HomeMy WebLinkAbout2006-01-09 (Regular) Meeting Agenda PacketAGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, January 9, 2006
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Par kway
Englewood, CO 80110
1 . Call to order . 'J: t/t,, ~
2. Invocation.~
3. Pledge of Allegiance .~
4. RollCall. d1/7~
5. Consideration of Minutes of Previous Session . m~ ~;;;~:e ;:;;; Council meeting of D ecember 19, 2005~
6. Recog nition of Scheduled Public Comment. (Please limit your presentation to ten minutes .)
a. Cathie Nicholson and Gabri elle Alle;t'l~Ke~ican Cancer Society will be present
to address City Council regarding the 2006 Relay for Life Event scheduled for June 16
and 1 7, 2006 at the Englewood High School.
b . Jill Wilson will be present to address Co un cil regarding the Department of Safety
Services ' Intru sion Alarm Policy.
c. Doug Cohn will be prese nt to discuss the Englewood Municipal Code 15 -9-1 and 15 -0-2,
th e Off-Road V ehicle Ordinances.
7 . Recog nition of Unscheduled Public Comment. (Please limit your presentation to five minutes.
Tim e for un sched ul ed public co mm ent may be limited to 45 minutes and if limited sha ll be
o ntinu ed to G eneral Discussion .)
tl . PJeAAJt-L.,fk/ I.U)d£. -,,.fl..AAJ/ ~tJJJS£-
PIL•,1 se not : If you have a disability and n d auxili ary aids or se rvi ces , please notify th e Ci ty of Eng lewood
(303 -7 62 -2407 ) at least 48 hours in. dva11 of when services are ne ded. Thank yo u .
Englewood City Council Agenda
January 9, 2006
Page 2
8 . Communications, Proclamations, and Appointments .
a. Recently re-elected Englewood Municipal Court Judge Vincent Atencio will be sworn in
by the Honorable Judge Randall J. Davis.
~ Co;;;;nt Agenda Item~~ ~ / .4# i ~~ ..J/;;;,A 94 1. f-~ 1 -,_1 i • ~ ?-0 a. ~inances on Firs~ "'-'r:;---'r.,,._
b.
C.
/k;t,1
i. Council Bill No. 1 -Recommendation by the Utilities Department to adopt a Bill for
an Ordinance approving a City Ditch License Agreement, Grant of Right-of-Way,
Grant of Temporary Construction Easement, and Agreement for Construction within
and Exchange of City Ditch Right-of-Way to realign the City Ditch at 2890 South
Clarkson . STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
Ap~ Ordinances on Second Reading.
Resolutions and Motions.
i.
ii .
Recommendation by the Department of Finance and Administrative Services and
the City Clerk's Office to approve a Resolution designating the bulletin board on
the north side of the second floor of the Englewood Civic Center as the Official
Posting Place for all Legal Notices of the City of Englewood for 2006. STAFF
SOURCE: Frank Gryglewicz, Director of Finance, and loucrishia Ellis, City
Clerk.
Recommendation by the Department of Finance and Administrative Services to
approve a Resolution for a supplemental appropriation and transfer of funds
(Budget Year 2005) from the General Fund to the Donors Fund for Keep
Englewood Beautiful. STAFF SOURCE: Frank Gryglewicz, Director of Finance.
10. Public H ea ring I terns . (No Public Hearing Scheduled .)
~
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading .
P-
b . Approval of Ordinances on Second Re ad ing.
~
Englewood City Council Agenda
January 9, 2006
Page 3
c. Resolutions and Motions.
Recommendation by the Department of Finance and Admini strati v e Se rvices to
approve a Resolution for a supplemental appropriation and transfer of funds in the
amount of $100,000 from the General Fund to the Englewood Mclellan
1
~~e~~i~. _,. i
Foundation . STAFF SOURCE: Frank Gryglewicz, Director of Finance.~~---
12 . General Discussion :
a. Mayor's Choice.
b. Council Members' Choice.
13 . City M anager's Report.
14. City Attorney's Report.
Settl ement of Scott vs . City of Engl ewood. ~
15 . Adjournment.g': 3~ ~
Th ere we re no minutes tran smitted to City Coun cil b etwee n Dec ember 16 , 2 005 and Janu ary 5,
2 006.
PlcJse no t e: If you have a disability and need auxi liary aids or ervices, please notify the Ci ty of Englewood
(303-762-2 407) at leas t 48 hours in ad ance o f when services are needed . Thank yo u .
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UN8CHEDULED PUBLfC COMMENT
DATE: January 9, 2006
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
I. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
December 19, 2005
The regular meetin g of th e E nglewood Ci ty Coun c il wa s call ed to order by Mayor Wolosyn at 7:30 p.m.
2 . Invocation
Mayor Wolosyn sa id I would like to ask for a moment of s il e nce to consider th e joy of th e season a nd th e re newal of th e
new year before us.
3. Pledge of Allegiance
The Pledge of Allegiance was led by M ayor W o losyn .
4 . Roll Call
Prese nt :
Absent :
A quorum was presen t.
Al. o present:
Coun c il M embers Tomasso. Oakley , M cCaslin , W oodward, Wolosyn
Coun c il M e mbers Moore, Barrentine
C it y M a nage r Sears
C it y Attorney Brotzman
Deputy City M a na ger Fla he rt y
C it y C lerk E lli s
Deput y C it y C lerk Bush
Director Gryglewicz, Finance and Administrative Services
Police Commander Sanchez. Safet y Services
Fire Ca pt a in Pattarozzi, Safety Services
5 . Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGUL AR CITY COUNCIL MEETING OF DEC EMBER 5, 2005.
A yes : Coun c il M e mbers M cCa s lin , W o losy n , W oodward , T o ma sso, Oakley
Na ys : N o ne
Ab sent : Counc il Members Barrentine, M oore
M o ti o n c arri ed .
6 . Recognition of' Scheduled Public Comment
(a ) Ma yor W o losy n said membe r s o f th e Ke e p En g le wood Be autiful o mmi ssi o n are here t o present th e
2005 Ho lida y Li g htin g Award s .
Co mmunit y Devel o pme nt Planne r Fruc htl s aid I ha ve the ho nor o f be in g th e sta ff liaiso n for Kee p E nglewood Beautiful.
T o ni g ht we arc he re to recogni ze yo u. th e peo pli! and c iti ze n~ o f th e Cit y o f E ngl e wo od . wh o have taken time to partic ipat e
Ill thi :-. a nnual ho lida y event. Thi s is mo re o f a ccl c hrati o n than a cont es t , he s aid . At this time. I wo uld Ii k e to turn thi s
11\e r to th e C hair o f thi s ye ar 's li ghtin g event . Ma yor P ro Tcm Jim W oodward . He will present eac h and e ve r y o ne o f yo u
an a ward for yo ur hard work . I wo ul d lik e to. ,1ga in . thank yo u a ll fu r part1 c 1p atin g thi ~ yea r .
Englewood City Council
December 19, 2005
Page 2
Mr . Woodw ard th ank ed Mr. Fruchtl. He said we did thin gs a littl e bit diffe re ntl y thi s year. People usuall y writ e in and
submit an application to parti cipate. As we were dri vin g aro und la st week , there were a co upl e of pla ces that we th o ught
really sho uld be acknowledged . We too k th e tim e to talk to th e peo pl e that were th ere a nd ask them if the y would mind if
we did ac kn o wledge them a nd th ey were ag re ea ble to that.
Mr. Woo dw ard prese nted ribb o ns and certifi cate s to all of th e winn ers wh o were prese nt a nd the y we re g i ve n a round o f
applau se.
Ho nora ble Menti o ns:
Hand y Dand y Gin ge rbread Ho use
Beary Merry Christma s
Peace o n Earth
Tra ve ling Dow n Mem o ry Lan e
Super Star
Englewood Tradition s
Glitzy Garland
Roc k 'n Around th e C hri stma s Tree
Best New Entry
Rand y & Deborah Penn
Avery Marie Fruchtl
C hu ck Greer
Cy ndi Kri eger
Ri ck Mora le s
Doug and Deni se Haa s
Mill er Family
Pea rso n Family
4108 So uth Sherman Street
4363 Timber Holl ow Loop
3701 South Hur on Str ee t
2987 South C herokee Su -eet
4255 South Delaware Street
4536 South Sherman Street
4104 South Sherman Street
4747 So uth Acoma Street
Ri chard Kl oe wer Famil y 499 0 South Elati Str eet
Ron Kl oewer 504 1 South E lati Str ee t
Ja ck and Charl ene Miller 5051 South Fox Street
Samantha Da vis 4085 South Jaso n Street
Ma yo r Wo losy n pre se nt ed th e ribb o n and ce rtifi ca te to th e wi nn er o f th e Mayor 's Cho ice Award .
Ma yor 's Cho ice Fi ncham Fa mil y 4900 South In ca Drive
Ma yo r Wo losy n said I wo uld j ust lik e to add my thank s to all th e parti c ipant s.
(b) Do ug Co hn . 305 1 So uth Mari on Street, sa id one of th e iss ues I ran acros s, when I was o ut o n th e
c ampai gn tr ai l, is th at we have a childre n problem here in Englewood . During th e pa st three yea rs we have los t 833
stu de nt s in o ur sc hoo l di stri c t. T hat is a 16% drop in th ree yea rs. A lot o f it has to do wit h o ur CSAP sco re s and parent s
s hoppi ng for th e be st sc hoo ls . and a lo t ha s tu do with th e rep ut ati o ns o f th e s urro undin g sc hoo l di str icts and open
e nrollmL:nt. Thi s yea r we ha ve lus t o ne o f o ur thr ee children oriented bu sin esses, Guy s and Do ll s, and it looks like Playnix
ma y be next o n th e li st. as I see th ey ha ve a goi ng o ut of bu sine ss sa le goi ng o n rig ht now. Our last o ne is Funta stic Fun . I
rL:cognize that the ci ty gove rnm e nt and th e sc hoo l govern me nt are tw o different entiti es wit h tw o differe nt pur pose s. I am
wonckri ng if it is poss ible for th e Ci ty to work toge th er with th e Sc hoo l Disu-ic t to addre s thi s ki nd o f a pro blem , to
~t rc ngth e n o ur C it y. I g ucs~ I am wondering ... sho uld th ere be coo pera tio n? S ho uld thi s eve n be a co ncern fo r yo u? And
th ..:r c are ba s ic q ues ti o ns ... docs a c it y need to ha ve c hildr e n? Are th ere a minimum num ber of stud ent s to ha ve a viabl e
M.:huo l di stri c t'' Demographi call y s pea kin g. E nglewood is attra ctin g c hildl ess fa mili es more th an famili es wi th child ren .
hear th e ma jori ty o f people;: bu yin g home s here in Engl ewood are in th is fir st ca tego ry and th e fami li es with c hildr en are
mov in g o ut 1111 0 th e so uth ern and eas te rn part s. My so n Peter and th e EHS Pirat es foo tb all tea m pla ye d a yea r ago at
C he ro kct: Trail Hi gh Sd1oo l in Aurora. C he rokee Trail is a 3-A schoo l, o nl y beca use j ust th e fre shm e n a nd so ph o mo re s are
111 th e sc hoo l rig ht now . It wil l be a 6-A sc hool when th e sc hoo l is fu ll o f peop le. By th e tim e th e sc hoo l is full. C he ro kee
Trail I l1 gh Sc hoo l wi ll have mor e stud ent s th a n our wh o le sc hoo l di stri ct. I guess I have so me qu es ti ons for yo ur
l·,,11~1d erat1lln . Is th is a probh::111'! Ci ti es with o ut sc hoo l dis trict~ wi ll have lower ta xes a nd th e people who li ve th ere wi ll
h:11 c more d1 ~netinnary income . T hat is not j ust a th row -away ques ti o n ... II is a rea l que sti o n. Maybe we sho uld mer ge
uur ~r huo l d1 stnct with Littleton , while we still ha ve a viable schoo l district. The tw o types o f families ha ve differe nt need~
and dc~1re~. A quc~11un that need~ to be asked is ... 1s it pos~ihlc for u~ to ~crve both group~'? There are more th an two
,
Englewood City Council
December 19, 2005
Page 3
gro up s ... but these two groups . What ca n the city gove rnm e nt do , working with th e sc hoo ls si nce th ey are ... not
co mpetin g ... but different governmenta l stru cture s? How can th e City and the School District work toge th er ? You guys
make hundreds of de cis io ns every yea r. Decisions on thin gs lik e rul es about allowing ho uses to be bi gge r ... popping tops
and scra ping off and those kind s of thin gs . That would be, I would supp ose. th e kind of de cis io n that yo u all would make
th at could poss ibly have an impact o n families . I guess I would ur ge you. as staff and as Co uncil , to have , as an e lem e nt in
yo ur dec ision -making delib erati o ns ... how will thi s affec t o ur family friendliness? How ca n we enco ura ge more fa mili es to
move here ? What ca n we do to mak e Englewood a more attractive place to raise a fa mily ? What ca n we do to keep o ur
ow n kids here ? In January, when yo u all and the Ci ty Co un ci l mee t wi th th e School Board to talk a bout thin gs in
co mm o n .. .I ho pe that yo u and the School Board can work toget her a nd brainstorm to co me up with so me ideas o n having a
family with children friendly, kind of place . Thank yo u. Merry Chri stm as to yo u all.
Mayor Wo losy n thanked Mr. Cohn .
7 . Recognition of Unscheduled Public Comment
There were no un sc heduled visitors.
8. Communications, Proclamations and Appointments
(a) A lett er from Ted Yasilas, Vice Chair of Alliance for o mmerce in Englewood . requ es tin g the position
he ld by Ha l Cook, an Alliance for Co mm erce in Englewood memb er, be declared vaca nt , was co nsidered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO DECLARE VA CANT, THE
POSITION HELD BY HAL COOK, ON THE ALLIANCE FOR COMMERCE IN ENGLEWOOD.
Ayes : Council Members McCaslin , Wolosyn , Woodward. Tomasso, Oakley
Na ys: No ne
Absent : Co un ci l Mei .. r~ 1r rentin e, Moore
Moti o n ca rried .
(b) A reso luti o n appointing Brian Verbeck as a regular Me mb er of Alliance for Co mmerce in E nglewood
was co nsi dered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b)
-RESOLUTION NO. 90, SERIES OF 2005.
RESOLUTION NO . 90, SE RI ES OF 2005
A RESOLUTION CONF IRMING BRIAN VERBECK'S APPO INTM ENT TO THE ALLIANCE FOR CO MMER CE IN
ENGLEWOOD .
Vo te Result s:
Moti o n carri ed .
Ayes:
ays :
Ab sent :
9. Co nsent Agenda
Co un c il Me mber s McC a slin , Wol osy n, Woodward , To ma sso, Oakle y
None
Coun c il Member s Barrentine . Moore
(a ) Approval o f Ordina nces on First Reading
There were no it e ms submitted fo r approval in fir st readin g.
(b) A1 pro val o f rdinan ·e~ o n eco nd Re adin g
Tlwn! wae no 11 e m~ submitt e d for :1pp ro al o n ~eco nd read ing.
Englewood City Council
December 19, 2005
Page4
(c) Resolutions and Motions
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEM 9 (c) (i).
(i) The renewal of the office supply contract with Office Depot for 2006.
Vote results:
Ayes :
Nays:
Absent:
Motion carried.
IO . Public Hearing Items
Council Members McCas lin , Wolosyn , Woodward , Tomasso, Oakley
None
Council Members Barrentine, Moore
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances o n First Reading
There were no items submitted for approval on first reading.
(b) Approval of Ordinances on Second Reading
There were no items submitted for approval on second reading .
(c) Reso lution s and Moti o ns
There were no additional resolutions o r motion s submitted for approval. (See Agenda Item 9 -Consent Agenda.)
I 2. General Discussion
(a) Mayor's Choice
(i) A Resoluti o n for 2006 Aid to Other Agencies was cons idered .
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
91, SERIES OF 2005.
RESOLUTION NO . 91, SERLES OF 2005
A RESOLUTIO SPECIFY IN G AID TO OTHER AGENCIES FOR 2006 BY THE CITY OF ENGLEWOOD,
COLORADO .
Vote Results:
Mo ti o n carried .
Ayes:
N ays:
Absent :
Co un c il Members McCaslin, Wolosyn, Woodward, Tomasso, Oakley
None
Council Members Barrentine, Moore
(ii ) Ma yo r W o losy n sa id I would like to say that , in addition to mt!eting with th e School Distri c t ,
l\lr . Cohn, we d o ha ve a School/ it y Commiuee, which I am s ure will be more active in the coming years, because there is
nc, che mi s tr y and people interested in movi ng it forward . Plu s. Englewood ha s five sc hoo l di s tricts, and it d oesn 't mailer
where yo u live , part of yo ur property tax does go for education . , that equation isn't right. But, that said, we d o have
wonderful children in Eng lewood . I s pend a lo t of 11111e working in th e sc hoo ls and I think all of us ... the School Di strict.
Englewood City Council
December 19, 2005
Page 5
th e p eo ple who work in thi s building a nd serve o n thi s Coun c il ... really work to m ake s ure there is a good life for th ose
c hildren .
(iii ) Mayor Wolosyn sa id Happy H o lidays a nd H a ppy New Year to everyo ne.
(iv ) Ma yor Wolosyn said we won't meet aga in , until th e second week of January.
(b) Coun c il Members' C ho ice
(i) Coun ci l M ember McCaslin wished everyone a M e rry C hri s tm as a nd a safe a nd prosperous New
Year.
(ii ) Counci l Member O akley w is hed ever yo ne a Me rr y C hri st m as and a Happy New Year.
(iii ) Council Member T o ma sso wished everyo ne a Ha ppy New Y ear and a s afe ho liday seaso n.
(iv ) Council Member W oodward:
I . He said I would just lik e to second what Ol ga me nti o ned about th e School B oard. In hav in g talked quite a bit with
th e new School B oard m e mbe rs and at least o ne of th e ex is tin g m e mb e r s ... we have ta lk e d quite a bit about partnering a nd
what can be d o ne . I think there are a lo t of d e mographi c types of thin gs going o n in Englewood , t hat limit the number of
yo un g fa milies that we ha ve movi ng int o o ur area. There were a coupl e of th e it e m s tha t I fo und o ut about , when I was o n
th e camp a ig n trail. I was thinkin g th a t I was a n o ld tim e r in thi s town a t 28 years a nd then I m e t people who have been he re
35, 40 a nd 45 years ... up to ei th er 55 or 60 years. A lo t of th ose people are s tay in g here. It leaves us with a lo t of o ur
s m a ll e r h o uses ... o ur 800 to 1000 square foo t ho uses ... t wo bedroom ho mes. When p eople move into th ose ho mes and kid s
are born and then a second c hild is born, us uall y those p eople need to move o n and o ne thing a bo ut E ngl ewood , yo u keep
he arin g that "oh. yes, E ng lewood is affordable", but when yo u s tart lookin g at ho uses bi gger than 800 to 1000 square fee t
and yo u s ta rt look in g a t E n glewood a nd what it costs, per squa re foo t , to li ve he re, it is n 't o affo rda bl e and somet im es it is
c heaper to m ove into o th er ci ti es, o th e r muni ci pa liti es, o th e r s uburbs . I look fo rwa rd to ser v in g o n the School/City
Committ ee and to o ur meetin g in January with the School B oard , so we ca n s ta rt addressing so m e of th ese items.
2 . He said I wanted to m e nti o n that I had th e pl easure of working with Mike Flaherty and o th e r Lions. o n Saturda y.
distributing foo d baskets a nd gifts th ro ug h Inte r-Faith Communit y Ser vices. This is another really g reat p rogram, during
thi s time of yea r .
3. H e sa id I want to wis h everybody, as ma y be a ppropriate, a M e 1Ty C hri stmas, a H appy Hanukka h , a H a pp y
Kwanzaa , a nd a Happy New Year, if th a t works. And , if you are C hine se. a Happy New Y ear for January 29 'h.
13. Cit31 Manager's Report
(a) City Manager Sears sa id l want to say thank s to th e Counci l members for comin g by o n Friday. On th e
tour , th e employees said th ey appreciate th e ac tive role you are taking, in talkin g with them and m eetin g with them .
(b ) Ci t y Manager Sears said I think we had abou t 350 employees th at dropped by o ur office on Friday and I
think th ere is a lo t of goodwi ll .
(c) C it y Manager Sears sa id we wi ll be sending yo u a report , as o ur F ire Department saved a li fe yesterday .
We:. ha ve o ut s tanding employees. who work hard for th e ity . I wa nt to say th a nk s for worki ng wi th th em and th e s upport
o f l)Uncil.
(d) it y '1anagc:.r l:ars ~aid I wa nt to wi~h yo u a ll a Happy H o lida y.
(C:.) ity Manager Scar~ said I am going to be gone for th e next severa l rlay~ and Mike will be. capably. in
1.ha1 gc:. ,if runn111g th e:. it y. in ca~e Co un c il ha s any question~.
14 . ii~· A tl onwy' Kcporl
Englewood City Council
December 19, 2005
Page6
(a) City Attorney Brotzman wished everyone a Happy Holiday .
15. Adjournment
Mayor Wolosyn wished everyone Happy Holidays .
OSYN MOVED TO ADJOURN . The meetin g adjourned at 7:55 p .m.
·tf~
• I
My name is Jill Wilson; I live at 3061 South Grant Street.
I am here to address my concerns about the policy changes, for
responding to Security System Alarms.
I want to know if the following have been reviewed.
1. The demographics of Englewood specifically, single and
the elderly
2. The increased risk, now that everyone will be aware of the
two tier verification response
3. The feeling of been violated when your home has been
broken into.
4. Insurance rates, how they will be effected
5. Home sales. The effect of sales when the public knows
police won't respond to alarms. Especially at the Kent
Place project.
My home did not cost 500,000 to 1.5 million and I want to
be safe. How will new homeowners feel when they won't
have the protection that they can get across streets in
Denver and Cherry Hills?
The police staff I spoke with said it was not a money issue.
honestly find that hard to believe.
National Burglar Alarm and Security Association told me that
other areas, such as Denver and Colorado Springs have
implemented a permit fee. Denver's is $25 per year. That
generates one millions dollars a year, for Denver. Other areas
have false alarm fees.
I understand that some municipalities don't have the
administrative help needed to process payments.
I have a solution. I manage federal grant funds for the University
of Colorado Health Sciences Center. I would be happy to donate
time for this project. Whether it be, receiving funds or filing so
someone else could receive the funds.
I understand there are 1600 calls per year, 98% are false alarms.
What if the one call, no one responded to, was fatal? I I 1:, I J.. oofo
~~~
~¥ .... ;~
---=a~----------------------------~----
••
I think that would rip a community apart.
It would be helpful for me know what process is used to produce
these statistics.
If this policy moves forward, that same process must be used,
so to compare apples to apples. Therefore,
not to skew the results.
I would like to thank city council for letting me speak.
Wilson, Jill E
From:
Sent:
To:
Subject:
Kath leen Schraufnagel [KSchrauf@br inks .com]
Monday , January 09 , 2006 3:35 PM
Wilson , Jill E
Information for the council meeting
RELEASE SIAC GA & TN Chiefs CO -Englewood Definition of a few
key terms .... 02005 SSI FACT B .. Adopt ECV 905 .d ... CBFAA Counc il M ...
Dear Ms . Wilson ,
Thank you for taking he time to speak with me today . I hope the ttached information
will be helpful . Our local Te hn ical Branch Manager , Peter Main es , is going to do his
bes to res c hedule some arly eve ning meetings and attend the Englewood council mee in
inste d . Additionally , other industry leadership is working now o do the same .
A ditional history -In spea kin with the President and Execu ive Director of h Colorado
Burgl rand Fire Alarm Associa io n (CBFAA) they advised the
following :
20 05 -To the best of heir kn o wledge , the CBFAA is unaware of any security company or
their representative form lly meeting wi th anyone from the 'Englewood poli ce dep rtment in
2005 , oncerning al rm respo n se issues .
Ju n e
Dir
ha
h d
2005 -The CBFAA le dership began periodic attempts to meet with the Safe y ervices
o r or o ther law n o rcem nt comma nd staff in Engl ewood . Ea h time they were a vise
larm response w snot hi hon the agenda a nd that the Englewood Police Dear men
fals alarm pro bl ms .
D mb r 1 3 , 2005 -m Wason of the Englewood Police Depar ment conta BFl\A
Gov rnme nt Rela tion s or , Da niel Stocking nd advised that effect 1 -1 -06
Engl e 1v o od D was ado ·in verif i ed response policy s imilar to W stminster . However ,
he c tual do ument w s incompl e e , Sgt . Watson had nothing in wr iting to give to th
~ curi y industry bu h e olicy would definitely be in effect 1-1 -06 .
o attemp to get
in one . Because
pening , alarm o mpanies agreed to
larm r es o nse poli c y as the
copy of a written document but as of
industry leadership want ed citizens to
notify their cus tomers and outline the
o n e being implemented in Englewood .
tod y w
know wha
De c mber 19 , 2005 -Englewood Co mmander John Collins spoke at length with BFAA member
J o rd n J kson , concerning verified response and alternatives tha would have a
s
·i nifi c an ffec du ing fal se dispatches without stopping response o he itizens .
O h ~r info rm ion :
Th .re, r n s ima
T h r r e n e stima
T h VP c h e h
1 . <.>11ic k
' R,• '11
3 . I' It , d
h e LTl FAA
0\1
·oJ l ll w
OJ ym pi. ,
o mee with in ustry members before 1-1 -0 o iscuss hem
em by h industry leadership to set this meeti ng has filed .
2 , 800 l rm systems installed in Englewood .
4 ,000 al rm syst ms installed in Olympi a , WA.
f o ll o win.
uc ess of Enh n eed C 11 Verifi
po li c chiefs of Georgia nd
(ECV)
y Council ( ressed separa ely
No e 0 1 in eres : Mr. J c kson w
h ives he in su
70 , irs
in
4.
ir l
0 .
h
whi ch
er
d r
h e ir o rdinan c e and is ac hi e ving full cost recovery . Their alarm responses have dropped
fr o m a n av erage of 250 p e r month to about 75 per mon th .
Than k y o u fo r all y o u a r e d o in g . At this point , the outcome is b e tween the citizens and
the c ity co un c il .
Kathl e en S c hraufnag e l
Industry and Governmen t Re lati o ns
Brink 's Hom e Sec uri ty
Phone# 972 -8 71 -3807
Fax# 972 -871 -3338
kschrauf@brinks .com
(See ttached file : Defi nition o f a few key terms .doc) (See attached
file : RELEA S E SIAC 1 02005 SSI FACT BOOK CHARTS -Boulder CO .doc) (See attached fil e : GA &
TN Chiefs Ad o pt ECV 905 .d o c) (Se e attached file : CO -Englewood CBFAA Council Members Ltr
1 2 -2 1 -05 .do c )
2
December 21 , 2005
City Council Person Name
Address
City, State Zip
C! e
Re: Reducing Police Department Responses to False Alarms in Englewood
Dear -----
The Colorado Burglar and Fire Alarm Association recently learned that the Englewood Police
Department is considering changing it alarm response policy beginning January I , 2006. Since
there is not yet a written document detailing what the new policy will be , we want to make sure
that you are aware of the different alarm management models that are being used in many
municipalities to significantly reduce the number of false alarms to which police officers
respond. Indications from the Englewood Police Department are that they plan to adopt the
Verified Response model that does NOT serve the best interests of your citizens or your city
budget.
Attach ed is a brief description of the three most common alarm management models that are
being used in cities around the metropolitan area and the country. We have listed the pros and
cons of each model so you can see how each program might affect your city . We strongly
e ncourage you to adopt the Revenue Recovery Model that will promote a safe and secure
Englewood while helping to fund the budgetary requirements of your Police Department.
All of these alarm management procedures can be el:lsily implemented with LITTLE OR NO
ADDITIONAL COSTS TO YOUR CITY! HOWEVER, THE REVENUE RECOVERY
MODEL ACTUALLY GENERATES REVENUE FOR YOUR CITY! We would like to
s chedule an appointment to meet with you to present the benefits and revenue enhancements that
thes e successful alarm management procedures can bring to your city .
Please call Dan Stocking today at 303-589-7245 to schedule an appointment to learn more about
thi s e ffecti ve meth od of minimizing false alarms and maximizing community policing services.
S inc e re ly,
Larry Halpern
La rr y Halpern , Pre s id e nt
C olorado Burglar and Fire Alarm Association
Enc lo s ur e: Fal se J\larm Re duction Models
FALSE ALARM REDUCTION MODELS
I. Verified Response (i.e. Arvada, CO)
Description: Police do not respond to alarm calls unless a private citizen has first responded to
investigate the cause of the alarm and determined that a crime has occurred or expensive
electronic verification is used to verify that a crime is occurring. Policy typically exempts
government-related facilities and businesses that inventory money, drugs , or guns .
Pros: Significantly reduces the number of alarm calls to which police officers respond
(approximately 70% -80%). Easy to implement via Police Department Policy Directive.
Cons : Reduces the citizens' perceived level of service/value that police provide. Discriminates
against certain types of residences and businesses. Significantly reduces the crime deterrent value
of electronic systems that citizens and businesses use to help protect their lives and assets by
removing the criminals' perceived threat of police response. Does not reimburse city for the time
police officers spend responding to alarm calls.
2. Response with Enhanced Call Verification (i.e. Boulder, CO)
Description : Police do not respond to alarm calls unless at least two separate attempts have been
made to reach the alarm owner or a designated representative by phone to verify the validity of
the alarm . This allows alann owners to screen out their own false alarms . Police will not res pond
to habitual false alarm offenders unless steps are taken to correct the cause of the alarms.
Pros: Significantly reduces the number of alarm calls to which police officers respond
(approximately 50% -65 %). Preserves citizens' perception of police service/value. Maintains
crime detenent value of electronic detection systems for citizens. Easy to implement via Police
Department Policy Directive.·
Cons: Does not reimburse city for the time police officers spend responding to alarm calls.
3. Revenue Recovery Model (i.e. Olympia, WA)
Description: Req uire s alarlll owners to pay an annual registration fee to qualify for Police
Respo n se a nd to pa y for Police Res pon se to an alarm. Police s hould not respond to alarm calls
unle ss at least two separate attempts have been made to reach the alarm owner or a designated
represe ntati ve by phone to verify the validity of the alarm .. All registration fees and respon se
fees ma y be bill ed and collected through a third-party administrator to avoid any administrative
burden to the city .
Pros: S ig ni ti ca ntl y reduces the number of alarm calls to which police officers respond
(approximately 65 % -80%). Pre serve s citizens ' perception of police service/value. Maintain s
crime detenent value of e lectronic detection syste ms for citizens. Generates revenue for your ci ty
to reinvest into yo ur Poli ce Department.
Cons : May require C it y Co uncil action to establish regi stration and re s ponse fees.
Georgia and Tennessee Police Chiefs Adopt Enhanced Call
Verification
,,, 1 t, d I JJI '1'1/ ,II/ ()CJ',
I I t.
"I don't know a better w a y to free up officers to deal with Homeland Sec urity issues,"
aid Lee Ree se , pa t preside nt of the Tennessee Ass ociation of Chiefs of Police.
Reese i r e f e rring to e nh anced call v e rification (ECV), which, with the he lp of the
ec urity lndu try Al a rm Coa lition (SIAC) ha s been adopted by leaders of the Georgia
and Tennessee Ass ociation s of Chiefs of Police as part of a cooperative publ ic safety
initiative to r ed u ce a larm dispatches.
Co mpani es in tates s uch as Colorado and California have already committed to
implementing EC V, and more states will follow, said Stan Martin, executive director
of SIAC. Martin sa id des pite the fact that SIAC re search ha s shown that dispatch
rate s over the pa st se ven years have decreased 64 percent, to le ss than one law
e nforce ment di s patc h per system per year, fal se alarm rates need to drop even
further to free law e nforce ment employees for more important issues. The SIAC
figure i s ba se d on r e ports from alarm companies represe nting approximately 20
percent of sy tern monitored nationally.
"Thi partn ers hip results in solutions that enhance service," said Lou Dekmar, past
pre ident of th e Ge orgia Ass ociation of Chiefs of Police. With help from SIAC and
collaborating a l a rm companies, the two states have found ECV to be an efficient way
to m a ximi ze poli ce r es ources , Ree se said.
V i a n a l arm manageme nt protocol developed by the International Ass ociation of
hi e f of Poli c , National S herrifs Association and the National Burglar and Fire Alarm
A ociation. The protocol r equires monitoring centers to make two calls to a
u tamer to d ete rmine wh ethe r an invalid alarm ha s occurred -in an effort to
reduce di s patc h e to poli ce .
Cri licom Inte rn atio n a l i s on e monitoring bu si ness that is encouraging its dealer base
to adopt EC V for it c u stomers , although the company is not making it mandatory for
d a le r s to adopt it at th is time, sa id Robert Few, vice presi dent of operation s at
Crilico m . Th e ompa ny h as already implemented ECV in se veral locati ons across the
ou ntry and I ontinui ng to implement the protocol in other areas.
F "W aid Critl co m ha upplied its d ea l e r s with inserts to provide to cu stomers that
w ou ld inform th m about EC V a nd what to e xpect. "This new protocol ha s been
r' ive d v ery w e ll ," Fe w ai d . "To help manage alarms more effectively and dri ve
down the numb r of inadvertent alarms, it Is c ritical we do our part," he sai d.
Definition of a few key terms:
Enhanced Call Verification -(ECV) is a monitoring procedure requiring that a minimum
of two calls be made prior to making an Alarm Dispatch Request. The two calls must be
made to different phone numbers -the first to the protected premise ; the second call to
the cell phone of the property owner/manager or another number where a responsible
party can typicall y be reached .
Verified Response -mean s that law enforcement will not respond to a burglar alarm
without eyewitness verification of a crime in progress.
Broadcast and File -means that a police officer will only be assigned to respond to a
burglar alarm if there is eyewitness ve rification of a crime in progress . Otherwise, the
alarm is broadcast to all police units and no car will be obligated to respond.
Full Cost Recovery -means that the alarm permit fees cover the cost of administering the
alarm ordinance and the response fee charged for each alarm response by a police officer
that is deemed false , covers response by the police officer.
BO ULDER, CO.
DISPATCH RATES
T he fo ll owin g c hart com pares th e total calls for service from alarm sy stems for th e
pe rio d Janu ary -August 2003 and January -August 2005 . T he redu ction of 52 percent
is att ribut ed to the im pl e me ntat io n of Enhanced Call Verification as a po licy of the
Boulder, CO Police Department .
ED I CIRCAU...S RRSIHIICE
3000
/
2 !i)()
/ ,
/
2 0 00
CAU.SFOR
SERVICE 'Bl()
1)00
!i)()
0
2
2003 2005
T he fo ll owi ng chart co m pares th e alarm calls actually handled by patrol officers for
the period January -A ugust 200 3 and Jan ua ry -August 2005 . The reductio n of 62
pe rce nt is attr ib uted to the impl e mentation of Enhanced Call Verification as a po licy of
the Boulder, CO Police Department.
ED I CIRALARIII DSPAlCHS
1100
'600
1400
1200
POUC E
DI SPATC H 1>00
600
6 00
400
200
0
2
2003 200I
NATIONAL STATISTICS
The following charts show an overall drop in the nationwide police dispatch rate (alarm
dispatches per system per user), despite an increase in installed alarm systems between
1998 and 2004. The dispatch rate showed a 64 percent reduction while the number of
installed alarms increased by 89 percent.
Dispatch Rate Reduction, 1998-2004
2 .5
2
Dispatch 1.5
per system 1
0 .5
0
1
1998
2
2004
Installed Alarm System Increase
35
30
U.S. 25
Installed 20 Alarm 15 Systems 10 (millions) 5
0
1 2
1998 2004
FROM THE WASHINGTON BURGLAR AND
F IRE ALARM ASSOCIATION
Po lic e Ca lled to Fewer False Alarms s ince Fee Started
By Katherine Tam, The Olympian
OLYMPIA -Police are chasing far fewer false alarms after officials started charging homeowners and
merchants a fee for every false call.
Officers used to respond to 250 security calls a month that turned out to be false alarms . That number
has plummeted to an average of 72 a month since a new law took effect in June .
"We did expect them to go down, but we were surprised they fell so far -and so quickly," said Laura
Wohl, an analyst who tracks the calls for the police.
Olympia started talking about levying fees for false alarms after officers found themselves responding to
too many. Since 1999, they answered nearly 3,000 alarm calls a year, of which 99 percent did not involve
a crime, Wohl said.
The workload is equivalent to two full-time officers a year.
Usually, false alarms happen at home when people accidentally hit the button on their key chain fob, or a
pet roaming the house triggers the system.
At businesses, it's often because new e,nployees aren't familiar with the security system.
"It usually boiled down to user error," Wohl said.
In 2004, officials crafted a new ordinance to reign in those numbers and require people with security
alarms to pay to have the police respond, rather than have taxpayers foot the bill. Officials provided a
grace period to educate users before the ordinance took effect this summer.
The new law requires people with security alarms to pay a fee to register if they want police to respond
when their alarms go off. Those who don't register must have a private security company, neighbor or
someone else verify that a crime is happening before the police will come.
Residents and merchants pay $60 for every false security alarm and $200 for every "panic" alarm for
robberies, which get a faster police response because they're considered more serious. Alarm
registrations are suspended after three false alarms in one year, meaning the owner would need
someone to confirm that a crime is happening when the alarm goes off before an officer will respond.
"I think we've seen such a rapid decline because we charge for the first (false) alarm instead of people
getting a freebie," Wohl said.
In Lacey and Tumwater, a $50 fine is levied on the third false alarm in 90 days. The fine is $75 on the
fourth and $150 thereafter in that same period.
Lacey responds to between 800 and 1,000 alarms per year, the bulk of which turn out to be false, said
Chief Dusty Pierpoint. In Tumwater, officers have answered 583 so far this year, and Cmdr. John Stines
esti mated that 99 percent were false. Officials in both Lacey and Tumwater said they try to notify
homeowners and merchants who repeatedly have false alarms.
Olympia officials have asked alarm companies to do a better job of training their customers to reduce the
risk of false calls. The companies also try to call the home or business to make sure the alarm wasn't
accidentally triggered before alerting the police.
Olympia will review how effective the new ordinance has been in January 2007, Wohl said.
--
·-Kulhe rine Tam covers 1h e c ily of Oly mpia for The Olympian. She can be reached al 360-704-68 69 or
k1am @ 1he o~ympian.co111.
. . ' ). ...
MUNICIPAL CODE
City of
ENGLEWOOD,COLORADO
Codified through
Ord. No. 04-66, enacted Dec. 20, 2004.
TITLE 5 BUSINESS AND LICENSE REGULATIONS
Chapter 11 POLICE AND FIRE ALARM SYSTEM REQUIREMENTS
5-11-1: Alarm Requirements.
A. Limitation : No emergency device which transmits a prerecorded message or other
signal directly to the Police-Fire Communications Center shall be connected to or be
permitted to use a public primary trunk line of the City .
B. Rules and Regulations : The City Manager may promulgate reasonable rules and
regulations that may be necessary for the purposes of assuring the quality, efficiency
and effectiveness of emergency alarm devices , hold-up alarms, dial alarms and alarm
installation owned , operated, maintained , or installed . Copies of said rules and
regulations shall be on file in the office of the City Clerk.
C . Alarms in Vehicles : None of the provisions of this Chapter shall apply to an alarm
device installed in a motor vehicle or trailer so long as it does not provide direct
telephone access to the Department of Safety Services .
(Code 1985 , § 5-11-1)
TITLE 7 PUBLIC SAFETY
Chapter 6 OFFENSES CODE
Article B. Offenses Against Public Peace and Safety
7-68-10: False Reports and Alarms.
7-68-11: Police and Fire Alarm System Reports.
A. It shall be unlawful for a person to knowingly cause a false alarm for fire , police , or
other emergency to be transmitted to or within any organization , official or volunteer.
B . It shall be unlawful for a person to knowingly cause a false alarm for fire , police , or
other emergency to be transmitted to a public safety agency .
C . False alarm shall mean any alarm signal originating from an alarm device , dial
alarm , audible alarm device or central alarm station to which a public safety agency
responds and which results from :
•
1. False activation where the activator knows or should reasonably know that
such alarm is false, including reporting a robbery where no actual or attempted
robbery has occurred or reporting a burglary where there is no evidence to
substantiate an attempted or forced entry to the premises or reporting a fire or
medical emergency where there is no evidence to substantiate such an
emergency;
2. Alarm triggered by negligence ;
3. Failure to correct a malfunction in an alarm system which has previously
resulted in a false alarm, including overly sensitive settings.
D . When an alarm gives notice to a public safety agency, it is presumed that the
owner/lessee of the alarm system activated the alarm .
E. Any person who shall plead guilty to a violation contained within this Article shall be
fined in accordance with the following schedule:
1. Upon the conviction or plea of guilty , the Municipal Court Judge shall assess
a fine of twenty-five dollars ($25.00).
2. All summons and complaints issued for violation of 7-68-11 Englewood
Municipal Code 2000, shall provide for a plea of guilty to be entered and payment
of fine by mail without court appearance . If more than one violation has occurred
in a calendar year, the summons and complaint may provide that a court
appearance be required .
3. No jail sentence shall be imposed for any violat ion of a provision of 7-68-11 .
(Code 1985, § 7-68-11)
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 9, 2006 9 a i License Agreements for Construction o n
City Ditch at 2890 South Clarkson
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Direc t o r of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On Novembe r 17, 2003 Council approved a Li ce nse Agreement and Tempo rary Construction
ag re ement for Mr. and Mrs. Lei gh Bray at 2890 South Clarkson. The project was the initial phase of
remodeling their home and re vis ing the portion of th e residence th at encroac h es wi thin the City
Ditc h ea sem ent.
RECOMMENDED ACTION
At their D ecember 13, 2005 meeting, the Englewood Water and Sewer Board recommended
Counc il app ro val of a Bill for an Ordinance approv in g four vario us agreements w ith Mr. and Mrs .
Leigh Bray for the seco nd phase of their remodelin g project. Th e proj ec t wi ll include cons tru ct ion
of a re t ainin g wa l l/fe nce, Grant of Right-of-Way, Grant of Tempo rary Construction Easement and
City Ditch License ag reement. These new ag reements w ill relocate th e City Ditc h away from Eas t
Bat es A ve nue w h ere the ditch is erodi ng the ditch bank.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Mr. and Mrs. Bra y submitted Li ce nse agreements and Grant of Right-of-Way t o relo c ate and
co nstru ct the r etaining wall/fe nce i n an area where ditch e rosion h as caused th e ditch bank to
enc roac h into East Bates Avenue . These agr eements w ill all ow the ditch to be rel ocated and a
retainin g wa ll t o b e co nstru c ted th at w ill preve nt futur e erosion from occu rrin g.
En gl ewood w ill m aintain a Ri ght-o f-W ay and th e ri ght t o in stall , re p airs, re m ove s o r rel oca t es th e
C it y D it c h at any tim e n ecessa ry. Th e C o nst r uc ti o n ag ree m ent w ill all ow th e Br ay's t o co nstru c t a
re tain i ng wa ll and f ence in an area th at wa s prev i o usly th e C ity Ditc h so uth ern b o und ary.
Th e Li ce n see expressly asi . n es f ull and stri c t li ability fo r any and all d am ages o f eve ry natur e to
p e rso n o r pr o p ert y ca use d b y th e p o int o r p o ints w h ere th e Li ce ns ee p erforms an y wo rk in
o nn ec ti o n w ith th ese ag ree m ents . Th e City rese rves th e ri ght to make full u se o f th e prop erty
nece ssa ry in th e o p e rati o n o f th e ci ty Ditc h, includin g th e co nveyance o f stormwa t er run o ff.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance
(
ORDINANCE NO.
SERIES OF 2006
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. l
INTRODUCED BY COUNCIL
MEMBER -------
AN ORDINANCE APPROVING A CITY DITCH LICENSE AGREEMENT, GRANT
OF RIGHT-OF-WAY, GRANT OF TEMPORARY CONSTRUCTION EASEMENT
AND AGREEMENT FOR CONSTRUCTION WITHIN AND EXCHANGE OF CITY
DITCH RIGHT-OF-WAY TO REALIGN THE CITY DITCH BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, AND OWNERS BRAY AND ROTBERG.
WHEREAS, the Brays are owners with Rotbergs of real property at 2890 S .
Clarkson, Englewood, Colorado; and
WHEREAS, the Brays are remodeling their property located at 2890 S .
Clarkson and requested a temporary construction agreement to install a retaining wall
and fence within the City Ditch right-of-way ; and
WHEREAS, at the conclusion of construction of the fence and retaining
wall, the owners agree to a relocation of the City Ditch right-of-way in the
construction area and a clarification of the City Ditch right-of-way across the entire
property at 2890 S . Clarkson; and
WHEREAS, the City reserves the right to make full use of the property
necessary in the operation of the City Ditch; and
WHEREAS, the City retains all rights to operate, maintain, install, repair,
remove or relocate any of its facilities located within the City's Right-of-Way ; and
WHEREAS, the Englewood Water and Sewer Board recommended Council
approval by Ordinance of the License Agreement, Temporary Construction
Agreement, and Exchange of Right-of-way across owners property at 2890 S .
Clarkson at their December 13 , 2005 meeting; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT:
Section I . The City Council for the City of Englewood, Colorado, hereby
approves the License Agreement, Temporary Construction Easement and an
agreement to exchange right-of-way between the City of Englewood and Diana and
Leigh Bray and Eugene and Iris Rotberg for realigning City Ditch with a retaining wall
on one side and exchange of rights-of-way b etween the owners and the City of
Englewood, as shown in Attachments I through 4.
Section 2. The Chairman of the Englewood Water and Sewer Board and Director
of Utilities are hereby authorized to sign said License Agreement and Temporary
Co n struction Agreement and the Mayor is authorized to sign the exchange of right-
o f-w ay agreements on sa id property .
-1-
.
C/al
Section 3 . Pursuant to Article V, Section 40, of the Englewood Home Rule
Charter, the City Council has determined that this Ordinance shall be published
without exhibits because of its size . A copy of those exhibits are available in the
Office of the Englewood City Clerk.
Introduced, read in full, and passed on first reading on the 9th day of January 2006 .
Published as a Bill for an Ordinance on the ___ day of January, 2006.
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 9th day of January 2006 .
Loucrishia A. Ellis
-2-
,
I
CITY DITCH LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
------' 200_, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to as "City", and DIANA AND LEIGH
BRAY, whose address is 2890 South Clarkson, Englewood, Colorado 80113; and EUGENE
and IRIS ROTBERG, whose address is herein
referred to as "Licensee".
WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby
authofizes Licensee, its successor, assigns, to install and maintain a concrete retaining wall
with footer and fence over the City's Right-of-Way for the City Ditch, described as a parcel
of land situated in the NW 1/4 of Section 35, Township 4, South Range 68, West of the 61h
P.M., County of Arapahoe, State of Colorado described as follows:
WHEREAS, the City Ditch crosses the property with a twenty-five foot (25') Right-of-
Way owned by the "Owners", as noted above, and is described as:
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 South, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado.
where it crosses the property known as:
2890 South Clarkson
Englewood, Colorado 80113
Arapahoe County, Colorado .
The above-described parcel contains 79,410 square feet , more or less.
1. Any construction contemplated or performed under this License shall comply with and
conform to standards formulated by the Director of Utilities of the City and such
construction shall be performed and completed according to the plans, a copy of which
is attached hereto and made a part hereof. [See Exhibits A, B and C]
2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to
the time of commencement of the construction of, or any repairs made to, Licensee's
retaining wall and fence so that the City may, in its discretion, inspect such operations.
3. The City shall have the right to maintain, install , repair, remove or relocate the City
Ditch or any other of its facilities or installations within the City's right-of-way, at any
time and in such manner as the City deems necessary or convenient. The City reserves
the exclusive right to control all easements and installations . In the event the wall and
fence should interfere with the City's future use of the Right-of-Way, the Licensee
shall, upon request and at its sole expense, relocate, rearrange, or remove its
installations so as not to interfere with any such use.
4 . Any repair or replacement of any City installation made necessary, in the opinion of
the City 's Director of Utilities because of the construction of the wall or other
appurtenant installation thereof, shall be made at the sole expense of the Licensee .
A
T
T
A
C
H
M
E
N
T
1
5. The stipulation and conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
6. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole
responsibility to determine the existence of said documents or conflicting uses or
installations.
7. The Licensee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without interference with any lawful, usual or ordinary
flow of water through the City Ditch. Licensee shall assume all risks incident to the
possible presence of such waters, or of storm waters, or of surface waters in the City
Ditch.
8. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose measure to a
compaction of ninety percent (90%) Standard Proctor Maximum Density.
9. Licensee, by acceptance of this License, expressly assumes full and strict liability for
any and all damages of every nature to person or property caused by water from the
ditch leaking through the ditch banks at the point or points where the Licensee
performs any work in connection with the installation provided by this License . The
Licensee assumes all responsibility for maintenance of the installation.
10. Licensee shall indemnify and save harmless the City, its officers and employees, against
any and all claims, damages, actions or causes of action and expenses to which it or
they may be subjected by reason of said wall and fence being within and across and under
the premises of the City or by reason of any work done or omission made by Licensee,
its agents or employees, in connection with the construction, replacement,
maintenance or repair of said installation.
11. It is expressly agreed that in case of Licensee's breach of any of the within promises,
the City may, at its option, have specific performance thereof, or sue for damages
resulting from such breach.
12. Upon abandonment of any right or privilege herein granted, the right of Licensee to
that extent shall terminate, but its obligation to indemnify and save harmless the City,
its officers and employees, shall not terminate in any event.
In granting the above authorization, the City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the City Ditch
system under the control of the City .
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written .
CITY OF ENGLEWOOD
ATTEST :
Olga Wolosyn, Mayor
Loucrishia A. Ellis , City Clerk
2
•
The undersigned authorized Owners of 2890 South Clarkson Street, Englewood, Colorado
80113 has read the foregoing License and agrees that they will accept and will abide by all the
terms and conditions thereof.
LICENSEES :
L~-:; . m~~°::off::a
STATEOF~WH'f/)
COUNTY OF~ lss. ---
The foregoing instrument was acknowledged before me this W <bly of iet:r,,,J,e,("
2005, by Diana Bray as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the
day and year first above written .
.• ·· Sbannoo Rczadl Bqinlicn DIie: September 9, 2009
My commission expires: -----
3
I . , -n~'~ STATEOF~OIORAPO )
JA~.J.J~ )ss.
COUNTY OF y,""' )
The foregoing instrument was acknowledged before me this ~ day of ~~
2005, by Leigh Bray as Owner of 2890 South Clarkson, Englewood, Colonufosowand
Property. ·
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My commission expires: -------
STATEOF~·
AHAtJ )ss.
COUNTYOF~)
The foregoing instrument was acknowledged before me this ~ day of iil:tJa,tW
2005, by Eugene Rotberg as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
... SlimmcmRama
M . . . P.xphatim Dale: ~-1-9 -y comm1ss1on expires: .....,....._. ,IAA/7
4
;-a sG? ~
NOTARY PUBLIC
STATE OP'.'. ~ Iris Rotberg, Owner
~ )ss.
COUNTY OF ) L
The foregoing instrument was acknowledged before me this ~ day of ,ftc(!II}~
200S, by Iris Rotbcrg as Owner of 2890 South Clarkson, Englewood. Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the
day and year first above written .
. ..,,..., Sblmm Raadl
B1qim1im Om: Scplrmbcr 9, 2009
My commission expires: -------
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November 2, 2005
Leigh and Dianna Bray
2890 South Clarkson Street
Englewood, CO 80110
\\en g In e er Ing, Inc.
4704 Harlan Street, #330
Denver, CO 80212
(303) 423-8982
Fax (303) 423-0067
Subject: Fence being built on top of a concrete retaining wall along a water channel at 2890
South Clarkson Street. Englewood, CO. (Engineer's job reference Nwnber 3988 .)
Dear Mr. and Mrs. Bray :
On October 12. 2005 , I received facsimile copies of drawings for a fence you are
proposing to build on top of the retaining wall referenced above. This retaining wall was
designed and detailed in the original drawings prepared for your remodel project.
The fence will be six feet tall and will be finished so that wind will not pass through the
fence. Therefore, the addition of the fence on top of the retaining wall will cause extra lateral
force at the top of the retaining wall. We have analyzed the wall with the extra force from the
fence and have detennined the wall will provide the desired support both vertically and laterally.
Please feel free to contact me if you have any questions or concerns.
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a-, COIOIDS
. ,. 303.4H.S1IO
~ 303.411. 7110
August29,2005
City of Englewood
Public Works Department
1000 Englewood Parkway
Englewood, CO 80110
Attention:
Subject:
Reference:
Bill McCormack, PE
Bray Property
City of Englewood Outfall Systems Planning Preliminary Design
Report, by Turner Coffie & Braden Inc., dated September 1999.
Dear Mr. McCormack,
HAYD CDNIULTNI CGlatMY, UC ~&--·-
The purpose of his fetter is to provide drainage calculations and design for irrigation ditch
improvements where they apply and impact the Bray property. The Bray property is an
approximately 1.8 acre property located in the NW Y. of Section 35, T.4S, R.68W of the P .M ., City
of Englewood, State of Colorado. ft is bounded by East Bates Avenue on the south, residential
properties on the north, an alley on the east, and South Clarkson Street on the west. An existing
irrigation ditch flows through the property from the southwest comer to the northeast comer .
A portion of the alignment of the irrigation ditch that is located within the Bray property will be
modified by the City of Englewood along with a portion of the adjacent East Bates Avenue
roadway. Upon the realignment of the ditch portion and the roadway improvements, the Brays
will construct a private fence/wall with a gate along the south property fine between the newly
aligned ditch and the north edge of East Bates Avenue. This fence/wall will be constructed in a
manner where storm drainage from a sub-basin located just south of the property will be able to
continue to have access to the irrigation ditch. The access gate will have openings at the base so
that the storm runoff flowing north across East Bates Avenue will not be impeded or changed .
Per the referenced drainage study, the Bray property is located in Basin No. 16, which is
comprised of 32 . 7 acres. For design purposes , this basin has been determined to be 40%
impervious and of B/C soil type. The following drainage calculations have been prepared in
conformance with the City of Englewood and County of Denver Drainage Design and Technical
Criteria and the UD&FCD Urban Storm Drainage Criteria Manual.
DRAINAGE CALCULATIONS (DESIGN POINT 1)
Total Site Area = 700 feet x 350 feet= 245,00 s.f. (5 .62 acres)
Site Imperviousness {From Referenced Report) = 40%
C100 {Type B/C Soil) =·0.54
Tc= 10 min ., 11 00 = 6.97 inches/hour
01oo = C,00 1A = 0 .54 x 6.97 inches/hour x 5 .62 acres = 21 .2 cfs
e
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CALCULATION FOR GATE OPENING
Width of Gate Opening = 12 feet
Height of Opening Under Gate = 8 inches
Area (A) = 8.1 s.f ..
Calculated Flow through Opening = 22 .00 cfs
In summary, the gate will be located at the low point of the East Bates Avenue crossing and will include a
opening below the gate doors that measures 12 feet by 8 inches. Refer to Drawing 1 -Drainage Plan
and Drawing 2 -Site Plan for drainage basin and site design information .
HIGC
BASIN AREA
(ACRES)
------.co-,._..._.,.
DRAINAGE PLAN
8RA Y l'ROl'f!RTY
DIG~,COLORADO
DRAINAGE LEGEND
BASIN I.D . .. DESIGN POINT
DRAINAGE FLOW ARROW
• • • • • • BASIN BOUNDARY
JOB NO.: 05C022.A
DA TE: ll2fl2005
DRAWN: GAV 1
•,.
Worksheet
Worksheet for Sharp Crested Rectangular Weir
• Project Daaiptlon
WOrklneet
Type
Solve For
Input Data
1
Sharp Crested Rec:tangu~ Weir
Crest length
Dlactlarga 22.00 cfs
Hudw.._ Elavatlon 0.67 ft
Crest Elevation 0.00 ft
Tallwatar Elevation 0.00 ft
Olactlarge Coefflclent 3.33 US
Number of Contraellona 0
Reaulla
Crest Length 12.05 ft
Headwater Height Above Crw 0.67 ft
Tallwatar Height Above Crat 0.00 ft
Flow Area · 8.1 IP
Velocity 2. 73 ft/a
Wetmd Perimeter 13.39 ft
Top Width 12.05 ft
. --
c:'.Oray .fm2 Flodtaeter ve.o (t1"4e)
011:Z9105 03 :32:32 PM O Haeltad Melhoda, Inc. 37 Brookalde Road w.itlu,y, CT Ot7DI USA (203) 7U-1Ne Page 1 of 1
4
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DECORATIVE GATE AND WALL ALONG BATES AVENUE CAT EAST PROPERTY LINE)
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NOTE:
PROPOSED WALL SHOWN ON PLAN IS
SCHEMATIC ONLY. REFER TO ARCHITECTURAL
PLANS FOR DESIGN SPECIFICS.
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15' ~-GRAPHIC SCALE ~, 1"•311' i Ii
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GRANT OF RIGHT OF WAY
THIS GRANT OF RIGHT OF WAY, made this _day of----------
--------• 2005, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, (Englewood), and LEIGH and DIANA BRAY whose
address is 2890 South Clarkson Street, Englewood, Colorado 80113; and EUGENE and IRIS
ROTBERG whose address is herein referred
to as "Grantees".
For ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledges. The undersigned
do hereby grant unto the City of Englewood, Colorado its successors and assigns, a twenty-
five foot (25') wide Right-of-Way to the repair, maintain and forever use its City Ditch,
over and through the property described as:
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 South, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado.
With the street address of:
2890 South Clarkson
Englewood, Colorado 80113
Arapahoe County, Colorado.
Where said City Ditch shall lie and as generally shown on the attached Exhibit A.
IN WITNESS WHEREOF, the parties hereto have executed this Grant Right of Way the day
and year first above written.
ATTEST:
Loucrishia A. Ellis , City Clerk
GRANTEE:
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Olga Wolosyn, Mayor
2
~
DianaBray,~ ~
STATE OF~ ) AA )ss.
GRANTORS:
COUNTY OF ~/ )
~!:"~oin~ instrument was acknowledged before me this U'!ay of
..... ~'-="'"'.,~aa..a...,,~'1~---' 2002,°by Diana Bray.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
. . . nxpiration Date: September 9,~
My comm1ss1on expires: --------
)
J.b·u/ ))ss. COUNTY OF ---'~~,,,.,,__._,___,
~-~trument was acknowledged before me this '%a. day of
-~'--"...-.~'-'-'~--~-,, 200~y Leigh Bray .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above wri~-£22)
My commission expireJ!'ti"li'"Dm: Sq,!cmbcr!, l009 cdR~ ~--.,,, ~~~~s~.~-~<J,~~
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~.,. ~.·· ··.''1-~ I$ .. ·· ~OTARy .... ~ \
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~ ~·;:.:_ ... ·····~~, ~,,t , c:: OF r\~ ~,,ti 1,,,,, .... ,,,1
STATE OF /JI, ~
' ~ )ss. COUNTY OF f.:>ti>~sl.. ,,/
The foregojng instrument was acknowledged before me this d1ay of
~/J?t:I" , 200 2,by Eugene Rotberg .
SflammRa.mll
M . . . Bxpiratioo Date: Scptanbe: 9, 2009
y comm1ss1on exprres: --------
Sbannm'Rmllll
Expiratioo Date: Scptcmbe:9, 2009
My commission expires: --------
-3-
-
1 SEE ATTACHMENTS TO CITY DITCH LICENSE AGREEMENT
(
(
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT (the Temporary Easement) is
entered into this __ day of , 200 _, by and between the CITY
OF ENGLEWOOD, a municipal corporation of the state of Colorado, acting by and through
its Water and Sewer Board (Grantor) and DIANA AND LEIGH BRAY and EUGENE AND
IRIS ROTBERG, the owners of 2890 South Clarkson, Englewood, Colorado (Grantees).
WHEREAS, the City of Englewood owns a Right-of-Way for the City Ditch, an irrigation
and carrier ditch (City Ditch Right-of-Way), which is located as generally described on
Exhibit A.
WHEREAS, Grantee desires to install a retaining wall and fence within the City Ditch
Right-of-Way pursuant to a plan described in Exhibit B.
NOW THEREFORE, in consideration of the mutual covenants of the parties,
more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby
acknowledged, it is agreed as follows:
1. Temporary Construction Easement. Englewood (as Grantor) hereby grants to
Diana and Leigh Bray and Eugene and Iris Rotberg (Grantees), its successors, assigns,
contractors, and sub-contractors, a non-exclusive temporary construction easement through,
over, under and across the City Ditch Right-of-Way for the installation of a retaining wall
and fence pursuant to Exhibits A and B. [the Project]
2. Term of Easement. The Project will begin no sooner than 11/1/2005 and will be
completed no later than 3/31/2006. Completion of the Project will be deemed to have
occurred upon inspection and approval of the Project by Grantor and this Temporary
Easement will be deemed to have terminated upon such completion.
3 . Access. Grantee shall have the temporary non-exclusive right to enter the City
Ditch Right-of-Way for any reasonable purpose necessary or prudent for the construction of
the Project subject to the following restrictions: 1) normal working hours shall be consistent
with CDOT construction hours, Monday through Friday and 2) the operation of equipment
and heavy trucks will be permitted on the Englewood City Ditch Right-of-Way only during
normal working hours .
4. Restoration . Upon completion of the Project, Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area of the City
Ditch Right-of-Way to its original condition .
5 . Indemnification. Grantee, to the extent permitted by the laws and Constitution of
the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its
employees, tenants , and guests from any and all claims, causes of action, and liability which
may occur as a result of the negligent or wrongful acts of Grantee in the construction of the
Project, including the cost of defending against such claims .
6 . Liability . Grantee hereby acknowledges that it understands that there is water flow
in the City Ditch from April 1 to November l of each year as well as storm water flow at any
time and that it will assume liability for any damage to adjoining property caused by water
flow resulting from damage to the city Ditch caused by the Grantee's construction activities.
A
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7 . Insurance. Grantee shall maintain in full force and effect a valid policy of
insurance for the Project in the amount of $600,000 .00 property coverage and $600,000 .00
liability coverage. Grantee further agrees that all its employees, contractors and sub-
contractors working on the Project shall be covered by adequate Workers Compensation
insurance.
8. Assignment. This Temporary Construction Easement is assignable only with the
written permission of the City of Englewood, Colorado, which permission will not
unreasonably withheld, conditioned or delayed.
9. Limitation. In granting the above authorization, the City reserves the right to
make full use of the property involved as may be necessary or convenient in the operation of
the City Ditch system under control of the City.
IN WITNESS WHEREOF, this instrument has been executed as of the day
and year above written .
CITY OF ENGLEWOOD, COLORADO
By:-----------
Stewart H. Fonda, Director of Utilities
By:----------
Chairman
Englewood Water and Sewer Board
STATE OF~,e,i )
OWNERS:
Diana Bray, Owner
COUNTY OF "(mf l"· ,-/
The foregoing instrument was acknowledged before me this ~ day of {),;cel,,/,,::,,"
2005, by Diana Bray as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
ShamiR=m
F.tpiralioo Data: September 9, 2009
My commission expires: --------
2
STATE OF e'!i::::i: ' )
·~ )ss.
COUNTY OF J/UH.L ) ,I
The foregoinJmstrument was acknowledged before me this i:2_ clay of J;/;ct:m~
2005, by Leigh Bray as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
.. Sliami Rczalll
P.xpirati(ll Date: Sq,trmbcr 9 2009
My commission expires: '
COUNTY OF . ..;.....:..:...:b---Jo"l,,IE..J~.
-~.w....r· ,/
The foregoing instrument was acknowledged before me this '2a day of ~
2005, by Eugene Rotberg as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written .
8bmen Razcots
F.xplntf cm Dale: September 9, 2009
My commission expires: --------
3
-
STATE OF~-)
Uut/ )ss.
COUNTYOF~)
The foregoing instrument was acknowledged before me this ~y of ~&H'/J,e,,,--
2005, by Iris Rotberg as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
<: <
My commission expires: --------
4
-
SEE ATTACIDiENTS TO CITY DITCH LICENSE AGREEMENT
.
"
• •
AGREEMENT FOR CGNSTRUCTION WITHIN AND
EXCHANGE OF CITY DITCH RIGHT-OF-WAY
THIS AGREEMENT FOR CONSTRUCTION WITHIN AND EXCHANGE OF CITY
DITCH RIGHT-OF-WAY is entered into this __ day of 200_ by and
between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado,
herein referred to as "City", and LEIGH and DIANA BRAY whose address is 2890 South
Clarkson Street, Englewood, Colorado 80113; and EUGENE and IRIS ROTBERG whose
address is herein ref erred
to as "Owners".
WHEREAS, the City owns and maintains an irrigation ditch known as the City Ditch with
associated Right-of-Way twenty-five feet (25') in width, with all the rights and privileges
associated there to.
WHEREAS, this Ditch was acquired has been in continual use and operation during and
prior to 1860.
WHEREAS, the City Ditch crosses the property owned by the "Owners", as noted above,
and is described as:
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 South, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado .
With the street address of:
2890 South Clarkson
Englewood, Colora..io 80113
Arapahoe County, Colorado.
WHEREAS, the City, as Owner of the Ditch has a right to maintain said Ditch in a
manner, which reflects the best interest of the City. This maintenance may include piping
the Ditch or leaving the Ditch as an open irrigation Ditch so long as the rights of the
customers are not harmed.
WHEREAS, the Owners want, and have requested that the City Ditch remain open and
unpiped where it crosses their property .
WHEREAS, the unpiped City Ditch has traditionally carried storm water flows from the
area of the Bates Avenue Right-of-Way .
WHEREAS , the City and the Owners acknowledge that there are erosion and storm water
flow problems with the Ditch at this location, and the Owners wish to relocate approximately
one hundred and seventy feet (170') of the existing Ditch consistent with the plans shown on
Exhibit A.
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THEREFORE, for mutual consideration, the sufficiency of which is acknowledged, the
parties agree as follows:
1. The Owners will be granted a License to construct a retaining wall, with footer,
and fence along and within the City Ditch Right-of-Way consistent with the
professional engineer approved plans attached as Exhibits A and B ( consisting of
twelve (12) pages, along the South Line of their property at 2890 South
Clarkson.
2. Said retaining wall and fence shall not be altered during construction or at any
time thereafter in a manner which substantially modifies the physical City Ditch
or the storm water flow design shown in Exhibit C (consisting of five (5) pages),
without the express written authorization of the City.
3. Upon completion of the construction described above and approval by the City,
the Owners shall cause a survey to be made and shall provide the City a rendering
with meets and bounds or other acceptable legal description along with a Grant of
Right-of-Way for the twenty-five foot (25') City Ditch Right-of-Way as it shall
lie across the Owners property after the construction of the retaining wall and
fence. Said Right-of-Way shall run along the South Property Line as generally
shown on attached Exhibit A
4. Upon receipt of an acceptable Grant of Right-of-Way, the City will quit claim
any other rights to the City Ditch Right-of-Way inconsistent with the grant
described in Paragraph 3, and shall back fill the Right-of-Way South of the subject
fence.
5. Because the Owners desire and plan to construct a fence around the entire
property which will block the City's access necessary to maintain the City Ditch,
the Owners will execute an access agreement acknowledging the City's right to
access the City Ditch Right-of-Way for City Ditch operation and maintenance
and for storm flow operation and inspection. This access agreement may specify
the access route preferred by the Owners.
IN WITNESS WHEREOF this instrument has been executed as of the day and year above
written.
CITY OF ENGLEWOOD, COLORADO
Stewart H. Fonda, Director
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CITY OF ENGLEWOOD
acting through and by its
Water and Sewer Board
Chairman
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OWNERS
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STATE OF )
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed m
day and year first above written.
Shannon lemdl
Expiration Date: Septanbc:r 9, 2009
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Shannon Rar.en11
P.xpiiatim Date: September 9 2009 My commission expires: •
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi ·
day and year first above written.
Shannon Rcmdl
&pmlim Dile: Scptanbcr 9, 2009
My commission expires: --------
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SEE ATTACH.'1ENTS TO CITY DITCH LICENSE AGREEMENT
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 9, 2006 9 Ci Designation of Official Posting Place for all
City of Englewood 2006 Legal Notices
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryg lewicz, Director
City Clerk's Office Loucrishia Ellis, City Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On January 10, 2005, City Council designated the bulletin board on the north side of the second
floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of
Englewood for 2005.
RECOMMENDED ACTION
Approve a Resolution designating the bulletin board on the north side of the second floor of the
Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood
for 2006.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The OPEN MEETINGS LAW, State Statute§ 24-6-402 (2) (c) states that "a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated
public place wi thin the boundaries of the local public body no less than twenty-fo ur hours prior to
the holding of the meeting. The public place or places for posting such notice shall be designated
an nu ally at the loca l public body's first regular meeting of each calendar year."
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Resolution
RESOLUTION NO.
SERIES OF 2006
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE
SECOND FLOOR OF THE ENGLEWOOD CMC CENTER AS THE OFFICIAL POSTING
PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2006.
WHEREAS, the "Open Meetings Law", State Statute §24-6-402(2)(c) requires that the public
place or places for posting legal notices shall be designated annually at the local public body's
first regular meeting of each calendar year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section l. The official posting place for all legal notices of the City of Englewood for the year
2006, shall be the Bulletin Board on the north side of the second floor of the Englewood Civic
Center and such notices shall be posted under the heading "OFFICIAL CITY NOTICES." This
Resolution does not in any way of itself create :: requirement for notice.
ADOPTED AND APPROVED this 9th day of January, 2006 .
ATTEST: Olga W olosyn, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2006.
Loucrishia A . Ellis, City Clerk
•
(
COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
January 9, 2006 9 C ii Supplemental appropriation and transfer of funds
(Budget Yea r 2005) from General Fund to th e
Donors Fund for Keep Englewood Beautiful
Initiated By: Staff Source:
City of Englewood, Fin ancia l Se rv ices D epartment Fr ank Gryglewicz, Directo r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed Keep Englewood Beaut ifu l's hazardous was t e clean up efforts w ith staff
o n num ero us occas io ns .
RECOMMENDED ACTION
Keep Englewoo d Beau tiful incurred expend itures of $21,000 for its hazardous waste clea n up in
2005, whic h exceeds funds avai lab le. Th e remaining funds , after paying 2005 expenditures, w ill be
used for future projects.
Staff recommends City Counci l approve the attached Resolution transferring and appropriatin g
fund s to th e D o nors Fund for Keep Englewood Beautiful (KEB). The sources and uses of th ese
f und s are:
SOURCE OF FUNDS:
GENERAL FUND :
Unrese rved/Undesignated Fund Balance $20,000
USE OF FUNDS :
Transfers out to Donors Fund $20,000
SOURCE OF FUNDS:
DONORS FUND :
Transfers in from G e n eral Fund $2 0,000
USE OF FUNDS :
Kee p Engl ewo o d Beautifu l $20,000
FINANCIAL IMPACT
This app ropri ation and tr ansfer wi ll reduce the General Fund unreserved/undesignated fund
balance by $20,000.
LIST OF ATTACHMENTS
Resolution
'
r
(
(
RESOLurJON NO.
SERIES OF 2006
A RESOLUTION APPROVING A TRANSFER AND APPROPRIATION FOR THE 2005
BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE DONORS FUND FOR
KEEP ENGLEWOOD BEAUTIFUL.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are
not made without proper appropriation by City Council; and
WHEREAS, the Englewood City Council of the City of Englewood approved the 2005 Budget
and Appropriation Ordinance on final reading on November 15, 2004 ; and
WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do
not exceed legally adopted appropriations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City of Englewood 2005 Budget is hereby amended as follows:
GENERAL FUND
Source of Funds :
Unreserved/Undesignated Fund Balance
Use of Funds
Transfers out to Donors Fund
DONORS FUND
Source of Funds :
Transfers in from General Fund
Use of Funds
Keep Englewood Beautiful
$20,000
$20,000
$20,000
$20,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2005 Budget for the City of Englewood.
ADOPTED AND APPROVED this 9th day of January , 2006 .
ATTEST: Olga Wolosyn, Mayor
Loucrishia A . Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the
above is a tru e copy of Resolution No. __ , Series of 2006.
Loucrishia A. Ellis, City Clerk
( COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 9, 2006 11 C i Suppl em ntal appr o priation and transfer of funds
from G en eral Fund to the Eng lewood Mclellan
Reservo ir Fo und ati o n
Initiated By: Staff Source:
City of Englewood, Financial Services Departm ent Frank Gry glewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed the Mclellan Reservoir property on numerous occasions. City Council
approved the formation of the Englewood Mclellan Reservoir Foundation (EMRF) on May 3, 1999
and the EMRF Articles of In co rp oration were signed on June 1, 1999. Council passed Resolution
75, Series of 1999 transferring funds from the Water Fund to EMRF and pass ed Ordinan c e 41 ,
Series of 1999 transferring property from the City to EMRF .
RECOMMENDED ACTION
( Staff recommends City Council approv e the attached resolution transferring and appropriating
funds to the Eng lewood Mclellan Re se rvoir Foundation. The sources and uses of these funds are :
(
SOURCE OF FUNDS:
GENERAL FUND:
Unreserved/Undesignat ed Fund Balance
USE OF FUNDS:
Transfers out to EMRF
SOURCE OF FUNDS:
EN GL EWOOD M C LELLAN RES RVIOR FOUNDATION
Tr a nsfers in fr o m G en ral Fund
U SE OF FUNDS :
Sit e d eve lo pm nt p enditur s
$100,000
$100,000
$100,000
$100,000
Th ese additi o n al funds will b e us ed f r sit d v I pm nt. Th Fo undati n will pro id e City Council
w ith updates o n th e ex p enditure o f fund a w II as pr og r ss r p rt .
-
FINANCIAL IMPACT
This appropriation and transfer will reduce the General Fund unrese rve d/undesignated fund
balance by $100,000. The EMRF will use these funds for the Lund Partnership (civil engineering
work) currently estimated at $27,760 but the estimated total will be $40,000. Also, Plan West, Inc.
will be engaged to explore various development possibilities; the base engagement is $8,750 and
will most likely total $15,000 when all the studies are complete. This lea ves $45,000 available for
marketing, brokerage and legal expenses.
These funds will be reimbursed from any funds recei ve d if the property dev el o ps .
LIST OF ATTACHMENTS
Resolution
(
RESOLUTION NO. 3
SERIES OF 2006
A RESOLUTION APPROVING A TRANSFER AND APPROPRIATION FOR THE 2006
BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE ENGLEWOOD
McLELLAN RESERVOIR FOUNDATION.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are
not made without proper appropriation by City Council; and
WHEREAS, the Englewood City Council of the City of Englewood approved the 2006 Budget
and Appropriation Ordinance on final reading on October 17, 200S; and
WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do
not exceed legally adopted appropriations .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City of Englewood 2006 Budget is hereby amended as follows :
GENERAL FUND
Source of Funds :
Unreserved/Undesignated Fund Balance
Use of Funds
Transfers out to Englewood Mclellan Reservoir Foundation
ENGLEWOOD McLELLAN RESERVOIR FOUNDATION
Source of Funds:
Transfers in from General Fund
Use of Funds
Site development expenditures
$100,000
$100,000
$100,000
$100,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2006 Budget for the City of Englewood.
ADOPTED AND APPROVED this 9th day of January , 2006.
ATTEST: Olga Wolosyn, Mayor
Loucrishia A . Ellis, City C lerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2006.
Loucrishia A. Ellis, City Clerk
,
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