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HomeMy WebLinkAbout2005-07-11 (Regular) Meeting Agenda Packet.. ·• • • .. .;., .. . . • . (. ·' ... .. Regular City Council Meeting July 11, 2005 .. ..... . . : .,. . Ordinance#~~~ ~32, 33, 34, 35, 36, 37 Resolution # ~5-3-, )4, )), 56, 57, S8, S9, 60, 6t, 6~, 63-, 64, 65, 66, 67; 68, &9, 10./.12. 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87 '\,, ,,. ' ... • r I l \ ~ .... ... · • . . .. 0 . ~ • .I-, •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COU>RADO Rqular Sesllion July 11, 2005 I. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:32 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae of AIJeclanc:e The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present : Absent: A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, GlllTCU, Bradshaw, Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Aahcny City Clerk Ellis Director Olson, Safety Services Police Lieutenant Sanchez, Safety Services Director Kahm, Public Works Director Simpson. Community Development Director Black, Parks and Recreation Senior Planner Lan gon, Community Development 5 . Consldention of Minutes of Previous Sess, (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 20, l005. Mayor Garrett asked if there were any comments, discussion or cor:rcctions . There were none . Vote results: Ayes: Nay s: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett. Woloayn. Woodward, Tomasso None .( 6 . Recognition of Scheduled Public C-at (a) Donna Reeve s said first I would like to thar.k you for allowin, me the opponunily IO tpea.k IO you tonight. I own the property on the corner of Grant and Girard and thu is 3401 Soudl Onnt Saeet and I am lime IO talk to you about that property and to answer any questions you miaht have . I nociced in the 11,enda for dlil e¥elli111 that it lists me as owning 3411 SQ)ith Grant and I do not. I'm not cenain who the ow.r ia. bul I believe lhat ' • • Englewood City Council July 11, 2005 Pagel ·• • • 0 0 Marianne can address that. I want to begin by saying that I've lived at 3401 for nearly 30 years and I care very much about Englewood and what happens to the neighborhood over there. My property is being listed with the property next door, 3411, so maybe that is why there is a mistake and that is because we share one lot between us . have two and a quarter lots and 3411 has one and a quarter lots, but I want to focus on 3401 and let Marianne Farrell, who will follow me, answer any questions you might have about 3411 . I would like to give a little history of the property. My father was in construction. He bought that property with the intent of putting an apartment on it with two of his business associates. That was in 1960. And on June 20th of 1961 he applied to the City of Englewood's Board of Adjustments and Special Appeals for a variance of 5 feet that would give him the required square footage to build an apartment. And, I think you have a copy of that variance in that green book and maybe you have a separate copy as well. But as you can sec, the variance was granted unanimously. I met with Bob Simpson and Tricia Langon and was told that the variance is a historical document and it runs with the property. I believe you have a memo that she gave you as well, so that is the way it stands. There was a misunderstanding about the variance. It was originally thought that the requested variance did not address the number of units, the unit size, or parking, but after a closer look, it was found that what seemed to be a plat of the property attached to the variance was, in fact, a plot plan for an 18 unit apartment with 13 parking spaces. So if you look here, this just looks like a plat that you sec all the time, but it wasn't. And then, it is referred to again in the variance and so this has a possibility of four cars on Girard and nine cars on the alley back there. So that was what was granted. Now it may seem peculiar having 13 parking places for an 18 unit apartment, but that was in keeping with the codes in 1961 and you can ask anyone who lives in that neighborhood about the difficulty parking if you don't have off-street parking, because of the apartments around it. Traci Lynn down the street ... ! don't know how many units it has ... but it doesn't have enough parking. Anyway, that is the history of it. The intent has been and has always been to remove the existing buildings and to put something modem there. Now I am selling the property, because I don't have the resources to build something modern or nice on the comer and, because it is old and unlike modem housing, it needs constant repair and upkeep and I simply cannot do it. I keep up with it the best I can. What I would like to do is to assure my neighbors and the members of the City Council that developing the property won't change the character of the neighborhood or devalue the existing properties. It would do just the opposite ... enhance the neighborhood. And it is also in keeping with the City ofEnglewood's version of modernizing this old central section of Englewood and if you think back ... thosc of you who have been here for awhile ... you will remember Cinderella City and maybe even some of you will remember the gravel pit that was here before Cinderella City, where we are standing right now. And so you look at what's replaced it ... this building, the library, the apartments around it and you know it is really exquisite. It has turned into a very lovely area. I know that there is some concern about the property and what will happen, because it is liste(\ as land only and I've been asked what that means. And what that means, of course, is that it is to put up something modem there. And as I said. that had been the intent. I would like to give you a very brief history of the property. My father bought it in 1960, as I said, and there is a carriage house in back, which is 3405 . At the time he bought that in 1960, 3401 was a boarding house. It was owned by two sisters and a brother. The two sisters lived in two small apartments at opposite ends and bolh apartments had street access or doors that went to the street. The middle of the house had three bedrooms that were rented and there was an outside entrance o n Girard and you can still sec the remains of that. There was a hallway that came into it. In fact , I have pictures of covering that up because I had people standing in the doorway back there and it didn't really open into anything at th at rime . Bui a ny way. there was a large kitchen with an outs ide entrance that was shared and the brother lived in th e carriage ho use in the back , which is 3405 South Grant, so'it has the history of having been a dwelling and not j ust a s ingle family kind of dwclliilg , plus there arc two houses on the property. Currently, around 3401 South Grant Street. as yo u a ll know. the neighborhood has been bustling with development and it has been mostly for the elderly and d isabled and it is a perfect location for it . Everything is within two or three blocks. There is Swedish llospital. .. I always thought I could crawl up there if worse came to worse, it is so close. King Soopen and the Eng lewood Pos t Office are down there and the bus stop and now we have the lipt rail ript here . But. let me 1ive yo u some other examples. Grant Street and Sherman share a common alley and there were houses exactly like there are o n my s ide o f Grant Street . The Housing Authority bought those. I don't remember the year. bul it wu some time in the 90's that they buih the current apartments or units that ue back there just north of it and I think there may be 11 or 12 units back there. I'm not certain, but there were five houses . So, anything that would occur or m1 gh1 occ ur at 3401 a nd 3411 would be in keeping with that . Also, in the neighborhood is the Trxi LYM part menrs a nd tha t is o n the south side of the Slrcct and catty-eorncr to Grant Street. Immediately acrou the SlreCt from Grant . there o n the corner o f Girard , is a two tory apartment building. Malley Retirement Center is one and a h.ilf blod we>t and the Ass t ted Li ving Apartment Complex is on Sherman. So developing this corner would be in Leep1ng wuh the c urrent trends a nd ii certainly would be an 1mpro-n1 over the existin1 llnlelurea. And apin. I 1h1nl 11 "-OU.kl enhance the nei ghborhood and that wa the concern that I have had from the neiahbon ... i what the ' • • Englewood City Couocll July 11, 2005 Page3 heck is going to happen over here. When we look at the area, it can be seen that there have already been several developments and they greatly improved this area, plus they brought revenue to the City. And building modem structures on 1his property would continue that trend. Basically, that is what I came to explain to you, because there has been some question about it and I had received calls . And interestingly I have received calls asking if I rented to the people at 3411 and maybe there is a mistake on the books, since I am listed here as well as owning that , but I do not own that property. So if you have any questions for me, I would be happy to answer them and if not, I'll turn it over to Marianne . Thank you very much . (b) Marianne Farrell said I am a broker/appraiser with Metro Brokers representing 3401 and 3411 South Grant. She said my mailing address is 6377 South Revere Parkway, Centennial 80111 . I did distribute the green binders and mostly this is a reference tool for recognizing where the property sits and, in fact, you may have noticed this property has been for sale for coming up on a year . And a lot of it had to do with market values at the time and various other issues, not the least of which was ... what would the variance allow? Upon retrieving a copy of the variance we, in fact, have di scovered that the variance has become an historical document and we have been told it does go with the property. The reason we are here tonight is just to have the final agreement with the City Council that, in fact, the property can be developed in accordance with the variance that wu passed in 1961. The property is zoned MUR -3-B according to the latest UDC Codes that Englewood had worked on so diligently for three years and came out in 2004. Again, if you look at these properties, you can see that in fact they have exceeded their life line . The life line of a neighborhood and properties is that when the neighborhood is fust built, the properties accelerate in price and appreciation then they don't accelerate as quickly and continue to level off, then the y plateau and decline. When in fact, that is exactly where these properties are ... thcy are in a very declining mode . Since we do want to foc us on 3401 South Grant, it needs to be noted that that property does exist on three lots minus 5 feet and I joined it in a listing with 3411 , bccaUIC that is one lot plus 5 feet , so that gave me a tolal of four lots. The variance on 3401 South Grant, joining with 3411 . gives us additional parking spaces and that is pretty much the idea we had there . There really is no down side to developina this property . I mean. who would Wllll to continue to have the existing properties there in the llalC that they are in when, in fact. the ICllen are not capable of restoring or repairing those properties and they will continue to decline . So there is no down side to demolisbina 1hose properties and construc1ing new properties. COllllrUCtina new properties is consistenl with the new construction and new development that is continuina to go on in zip code 80113 . "5 noled in the memo in the fronl of the binder . the Denver Seminary is. in fact. goina to be demolished and they are aoina to build 325 units there, so agai n. it is an e ,ucnsion of the JL'1l ification of this particular pan of Enpcwood. We did include pic1UJl'C& of tbc properties. just to refresh your memory . Cresccnl Court, which is the Housina Authority project jllll Wal of this propen y ... how beautiful that is and well maintained. This would be in acl:Oldancc wilb that. I lllodid an appnilal JUSI for re ference . just so you could sec that there an: other properties bcina dneloped. It ia illleralina, in the -iti- h 1 ... th1s docs not refer to all the Arapahoe Cooney records ... bul in the multi -lill back IO 2003, there haa 11111( becn one new house bu ilt from the pound up . There have been hoUles remodeled. there have "-i hoUles IOld IO be 10m down. bur there has not been a new one come from the pound up. that has been referenced in the multi-list. ThcR wa a propcny for sale tha t they were aski ng $799,000.00 for, in 1111icipalion of dernolishina the c xislins llnlttlft and rebuilding a new one , bu1 in fac t ended up just sellin1 the 1oc and not doins the comttuction thM -lllhenised and 1ha1 ,.enr for S 130.000.00. Aaai n. we are here just to seek. for a lac k of a bcttff ICmL domi-vobiscwn on thas variance thal we may go forth and develop it. We have potential buyers worki n1 with us ript now and if in fact an I uml bu1lding I not what the Ci ty Council would apcc with. then we would ask you IO counsel usu IO wtlat you ,.ould :ll'CCpt. I will turn it back to the Ci1y Council. Thank you. Mayor Garrett said thank you very muc h. I 1ucss be fore we move on. it appears to ... that the iuue ia whedlff the van nee of 1961 1 applicable to build an 18 unit apartment complex and whcchcr lhey can do 111M Ulilla 11111 variance . Clearly we need to look to our lepl COUIIIC I to 1ive us a lcpl opinion on thM . Do you Med IO tab ti• IO review 11? C'11 norncy Brotzman said the answer I thi The 196 1 8ollnl of Ad,;--. variance~ widi die property. If 1hcy want to build uaclly what that variance rc,quirel. they an budd thal. Thal,_ with die lud. If dlcy -IO build mething other tha n what the 1961 vanance pve thnl. thcft they t.ed IO go bac k IO die Bolnl ot ~ nd ppcal nd get 1ha1 apprmcd MayOf Omen id the qurs11on then '*hethcr die vanance .tlowed 6 ' ... .. • • Englewood City Council July 11, 2005 Page4 •• • 0 City Attorney Brotzman said right and Mr. Simpson has said it is 6 units . That decision is also appealablc to the Board of Adjustment and Appeals. Mayor Garrett said so if they want to use the variance of 1961 to build 18 units, they just go to the Board of Adjustment and Appeals for a ruling, basically, or declaration on what that variance meant. Mr. Brotzman said correct. Mr. Garrett said if they want to build something different than that, they need to go through the Board of Adjustment and Appeals or Planning and Zoning depending on what they arc doing. Mr. Brotzman said right. Council Member Bradshaw said my concern is the venue is there for them to go to the Board of Adjustment and Appeals ... not come to Council ... to go to the Board of Adjustment and Appeals. Ms. Farrell said I just need a point of clarification. If I heard the City Attorney correctly, he said the variance goes with the land. Mr. Brotzman said correct. Ms. Farrell said the variance refers to 18 units. Mayor Garrett said that is a subject of debate. The City's Community Development Department has opined that it is 6 units, not 18 . So, if you disagree with that interpretation, the Board of Adjustment and Appeals is the proper forum for you to say we think there has been a misinterpretation by the Community Development Department, that it should be 18 units and then you would go from there. Ms. Farrell said ... and I don't mean to persist in an argume ... but it clearly says at the bottom of the variance an 18 unit apartment. Mayor Garrett said we arc not in a position to discuss the merits of the variance. Ms. Farrell said I understand, thank you. Council Member Bradshaw said the Council does not give variances. The Board of Adjustment and Appeals docs. Ms. Farrell said I understand. Thank you. (c) Greg Sampier said I appreciate your consideration of L"ic proposal that I have before you. We are not asking for specifications of anything, just if City Council can see their way clear to assist in any way, it would be deeply appreciated. The funding that you could pocentially provide would go toward the GolfTournament ... helpina to kind of better this tournament and in turn, better things for Brian and his family. They are doing well, they really arc. The kids arc growing up. In the binder I presented to you there are several photographs that I wanled you to sec. Those photographs were taken almost a month prior to his accident. And I tried to i nclude some thinp that he has endured through therapy. He has worked hard. There arc also some pictures after the fact. The thenpy goes o n. He is working hard and his attitude has always .been good. And every now and then the old Brian comes c reeping o ut and gets you with a good one. We arc real proud of what he is doing. As I said, I won't take a lot of your time and belabor the issue. You have the material there and if you can assist, it would be deeply appreciated Mayor Garrett said thank you very much . Mr. Sampicr said thank you very much for your time, I appreciate it. (d ) Mary Ellen Mc Pherson said I have lived at this same place at Fox off of Oxford for almost 40 years and never had any problems until about five years ago. And briefly I can tell you a lot of these problems have to do with the signs. My first problem was in February of 2000 and this had to do with the air hap in my Ultima Nissan bl owing up at the comer o f Oxford and Broadway. There was no accident, but I got a ticket and of course the accident caused me a lot of problems. They called it a closed head injury because of the exploaion of thole air l>ag . The Ni ssa n Company. last year, announced that they were faulty . Sometimes, because of salt in the aaects or going over a c urb, which I didn't, would cause the air bap to explode. So I have had somewhat of a hcarina problem from that , and balance and so forth . I did get a ticket because the policeman wu confused because with my c ar just barely touching the car in fr o nl of me. and usually you should be back about four feet, l>ut the air hap exploded and naturally my foot went off of the brake and the c.v was still in scar and so a car can crawl . That is my first prol>lem. I think maybe I got rid of that ticket, because the policeman couldn't quite understand why my car was up against it. Okay, the next accident I had was on my own street and an immipant ... thal didn't have a hccnse ... on Fox Street and Nassau ran into me. smashed that car up and I couldn"t even act out. Nobody wu there to .cc it and I was only one block from my house and I wcnl up 10 call the police to help me. because the car wu ' ... .. • • Englewood City Council July 11, 2005 Pages ·• • • s mashed and I came back and I got a ticket because of leaving the scene of an accident. Of course what I did, I had to crawl out of the other side of the car in order to walk up the block to my house and call, because there was nobody there to sec it. So that was a ticket and that was in 2003. Then the next ticket I got was when I. . .I get kind of forgetful. .. this last one was in July of 2004. This is the worst one ... the insurance company pays because the laws changed, I can't remember what they call it, and so the Federal Express trailer smashed that car to pieces, and I say to pieces, I mean both times they were completely demolished. I was taken to the hospital and then a policeman came to the hospital ... and I was almost out of it ... because of that accident ... and gave me a ticket. And it was on the same street of Oxford and Broadway. This is where my problem is. For 40 years I have made the tum at Bill Smith's Plumbing Company and everybody else and the merchants turn right on to Broadway. But evidently, according to the sign, which was wrong, only the middle lane could turn on Broadway and everybody else who had turned on the curb side ... was at fault. Again, I got a ticket and Ken Ross went to the Judge with me and I had to pay $80.00 and the next day they changed the sign so that right now it says "Right Turn Only" on the curb side and the next lane has to go straight ahead. Again, I get a ticket. And that one was a really bad one. I was in the hospital and my bill was $8,000.00 for the emergency room for all the tests. And again, there is all this noise. I have to wear these hearing aids in my ears in order to hear what people are saying. They called it "closed head injury" because of all of these noises and everything. Now then, the last ticket that I got was just about a month ago and it was on Windermere coming toward Oxford again ... right in my own neighborhood. On Belleview where I picked up this friend, she had been in the emergency room and I picked her up off of Belleview and I came down Windermere because I knew it wouldn ··t be crowded, and so I guess I was going 40 miles on Belleview and when I lllmCd I was still going 40 miles and two men on motorcycles stopped me and they said I was going 40 miles. I got a ticket and that o ne cost me ... that was recentl y ... and that was $120.00. One other ti cket that I forgot between there was on Oxford Street again and I was on the lane going to the Rec Center, where I had been going for 10 years ... off of Fox ... and there was a car in front and a car in back and I was in the middle lane, but I had to get over to the side lane in order to make the turn, there was a cop right there on Huron Street waiting. It should be a passing lane there. There shouldn't be just one lane in the middle of Oxford to try to make the turn. I got another ticket there for $80.00. So anyway. a friend of mine said she got a ticket on the opposite side, on the curb side, she said that her tic ket was only SIS .00 ... the Judge dropped it to SIS.00 ... and the Judge charged me $80.00. Now this last one, I forgot that one was in the middle ... that one was about in 2004 or still 2003. I have never had a speeding ticket before in my life. I've never had any ticket for doing anything that I know is wrong, but I've got all these funny tickets now against me . I'm not happy. I want to leave Englewood and especially the address where I live, you know. And if there was a cop car with lights blinking on Windermere, I would have wanted to make sure that I was not go ing too fast. even though it is not a residential area or cars are not parked on the side, but these two moto rcycles were just waiting to pic k up people, because they knew that people on that street might be, you know, goi ng a little bit faster. My pastor who lives in Highlands Ranch ... he is a very good driver ... he got a ticket that same d ay coming down there and he lives in Highla nds Ranch . I went to the Rec Center that morning after I took care of my friend that was ill a nd a woman there said she had gotten a ticket also coming down Windermere that day. I said well the y s ure made a lot o f money. And that t ic ket was my last ticket and that was a month ago and that was $180.00. all because of my bad situations o f unlicenscd ... and the one was an unlicensed immigra nt, uninsured driver. And my insurance company has now dropped me because of all of these incidents. none o f which I was responsible for . Then, one last t hing, wh ic h docsn 't have to do wi th a tic ket. I live o n the corner o f Nassau and Fox and that street has never been paved. It is called Nassau Street . It 's neve r been paved and they don't e ven keep it up wtth gravel and there a re all these weeds in the street. It has caused my dri ve to be broken up . it has caused weeds to come into my yard from t hese weeds in the street. I have complai ned a bout that. but they don't do anything bout that . And they told me to come in and announce that at the City Council meeting . Nassau Street on Fox never has been paved since we 've owned that propcn y and so I have weeds that arc into my yard that shouldn't be ... becausc weeds are in the s treet . They don't even g ravel it. Dr. Milligan live s right at the bottom of that strect ... he's my neighbor ... or course they had a fire and they don't live there any more. So any way. I didn't even know I was going to be on here . I was ju t told that I could come and talk a bout my problems to the City Council. I almost dijtn 't come. so I didn't know I wa goi ng to be here. A nyway, those are my problems wi th the signs and uckets ... S 120.00. because of my tickets and I've never had a tic ke t flX speed ing before °' flX doi ng anyth ing wron g. Mayor Garrett said thank you very much . Council Member Bradshaw said thank you Mary Ellen. ' • • Englewood City Council July 11, 2005 Page6 There were no unscheduled visitors. 8. Communications, Pr.lclamations and Appointments COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a) THROUGH 8 (v). (a) A proclamation declaring the month of July as Parks and Recreation Month . Director of Parks and Recreation Jerrell Black accepted the proclamation . There was applause. (b) A proclamation expressing suppon for the American Cancer Society's Relay for Life . Mr. Marc Ogonosky accepted the proclamation . There was applause . (c) RESOLUTION NO. 52, SERIES OF 2005 A RESOLUTION CONFIRMING ERNIE ARTERBURN'S APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (d) RESOLUTION NO . 53, SERIES OF 2005 A RESOLUTION REAPPOINTING HEATHER BARTUNEK TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (e) RESOLUTION NO . 54, SERIES OF 2005 A RESOLUTION RECOMMENDING BEVERLY BRADSHAW FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (f) RESOLUTION NO . 55, ,SERIES OF 2005 A RESOLUTION APPOINTING JOHN BRICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (g) RESOLUTION NO. 56, SERIES OF 2005 A RESOLUTION APPOINTING MARK CRAFT AS AN ALTERNATE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO . 57. SERIES OF 2005 A RESOLUTION REAPPOINTING PAUL HENDRICKS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO . 58, SERIES OF 2005 A RESOLUTION APPOINTING DAN JENSEN TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. (j) RESOLUTION NO. 59. SERIES OF 2005 A RESOLUTION APPOINTING CHAD KNOTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . ' . .. •' • • -- Englewood City Council July 11, 2005 Page7 (k) RESOLUTION NO. 60, SERIES OF 2005 0 0 . A RESOLUTION APPOINTING RANDlA LAGA TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. {I) RESOLUTION NO. 61, SERIES OF 2005 A RESOLUTION APPOINTING RANDIA LAGA AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COWRADO. (m) RESOLUTION NO. 62, SERIES OF 2005 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (n) RESOLUTION NO. 63, SERIES OF 2005 A RESOLUTION REAPPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COWRADO. (o) RESOLUTION NO. 64, SERIES OF 2005 A RESOLUTION APPOINTING HOLLY MONT AGUE TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO. 65, SERIES OF 2005 A RESOLUTION APPOINTING MARTY MOSMAN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COWRADO. (q) RESOLUTION NO. 66. SERIES OF 2005 A RESOLUTION REAPPOINTING KRIST A NIEDERJOHN AS A YOlfTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (r) RESOLUTION NO. 67, SERIES OF 2005 A RESOLUTION APPOINTING MARC OGONOSKY AS AN AL TERNA TE MEMBER TO THE CODE E NFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COWRADO. (s) RESOLUTION NO. 68. SERIES OF 2005 A RESOLUTION APPOINTING MARC OGONOSKY TO KEEP ENGLEWOOD BEAtrrIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (t) RESOLUTION NO. 69, SERIES OF 2005 A RESOLUTION REAPPOINTING STEVE SCHALK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD. COLORADO. (u) RESOLUTION NO. 70, SERIES OF 2005 A RESOLUTION REAPPOINTING DONNA SCHNITZER TO THE CULTURAL ARTS COMMISSION FOR THE C ITY OF ENGLEWOOD. COLORADO. (v) RES OLUTION NO. 7 1, SERIES OF 2005 t •' • • Englewood City Council July 11, 2005 Page8 A RESOLUTION REAPPOINTING MAGGIE STEW ART TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes: Nays : Motion carried. Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett presented certificates and City pins to all the appointees in attendance. Council Member Wolosyn said welcome to everyone . I will sec some of you tomorrow night. There was applause. Mayor Garrett said the City would like to thank everyone who does volunteer on the Boards and Commissions. A lot of you have served on various boards for several years. 9. Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (U), (ill), 9 (b) (I), (U), (ill), (Iv) and 9 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR FYOS MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM FOR TRAFFIC EQUIPMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD, , COLORADO. (ii) COUNCIL BILL NO . 35, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 1, 2005 . . (iii) COUNCIL BILL NO . 33 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZJNG THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT ''THE JUSTICE ASSISTANCE GRANT' BETWEEN THE CITY OF ENGLEWOOD, AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM WHICH IS FUNDING FOR A NEW MOBILE DATA TERMINAL SERVER TO RUN NCIC/CCIC CLEARANCES . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 27. SERIES OF 2005 (COUNCIL BILL NO . 26, INTRODUCED BY COUNCIL MEMBER BRADSHAW ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLORADO (CCNC)J . !• ' .. • • Englewood City Coundl July 11, 2005 Page9 0 . (ii) ORDINANCE NO. 28, SERIES OF 2005 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE ADOPTION OF THE "ENGLEWOOD STORM DRAINAGE CRITERIA MANUAL" FOR THE REGULATION OF THE STORMWATER UTILITY WITHIN THE CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO. 29, SERIES OF 2005 (COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED W AIYER OF THEW ASTE TRANSFER SURCHARGE. (iv) ORDINANCE NO. 30, SERIES OF 2005 (COUNCll. Bll.L NO. 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT-OUT OF MUNICIPAL CANDIDATE NOMINATION VACANCY PROVISIONS AS SET FORTH IN THE MUNICIPAL ELECTION CODE OF THE COLORADO REVISED STATUTES. ( c) Rcsol utions and MotiollS (i) The purchase of one 250 Gallon Melter Applicator for melting rubber and filling cracks from Denver Industrial Sales and Service Company in the amount of$36,797 .00. Vole results: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None No public hearing was scheduled before Council. 11 . Ordlna!KeS, Resolution and Motions (a) Approval of Ordinances on First Reading There were no additional items submiued for approval on first reading. (See Agenda Item 9 • Consent Agenda.) (b) Approval of Ordinances on Second Reading (i) Council Bill No. 14 , as amended, approving amendments to the Englewood Municipal Code penaining 10 Fences. Wall s and Visual Barriers of the Unified Development Code was considered. CO NCIL MEMBER WO~YN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b ) (I)· COUNCIL BILL NO. 14, AS AMENDED. OUNCIL BILL NO. 14. INTRODUCED BY COUNCIL MEMBER BRADSHAW AN OR DINAN E AMENDING TITLE 16. CHAPTER 6. SECTION 6, OF THE ENGLEWOOD MUNICIPAL ODE 2000. WHICH PERTAINS TO FENCES AND RETAINING WALLS. t a Of G;arreu asled if there was any comment. t • • Engle.wood City Council July 11, .lOOS Page 10 Council Member Bradshaw said this is the fence ordinance as amended? Mayor Garrett said yes with changes made by the City Attorney's office. City Attorney Brotzman said you actually have alternative language regarding the ownership waiver on the very last page. (Clerk's note: Amendment : I QwgqshiP Waim An OWQGC PMY apply 19 build in the Citx risbt-0f-wax YR IP the edge of the sidewalk bx 1i1oin1 an cgcrpacbrnco& avrcJPGot subiM to 1M tmm IJKl rgqjctiom of I 1-3-4 EMC An Owner max waive the OAF foot C 1 'l DiM[ictioo of fl2XsX4l or Hl2l by 1i1oio1 1 waim of 41'DIBG from sidewalk CFP:lir or [CQIMFFPJFDI 1 Council Member Bradshaw said okay, good . What this allows is for people to build fences right up to the sidewalk if they sign a waiver, because they would be encroaching on the one foot that we always held back in ci.se there would be damage to any thing they would put there . But if they sign a waiver, then it is their liability . Mayor Garrett said we want this language inserted into the ordinance . Ms . Bradshaw said right. Mayor Garrett said are we all clear on what we are voting on? Any other comments? Council Member Wolosyn said will this go on second reading or does it go back to first reading? City Attorney Brotzman said it will be published in full and come back to you one more time if you include the alternative language. Mayor Garrett said we will sec it one more time. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, GarTett. Wolosyn, Woodward. Tomasso None (ii) Council Bill No. 16 vacating rights-of-way on three,l'U"CCls localed within or adjacent to the Littleton/Englewood Wastewater Treatment Plant was considered. Council Member Bradshaw said this cleans up the land ... all that land then is all cleaned up down there? So everybody knows who owns what? Okay. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II)· ORDINANCE NO. 31, SERIES OF 2005. ORDINANCE NO. 31, SERIES OF 2005 (COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE VACATING THREE PARCELS OF THE RIGHT-OF-WAY LOCATED WITHIN OR ADJACENT TO THE LITILETON/ENGI.EWOOD WASTEWATER TREATMENT PLANT (UE WWTP). Mayor Garren asked if there were any comments or discussion. There were none . Vote results: Ayes: Nays: Motion carried . Council Members Barrentine. Moore, Bradshaw, Garrett. Wololyn. Woodward, Tomasso None (c) Resolutions and Motions t .. • • -- Englewood City Council July 11, 2005 Page 11 •• • • There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Choice (i) Mayor Garrett said I would like to point out that due to the hard work of some of the Council members here, the City of Englewood was a participant in the Habitat for Humanity project and I want to show the plaque they awarded us at the opening. This should be on display somewhere in City Hall. It was a very nice ceremony and I would like to thank several members of City Council who did a lot of work over there. The house came out very nice. Council Member Bradshaw said I can't believe the difference, it is gorgeous. (ii) Mayor Garrett said we had this discussion during the Board and Commission interviews, but I don't think we ever formally talked about it . The provisions on Code Enforcement suggest that we have a second Council liaison. Jim had talked about being a part of that and I just want to make sure that we are all on board with that one. We talked about it, but we didn't address it in formal session. Jim is the second liaison for the Code Enforcement Advisory Committee, because the Charter provides for a second one. C o uncil Member Bradshaw said oh good. Mayor Garrett said he volunteered for that. Ms. Bradshaw said because we had two on at the very beginning. Mayor Garrett said yes and one member resigned from Council and had not been replaced. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I wanted to let everybody know that Positively Englewood held their third bike giveaway for the 4"' of July. Since we have been doing a lot of this with Parks and Recreation ... displaying the bikes over at the Recreation Center ... Parks and Recreation youth member Rebecca Laughlin, was nice enough to get an organization that she works with to help us . We went over to Belleview Parle for this particular give away. We had approximately 30 kids picking up trash and if they gave us a bag of trash that they picked up in the park. they got an entry for this bike that we gave away that day. We had about 30 of them. We got a nice picture of them in front of thi s whole big pile of trash . That park really looked pretty darn clean when we were leaving so I was pretty impressed, with at least our section of it . And what the girls did, which I appreciated, was to make sure that as many people in that park that were there for the 4• of July festivities knew about what we were doing. So they gave people a trash bag, a flyer and explained what we were doing. We had a five year old, a very nice young man named Tyler, who had won the bike the month before in a drawing, pick the name so that we wouldn't have any things going on there . He was very cute. He picked the name out and a young teenager. a young man who had just gotten hi s first summer job ... unfortunately, also had just gotten his bike stolen a couple of months before. So he was really grateful to have that new bike . We just had a great time. It was a great event. I wanted to extend my thanks for supporting that and note that the Parks and Recreation Commission has also have been very supportive of the things that we have been doing. We arc trying to come up with our next one for August. We will be putting up some advertisement for that . I wanted to say thank you to her and her family and also thanks to Positively Englewood for continuing with this . It has been very nice 2 . She said thank you to all the people who serve on Boards and Commissions. I did stan, as Mayor Garrett said . on the Liquor Board as soon as I moved into Englewood. It was an excellent way to act to know other people in the community and the issues that were going on. I can't tell you how imponant it is and how much I apprecillC when people take the time, whether it is something with Positively En&lewood or the hard wortc that you do on the Bo ards and Commissions 10 help the City function and give the citizens in this community a voice. 3. She said I wanted to also thank Rick. Public Works seems to be continually in the middle of the fray of thing . The first o ne was for the Women's Open Golf Clas ic . We had a citizen who lives up by the Denver e manar y had a concern and trying to be proactive. because so many of these thinas, once they are done, it is a little ' .. ,, • • Enpewood City CouncU July 11, 2005 Page 12 Q . hard ... you are in the middle of it, it is too hard to put something together. I talked to him during the course of that week, very early on he went out there, checked, found out that there was going to be a huge parking problem for that community over there. They were able to put up some signs requesting people be considerate of the community. It worked . They were very happy. They didn't have a problem. There is no way of knowing that something like the Women's Open will get the attention it got, when you've got a few players that all of a sudden start getting a lot of publicity . So they were very proactive ... the community, and they were very happy . I got several phone calls from people who were just very impressed with the way you handled that. She said the last one was the concrete issue . Apin, I just really appreciate that you jumped on it as fast as you did with someone who wanted to buy in on that concrete program . She said as weird as it seems, I just like that I live in a City where people care enough. A woman who had talked to All Souls about their development and just wanted to keep her little piece of the view of the mountains and he was instrumental. .. and several people, including Ladd ... in making sure that they kept to their original plan, so that this woman could, as they agreed on in the beginning of that development. keep her little view of the mountains and those kind of things are important. I wanted to tell you thank you very much, as usual. It is just fantastic being in Englewood, so thanks. (ii) Council Member Moore said I enjoyed the fireworks show. It was a beautiful display. (iii) Council Member Bradshaw: I . She said I enjoyed it 100. Thank you Public Works, or Michael in particular, for getting the sign f~ our block. I live on South Elati Drive and the first year we didn 't have it ... a barricade ... and we had 50 cars just park on our block and the tradition of our neighborhood is to sit in the cul-de-sac and watch the fireworks display as a group and there was no room to do that. So, thank you Michael . I really appreciate it. 2. She said the other thing I have is the Relay for Life is going to be held at Belleview Park August 20-21 and Gabriel Allen asked me to talk to Council about waiving the fee for the banner. This is a fund raiser for Cancer and the fee is $150.00 to put a banner up. · They did get the banner donau:d by someone, which is awesome, so I would like to put it before Council in the form of a motion that we waive the fee for the Relay for Life banner. Council Member Woodward ,aid they have a spot reserved already on Broadway? Ms. Bradshaw said they have a spot reserved through Rick . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO WAIVE THE BANNER FEE OF $150.00 FOR RELAY FOR LIFE. Mayor Garrett asked if there was any discUS!ion. There was none . Vole ttSUIIS: Aye : Nays : Motion carried . Council Members Barrentine, Moore. Bradshaw , Garrett, Wolosyn, Woodward. Tomasso None Counc il Member Bradshaw said thank you . I am a cancer survivor, so they also asked if I would read that proclamation that night, unless you would like to do that. Okay, so I will take that down to them. 'Thank you . (iv) Council Member Tomasso said I would like to thank Darren Hollinaswonh for trying to re tain an E nglewood businc that is moving. This will be the last weekend, I believe, for "Weekend Books" which 1~ located on South Broadway between Bates and Amherst . Ms. Bradshaw said what is it? Mr . Tomasso said "Weekend Books" i a book store that is open Friday, Saturday and Sunday . There was a chanae in landlords . They me t the landlord once and decided to mo,·e . Darren talked to them and tried IO find them a new location in Englewood and hasn't been successful. but he did conlaCl them. So, I would like to thank bim for bis efforts. (v) Council Member Woodward : ' .. .. • • -·· Englewood City Council July 11, 2005 Page 13 1. He said I want to compliment Neighborhood Watch and the City of Englewood and South Suburban on the 4111 of July celebration at Comerstone and Belleview Park. Also, Safety Services did a great job, in my opinion, in gcning people in and out and keeping them safe. So thanks Chris and please pass that on. 2. He said also I wanted to comment, I think like Lauren had mentioned, that I am really impressed with the quality of the people that come forth for Boards and Commissions. This is the second time that I have been involved in the interview process. It is a real pleasure to see all these people and the quality of the people that arc coming forth . (vi) Council Member Wolosyn said two weeks ago Transit Alliance held their quarterly meeting here and I wanted to thank Susan Werntz and Sue Bnidshaw for helping me host a very successful lunch. They made us look really good. 13 . City Muqer's Report (a) City Manager Scars said I really don't have any thing other than the request for the Brian Mueller Fund Raiser/Golf Tournament. Council Member Bradshaw said I'll see what money we have. Mayor Garrett said that information will be helpful. Ms. Bradshaw said okay . ••••• Council Member Woodward said Your Honor, I have one other question. Do we have a date set for the Boards and Commissions Ice Cream Social? Mayor Garrett said not yet. City Manager Sears said one suggestion was the meetins in August. But that is up to the Council to make that decision. We can hold that at a District meeting and possibly have recognition for the Board aoo Commission members that night. It was determined that Council Member Moore is hosting that meeting. Council Member Moore said will it just be in conjunction with the neighborhood meeting? Mayor Garrett said it would be whether we want to have both the same night. or try to separate the two events. Mr . Moore said I'm fine if we combined the two events. Council Member Wolosyn said I was thinking of Romans Park. Mr. Moore said that would be nice for that. Let's do that. Mayor Garrett said the 22nd of August I think is the Community Meeting. We could have it at Romans Park and invite the Boards and Commissions to come. Council Member Bradshaw said yes, that makes sense 10 me. City Manager Sears said John, then we would still have some time for a neighborhood comments section. Mr . Moore said start with the meeting and then adjourn 10 the Ice Cream Social. 14 . City Attorney's Report (a) City Attorney Brotzman said I have one matter, which i., the settlement of Harrison cue. lu Pirates Cove was being constructed we ran a water line across the park . Ms. Harrilon fell at the Lion's Club train and was injured severely. The insurance company for the subcontractor in this mancr hu indemnified the City. They are settling this matter for half a million dollars. so my request is to accept that settlement that the s ubcontrac tor pay Ms. Harrison that . ,, ' ...... • • Enaltwood City Cou!lldl July 11, 2005 Page 14 Mayor Garren said this is not proceeds of the City? Mr . Brotzman said no , it is coming directly from !be insurance company for the subcontractor . Mayor Garrell asked if there were any questions for Mr . Brotzman regarding !be IClllement. Council Member Bradshaw said it is really unfortunate . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE SETILEMENT OF THE HARRISON CASE FOR $500.-..,0. Mayor Garren asked if there was any dilcussion. There was none . Voteresulb: Ayes : Nays : Motion carried . Council Members Barrentine. Moore. Bradshaw, Gureu. Wololyn, Woodward, Tomasso None City Attorney Brotzman said in conjunction with that ... from !be outaide COUIIICI worltina on lhi1 cue, we would like to show our appreciation to Rick Kahm and his staff, and especially Da11e Coffman for 1neltin1 lhil cue. Dave's hard work was largely responsible for the fauh being found to be !be subcontractDr. Mayor Garren said thank you very much . • t .. • • 1. 2 . 3 . AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 11, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 17 :j;;_~ Invocation. ~.4,,/ Pledge of Allegiance.~ 4. Roll Call. ttt/ J ~ 5. Consideration of Minutes of Previous Session. Minutes from the Regular City Council meeting of June 20, 2005. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Donna Reeves, owner of 3401 Mii l H+ South Grant, will be present to discuss the zoning variance on her property. (For background information on this issue, please see memorandum from Community Development in the Council Newsletter.) b. Marianne Farrell, a Farrell Sales & Service/Metro Brokers Realtor representing 3401 and 3411 South Grant, will be present to discuss Zoning Variance #61-192 on this property. c . Greg Sampier will be present to discuss Brian Mueller's Fund Raiser/GolfToumament sched uled for August 18, 2005. d. Mary Ellen McPherson, 4001 South Fox Street, will be present to disc.uss her Englewood traffic tickets . 7. 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 con tin ued to General Discussion .) ~ Please note : If you have a d,sabilily and need auxiliary aids or services, please notify the Cily of Englewood (303-762 -2407) at least 48 hours in advance of when seivices are needed. Thank . t • t • 0 Englewood City Council Agenda July 11, 2005 Page 2 orrJ7-°Com~=-::~~ i~~~V a. A proclamation declaring the month of July as Recreation and Parks Month. b. A proclamation expressing support for the American Cancer Society's Relay for Life. ~5J__c. {k#63 d . ~e. ~-/k55f. ~g. ~6?h. ~~- ilu!J01;. ~//0 k. ~-,4-~/ I. M~Am . M3n . ~=frh/o . bMrfK'P · ~:/f~6q. ~t/Jr. A resolution confirming Ernie Arterburn's appointment to the Englewood Housing Authority. A resolution reappointing Heather Bartunek to the Cultural Arts Commission. A resolution recommending Beverly J. Bradshaw for dppointmenl lo the Englewood Housing Authority. A resolution appointing John Brick to the Planning and Zoning Commission . A resolution appointing Mark Crah as an Alternate Member to the Transportation Advisory Committee. A resolution reappointing Paul Hendricks to the Code Enforcement Advisory Committee. A resolution appointing Dan Jensen to the Liquor Licensing Authority. A resolution appointing Chad Knoth to the Planning and Zoning Commission. A resolution appointing Randia Laga to the Code Enforcement Advisory Committee. A resolution appointing Randia laga as an Alternate Member to the Planning and Zoning Commission . A resolution reappointing Rebecca Laughlin as a Youth Member to the Parks and Recreation Commission. A resolution reappointing Margaret McDermott to the Alliance for Commerce in Englewood . A resolution appointing Holly Montague to the Keep Englewood Beautiful Commission . A resolution appoin ting Marty Mosman to the Code Enforcement Advisory Committee. A resolution reappointing Krista Niederjohn as a Youth Member to the Parks and Recreation Commission . A resolution appointing Marc Ogonosky as an Alternate Member to the Code Enforcement Advisory Committee. Please no te : If you have a disability and need auxMiary aids or services, please nodfy the Oty of EnaJewood (3 03-7 62 -2 407) at least 48 hours in advance of when services are needed. Thank you. ,, t ... .. • • Engle-.yood City Council Agenda • July 11 , 2005 Page 3 A resolution appointing Marc Ogonosky to the Keep Englewood Beautiful Commission . A resolution reappointing Steve Schalk to the Alliance for Commerce in Englewood . A resolution reappointing Donna Schnitzer to the Cultural Arts Commission . A resolution reappointing Maggie Stewart to the Cultural Arts Commission . fJ-Oco~~~ ~A{#JJ~A~ 941)1;11/ . fJf/" a. Approval of Ordinances on~. 9 ~/~ i 0i Jjy--;/ rlt..1 i. Council Bill No. 34 · Recommendation from the Department of Public Works to enter into an Intergovernmental Agreement (IGA) with the Denver Regional Council of Governments (DRCOG) for 2005. This IGA will allow DRCOG to reimburse the City of Englewood for the signal system equipment purchases in the amount of $30,000 related to the FY05 Miscellaneous Equipment Purchase Program. STAFF SOURCE: Rick Kahm, Director, and Ladd Vostry, Traffic Engineer. ii . Council Bill No. 35 -Recommendation to adopt a Bill for an Ordinance approving an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 1, 2005 Coordinated Mail Ballot Election. Based on the known facts, the cost of the 2005 municipal election has been budgeted at $25,000. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services, and Loucrishia A. Ellis, City Clerll/Election Commission Member. iii. Council Bill No. 33 -Recommendation from the Department of Safety Services to adopt a Bill for an Ordinance authorizing acceptance of the Justice Assistance Grant for a new mobile data terminal server to run NCIC/CCIC clearances. STAFF SOURCE: Byron Wicks, Commander. b. Approval of Ordinances on Second Reading. ~~?i. tJ2i #-:i-r ii. /)) d I-.).. 7 iii. m#11J iv. Council Bill No. 26 authorizing an Intergovernmental Agreement regarding shared use of Arapahoe County's Radio Communications Network System. Council Bill No. 27 approving a Storm Drainage Criteria manual Council Bill No. 28 extending the limited waiver of the Waste Transfer Surcharge until December 31, 2007. Council Bill No. 29 to opt-0ut of City Council nomination petition vacancy commi ttee provisions as set forth in Stale Statute. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2407) at least 48 hours in advmce of when services are needed. Thank you. ' . .. .. • • --... Eng lewood City Council Agenda July 11, 2005 Page 4 c . Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by .!)ljron, the purchase of one 250 Gallon Melter Applicator for melting rubber and fi ing cracks. Staff recommends awarding the contract to the sole bidder, Denver Industrial Sales and Service Company, in the amount of $36,797. STAFF SOURCE: Rick Kahm, Director. 10. Public Hearing Items. (No Public Hearing Scheduled.) ff 11. Ordinances, Resolutions and Motions. ~MIit/~ a . b. Appr~rdinances on First Reading . Approval of Ordinances on Second Reading. I:~ a ·- ~ +eo----e, •• leteArHHf:ppy eete•aw,,.,,.1w eeire --·--• e<P ·HftHC M Qwe-1-eemteCIJ e<cmYslflsOOlP_,.,,.fi ___ ,,.,,,. __ Council · , as amended, approving amendments to the Englewood mcipal Code pertaining to Fences, Walls and Visual Barriers of the Unified Development Code.~ Council Bill No. 16 vacating rights-of-way on three parcels located within or adj~cent to the Littleton/Englewood Wastewater Treatment Plant ~ c. Resolutions and Motions. ~ 12. General Disc ussion : a . Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. APP'D 7-0 BRADSHAW MOIIED TO W/INE THE BANNER FEE OF $150 .00 FOR RELAY FOR LIFE rt d l'/o1· Se ttlement of Harrison v . City of Englewood No. 04CV4059.~ 15 Adjournment. g'~~ Plea e not : If , ou h.)-.,,e a disability and need auXJliary aids or 5ef\'kes. please nolify the City of Englewood .__ ___ _,I JOJ ·:'62-240 ) at leas t 48 hours in ad-.,,ance of when Sffllices are needed , lNnk you. ' .=., .. • • Engle'1'ood City Council Ag e nda , July 11, 2005 Pa ge 5 The following minutes were transmitted to City Council between June 1 7 and July 7, 2005: • Englewood Housing Authority meetings of April 6, and May 4, 2005. • Englewood Public Library meeting of May 10, 2005 • Liquor Licensing Authority meeting of May 18, 2005 and Telephone Poll of June 1, 2005 • Board of Adjustment and Appeals meeting of May 11, 2005. Please note : If ou have a disability ind need ~ ;aids o, services, pie-nolify lhe Qty of Eiiatewood (303-762-2407) at least 48 hours in advillCe of when services are ,-ded. Thank • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular MIiiion June 20, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Gurett at 7:40 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge or Allepance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCall Present : Absent: A quorum was present. Also present : Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brouman Assistant City Manager A.heny City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Police Lieutenant Sanchez, Safety Services Fire Battalion Chief Petau, Safety Services Director Gryglewicz, Finance and Administrative Services Director Fonda, Utilities Director Kahm, Public Works Housing Finance Specialist Grimmett, Community Development Senior Planner Langon , Community Development Director Eaton, Human Resources 5 . Consideration or Minutes of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 6, 2005. Mayor Garrett asked if there were any comments or corrections . There were none . \'ote results: yes : Nay : 1ouon carr ied. Council Members Barrentine. Moore, Bradshaw. Garren. Wolosyn. Woodward, Tomasso None ,. ' .. • • Englewood City Council June :20, 2005 Page2 0 . (a) Greg Kainer said, as you probably all know from previous speaking engagements, I am President of Englewood Unleashed and I come here tonight to point out that there can be a true community spirit between the government and its citizenry and you folks have proven that. As President of Englewood Unleashed, my term ends June 30"' and it has been a challenging year for us, but one that has solidified a lot of relationships with a common goal that is a place , the community we live in, making it better and happier. The bond that we've shared has been the off-leash dog parks. We put aside politics and we took a vision and now we are only a few steps from reality of that vision of an off-leash dog park at Belleview. There has been an intensity along the way, as you all well know, but that is t.uw creative people get things done . I would like to thank Mayor Garrett for his divine leadership and a gentleman that is really never praised ... City Manager Gary Sears. He is kind of the nuts and bolts guy ... he understands how to improvise and gets stuff done behind the scenes. He hasn't. at least to my knowledge, openly been praised, but he has been very participative in this process . Thanks to Parks and Recreation Director Jerrell Black for his patience . He has really shared a lot of experience with us that we have appreciated. The Assistant City Manager Mike Aaheny has sat in a lot of meetings with us and his patience was tested and we just sat through it and rolled up our shirt sleeves and we 've got things done. Dave Lee of Parks and Recreation, assistant •.o Jerrell Black, who has had a great sense of humor which we have all needed along the way. Bev Bradshaw who has also expressed vision and the love for the outdoors and who saw our needs. Councilman Jim Woodward who's a visionary and a coalition builder ... we have appreciated that. Ray Tomasso whose open mind is what makes a community grow . He actually saw that this was going to be a big benefit to the community and we appreciate thaL John Moore is also a recreation kindred spirit and saw that dog parks arc for people as much as for the dogs who exercise in them . Lauren Barrcntine ... she played the devil's advocate role better than I ever could. You know what I would like to do is express appreciation. It has been a real joy working with this current Slaff and this current Council and I hope that when the board turns over that we have the same kind of relationship with the future Board and the future Council. I have enjoyed meeting and working with a lot of the staff here. I am not going to run for office ... my term ends June 30"' ... so I am going to step down, but I believe that this is going to become a reality and it is thanks to all the great folks that I have mentioned here tonight . Thanks and God's speed. Mayor Garrett said thanks very much . Council Member Bradshaw said thank you Greg. 7. Recopitioa of Uascbeduled Publk ai-.t There were no unscheduled visitors . (a) , A letter from Angela Hanlin announcina her resisnation from both the Englewood Housing Authority and the Code Enforcement Advisory Committee was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION or ANGELA HARDIN FROM BOTH THE ENGLEWOOD HOUSING AUTHORITY AND THE CODE ENFORCEMENT ADVISORY COMMITJ'EE. Council Member Brad shaw said she is resigning because she has a new job in Sheridan, Wyoming . Volt results: Ayes : Mouon earned . COW)Cil Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Woodward. Tomasso None ••••• Council Member Brad ha'" sai d Your Honor. can we appoint Ernie Anerbum? I know he IS llllipia1 from one committee. but an 1>c appoint him at th, time from the altemllC to an active member of the e..,lewood Housin1 uthont) Co mmmec ? Because, she said. l''C ha,'C a mec1Jn1 the fnt Wednesday in July 811d -would be ahon a board member if '"'C didn 't do that now . ' .:.., .. • J I • • • - C • • Englewood City Council June 20, 200S Page3 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT ERNIE ARTERBURN TO THE ENGLEWOOD HOUSING AUTHORITY. Mayor Garrett asked if there were any comments. There were none. Vote results: Ayes: Nays : Motion carried. Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) An e-mail from Ernie Arterburn announcing his resignation from the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF ERNlE ARTERBURN FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMl~ION. Council Member Wolosyn said I spoke to him and because his daughter has softball on TUe5days he wasn't going to be al any of the meetings this summer, so he decided to resign . Mayor Garrett asked if there were any comments. There were none . Vote results: Motion carried . Ayes : Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn, Woodward. Tomasso Nays : None 9. Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (II), (Ill) ud (IY), 9 (b) (I), (II), (Ill) ud (Iv) AND 9 (c) (I), (II) ud (Ill). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 29. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BD..L FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO TO OPT-OUT OF MUNICIPAL CANDIDATE NOMlNATION VACANCY PROVISIONS AS SET FORTH IN THE MUNICIPAL ELECTION CODE OF THE COLORADO REVISED STATUTES . (ii) COUNCIL BD..L NO . 26. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMM1SSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COM M ICATIONS NETWORK OF COLORADO (CCNC)}. (iii) COUNCIL BILL NO. 27. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR ORDINANCE AUTHORIZIN G THE ADOPTION OF THE ''ENGLEWOOD STORM DRAI GE CRITER IA MANUAL" FOR THE REGULATlON OF THE STORMWATER UTILITY WITHIN THE CITY OF E GLEWOOD. COLORADO . \I\) COUNCIL BILL NO . :?8. IJIITRODUCED BY COUNCIL MEMBER BRADSHAW ,. ' " • • Englewood City Council June 20, 2005 Page4 D A BILL FOR AN ORDINANCE AMENDING TITLE 4. CHAPTER 7, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE L1MITED WAIVER OF THE WASTE TRANSFER SURCHARGE. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 21, SERIES OF 2005 (COUNCIL Bll..L NO. 21, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTION 2. OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ACUPUNCTURISTS. (ii) ORDINANCE NO. 22, SERIES OF 2005 (COUNCIL Bll..L NO. 22, INIRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AMENDING TITLE 2, CHAPTER 12, SECTIONS 3 AND 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE TERM OF THE TRANSPORTATION ADVISORY COMMITTEE. (iii) ORDINANCE NO. 23, SERIES OF 2005 (COUNCIL Bll..L NO. 23, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AND AlITHORIZING AMENDMENT NUMBER TWO TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD. COWRADO. (iv) ORDINANCE NO. 24, SERIES OF 2005 (COUNC'll.. Bll..L NO. 25, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENR>RCEMENT BOARD OF THE 18111 JUDICIAL DISTRICT. (c) Resolutions and Motions (i) RESOLUTION NO. 47, SERIES OF 2005 A RESOLUTION AUTHORIZING THE APPLlCATION FOR A L1NE OF CREDIT FOR THE HOUSING REHABILITATION ENTERPRISE FUND FOR FUNDING OF $1 ,000,000 FOR THE ENGLEWOOD HOUSING REHABILITATION ENTERPRISE FUND BETWEEN THE Mil..E HIGH HOUSING FUND (MHHF) AND THE C ITY OF ENGLEWOOD. COLORADO. (ii ) RESOLUTION NO. 48, SERIES OF 2005 A RESOLUTION ACCEPTING CHANGES AND UPDATES TO THE CITY OF ENGLEWOOD'S INVESTMENT POLICY PER ORDINANCE 45. SERIES OF 1995, ADOPTED ON FINAL READING SEPTEMBER 5. 1995 . (iii) A C ONTRACT WITH C & R ELECTRIC OF NORTIIGLENN, CO TO RETROFIT THE BALL FIELD LIGHTING AT BELLEVIEW AND CENTENNIAL (SPENCER FIELDS) PARKS IN THE AMOUNT OF $44,7 47.00. Vote nsults: Ayes : Co uncil Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn. Woodward, Tomasso .' -~. ' .,-.. ' • • Englewood City Council June 20, 2005 Pages Nays: None Motion carried . 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions {a) Approval of Ordinances on First Reading rv u (J (i) Director Kahm presented a recommendation from the Public Works Department to adopt a bill for an ordinance vacating right-of-ways on three parcels located within or adjacent to the Littleton/Englewood Wastewater Treatment Plant He said approximately a year ago the City was fortunate to be able to tum the Herbertson lease into our ownership. We had a title commitment done at that point and found Iha! the Bi-City property itself is a series of possibly 20 or 25 different properties including these three abandoned right-of-ways . Our ultimate goal , with the abandonment of these right-of-ways, is to clean up the ownership and subdivide and re- plat that propeny into two pieces. The larger parcel would service the Bi-City Plant and would be in joint- ownership with Littleton and Englewood and the remaining parcel would be the Englewood Servicenter that, we the City, would then own. Mayor Garrett asked if there were any questions for Mr . Kahln . There were none . COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 16. COUNCIL Bill NO. 16, INTRODUCED BY COUNCIL MEMBER WOLOSYN A Bill FOR AN ORDINANCE VACATING THREE PARCELS OF THE RIGHT-OF-WAY LOCATED WITHIN OR ADJACENT TO THE urn.ETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (lJE WwrP). Mayor Garrett asked if there was any discussion. There was none . Vote results: Ayes : Council Members Barrentine. Moore, Bradshaw , Garrett. Wolosyn. Woodward, Tomasso Nays : None Motion carried. Mayor Garrett said thank you very much to Mr. Kahm. (bl Approval of Ordinances on Second Reading (1) Council Bill No. 17 approving proposed housekeeping amendments pcnaining to the , Unified Develo pment Code was considered. CO NC IL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (bl (I)· ORDINANCE NO. 25, SERIES OF 2005. ORDI AN C E O _5 , SERIES OF 2005 (COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER BR D HAW ) AN O RDINANCE AUTHORIZING AMENDl G TITLE 16. UNIAED DEVELOPMENT CODE OF THE E 'GLEWOOD 1U IC IPAL CODE 2000. THESE ARE HOUSEKEEPING AMENDMENTS. ' ... .. • • --· Englewood City Council June 20, 2005 Page6 Mayor Garrett asked if there was any discussion . There was none. Vote results: D CJ Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Motion carried. (ii) Council Bill No. 19 approving amendments to the Unified Development Code pertaining to front setbacks in the MU-B-2 Zone Disttict was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (U). ORDINANCE NO. 26, SERIES OF 2005. ORDINANCE NO . 26. SERIES OF 2005 (COUNCIL BllL NO. 19, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AMENDING TITI.E 16, CHAPTER 6, SUBSECTION B, OF THE UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FRONT SETBACKS IN THE MU-B-2 ZONE DISTRICT. Mayor Garrett asked if there was any discussion. There was none . Vote resuhs: Motion carried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garrcu, Wolosyn, Woodward, Tomasso Nays : None (iii) Council Bill No . 20 approving amendments to the Englewood Municipal Code pertaining to Historic Designation was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (W) -COUNCIL BILL NO. 20. COUNCD.. Bill NO . 20. INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORJZlNG THE REPEAL OF TITLE 16 , CHAPTER 6. SECTION 11 AND AMENDING TITLE 16. CHAPTER 2. OF THE ENGLEWOOD MUNICIPAL CODE 2000. BY THE ADDITION OF A NEW SECTION 20. ENTITLED HISTORIC DESIGNATION . Mayor Garrett asked if there was any discussion . Council Member Tomasso said I do not believe that this Ordinance docs anything and it n:slricts public comments and the public from presenting a propcny to be historic and eliminalCS the citizens of Englewood from any paruc,pauon or discussion of said property. It does not allow them a public forum in which IO express theu views. Co uncil Member Bradshaw said so I have a question . If this doesn't pus. then we revert co what is already there? Cat y Attorney Brotzman said correct. Mayor Garren asked if there were any other comments . Co uncil Member Woodward said I am going to agree with Ray and I just don't believe tbll this bill improves whal we c urrentl y have . so I will be voting no . ' .· .. .. • • Englewood City Council June 20, 2005 Page7 Council Member Bradshaw said I will also be voting against this , because I still think that we need to address this issue in a more comprehensive manner and this docsn 't do it. Mayor Garrell asked if there were any other comments. Council Member Moore said I also will be voting no . I am not a fan of ambiguity, but we didn 't quite hit the mark on this . I'm not sure what the solution is, but I will vote no as well and hope we can hit a beuer target in the future . Council Member Wolosyn said I will add this ... just addressing this in the last year, that when I drive around town I keep my eyes open in a different way for houses and buildings that look significant and I think that at least the way it is currently written, we have the opportunity to have a public discussion about things that arc valuable to the history of our community. So, I also oppose any change at this time . Mayor Garrcu asked if there was any other discussion. Mayor Garrett said I will be voting yes, because I think it needs to be clearer on what we are trying to do and I think this amendment makes it clear. I don't necessarily think it is the best solution, but I think it is the one that at least brings clarity to a statute. Mayor Garrett asked if there was any ocher discussion. There was none . Vote results: Ayes : Council Members Barrentine, Garrett Nays : Council Members Moore, Bradshaw, Wolosyn. Woodward, Tomasso Motion defeated. (c) Resolutions and Motions (i) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution to approve the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the years 2006 and 2007. She said this contract has been duly ratified by the membership of the EEA . We talked about the details of the contract at several Executive Session. but if anybody has any questions. I would be happy to answer them tonight. Mayor Garrett asked if there were any questions for Ms. Eaton. Council Member Wolosyn said I would just like to thank you and the members of the Union and everyone who worked on this . IL is good Lo have us all on the same page. Counci l Member Bradshaw said and I would like to go along with what Olga said and kudos to you as the bargai ning unit and 10 us as the bargaining team, plus the EEA leadership. They know what a budget crunch we arc in. th ey stepped up each year and I really appreciate that. Director Eaton said they arc prctty happy about it. I believe . Mayor Garrett as ked if the re were any more comments or questions for Ms . Eaton. There were none. CO NCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RFSOLUTION NO. 49, SERIES OF 2005 . RE OLUTIO 0 . 49. SERIES OF 2005 RE OLUTIO AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE OLE WOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF ARY I. _()()6 T HROUGH DECEMBER 3 1. 2007. ~a) :,r Garrett kcd 1f there was any dtsc uss ion. There 10.as none . ' .. .. • • Englewood City Council June 20, 200S Page8 Vote results: ·• • 0 CJ Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays: None Motion carried . (ii) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution to approve wage and benefit adjustments for Managerial, Supervisory, Confidential and Part- Time Employees for 2006. She said this resolution is intended to approve wage and benefit adjustments which are similar to those granted to the EEA employees and it covers approximately 155 employees. Mayor Garrett asked if there were any questions or comments for Ms. Eaton. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) • RESOLlITION NO. 50, SERIES OF 2005. RESOLUTION NO. 50, SERIES OF 2005 A RESOLUTION APPROVING COMPENSATION PLANS FOR MANAGERIAL, SUPERVISORY, CONFIDENTIAL AND PART-TIME EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2006 . Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Woodward, Tomasso Nays: None Motion carried. Mayor Garrett said thank you very much. (iii) Director Fonda presented a recommendation from the Utilities Depanmcnt to adopt a resolution authorizing the negotiation of an agreement between the McLellan Reservoir Foundation and Shea Hornes for construction of a road across Englewood's McLellan Property to sene a parcel of land owned by Shea Hornes. He said we went over this in Study Session and the resolution reflects the commitments that I think were requested . He asked if there were any questions. Mayor Garrett asked if there were any questions for Mr . Fonda. Mayor Garrett said is thi s going to be coming back to City CO'uncil once the agreement is negotiated ? Mr . Fonda said yes . Mr . Garrett said is there a timcfrarne in which you think that might occur? Mr. Fonda said I would suspect that it will happen within a couple of months. Mayor Garrett asked if there were any other questions for Mr. Fonda. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (W) • RESOLUTION NO. 51, SERIES OF 2005. RES O LUT ION 0 . 5 1. SERIES OF 2005 A RESOLUTION SUPPORTING THE DEDICATION OF LAND BY THE ENGLEWOODIMCLEU.AN R E ER VOIR FOUNDATION TO SHF.A HOMES TO BUILD A ROAD TO SERVE PLANNING AREA 86. 1ayor Garrett a l.ed 1f ther e ,. an y di sc uss ion. T~ was none. •• ' . .. .. • • Englewood City CouncU June 20, 2005 Page9 Vote results: D . Ayes : Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Motion carried . (iv) Mayor Gar,ett said this is a recommendation from the Englewood Water and Sewer Board to approve , by motion, awarding a contract to Genesee Builders, Inc . for the installation of the washwatcr pump equipment at the Allen Plant in the amount of $167,000.00. Director Fonda said we need these pumps installed. There is an error in the Council Communication. It is not $167,000.00. We bought ii ounclves and it is around $100,000.0050 we're coming up maybe $30,000.00 short of the budgeted amount of $300,000.00 for the equipment purchase and for the installation. We did the equipment purchase early 50 tliat the long lead time equipment could be there. This is something that is fairly critical because the load that has been put on these pumps over the years since the new addition came on is wearing them down and we don 'I want to have a breakdown . Mayor Garrett asked if there were any questions for Mr . Fonda. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv). A WARDING A CONTRACT TO GENESEE BUILDERS, INC. FOR THE INSTALLATION OF THE WASHWATER PUMP EQUIPMENT AT THE ALLEN PLANT. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Nays : Motion carried . I 2. Gcaeral Dilcussioa (a) Mayor's Choice Council Members Banentine, Moore. Bradshaw, Garrett. Wolosyn, Woodward. Tomasso None (i) Mayor Garrett said something wc haven't been able to do for the last couple of years. because of the budget issues, is hold an Ice Cream Social for members of the Boards and Commissions. The budget item would be somewhere in the $~00.00 to $600.00 range. Would Council be interested in renewing that appreciation function this year? If Council so desires, wc will tum it over to the City Manager's office to come up with an appropriate date . So I would like to bring this up for discussion. Do people think it is a good idea or a bad idea ? Co unci l Member Woodward said I think it is absolutely a good idea . Co uncil Member Moore said I assume it was generally well received by the Board and Commission members in the past. Ma yor Garrett said I think so, because it is a nice get together with all the Boards and Commissions. It is a recogniti on as the y do a lot of hard work for us . Mr. Moore said this is a minor recognition of their c:onlributioa .. .I think it is a good idea . Council Member Wolosyn said it is generally well attended . ( Counci l Member Barrentine said it is a good idea . (b) Counci l Members ' Choice (i) Council Member Bam:ntmc : ' . .. ... • • Englewood City Council June 20, 2005 Page 10 •• • • I . She said we had the golf tournament on the I 3"'. It was a beautiful day out there and a lot of you attended. I appreciate that. We had a lot of fun and I learned a lot about putting on a golf tournament, so it was fun. And speaking of golf tournaments ... we ha ve the Women's Open at Cherry Hills. 2 . She said I had a couple of c alls from people around th.e Denver Seminary that have a concern about the parking over there . I know that Rick Jumped on that right away and already got back with me that they didn't believe that it would impact and lhe Denver Seminary has already made arrangements for a parking facility, but he assured me lhat if it does become an issue they can go ahead and contact him. So, I wanted to tell him thank you very much for following up on that. (ii) Council Member Bradshaw said I would just like to thank Greg for his leadership with Englewood Unleashed. There for awhile I know that you felt like you were herding cats, but you brought forth a meaningful organization that I think will. in the long run, help our community a great deal . Thank you for your leadership. (iii) Council Member Tomasso said I had a resident stop in the other day and tell me that they had had a problem with a defective hot water heater and it was run by a real estate complex that was renting out this apartment She had contacted Lance Smith and he had given her very solid advice as to how to handle the situation. It took them five tries to fix the hot water heater, but they got it fixed. And, she was very happy with Lance's help and giving her direction on what to say. So kudos to Lance this week. (iv) Council Member Woodward: I . He said lhe concert series starts Thursday right outside the door to the Library ... out on the stage there. 2. He said I attended a seminar last Wednesday on Fraud and ID Theft put on by Nancy Peterson from Neighborhood Watch . It was the absolute best seminar regarding the subject matter that I have ever been to. I would highly recommend talking to Nancy about lhat and finding out if that could be made available in some sort of form for employees of the City. It is really a valuable ·seminar idea. Thank you. City Manager Sears said I will work with Chris and we'll try to pull that together. We have had several thefts unfonunately in our parking lot, so I think that is a great idea. We will see if we can put that together. (v) Council Member Wolosyn : I. She said last Thursday. Beverly. Jim Woodward and I, along with Gary Sears, Jerrell Black and his staff and Bo b Simpson and his staff attended the Arapahoe County Open Space Program. They awarded the Share Back Funds ... we received $253 ,600.00. It was very impressive and kudos to both .. .I understand that the staff of Community Development and Parks and Recreation puts these grants together. They did us proud. We received $117 .000.00 for the Englewood Trailhead Improvements Project and $217,530.00 for lhe Mary Carter Greenway Ex pansio n and Buffer Project. We all thought we were one of lhe people who stood out in a very positive light, so ... lh a nk yo u to all the people who did that 2 . She said in the discussions regarding the dog park and sod, Jim Woodward had proposed that maybe there was a way to recycle some of the sod from the football field, which is being replaced with artificial turf, and use it to sod the dog park if that goes forward . I was just wondering if staff could look into it to see if there was any possibi lity those timelines could work, because I don 't know when that turf is going in . Council Member Bradshaw sa id Aug ust. Mayo r Garrett said it starts in Jul y. Ms. Wolosyn said I guess that is bad timing. What do you think? Cll) Manager Sears sa id we will c heck on that and we will get back to C o uncil. It really makes some sense. 3 She said G ary a nd I and Amy Laugescn fro m the Ans Commission were in attendance on Saturday night for the Swedis h Med ica l C enter's bo g cele brat io n. It was a mce evening and it was an honor to be there. I lhink it is ~reat to see lhat ms utuuo n fr m their point of vi e". They had a wonderful presentation. ' .. • • F.npwoocl City CouncU Junel0,2005 Pqell 13. City Manqer's Report (a) City Manager Sears said we are working on the budget and gelling our dates put together. I know the proposed budget proposals are coming back IO Mike and myself soon . We liJted two dates for the Budget Retreat for Council. .. the 24• of September and the 1st of October are the two Saturdays. I wanted to get feedback from Council. Some said the 24• works for them. Council Member Bradshaw said it works best for me, as I can't be here the 1 •. Mayor Garrett asked if the 24• would work for everyone. There was agreement IO have the Retreat on September 24•, (b) City Manager Sears said I wanted to say dww. I did have a chance IO go, as Olp said, to the Swedish Hospital celebration and I was there yeslerday also. The recognition the City of Englewood received from Mary White was nice . As our biggest eq,loyer in town. it was nice to see how supportive they are of where we are going . (c) City Manager Sears said I wanted to apin noce that next Monday nifl Council will be conducting interviews and then we don't meet again for a formal meeting unlil July 11 . There is no meeting on July s•. I am going to be heading up IO CML for the remainder of this week. During that time Mike wiU be in charge in case there are any questions. Mike is taking off for the managers meeting up there on Friday and Jarell Black will be in charge on Friday. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to brina before Council. IS . Adjoani-.a MAYOR GARRE1T MOVED TO ADJOURN. The meetins adjourned ll g:07 p.m. ~tf(A ... • • -- PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNICtllDULID flUBUOOGIRl&N1'. DATE: July 11, 2005 ~~ NAME ADQAESS 'W I st?'~~~~~s-J-v~~.~~ fVtJlle. t .... • • C ·• • n I ' Lj • PROCLAMATION WHEREAS , parks and recreation systems are dedicated to enhancing the quality of life for millions of residents in communities around the world through recreational programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation activities and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of society, create lifelines and continuous life experiences for older members of the community ; generate opportunities for people to come together and experience a sense of community and pay dividends to communities by attracting business and jobs and increasing housing values ; and WHEREAS , the National Recreation and Parks association urge us to recognize the vital contributions of employees and volunteers in parks and recreation facilities ; and WHEREAS , these dedicated supporters keep parks clean and safe for visitors, organize youth activities , provide educational programming on health, nutrition, first aid and gardening, advocate for more open space and better trails, and fundraisc for local improvements, they ensure that parks and recreation facilities arc safe and accessible places for all citizens to enjoy ; NOW THEREFORE , I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby proclaim the month of July, 2005 as : RECREATION AND PARK MONTH in the City o f Englewood, Colorado . I urge all of our residents to join together in recognizing the importance of our nation 's parks and recreation facilities and to cam more about bow to support the places that bring our communities a higher quality of life , safer places to play and healthy alternati ves through recreation programming for everyone. I urge all citizens to enjo y what Englewood has to offer by taking part in their favorite sports, visiting the outdoors , spending time with family and friends or just relaxing . BE IT FURTHER RESOLVED that the Mayor and City Counc il of the City of Englewood , Colorado reaffirm ou r commitment to GIVEN un der my band and seal thi s I Ith day o f July, 2005. Douglas Garren, Mayor Ba ' • • ( ( ·• • • ·~ 8b PROCLAMATION '' WHEREAS , the American Cancer Society 's Relay For Life is a team event held in over 4200 communities nationwide to celebrate more than 500,00 survivors while raising over one billion dollars to fight the battle against cancer; and WHEREAS, Relay For Life is a positive, inspirational and emotionally engaging experience; and WHEREAS , Relay For Life is about being a community that takes up the fight to celebrate wellness and hope, to rejoice with cancer survivors anci to honor loved ones who lost their battle with cancer; and WHEREAS, families, citizens, companies and organizations from all walks of life that have been touched by cancer come together in their local communities to join forces in this premier event; and WHEREAS, participation in Relay For i ife provides many benefits for organizations, families and individuals which include morale boosting and teambuilding experience outside of the workplace; and WHEREAS, Relay For Life business teams demonstrate to the community that they arc cager and willing to get involved to support a worthy cause and to make a difference. NOW THEREFORE. I, Douglas Garrett, Mayor of the City of Englewood, Colorado, proclaim August 20 tbrougb August 21, 2005 as the : RELAY FOR LIFE days in Englewood, Colorado. I urge all Englewood residents and businesses to join together to partici pate in thi s e vent which will be held at Bellev iew Park in the City of Englewood, Colorado. GIVEN under my hand and seal this l l 'h day of July, 2005 . Doug las Garrett. Mayor i• ' .. ·' • • C ( RESOLUTION NO . SERIES OF 2005 A RESOLUTION CONFIRMING ERNIE ARTERBURN'S APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Ernie Arterburn has served on the Englewood Housing Authority as an alternate member; and WHEREAS, !here was a vacancy due to the resignation of a member of the Authority; and WHEREAS, the Mayor appointed Ernie Amrbum as a member of Englewood Housing Authority; 111d WHEREAS, the Englewood City Council suppo111 the Mayor's appointment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Smi.lm..l, The Mayor, Douglas Garrett confirms the appointment of Ernie Arterburn to the Englewood Housing Authority for the City of Englewood, Colorado. Ernie Anerbum's tam will be effective June 20, 200S and will expire July l, 2006. ADOPTED AND APPROVED this 11• day of July, 200S. ATTEST : Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cenify the above is a ttue copy of Resolution No . __ , Series of200S . Loucrisbia A . Ellis, City Clerlt RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING HEATHER BARTIJNEK TO THE CUL 11JRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Heather Bartunek has served as a member of the Englewood Cultural Arts Commission;and WHEREAS, the Englewood City Council desires to reappoint Heather Bartunek to the Englewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Heather Banunek is hereby reappointed to the Englewood Cultural Arts Commission . Heather Banunek's term will be effective immediately and will expire July I, 2008. ADOPTED AND APPROVED this I Ith day of July, 2005. ATTEST : Douglas Ganett, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis , City Cleric for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series 0£2005 . Loucrishia A. Ellis, City Cleric ( RESOLUTION NO . SERIES OF 2005 A RESOLUTION RECOMMENDING BEYERL Y BRADSHAW FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUlllORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy in the Englewood Housing Authority; and WHEREAS, Beverly Bradshaw has applied to serve as a member of the Englewood Housing Authority; and WHEREAS, the Mayor desires to appoint Beverly Bnidsbaw as a member of Englewood Housing Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment. NOW, lllEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Beverly Bnidsbaw is hereby appointed to the Englewood Housing Authority for the City of Englewood, Colorado. Beverly Bradshaw's tenn will be effective immediately with term expiring July I, 2010 . ADOPTED AND APPROVED this 11 111 day of July, 2005 . ATTEST : Douglas Garren, Mayor Loucrishia A. Ellis . City Clerk I, Loucrishia A. Ellis , City Clerlc for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . Loucrishia A. Ellis, City Cleric • t RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING JOHN BRICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commiuion makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as weU as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, John Brick bas applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint John Brick to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. John Brick is hereby appointed to the Englewood Planning and Zoning Commission. John Brick's term will be effective immediately IDd will expire February I, 2006. ADOPTED AND APPROVED this 11 • day of July, 200S. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis , City Clerk [, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrishia A . Ellis, City Clerk C RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING MARK CRAFT AS AN AL TERNA TE TO THE TRANSPORTATION ADVISORY COMMilTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee bas been established as an advisory committee focused on transportation issues 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 passage of Ordinance No. 6S, Series of2001; and WHEREAS, Mark Craft bas graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, cunently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Mark Craft as alternate member to the Transportation Advisory Committee; and WHEREAS, City Council bas requested staff to send this alternate member packets for the Board be will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The Englewood City Council hereby appoints Mark Craft as alternate member of the Englewood Transpo.rtation Advisory Committee. ADOPTED AND APPROVED this I lib day of July, 200S. ATIEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Cleric 8g t ; . • • I , Loucrishia A. Ellis, City Clerk for the City of F.nglewood, Colorado, hereby certify the above is a true copy ofResolutioa No ._., Series of200S. Loucrisbia A. Ellis, City Clerk C RE ~"f T'TION NO . SERlES OF 200S A RESOLUTION REAPPOINTING PAUL HENDRICKS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Council and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Paul Hendricks has served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Paul Hendricks to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Paul Hendricks is hereby reappointed to the Englewood Code Enforcement Advisory Committee. Paul Hendricks' term will be effective immediately with his term to expire July I , 2007 . ADOPTED AND APPROVED this 11 111 day of July, 2005. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Cleric I, Loucrisbia A. Ellis, City Cleric for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrishia A. Ellis, City Clerk •I' 8h t ... • • RESOLlITION NO . SERIES OF 2005 A RESOLUTION APPOINTING DAN JENSEN TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Dan Jensen has applied for appointment to the Englewood Liquor Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to appoint Dan Jensen to the Englewood Liquor Licensing Authority for the remainder of that term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Dan Jensen is hereby appointed to the Englewood Liquor Licensing Authority . Dan Jensen's term will be effective immediately with a term expiring July I, 2008. ADOPTED AND APPROVED this 11th day of July, 2005. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . Loucrisbia A. Ellis, City Clerk RESOLUTION NO. SERIES OF 200S A RESOLUTION APPOINTING CHAD KNOTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Chad Knoth has applied to serve u a member of the Englewood Plannina and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint Chad Knoch to the Englewood Planning and Zoning Commission; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Chad Knoth is hereby appointed to the Englewood Plannina and Zoning Commission. Chad Knoth 's term will be effective immediately and will expire February I, 2008 . ADOPTED AND APPROVED this 11 • day of July, 200S. ATTEST : Douglas Garrett, Mayor Lou<:rishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrishia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2005 A RESOLUTION APPOINTING RANDIA LAGA TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; 111d WHEREAS, Randia Lap has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; 111d WHEREAS, the Englewood City Council desires to appoint Randia Lap to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, 1llA T: Section I. Randia Laga is hereby appointed to the Englewood Code Enforcement Advisory Committee. Randia Lap's term will be effective immediately and will expire July I, 2007. ADOPTED AND APPROVED this I Ith day of July, 2005. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005. Loucrishia A . Ellis, City Clerk RESOLUTION NO. SERIES OF 200S A RESOLUTION APPOINTING RANDIA LAGA AS AN AL TERNA TE MEMBER TO TIIE PLANNING AND ZONING COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions and capital improvements; and WHEREAS, Randia Laga has graciously offered to serve on the City of Englewood's board and commissions; and WHEREAS, currently there arc no vacancies on the boards and commissions; and WHEREAS , the Englewood City Council desires to appoint Randia Lap u altcmatc member to the Englewood Planning and Zoning Commission; and WHEREAS , City Council has requested staff to send this altcmatc member packets for the Board he will be serving on so that hsc can maintain an understanding of the current issues and rules ; and WHEREAS, while the alternate will not be able to vote at the moetinp, she ii ncverthclcu requested to attend as many meetings as possible to get a feel for the membenbip and issues; and WHEREAS, Council wishes to express its gratitude for the voluntecrism and service that this individual wishes to bestow upon the City; NOW, TIIEREFORE, BE IT RESOL YEO BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Randia Laga is hereby appointed to the Englewood Planning and Zoning Commission as an alternate member. ADOPTED AND APPROVED this 11th day of July, 200S . ATIEST: Douglas Garrett, Mayor Loucri shi a A. Elli s, City Clerk RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING REBECCA LAUGHLIN AS A voum MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Rebecca Laughlin is a CWffllt member cf the Englewood Parks and Recreation Commission; and WHEREAS, Rebecca Laughlin's CWffllt term expires July l, 2005; and WHEREAS, Rebecca Laughlin bas applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to reappoint Rebecca Laughlin to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Rebecca Laughlin is hereby reappointed as a youth member to the Parks 1111d Recreation Commission. Rebecca Laughlin's term will be effective immediately and will expire July 1, 2006 . ADOPTED AND APPROVED this 11th day of July, 2005 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado, hereby certify the above is a true copy of Resolution No . _, Series of 200:S'. Loucrishia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No . 5, Series of2001; and WHEREAS , the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in wbich existing business can thrive and new business can prosper; and WHEREAS , Margaret McDennott is a current member of Alliance For Commerce In Englewood; and WHEREAS , Margaret McDermott's term expired July I , 2005; and WHEREAS , Margaret McDennott has applied for reappointment to the Alliance For Commerce In Englewood ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Margaret McDennott is hereby reappointed to Alliance For Commerce In Englewood . Margaret McDermott's term will be effective immediately and will expire July I , 2008 . ADOPTED AND APPROVED this I " day of July, 2005 . ATIEST: Douglas Garmt, Mayor Loucrishia A. Ellis , City Cleric I. Loucrishia A. Ellis. City Clerk for the City of Englewood, Colorado, hereby certify tbe above is a true copy of Resolution No . __ , Series of 2005 . Loucrishia A. Ellis. City Clcr1t t • • RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING HOLLY MONT AGUE TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Keep Englewood Beautiful Commission baa been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Holly Montague bas applied to sen-e u a member of the Keep Englewood Beautiful Commission; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, IBAT: Section I. Holly Montague is hereby appointed to the Keep Eqlewood Beautiful Commission for the City of Englewood, Colorado. Holly Montague's term will be effective immediately and will expire February 1, 2006. ADOPTED AND APPROVED this 11 111 day of July, 2005. AITES!: Douglu Garrett, Mayor Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis , City Clerk for the City of Enalewood , Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrishia A. Ellis , City Clerk RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING MARTY MOSMAN TO TIIE CODE ENFORCEMENT ADVISORY COMMilTEE FOR TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee wu established by the Englewood City Council with the passage ofOrdimnce No. 71, Seria of 1997; and WHEREAS, Marty Mosman bas applied to serve u a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Marty Mosman to the Englewood Code Enforcement Advisory Committee; NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. Marty Mosman is hereby appointed to the Eqlewood Code Enforcement Advisory Committee . Marty Mosman's term will be effective immediately and will expire July 1,2007. ADOPTED AND APPROVED this I Ith day of July, 200S. ATTEST : Douglu Garrett, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrisbia A. Ellis, City Clerk RESOLtrrlON NO . SERIES OF 2005 A RESOLtrrlON REAPPOINTING KRIST A NIEDERJOHN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Krista Niederjohn is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Krista Niederjohn's current term expires July l, 2005; and WHEREAS, Krista Niederjohn has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to reappoint Krista Niederjohn to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIAT: ~. Krista Niedcrjohn is hereby reappointed u a youth member to the Parks and Recreation Commission. Krista Niederejohn's term will be effective immediately and will expire July I, 2006 . ADOPTED AND APPROVED this 11th day of July, 2005 . ATTEST : Douglu Garrett, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . ' Loucrishia A. Ellis, City Clerk 8q ' .. .• • • RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING MARC OOONOSKY AS AN AL TERNA TE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR TIIE CITY OF ENGLEWOOD. WHEREAS, lbe Enalcwood Code Enforccmc:nt Advisory Committee -established by lbe Englewood City Council witb lbe pwqe of Ordinance No. 71, Series of 1997; and WHEREAS, lbe Code Enforcement Adviaory Committee is an advuory c:ommittec rOCllled on the activities IDd MrVices of code eniJn:cmmt IDd reauJatory proceaes of tbe Neipborbood Services soction or lbe Dcpanmair or Safety Services, tbe Committee makes reonwN NM#Nlaaiona to City Council IDd to lbe City Mw,e, or delipee b impwovemen11 ~Ilana to tbe Neipborhood Services in tbe City; ad WHEREAS, Man: ()aoaolky baa ,nicio1as1y offered to 11crVe Oil lbe City of Enpwood's boanls and commissioM; - WHEREAS, tbe Entlnwood City Couacil dnila to appoiM Mart Opmoaky II a alternate to lbe EnaJcwood Code Enron:cw Advilcsy Conninec; wl WHEREAS, City Council baa ........ """'° 1w1 diil ....._ ._.. pacbla b 1be Commincc be will be 1CrVi1ta on'° .. lie ca....__ ......... oftlle c:ummt UICI and rules; and WHEREAS, while lbc aheniMe will aoc be 11,k to vote ll lbe 111N1iap. be is DCVCl1helesa requested to attend as many mcelinp u poaaiblc to act a feel fcir tlle lllmlbenliip and ~ IDd WHEREAS, Council v.ilhcs to cxpraa its.,.... for die voluaumiw and laVice tha& dlil individual wishes lo bestow upon lbe City; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . The Englewood City Council berd>y appoials Man:~ M ahemate member of the Code Enforcement A~ isory Committee. ADOPTED AND APPROVED lllis 11 .. day of Jwy, 200S TIET 8r • t RESOLUTION NO . SERIES OF 200S A RESOLUTION APPOINTING MARC OGONOSKY TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commiuion hu been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Marc Ogonosky hu applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . Marc Ogonoslty is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Marc Ogonosky's term will be effective immediately and will expire February l, 2006. ADOPTED AND APPROVED this 11 111 day of July, 20!)S. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of200S . Loucrishia A. Ellis, City Clerk ' RESOLUTION NO. ERIES OF 2005 A RESOLIJTION APPOINTING MARC OGONOSKY AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMfJTEE FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Code Enfon:ement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, Ille Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory pn>cesaea of the Neighborhood Services section of the l>epartment of Safety Services, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Marc Ogooosky bas graciously offered to serve on the City of Englewood's boanls and commissions; and WHEREAS, cunently there arc no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Marc Ogonosky as an alternate to the Englewood Code Enforcement Advisory Committee; and WHEREAS, City Council bas requested staff to send this alternate member packets for the Committee he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend a., many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, THAT: cction I. The Englewood City Council hereby appoints Marc Ogonosky as alternate member of th Code Enforcement Adviso.ry Committee. ADOPTED AND APPROVED this II th day of July , 2005. TIET: Douglas Garrett, Mayor Loucri hia A . Ellis, City Clerk .. 8 r t • • I, Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the above is a true copy of Resolution No.__, Series of 200S. Loucrishia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING STEVE SCHALK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was established by the Englewood City Council with the passage of Ordinance No. 5, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Steve Schalk is a current member of Alliance For Commerce In Englewood; and WHEREAS, Steve Schalk's term expired July I, 2005; aod WHEREAS, Steve Schalk bas applied for reappointment to the Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Steve Schalk is hereby reappointed to Alliance For Commerce In Englewood. Steve Schalk's term will be effective immediately and will expire July l, 2008. ADOPTED AND APPROVED this 11 111 day of July, 2005. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2005 . Loucrishia A. Ellis, City Clerlt C ( RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING DONNA SCHNITZER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Cultural Arts Commission wu established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Donna Schnitzer bu served u a member of the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Donna Schnitzer to the Englewood Cultural Arts Commiaioa for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Donna Schnitzer is hereby reappointed to the Englewood Cultural Arts Commission . Dot:ma Scbnitzer's term will be effective immediately and will expire July 1, 2008. ADOPTED AND APPROVED this 11th day of July, 2005. ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .__, Series of2005. Loucrishia A. Ellis, City Clerk , ( ( RESOLUTION NO . SERIES OF 2005 A RESOLUTION REAPPOINTING MAGGIE STEWART TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. S, Series of 1996; and WHEREAS, Maggie Stewart bas served as a member of the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Maggie Stewart to the Englewood Cultural Arts Commission for another tam; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Maggie Stewan is hereby reappointed to the Englewood Cultural Arts Commission. Maggie Stewan's term will be effe-.tive immediately and will expire July l, 2008. ADOPTED AND APPROVED this 11th day of July, 2005. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___, Series of200S. Loucrishia A. Ellis, City Clerk C 0 . COUNCIL COMMUNICATION Date : Agenda Item: Subject: July 11, 2005 9 a i IGA with DRCOG for FY05 Miscellaneous Equipment Purchase Initiated By: Staff Source: Department of Public Works Rick Kahm, Director Ladd Vostry, Traffic Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved a Bill for an Ordinance in 2004 to enter into an agreement with the Denver Regional Council of Governments (DRCOG) to allow DRCOG to reimburse the City of Englewood for miscellaneous traffic signal equipment. RECOMMENDED ACTION Recommendation from the Public Works Department to adopt a Bill for an Ordinance to enter into an Intergovernmental Agreement (IGA) with the Denver Regional Council of Governments (DRCOG) for 2005. This IGA will allow DRCOG to reimburse the City of Englewood for the signal system equipment purchases in the amount of $30,000 related to the FY05 Miscellaneous Equipment Purchase program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Traffic Engineering Division of Public Works submitted an application to DRCOG for miscellaneous equipment purchases through the FY05 Equipment Purchase program . DRCOG is responsible for monitoring and administering this Federal program. Program applications are reviewed and scored by DRCOG based on previously set criteria. Englewood has been awarded $30,000 towards the purchase of miscellaneous traffic signal equipment which includes a traffic signal cabinet and signal networks/communication equipment for 2005. This program covers equipment purchases only, with equipment installation completed by City forces. These improvements should enhance computer traffic system control along the Broadway and Belleview c rr idors . FINANCIAL IMPACT There are no financia l obligations for the City other than providing funds up front for the equipment purchases which will later be reimbursed to the City. Adequate funds are available in the Transportation System Upgrade account and will be credited back to this account with the reimbursement of Federal funds by DRCOG . t .. • • LIST OF ATTACHMENTS Bill for an Ordinance • t • ~ ( ORDINANCE NO. SERIES OF 200S BY AUTHORITY INTRODUCED BY COUNCIL MBMBD. ~-~.:!.:- WHEREAS, each year governments can submit applications to DRCOG, who is responsible for monitoring and administering this program, to compete for available fcdcral funding for miscellaneous traffic signal equipment; and WHEREAS, the Englewood Traffic Engineering Division of Public Works submitted an application to DRCOG for misccllancous equipment purchases through the FYOS Equipment Purchase program; and WHEREAS, Englewood was awarded $30,000 towards the purchase of miscellaneous traffic signal equipment along the Broadway and Belleview corridors, which includes a traffic signal cabinet, system detection equipment and signal networks/communication with the City forces completing the equipment installation; and WHEREAS, this will allow the City to control both corridors more efficiendy, selecting proper coordination patterns using actual traffic demand as a guideline when appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The Intergovernmental Agrccmcnt "Contract By And Between The Denver Regional Council Of Governments and City of Englewood " -Project Number 543005, Contract Number EXOS041, attached hereto as Exhi'bit 1, is hereby accepted and approved by the Englewood City Council. ~ 2 . The Mayor and City Clerk arc authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced , read in full , and passed on first reading on the 11'~ day of July, 200S . -1- • • Published as a Bill for an Ordinance OD the 15th da y of July, 2005. Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading OD the 11th day of July, 2005. Loucriabia A . Ellia -2- C ·• • • ~\ tJ r---l l~. CONTRACT BY AND BElWEEH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ('"DRCOG") 4500 Cherry Creek Ort\'9 South, Suite 800 Denver, Colorado 80248 and CITY OF ENGLEWOOD ('"CONTRACTOR") 1000 Englewaod Parkway Englewood, CO 80110 Project Number 5'3005 Contract Number EX05041 RECITALS: A. DRCOG has received U.S. Department of Transportation Congestion Mitigation/Air Quality (CM/AQ) funds throu!1h the Colorado Department of Transportation (COOT), to cany out traffic signal system improvements and purchases in the Denver metropolitan region in fiscal year 2005. B. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumberad balance thereof remains available for payment C. ORCOG desires to engage the Contractor for the purchase of miscellaneous traffic signal equipment consistent with the Traffic Signal System Improvement Program adopted July 2003 and further described in this contract and Exhibit A. D. The Contractor agrees to comply with al relevant provisions of the contract between ORCOG and COOT, Incorporated herein by ,__ ice and made a part of this contract, as if fully set forth, in the monitoring and administration of this contract NOW, THEREFORE, it is hereby agreed that 1. PURCHASE OF THE EQUIPMENT a. b. Gtnol Reayjrements. The Contractor shall admi1ister and purchase the equipment as depicted in attached Exhl,it A. which is made a part cl this contrad. in ac:cordance with Tille 49, Parts 18 and 19, a appropriata, of the Code of Federal Regulatlona ragardllig unlbm admlnistratM requirements for state and local gcMrnmenll and other non-profit organizations. Submiyjonf of PYqcndjngs. Congct. IQd Obc Dgcyments. The Contractor shal submit to ORCOG al dall, repo,ts. records. contrada, and other doc:umenta coledad and developed by the Conlrador r.i.tlng to the project a ORCOG may require. The Contradlor shall ,._, intact. 'I E X h i b i t 1 .. .. ' • • ' C. d. for three years following project closeout. al contract documents, financial records, and supporting documents. Award of Contract. This contract la awarded to the Contractcr based upon the Contractor's project application, which provides that the Contractor be responsible for all expenses aaociatad with acquiring, instalHng, and operating the equipment, exc:ludlng the actual purchase cost of the equipment Contractor agrees that Con1ractDr staff and subcontractors engaged in such will not be reimbursable as part of this agreement No DRCOG Obligations tp Third Pal1jes. DRCOG shaH not be subject to any obligations or llabilitles to any person not a party to this contrad in connection with the performance of this project pwsuant fo the provisions of this contract without its specific written consent. Neither the concurrence in, or approval of, the award of any contract or subcontract or the solicitation thereof nor any other ad performed by DRCOG under this contrad constitutes such consent ~ ACCOUNTING RECORDS a. Accounts. The Contractor $hall astablish and maintain as a separate set of accounts, or as an integral part of its current ac:countlng scheme, accounts for the equipment pun:hases to assure that funds are expended and accounted for in a manner consistent with this contract's agreements and objectives. b. Funds Received or Made Available. The Contractor shall appropriately record in the account d.raimbursernent payments received by it from · ORCOG pursuant to this contract. C. Allowable Costs. Expenditures made by the Contrac:tar shaD be reimbursable as alowable com to the extant they meet a1 of the requirements set forth below. Such expendibnl must 1) Be made in confonnance with the description, budget. and al other provisions of this contract. . 2) Be actual net costs to the Contrac:tar. 3) Be incurred for equipment pu'Chased only a described in Exhibit A. after the date of this contract. 4) Be treated uniformly and ~ under generaly accepted accounting principles. 5) Be in conformance with the standards for lli'Mablty of coltl set forth in Office of Mal iagemn and Budgat Qn:ulars No. A-122 OI A-87 , a app,opriale, l'9glldlng COit prtnc:lplll far l'IOI iprolll organizations Ind ... and local gcMffll'MIIII. 2 ' ... . ,• • • . ( ( d . e. ·• • • 0, LJ \---. C.J Documentation of Costs. Invoices, contracts, and/or vouchers detaiffng the nature of the charges shal support al equipment purchase costs charged to this contract. Checks. Orders, and Vouchers. Any check or order drawn up by the Contractor with respect to 8lt'J item which is or will be chargeable against this contract will be drawn only in accordance with a property signed voucher then on file in the offlc8 of the Contractor, which wiR detaU the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate, and apart from all other such documents. f. Audits and Inspections. At any time during nonnal business hours and as often as ORCOG. COOT and U.S. Department of Transportation (hereinafter, "USOOT"), and/or the Comptroller General of the United States may deem necessary, there shall be made available to DRCOG, COOT, USOOT and/or representatives of the Comptroller General for examination, au records with respect to all matters covered by this contract and the Contractor wil pennit ORCOG. COOT, USOOT, and/or representatives of the Comptroller General to audit, examine, and make excerpts or transcripts from such records, and to make audits of au contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to al matters covered by this contract. 3. TIME OF PERFORMANCE This contract shal commence upon exec1 dlon and shall expire 9 months from the date of execution. 41. COST OF EQUIPMENT PURCHASES The cost for equipment pun::haes in which federal u,ds .,. partlc:ipati lg shal not exceed $30 ,000 .00 (Thirty Thoua1d Dollars). The Contractor agrees to provide al inatdatlon and operation of the purchated equipment at its expense . 5. REQUEST FOR PAYMENT BY THE CONTRACTOR a. Awlm· ORCOG shal Alimtule the CoundlDr 14> to $30,000.00 (Thirty Thousand Dollars) for the purcNM d trafllc: signal equipment .. described in the attached Scope d Servicel. b . Payment. Payment shal be made on the folowil,g bail: An. rec:alpt d the equipment. the Contradlor ..a submit the invcice to the ORCOG Accounting Oepar1rMnt for~ ORCOG wit incarpcnll the Invoice into its next bil to COOT. Upon rec:aipt d payment from COOT by ORCOG and upon vertllcdol, by ORCOG tlat the CoolrlclDr NI ) ' ... • • ·• • • r-\j CJ installed the equipment and that the equipment is operating as intended, DRCOG wiR reimburse the Contractcr for the amount of the Contractor's invoice. It is the Contractor's sole responsibiuty to inataD the equipment and contact DRCOG for field verification prior to receiving reimbursement 8. MANAGEMENT a. b. CRCOG Representatlye .. DRCOG has designated Jerry J. Luor as its representative who win coordinate reviews, approvals, and authorizations. Contractor's Repnpsantatjye. The Contractor has designated Ladd Voatry as its raprasentatlve for this contract who shaU be responsible for coordination and liaison with DRCOG on the equipment purchases associated witti this contract. If at any time a contractor representative is not assigned for this contract. the Contractor shall immediately notify DRCOG and wortc shaU be suspended until a representative has been assigned who is acceptable to DRCOG. c. By signing this agreement, the Contractor also represents that its organization and its principals are not suspended or debarred per Federal requirements. 7. PERSONNEL The Contractor represents it will provide and secure the personnel required in installing, maintaining and operating the equipment listed in Exhibit A. Al of the services required hereunder wiU be performed by the Contrac1Dr or under Ila supervision, and an personnel engaged in the work shal be fuly quallfted and shall be authorized under State and local law ID perform such ~ Such personnel shall not be employees of or have any contractual reldanlhip wilh DRCOG Any subcontracts entered into by the ContractDr aaoclatlld wilh lhla Contract shall include a statement that the parties ID the subcantract understand that DRCOG is not obligated or liable in any manner to the subcontradOr or for the performance by . the Contractor of its oblgatlons ~ the subcontrad. 8. TERMINATION a. Funds not Available . In the event that CMIAQ funds are not made available to ORCOG per Recital A, this Agreement shall lltnninate immediately. b. Termination for Mutual Conyenience . The parties may, with the conc:unwa of COOT, terminate this agreement if both parties agree !hat the equipment purchases specified in Exhibit A would not produce beneflcial ..ullll. c. Termination of Contract for Caua. If through any c:ause, ududlng force majere , the Contractor shall fail to fulftl in timely and proper manner il'a obligations under this contract. or if the ContradDr 1h11 '4lolale any d the covenants, agreements, or stlpulallona of this c:ontrlCI. DRCOG shall thereupon have the right to terminate this contract by giving wrilllln notice lo the Contractor of such termination which 1h11 be ehdM upon rece .~ d the written notice . In that event, ORCOG shal not be reqund ID reimburN the 4 ' .., • • ( Contractor for any equipment purchases not yet billed ID COOT. Notwithstanding the above, the Contractor shaH not be relieved of liability to ORCOG for any damages sustained by ORCOG by virtue of any breach of the contract by the Contractor. d. Tmminatlon fg[ b Convenience g( QBCOG. DRCOG may terminate this contract at any time by giving written notice to the Contractor of such termination, which shaD be effective upon receipt of the wrltlan notice. If the contract is terminated by ORCOG as provided herein, the Contractor shall be entitled ID receive compensation for any equipment purchaeS made prior to the effectMt date of such termination, subject to field verifications being ' completed to the satisfaction of ORCOG. 9. EQUAL EMPLOYMENT OPPORTUNITY .. .. During the performance of this contract. the Contractor agrees to comply with all federal and state laws, rule, regulations, and orders regarding equal employment opportunity. In the event of the Contractor's non-compliance with the non- dllcrimlnatlon clauses of this contract or with any of such rules, regulations, or orders, this contrad may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts In accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 18, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanc:tlons as may be ( imposed and remedies as may be inwked as provided in Executive Order, Equal Opportunity and Affirmative Adlon of April 18, 1975, or by rules, regulations, or orders promulgated In ac:cordance therewith, or as otherwise provided by law. 10. INTEREST OF MEMBERS OF DRCOG AND OTHERS No officer. member, or employee of ORCOG and no members of ill governing body, and no other public official of the gcMffling body of the locally or localltles In which the project is situated or being ClfTied out who U8l'Cisel any functions or responsibilities in the review or approval of the unctet1aldng or carrying out of this project. shall participate in any decision relating ID this contract which affecls his personal interest or the interest of any corporation, partnership, or association in which he is directly or indlrec:tly intetested or have any personal or pecuniary interest. dlntd of indirect. In this contract or the proceeds thereof. 11. INTEREST OF THE CONTRACTOR ~ . No officer, member, employee or agent of the Contractor or any other person who is authorized to uerciN any fwlctlons or responsibilltle in c:or.ieclion with the negotiating, review or approval c:I the undertaking or canylng out c:I eny segment of the program contemplatad by this contract shall tw.'9 llf't ftrw1c:lal or other personal lntarelt. dnct or Indirect. In this contract or 11ft uxu drad thereunder. or in eny • or personal property acquired therefor. Mt person • • who shal involuntarly acquire any such incompatible or conftldlng personal ( interat shall immedlately dllcloM hillhlr' interat to ORCOG in wrtllng. Thereafter (S)he shal not partlc:ipala In 11ft action aff9cllng the program under this contract unless ORCOG shall have delannll led that. In light c:l lhe perlOnll s ·• • • \---. (.:] interest disclosed, the participation in such action 'Mluld not be contrary to the public interest 12. OFFICIALS NOT TO BENEFIT No member or delegate to the Congress of the United Slates of America and no resident commissioner, shall be admitted to any share 01 part hereof or to any benefit to arise here from, except as a member of the public. 13. INDEMNIFICATION The Contractor is an independent contractor and not an employee of ORCOG. As an independent contractor, the Contractor is not entiUed to workers' compensation benefits except as may be provided by the Contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or some other entity. The Contractor is obligated to pay all applicable federal and state income tax on any moneys eamed or paid pursuant to this contract relationship. The paJ1ies agree that the Contractor is free from the direction and control of DRCOG except such control as may be required by any state or federal statute 01 regulation, and that DRCOG does not require the Contractor to 'Mlrk exclusively for DRCOG; does not establish a quality standard for the Contractor, does not provide training, or does not provide tools or benefits of performance by the Contractor except through a completion schedule. To the extent allowable by law, the Contractor shall indemnify, save and hold harmless DRCOG. its officers, employees and agents, against any and aH claims, damages, liabillty and court awards, Including al costs, expenses, and attorney fees incurred as a result of any negigent act 01 omission of the Contractor, 01 its employees, agents, subcantractors 01 assignees related to this contract. The Contractor shatt include language slmiar to the foregoing in any subcontract associated with this Contrac:t. stating that the subcontractor agrees to indemnify, save and hold harmless ORCOG for negligent acts 01 otnisaions of the subcontractor, its employees, agents, subcontractors, and assignees. 14. FEDERAL REQUIREMENTS The Contractor shall at all times during the U8CU1ion d this contract strictly adhere to, and comply with, all appllcable federal and state laws, and their implementing regulations, as they c:unently uilt and mJ1Y hereafter be amended, which are incorporated herein by this reference as terms and conditions of this contract. The Contractor shall also require compliance 'Mltl these statutes and regulations in subcontract agreements associated with this Contract. The Contractor agrees to abide by and folow al applcal* f9deral and stata guidelines when expending any funds resulting from this canlrad. Thia lncludel. but is not limited to , the Procunwnent Standards Mt forth in Subpart C of OM8 Circular Ar-110 and the applicable provisions of the Federal Acquilitlon Regula tion (•FAR"), together with any additlalll OI supplamentl thereto promulgated by the Funding Aqtettcy. Currn r9guldoN can be found at http ://www .amet.gov/far/. 6 ' • • ) C To the extent allowable by law, the ContractDr agrees ID ~. uve and hold hannlesa, DRCOG, i1s offlcn, emplo)W, agents, IUbc:ontradDrl, and aaignees should these regulatlons not be followed. 15. CHANGES Al changes ID this contract shall be In the form of a written supplemental agreement, signed by the ~ ID this agreement 11. GENERAL By: By signing this agreement, the Grantee represents that i1s organization and Its p,tncipals ant not suspended or deband per Federal req"*9mentl. Thia contract represen1B the entire agrNTW1t between the Contractor and DRCOG, replacing and superseding any inwx,s contract, oral or written, which may have existed between the l*1les relating ID the mat18ra set forth herein. IN WITNESS WHEREOF, the 1*11es hlrela have executed this contract on the __ day of 2005. DENVER REGIONAL COUNCIL OF GOVERNMENTS CITY OF ENGLEWOOD By: _________ _ Douglas Garrett, :,layor ATIEST: ATTES"r. By: Betty L McCarty Administrative Officer 7 By: ___ .,....,........,...~~--- Loucrisnia A. Ellis City Clerk ... ' .. • • EXHIBIT A DRCOG Signal Equipment Pun:hae Seo~ of Services The City of Englewood will purchase traffic signal and communication equipment for its traffic signal system at various locations in the city. The equipment to be purchased. and the locations for deployment consist of: Location Equipment Estimated Coat Belleview & Oari<son Fiber optic transceivw $1,850 Belleview & Logan NEMA controller cabinet $10,500 Fiber optic transceiver $1,850 Broadway & Kenyon Fiber optic transceiver $1,850 Belleview (Clarkson to Broadway) Fiber optic cable $2,550 ' Broadway (Kenyon to City Hal) Fiber optic cable $9,550 Fiber optic transceiver $1,850 Total &tlmalacl C08t $30,000 .· • .. ( , COUNCIL COMMUNICATION Date: Agenda Item: Subject: July 11, 2005 9 a ii IGA with Arapahoe County for Coordinated Election Services Initiated By: Staff Source: Election Commission Frank Gryglewicz, Director of Finance and Administrative Services City Clerk's Office Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PRMOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. RECOMMENDED ACTION Staff recommendation that Council adopt a Bill for an Ordinance approving an Intergovernmental Agreement (IGA) between the City of Englewood and Arapahoe County for the November 1, 2005 Coordinated Mail Ballot Election. Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on November 1, 2005. The County has the capability of coordinating this election and including the City of Englewood . Th e El ec tion Commission agrees that it is in the best interest of the electors of Englewood to condu ct future elections jointly with the other political entities within the County. In order to pa rtici pate in the 2005 c oordinated election, the City of Englewood must enter into an In tergove rnm ental Agree ment with Arapahoe County. Staff has reviewed the propose d Intergovernmen tal Agreement and concurs with the Commission's recommendation . FINANCIAL IMPACT Since costs are base d on seve ral vari ables, i.e. th e number of registered electors in the City of Englewood at th e time of th e el ection, the number of ballo t questions, the number of entities pa rt icipating in th e electi on, th e fina ncial impact is only an est imate. Based on the known fa cts, th e cost of the 200S municipal election has been b udgeted at $25,000. LIST OF ATTACHMENTS Bill for an Ordinance t ... • • ORDINANCE NO. SERIES OF 200S BY AUTHORITY AH OllDINANCB APPROVING AN INTBROOVERNMENTAL AGRBBMENT , BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THllOUOll 111B AllAP.AHOB 001.JNTY CLERIC. AND , RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDDfATBD l!LBCl'ION ON NOVEMlll!ll l, 2005. I - WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S .) u amended, govcrnmcntal entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer cxpcnscs; and WHEREAS, the City of Englewood bu participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have dc1ermincd that it is in the best interest of the taxpayers and the elccton to conduct a coordinated election for the November l, 200S election; and WHEREAS, Arapahoe County and the City of Enalcwood desire to let fortb their respective responsibilities for the coordinated election pursuant to the lntergovcmmcntal Agreement. NOW, THEREFORE., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectiog 1. The lntergovcnuncntal Apccmenl for Coordinated Election is attached bcmo u "Exhibit An; the time guidelines acbcdulc is available in the Office of the Englewood City Clerk. The lntcrgovC111111CDtal Aar-t for Coontinaled Election is hereby accepted and approved by the Englewood City Council . -1- t • • Sectioo 2. The Mayor and City Clerk are authoriz.ed to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the I Ith day of July, 200S . Published as a Bill for an Ordinance on the IS'b day of July, 200S . ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, bereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on fint reading on the __ day of 200S . Loucrisbia A. Ellis -2- ( ( ·• • • INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 1, 2005 (Election Only) This Intergovernmental Agreement is entered Into by and between the Board at County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "Countyj and the ------'c ... 1 ... cy._..o...,f ,,...!_n-.d..,e .... wg .. gd"'!'--.,.,-,,,,...-,-...,.,...--------(hereinafter referred to as the "Political Subdivision• and/or "Jurisdiction"). WHEREAS, pursuant to the Uniform Election Code of 1992. (Articles 1 to 13 of TIUe 1, C.R.S.) as amended. govemmental entitles are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS. the County and the Political Subdivision have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 1, 2005; and WHEREAS. the County and the PoliUcal Subdivision desite to set forth their respective responsibilities for the Coordinated Election to the Intergovernmental Agreement. NOW, THEREFORE. IT IS AGREED by the County and the Polltlcal Subdivision as follows: 1. The November 1, 2005 election shall be conducted as a Coordinated Election in accordance with the Uniform Eledion Code of 1992 (Articles 1-13 of Tille 1, C.RS.). The election participants shall be required to execute agreements with Arapahoe County for this purpose and may include municipalities, school districts and special districts within the Arapahoe County limits and the State of Colorado. 2. The November 1, 2005 election shall be conducted by the County as a mail ballot election. 3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Elec:tlon Official and the Political Subdivision hereby identities Loycr1.shia A. Jlli•, City Clerk as its Designated Election Official. 4 . The County shall perfam the folowil,g tasks in relation to said election, to wit a. Negotiate an agi ..,,.-rt fer the printing of the afflc::ial ballols. b. Provide a cor,y of the balot layout and the text r:J the offlcial balot to the designated election official for proofrwmg befcre au1hol1zalioi I to begin printing r:J al balots. c. Certify the complete number r:J registered eledcB within the Arapahoe County portion of the Political Subdivision no later than OdDber 14, 2005 . d. Provide support on the date r:J the eledicn by telephone and in person, lhcud the need arise , until ccunting r:J the ballots is ccmpleted. e. Provide unofflcial results r:J the eledion on election night by talept,oi1e ot by facsmle transmittal upon 19quest. f. Maintain a lilt of adlAal -«>tllrS from the November 1, 2005 tledion, and upon req'*', generate a prinled lat of the persons who ~ ~ the eledian. The coat wil be $.005 (112 cent) per name . ! I • ,t. ' .. .. • • • g. h. ·• • • Store all voted ballots for a minimum of 25 months, and all other materials required by law (Section 1-7-802. C.R.S.) to be saved, in such a manner that they may be accessed by the participating jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the election. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's administration of the election for the jurisdiction. Toe participating jurisdiction's proportional shara of actual costs shall be based on County expenditures relative to the November 1, 2005 election. i. Appoint. compensate. instrud and oversee the board of canvassers. j. Appoint, compensate, instruct and oversee the judges of the eledlon. k. No later than 20 days prior to the eledlon, provide the participating jurisdiction test ballots of the jurisdiction's ballot style(s) to allow for testing rt eledronic vote-counting equipment I. Publish and post the required legal notice pursuant to C.R.S. 1-5-205 that is published no later than 1 O days prior to the election for the jurisdiction's ballot questions and candidates. m. Enforce Fair Campaign Practice Ad (Article 45 of Title 1, C.R.S.) as it relates to the November 1, 2005 election. n. Provide and operate the County's electronic vote-counting equipment There will be no charge for the pre-election preventative maintenance on the electronic vote-counting equipment for this election cycle. 5. The Political Subdivision shall perform the following tasks in relation to said election, to wit a. Certify the candidates, if applicable, the list of ballot issues and/or ballot questions of each ballot issue or question on a diskette in Microsoft Word format along with a paper copy of the ballot content no later than 4:00pm on September 2. 2005. The ballot content must be certified in the order in which it wiU appear on the ballot. The certffled ljst qf candidates, ballot issues and/or ballot questions shall be final and the County wiH not be responsible tor making any changes after the cartjfication, b. Within one day of receipt, proofread the layout and the text of the jurisdiction's portion of the official ballots before authorizing the printing rt al ballots. C. Publish and post any required legal nolices for the jwisdlcllon's candidates, ballot issues and/or ballot questions, other than the notice required by C.R.S. 1-5-205 lhat is published no later than 10 days prior to the election. d. P•e11.,., hand-count and deliver to the County Clertt, the required test deck of ballots for testing the electronic vote counting equipment, no later than Octcber 14, 2005. e . Remit payment directly to Arapahoe County within 60 days rt billng for its prorated share of ALL COSTS relating to the printing and mai&ng of ba1ots and al other e1ec:t1or1 expenses described in Section 4 . f . Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Trtle 1, C.R.S .), and the time guidelines schedule as attached hereto as these relate to the November 1, 2005 election. The Political Subdivision shaU notify the County of any exception no later than 29 days prior to the election. g. The Political Subdivision shall defend and resolve at its sole expense all challenges relative to the candidates, ballot issues and/or ballot questions as certified to the County for inclusion in the November 1, 2005 Coordinated Election. h. Submit to the County a copy of the participating jurisdiction's map with the list of county precincts. wh ich corresponds to the County's precinct map, no later than August 22, 2005. 2 ' .. -· • • --- ( I. Certify to the County, the political subdlvialons' legal boundaries and a copy of the participating jurisdiction's map with the list of county precincts no later than August 22, 2005. j. Deliver all requests for absentee ballots to the County for proc:eaaing. Such requests shall be delivered or faxed ~ to the Arapahoe County Clerk and Recan:ter's offlc:e. 6. The Political Subdivision avers that it has sufficient funds available in its approved budget to pay its prorated eledlon expenses for the November 1, 200S Coordinated Election. 7. Unless otherwise agreed in writing, this Intergovernmental AgrNment and the interpletatlon thereof shaH be governed by the laws of the Stal8 of Colorado. 8. Should any provision of this lntergovemmental Agreement be detannil led by a court of competent jurisdiction to be uncanstltutlonal or otherwise null and void, It is the inlllnt of the parties hereto that the remaining provisions of this lntargovemrnenta Agreement shall be of fuB force and effect 9. Notices to be provided under this lntergovernmenta Agreement shaB be given in writing either by hand delivery or deposit in the United Sta19s mail, cer1ffled mall, return receipt requested, with sufficient postage, to the following persons: Na,cy A. Doty Arllpatloe County Clerk and Recorder 5334 South Prince Sl Utlleton, Colorado 80168--0211 DEO Name: Louc;rlahia 4, Rllif T1tle: c1cy Cl•[k Adcnu: 1000 Kpglpood Parkyay City, St,Zlp: !nglpood. CO 80110 10. This lntergovemmental Agreement may not be modified, amended or otherwise altered unless mutually agreed upon In writing by the parties hereto. ARAPAHOE COUNTY BOARD OF COUNTY COMIUSIONERS Lynn Myers, Chair ATIEST: Date Nancy A. Doty, Coordlnatad Electlon Offlclal Date JURISDICTION NAME:. ___ _..c .... 1, ... y~ofi,....a!n1o111u.l111gpod ________ _ By Douglas Garrecc Date Mayor Title • • l DATE DAY ( ·,n 1 Sat Jan 31 Mon June1 Wed July 11 Mon J Jly22 Fri Aug2 Tues ·• • r.-..:.. • ( \ \. \ ~-~ 2005 ARAPAHOE COUNTY ELECTION CALENDAR EVENT/ACTION ABSENTEE BALLOT APPLICATION Earliest day to apply for an absentee ballot for an election in 2005 . (Exception for absent uniformed services elector , a nonresident overseas elector, or a resident overseas elector , as defined in section 1-2-208.) YVl,.n;;:, Ll~I The County Clerk and Recorder shall furn ish to the county chairpersons of tha two major pomical parties a list containing the names, addresses, precinct numbers , and party affiliations of the electors whose names were canceled from the reg istration record (no later than ninety days following any general election .) The clerk shall transmit to the Secretary of State a list of the canceled voters in the accepted media format. POLITICAL ORGANIZATION STATUS Last day for the Secretary of State to notify County Clerks of qualified political oraanizations· loss of aualified status. UPDATED ELECTION LAWS No later than 60 days after the adjournment of the General Assembly, the Secretary of State shall transmit unrtAted election laws to the counties. POLITICAL SUBDIVISION NOTIFICATION TO CLERK Last day for political subdivisions participating in a General Election to notify the County Clerk . 1100 davs before the election\. MUNICIPAL NOMINATING PETITIONS Earliest day a municipal candidate may circulate a nominating petition . (91 days STATUTE/ RULE 1·8-104 (3); 1·8-103 .5 (1.5) 1 ·2-605 (8); (9) S.O.S . Rule 3.8 1·1-108(1) 1-7-116(5); 1-1-106(5) 1-4-805 lorior to the election.\ Petitions are filed with the municiruol clerk . NONPARTISAN CANDIDATE NOMINATING PETITIONS Aug3 Wed Earliest day a nonpartisan candidate may circulate a nom inating petition. (includes Rule4 .1 school board candidates) 190 davs orior to the etectlon.l (922 MUNICIPAL NOMINATING PETITIONS Mon Last day to file municipal candidate nominating petitions with the municipal clerk. 1-4-805 (No later than the 71 st day orior to the election .) INTERGOVERNMENTAL AGREEMENTS DEADLINE Aug23 Tues Intergovernmental agreements to be signed by County Clerks and political 1-7-116(2) subdivisions . (No later than 70 davs before the election\. WRITE IN CANDIDATES DEADLINE Aug23 Tues Last day to file an affidavit of intent to run as a write-in candidate for a non-partisan 1-+1102(2) election . (Close ol business on the 70th r1,n, before the election.) MUNICIPAL NOMINATING PETITIONS , Aug26 Fri The nominating petition for a municipal candidate may be amended to correct or 1-+805 replace signatures that are not in conformity with requirements. (Before the 871h day before the election .) NONPARTISAN CANDIDATE NOMINATING PETITIONS Aag 26 Fri Last day for candidates for the office of school district director to file a nomina!ion 1-.4-803(2) I oetition . (No later than 67 davs before the election date .\ CANCELLATION OF ELECTION Aug30 Tues A nonpartisan election may be canceled if the only matter before the electors is the t-S-208(1 .5) nom ination of candidates and there are not more candidates than offices to be filled . (Al the close of business on the 63td day before the elec:ticx ,) CERTIFICATION OF BALLOT BY PARTICIPATING POLITICAL SUIIDMSIONS Last day tor designated election official from each political subclvilion that intends Sept2 Fri to conduct an election to certify the ballot content. The certification lhal be 1·S-203(3)(a) delivered to the County Clerk and Recorder of each county that hu a wntory wilhiri the po litica l subdivision if the elect ion is coordinated With the Clerk 111d Aecordlr. (No later than 60 davs orior to the election . I CERTIFICATION OF BALLOT BY SECRETARY OF STATE Sept 5 Mon Last day for the Secretary of State to send notice and certdicatlon of the 1-S-203(1) Coordin ated Election ballot to the County Clem. (At IMll 57 days belol9 the Coottlin a1ed Eleci ion ) u.. Illa -• .....,_ .... only. SUBJECT Absentee Voter List Political party Election laws Political subdlvlaion Municipal Nonpartisan Candidate lblicipal IGA WIiie In t.\lllicipal School Election Cancelallon Certillcalion of Ballot Cerlllcallon of Ballot Rev,sed 06/24/2005 Ret.r to Ille Colorado ConllnUIIOII , ~ Staiu.. an11 SOS AIM lo,......-~ P8Q11of5 ' • • - DATE DAY SeptS Mon SeptS Mon Sept7 Wed Sept 16 Fri Sept16 Fri Sept 19 Mon Sept20 Tues Sept22 Thur Sept22 Thur Sept26 30 Sept28 Oct2 Sept30 Fri Sept30 Fri Sept30 Fri ·• • • 2005 ARAPAHOE COUNTY ELECTION CALENDAR EVENT/ACTION BAJ.LOT ORDER • LOT DRAWING DEADLINE The ballot arrangement of the names of all duly nominated candidates shall be established by lot at any time prior to the certification of the ballot. (No later than 57 davs orior to the election . I SPECIAL WRITE-IN ABSENTEE BALLOT Last day for election official to send qualified electors special write-in blank absentee ballot along with a list of all measures that are to be submitted to the voters. (No later than 57 davs Drior to the election .I MAIL BALLOT PLAN DEADLINE TO SECRETARY OF STATE Last day to notify the Secretary of State and submit a plan for a mail ballot election. ICNo later than 55 davs oriorto the election.) TABOR COMMENTS DEADLINE (DESIGNATED ELECTION OFFICIAL) Last day to file pro/con comments pertaining to local ballot issues with the designated election official in order to be included in the issue mailing. (Friday before the 45th dav before the election.I ALTERNATE BALLOT COUNT Final day for the Secretary of State to approve alternate ballot counting. (No later than 45 davs before the General Election .I TABOR COMMENTS DEADLINE (PETITION REPRESENTATIVE) Last day for a petition respresentative to submit a summary ol comments in favor of their local ballot issue. (No later than 43 davs before the election.) TABOR COMMENTS DEADLINE TO COUNTY CLERK & RECORDER Last day for the designated election official to deliver ballot issue notices to the Countv Clerk and Recorder . INo later than 42 davs before the election.) REGISTRATION UST (CO CLERK) & PROPERTY OWNER UST (ASSESSOR) Last day for the designated election official to order registration and property owner records for use by election judges. (No later than the 40th day pr1IC8ding the alection.) MAIL BALLOT PLAN DEADLINE FROM S..r.RETARY OF STATE Last day for the Secretary of State to give wm'ien approval to a submitted mail ballot olan. I 15 davs alter submission of lhli nhln.l VOTER REGISTRATION FORMS TO COUNTY CLERK The authorized employee at driver's license examination faciltties shall forward voter registration applications on a daily basis, to the County Clerk and Recorder of the county in which the f.acility is located. (II open during the last week allowed for reoistration orior to the election.) VOTER REGISTRATION FORMS TO COUNTY CLERK If a voter registration application is accepted at a voter registration agency, the application shall be transmitted to the County Clerk and Recorder of the county in whic h the agency is located, not later than five days after the date of acceptance. (Du ri ng the last 5 days before the last day for registration to vote in the electlon .) BALLOTS PRINTED & AVAILABLE Ballots for a nonpartisan election must be printed and in the possession of the desianated election off ic ia l. (No later than 30 davs before the election .I TABOR NOTICE MAILED Last day to ma il notice of election ballot issues . (At least 30 daya before election.) REGISTRATION UST (CO CLERK ) & PROPERTY OWNER UST (ASSESSOR) Registration and property owners list may be ordered by the designated election offici al with the first list as of the 30th day before the election and the supplemental li st orovided the 20th dav before the election . VOTER REGISTRATION DEADUNE vct3 Mon Last day to register to vote for the Coordinated Election . (No later than 29 daya ~ the Coordinated Elect ion . I U.. Ills NI......_ guide only. STATUTE/ RULE 1-5-406 1-8-116(2) 1-1-106(5) 1-7.5-105(1) Rule 6.2.2 1-7-901(4); Art. x. Sec. 20 (3)(b)(v) 1-7-603; 1·1-106(5) 1-7-903(3) 1·7-904 1-5-303(1); 1-5-304(1); (2) 1-7.5-105(2) 1-2·213(2)(d) 1·2·507 1-~; 1-1-106(5) Art. X Sec. 20(3)(b); 1 -1-106(5) 1-5-303(1); 1-5-304(2) 1-1-106(5) 1-2-201(3) SUBJECT Lot Drawin Special Absentee Mail Ballot Plan TABOR sos Approval TABOR Sunvnary TABOR Voter List Mall Ballot Plan VOIIM Regillrallon VOIIM Aegillratlon 8alola Prilud TABOR Votat L1at VOIIM ~? Aegiallation ReV1Sed 06/24/2005 Reier to lhe Colofaoo Conslllullon. ~ Sia~. end SOS Aulel lor applicable p,o,,,soons. Page 2ol5 ' • • LJATE DAY /' ·t 4- ,, •• JV 1 Oct7- 17 Oct 7- Nov1 Oct 11 Tues Oct12 Wed Oct 12 Wed \,ct 13 Tues Oct14 Fri Oct17 Mon Oct21 Fri Oct21 Fri Oct 21 • Nov3 Oct22 Sat Oct28 Fri ·• • • n I I ,J ----------------· 2005 ARAPAHOE COUNTY ELECTION CALENDAR EVENT/ACTION EMERGENCY REGISTRATION Elector may complete a swom affidavit for a change of address in the County Clerk's office stating that ha/she moved within the county no later than the 30th day before the election. (For the 28 days before and on the day of the election.) MAIL BALLOT PACKETS MAILED The designated election official conduc11ng a November 1 mail ballot election shall send a mail ballot packet to each eligible elector. (Not aooner than 25 days before an elactlon and no later than 15 dava before an etection .l MAIL BALLOTS AVAILABLE Mail ballots shall be made available at the designated election officlars office for eligible electors listed as inactive or who are not otherwise listed in the county voter registration records but who are authorized to vote. (Not sooner than 25 daya before an electlon, nor later than 7 o.m . on Electlon Dav.l FAIR CAMPAIGN PRACTICE ACT FILING DUE Contribution and expenditure report shall be filed with the County Clerk & Recorder or the Municipal Clerk (MANUAL flllng. reporting period 11128/04 thru 10l6/05) REGISTRATION UST (CO CLERK ) & PROPERTY OWNER UST (ASSESSOR) The County Clerk and Recorder shall make available a supplemental list of the electors who have become eligible to vote since the earlier list was certified and County Assessor shall make available the supplemental list or all recorded owners of real property who have become owners since the first list was certified (No later than 20 days prior to election.) NOTICE OF ELECTION Last day for the designated or coordinated election official to provide published notice of a mail ballot election. (No later than 20 davs nrior to election.) FAIR CAMPAIGN PRACTICE ACT FILING DUE Contribution and expenditure report shall be filed with the County Cieri< & Recorder or the Municipal Clerk (EL.ECTAONIC flllng · reporting period 11 /28/04 thru 1 Ol6/05) CONTINGENCY PLANS DEADLINE Last day for the County Clerks to Ille contigency plans for their electronic vot• counting facilities. (Al leaat 1 -'< befcn any ballola art counted electronically) DEADLINE FOR MAIL BALLOT PM.KETS Last day to mail the mail ballot packets to each active registered voter. (No later than 15 days before and election.) ABSENTEE BALLOT REQUEST DEADLINE • MAILED Last day to apply for an absentee ballot for the Coordinated Election if mailed. (11 davs orior to the election .) NOTICE OF ELECTION FILED WITH COUNTY CLERK The designated election official shall mail a copy of 'the notice of election to the county clerk and recorders of the counties in which the potitical subdivision is located if the clerk is not the coordinated election official. (No later than 1 o daya prior to the elactlon). NOTICE OF ELECTION POSTED A copy of the notice of the election shall be posted in a conspicuous place in the office of the designated election official. (Al least 1 o days prior to and until 2 days altar the election .) MAIL BALLOT COUNTING MAY BEGIN Count ing of mail ballots may begri 1 O days prior to the election. No l'MUlla can be dlacloMd until aftar 7:CIO n.m. on election .tav. ABSENTEE BALLOT REQUEST DEADLINE -IN PERSON Last day to apply for an absentN ballot for the Coordinated Election if not mailed. ,(Friday 0(9Cedlna the election .) UN ltlla •a,..._ .... GIiiy. STATUTE/ RULE 1-2-216(4)(8) 1·7.5-107(3)(a) 1·7.5-107(3)(c) 1~ 108(2)(a)(II) 1-5-303(1)(2); 1-5-304(1)(2); 1•7 .5-107(2)(b) 1•7.5- 107(2.5)(a) 1~ 1 08(2)(&)(11) 1-&-302(2); Rule 11.8.1; 1-1-106(4) 1-7.5-107(3)(8) 1-8-104(3) 1·5-205(2) 1-S-205(1.3) 1-7.S-107 .5 1-8-104(3) Ral9, ID 1he CdDledD Conetill*ln. AeviMd SlaUla. and 908 Ala lat maliclllle DftMllana. SUBJECT Emergency Registration Ballots Mailed Balk>ta Available FCPA Voter Liat Notice of Elecllon FCPA Contilig111 ic:y Plan Balola Malled Absentee Notice of Elecllon Notice of Eledlon Ballot Counting Aba«IIM ' · .. • • - DATE DAY Oct28 Fri Oct30 Sun Nov1 Tues Oct 31 • Mon Nov1 Tues Nov1 Tues Nov1 Tues Nov3 Thur Nov3 Thur Nov9 Wed Nov 16 . Wed Nov 18 Fri . Nov 18 Fri Nov 23• Wed Nov25 Fri - ·• • •• c-- J ( ·1.___) 2005 ARAPAHOE COUNTY ELECTION CALENDAR EVENT/ACTION FAIR CAMPAIGN PRACTICE ACT FILING DUE Contribution and expenditure report shall be filed with the County Clerk & Recorder or the Municipal Clerk (MANUAL ftllng -reporting period 10/7/05 thru 10/23/05) FAIR CAMPAIGN PRACTICE ACT FILING DUE Contribution and expenditure report shall be filed with the County Clerk & Recorder or the Municipal Clerk (ELECTRONIC ftllng -reporting period 10/7/05 thru 10/23/05) COORDINATED ELECTION (OFFICE open 7:00 a.m. to 7:00 p.m.) For local or statewide matters arising under Article X, Section 20 of the State Constitution and for regular biennial school elections. (The first Tuesday in November of odd numbered years.) EMERGENCY ABSENTEE BALLOT REQUESTS Emergency absentee ballot requests must be made after the close of absentee ballot deadline and before 5 :00 p.m. Election Day. The ballot must be returned no later than 7:00 o.m. on Election Dav. ABSENTEE BALLOTS RETURNED All absentee ballots shall be in the hands of the county clerk no later than 7:00 p.m. FAIR CAMPAIGN PRACTICE ACT • off elec:tlon yur Annual contribution and expenditure report for committees which were active in a previous election shall be filed with the County Clerk & Recorder or the Municipal Clerk (MANUAL ftllna -raoortina oeriod 10/27/04 thru 10/27/05) FAIR CAMPAIGN PRACTICE ACT • off election yur Annual contribution and expenditure report for committees which were active in a previous election shall be filed with the County Clerk & Recorder or the Municipal Clerk {ELECTRONIC ftllna • raoortina l'JAriod 10/27/04 lhru 10/27/051 SIGNATURE DISCREPENCY ON MAIL BALLOT County Clerk shall send a letter to eligible electors who voted by mail ballot, but whose signature is not provided, or whose signature does not appear to match the signature on file in the office of the County Clerk & Recorder, with a form to confirm that the elec1or returned a ballot. (Within 2 davs altar election dav.l SIGNATURE DISCREPENCY ON MAIL BALLOT In the case of a discrepancy in signatures, last day for elector to return form confirming that they did send a ballot to the County Clerk & Recorder. (Within 8 days altar election dav.l SCHOOL BOARD MEETING Organizational meeting for the School Board shall be held. (Within 15 days after the election .) CANVASS BOARD County Board of Canvassers shall prepare official abstract of votes cast for the General Election. {No later than Iha 17th dav altar the General Election .I ELECTION RETURNS TO SECRETARY OF STATE Last day for County Clerks to transmit returns to the Secretary of State. (No later than the 18th day after the election.) OATH OF OFFICE • SCHOOL BOARD CANDIDATES The winning candidate for a director of school district shall take the oath of office. The oath shall be filed with designated election official for the school district. (No later than 15 days following the survey of results . ·However, achools coordinating wtlh the County Cleric & Recorder have until 15 days alter the Canvau Board certifies the elaction . The last day for the Canvass Board to certify results is Nov. 18) ELECTION RETURNS COMPILED BY SECRETARY OF STATE The Secretary of State shall compile and total the returns received from an counties and determine if a recount is necessary. (No later than 24 days after the alec:tlon .) u.. lhla -• ....._ guide only. STATUTE/ RULE 1·45- 108(2)(a)(II) 1-45- 108(2)(a)(II) 1-1-104(6.5); 1-41-102(1 ); 1-7-101; Art .X, Sec. 20(3)(8) 1-8-115(1 )(b);1- 8-115(2) 1-8·113(1)(a); 1 8-115(1)(b); (2) 1-45- 108(2)(a)(II) 1-45- 108(2)(8)(11) 1-7.5- 107.3(2)(a); SOS Rule 13.9.1 1-8-114.5(2)(8) 22·32·104(1) 1-10-102(1) 1·10-103(1) 1-1-106(5) 22-31 -125; 1-10-203(1) 1-10-102 1-10-103(2); SUBJECT FCPA 1 L) FCPA ELECTION DAY Absentee Absentee FCPA FCPA Signature Verification Signature Verification School Canvau Board Abstract to sos School f. Recount I Revised 06/24/2 005 Re ie r to the Colorado Constrt ution , Reviaed SIIIIIMI. and SOS Ruin for applicable l)IOllislona . Page4of 5 ' .. •· • • DATE DAY r -v2S Fri " . . . Dac1 Thur Dac1 Thur Dec 1 Thur L. Dac3 Sat ( 2005 ARAPAHOE COUNTY ELECTION CALENDAR EVENT/ACTION RECOUNT REQUEST DEADLINE Last day an Interested party may request a racount at their own expense. The request shall be flied with the govaming body that certified the ballot. (Wllhln 24 c:laya after the election, to be no latw than the '3d' dav llfl8r the ..::lion) RE!wUUIII ........ ·-ATION Whan an Interested party flies a request for a recount the designated election official or other governing body that certified the ballot isaue, shall notify the polltical subdivision within which the election was held of the raqueat. (No i-, than the day 'following the request.) RECOUNT COST NOTIFICATION The election official who will conduct the racount shal determine the coat of the racounl (Wllhln 1 daY ol .-Mnn the nlCIUNt to l'9DOUl1t. If flied on the lut dav.) RE'-UUNT ~• PAID The intar8st8d party that requested a recount shall pay the coat of the recount by cer1illed funds to the election official with whom the request WU flied. (WIINn 1 day of ,-Moo the elec:llon offlclal's coat detem*lallon, II flied on the last davl. CERTIFIED RESULTS FOR SPECIAL DISTRICT The resulla of a special dlatrlct alactlon shall be certified by the district's designated election olflcial to the dvlslon of local IWllhln 30 dllvil an., the ..::lion.I FAIR CAMPAIGN PRACTlCE ACr FIUNG DUE Contribution and expenditure report shall be fled with the County Clerk & Recorder or the Mwaiclpal Clerk (IIANUAL MIii · rapo,11ng period 10/24/05 ttvu 11/28/05) DEADLINE FOR MANDATORY RECOUNT Last day to complete a mandatory or requested recount. (No later than the 30lh day altar the alectlon.l FAIR CAMPAIGN PRACT1CE ACr FILING DUE Contribution and expenditure report shall be flied with the County Clerk & Recorder or the Mwalclpal Clerk (!LECTAONIC MIii • r9PC)l1lng parlod 10l24'051htu 11/28I05) u.. ..... ...._ ........ STATUTE/ RULi! 1-10.5-102(1): (2): 1•1-108(5) 1-10.5-108(2): 1-1-108(4) 1-10.5-108(2) 1-10.5-108(2): 1-1•108(4) 1-11-103(3): 32-1-104 1-45- 108(2)(a)(II) 1-10.5-102(2): 1 10.5-108(2): 1-1 108(5) 1-45- 108(2)(a)(II) IUIIJECT Recount Recount Recount Recount Special Dllbtct RNIIIII FCPA Recount FCPA RevtNd 06/2412005 Reier to Ille Coalado ~. A9oilNd ---. n 908 IWII tar appliable pllMllclna. Plgl5of5 • • ( I COUNCIL COMMUNICATION Date: Agenda Item: Subject : July 11, 2005 9 a iii Acceptance of Justice Assistance Grant Initiated By: Staff Source: Department of Safety Services Byron Wicks, Commander COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Department of Safety Services, Police Division, recommends that City Council approve a Bill for an Ordinance authorizing and approving the acceptance of the Justice Assistance Grant in the amount $26,562. The Justice Assistance Grant is a non-matching grant BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Department of Safety Services, Police Division, requested funding for a new Mobile Data Terminal Server to run NCIC/CCIC clearances. This purchase will provide stabilization to the Mobile Data System , as the current computer is not designed for this purpose. This server is a vital part of the System . Additionally, we requested funding to offset the cost of a computer aided dispatch hardware upgrade. The current equipment is outdated. Recent concerns with the current equipment have dictated the need for purchase of the new equipment to upgrade to a Windows platform . This will provide an efficient sys te m and increase officer safety. Both projects are being worked on as a team effort between the City Information Technology Department and Safety Services staff. FINANCIAL IMPACT The cost of the MDT server is $3,263 . The cost of the Windows platform equipment upgrade is $23 ,299. The financial impact to the City of Englewood is none, as the grant is a non-matching grant LIST OF ATTACHMENTS Bill for an Ordinance t ..• • • C C ORDINANCE NO. SERIES OF 2005 BY AUTHORITY ~"911.t; INTRODUCED BY CQl,JNCIL MJ!MB!lt _· ___ _ AN ORDINANCE AUTIIORIZINO THE ACCEPTANCE OF AN INTEROOVERNMENT AL GRANT "THE JUSTICE ASSISTANCE GRANT'' BETWEEN THE CITY OF ENGLEWOOD, AND THE EDWARD BYRNE RJSTICE ASSISTANCE PROGRAM WHICH IS FUNDING FOR A NEW MOBILE DATA rJ'ERMINAL SERVER TO RUN NCIC/CCIC CLEARANCES. WHEREAS, the Englewood Department of Safety Services, requested funding for a new Mobile Data Terminal Server to nm NCIC/CCIC clearances which will provide stabilization to the Mobile Data System; and WHEREAS, the Justice Assistance Grant is a non-matching grant; and WHEREAS, the City of Englewood submitted an application and bas been awarded a $26 ,562 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 u Exhibit A. Sectjop 2. The Mayor and City Clerk arc authorized to execute and attest said Intcrgovcmmcnlal Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the I 11~ day of July, 200S. Published as a Bill for an Ordinance on the 151~ day of July, 200S . Douglu Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -1- t -· ... • • I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 11th day of July, 200S. Loucriahia A. Ellis -2- t • • ( l ·• • • Edward Byrne Justice Assistance Grant Program Page 1 of2 Edward Byrne Justice Assistance Grant Program F.ac5-CO-OJ Application Application Handbook Overview Applicant Information Project Information Budget and Program Attachments Assurances and Certif!ca.tlQ!l Review SF 424 Submit Application Help/Freguentlv Asked Questions GMS Home Correspondence ISw!tC!1 ~_. .. _____ -·· 3 Applicant Information Verify that the following Information filled is correct and flll out any missing information. To save changes, click on the "Save and Continue" button. *Is the appllcant dellnquant on any r Yes IS No l'ed-ldebt • Employer Identification NumNr (EIN) ~-~ *Type ol Appllcant !Municipal ...... -· ·-·· ------ __ 3 Type ol Appllcant (Other): I . ·------·---- *(lr9antutlonal Unit !Department of Safe_ty s *Lagal Name (Lagal Jurtsdlctlon jc11y of E~---· Name) *Vendor Addrwa 1 13615 South E1all . - vendor AddNIS 2 I .. *Vendor City !Englewood -·-· Vendor County/Parish I *Vendor State !Colorado 3 .. .. *Vendor ZIP liiiro~ Need help {g[ Zle±41 PleaN provide conlact lnfwnlati.l far m.-.1........._ 1111a ap11Hcallon •Contact Pratbc: !Other 3 Contact Prwftx (Other): ~Ider -contact l'lnt N-: leyron - Contact Mlddle lnltlal: ' -contact I.Mt .._: IVtis Contact Suflbr: 'Select • Sulllx ..:J Contact Suflbr (Other) : II *Contact Tltta: •Contact Addraa Una 1 : (ji 15 Soulh Elall hnps :/1grants .OJp usdo go /gm~emal/applicantlnformation.do 6/22/200S I > ~ I I I , /J • ' • Edward Byrne Justice Assistance Grant Program Contact Add.-Une 2: I_ _____ _ *Cantact City Contact County: L. -_ _..:J *Contact Zip Code: ~11~. -~1~--.,.... ..., ror ZIP+4? --:g__ https:1/grants.ojp. usdoj .aov/amscxternal/appiic:aadaformalicdo C Edward Byrne Justice Assistance Grant Program Page I ofl Edward Byrne Justice Assistance Grant Program F4005-CO-OJ -e Aoollcatton Application Handbook Overview AppHcant Information Project Information Budget and Program Attachments Assurances and Certifications Review SF 424 Submit AQplk:ation GMS Home Correspondence 1~-'°-·:: ·-_ ·-3 Project Information HE MOBILE DATA TERMINAL AND COMPUTER AIDED DISPATCH YSTEM UPGRADE . _____ 3 he Englewood Department of Safety Services, Police ivision, requests funding tor a new Mobile Data Terminal ~~~r--~ -~ ~:C/CCIC clear~n_c~~. _ :h~s purchase _ will ... __ .::I .End Date 'Seplembei .313() .31~ .3 •Estlmlltad l'undlng Federal $ji65&2 .00 Applcant $lo .00 St.-$ jo .00 u,cal $ lo .00 ett.. $~ .00 Program Income $ lo .00 TOTAL $ '26562 .oo ~~~-~:·1 httpS :.'/grants .ojp. usdoj . gov/gmsextemal/proj cctlnformalion.do 6/22/200S t '. • • Edward Byrne Justice Assistance Grant Program Page 1 of 1 Edward Byrne Justice Assistance Grant Program F40D5-CO-OJ -- AppUcatlon Appllcatlon Handbook Applicant Infonnation Project Infonnatlon Budget and Program Attachments Assurances and Certifications Review SF 424 Submit Appl)catk>n Tips for sua:ess'vl UPloild GMS Home Correspondence L~-~.:::__ ______ 3 Budget and Program Attachments This form allows you to upload the Budget Detail Woritsheet, Program Narrative and other Program attachments. Clck the Attach button to continue. 1"" ___ 93_ .. ....... ------· ~-8~-1 !,. • . . --...... ' Your flies have been successfully attached, but the application has not been submitted to OJP. Please continue with your application. hnps.!'grants.ojp.usdoJ .gov1~do t • • ( D (J Edward Byrne Justice Assistance Grant Program Page 1 of2 Edward Byrne Justice Assistance Grant Program zoos. ~ F4005.CO-OJ ~ Appllcat1on Application Handbook Overview Applicant Information PrQject Information Budget and Program Attachments Assurances and Certifications Review SF 424 Submit Application Help/Frequently Asked auesuons GMS Home correspondence Assurances and Certifications To the best of my knowledge and belief, all data In this appllcatlon/preappllcatlon Is true and correct, the document has been duly authorized by the governing body of the appllcant and the applicant will comply with the attached assurances If the asslStance Is awarded. Your typed name, in lieu of your signature represents your legal binding acceptance of the terms of this appllcatlon and your statement of the veracity of the representations made In this appllcatlon. The document has been duly authorized by the governing body of the applicant and the appllcant will comply with the following: 1. Assurances 2. ~tlons Regarding Lobbying: Debarment. Suspension and Other ResponslbilitY Matters: and Drug-free Workplace requirement$. If you are an applicant for any Vlcilence Against Women grants, this indudes the Certification of Compllance with the Statutory Ellgiblllty Requirements of the Violence Against Women Act. *Prefix: IMr. _______ 3 ....... (Ottw-): I . --· . ----·- *Ant"-: l(iaY - Middle lnltlal: r *LastName: isu,s __ ···- Suffix l0ttw 3 Suffix (Othw): ~ .. . ·-. '"Tltlll : ------·-·-!City Manager *Add...a Line 1 : 11000 Englewood~ Add-Une2: *City: !ENGLEWOOD County : '"Staea : ICok>rado 3 *Zip Code: https://grants.oj p. usdoj . gov/gmsextcmal/applicationAssurance.do 6122/2005 ' .. .. • • Edward Byrne Justice Assistance Grant Program l!ii>..!10 ~ *Phone: !@ _~ -Wi __ -@J.1_ __ Ext: [ ________ (J Fa: ~-@ -~-- *!-mall: -. -----·· .- I?'. I have examined the Information provided here regarding the signing authority and certlfV It Is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate authority or offldal, to provide the Information requested throughout this application system on behalf of this jurlsdlctlon. Information regarding the slgntng authority, or the delegation of such authority, has been placed In a flle and Is available on-site for Immediate review. https://grants.ojp. usdoj .gov/gmsextemal/applicationAssuram:do ( ' Assurances Pagel of l NOTE: You must click on the "Accept" button at the bottom or tbt PIAt btf'ol'f closing thla window STANDARD ASSURANCES Toe Applicant hereby assures and certifies compliance with all applicable Federal statutes , regulations, policies, guidelines, and requirements, including 0MB Circulars A-21, A~7. A-102, A-110, A-122 , A-133 ; Ex. Order 12372 (intergovernmental review of federal pr0{1'8ITIS); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The appNcant also spedftcally assures and cartiffes that 1 . It has the legal authority to apply for federal a&listanc:e and the institutional, managerial, and financial capability (including funds sufficient to pay any required non..faderaf share of project cost) to ensure proper planning, management, and completion of the project described In this application. 2. It will establish safeguads to prohibit employees from using their positions for a pt.rpOM that constitutes or presents the appeara,ce of personal or organizational conflict cl interest, or personal gain. 3 . It will give the awarding agency or the General Accounting Office , throiq, any arthorized 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 ragulatlons, sudl 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 compliaice 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 Histarical Preservllion 14d. 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 sub!,anteea or contractors to comply) with any applicable statutorily-imposed nondisaimination requirements, which may include the Omnibus Crime Control and Safe Streets 14d. of 1968 (42 U.S .C. § 3789d); the Victims of Crine Ad (42 U.S .C. § 10604(e)); The Juvenile Just!ce and Delinquency Prevention Ad cl 2002 (42 U.S.C. § 5672(b)); the Civil Rights Ad cl 1964 (42 U.S.C. § 2000d); the Rehabilitation Ad ct 1973 (29 U.S .C. § 7 94); the Americans with Disabilities Ad of 1990 (42 U.S .C. § 12131.!34); the Ecb:ation Amendments of 1972 (20 U.S .C. §§1681 , 1683, 1~); and the Age Oiscrinination Act cl 1975 (42 U.S .C. §§ 6101-07); ._ Ex. Order 13279 (equal protection or 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 Ad of 1970 (42 U.S.C . § 4601 et seq.), which govern the treatment of peraona displaced as a result of faderal and federally-aaiSted programs; and b. it will comply with requirements ct 5 U.S. C. §§ 1501-08 and §§ 7324-28, which limit catain political activities or State or local government employees whole principal employment is in connection with an activity financed in whole or in part by federal assistance. https :!/grants .oj p. usdoj .gov /gmscxtcmal/GcnAssuranccs .j sp?assurcd-Y classun:ID-1321 61"..21200S • ~ .• ,/ • • -- ( ( Certifications Page 1 of3 NOTE: You must cllck on the ·Accept" button at the bottom of the page before closing thle window U.S. DEPARTMENT OF JUSTICE OFRCE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIRCATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations befcre completing this form. Signature of this form provides for compliance with certification requirements urm-2S CFR Part 69, ''New Restridions on Lobbying" ald 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro- curement) and Government-wide Requirements for Drug-Free VVorkplace (Grants).* The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 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-ffuencing 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 Federal grant or cooparalive agreement; (b) If any funds other than Federal appropriated funds have been paid or wiU be paid to any person for inffuenc:ing or attempting to influence an officer or employee of any agency, a Member r:I 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. "DiscloSU'9 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 doa.ments for all subawards at all tiers (including subgrants, contrads 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 implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67 .510 A . The applicant certifies that it and its principals: (a) Are not p(esently debarred. suspended. proposed for debarment, declared ineligible , sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered trwisactions 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 pertorming a public (Federal, State, or local) transaction or cantract under a public tranuction; violation of Federal or State antitrust statutes or commission of embezzlement, theft. forgery, bribery, falsifieation 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 (Fedefal, or local) with commission of any of the offenses enumerated in l*8gr8ph (1 )(b) r:I this C811i11cation; and (d) Have not within a three-year penod preceding this application had one or men public transactions (Fedlnl, Sia., or hnps :, /grants . oj p. usdoj . gov,gmsextcmal/GenC.:rtifications.jsp7certificd• Y &cenifyID-1320 6122/200S t .. • • - Certifications Page 2 of3 local) temiinated for cause or default; and B. Wlere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free 'M:>rkplace Act of 1968, 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. Toe applicant certifies that it will or will continue to provide a drug-free wor1<place by: (a) Publishing a statement notifying employees that the unlawful manufactute, distribution, dispensing, possession, or use of a controlled substance is prohibited in the gnw,tee's workplace and specifying the actions that will be taken against employees tor violation of such prohibition; (b) Establishing an on-going drug-tree awareness program to intom, employees about (1) Toe dangers of drug abuse in.the workplace; (2) The grantee's policy of maintaining a drug-free wor1<place; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) Toe penalties that may be imposed upon employees for drug abuse violations occurring In thl!I workplace; ( c) Making it a requirement that each employee to be engaged in the perfcnnance of the grant be given a COf1t of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment l.l1der the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a aiminal drug statute oc:c:uning in the wor1<place no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calerldw days after receiving notice inw subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of canvic:ted employees must provide notice, including position title, to: Department of Justice, Office of JUlltice Programs, ATTN: Control Delk. 633 Indiana Avenue, N.W., WBshington, D .C . 20531 . Noti!=9 sha,I include the identific:ation numbef{s) of each affected gram: (f) Taking one of the following actions, within 30 calendar days of rac:aiving notice under subparagraph (d)(2), with respect to any employee who i!!.I so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, cansiltent with the requirements of the Rehabilitation Ad of 1973, u amenc:ted ; or (2) Requiring such employee to participate satisfadority in a ctug lbuM alliltance or lWlllbilltation program approved for such purposes by a Federal, State, or local health , law enforc8ment, or ott,er appropnate agency; (g) Making a good f aith effort to continue to maintain a ctug-frN worttplace ttwoui;, mplerr.e11tatian of paragiapha (a ), (b ), (c), (d), (e), ana (f). hnps:, /grants .oj p. usdoj .gov/gmsextcmal/GcnCenificarions. j sp7cenified-Y &ccnifyID-1320 6/22/2005 ' • • . Certifications Pagel of3 As the duly aulhorizad repretentative cA the applicart, · 1 hereby certify that the applicant wil comply with the certifications. https://grants.ojp.usdoj .gov/amse,cranal/Gmecrtificatioas.jsp?certiftect-Ycl:.c:enifyID-l320 6/22/2005 ( ( (J Edward Byrne Justice Assistance Grant Program Page I of2 Edward Byrne Justice Assistance Grant Program zoos- F400S.CO-OJ Applk;ation correspondence [~to .... -. .3 Review SF-424 Print a Coov Appllcatlon Handbook Overview Applicant Information Project Informat Budget and Program Attachments Ion Assurances and Certifications Review Sf 424 Submit Applk:atio HetpJFreguentty Asked Questions GMS Home n APPUCATION FOR 2. DATIi IUaNrTTIID Applicant Identlftw FeDERALASSISTANC! Mardi 28, 2005 l. TYN OP SU ... ISSION S. DATI! lll!CUVm ff .... Applcallon u..tfflw STATII Application Constnlc:tlon 4. DATI! lll!CUVl!D ff ......... l.dentlft• l'DDAL AaNCY S.APPUCANT PIPOIIMATJON IApl.._ ~Unit City or englewood Department al S.t.ty Servlees, Pollee DlvlSlon ....... ............... ._ -Nrfllllle,--ID 3615 South Elatl ... _... ... _ ___.. Englewood, Colorado .................. ,.. ..... 80110-3519 Wldm,llynin (303) 783-6133 .. l!NPLOftll lDl!NTVICAnoN NUNNll (l!IN) 7. ffN OP APPLICANT 84-6000583 Munldpal L TYN OP APPUCAffON ., NANI OI' PIDIIIAL AGNCY Continuation .. ,_ ol .Justlal _._ 10. CATALOG OP PIDIIUU. DONISnC AalSl'Ailea ll. 11,IKIUrliVI TiTU OI' A..ucANTS PllOlaCT NUMBER : 16.738 fTHe MOBllf DATA CfDA EDWARD BYRNE M!MOIUAL JUSTIC! TERMINAL AND COMPUT!Jl TITLE : ASSISTANCE GRANT PROGRAM AlDeD DISPATCH 5YsnM UPGRAD!. 12. AIUM APPICTID ff~ The Englewood Departrnant ol S.t.ty Servlcas, PollCII Olvtlion, requ-funding for • new Mobile Data TermiNII Sarver to run NOC/CCC c:llarwlcaa. Thll purdYH wll provide atablllzatlOn to tlle Molllle OMa 5ystam, • die cuffWlt c:ampuiar -not deslQnecl far thla purpon and IS prolllerNtlc In la functllln. T1lla --la a Yitai part ol the Mobile oat.a s.,._. A Hewlett PKlanl reel! .-.. cmt Sl,263. we -requesting S23,299 1111 halp olfMt tlle cast ol • c:amputar aided dlapMICII ....._ upgl'llde. The total cmt ol tlle syttem II SSl,7 38. The cu.-equipm.w ie ou....._ • ._. pnilllalna with the current equ.,.,_ haw dk:uited tlle nNd lvr the purdlaN ol ,_ -. 1, rre1111 ta upgrade ta • wlndowl platform. Thll will provide an affldant s,-MIii ~ olftcar safety. Tha Oepertmant ol Saf9ty Services wlll fund tlle IWllllinlnl IB,43'. Our IY9laffl wil remain ColorNo lllltic:a Information System s«urtty (CJISS) ~ I https ://grants.oJp .usdoj .gov /gmscn:mal/applicat:ionRcview.do t • • Edward Byrne Justice Assistance Grant Program Pagc2of2 . 13. PROPOSl!D PltOJeCT 14. CONaamONAL. Start Date : Oc:tDber 0 1, 2004 Dlll'TIUCT9 Of' End Date: Saptember 30, 2008 a. Applicant b . Plvtect C001 15, DnMAffD PUNDlNG 1 .. lS APPLICATION Federal $26,562 auaJICT TO llevDW IY ffATI IDCUTlV9 OIIDell Applicant $0 12372 PIIOCISS? State $0 Program Is nat covered by !.0.12372 Local $0 Other $0 Program Inc:ame $0 17, lS TH! APPUCANT NUNQU!NT ON ANY NDIIIALDDn TOTAL $26,562 • • 1L TO TH! HSI' Of' MY IICNOWUDa AND aaDI', ALL DATA IN THIS ~TJOIII NU.PPUCATJON Alla TmM AND COIIIIKT, TM DOCUNINT NM ua DULY AUTHOIIJDD IY CIOVWIUmNI IOO'I OP TN! APPi JCANT AND TM APl'UCANT WlU COMPLY WITH TH! ATTACHaD AaUIIANCa lP ™· AamSrANCa lS IUQUIUD. https://grants.ojp. usdoj .gov/gmsextemal/applicalionReview.do (, d\1, Edward Byrne Justice Assistance Grant Program 21JOS. ~ V F«IO~O-OJ .. Ao0Hcat100 Correspondence ,~~_:::._ _____ .3 Appllcatlon Handbook Submit Appllcatlon AppUcant Infonnat;k>n Protect Information Budget and Program Attachments Assurances and Certfflcatlons Review SF 424 Submit Applk:ation Help/Frequently Asked Quesaoos GMS Home Status Complala c....,.... ca..,.._ Complela Campleta lncomplela ............... Overview Applicant Information Project Information Budget and Program Attachments Certified to the Assurances and Certlftcatlons Regarding Lobbying, Debarment. Suspension and Other Responslblllty Matters; and Drug-Free Worlcplace ~ .. :·"~~ce;t,.~!!f'",!:: .I ,...:.;,, ~ ... ~ • _!,1; f't https: /grants .ojp. usdoj .gov/gmsextanal/submitApplicalion.do ( BY AUTHORITY ~ SERIES OF 200S 0 COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTIIORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLORADO (CCNq]. WHEREAS, Arapahoe County bas obtained a Radio Communications Network System (hereinafter sometimes rcfcm,d to u "CNS1 presently consisting of radio sites containing lnmked radio rcpcatcn, related electronic hardware equipment, software and towers/antennas; and WHEREAS, Arapahoe County operates and maintains the CNS for an improved radio communications function for its various aovcrnmcntal functions including law enforcement, road and bridge, animal control, building inspection, public safety and general governmental radio communications; and WHEREAS, Arapahoe County bas integrated the CNS with the statewide CCNC System and migrating all public safety to digital communications for the mutual benefit of all users; and WHEREAS, Arapahoe County and the City or Enalcwood uc each authorized to utilize radio communications in the performance of their various governmental functions; and WHEREAS, this intergovernmental apeemcnt ii necessary, proper and convcnimt for the continued preservation of the public peace, bcalth and safety and for providina a more cost effective and efficient use of governmental rcsomces; and WHEREAS, the funds have been budacted for this project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council or the City of Enatcwood, Colorado hereby authorues entering the "Intergovcmmcntal Agreement Rcprdina Shami Use Of Arapahoe County's Radio Communications Network System [And Consolidated Communicatiom Network of Colorado (CCNC))" bc:twcen Arapahoe County and the City of Enalcwood, attached hereto as Eltbibit A . I Scctjon 2. The Mayor and City Clerk uc authorized to euc:utc 111d aaat said Intergovernmental Agreement for and on behalf of the City of Eq1ewood. Introduced , read in full, and passed on fint radiDa on tbe 20di day or June, 2005. --1- ' ... ·' • • Published u a Bill for an Ordinance OD the 24th day of June, 2005. Read by title and passed on final reading OD the 11" day of July, 2005. Published by title as Ordinance No.__, Series of 2005, OD the 15th day of July, 2005. Douglu Gurett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of EnaJewood, Colondo, hereby certify that the above and foregoing is a lnlC copy of the Ordinance passed OD final reading and published by title u Ordinance No. __, Series of 2005. Loucrisbia A. Ellis -2- (_ ( llffBRGOVBRlOIBlffAL AGRErmT DGAIU>DIG SIIARBD USB 01' ARAPAHOS COUKTY'S RADIO COIOl1Jl'IICA.Tl0KS 1UTWORK SYSIEII [And Comolldated Commwlicadou lfetwork of Colorado (CC!IC)) This Intergovernmental Agreement entered into this _1st_ day of _lime_, 200S, by and between Arapahoe County, Colorado, (hcrcinafter the "County") and Cit>' ofEnglewood Colorado parties. , hereinafter refencd to as "Subscriber''.), hereinafter collectively referred to the WHEREAS, pursuant to the provisions of Sections 29-1-203 C.R.S., and Section 18(2)(a) of Article XIV of the Colorado Constitution. Governmental entities are authorized to cooperate and contract with each other for the purpose of intergovemmentally providing any function. service, or facility authorized to it, and further including authority to provide for the joint exercise of such function. service, or facilities; and WHEREAS. in the performance of its govermnemal functions, the County has obtained a Radio Communications NetWOrlc System (hereinafter sometimes refe:md to as "OlSj presently consisting of radio sites containing trunked radio repearers, rewed electronic hardware equipment, software, and towers/antennu; and WHEREAS, the County operates and maintaim the CNS for an improved radio communications function for its various governmental functions including law enforcement, road and bridge, animal control. building inspection. public safety and general governmental radio communications; and WHEREAS, the County has integrated the CNS with the swewide CCNC System and migrating all public safety to digital communications for the mutual benefit of all users and automatic interoperability; and WHEREAS, the County and Subscriber are each authorized to utilize radio communications in the performance of their various aovernmental functions; and MOU /IGA for Rad i o Ne e•..a r k •av• 1 of• pa;•• I X .. I • + A ' ; .. • • -- I JllTERGOVEDMEllTAL AGREBIIDT REGARDING SHARED USE 01' ARAPAHOE COtnfTY'S RADIO COIDIUlOCATIO!IS IIETVTORK SYSTEM [And Couolldated Commumcatiou 1'etwork of Colorado (CC!IC)) WHEREAS, the parties wish to cooperate in providing such services and equipment now separately operated by the parties; and WHEREAS, the parties have detcnnined that this Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety, and for providing a more cost effective and efficient use of governmental resources; NOW, THEREFORE, IT IS AGREED by and between the County and the Subscriber as follows: 1. Toe County agrees to permit the Subscriber to utilize the County's CNS pursuant to the terms and conditions of this agreement. As a panial reimbursement for the County's cost in obtaining the CNS, Subscriber shall pay to the County a one-time user fee in the sum ofS325.00 for each serialized device added after January 1, 2005. and shall be entitled to use a portion of the CNS needed by Subscriber for its law enforcement, fire, public works and other governmental purposes, subject to the terms and conditions of this Agreement. Subscriber shall pay such fee to the County no luer than thirty (30) days after execution of this Agreement. This fee is applicable to each additional serialized device that is placed on the County's CNS. Replacement devices are not subject to this fee. Said payment shall be made to Arapahoe County for deposit in the County's OlS Development ("OlSD") :account for use as set forth in paragraph 12. 2. Subject to annual budgeting and appropriation, Subscnl>er shall also pay an annual operation and maintenance fee of S25 .00 per serialized device. This fee will be billed in February, for the previous year, and each year thereafter, and shall be due and payable within thirty (30) days of such billing. MCU /!GA for Rado Ne cwork Page J of• pag•• ·"· • .-.. . .. .. •' ' • • ( • D 0 urrBRGOVBIUOIDTAI. AOREDIJ:llff JtmAIU>DfG SBAPBD U8B OJ' ARAPAHOE COUIITY"S RADIO COIIIIOlllCAflOD DTWORK srsrEil (Aad Couolldated Commwdcatiou lletwork of Colorado (CCllC)) 3. The County and/or CCNC shall make available -6...._ talk groups from the CNS for use by Subscriber. A talk group is generally defined as a computer designaled allocation for the routing of ttansmitted radio or daia messages on a multi-ftcqucncy trunked radio system. such as the CNS and CCNC. 4. The County shall obtain any and all permits, certificates and licenses required by any rules, regulations and laws for the operation of the CNS and CCNC. Subscriber will cooperate with the County, to the extent necessary, in obtaining such permits, certificates and licenses. 5. To the best of its ability, the County shall maintain the OlS in proper opcruing condition. and the County shall protect and maintain the OlS and the equipment thereof in such a manner tha1 the CNS services shall be efficiently rendered to the parties as and when needed. 6. The County agrees to furnish qualified pcrsomiel to provide operational control of the ors. Operational conuol is deemed to include all facets of a communications ncnnn. including. but not limited to. proll'IJD, lnDPDiuion. reccptioa. usase IDd allocmon of the netWork. Subscriber shall be responsible f« pun:haliq mobile and ponable radios compatible with the CNS . Submiber shall abo be rapomible for the maimcnaDce, repair and insurance of its radios and equipment needed for uie of the CNS. Sublcn"bcr and its agent(s) agree to operate on the CNS in accordance with FCC Rules & Regulations, and County & CCNC .Policies. 7. The County shall pay for all expenses of f:Vf:r'J kind or oann incurred in the operation of the DIS. Subscriber shall not be liable for any deba or liabilities coaU'aCted or incumd by the County or any other entity which may Ulilize me CNS . 8. The County shall, al all times, carry and maintain adequate insunDce cov .... to pnMeCt the properties of the CNS apinst fire. lou or ocher bmrds dlal may impair tbe MOU /:GA tor lAd i o Network ,.,. l of•,.... ' .:.. .. • • ·• • 0 r-1· ~.__). D1TERGOVB1UOIElffAL AGRBENEJIT IIBGAIU>DIG IIIARED 1JU 01' ARAP.AIIOB coua I I'S RADIO C0llll1JnCAfl0D nnvoa SYS'lm (Aad CouoUdated Communtcatiou •twon: of Colorado (CCllC)] operations. 9. Subscriber shall be alloc:atcd secured communication talk groups. Additional system talk groups may be requested in writing to the Arapahoe County Sheriffs Office and the Technical Committee of CCNC. Fees related to additional talk groups may be assessed to the Subscnoer. A steering committee, comprised of equal representation of all Subscnbers may make recommendations to the Arapahoe County Sheriffs Office on the following subjects: A. Assignment of talk groups to new entities; B. Assignment of additional talk groups to current members; C. Purchase of replacement equipment and of additional equipment; and D. Standard procedures for use of the CNS including identification of improper radio usage. 10. The County may allow other Subscnbers to use the CNS provided such entities enter into an agreement similar to this Jntcrgovemmaml Agreement. In the event that other entities use the CNS, the County will assure Subscriber that the use by other entities shall have no adverse impact on the talk groups used by Suhscriber. 11. Each party to this Agreement and each party to any other agreement with Arapahoe County for the use of the CNS shall annually certify the number of radios that it uses as part of the CNS by January 1st of each year. 12. The County hereby agrees to separately account for the user fees received and utilize such monies solely for equipment replacement. enbancemems, or the purchase of additional equipment needed for the CNS . Any proposed expenditure is subject to the review and recommendation of the Arapahoe County Sheriffs Office and approval of the Board of County Commissioners. MOU /IGA tor hdio Wetworlc Page 4 ot, page• t .. .. • • • llfTERGOVBRlQIEll'TAL AGRBENBJIT RBGARDDIG SHADD USE 01' AR.APARO& COUJITY'S RADIO COIIIIUllICAflOR 1'BTWORK SYS'IW [ADcl Comolldated Commwdcatlou Ketwork of Colorado (CCllC)] 13. Either party may terminate its participation in the CNS upon at least one-year's written notice to the other party. In the event of Subscnber' s termination of this agreement under this paragraph. Subscriber shall not be entitled to any distnbution from the CNSD accounL In the event of the County's termination of this agreement as to all user(s), the County shall negotiate with the other user(s) for the purchase of the CNS by the other user(s) and for the assignment or transfer of any license, permits, leases and/or related agreements associated with CNS. Pursuant to any purchase agreement, the County will transfer the balance of CNSD account to the purchaser. In the event of murual termination by all user(s) of the CNS, the balance of the CNSD account will be distributed on a pro-rata basis to all users based upon each user's historical contribution to the CNSD accounL Subscribers do not have a vested interest in the CNSD accounL 14. Failure to timely pay the annual operation and mainrenam:e fee, as set forth in paragraph 2. by Subscriber shall be deemed a default of this agreement and grounds for termination thereof. In such inslance, the County may termimre this agreement upon sixty (60) days' prior written notice to Subscriber and the County may eliminare the transmission capability of the Subscriber. Subscriber shall not be entitled to any distribution from the CNSD accounL 16. Notices to be provided under the Agreemcm shall be jiven in writina ei by band delivery, or deposited in the United States Mail, with sufficient postage, to the following: COUNTY: Arapahoe County Sheriff's Office 13101 E. Broncos Parkway Centennial, CO 80112-4558 SumcJUBDl: Subsc:nbcr Comract Chris Olson, Director S•hty Services S.ablcnbcr Address 3615 South ElAti Englewood, CO 80110 17. This agreement constitulel the entire underSllndina between the parties and sball MOU /IGA tor l&dio ••twork ,...,ot•....- • ' • • • • IlffBRGOVBJUIIIAL AGRBBIRIIT Rl'AUU>DtG SHARED UllB or ARAPAHOS COUlnTS RADIO COllll'UllJCAflOBS IIBTWORK SiftBM (Aad CouoUdated Co1111111111k:at1 ••twurk of Colorado (CCllC)) supersede all prior negotiations, represeatations, or agreements whether written or oral. 19. This Agreement may not be modified or arneudrd unless mutually agreed upon. in writing. by the parties hereto. Unless otbawise asreccl in writing. the Agreement and the interpretation thereof shall be govcmccl by the laws of !he State of Colorado. ATTEST: City of Englewood. City Cleric -Loucrishia A. Ellis ATTEST: Clcrlt to the Board D81e: __________ _ NOU /IGA for bdio ••c-.ork Colorado SiplllrC Douglas Garrett Prim Name *Yor · Title ARAPAHOE COUNTY, CO ,.._•of•,.... t .. • • ft&DIN»ICE NO. - SERIES OF 200S BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BRADSHAW ~ AUTHORIZING THE ADOmON OF THE "ENGLEWOOD STORM DRAINAGE CRITERIA MANUAL" FOR THE REGULATION OF THE STORMWATER UTILITY WITIDN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, The Federal Clean Water Act requires 1tormwater discharges be authorized under a General Permit for Stormwater Discharge iuucd by lbe Colorado Department of Health and Environment, Water Quality Control Division; and WHEREAS, the Colorado Discharge Permit System, Regu ation 61, states that the City is rcspomible for the quality of the stormwatcr discharged from its jurisdiction; and WHEREAS, rules and rcgulatiom regarding the Stonnwater Utility arc autboriz.ed under 12-S-l EMC; and WHEREAS, the City of Englewood has developed "Englewood Storm Drainage Criteria Manual" for the purpose of granting the authority to addrcu drainage and water quality mandates that have been imposed by the Environmental Protection Agency (EPA) and the Colondo Department of Health and Environment; and WHEREAS, the "Englewood Storm Drainage Criteria Manual" will affect large developments and will not be a burden on small lot development in the City of Englewood; and WHEREAS, the "Englewood Storm Drainage Criteria Manual" gives lbe City and design cogincc:n concise dircctiom on what ii required to meet the intent of the EPA mandates; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval of the "Englewood Storm Drainage Criteria Manual" at their June 7, 200S meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- t • • Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the adoption of the "Englewood Storm Drainage Criteria Manual" of May 23, 2005, as a requirement and regulation for the City of Englewood. Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council bas determined that this Ordinance shall be published by title because of its size . A copy of the Englewood Storm Drainage Critaia Manual is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed OD first reading on the 20th day of June, 2005. Published as a Bill for an Ordinance on the 24th day of June, 2005. Read by title and passed OD final reading on the 11 111 day of July, 2005. Published by title as Ordinance No._., Series of 2005, on the 15th day of July, 2005 . ATTEST: Douglaa Garrett, Mayor Loucrisbia A . Ellis, City Clerk I, Loucrisbis A. Ellis, City Clerk of the City of F.nglewood, Colondo, hereby certify that the above and foregoing is a true copy of the Ordinance pused on final reading and published by tide as Ordinance No. __, Series of 2005. Loucrisbia A. Ellis -2- - 0 ~-~------~~----------~-~-~---~-~~--"'---· ( OIDINANCB 1ffl. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW AJfOltDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED WAIVER OF THE WASTE TRANSFER SURCHARGE. WHEREAS, the City Council of the City of Englewood, Colorado passed Ordinance No . 25, Series 1987, instituting the Waste Transfer Surcharge which imposed a twenty cent surcharge on each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility; and WHEREAS, the Englewood City Council passed Ordinance No. 30, Series of 1993, which granted a limited waiver of the Waster Transfer Surcharge until December 31, 1995; and WHEREAS, the Englewood City Council passed Ordinance No. 22, Series of 1995, which authorized a limited waiver of the Waste Transfer Surcharge until December 31, 1998; and WHEREAS, the Englewood City Council puscd Ordinance No. 31, Series of 1999, which granted a limited waiver of the Waster Trmsfer Surcharge until December 31, 2001; and WHEREAS, the Englewood City Council puscd Ordinance No. 14, Series 2002 extended the waiver until December 31, 2004; and WHEREAS, the passage of this proposed Ordinance will extend the waiver of the ~urcharge until December 31, 2007; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sec tion J. The City Council of the City of Englewood, Colondo hereby approves an Ord inanc e amending Title 4, Chapter 7, Subsection 11 , with the extension of tbe Limited Wa iver of the Was te Transfer Surcharge to rtad as follows: 4-7-11: Limited Waiver of Sarcllarse: The requirements of this Chapcer shall not apply during the months of May , June, July, August and September to any Municipality wh ich meets the following criteria: A. In corporated with City Hall within the boundaries of Arapahoe County . B. Docs not provide Municipal collection of boulcbold solid wutc directly or indirec tly . -1- ' , .. .. , • • C. Offers to its citizens the collection of household trash on a limited basis during the months of May, June, July, August and September. This Section shall be effective only until December 31,~ ..2001, after which time it shall be null and void without further action of the City. Section 2. Safety Clauses, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of bealth and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3, Severabjlj\y If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any pcrBOD or cin:wmtancea shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsjstqrt QrdiDIDCCI, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby rcpcalcd to the extent of such inconsiltellcy or conflict. Section S. Effect of rcpal or modjficatjon, The rcpca1 or modification of any provision of the Code of the City of Eq1cwood by tlm Ordinance shall not relcue, extinguish, alter, modify, or c:banac in whole or in part ay penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u atill remaining in force for the purposes of sustaining any and all proper ICtiom, lllits, procoectinp, and proaecutiom for the enforcement of the penalty, forfeituK, or liability, u well u for the purpose of sustaining any judgment, decree, or order which ca or may be rmdcred, entered, or made in such actions, suits, prottcdinp, or proeecutiona. Section 6 . .lmaltv. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of June, 2005. Published as a Bill for an Ordinance on the 24th day of June, 2005 . Read by title and passed on final reading on the 11~ day of July, 2005. -2- t .. Published by title as Ordinance No. __, Series of 200S, on the 15th day of July, 200S . DougJaa Oam:tt, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of f.nalewoocl, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pused on final reading and published by title as Ordinance No. __, Series of 200S. Loucrishia A. Ellis -3- OIDINAMCl'NO. SERIES OF 2005 BY AUTHORITY 0 COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AM mDINANCB AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT-OUT OF MUNICIPAL CANDIDATE NOMINATION VACANCY PROVISIONS AS SET FORTH IN THE MUNICIPAL ELECTION CODE OF THE COLORADO REVISED STA TIJTES. WHEREAS, Colorado Statute, Title I is the "Uniform Election Code of 1992" and Title 31, Article 10 is the "Colorado Municipal Election Code of 1965"; and WHEREAS, when the City of Englewood participalel in a coordinated election the City follows Title I, which refers to Title 31 for the municipal nominatioo petition procedures, with the exceptioo of 1-4-805 C .R .S. which establishes the cin:ulation dates for nomination petitions and 1-4-1101 C .R.S . concerning write-in candidate affidavits; and WHEREAS, 1-4-80S C .R.S. provides that municipal candidale petitions "may be circulated and signed beginning on the ninety-fint day prior to the election and shall be filed with the municipal clerk no later than the seventy-fim day prior to the date of the election"; and WHEREAS, the Governor has signed Senate Bill OS-206 whicb provides for tbe City's ballot being certified to Arapahoe County by the 6ft" day prior to an election, 1-S-203(3)(a) C .R .S .; and WHEREAS, this leaves nine days for the City to comply with the vacancy provisions; and WHEREAS, the Colorado Municipal Clerks Association, working with Colorado Municipal League, is in the process of preparing a bill to take forward that would addreu various election issues and they are working to determine if there is any reuon to retain or amend the vacancy provisions at the municipal level; and WHEREAS, at their June 8 , 2005 meeting the Englewood Electioo Commiuioo reviewed the vacancy provisions and recommended that the City "eliminate vacancy provisions until such time as State Statutes are amended to provide a timeframe that accommodates the resolution of deadlines and other issues"; and WHEREAS, The Englewood Home Rule Charter provisioo reprdina vacancies on Council shall be applicable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -1- ' .. • • Sectjon I . The City Council of the City of Englewood, Colorado hereby authoriz.cs the City of Englewood to opt-out of the Municipal Candidate Nomination vacancy provisions as set forth in Sections 31-10-303 and 31-10-304 Colorado Revised Statutes and to retain the current Englewood Home Rule Charter provision regarding vacancies on City Council . Introduced, read in full, and passed on first reading on the 20th day of June, 2005 . Published as a Bill for an Ordinance on the 24th day of June, 2005. Read by title and passed on final reading on the 11 .. day of July, 2005. Published by title as Ordinance No. ___, Series of 2005, on the 15th day of July, 2005 . ATTEST: Douglu Garrett, Mayor Loucrisbia A. Ellis, City Cleric I, Loucrisbia A. Ellis, City Cleric of the City of Englewood, Colorado, bm:by certify that the above and foregoing is a true copy of 1bc Ordinance puscd on final reading and publisbcd by tide as Ordinance No.___, Series of 2005. Loucrisbia A. Ellis -2- • t .. ,. • • Date : July 11, 2005 Initiated By: COUNCIL COMMUNICATION Agenda Item: Subject: ~· Staff Source: Department of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION tor Rick Kahm, Director City Council approved the purchase of one 250 Gallon Melter Applicator in the 2005 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Recommendation from the Public Works Department to approve.iby 250 Gallon Melter Applicator. Staff~ awarc#na lhe conlract to lnduslrial Sales and Service Company,'tn lhe an'lourit ot"6,,,,_ BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Streets Division utilizes this piece of equipment for melting rubber and filling cracks in the City's roadways, which helps to preserve the life of the streets in Englewood. The existing melter applicator was purchased in 1994, and was scheduled for replacement through the CERF in 2004; however, because of budget considerations, replacement was delayed one year. Because of extensive use over this period of time, the melter applicator is no longer reliable. FINANCIAL IMPACT One bid was received from Denver Industrial Sales and Service Company in the amount of $36,797. Funds for this purchase are available in the CERF . UST OF ATTACHMENTS Summary Specification Sheet Bid Tabulation Sheet Bid Proposal from Denver Industrial Sales and Service Company t • • STATE AWARD SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES YES IF YES , AWARD# ___________ _ MANUFACTURER OF VEHICLE ... G: ......... *1...,Ci..,.Q"'-------- MODEL oF VEHICLE Des< I J5o €at 1cm tie I t"<r AIR CONDITIONING YES AUTOMATIC TRANSMISSION YES POWER WINDOWS YES POWER DOOR LOCKS YES 4 WHEEL DRIVE YES ALTERNATIVE FUEL OPTION YES C E R F REPLACEMENT ~ NO NEW ADDITION TO FLEET YES @ DEPARTMENT VEHICLE ASSIGNED TO Street 11 ot f COMMENTS : l)orma l (EK F reptocn:J1rnt Drrna I iJh,"C lQa s c4v~c::f one 'te-ar: Ju~ -tp bu~~rr. • t .. • • City ol Efllllewood Bid Tabu,.tlon Sheet Bid Opening: MMll 10:00 Lffl. ITEM: IFB-05-122 250 al .......... --wllhpump-clNel ..... lhopa.vloe Operalar ..... Tradl "' V911dor lat, ...... ....... ....... ....... In T .... llld &111111111-= WIIIIMtsEqulpmenf --~·-1 • . • . • . • . • . • . mam PObollSfO ,.. ....... co ... o.n ... ,,...,,,,,, ..... c-.... 1llalanal'1-- Todd-....W 1 '37,117.11 • . • . • . ,---• 11.m• ... ,..... " ~ o.n .... co.,. 1 • . • . • . • . • . • . ~; 1 • . • . • . • . • . .. , . ( 0 (J BID PROPOSAL DIESEL FUELED 250 GALLON IIEL TER APPLICATOR WITH PUIIP ON DEIIAND Item Est. ~ Desaiption Qlx. 1. Meller applcalD, with pump 1 2. Parts marual 1 3. Shop Sl!INice marul 1 4 . CD training nw1U8I 1 5. Trade in-1994 Crafco 1 200 EZ Pour Kettle TOTALmD Estimat8d dalle rl deMry ~-Wt'"P~ ALL MATERIAL F.O.B. CfTY OF ENGLEWOOD 2800 Soulh Plalllt RN9' Drive Englewood, CO 80110 Pr1ce Bid Elm frg s37997flB s37.797~ ~ ,J;_;,C'/,,.,/../ ~ s.J;,,/.,/~ ~«/ ,7,r,1,,/~ ~Qt'O «IJV200~) s.36797~ I ifj??l;L. rr-rf"~ o--/o,c!, INVOICING TERMS 12,,. /;j°J?l7 ,..,.re/pT 11/ e~o1i,p,,,f'•r Dom your Compa1y acmp1 payment in the form ol a cndl card? Y•_ No _K. Price quota 1lrm for 80 days. Emeplio,is: Op ft,,n l A/,4,1 S'ty'/.-P1f/li,<° (',,',-r -Ml ;po~ TIiie <I>f'-,zvr/f Ih ,.qr,,J ~e/r-f I ~~/'t/(rt' k:). ~ .ro s IV'eA sr, {Do,,~,,.~ Ct' tf-022) 'f!!r93£-2¥1~ Telepho11e 2800 So. Platte Rivw Om., hpwood. Colando 8011~140'7 Pia (308)'JG.IIIS Fu (308)'18M161 --....... ·==··-- • . t ..... .. .. ; . ... • • -- ( ( BY AUTHORITY SERIES OF 2005 COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BRADSHAW ING TITLE 16, CHAPTER. 6, SPCI'ION 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO FENCES AND RBTAININO WALLS. WHEREAS, Phase I of the Unified Development Code (UDC) focused on a general update and reformatting of City zoning regulations; and WHEREAS, since August 2004 the Englewood Planning and Zoning Commission bas conducted study sessions focusing on clarifying and simplifying existing regulations and addressed permitted materials and comer lot fencing issues; and WHEREAS, the Englewood Planning and :loning Commission held a pubic hearing on the proposed amendments on April 5, 2005 and recommends passage of this Ordinanu; and WHEREAS, this amendment eliminates the sight distance triangle at driveway/alley intersections which eliminates numerous nonconformities created by the Unified Development Code; and WHEREAS, this amendm~t clarifies the types and materials allowed for use in fences; and WEREAS, the amendment clarifies the allowed location of fences in relation to the public sidewalk. 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 amends Title 16, Chapter 6, Section 6 , of the Englewood Municipal Code 2000, to read u follows : 16-6-6: Fences~and Viflllel &..i-Rctajpjpg Walls . A . Purpose. The following provisions establish standards to regulate the design and location of fcnces,-welle; and , ilMIIII Nll'i-,:etajpjpg walls in a manner that ensures the following : I . An attractive environment of safe, desirable character; 2 . Reduced potential for pedestrian or traffic conflicts; and 3 . Protection and security for the owner and adjacent pan:el1 . -1- . ... .. . .• ~ • • -· .. u (J B. Applicability/Permit Required. I. Applic a :lity. a. This Section shall apply to all new fences, ·.r.alls, er 111d YilNal eerrieff retaining walls erected or installed after the effective date of this Title. b. This Section shall apply to all fences, well,, er 111d 'lialllll 1'arrien retaining walls existing on the effective date of this Title. Nonconforming fences,--'18; and ·lialllll l!llll'ief8 retaining walls shall be subject to the termination and other provisions applicable to nonconforming structures stated in Chapter 16-9 EMC, "Nonconformities.• ~· For the purpose of this Section. the tcon "fence" shall also include any visual barrier as dcfmc:d by this Title. 2 . Permit and Zoning Site Plan f,~uired. a. ZeMRg Site PIM apprevel is f8411HFN fer all aew feaeea, .r..Ua, er vi91181 llllll'ien ereeted er iaatelled after the efreeli, 11 dMe ef thie +ill&: A Permit and a 1.<ming Site Plan rcyjcw and approval shall be required fat; b . ill Consttuction of all new fences or retaining walls erected or installed after the Effective Date of thi• Title. ~ Replacement of more than sixteen feet (16'} of existing fence. ill Replacement of an or any portion of an exjstiog retaining wall. /j,) . Altcratioo or modification to the height. material or location of an existing fence or retainiog wall. ~ Alteration or modification of an existing fence or retaining wall affectjng sight djstancc. ZeMag Site PIM re, ii\: Md app,e. al is flNIWNd fer M)' N111111111ial alterelieu er et1pwie&1 ef • feaee, wall, er lialllll "-• that eltial8 8ft the eAeeli, e ale ef thi1 Till,. Fer pwpe•• ef thie s11hseetia11 "111h11Mliel eltemaliea er ..,111,iea• 11111111 eilh• (I) the replB11111• ef all ef M ailllill1 fea1wwallati11ial Nffl•, • (2) eempl• ,.,.... le • 11H1tia1 NlleWWellJrJi..a "-i•, ia1h.MliB1 t.111 -2- ' ... ..• • • ( ( C 11et limileci 18, ,eplwmelll er relaeatia11 er• gate, ,ep1MB111e11t er BIi 8118N 1888811 er ...... lllll'II .. pea; .., •• --er ell r-. piekele, BIiii ,epla11111111l er NIH118811 er NIIIIP er .... NIIN pellll. "Ce111ple11 ,epair" 111 ellhi typi..U, Ml i111llllle llilllple ,epaiN ••h BB ,eplMB111811! er illcli ,ilktal piekele , 81' ,eplM1111elll er pella ...... NIIIIP er ....,..... A Permit and lrooios Site Plap review are pot required for simple repairs such u rq,J.awneol of iodMdual pickets, posts or less tbao twenty-five feet l2S'} of feociog material, c. An applicant may apply for Zoning Site Plan approval according to Section 16-2-9 EMC, "Zoning Site Plan Review," above. ~-MainteMo<;e: All fcpces apd cetaioios walls &ball be kept io a state of 1994 ~ G:-~-Visibility: Sight Dista,ice Triangle. The City Traffic Engineer shall determine compliance with sipt distance standards in connection with all permit applications and shall be authorized to vary these standards depending on site c nnditions. l. Street/Street Intenection Sight Distance Triangle. No fence, well;-er edier 'liellel ........ visual obstruction or mlilit•ios wall over three feet (3') in height above Jbe grade of tho pdifff'M ltreet lhall be erected, pllced, planted, or allowed to pow that obltructl the view of pedestrians on the sidewalk or obstructs the ttaffic vision at intenectiona. The City :J:raftie SagiMIP sbsll ••llllliB• ••••~illflNl .._ .. ,ti811 lipt ...... lriMgle ,......,.81118 II••• • SM IHlliliw. -3- 2 . Street/Alley Sight Distance Triangle. No~ visual obstruction~ retaining wan over three feet (3') in height above~ grade~ adjacent street or alley shall be permitted within the twenty-five foot (25') sight distance triangle created at the intersection of an alley and street. Said triangle is measured from a point where the curb line and the centerline of the alley meet. The distance from this point shall be twenty-five feet (25') along the street curb line ("8") and twenty-five feet (25') along the alley center line ("A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle. Figure 16- 6(5) shall be used to determine cross-comer visibility at streets and alleys. Figure 16-6( 5 ): Street/ Alley Sight Distance STREETI.WENUE A-center AJer I.ale . TWlfllw-ftwe (25') fNI 8-curt, .... ,..,.. flve(25')INI I PONT OF lfTERIECT10N ! 8 AU!Y l ~-Ca,age B11tMaea'Alley Silitl 9it18Bae l'Pi-.,.,. ~le tria_, ehMNetiea e¥er lhre1 HIit (3') i11 h1ipt ahe, 1 .... ahall he permitted withie Ille lli11. H111 (Ii') sipl dietene1 tl'iengl1 •••1111 al Ille illt1r1eelie11 ef • ..,.ge 111lfelle1 and alley. Figu,1 I Ii 6(6) llhell he •ell te detenlline Ille ,sitiihility al llri¥e .vays 811d BIie) s. -4- ' ; . • • Figure 16-6(6): (RESERVED) 4-}. Driveway/Street Sight Distance Triangle. No visual obstruction over three feet (3') in height above grade shall be permitted within the ten .re. .{ggf (10') sight distance triangle created at the intenection of a driveway and street. Figure 16-6(7) shall be uscd to determine the visibility at drivewaya and residential streets. When no sidewalk exists, the sight triangle shall be determined by the City Traffic Engineer. -s- • • Figure 16-6(7): Driveway/Street Distance Triangle ( ( , C B;. ~ Classification~ £1/Fe,iee6, Wa~ """ l'iftlal lla,.,.;e,,,. A single unified ~ style fer fe11ees, walls, 11111 ·..ts11al l,IIH'iePS is encouraged. Classification of fences , wall s, !lll ti ·1is11al harrief8 shall be as follows: lfAlti.l~l: - l'iiiJ Class I Class t2 Class tJ Class 14 Class 15 Class 16 Class [7 ' . ~IJ !Brick, stone, iali:~ly ~lwd ~as.mi: u;xtured concrete, smooth or Masonry ~ .. vhirp,i MM_,_ --·---· ··-·• trUT I\ l,leelt; ~ or other similar material Decorative ·, ,·.: Mml:.lll. such as cast or wrought iron, galvanized steel, aluminum 11t ,Metal or other decomliri: metal fencing materials Chain l .Linlt IStccl »r aluminum. Barbed wiB m: other sham wiB lball oaly bc nermin,:d ~ • I:') 1...1-... -. --Wood lDflccia)a dcaiped specifically for ··-·-·- !Wood ,-....,.;na --·--·--Wnnd f.-,.., ffllltmal .i..11 ...-Fo'.PA ....... . . !Vinyl, plastic, or composite fence products designed specifically for fencing !Alternative ~urposes. MIi that INfflie the hip lll!aii'Y maeel'Nlle ill Clae1 I, Cl111 a, er Clw . . . . . . -... . ... ·-. ' w ' ' ·-. ' ·w• :Combination K:ombination fences sball l,e fe11eek,ialV...11etetie11 consistieg of two or more · materials ~nnini:d withia thi: mai: di slris.l . ~ove n Wire Steel or aluminum wovi:a wire di:aitmed f111 fm,;g, Barbed m: 01ber sham m ~I.all nnlu h,e -F2_ i-1n ... Fcns.i:s shal l be s.onsuucwt of lDllF'Wa r'W9P'f':tly used for PTPf PCPS fe nd ng in Uii: Pca va metro uq and approvi:d by die Ciry Mq p qr ~ -7- ' .. • • Prohibited fence JD1tcti1ls: ~-The following rnewials shell be prohibited, Creosote or cbrornetcd copper a,rscnete lCCA} treetcd wood prociucts, utility poles, railroed ties, plywood, fibcrboerd. selvage wood, oorn•ptcd metal sheet meta!, scrap or selvage meta! PVC pipe. chicken wire, snow fences, plastic weaving or plastic slels for use in cbajn link, ~ Electric fences. Electrically charpd fences shall be prohibited in all zone districts, ~ Plastic construction fencing may be used only for temporary construction fencing. &. Alai11teN11ee. AD feBe111, wallt; aa4 'lillllal Nl'l'i• shell lie kept ill a ... ef seed ,epeif. l=he P"I""' ewaer ahall aip • epeem•l te eellliw1111ly meiateiB the fellee, "'rell, er lilllllll henoier fer the life ef the .... ..-.. "'-hieh epeemelll ehall l,e iBehlded ea pe,t efthe Zel!HII Site Pia app:eJBl aa4 •fereeallle 1111cler this Tille ad 1111cler all ether appliaehle Mllllieipel Gede p,e.,.isiens. 1. Permitted Fence Location, Class, and Height by Zone District It shall be unlawful for any person to erect a fence or for any property owner to allow a person to erect a fence that does not conform to the standards enumerated in this Section and the standards for all zoned districts, u described in Tables lfi 6 6.2, 16 6 6.3, wl 16-6-6-1 thru 16-6-6.4 helew: -8- • t • • -1-A -1-8 -1-C -2-A -2-8 U-R-3-A . Solid Construction 1 ,4 . Open onstruction ONT SETBACK: . Solid Construction 1 Fences in a front yard shall not .._ ______ L' 4---L-----liwiterfllthiinere with or obstruct yisjbjljty 1 • • a required sight distance . Open Construction: ·angle . U-R-3-8 i------.-----,----1 I . Residential . Nonresidential rDE ETBACK/FENCES EHIND THE I, 2, 3, 4, RONT ,6 ET8ACK LINE: lid and/or Ooen -9- xccpt u ooted n dditiooal F cnces in a side yard aba1l not tcrfere with gr obstruct viljbjljty · · a required sipt distance . aJc. ' • • AR SETBACK: lid and/or Open onstruction l, 2, 3, 4, • 6 ~cept as noted n dditional equirements ~:-~-~ · :_ ~· .:_/:" ~ ~ r; ~. 4 ,r 1~.. _. _ _ .. • \lo ~ : • • " ~ ,. ~ . . . A WITHIN IS FEET OF RONT ROPERTY A combination fence may be pamitted INE: a aolid muomy base shall have a ~=----+---r----C.:::-:.: um height of three feet (3') and 1, 4, S ·ve metal material built oo top of base shall have a maximum height of i::::=:.=::::~-1-----f.----flll-ee feet (3') and shall be at least 7S% REA BEYOND IS FEET OF RONT ROPERTY LIN 1, 2, 4, S ~D. ~~-· Rrear and side ~ l"f ences not iAtpf95 with or obltruct isibility within • requirpd opt distance .. .. ....... er .. alley • • l, 2, 3, 4, s, 12 ,e,7 l, 2, 3, 4, s, 12 ,e,7 l, 2, 3, 4, s, 12 • e,7 ~. Additional Fence Standards. ~-Barbed Wire . D &.U,l Barbed wire or other dellgere1111ly sharp fe11ee materiel m shall not be erected or maintained din: (+) (a) Any residential, TSA , or business zone district. ~ (b) Witltift ~y yard area of a property within an industrial zone district that abuts or adjoins property in a non-industrial zone district. l,,ill Where allowed, barbed wire or 1imilar m11eriall odacr sharp wire may be erected on permitted fences provided the wire or material is installed at least six feet (6') above grade and docs not cxc:ccd the permitted fence beiaht. -11 - ' • • -• • r ·1· \~. 3-. :61eelAe Feeees. E.leell'ieelly eharge4 feeees shell enly he e,eelell er Rl&ieltlHle4 i11 ielhisll'ial i!8Be llisll'iel!I. lle9. e ,er, eleell'ieally eharge4 fe11ees shall 11et he permittee in BBY yer4 -ef a preperty within BB ied11strial distAet that ah11t& er atljei11s prepe,ty is a 11e11 i11d11Sll'ial disll'iet. +. p. Feeees BIid \\tails Ce11eNI Height St1111dards. ill Height means the distance of the vertical fence surface measured from finished grade to the top of the vertical surface. Pmars or posts between vertical fence surfaces may exceed the maximum permitted fence height by ten percent <10%}, ill Trellis and Gate/Entry Features. Trellis and Gate/Entry features may be pennittcd provided they do not exceed a height of eight feet (8'} above grade. a. ~ When a fence is erected on top of a retaining wall, the height of the fence shall be measured from the top of the retaining wall. &a-~ When a fence is erected on a wall that is part of, or integral to the fence construction, the entire ~tructure shall be considered a Class 6 fence and shall comply with Class 6 fence height requirement. ~ Design and Location . ill Separation between post/pillars shall be a mjpjmum of five feet fS'}, ~. ill Decorative Materials. Decorative materials, including but not limited to tile or glass block, may be incorporated into the design of permitted classes of fences 111d wells upon the approval of the City Man1ger or designee . ill Fences in Easements. Fences may be pennittcd within wcments. However. the City shall not be responsible for the repair or replacement of fences that must be removed to access such easements . ~ Fences Adjacent to Public Sidewalk . All fences shall be located oo the owner's property but no closer than one foot <l '} behind any public sidewalk . &. ~ Lighting . e11 Fe11ee1 1111d Well1 . ~11tener -1eewity "'ighting may &ely be installed e11 feaeee er wail, 11111d ill Ill• I I er I ~ diltriets, provided such lighting is controlled by an utomatic light level switch -12- ' ... ·' • • ( ·• • and is downcast and shielded so that light is directed into the site and not outward toward the pel'imeter adjacent properties. +. ~ Fences for Swimming Pools. Please refer to the Englewood Municipal Code for fence requirements for swimming pools . 8-. t Temporary Fences. Temporary fences for construction sites or similar purpose shall comply with requirements of the & ~uilding e ~e adopted by the City. 9-. FeBees ill Ea8l!ffleBt9. FeBeea may lie peffllilted withiB easemeats. Heiu,er, the City shall Bet lie reapeMillle tar the repair er replaeemeat ef feaeea t!iat must lie reme·,ed te aeeesa aueh wemeBt9. g. Retaining Wall Classifications. i!'i?:i -' ,·-·· ·:::: ~ -, -------· -----. -' ----:: --~ - f -~ l:, ' ------: Cl8ll..3 AllCIJlltjve Brick, atone, intemlly oo1ored CODCRle tc!Mml concn;tc, nnootb or textured CMU, stw:co or other •imilv matcrill l?OO"f:'P timbeo, Matc;riaJ sba!I meet EPA rgidpntjal UIC idN¥ltak Qtber QMterials r,ommonly used for mt1inin1 walls in the Pmm: metro ma and apprpvpd by the City Mwp or daipe. J: J.nihihjted Retaining Wall Material: UtiJity poles. railroad ties, or any creosote or CCA treated materials shall be prohibited. Ii. Retaining WaH Development Standards . J: Retaining wans shall meet an applicable Building Code standards adopted by ~ i Retaining Walls Adjacent to Public Sidewalks All rctaiPiPg walls shall be located op the applicant"s property but po closer that ope foot ll '} bchjnd any public sidewalk. Ownership Waiver. An Owner may waive the one foot ( l '} restriction or fFXZXcX4} or um by signing a waiver of damage from sidewalk repair or replacement -13- ' . .. • • Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severabj)jty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4. Inconsjstent Ordjnapces. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6 . .lCDlltx, The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 2nd day of May, 2005. Published as a Bill for an Ordinance on the 6th day of May, 2005 . A Public Hearing was held on the 161b day of May , 2005. Read by ti tl e and amended on the 61b day of June, 2005. Republished in full as amended, on the 11b day of June, 2005 . Reintroduced as amended and passed as amended on the I 11 ~ day of July, 2005 . -14- t • • Published by title as amende-0 as Ordinance No. __, Series of 200S, on the 15th day of July, 200S . ATTEST: Douglas Garmt, Mayor Loucrishia A . Ellis, City Cleric I, Loucrishia A. Ellis, City Cleric of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance, amended, reintroduced, passed on final reading and published by title as Ordinance No. __, Series of 200S. Loucrisbia A. Ellis -15- ALTERNATE LANGUAGE : L Qwomhip Waiva An Qwuer mav appJy to build in the Citv risht;Qf·wax up to tbs edse of PF sidewalk bx liBPiPR an GJJSPl&bmmt MmEDlPJt subipct to tlu; 1PP!1 and rgqjcti9P1 of 11-3-4 EMC An Owns may waive the PPG foot Cl') rggjgtigp of lfX2)(cY4l w HC2l by liRPiPR a waivw of d!IDIRF from si4enl DiPIY' or omltFGPJGPt C O~NO.·· smuts OF 200s -- BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE VACATING nuum PARCELS OF nm RJGIIT-OF-WAY LOCATED wmnN OR ADJACENT TO mE Llffl.ETON/ENGLEWOOD WAST&WAl'Bll TUATMEHT PLANT (UE WWTP). WHEREAS, the Littleton/Ena)ewood WUleWalcr Treatment Plant and the Englewood Public Woru Department are jointly womna to clean up ownersbip and easement issues at this LIE WWTP; and WHEREAS, title commitmema issued in coajunc1ioa witb the Pbue 2 expansion at the LIE WWTP and the pun:bue or the HerberllOD Parcel lbowed property iaauea requiring resolution; and WHEREAS, the goal is to combine the numcrom exiaciq pieccmc:al properties into two ownerships, one lol for the Ena)ewood Senicelller and«-lot for lbe LIE WWTP; and WHEREAS, the property undcrlyina lbac ripla-of-way belaap 10 citbcr lbe City of Englewood or the Cities of Liuldoa and Enalcwood • a pal ol lbe Wueewatcr Treatment Plant and the Ript-of-Way will revert IO lbe aderlyilla property owner; and WHEREAS, a final subdivision plat will be pnpand after lbe major tide iuuea are resolved; and WHEREAS, title commitments identified three (3) parcels of ripa-of-way dial should be vacated; and WHEREAS, the three parcels are located within or adjacent to the LIE WWWTP boundaries; and WHEREAS, the three Rights-Of-Way have not been used by the public foe; many years and are fenced (or will be fenced) into the WWT.P site; and NOW, THEREFORE, BE IT ORDAINED BY 111E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -l - \1 blf -.. t • • .- Section 1. The City Council of the City of Englewood, Colorado hereby authorization to vacate three (3) parcels of Rights-Of-Way which are located within or adjacent to the Littleton/Englewood Wastewater Treatment Plant property as shown on attached Exhibit I; consisting ofUE WWTP Vacation No. I· 1545-203-107 3/17/2005; LIE WWTP Vacation No. 2 -1545-203-107 3/17/2005 and UE WWTP Vacation No . 3 -1S45-203-107 3/02/2005 . Introduced, read in full, and passed on first reading on the 20th day of June, 200S. Published as a Bill for an Ordinance on the 24th day of June, 2005. Read by title and passed on final reading on the l 11~ day of July, 2005 . Published by title as Ordinance No ._. Series of 2005, on the 15th day of July, 2005. ATTEST : Douglas Garrett, Mayor 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 200S. Loucrishia A. Ellis -2- ( • .. > • .. ... ... ~ \ \ \ I EXHIBIT 1: Right-of-way Vacation Map City or Englewood Department or Public Works Vacation •J f Vacation •2 AN SCALE: 1 inch • 300 feet MA, DATE ; May 27, 2005 • • ( ( • LnTU:TOIWNGU:WOOO Tlll:ATllll!:l'rf PLAl'rf VACATION NO. I 1545-20)-107 0>-17-05 SHEET I OF2 A VACATION Of A PORTION Of S. LIPAN STREET, AS RECORDED AT BOOK 2044, PAOE Sil AND BOOK 2068, PAOE Ill, AllAPAHOE COUNTY PUBLIC RECORDS. LOCATED IN THI! NORTHl!AST QUARTER Of SECTION )), TOWNSHIP 4 SOUTH, RANGE 61 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY Of ENOLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEINO MORE PAllTICULARL Y DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : BEAIUNOS ARE BASED ON THE ASSUMPTION THAT THE NORTH LINE OF SAID NORTHEAST QUARTER OF Sl!CTION 33 Bl!ARS N 11"03'1 s• WAND MONUMENTED AS FOLLOWS : -THE NORTHEAST CORNl!R OF WHICH BEING 3.2S" ALUM. CAP LS 22S71. -THE NORTHWEST CORNl!R OF THE NORTHl!AST QUARTER OF WHICH BEING A 2" BllASS CAP IN CONCRETE STAMPED C&C OF DENVER. COMMlltNCING AT THE NOllTIIEASTCORNEllOF SAID SECTION 33; THENCE N 11"03'1S" W ALONO THE NORTH LINE OF SAID NORTHF AST QUARTER OF SECTION 33 A DISTANCE OF 1317.11 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF lllE NORllll!AST QUARTER; THENCE S 01 6 44'37" W Al.ONO THE !!AST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1311.19 FEET TO THE POINT OF BEGINNING; THENCE S 01'44 '37" W CONTINUING ALONG SAID EAST LINE A DISTANCE OF ns.22 FEET; THENCE S 87'S2'31" E ALONO THE NORTHERLY LINE OF A PARCEL OF LAND AS RECORDED AT BOOK 2068, PAGE Ill , RECEmON NUMBER 1319171 OF THE ARAPAHOE COUNTY PUBLIC RECORDS A DISTANCE OF 30.00 FEET; THENCE S01'44'37" WA DISTANCE OF 119.41 FEET TO A POINTON THE NORTHERLY RIGHT-OF- WAY AS RECORDED AT BOOK62SI, PAOE 427,ARAPAHOE COUNTY PUBLIC RECORDS; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ALONO THE ARC OF A NON-TANGENT CURVE TO THE LIFT WHOSE CHORD Bl!AllS S 40'29'06" W, A DISTANCE OF 4.14 FEET, HA VINO A RADIUS OF 240.00 FEET, A DELTA OF 01'09'16" AND AN ARC LENGTH OF 4.14 FEET; TIIENCE N 11"01 '41" WA DISTANCE OF '6.97 FEET TO A POINT 30.00 FEET WEST AND PARALLEL TO SAID !!AST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE NORTHEAST CORNEil OF A PERMANENT EASEMENT AS llECOllDEO AT BOOK 62SI, PAOE 431 OF rnE ARAPAHOE COUNTY PUBLIC RECORDS; THENCE N Ol 6 44 '3T' E ALONG A LINE 30.00 FEET WEST AND PARALLEL TO SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 961.SS FEET; THENCE S 11"02'SS" EA DISTANCE OF 30 .00 FEET TO THE POINT OF BEGINNING . CONTAINING AN AREA OF 34,ISO S.F ., O.IOOO ACRES, MORE OR LESS . NOTE : THIS DESCRIPTION DOES NOT REPRESENT A MONUMENTED LAND SURVEY, THIS DESCRIPTION IS INTENDED ONLY TO DESCRIBE THE A TT ACHED EXHIBIT. I, CHRISTOPHER H. McELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRlmON WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING . CIIRJSTOPHER H. McELVAIN PROFESSIONAL LAND SURVEYOR COLO RADO REGISTRATION NO . 36S61 FOR AND ON BEHALF OF JEHN ENOINEERINO, INC . sass WADSWORTH BYPASS #A-100 ARVADA, CO 80003 J \IJIJ\10J-/01\£XH18TTS\l'ACATIONS\JJl11 'ACI '1oc t • • --· 0 BAs1s or BEARINGS EX H I BI T ---------+~~~~6~J1~!5<;l~ T~= NE 2~_j.3~~c~ _3_3_ SHEET 2 OF 2 NWCORNEl/4,SEC.33 . ~ 131716' ___ & -----. T4S, R66W, llTH PM · ~ FNO. 2" BRASS CAP IN POINT OF CONCRETE, STAMPED ...L.--S 01'44'37" W COMMENCEMENT C&C OF DENVER ...,. 1318.69' NE COR, SEC 33 UNPLATTED BOOK 4492, PAGE 574 N 86'01'46" W 56.97' 8 ~-- ! ~ ~ vi. ii 0 N ~ oi :!! POINT OF BEGINNING UNP LATTEO BOOK 4492, PAGE 574 S 8752'.38" E J0.00' T4S, R68W, 6TH PM FNO . J 1f4" ALUM . CAP, LS 22571 , 1993 1 IOI • 100 FtET 1),\1[; Ol17.05 PE-JI REV. BOOt< 6258 PG 4.18 JiHN ENCilNHIING JI LOCATION : VACATION LOCA TEO IN lHE NOR'THEAST QUARTER OF SECTION JJ, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 151H P.M. AREA· J4,950 Sr OR O eooo ACII( j: ll'll.C; VACATION NO . 1 SCALE : 1" • 100' 03.17 05 1S45-20J-107 3107VAC1 ' • • ( ( ( .. UTTLUON/ENGLEWOODTll&ATMINTPIANT VACATION NO. J 130-:111:1-107 0:1-17~ SHEET I OF2 A VACATION OF A PORTION OF ARIGHT-OF-WAY, LOCATED INTHENORTilEASTQUARTEllOF SECTION 33, TOWNSHIP 4 SOUTii, RANGE 61 WEST OF THE SIXTH PRINCIPAL MEll!DIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS : BEAIUNOS AllE BASED ON THE ASSUMPTION THAT THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 33 BEARS N U-03'15" WANO MONUMENTED AS FOLLOWS : • THE NORTHEAST CORNER Of WHICH BEINO 3.25" ALUM . CAP LS 22571 . • THE NORTHWEST CORNER OF THE NORTllEAST QUARTER OF WHICH BEINO A 2" BRASS CAP IN CONCRETE STAMPED CAC OF DENVER. COMMINCINC AT THE NORTllEAST CORNEil OF SAID SECTION 33; TilENCE S 36°57'34" W A DISTANCE OF 119'.44 FEET 10 THE POINT OP IIGINNING; THENCE S A"0:1'25" EA DISTANCE OF 252.01 FEET; THENCE S 14°26'09"' WA DISTANCE OF 10.23 FEET; THENCE N U"02'33" WA DISTANCE OF 211.22 FEET; THENCE S 01°43 '21" WA DISTANCE OF 6.00 F'EET; THENCE N 11°02'23" WA DISTANCE OF 33 .01 FEET; THENCE N O 1°43 '30" E A DISTANCE OF 6.00 FEET; THENCE S 11°02'33" EA DISTANCE OF 1.47 Fl!ET; THENCE N 01°43'30" EA DISTANCE OF 10.00 FEET 10 THE POINT OP ll&GINNING. CONTAININO AN AREA OF 2104 S.F., 0.0621 ACRES, MORE Oil LESS. NOTE : THIS 0£SCRJPTION DOES NOT REPllESENT A MONUMENTED LANO SURVEY, ntlS DESCRIPTION IS ll'fTEND£D ONLY 10 OESCa1B1! THE A Tr ACHED EXHIBIT. I, CHRISTOPHER H. M<ELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLOAADO, DO HEREBY CERTIFYTllATTHE AIIOVEDl!laJPT10N WAS PREPARED BY ME Oil UNDER MY DIRECT SUPERVISION AND CHECKINO. CHRISTOPIIER H. McELVAIN PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 36561 FOR AND ON BEHALF OF JEHN ENGINEERINO, INC. ,as, WADSWORTH BYPASS #A-100 ARVADA, CO 80003 J \IJ4J'IJOJ./071£XHIIT1S\YACArlONS\Jl0'1flAC1 .• Jll 1/100$ , OJ AM t • • -· II01[: EXHIBIT SHEET 2 OF 2 NW COR NEl /4 SEC . 3 3 POINT Of T4S , R66W, 6TH PM COMMENCEMENT FND. 2 " BRASS CAP IN NE COR, SEC 33 CONCRETE STAMPED T4S, R66W, 6TH PM C&C Of DENVER BASIS OF BEARINGS FND . J 1/4" ALUM . "" • NORTH LINE OF THE NE 1/4, SEC . JJ CAP, LS 22571 , 1993 • .,.,__ .. _.._ ____ ~s~·~·~ ~6~4-~ __ . .. . .., .. UNPLA TTED '?'\ BOOK 4492, PAGE 574 ">'o c:, POINT OF BEGINNING --------ill! N 88"02 33 W UNPLATIED BOOK 1074, PAGE 531 LINE BEARING L1 s 14"26 '09 · W L2 s 0 1"4 3'2 8 " W L3 N aa·o2·23· w L4 N 01·43·30• E LS s aa·o2·33· E L6 N 01·43•30• E LENGTH 10.23 ' 6 .00' 3 3 .01 ' 6 .0 0 ' 1.4 7' 10.0 0' UNPLATTED I INCH • 60 llIT OA!E: OJ.17.ll> MS tS NOf A LANO SUR'wt'.Y PUT OR IMPRO\'CMCNT Sllt'tt:Y PUJ NO lilONllilCNTS WIC.RC scr FOR TH( PR(PA~AnoN or hi( 4TlACHCO LlCAl OCSCRIPnott JeHN EIGINHIIIGJI ---·--· ..... ____ _ -CIII LOCATION: VACATION LOCATED IN TI£ NOR'IHEAST QUARltR OF SECTION 33, TOWNSHIP 4 SOUlH, RANG[ 18 WEST OF TI£ lllH P.M. ARCA: 2104 ~r OR 0.0121 Ao.: t: TU: VACATION NO 2 SCAU 1• • 60' 031705 1~-20l-107 J107VAC2 t .. .. .·.a., • • U1TlZTONIDIGIZW TIIUTMENT PLANT VACATION NO. J 1'4S.JID.107 0).02.e, SHEET I OF2 A VACATION OF A PORTION OF A RIGHT-OF-WAY AS 11.ECORDEDAT BOOK '57,PAGE S46 AND BOOK 121, PAGE :M7, ARAPAHOE COUNTY PUBLIC llECOIIDS. LOCATED IN THI! NOll11fl!AST QUARTER OF SECTION 33, TOWNSHIP4 SOUTH, RANOE61 WEST OF THI! SIX1ll PRINCIPAL MEIUDIAN, CITY Of ENGLEWOOD, COUNTY OF ARAPAHOE, STATE Of COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEAlllNGS ARE BASED ON THI! ASSUMPTION llfAT THI! NORTII UNE OF SAID NORTIIEAST QUARTER OF SECTION 33 BEARS N ll'03'15" WAND .MONUMENTED ASPOU.OWS: -TIIE NORTIIEASTCORNER Of WHICH BEING 3.25" AWM. CAP LS22571 . -TIIE NORTHWEST CORNER OF THI! NOlllllEAST QUARTER OF WH1a1 BEING A 2" BRASS CAP IN CONCRETE ST AMPl!D CAC OF Dl!NVl!ll. COMMENCING AT THE NORllfEASTCOltNEROF SAID SECTION 33; TIIENCE S 29"55'5r WA DISTANCE OF 1476.45 FEET TO THI! l'OINT OP a&GINNJIIIG; TIIENCE S 01°45'41" WA DISTANCE OF 30.00 FEET; TitENCE N lro2'29" W A DISTANCE OF 25.00 FEET; THENCE N 01°45'41" EA DISTANCE OF 15.00 FEET; THENCE N lro2'29" WA DISTANCE OF 157.76 FEET; TIIENCE N01"43'2r EA DISTANCE OF 15.00FEBT; TIIENCE S 11°02'29" EA DISTANCE OF 112.77 FEET TOTHI! l'OINTOF a&GINNING. CONTAINING AN AREA Of 3,116 S.F , 0.0715 ACRES, MORE OR LESS. NOTI!: TIIIS DESCRIPTION DOES NOT llEPRESENT A MONUMENTED LAND SURVEY, TIIIS DESCRIPTION IS INTENDED ONLY TO DESCal8I! THI! ATTACHED EXHIBIT. ~ CHRISTOPHER It Mcl!LVAIN, A SUllVEYOR LICENSED IN THI! STATE Of COLORADO, DO IIEIU!BY CERTIFY TitA T THI! ABOVE DESCRIPTION WAS PREPARED BY ME OR UND£ll MY DIRECT SUPEllVISION AND CHECKING. CHRISTOPHER H. McELVAIN PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 36'61 FOR AND ON BEHALF Of JEUN· ENGINEEIUNO, INC. 5155 WADSWORTit BYPASS #A-100 ARVADA, CO I0003 J l/1'J\lfJ./f'f\£XH/atTSlf'ACATION$\J/f7f'~ J/J/l'fMIJJAJI • t .. • • IIO~ EXHIBIT SHEET 2 Of' 2 POINT OF COMM ENCEMENT NW COR NEl/4 SE C. 3 3 T4S, R68W, 6TH PM FND . 2" BRASS CAP IN CON CRETE STAMPED C&C OF DENVER NE COR, SEC :,3 T4S, R68W, 6TH PM BASIS OF BEARINGS FNO . 3 1/4' ALUM . j NORTH LINE OF THE NE 1/4 SEC 33 CAP, LS 22571, 1993 -0----,'-----__ ~8~3_'.!5.'.:!.._36J4}6~ __ UNPLATTEO BOOK 1074, PAGE 531 N 88'02'29" W 157.76' 15.00' N 01'45'48" E UNPLATTEO BOOK 759, PAGE 118 UNPL ATTED ----...-~ UNPLATTED T111S rs Nor A LANO Sllt~T Pl.A r °" IWPROi.t:MCNr Sl.lt\lCV PUT NO YONUMOf fS WERE SCT '°" 1WC PlltCPAA.AftON 0, THC ATTAO<O UCAl DCS01Pnc:1t JiHN ENGINHIIH JI ---·· -·-...... ___ _ -- LOC ATION · VACATION LOCATED IN THE NORTHEAST QUARlER Of SECTION 33. W..SHIP 4 SOUlH, RANGE Ill WEST OF THE llH P.lot. NIE-'. l.111 s.r OIi 00715 AOIC1 :t n.£: VAC ATION NO. 3 SCAL£. 1° • 60' 5 .3 05 1$4~20J-107 J 107VAC3 .. • • C {1 T y 0 F ENGLEWOOD OFFICE 0 F T H E C I T Y Daniel P. Murphy, Esq. Montgomay Liule & McGrew S445 OTC Parkway -Suite 800 Greenwood Villaac, Colorado 80111 July l , 2005 ATTORNEY REGARDING : Pauline & Aubrey Hanisoo v. City ofEqlcwood No. 04 CV 4059. The "Settlement Apeemcot And General Rclcuc" ii acceptable; however, if you need a signatun: by a representative of the City of Enalcwood tbia matter will need to ao before the Englewood City Council. I will ult for audiority to ICdlc this matter al the July 11, 2005 Council Mcetin1 . CC: Rick Kabm Dave Henderson Dave Co ffman 0 8/nf D....i L lrOIZINI\ Qy AnorMy ~ N. Reid,~ Clly ~ 0upi ~ C-. Alamfll Clly .-..., 1000 Enpewood Pnway Enalewood, Color.to FAX )0).71U192 C ( ROBOT I MONTOOMEIY DAYm C. urn.E DANW<GIIEW JAMES J. SOI.AN, m aJCHAAD L MUUAY, JI. l(£V1N J KIJIIN aoaar J. BEATTIE WllJJAM H. KNAPP DDllA PIAZZA DANE. P. M\JUIHY llOeBT N. SPl!NCEa JOHN L RJI.EY OWSTOPHEa I . LITTU PATU:'X T. O'ltOUUE fUDElK:'K. I . SKD..1.0.H KAUNI.BEST JOEi.A.MAYO CIIAlLES L MASTIN D AMY E. COOlt-OUOH WILLIAM J Sl!A&l'OOltCE. Ja. David Coffinan Assistant Project Manager City of Englewood MONTGOMERY LITI'LE & McGREW noFl!SSJON..U. COllPORA TION A 1TOltNEYS AT LAW 11IE QIJADIIANI' 5445 DTC PAaK'WAY surrz• GIU!ENWOOD VILLAGE, COLORADO •m TELEl'IIONE: (3131 773-11. FAX: (llJ) DMtU WEIISITE: ........ .-..,c.- •oy E. MONTGOMEllY ,,.,_,,. June 21, 2005 Department of Public Works/Enginccring Services I 000 Englewood Pkwy . Englewood, CO 80110 Re: Pauline cl Allbrq Harrison v. Cily of Englewood, et al. Arapahoe County District Court Case No.: 04 CV 4059 Our File No.: 934-143 Dear Mr. Coffinan: IEATIB A. 'ftBCXaAUOII ltARA~ IMrL_,_....,. LUIM.- MIOIAILJ. Da:Ull DYSTAL L WOIX»UIIY D.\NB.A.SNl!l'ffl. LAURA J. KOUPAL CA&iaNN.UIU..Y (W~ i. lAYAAD YOUNG 11IOMAS c. DELINI! As you know, the litigation has been settled upon payment by TGT to Plaintiffs in the amount of $500,000. As part of the settlement, St Paul Tmiclers agreed to forqo any claims for indemnity and contribution against TGT. Enclosed is the Settlement Agreement and General Release ("Agreementj between the parties. 1 have reviewed the Agreement and recommend that you sip the Agreement on behalf of the City of Etlglewood. Please have your sipature notarized. Once you have signed the Agreement, please return it to me. Once we have a fully-executed copy of the Aan,emcnt, I will send you a copy. Yours truly, DPM/djh cc : Sally Milbwn (w/enc:l.) ' • • ( ( SETILEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (hereinafter referenced as "Agreement") is made by Taylor Kohrs, LLC, the City of Englewood, St Paul Fire and Marine Insurance Company, and their personal representatives; administrators; successors; assigns; past, present and future employees; agents; trustees; officials; officers; directors; parents, affiliates, subsidiaries, predecessors; successors in interest; partners; other insurers; reinsurers; and companies (hereinafter collectively referenced as "Releasers'') for the benefit ofTGT Companies, Inc., its insurer AMCO Insurance Company, and their personal representatives; administtators; successors; assigns; past, present and future employees; agents; trustees; officials; officers; directors; parents, affiliates, subsidiaries, predecessors; successors in interest; partners; insurers; reinsurers; and companies (hereinafter collectively referenced as "TGT"). RECITALS WHEREAS, the City ofEnglewood (hereinafter "Englewood'') is the owner of a public park identified as Belleview Parle in Englewood, Colorado (hereinafter "Belleview Park''). WHEREAS, Englewood constructed a miniature railroad in Belleview Parle, and the Englewood Lions Club Swimming Pool, Inc., owns and operates the miniature railroad track pursuant to a written lease agreement with Englewood. WHEREAS, in the Summer of 2003, Englewood began construction of a water parlc, or aquatic center, in Belleview Parle, and Englewood and Taylor Kohrs, LLC, (hereinafter "Taylor Kohrs'') entered into a written contract dated July 21, 2003, whereby Taylor Kohrs became the general contractor for the construction of the Belleview Family Aquatic Center in Belleview Parle. WHEREAS, the July 21, 2003 contract between Englewood and Taylor Kohrs, contained, among other provisions, certain express terms and provisions concerning the defense and indemnification of Englewood by Taylor Kohrs in the event of certain losses or damages to persons or property during the construction of the Belleview Family Aquatic Center in Belleview Parle. WHEREAS, Taylor Kohrs and TGT entered into a wri~n subcontract dated July 30, 2003, whereby TGT became a water utilities subcontractor for the construction of the Belleview Family Aquatic Center in Belleview Park. WHEREAS, the July 30, 2003 contract between the Taylor Kohrs and TGT contained, among other provisions , certain express terms and provisions concerning the defense and indemnification of the project owner and Taylor Kohrs by the TGT in the event of certain losses or damages to persons or property during the pendency of the contract. WHEREAS, on August 27, 2003, Pauline Hamson fell while walking along the miniature railroad tracks in Belleview Parle, and made a claims against Englewood. Taylor Kohrs and TGT for Page 1 of 7 ' .... .. • • 0 personal injuries sustained in that fall. WHEREAS, Englewood, Taylor Kohrs and TGT were named as defendants in a civil action brought by Pauline Harrison and Aubrey Harrison, and styled as Pauline Harrison and Aubrey Harrison v. City of Englewood, Taylor Kohrs, LLC a/Ir/a Taylor Kohrs, a Taylor Construction Group Company and TGT Companies, Inc., filed in Arapahoe County District Court, Case No. 04 CV 4059 (hereinafter "Harrison Lawsuit''). Jn the Harrison Lawsuit, Pauline Harrison and Aubrey Harrison claimed damages arising out of Pauline Harrison's August 27, 2003 fall in Belleview Park. WHEREAS, St. Paul Fire and Marine lnsuranc·~ Company (hereinafter "St Paul"), issued to Taylor Kohrs a policy of insurance, which provided, among other coverages, liability insurance pursuant to certain express terms, provisions, conditions, exclusions, limitations and definitions. · WHEREAS, Taylor Kohrs, through St Paul, paid costs and fees associated with the defense of Englewood in the Harrison Lawsuit, and St. Paul incurred additjonaJ costs and fees relative the defense of Taylor Kohrs in the Harrison Lawsuit WHEREAS, Taylor Kohrs, Englewood and St Paul each presented to TGT, and TGT's liability insurer AMCO Insurance Company, claims for defense and indemnification ofTaylor Kohrs and Englewood in the Harrison Lawsuit, and Taylor Kohrs filed a cross-claim against TGT in the Harrison Lawsuit for defense and indemnification . WHEREAS, TGT and AMCO Insurance Company denied any duty or obligation to defend or indemnify Taylor Kohrs and Englewood in the Harrison Lawsuit. WHEREAS, TGT, through its insurer AMCO Insurance Company, has paid SS00,000 .00 to Pauline and Aubrey Harrison in exchange for a complete release of all claims against Taylor Kohrs, Englewood and TGT in the Harrison Laws,1it, pursuant to the express agreement of Taylor Kohrs, Englewood and St. Paul to waive and forever release TGT and AMCO Insurance Company from any and all claims for defense and indemnity arising out of the Harrison Lawsuit and Pauline Harrison's fall in Belleview Parle on August 27, 2003 . RELEASE AND SETI'LEMENJ DBMS AND CONDffiONS NOW THEREFORE , it is the desire and intent ofTaylor Kohrs, Englewood, St Paul, TGT and AMCO Insurance Company to settle and compromise all matters in dispute between them, or which could be in dispute between them, upon the recitals, terms, and conditions set forth herein. I . CONSIDERATION For and in consideration of the payment by TGT, through its insurer AMCO Insurance Company, of Five Hundred Thousand Dollars ($500,000.00) to Pauline Harrison and Aubrey Harrison in full and final settlement of the Harrison Lawsuit for the benefit ofEnaJewood, Taylor Page 2 of 7 ' ... . • • • ( ·• • introduced into evidence or otherwise used in any fonn or for any purpose in any pending or subsequent litigation, proceeding or hearing, including any pleading filed in connection therewith, before any court, agency, or tribunal anywhere, except in any litigation, proceeding, dispute of matter arising, directly or indirectly from any alleged breach. violation or abridgement of any of the terms or conditions of this agreement. This agreement may be pied or asserted by or on behalfof any party hereto as a defense and complete bar to any action, claim, counterclaim, cross-claim, cause of action, demand or proceeding that may be brought, instituted, or taken, against or on behalf of the parties with respect to any of the matters set forth herein, accepting only any obligations duly arising out of the terms of this agreement. 4. RESOLUTION OF DISPUTED CV.IMS It is understood and agreed that the payment of the sums referenced herein by or on behalf of the parties arc made and accepted in compromise and settlement of disputed claims, and that this agreement shall terminate all issues which have been, might have been, or could be raised in any suit, or action in any court oflaw or equity, or any judicial, quasi-judicial, or administrative forum, arising out of, or in any way related to the Harrison Lawsuit and Pauline Harrison's fall in Belleview Park on August 27, 2003. 5. NON-WANER No waiver of any term, condition, default or breach of this agreement, or any document executed pursuant hereto, shall be effective unless in writing and executed by the party making such waiver; and no such waiver shall operate as a waiver of either a) such term, condition, default, or breach on any other occasion, orb) any other term, condition, default or breach of this Agreement or in any document executed pursuant hereto, shall operate as a waiver of such provision or any other provision herein or in any document related bcrcto. 6 . ADVICE OF COUNSEL The panics represent at the time of execution of this agreement that they are authorized and competent to execute this agreement, and funhermorc.. each of them acknowledge that they either have sought and obtained the advice of counsel concerning the rights and obligations confinned by this agreement or they have expressly and knowingly waived the opportunity to seek and obtain the advice of counsel concerning tbe rights and obligations confirmed by this agrecmenL 7. FURTHER REPRESENTATIONS The Parties each acknowledge that: (i) they are executing this agreement in reliance solely on their own judgment, belief, and knowledge, and upon the advice of their legal counsel, if souaht; (ii) no promise , inducement or agreement not herein expressed has been made to any party by any other party, or person acting on bis or its behalf; (iii) the terms and conditions contained herein are contractual and not mere recitals; (iv) this agreement contains the entire apeement between the Page 4of 7 ' .... • • parties hereto, (v) that they have not assigned any rights or claims which in any way relate to or arise from any action or inaction by TGT concerning. relating to, or arising out of arising out of the Harrison Lawsuit and Pauline Harrison's fall in Belleview Parle on August 27, 2003. IN WITNESS WHEREOF, we have hereunto set our bands and seals. STATE OF ___ _ ) ) ss. COUNTY OF ____ ) Taylor Kohrs, LLC Name (print): Title: SUBSCRIBED AND SWORN TO before me this __ day of ___ _, 200S, by Witness my band and official seal. My commission expires: -------· Notary Public IN WITNESS WHEREOF , we have hereunto set our hands and seals. The City ofEnalewood Name (print): Title: Paae S of 7 • t ... .,. . . • • • STATE OF ___ _ ) ) ss. COUNfY OF ___ ) SUBSCRIBED AND SWORN TO before me this __ day of ___ _, 2005, by Witness my hand and official seal. My commission expires: ------- Notary Public IN WITNESS WHEREOF, we have hereunto set our hands and seals. STATE OF ___ _ ) ) ss. COUNTY OF ____ ) Sl Paul Fire and Marine Insurance Company Name (print): Title: SUBSCRIBED AND SWORN TO before me this __ day of ___ _, 2005, by Witness my hand and official seal. My commission expires : ------- Pqe6of 7 • t • • APPROVED AS TO FORM: Scott Landry Ray Lego & Associates a1torneysfor Taylor Kohn Daniel P. Mwphy Montgomery, Little & McGrew, P.C. anorneys for the City of Englewood Paae 7 of 7 ( 1. 2 . 3. ·• • CaKk>order <J} ~ Invocation~ k ~ Pledge of Atleg:: ~kt-1 ....... ~- 4. Roll call Members: ___ absent 5. CC~nutes COUNCIL · MNl!ng~ ,_ I I • l I ~ ( -.. ! I \ I :. ___ ./ ! f f •· ( 1. 2 . 3 . 4. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD cm COUNCIL MONDAY, JULY 11, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7-'b~ Invocation. ~ Pledge of Allegiance .~ Roll Call . 0 5. Consideration of Minutes of Previous Session. ~· M;n"t~ •=~.Regula< Gfy Cotmcil meeting of J"ne 20, 2005.~ 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) l ·q;v ./I~_ Donna Reeves, owner of 3401 M il411 South Grant, will be present to discuss the (L -~ IJf7 zoning variance on her property. (For background information on this issue, please see memorandum from Community Development in the Council Newsletter.) Marianne Farrell, a Farrell Sales & Service/Metro Brokers Realtor representing 3401 and ~---c--!L-~~~34~1:-l~o"'u::.:t~h Grant, will be present to discuss Zoning Variance #61-192 on this prope~ amp er will be present to discuss Brian Muell~r's Fund Raiser/Golf Tournament . 1"J:l. ~ sched"led fo, A"'"" 16, 2005 . ~-?a) 7 :.>63 f . ~~ ary Ellen M c Pherson , 4001 South Fox Street, will be present to discuss her Englewood raffic tickets . Recogni tion of Unscheduled Public Comment. (Please limit your presentation to five minutes. nme for unsch ed uled public comment may be limited to 45 minutes and if limited shall be continued to General Discu ss ion .) /;-'k'~ P1ea e no t If ou have a d1sab1hty and need auxili.uy aids or sen.1ces, pluse notify the City of Englewood (3 03 · 62-2407) at least 48 hours m advance of ~hen services are needed. ~ .. .. • ' • 0 ·• • • Englewood Ci ty Council Agenda July 11, 2005 Pa Communications, Proclamations, and Appointments. a. b. ~ _!fl_,c. ~a d. {lgl-?!}_e. 0P ~f. ~~-g. (?MrJI_!_\. ~#~ i. fg;;ir . j . ~ft--k. gµ/_1. /Jm~ m. ~-n. ~L 0 . ~oit-p . fl;;~~- /11-r. A proclamation declaring the month of July as Recreation and Parks Month. A resolution reappointing ~her Bartunek to the Cultural Arts A resolution recommen1~~~e;'.~radshaw for appointment to the Housing Authority. ~ /~ A resolution appointing John Brick to the Planning~Zoning Com ~ A resolution appointing M<Jrk Craf\ a~ Alternate Member to th ransportati Advisory Committee. r~ ,~ A resolution reap~g Paul Hendricks to the Code Enforc Committee. ?f:! A resolution appoin~an Jensen to the liquor Licensin Authority. A resolution appoi7~e Planning an Zoning Commission. A resolution appointing Ran~ to the Code En cement Advisory Committee. A resolution appointing Randia laga as an Alternat Member to the Planning and Zoning Commission . ,:;8" A resol ution reappointing~~~~a~hlin as a outh Member to the Parks and Recreation Commission( __, A resolution reappoint~ McDermo to the Alliance for Commerce in Englewood. //CJ · A resolution appointin~gue t he Keep Englewood Beautiful Commission. A resolution appointi~sman the Code Enforcement Advisory Committee. A resolution reappoint~er· hn as a Youth Member to the Parks and Recreation Commi,r,sio s an Alternate Member to the Code Plea e note: If ou ha, e a dis.1b1hl) and need auui.11') aids or sen'kes, ~-notify die Cily of [nakMood (3 03-762-2 ) at~ t hour Ill ..d\ana! of WMn ~'Kes Me nHded. lNrlk t • • 0 Englewood City Council Agenda July 11 , 20 05 Page 3 A resolution appointing Marc Ogon°P Keep Englewood Beautiful Commission . A resolution reappointing Steve Schalk to the Alliance for Commerce in Englewood . A resolution reappointing Donna Schnitzer to the Cultural Arts Commission . A resolution reappointing Maggie Stewart to the Cultural Arts Commission. aprl,f/-D,~~·~ I!' I 9 a I a. I Approval of Ordinances on First Reading. i. Council Bill No, 34 -Recommendation from the Department of Public Works to enter into an Intergovernmental Agreement (IGA) with the Denver Regional Council of Governments (DRCOG) for 2005. This IGA will allow DRCOG to reimburse the City of Englewood for the signal system equipment purchases in the amount of $30,000 related to the FY05 Miscellaneous Equipment Purchase Program. STAFF SOURCE: Rick ICahm, Director, and Ladd Vostry, Traffic Engineer. ii. Council Bill No. 35 -Recommendation to adopt a Bill for an Ordinance approving an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 1, 2005 Coordinated Mail Ballot Election. Based on the known facts, the cost of the 2005 municipal election has been budgeted at $25,000. STAFF SOURCE: F~nk Gryglewicz, Director of Finance and Administrative Services, and Loucrishia A. Ellis, City derlc/Election Commission Member. iii. Council Bill No. 33 -Recommendation from the Department of Safely Services to adopt a Bill for an Ordinance authorizing acceptance of the Justice Assistance Grant for a new mobile data terminal server lo run NCIC/CCIC dearances. STAFF SOURCE: Byron Wicks, Commander. b . Approval of Ordinances on Second Reading. ()1_J_JZ} i. rJ?d-11-. ~ ii. mdft-_!!!L iii. (JiJI &R_ iv. Council Bill No. 26 authorizing an Intergovernmental Agreement regarding shared use of Arapahoe County's Radio Communications Network System . Council Bill No. 27 approving a S:orm Drainage Criteria manual Council Bill No. 28 extending the limited waiver of the Waste Transfer Surcharge until Dece mber 31, 2007. Council Bill No. 29 to opt-out of Cily Council nomination petition vacancy commi ttee provisi ons as set forth in Stale Statute. Plea se no te : If you ha e a disability and need auxiliilry aids or services. please nolify the City of Englewood 1303-762 -2 407) at least 48 hours in iMJv~e of when services are llffded. 1Mnk t • • Englewood City Council Agenda July 11 , 2005 Page 4 c. Resolutions and Motions. i. Recommendation from the Department of Public Works to approve, by motion, the purchase of one 250 Gallon Melter Applicator for melting rubber ancJlilliiig cracks. Staff recommends awarding the contract to the sole bidder, Denver Industrial Sales and Service Company, in the amount of $36,797. STAFF SOURCE: Rick ~hm, Director. 10 . Public Hearing Items . (No Public Hearing Scheduled.) ~ 11 . Ordinances, Resolutions and Motions. a. App~ Ordinances on First Reading. b. Approval of Ordinances on Second Reading. ~ C uncil Bill No. 14, as amended, approving amendments to the Englewoo~., J, /),'-;;) icipal Code perta~~::::. ~Is and Visual Barriers of the Unifier~ Development Code. _ ,, v ,,_ 7 , _ /{#~ {j) ~ ~ ~ 1 ii . Council Bill No . 16 vacating rights-of-way on three parcels located within or CL ~ ?-(} adjacent to the Littleton/Englewood Wastewater T~ ~ _°> c. Resolutions and Motions. · " ' ...,,,_,,..._., ff 12 . General Discussion : a. Mayor's Choice. b . Council Members ' Choice. 13 . City Manager's Report 14. City Attorney's Report. 15 a. Settlemen t of Harrison v . City of En!e:~oo; ~) ~~4059. ;;...O~ <ioummeol. (~f)-07 SfJ9 WtJ. {!) ~~- need Ml'UNI) ~ o, sevi«s, ~ notify !he City ol Enalewood hour in e ol when s«vices iAnt llffded. Think vou. ' .• • • Engl ewood City Council Agenda Jul y 11 , 2005 Page 5 The following minutes were transmitted to City Council between June 1 7 and July 7, 2005: • Englewood Housing Authority meetings of April 6, and May 4, 2005. • Englewood Public Library meeting of May 10, 2005 • Liquor Licensing Authority meeting of May 18, 2005 and Telephone Poll of June 1, 2005 • Board of Adjustment and Appeals meeting of May 11, 2005. Plea e note: If you ha,e a di~ty and Med~ Mis or sefW:~ ~ noWy 1he City of lllllfwood (3 03-7 62-2407) al least 48 hours in id\-ance of when ~es are needed. Thnt ' • • (J . . ~ ' ... .. . : . . • • ·• • • , r, u t . . . . . . • • D 0 . The Friends Of OFFICER BRIAN MUELLE Present The 3rdAnnual "Brian Mueller Benefit Golf Tournament" Englewood Golf Course Thursday, August 18th, 2005 Englewood Police Officer Brian Mueller wu critically injured in a motorcycle accident while trying to apprebencl a fleeing suspect on July 2, 2003. He remaim disabled and in the care of bis wife and nones. The proceeds from this tournament will be donated to the Brian Mueller Police Beoellt Fund that bas been established for Brian and bis family. There will be cash pril.eS awarded for the top 3 teams, long ball, closest to the pin, and door prizes. Four-Person Scramble 7:00 AM Check in 7 :00-7 :30 AM Free Range Balls 8:00 AM Shotgun Stan flJN, FUN. FUN, FUN!!!!!!! I :30 PM Prizes & Lunch $100.00'Player or $400.00'fcam Space is limited for this event. Don't miss it!!! For more information. please contact Mart McKay at 303-762 -2493 or Jeff Linle at 303-889-8 158 . For din:ctions to Englewood Golf course, please caU 303-762-2670. ' • • ·• • • ( ··--,.. f . ' . ···--.._./ A Brian Mueller Fu P.O. Box 2531 Player #2. __ __;_ _ ____;;_____-'---'----~ Player #.\. ____ ____:c......::. _ __;.;,,::::..;._ __ .;_ Pla)t'r u. ___ .,__ _______ ....: ___ Yes, I would like to be a hole sponsor or $1..ilirOIJ, .. "°' Please send your $250.00 to EPBA Brian MueUer Fund, P.O. Box 2531, Englewood, CO Fee includes Your name or organization on the tee box. Your sponsonhlp .. y be tax ded Deadline for hole sponsorship is August 9th. Name --------------------'-------'--~ (Exact name or Busi~ on the sponsor sign) ( I · ( On July~. 2003, our friend and fellow ollirer, Brian Mueller was oo scene at 601 ~ Parba.y to aMist another officer. One of the parties attanpwd to flee after being diredr.d to remain. Brian attr:mpwd to apprehend this individual. In the coune of attr:mpring to apprehend this suspect, Ofc. Mueller was imoMd in a serious aa:ident when his motorcyde collided w.ti a small pick. up truck at the comer of E. Dartmouth and S. linroln. The impact left Ofc. Mueller iqjured and in a coma for approximaldy 48 days. Ok. Mueller sustrined llUJPel'OUS broken bones and internal iqjuries. Sadly, Ofc. Mueller also sustained a head iqjmy that n life altering and disabling. Obviously, this iqimy bas proven ID be a career ending iqjmy. He must be tended to by oCbers at all times and for just aboutewery need we all lake for graIJlal. .. Brian will Pel'a" apin be the same man he was onJuly 1"'2003. The iqjmy that was sustained in the ooune of his duly to the cilizais of ~ has fore\'Cf a1rered him. his wife, his children, Im parents and vil1uaDy all of us who know Brian and worbd w.ti him. The pwpose of my preseotdion this evening n first of all to let you know lhat Brian n figbbog the good fight. As you cm ace, Im aaiblde was and • ah,ays upbeat and~. He bas am:ptrd his life, a., it n, lu has not acce1*;d his limilalions. Im physical daapy. ODpogand ~ Secood, a., you are aware, ·Friends d 08ia:r Brian Mueller" spolll()l'S a Golf Toumameot each )al" for Brian and his fmrily. This a the 3" ammal Tournament Numben of busin+ w:s tbrougbout the &gk.wood Community haYC very paciously dooa4rd door pmes and bole spomonbipL While Wortmeo's C,ompeosaaion and Brian's rnNtiral retirmleot income pay most of his nccr.s,itir.s, the procn:m from this TOUJnameot OOlllml* IDwald mi'lcellaoeom expenses and oCher financial needs. k • our small effort to help Brian and his f.amily maintrio llOIDe dqrec d normalcy. My reason for addressing you is ID respedfuDy request any finaocial assieeancc possible for the toumammt Your · ?mer will be ao g,ady apprui&d and would be used for the beuameot of the 9DUmamcD9: and hence for the beaermmt of Brian and his f.amily. ~~ ' Cp,+~ Grqory ~ Cnrnroiatt ~ b Frimds d08ia:r Brian Mueller t • • ·• .. • - ( • • • - ·• • • I \ • l I l~ • • • ·• • - • • (''" I I \ I \ ~ C •· • ·• • • • I ' l~ ( -·----i· .) \ ....) ., -.. __ .,. • ( City Council Meeting July 11, 2005 There is a property I have listed at 3401 S. Grant St and the adjacent property, with a different owner at 3411 S. Grant St The crux of our discussion tonight will relate to the 3401 S. Grant St property. The property is zoned MU-R3-B ... the combined lot size of the two properties Is 12,500 sq.ft., which under normal circumstances would allow for 4 units total: (3) units on 3401 and (1) unit on 3411 In 1961 a variance was passed on 3401 S. Grant St; the Seller believed It to be for a 6-unlt apartment building. After reviewing the variance, it was discovered that It was for 6 units on the main floor and three stories high for a total of 18 units. Where Is the expiration date? . In an economic model of progress, profits and production, there Is no down side. These buildings are decades old. The Sellers does not have the funds to repair/restore the properties. Absentee landlords, such as the case on 3411 S. Grant St, has a renter that does not contribute tD the economic production of this City. And If anything It is costing the city In several ways: the neighbors have complained on several occasions to various city departments, of the type of occupant In this property and their conduct Is disturbing tD this neighborhood to the point where some neighbors have moved out of the area; if new construction of modern, reasonably priced multi- family units replaced the existing structures the city would benefit economically and aesthetically. There Is no down side. And It would be consistent with the efforts of the city to gentrify this area. New jobs would develop, merchants would enjoy Increased traffic, the tax base for the City of Englewood would Increase and there would be beautiful, new homes. ' .... ,, • • The new owners would provide a large economic base not only for the occupants but for those who come to visit and provide an environment that would stimulate further updating/ spendlng/gentrlftcatlon. There Is no downside. If the Planning and Development dept does not want 18 units, what would be acceptable and remain within the theme of reconstruction, for not only this area but adjacent areas. If the Masonic Temple Is replaced with multi-family units how could that surpass the need to replace these structures? If the Denver Seminary Is going to have 325 units constructed, how can Planning and Development deny the historical document of this variance? We are attempting to replace the old with the new, In accordance with the guldellnes of the city plans. There Is no downside ... What would the City Council suggest we do to go forward with the sale of this land In the spirit It was Intended?? We anxiously await your a~r. Marianne Farrel~ Farrell's Sales & Se~ Metro Brokers, Inc 6377 S. Revere Pkwy #400 Centennlal, CO 80111 303-799-8100 x113 Cell: 303-638-6115 Fax: 303-799-5855 ·• • - 3401 S. Grant St Has 18 unit Variance Passed by City Council in 1961 •· - 3411 S. Grant St How much longer does Englewood have to look at this??? -. i . , , '11,. '' I · - Back Yard to 3411 S. Grant St Neighbors are tired of this .. • !.._ .._ .. __ .,,,, Crescent Court How the Grant St corner could look 0 •· ( The Meabe1-s !'resent, Cerleon, Cnrtwri&ht, Yembere Absent, llesen Other Officials Preaents Bone Henry L. 3trauas 4150 E. Eirena• J>enver Clqton aoved, Love aeconded, ·• • - Ayoas lfl\YS I Absents Cartwright, ·ciaytoat. ·t,ove(Ca:rlaon None llezon l!lld Appoala, the aeetiDB was Approved.~~~~-- ' • • ·• ... -.. • • r,.,.\ I \ L'=-"" ~-·-~l t . 1.1.___) • -.J ·~·::'· ... .,. ·. • . . .;._ .... . . .. I \, ' ... .. ) ~rJ l "> \ \;:: "' EAJ;T b/ R "4 /< .l) AVE ----. ---·· I.I ·-r )... ~ ll ' "' " ri I i "' 0-!) I t " ~ "( ~ ' F .. ) --, ' . : Poi S , d .: ~ P.,. R 4.-,. ~ <,; 4 c ~ ~ ;. , . I ' -, -J ---,· 1" -;:r ~·· ----'I --·--... __ J,!_._'----~-----"""'."--------1~-:-; 2/ 1 I '.:• ,:~/~,, !!!-:.~·-.. __ J -':'"--. --- </· ., . ·-···- .:'·-:.-i_ ., . ..:::. _r-:'-..: · ~--~7--- .. ~· I ~·' ~ ' f( \t i . ' I L 0 7~ <1-a, ~7 ANl) Tlrl~NORTII z.o FEEr u~ I.or "'6, 4.!0ct' 7 ,PREM,-1:~ "'""'"r1c,,..,. E1,l(;,J.EW0,;,Q , Cot;,vTyu, A/lAPANOI .s , .... r c o .&" c .:, , ..:>~Ac c, ·• • • .. • . ·,~ . .. " .. : •I .. . I .,. . • ~i I I tJ .· .. . "' ...... . AVE " . • 'J \, • -----+----•t • I • ---,,--------+ ::: PoSSldt'.#.PAR,.-.,J<;. 4 c ... ~:s :~---. ~----. _]_ .-:.::-,: ' II\ _ _, -.,.------,. ' .! I -----··--·-_.._ ____ :---------::-------....--'1 .fl.* I '! .. .. -·· I • r "'.j:.-... IIJ ' • . r . d ' \J ' ........ ... i L O 7~ 4-,51 4-7 AND TI/E NOR.Tl/ Z a FEEr ,H L. 0 r .f.6, ~L o n : 7 , PREMIE~ A l).?I TI C A{ ENG.LEWOOi), r:ot11vTy ~ A/lAPANOL S TATE C)~ C.Ot~RA()O -··:"";·------· -r ' tr. t .... "20' -r 1 ~-·"~· .:. . t ., .. _, . ~ -~ t . . -0 1· ~ . ,-I . ... . r ...... ,: .. ,,.; . ., o .,..,.~ ~:,4 .... ..... < ' ) t,.: "' .... ~ "{· ~ \!I ':t ... .... -.J 0 VI ·• • • 0 ' :.i'D:3JECT: .~.a,i, .A..·:f-~c·~ .d· &,~( _ _'{·~/ ,-~· -. { l.,11../: f, /l.:...-'-<._ _._,. ')-I /._ ~:.: j~I 1/:i~~ • • ( ( BOARI) OF \ntt~~ ADJUSTMENT AND ;,~EALS City of En&'lewood Case No. &_/.::. ...•.. /J?;J... . Hearin&' ... ~.:.l.2.:~ ... d..P ............ 1s.b./ 2 / '< ··-.... A . B • r (1 ct1 o n of oard by a vote oC ········+-··· to ·····"····-··· request is hereby 0 0 1'nied )!:' Granted with the followi ng proviai ona: "!..1 ..... l~.71'f-4···-~~-:'-4.ti.. ...... e.u.1.i.l .::a ... .!!ttd.1... .. _.i..fTe . .J I I: . t !-rLJJ_) d II .....••.••••.••... ... -.... rfL .. L ••••• ff _ .. ~-.... ?: ...................................................................................... -..................................... . / Secntary ---·-·········-·······- ' • • ·• FIi ND. [B«roffl C...Tl'ICI 0059.51 Mlp!Wna 314-Y Property Address 3401 S Grant St Enalewood CGll1y Araoahoe SI* co Zip Codi 80113-261 0 ,al Description N. 20 Ft of Lot 46 aU of lots 47--48 Block 7 Premier Add Sale Price$ DIii al Sale l.oal Term ___ yrs . PIOIIIIIY _. AjlprliMd X Fte Ll9lhold De Mlr*'1II PIii Actual Real Estale Taxes S 1 , 145 (yr) Loa, cturves ti be paid by 111111 S ___ Olis 5*s concmlanl Lender/Client _Donna Reeves Address Occupant _ Apprlisel Marianne Farrel lnlruclans ti Apprm land value anlV Location l)l)an X s.i., Rural Good Avg . Fair Poar Bull!Up X 0wir1s,i; 2s"t175" Under 25" ~Sldy X Grow1h Rate Fuly Dev . Rapid Sllldy X Slow camnnc.t1~ X Property Values lnCllasi1g X SIIIIII Declr*1g camnnc. ti Sl'°"*'9 X Oemand/SUl)llly Shanagl x; ln8*1ce ~ ColMrNnce ti Sdlaall X Mntlngllme Under 3 Mos . X uMos. Owr6Mos. Adequacy al Pubic Trnportlllon X Pr1sent lMld Use 6°" 1 Fnlly --1Ql 2..C Fllllily ~ Apll . -"Condo~ eon-dll FIICrllllanll Facllls X -" lndus1rlal "Vacn -" Adequacy al tan X Change In Present Lilld Use X Nol I.JIiiy Umly(') T-,Place(') PIOIIIIIY~ X (') From To Prullclon from Dn1mml Conlauns X Poomnn Occupancy a-X TIIIR "Vacn Nee and Fin Prullclon X ~ Fanily Price Range S 92 500 111$ 575.000 Plldomnn Vu$ 225,025 Gnni ..... ol l'nlpdes X Single Fanily Age ~ yrs. 10 ~ yrs . PrlClorrinal1 Aoe 80_ yis. AppaltlMnl X Ccmnm Including 1hose factars , '-able or llfflOl1bll, alldig rnntmay (e.g. pidc pm, sc:haols, llllw, nau): Mamt of the homes In ,,... code 80113 are ranch !ltwo homes over 50 ..,.,. old.2-3 bedrooms 1-2 car ---framalbrtck conatruction wllh Afll!Nln -...,___ Several have been remodeled to Include new windows lllllhl. aid ..-. ....., families are attracted to the area due to low_,_ ana lo ·-ana-. DIINnsions fUJC125 IAOIWln -__. 18 ,._, . 11,, :111.1 Sq. R. or Aini X can.Lal Zoning c:lassllcm MU-R3-8 Mullkme. meclun denllly,bua. "'-~ X do do not can1arm ti 111111ng ~ hest and best use X Pr..cuse °'* (lplCly) Should remain aa 111no1a tan,liu hnualnn ellher llllached or detached l.l'1its Pubic Olla (DescrlJe) Off SITE IMPIIOVBIENTS Tapo IIINIIIVlav9I Bee . X SIIIII Accels X Pubic Prlv-. SIii 8750 aa.fl . ' Gas X Sll1lce 8lllNllt Slllpt War X Malraaa X Pubic Prlv-. llt'ltw olw homes s.i. Sewer X X Sams-X CIIW* 1D1agt ..,..,. adelllme ~Ellcl&TII. X Sldnrlll X_Shltl.W* , .............. 11 ........ _ ...... , ....... ..., x .. YII ConrlWD (law*8 arllllllanllll ndulllglllJ ~ .... --.----. ar• ..... cai.-..t: Tlw 111..tiad ~ IUffenl from severe Dhvslcal. functional and economic obec>INcela. Tlw llruckna .,........,. .. -a,..,..,, and eecond structure used aa a ----1n11e-•of tt.-. n.--to-llNeltruclurN would -· ..... andhnnlv --lato --ana-wll'I newbullda. The......-ha IIClld ... i.-... d IRlltlla 1111111 lllntrr ad ........ llllljlcl al Ila ............. _....,.. TIit ..._ ..... Mir ..-lllldlo mnt _... 111 '-111m d ...... lllllml-... .. llllljlcl al .... """"'-It ...... 11111 m .. ~ Pl"9IIY II aipatar marna11Mn111tlla! .. Uljlcl~.1 .... (·) ........ llnalu...._lll..., ... llllllljlcl;l1....-11m1n .. ~111111111111111ar11a tiiOlallle lla1 b subjlcl propaty, I plus (+) ..... II rnD 1111 lncralng .. lndlrad a of .. Nljlcl. fTBI SIK..-:l~JT ND.1 111.2 :1111 .3 Addms 3401 S Grant St 3886 s. Galapago St ~ s. Cherokee St 3811 s. Sherman St E - l~to"' ........ ,~Price s Is 136.000 .l s 145000 .; Is 200000 Price s t s ''ll I IS 111:n Source MLS MLS Mu Dall ot Sale and DESCRl'TION l +t-li ...... l+t-••-l +t-lSMlu&t Tln1e Adjlslmenl &1111.11 !lll1n& IIIIV 18!lllln& -1o!lllln& 11 ........ E -l~N'iew 8750 12500 8375 12500 ---s1ld for S200K LIited for S185K Ulled for S150K Ullld r.11111 800 >--· Soldforc..h Owner canted IO%CVL.oen --Sales or Flnalclng Concessions NII Adi . /TcJlal\ + -s + -I + -s lndlcad Valle ls l. l1 ')fV\nnt'I al SulJject 1-u. nnn 1MnM Comnenll OIi Mab! Ila: I J1ftlna ., A .t ant 11'1 _, r.nna ll!IUl 10..,. -o, la 11'1 _, ,,,,,_ IIIUl 13 east of Broadwa~ south of HamDden. Thele IOCS ant the moat r9Cent .-and .......,, .. toane--· no other sales noted closer to AUhlAd of llmlar size· .,._ area twa not naa -.-ol llil 11aw In naa1 12 mo . Corrmns and Condllons al AjJplllsal : All .. were viewed aa vecanl land · Sublad haa two a111a11nn on "81111 wll'I no.._ value. Thia was ~ on the baals of vacant land nn1v and no value nllMn to -Billlllln '-· Anal Reconclalion: ComD #3 is cloMst In value to llubiact ......-, bul ,-buaiar ..._. hl9 a.-1ra111e flow. S•Jhiect is in a goQd location for b Ul8 aid offers nr..t DOllrlllll actna upon -nl18•-. -·-·-"---·--·--·· July8,2005 --ti• S lll1n 000 • • Marianne Farrell _____ Did Did-~--'-" I Amnil«tsl . ..... Alnllllr (I llllllalllll IY2KJ f9111S...&S... Form Ull -'TOTAL lor WlndGln" IIPtlllilll .._. br 111 nma, llc. -1,G,ALMIDIIE ~J'J, (\!flt: Photo U navailable At This Time AddNN:3686 SOUTli GAI.APAGO STREET U@ll•:102625 , ..... sow AIU1S SUBN CENTRAL Sub AIU1SKERRJTTS,OLD ENGLEWOOD,BROAD Type1MULTI FAMILY P-WEST NS DlredlofflSOUTH 1W Dlrwdloll1WEST Mllp/Sec:llon:344 · B ,--~ TotalHOA,-1~ PNQuelNI T1p111 .... 11R.AT W.._,PUBUC W.._Taphld1 ...... , ...... ,. Wall: .....,.,,, ballui .. For w .. , """ For ... , DaaCI lpllon1 [!) UsllngMap hral IIMJ120]703218007 Zoned1MUL ~ Jull..ili:IINIICOUNTY Acna:0.29 Ltlt-112500 ... ,......., ldlool DlalltctlARAPAHOE ••• 11 ... w1&o!iQ,MADDOX Jr ..... , ..... lliil,5JNQAIR Ir Hlaln81811.£fllGJ.EWQ® *'-I S-,PUBLIC ..... , ........ , ..... , ... ,..,. ,,1c1111•165..0® ...... 13.20 NA1f568965.53 ec..ty:ARAPAHOE Clly:ENGLEWOOD 8aalYES 8NTep._1. lledrlclty1 ! ,..-.C .....,_aPERFECT OLD ENGLEWOOD! ZONED MULTI-FAMILY . SUPER NEIGHBORHOOD . TONS OF POTENTIAL! ............. DlradlDIWICONTACT USTOR luyan "9anCY12.80 , ..... ......,2.80 Varlallle C:..-l11l1n1 Llablr1LUCAS MAES u.t1n1 Offlca1t!OM_E ~ fSTAil Offlcll IDllHQME bc:halon9: ............. r, ...... 1 LIMllail..,,...aNO lftlry Only1NO lxdullva1EXCLUSIVE RIGHT CUn'8llt Llllt Daleall·AUG-2004 9dl!!!!I Llllt Dale:ll·AUG -2004 I.Illar ..._.303-858-BlOO Oftlm ..... 303-858-8100 .............. 303-858-8100 Pal720-863-2116 ._.IEYIRI.YMMSOYAH®.tOH -.i bfflNt Chem To:CHICAGO TITLE ................. 5000 Sold Prlce:$135,000 ..... lnlilNat ltna:0.00 ..... T-CASH ..... Dall:20-AUG -2004 Sold Loan Alllt:$0 ..... ID:l HOHE ..... DP~ CWNllt DON10 C:o,,nnlan Type:NON E C.. IJR AabfO W DONIO c, 1998·2005 Metrohst, Inc. All rights resen1ed. All infom,etlon is subject to change and should be lndepondently wnfled. " t .. • • Addrwal3029 SOUTH OtEROKE£ STREET Y!!l!!I •1992054 ! ...._SOLQ AIUIS SUBN CENTilAl ._ Ara1SPEERS BROADWAY ADO TypetRESIDENTIAL,MULTI FAMILY ,_EAST NS Dlredlon1SOUTH 1W Dlredlon1WEST Map/hcllon1314 • T Tu-'863 Talal HOA '-ttO PeeQuaeN1 Tllll,..,.!&FLAT Wlllar.PUBUC W.._Tapl'llld: WDIIDrTapPee:t Wall: l'enlllt/R11I liallciHJ Por W .. : U.,.PorW9111 [!) LlstingMap Paral IIN11.9713!22l021 Zone1111R28 Z4llllne JurtNk:lton1CITY Acra!0.21 Lllt-9375 ............. 175 adlMI Dlllrk:bARAPAHOE __ ... fl8010,ll$HOP JrNIIII/NIMesll~R 9r Nllha8111!>.fflGLEWOOO Norm! s.w.tPUBUC .._Tapl'llld: .._Tapl'ee:t Dacrtpllon1 PARTIAL FENCE,STORAGE,1031 EXCHANGE PrtceltH.9.~ NPlflS.99 NA&f713809.50 CNllty!ARAPAHOE Clly&ENGLEWOOD ZIIH80110 c. ........ Unlllaa,........, ~ ft;;1111 C a,tPUBUC ROAD HLI t&IRld 9y!C!TY ._. a.t'amlPAVED SMIYES ._Tap,-:t • I r:lltdty:YES ! Pullllc "--lalTHREE LOTS ZONED R·2, LAND VALUE ONLY. BUILD A DUPI.EX OR LARGE SINGLE FAMILY HOME . EXISTING LARGE 2 CAR GARAGE AND DRIVEWAY. EXISTING WATER/SEWER TAP. PRIME LEVEL BULDING PARCEL, CLOSE TO ENG CITY CENTER, LIGHT RAIL, SHOPPING, ETC . llroll• ----= Dlledlolia:NORTH ON BROADWAY FROM HAMPDEN TO DARTMOUTH . WEST TO CHEROKft. RT TO PROPERTY mu..,. ae-c.:2.80 ............ " .... '' 1.1111W ...... 303·947-0079 T,-9roller:2.80 1.111111N ..,,.._NO CMllm ...... 303·780·7788 Vartallle Co1Nal11lan1NO ....., OIIIJINO ....... ...... u.tor:JEFF KEUEY lxi:tH1toae1EXCWSM RIGHT l'alu303·761-4648 u.tlntl Offlca:KELLEY PROPE_RTIES a.n-t LIit .,.._19·JUL·2004 .... aJJUmM5JtMOI..®" OflleelD:Cl,516 Ori I dUltDelaa19·JUL·2004 ,_.WWW,fHlfl·ffl9PEIQESg>M Exdualone: Eameat Clledl To:NORTH AMERICAN TITLE Sold l'rtce:f145,000 SollC S....... llalel9.00 .... T-OWNER Will CAARY ........ 123-JUN-2005 Sold Loan Anlt :f SollC ID:07411 ..._ DP Aalllbto Cillffalll DON1318 Concwlon Type:NONE Cl n 111Z1 Alall$O T91i1Z DON,318 0 1998·2005 MetTohst. Inc. AM nghts -· All I~ Is sub)Kt to change and should be ""'""'_,tly _. ~J}, (Utt: Photo Unavaila ble At T h is T i me AddNN:3911 SOUTH SHERMAN STREET U@II •:945835 ! ....._SQLP Area:S SUBN CENTRAL S.. Ana:SO BDWY HTS Type: l'-EAST NS Dlredlon:SOUTH OW Dlredlon1EAST Map/Sectlon:344 -C T .. •:$1,116 Total HOA,_,. .... QuoeM: Topapraphy: Walar.PUBUC W.._Tephld: W.._Tep.._:. Welt:NOT OPERATIONAL ftenntt/11111 L ....... l'or w.111 UNNl'orWell: Deaatplloa: I!) Listing Map ....... IDS:21!]~0.2§ Zoned1R2 ~ Jmllfl:IIDIII Acra: LotSlnt12500 ............... 100 Scllool DlllrtctlENGLEWOOD ·····• ••ll!l50..MAIX!OX Jr ..... , ..... fll2!1.fl.QQQ Sr H111118180.ENGLEW_!X!D ..... .._.,PUBLIC S-,Tapl'ald1 .._.Tap .... ,t CNllty!ARAPAHOE at,IENGLEWOOD Zlln80113 Cl9l•IMIS: Ullll-.,ol'lllad:NO -..-.i ft Cllllf 9ft .... 1111 Ml .,. .... llllfacal ... e.Tap.._,. 81:trtdty • ! Pullllc: "-11a:GREAT ENGLEWOOD LOCATION CLOSE TO UTE-RAIL CORNER LOT SCRAPE AND BUILD TO SUITE ALLEY ACCESS BUYER TO VERIFY ALL CITY AND COUNlY REQUIREMENTS & PERMITS ...... ..___. Dlrecllane:BROADWAY SO OF HAMPDEN (2851 TO MANSFIELD EAST TO SHERMAN SHERMAN & MANSFIELD lluywa AttancY:2 .80 PNapect ........... LIiier ....... 720-290-1118 T,-arolrar:2 .80 ~ ..,._NO Olllm ,.._.720-895-1010 Y........_ eo-•••an: llllry OlllrlNO ...... ,.._.303-370-9463 Umlr:DAN PERCEFULL ......... EXCLUSIVE RIGHT Pal720-895-1516 U-. Offlc:e:Al)VANCEP PROPEI\TY SA CUrNllt I.lat Dalial07-APR -2004 ..... IWl'tl\CEPUU..O.C°" Office ID:APS01 OMIMI I.lat .,,..,07-APR-2004 UM.IWWW.SQI.PIXPM,CQM bdu:tlona: bmeat Cllacll To:AOVANCED PROPERTIES ....._ ....... 3000 Sold Prtce:t200,000 Sold bllaraat llala18 .25 Solil T-a>NVSmONAL Solil Dala:10·SEP ·2004 Sold Loan Amt:t l 6 2,560 Sold ID:02954 ..... DI' AN11btO CW... DON .. 2 CoftCeHlon Type:NON E Cell c nit R AlllbtO W D0Nt4 2 C 1998-2005 Metrol,st, Inc. All rights reserved. All lnfomw,tion Is subject to change and should be ~1y ....-. ' • • 3401 S. Grant St and 3411 S. Grant St t Englewood, CO 80113 Sold toar;ether 3401 s. Grant St Has 2 gas iaps Sold for Land Value Only .. • Has I water lap ... • Existing properties to be .. demolished by developer 3411 S. Grant SI • Variance on 3401 S. Grant may provide for up to six apart-Hu I gas tap ments (variance case# 61-192) Has I water lap • Both properties sold as a package • Total lots combined equals 12,500 sq.ft. • 340 I S . Grant listed for $200,00 • 3411 S. Grant listed for $79,900 Total cost: $279,900 '"'l:".:· 3401 S.GrruttSt.E~. C080/IJ for 4 (possibly 7 units) • Zoned MU-R3-B-Could build for residential and office spaces-Medium to High Density Residential and Lim- ited Office District • Buyer to verify measurements of land and variance infor- ·~Sollls mation at City Of Englewood Planning and Development • lllllllll[f: ... .. For more information call today ! 31N S. Elati St • Iii/kid#/. Marianne Farrell Farrell's Sales & Service/Metro Brokers rw 6377 S. Revere Pkwy #400 Centennial, CO 80111 3195 llacell St ' W) 303-799-8100 H) 303-693-8493 • i#illlid: • • Cell: 303-638-6115 Fax: 30)-799-5855 Elli .... Sllilr .._.. ( .l ..... St www.farrellsales .com marianne@ farrellsales.com ·• • • ,. J J l l ' J .. "J :] J J J C J :] J :J :J J • • :J( :J J"-tWVH , \_ Kl • .. --.-~--- L-,-- l!r-f>fb--r....-.--- t ---~·--- "' --r-'-1...._ _____ _ OYVYIO ·• • • ' • •