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HomeMy WebLinkAbout2006-04-03 (Regular) Meeting Agenda Packet·- Regular City Council Meeting April 3 , 2006 Ordinance #/s , 7, 8, 9, 10, 11 Resolution#~~1 , 42 , 43 , 44 , 45 , 46 , 47 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 3, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:31 p.m . 2. Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: A quorum was present. Council Members Tomasso , Moore, Barrentine, Oakley , Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Gryglewicz, Finance and Administrative Services Engineering/Capital Projects Administrator Henderson, Public Works Research and Technology Manager Everhart , Safety Services Director Kahm, Public Works Director Long , Library Chief Building Inspector Smith, Safety Services Field Operations Administrator Nimmo, Public Works Open Space Manager Lee, Parks and Recreation Community Development Manager Stitt Police Commander Sanchez, Safety Services Fire Division Operations Chief Pattarozzi , Safety Services Fire Battalion Chief Fox, Safety Services Police Sergeant Watson. Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 20 , 2006. Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Englewood City Council April 3, 2006 Page2 Nays: None Motion carried. 6. Recognition of Scheduled Public Comment There were no scheduled visitors . 7 . Recognition of Unscheduled Public Comment (a) Doug Cohn, 3051 South Marion Street, said tonight I wanted to come and say thank you . As you guys have been looking over the Acoma Street Development project, I, on behalf of the merchants on Broadway, really appreciated your willingness to consider some of our concerns as you were making the deliberations. And, I and the guys along Broadway think that you made a good choice. So I just wanted to come and say thank you . Well done! Mayor Wolosyn said thank you. 8. Communications, Proclamations and Appointments (a) A letter from Joseph Christie announcing his resignation from the Englewood Transportation Advisory Committee effective March 24, 2006 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF JOSEPH CHRISTIE FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE EFFECTIVE MARCH 24, 2006. Mayor Wolosyn said I will add my regrets also . Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn said Joe was wonderful. He was one of the first people to step up and be involved in that committee and I think he made a great, positive first step . (b) considered . A proclamation honoring Chris Ransick as recently appointed Poet Laureate of Denver was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CHRIS RANSICK AS RECENTLY APPOINTED POET LAUREATE OF DENVER. Motion carried. Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn presented the proclamation to Director Hank Long . She stated I believe Chris is teaching tonight. I went down to see Chris honored by Mayor Hickenlooper in Denver ... as I know Hank did . Chris works hard no matter what and it is a great honor. Please extend that to him . Director Long said Chris asked me to pass along his appreciation for this proclamation , which we will share with him at the upcom ing Library Board meeting . He is deeply touched and honored by this . (c) A proclamat ion declaring Apr il 1 ?'h through April 23'd as Commun ity Development Awareness W ee k was con si dered. Englewood City Council April 3, 2006 Page3 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 17TH THROUGH APRIL 23RD AS COMMUNITY DEVELOPMENT AWARENESS WEEK. Mayor Wolosyn asked if there was any discussion. There was none . Vote results: Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamation to Community Development Manager Stitt. Mayor Wolosyn said this has to do with the Community Development Block Grants and I think it is really important that all municipalities recognize the great boon they are to our communities . Mr. Stitt said yes, I would just like to say thank you on behalf of the Community Development Department. (d) A proclamation declaring Friday, April 21st as Arbor Day was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING FRIDAY, APRIL 21 5T AS ARBOR DAY. Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamation to Open Space Manager Lee . Mr. Lee said thank you Mayor Wolosyn . I want to invite you and the rest of the members of Council to our Arbor Day celebration on Saturday , April 22nd, 9:00 a.m . to 11 :00 a.m. at the Malley Center. We are doing a tree planting demonstration using proper tree planting techniques . We are going to have a tree give-away with Washington Hawthorns, Newport Plums, Springsnow Crabapples and Aristocrat Pears, for the public. So you are more than welcome to stop by. Mr . Woodward said Aristocrat Pears, do they produce? Mr. Lee said yes, Aristocrat Pears, they are fruitless, but they do flower . Thank you . (e) A proclamation declaring Sunday , April 23•d through Sunday, April 30th as Days of Remembrance in commemoration of the victims of the Holocaust was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SUNDAY, APRIL 23RD THROUGH SUNDAY, APRIL 30TH AS DAYS OF REMEMBRANCE IN COMMEMORATION OF THE VICTIMS OF THE HOLOCAUST. Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn asked if there was someone present to accept this proclamation . If not, I accept it and we will make sure it goes to the right people . We all know that this is an important part of the history of all humans . I am glad that we honor it every year. (f) A resolut ion appo inting Danielle Gregory as a Regular Member to the Transportation Adv isory Comm ittee was cons idered . Englewood City Council April 3, 2006 Page4 Council Member Tomasso said she is a citizen that was involved with the transportation issue and then joined the Board . She has been in the wings waiting as an alternative member. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (f)- RESOLUTION NO. 39, SERIES OF 2006. RESOLUTION NO . 39, SERIES OF 2006 A RESOLUTION APPOINTING DANIELLE GREGORY TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn asked if Danielle was here tonight. She was not, so Ms . Wolosyn said then we will make sure that she gets this resolution with her pin. 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 5, SERIES OF 2006 (COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "THE JUSTICE ASSISTANCE GRANr BETWEEN THE CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF A DUCTLESS EVIDENCE DRYING CABINET. Vote results : Motion carried . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .) 1 O. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Read ing Englewood City Council April 3, 2006 Pages There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Serv ices Department that Council approve a resolution for a Supplemental Appropriation to the 2006 Budget for additional overtime for Safety Serv ices , Fire Division in the amount of $50 ,000 .00. He said this supplemental appropriation for your consideration is due to training requirements, retirements, injuries, surgeries and some vacancies in the Fire Division, that were not known at the time that the 2006 budget was implemented. This is a request for $50,000 .00 for Safety Services, Fire Division, which will come from the General Fund Unreserved/Undesignated Fund Balance . Mayor Wolosyn asked if there was any discussion or questions for Mr. Gryglewicz. There was none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 40, SERIES OF 2006. RESOLUTION NO . 40 , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO INCREASE FUNDING OF FIRE DIVISION OVERTIME EXPENDITURES . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays: None (ii) Engineering/Capital Projects Administrator Henderson presented a recommendation from the Public Works Department that Council approve, by motion, a negotiated extension of the 2003 Construction Contract in the amount of $474,720.00 for Concrete Utility 2006 , Concrete Program 2006 , and Sidewalk Missing Links 2006 . He said, as you may recall from past years, we combine all three of these into one contract to take care of the economy of scale and get us better pricing . The 2006 Concrete Utility will repair concrete in front of approximately 400 properties , the Concrete Program will install handicapped ramps at 43 intersections around the City and the Sidewalk Missing Links location is not finalized at this time. We would like to attend a City Council Study Session and discuss the priority list for the Sidewalk Missing Links . The Public Works recommendation is to continue to extend our current contract with Thoutt Brothers Concrete contractors . Thoutt Brothers provided excellent service in 2005. We were pleased with their quality of work, their pricing and their timeliness . Thoutt Brothers was flexible whenever we added work . Last year we added the Cushing Park Skate facility and we added the traffic medians that we installed on West Oxford Avenue and they held their unit pricing and worked with us very well. You may recall that last year there was a rather severe cement shortage and that caused concrete prices to increase as much as 25%. A lot of contractors couldn't even get concrete . Well, Thoutt Brothers did hold to their original bid pricing and they did complete our project on time . The increase this year is approximately 8% over 2005 . Staff feels like this is fair , and justified, based on the increases in fuel cost and also the increases in concrete costs . So , we believe it is in the best interest of the City to continue our relationship with Thoutt Brothers for the 2006 program and we ask for Council's concurrence in awarding this project in the amount of $474 ,720 .00 . He sa id I will be happy to answer any questions . Mayor Wolosyn asked if there were any quest ions . Englewood City Councll April 3, 2006 Page& Council Member Woodward said on the 8% increase , is that for approximately the same amount of concrete and the second question is, do they perceive any shortages? I know right at the end of the season last year, with Hurricane Katrina, it was a major problem for the whole city and for the country. Mr. Henderson said you know we were quite concerned and, in fact, when we did estimating for this year we went ahead and we estimated 25% higher. The fact that Thoutt Brothers was able to offer us 8% and put this in writing and we'll be able to sign a contract , which they will honor ... we don't really have to worry if the prices go up . Though we don't think they will be affected as much as we feared at first. Mr. Woodward said okay. Mayor Wolosyn asked if there were any other questions. There were none. COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)- A NEGOTIATED EXTENSION OF THE 2003 CONSTRUCTION CONTRACT IN THE AMOUNT OF $474,720.00 FOR CONCRETE UTILITY 2006, CONCRETE PROGRAM 2006, AND SIDEWALK MISSING LINKS2006. Mayor Wolosyn asked if there was any additional discussion . There was none. Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Dave . (iii) Research and Technology Manager Everhart presented a recommendation from the Safety Services Department that Council approve, by motion , the replacement of previously purchased mobile radios with the more reliable Motorola 800 MHz model. The Motorola radios will be at the same cost, which is $114,671 .04. She said as you are aware, we went live with the 800 MHz radio system on January g'h of this year and all went well with the exception of our mobile radios, which are installed in our police and fire vehicles . They are EF Johnson radios . We discovered that they do have a serious issue with the radios ... that they drop partial or entire transmissions , thus they are not reliable for public safety. We did purchase those originally through a Homeland Security UASI Grant. We are asking to replace those radios with City funds . We would then go forward with reimbursement from EF Johnson , for the radios that we currently have. They have been offic ially notified. Those letters were sent last week and they were notified prior to that, of our intent. When we realized our issues with the radios, EF Johnson sent out several teams of engineers and between Safety Services personnel and EF Johnson personnel , we have spent countless hours testing , making changes and waiting for EF Johnson to come up with a solution to this issue . They have been unable to do that so far . The Motorola radios currently do work on the State system and very well without this issue and that is why I'm respectfully asking for permission to replace the radios with the Motorola models and provide Safety Services personnel with reliable communication in their vehicles . Mayor Wolosyn asked if there were any questions for Ms. Everhart . Council Member Oakley said Trina, do you consider this a software or a hardware problem? Ms . Everhart said it is a little bit of both . What the radios are doing ... is they move about, they are not finding the right site and so it is a little bit of both . One final solution that EF Johnson tried , was a filter on the radio as an additional part to the radio and that was unsuccessful as well. So even in talking with the State radio system engineers, they actually feel , as well , that it is a combination of a hardware and software problem within the radio . Mr. Oakley said is there any other EF Johnson rad ios in service in the State of Colorado that are working properly? Ms . Everhart said there are radios in the Firestone Police Department and Franktown Fire and both of those agencies are having the same issues as we are . I was actually notified this afternoon that Franktown Fire will be returning the ir radios as well. Englewood City Council April 3, 2006 Page7 So, Mr. Oakley said, what is our chance of getting our full refund? Ms. Everhart said I haven't heard back from EF Johnson since they have been notified. There was an entity in Taylorsville, Utah which had similar issues, returned their radios and did receive a refund. The radios are still under warranty. The local vendor, which is Wideband Communications, is supporting a full refund through EF Johnson and has notified EF Johnson that they expect that for us as well. However, worst case scenario, the funds of $114,000.00 would come from the radio CERF funds from the Capital Projects Fund and the 800 MHz funds from the Public Improvement Fund that we have available . Mayor Wolosyn asked if there any other questions. Council Member Woodward said just this, Motorola radios, did I hear you say those have been tried out and those were working? Ms. Everhart said absolutely. Mr. Woodward said okay and then just following up on Wayne's question about financing . We are expecting and hoping for a total reimbursement from EF Johnson and any shortfall? Did we have this contract through the State? Ms. Everhart said through the UASI Grant and the fiscal agent was in Denver. I have been in touch with them and they have advised me that after the grants, that any warranty issues fall back to the agencies that received the radios. Council Member Barrentine said I know the Homeland Security piece of it was so that everybody could keep in communication with each other and have similar equipment. Is that still being accomplished with this? Ms . Everhart said yes it is and, actually, there are 428 agencies that are currently on the State System. Using the Motorolas, switching out that equipment, would definitely facilitate reliable communication throughout the State. We do have Motorola portable hand-held radios and we have had no issues with those whatsoever since we have gone live. Council Member Woodward said we are still using our other system as backup right now anyway, right? Ms . Everhart said the VHF is still in place as well. Council Member Mccaslin said my question, maybe Dan can answer, is what would prevent us from getting a full refund? City Attorney Brotzman said for us to get a full refund ... the issue is the timing of getting the refund. Mr. Mccaslin said okay. Mayor Wolosyn asked if there were any more questions. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -THE REPLACEMENT OF PREVIOUSLY PURCHASED MOBILE RADIOS WITH THE MORE RELIABLE MOTOROLA 800 MHz MODEL. THE MOTOROLA RADIOS WILL BE AT THE SAME COST, WHICH IS $114,671.04. Mayor Wolosyn asked if there was any further discuss ion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None Ms . Everhart said thank you . 12 . General Discussion (a) Mayor's Choice Englewood City Councll Aprll 3, 2006 Page& (i) Mayor Wolosyn said I would like to address Mark Swanson 's concerns . I would like the following read into the record : "Mr. Mark Swanson asked us to review the den ial of his permit for a fence . Council reviewed Mr . Swanson's case and agrees that the next steps for Mr . Swanson include administrat ive rev iew by Community Development and if that is not satisfactory, appeal to the Board of Adjustments . This conclus ion is based on section 106 .4 .4 of our Uniform Building Code , where it says no permit shall be extended more than once . Records show that Mr. Swanson received a permit in 2004 and an extension in February 2005 . The fence is still not built , therefore , according to our Code , he may not have an add itional extension of the original permit." I would like to have this statement also forwarded to relevant staff of Community Development and also members of the Board of Adjustment , if it happens to come before them, so that they can fully understand Council 's position ... just have that as background . Thank you. (ii) Mayor Wolosyn said I would like to congratulate Gary Condreay and Bill Young . They were honored at the Elks for their community service . I had been asked to attend that night , but my husband and I were out of town and I couldn 't. (b) Council Members' Choice (i) Council Member Barrentine : 1. She said I just wanted to comment on the letter we received from the Metro Community Prov ider Network thanking Officers Ross and Christensen for their professionalism in handl ing a s ituation over there . Apparently , the person riding was an ex-police officer and was very impressed by the way they handled a patient , who apparently had some mental illness issues . They were just very complimentary about them. 2 . She said I also wanted to thank Chris , and h is soon to be new commander , for all of their work on the f ire alarm policy that we d iscussed in Study Sess ion. I have been rece iving qu ite a few correspondences over the last couple of months , regarding this issue and I know that it was of some concern and there were some legitimate issues . One ... which a woman, in the foyer , just brought up ... is commun ication between the Police and Fire Departments and the alarm compan ies . I th ink she felt some comfort , because there is obv iously some communication ... at least for our part of it...we can 't speak for them . So, I hope how th is policy will be implemented , is communicated to them and they can go ahead and move forward . Director Olson said if I could just make a comment on that. At the end of the Study Session , we had some very signif icant d iscussions with the Alarm Assoc iat ion and they are going to be working with us ... actually doing qu ite a bit of the work ... to get this information out to the , approximately, 400 alarm companies that they have identif ied so far. So , they are going to be do ing quite a bit of that and we will work with them hand in glove on t h is to make sure that t he informat ion gets out there in a time ly manner. Ms . Barrentine sai d in that pa rti c ular case, it was le ss of an issue w ith ou r po li cy , abou t what we were go ing to change, then it was about how this particular company had interpreted it. .. which, I don't believe , was accurate. Director Olson said that is correct. Ms . Barrentine said thank you very much . I'm glad you guys are following up on that. 3 . She said I wanted to bri ng up an incident that happened at the Recreation Center. I was over there this pa st week an d a wo man came in with a wallet full of m oney, a ce ll phon e a nd som e equ ipm en t t hat looked like it had , potentially, just been dropped in the parking lot. I thou gh t the Recre at ion st aff did an exce ll ent job ... Susan did an e xcellent jo b ... in g o ing ou t to make sure and check to see if it ha d been ta ken ou t of a ca r, wheth er it had been taken from somewhe re. And the woman ... Pat and her husba nd M ike Dryer are resi d e nts he re, bu t it was Pat Dryer who brought that stuff in . I just really appreciated that and while in t roducing myself. .. and she had quite a group around her ... congratulating her on taking the time to bring t his st uff inside ... as soo n as I said I was with the City, she said, I have an issue with Public Works . And , then she called me again the very next night and I wanted to thank Rick Kahm for following up on that , because she called me the next night and said that Rick had called her immediately on that. I don't think citizens ever want to miss an opportunity when they have a chance to talk to somebody. But I wanted to thank her for her honesty, but also for just taking the time. A lot of times people just don 't want to get in volved and I'm really glad that we have these kinds of citizens in our community . Englewood City Councll Aprll 3, 2006 Page9 4. She said I want to thank Community Development...Tricia . My neighbor was pouring a garage and after submitting their plans, that had already been approved, and pouring this, they had somebody come out and they were surprised that there was a telephone pole there . The telephone pole was on the plan and they told them to just go ahead and if there is a problem with it, they would deal with it after they built the garage . Well , that didn 't make them feel comfortable and I can understand that...nobody wants to go to that kind of expense, put the effort and time in and maybe not have it approved. They want to follow the rules . Tricia was very nice to come out after work , drive by there ... since they had cement people waiting ... she was very nice to come out right away and take care of that, so that they felt comfortable to continue on with their work . And, I just wanted to tell her , thank you. 5. She said I know Community Development has been pretty busy, but I had given Darren a couple of requests from some Broadway businesses that were interested in doing some things with the Enterprise Zone and their signage. I just wanted to get a follow-up on some of those. One was the March Hare and the tattoo parlor, the update on the Liquor Barn sign and the auto dealer farther down on South Broadway. Darren knows who that is, and the Cricket business next to them. Also, our thanks from the Bruce Cairns property. I had seen him this weekend and they are very happy. They are moving forward and they have somebody leasing that property. (ii) Council Member Mccaslin : 1. He said we had an incident on my block last night. There was cause for police and fire response . I was out there and so were my neighbors and you guys did an excellent job . I have to commend you. I was really happy with what I saw happening with a distraught man and he was handcuffed ... it went very well . Thank you for your help there . 2. He said I would like to thank Rick Kahm . I have had a couple of issues come in front of him and he has always been right on the money as far as returning my phone calls and getting things done ... so thank you . (iii) Council Member Moore said I too would like to thank Safety Services for the effort and flexibility with respect to the alarm concerns, in addition to the ideas for communicating this back to the community and the alarm companies. I don't know if we can get something into the Citizen the next go round? But , again, thanks very much . (iv) Council Member Oakley said I too had some concerns about getting the word out about our decision on the alarm system . We had a lot coming in and I hope a lot goes out now . (v) Council Member Tomasso : 1. He said I would like to congratulate Hawthorn Botanical on celebrating their 51 h anniversary in town this weekend . 2. He said I would like to recommend a new ... not exactly a restaurant...it's the New York Super Sub, which is located in the China House next to the Gothic . They have a really nice New York style sub, as my wife attested to, that it was really a New York sub. They have been in business for two weeks and I would recommend supporting them . (vi) Council Member Woodward : 1. He said since we haven 't had a regular meeting since the Hampden Hall opening , I just wanted to mention that , for the record , that was a really successful weekend . Having attended the Back to Bach Concert and sitting in the very back row , I was really pleased with the acoustics and I understand the musicians were also . R ick Kahm , Dave Henderson and your group did a great job with what you and Denny Construction and the other subs have done . Englewood City Council April 3, 2006 Page 10 2 . He said I wanted to mention that Ray and I are meeting with the two School Board members and the City Manager and Superintendent of Schools on Thursday , for our second meeting. I know one of the items on the agenda is housing for teachers and Community Development is helping with some packets that I am going to be able to get together and give to the School Board. 3 . He said also I bel ieve the Jasmine restauran t over here at the Market Place , is in the process right now of making the move to the old March Hare bu ilding . ***** Mayor Wolosyn said , regarding Acoma Street...last week the EURA made the decision , and directed staff, to begin negotiating with Centex. In forming their discussion was the fact that because Council did not make a formal public decision regarding the Acoma Street development during our Executive Session, the content of our discussion was relayed to EURA in an Executive Session and then they completed their discussion publicly. Still pending is the transfer of the City's lot to EURA and so that both parties have a good and common understanding of this decision and what it entails , I have asked the City Attorney's office to include two items in a future packet. I would like some background on what EURAs are and what powers the State gives a EURA and reasons that Englewood formed a EURA. And second, I would like the information that EURA requested at their February 15th meeting. They requested information about the process from their Attorney Benedetti. In addition, before we deliberate on this issue of transferring land, Council would like a detailed list of points that may be included in our contract when we transfer this and to address the way Council can influence and participate in the development of Acoma Street , so that it becomes an asset and possible catalyst to Broadway Development. ***** Mayor Wolosyn said I th ink we are in agreement regarding Relay for Life ... that we would like a proclamat ion like last year. And I am asking staff , what is the process that we have to go through to get the banner fee waived? Do they have to apply? City Manager Sears said I th ink we actually have to bring a request to Council for your approval, which we can do at the next meeting . Ms. Wolosyn said thank you . 13. City Manager's Report (a) City Manager Sears sa id we were just notified , f rom Representative Diana DeGette 's office , that she will be here for lunch , as she did a year ago , on Tuesday, April 11t h at noon in the Commun ity Room . So , any Council members who could come ... that would be great. Staff will prepare some issues that we w ill send o ut to Counc il. .. some of the issues that we have involving some federa l focus and if Council has some concerns that yo u would like us to put into an agen da , please let us kn ow an d we ca n put together an age nd a for that meeting . So again , that is A pril 11th at noon . 14 . City Attorney 's Report (a ) Cit y At t orn e y Brotzman sai d Odaba ie v. City of Englewood , A rapahoe County D istr ict Court Case No . 04CV3650 ... that was a t ra ffic acc ide nt involv in g a pol ice veh icl e and I am request ing settlement of th at case for $34 ,000.00 . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO SETTLE THE ODABAIE V. CITY OF ENGLEWOOD ARAPAHOE COUNTY DISTRICT COURT CASE NO. 04CV3650 FOR $34,000.00. Mayor Wolosyn asked if the re was any discussion . There was none . Vote re sults: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Englewood City Council April 3, 2006 Page 11 Nays: None Motion carried. 15. Adjournment LOSYN MOVED TO ADJOURN . The meeting adjourned at 8:08 p.m . . ti fu_;, > 1 . 2. 3 . 4 . 5. 6. 7. 8 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 3, 2006 7:30 p.m. Engl ewood Civ ic C ente r -Counc il Chambe rs 1000 Engle wood Parkway Engle w ood, C O 80110 Calltoo,deL 7.J/~ In v ocation . ~ Pledge of All egi ance. ~ Roll Call . tl1t. ~ Con sid era tion o f Minutes o f Pr ev io u s Sess io n. a. Minutes from th e Reg ul ar C ity Council m ee ting of M arch 20 , 2006 .~ Recognition of Sc hedul ed Publi c Comm ent. (Pl ease limit y our presentation to t en minut es.) Jy- Reco gnition of U nsched ul ed Publi c Com ment. (Pl ease limit your p rese ntation to fi ve minutes . Tim e for u nsc h ed ul ed p ubli c co mm ent may b e limited to 45 minutes and if limited shall b e co ntinu ed to General Di sc u ssi on.) a. IJ~IJ~ f~f ,J -1t~111A-~rRar a/JU[)JJ11t~llt- Communications, Proclamations , and Appointments. A letter from Jos ep h Christie announcing his resigna~ ~o~ the _Englewood Transportation Advisory Committee effective March 24, 2006 . r::::;11 ~ Proclama tion honoring Chris Ransick as recent ly appoin ted Poet Laurea te of Den e~ Proclamation d eclaring April 1 7'h through April 23r d as Community Development Awareness ~?~ Week.~ d . Proclama tion declaring Friday , April 2 1" as Arbor Day.~ ~'J-0 Plea e no te: If you h, ve a disability and need au iliary , id or ervices , pl ase notify the Ci ty of Englewood (303-762-2 40 7) at least 48 hours in ad an e of wh 11 ser ices re needed . Thank you . Englew ood City Coun cil Agend a April 3, 200 6 Page 2 Procl am ation d ecl aring Sund ay, Ap ril 23rd through Sunday , April 30 '" as D ays of Rem embrance for th e victims of th e Holoca ust. ~ /). _ Ji. Mf. A R~solution appoi~ti~nielle Gr egory as a Reg ul ar Member to the Tr ansportation ~ cT/. Ad visory Committei:c; I~ 'ff tl?-o 9. Cons ent Agend a Item s. a. b . Appr$ Ordin ances o n Fir st Rea ding . Approva l of Ordin anc es on Second Rea ding. (}1.J_,/1=-~ i. Council Bill No. 5 approvin;,,t~ acc~ept ance of/he Justice Assist ance Grant 2006 in ~?-0 theamountof$11 ,2 58 . ////~ c. Resolutions and Motions. 10 . Public H earing Item s. (No Publi c H ea ring Schedul ed .) tr 11 . Ordina nce s, Res olution s and Motion s. a . b . C. Appr~f Ordin ances on Fir st Reading . Approval of Ordin ances on Second Rea ding. l:r Res olution s and Motions. Rec omm endation from th e Fin ance and Administrati ve Se rv i ce s D ep artm ent th at C oun c il ap p ro ve a Res olution for a Sup p lem ental Appropri ation to th e 2006 Bud ge t for additional o ve rtim e for Safety Servi ces, Fir e Div i sion in th e amoun $5 0,000. STAFF SOURCE: Frank Gryglewicz, Director. ~'7-o Recomm endation from t he Pu b lic Works Departmen t t ha t Co u nci l approve, by Mo tion, a negotia ted ex tension of the 2003 Cons truc t ion Con t rac t in the amoun t of $4 74 ,72 0 for Concre t e Uti l ity 2006 , Concre te Program 2006, and Sidewa lk Missing Links 2006 . STA'1_!0jJ~E: _Dave Henderson, Engineering/Capital Projects Administrator. V ~ iii. Recommenda tio n from t he Safety Services D epar tm ent t ha t Co u ncil app rove, by Mo tion , t he replacemen t o f previo u sly p u rchased m obi le ra di os w ith th e m ore reiiab l e Mo toro la 800 M H z model. Th e Mo toro la rad ios wi ll be at th e sa m e cos t, which is $114,6 7 1.04. STAFF SOURCE : Trina Everhart, Research and Te chnology Manager. ~ PIP,1se note : If yo u h.ive a disabi lity and ne ed auxi li ary aid or se rvices , pl ease notif th e City of Eng lewood (303 -762 -240 7) at leas t 48 hours in advance of when se rvices are n d d. Thank yo u. Englewood City Council Agend a Ap ril 3, 2006 Page 3 12 . General Discussion: a. Mayor's Choice. i. Mark Sw anson Concerns b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. a. Odabaie v. City of Englewood 1!f''7-t) Arapahoe County District~~ µ.lftt.,,&at,,ji f.5~~.bf) 15. Adjournment. <f? .. or ~ No minutes were transmitt ed to C ity Coun cil between Marc h 1 7 and M arch 30 , 2 006 . Pl ase no te: If yo u have a disabi l ity and need auxiliary aids o r services, p lease notify the City of Eng l ewood (303 -762 -2407 ) at leas t 48 ho u rs in advance of when services are needed. Thank you . 0 1. 2 . 3 . 4 . 5. 6 . 7. 8. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 3, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to o,der. 7.J;/ ~ Invocation. ~ Pledge of Allegiance. ~ RollCall. di/_ ~ Consideration of Minutes of Previous Session . a. Minutes from the Regular City Council meeting of March 20, 2006.~ Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) g-- Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) a. /J~II~ f~l/u -A~111,1 ~u:r $.ll6.UJ/J11t;Pf- Communica tion s, Proclamations , and Appointments. ~~ ~tl?~t) A letter from Joseph Christie announcing his resignaJit!1 ~o~ the _Englewood Transportation Advisory Committee effective March 24, 2006 . r;:::;;11 ~ Proclamation honoring Chris Ransick as recently appointed Poet Laureate of Denve~ c. Proclamation declaring Apri l 17th through April 23rd as Community Development Awaren ess ~ ')-{) Week.~ d . Procl amation declaring Friday, Apri l 2 1 '1 as Arbor Day.~ ~r;-o Please note : If yo u have a disi!bili t • nd need auxiliary aids or services, plea e notify the City of Englewood (303-762-2 40 7) at least 48 hour in advance of when services are n ed d . Thank ou . Englewood City Council Agenda April 3, 2006 Page 2 tlM.J ').e .tJ Proclamation declaring Sunday, April 23rd through Sunday , April 30 1h as Days of -"/Tt""' Remembrance for the victims of the Holocaust. ~ /) ~ _ Ji.. Mf. A Re.solution appoi~ti~nielle Gregory as a Regular Member to the Transportation ~ c:TI. Advisory Committeea I >1....J/J,J-t) 4tf l'l-o 9. Consent Agenda Items. a . b . Appr~ Ordin anc es on First Read ing . Approval of Ordinance s on Second Read ing . (}--U~~ i. Council Bill No. 5 approvin})~ ac~eptance of/'1e Justice Assistance Grant 2006 in ~?-0 theamountof$11 ,25 8. (/{/~ c. Resolutions and Motions. 10. Public Hearing Items . (No Public Hearing Scheduled .) tr 11 . Ordinances, Resolutions and Motions. a. b. C. Appr~f Ordinances on First Reading. Approval of Ordin anc es on Second Reading . Ir Resolution s and Motions. Reco mm endation from the Financ e and Administrative Services Department that Co un ci l approve a Reso lution for a Supplemental Appropriation to the 2006 Bud ge t for add itional o ver time for Safety Services, Fire Divis)~~ in tl~e amoun; of $50 ,000 . STAFF SOURCE: Frank Gryglewicz, Director. ~ ~'7-o Recomm endation from the Public Works Department that Council approve, by Motion , a n egotiated extension of the 2003 Construction Contract in the amount of $4 74,72 0 for Concrete Utility 2006 , Concrete Program 2006 , and Sidewalk Missing Link s 2006 . STA~Off~E: _Dave Henderson, Engineering/Capital Projects Administrator . V ~ iii . Re comm enda tion from the Safety Services Department th at Co un cil approve, by Motion , t he replac ement of previously purchased mobile radios wi th th e more reiiabl e Motorola 800 MHz mod el. The Mo torola radios will be at th e same cost, w hi c h i s $114,6 7 1.04. STAFF SOURCE : Trina Everhart, Research and Technology Manager. ~ Englewood City Council Agenda April 3 , 2006 Page 3 12 . General Discussion : a. Mayor's Choice. i. Mark Swanson Concerns b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. a. Odabaie v. City of Englewood ~'J-t) AcapahoeCountyDistr;c1~~µ/&,k.-/2-f~9;~.btJ 15. Adjournment. fj.:or~ No minutes were transmitted to City Council between Marc h 1 7 and March 30, 2006 . 0 PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: APRIL 3, 2006 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC l NAME ADDRESS TOPIC ( .. March 9 , 2006 Re: Englewood Transportation Advisory Committee Member Resignation To Whom It May Concern, I am writing this letter to provide notice of my resignation from the Englewood Transportation Advisory Committee (ET AC) effective 3-24-06. This due to the fact that I have purchased my first home in the City of Littleton and will be moving the first of next month. I have enjoyed my time serving on ET AC very much. Thank you for the opportunities. Sincerely, WJ-/"; ""\ I I : ' ~· ~; i : ' • /J J?h .. . .. l· J:Toseph D. Christie, ET AC Chair 8a (_ 8b ~~ WHEREAS, th, post ofDen,,, Po,~ L:u::,L w:s:s:b:i:h:d~n S,pt,mb" 10, 2004 with Ms ~ Hickenlooper's posthumous appointment of Aberlardo "Lalo" Delgado as the City of Denver's first official Poet Laureate; and WHEREAS, the honorary post is intended to increase the general awareness and appreciation ofpoehy in Denver, and to provide support to the fields of poetry and literature; and WHEREAS, Mayor John Hickenlooper and the Denver Office of Cultural Affairs announced the appointment of Chris Ransick as the new Poet Laureate of Denver, Colorado; and WHEREAS, the Poet Laureate Selection Committee ranked Mr. Ransick highest of all applicants on all three of their criteria : Quality; Contribution to the Literary Community; and Ability to Represent the City of Denver; and WHEREAS, Committee members praised both the quality and craft of Mr. Ransick's poems and believe that his work holds the promise of more outstanding development; and WHEREAS, Mr. Ransick has had a lifelong interest in writing, earning an undergraduate degree in English/Creative Writing from San Francisco State University and two master's degrees in English/Creative Writing and Journalism from the University of California-Davis and the University of Montana, respectively . Mr. Ransick is currently a faculty member at Arapahoe Community College, where over the last 16 years he has developed award-winning creative writing and journalism program ; and WHEREAS, Mr . Ransick resides in Englewood and serves on the board's of the Englewood Public Library, and the Freedom to Write Committee for PEN USA ; and he works to promote reading and literature locally by organizing literary events and speaking in schools; and WHEREAS , on his appointment as Denver Poet Laureate, Mr. Ransick stated, "I intend to explore the literary landscape in Denver and bring forward as many voices as I can find. I know there is richness and variety and intensity here. If I can help celebrate that and raise the profile of our literary culture, it will be the best use of what has been entrusted to me ." NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado and Members of Englewood City Council , hereby wish to recognize CHRIS RANSICK for his outstanding service to the City of Englewood as well to congratulate him for his selection as : POET LAUREATE OF DENVER GIVEN under my hand and seal this 3rd day of April, 2006 . Olga Wolosyn, Mayor ( PROCLAMATION WHEREAS, in the City of Englewood and in communities throughout the nation, thirty- one years of Community Development Block Grant funding has developed a strong network of relationships between the City of Englewood, its residents , Arapahoe County and many non-profit agencies that provide services and help make possible our commitment to our neighborhoods ; and WHEREAS, the Conununity Development Block Grant has been working in the City of Englewood to provide a wide range of services and activities designed to have an impact on the causes of poverty in local communities; and WHEREAS, the City of Englewood recognizes that the Community Development Block Grant is part of a partnership of federal, state and local governments, business, non-profit and community efforts, and that the services funded by these programs , administered by the local government and often delivered by local non-profit organizations, rely heavily on the dedication and good will of their combined efforts; and WHEREAS, the City of Englewood, Arapahoe County, surrounding cities and non-profit organizations would not be able to complete these projects without these funds; and WHEREAS , the current proposed federal budget cuts the Community Development Block Grant program by 25% in fiscal year 2007; and WHEREAS, the week of April 17 -23, 2006, has been set aside to reaffirm the significance of the Community Development Block Grant program in meeting the needs of low and moderate income residents and eliminating or preventing slum or blight conditions; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the week of April 17 -23, 2006 as: COMMUNITY DEVELOPMENT AWARENESS WEEK in the City of Englewood, Colorado. I urge all of our residents to join together to support this effort. GIVEN und er my hand and seal this 3rd day of April, 2006 . Olga Wolosyn, Mayor ( PROCLAMATION WHEREAS, in 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees ; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS , trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature , clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in the City of Englewood increase property values , enhance the economic vitality of business areas, and beautify our community; and WHEREAS , trees are a source of joy and spiritual renewal ; and WHEREAS, the City of Englewood, Colorado has been recognized for 21 consecutive years as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways ; and WHEREAS, the State of Colorado celebrates Arbor Day on the April 21st, 2006; NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby recognize ARBOR DAY in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care for our trees and woodlands and to support our City's community forestry program. Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the well being of present and future generations . GIVEN under my h and and seal this 3rd day of April, 2006 . Olga Wolosyn, Mayor 8d C. PROCLAMATION of European Jewry by Nazi Germany and its collaborators between 1933 and 1945 ; and WHEREAS , Jews were the primary victims -six million were murdered , and millions of others targeted for destruction or decimation for racial, ethnic, religious or national reasons under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, we the people of the City of Englewood, Colorado should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny ; and WHEREAS, we the people of the City of Englewood, Colorado should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the United States Congress established the Days of Remembrance as our nation's annual commemoration of the victims of the Holocaust and created the United States Holocaust Memorial Museum as a permanent living memorial to those victims; and WHEREAS, in accordance with its Congressional mandate, the Museum will lead the nation in the annual days of Remembrance of the Victims of the Holocaust; and WHEREAS, the United States Holocaust Memorial Museum has designated "Legacies of Justice" as the theme for the 2006 Days of Remembrance in honor of the courage of, and the precedents set by, those who testified during the trials of Nazi war criminals at Nuremberg and other locations immediately after World War II ; and WHEREAS, the theme pays tribute to those who work tirelessly for the cause of justice, both then and now; and WHEREAS, reflection on the prosecution of Nazi perpetrators reminds us that we must take action to prevent atrocities and vigorously pursue justice for the victims of such acts of hatred and inhumanity; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates Days of Remembrance for the Victims of the Holocaust to be commemorated this year from Sunday April 23 through Sunday April 30, 2006. The Day of Remembrance, Yom Hashoah, is April 25th. NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby proclaim the week of Sunday, April 23 through Sunday, April 30, 2006 as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust and in honor of th e survivors, as well as the rescuers and lib erators and further proclaim that we, as citizens of the City of Englewood, Colorado should strive to overcome intolerance and indifference through learning and remembrance . Olga Wolosyn, Mayor Be RESOLUTION NO. SERlES OF 2006 A RESOLUTION APPOINTING DANIELLE GREGORY TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation is s ues in the City of Englewood and shall seek to promote close cooperation between the City , individuals , businesses, institutions and agencies concerned with transportation related activities; and WHEREAS , the Englewood Transportation Advisory Committee was established by the Englewood City Council with the pas sage of Ordinance No . 65 , Series of 200 I ; and WHEREAS, there is a vacancy in the Englewood Transportation Advisory Committee; and WHEREAS , Danielle Gregory was previously named as an alternate to the Englewood Transportation Advisory Committee; and WHEREAS , the Englewood City Council desires to appoint Danielle Gregory to the Englewood Transportation Advisory Committee ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section I . Danielle Greg ry is hereby appointed to the Englewood Trans portation Advisory Committee. Danielle Gregory's term will be effective immediately and will expire February I, 2007 . ADOPTED AND APPROVED thi s 3 rd day of April , 2006 . ATT EST : Ol ga Wo losyn , M ay or Lo ucri s hi a A. Elli s, C ity C lerk I, Lo uc ri shi a A . E lli s, C ity C lerk for th e C ity o f Engle wood, Col o rado , h ere by certify th e a bove is a tru e co p y of Res olution No. __ , Seri es o f 2006 . Loucri s hia A . E lli s, C ity C lerk TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Members of City Council Dave Anderson, Vice-chair M'-- and Members of the Englewood Transportation Advisory Committee (ETAC) March 15, 2006 RESIGNATION OF JOE CHRISTIE AND APPOINTMENT OF DANIELLE GREGORY Mr. Joe Christie has served on ET AC since its inception in 2002, serving two of those years as the Committee's Chairperson. Mr. Christie is moving out of the City, and has submitted his resignation from ETAC, to be effective March 24, 2006. We regretfully request that City Council accept Mr. Christie's resignation. Additionally, we ask that you appoint our Alternate Member, Danielle Gregory , to fill the remainder of Mr. Christie's term, which expires February 1, 2007. Thank you for your consideration, and please contact me at 303-777-3777, or Recording Secretary Wilks at 303-762-2500, for further information . /lw Attach . c : Gary Sears Dan Brotzman 8f ( ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 5 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF A DUCTLESS EVIDENCE DRYING CABINET. WHEREAS, the Englewood Department of Safety Services requested funding, will be used to purchase a ductless evidence drying cabinet and to purchase associated accessories and spare filters to ensure the safe operation of the evidence drying cabinet and the prevention of cross contamination; and WHEREAS, the new drying cabinet is a vented and filtered enclosure specifically designed to safely dry and store evidence that has been contaminated with biohazards; and WHEREAS, the Englewood Police Division has committed to sharing this asset with the Greenwood Village, Sheridan and Cherry Hills Police Departments; and WHEREAS, the Justice Assistance Grant is a non-matching grant; and WHEREAS, the City of Englewood submitted an application and has been awarded an $11,258 grant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the Justice Assistance Grant from Edward Byrne Justice Assistance Grant Program to the City of Englewood, attached hereto as Exhibit A. Section 2. The City Manager is authorized to execute said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full , and pas sed on fir st reading on the 20th day of March, 2006 . 9bl Published as a Bill for an Ordinance on the 24th day of March, 2006. Read by title and passed on final reading on the 3rd day of April, 2006. Published by title as Ordinance No. _, Series of 2006, on the 7th day of April , 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucrishia A. Ellis .t' Y LUUb bawara .tlyme iv1emona1 Jusnce Ass1siance uram ~JAU) .t'rogram EXHIBIT A • FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 200G-F2003 .co-0J AJ)_plication Application Handbook 81mlicant Information Project Information Budget and Program Attachments Assurances and Certifications Review SF 424 Submit Application Help/Freg uently Asked Questions GMS Home Log Off Correspondence jswitch to_ ... Assurances and Certifications To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this application and your statement of the veracity of the representations made in this application. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the following: 1. Assurances 2. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters: and Drug-Free Workplace requirements. If you are an applicant for any Violence Against Women grants, this includes the Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act. *Prefix: Prefix (Other): *First Name: Middle Initial: *Last Name: Suffix Suffix (Other): *Title: *Address Line 1: Address Line 2: *City : County : *S tate: *Zip Code : jother ......... ·····-. Bl) I ...... ! lnone _ j~()lv1Mt,.N,DE:R .. j 1 qoo ~ngl~".'Clod Parkway . I. ' jEngle_wood . jcolorado .. I I •• • •• ~· ..... ,1 B ,. https ://grants . oj p. usdoj . gov /gmsexternal/applicationAssurance . do 3/2/2006 .t' J k VVO .CUWi:U Uoy l uc; JVJCJJJUJ HlJ J u::,ul,;c; r.::.::.1::.LilJJl,;c; U l illll \JKU) r I U!,l (1111 jso110 : -13519 *Phone: j303 . : -!783_ .' -16833 ' Ext I. ! , Fax : 13.03 : -17~? -··: -12491 __ j *E ·mall : j~wi~ks@_E:!ngl~_~ood_g_o, p: I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority of official, to provide the information requested throughout this application system on behalf of this jurisdiction. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on -site for immediate review. h ttps ://grants . ojp . usdoj .gov/gmsexternal/applicationAssurance.do 3/2/2C}Oe Assurances rc1gc; J Ul J NOTE: You must click on the "AcceRt" button at the bottom of the p.MJe before closing this window STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations , policies, guidelines , and requirements , including 0MB Circulars A-21 , A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review offederal programs); and 28 C.F.R. pts . 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerlal, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application . 2 . It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain . 3. It will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4 . It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations , such as 28 C.F .R. pts . 18, 22, 23, 30, 35, 38, 42, 61, and 63 . 5 . It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S .C. § 470), Ex . Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S .C . § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6 . It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U .S .C . § 3789d); the Victims of Crime Act (42 U .S.C . § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U .S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U .S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U .S .C. § 12131-34); the Education Amendments of 1972 (20 U.S .C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S .C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7 . If a governmental entity : a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S .C . § 4601 et seq .), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and§§ 7324-28, which limit certain polit ical act ivities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. http ://gran ts .ojp . usdoj .g v/gmsextemal /GenAssurances.jsp ?ass ured =Y &assureID= 1321 3/2/2006 \..-t:rLlllL:cllJUU::i J ai:,v J VJ J NOTE: You must click on the "Accegt" button at the bottom of the gfilJe before closing this window U.S. OEF>AR TMENT OF= JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applica nts should refer to the regu lat ions cit ed be low to determine the certification to which they are required to attest. Applicants should also review the instruct ions for certification included in the regulations before completing this form . Signature of this form provides for compliance w ith certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro- curement) and Government-wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which rel iance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Sect ion 1352, Title 31 of the U .S. Code , and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100 ,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification of any Federa l grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL , "Disclosure of Lobbying Activities," in accordance with its instructions ; (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION , AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and imp lemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67 .51 O A. The applicant certifies that it and its principals : (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced lo a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction ; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery , bribery, falsification or destruction of records , making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal , or lo c al) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification ; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State , or https ://grants . oj p. usdoj .gov/g msexternal/GenCe rtifications.j sp?ccrtificd =Y &c rtify ID= 1320 3/2/2006 ( Len11 1L:auum; local ) termina ted for ca use or default ; and B. Where the applicant is unable to ce rti fy to an y of the sta tements in this ce rt ificat ion , he or she shall attach an explanation to this applicat ion. 3. DR UG -FREE WOR KPLA CE (GRA NTEES OT HER T HAN INDIVID UAL S) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees , as defined at 28 CFR Part 67 Sections 67 .615 and 67 .620 A The applicant certifies that it will or will cont inue to prov ide a drug-free workplace by : (a) Publishing a statement notifying employees that the unlawful manufacture, distribution , dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohib ition ; (b) Establishing an on-going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee 's policy of maintaining a drug:free workplace ; (3) Any available drug counseling , rehab ilitation , and employee assistance programs ; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace ; (c) Making it a requirement that each employee lo be engaged in the performance of the grant be given a copy of the statement requ ired by paragraph (a); (d) Not ifying the employee in the statement required by paragraph (a) that, as a conditio.n of employment under the grant , the employee will (1) Ab ide by the terms of the statement; and (2) Notify th e employer in writ ing of h is or her conviction for a violation of a criminal drug statute occurring in the workplace no later than f ive calendar days after such convict ion ; (e) Not ifying th e agency, i n w ri t ing , w ith in 10 ca le ndar da y s after receiv ing notice under subpa rag raph (d )(2) fr om an e mp loyee or otherw ise re ceiving actual notice of such conv ic-t ion . Employers of convicted employees must provide notice, including p o sition title , to : De p art m ent of Justice, Office of Justi ce Prog r ams, ATT N: Control Desk, 633 Indiana Avenue, N.W., Washington, D .C . 20531 . Notice sha ll inclu de the identificat ion number(s) of each affected grant; (f) Tal<ing one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel ac t ion against such an employee , up to and including termination , consistent with the requirements of the Rehabilitation Act of 1973, as amended ; or (2) Requi ring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropria te agency ; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). http s://grnn ts .o_ip . usdoj .go v/g mscxternal/G en crtifications.jsp?certified=Y &cert if ylD = 1320 3/2/2006 \.,CJ lUl\.,aLJUW) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the certifications . https ://grants .oj p. usdoj . gov/gmsexterna l/Ge nCertifications .j sp?certified=Y &certify 10= 1320 3/2/2006 0 r l .L.VVO .CUWl:U U DY JJH;:; lVlCJJJUJ li:ll .J U::.LJt;c; J-\_:,:,1:,u:ul\.,C U Jc:1Ul ~J/"\U Jr 1vg1 au, l ag1., J UJ L FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2oos-F2003.co-0J &rnlication CorresRondence B ., Review SF-424 Print a CORY-- Application Handb ook Overview AR.Rlicant Information Project Informat Budget and Program Attachments ion Assurances and Certifications Review SF 424 Submit AP-P-li cati on Help/Frequently Asked Questions GMS Home Log Off APPLICATION FOR 2, DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 1, TYPE OF SUBMISSION 3. DATE RECEIVED BY State Application Identifier STATE Application Non-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY 5.APPLICANT INFORMATION Legal Name Organizational Unit City of Englewood Department of Safety Services, Police Divis ion Address Name and telephone number of the person to be 1000 Englewood Parkway contacted on matters Englewood, Colorado involving this application 80110-3519 SEARS, GARY (303) 762-2311 6. EMPLOYER IDENTIFICATION NUMBER {EIN) 7. TYPE OF APPLICANT 84-6000583 Municipal 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Ass ista nce 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16. 738 The purchase of an evidence CFDA EDWARD BYRNE MEMORIAL JUSTICE dfyii'l9 caB1net By rne TITLE: ASSISTANCE GRANT PROGRAM Englewood Department of Safety Services, Police Division, to be shared by four police agencies. 12. AREAS AFFECTED BY PROJECT The Englewood Dept . of Safety Services, Police Division, proposes that the FY 2006 JAG Grant be used to purchase a ductless evidence drying cabinet. This drying cabinet Is a vented and filtered enclosure specifically designed to safely dry and store evidence that has been contaminated with blohazards . The current drying cabinet Is obsolete, does not meet current evidence collection standards and would not withstand legal scrutiny in a court of law. The Englewood Police Division has committed to sharing this asset with the Greenwood VIiiage, Sheridan and Cherry HIiis Police Departments . All four cities are suburbs bordering the southern city llml\:.s of Denver, Colorado . We recommend \:.he purchase of a ductless evidence drying cabinet slmllar to Model ACEVD60A made by Slrchle Fingerprint Laboratories , Inc. The approx imate cost Is $9,800 .00 , We would use the remainder of the grant monies to purchase htt ps :// gra nt s. ojp . usdoj . gov/g msexte rnal /applicationRevi ew.do 3/2/2006 r I L.VVO cuwa1u ny,rn:: 1v1cu1u11cu J u:sw,;c J-\.:s:s1:sw11l:t: u1a11L lJ/"'\UJ r 1ug1a1u rage L. u1 .!. associated accessories and s pare filters to ensure the safe operation of the cabinet and the prevention of cross contamination . 13, PROPOSED PROJECT 14. CONGRESSIONAL Start Date: February 01, 2006 DISTRICTS OF End Date: December 31 , 2008 a. Applicant b. Project COOl 15, ESTIMATED FUNDING 16. IS APPLICATION Federal $11,258 SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER Applicant $0 12372 PROCESS? State $0 Program Is not covered by E.O . 12372 Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $11,258 N 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTttORIZED BY GOVERNING BODY OF TKE APPLICANT AND ntE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. https ://grants.ojp .usdoj .gov /gmsexternal/applicationReview.do 3/2/2006 Narrative# 1 The Englewood Department of Safety Services, Police Division, plans to use the JAG Grant funds 2006 ($11,258 .00) to purchase a ductless evidence drying cabinet. This cabinet wiii be made avaiiabie for use to at ieast three other police agencies that do not have a drying cabinet. The monies will be spent as follows : Ductless evidence drying cabinet Accessory kit Replacement filters and other accessories TOTAL $ 9,800 .00 Est. $ 150.00 Est. $ 1,308 .00 Est. $11,258.00 Narrative #2 Narrative #2 is a description of the process, as required by the City of Englewood, Colorado Charter, to create an ordinance accepting the tenns of an Interagency Agreement (lGA). In this instance, the agreement is the acceptance of the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG). The Grant Administrator will submit a Council Communication explaining the details of the 2006 JAG Grant and the proposed use of the grant funds . The City Attorney's Office wi11 draft an ordinance accepting the 2006 .TAG grant and establishing the Interagency Agreement (IGA). The ordinance will be introduced to the Englewood City Council on February 20, 2006 . It will be formally read and public comment is allowed . If passed upon first reading, the ordinance will be published in full and posted for public viewing . The second reading will occur on April 3, 2006 . Public comments will be allowed before the vote by city council. If the ordinance passes, it will be signed by the Mayor and become effective immediately. This usually happens 1-2 days after the vote. Copies of the signed ordinance and associated documents will be subsequently forwarded to the Bureau of Justice to prove compliance with the terms of the grant. .t< Y .LUUO .i:.awaru .oymt: iv1emona1 Jusuce Ass1stanct: u1am lJAVJ rrugram FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2oos-F200J-co-0J AQ.P-lication Correspondence jSwi!Ch to ... Application Handbook Submit Application Overview AP-P.licant Information Project Information Budget and Program Attachments Assurances and Certifications Review SF 424 Submit AJmlication Help/Frequently Asked Questlo ns GMS Home Log Off Status Complete Complete Complete Complete Complete Incomplete Requirement Overview Applicant Information Project Information Budget and Program Attachments Certified to the Assurances and Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace l1i~t1~'1ji~f:i,~~tf~~,\f§6il\l ti ,)•l ':...tf!:.~ •• : ~>t •• : J~P-r.~.:-,c,o•. ~~;.:,\•. . r.~· https ://grants .ojp. usdoj . gov/gm extemal/submitApplication.do ragt: J u1 1 a ,, 3/2/2006 !' l L.VVO CUWi:11U oy1m:: JVJt:UIUlli:U JU:SlJL:t: J-\:S:Sl :S li:111L:t: Uli:11ll \JJ-\U/ nugti:1111 rctgt: 1 OJ J .t!..eJ.QLFreg uently Asked Questions GMS Home FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2oos -F2oaJ.co-oJ Submit Application Your application for the FY 2006 Edward Byrne Memorial Justice Assistance Grant (JAG) Program has been successfully submitted. You will no longer be able to edit any information submitted. However, you can log in any time to view the application information. You will be contacted by the Program Office when your application is processed or any other action is required by you. https ://grants.ojp.usdoj .gov/gmsexternal/submitApplication.do 3/2/2006 Byron Wicks F=rom: Sent: To: Subject: helpdesk@ojp . usdoj. gov Thursday , March 02 , 2006 2 :05 PM Byron Wicks Re : Application Number 2006-F2083-CO-DJ Application Number 2006-F2083-CO-DJ was submitted on 02-Mar-2006 1 ··- RESOLlITION NO. SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO INCREASE FUNDING OF FIRE DIVISION OVERTIME EXPENDITURES . WHEREAS , the City of Englewood is required by City Charter to ensure th at expenditure s do not exceed legally adopted appropriations ; and WHEREAS , this supplemental appropriation to the 2006 Budget will fund Fire Di vision overtime expenditures for the Safety Services Department ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado , is hereby amended for the year ending 2006 , as follow s: GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund B a lanc e $50,000 USE OF FUNDS: Safety Services Department, Fire Division O vertime $50 ,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 3rd of April , 2006 . ATTEST: O lga Wolosyn, Mayor Louc rishia A . E ll is , Ci ty C le rk I, Loucris hia A . Ell is , City C lerk for th e C ity of Eng lewood , Colora do , he re by cert ify the above is a true copy of Resolutio n No . __ • Series of 2 006. Loucrishia A . Ellis , City C lerk \\ Ofi COUNCIL COMMUNICATION Date: Agenda Item : Subject: April 3, 2006 11 C i Supplemental Appropriation to the 2006 Budget for additional ov ertime for Safety Services , Fire Div ision Initiated By: Staff Source: Finance and Administrati v e Serv ices Department Frank Grygle w icz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discuss ed this issue specifically, but issues that hav e lead to incurring additional o v ertime hav e been discussed . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Du e to training requ irements , retir ements, injuries, sur ge ries , and vacancies, the Fire Di v ision has in c urred unexpected ov ertime costs to full y staff the A , B, and C shifts . Th is supplemental appropriation is submitted for Council 's c on sideration to ensur e the Di vi sion and D epartment do n o t exc eed appropriated leve ls fo r 2006 . RECOMMENDED ACTION Staff recommends City Council approv e the attached Reso lution for a supplemental appropriation of funds for the Safety Serv ic es D e p artment, Fire D iv ision : GENERAL FUND : SOURCE OF FUNDS : U nrese rve d/Und esig nat ed Fund Balance $5 0,0 0 0 USE OF FUNDS : Safety Services Department, Fire Divis ion O ve rtime $50,000 FINANCIAL IMPACT This appropriation wil l reduce the Genera l Fund 's unreserved/undesignat ed f u nd ba lance by $50,000. LI ST OF ATTACHMENTS Resolution 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 3, 2006 11 C ii Award of Joint Construction Contract for Concrete Utility 2006, Concrete Program 2006, and Sidewalk Missing Links 2006 Initiated By: Staff Source: Department of Public Works Dave Henderson Engineering/Capital Projects Administrator. COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 5, 1997, City Council approved Ordinance No. 36, Series 199 7 creating a Concrete Utility and Concrete Utility Enterprise Fund {EMC Chapte r 8, Title 12 ). In 1996, City Council established a citywide program t o meet ADA standards for all street improve ments in the public way. City Council passed the 2006 Budget to appropriate funding for this annual Concrete Program . On March 1, 200 1, Council directed staff t o begin programming co nstru ction for completion of th e Sidewalk Missing Links in the City of Engle wood . On June 16, 2003 , City Council approved Notice of Award of Concrete Utility 2003 to Thoutt Brothers Concrete Contractors. The 2003 bid package contained a provision for the ex tension of the contract for up to two additiona l yea rs , w ith Council approval. On April 19, 2004, C o un ci l approved a m o tion extending the Thoutt Brothers contract for the 2004 co nstru c ti o n proj ec t. On March 2 1, 2005 , Council approved a m o ti o n ex t ending th e Thoutt Broth ers contrac t for th e :wos constructi o n project. RECOMMENDED ACTION Recommendation to approve, by Motion, a negotiated extension of the 2003 Construction Contract with Thoutt Brothers Concrete Contractors, Inc. in the amount of $474,720 for Concrete Utility 2006, Concrete Program 2006, and Sidewalk Missing Links 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Sec t ion 11 -3 B-1 of th Municipal Cod d t rmin es th e responsibility of property owners t o maintain th e co ncre t e curbs, gu tt rs , and sid \ alk s adjacen t t o t heir propert . The Concrete Utility \\ a t ablished for prop rt O\ n ers a a o m eni nt funding me hanism for on r t e repair. The $5 to $7 quarterly fee for a typical residential property is paid through the City's water and sewer billing system. The City contributes its share of the fees just like any pri v ate owner. • For the past several years, staff has developed a citywide Concrete Program to address existing City-owned sub-standard concrete, and to comply with the Americans with Disabilities Act in curb ramp construction. The cost of these improvements is borne by the City through monies budgeted in the Public Improvement Fund (PIF). Costs include concrete construction, incidental storm drainage construction , administration, engineering, survey ing, testing, and miscellaneous incidentals. • In 2001, staff identified and prioritized 16 missing links of sidewalk in the City of Englewood. The total cost of constructing these segments was estimated to be $1,657,000. These links represent walks that were never completed in a Paving District or by other means. Council concurred that walks are needed in these areas and, forming the Sidewalk Missing Links Program, began appropriating funding in the 2001 Public Improvement Fund (PIF) to meet this goal. In 2005, the segment was completed on the east side of Zuni Street from Vassar Avenue to Colorado's Finest Alternative High School. Staff is currently reviewing the original list of missing links for work to be completed in 2006. Staff has combined all three concrete programs into one construction project to take advantage of the economy of scale . Staff was pleased with the quality, timeliness, and performance of Thoutt Brothers Concrete Contractors, Inc. this past year, and, although this extension is beyond the two y ears stipulated in the original 2003 contract documents, staff believes, with the City Attorney's concurrence, that continuing the relationship into 2006 would best serve the City's interests. Working with a contractor who knows and follows City standards with minimal direction wi ll sa ve on project bid and administration costs. The City requested that Thoutt Brothers provide new unit prices for 2006. Because of recent concrete and fuel price increases , the new unit prices have been increased 8.01 % over last year. Howev er, with the 6.41 % increase in 2005 and the 8.01 % increase for 2006, the net increase per year since the original contract documents in 2003 averages only 4.8%. With Council approval, the City w ill be able to take ad va ntage of quality work and favorable prices . Concrete Utility 2006, Concrete Program 2006, and Sidewalk Missing Links 2006 are scheduled for co nstru ction during the spring and summer of 2006. FINANCIAL IMPACT Funding and cost breakdowns for the project are as follows: • Concrete Utility 2006 breakdown : Funding a ai lable from Concrete U tility Construction con tract Contingency for unidentified work $386,220 $75,000 $658,000 '· Administration /engineering/surveying/inspection Material testing and necessary Incidentals associated with the Concrete Utility $164,500 (25% of total project) CONCRETE UTILITY TOTAL • Concrete Program 2006 breakdown : Funding available from PIF Construction contract Contingency/additional work $625,720 $38,500 $14,970 Administration/engineering/surve y ing/inspection Material testing and necessary Incidentals associated with the Concrete Program . CONCRETE PROGRAM TOT AL • Sidewalk Missing Links 2006 breakdown: Construction contract Contingency /additional work $4,200 $52,200 $50,000 $13,950 Administration/engineering/surveying/inspection Material testing and ne cessa ry Incidentals associated wi th the Missing Links Program. $13 ,950 SIDEWALK MISSING LINKS TOTAL PROJECT CONSTRUCTION TOTAL LIST OF ATTACHMENTS Contract $74,950 $474,720 $59,917 s '.!, CO NTRACT CITY OF E NGLEWOOD , COLORADO THIS CONTRACT and agreement , made and entered into this day of ~~~~~~~~~~~• 2006~ by and between the City of Englewood , a municipal corporation of the State of Colorado hereinafter referred to as the "City", party of the first part, and THOUTT BROTHERS CONCRETE CONTRACTORS INC. hereinafter referred to as the "Contractor", party of the second part. WITNESSETH, commencing on the day of January , 20Q_§_, the City exercised its option to extend the original c ontract dated June 16 th . 2003 pursuant to Special Condition 2.32 for furnishing all labor, tool s, supplies, equipment, materials and everything neces sary and required fo r the following: PROJECT: CONCRETE UTILITY, CONTRACT PROGRAM, and SIDEWALK MISSING LINKS 2006 WHEREAS, the letter of extension of the 2003 contract has been received by the City Engineer and forwarded to the Mayor and City Council with a recommendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been extended to the above name Contrac to r by the Mayor and City Council and said Contractor i s now willing and able to perform all of said work in accordance with sa i d contract provisions. NOW THERE F ORE, in consideration of the compensation to be pa i d the Contract, the mutual agreements hereinafter contained are sub ject to the terms hereinafter stated: A. Contract Documents: It is agreed by the partie s hereto that the following li s t of instrument s , drawings and document s which are attached h ereto , bound herewith or incorporated herein by reference constitute and shall be referred to either as the Cont rac t Documen t s or the Contract and all of said instruments , draw ing s, and document s taken together as a whole constitu e he Contract between the par ties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: Let r o Proposal Con ac P om nc Ex ension o his ins Paym n 2005 Con act Bond I \ Receipt, Release, Waiver of Claims Special Provisions General Conditions Detailed Specifications Plans and Drawings B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within One-hundred Twenty (120) calendar days from the date of said notice, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the General Conditions. D. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation wherefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal hereto attached and made a part hereof, the total estimated cost thereof being Four Hundred Seventy Four Thousand Seven Hundred twenty dollars and no cents ($474,720.00). E. Appropriation of Funds : At present, $474,720.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions on the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available. The City shall irmnediately notify Thoutt Brothers Concrete Contractors Inc. or its assignee of such occurrence in the event of such termination. F . Contract Binding: It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in 4 Contractor by Party of the Second Part ATTEST: Secretary counterparts. CITY OF ENGLEWOOD by Mayor Party of the First Part ATTEST: City Clerk ( ' l COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 3, 2006 11 C Iii Replacement of Safety Services Mobile Radios Initiated By: Staff Source: afety S r i es Trina Everhart, Research & Technology Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Non. RECOMMENDED ACTION The Depart111 nt of Safety Services is recommending that the Council approve, by Mqt,ion, the purchase of Motorola 800 MHz mobile radios, in the amount of $114,671.04. The purchase price will be sought as reimbursement from EF Johnson . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th ngl wood Department of Safety Ser v ices recei ve d funding for 800 MHz Digital Trunking Radio , throu gh th e Urban Areas Security Initiative Grant (UASI). Part of this grant was to purchase mobil radios fo r th e Fire and Poli ce ve hicles . F l ohn o n radios were selected for this purchase. Since the installation and implementation of the radio sys t em, th e radios ha ve failed to function in a reliable manner. EF Johnson has been given ery opportunity to reso lve the issu es . A full refund , from EF Johnson , is requ ested . In o rd er t o provide dependable radios for the first res ponders of Safety Serv ices , th e EF Johnson radios , i ll b remo ed. It is requested that the purchase of M o t orola radios be approved to r pla c th e radios. FINANCIAL IMPACT Mot rola would rep la e th e radios at the same cost. The cost of the Motorola radios is $114,67 1.04. LIST OF ATTACHMENTS ummary oi o ff ering t o Englewood from Motorola. Feb-11-01 11:Hu Frlll-LW.CY COIIUIICATICIIS Summary of offcriq to F.nglewood; Exislina equipment: 38 dashmotm.t mobiles @2.466.08 a93,711.04 m m om 8 remote mount mobiles @ 2.620.00 • 20,960.00 S 114,671.84 Option 1) T-141 P.001/001 MDI Replacement ofhdiq's with XTL1500 dash mounts and XTS2SOO remotes. 38 XTI..1500 dash mounts@2.148.80 • 81,654.40 8 XTI..2500 remote mounts @ 3,079:rl .. 24,633.76 S 106,288.16 This reflects a savings of S 8,382.88 and allows for money foe programmlnlf'mstaJlation. Prices are direc:tly from the ~ contract prices with no additional discount odw than the 300.00 offi:rina for xn.2500. Option2) &placement of Radio's with xrusoo dach and qmotc mmmt mobiles. 38 X'IL2500 dash mount mobiles @2,466.0I = 93,711.04 8 X'Il.2500 remote mount mobiles @2,620.00 • 20 960,00 S 114,67L04 , t ,• 1"1111 II blyoad the 300.80 discomlt aad ii NOT to be sured with othen outside of Eaglcwoocl. 'l1lis offer is Yalid widl the udentaaclillg ~~is ta~ / ) ad .-em mobiles WoN tlti •• ,nrtsr+ .IN'-f=,y A,:pr-,' { 4 1 200 I.:, l '41 ~I.. No delta aumber in this option, but the custom« srandardiza with 2500. f'-"" s s Have fun ...... . .\ Leigh Ann Hoffhines ' From: 3ent: To: Cc: Subject: Trina Everhart Thursday , March 30 , 2006 10 :46 AM Leigh Ann Hoffh ines Chris Olson FW : Motorola extention Please see the below information -----Original Message----- From: Don Clarke Sent: Thursday, March 23, 2006 3:29 PM To: Chris Olson; Trina Everhart; Gary Sears; Nancy Reid; Dan Brotzman Subject: Motorola extention -----Original Message----- From : Eric Rhodes [mailto:ericrhodes@legacycomm.com] Sent: Thursday, March 23, 2006 3:38 PM To: Don Clarke Subject: Don, we will extend the pricing on the Motorola hardware until April 4th as (" discussed on the phone. Hope this helps. Eric Rhodes Legacy Communications Inc 303-799-3933 office 303 -961-3434 cell - 106.4.1 107.6 , and that the fees specified in Section 107 have been paid, the .uilding official shall issue a permit the refor to the applicant. When the building official issues the permit where plans are re - quired, the building official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed , modified or altered without authorizations from the building official, and all work regulated by this code shall be done in accordance with the approved plans . The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifica - tions for .the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this idde. The holder of a partial permit shall proceed without assur- lttlce that the permit for the entire building or structure will be granted. · 'iil6.4.2 Retention of plans . One set of approved plans, specifi- cations and computations shall be retained by the building official for a period of not less than 90 days fr.~m date of completion of the work covered therein; and one set of 'll pproved plans and specifica- tions shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress . 106.4.3 Validity of pcl'mit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the juris- diction . Permits presuming to give authority to violate or cancel 'i.e provisions of this code or other ord inances of the jurisdiction .rnll not be valid. The issuance of a permit based on plans, specifications and oth- er data shall not prevent the building official from thereafter re - quiring the correction of errors in said plans , specifications and other data, or from preventing building operations being carried on thereunder when in violation of this code or of any other ordi - nances of this jurisdiction . 106.4.4 Expiration. Every permit issued by the building official under the prov isions of this code shall expire by limitation and be- come null and void if the building or work authorized by such per - mit is not commenced within 180 days from the date of such permit, or if th e building or work authoriz ed by such pe rmit is sus - pe nd ed or abandoned at any time after the wo rk is comm enced for a period of 180 days . Before such work can be recomm en ce d, a new permit shall be first obtai ned to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in lhe original plans and specificatio ns for such work, and provi ded fur- th er tha t such suspe nsion or abandonm ent has not excee ded on e year. In or der lo re new ac tio n on a perm it after ex pi rati on , the per- mittee sha ll pay a new fu ll permi t fee. Any permittee holding an unexpired permit may apply for an extension of the time within whic h work may com mence under that permit when lhe permittee is unable to comme nc e work wi th - in the time required by this sec tio n for good and sa ti sfacto ry rea - sons . The bui lding official may exte nd the time for act ion by the permittee for a period not exceeding 180 days on written request 1997 UNIFORM BUILDING C0DE12 a j incorr ect informution supplied, or in violation of any ordinance or regulation or any of the provisions of this code . SECTION 107 -FEES Even if one post commenced work ( ·, the pe~mitlee showing that circumstances beyond the control of .! pernuttee have prevented action from being taken . No permit ~-------· shall be extended more than once. ' 106.4.S Suspension 01· 1·e"ocation. TI1e building official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of tailed requirements for the inspection process in order to help ensure that the construction for which the inspections an~ made complies with the code in all respects. 106.2 Work Exempt from Permit. In earlier years the UBC re- quired permits for any type of work that would have been cov- ered by the scope of the code . Since th~ 1979 edition, however, language has been added that provides for exempted work. This section issues a caveat to the effect that even though exempted by the Building Code for a building permit, separate plumbing, electrical and mechanical permits may be required unless they are also exempted by those codes . It is further the intent of the code that even though work may be exempted for permit, any work done on a building or struc- ture must still comply with the code . As indicated in Section 101 .3, the scope of the UBC is virtually all-inclusive . This may seem to be a superfluous requirement where a permit is not re- quired . However, this type of provision is necessary to provide that the owner be responsible for proper and safe construction for all work being done. 106.3 Application for Permit. In this section the UBC directs that a permit be applied for and describes the information re- quired not only on the permit application but also on the plans and specifications filed with the permit application . Essentially, the code requires that plans , engineering calculations and any other data necessary to describe the work to be done be fil e d along with the application for a permit. Structural observation pr?grams are also to be submitted with the application for a per- mit that may be required by other sections of the code . The building official may require that the plans , specifications and other documents be prepared by a licensed competent person . In some cases, the design of portions of the building is not com- plete a~d may be dependent on the manufacturer of proposed prefabncated elements , such as for truss drawings . The code, therefore, specifically allows deferring the submittal of portions of the plans and specifications. The building official is permitted to w~ive the requirement for the filing of plans and other data, provided the building official is assured that the work for whi c h the permit is applied is of such a nature that plans or any othe r d a ta are not nece ssary in order to obtain compliance with the c ode. 106.4 Permits Iss uance. 106.4 .1 ~s~ance. The permit-issuance process as envisioned by th e U BC 1s mtended to provide records wit hin th e code enforce- men t agency of a ll construction ac ti vi ties th a t take p lace wi th i n t~e jurisdiction a nd to provide orde rly controls on th e cons tru c- ti o n process . T hu s, th e appl ication fo r pe m1i t is int e nd e d to de - sc ribe in detai l th e work to be do ne. The p lan s a nd o th er dat a filed w it~ th e application are in te nd e d to graphi call y de p ic t th e ~on~truct1on work to be do ne . In th is sec tion th e build ing official ts d1~ecte~ to re~iew th e app licatio n fo r pe rmit and th e pl a ns an d spec~~cat!ons _fi led wi th the permit. T his rev iew of th e plans and spec1f1cat1ons 1s no t a discretionary procedu re bu t ra th er is m an- dated by the code . T he building official is no t at libe rty to c heck only a portion of the plans . On this basis the str uctu ra l drawi ngs as well as the engineering calculations must be c hecked in order for th building official to c omply with the code. In fact , if the s tru c tural plans and engineering calculations arc not reviewed by th e buildin g o ffi c ial , th e building official is in effect prcsum - 1997 UBC HANDBOOK ing the infallibility of the design engineer in addition to violating the code. The code also charges the building official with the issuance of a permit when it has been determined that the infom1ation filed with the application shows compliance with the Uniform Building Code and other laws and ordinances applicable to the building at its location in the jurisdiction. The building official may not withhold the issuance of a permit if these conditions are met. Thus, the building official would be in violation of the code to withhold the issuance of a building permit for a swimming pool because a cabana was constructed without a permit2. 106.4.3 Validity of permit. The code intends that the issuance of a permit not be construed as permitting a ·violation of the code or any other law or ordinance applicable to the building. In fact , the code authorizes the building official to require corrections if there were errors in the approved plans or permit application at the time the permit was issued . The building official is further authorized to require corrections of the actual construction if it is in violation of the code although in accordance with the plans . Moreover, the building official is further authorized to suspend or revoke the permit in writing if it is found that the permit was issued in error or in violation of any regulation or provision of the code . While it may be poor public relations to suspend or revoke a permit or to require corrections of the plans after they have been approved, it is clearly the intent of the code that the approval of plans or the issuance of a permit may not be done in violation of the code or of other pertinent laws or ordinances . 106.4.4 Expiration. The Uniform Building Code anti c ip ate s that once a permit has been issued , construction will soon follow and proce ed expeditiously until its completion . However, this ideal procedure is not always the case, and therefore the code makes provisions for those cases where work is not started or al - ternately where the work after being started has been suspended fo r a period of time . In these cases the UBC allows a period of 180 day s to transpire before the permit becomes void. The code then require s that a new permit be obtained with the fee equal to one half of the fee normally required for such work. It is as - s umed by the code that the code enforcement agency will have e xpende d some effort and follow -up inspec tions of the work, e tc ., and th erefore at leas t one ha lf of the permit fe e mu st be retained in order to compensate th e agency for the work. How- ever, see the disc ussion of fee refunds under Section 107. SECTION 107-FEES 107.1 General . Th e Uniform Bu i lding Co d e antic ip ates th at many jurisdic ti o ns will establi sh the ir o wn fe e sche dul es and , th ere fo re, rec ogni zes th at the fees to be charged for bu ildin g per- m its and for pl an revie w wi ll be ei ther as se t for th in th is sec ti on o r as es ta bl is hed by the j u ris dictio n . It is th e int e nt of th e U BC th at th e fees co ll ected by the departm e nt fo r b uild ing permi t and p lan re v iew be ad eq ua te to cover t h e cos ts to th e de par tm e nt i n these a reas . If the department has other duties in add itio n to buil d in g permits and plan review, t h en the budget of the depart- ment w ill need to be supplemented from the general fund. 107.2 P ermit Fees. The code uses the concept of valuation to establish the building permit fee . This concept is based on the proposition that the valuation of a project is related to the . ' -JI j'd--~(!) ~ >f¥J::;~ 6). J;s-~~ rJtr@~~ dt-·. -7 ' ) 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 3, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. fl~/ Invocation. ~ Pledge of Allegiance . RollCall .dl!l ~ ognit,on o Unscheduled Public Comment. (Please limit your presentation ive minutes. ,me for unscheduled public comment may be limited to 45 minutes and if limited shall be cont~ to General Discussion .) 8. cZcations, Procl amations, and Appointments. // /II,~ a. A letter from Joseph Christie announcing his resig~o~ fr_?~ th: Englewood Transportation flv'VV"fJ'l-0 Advisory Committee effective March 24, 2006. c;p ~ Op/ ti 'li-ornctama tion honodng Chds Ransick as ,ecently appo;nted Poet Lauceate of Den~ ( JRTr:::J n ./J Proclama}i_o~d~clir~1~g·~p_ril y •h through April 23rd as Community Development Awarene ss vv~/Vv /-(./ Week. t/(.J l,UIV}/~ Jt/( A ~"i~ecladng Fdday , Apdl 21" as Acboc ,Day .~ Pl ease note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2407) at leas t 48 hours in advr1nce of when services are needed . Thank you. Eng lewood City Council Agenda Apr il 3, 2006 Page 2 flllJ/ ?.-Qclamation declaring Sunday , Ap ril 23r d thr o u gh Sund ay, April 30'h as ays of v-rf Remembr ance for th e vic tim s of th e Holoca u st. () -11 ~f. A R~solution ap pointing D an ielle Gr eg ory as a Reg ul ar Member to the Transportation ~ ?-i/v;so,yComm;uee. ~ 9. Consent Agenda Items. a . Appro~f Ordinances on Fir st Read in g. Approval of Ordin ances on Seco nd Read ing. i. • Council Bill No. 5 approving the accep tanc e of the Justice Assistance Grant 2006 in the amount of $11 ,25 8 . c. Res olutions and Motions. 10 . Public Hearing Item s. (No Public H ea ring Sch ed ul ed.) ~ 11 . Ordinances, Reso luti ons and Motion s. a. b . Approval of Ordinances on Fir st Read ing. ff Approval of Ordinances on Seco nd Read ing. ff Reso lution s and Motions. i. iii . Reco mm e ndation from th e Finance and Administrative Serv ic es D epar tm e nt th at Council approve a Reso lution for a Supplemental Appropriation to th e 2006 Bud ge t for additional overtime for Saf ety Services , Fir e Divisj9n in th' _a~~unt </ $50,000 . STAFF SOURCE: Frank Gryglewicz, Director. ~\.. Recomm e ndation from th e Publi c Works D epartm ent th at Council approve, by ~nego tiat ed ex tension of th e 2003 Cons tru c t ion Con trac t in th e amount of $474,72 0 for Concrete U tility 2006 , Concre t e Program 2006, and Sidewalk Missing Links 2006 . STA'l.J~Y~CE: Dave Henderson, Engineering/Capital Projects Administrator. (/~ Recommenda ti on from th e Safety Servic es D epar tm e nt that Council approve, by Mo tion , th e r ep lace ment of previously p urchased mobil e radio; wi th th e more -reliable fv1otorola 800 MHz model. Th e Mo torola radios will be at th e sa m e cos t, which i $J 14 ,67 1 .04. STAFF SOURCE: Trina Everhart, Research and Technology Manager. ~ - Plc>,1 e not : If you ha e a di abili ty and need auxili ary aids or servi es, please notify th e City of Englewood ( 03-762-2407) at I a t 48 hours in advance of wh n r ices are ne d d. Th an k you . .. , J' Englewood City Council Agenda April 3, 2006 Page 3 12. General Discussion : a. Mayor's Choice. i. Mark Swanson Concerns b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. (Z ,4 tj,tffl)~ ¥(:!' ~1!Jbaiev.CityofEnglewood /!JJ 3 I ~ Arapahoe County District Court Case No. 04CV3650 15 . Adjournmentg:ri r No minutes were transmitted to City Council between March 1 7 and March 30, 2006 . Pl a e not : If you have a disability and need auxi liary aids or services , p lease no tify the City of Eng l ewood (303 -7 62 -240 7) at I a I 48 hour in advance of when services are n d d. Thank you . ( 3. 4. 5 . Invocation Pledge of All . eg1ance Roll call CC ~41/minut COUNCIL · . M et1ng workin g notes Members: Tomasso ~ Moore ,,,,..-- Barrentine V-- Oakley v---- McCaslin ,,,,-- and Woodward~ Mayor Wolosyn V present ~ -~absent moved •.,; 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 3, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m. g;;.... 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 81/ 4 . Roll Call Present: Absent: Council Members Tomasso, Moore, Barre&i!~~~cCaslin, Woodward, Wolosyn A ,. IV/\ (r. ():A v-. , IA, ~ A quorum was present. None ()JV...,,.! ~,"""' City Manager Sears '/' ~ ~ ~ ';, -\1 ~'\,-, I'/"-I"' -0 5 . Also present: City Attorney Brotzman ; ~~t)V-"" l (;~ \W ._ I I()' Deputy City Man.9ger Flaherty \J'~ ~ ill/\ J\J I ~ City Clerk Ellis / V~ V" Q Deputy City Clerk Bush / ~ ~ Director Olson, Safety Services / . Director Gryglewicz , Finance and Administrative Services Engineering/Capital Projects Administrator Henderson, Public Works/ Research and Technology Manager Everhart, Safety Services / Polic~ommander Sanchez, Safety Services v" Fire f:!tif/t1J1P.?i , Safety Services V Consideration of Minutes of Previous Session (a) COUNCIL MEMBER1bt~~. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 20 , 2006. Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward , Tomasso , Oakley 1 Q Nays : None ,-, Mot ion carried. \OO s. There were no scheduled visitors . Recognition of Scheduled Public Comment D\o 7 . Recognition of Unscheduled Public Comment T~ere WQre AQ l,j"J<e~~.isiCQhn ws I 8. Communications, Proclamations and Appointments Englewood City Council April 3, 2006 Page 2 \Jr.... J (a) A letter from Joseph Christie announcing his res ignation from the Englewood Transportation Advisory Committee effective March 24 , 2006 was considered . d r-~ COUNCIL MEMBE {(D~c?vED, AND IT WAS sEcW,g;~fo ACCEPT THE RESIGNATION OF \-::> JOSEPH CHRISTIE FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE EFFECTIVE MARCH 24, 2006. Ayes : Nays : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley 7-0 None Motion carr ied . l lP ~ (b) A proclamation honoring Chris Ransick as recently appointed Poet Laureate of Denver was considered . J COUNCIL MEMBER 1 ~~ED, AND IT WAS ~BB~t\o APPROVE A PROCLAMATION HONORING CHRIS RANSICK AS RECENTLY APPOINTED POET LAUREATE OF DENVER. Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley t]--0 Nays : None ' / A -I / I ,... )(5* L "' I) A ,J'" A) f , Motion carried . -,....nvAM-W U ,U l,</V-,- ') l O (c) A proclamation decla ri ng Apr il 1 ?'h through Apr il 23 •d as Commun ity Development Awareness er Week was considered. {)Jd J..A JJrdA.rJ ~()~ COUNCIL MEMBER ~OVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 17t R THROUGH APRIL 23RD AS COMMUNITY DEVELOPMENT AWARENESS WEEK. Ayes: Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso , Oakley '7 -Q None +JM,O/d $fill -fo ~~-f Nays : Motion carried . c? 4 / (d) A proclamat ion declaring Fr iday , Apr il 21 st as Arbo r Day was cons idered . ....-r-._ ,1t.n sS o OaJlJ~ COUNCIL MEMBER ---1..Ul..!__~OVED, AND IT WAS SECONDED{ TO APPROVE A PROCLAMATION DECLARING FRIDAY , APRIL 21sr AS ARBOR DAY. Ayes : Council Members Barrent ine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley 7-0 None 'ttl,r.f.. /._u__ fo {t,~j . Nays : Motion carried . I) 0 (p (e) A proclamation declaring Sunday , April 23 'd through Sunday , April 30 th as Days of 0 Remembrance in commemoration of the victims of the Holocaust was considered . The Day of Remembrance , Yorn Hashoah , is April 25t h. d COUNCIL MEMBER l{.)OQ;.UWo'VED , AND IT WAS ~c~h= ~O APPROVE A PROCLAMATION DECLARING SUNDAY , APRIL 23Ro THROUGH SUNDAY , APRIL 30TH AS DAYS OF REMEMBRANCE IN COMMEMORATION OF THE VICTIMS OF THE HOLOCAUST. Ayes : Coun cil Memb ers Barren tine , Mccaslin , Moore, Wolosyn, W ood ward , Tomass o, Oa k ley 11 Q Nays : None 1- ntaAf>r W!Jlo~ ~kd "'l n (f ) A resolut ion appo inting Danielle Gregory as a Regular Member to the T ransportat ion Adv isory ?V Commi tt ee was cons idered . Mot ion carr ied . 0 Englewood City Council April 3, 2006 Page3 /(: ~~o 1,,0 COUNCIL MEMBER \ t) MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (f)- RESOLUTION NO. _, SERIES OF 2005. Vote results: Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried . 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for (1pproval on first reading . O COUNCIL MEMBER ~VED, AND IT WAS ;rr= TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). '7 --Q (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO. 5 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF A DUCTLESS EVIDENCE DRYING CABINET . Vote results: Ayes : Council Members Barrent ine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried . (c) Reso luti ons an d Mot ions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11.) Public Hea ring Items ~ \ 10 . No p ublic hearing was sche duled before Co uncil. Ordinances, Resolution and Motions (a) Approval of O rd ina nces on First Reading There were no items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) Englewood City Council April 3, 2006 Page4 (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department that Council approve a Resolution for a Supplemental Appropriation to the 2006 Budget for additional overtime for Safety Services , Fire Division in the amount of $50,000 .00. COUNCIL MEMBER ~~~D, AND IT WA;I~~i£ TO APPROVE AGENDA ITEM 11 (c) (i) - RESOLUTION NO._, SERIES OF 2006. 7-0 RESOLUTION NO . _, SERIES OF 2006 A RESOLUTION Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None (ii) Engineering/Capital Projects Administrator Henderson presented a recommendation from the Public Works Department that Council approve, by Motion, a negotiated extension of the 2003 Construction Contract in the amount of $474,720 for Concrete Utility 2006, Concrete Program 2006, and Sidewalk Missing Links 2006 . COUNCIL MEMBER ~VED, AND IT WAs1fclJ~}fEg~TO APPROVE AGENDA ITEM 11 (c) (ii) -A NEGOTIATED EXTENSION OF THE 2003 CONSTRUCTION CONTRACT IN THE AMOUNT OF $474,720 FOR CONCRETE UTILITY 2006, CONCRETE PROGRAM 2006, AND SIDEWALK MISSING LINKS 2006. Vote results: Motion carried. ') 0 Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (CJ Y,'t---' (iii) Research and Technology Manager Everhart presented a recommendation from the ~ Safety Services Department that Council approve, by motion, the replacement of previously purchased mobile radios with t~ore reliable Motorola 800 MHz model. The Motorola radios will be at the same cost, which is $114 ,671 .04~ ~ u II\ '16fl~O , \, COUNCIL MEMBER WV MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii)-/1't,~ THE REPLACEMENT OF PREVIOUSLY PURCHASED MOBILE RADIOS WITH THE MORE RELIABLE l MOTOROLA 800 MHZ MODEL. THE MOTOROLA RADIOS WILL BE AT THE SAME COST, WHICH IS $114,671.04.00. 7 _,. 0 Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None General Discussion " 1 ,2 . 10i~a) Mayor's Choice (i) .. Englewood City Council April 3, 2006 Pages , , 1g - . [UAfnUL Sf, €71J<A -~ >{.ll c. -/zt}v U ludtVl-~:r ~ , 1~~ 1%;. _ u}~ ~ JL-~I j:)Ot,nfs (b) Council Members' Choice t?;1oc,<.a,,,,,A.JUJ~\--f'Y'. ~~-~m U:>rnm. Prov. Nd-work.. ~ (o 3 (i) Council Member ~/f.1...,1 -' a)...(}J) h'L ~-k,n,_ t000 (ii) / Dfl--(iii) I oct~<iv) \ l O '2.--(v) : ,UC/LUfl6X-~ Council Member (YI t ~;0 : C-6>~• m ~ -D1..A ~ ___ _ Council Member fyUjo r1e, -~ :.v.---111 -Pol.t.-u.. ..J-Ft;;_ '(lilip@tJe_ /&.e,lv~ Council Member Q~ -a..i.al\tn-. ~ ~ w~ ou....+ CouncilMember ~O -~c~I -evn..n.,·vu-s4 d N 'i ~ '>'IA-lo l l '2,,3 (vi) Council Member /A)t)otlw{lA -~-,\,·P~-imll · ~wn f?-./ , L Prr -~oJ ~b \ ~\{),:> 13. City Manager's Report ?~'Ii I /;,IY),1..(14 nvkrJ n / ~ I f::cit oo I City Manager Sears did~ To~a~~"t--bet~o,W: U....U 1 C)L 4-/ 11 @, /l..6()n vY' U)lnfY'I .~'1 ..., ~6 ~ fil1£..fAA.f... l,,SStA-e.<J 11J ).(U-~ -~o.J <ti(!..u-o ( ~ r 14. City Attorney's Report ..J ~ ----· o- (a) City Attorney Brotzman ..... Odabaie v. City of Englewood --n--a....f-.h C (4,:..,e,,ud...LJ { '3 3.) , s. :Joum:7'"'"0 Y 8"'"'"'... Arapahoe Count)( DistOct Cou~ Case Nn D4CV365D ( 1 _ Q MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned atg, 0 9.m. ,?LOtz OYl -C6V>1M 9 0 City Clerk wwtfa»d/1-d w