'TBmS for federal fiscal ycan 2010 through 2012; and
WHEREAS, l!K Arapahoe County CQmmumty Oc:velopmcnl Block G111nt Program provides
grants to participating mun;doaht1cs 10 meet housing and commurul)' dc,.-elopment needs; and
WHEREAS. to compete 111 the Arapahoe County Community Development lllock Grant
Program, IOC<'II governments must submit nn applicaiion: and
WHEREAS. the City of Englewood hns received a notice of fund ov11ilnbi lity: and
WHEREAS. lhe City of Englewood, Colorndo, desires to apply for 1hese funds through the
Ampahoe C'oumy 20 IO C'ommunily Development Block Grant to fund the Energy Efficiency
Home ~provements Projects. Housing Rehabih1a1ion ProJect, and House of Hope staffing
pTllJCCI.
NOW, TIIEREFORE. BE IT RESOLVED BY TIIECITY COUNCIL 01 THE CITY OF
ENGLEWOOD, COLORADO, '111AT:
~ The City of Englewood, Colorndo, is hereby authorized to file an 1pplication for
an Arapahoe County 2010 Community Development Block Grnnt .
~-The \fo) rand Cny lcrk arc authorized to ign and nncst all nccc:'I~ fomt>. d,icun11.11t , 11>. umnccs and ccn11ica11ons for the Commuruty Development Block Gram apphcauon (or nd <m l,ehal r or the City Council and the C11y or Englewood. ADOPTED A 'D APP RO\'ED this s• day oroctobcr, 2()1)9.
ATTEST ·
James K. Woodward , Mayor
loucri shl a A. Elli s. Cil y Cle rk
I, Loucris hia A. Elli s. Ch y Cle rk for the City of Englewood. Col()rado , hereb y ccnify the
above is a true co py of Reso lution No . __ , Series of 2009 .
loucrishia A. Elli s, City Clerk
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COUNC IL CO MM UN ICATIO N Dale: Agenda Hem: Sub jecl: Oc1ober 5, 1(1()<1 11 ciii Resoluuon d,,ntymg S1gn111g Au1hon1y for Ordinance 37, Senes 1()(1'1 for die Neighbo<hood S1abilization Program Gran! Initiated By:
Community Developmen l Depar1me 111
I Staff Source:
Haro ld J. Slitl, Sen ior Planner
COUNCIL GOAL ANO PREVIOUS COUN CIL ACTION
Oly Council approved Resolu11on 34, S· ,es of 2009 authorizmg staff to apply to the Departmenl of
Local Ahairs, Colorado Division of Housing, for a portion of Arapahoe County's allocation of the
Federal Neighborhood Stabilization Program funds (NSP I).
City Council approved Ord inance 37, Se rl es of 2009 aulh orizi ng tile execution of a con1rac1 for
Neighborhood Stablllzallon Program granl funding betwee·1 1he Sia le or Colorado Oepartmen l of
Local Affai rs and the Oty of Englewood .
RECOMMENDED ACTION
Staff recommends thal Council approve a Resolullon darifyrng ~1e signing aulhorily for the City of
Englewood to fulfi ll 1he NSPl contracl wilh 1he Co lorado Depar1men1 of Local Affairs. Staff
req uests 1ransfer rlng signing au lhority 10 Al.ir1 While, Dlrec1or or Con11 m1111ly Devclopmenl.
BACKGROUND, ANALYSIS, ANO ALTE RNATIVES ID ENTIFIED
In 2008, the Federal government passed dw Hou'1ng and Economic Recove,y Act (HERA). HERA
approprialed Sl.92 bUl1on for the Neighhorhood S1abilization Program (NSPI) to support the
acquisition, rehabilitahon, or der.olitlon of fo reclosed and abandoned properlies. The State of
Color,,do received a tolal S53 mill ion In NSP I funds or which $37.0 million Is directly adminislered
by lhe Slate.
In March, the Communlly Development Oepa rt menl submi lled an appllcallon 10 lhe Stale as
authorized for NSPI funding for Project R~build. The Stale Housing Board ,1wnrded project
Rebuild in July to purcha~e. rehablhtate, ,md sell foreclosed single-family properlles In eligible
ceosus tr~cls localed throughoul the City. In September, Coundl approved entering onto a contract
with the S~11e lo, NSP 1 funding.
The NSPl contract requires the purchase, rehab,lltati on, and resale of 10 homeownership units. II
also requires reporting documents such as a site-specific Pnvironmen1a l checklist, time logs,
adm in is tralion activity reports, reques ts for reimb lirsemcm and monlhly financial status repo rts be
signed by the cert,~•ing orficial o r an au1horized ofncial. The NSPl con1rac1 specificall y cites the
IAayor '" th~ c~lllf\ ,ng a111tfor authorized official.
In order 10 nut make unne<-e,s,uy demands on the Mayor's lime and meet the compreswd 11mefrJmes requued In the NSPl contrac~ sldff requests transferring signing authorn\ 10 Alan White, Director 01 Community Oe\'elopmen1. FINANOAL IMPACT None
LI ST OF ATTACHMENTS
Resolution •
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RESOLlrrlON NO SLRll,S or 1009 A Rl'.SOI trTION t I.ARlrYING SIGt-.lNG AlJlllORm' FOR cm· OI 1,:-...;1 LWOOO. COLORAOO FOR rlll· PROGRAM AlITHORIZED DY ORDINANCI: NO 37. SF.RIES 10Cl'I FOR rnr NEIGI IRORI 100D STABILIZA Tl01' PROGRAM GRANT. "~11:REAS, the Englewood Cny Council authorized the City's apphca1,on for Federal fundm~
through the Neighborhood Stabilization Pmgrnm (NSPI ) wuh the passage nf Resolution No :14,
Scncs of 2009: and
WI IEREAS. the Colorado S1n1c Housing Board approved the Projce1 Rebuild NSP I
apphc.11ion on July 14, 1009 ond awarded the City of Englewood$ 1.2.53.379, and
WI IEREAS, the Fnglcwood Cit• Council authorized an agreement wuh the State of Colorado
Depanment of Local Affairs for al leighborhood Stabili1.a1ion Program (N~P) Grom by the
passage of Ordinance No. 37, Series of 2009: and
W!IEREAS, the NSPI contmct provides for the purchase, rehabilitation, and resale of ten (I 0)
homeownership units, requ iring reporting documents such as a site-specific environmental
checklist, time logs. ndministrntion activity reports, requests for reimbursement, and monthly
fiMncinl status repons be signed by the Maror as the certifying and/or authorized official: and
WHEREAS, the pns:iage or this Resolution authorizes the Director or Community
Deve lopment os tltc designec omhorizcd 10 sign for and on behalf or the City of Englewood.
Colorado on such ministeriol octs for the CDBG Neighborhood Stabilization Progront (NSP)
NOW. THEREFORF, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01'
ENGLEWOOO. COLORADO. THAT:
~. The Caty Council hereby grants signing outhonty 10 the Dm•:tor ,t the Englc11ood
Commumty Development Dtpanmcnt for the ministerial oas assocaatcd with the NSPI Cimn,. for
and on behalf of the Caty Council and the Cuy of Englewood. Colorado.
ADOPTED AND APPROVED this 5th day or October, 2009.
ATI'EST·
James K Woodwlll"d. Mayor
Loucrishio A. I'll,<, Cuy C'l~Tk
1, Loucnsh,o A. Ellis, C11y Clerk for the City of Er. :wood, Colorado. hereby certify the
above ,s o true copy of Resolution No. __ • Series o, '.009.
Loucrishia A. Ellis. City C'lcrk
• COUNCIL COMMUN ICATION Date: Agenda llem: Subject: Oc1ober 5, 2009 11 civ Memorandum ol Understanding amending the Collecuve Bargaining Agreem~nl Between ~,e Or, and the fPBA I°' 2009-2010 Initiated By: I St.aff Source:
Human Resources Departme11t Sue Eaton, Director or Human Resources
COUNCIL COAl ANO PREVIOUS COl •NCIL ACTION
The Colective Bargaining Agreement with the Englewood Police Benefit Association was approo,ed
by Councillor 2009-2010.
RECOMMENDED ACTION
Staff requests Council's apprO\al of a Memorandum of Understanding (MOU) amending the
provisions of Article 22 (Insurance) ol the 2009-2010 Collective Bargaining J'orPenlent with the
• Engla,ood Police Benefit Associahon.
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BACKG ROUND, ANA LYSIS, AND ALTERNATI\/B IDENTIFIED
The Oty's coJJective bargaining agreement for 2009-2 0 10w,th the EPBA refers to employee
premium participation in a "single plan• medical insurance offering. The MOU oud1nes the
contribution level\ f°' a "two pl.in" model. Employee contribuhons for the base "City Plan" will be
7.5% 10\, er than the percentages described in 1he con tract Employees choosing the •Buy Up" plan
will pay the differeoce between the premium costs ol the two plans.
FINANOAL IMPACT
The financial impact ol 1he Memorandum ol Unders1anding (when the provisions a1e applied 10 an
General Fund employees) will be a S 123,000 sa, ,ngs to the General Fund.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO. SERIFS OF 2009 A .SQt,, , AUTHORIZING AN AMENDMENTT011IECOLLECTIVE AR~IN G AGREEMENT Bt,,WI EN TIIE ENGLF.WOOO POLICE BENEl'IT ASSOC 'ION AND THE CITY OF ENGLEWOOD FOR niE PERIOD OF JANUARY I. 2CX/6 Tll OUGH DECEMBER 31.1010. l'ERTAfNING TO "ARTICLE 22 INSURANCE."
Wl} · EAS, the City Council of the City of Englewood authonzcd "The Collective Bnrgnining
Agr/cmcnt" with the Englewood Police Benefit Association (EPl3A) for the years 1009 and 2010,
the p.usagc of Resolution 66, Series of2008; and
WHEREAS, the passage of this Resolution will authonzc amcndint: "Article 22 Insurance"
pro,'isions of the "Collective Bargaining Agreement" between the Englewood Police Benefit
Association and the City of Englewood for the pcnod of Jnnuory 2010 through December 20 IO;
ond
WHEREAS, Article 12 -Insurance -(A) Medico/, of this Englewood Police Bei,efit
Association (EPBA) Collective Barg;,ining Agreement provides for the employees to pay a set
percentnge of the premium cost for medical Insurance for each level of coverage. i.e. employee,
employee plus one or •~mi!y coverage; and
WHEREAS, the EPBA and the City recognize the projected revenue shonfalls of the City for
!he fiscal year 2010; and
WHEREAS, th< City and EPBA agree to amend the Agrccmcnt in connecuon with the
employees· percentage of the medical insumncc premiwn 10 provide fo, a "two plan'' model: and
WHEREAS. the premium percentage designated m the Collect,vc lfargoming Agrceme,it will
cover the basic medical plan (HMO) but may not cover the "two plan" (PPO) medical in.<uronee
coverage, and
WHEREAS, this Amendment will allow employees 10 use the current pcrcct11age contribution
and have medical insurance coverage under the basic medical plan (HMO) or to "buy up" 10 the
(PPO) plan by P3ying the diffenenec in the premium com winch may exceed the current contract
percentage.
NOW. TIIEREFORE. BE IT RESOLVED OYTIIECITY COUNCILOFTIIECrt'Y OF
ENGLEWOOD, COLORADO, TIIAT
~-The C11y C:t1unc1I of 1h~ 11y of l!nglcwood. Colorado hereb> ar nro ve:. lhe amendment of "An,cle 22 ln.surance" 10 the Collcct,ve Bargaining Agrccmcm ·,.:,ween the Englewood Poh e Bcnclil Assnl.,auon and th Ci1yofEnglcwood for the pcnod January I. 2010 1hrough Dcecmbcr-' I. 2010. acopy of wtuch 1s au chcd bcrclo as F'<lubu AOOPTFO AND Al'PROVEO 1h1s s• day of October. 2009 .
ATT· T:
James K. Woodwanl, Mayor
Loucrishia A. Ellis, Ci t;• Clerk
I, Loucri slua A. Elli , City Clerk for lhe City of Eng lewood . Colomdo, hereby cenify the
above is a true copy of Rcso luuon No._., Series of 2009 .
Loucrishia A. Ellis, City Clerk
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MEMORANDUMOFOJ\~ERSTAND~G Toe Cny of Englewood and Englewood Polict Benefit Association enter into this Memorandum of Undemanding whereby the provisions of Anicle 22. Insurance, A. Medical will be amended to read ns follows for the period effcaive January I, 2010 through December 31,2010:
A. MEDICAL
The City will pay $322.36 of the monthly premitl!D cost for "employee OD!y" coverage,
$672.84 of the monthly premium cost for "employee plus one" coverage and $954. 70 of
the monthly premium cost for "family" coverage for employees who participate in the
medical insurance plBDS offered by the City. Employees enrolled in th.e "City Plan",
{HMO Only} will pay either $3 .82, $2S.IS or $62.9S pe: pay period towad the premium
cost, depending on the level of ooverasc. Employees em-oiled in the "Buy-Up Plan",
(Triple Option} will pay either $28.21, $78.84 or $143.44 per pay period toward the
premium cos~ depending on the level of coverage.
Dated this #.5"-1t,1, day of .C~dg , 2009 .
ENGLEWOOD POLICE BENEFIT
ASSOCU.TION
By:~-~
Acel D. Rowley, President
CITY OF ENGLEWOOD
By. ____________ _
. James K. Woodward, Mayor
S~N--l0091MOU6 Dld2090907Aoc
• COUNCIL COMMUNICA'flON Dale: Agenda 11cm: Subject: Oclol>t-r 5, '009 I 1 CV Memorandum of Unders1anding amendong lhe Collec1,ve Bargaining Agreemenl Be1ween 1he Cirr and 1he EFFA fo r 2009·20I I ----lnill,llcd Hy: I Staff Source:
Mun.an l<esources Oepar1men1 Sue Ea1on, o:rec1or or Human Resources
COUNCIL c o,l <\NO PR EVIOUS COUNCI L ACTION
The 1.ollect1ve R;:,gaining Agreemenl wtlh 1he Englewood Rrefigh1ers Association was approved by
Council for 2009 -2011.
RECO'vlM ENOEO ACTION
Slaff requesls Council's approval of a Memorandum of Unders1andlng (MOU) amending 1he
provisions of Arlide 24 (Insurance) of lhe 2()()9..2011 Collective Bargaining Agreemen1 wllh d1e
• Englewood flrefigh1ers Associalion.
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BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Ci1y's collective ba rgaining agreemen1 for 2009·2011 with the EFFA refers to employee
premium par1iclpa1ion In a "single plan" medical insurance offerin g. The MOU ou 11ines 1he
conlribu11on levels ior a •iwo plan" model. Employee conlributions for lhe base "Cil)• Plan• will be
7.5% lower 1han 1he percen lages described in 1he conlract. Employees cho05ing lhe "Buy Up"
plan will pay the difference between 1he premium costs of lhe two 1>ians.
FINANCIAL IMPACT
The financial impact of 1he memorandum of underslanding (when 1he provisio ns are applied 10 all
General Fund employees) will be $123,000 savings 10 1he General Fund.
LIST OF ATTA CHMENTS
Proposed Resolu1ion
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RESOLUTION NO ~FR II ~ (11 21Ml'l A Kl.SOI ll 111 IN Alfl'llt>Kl/.lN(i AN AMENDMl:.J\'T TO Tllr COLLF("I JVF UAIHiAIN ING AGRl·EMl·~/"I IJl!IWEEN TIIE ENGLEWOO1) FIREF!GIITERS LOCAL NO me, ANIJ TIIE CII'\' OF ENG LEWOOD l'OP. THE PER IOD OF JANU/\RY I. 2010 J IIKOU(i ll llEC'EMllFR .11, 2010, l'FRTAINING TO "ARTICLE24 -INSURANCE." WI ll ·KEAS. 1hc Cuy l'c•u11c1I n( the C11y of Englewood nu1hon1.cd "Collcc11vc llnrgni111ng
Agrccmt111" h<.1\\cen the 1:nglcwood l'lrclighl~ Local No. 1736 (EF FA) for1he ycors 2009.
20 IO and 2011. hy the ra~s.,Rc of Resolul i~n 6S. Series of 2008: nod
Wlll:RF.AS, 1h<-pas.,11!(' nfllus Rcsolu11on will alllhorizc amend.mg "An1clc 24 Insurance"
11n1VtMllCl5 of lhc "Collecmc ll,1ri:a1mn~ l\llfC'.-mcnl" between the Englc--ood F1rcfightm Local
No 1736 and thcClly ofEngk,,.,od for lhe pcnod of January201 0 through December 2010: and
WIIERFAS. Ar11clr !4 lnmrn11cr (A) Medical, oflhis Englewood F1rcfightm Local 1736
(liFFA) Collcc1ivc Bnrga11u11g Agreement provides for 1bc employees 10 pay a set pcrccntagr of
lhc premium cos1 for med,cnl 111surn11cc for c.,ch level of coverage, i.e. cmph . employee plus
one or f~mily covcmgc, nwl
Wlll!REAS, lhc l(l'FA and 1hc Chy rooognlze 1hc projected rc\'enuc shonf. ,., of the City for
1hc fiscal ycor 2010; nnd
WI IERl:AS. the Cit) an.I EffA agree 10 nnic11d the Agreement m connection with the
emplorccs·, -rc<11tal(e ,,r 1hr 1111.,ltcal u1J>umnce premium 10 pnl\idc for a .. ,wo plan" model: and
WI I EREAS. tbe prmuum rn,:cotn~c dc:s1l(nn1cd m the Agn.~nau w,U cov•-r the basic
mcd,col plnn (!IM O) hu1 n~11 •~~ cmet 1hc "two rlnn" (Pl'O) medical insurance covcTUge: nod
WI !~REAS, 1hos f\men,lmcnt "'II nllow employees 10 use the current pcn:eniagc contribution
und hn,e nu:d,c:ol 111,ur.1111:c rn,cr,1~c under the b.1.ic 111cd1cal plnn (I IMO) or 10 ·'buy up .. 10 1he
(l'PO) pl:m hy P"Y'"ll the J11Tcrmc, 1111hc 1ircnllu111 costs which may exceed the current contract
pcrccntn1:c
NOW, TIIEKl:H>IU ·, Ill• I I llhSOI VH~ UY 1111 ' l'ITY COUNCILOFTllF CITY OF
ENGLGWOOD. COi.ORA DO, I IIA I
~. Ille l'lly C'oun,:ol 01I th,· c·n, 111 I rwk\\1~.J. I 1•l<1tJd<' hc,d•) :i~pm,c• the amendment ol "\rtrclc ~J ho umn,c" ul ti r Collcctoc llmj!JIIIIIIJ! \~rcc,ocm hl.1 \\C<."111hc Englewood hrefiti111cr. I ,11:nl 11,1, ,111.J tilt ( II) ut I n~k\\, • ..i f,,, lhc \C.lh ~IMIII. win. and 2011 a COft of whi,:h" 11,, ·he.I hem,,,,. I ,l11h11 \
ATT I.
Lo ucrl shi a A. Elli ;, City Clerk
I, Loucri shia A. Elli , Cir> Clerk fo r the Ci1y of Engl ewood , Colorod o. hcrehy cenrfy the
above is a true copy of Resol ution No . __ , Series of 2009.
~hln A. Elli ~. City Clerk
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• MCMOR,\"'IIIL'~I OF l!!'\DERSTA~DI NG Inc City of Eng)e\\c,od and The Englewood Firefighters Local I 7J6 enter into this .MemC1randum of Understanding whereby the prO\·isions of Article 24. Insurance, A Medical "ill be .uncndcd tCl read as follows for the period effective January I. 2010 through December 31,2010:
A. MEDICAL
The City will pay S322.36 of tl1e monthly premium cost for "employee only" coverage,
$6 72.84 of the monthly premiwn cost fo r "employee plus one" coverage and S954. 70 of
the monthly premium cost for "familytt coverage for employees who participate in the
medical insurance plans offered by the City. Employees enrolled in the "City Plan",
(HMO Only) will pay either $3.82, S25 . I 8 or $62.95 per pay JX·riod toward the premium
cost, depending on the level of coverage. Employees enrolled in the "Buy-Up Plan",
(Triple Option) will pay ei ther $28.21, $78.84 01 $143.44 per pay period toward the
premium cost, depending on the level of cove rage.
• Dated lhis~"'aay of J.,4 /.,4 < • 2009.
ENGLEWOOD FIREFIGHTERS LOCAL 1736
By: __,,B=iH._,--"1,-',r-r;.;cu~a.,~r<-----
CITY OF ENGLEWOOD
By: ____________ _
Ja~es K. Woodward, Mayor
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COUNCIL COM MUNICATION Date: Agenda 11cm: Subject: October 5, 2009 11 C vi Memorandum of Underslandlng amending the Collective Bargaining Agreement Be tween the City and th e EEA for 20t0-201 1 Initialed Bis I Slaff Source:
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL COAL AND PREVIOUS COUNCIL ACTION
The Collecti, e Bargaining Agreement with the Englewood Employees Association was approved by
Council tor 2010-2011.
RECOMMENDED ACTION
Staff requests Counc il's ir,proval of a Memorandum of Understand ing (MOU) amending the
provisions of Article 21 (Insurance) of the 20 I0-201 1 Coll ective Bargaining Agreen,ent with the
Englewood Employees Association .
BACKGRO UND, ANALYSIS, ANO ALTERNAllVES IDENTIFIED
The Citi 's collecove bargam·ng agreement for 2010-2011 with the EEA refers to employee premium
panlcipa11on ma "single p.Jn• medical insurance offering. The MOU outlines the contribution
lwt'ls for a •rwo plan· model . Emp loyee contribu tions for the base "City Plan• will be 7.5% lower
than 1he percentages described in the contract. Employees choosing the "Buy Up" plan will pay the
difference between the premiu m costs of the two pla ns.
FINANCIAL IMPACT
Tht• 11n.1nc1.1I nnpact of the memorandum of understan ding (when the provisions are applied to all
General Fund employees) ,,,II be S 123,000 savings to the General 'und.
LIST OF ATTACHMENTS
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RESOLlJf!ON NO. SrRll'S OI 101~1 A RES<>l l.11 ION AtrrllORIZl~G AN AMENDMENT TO THE COI.LEC11\"E BARGAINING AGREr\11~, BETWFEN THE ENGLEWOOD EMPtOYEES '\SS(X'IAI ION ANOTIIEC'IT\" Of-l:NGI EWOOD FOR TilE PERIOD OF JANUARY I. 2010 IIIROUGII OECEM BFR JI, 2010, PERTAINING TO ··ARTICLE 21 INS URAN( E. ..
WI IEREAS. the Cny Council of the City of Englewood authorized "TI,c Collccti,c Bargn,nm~
Agrccmcm" with the Englewood Employees Association (EEA) for J:inuary I. 2010 through
Occcn~,cr 31. 2011. by the pass.:ige of Resolution 61. Serics of2009; and
WI IEREAS, the passage of this Resolution will authorize amending "Anicle 21 -Insurance"
provi.ions of the "Collcc11vc Bargaining Agreement" between the Englewooo Employees
Association and the City ofEnglcwood for the period Januaiy 2010 tl,rough December 2010: and
WI IEREAS. Article 1 I -Jn.,11ra11c,•: (A) Medical of this Eng lewood Employees Associntion
(EEA) Coll'-'Ctive Bargaining Ab,recmcnt provides for the employees 10 pay a set percentage of
the premium cost for medical insurance for each level of coverage, i.e. employee. employee plus
ont or fomily coverage; and
l\'I IEREAS, the EEA and the City reco1,'Tli1.e tne projected revenue shortfalls of the City for
th~ fiscal year 2010, and
\VI IEREAS. the Cit) nnd EEA Db'l"Cc to amend the Ab,rccmcnt in connection with the
emrloyc..-s• percentage of the medical insurance premium to provide for a "two plnn" model; and
WI IF.REAS. the prcnuum pcrccntngc designated in the Agrccm<nl \\ Ill cover the b.1s1c
1n..-J1.:.1l plnn (HMO) but ma) not cover the ·1wo plan .. (PPO) medical msur.incc cowrnge. and
\VJ IERF.AS. thts Aml.-ndmc:i. "111 allow employees to use the cum:n: pctee11tage contribution
31td ha,'C medical insurance coverage under the basic medical plan (HMO) or 10 "buy up" 10 the
(PPO) plan by p.1ymg the difTen:nce in the premium COSIS whtch may exceed the cum:nt Cl'ntmct
pcrc,-ntage.
NOW. TI 11.REl'ORC:. BE IT RESOLVED BY mE CITY COUNCIL OF TI IE CITY OF
FNGI :.'.11000, COLORADO. mAT:
~-The C:i1y Council of1 he C'ily of Englewood, Colorado hereby approves 1he amcndmcn1 of-An1clc 21 Insurance"' 10 the Collccuve Bargaining Agreemenl between 1he Englewood Employees Associa11011 and lhc Cily of Englewood for the period of January I. 20 I 0 thMugh December 31. 2010, a copy of which is anachcd hcrc10 as Exhibit A. ADOPTED Ai\fD APPROVED this s• day of0c1obcr, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Cleric
I, Loucrishia A. Ellis, City Clerk for the Ci1y of Englewood, Colorado. hereby cenify 1hr
above is a ll\lC copy of Resolution No._. Series of 2009.
Loucrislw, -'\, Ellis, City Clerk
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The Cil) of Englewood and Englewood Employees Associn1ion enter mlo tlus Memorandum of Understnnding wbercb) the provisions of Anicle 21. Insurance, A. tedical will be amended to read as follows for the period effective January I ::!010 through December 31,2010;
A. MEDICAL
The Ci1y will pay $322.36 of the n,onthly premium cos1 for "e mployee only" covcrngc,
$672.84 of the monthly premium cost for "employee plus one" coverage ond $954.70 of
the monthly premium cost for "family" coverage for employees who participa1e in the
medical insurance plans offe red by the City. Emp loyees enrolled in the "C it y Plan"
(HMO Only) will pay either $3 .82, $25.18 or $62.95 per pay pcrioc.l toward the premium
cost, depending on the level of coverage. Employees enrolled in the "Buy-Up Plan"
(T riple Option) will pay either S2R.2I, $78.84 or $143.44 per pay period toward the
prem iu m cost, depending on th e level of cove rage .
Dated this .JJL day of s,Mf•·•,, /3"', ....
l
, 2009.
CITY OF ENGLEWOOD
By: ____________ _
Jam es K. oodward, Mayor
A
• RESOLlfnON NO. Sl:.R 11:.S 01'2009 A RESOLUTIOr-. RECOMMENDING TO THF CITY MANAUJ;R OF Tl IE CITY OF ENGLEWOOD. COLORADO Tl If ESTABLISHMENT OF A TEM l'ORAR Y SUSPENSION OR MORATORIUM ON TIIE ENFORCEMENT OF SELECT PROVISIONS OF THE ENG!,EWOOD MUNICIPAL CODE 2000, THE SIGN CODE. PERTAINING TO BANNERS
AND PORTABLF SIGNS FOR A PERIOD OF FOUR MONTHS .
WHEREAS. 1he Ci1y has spen1 n grea1 deal ()(money and cffon promoting i1s do,-111own 3rca
as a shopp111g d · ,na1ion and o cultural and artistic venue; and
WHEREAS, ii has been brought 10 Courn:il's nucnlion 1ha1 some businesses in Englewood
feel the Unified Devclopmcni Code does not adequately address the use of banners and portable
signs m relation to the remainder of the Sign Code; and
WHEREAS. 01 a public forum held on September 22. 2009 10 discuss temporary signage. a
recommentfa1ion was made to assign the Alli once for Commerce in Englewood (ACE) with the
task of studying the ,ssue oflemporury banners and portable signs and making recc,mmend4tions
for changes to the Sign Code; and
Wl IEREAS , City Council hns di=ted staff to n:vrcw and ~se. if necessary. provisions of
• the Si1,~1 Code concerning the use and display o( bannas and portable signs; and
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WHEREAS. s1a1Twill need :.ufficicnl lime rn review and coordm3IC rccorMtcndallons rclattng
to 1he provisions in 1hc Code: nnd
WHEREAS. Ci1y Council deems ii necessary to coordinale the review of the Unified
Devclopmcnl Code and find s ii opproprime lo tcmporanly suspend cnforccmcn1 of select
provisions of 1he Sign Code relntmg 10 banners ond portable signs unlil review by the :;,aff and
City Council: and
WHEREAS. the moratori um would lcmporarily slop cnforcemcn! of those sections; and
WI IERl!AS, any review or revision to the Unified Devclopmcm Code will help prmcc1 1hc
public health, safety and welfare by preserving o safe, healthy. an~ sound enviromncnt within 1he
City; and
WHEREAS, the City Council finds thai n four month moratorium or 1cmpomry suspension ol
ll,e enforcement of certain provisions of the llnglcwood Municipal Code 2000 pcnninmg 10
banners and portable signs is nccessnry to 1mplcmcn1 nnd hcgin rc,icw of the Unified
Dcvelopm-,11 Code; and
WI IEREAS, after a review of 1hc elTc.:t of lite moratorium rclnling to banners ond portable
SllffiS on the commumly, the recommendation may be 10 keep the Code as it currently exists so
any person who purelsiscs, erects or 111ain1a1ns a banner during the mora1ori•un period in
oon1r.wcn11on of the cxistiPg Sign Code will do so n11he risk of being subjcc1 to c nfor~cmcnt Al
1hc tcnninnlion of 1hc four momh mora1ori um:
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NO\\'. THEREl'ORE. OF IT RESOLVED UY Tl IE CITY COUNCIi OF THE CITY OF EN<il FWt)OD. COi ORAJJO. Tl IAT ~-The C11y Cooncil of the City of F.nglewood. Colon,d<> rte0mmends the C11y Manager csinbhsh a mom1onum or lempornry suspension on 1h~ l"nforcemcnt of 1hc Englewood Municipal Cooc 2000 pcrtaimng 10 banner and ponnhlc signs from O.:1ober 5. 2009 10 February 1.2010, ~. This mora1orium shall not apply 10 any pan of the Enslewood Sign Code cxcepl for the following sections:
I 6-6-13(D) Permil required
16-6·13(G)(l)(b) Prohibited signs,
Banners
I 6-6-1 J(G)( I )(d) Prohibiled signs,
Ponable signs
16-6-JJ(G)(l)(g) Signs oo fences
No permit shall be required for bannm dunng
the four (4) month moratorium.
These signs, normally prohibited shall be
allowed during the four (4) monlh moratorium
period.
These signs, normally prohibited shall be
allowed during the four (4) m:inth moratorium
period.
Signs on feoces, including banners, shall remain
prohibiled except for bilnnm. on permitted
fences, erected in the public righ1-0f-way,
pursuanl 10 I J-3-4(E) which allows commercial
ooeuponcy oflhe public rig~t-0f-way for street
fumiturc.
~-All banners, even those subject to this moratorium, shall sull be required to comply
with 16-6-JJ(N) Prohibited, Hazardous, and Abandoned Signs as well as 16-6-13(M)
Maintenance.
S~. The Cily Counc il finds the provisions of this Resolution arc temporary in n111ure
and are intended 10 be replaced by subsequent legislative enacllnent s.:, that the morniorium or
tempC'rary suspension as specified in this Resolution should terminate on February I. 20 JO.
ADOPTED AND APPRl'VEO this s• day of October. 2009 .
ATfEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
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I. I ouan,h13 A Elh~. t'II) C'krl for 11\e C'it) of Engkwood. C'olorJdo, hcrdl) tc:fllf) 1hc ab.,vc 1s a true oopy nfRes.,luuon N,1 __ • S,:ncs nf1009. l.ouaish,a A Elhs. C-1ty C'krk