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
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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.
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April 3, 2006
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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 .
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April 3, 2006
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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 .
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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.
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April 3, 2006
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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
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(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 .
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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 .
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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 :
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*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
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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
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ion
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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
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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
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3/2/2006
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.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
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>f¥J::;~
6).
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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 -
.
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(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)
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\ ~\{),:> 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
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