HomeMy WebLinkAbout2005-07-11 (Regular) Meeting Agenda Packet..
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Regular City Council Meeting
July 11, 2005
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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
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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
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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
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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
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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
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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
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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.
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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 .
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(k) RESOLUTION NO. 60, SERIES OF 2005
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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
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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 .
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(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.
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Engle.wood City Council
July 11, .lOOS
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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
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Englewood City Council
July 11, 2005
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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
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Enpewood City CouncU
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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 :
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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 .
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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 .
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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
.
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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.
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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.
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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.
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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.
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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
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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
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Englewood City Council
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(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
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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 .
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Englewood City Council
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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
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Englewood City Council
June 20, 2005
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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
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Englewood City Council
June 20, 2005
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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
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(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.
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Englewood City Council
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Mayor Garrett asked if there was any discussion . There was none.
Vote results:
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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 .
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Englewood City Council
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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 .
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Englewood City Council
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Vote results:
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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.
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Englewood City CouncU
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Vote results:
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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 :
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Englewood City Council
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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.
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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.
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PLEASE PRINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNICtllDULID flUBUOOGIRl&N1'.
DATE: July 11, 2005
~~ NAME ADQAESS 'W I
st?'~~~~~s-J-v~~.~~
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 ,
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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
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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 .
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LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 200S
BY AUTHORITY
INTRODUCED BY COUNCIL
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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 .
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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
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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.
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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.
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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
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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
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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
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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
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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/.
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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
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Loucrisnia A. Ellis
City Clerk
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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
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Broadway (Kenyon to City Hal) Fiber optic cable $9,550
Fiber optic transceiver $1,850
Total &tlmalacl C08t $30,000
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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
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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 .
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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
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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 .
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h.
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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.
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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
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DATE DAY
( ·,n 1 Sat
Jan 31 Mon
June1 Wed
July 11 Mon
J Jly22 Fri
Aug2 Tues
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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
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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
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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
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LJATE DAY
/' ·t 4-
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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
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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
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DATE DAY
Oct28 Fri
Oct30 Sun
Nov1 Tues
Oct 31 • Mon
Nov1 Tues
Nov1 Tues
Nov1 Tues
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Nov9 Wed
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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. 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
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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
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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.
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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
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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;••
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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••
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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•,....
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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•
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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•....-
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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
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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 :
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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
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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 .
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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.
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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
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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:
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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
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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
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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.
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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 • . • . • . • . • . • .
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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 --....... ·==··--
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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 .
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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
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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.
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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.
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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.
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Figure 16-6(7): Driveway/Street Distance Triangle
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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
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!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
~
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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:
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-1-A
-1-8
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-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
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xccpt u ooted
n
dditiooal
F cnces in a side yard aba1l not
tcrfere with gr obstruct viljbjljty
· · a required sipt distance
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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.
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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
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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
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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 .
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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 :
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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-
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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
• •
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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
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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
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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
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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
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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
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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
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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
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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.)
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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
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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
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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
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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
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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 : -------
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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
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CaKk>order <J} ~
Invocation~ k ~
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Members:
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5. CC~nutes
COUNCIL · MNl!ng~ ,_
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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 .
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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 .)
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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. ~
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Englewood Ci ty Council Agenda
July 11, 2005
Pa
Communications, Proclamations, and Appointments.
a.
b.
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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
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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.
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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
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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.
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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 ,,_
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{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. · " ' ...,,,_,,..._.,
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12 . General Discussion :
a. Mayor's Choice.
b . Council Members ' Choice.
13 . City Manager's Report
14. City Attorney's Report.
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a. Settlemen t of Harrison v . City of En!e:~oo; ~) ~~4059. ;;...O~
<ioummeol. (~f)-07 SfJ9 WtJ. {!)
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need Ml'UNI) ~ o, sevi«s, ~ notify !he City ol Enalewood
hour in e ol when s«vices iAnt llffded. Think vou.
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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
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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.
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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)
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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
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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.
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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
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3401 S. Grant St
Has 18 unit Variance Passed
by City Council in 1961
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3411 S. Grant St
How much longer does
Englewood have to look at this???
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Back Yard to 3411 S. Grant St
Neighbors are tired of this
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Crescent Court
How the Grant St corner could look
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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,
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Ayoas
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Absents
Cartwright, ·ciaytoat. ·t,ove(Ca:rlaon
None
llezon
l!lld Appoala, the aeetiDB was
Approved.~~~~--
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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
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BOARI) OF
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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 _ .. ~-.... ?: ...................................................................................... -..................................... .
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Secntary ---·-·········-·······-
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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:$0 ..... ID:l HOHE ..... DP~ CWNllt DON10
C:o,,nnlan Type:NON E C.. IJR AabfO W DONIO
c, 1998·2005 Metrohst, Inc. All rights resen1ed. All infom,etlon is subject to change and should be lndepondently wnfled.
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Addrwal3029 SOUTH OtEROKE£ STREET
Y!!l!!I •1992054 ! ...._SOLQ
AIUIS SUBN CENTilAl
._ Ara1SPEERS BROADWAY ADO
TypetRESIDENTIAL,MULTI FAMILY ,_EAST
NS Dlredlon1SOUTH
1W Dlredlon1WEST
Map/hcllon1314 • T
Tu-'863
Talal HOA '-ttO
PeeQuaeN1
Tllll,..,.!&FLAT
Wlllar.PUBUC
W.._Tapl'llld:
WDIIDrTapPee:t
Wall:
l'enlllt/R11I liallciHJ Por W .. :
U.,.PorW9111
[!) LlstingMap
Paral IIN11.9713!22l021
Zone1111R28
Z4llllne JurtNk:lton1CITY
Acra!0.21
Lllt-9375
............. 175
adlMI Dlllrk:bARAPAHOE __ ... fl8010,ll$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
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