HomeMy WebLinkAbout2005-08-15 (Regular) Meeting Agenda Packet...
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Regular City Council Meeting
August 15, 2005
Ordinance #~~. 41, 42, 43, 44, 45
Resolution # ~~~76, 77, 78, 79, 80, 81, 82, 83
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
August 15, 2005
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:34 p .m.
2. Invocation
The invocation was given by Mayor Garrell .
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Garrett.
4 . Roll Call
Present:
Absent :
A quorum was present .
Also present :
Council Members Tomasso, Moore, Garrell, Bradshaw, Wolosyn, Woodward
Council Member Barrentine
City Manager Scars
City Attorney Brotzman
AssiSlallt City Manager Aahcny
City Clerk Ell~
Deputy City Clerk Bush
Police Division Chief Vandcrmec. Safely Services
Police Lieutenant Sanchez. Safety Services
Fire Division Chief Lockwood. Safety Services
Senior Planner Graham, Community Development
Director Gryglewicz, Finance and Administrative Services
Housing Finance Specialist Grimmett, Community Development
Director Kahm, Public Works
Recreation Manager Hultberg, Parks and Recreation
5 . Consideration or Minutes of Previous Session
(a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 1, 2805.
Ma yor Garrett as ked if there were any comments or corrections. There were none .
Vote results:
Mo11o n c arried .
Ayes :
Na y :
bsent :
Council Members Moore, Bradshaw, Garrett. Wolosyn. Woodward. Tomasso
No ne
Council Member Barrentine
6 Rerocnltlon of Scheduled hblk c-•
There "ere no sc heduled, 1 11or •
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Englewood City Council
August IS, 2005
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7 . Rec.ognitlon of Unscheduled Public Comment
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(a) Richard Raymo nd , formerly of 4644 South Linco ln Avenue, said first of all I want to apologize
for my emotional outbreak two week ago. I guess I'm not really good at biting my tongue. I won't apologize for
what I said and there will be no embellishment of what I said, because all of that is true. I don't lie, I don't cheat, I
don't steal , and I don't do drugs or alcohol. As a matter of fact , I have been substance free for 12 years, as of the
19th of this month. I told you last week I was born a drunk. I think the earliest I remember drinking booze I was
three years old. I know what alcohol is and I'm repulsed by alcoholics and drunks . When Sergeant Watson was
arresting me and manhandling me, after he leaned over and told me that he was going to get me ... he got me this
time. Even another officer was standing there looking~: him like what are you doing ... the guy fully submitted.
Even a junior officer saw that in his eyes. I want a writ of replevin on my furniture that was stolen from my house
after this incident happened . I think that should go to show that Division Chief Vandermee didn't investigate this
case whatsoever. My stuff was blatantly stolen. While I was sitting there, after I filed this investigation ... as I said, I
d o n't know how much I was ranting at this time ... but Division Chief Vandermee made it very clear that he sicked
his dogs on me, to have me arrested that day. That is exactly why I wasn 't read my rights, that is exactly why I
wasn 't investigated. Not one word was asked of me other than to shut my mouth. They didn't ask another person
that was standing right there. They wouldn't interview her and the girl that called in got thrown out of Stella's Bar
o n Broadway at 2 o'clock in the morning in a blackout.. .stone-rage drunk. That is the girl the police took the report
from. So. I guess the bottom line is Thomas Vandermee threatened me in his office and he threatened me in front of
a Sergeant, he arrested me under Probable Cause based on the word of a drunk. I was threatened by a Division
Chief in fr o nt of a sergeant, why isn't he under arrest under Probable Cause? Do the laws only apply to certain
ci tizen s in thi s country? I think that is a fair question to ask. Obviously, you know a lot of my attorneys. I am
almost done here. by the way. One of the attorneys' on my case is Durant Davidson. l think some of you lawyers
probably know him, he served on the Fifth Circuit Court for 26 years. I think hi s bar number starts at 12 . I think he
went to school with Thomas Jefferson or something, as he has been around so long. I was trying to make light of a
bad s ubjec t there. by the way. When that first case was dismissed by Richard Matsch in Federal Court, Durant's
comment was like he was talking about his little brother .. Yeah, that's Rich for you he just won't talk to anybody
that ain't got a million dollars on his head ... At that point I figured I had spent $15,000.00 in litigation against the
City of Englewood. M y lawyer advised me. as he was a cop for 26 years himself, that you have ticked enough
police o ff in Englewood. Mr. Raymond . you better move out of that town . I did move. I moved over to 4644 South
Lincoln. That is where thi s last thing happened and there was a year without police contact, I have to tell you, until
thi s incident happened. They definitely remembered who I was. Mr. Flaherty just gave me a copy of your report.
Mr. Bro tzman and in thi s you said that you dismissed the charge against Mr. Luker. because Julie Luker said she
didn't wa nt to prosecut.c . Julie Luker didn't make a case against the guy, I did. She wasn't there. I was and you
sai d I d1dn 't have a witness. which I did. My neighbor was standing there when he did this as well . I mean. are you
just covering up for these g uys st ill '/ ls that still what it is? I do not wish litigation against the City of
Englewood ... ! d o not. I moved 73 miles away from this City. because I definitely fear for my life from police
putting guns to my head. I can 't do it. I am begging for a resolution. I was ready to sit here and wait thro ugh th is
whole meeting to see what your res umptio n was of thi s. but there arc already five things in here that you're not even
telling the truth about. Dan Brotzman. What is the deal .here? Is anybody going to get to the bottom of this? I
called and begged for a meeting with you. Mr. Garrett. First I wanted to apologize to you and assure you that I
"o uld be calm. like I a m trying to be right now. Apparently. you were o ut of town or busy or something. I am
begging fo r somebody to take care of thi . I d o n't want to go to the 18.., Judicial Circuit . I don't want to go through
hugauon again. It 1s an ugl thing. It is a disgusting process. For what it is worth . the violations that the City of
EnJ?,lewood has o mm1tted again t me arc violations of 42-USC-1983 Retaliation. Conspiracy. Refusi ng and
egle,tmg to Preve nt . Mahcious Prosec ution. Malicious Abuse o f Process. Conspiracy and Intentional Infliction of
Emo11onJI 01 tress. Please. Mr. Mayor. I am begging you to get to the bottom of this . This report that Dan
BrotzmJn I fihng "1th you ,s false and he ts lying through the whole thing. I would love to stick around for
' 11nebody 10 calk 10 me. "h,.:h I "'II do. Mr. Aaheny said he would . I hope you will afterward or 1f someone
"ould co mmen.t l me . that could tell me ne thing that ,s hone tl y the truth ... o nc thing.
~b or Garrett said unfonunatel) th, 1 not the forum 10 ha,·e a d1scuss1o n. but we appreciate your o mment and "~ "'II he;,,, Mr Brouman' report t the end o hhe meetmg and then we will see "hat i going on.
t r RJ} mond ,d ,er go,v.1. than'-)OU
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Englewood City Council
August 15, 2005
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8. Communications, Proclamations and Appointments
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(a) A proclamation declaring September 2005 as National Alcohol and Drug Addiction Recovery
Month in the City of Englewood was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING SEPTEMBER 2005 AS NATIONAL ALCOHOL AND DRUG
ADDICTION RECOVERY MONTH IN THE CITY OF ENGLEWOOD.
Ayes:
Nays :
Absent:
Motion carried.
Council Members Moore, Bradshaw, Garrett , Woiosyn, Woodward , Tomasso
None
Council Member Barrentine
9. Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I), 9 (b) (I), (11) and (ill).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 38, lNTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE ST ATE OF
COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE
SUPPORT lN THE ENTERPRISE ZONE.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 37, SERIES OF 2005 (COUNCIL BILL NO. 24. INTRODUCED
BY COUNCIL ME MBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE
SOUTH PLATTE ENHANCEMENT FUND· A DONOR ADVISED FUND OF THE DENVER FOUNDATION
BETWEEN DOUGLAS COUNTY, JEFFERSON COUNTY, SOUTH METRO WATER SUPPLY AUTHORITY ,
PARKER WATER AND SANITATION DISTRICT , CITY OF AURORA, COLORADO SPRINGS UTILITlES,
CITY OF THORNTON, DENVER WATER AND THE CITY OF ENGLEWOOD, COLORADO.
(ii) ORDINANCE NO . 38, SERIES OF 2005 (COUNCIL BILL NO. 36, INTRODUCED
BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT
DEF INING JOINT RESPONSIBILITY BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD
SCHOOL DISTRICT" FOR SINCLAIR BASKETBALL COURT AND INUNE HOCKEY RINK .
(iii ) ORDINANCE NO . 39. SERIES OF 2005 (COUNCIL BILL NO. 37, INTRODUCED
BY COUNC IL MEMBER WOLOSYN)
ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
COLORADO B UR EAU OF INVESTIGATION AND THE C ITY OF ENGLEWOOD. COLORADO
PERT Ai ING TO THE VIOLENT CRIMINAL APPREHENSION PROGRAM (Vi AP).
Vo te rHUlts :
Mo uon camed.
Ayes:
Na):
Absent :
Council Member Moore, Bradshaw. Garrett, Wolosyn. Woodward, Tomasso
None
Council Member Barrentine
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Englewood City CouncU
Aupst 15, 2005
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{c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. {Sec Agenda Item 11 .)
10. Public Hearing Items
No public hearing was scheduled before Council.
11. Onllnanc:es, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Senior Planner Graham presented an Intergovernmental Agreement with Arapahoe
County to use Open Space Grant Funding for constructing improvements to the Mary Carter Greenway . Mr .
Graham said this is one of the two grants that Arapahoe County has approved for the City of Englewood and the
grant portion of the Arapahoe County Open Space Funding. This project would construct a parallel path to the
existing concrete path, north and south of Dartmouth . The path south of Dartmouth would be a crusher fine path
and north of Dartmouth, it becomes concrete, because we have less area to work with and there are some
considerations. We identified a couple of Council outcomes that this supports ... those being ... providing and
maintaining quality infrastructure and also providing diverse recreation opportunities. The bike path is heavily used
and we are connecting Englewood to the portion that South Suburban has constructed from 470 north, to our south
border. There are some missing segments, as we plan for the Golf Course reconstruction, but eventually this will go
all the way from 470 to the Denver border .
Mayor Garren asked if there were any questions for Mr. Graham . There were none .
COUNCIL MEMBER BRADSHAW MQVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I). COUNCIL BILL NO. 31.
COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER BRADSHAW
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A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS
OF ARAPAHOE, .STATE OF COLORADO PERT AIN!NG TO THE MARY CAR,TER GREENWAY
EXPANSION AND BUFFER .
Mayor Garrett asked if there was any discuss ion . There was none .
Vote results:
Ayes :
Nays :
Abse nt :
Motion carried.
Co uncil Members Moore , Bradshaw , Garrett. Wolosyn. Woodward, Tomasso
None
Council Member Barrentine
(b) Approval of Ordinances on Second Reading
There were no additional items s ubmitted for approval on seco nd reading . (Sec Agenda Item 9 • Consent Agenda .)
(c) Resolutions and Motions
(i) Senior Planner Graham presented a recommendation from the Community Development
Department to adopt a resolution authorizi ng assignment of Englewood 's 2005 Private Activity Bond Cap
All0<:a11on 10 the Colorado Housing and Finance Authority for home ownerstup proarams . He said this is an amual
item. where we ask the Council to allocate the Private Activity Bond Cap Allocation to CHFA to provide funds for
homeowners . That ,s. ,r we have not been approached with a project that i ch11ble to receive Private Activity
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Englewood City Council
August 15, 2005
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Bonds . We discussed this one other time this year , when the Metro Mayors Caucus Program came forward and
asked for us to participate in their program again. Council decided at that time to participate, though not to add any
additional funds from the 2005 allocation. So, this proposal is to assign all of the 2005 allocation to CHFA.
Mayor Garrett asked if there were any questions for Mr . Graham. There were none.
CO . CIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (I)· RESOLUTION NO. 73, SERIES OF 2005.
RESOLUTION NO. 73, SERIES OF 2005
A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE
AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD.
ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND
CEILING ALLOCATION ACT.
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Motion carried.
Ayes:
Nays :
Absent:
Council Members Moore. Bradshaw, Garrett, Wolosyn , Woodward. Tomasso
None
Council Member Barrentine
(ii) Director Gryglcwicz presented a recommendation from the Dcpanmcnt of Finance and
Administrative Services to adopt a resolution approving the transfer of an additional $100,000.00 from the Land
Bank to the Civic Center Cultural Arts Space Project and appropriating an additional $100,000.00 from the
Conservation Trust Fund Contingency to the Project. He said this is a transfer of $200.000.00 total fnr the Civic
Center Cultural Arts Space Project, here on the second floor . In the Public Improvement Fund the source of fund is
the Cultural Arts Center Land Bank for $100,000.00 and that will be used for the project and the Conservation Trust
Fund. the CTF Contingency ... there is $ I 00,000.00 taken from that for the project.
Mayor Garrett asked if there were any questions for Mr. Gryglewicz . There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (II) • RESOLUTION NO. 74, SERIES OF 2005.
RESOLUTION NO. 74. SERIES OF 2005
A RESOLUTION APPROVING A TRANSFER AND APPROPRIATION FOR THE 2005 BUDGET OF THE
CITY OF ENGLEWOOD, COLORADO FOR THE CIV IC CENTER CULTURAL ARTS SPACE PROJECT.
Mayor Garrett asked if there was any discussion .
Council Member Woodward said I would just like to mention that. as I said at the Study Session a couple of weeks
ago, this space, I think , gives the City a real opportunity to do awards. to do different type of thint and it truly I a
multi -use type of space. So, I am very much in favor of it . Thank you.
Council Member Wolosyn said I do want to comment . I noticed that an the PIF fOf nut yea, '"-e do include a
transfer back of$100.000.00 recommended to the Land Bank and ""c will be ,oc1111 OftthM ,a~ h 111
there , l see it and I am glad of that. And also. I think the Cultural Ans COIIIIIIISUOII ud fatle•ood IN .ir-ty
working hard and bringing Arts events 10 our City and this is ao•na IO 1,~c us a bet1Cr -e~ce -
visibility throughout the metro area . That i one of the thina .• we arc rnuna ~1!.1111
Mayor Garrett asked if there were any ocher commenu. There .._ IIOftC
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Motion carried.
Ayes:
Nays :
Absent:
Council Members Moore , Bradshaw, Garrett, Wolosyn, Woodward, Tomasso
None
Council Member Barrentine
(iii) Housing Finance Specialist Grimmett presented a recommendation from the Community
Ocvclopmcnl Dcpartmenl to adopt a resolution applying for a new loan with Colonial Bank for $250,000.00 to
suppon the foreclosure activities of the Housing Rehabilitation Enterprise Fund. She said as Council knows , I've
been workin1 with a number of foreclosures this year and we had moved, hopefully, to apply for a loan through
Mile Hiah Housin1 Fund to suppon some of the continued activities of that foreclosure process . That loan is still in
the works and has noc been finalized, so I am making a separate request of Council to approve a loan of $250,000.00
of Colonial Bank, that would be more of a traditional loan, supported by two of the properties that we currently have
in our inVCIIIOry . This loan would be set up so that we would have 12 months to repay ii back, with just interest
paymcnlS paid quarterly. if we don't get them sold within the next 3 months. So, I request of Council to please
approve this item so that we can support the program and redeem the foreclosure and not take any losses on the
funds that we have already pul into the property .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (c) (W). ~LUTION NO. 75, SERIES OF 2005.
RESOLlITION NO. 75. SERIES OF 2005
A RESOLlITION AlITHORIZING THE APPLICATION FOR A LOAN FROM COLONIAL BANK TO THE
CITY OF ENGLEWOOD, COLORAOO TO RJND THE HOUSING REHABILITATION ENTERPRISE FUND.
Mayor Garrett asked if there were any questions for Ms. Grimmett or any discussion.
Council Member Bradshaw said I really appreciate the e-mail that we received, that we had asked you to send . I
appreciate it. Thank you.
Vote results:
Ayes :
Nays :
Absent :
Motion carried.
12 . General Discussion
(a) Ma yor's Choice
Council Members Moore. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso
None
Council Member Barrentine
Mayor Garret! did not ha ve any matters lo bring before Council .
(b) Council Members' Choice
(i) Council Member Bradshaw said just reminding everyone about the Relay for Life 11
Belleview Park thi s weekend, August 2~ and 21".
(ii) Couficil Member Woodward :
I . He said also a reminder of the KEB 5K Run at 8:30 on Saturday. August 27* followed by the Funfest at
Belleview Park .
2. He said this week's concert. Thursday evening, will be honoring Dr . Jess Gerardi from Enalcwood Hiah
School who was there for 30 years ... so 7:30 outside the Civic Center. Thank you .
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Enelewood City Council
Aupst 15, 2005
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(iii) Council Member Wolosyn said I don't have anydlin1 ex~ I aecoed..... IJO hoaor
Jess Gerardi, if you can.
13 . City Maoqer's Report
(a) City Manager Sears said August 21• is aoin1 to be a busy day. I jml wan1 IO let you know 111M the
City of Englewood is going to be hostin1 the Shots for Toca here thal momina. We will be *1e, UJIII widl
Swedish Hospital .
14 . City Attorney•, Report
(a) City Anomey Brouman said I do have die rq,on on~ railed by Mr. Raywmad duri• die
August 1, 2005 Council mcetin1 and I would apin ~ you 11111 this is a rq,on. It is noc • iavelliplicJa. h is
simply contacts that the Police Department and the ~lllion Office have had widl Mr. Ra)'DIOlld. An ~
investigation wu done by the Police~ thal ia refcftnl:ed in COINlllmer Wick 's rq,on . TIIII ...--16
police officen that were invatipled by the Safety Services Deparunenr u.l lllln •• a fmdias IMl !Mft -·ta
problem with the officers. Now that is noc a public doc-•-T1III is • illllnal illvaliplioa .. is ao1 availaWe .
The other documents. that Commander Wiclts referelll:ed, are all available . Mr. C-'s c--. -aaaciled
regardina the proaecution . There -11ne-dial Mr . RayaMJal ...... ill c.. Cowl .. ·--......... for
refiling. I don't know if that has actully been iefiled or noc . Tlln *1e -atllaUy two OIMr -... oa wllcle
Mr. Raymond wu a victim and one in which be was the defendant. Bodi of dime llad die -,._•a wialeu
and it was more than a reluctance on the pan of tbal -.. Ml. Luur. IJO llllify. Mr. C-fell. i• Ilia
professional judlJllent, that be didn't have e-aft IJO ao forwanl widl lbe c.e ad......_. Illa of.__
As Mr. Raymond indicated earlier. be did file a civil uit. which wu cliuaiued api• die Cily • ._ hidae Mlllclll
finding that the officer acted reuonably in die civil llald,y.
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AIUlETr MOVIDTOADJC>VaN. ne-.. adJowad • HI p.a .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, August 15, 2005
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. '7:jt.j ~
Invocation. ~
Pledge of Allegiance~
Consideration of Minutes of Previous Session .
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~ (,-Oa . Minutes from the Regular City COUOCJI mttbnl of Auguil 1, 2005. ~
6 . Recognition of Scheduled Public Comment; (~.ue lmtt your presentation to ten minutes .) g-
7. Recognition of Unscheduled Public Commt'nL {~.ise limit your presentation to five minutes.
nme for unscheduled public comment ~ be hm1 1ed to 45 minutes and if limited shall be
continued to General Discussion )
a. /<.lllllt/J /l.A-YIUAID
8. Communications, Proclama tlOll . Mld Ai>P<,in lml!flts.
a . apfd. /,-() Proclamation declann
Recovery Month lfl
tffflbN 2005 a t-;t}!o_n~I A15ohol a~ Drug Addiction
ol Englewood . /lf~
9~ Con~t .Astnga llemi Ju &-~..J. ~ ,.GI/AA /'/MS . 0 ~~~"4UI ..... . ffd V •. App"' ., of""'"""' ...... ~ a II 96-1, // 'I-/ II
i.
I) .vw1 nttd ~IONty aids or sefVicH, please notify lhe City of Englewood
· hours 111 advance of when sefVicH are needed. Thw ou.
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Englewood City Council Agenda
August 15, 2005
Page 2
State of Colorado. This grant will be used to fund marketing and administration
activities for the Arapahoe County Enterprise Zone. STAFF SOURCE: Darren
Hollingsworth, Economic Development Coordinator.
b . Approval of Ordinances on Second Reading
iii.
Council Bill No. 24 authorizing participation in the South Platte River Protection
Plan.
Council Bill No. 36 authorizing an Intergovernmental Agreement defining joint
responsibility between the City of Englewood and Englewood Schools for care and
maintenance of a Multiuse Recreational Facility at Sinclair Middle School.
rntJ.lltf
Council Bill No. 37 approving a Memorandum of Understanding with the
Colorado Bureau of Investigations regarding the Violent Criminal Apprehension
Program .
c . Resolutions and Motions.
10. Public Hearing Items. (No Public Hearing Scheduled.)
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
b.
c.
Council Bill No. 31 -Intergovernmental Agreement with Arapahoe County to use
CJpen Space Grant Funding for constructing improvements to thh'1ary S:art5' ... _
Greenway. STAFF SOURCE: Mark Graham, Senior Planner. /ff~
Approval of Ordinances on Second Reading.
Resolu£: Motions.
i . Recommendation from the Community Development Department to adopt a //,_13 resolution authorizing assignment of Englewood 's 2005 Private Activity Bond Cap
..,r-Allocation to the Colorado Housing and Finance Authority fo~~ d~ ~ 0 programs. STAFF SOURCE: Mark Graham, Senior Planner.
-71,.,. :. Recommendation from the Department of Finance and Administrative Services to 0. __ IL n.~ / adopt a resolution approving the transfer ofan additional $100,000 from the Land
~ l'f' Bank to the Civic Center Cultural Arts Space Project and appropriating an
iJ&_j ~-i) additional $100,000 from the Conservation Tru t Fun Contingency to the Project ~ STAFF SOURCE: Frank Gryglewicz, Director.
Pl ease 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 advance of when services are needed . Thank ou.
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Englewood City Council Agenda
August 1 5, 2005
Page 3
foreclosure activities of the Housing Rehabilitation Enterprise Fund. STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist.
12 . General Discussion:
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
14. City Attorney's Report.
a. Report on issues raised by Richard Raymond during the August 1, 2005 Council
meeting.
15. Adjournme/9:5~
The following minutes were transmitted to City Council from July 29 -August 11, 2005:
• Cultural Arts Commission meeting of July 6, 2005.
• Parks and Recreation Commission meeting of June 9, 2005.
• Planning and Zoning Commission meeting of July 19, 2005.
Please note: If you t:ave a disability and need auxiliary aids or services, ple..e nolifv lhe City of ~ewood
(303-762-2407) at least 48 hours In advance of when services are needed. Thank
PLEASE PRINT
NAME
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UllllOHDUL• ,uauc COMMENT 1
DATE:August15,2005
ADDRESS f'.;,,.+
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I. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
Replar Session
August 1, 2005
0.
The regular meeting of the Englewood City Council was called lo order by Mayor Garren at 7:32 p.m.
2 . Invocation
The invocation was given by Council Member Barrentine .
3. Pledge of Allepance
The Pledge of Allegiance was led by Mayor Garrett.
4 . RoUCall
Present:
Absent:
Council Members Tomasso, Moore, Banentine, Garrett. Bradshaw,
Wolosyn, Woodward
None
A quorum was present.
Also present: Acting City Manager Aahcrty
City Attorney Brotzman
City Ocrk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Directo.· l..ong. Library
Director Fonda, Utilities
Director Black. Parks and Recreation
Police Lieutenant Sanchez, Safety Services
Director Ingle, Information T cchnology
5. Consideration or Minuta of Previous Semon
(a) COUNCIL MEMBER WOLOSYN MOVID, AND IT WAS SECONDID, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 11, 2005.
Mayor Garrett asked if there were any commcn!S, discussion or corrections. There were none .
Vote results:
Motion carried.
Ayes: Council Members Barrentine. Moore. Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays: None
6. Recognition or Scheduled PubUc: Comment
(a) Englewood rcsidcn!S Kathlccn Walsh and her husband were scheduled to address City Council.
T hey were not present.
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(b) Richard Raymond said I formerly lived at 4644 South Lincoln Avenue. I think several people in
th is o ffice kno w me . Yo u, Dan Brotzman, for s ure. Beverly Bradshaw, you should and Mr. Olson, you should . In
November 2004 I requested an internal investigation of the Police Dcpanmcnt in Englewood. The subsequent seven
d ays I was pulled o ver fi ve times at gun point by the Englewood Police Department. not to be charged one time.
Yo u know what I am talking about Brotzman ... five times. My lawyers wrote letters to the City Attorney. Mr.
Olson, es pecially you, you know exactly what I am talking about. Beverly Bradshaw, I talked to you personally
a fter thi s inc ident and yo u promised me a fair and balanced investigation and I went, wow, a BiU O'Reilly fan . This
lady is going to do me right. You promised me an investigation, you would call me when it was complete and we
wo uld sit d o wn and we would discuss the investigation. You never called me and in my eyes that makes you
ano ther politician talking out of the s ide of your mouth and you are not welcome to talk to me through the rest of
this meeting. Thank you . February 21 , 2005 I filed a police rcpon about stolen guns at my house at 4400 South
Lincoln, excuse me, I'm a little nervous. The police took the rcpon, they walked into my house and said this is
obviously someone that you knew. They didn't steal anything else. I told them the guy's name and lady that lived
at that house. We looked up his record and he has five domestic charges against him, five drug chargcs ... onc he is
s pending six years in Arapahoe County jail for . That rcpon was handed over to a detective. Funny, I just checked
two weeks ago and my guns weren't even entered into the Alcohol, Tobacco and Firearms SIOlcn guns list. Moving
o n from February 21 M to February 2s•. I filed a harassment charge against Mark Luker at my house for threatening
me and his wife that lived there at the time. He was subsequently arrested . Three days later Mark Luker forced his
wife to change a restraining order in his name and jab me and two days later she filed a false repon against me and I
was arrested at 7 o 'clock in the morning on a Friday in Englewood. They told me I couldn't be seen in fron1 of a
judge until Monday because the docket w as full. So, I was held on a no-bond hold for three days. When I got out
that day. I came right here and I checked Friday on that coun docket. there were four pre-trial hearings scheduled.
There was no way in hell that you couldn 't get me in. That is because the City Attorney is in bed with Division
C hief Tho mas Vandcrmee. Three days after I got out of jail I filed a theft repon with Division Chief Vandermec
and he said he wo uld investigate my furniture that was stolen out of my house, which I brought in receipts and credit
c ard receipts in my name . On the police rcpon he claimed he talked to Ms. Luker and she claimed to have receipts.
I don't think a rookie out of the academy would take a theft report over the phone. It was only a matter of
discrediting Rich Raymond who jabbed the Englewood Police Dcpanmcnt. April 11 • Mark Luker went to
trial ... while he is on extensive probation out of Arapahoe County of awaiting seven year sentencing on IO ounces of
methamphetaminc which he had manufactured with his kids . The City Attorney gave that guy a deferred arrest and
threw hi s c ase o ut. I go t pissed and called hi s probation officer. The probation officer called the City Aaomcy's
o ffice and they lied about the date on Mr. Luker's coun date. They jerked me off for three months. I gave Dugan
Coope. o r "'li atever hi s name is. J"m sorry I don't remember and I am sorry that I'm upset, I gave him four
indivi dual people that te stified that she told them that she lied to the police about me and he refused to investigate
it. .. we ll the case wa s di smi ssed last week . This is disgusting. But when I was arrested the last time on March 1s•.1
ha d Serge ant Watson, who has pointed his gun at me now five times. standing six feet from my head shaking his
ha nd wi th hi s e yes ro lled bac k like a s hark, whe n I s ubmitted ... and you do with the Englewood Police ... he put his
ha nds o n me and shook me a bruptly to let me know he was in charge and he leaned over in my right ear with his
sco1ch stale breath and said "J got you this ti me, you son-of-a-bitch." Now, it is public record , is anybody going to
do thi s Mr. Mayor, this is on your wa tc h. You're the to p cop . l s so mebody going to stop this? I looked at the 18th
Judicial Circuit th is week and I am fi ling for the m to do an internal investi gation and I am demanding this Council
do an mtemal inves1igation. It is disgust in g in the City that a cop can be in bed with an anorney and you can cross
an mnocent ci tizen like that. T he prosecut ing a ttorney's claim was that I was a criminal too. The last thing on
Richard Raymo nd 's record was a DWAI 24 years ago .. .! was a 22 year o ld nitwit kid. I don't break the law and I
don 't apprecia1e bei ng treated like that. And yo u g uys know it , especially you, Beverly Bradshaw. you promised me
tha1 you woul d si t down and go over th at. .. yo u lied to me. Yo u arc no different than any other politician, Beverly
Bradshaw. and you know too. Dan Brotzman, a nd so d o yo u, Mr. Olson . Docs anybody else have any thing to say
to me? Is anybody goi ng to d o a nythin g?
Mayor Garrell said we will bring th is up . I guess, under Council Members Choice at the end. We don't get into
debates al thi s point in the meeting.
l\lr. Ra ymond said I don 't want a debate, s ir. I don't want cops pointina guns at innocent citizens, especially drunk
cop I kno-. wha1 an alcoholic 1s, r ve been one for 24 years o f my life . I j ust happen to be dry for the last 11
years. I lnow "hat an alcohoh · s shake 1s . And I know what a 45 is too and it is not comfonablc havin g it being
pointed at y,!ur head. e pcc1ally 10 s p11c . When I filed that theft report, I told Di vision Chief Vandermce , )'OU ca n't
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tell me those cops at my house didn't know who you were and he said, "you're god damned right they knew who
you were , I told them who you were." Whal am I supposed to believe with that? Sergeant Snyder was sitting right
there, he can lie for them too, like all the other cops have lied for uch other in the City, but I expected something to
be done from you guys. It is pathetic that a Police Department is run like this . I think my tirade is up .
Mayor Garrett said thank you very much. Mr. Raymond said thank you .. .I can get out of this town without getting
beat up or anything, right?
7. Recognition of Unscheduled Public: Comment
There were no unscheduled visitors.
8. Communications, Proclamations and Appointments
There were no communications, proclamations or appointments.
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading. (Sec Agenda Item 11 .)
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I), (II), (W), (Iv) and 9 (c) (I).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 32, SERIES OF 2005 (COUNCIL BILL NO . 32, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABll.ITATION
PROPERTY LOCATED AT 3596 SOUTH BANNOCK STREET IN THE CITY OF ENGLEWOOD,
COLORADO.
(ii) ORDINANCE NO. 33 , SERIES OF 2005 (COUNCIL BILL NO. 33, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT ''fHE
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.
(iii) ORDINANCE NO. 34. SERIES OF 2005 (COUNCIL BILL NO . 34, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT R)R FY05
MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM FOR TRAFFIC EQUIPMENT BETWEEN THE
DE VER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD,
COLORADO .
(iv) ORDINANCE NO. 35 , SERIES OF 2005 (COUNCIL BILL NO. 35, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEFN THE BOARD OF
COMMISSIONERS OF ARAPAHOE COUNTY. COLORADO. BY AND THROUGH THE ARAPAHOE
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COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER I, 2005.
(c) Resolutions and Motions
(i) The transfer of title and ownership of the Bookmobile to Douglas County Libraries for
the amount of $28,000.00.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
IO . Public Hearing Items
No public hearing was scheduled before Council.
11 . Onllnances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill
for an ordinance authorizing participation in the South Platte River Protection Plan. He said this is the final
ordinance that you need to pass as part of this South Platte River Protection Plan. This is where the federal
government was going to designate the River Wild and Scenic, and a number of entities got together and provided
an altemat;ve wherein we would contribute funds and do work on the South Plane River that would procect the river
in the fashion that the Forrest Service wanted. As part of this, they have formed a fund that we are now ap-ecing,
through this ordinance, 10 join the South Platte Enhancement Fund, a donor advised fund of the Denver Foundation.
The Denver Foundation exists to distribute funds and there is a Board of Directors from the entities that are
panicipating that will then direct how those funds are to be spent by the Foundation. This just establishes the South
Platte Enhancement Fund which is the fund of the Dcn~er Foundation.
Mayor Garrett asked if there were any questions for Mr. Fonda. There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM
11 (a) (i) • COUNCIL BILL NO. 24.
COUNCIL BILL NO. 24, INfRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR .AN ORD[NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
EST ABLISHJNG THE SOUTH PLA TIE ENHANCEMENT FUND· A DONOR ADVISED FUND OF THE
DENVER FOUNDATION BETWEEN DOUGLAS COUNTY, JEFFERSON COUNTY, SOUTH METRO
WATER SUPPLY AUTHORJTY. PARKER WATER AND SANITATION DISTRICT. CITY OF AURORA,
COLORADO SPRJNGS UTILITIES, CITY OF THORNTON. DENVER WATER AND THE CITY OF
ENGLE WOOD. C OLORADO.
Ma}or Garrell asked if there was any Council discussion . There was none .
Vote results :
Mou o n arr1cd .
Ayes: Council Members Barrentine, Moore, Bradshaw. Ganen. Wolosyn,
Woodward. Tomasso
ay : None
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(ii) Director Black presented a recommendation from the Department of Parks and
Recreation to adopt a bill for an ordinance authorizing an Intergovernmental Agreement defining joint responsibility
between the City of Englewood and Englewood Schools for care and maintenance of a Multiuse Recreational
Facility at Sinclair Middle School. He said this joint use agreement is between the City of Englewood and the
Englewood Schools. The site we are talking about is Sinclair Middle School. As you recall, we closed Sinclair pool
with the opening of Pirate's Cove. We had a community meeting that was hosted by the Englewood School Board.
We had City staff and school board members attend that meeting and the community wanted to return that site to its
natural area which was green space and we agreed to that. As pan of that agreement as well, wc put in an all
purpose court at Sinclair on the tennis coun. Council approved through the budget process funding to install at that
location, the teMis couns and a roller hockey rink . The first phase of that funding is in 2005. We plan to move
forward, doing the design and put the concrete in and then completing the project with Open Space Funds in 2006.
That site will be a full-sized roller hockey rink with bleachers and boxes and it will be an elite site. It will offer us
the opponunity to host programs that wc haven't hosted before. The School District will have first use during the
school day, but after the school day the Parks and Recreation Depanment will schedule that site in the evenings and
the weekends.
Council Member Bradshaw said will it be lighted? Mr. Black said no, not at this time . We will be getting a cost
associated with lighting that facility, but our plan is not to light it at this time .
Council Member Bradshaw said but there are lights there. Mr . Black said there are lights there, that is correct.
However, because of the size of the rink, ii will be larger than what is there and some of the lights are in the
middle ... those lights would not work . We would have to put a new system in .
Council Member Bradshaw said was this agreement drawn up by the Schools? Mr. Black said it was drawn up by
the schools and reviewed by the City Attorney's Office. We made several adjustments to it and the School Board
has approved this agreement.
Council Member Bradshaw said there are some typos there ... one is, outdoor regulation basketball court ... there
should be a comma ... an inline hockey rink with benches, player benches, etc . The other thing is there is already a
storage shed there ... it is funher north ... but do we want to build our own? There is a concrete storage shed to the
north . Mr. Black said wc are not building a storage shed, we are pouring concrete for the roller hockey rink. Ms.
Bradshaw said it says "a ponable storage shed" in this agreement. Mr. Black said on the site? Ms. Bradshaw said
yes .
Co uncil Member Woodward said "amenities shall include" ... maybe it means the storage shed is already there .
Co uncil Member Bradshaw said no, the storage shed is the Schools, so you are not going to use that, we arc going to
build our own. Mr. Black said no. what we will have is a temporary storage shed for the users of the sitc ... the
different teams that keep their equipment over there . Ms . Bradshaw said thank you .
Mayor Garrett asked if there were any other questions for Mr. Black.
Co uncil Member Woodward said under number 1. it says "all costs associated with the planning and construction of
the conc rete pad and recreation amenities ." ls there a budget number or do you have any idea what that cost might
be? Mr. Black said the tqtal cost of the project is about $273.000.00. Public Works has put that cost together. I
think it is in the range of about $50,000 .00 for design . It is our hope that wc can get the design completed quickly so
that we can al least get the concrete in. because if we can do that . then through the budget process wc are funded for
2006. then we will have the si te ready to go for the Spring of next year and wc will be able to have the spring season
and we won't miss another year.
Cou ncil Member Woodward said also. as I recall. in the community meeting. one of the priorities that was coming
up was an inline hockey rink . I know that just the feedback that I have gortcn from my son and a number of other
yo uth was that the rink over at Flood was pretty well used and it really was time for something a little larger and
omet hin g a linle better. Mr. Black said yes . it limited the use ... thc size of that.
Mayor Garrett asked if there were any other que tions for Mr. Black. There were none .
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COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (U) • COUNCIL BILL NO. 36.
COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORlZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT DEFINING JOINT RESPONSIBILITY BETWEEN THE CITY OF ENGLEWOOD AND
ENGLEWOOD SCHOOL DISTRICT'' FOR SINCLAIR BASKETBALL COURT AND INLINE HOCKEY RINK .
Mayor Garrett asked if there were any comments .
Council Member Wolosyn said I would like to add that on the face of it, I think it is a good usc of the Open Space
Funds in that it will reach a good segment of our population.
Council Member Bradshaw said the other thing is, I would encourage us to really seriously look at lighting, because
that is a very dark area and I think it would provide an opportunity for bcucr usc of that facility . Mr . Black said we
will look at that. Ms . Bradshaw said okay.
Mayor Garrett asked if there were any other comments. There were none .
Vote results:
Motion carried.
Ayes : Council Members Barrentine, Moore , Bradshaw, Garrett , Wolosyn ,
Woodward , Tomasso
Nays : None
Mayor Garrett said thank you Mr . Black .
(iii ) Director Olson presented a rccommcndation from the Safety Service& Department to
adopt a bill for an ordinance approving a Memorandum of Undcntanding with the Colorado Bureau of
Investigations regarding the Violent Criminal Apprehension Program. He said I am going to be hcrc for
Commander Byron Wicks who put this program together and has submitted the information.· Essentially, wc are just
asking for appro val of a Memorandum of Understanding with CBI so that wc can reinstitute the ViCAP Program.
whi ch is the Violent Criminal Apprehension Program which wc have used in the past, but this time the program bas
been kind of redone and now we are going through CBI as opposed to the FBI . We have two people b'ained on this
alread y and it allows us to co llect data, collate it. analyze it regarding really violent, serial offenders and we think it
is an excellent program . There is no cost to it. They said all it takes is thi s signed Memorandum of Understanding
and we are rea dy to go.
Ma yor Garrett asked if th ere were any questions for Direc tor Ol son. There were none .
C O UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a ) (Iii)· COUNCIL BILL NO. 37.
COU NCIL BILL NO . 37, INTROD UC ED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDlNAN CE AUT HORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
COLO RADO BUREA U OF lNVES TIGATION AND THE CITY OF ENGLEWOOD, COLORADO
PERTAINING TO THE VI OLENT CRIMIN AL APPREHENSION PROGRAM (ViCAP).
Mayor Garr ett as ked if th ere was any discussion or comment amo ng Counc il. There was none .
Vote res ults :
Ayes : Co uncil Members Barre ntine , Moore, Bradsha w, Garrett. Wolos yn.
Woodward, Tomasso
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Nays:
Motion carried.
Director Olson said thank you.
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(b) Approval of Ordinances on Second Reading
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(i) Council Bill No . 14, as further amended, approving amendments to Title 16, Chapter 6 of
the Englewood Municipal Code pertaining to Fences and Retaining Walls was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· ORDINANCE NO. 36, SERIES OF 2005.
ORDINANCE NO . 36, SERIES OF 2005 (COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, WHICH PERTAINS TO FENCES AND RETAINING WALLS .
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(c) Resolutions and Motions
(i) Director Black presented a recommendation from the Depanmcnt of Parks and
Recreation to approve, by motion. a contract with EDAW, Inc., of Fort Collins for professional services for the
development of a Parks Master Plan. He said when we receive the Open Space Funding, one of the keys in part of
the Open Space Funding, especially with the grant applications, is to show a plan that you have in place as to how
you plan on using that money . Currently, there is the Platte River Plan that is already in place an d the City has a
Comprehcnsi vc Plan. This Park Master Plan will review the existing facilities that we have here in Englewood and
it will do a needs assessment throughout the community, it will do a survey, it will coordinate with the Parks and
Recreation Commission, with various user groups of our facilities such as the Englewood Soccer Association and
the En glewood Youth Sports Association. It will map all of the data . It will malr.c a final recommendation to staff
and the Parks and Recreation Commission which will bring it to City Council. As part of that. there will be at least
ten different drawing conce pts put together of redesign or design of new facilities that we will bring forward. We
feel that thi s will help us in the long terms similar to what the 1997 Parks and Recreation Facilities Plan did which
kind of led the way with the renovation of the Recreation Center, the Malley Center and the building of Pirates
Cove . We think. that with the coordination of the other plans that arc in place. this will guide us for the next 10 to
15 years.
Mayor Garrett asked if there were any questions for Direct or Black. There were none .
COUNCI L MEMBER BRA.OSHA W MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT
WITH EDA W, INC., OF FORT COLLINS FOR PROFESSIONAL SERVICES FOR THE
DEVELOPMENT OF A PARKS MASTER PLAN.
Counci l Member Wolosyn said the scope of services. this is what we will all be participating in in the next month?
Mr. Bla ck said yes. that is correct. Ms . Wolosyn said I think it is very thorough . I was clicking off things in my
head. well what about. ... and sure enough I received an answer. Mr . Black said it is one of the most detailed scope
of services that I have dealt with in a number of years and it will take anywhere from 9 to 12 months to complete
this plan . M . Wolosyn said I appreciate that and can sec that. on our side, there must have been a lot of work going
into thi s ... very thoughtful.. .and I am glad the communit y will be so involved in the process .
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Mayor Garrett asked if there were any other questions or comments among Council.
Council Member Barrentine said no, I don 't think a lot of work went into just this, I think a lot of work has always
gone into it and you already have all of this and then you put it together, because the money is available. You guys
arc always doing a great job and have Parks and Recreation 's interest at heart.
Director Black said thank you .
Vote results:
Ayes:
Nays:
Motion carried .
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(ii) Director Olson presented a recommendation from the Department of Safety Services to
approve, by motion, a contract with Logistic Systems to upgrade dispatch hardware and reporting software. He said
Ms . Everhart, our Research and Technology Manager, has been working feverishly with o ur IT Director Don Ingle
and Nancy Reid from the City Attorney 's office on this . Essentially, what we are asking you to do is approve, by
motion, a new contract with Logistic Systems. They arc the primary vendor for our CAD system ... our records
management system for the Department of Safety Services . What happened was approximately a year ago the
Forfeiture Board approved funding to get a new field reporting system for the Police officers so that they can work
off of their in-car computers to actually do the reporting in the computer, download it and have all that done there
without having to come back to the station. During the process of all that it was discovered that, wilh the assistance
of the IT department again, we needed a significant upgrade on a lot of other collateral types of equipment and
software . So Mr. Ingle really researched us heavily and we have been working with Lopstic Systems back and forth
for months now and finally have come up with an agreement that mr:ets the &landards that we rcquiR here in
Englewood for contracts, especially on these technology related type issues. So we arc asking for approval, by
motion, to go ahead and approve the contract with Logistic Systems. The funding is there and again, it is not
coming out of the General Fund, it is coming out of Forfeiture Funds that reside with the Police Division primarily.
So that is the basis for it. You have a lot of information there and I would be happy to answer any questions as
needed .
Mayor Garrett asked if there were any questions for Director Olson.
Council Member Bradshaw said when would the implementation take place? Director Olson directed the question
10 Mr . Ingle .
Director Ingle said the project is in two phases. The first phase will upgrade the computer-aided dispatch records
management software that has been in place since, I believe, late 1997 . It is based on a very old platform that is
slowl y being de-s upported by IBM and moving to a Windows platform that is going to be less costly and more
efficie nt fo r th e whole system . That first aspect is to be implemented by the end of October. Then we will go into
the fi eld reportin g sys tem implementation, which
0
is dependent on the upgrade and that should be done by the end of
June. with a very detailed process in between 10 do field testing of the application .
Cou ncil Member Bradshaw said thank you .
Mayo r Garrell asked if there were any other questions .
Co uncil Member Woodward said I noticed there arc ongoing maintenance COSIS and upgrades of $7,190.00, I believe
is th e number here . Director Olson said $7 ,190.00.00? Mr. Woodward said yes, $7,190.00. Mr. Olson said
generall y I think it is go ing to be covered under our budget . Mr. Ingle said right. the upgrade of the CAD/RMS
Sys 1em replaces the current maintenance that the Safety Services Department pays for the system. It will actually be
lowe r, I be li eve, by about $3,000.00 a year. because we arc going off of proprietary IBM hardware. so the net effect
is a savin gs fo r us in 1erms of thal upgrade . Director Olson said we already have that funded in the Multi-Year
Ca pita l PrOJCC I so that ha been an ongoing funded item .
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Mayor Garrett asked if there were any other questions from Council.
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Council Member Bradshaw said so it will be active by June of next year? Mr . Ingle said actually the project
schedule, I believe, calls for it to be March of 2006. Ms . Bradshaw said that is what it looks like, okay. She said
thank you.
Mayor Garrett asked if there were any more questions. There were none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT
WITH LOGISTIC SYSTEMS TO UPGRADE DISPATCH HARDWARE AND REPORTING SOFrW ARE.
Mayor Ganett asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn,
Woodward, Tomasso
None
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Garrett said we received a very complimentary letter from Saving the Historic
City Ditch, basically praising all the people that supported and helped malr.e that project happen. I would like to
have this entered into the record.
(ii) Mayor Garrett uid I wanted to commend the Safety Services Department for all the hard
work you did on Tina's case that came to a conclusion with a conviction last weelr.. We Ir.now this was a troubling
time for all City employees and particularly Safety Services anu I would lilr.e to commend you for all the hard work
you did to make that happen. Thank you very much.
(iii) Mayor Garrett said I would like to ask the City Attorney's office ... Mr. Raymond has
raised several issues this evening, if you could prepare a report or a short written ROie for Council to allow us to be
able to understand that a little bit better, I would appreciate it.
(b) Council Members' Choice
(i) Council Member Barrentine:
I . She said I wanted to thank Chri s Olson and some of his officers for upgrading and repairing some bicycles
for a local wo men 's shelter. I thought it was very nice. A woman called me and was very grateful for their
in vo lve ment.
2 . She said also to echo the sentiment. I know Carol Chambers who was an investigator that came out at the
time o f that shooting and subsequently won the election for the J~vJicial is•. was very complimentary about working
w11h E nglewood. I, too, echo that sentiment that it was very difficult, out I'm glad it came to that conclusion .
(ii ) Council Member Bradshaw
I. She said I would like 10 move that we authorize the City Manascr t0 CIIICf illlO neaocwions with Miller
Wei ngarten Realt y .
COUNCIL MEMBER BRADSHAW MOVF.D, AND IT WAS SECONDm, TO AUTHORIZE THE
ENGLEWOOD CITY MANAGER TO ENTER INTO NEGOTIA nONS wtm MILLER WEINGARTEN
REAL TY REGARDING A RF.DEVELOPMENT PROPOSAL IMPACTING 111£ ENGLEWOOD GOLF
COURSE UPON RECEIPT OF A SIS0,111.10 NON-REnJNDAILE DEPOSIT.
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Englewood City Council
August 1, 2005
Page 10
Mayor Garren asked if there was any discussion .
Council Member Bradshaw said I want to compliment everyone involved in that meeting last Wednesday night. It
went over very well . I think the people there were genuinely interested and had some really good questions. We
had a meeting showing Concept D ... we had already gone through A, B and C ... of the proposal for moving the
Englewood Golf Course to the west and allowing Sheridan to redevelop some of the land along South Santa Fe.
There are many. many more negotiations that must take place before this, but I really appreciated the principal in the
Dye Golf Course Design Group for taking his time to come and present to the citizens. I think it went over very
well and I think the rest of the citizens need to be informed about what is going on.
Mayor Garren asked if there were any other comments.
Council Member Barrentine said I also wanted to say thank you for going ahead and asking for some additional
information on what the citizen has brought up about the Police Department I think anytime ... even when you've
got a really good organization, I've always &CCII them very willing to be introspective and to ask tough questions in
case there is anything that we should know about. I do appreciate you asking for that information.
Vote results:
Motion carried .
Ayes: Council Members Barrcntine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
(Clerk's DOie : This was listed as item 12 (b) (i) on the Agenda .]
2 . She said also I 1-1 additional copies of that Concept D 10 present to the Soulh Suburban Park Foundation
Board, because our bike trail goes right to the west of that development and they were c:oncemed II our meeting lut
Friday. She said I would also like the fact sheets that go with iL
(iii) Council Member Tomasso said I would like to thank the City of Englewood for all the
effort they put in on the car show and the sale. It wu a very e:ICilina time in the down town area and I even
wandered into a few businesses I didn't know were in my district. They were really surprisina. That was a good
time and everyone looked happy and the weather held .
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(iv) Council Member Woodward:
I . He said I want to second what Ray just said about the car show and the events of Saturday a week ago. In
talking to one of the merchants today, they had mentioned that they were busy within their stoR, and behind their
sto re , all day long. I think we will probably be seeing this car show next summer . Ms . Bradshaw said it wu fun .
M r. Woodward said it was great .
2 . He said I wanted to mention that this mark s my one year anniversary on Council and I wane to thank
ci ti ze ns. staff and rnembcno of Co uncil for all the suppon and assistance that I have been p-.
3 . He said the Sounds of Summer this week is the Colorado Honor Band which will be playin1 Thunday
n ig ht out at the amphitheater .
4 . He said to morrow evening is National Night Out and that is somethina that Enpwood ellCCls 11 .. .I think
no t o nl y in the State. but in the country, so if you have the opportunity to participllC and ao to a block pany. pleaae
d o . Thank you.
(v) Council Member Wolosyn:
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Englewood City Council
August 1, 2005
Page 11
1. She said I would like to address the Brian Mueller Golf Tournament contribution . I think we agreed to
purchase two foursomes and split it from our Discretionary Fund. Michael, is that still the case, arc we doing it that
way?
Assistant City Manager Flaherty said there may be some shortage in the Discretionary Fund, however, Council has
$1,000.00 in their Aid to Individuals or we could take this from the Contingency Fund as well .
Mayor Garren said how much was the foursome? Mr. Flaherty said I think they were $400.00 each. Ms. Wolosyn
said we don 't have $800.00 left? Mr. Flaherty said I think we can probably find the money in the budget. Mr .
Garren said isn't it $50.00 a person in the Discretionary? Mr . Flaherty said right. Ms . Bradshaw said per month so
that is $600.00 per year . Mr . Garren said you can have my $600.00 as I will not be using it. After further discussion
it was decided it would be taken out of the Discretionary Fund and they wanted to stress it was from all seven
Council Members .
[Clerk's note : This was listed as item 12 (b) (ii) on the Agenda .)
2. She said I just want to reiterate what I said in there. I really enjoyed working with the City Ditch group.
All of those people and our staff, I think we all worked together in a very positive manner to reach a good solution
for Englewood. I want to thank you Stu and also Bill McCormick.
13 . City Manqer's Report
Acting City Manager Flaherty did not have any matters to bring before Council.
14. City Attorney's Report
(a) City Attorney Brotzman said we have a request to enter into a Joim Dcfemc Agreement with
Aurora on one of our water cases . Actually, what they would like to do is help pay for our ,waler aaomey and help
pay mostly for engineering services for Joe Tom Wood . We have to do the study anyway, they arc paying our fees
for it so I am requesting that we enter into the joint agreement.
Mayor Garren asked if there were any questions for Mr . Brotzman . There were none .
COUNCIL MEMBER BRADSHAW MOVm, AND IT WAS SECONDED, TO ENTER INTO A WATER
ISSUE-JOINT DEFENSE AGREEMENT WITH AURORA.
Vote nsults:
Ayes:
Nays :
Motion carried .
15 . Adjournment"
Council Members Barrentine, Moore, Bradshaw, Gam:n. Wolosyn,
Woodward, Tomasso
None
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PROCLAMATION
WHEREAS, substance use disorders are a serious and treatable health problem, and as many as
sixty-three percent (63%) of Americans say that addiction to alcohol or other drugs has had an
impact on them at some point in their lives, whether it was the addiction of a friend or family
member or another experience, such as their own personal addiction; and
WHEREAS, because recovery from alcohol and drug addiction is possible and treatment is
effective, the challenge is to bring treatment to all who need it; and
WHEREAS, assessing our citizens' needs for addiction treatment and referring them to
appropriate treatment -and their family members to suppon services -is a crucial first step in
helping people realize that recovery is possible and treatment is effective; and
WHEREAS, barriers to accessing treatment programs that can help heal lives, families and our
community are a significant problem for our neighbors, friends, co-worker, and family members; and
WHEREAS celebrating individuals in recovery and saluting the health care providers who helped
them obtain treatment, educates our community about the benefits of treatment and affirms that.
such providers deserve adequate compensation for their services; and
WHEREAS, the U.S. Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration; and the Office of National Drug Control Policy; invite all residents
of the City of Englewood. Colorado to participate in National Alcohol and Drug Addiction Recovery
Month; and
WHEREAS. acknowledging September 21 )()5 as National Alcohol and Drug Addiction Recovery
Month offers individuals in the substance :ouse treatment community an opportunity to educate the
public and policymakers about the effectiveness of treatment, both societal and financial; and
WHEREAS, on behalf of the citizens of the City of Englewood, Colorado, I am pleased to
celebrate September 2005 as National Alcohol and Drug Addiction Recovery Month in the City of
Englewood, Colorado; and
NOW THEREFORE. I, Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby
proclaim the month of September 200S as :
NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH
in the City of Englewood, Colorado. 1 urge all of our residents to "JOIN THE VOICES FOR
RECOVERY: HEALING LIVES. FAMILIES AND COMMUNITIES" by supponing men, women
and yo uths who are in drug and alcohol addiction treatment and recovery.
Douglas Garrett, Mayor
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 15, 2005 9 a i Economic Development Commission -
Enterprise Zone Marketing and Administration
Grant -EDC #620
Initiated By: Staff Source:
Community Development Department Darren Hollingsworth,
Economic Development Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Community Development Goal: Initiate business retention, revitalization, and growth strategies.
Community Development Goal: Leverage City resources through grant funding.
City Council has approved previous marketing and administration grant contracts with the State of
Colorado -Economic Development Commission in support of the Arapahoe County Enterprise
Zone.
RECOMMENDED ACTION
Staff recommends that City Council adopt a Bill for an Ordinance accepting $12,500 from the State
of Colorado -Economic Development Commission (EDC). This grant will be used to fund
marketing and administration activities for the Arapahoe County Enterprise Zone. Additionally, a
portion of this funding will be used to pay for the maintenance and upkeep of
www.englewoodsites .com.
BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED
In 1990, the City applied to the State of Colorado and was granted Enterprise Zone status for a
majority of the industrially and commercially zoned property in Englewood. The South Broadway
corridor and CityCenter Englewood site received Enterprise Zone designation effective July 1, 1998.
The Enterprise Zone was also expan ded on November 6, 2001 to include the Englewood medical
campus including Swedish Medical Center and other surrounding businesses. The tax be-1,efits
during 2004 to Englewood businesses located in the Arapahoe County Enterprise Zone total
$621,709.34 in t ax credits through the State of Colorado.
The City of Englewood administers the Arapahoe County Enterprise Zone for the City's of Sheridan,
Littleton, and Englewood. The Economic Development Commission has a competitive grant
program for Enterprise Zones, which provides marketing and administrative support. This is the
10th consecutive year Englewood has applied for and received funding to administer and IYW'ket
the Arapahoe County Enterprise Zone.
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The Enterprise Zone marketing grant is used to support business retention and community
marketing activities. Marketing activities funded with this grant encourage businesses to take
advantage of Enterprise Zone tax credits and highlight the Englewood business community.
FINANCIAL IMPACT
The Economic Development Commission requires that the City provide matching funds to meet
grant requirements. The attached contract between the Economic Development Commission and
the City of Englewood pledges $12,500 in local matching funds to meet this obligation. These
funds are included in the Community Development departmental budget Grant and matching
funds will be used for a variety of Enterprise Zone marketing and administrative activities.
LIST OF ATTACHMENTS
Bill for Ordinance
Economic Development Commission -Contract -EDC#620
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ORDINANCE NO.
SERJES'OF 2005
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BY AUTHORITY
A JIII.LPOR
<XOICIL BIi.i. NO. 31
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE
STATS OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR
MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE.
WHEREAS, in 1990 the City of Englewood applied to the Colorado Department
of Local Affairs and was granted, Enterprise Zone status for a majority of the
industrially and commercially zoned property in the City of Englewood; and
WHEREAS, the State Economic Development Commission bas a competitive
grant program for marketing and administrative support of Enterprise Zones; and
WHEREAS, this is the tenth year in which the City of Englewood has applied for
and received such funding; and
WHEREAS, the Enterprise Zone is used in the City to initiate business retention,
revitalization and growth strategies; and
WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax
credits, an opportunity is created for businesses to strengthen operations through
reinvestment of these dollars back in their business; and
WHEREAS, the Colorado State Economic Development Commission requires that
the City provide matching funds to meet Grant requirements; and
WHEREAS, the Grant and related Agreement between the State of Colorado
Economic Development Commission and the City of Englewood pledges $12,500.00
in local matching funds to meet this obligation; and
WHEREAS, this Grant and the matching funds will be used for a variety of
Enterprise Zone marketing and administrative activities in the City of Englewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the State of Colorado, Economic
De ve lopment Commission, and the City of Englewood for a Grant of $12,500.00 to
be used for Enterprise Zone Marketing and Administrative activities, a copy of which
is attached hereto as Exhibit l, is hereby accepted .
Section 2. The Mayor and City Clerk are authorized to sign and attest said
Agreement for and on behalf of the City of Englewood .
Introduced, read in full, and passed on fint readina on the 15th day of August, 2005.
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Published as a Bill fo r an Ordinance on the 19th day of August, 2005.
ATTEST:
Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A. Ellia, City Clerk of the City of Ena)ewood, Colondo, 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 15th day of August, 2005.
Loucrishia A. Ellis
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EDC #§Zl2.
CONTRACT
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DIP-Oll-«:r-
EDA
THIS Contract, made this_ day of ~ by and between the State of Colorado
for the use and benefit of the Colorado Office of Economic Development, Economic Development
Commission ("E.D .C."), 1525 Broadway #1710, Denver, Colorado 80202, hereinafter referred to as the
State, and City of Englewood. 1 ooo Engi8WOOd Parj<way. Englewood. co 8011 o , hereinafter referred to
as the Contractor.
WHEREAS, authority exists In the Law and Funds have been budgeted, appropriated and otherwise
made avaHable and a sufficient unencumbered balance thereof remains available for payment In Fund No.
1fiL Approp. Code Org. Unit Contract Encumb. No. E6EDC820 : and
WHEREAS, requlrad approval, daaranca and coordination has bean accompllahed from and with
appropriate aganclaa; and
WHEREAS, the State daalraa to promote economic development In Colorado by aulstlng local
communltlal In expanding their economic base; and
WHEREAS,pursuantto24-46-101 to105,C .R.S .1987,theColoradoEconomicDeve1opmantFund
Is created, and is to be adminiatarad by the Colorado Office of Economic Development in the Office of the
Governor; and
WHEREAS, applications for distributions from the Colorado Economic Development Fund have
been received by the Economic Development Commission; and
...
WHEREAS, the Economic Development Commission has ntViewad and recommended to the
Governor that the project deacribad in this contract be financed with a grant, and
WHEREAS, the Governor has revi-ed the proposed expenditure of money from the Economic
Development Fund to finance the project deac:ribed in this con1ract; and
WHEREAS, the Contractor is an eligible recipient of Colorado Economic DeYelopmant funds;
NOW THEREFORE it is heniby agNNld that
1. Scope of Seryices. In conaideralion for the monies to be rec:ehled from the State, the
Contractor shall do, perform, and cany out. in uatllfacb y and proper manner,• detlrminad by the Stalll,
all wort< elements as indicated in the "Scope ol Servlcn", set forth in the Allachad Exhibit A. helainaftll
referred to as the "Project". Wort< pemlffflad prior to the execution ofthla Contract shall not be C0118iden1d
part of this Project.
2. Resoonsjble Administrator . The perfonnance of the wv1ce1 l'9qUired hereunder shall be
under the direct supervision of the employee or agent ol Contractor idantllled in the attached Exhibit A., who
is hereby designated as the administrator-in-charge of thla Project. Al..., time the adminiatrator-ln-charge
is not assigned to this Project. all wor1t shal be suspended untl the Contractor aligns a mutually
acceptable replacement administrator-in-charge and the State rec:eivea notification of such replacement
assignment
3. Time of P9fformance. This Contract shall become eff9ctive upon proper execution ol this
Contract. The Project contemplated Ml'9in shall commence u soon u p,adlcablol afllr the exeaitlon of
this Contract and shall be undertaken and performed in the sequence set forth in the "Tine of Perfarmanc:e"
in the attached Exhibit A. No Economic o.v.lopment Commission Funds p,ovldad under this contract wll
be expended prior ID the full execution of this connct. The Contractor l9'NI 11111 llme la ol the euenc:e
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in the performance of its obligations under this Contract, and that completion of the Project shall occur no
later than the termination date set forth in the "Time of Performance.•
4. Compensation and Method of Payment. The state agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed TWELVE
THOUSAND FIVE HUNDRED AND N0/1 QQ DOLLARS {S12,500}. The method and time of payment shall
be made in accordance with the "Payment Schedule" set forth in Exhibit A.
5. Accounting. At all times from the effective date of this Contract until completion of this
Project. the Contractor shall maintain property segregated books of State funds, matching funds, and other
funds 8l80Ciated with this Project. All receipts and expenditures associated with said Project shall be
documented In a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be
authorized by the State in an amendment to this Contract property executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown In Paragraph
4above.
a. Unless otherwise provided in this Contract. if Exhibit A provides for more than one payment
by the State, the initial payment set forth in Iha Payment Schedule shall be made as soon
as practicable after proper execution of this Contract. The Contractor shall Initiate all
subsequent payment requests by submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State.
b. The Contractor shall request the !!n.tl payment, which ls the amount withheld by the State
untll the Project is complete, for the Project by submitting to the contract monitor a detailed
cost accounting of all State funds received and expended towards completion of the
Project. Upon determining to its satlsfacllon that all funds received by the Contractor have
been property spent towards accomplishment of the Project. the State shaH promptly make
final payment to the Contractor.
c . Within ninety (90) days of completion of the Project. the Contractor shall submit to the
contract monitor a detailed cost accounting of expenditures of the final payment received
from the State. Any State funds not expended in connection with the Project shall be
remitted to the State at that time.
6 . Awfil. The State or its authorized representative shall have the right to inspect. examine,.
and audit Contractor's records. books and accounts, including the right to hire an independent Certllled
Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit mey
be called for at any time and for any reason from the effective date of this Contract until !Ive (5) years after
the date final payment for this Project is received by the ContractDr, provided that the audit is performed at
a time convenient to the Contractor and during regular business hours. Whether or not the State calls for
a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single llacal
year of the Contractor, the Contractor shall, at the conclusion of the Project. and in addition to any other
reports required, submit a report and auditor's statement of the Project account to the Economic
Development Commission . Such report shall be prepared in conjunction with Contractor's regul• yearly
audit, and must be submitted within six (6) months after the dose of the then current Contractor's ftscal year.
7 . Personnel. The Contractor represents that he has, or will secure at his own expense, unleu
otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work
and services required to be performed by the Contractor under this Contract. All of the services required
hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the
work shall be fully qualified and shall be authorized under State and local law to perform such HIVlces.
a. Termination of Contract fQ! Convenience of EHher Party . Either the State or the Contractor
may terminate this Contract at any time the party determines that the purpose of the Contract would no
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longer be served by completion of the Project. The party desiring to tenninata the Contract shall effect such
termination by giving written notice of tennination to the other party and specifying the effective data thereof,
at least thirty (30) days prior thereto . In that event, all ftnishod or unfinished documents and other materials
shaU, at the option of the State, become Its property. Contractor shall repay funds advanced and not
expended In accordance with the tenns of this contract. Contractor shall not be relieved of any obligations
to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience.
9.
a.
Termination ot contract tor cause: Repayment of Advanced funds
If, through any cauH, the Contractor shall faH to fulfill In a timely and proper manner Its
obligations under this Contract, or If the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract. the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such
termination and specifying the effec:tlve data thereof, at least five (5) days before the
effec:tlve date of such termination. In that event. all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, media contracts and reports or
other material prepared by the Contractor under this Contract shall, at the option of the
State, become Its property; and the Contractor shall be entitled to receive just and equitable
compensation for any satlsfactorywortt completed on such documents and other materials.
b. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the Contract by the
Contractor, and the State may withhold any payment to the Contractor for the purpose of
setoff until such time as the exact amount of damages due to the State from the Contractor
is detennined.
c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the
extent thay are not expended in accordance with the terms of this contract at the time of
termination .
10. Changes. The State may, from time to time, require changes in the scope of services of
the Contract to be performed hereunder. However, this Contract II Intended as the complete Integration of
all understandings between the parties at this time, and no prior or contamponlneoUs addition, deletion, or
other amendment hereto, including any lncreae or decre8le in the amount of monies to be paid to the
Contractor. shall have any force or effect whatsoever unless embodied In a written contract amendment
incorJ)oratlng such changes exearted and approved pursuant to the State's FIICIII Rules. Notwlth8tandlng
this provision, changes in the time of performance may be agreed to by letlar If IO provided for In Exhibit A,
and contractor may make adjustments of less than 10 percent In budget line Items as provided for In the
• Accounting" section of this Contract.
11.
a .
b .
c.
Conflict of Interest.
No employee of the Contractor shall perform or provide part-time servicet for
compensation , monetary or 0th.wise, to a consultant or consultant fl nn that has been
reta ined by the Contractor under the authority of this Contract.
The Contractor agrees that no person at any time exercising any function or responslbi lty,
In connection with the elements of this project that are financed with State funds, on behalf
of the Contractor shall have or acquire any peraonal financial or economic lntarest, direct
or indirect, which wUI be materially affedacl by this Contract, except to the extent that he
may receive compensation for his performance pursuant to this Contract.
A personal financial or economic: intarelt lncludea , but is not limited to :
I. any businea entity in which the perwon has a direct or Indirect monetary inllnst:
ii . any real property in which the person has a direct or lndnct monetary In.._
iii . any source of Income , loans, or gifts r9C8lved by or promlNd ID the peraon wilhln
twelve (12) months prior to the uec:utlon dalll of this Connet;
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iv. any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by
an agent on his/her behalf. by a general, limited, or silent partner of the person, by any
business entity controlled by said person, or by a trust in which he/she has substantial
interest. A business entity Is controlled by a person if that person, his/her agent, or a
relative as defined above possesses more than fifty percent (50%) of the ownership
interest. Said person has a substantial economic interest In a trust when the person or an
above-defined relative has a present or future interest worth more than One Thousand
Dollars ($1,000.00).
d. In the event a conflict of interest, as desaibed In this Paragraph 11, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to terminate the Contract
for cause, as provided in Paragraph 9 above. FaHure to Ille a disclosure statement required
by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by
the State.
12 . Subcontracts. Copies of any and ail subcontracts entered into by the Contractor to
accomplish this Project will be submitted to the Economic Development Commission upon request by the
State. Any and ail contracts entered into by the Contractor shall comply with all applicable federal and
Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions
therein to the contrary.
13. Severability. To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract. the terms of this Contract
are severable, and should any term or provision hereof be declared invalid or become inoperative for any
reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver
of any breach of a term hereof shall not be construed as waiver of any other term.
14. Binding on Successors. Except as herein otherwise provided, this agrwnent shall inure
to the benefit of and be binding upon the parties, or any subcontractors hereto, and their reepective
successors and assigns.
15 . Assignment. Neither party, nor any subcontractors hereto, mey assign its rights or duties
under this Contract without the prior written consent of the other party.
16. Limitation to Partlcylar Funds. The parties ·1wa1o expressly recognize that the Contractor
is to be paid, reimbursed, or oth-ise compensated with funds provided to the State for the purpose of
contracting for the services provided for herein, and therefore, the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under this Contract ant contingent
upor. receipt of such funds by the State. In the event that such funds or any part thereof .. not received
by the State, the State may immediately terminate this Connet.
17 . Minority Business Enten>rise Pa{tictpation. 11 is the policy of the State of Colorado that
minority business enterprises shall have the maximum practicable oppo,1Unity to participate in the
perfonnance of its construction grant contnlc:ts . The Contrac:tar agrNS to use ill best efforts to C111ry out
this policy to the fullest extent practicable and consistent with the efficient performance of this Contract. M
used in this Contract. the term "minority business enterprise" means a business. at least 50 percent (50"Jli)
of which is owned by m inority group members or, in the case of publicly owned businesses, at least 51
percent (5 1%) of the stock of which is owned by minority group memt>ers . For the purposes of this
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definition, minority group members a.-e Negroes or Black Americana, Spanish-speaking Americana, Asian
Americlwls, American Indians, American Eskimo: ::-.d American Aleuts. The Con1rac:tor may rely on wrttl8n
19Pf918'1tatlons by bidders, contractors. and IUbcontrac:lors regarding their stalua a minority enllrprisea
and need not conduct an Independent Investigation.
18. Ilul-The state agency, a purchaaer, la exempt from al federal exc:IM taxes under
Chapter 32 of the lntamal Revenue Code [No. 84-7301231() and from al stala and local government use
taxes [C.RS. 39-28-114(&) and 203, as amended]. Vendor la hereby nollfted that when materials are
purc:haNd for the benefit of the State, such exemptions apply except that In c:er1llln polltlcal subdivisions
(for example • City of Denver) the vendor may be required to pay sales or UN taxes even thought the
ultimate product or service la provided to the State. These sales or use taxes will not be reimbursed by tha
llllte.
19. lomll•c;tYII Prppertv. A. To the extent allowed by law
Contractor wHI Indemnify State for Its reasonably incurred legal expenses and wit defend or settle, at
ContradDr's option and expense, any legal proceeding brought against State, to the exta."lt that It la based
on a c:lalm that productll lnfrtnge a trade secret. trademartt, mask work, copyright, or patent Contrac:lor wlH
pay al such expenees, together with damages and costs awarded by tha court which finally delammaa the
case, or are incur.d In the settlement thereof. if State : (I) gtvea wrltt8n notlat of the claim promptly to
ContnldDr; (I) gives Contractor control of the defwtse and settlement of the c:lalm; (IU) provides to
. Contractor, at Contractor's expense, all avalabla Information and ...istance; and (Iv) has not compromised
or settled IUCh claim.
B. If produc:111 are found to Infringe, Contractor wll: (I) obtain for State the right to use such products; (U)
replace the products with non-Infringing products or modify the products IO that they become non-k11'rtnglng;
or, If nalther of these Altamatlves la reasonably avalable, (Bl) remove the Infringing products and rafund tha
price paid therefore.
c. Contractor has no obllgatlon under this Paragraph 19 for any c:lalm which,..... from: (I) use of pradum
In combination with any non-contractor provided equipment. software or dalll; (I) Ca,lllldar'a compllalice
with designs or specification of State; (Ill} rnodlflcallo,, of products olher than at Col ltnldllr's dlrec:lon; or (Iv)
use of an allegedly Infringing vWllon of products, If the alleged Infringement could be avoided by Iha use
of a dlfferant version made available to State.
20. Order of p[IICfdence. In the event of conflicts or lnc:onslanc:les between this contract and
Its exhibits or atlac:hmentll, such confflcts or lnc:onaialllncl shall be l'IIIOlved by ...,...ice to the doc:umenta
In the following order of priority: 1) Colorado Special Provisions, pages 8 to 7; 2) Contract. pages 1 to 5;
3) Exhibit A; 4) Any attachments to Exhibit A..
Page 5 of 7 Pages
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SPECIAL PROVISIONS
!For Use Onty !!ltb Ipter-GovernmmtaJ Contracts)
I. CONTROLLER'S APPROVAL CRS 24-30.202 (I)
ThiJ contract shall not be deemed valid until it hu been 111proved by the Con1n>ller of the Stale of Colorado or such aailtllnt u be nay
desipWe.
2. FUND AVAILABILITY. CRS 24-30.202 (5.5)
Financial obligations of the State of Colorado payable after the cumnt·liJCal :i--are COD!inp:nt upon fimda for that pu,po,e bein1
approprialcd, budaeced, and otherwise ffllde available.
J. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, saw, and hold hannlea the Stare apinlt any and all claiml, dlampa,
liability and cowt awarda includin1 COltl, expenNS, and aaomey fca inc:umd u a rault of any act or omiaion by the ConlnCUlr, or ita
employees, apnts, subconb"letOIS, or assignees punuant to the tams ofthiJ COlllrld.
No term or condition of this contnct shall be COllllnled or intapreled u a waiver, apraa or implied, of any of the immunities, rilhts,
benefits, protection, or other provisions for the parties, of the Colorado Go-ul 1.-nity Act, CRS 24-10-10 I d -,. or the Feder.I
Ton Claims Act, 28 U.S.C. 2671 d -,. u applicable, as now or hereafter ammded.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
1lll! CONTRACTOR SHAU. PEIU'ORM ITS DUTIES HEltEUNDl!R AS AN INDl!Pl!NDENT CONTRACTOR AND NOT AS AN EMPl.OYl!I!. Nl!l'THEll THE
eotmtACTOR NOR ANY AGENT OR EMPIDYEE OF THE CON'BACTOR SHAU. BE OR SHAU. BE Dl!EMED TO BE AN AGENT Oil EMPLOYEE OF T1II!
STA TE. CONnlACTOR SHALL PAY WHEN DUE AlJ. REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON AJolY MONIES
PAID BY THE STATE PURSUANT TO TlflS CONTRACT. CONTRACTOR ACICNOWLEOOES TIIAT THE CONTllACTOR AND ITS EMftDYEES All NOT
ENT1TtED TO UNEMPU>YMENT INSURANCE BENEflTS UNLESS THE CONTRACTOR OR 11IIRD PARTY PROVIDES SUCH COVERACil! AND l1IA TTHE
ST A TE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. <..oNTllACTOR SIIAI.L HA VE NO AuntOIUZA TION, EXPRESS OR IMPUED,
TO BIND THE STATE TO AJolY AGREEMENTS, LIABIUTY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SETfORTII Hl!RElN. CONTRAcrollSIIAll.
PROVIDEAND KEEP IN FORCE WORKERS' C0Ml'£NSATION (AND PROVIDE PllDOFOFSUCH 1NSURANC1! Wlll!N REQUESTm BY THE STA11!) AND
UNl!MPLOYMENTCOMPENSA 110N INSIJRANCE tN THE AMOUHrS REQtJlUD DYi.A W, ANDSHAIJ.Bl!SOU!LY Rl!SPONSIIIU FOa Tlll!ACTS OFT1II!
CONTRACTOR, ITS EMPLOYEES AND ACil!NTS.
S. NON-DISCJlJMINATION.
The contractor agrees to comply with the leaer and the spirit of all applicable -and federal laws rapectin1 diacrimimlioa and unfair
employment practices.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and reaullriona iuued iu-t tberao sbalJ be applied in the illlllr'plealion exeamoa, and
enforcement of thil contract. Any provision of thiJ connct, whetba or not ampo,lllld benia by ......_, which providel for
arbitration by any extra-judicial body or per..-. or which i1 ocberwiae in conflict with aid !awl, na1-. 111d ~ lhalJ be CODlidcnd
null and void. Nothing contained in any provision inc:oq,orm.l herein by rdnnce which purpona to neplll thiJ or any Olbcr special
provision in whole or in part shall be valid or enforceable or available in any action • law whelhs by -y of COffllllaint. defcme, or
otherwise. Any provision rendered null and void by the opention of this provision will not invalidall: the remainder of dlil COldna to
the extent thal the contract is capable of execution.
At all times durin1 the perfomwtce of thi s contract, the Contractor shall Slrictly adhere to all applicable federal and swe laws, rula, and
regulaiions that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION. Covenor's !Jtecadw Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, openlion or maintenance of computer software
in vi olation of United Swes copyright laws or 111plicable licensin1 reslrictiona. The Contnctor hereby certifies that. for the term ofthiJ
Contract and any extensions, the Conb'Xtor has in place appropriarc SyMaN and comrols to prevent such improper uae of public tlmda.
If the SWe determines that the Contractor is in violation ofthiJ panaraph. the Stare nay exercile any remedy available• law or equity
or under th is Contnct, includin1, without limitation , inwnediarc tenninuion of the ConlrlCt and .. y remedy consilll:nt with United$-
copyright laws or applir.:able licenlin1 reslrictions.
I. EMPLOYEE FINANCIAL INTEREST. CRS 24-11-201 & CRS 24-50-507
The si gnatori es aver tha1 to their lcnowledae, no employee of the Stare of Colorado baa 111y penona1 or beneficial intereat whmoever in
the serv ice or property dt:1Cribed herein .
Page 8 of 7 Pages
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SPECIAL PROVISIONS
THE PARTIES HERETO H6YI l!XECUJIP IHII CONTRACT
CONTRACTOR: STATE OF COLORADO:
ClTY OF ENGLEWOOD
PRE-APPROVED FORM CONTRACT REVIEWER:
Douglas Garrett, Mayor
CORPORATIONS:
AttNt (Seal) By (Carpcnll Secnlaiy-ar-Equivilini,....,....,.....,.-ar ... T~'"""...,._......,,,..,,,,.,.,.eiiiii=j-(Placl carparaa .................. ,
Loucrishia A. Ellis, City Clerk
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requlrN that the Stam Controller approve al ltatll con1ractL Thia contract la not valid unlll
the State Controller, or such ......_nt u he may deleptll. Ilea ...... It. The~ la not aulhorllad
ID begin performance untll the contnlc:t Is algned and datN below. • pe,fornaice bepw prior ID the dala
below, the State of Colorado may not be obllgatlld ID pay for the Foc1a encllor NMCM pnwtdecL
STATE CONTROLLER:
Lnflt M, Sblolfltl
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EXHIBITA
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC#620
ExHIBITA
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Protec:t Qucr;tptlon and Buvlrem,ots
The Project consists of providing the Contractor with matching funds for the promotion of economic
development in the Arapahoe County Enterprise Zone area. These funds shall be used for the
purposes of promotional activities that will market and advertise the advantages of locating a
business in the contractor's enterprise zone area, aeate a positive Identity for the enterprise zone
area, encourage retention and expansion of existing bullneues. promote redevelopment. expand
the region's tourism industry, attract new busineues, and generally enhance the economic growth of
the entarprtse zone area. Such activities shall indude the preparation, production, and/or distribution
of market research, printed materials, dinlc:t maff campaigns, print media advertising, trade show
promotions, special events, direct business prospect visi1atlon, and other dosely related activities.
No more than 25 percent of these funds may be used to pay for contractor's administrative or s1aff
costs.
Contractor may allocate funds to one or more subcontractors involved in promotion and economic
development activities in the enterprise zone . Contractor shall be responsible for ensuring and
documenting the expenditure of the required local matching funds by Contractor or by its
subcontractors.
The contribution from the Economic Development Fund under this Contract shall not exceed the
amount of local matching funds expended on this project or JWELYE THOUSAND EIYE HUNDRED
doHars {S12,500). whichever is less. All project costs in exc:eu of this amount wll be the
responslbillty of the Contractor. Contractor shall match E.D.C. funds used on this~ with at leut
a dollar-for-dollar cash match from local sources. Local expendlturN on enlllrprtN zone marketing
projects incurred prior to the effective date of this project but subsequent to Janualy 1, 2005, may be
counted toward the matching funds requltoment. provided that such expenditures have not been
used to meet other state contractual matching fund requirements.
The performance of the services required hereunder shall be under the direct supervl9ion of~
HoHlngsworth. an employee or agent of Contractor, who Is hereby designated • the admini-
strator-in-charge of this Project.
2. TJro• of Performance
The Project shall commence upon execution of th is Contract. The Contract wm expire on JMDf 30.
~ except that the Contract may be extended a maximum of 12 months subject to the mutual
agreement of the State and the Contractor. A request for extension by the Contractor shall be
submitted to the State at !east 30 days prior to the expiration of the Contract with a full justification for
the extension request.
EDC # 820 -Exhibit A
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3. IYmll1
REVENUE EXPENPJTUBES
E.D .C. Funds $12,500 Market Research, Publications, Adv!lfllalng, $18,750
Trade Shows, Web-Site Development.
Seminars, and Direct Marketing for the
Arapahoe County Enterprise Zone Program
Loc:al Funds 12,500 Zone Administration 8,250
TOTAL: $25,000 TOTAL: $25,000
4. PQmlDt SclJtdYlt
I. $5,000 lnltlal payment to be paid upon request by the contrac:IDr following the execution of
thil contract.
II . 6,500 Interim payments to be paid upon request and Iha submlsllon of proper
documentation of expendlturee of E.D.C. and local funds and Mn progreu.
Ill. 1,000 Final payment to be made upon satlafacllory completion of the Project. The
Contrac:IDr will submit a llnal llnanclal and namdlve report documenting Iha
expenditure of all E.D.C. funds for which payment ha been reques18d and of
matching loc:al funds.
$12,500 TOTAL
Requests for payment will be initiated by Iha Contractor In accardance with Iha provisions of
Paragraph 8 of Iha main body of this contract.
5. llonitprjnq
Colorado Economic Development Commlsllon staff will monitor this Project on an as-needed baala.
a. BtP9l1ID9 SsbtdYlt
The Contractor will submit an interim flnanclal and narrative report property docwnentlng al
expenditures of E.D.C. funds at the time lntertm payments ... requN118d. The Con1nlclar wll lUbmlt
a final ftnanc:lal status report property documenting al expendlturee of E.O.C. funds at the tlme ·the
llnal payment la requested, in accordance with Iha payment schedule.
EDC 1820 • Exhlllt A
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C BY AUTHORITY
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COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTEllGOVERNMBNTAL AOR.EBMENT
ESTABLISHING THE SOUTH PLATTE ENHANCEMENT FUND -A DONOR
ADVISED FUND OF THE DENVER FOUNDATION BETWBEN DOUGLAS
COUNTY, JEFFERSON COUNTY, SOUTH METRO WATER SUPPLY
AU1110RITY, PARKER. WATER. AND SANITATION DIS'l1UCJ', CITY OF
AURORA, COLORADO SPRINGS UTILITIES, CITY OF THORNTON, DENVER
1
WATER. AND THE CITY OF ENGLEWOOD COLORADO.
WHEREAS, the Englewood City Council approved the South Platte Wild and Scenic
River Review Participation Agreement in 1996; and
WHEREAS, the Englewood City Council approved the City's participation in the
South Platte Protection Plan in August 2004; and
WHEREAS, the Englewood City Council approved funding the South Platte Review
Project for $8,000 each year for three years in January 2005; and
WHEREAS, the original South Plate Wild and Scenic River Review project involved a
collaborative effort in providing comments to the Forest Service and other decision
making agencies regarding local governments' collective concerns regarding the ability to
protect the water supply and relevant functions of the North Fork and mainstream of the
South Platte River; and
WHEREAS, a record decision was reached in July, 2004 and numerous stakeholdera
developed an alternative to the Federal Wild and Scenic designation now known as the
South Platte Protection Plan; and
WHEREAS, the goal of the Plan is to protect and enhance the resources of the area at
the local level without federal designation, while preserving the role of the river in water
supply and maintaining sufficient flexibility in river management to accommodate
changes over time ; and
WHEREAS, by the passage of this Ordinance the Agreement Establishing the South
Platte Enhancement Fund of the Denver Foundation establishes the fund as an advised
fund; and
WHEREAS, the Englewood Water and Sewer Board recommended the City's
participation in the approval of the Agreement Establishina the South Plane
Enhancement Fund -A Donor Advised Fund of the Denver Foundation at their June I,
2005 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
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Sectjon 1. The intergovernmental agreement establishing "The South Platte
Enhancement Fund -A Donor Advised Fund Of The Denver Foundation," a copy of
which is available at the Englewood City Clerk's Office during normal business hours, is
hereby accepted and approved by the Englewood City Council.
Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule
Charter, the City Council has determined that this Ordinance shall be published by
title because of its size .
~ 3. The Director of Public Works is authorized to execute said Agreement for
and on behalf of the City of Englewood.
Introduced, read in full, and passed OD first reading OD the 1st day of August, 2005.
Published as a Bill for an Ordinance on the 5th day of August, 2005.
Read by title and passed on final reading on the Is•~ day of August, 2005.
Published by title as Ordinance No. __, Series of 2005, on the 19th day of
August, 2005.
ATTEST: Douglas Garrett, Mayor
Loucrishia A . Ellis, City Cleric
I, Loucrishia A . Ellis, City Clerk of the City of EnaJewoocl, Colorado, hereby
certify that the above and foregoing is a true copy or the Ordinance paued on final
reading and published by title as Ordinance No. __. Series or 2005.
Loucrishia A. Ellis
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BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BNTITLBD .. AOUSMBNT DBFININO JOINT RBSPONSJBW1Y BETWEEN
THE CITY OF ENGLEWOOD AND ENGLEWOOD SCHOOL DISTRICT" FOR
SJNa.AIR IABKBTBALL COURT AND JNLINE ROCICBY I.INlt. :
WHEREAS, the parties agree on the procedures for restoring the Sinclair pool site
area back to open grass area, maintaining the small parking lot and providing a basketball
court and inline hockey rink on the existing tennis court site; and
WHEREAS, Englewood City Council approved Arapahoe County Open Space Funds
for Phase One of the Sinclair Basketball & lnline Hockey Rink project through the 200S
Budget process; and
WHER,EAS, Arapahoe County Open Space Funds for Phase Two (inlinc hockey rink)
funds will be requested in the 2006 Budget; and
WHEREAS, passage of this Ordinance will authoriu the "A&fCCIDCDl Defining Joint
Responsibility Between The City of Eng1cwood and Englewood School District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of the City of Englewood, Colorado hereby authorizes
entering an intergovernmental agrccmcot entitled "Agreement Defining Joint
Responsibility Between The City Of Eng1ewood And Eng1cwood School District",
attached hereto u "Attachment l ", which pertains to the restoration of the former
Sinclair pool site.
Section 2. The Mayor and City Clerk are authorized to execute and attest said
lntcrgovcmmcntal Agreement for and on behalf of the City of Eng1cwood.
Introduc ed, read in full , and passed on first rcadina on the 1st day of August , 200S .
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Published as a Bill for an Ordinance on the 5th day of August, 2005 .
Read by title and passed on final reading on the I s•b day of August, 2005.
Published by title as 'Ordinance No. __, Series of 2005, on the 19th day of
August, 2005.
Douglas Garrett, Mayor
ATTEST:
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colondo, hereby
certify that the above and foregoing is a true copy of the Ordinance paned on final
reading and published by title as Ordinance No. __, Series of 2005 .
Loucriahia A . Ellis
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AGBIJMINI
DEFINING JOINT BUPQNS1BILQ'Y IIJWUN DI cm Of
JNGLJWOQD AND JNGLIWOOP SCBOQL DISTRICT
1bil Apeemcnt. daled and efl'eclive • of 2005, ii by 111d amoaa tbe
City ofl!qlewood, Colondo, a mmicipll c:arpcnlian, whole lddrm ii 1000 Engh,wood
Partway, Eqlewood, Colondo 80110; 111d die Eqlewood Scboola, Colorado, whole addraa ii
4101 Soudl Bmmoc:t Street, Englewood, Colondo 80110; to coopeam ill a Mulliule
Recratiom1 Facility to be loc:8led at Sinclair Middle ScbooL
1bil Apeammt ii to clarify die cue 111d millteMDce of sucb MultiUN R.ecreatioaal
Facility (Facility) wl IIIOCialed arneniriea loc:ated at Sinclair Middle School 300 W• Cbenaqo
Eqlewood, Colondo 80110.
1bele amenities shall include tbe concrete playiq surface, OUldoor repladoo babtball
court -iDline bockey rink with bencbei, player bendJa, portable -. shed 111d adjacmt
putillalot.
1bi1 Facility will be designod ill ICCOl'dance with tbe attachod Exlnlrit A.
~ part oftbis Agreement the City of Englewood qreea to be reapomible for.
1. All costs IIIOCialed with tbe plmming wl comtruction oftbe concrete pad wl
recnalioD mmaitia.
2. Oaaoin& milltenlDce llld repair of tbe nlClllllioaal ammitiea, pad surface wl
IUll'OUDdina fenciq./pll&
3. Scbeduliaa oftbe Facility a8mr school boun, weebnda 111d DIIIHCbool days.
Scbechdiaa paefeaence will be pwn to Sinclair Scbool studmdl.
'
4 . Routine min•,,.. e ofdle adjacea! pmm11 lot. (i.e. trllb ramoval, a,w
n=mova1, swcepina. llripins 111d minor podlole n,pair)
S. Scvellty peramt (70%) ofdle COit of capilal n,pair ofdle pmtilla lot., (i.e.
IUUCQnl repair, apbalt overlay, padaq curb n:pltcement).
~ part oftbis Apeemen! tbe &pewood Scboola sball be reapomible for.
1. Thirty peramt (30%) of die COit of capital n,pair of die pmtilla lot, (i.e. SlnldUnl
repair, apbalt overlay, pukiDa curb replacement).
2. Slormwamr UICI' Feea.
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3. Scbechding oftbe Facility durina lldlool boun.
IN WITNESS WHEREOF, the Parties baelD aw CIUled this Ap,e:ment 10 be signed 11
of the dale fint wri1lm above.
ATI'EST:
Loucrisbia A. Ellia, City C1erlt
CITY or DfGLIWOOD, COWRADO
a Duricipll CCllpOlmaa
By:
Title:
Douglas Garrett
Mayor
ENGLEWOOD SCHOOLS
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BY AUTHORITY
COUNCIL BILL NO. 37
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE COLORADO BUREAU OF INVESTIGATION AND THE Cl1Y
OF ENGLEWOOD, COLORADO PERTAINING TO THE VIOLENT CRIMINAL
APPREHENSION PROGRAM (ViCAP).
WHEREAS, the previous signed Memorandum of Understanding (MOU) bas been
reworded and updated to reflect current agreement between the City of Englewood
and the Colorado Bureau of Investigations regarding the Violent Criminal
Apprehension Program (ViCAP) program; and
WHEREAS, ViCAP is to facilitate cooperation, communication and coordination
between law enforcement agencies and provide support in their efforts to investigate,
identify, track, apprehend and prosecute violent serial offenders; and
WHEREAS, in 1985 the Federal Bureau of Investigations developed and ran the
ViCAP program; however, the current program is run by the Colorado Bureau of
Investigations (CBI); and
WHEREAS, the ViCAP program is the state-of-the-art behavior-based crime
analysis tool which bas been designed and structured to address violent crime problems
impacting law enforcement agencies; and
WHEREAS, ViCAP is available free of charge to any, agency willing to become a
part of this effective network of crime analysis; and
WHEREAS, ViCAP will allow law enforcement agencies to collect, collate and
analyze their own violent crime information on a local level and to assist in
identifying similar cases on a regional, state or national basis; enhancing crime
analysis for specific violent crimes, including solved and unsolved homicides, missing
persons, unidentified bodies and sex assaults;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby
authorizes the Memorandum of Understanding between the Colorado Bureau of
Investigation and the City of Englewood, Colorado pertaining to the Violent criminal
Apprehension Program (ViCAP), a copy of which is marked as "Exhibit A" and
attached hereto.
Section 2. The C ity Manager is hereby authoriud to sign said Mcmonndum of
U nderstandi ng between the Colorado Bureau of Investigation and the City of
Englewood, Colorado pertaining to the Violent criminal Apprehension Propam
(ViCAP) on behalf of the City of Englewood.
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Introduced, read in full , and passed on first reading on the 1st day of August, 200S .
Published as a Bill for an Ordinance on the Sth day of August, 200S .
Read by title and passed on final reading on the I s•b day of August, 200S.
Published by title as Ordinance No. __, Series of 200S, on the 19th day of
August, 200S.
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.
Loucrisbia A. Ellis
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~ --EJU!CIJTW CIIIETOII ~--c--"'-,_., c.--':fPcia or ......__
.......,..,., .. ,,..Si--,
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COLORADO
DEPARTMENT
Colorado au .... ot~
Robert C . eantw.l, Olrectar
OF PUBLIC SAFETY
MEMORANDUM OF UNDERSTAl'IDING
Betwemthe
Colorado Bureau of Investigation
aadtbe
Engie,rood Police Department
Purpose:
To establish a working framework between the Colorado Bureau of investigation (CBI),
and Englewood Police Department (the law enforcement agency, abbreviated LEA), in
order to coordinate the collection analysis, and dissemination of information relating to
violent crimes within the respective jurisdiction and the timely forwarding of
information collected by the LEA via the ViCAP Crime Analysis Repon form to the
CBI Both the LEA and the CBI share the common goal of identifying patterns and/or
similarities among violent crimes, which have been committed by the same offcnder(s),
and reported to the respective programs. This information will be used to facilitate and
coordinate investigative interactions within and between agencies and jurisdiction
victimized by the same offcndcr(s). By accomplishing this goal the solution of these
crimes can be greatly enhanced by pooling the resources and information of what would
most probably be and remain independent, parallel and separate investigations
altogether.
Articles:
A. Acknowledgment and Limitation of ReJatiouh.ip of the Law Enforcement
Agency to the Color.ado Buresa of Investiption ViCAP Office. · ..
The LEA acimowi~ the CBI as the most iogic:u resource to identify !)llttcrns and/or
similarities among violent crimes which occur in aad around the Swc of Colorado. The
CBI will !'ac.Iitatc submissions Em Colorado law c:nforce:ncnt agencies wishing to
:nc!ude their dam in the CBI dambase. The GI will serve as the poim oi comact forthc
ViCAP program in Colorado. and 3S a liaison betwec:i I.E..o\s and me F3r3 ViCAP
program. In no insunce will the CBI deny :my request for direct service or 3SSisumce
which it is authorized by SWUte to provide tO :my law enforcement agency. The LEA
may utilize ViCAP the software program for whatever administrative, investigative, :ma
reporting process it deems necessary to enhance itS ability t0 address violent crime issues
impacting its jurisdiction.
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B. Data Collection Instrument
The LEA agrees to use the web-based ViCAP Crime Analysis Report Form which will
serve as the nucleus of the LEA data collection instrument To that end. the CBI agrees
to provide to the LEA upon request, all software, instructions, and training necessacy to
meet the LEA data collection needs. The LEA or CBI may append a supplemental
instrument to the ViCAP Crime Analysis Report form fur the purpose of collecting
additional information pertinent to the analysis of violent crimes which is deemed
necessary by the LEA or the CBI to accomplish its mission.
The CBI agrees to provide the personnel necessary to administer the program, load data,
and analyze those cases occwring within the State of Colorado. Other Colorado agencies
working with the CBI may contnbute whatever resources necessary to fulfill this
obligation.
The LEA agrees to enter all current year homicides ( open and closed), missing persons
(still missing) where foul play is suspcctcd, and unidentified dead via the ViCAP web-
based program. The LEA also agrees to enter ViCAP reports on all open homicides fur
the past ten ( IO) years. Nothing in this memorandum of ~ (MOU) sball
preclude or prohibit the LEA from submitting any open cases that meet the criteria fur
submission to VICAP, or any open homicide cases closed by arrest where there is a
poSS1bility that the oficndcr may have committed other homicides.
The LEA assures that they will continue to enter data into ViCAP until such time as
either party terminates this MOU. At such time as the MOU is tenninated, all ViCAP
related materials, software, instructions, report booklets, etc., will be surrendered to the
CBI at the LEA's expense.
C. T ecllaical Assistuce
To facilitate the coordination and companbility between the LEA and the CBI, the :srs
ViCAP Office agrees to provide the appopriate 90ftware program necessary to operate
your respective program responsibilities as outlined in the MOU .
The CBI ViCAP Office agrees to provide assismocc in the i.mmllat:ion of the ViCAP
appiic:nion; tr:WUDg in the Syslall to IDCiuae <ma emry, dara trammission, and
elcmcnwy inquiries.
Tne CBI agrees :o furnish continued upciaJ= as the system in cnbauc:es or modified.
Le.-\ agrees ,o use the most rccem version oftbe ViCAP softwue.
In order that ViCAP mav coordinale the disseminar:ion of current and/or future cnbaN:CS
software to any law cnforc:mcm :sgency and u, secure or modify MOUs wi1b such
agencies. the LEA will ensure the software fumisbcd to the LEA may not be reproduced.
disseminated. accessed by :my other agency or unamborized persons without the prior
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authorization and concurrence of the CBI Director. Software conveyed to the LEA will
remain the property of the CBL
D. Timeliness of LEA submission to ViCAP
Time is of the essence in the identification of patterns and/or similarities and the possible
solution of violent crimes. Therefore, the LEA agrees to enter all crime information into
the web-based ViCAP system within five working days of the receipt of such data as
collected by the LEA For cases meeting the FBI's criteria for submission, the CBI
ViCAP Office must be notified within the same timeframe for upload to the FBI ViCAP
database.
Cases submitted to CBI in rare instances of urgency when the LEA is not web-enabled
and trained will be handled in the following manner. The LEA will request a
transmission form from the CBI ViCAP Office and will include the completed form with
the submission of the LEA's photocopied case to the CBI for entry into ViCAP noting
the requested disposition. Once received by the CBI ViCAP Office, the
acknowledgement of receipt will be completed and returned to the submitting LEA.
Upon completion of case entry into ViCAP, the case will be archived with the request for
entry unless otherwise requested by the LEA If noted on the tnumnission form, the LEA
can request the case be (1) shredded upon completion, or (2) picked up by the LEA on a
specified date and time.
L Confidentiality
Both the LEA and the CBI agree that case information should be bandied in a
confidential manner and that LEA bas an expc:cw:ion of privacy. To that end, the
Attorney General of the United States bas exempted the ViCAP system from subsections
(cX3), (d), (eXI), (eX4XG) and (H), (f) and (g) oftbe Privacy Act pursuant to s u.s.c.
ss2a GK::!) and (k)(2).
CBI dissemination of information obtained from another agency and contained in the
ViCAP Crime Analysis Repon must be companble with the purpose and intent for which
the information was originally collected.. In no case shall that information be shared with
any other pc:-soo or agenc:1 , with the exception ofreguiar empioyees oftbc CBL without
the ~:q,rcssed and i.nionned consent of.he agency making the origmal submission of.bat
infonnation. In 11c :vent of :i possible link between or among two or more cases. the
agency name. c:ise investigaror':. name. the c:ise i.nvcstigamr' > teicpilone ~. the
agency 's c:ise number :md the victim 's name for each ~.arcd case :nay be provided to
=ch. ,nvestigamr involved in the .:asct.s) in accordance with the pro vi sions of Article F
below.
F. Coordination of~olificatioa of Pcmibly Related C...
The :.EA shall make no notification regarding possibly relased ;:ascs which have been
submmed to Vi CAP without first notifying the CBI of findings 311d ,ntent to :ionfy the
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concerned agencies. This requirement of notice sball not. however, prevent the LEA from
subsequently notifying the concerned agencies whether or not aareeme,nt exists as to the
validity of the tentative case associations. The notification is to serve as a means of
coordinating the activities of both the LEA and CBL
G. CBI/LEA Joint/Coordinated TraiJaia&
CBI and LEA shall provide, subject to budgmly and other resource coastiaints. joint
and/or coordinated training to law enforcement personnel for the purpose of advisiq
participanlS of tbe ex:istcnce and coordiDation of the respective progmms as well as their
operational requirements BIid benefits.
Gary Sears, City Manager
Printed Name
Signature
Chief~ Of6ccr
Englewood Police Depmtmant
Robert Cantwell -Din;ctgr CBI
Printed Name
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COUNCIL COMMUNICATION
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Date: Agenda Item: Subject:
August 1 5, 2005 11 a i Arapahoe County Open Space IGA
Initiated By: Staff Source:
Community Development Mark Graham, Senior Planner
PREVIOUS COUNCIL ACTION/COUNCIL GOALS
• On July 21, 2003, Council approved the South Platte River Open Space Plan as an element
of Roadmap Englewood: 2003 Englewood Comprehensive Plan.
• Council approved the 2005 Open Space budget as part of the Multi-Year Capital Project
budget
• On January 14, 2005 Council approved the Intergovernmental Agreement {IGA) to
participate in the Arapahoe County Open Space Shareback program that provides the
match funding for the~ project.
• The project supports two Council Outcomes:
1. Providing and maintaining quality infrastructure.
2. Providing diverse cultural, recreational and entertainment opportunities.
RECOMMENDED ACTION
Staff recommends that Council approve a Bill for an Ordinance for Englewood to enter an Inter
Governmental Agreement {IGA) with Arapahoe County for the purpose of constructing
improvements to the Mary Carter Greenway as per the grant application accepted by Arapahoe
County Open Space and Trails Board.
BACKGROUND AND ANALYSIS
The 2003 South Platte River Plan iden tified trail projects that add capacity and improve the quality
of the recreation experience. The Mary Carter Greenway Expansion project is a good example of
that co mbination.
The 2005 Open Space budget included $350,000 of match funding for grants and a prioritized
project list for implementing the South Platte River Plan, including the ·Greenway crusher fines
extension,• and the "Buffer pedestrian/bike trail from streer projects. They were combined and
dubbed the Mary Carter Greenway Buffer and Expansion project which will build an eight foot wide
c rusher fine path a few feet west of the exi ting concrete trail from about Girard Avenue (city limits)
north to Dartmouth Avenue. North of Dartmouth, the existing concrete trail wiU be widened with
about six additional feet of concrete . There was insuffkient right-of-way width to continue the
c rusher fine trail to th e north city limits at approximately Bates Avenue . In the crusher fines trail
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segment, living ground cover and trees will be planted and a guard rail installed. In addition, there
will be signs encouraging #hikers~ to use the crusher fine trail and Mbikers• and other wheeled trail
users to use the concrete. Signage will be installed that acknowledges South Suburban for
maintaining the trail, and Arapahoe County Open Space and the City of Englewood for their roles in
providing the trail improvements.
FINANCIAL IMPACT
The project cost estimates, based on preliminary engineerin& are $382,250. Englewood is
providing $164,720 of match funding for a $217,530 grant from Arapahoe County.
ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
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AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT
AOREEMBNT BETWEEN THB Cl1Y OF ENGLEWOOD, COLORADO AND THE 1
BOARD OF COUNlY COMMISSIONERS OF ARAPAHOE, STATE OF
COLORADO PERTAINING TO 11IE MARY CARTER GREENWAY EXPANSION ·
AND BUFFER.
WHEREAS, in November 2003 the voters of Arapahoe County approved a
county-wide sales and use tax to be used for specified Open Space purposes as set for
the in County Resolution No. 030381; and
WHEREAS, County Resolution No. 030381 authorized the County to award
grants to funds from the Open Space Sales and Use Tax ("Grant Fundsj to be
distributed to municipalities; and
WHEREAS, the City of Englewood submitted an application for the award grants
of funds from the Open Space Sales and Use Tax ("Grant Funds'') to be distributed to
municipalities; and
WHEREAS, the City of Englewood bas been awarded an Arapahoe County Open
Space Program Grant in the amount not to exceed $217,530.00 for the Mary Carter
Greenway Expansion and Buffer (''Grant Project''); and
WHEREAS, this Ordinance will authorize the Intergovernmental Grant
Agreement between the Board of County Commissioners of Arapahoe, State of
Colorado and the City of Englewood for the Mary Carter Greenway Expansion and
Buffer;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The Intergovernmental Grant Agreement between the City of
Englewood, Colorado and the Board of County Commissioncn of Arapahoe, State of
Colorado for the Mary Carter Greenway Expansion and Buffer, attached as
"Attachment I ", is hereby accepted and approved by the Englewood City Council.
A copy of Exhibit A (the Grant Application}, to Attachment 1
(the Intergovernmental Agreement}, is available in the Office of the Englewood City
Clerk.
Section 2. Punuant to Article V, Section 40, oftbc Englewood Home Ruic
C harter, the City Council has determined that this Ordinance shall be published
without exhibits because of its size. A copy or those exhibits are available in the
Office of the Englewood C ity Clerk.
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~-The Mayor is authoriz.cd to execute and the City Clerk to attest and seal
the Intergovernmental Grant Agreement for and on behalf of the City of Englewood,
Colorado.
Introduced, read in full, and passed on first reading on the 15th day of August, 200S.
Published as a Bill for an Ordinance on the 19th day of August, 200S.
Douglas Oarrett, Mayor
ATTEST:
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby c:e11ify
that the above and forcaoina is a true copy of a Bill for an Ordinlnce, introduced, raid in
full, and passed oa fmt rcadina on the 1Stb day of Au,ust. 2005.
Louc:rilbia A. EDia
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INTERGOVERNMENTAL AGREEMENT REGARDING
2005 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: MARY CARTER GREENWAY EXPANSION AND BUFFER
This Intergovernmental Agreement (" Agreement''), is made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State of Colorado (the "Grantee'').
WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county-
wide sales and use tax to be used for specified Open Space purposes as set forth in County
Resolution No. 030381; and
WHEREAS, Resolution No. 03038 l authorizes the County to award grants of funds from
the Open Space Sales and Use Tax ("Grant Funds'') to be distributed to municipalities, as mon:
fully set forth tbcrcin;
WHEREAS, on May 31, 2005, the County approved the Grantee's Project Application,
which is attached hereto and incorporated by refcrcncc herein as Exhibit A, ("Project
Application''), subject to the execution of an intergovernmental agreement and subject to the
terms and conditions contained herein; and
WHEREAS, the County desires to enter into intergovernmental agreements, as a
condition of grant approval, with such municipalities and special districts that have been
approved for grants from the County; and
WHEREAS, these intergovernmental agrccmcncs arc authorized by Article XIV, Section
18 of the Colorado Constitution and COLO . REv. STAT.§ 29-1-203 (2004).
NOW, THEREFORE, the County and the Grantee apec u follows:
1. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the
amount not to exceed $217,530.00 from the Anpaboc County Open Space
Program for the Mary Carter Greenway Expansion and Buffer ("Grant Project").
2. Use of Grant Funds . The Grantee agrees that it shall only use the-Grant Funds
for the Grant Project, as set forth in its approved Grant Application, which is
attached hereto and incorporated by reference herein as Exhibit "A".
3. Jjmc For Use of Grant Funds. The Grantee aarecs that such Grant Funds will be
expended by no later than one year from the date of this Apecmcnt, unlcsa a
longer period of time is otherwise apced to by the County in writing.
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4. Interest on Grant Funds. The Grantee further agrees that, after receipt of its
Grant, the Grantee will use any interest earned on the Grant only for the Grant
Project as set forth in its approved grant application.
5.
6.
Administration of Grant Project. The Grantee shall be responsible for the direct
supervision and administration of the Grant Project The County shall not be
liable or responsible for any cost overruns on the Grant Project. Nor shall the
County shall have any duty or obligation to provide any additional funding for
the Grant Project if the Grant Project cannot be completed with the amount of
Grant Funds awarded by the County to the Grantee.
Grant Project Site Visits. Upon 24 hours written notice to the Grantee,
the Grantee agrees to allow the County to make site visits before, during, and/or
at the completion of the Grant Project
7. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the
County as a contributor to the Grant Project in all publications, news releases and
other publicity issued by the Grantee related to the project and agrees to allow the
County to do the same. If any events arc planned in regard to the Grant Project,
the County shall be acknowledged as a contributor in the invitation to such events.
Grantee shall cooperate with the County in preparing public information pieces,
providing photos of the Grant Project from time to time, and providing access to
the Grant Project for publicity purposes.
8. Required Sign at Project Site. Grantee agrees to erect at least one sign in a
publicly visible area in recognition of the grant from the Arapahoe County Open
Space Program. The location, form, design, and wording of such sign shall be
approved by the County. Such sign shall be crcctcd prior to the completion of the
Grant Project or its public opening, whichever is the earlier.
9. Report Rcgujrements. On or before December 31, 2005, the Grantee agrees to
provide the County with an annual update report that describes the amount of
progress in completing the Grant Project, Grant Project milestones, and the usc of
the Grant Funds to date. Upon completion of the Grant Project, the Grantee also
agrees to submit to the County a final report, including a letter that certifies what
the Grant Funds have been used for and that the Grant Funds have been used in
accordance with County Resolution No. 030381. In addition to the final report,
Grantee shall also submit to the County a final project summary that discusses the
Grant Project and includes photographs of the various stages of the Grant Project
development, including a photograph of the Grant Project at the time of
completion . The County shall be allowed to usc the above photographs in
publications, public information updates, and on the County web site. The
Grantee further agrees to provide the County with an electronic copy of the final
report and project summary along with digital photographs.
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10. Failure to Submit Regujred Reports. Upoirwri~ notice from the County's Open
C Space Manager, infonning the Grantee that it bas failed to submit any required
annual update report and/or final report, the Grantee shall submit such reports to
the County through the County's Open Space Manager within thirty (30) days,
and, if it fails to do so, the Grantee shall be deemed to be in violation this
AgrecmcnL The Grantee shall be ineligible for any future Grant Funds, until and
unless such reports have been submitted to the County's Open Space Manager. '
11. R.g:ord Keeping Requirements. The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its supervision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall have reasonable access to any books, documents, papers, and
records of the Grantee which arc pertinent to the Grant Project for the p1UpOSC of
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making an audit, examination, or excerpts. The Grantee shall keep all books,
documents, papers, and records, which arc pertinent to the Grant Project, for a
minimum of three years.
12. 8sioJbur1erPePt of Grant Fmada The Grantee understands and agrees that if the
Grant is not used in accordance with its approved Grant Application and/or this
Agreement, the County may require the Grantee to reimburse the County in the
amount of such Grant Funds that arc not used for the Grant Project.
13. Ren)edies, The rights and remedies of the County as set forth in this Agreement
shall not be exclusive and are in addition to any other rights or remedies provided
bylaw.
14. No Waiver of Rights. A waiver by either party to this Agreement oftbc breach of
any tcnn or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either party.
15. Changes to Grant Project. The Grantee agrees and undcnlands that its Grant
Project, once it has been approved by the County, may not be changed without the
County's prior approval. Changes must be requested in writing and may not begin
until an amendment to this Agrccmcnt bas been approved by the County.
16 . Tomsfer of lntqest in Grant Project. The Grantee understands and agrees that no
land or interests acquiml with the Grant Funds u part of the Grant Project may
be sold, leased, traded, or otbcrwisc conveyed, nor may an exclusive liccnsc or
pcnnit on said land or interests be given, without prior approval of the Grantee's
governing body after conducting a public hcariJll. The Grantee further aarees if
such sale, lease, trade or conveyance is made or an exclusive liceme or interest
has been given, the proceeds shall be deposited in an open space f\md to be used • • for purposes consistent with Resolution No . 030381 .
17. Rclatioosb iP or the Parties. The Grantee shall perform all dutia and obliplioas
C unde r th is Agreement as an independent contractor and shall not be deemed by
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virtue of this Agreement to have entered into any partnership, joint venture,
employer/employee, or other relationship with the County.
18 . No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any third part-;, including, but not limited
to, any agents or contractors of the Grantee.
19. Severabiljty. Should any one or more provisions of this Agreement be determined
to be illegal or unenforceable, all other provisions nevertheless shall remain
effective; provided, however, the puties shall forthwith enter into good faith
negotiations and proceed with due diligence to draft a provision that will achieve
the original intent of the parties hereunder.
20. Written Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part, only by written agreement duly authorized and
executed by the County and the Grantee.
21. ygaye. Venue for the trial of any action arising out of any dispute hereunder shall
be in Arapahoe County District Court, pursuant to the appropriate rules of civil
procedure.
22. ~ Notices, as referred to in this Agreement, shall be sent to:
COUNTY: Board of County Commissioners of Arapahoe County
5334 South Prince Street
CITY:
Littleton, Colorado 80166-0001
and
Arapahoe County Attorney
5334 South Prince Street
Littleton, Colorado 80166-0001
and
Arapahoe County Open Space Manager
Arapahoe County Public Worb and Development Oepanmcnt
I 0730 East Briarwood A venue, Suite I 00
Centennial, Colorado 80112-3853
and
City of Englewood
I 000 Englewood Parkway
Englewood, Colorado 80110
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and
Daniel Brotzman, City Attorney
City Attorney's Office
1000 Englewood Parkway
Englewood, Colorado 80110
23. AppJjcable Law, This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
24. Extent of Agreement. This Agreement constitutes the entire agreement of the
parties hereto. The parties agree that there have been no representations made
regarding the subject matter hereof other than those, if any, contained herein, that
this Agreement constitutes the entire agrccmcnt of the parties with respect to the
subject matter hereof, and further agree that the various promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another.
25. Attorney Fees. If litigation is commenced by either party concerning this
Agreement, the prevailing party shall be entitled to recover its reasonable
attorney's fees and costs from the other party.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will
constitute one and the same agreement.
21. Jpcorporation of Exhibits, Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this
Agreement shall be incorporated by refercoce into this Agreement for all
purposes.
28 . Section Heading. The headings for any section of this Agreement are only for the
convenience and reference of the parties and are not intended in any way to
define, limit or describe the scope or intent of this Agreement.
29. Sjgnatures , The signatories to this Agreement represent that they arc fully
authorized to execute this Agreement and bind their respective entities.
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IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as
of the date set fortb below.
DATED this __ day of ________ _, 2005.
ATIEST:
By: _______ _
CityClcrtc
Loucrishia A. Ellis
APPROVED AS TO FORM:
By:~-------------City Attorney Daniel L. Brotzman
ATIEST:
By:. _______ _
Nancy A. Doty,
Clcrtc to the Board
APPROVED AS TO FORM:
By :·-----------~
Assistant County Attorney
By:
GRANTEE: CITY OF ENGLEWOOD
~N=-ame--:Do,--u-g .... la_a__,,G ... a_r_r_e-tt.,......
Tide Mayor
COUNTY OF ARAPAHOE
STATE OF COLORADO
By:~--::~--=-----.,....
Lynn Myers, Chair, Board of County
Commiuioncn
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 15, 2005 11 Ci 2005 Private Activity Bond Cap Allocation
Initiated By: Staff Source:
Community Development Department Mark Graham, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council established goals for enhancing housing options induding home ownership in
Englewood.
• Council discussed a Metro Mayors Caucus request for Englewood PAB in March 2005.
Council declined to allocate 2005 PAB, but agreed to participate in their Single-Family
Home Mortgage program .
RECOMMENDED ACTION
Staff recommends that Council adopt the Resolution authorizing assignment of Englewood's 2005
Private Activity Bond (PAB) Cap Allocation to the Colorado Housing and Finance Authority (CHFA)
for home ownership programs.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The State of Colorado allocates Private Activity Bond (PAB) Cap to jurisdictions eligible to receive
more than one million dollars of PAB . Englewood was allocated $1,296,400 for 2005. Englewood
b ecame an entitlement community for an allocation for the first time in 2002 . Prior to that, Engle-
wood was eligible to apply to the state for PAB .
In 2002, 2003 and 2004, Englewood assigned its PAB to the Colorado Housing Finance Authority
for home ownership programs. For many years prior to that, Englewood applied to the State to
assign its share of PAB to the Metro Mayors Caucus mortgage bond program administered by the
City of Denver.
The City typically does not assign the PAB until close to the State's September 1 S deadline so that
the PAB may be avai labl e for an eligible local project. No local PAB eligible projects have been
proposed in 2005 .
FINANCIAL IMPACT
The Resolution assi gns Englewood's entire 2005 PAB, $1 ,296,400, to CHFA for Horne Ownership
programs . If Council takes no action, the PAB reverts to the Colorado Department of Local Affairs
for assig nm en t to eligi ble state agencies.
LIST OF ATTACHMENTS
Certification Letter
Resolution
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STATE OF COLORADO
DEPARTMENT Of LOCAL AFFAIRS
1313 Sherman 5tJeet, Suite 521
Oen.er, Colorado 80203
Phone : (303) 866-2771
FAX: (303) 1166-4819
TOO : (303) 866-5300
December 23, 2004
Frank Gryglcwicz
City of Englewood
1000 Englewood Pkwy
Englewood, CO 80110
Dear Mr. Gryglcwicz:
City of Englewood -$1,296,400
I hereby certify that the above amount will be allocated to the respective local
government for the purpose of issuing Private Activity Bonds in 200S under the
state ceiling imposed by the Tax Refonn Act of 1987.
cc: Daniel Brotzman
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DIOUJTION NO.
SERIES OF 2005
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A RESOLUTION AUTHORIZING ASSIG~ TO THE COLORADO HOUSING AND
~ AUTHORJTY OF A PRIVA'l'I! AC'l'MTY BOND AU.OCATION OF THB cnY
OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE
COLORADO PRIVATE ACTIVITY BOND CEWNO AU.OCATION ACT.
WHEREAS, the City of Englewood, Colorado is authorized and empowered under the laws of
the State of Colorado to issue revenue bonds for the purpose of providing single-family mortgage
loans to low and moderate income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended, restricts the amount of tax-
exempt bonds which may be issued in the State to provide such mortgage loans and for certain
other purposes; and
WHEREAS, pW11uant to the Code, the Colorado Legislature adopted the Colorado Private
Activity Bond Ceiling Allocation Act, Part 17 of Article 24, Colorado Revised Statutes (the
"Allocation Act"), providing for the allocation of the State Ce~.ing among the Colorado Housing
and Finance Authority ("Authority") and other governmental units in the State, ancffu:t!:::
providing for the assignment of such allocations from such other governmental units to the
Authority; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the
City of Englewood, Colorado has an allocation of the 2004 State Ceiling for the issuance of a
specified principal amount of Private Activity Bonds prior to September IS, 2005 (the "2005
Allocation"); and
WHEREAS, the City of Englewood, Colorado has determined that the 2005 Allocation, or a
portion thereof, can be utilized most efficiently by assigning it to the Authority to issue Private
Activity Bonds for the purpose of providing single-family mongage loans to low and moderate
income persons and families; which assignment is to be evidenced by an Assignment of
Allocation between the City of Englewood and the Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I . The assignment to the Authority for S 1,296,400.00 of the City of Englewood,
Colorado's 2005 Allocation shall be and hereby is approved.
Section 2. The form and substance of the Assignment of Allocation are a r roved; provided,
however, that the Englewood City Council is authorized to make such technical variations,
additions or deletions in or to such Assignment of Allocation as they shall deem llCC)CSS8I)' or
appropriate and not inconsistent with the approval thereof by this Resolution.
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~-The Mayor and the City Clerk for the City of Englewood, Colorado &R authoriz.ed
to execute and deliver the Assignment of Allocation on behalf of the City of Englewood and to
take such other steps or actions as may be ncceasary, Uleful or convenient to effect the aforesaid
assignment in accordance with the intent of this Resolution.
~-If any section, paragraph. clause or provision of this Resolution sball for any reason
be held to be invalid or unenforceable, the invalidity or unenforceability of such aec:tion
paragraph, clause, or provision shall not affect any of the remaining previsions of this Resolution.
~-This Resolution shall be in full fon:e and effect upon its passage and approval or as
otherwise required by the Englewood Home Rule Charter.
ADOPTED AND APPROVED this 1Sth day of August, 200S .
AITEST:
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~lution No.__, Series of200S . '
Loucrishia A. Ellis, City C1erlt
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject :
August 15, 2005 11 C ii Transfer and Appropriation of Funds for the
Civic Center Cultural Arts Space Project
Initiated By: Staff Source:
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed this project at length in the past and appropriated $177,500 in the Public
Improvement Fund for the proj ect. Council appropriated $50,000 in the Conservation Trust Fund in the
2005 Budget
RECOMMENDED ACTION
Staff recommends Council adopt a Resolution approving supplemental appropriation to the 2005 Budget
The appropriations include transferring an additional $100,000 from the Land Bank to the Civic Center
Cultural Arts Space Project, and appropriating an additional $100,000 from the Conservation Trust Fund
Co ntingency to the Project.
PUBLIC IMPROVEMENT FUND
Source of Funds;
Cultural Arts Center Land Bank
us,:of Funds;
Civic Center Cultural Arts Sp ace Project
CO NS ERVATION TRUST FUND
Source of Fund s;
CTF Contingency
Us,:o(Fund s;
Civic Center Cultural Arts Space Project
$100,000
$100,000
$1 00,000
$100,000
The City of Englewood is required b City Charter to ern~ure tha t expenditures do not exceed legally
adopted appropriations. The attached resolution appropria tes funds to ensure tha t the City of Englewood
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complies with legal restrictions governing local budgeting. The funds in the Conservation Trust Fund are
required to be accounted for in the Fund, thus there are funds appropriated in two funds. Future
expenditures will be paid out of the two funds.
FINANCIAL IMPACT
These supplemental appropriations will reduce the Land Bank appropriation by $100,000 and the CTF
Contingency by $100,000.
The total appropriation for the project after this action will be $427,000, with $277,000 in the Public
Improvement Fund and $150,000 in the Conservation Trust Fund. Additional funds may be obtained from
the Englewood Arts and will be appropriated when they are made available.
LIST OF AlTACHMENTS
Resolution
A RESOLUTION APPROVING A TRANSFER AND APPROPRIATION FOR nlE 200S
BUDOBT OP 111B arY OP BNCJLeylOOD. COLOllADOllOll 1'11Ba¥1C allffllll
CULlURAL ARTS SPACE PROJECT.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures are
not made without proper appropriation by City Council; and
WHEREAS, the Englewood City Council of the City of Englewood approved the 200S Budget
and Appropriation Ordinance on final reading on November IS, 2004; and
WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do
not exceed legally adopted appropriations.
NOW, THEREFORE, BE IT RESOLVED BY 1llE CITY COUNCIL OF nlE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City of Englewood 200S Budget is hereby amended u follows:
PUBLIC IMPROVEMENT FUND
Source of Funds:
Cultural Arts Center Land Bank
UseofFunds
Civic Center Cultural Arts Space Project
CONSERVATION TRUST FUND
Source ofFunds: err Contingency
Use of Funds
Civic Center Cultural Arts Space Project
$100,000
$100,000
$100,000
$100,000
Section 2 . The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 200S Budget for the City of Englewood.
ADOPTED AND AP P OVED this 1S111 day of August, 200S .
ATIEST:
Loucrishia A . Elli s, City Clerlt
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
(J
COUNCIL COMMUNICATION
Date: Agenda Item: Subject
August 15, 2005 11 C iii Loan for the Housing Rehabilitation
Enterprise Fund
Initiated By: Staff Source:
Community Development Department. Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Ordinance 23, Series 1999 assuming all of the assets and liabilities of the
Rehabilitation Program from the Englewood Housing Authority. Also approved was Ordinance 26,
Series of 1999 establishing the Housing Rehabilitation Fund and Ordinance 31, Series of 2003 creating
the City of Englewood Housing Rehabilitation Enterprise Fund.
Council approved Resolution 33, Series of 2000 and Resolution 77, Series of 2003 authorizing an
agreement establishing a line of'credit with Vectra Bank for the continuance of the Housing
Rehabilitation Fund.
Council approved Resolution 47, Series of 2005, authorizing an application for a line of credit with Mile
High Housing Fund .
RECOMMENDED ACTION
Recommendation from the Community Development Department to adopt a Resolution to apply for a
new loan with Colonial Bank for $250,000 to support the foreclosure activities of the Housing
Rehabilitation Enterprise Fund.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City created the Housing Rehabilitation Loan Program in 1977 to preserve the existing housing
stock in the City and to address the problems of low-income families with the financing of major
repairs . The Program was administered through the Englewood Housing Authority until early 1999
when the City established the Housing Rehabilitation Fund (the Fund) and assumed all of the assets and
liabilities of the Rehabilitation Program . The Fund was established to operate and support the Housing
Rehab Loan Program . The Fund is managed as a revolving fund for housing rehabilitation and
development with the goal of preserving the principle while improving the housing stock.
One of the functions of the Fund is to redeem properties that have gone through the foreclosure
proces s (i.e. 4231 South Cherokee Street, 4180 South Acoma Street, and 3596 South Bannock
Street redeemed earlier in 2005). All foreclosure notices are evaluated by the Rehab Loan
Committee (RLC) after the public sale set by the Public Trustee. The RLC 's decision to redeem any
property is based on the current alue of the property, the c ost of additional repairs, if any, and the
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balances of any senior liens. Strong consideration is given to the financial feasibility of the
redemption and to the preservation of the Fund's principal.
Foreclosure pressures have eased slightly since June. Of the four foreclosures that were pending,
one foreclosure was withdrawn and two others were continued to future sale dates Into late
Augu~t The last property was sold with the redemption period ending August 18, 2005. The
amount needed to redeem that property is $163,000. Three other foreclosures have just sold or
are still pending public sale. The estimated total to redeem them is $400,000. Funds will be
needed in October and November 2005 if the RLC determines redemption appropriate.
Council approved a borrowing resolution with Mile High Housing Fund in June. To facUitate a
faster approval process with MHHF, it was decided to decrease the initial loan request from $1
million to $500,000. The MHHF loan committee reviewed and approved the loan on July 27, but
with conditions that did not entirely meet the Program's needs. Staff has requested that MHHF
Loan Committee re-review our request The results of that review are not known at this time.
In the meantime, in order to secure funds by August 18, staff has continued to research other loan
options with the local banking community. After discussing the program needs with Colonial Bank,
3501 South Broadway, they offered a loan product that would meet the Program's immediate
needs and make the August 18 deadline. The risks of the loan would be supported solely by the
Rehab Program and secured by its real estate.
It is unknown at this time if the loan with Mile High Housing Fund will be finalized in time to meet
the August 18 deadline. Staff would like to proceed with working with Colonial Bank in order to
insure funds are in place prior to the August 18 redemption deacllne.
FINANCIAL IMPACT
Existing Community Development staff administers the Housing Rehabilitation Fund. No additional
monies will be required for administration of the line of credit The Housing Rehabilitation Fund wll
assume all risks associated with the line of credit
LIST OF ATTACHMENTS
Resolution
--
RESOLlfflONNO.
SERIES OF 200S
A RESOLUnON AUTHORIZING nm APPUCAOON FOR A WAN FROM COLONIAL
BANK TO nm CITY OF ENGLEWOOD, COLORADO TO FUND T<HE HOUSING
REHABll..ITATION ENTERPRISE FUND. 1
WHEREAS, the City Council of the City of Englewood, Colorado created the Englewood
Housing Rehabilitation Loan Program in 1977, to preserve the existing housing stock in the City
and to address the problems of low-income families with the financing of major repairs has
approved resolutions to apply for funding to support the Housing Rehabilitation Program since
1977;and
WHEREAS, Englewood City Council approved Ordinance 23, Series of 1999, assuming all of
the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority;
and
WHEREAS, Englewood City Council approved Ordinance 26, Series of 1999, estllblishing the
Housing Rehabilitation Fund and Ordinance 31, Series of 2003, creating the City ofEnglewood
Housing Rehabilitation Enterprise Fund to operate and support the Housing Rehab Loan
Program; and
WHEREAS, the Englewood City Council approved Resolution 33, of 2000 and Resolution
No . 77 of2003 authorizing agreements which established a line of credit with Vcctra Bank for
the continuance of the Housing Rehabilitation Fund; and
WHEREAS, the large number of foreclosed properties has stressed the Fund and currently the
Fund does not have the resources to cover future redemption costs and to insure the solvency of
the Program until the properties arc sold; and
WHEREAS, the Englewood City Council approved Resolution No. 47, 200S, authorizing an
:)pplication for a million dollar line of credit with Mile High Housing Fund; and
WHEREAS, to facilitate a faster approval process with Mile High Housing Fund it was
decided to decrease the initial loan request from a million to $500,000; and
WHEREAS , Mile High Housing Fund Loan Committee approved the loan on July 27, 200S
but with conditions that did not entirely meet the Program's needs ; and
WHEREAS, in order to secure the funds needed by August 18, 200S the City continued to
research other loan options with the local banking community; and
WHEREAS, Colonial Bank has offered a loan product that would meet the Program's
immediate needs as well as make the August Is• deadline; and
WHEREAS, the risks of the loan would be supported solely by the Rehab Program and
secured by its real estate ;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLOROO, THAT:
Section I, The City Council of the City of Englewood hereby authori7.es application for a loan
for the Englewood Housing Rehabilitation Enterprise Fund for the aole purpose of funding the
redemption of foreclosed Englewood Housing Rehabilitation Enterprise Fund properties and
reducing by that amount, the loans to be acquired under the line of credit authorized in Reaolution
No. 47, 2005.
Section 2. Tbe Mayor and City Clerk are berd>y authorized to sign and attest all necessary
forms, documents, assurances and certifications for the loan with Colonial Bank of S2SO,OOO for
the Englewood Housing Rehabilitation Enterprise Fund.
ADOPTED AND APPROVED this IS* day of August, 2005.
ATTEST: Douglu Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, btreby certify the
above is a true copy ofReaolution No.____, Seriea of 2005.
MEMORANDUM
TO: Mayor Garrett
City Council Members
FROM:
DATE: August S, 2005
REGARDING: Richard Raymond.
Attached are two memorandums concerning poifa e and prosecution contacts with Mr.
Raymond.
As you can sec from Mr. Comer's memo um, Mr. Raymond has been involved in
three cases, two of which he wu the de~fndant and one of which he wu the victim. All
of the cues were dismissed, one for re /dng and two for lack of evidence or
complications with proving the cases.
Also attached is a memorandum from yron Wicks, ~ at the Police Division
of the Department of Safety Services. This memorandum documents the Department's
contacts with Mr. Raymond. ~Jn · · ~ ColaDi1<
nccdl to be ~ @w the ~ '8"81:iptioo ia a Nlllitive file wbic:h ii not available-
for review nar ia it open to public document requeat. I
To refresh City Council's memory, Mr. Raymond filed a civil suit against the City
regarding a police civil standby. Judge Matsch, on behalf of the United States District
Court, found that the police officer in that cue acted reasonably and the Judge dismissed
the case.
Attachment
cc : Gary Sears
Chris Olson
Dugan Comer
MEMORANDUM
To: Dan Brotzman, City Attorney
From: Dugan S. Comer, Asst City Attorney
Re: Richard Raymond
Date: August 3, 2005
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The following is a capsulation of cases that have concerned Mr. Raymond either
as a defendant or as a victim.
The first case involving Mr. Raymond occurred on January 13, 2003. He was
charged with harassment, but this case was later dismissed at the request of the police
department, due to their filing of the case as a felony.
The second case occurred on February 18, 2005. In this case Mi. Raymond was
the victim of harassment, by one Mark Luker. Mr. Luker accepted a Deferred
Prosecution for one year. This offer by the City to Mr. Luker, was premised on the facts
that the Julie Luker, Mr. Luker's ex-wife did not want charges filed against Mr. Luker,
and it was felt that without her testimony the case would have been difficult to prove.
That during the time that the case was at bar, Ms. Luker was involved in a Domestic
Violence case where she was the victim and Mr. Raymond was the defendant. Finally,
there were no other witnesses, or any type of credible evidence that would have proven
the case beyond a reasonable doubt, and therefore, result in a conviction of Mr. Luker.
The final case involving Mr. Raymond occurred on March 18, 2005. Mr.
Raymond was charged with Menacing. The basic facts is that Julie Luker, the victim,
was staying with Mr. Raymond, that the relationship was volatile in nature with what
appeared to be frequent arguments and disagreements between Mr. Raymond and Ms.
Luker. On March 18, 2005 Mr. Raymond left a note for Ms. Luker, which alluded to Mr.
Raymond becoming unglued, blowing a gasket, crossing the line with him, etc. There
were no allusions to bodily injury and there was also evidence, unsubstantiated that Ms.
Luker had been smoking marijuana with the neighbor. Also, Ms. Luker, on the date of
the violation, allowed Mr. Raymond to take her 14 year old daughter to school. Those
issues, combined with the fact that Ms. Luker did not wish to participate in the
prosecution of the case, led the City to dismiss the case in July. During the time of the
v iolation and the dismissal, numerous pre-trials were held between the City and Mr. .
Raymond's attorney. The City provided several different offers to Mr. Raymond. all of
which he refused.
Mr. Raymond has also had two DUI cases in Arapahoe County in 1989. The
o utcome of those cases is unknown. There was also a stalking case in 2003 against Mr .
Ra ymond which was not accepted by Arapahoe County.
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MEMORANDUM
To:
From:
Date:
Dan Brotzman
Commander Byron Wicks
August 8, 2005
Subject: Police Contacts with Richard Raymond
I have researched the written records of contacts the Police Division has had with Richard
Raymond. I synopsized the recovered reports below. There may be additional
documented and undocumented contacts of which I am unaware.
NOTE:
RAYMOND'S ROLE ABBREVIATIONS:
RIP= REPORTING PARTY
SB=SUBJECT
A =ARRESTEE
V =VICTIM
S = SUSPECT
CASE# DATE NATURE OF CALL
-
02-11116 072502 BARKING DOG
02-17849 112402 CITIZEN ESCORT
02-18083 112902 CITIZEN ASSIST
AIC 02-67 112902 COMPLAINT
AIC 02-70 120902 COMPLAINT
03-495 010903 POSS ST Af.KER
03-585 011103 HARASSMENT
ROLE
RIP
SIB
SIB
RIP
RIP
SIB
s
CASE ABBREVIATIONS:
VR = INCIDENT REPORT .
0/R = OFFENSE REPORT
AIC = ALLEGATION, INQUIRY,
COMMENDATION (FILED
BY CITIZENS)
OUI'COME
VR WRITTEN
SIB WARNED
SIB ALLEGED THEfT
IX>CUMENTED, INVESTIGATED
INFORMALLY AND FILED AS
''UNFOUNDED".
POLICE DIVISION AND 16
OFFICERS NAMED. 58 TOT AL
ALLEGATIONS.
''NO MISCONDUCT" ON All
OFFICERS
SIB WARNED
CASE COMBINED WI 03-704
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03-704 011303 HARASSMENT A MUNICIPAL CITATION
/STALKING WRfITEN/DISMISSED. FELONY
CASE nLED WIDA. NO FILE 03-852 010203 THEFr RIP UNFOUNDED 03-1418 012703 POSSR/OVIO RIP RIP UNCOOPERATIVE.
UNFOUNDED
04-7746 061504 PHONE HARASS V V UNRESPONSIVE.
CASETOnLE
04-13823 101904 CIVIL DISPtrrE RIP 1/R
05-920 012105 2 DEGREE BURG V INVESTIGATED, TO FILE. 05-2270 021805 HARASSMENT V CITATION ISSUED TO SUSPECT. 05-3638 031805 MENACING s RAYMOND ARRESTED FOR
MENACING (DV). 05-4016 032605 CIVIL QUESTION RIP 1/R
05-4026 032605 CIVIL STANDBY RIP 1/R
05-4242 033105 THEFr OVER $500 V O/R, INVES110ATED.
UNFOUNDED BY
DMSION CHIEF V ANDERMEE 05-4465 040505 HARASSMENT RIP 1/R
•
PLEASE CONTACT ME IF YOU HA VE ANY QUESTIONS. I HA VE COPIES OF
All. DOCUMENTATION.
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~ncll Meeting
~~<
4. Roll call
Members:
_l/ ___ present _/_~.~
5 . CC 1/1 / o( minutes
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COUNCIL • MNling WOllllng -
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1 . Call to order.
2 . Invocation.
3. Pledge of Allegiance.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, August 15, 2005
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
0
4. RollCOI {/~) ~{~AJ~)
( 5 . Consideration of Minutes of Previous Session . 11#,D ,. M;"""' from the Reg""' c;~ Co""" m~tiog of""'"" 1, 2005.~
6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
fr
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
7{~~;_t!JJ;;tJDt~7j~
8 . Communications, Proclamations, and Appointments.
amation declaring September 2005 as tjr~tional Alcohol and Drug Addiction
very Month in the City of Englewood.~~
~~.l.?tJ r~·~t:_'(Jda Item~~/ · h p..lf:3
f( r-"'-' Approval of Ordinances on First Reading .
i. Council Hill No 313 · Recommendation from the Community Development
Department to adopt a bill for an ordinance accepting a S 12,500 grant from the
Please note : If you have a disability and need auxiliary aids or seivices, please notify the Oty of Enalewood
(303 -7 62 -2 407 at leas t 48 hours in advance of when sefVlces are needed . 11Wlk
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Englewood City Council Agenda
August 15, 2005
Page 2
State of Colorado. This grant will be used to fund marketing and administration
activities for the Arapahoe County Enterprise Zone. STAFF SOURCE: Darren
Hollingsworth, Economic Development Coordinator.
b . Approval of Ordinances on Second Reading
{hd/f !il-i.
(J)j}j-3f{_ ii.
Council Bill No. 24 authorizing participation in the South Platte River Protection
Plan .
Council Bill No. 36 authorizing an Intergovernmental Agreement defining joint
responsibility between the City of Englewood and Englewood Schools for care and
maintenance of a Multiuse Recreational Facility at Sinclair Middle School.
rhd I 2{j_ iii. Council Bill No. 37 approving a Memorandum of Understanding with the
Colorado Bureau of Investigations regarding the Violent Criminal Apprehension
Program.
c. Resolutions and Motions. »-
10. Public Hearing Items. (No Public Hearing Scheduled .)
ff
11 . Ordinances, Resolutions and Motions.
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~pf;oval of Ordinances on First Reading.
/ oiT Council Bill No. 31 -Intergovernm en tal Agreement with Arapahoe County to use
I/_. Open Space Grant Funding for constructing improvements to the Mary Carter
Greenway. STAFF SOURCE: Mark Graha~ ~~ior
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~1arner. _
b . ApprovZJf Ordinances on Second Reading. ~
c . Resolutions and Motions.
3 ~ t Recommendation from the Community Development Department to adopt a ~ resolution authorizing assignment of Englewood 's 200S Private Activity Bond Cap
Allocation to the Colorado Housing and Finance Authority f°H~me ~~ship~ ro programs . STAFF SOURC~: Mark Graham, Senior P~nne~
ii. .,,,)'ecommendation from the Department of Finance and Administrative Services to
r1 n, J j'{)adopt a resolution approving the transfer of an additional $100,000 from the Land
~ Bank to the Civic Center Cultural Arts Space Project and appropriating an
fl~ / _ ..efaclditional $100,000 from the Conservation Trust Fund ontingency to the Project ,r "'(/-~AFF SOURCE: Frank Gryglewicz, Director. 'f/3 ,~
1
1 (},( iii. R~lmmendation from the Community Development Department to adopt a 11,;J{(::.~. ,
(<J/J e../l ~ re"'~i~~plying for a new loan with Colonial Bank for $2~~,!lf,.,... -
Please nole: y u have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-7 62 -2407) at least 48 hours in advance of when services are needed.
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Eng lewood City Council Agenda
August 15, 2005
Page 3
foreclosure activities of the Housing Rehabilitation Enterprise Fund . STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist
12 . General Discussion :
a. Mayor's Choice.
b . Council Members' Choice.
13 . City Manager's Report
14. City Attorney's Report
a. Report on issues raised by Richard Raymond during the August 1, 2005 Council
meeting.
15 . Adjournment.
The following minutes were transmitted to City Council from July 29 -August 11, 2005:
• Cultural Arts Commission meeting of July 6, 2005.
• Parks and Recreation Commission meeting of June 9, 2005.
• Planning and Zoning Commission meeting of July 19, 2005.
Please note: If you have a disability md need auxibry aids or services, please nolify the Oty of Englewood
(303-762-2 407) al least 48 hours in advance of when services are needed . Thank ou.
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