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HomeMy WebLinkAbout2005-10-03 (Regular) Meeting Agenda Packet- .. . . , ... •• • • • ... ...... . · l .,. . ' . ,. . ~ ..• . .. . -,' -. • · . . . . , ,. •' ... •\· .:·-----...:.-· ... -... ·-· ---- Regular City Council Meeting October 3, 2005 o,dinanc• ~44, 45, 46, 47, 48, 49, 50, 51 Resolu<ion •/•• 80, 81, 82, 83, 84, 85, 86, 87 • "· • • . . 0 . ~ • .I-, • • • I. Call to O rder • . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session October 3, 2005 0 0 The regul ar mee1ing of lhe Englewood Cily Council was called lo order by Mayor Garrell al 7 :33 p.m. 2. Invocation The invocalion was given by Council Member Barrentine. 3 . Pledge or Allegiance The Pledge of Allegiance was led by Mayor Garrett 4 . Roll Call Present Absen1 : A quorum was present . Also present : Council Members Tomasso, Moore, Barrenlinc, Garrell , Bradshaw, Wolosyn, Woodward None City Manager Scars Ci1y Auorncy Brotzman Deputy Ci1y Manager Aaheny City Clerk Ellis Deputy City Cleric Bush Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Simpson, Community Development Directo r Fonda, Utilities Director Kahm , Public Worlcs Fire Captain Patlarozzi, Safety Services Police Lieutenan1 Sanchez, Safety Services 5. Consideration of Minutes or Previous Session ... (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19, 2005. Mayor Garren asked 1f there were any commcn1s or corrections . There were none . Vote results: Ayes : Nays : Mo ti o n arricd . Council Members Barreniine, Moore. Bradshaw. Garrell, Wolosyn, Woodward . Tomasso No ne 6 Recognition of SchNluled Publk Comment There "ere no sc heduled ,1.ito r,. ' • • -- Englewood City Council October 3, 2005 Pagel 7. Recognition or Unscheduled Public Comment ·• • • (a) Adrianne Fahey, 7477 West 75th Avenue, Arvada, said I just wanted to address a few things . especially where the educational standards are concerned. We did have a chance to review the draft proposal of the reflexology ordinance and I just wanted to clarify a few things . In our proposal that we e-mailed to you last week, we indicated ... under educational standards ... that one of the things, as proof of meeting the educational standards, is having a certificate from the American Reflexology Certification Board. That is one thing you did not include in your draft and I really want to stress that this should be included in your ordinance because, number one ... you state in the draft ordinance that you want 200 hours, of which 110 hours are hands-on in-class instruction. One of the prerequisites for testing with ARCB is 110 hours of hands-on in-class instruction, but we don 't make any distinctions as to whether that is from a State approved school, because, right now reflexology is still kind of in its infancy and so there arc a lot of mom-and-pop institutions out there teaching reflexology. but they art: very legitimate and they arc teaching proper technique. And so, we accept these individuals for testing with ARCB , as long as they can verify 110 hours of hands-on in-class instruction. One of the good things about the reflexology test, is we do have a practical portion. We test their hands-on skills. We want to make sure that they are applying proper technique and proper pressure, so that they are not creating a problem for the public . And so, that is one thing that I definitely would like to see written into the law. The other thing, number two , as you stated, is that they show 200 hours from an approved school or proof of certification through ARCB . It is because of some of these schools that may not be "State approved" but they arc giving good instruction on proper reflexology skill. knowledge and technique. Thank you for listening . Council Member Bradshaw said thank you for doing that so quickly . Ms . Fahey said your welcome . (b) Rachel Lord, IO 17 Perth Street, Aurora, said I second what Adrianne said about the educational requirements. That is a very important thing to us . I see that there was an article in the Herald a couple of weeks ago, where Mayor Garrett said that he felt we should establish a separate license for reflexology. since we have a measurable way to determine if the applicant is qualified . And one of the measurable ways .. .! will rcitcratc ... is certification from the American Reflexology Certification Board. That is a real substantial measure of the qualifications. So, that is that part. She said a couple of other things I wanted to talk about, involved the definitions ... addressing the distinction between what part of the ears were to be worked on. It is definitely the external car, so there is no problem with anything like that. So, I think that could definitely go into the ordinance as part of the definition . Another part of the definition, which we didn't address and it is not put in here yet. but I think it would be a good idea .. .is that the rcflcxologist, in addition to working on the ears. hands and feet, they also work on the lower leg and the lower arm, briefly, but they do work on that part of the body . The reason being is that the musculature that comes down from the lower leg, goes into the feet and the musculature th at co me s from the forearm, goes into the hands. so they arc integral parts of the mechanism of the working of the hands and feet. There is so me .application of press ure to those two parts of the body. So.just for clarification, it may be a good idea to put that in. It is no t ma ssage therapy .. .I mean nothing else is taken o ff. they may roll up their pants leg a little bit. but that is it. There is no other rertl0val of clothing, so you may want to consider puttin hat into the definition . There is something else here too ... a cou ple of thin gs. The part about criminal background checks ... now I know that the crimi nal background check and the fingerprint check that you do for massage therapists ... to my understanding, it dates back to the mas sage parlor ordinance . It was a means of regulating prostitution, to my understanding, and I understand that you definitely want the two to be separate. but if we are going to be in 2005 and consider a professional reflexologist, with the edu~ation requirements that we have just listed .. .I personally don't think that is appropriate to have ... just as a nurse doesn't need a fingerprint c heck. a doctor doesn't need a fingerprint check and any other licensed professional doesn't usually go through th at. So, my vo le would be to take that out. And then there is one other thing , just for your cons ideration, and this is 1101 pertaining to the reflexology ordinance that we arc proposing here , but just in general, just to think about it, there arc a lot o f alterna ti ve therapies o ut there in the wings that arc used by a large number of people nowadays and there is no regulation o n those. And I have a feeling that in the future that is going to come around ... that when we draft this reflex o logy ordinance you may find other people from other professions, such as hcrbology. crani osacral. shiatsu ... different o ther alternative modalities that are being studied by NIH right now, as a matter of fact. They arc going :o come around and want ome legitimacy too for their professions. which I think is a very good thing . I do not want it as part of th reflexology o rdinance. but I just want you to think about that as a future thing, that Englewood could be leading the pack. mean 111 s r.:ally unprecedented areas for consideration and it's the wave of the future . So, I think when word gets out on thi s. other modaliues might be looking for the same type of thing. So. that is just for consideration in the future . Thank )OU. t • • Englewood City Council October 3, 2005 Page3 Council Member Barrentine said could I ask just one question please . She said in your licensing procedure, do they have to go through a background check with the school in order to be licensed? Ms . Lord said no, we don't license, the schools don 't license . Ms. Barrentine said in order to get a certification or graduate? Ms . Lord said no, there is no background check. Mayor Garrett said we have heard several things from the two people who signed up. During Council Members Choice we will go through each of these and see what we want to do as far as amending the ordinance. (c) Bernhard Wellman said I am very glad I'm here and I'm really thankful for everything I can participate in. I submitted an application, one year ago, to ICMA (International City Manager's Association) to stay in the States for three weeks . I am really glad that the City Manager of Englewood answered . We were put in contact with each other and I will be staying in the United States for three week . It was a really big event for me when I went to Minneapolis, Minnesota to take part in the very big annual conference there, with 3,000 City Managers , and I learned a lot from all of them. They were very helpful and friendly, all the time . Since the first day I came to Englewood, the administration, the town hall, the managers and the departments have been helpful and shown me everything here . I am deeply impressed with your treatment capacity. Today I toured the water and sewer plants . I couldn't imagine how great and professional you have made all this . It is really great to see. We have the same problems ... we have less money and a lot of treatments we are re sponsible for . You know , we have two and a half thousand Russian people living in the center of Belm ... a town ofabout 14,000 citizens. They came when 3,000 soldiers and their families left the town and now we have to integrate these Ru ssia n people into our community. That was the greatest challenge of the last 15 years . I am very proud to tell you that we have taken part ,in a competition held all over Germany . Over 100 communities took pal t in this competition, which was to determine who has the best integration plan to integrate Russian people and immigrants in Germany, and we won it. So, I went to Berlin, to the Federal government, and received a large prize from the Ministry of Internal Affairs. It was great for all of the City of Belm . That is what we are doing . You know we have 31 members of Council and I am both the Mayor and City Manager and a member of Council too. so I have a lot to do all the time. I have been a member of Council for 33 years . I was just 23 years old when I became a Council Member. Now I am 56 and for 16 years I have been Mayor of that town . I know the problems of the people and how we can manage it. So, I am here for three weeks to observe and learn how things are done here, which I can take back to my town . I send best greetings from my members of Council and the population of Belm , in the northern part of Germany. I am really thankful and I wish the best things to the people of Englewood . Thank you very much . Mayor Garrett said thank you. 8. Communications, Procla-tlom and Appointments (a) A proclamation declaring October 8, 2005 as "ACE A & A Tradin' Post Day" was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 8, 2005 AS "ACE A & A TRADIN' POST DAY". Mayor Garrett asked if there was any discussion . Mayor Garrett said they will be having quite the fostivities on Saturday. so come early. Votr nsults: Ayes : Nays : Motion carried . Council Members Barrentine, Moore . Bradshaw. Garrett, Wolosyn, Woodward, Tomasso None Ma)or Garrett presented the proclamauon to Aaron Ausfahl and Stephen Head . There was applause . MA l'OR CARRI.TT REMOVED AGENDA ITEM 9 (a) (I) FROM THE CONSENT AGENDA. t • • Englewood City Council October 3, 2005 Page4 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (II) through (v), 9 (b) (I) and 9 (c) (I) and (II). (a) Approval of Ordinances on First Reading (ii) COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. (iii) COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. (iv) COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY AVENUE BY THE CITY OF ENGLEWOOD, COLORADO. (v) COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOlITH PLATTE RIVER DRIVE (Linleton/Englewood Wastewater Treatment Plant). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 43, SERIES OF 2005 (COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER BRADSHAW) · AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND WILDACRES, LLC FOR A TWO INCH (2") UNDERGROUND WATER SERVICE CROSSING OF THE CITY DITCH. (c) Resolutions and Motions (i) RESOLUTION NO. 78, SERIES OF 2005 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO. TO FCLE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2006 COMMUNITY DEVELOPMENT BLOCK GRANT. (ii) Contract with Honnen Equipment Company. for the purchase of one Hamm HD 70 HV roller, in the amount of $76.257.00. Vote results: Ayes : Nays : Mo ti o n c arried . Council Members Barrentine . Moore. Bradsh>.£w, Garrett, Wolosyn, Woodward, Tomasso None • •••• ' : • • --- Englewood City Council October 3, 2005 Page 5 ·• • 9 (a) (i) Director Gryglewicz said in the Council Communication, second paragraph under recommended action, you will sec it says "changing human to home, in 4-4-4-3." For some reason that wasn't corrected in the ordinance and that just needs to be corrected to clarify that. Mayor Garrett said refer to the ordinance itself under (A) (5) exempt items, the third line down . Mr . Gryglewicz said it is under Sales and Use Tax : 4-4-4-3 Exemptions to sales tax (A) (5), second sentence ... it says "for human consumption" and it should read "for home consumption". COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (a) (I) AS CORRECTED. COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING SALES AND USE TAX. Mayor Garrett asked if there was any discussion. There was none . Vote results: Ayes : Nays : Motion carried. 10. Public Hearing Items Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward. Tomasso None No public hearing was scheduled before Council. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Admini strative Services to adopt a bill for an ordinance approving the 2006 Budget for the City of Englewood . He said I have a short presentation, as we basically budget all year long , as you arc well aware . We first met on May 7111 of this year to start the process . We went through a preliminary budget on August 15111• The Council actually received their budget on September 15th , as required in the Charter . Then a Public Hearing was held, here in the Council Chambers, on the 19111 of September. Then we met again on September 24th , for a Saturday session, and discussed the budget at that time . The one I am goi ng to po int o ut is the General Fund . because it is the fund that provides the services to the citizens that are considered publi c in nature lik e, poli ce , fire , publi c works, parks and recreation and library . And for 2006, the budget has a total so urce of fund s of $36,2 86 .2 94 .00, total use s of funds of $36,136,240.00 and that leaves a total undesignatcd , unreserved Fund Balan ce of $5,497 .981.00, whi ch is 15 .6% of budgeted revenues . I can take questions at this time if there arc any . Ma yo r Garrett as ked if there were any que stions for Mr . Gryglcwicz on the budget . Co un cil Member Woodward said Frank, in this budget , how many current staff lose their jobs, specifically because of this bud get ? Mr . Gryglewicz said none of the staff lose their jobs, although there will be one position that won 't be filled, but I be ltc ve Safet y Services is adding a position in there that they feel is more critical , but no one is lo ing their job. Mr . \ cxxh,ard said oka y and do we have any type of hiring freeze that will be put in place, or in place currently ? Mr . Gr) glew 1cz said not at thi s time and the onl y way that would be implemented is if the City Manager deemed that so methin g, like rev enue shortfall s, were extreme enough to do that . And that would be brought to Council's attention prior to tha t be in g put m pl ac e . Mr . Wood ward sa id okay , thank yo u. Ma)or Garre ll as ked of th ere were other que li ons for Mr Gr yg lcw1 cz . There were none ~1a)Or Garre ll aid th ank o u Frank. ' • • Englewood City Council October 3, 2005 Page6 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 44. COUNCIL BILL NO. 44, INTRODUCED BY C OUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE ADOPTING THB BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2006. Mayor Garrett asked if there was any discussion among Council. Council Member Barrentine said I will be voting against the budget and the reason for that is that it has very little to do ... some of it with staff. The process that we went through was somewhat embarrassing to me. The Council's main job is to hire a City Manager, to hire a City Attorney and to deal with the City's budget. The first several meetings we didn°t even talk about any money . At the end, the last hour that we actually spent on this, certain cuts were talked about and not everything is being put on the table . When you are talking about not having public process and public votes for money going out and you are saying, well it is in the budget, when it comes down to spending real money, that is different. I think the Council needs to be much more active and much more involved in this budget process. And I think, when it comes to discussing it and in the final hour of budget you've got department heads who say, well I never really needed this po51tion , I never really needed this money ... then that should have been eliminated in the process, ifit wasn't a necessary function of their department and shouldn't have been something to be held out at the last minute to placate any situations that were going on. If there are things that are in budget, in departments, that aren't necessary, they should have been eliminated out of that budget a long time ago. Like I said, this is a major process of Council. I think we should be much more involved in it. Like I said, the first several meetings we didn't even talk about money. I have a huge concern about Council acquiescing their authority and their power over the process, so I will be voting no . Mayor Garrett asked if there were any other comments from Council. There were none . Vote results: Moti o n carried. Ayes : Nays : Council Members Moore, Bradshaw, Garrett , Wolosyn, Woodward, Tomasso Council Member Barrentine (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropri'ating the 2006 Budget for the City of Englewood. He said thi s bill for an ordinance is related to the budget , it actually allows the spending of those funds and ;as I pointed out earlier, the funds for the General Fund for 2006, to be spent, are $36, 136,240.00 .. Mayo r 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 (a) (ii)· COUNCIL BILL NO. 45 . COUNC IL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY Of ENGLEWOOD. COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I . 2006. AND ENDI.NG DECEMBER 3 1, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Ma yor Garrell asked if there wa s any discussion among Council. Council Member Barrentine said I just want to reiterate "hat I siud before . I "di the appropriation for the budget I just had a pro blem wnh Mayor Garrett asked if there were any o ther comment There "ffe none ' • • (J Enpwoocl City C-U Odobff 3, 1005 Pqe7 Vote resalls: Motion carried. Ayes : Nay : Council Members Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Council Member Barrentine (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant . He said the beginning Fund Balance for the budget is $115,674.00. Total sources of funds for 2006 is $49,186.470.00. which is the exact amount of the use of funds for the year, which leaves an ending Fund Balance of$1 l5.674 .00. Mayor Garrett asked if there were any questions for Mr. Gryglewicz. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Hi) • COUNCIL BILL NO. 46. COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE ASCAL YEAR 2006. Mayor Garren asked if there was any discussion among Council. There was none . V Ole results: Motion carried . Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (iv) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services 10 adopt a bill for an ordinance appropriating the 2006 Budget for the Littleton/Englewood Wastewater Treatment Plant. He said the appropriation for the Littleton/Englewood plant for 2006 is $49,186,470.00. Mayor Garrell asked if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv)· COUNCIL BILL NO. 47. COU NCIL BILL NO . 47. INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2006, AND ENDING DECEMBER 31. 2006. CONSTITUTING WHAT JS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FIS CAL YEAR 2006. Ma yo r Garren asked if there was any discussion among the Council. There was none . Vote results: Motion carried . Ayes : Nays : Council Members Barrentine. Moore . Bradshaw, Garrett. Wolosyn, Woodward. Tomasso None (v) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services 10 adopt a bill for an ordinance approving the 2005 Mill Levy for collection in 2006. He said the ' • • • Englewood City Council October 3, 2005 Pagt,8 mill levy for the General Fund for 2005, and collected in 2006, is 5 .88 mills . That is unchanaed and has been 1MW.hantw for over ten years. The Debt Service mill levy for 2005, and collected in 2006, is 2 .22 mill . And 1f you look 1n the Council Communication I prepared for Council, it shows a breakdown of what a homeowner in the City, wldl a $200,000.00 house, would pay to the City for property tucs and the total of that 11 $128.95. That includes Debt Service and the General Fund, which is actually a liule bit less than last year. Mayor Garrett asked if there were any questions for Mr. Gryglewicz. Council Member Woodward said Frank, basically what you are saying is, on a market value home of $200,000.00. of real estate property taxes that are collected by the County. S128.95 aoes to the City. Mr . Oryalewicz said thal is correct and $33.34 of that actually goes to Debt Service to pay for the Recreation Center improvements and Pirales Cove. Council Member Bradshaw said and that is what residents pay for a full service city. Mr. Gryalewicz said yes. Ms. Bradshaw said okay. Mayor Garreu asked if there were any other questions for Mr. Gryalewicz. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APnOVE AGENDA ITEM 11 (a) (v) • COUNCIL BILL NO. 43. COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO. Mayor Garreu asked if there was any discussion amon1 Council. There was none . Vote results: Ayes: Nays: Motion carried. Council Members Banenbne, Mooff. Bradshaw. Cilrrea, Wololya. Woodward. Tomas.,o None (b) Approval or 0. J1nances on Second llelldlna There were no additional iterm ubmitted for approval on second rcadiq. (Sec senda llem 9 -Come111 fCIIIIL ) (c) Resolutions and Mo uons There were no additional re solution or motJO submitted for approval (See Aaenda Item 9 -Consent send,&.) 12 . General DIKuuloa (a) Ma)or's Choice (1) Ma or Garrett • hu~ ..U y, I ha, die IIS& or "'ha&,. --nded by our speakers dur1111 the un,cheduled pubhc comment po,tlOft f the -na The fllSt oae "'M dlat dley IIOould hb • ...-ive IO die uccred 11a11on cducau un rcqw,emenl. proo a emf11:ille fr~ die 8'Mfd 111d I doa't blow wllal COU111:lh' feelUlp are toward ha, 1ng r, hl"rnamc oun.:11 mbef \fC It Bradsllaw saod I~ IOO or Oatrffl ~ dlat *Y -........ a MIii' ia * propoul tlltt 1,e IO die ~allt.'MI ,.,...,_, UIM *Y ca pro-Ide plOOI of* !Ul.t Ill.II wJ .. -} Owrea .. It would be •·or lal." TIiey are ......... .., ... draft . ' .. • • Englewood City Council October 3, 2005 Page9 0 . . , . . . Mayor Garrett said the next two are sort of two changes to the definitional piece. One is using the word "external" instead of "outer", that we used in Study Session. Is everyone okay with that? Ms. Bradshaw said that is fine and the others agreed. The second one was to include "the lower leg and the lower arm" with the same qualifications. Council Member Woodward said the lower leg and the lower arm, does that mean the ankle and the wrist? Is that what we are talking about? Ms. Fahey said the forearm is from the elbow down and the lower leg is from the knee down. Mr. Woodward said okay. Mr. Garrett said the answer is no. Mr. Woodward said right, the answer is no that is not the ankle . Mayor Garrett said what is Council's feeling on adding that? Everyone agreed it was okay . Mayor Garrett said the last one that was mentioned was the removal of the requiremenl for a criminal background check. City Attorney read the following: Criminal Background is the applicanl shall be required to submit IO a police background investigation as part of the application process. He said that actually SOC$ with. f S.M: .. tuch no applicant with a felony record or who has been convicted of a charge regarding morale turpitude . shall be alk>wed IO obwn a reflexolosist license. He said that is why the background check is required. Ms. Bradshaw said thal can mnam the same u far u I'm concerned. Council Member Tomasso said I think with the massage is.sue. 11 re111a1n the same .. boch onbnances the AJDC. Council Member Woodward said I think it should remain the same . Real -broker ao throu&h those type of background checks, soccer coaches and I think with some of the thanp thll ha•e -up with physicians and dentistry and stuff like that, I don't see any downside with it, other than haYJIIC to So ,et filJlfffPflnled and bav1n1 a background check. I can't imagine why somebody would have a problem wilh ha•ana thew beckpvuad checked. Mayor Garrett asked if there were any other commenu from C-tl Council Member Barrentine said you are mistaken. The hcmwnc for doctors and nursana profeuions require, in order for them to get a license, for them to submit to a backa,ound hetL, ,. .. !Mt hlppeM as. II doesn't mean that, automatically, someone with a felony conviction wouldn't be approved. bul dlen II d;J IO IO the Board for a deliberation to see if they arc still safe to practice and get a license . So. I wouldn't npcct 11A daon, dafl'ereni ,oflen someone is working with the public. Mayor Garrett said it sounds like we will keep that 1n. ~ the •di be addan& the alternative change to the definitional piece by two, but otherwise leaving, the prop.lllCd orda-drafted Mayor Garrett said our schedulers will put th1 on lo, flOl Thank you very much. (b) Council Memben ' Choice on llibcr r,• and final reading will be November 7"'. (i) Council Mcmbn 8¥rftll1nt It al,. ) l1nd of mce, every couple of years, when people get more involved in the electi n. you~"'°" f\lffl people and I ha•e had a Joe of complaints over the last couple of weeks. I think o ne of the maj or thm p 1h;a1 "" ~,pie MIii up IO you arc Code Enforcement issues and unfortunately, second to that, over the two year tlw I ~,e OW' Bwldms Department and our Community Development Department. A couple of week 1<• I .. eni . aa the tes and Sandy Buller, to their home ... and they arc here in th e a udi e nce ... regarding their drum nJ dtoM ~ a boat. They purchased a boat 10 retire in. They have been in thi s community a long umc I M h> -.11 ,.ell kept , 111 beautiful and their back yard. if you ever need to re lax. if they d on ·1 kick )OU out r thcff . peao.--e Ill and well ,roomed . They would like to put something there to protect thi s hu ge mve tmenl the ... b ... mare OIi boat And hke similar complaints that I have heard , because they are law ab1d1ng people . thr al lncd "' Ille 1nforlNI.IOfl on how they could put a cover over this . They see a lo t of these cover and the uuU i..> plll I tllcv ba.:k yvd. They were told a lot of things that arcn 't true. It is l'fuptrl ere """ 11 bad to be made out of the same material u the property. They 1111 nl..,..matK>fl Th, • ombancd with an experience four or five yC81'll ' . .. .. • • - • Englewood City Council October 3, 2005 Page 10 (J ago, when they tried to put up a carport and had a horrible experience with the City, has put them in the position where they would rather sell the boat than put up with the City. I hear a lot of talk about wanting to be homeowner friendly and business friendly and yet I hear from companies who want to redo their sign and can't because they arc being strong armed by Community Development to do something else, in order to do something that they arc grandfathered into. We have the problems with places like Lock and Stain Glass, where they arc trying to come into a business on Broadway, and take something that was blighted and a horrible situation where we had vagrants and it was dangerous, and we are trying to get a legitimate business in there. And I'm getting nothing but complaints, whether it is Bear Axle and Frame wanting to do their sign, whether it is UnDici getting stop work orders, whether it is this gentleman who would like to have a cover for a very expensive investment in his backyard. So, what I would like to request is that I get some information from Community Development and the Building Department on these issues. I would be more than willing to go over some of the individual complaints, as well as I am sure this gentleman would like to talk about some of the problems that he has encountered, so that people could actually expect Englewood to be a little bit more user friendly and have businesses come in . We have a reputation that keeps the businesses out. A gentleman bought some property, sold it. He came to our Community Development Department and was told that he could not subdivide that property out, that it was all one lot. He spent money, got an architect, went to the County Assessor and found out that wasn't even the truth. And then we sit back and go, my bad, after people have spent that kind of money on an investment. So, if we could all get on the same page, which I thought the Uniform Development Code was supposed to do, and stan being user friendly, so that people arc not telling me that they would rather sell a boat ... their dream ... rather than deal with the City again or leave a sign damaged, rather than replace it with something new and modem, because they don't want to work with the City. I really believe that we could try and get together and see if we could make something at least workable ... at least workable, this is ridiculous. So, if you would be willing to, then I would be more than happy to sit down with Community Development and with some of these people and find out what some of their issues are and see if you would be willing to work with them. Otherwise, I am hearing everything from they would rather sue the City or move out or sell their boat and I would rather that those options didn't happen. (ii) Council Member Bradshaw: I . She said first of all I would like to request a report on the mill levies for Sheridan and Littleton as far as property tax and include Special Districts and any other fees they pay. I know they pay the South Suburban Parks and Recreation. And what that average, on a $200,000.00 house, would be. City Manager Sears said for two years? Ms. Bradshaw said probably for 2006, if we could look at it for just that one year. 2 . She said kudos to everyone who helped with the Household Hazardous Material Roundup. Jim, I hope I didn't steal yo ur thunder, bu1 when I saw the different departments ... Safety Services, Community Development aind Public W o rks ... it is nice that everybody works together on that. It is nice to know that we didn't have as much hazardous waste a.~ we have in the past. 3 . She said I would also like to thank Harold Stitt for the excellent report on the BID and organizational issues. That really helped me understand it better, so if you would convey that to Harold, I would appreciate it. 4. She said I wo uld like Code Enforcement to focus on trailers being li ved in, in residential areas. It seems there has been some concern. I have had three different calls and I have some addresses that I will get to you. Thank you. (i ii ) Council Member Woodward : I . He said I wa nt to acknowledge and compliment the Englewood Employee Association and all Englewood e mployees for 1heir efforts toward the fund rai s ing and d o nations for the Hurricane Katrina Relief Fund and the energy they put into that. 2 . He said I want to second what Bev said about thanks to Harold and Community Development for the information o n the BID. It certainly was helpful and c larified a whole lot of things for me. Thank you. (iv) Council Member W olosyn said I feel I have to say something about the way we address the budget. W e started, I think, back in May or June looking at drafts and hearing reports from City departmcnu on the direction they wanted to go. I've been o n City Council for six years and I do re.td the budget every year and I do know the t • • Englewood City Council October 3, 2005 Page 11 0 . percentages. I look and I see personnel and commodities and this year there were minimal increases, as I understood it. I have worked with the staff for six years and I have come to have respect for them . And I think that John's exercises ... having us drill down ... brought out some useful points, but short of micro managing the budget, we did have discussions this year, from May through September 24 ... To me, I do know the numbers and I keep apprised of them . I respect our staff and I think that our City Council docs as good a job, short of mi cro managing the departments, as we can . We are policy makers . The departments run the government under the City Manager. I think that we do our job, to the best of our ability. Somebody had requested that Frank put in numbers about other cities .. .I think there were four or five other cities. I was looking at their Fund Balances and, actually, I go down to the Auraria Campus all the time and read other budgets. It gave me the opportunity to look at these other communities and I think that is sort of where Bev is going. They don't have any recreation facilities ... they make agreements for their citizens to use certain facilities in Greenwood Village. They pay into a Fire District, as docs Littleton. Littleton citizens ... Littleton citizens, not Littleton City govemment ... pay into a Fire District. What it brought home to me, once again, was that it is pretty amazing, for a City like Englewood, that doesn't have a lot of big box retail and doesn't have a lot of room for growth, is continuing to provide full scrvice ... full service. How many tax districts arc any of us paying into? SCFD ... SCFD which comes back to us ... and RTD. I just want to say that it is a difficult and emotional process every year and so be it, money issues are always like that. That is all I have to say. Council Member Barrentine said I am sorry, but I never said that we were micro managing. Ms. Wolosyn said I didn't say you were, I said short of micro managing and I gave my opinion. Ms. Barrentine said I said by Charter we are obligated to do the budget. It is one of the three jobs that we are supposed to do IUld I find having any budget meeting where we don't discuss finances is disturbing. I am not interested in what Littleton does or what Littleton residents pay for or Greenwood Village ... we don't have their money or their issues. I am interested in Englewood being the absolute best that Englewood can be. It is not micro managing ... it is fulfilling our obligation as elected officials to do this budget . I was going to say I believe the process was a joke. I believe we need to take it more seriously and be more involved . Council Member Wolosyn said I am going to repeat one more time, I, myself was dealing with numbers and I know John forces me to deal with numbers and it is one of the reasons I really appreciate working with him . And that is all I am going to say. Council Member Woodward said I would like to just comment. At our meeting on the 8111 of September we looked at c utt.ing and we did end up cutting $698 ,100.00 out of the budget. Coming back on the 12111 of September, we, at that meeting. looked at or discussed and wanted to take a look at. .. if there were any possibilities or opponunities to cut an additional $100,000.00 out of the budget. And that is how we got to our final budget. Now, I know, I would like to think all of us go through these budgets and spend a lot of time on them . I know I do. I feel real comfortable and proud of the budget for 2006 and the process we went through that goes back to May. when we had our initial meeting. And that is all I ha ve to say about this . Council Member Barrentine said in answer to that that is exactly what I said. I said this had less to do with staff and the department head s. than it did with Council. We sat there and we decided to have these guys bring back $100,000.00 worth of culs. yet the pel projects of this City Counci l weren't even discussed. There wasn't even the opportunity to discuss pet projec ts, that are $400,000.00. They weren 't even put on the table to be part of the discussion . You asked these guys to go back and nickel and d ime their departments and yet you were not even willing to have the discussion on a $100,000.00 art space, that isn 't even in use, that would have no impact on the community at this time . Council Member Woodward said yo u put ii o n the table , Lauren. Ms . Barrentine sa id those were the issues that I had . That is why I am embarrassed about the Co un ci l, not the staff. They came back with their cuts. We didn't offer up anything. Council Member Wolosyn sai d I am going to offer o ne more thing, Doug, and I am going to apologize for having to do this , bu1 1 have 10 do thi s for the people I work with . That Cultural Arts space is not a frivolous project . It is something that has been worked on for six yea rs. People have been moving along, putting money away, and working on partnerships to provide a quality of life facility in thi s City, for very little money . Englewood Arts is actually going to bring money to the table . Yes , I'm a champio n of the arts in the City . I believe that I do it in a modest way, that is respectful of the other budgets and I know that I do. $400,000.00 worked out over a long time. but we arc actually going to bring in excess of $70,000.00 to the 1able to finish it. Over six years, that is modest and I am proud of it. I commend the people who work on 11 . 1 kn ow 11 1s going to be a great facility for performance, for meetings. for schools and for our community. I think it is _ going to be o ne of the many things that makes EnglcwooJ a full service City for a very modcSI amowu of money. I want to take 1h1 s o pportunity to thank this Council, which has been so good at helping me inch ,along on this, and these people. ' . ... .. • • Englewood City Council October 3, 2005 Page 12 Council Member Tomasso said historically, Lauren, they said the same thing about the Recreation Center, before the Recreation Center was started . People were against the Recreation Center ... they couldn't see what it was going to bring to the community. Ms. Barrentine said they voted for that. .. they brought it before a public forum . They voted for a bond issue to have those things done. If you want this Art Center and the $100,000.00 ... you are right, she is right, the $100,000.00 is only a portion of that. The whole amount is $400,000.00 for that room, of which a $75,000.00 portion, some portion ... is being paid for and it may be a little more than the $75,000.00, privately. It is a $400,000.00 room. If this community wants it, if they see the value in it, then go make the case to them and have them vote for it. The $100,000.00 I'm talking about is only the SI 00,000.00 that we are going to spend, of dollars that we have not even earned yet and that wasn't brought to a public process. Now, I am willing ro agree that if it goes through public process and people vote and it wins by 5 or 7 votes ... then that is the will of the people. We went ahead and did it. We did Pirates Cove. We did Oxford and we did the Malley Center, but people voted on it. This was an agreement that was done in a Study Session where I have to argue for things to be voted on in public, on the record, in Council. That is ridiculous and still embarrassing. Council Member Wolosyn said this was voted for in public, period. Council Member Moore said Your Honor, I am proud of the effort that the six of us made to work together to come to a budget. The results were not what I wanted, but I am only V6• of the parties that participated . I respect everyone's effort. I respect the staff's effort. I am proud of my vote and I think the Englewood residents have a very sttong Council that has served them well over the last four years in these hard times. That is all that I would just like to add . 13. City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . AdjoumDRDt RE'IT MOVED TO ADJOURN . The meeting adjourned at 8:21 p .m . • t .. • • 0 1. 2 . 3. 4 . 5 . ·• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 3, 2005 7:30 p.m. Englewood Civic Center -Council Ch ambers 1000 Englewood Parkway Englewood, CO 80110 Ca llto ord er. ,;.-~~ Invoca tion.~ Pl edge of All egi ance. ~ Roll Call . M_ l'J ~ Cons idera tion of Minutes of Pr ev iou s Se ssion . 0 0 . Cljfxf '/-{)· Minu tes from the Reg ul ar City Council mee ting of September 19, 2~05 . ~ 6 . Recogni tion of Scheduled Pu blic Com men t. (Pl ease limit your prese ntatio n to ten minuff 7. 8 . Off d '7-{). P,odamahoo dedariog O<tobe, 8, 20 05 " • ACE A & A T,ad;,• Post Day." !fil.J,g/J»r- Plea e nole: If you ha,e a d1 b1h1y and need auxiliary aid s or services, please notify the Cily of Englewood (303-762-2407 ) al 1,asl 48 hours in ad\ance o f when services are needed. Thank you . t .. • • - () Englewood City Council Agenda October 3, 2 005 Pa ge 2 ~-------~ 6#50 -correction : 4-4-4-3 (A) (5) -line 3 "for AWmaA blllli consumption .. ." /IJA-9 . :._onsent Agenda lt;s. /ffitl)/11} fr~/IJ 9 d/ Yo a.<:,~for~ on First Reading . i Council Bill No. 50 -Recommendation from the Department of Finance and \. /l :i Administrative Services to adopt a Bill for an Ordinance amending sections of ~ the Englewood Municipal Code pertaining to unpaid sales taxes. STAFF1,d./~j_. ~ SOURCE: Frank Gryglewicz, Director of Finance and Administrative vvv-rq~,...- IJ.UJ!/ ?--0 ~ 14JfrUS ?ai/tltr~9,// 9h. -'fr-ii . Council Bill No 41 -Rec mmendation from the Department of Finance and ~. • , Administrative Services to adopt a Bill for an Ordinance amending sections of 9 t fl/ I the Englewood Municipal Code pertaining to the Liquor Code. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . iii. Council Bill No 49 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending Title 5 of the Englewood Municipal Code pertaining to Miscellaneous Licenses . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iv. Council Bill No, 42 -Recommendation from the Department of Community Development to adopt a Bill for an Ordinance approving the purchase of property at 2394 West Wesley Avenue. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist v. Council BUI No 4j3 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a Bill for an Ordinance granting three utility easements to Public Service Company of Colorado for in stallation of new gas mains at 2900 S. Platte River Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Mark Van Nostrand, Senior Project Engineer. b . Approval of Ordinances on Second Reading . Council Bill No. 39, approving the License Agreement and Temporary Construction Agreement wi th Wildacre, LLC for crossing the City Ditch . c. Resolutions and Motions. Reco mmendation from th e Comm unity Development D epartment to approve a Reso lution au th orizing City application to Arapahoe County for Federal Rscal Year 2006 Community Development Block Grant (CD BG ) funds . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. Please note: If you have a disability and need au ihary aids or services, please notify the City of Englewood (303-762 -2407) -1 t lea I 48 hours m ad, ance of wh n services are needed. Thank ·ou. ,. t • • 0 Englewood City Counci l Agenda October 3, 2005 Page 3 10 . ii. Recommendation from the Public Works Department to approve, by Motion, the purchase of one Hamm HD 70 HV roller. Staff recommends awarcfing the contract to the lowest acceptable bidder, Honnen Equipment Company, in the amount of $76,257. STAFF SOURCE: Rick Kahm, Director of Public Works. Publi$tems. (No Public Hearing Scheduled.) 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. iii. iv . V. Council Bill No. 44 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the City of Englewood. STAFF SOURCE~!ran~ G7glewi~ Director of Finance and Administrative Services.~ Council Bill No. 45 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance appropriating the 2006 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.~ Council Bill No. 46 -Recommendation from the Department of Finance and Aaministrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: f?!'k <J~glewip, Director of Finance and Administrative Services.~ (:ouncil Bill No. 47 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance appropriating the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: f,~~~ Grygl~iq, Director of Finance and Administrative Services.~ · Counci l Bill No 43 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2005 Mill Levy for collection in 2006 . STAFF sq~~<:E:,~rank Giyglewicz, Director of Finance and Administrative Services . ~ b . Approval of Ordinances on Second Reading . -tJ' c. Reso lutions and Motions . .rr- Please note: If you have a disability and need aux,liary aids or services, please notify the City of Englewood (303-762-2407) at least 48 hours in ad ance of when services are needed . Thank ou. ' . ... •' • • Englewood City Council Agenda O c tober 3, 2005 Page 4 12 . General Discussion : a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. 15. Adjoummeat. fj"::l_~ The following minutes were transmitted to City Council from September 16 to September 29, 2005: • Alliance for Commerce in Englewood meeting of June 9, 2005. • Election Commission meeting of June 8, 2005. • Keep Englewood Beautiful Commission meetings of June 14, July 12, and August 9, 2005 . • Urban Renewal Authority meeting of May 18, 2005. Please note: If you have a d1sabd11y and need ~xili.vy .ids or services, ~ nolify lhe Clly of En,lewood (303-762 -2407) at least 48 hours in .idv.ince of when services are needed. lllMlk ... ( 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Session September 19, 2005 0 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:35 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge or Allegiancc The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present: Absent: A quorum was present. Also present : Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Assistant City Attorney Reid Director Fonda, Utilities Director Gryglewicz, Finance and Administrative Services Director Kahm, Public Works Police Commander Sanchez, Safety Services Fire Battalion Chief Fox, Safety Services Operations Superintendent McCormick, Utilities 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTFS OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 6, 2005. Mayor Garrett said in front of us we have a correction to page 13 ·'Vote results should read motion~" and I believe we have some other corrections . Council Member Moore said on that same page it says I said "to loosely uphold the laws of the City." I don't know exactly what 1 said, but I meant to flip those words .. .I was loosely trying to recall our oath . So, if I could just get that flipped to maybe '"loosely, to uphold the laws of the City'/'" ... that may better refl t my intenuons. Ma yor Garrcu ked 1f there 1"Cre any other corrections. There were none . Vote results: Ayes Council Members Barrenune, Moore. Bradshaw, Garrell. Wololya. t • • Englewood City Council September 19, 2005 Page2 Woodward , Tomasso Nays: None Moti on carried . Minutes approved as corrected . 6. Recognition of Scheduled Public Comment ·• • • 0 (a) Chri s Hilton, Student Government Representative, and Todd Wynne , Ass istant Principal and Activities Coordinator , were present to di sc uss the Englewood High School Homecoming Parade . Mr. Wynne said Chris will be passing out something I have prepared for you that is a map of the homecoming route. We arc here, basically, to thank you for your continued support of the Englewood High School Homecoming Parade . We arc the onl y traditional high schoo l in the area and this homecoming event has been going on for a Jong time . We know there arc bud get cutbacks and all that and I know it is expensive to do thi s, but we would like to thank you for your support in carrying on thi s tradition . He said I am here if you have any questions for me . Coun cil Member Bradshaw said I think it is a very worthwhile thing . Being an Englewood alum myself.. .I won 't tell you what year ... but, we had our 40th reunion . Mr . Wynne said I am new and I don't know the actual number of years the parade has gone thi s route .... 30 plus years , I believe . Mayor Garrett sai d th ank yo u very much. We appreciate your coming and we will enjoy the parade . (b) Rachel Lord, past president and member of Associated Rcflcxologists of Colorado, and Adrianne Fahey, Admini strati ve Secretary o f American Reflexology Certification Board, were present to discuss information provided by the Ameri can Refle xology Certificati on Board which sets the national standards for Rcflcxologists. Ms. Fahey said I am past president and secretary of the Assoc iated Rcflcxologists of Colorado and the current Administrative Secretary for the Ameri can Reflexology Certification Board . Ms. Lord said I guess I am going to be the first speaker on reflexology . I would like to tell you a little bit about my bac kground . I have been in the medical profession for many , many years both in Western and Alternative medicine . I was an intensive care nurse at Swedish Medical Center for 15 years and now I have a holistic health clinic over on old Hampden. I practi ce mas sa ge therapy there , reflexology, herbal medicine and I also teach reflexology classes to prepare students for ce rtifi ca tion fr om the American Reflexology Certification Board . That Board is a Certification Board that sets the standards fo r edu cati on of refle xo logy in the country . So, the real reason I am here is to talk about ... one , the difference between refl exo logy and massage therapy. so that you can understand that , and the second reason , that you ha ve already alluded to, is th e need fo r th e ex emption or se paratio n of refl ex ol ogy from the prese nt ordinance that is in place fo r massa ge therapy in the City . So that is the reason. Ju st so yo u und ersta nd wh at refl exo logy is ... rcflcxology is the app lication of pressure in a very s pecifi c wa y to the hand s, feet and ex tern al car . It is usua ll y done for the purpose of elic iting the relaxatio n response . The re la xati on re spon se make s physio logi cal changes in the body. whic h all ow fo r heali ng to occur m the person . So. it is a very pos itive thing. It is si mpler than massage th erapy. It onl y requ ires th e removal of yo ur shoes and socks. And that is it. That is a good defi niti on of it. So , we arc as king for an exe mptio n of th at fro m the massage ord inance . There is a lot ou t there to ba c k th at up . The American Ma ss age T herapy Association is one of the mai n orga nizations for massage therapy in th e co untr y and they also strongly reco mmend th at any State or mun ici pality co nsidering li censurc. make re fl e xology exempt fr om it. They ha ve a mode l code proposa l and it is ca lled Exemptio n 3.05 and that says. "ask for exemption for perso ns who re s1n ct their ma nipul atio n of th e soft tiss ue of the body . to the hand , feet or cars and do not bold themsel ves out to be a mass age therapist o r do massage th erap y." So, th at is prett y muc h the definitio n of what a refle xologist is. So. even the Nati onal Ma ss age orga niza tio n is as king fo r a separat io n and an und erstand ing that the y are not the same . Within the reflex ology profe ss ion itse lf th ere is really a hierarc hy of organiza tions that work together and they go fro m a State, to a Nauonal to an Int ern ational level. On th e State leve l there is the Assoc iated Refl cxologists of Colorado. whic h I am a past pres id ent of and so is Adr ian ne. T hey work along wi th the Na ti onal Associatio n. whic h is the Refl exology Association of Am er ica. And between th e two of th em. th ere is a lot of commun ica tio n and an intenti on to make the pu blic more aware of re fl exo logy . und ers tood by peo ple and al so to create a safe enviro nme nt fo r re fl exologists to pracuce in . There is an Int ernat io nal Associa ti on. as well . which 1s ha ving an Int ernational Conve nt ion in Amsterdam right now , as we speak . Re nexology is very popular in other co untrie and it is a very we ll respec ted profession. There 1s also the American Reflexology Ce rt ifi cati on Board . whi ch Adrianne is gomg t talk about, which sets the tandards for education . And then there 1s another . A CARET. whi ch I another organization. that even accredits its school s and teachers . So, )"OU can sec that ' .. .• .. • • --- ( ( ( Englewood City Council September 19, 2005 Page3 0 D the profession itself is really trying to self-regulate and make it a respected profession in the community and make it so that people have safe practice ... that they arc not hurting anybody and the public is protected and yet reflexologists, as well, feel that they can proudly practice what they do. Ms. Adrianne Fahey said thank you Rachel. There is just one thing I want to comment about what Rachel said, she said that the American Reflexology Certification Board sets educational standards ... we do not. ACARET, which stands for the American Commission for the Accreditation of Reflexology Education and Training, is the organization that has the mission of setting the educational standards for reflexology. The American Reflexology Certification Board is simply an organization that was formed in 1991 and started testing in 1992 and their aim is to certify the competency of reflexology practitioners. We have a test ... there arc three prerequisites for testing. Number one is that an individual be at least 18 years of age or older; number two, they have a high school diploma or the equivalent and number three, that they have at least 110 hours of hands-on, in-class instruction through certification, if available. Now, most reputable reflexology schools have at least a 200 hour program of which 110 hours of that is hands-on, in-class instruction on reflexology. She said I just wanted to tell you a little bit about the comparisons between the massage national exam vasus reflexology national exam. Ours is a three-part examination. We have a written portion, comprised of 300 questions, which arc all multiple choice and/or true/false. There is a practical portion, which the National Massage Therapy Association does not have ... they do not have a practical. .. wc do, it is a 30 minute practical, where an individual is asked to worlt on a proctor's feet. They arc asked to work specific reflex point areas. They arc asked general questions that a first time individual might ask of a practitioner, when they first come for a reflexology session ... they ask general questions about the reflexology field in general. And then, there is a documented portion, where they have to go out and work on 30 people, three times each for a total of 90 sessions. They have to document those on ARCB fonns according to our standards. And, they have to pass all three portions of this test in order to be nationally certified through ARCB. She said I also would like to talk about some of the legal precedents. You received some handouts prior to this meeting tonight. One was relative to the Henderson, Nevada Reflexology Code. There have been 32 states that have enacted statewide massage laws and of those states, 8 of them have exemptions for reflexology from those laws and there arc actually two states in the United States that have separate reflexology laws ... they are North Dakota and Tennessee. Tennessee is more of a registration license, but North Dakota has its own educational standards, requirements and that son of thing. Municipalities and counties arc also exempting reflexology from the -massage law. San Diego. California is one and Gwinnett County, Georgia is another. So, some are establishing sepanlC ordinances and some arc exempting reflexology from the massage law. So, wc arc respectfully requesting either an exemption or. as you DOied in your discussion group. a separate ordinance for reflexology. because it really is different from massage. We arc also requesting this, because it is one of the safest modalities out there . I did talk with the Associated Body Work and Massage Professionals in Evergreen. They provide liability insurance to body workcn. The ABMP, as they arc known. and the IMA Group, are the two leading liability insurers, insuring a lot of these different body work modalities. I happened to talk to them the other day and I asked them if they had had any claims against any reflcxologisu. Debbie. in the insurance department over there, said that in the two years she has been working there. she has never heard of anyone who has filed a liability claim against a reflexologist. So. for those reasons, wc either would respectfully request an exemption or, if you sec fit . to ha ve a separate ordinance for reflexology . We thank you very much for your time and attention . Mayor G arrett said thank yo u very much . He sa id as you probably heard at our Study Session. wc are having the finance gro up look at a separation between massage therapy and reflexology, so that will be ongoing . We will have a fairly reasonable turn aro und o n that . 7. Recognition of Unscheduled Public Comment (a ) Zac hary Brinkerhoff said I am a reflexologist, that is one who studies the reflexes. A reflexologist pe rforms reflexoc urc ... s imilar to pedicure. The word cure comes from the Latin word cura .. .it means to care for. A pedi c urist c ares for the feet and a reflexologist cares for the reflexes and what effect they might have on the body ... sirnilar to ac upu nc ture, o nl y we don 't use needles . So . if that helps you to understand what we arc tallting about tonight ... hallelujah . I come as a Director o f studie s o f the Modem Institute of Reflexology . It turned out. after the fact ... anli I observed the o utco me o f the trial I went thro ugh in the State of Colorado ... that wc were the first school of reflexology to become State approved and re gulated under private occupational schools. So. it was son of an honor and other schools have followed in o ur stead . The United States Department of Education told me that when we get IO schools of reflexology across the nation, the U.S . Department o f Educ at ion will gi ve us our own certified instructional program code. In the State of Colorado, our sc hool a re a pproved under the CIP Code 12.0405 massage. That made a lot of my colleagues upset, but it has really worked 10 our advant age across the United Stat es. For example. in the State of Delaware one of our gradiwes was tl8"11Cd in b y a m sage thera p ist fo r pract icing wi thou1 a lice nse . He was working out of a c hiropraclor's office and he called me up in a t ... • • -- • Englewood City Council September 19, 2005 Page4 panic and said "I am going to Pennsylvania where your school is accepted." I said no Dave, our graduates don't duck tail and run, you stand and we will stand with you. He did and to make that long story short, condense it into 5 minutes, he not only got his license through the Board of Massage. After examining his credentials, the State said go to the Massage Board of the State of Delaware and tell them to give you a massage technician license. He did, they examined his credentials, as the State had, and based on the credentials from the Modem Institute of Reflexology, he is now able to practice legally in the State of Delaware. So really watch out for the wrong schools and try to protect them. Ours was good enough to get him under the wire ... it also set a ptecedent all across the United States for people who have the credential from our school. That is all you have to do is go to the massage board, if there is one ... in Colorado there isn't...and you can get them to issue you a massage technician license, based on your credentials from Modem Institute. Now all of our graduates can practice if they have a massage law, without any problem, as a massage technician ... doing reflexology. Gwinnett County, you heard about that from Ms. Fahey, that was one of our graduates down there that ran into a massage law with Gwinnett County. Gwinnett County, you all heard about that. .. it is notorious ... with the runaway bride, wetbacks as they call them down there and a couple of other incidents ... the black guy that killed a bunch of people. Well, Gwinnett County called our graduate to task and they required that she be a massage therapist. I told her to stand her ground and pray and she did. She ended up sending the Board a lot of information. The whole story is on my web site, so write this down ... since I only have 5 minutes my website will finish my story, so get your pencil out. ... www.reflexologyinstitute.com. By the way, as you heard from Adrianne, they ended up changing the law and making a special exemption for reflexologist in Gwinnett County, Georgia ... so she is now a practicing reflexologist. And incidentally, the National Certification Board for Massage Therapy and Body Work said she could take the test based on her credential. She didn't have to go through all those extra studies, since we don't teach massage therapy and it was really a blessing. I am going to leave this packet of pages from my website covering some of these vital topics, for people that don't want to take the time to do it. Also, I have a little packet on our school, what a student goes through to get signed up, legally, in the State ofColorado ... we have a contract ... a private occupational school, and you understand all that. So I assume my time is up and if it isn't, I'm going to quit early and leave a good taste in your mouth. Remember www.reflexologyinstitute.com. We stand for not just reflexology, but full spectrum reflexology and it will tell you on the website what that is all about. Thank you. Mayor Garrett said thank you very much. Council Member Woodward said may I ask, where is your school? Mr. Brinkerhoff said mine is at 7063 West Colfu. We have a 3000 square foot facility . Our program is primarily home-study. We don't want to make reflexology too complicated ... let's keep it simple. You can be out barefooted and walk on the rocks and get the same thing I'd do to you in our clinic, for all practical purposes. So, this is what I tell people. Let's just keep it simple. So if you want to pay me, I'll work on you or you could put on your socks and walk in the gravel driveway. Incidentally, I bad a lady come in and I worked on her back, her back pain went away ... rclaxation is great, but a lot of things go on with relaxation ... side benefits. And so the next thing, she called to tell me her back pain was·coming back, so I said find a gravel driveway and she did. Call me tomorrow, I said. and she did . I said how do you feel, did you walk an hour like I told you to, with cotton socks on the gravel driveway. She said yes, but I ended it in five minutes, my back pain went away and I said since the gravel driveway was so far away, did you bring some rocks home? He said you sec I am trying to help you understand, reflexology isn't complicated. Let's not make a big mountain out of a molehill. She said oh yeah man, five minutes of that and I brought some rocks home with me. She said .. .in about a week I'm going to LA and he said, be sure to take your rocks with you. She said I am already packed. Mayor Garrett said thank you very much. Co uncil Member Bradshaw said thank you Zachary . (b) David Baker, 4588 South Grant Street. said I would just like to say, first off, that I am very honored to be speaking to the Cuy Co uncil this evening. I am. actually. here for a pretty good reason. I am pretty sure that I am the only real live standup comedian that actually lives in the Ciry of Englewood and if I'm not, well. then the other one must not be very good. because I· m not getting much competition as of late. But I have been doing shows since I moved here, since March. My parents have lived here for many, many years and I am going to continue on that course. My father is actually an an urance adJus1or. Righi now he is in Biloxi. Mississippi. because of the hurricane . He is probably going to be down there fo r a year. And the Englewood School Distncl came to me, as well u a bunch of other people, and wanted me to put on a s hO\,. pro bono, ompletely for humcanc relief ... JUSI for the Red Cross. for anything. I didn '1 get a chance to really talk to Mr. Wynne. who was here just a little while ago. but I have talked to pnncipals from Sinclair and Cherrelyn, as well u the o ther pnnc1pal from Englewood High School . I am coming to you guys tonight, because I would like to sec if we could put a ' ... .. • • ( ( E111lewood City Council September 19, 2005 Page5 venue ... put something together that would make Englewood look good ... for the School District . This would be my first charity event and I can think of no better reason for me to go out and make people laugh than for money for people who have no reason to laugh . I thank you for your time and I will answer any questions you like. Council Member Woodward said David, when is your event? Mr. Baker said we do not have anything set right now . This was brought to me about four days ago, actually, when I contacted a member of the City Council . I am not real sure who I did talk to, but I was invited to this meeting tonight to speak before you all. Thank you very much for letting me come. Mayor Garrett said you could call the City Manager's office at 303-762-2310. Mr. Garrett said ask for Carol as she does a lot of our event stuff and she could probably help you . Mr. Baker said docs it sound like a good idea for you guys? City Manager Scars said Carol McGuigan is her name, but you could probably talk to Mike Aaherty. our Assistant City Manager. We have a lot of employees who are very interested in doing an event with Red Bird Fums. We have done some other things for 9-11 and we arc trying to put some things together and could work with you to be part of that whole lhing . Mr . Baker said the reason why I was getting tile Englewood School District together is because my shows are good for all ages . I don't talk nasty or do any bad stuff. Kids really find nothing more funny than to listen to the stupid things I did as a child, trying to figure out adolescence. So, if we could make this a joint effort, it would mean so much to me, bccaulc it would make Englewood look good. I'm from South Carolina, but I have never lived in a city where I have felt more at home than I have in Englewood . I have been here since March. Thank you so much for your time . (c) Robert Mc Vay, 3462 South Grant, said I just want to find out about a rumor going around that the City is going to buy up all the old houses and put in a shopping mart. Everybody has asked me why, and I don't know, so I thought I would come and find out whether it is true or not. Mayor Garrett said would this be the 3400 block of South Grant? Mr. McVay said yes. Council Member Bradshaw said it is not true. Mr. Mc Vay said not truc7 Mr. Ganett said we haven't talked about iL Mr. McVay said okay, well that is what I wanted to find out. Everybody 1w been asking me, since I'm a block caplain and I said I don't know . So I said I would have to come down and find out. Thank you very much . Council Member Woodward said I was out in the community this weekend and I had the same question asked of me . I said I am not aware of it and. being on Council, I would expect to be aware of something like that, but I have heard nothing of this. I don't know where this rumor 51ar1Cd . Mr. Mc Vay said I don't either. Mr. Woodward said as far as I know there is absolutely no truth to it. Mayor Garrett said that is from the City's perspective. There could be some private individual out there that could be doing something, but not the City . Council Member Tomasso said is it the Masonic Project. where they arc redeveloping the Masonic Lodac into the condos and the offices ? Ms . Bradshaw said that would be 3500. Mr. Mc Vay said yes, the 3500 block. However. Council Member Barrentine said. if you cut any deals, or sign any contracts, would you let us know? Mr . Mc Vay said I would gladly ... l 've been there since 1948 and I don't want to move either. Thank you very much . Coun cil Member Brad shaw said John just brought up a point. .. go ahead . Council Member Moore said we recently had a property here that wu talkina about multi-family hollsin& or letting up an apar1ment .. .I be li eve that was in the 3400 block of South Grant, wasn't it? Mr. Tomasso said that was Loaan. M,. Bradshaw said no. no you guys. it is the lot on Grant and Girard and they have lowered the price . Now it is for sale at the bargain price of $279.000 .00 . But. Mr . Mc Vay, I think there i someone who wants to develop that comer loc 1h11 has been for sa le for a long time. and the Ci ty has nothing to do with that. (d) Ah ce Hanna. 4420 South Elati Street. said I am the current Presidenr of Enpewood Unleuhed. I s u ceeded Greg Kamer . I JUSt wa.nted to follow-up on the d1SCU5'IOII that we had at lhe Study SculOII. Fust of all I wanled to thank Cuy Council. the Paru and Rccrcauon Corruru ion. the Parks and Rccrution Deputmenc and lbt City Mauser 's I• t • • Englewood City Council September 19, 2005 Page6 ~ ·~ office, because it has been three years of constant discussions and meetings and the Council meetings and I know this is an issue that wc all want to resolve and move forward and get something on line for the future. I want to talk a little bit about the water study and the stewardship issue. I know I am kind of recapping on what was discussed at the Study Session. But, Englewood Unleashed started a year ago, exactly for this reason ... to be a steward of the community ... the off-leash community. One thing that was interesting, about that water study, is that they did all these reviews, but there was not another formal off-leash organization that adopted any of these off-leash parks. So, I think one of the crucial ways for this to be a very positive community event. is to have Englewood Unleashed work hands-on with the community and the City to work on this in the future . We did discuss the red, yellow, green light system and we have talked with the Parks and Recreation Department about that extensively, and I think that is a very good idea. There are a lot of people who have gone to Denver parks and they have seen this in effect and it works, because the City at any time can go ahead and say "listen g uys, you need to pick up after yourself, we are going to yellow and if you don't do it within this time frame , we are going to shut you down and you can't come back and enjoy this park until wc actually do have compliance". You know we all are water drinkers as well and I don't have bottled water, so I want clean water ... so I think this is an issue that concerns all of us . It is not just that we want an off-leash park, but wc wlllll a clean off-leash park. We also don't want to go to an off-leash park that is dirty. Already, we have monthly cleanups at Jason Park. Many people here participated in a brunch and off-leash park cleanup yesterday. You know some people don't pick up after their dogs, but we do sclf-cnforcemcnL If you come there with your dog and your dog goes to the bathroom and no one is picking it up, there are lots of people who have no qualms about telling you to pick up after your dog. The City doesn't provide the poop bags ... so wc actually bring the poop bags to the park. We constantly have an e-mail list and we send out e-mails telling people that they need bags and also just to make sure that they do clean up after their dogs. We would actually like to come to some resolution on this issue. I know there was discussion at the Study Session, but I am not quite sure what the next step is. I don't know if you need to actually vote to go forward with this, but if you do, I would really appreciate it if you could clarify, so that we can start soliciting donations. We have several corporations that are inter-eaed in donating, but they really don't want to until they know that we are going forward with this. We also have several fund raiaina events that we planned, but we can't really promote it unless we have a park to dedicate the funds to. We also have people who have not joined Englewood Unlcuhed. became they have been seeing this going on for three years and this is a lot of talk and wc have been working back and forth. but they really want some results. I think there will be a lot 1111ft excitement in the off-leuh community, bccauae it will be somedling positive. We already have about 75 members right now, plus a lot of people who arc involved. but just not u official members. So, I would ask for a vote, if possible, to go forward with Belleview and I appreciate all your time and efforts in thi s regard. Thank you. Mayo r Garrett said thank you very much. He said as a clarification this Council has approprialc,d $50,000.00 in the 2005 budget for various activities ... which we did last year. We have spent approximately $30,000.00 of that IO do two different studies. Co uncil said, basically, by conscnsus ... no , not by consen us ... bu1 , Council said to go forward and lpClld the rest of the $20.000.00 for 2005 on a series of items, which I don't have in front of me . But that included lhinp up to that water q uality a nd the silt and the seeding. In the budget, currently, there is $50,000.00 allocalcd to this project from Open Space Fund in the budget for 2006. In a few seconds we will o pen up a Public Hearing on the 2006 Proposed BudF(. We then will have a d isc ussion o n Saturday o n the 2006 Budget and then it will go 10 readi ngs o n the first and third Mondays in October. If it goes through the p rocess and stays a part of the budget, then it is part of the budget that we have a pproved for 2006. T hat is basicall y the process. Council Me mber Woodward said we have moved forward with the balance o f the funds for 2005 to move forward with the wo rk . Cou nc il Me mber Wo losyn said as I asked during the meeting. I g uess that means you can bcp n immcdialdy. 8 . CommunlcalJoas, Proclllmatiom and Ap~ (a) An e-mai l fro m Vale ri e Passenni announci ng her res ignation from the Keep Enalewood Beautiful Commission was considered . C O UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGllET, THE R ES IGNATION or VA LERIE PASSERJNI FROM THE KEEP ENGLEWOOD BEAUTlnJL COMMIBON. Council Member Woodward said Valene was a huge pan of Keep Englewood Beautiful. She wu the COOldinator llus year of the SK race and he Just brought a lot of energy and did a lot for that Comm1ss10n. t .. • • , \ (J Englewood City Council September 19, 2005 Page7 Mayor Garrett asked if there were any comments . There were none. Vote results: Motion carried . (b) was considered. Ayes: Nays : Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None An e-mail from Eric Crotty announcing his resignation from the Keep Englewood Beautiful Commission COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RFSIGNATION OF ERIC CROTTY FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Council Member Wolos yn said Eric was a very good Chair and led us through some bumpy times. Mayor Garrett asked if there were any comments . There were none . Vote results: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried. 9. Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I) and 9 (c) (I), (U) and (W). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 39, INfRODUCED BY COUNCIL MEMBER BRADSHAW A BI LL FOR AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND WILDACRES. LLC FOR A TWO INCH (2") UNDERGROUND WATER SERVICE CROSSING OF THE CITY DITCH. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 42, SERIES OF 2005 (COUNCIL BILL NO. 40, lNTRODUCED BY COU ClL MEMBER BRADSHAW) ORDI ANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION PROPERTY LOCATED AT 4165 SOUTH WASHINGTON STREET IN THE CITY OF ENGLEWOOD, COLORADO. (c) Resolutions and Motions ( 1 l RESOLUTION NO . 77. SERlES OF 2005 A RESOLUTIO AUTHORIZING APPLICATION FOR THE 2007-2012 TRANSPORTATION IMPROVEMENT PROGR M (11) Contract with Premier Specialty Contractors for repair of the east tanl. of the South Clarbon tree! rc;en o1 . in the amount ofS.l61.285 .00. - t .· .. ,• • • Englewood City Council September 19, 2005 Page8 (iii ) Contract with Genesee Builders, Inc . for the replacement of the distribution system discharge pump valve and actuator, in the amount of $188,300.00. Vote results: Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Motion carried. 10. PubUc Hearing Items (a) Mayor Garrett said this is a Public Hearing to gather input on the City of Englewood's proposed Budget for 2006. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN fflE PUBLIC HEARING TO GA TUER INPUT ON THE CITY OF ENGLEWOOD'S PROPOSED BUDGET FOR 2006. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Mot ion carried and the public hearing opened. Director Gryglewicz, being duly sworn, said I provided the City Clerk with Proof of Publication from the Englewood Herald, o f thi s Public Hearing. It was published on September 9 and 16, 2005 . This is a Public Hearing to gather citizen input regarding the proposed 2006 Budget which was delivered to City Council last Thursday, September 15 , 2005 as required by City Charter. I also wanted to mention that a Budget Workshop will be held this Saturday, September 24•, I would like to give just a real quick overview of the General Fund. At this time, in the General Fund ... which is the Fund tbal provides the ( majority of services 10 the citizens of the City ... the total soun:es of funds arc approximately $36.3 million, with total uses of $36.7 million and that leaves an approximate unreserved, undeaignatcd fund balance of $4.9 million. And one item ... tbat is not ir, the proposed Budget .. .is a subsequent event ... that was the refunding of the Certificates of Participation, wbicb will save a pproximately $612,000.00 in 2006. Mayor Garrell asked if there were any questions. 1bcrc were none. Mayo r Garrett asked if there was anyone who would like 10 come forward to speak on the budget. 1bcrc was no one. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDD>, TO CLOSE TIIE PUBLIC HEARING TO GATHER INPUT ON THE CITY OF ENGLEWOOD'S PROPOSED BUDGET FOR 2006. Ayes: Council Members Barrentine , Moore. Bradsha w, Garren, Wolosyn, Woodward, Tomasso Nays: None Mouon carried and the public hearing closed. Mayor Garrell said, as Mr. Gryglew1cz said, we will have a workshop on Saturday and then we will have two readings in October on the budget. 11 . Ordinances, Resolutioa aod Motions (a) Approval of Ordinances o n First Reading There were no additional nems sub m1ucd ~ r approval o n first reading . (Sec Agenda Item 9 -Consent Agenda .) (b) Approval of Ordinances on Second Readin& There were no add,uonal items ubrruued for approval on second read1111 . (See Acea Item 9 -Colllent AJIC(lda.) (cJ Rcsoluuon nd Mo11ons ' • • Englewood City Council September 19, 2005 Page9 There were no additional resolution~ or motions submitted for approval. (See Agenda Item 9 -Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Garren said in your packet, A & A Tradin' Post, which has been in Englewood for 50 years, has requested that we pass a proclamation recognizing that fact. I think it would probably be a good idea and would suggest that we do that at the next Council meeting. Ms. Bradshaw said is that in time for their celebration? Mr . Garrett said theirs is on the 8111 and our meeting is on the 3rd . Ms. Bradshaw said okay, good. Mayor Garrett said they aslced me to come and help facilitate the festivities. Council Member Woodward said that is a place that has been around town, well before I came here, but it is always the place that you can go to find that odd linlc thing. I think they are a great part of the community. So. Mayor Garrett :.aid. we will have the proclamatio11 on October 3rd . (b) Council Members' Choice (i) Council Member Barrentine: I . She said I was a little confused by some of the conversation that was going on. You said that, by consensus, ft had agreed to go ahead and start on this ... on doing the dog park. Mayor Garrett said I retnlCted that. Ms . Barrentine said I am against, and have been in the past, and still am, about things being done in Study Session and if that is what is going to happen, that it be brought to a vote here . We arc appropriating for some property, potentially. not only in this year's budget. but also next year's budget ... for what could amount to $130,000.00 and I think it is important for that to be voted on. It was my understanding that we were moving this over into the budget discussion. but if that is not the case, then I think that we should vote on whether we move forward on starting this project. Mayor Garrett said I withdrew the consensus remark immediately, because I knew that was not the case. Ms. Barrentine said then Olga followed it up with the conuncnt that it would just start. Well. Mayor Garrett said. the $20,000.00 was a prior appropriation from the 2005 budget, so, basically, Council said what we had talked about with Parks and Recreation and the other party ... that they would not use that money until Council gave the go ahead . even though it was already appropriated in the 2005 budget. The $50.000.00. for the 2006 budget. is in the budget and if the budget 1s approved. with it in it, then it is in there and that will be presented to us at the two Council meetings in Oc1obcr. M s. Barrentine sa id that 1s not with the understanding that it would be used to do the dog park. That was with the understand mg that we would go ahead and at least start the studic and that a decision would be made after the tudies came through . And now that pi ece has happened , but the second part hasn't. I do understand what you arc saying, but if you have taken back that consens us remark and we arc not automatically going forward with it until we do the budget piece. then I apologize . Mayor Gp.rrett said the $50.000.00 for ncllt year is in the budget and it depends on how the budget puses. if it is in it or not and if the budget passes or not. He said is that okay? Ms. Barrenunc said okay and thank you. Mayor Garren said I apologize for the consensus remark. II was a slip . M s . Barre ntine sai d okay . Well. like I said. when we arc comrruttmg funds. not only for this year. but for nellt. 11 is unponant for tho,c thing, not to be something that is done ,n Study Session and those vo1cs just need to happen. 2 . he a,d I wanted to thank the reflello logy people for conung and giving us additional 1nforma110n. I cerwnly learned a llreat deal. I'll try the rock thing . but I wanted to thank Shirley for seeing tht through. I appreciate the education, thunl )OU ' .. • • Englewood City Coundl September 19, 2005 Page 10 (ii) Council Member Woodwud ; I . He said KEB held their second weekend of their Household Hazardous Material Roundup this weekend, on Saturday. In addition 10 doing that, this weekend we collected for the Red Cross. So, as people came in we were able 10 collect some money that, hopefully, I will be able to take down 10 the Red Cross office, either tomorrow or Wednesday, for Katrina in the name of Keep Englewood Beautiful, the City of Englewood and the City of Little10n . 2 . He said, with regard to Katrina and the things the City is doing and some of the items of concern r.egarding donations, it was suggested to me by a citizen that we may be intaested in identifying a Sister City in Louisiana or in Mississippi and finding that particular city and working with them specifically to do what we can to help them . I am just throwing that out as a suggestion. 3. He said, again, I just want 10 acknowledge Englewood Unlcasbcd for what Ibey did for the Humane Society in delivering stuff for Katrina relief. I have an e-mail here indicating that they gave 30 hap of larse dog food, 4 cues of wet dog food. 10 cases of cat food ... item after item after item and it is just very complimentary of the thinp that they have done in the community over the last ... little more than a year that they have been in existence. That, I think, ia the stewardship that I'm talking about, when I'm talking about an off-leash park. Thank you. 13 . City Muqer's Report City Manager Scars did not have any rnaucrs 10 bring before Council. 14. City AUoraey'1 Report City Attorney Brournan did not have any matters to bring before Council. MOV .. TO~?Z n.-.i,-d•&"2p• ~-L.Q.!!:..~~~~::. () PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT 1 DATE: October 3, 2005 PLEASE U..,. YOUR PRESENTATION TO FIVE IIINUTl8 / PLEASE PRINT NAME ADDRESS { 1bPIC f A:...r ioML F°M' , ,tfJJ W JS'!!' Awwc.. Aotuc.,CC SoiY?. ~ eewuti.t J RJlo~ '1 "cid. ..... ,~......, /\:c ,Jt.,..j haz,4 1c(} ?.rl\..St ,A..u•t,ulo 4P'F,~ e11oR tt...£u4c-- • • PROCLAMATION WHEREAS, A & A Tradin' Post has been an important part of the Englewood community since 1955; and WHEREAS, A & A Tradin' Post is the oldest ACE Hardware cooperative affiliate in Colorado; and WHEREAS, A & A Tradin' Post is a third-generation business in Englewood, with a long history of service and community involvement; and WHEREAS, A & A Tradin' Post has partnered with the Gty of Englewood on various safety education campaigns; and WHEREAS, A & A Tradin' Post has worked with Englewood Neighborhood Watch to promote community safety; and WHEREAS, A & A Tradin' Post will celebrate its 50., Anniversary on October 8, 2005;and WHEREAS, the Englewood City Council wishes to congratulate the owners and staff of A & A Tradin' Post on their success and commend them for their service to the community; NOW, THEREFORE. I, Douglas Garrett. Mayor of the City of Englewood, Colorado. hereby proclaim October 8, 2005 as ACE A & A Tradin' Post Day in Englewood ADOPTED AND APP ROVED this 3n1 day of October, 2005. Douglas Garrett. Mayor COUNCIL COMMUNICATION Date: Agenda Item: Subject October 3, 2005 9 a i Bill for an Ordinance Making Changes to Title 4, Chapter 4, Sales and Use Tax Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this topic with City of Englewood staff on September 19, 2005 and agreed to move forward with changes included in the attached Bill for an Ordinance. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance making a variety of additions and deletions to Title 4, Chapter 4 of the Englewood Municipal Code. Included in the changes are the ability for the City of Englewood to attach the real property and inventory of a business if taxes are not paid (4-4-9); adding the ability to lien real property and inventory until taxes are paid (4-4- 14); the ability to seize and sell real property and inventory of a tax debtor subject to liens (4-4-15). A housekeeping change includes language that changes ·human• to "home• in 4-4-4-3, as well as adding that "food or drink used by a business or commercial entity, served to customers or employees" is not food for home consumption and therefore not exempt from taxation. A new provision requiring a separate sales tax license for each physical location. is being added to 4- 4-4-4 to avoid confusion when businesses file tax returns. The bill for an ordinance also eliminates the provision allowing a taxpayer with two or more physical locations to file one return (4-4-4-7). Additional language is added to 4-4-7 that allows the sharing of otherwise confidential sales tax information wi th various other go, emment agencies. FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance t • • 0 ( ·• • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY ABll..LFOR COUNCIL BILL NO. SO INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING SALES AND USE TAX. WHEREAS, this ordinance makes housekeeping additions and deletions for consistency; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 4-4-1: SALES AND USE TAX. 4-4-4-3 : Exemptions to Sales Tax. A . Exempt Items: The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: 5. Sales o(food products which are to be consumed off the premises of the ._-.,..~:1...,-herein "food* means food which is advertised or marketed IIIM-l"lll>nsumption and sold in the same form, condition, quantities · g as is commonly sold by grocers. The term includes cereals ,otN11-d'i'P.,oJ products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The term "food* does not include chewing gum; spirituous malt or vinous liquors; cocktail mixes ; proprietary medicines; nostrums ; lozenges; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers; ice; pct foods ; food or drink purchased and used by a busjncss or commercial entity by serving to customers or employees <not resold}: food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays ; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "take out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. Section 2. The City Council of the City of Englewood, Colorado hereby amends -1- t .. .. • • Title 4, Chapter 4, Section 4, Subsection 4(A), of the Englewood Municipal Code 2000, to read as follows : 4-4-4-4: License for Retailer Required. A. It shalJ be unlawful for any person to engage in the business of making retail sales, as the same is defined herein, without first having obtained a license therefor, which license shall be granted and issued by the City License Officer, and shall be in force and effect until suspended or revoked. A separate license is required for each physical location within the city limits of the City of Englewood, Sectjop 3. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 4, Subsection 7(A), of the Englewood Municipal Code 2000, to read as follows: 4-4-4-7 : Sales Tax Returns. A. Every person required to obtain a sales tax license pursuant to the provisions of Section 4-4-4-4, shall file a sales tax return, with payment of tax owed, if any, upon the standard Municipal sales and use tax reporting form as adopted by the Executive Director of the Colorado Department of Revenue, not later than the twentieth day of each month for the preceding calendar month; provided, however, that if the accounting methods regularly employed by the licensed retailer in the transaction of his/her business, or other conditions, are such that reports of sales made on a calendar monthly basis will impose unnecessary hardship, the Director may, upon request of said retailer, accept reports at such intervals as will, in his/her opinion, better suit the convenience of the taxpayer, and will not jeopardize the collection of the tax~ :-eM; preYillell fuftlle,, that a retailer tleieg hllli11111111 ia lwe (2) e, me,e ple111 e, leeetie111 may tile eae retlll"II ee'leriftg all •eh l,111iaes11 eeti liti1111 ill the City. Sectjop 4 . The City Council of the City of Englewood, Colorado bcrcby amends Title 4, Chapter 4, Section 7, of the Englewood Municipal Code 2000, by the addition of a new paragraph 4, to read as follows: 4-4-7 : Tax Information Confidential. A . Except in accordance with judicial order, or as otherwise herein provided, the City shall not divulge any information gained from any return filed or as a result of any investigation or hearing held pursuant to the provisions of this Chapter. B. Nothing contained in this Section shall be construed to prohibit: 1. The delivery to a person, or to his duly authorized representative, of a copy of any return filed in connection with his tax; 2 . The publication of statistics so classified as to prevent the identification of particular reports or returns and the items thereof; 3 . The inspection by the City Attorney, or any other !cpl representative of the City, of the return or other information relating to any taxpayer who may become involved in litigation with the City in which the said information may become material. -2- ' ... .. • • --· C ( u .o ~ The Director is authorized to execute a memorandum of understanding with the State of Colorado Department of Revenue. department of revenue of any other state, the Commissioner of the Internal Revenue Service of the United States or a delegate. the county assessor or county treasurer of any county. or the proper official of any county. city, or town for any exchange of information c!assified under this section as confidential, provided that the governmental entity with whom the information has been exchanged agrees to abide by the provisioos of this City Tax Code pertaining to confidential information. Section S. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 9, Subsection B of the Englewood Municipal Code 2000, to read as follows: 4-4-9: Sale of Stock or Quitting Business. A . Any retailer who shall sell out his business or stock of goods or who shall quit business, shall be required to prepare and file a sales tax and use tax return as provided in this Chapter within fifteen (15) days subsequent to the date of the completion of said sale, or the quitting of business and the purchaser thereof, if any, shall be required to withhold sufficient of the purchase money to cover the amount of said tax due and unpaid, until such time as the said retailer shall produce a receipt from the City showing that all such taxes have been paid and that no further taxes arc due. 8. If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, and the tax shall be due and unpaid after the fifteen (15) day period allowed, such purchaser shall be penonally liable for the payment of the taxes unpaid by the former owner and the liens created by Section 4- 4-14 shall immediately attach to the personal property. cciJ property and inventory so purchased; provided, however, that the retailer so selling or quitting business shall not be relieved in any manner of bis liability for payment of any of said taxes due. Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 4 , Chapter 4 , Section 14, of the Englewood Municipal Code 2000, to read as follows : 4-4-14: Unpaid Tax a Prior Lien . A . · The taxes imposed by Section 4-4-5-1 shall constitute a first and prior lien upon any tangible personal property real property and inventory owned or used which is the subject of any transaction upon which said tax is due, until Ille -e i1 pat4,-said taxes are paid in run. B. The taxes imposed by Section 4-4-4-2 shall be a first and prior lien upon the goods! Md business fixtures~ inventory and real propcny owned or used by any retailer required by the provisions of Section 4-4-4-7 to submit a return and make payment of the taxes collected, e11eept Ille 1teelt er 1eelil helll fer Nie ill Ille eftli11a,y ee111'81 er ll111i11e11 , until said taxes are paid in full . -3- t ... .· • • ·• • 0 C . The liens created by subsections A and B above shall be construed to be liens and encumbrances upon the specific items of personal property, goods. business fixtures. real property and inventory therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. Section 7. _ The City Council of the City of Englewood, Colorado hereby amends Title 4 , Chapter 4, Section 15, of the Englewood Municipal Code 2000, to read as follows: 4-4-15: Enforcement of Taxes and Foreclosure of Liens. A . If any taxes, penalty or interest imposed by this Chapter and shown due by returns filed by the taxpayer, or as shown by assessment duly made as provided herein, arc not paid within fifteen ( I 5) days after the same arc due, the City shall issue a warrant under its official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding him to levy upon, seize and sell sufficient personal property. real property and inventory of the tax debtor which is subject to the liens created by Section 4-4-14 found within his county for the payment of the amount due, together with interest, penalties and costs. 8. Simultaneously with the issuance of said warrant, the City shall issue a notice of tax lien, setting forth the name of the taxpayer, the amount of the tax, penalties, interest and costs, the date of the accrual thereof, and that the City claims a first and prior lien therefor on the tangible personal property, real progeny and inventory of the taxpayer subject to said liens. C . Such notice shall be on forms prepared by the City, shall be verified and shall be filed in the office of the clerk and recorder of any county in this State in which the taxpayer owns tangible personal property. real propcny and inventory subject to said li ens . D . Upon the filing of said notice of lien. the effective date of said lien shall relate back to the date of the first taxable transaction for which any tax is due. Section 8. Safety C lauses. The Ci ty Council he reby fmds . determines, and declares that th is Ordinance is promulgated under the general police power of the City of Eng lewood, that it is promulgated for the health, safety , and welfare of the public , and that th is Ordinance is necessary fo r the preservation of health and safety and for the protection of public convenience and welfare . The City Council further dete rmines that th e Ord inance bears a rational rel ation to the proper legislative object sought to be obtained . Section 9 . Sevenbj)jty, If any clause, sentence, paragraph. or part of this O rd inance or the application thereof to any pcnon or circumstances shall for any reason be adj ud ged by a court of competent j urisdictioli invalid, such judgment shall not a ffe ct, impai r or inval id ate the remainder of this Ordinance or its application to oth er persons or circumstances . -4- ' .. .. • • Sectiog 10. lpgm•iemt Qrdioeor&1, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 11 . Effect of repeal or modification , The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have boen incurred under such provision, and each provision shall be treated and held u still remainina in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u weU u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proc«dinp, or prosecutions. Section 11 . ..fmll.tx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed OD first reading on the 3rd day of October, 200S . Published as a BiU for an Ordinance on the 7th day of October, 200S . Douglas Ganeu, Mayor ATTEST: Loucrishia A. EUis, City Clerk I, Loucrisbia A. EUis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introducod, read in full , and passed on first reading on the 3rd day of October, 200S. Loucrishia A . EUis -5- ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 3, 2005 9 a ii Bill for an Ordinance Making Changes to Title 5, Chapter 3, Alcoholic Beverages Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this topic with City of Englewood staff on September 19, 2005 and agreed to move forward with the attached Bill for an Ordinance. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance making housekeeping additions and deletions to Title 5, Chapter 3, Alcoholic Beverages. The only substantive change is the deletion of the fee for concurrent review, which is not allowed by State Statute. FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance • • ( ( ORDINANCE NO. SERIES OF 2005 ·• • • BY AUTHORITY AIULLFOR D AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ALCOHOLIC BEVERAGES. WHEREAS, this ordinance makes housekeeping additions and deletions consistent with changes in the Colorado State Liquor Laws; 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 amends Title 5, Chapter 3, Section I, of the Englewood Municipal Code 2000, the following definitions shall be inserted in alphabetical order and will read as follows : 5-3-1 : Definitions Fermented Malt Beverages: Any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof, in water containing pot Jess than ope-halfofone percent alcohol by YPIYPIE and not more than three and two-tenths percent (3.2%} alcohol by weight or four percent (4%} of alcohol by volume, exceot that "fermented rpalt hevemse" shaU PPt iPclude confectiooeJY c2W:lioios alcohol within the limits on;scribgl bx Section 25-5::410 Cll CO@, CR S Medicinal spirituous liawors· Anx alcohol l>evmse excepting bes and wipe thN hp heen aged in wgod for four vears and bonded bx The United States government and is at Ieut one hundred nroof. Spirituous Liquors : Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing alcohol and which are fit for use for beverage purposes . And containmg one-half(l/2} ofone percent (1%} alcohol, by volume. Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be fermented malt 9L1D1J1 or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines ee11teifti11g that contain pot Jess than one- half 6..LJ.al of one percent (I%} alcohol , by volume but not exceeding twenty-one percent (21 %) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. ' • • Section 2 . The City Council of the City of Englewood, Colorado hereby amends Tide 5, Chapter 3A, Section 3, Subsection F, of the Englewood Municipal Code 2000, to read as follows : 5-3A-3 : Licensing Authority Established.• F. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the authority . The City Clerk or his designate ~sball attend the meetings of the authority . All public notice by publication in a newspaper and by the posting of signs, as required by the Colorado Liquor Code, shall be accomplished by the City Clerk. Section 3. The City Council of the City of Englewood, Colorado hereby amends Tide 5, Chapter 3A, Section 5, Subsection C, of the Englewood Municipal Code 2000, to read as follows : 5-3A-5 : Notice and Hearing Procedures. C. Public Hearing. I. The Licensing Authority shall promulgate rules of procedure for the conduct of all bearings on applications for licenses or for revocation or suspension of licenses. 2. The Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of penons and the production of papers, books and records necessary to the determination of any bearing which the Licensing Authority is authorized to conduct. It sball be uniawfui for any person to fail to comply with any subpoena issued by the authority in the proper conduct of its bearings. Tbe Municipal Court of the City sball enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall enter its orders compelling witnesses to attend and testify or produce books, 3 . · records or other evidence, and shall impose penalties of punishment for contempt in case of failure to comply with such orders. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State of Colorado. Upon failure of any witness to comp!y with such subpoena, the City Attorney shall, at the direction of the authority : a . Petition any judge of the Municipal Court of the City, setting forth that due notice has been given of the time and place ofattendance of the witness and the service of the subpoena, that the court, after bearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in~ of wilfltl..»:i.11.wl failure to comply with such order of court, or b . Petition the District Court in and for the County of Arapahoe , setting forth that due notice has been given of the time and place of attendance ' ( • • ( 0 ( ·• • • of the witness and the service of the subpoena, that the court after hearing evidence in suppon of or contrary to the petition, enter its order as in other civil actions, compelling witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. Section 4. The City Council of the City of Englewood, Colorado hereby reformats Title 5, Chapter 38, Section 3, Subsection B, of the Englewood Municipal Code 2000, into table format to read as follows: ARTICLE B . LICENSE CLASSIFICATIONS AND FEES 5-38-3: Annual License Fees and Occupation Tax. A. Annual license fees shall be paid to the City as provided by State law, shall be paid in advance, and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. Said fees shall be in addition to any annual license fees or registration fees required to be paid to the State. B. The business of selling at retail any fermented malt beverage, malt, vinous or spirituous liquors, is hereby defined and separately classified as an occupation as specified below. The following annual occupation taxes are hereby established and shall be paid by the applicant or licensee to the City: I. Retail liauor store $300.00 2 . Liauor-liccnsed druR store 300.00 3. Beer and wine 450.00 4. Hotel and restaurant 6SO.OO 5. Tavern 650.00 6 . Club 450.00 7. Arts 00.00 8. Brew pub 1SO.OO 9. Ontional premises 6SO.OO 10 . Ontional oremises with hotel/restaurant license 100.00 each ootional oremiscs 11. Bed and breakfast 00.00 12 . Mini bar 450.00 13 . All licensees licensed to sell fermented malt beverages 450.00 for consumption both on and off the oremises 14 . All licensees licensed to sell only fermented malt 450.00 beverages by the drink for consumption on the oremises IS . All licensees lice.nsed to sell only fermented malt 300.00 beverages in their original containers for consumption off th e premises Said taxes shall be in addition to the annual license fees paid to the City and the State and shall be paid prior to the issuance or renewal of the City license. No refund of any tax paid in accordance with this chapter shall be made to any person who discontinues or sells ' .· .. .. i • • • • 0 his/her business during the duration of the license; provided, however, that the new owner of any establishment, when approved as the new licensee, shall be credited on a daily basis for any occupation tax paid by the previous owner for the unexpired term of the previous owner's license. In addition to any other remedy provided by this chapter, the City shall have the right to recover all sums due and owing under this chapter by any civil remedy available under existing law. Furthermore, the provisions of Section 4-4-19, Englewood Municipal Code, 2000, "Unlawful Acts", is incorporated herein and made applicable thereto. Section 5. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 38, Section 4, of the Englewood Municipal Code 2000, to read as follows : 5-3B-4: Manager's License Required. Each licensee, including a hoteVrestaurant licensee, shall manage the licensed facility or special event himself/herself or shall have a separate and distinct manager who shall be registered by the licensee with the local licensing authority. When a licensee ceases to be the manager of the facility himself/herself, or his/her manager of record ceases to be the manager of said facility, the licensee shall notify the Cliy Clerk wilhiR ti•, e (S) lleys and shall designate a new registered manager within thirty (30) days. It shall be unlawful for the licensee to fail to comply with the requirements of this Section. There will be paid to this City a seventy-five dollar ($75 .00) registration fee to defray natural and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. Section 6 . _The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 38, Section 5, of the Englewood Municipal Code 2000, to read as follows: 5-38-5: Fees. Application fees for licenses shall be payable to the City as follows : A . New license $500.00 B. Transfer of location of existin2 license 500.00 c . Transfer of ownershio of existin2 license 500.00 D. Change of c, "'"rate structure for existin2 license : I. For each bat ·nd investigation conducted by the 100.00 City for each ,. . officer, director, stockholder or member ofa comoration or limited liability comoanv 2. Exemption to change of corporate structure background investi11ation: a . This fee shall not be charged for a nonprofit or2anization. E. Renewal of existin2 license 50.00 F. Temnorarv oermit oendin2 transfer of ownershio 100.00 G. Late fee for renewal applications filed within ninety (90) 500.00 davs after the exoiration date H, (;e11ellfftl11I ,e~•iew ~ These fees shall be in addition to any additional fees imposed by the State . { ' ... • • - C ( Section 7. The City Council of the City of Englewood, Colorado hereby amends Title S, Chapter 3B, Section 6, of the Englewood Municipal Code 2000, to read as follows: 5-3B-6: Receipt for Fees ; Display. Upon receipt of the taxes and license fees imposed by this chapter, the City's Financial Services Department shall issue a receipt showing the name of the person paying the same; Ifie 11r.1111al 11e,ieti fe, v.hieh Ille tM is 1'6ili and the location of the place of business for which the same is paid. The person operating the business shall at all times during the year keep the receipt posted in a conspicuous place on the premises. Section 8. The City Council of the City of Englewood, Colorado hereby amends Title S, Chapter 3B, Section 8, of the Englewood Municipal Code 2000, to read as follows: 5-3B-8 : Special Events Permit Fees . The Local Licensing Authority shall impose a fee (per eyent} for posting, investigation, and issuance of any special event permit as follows: A. Twenty-five dollars ($25 .00) for I malt beverage permit 8 . Twenty-five dollars ($25.00) for a malt, vinous and spirituous liquor permit. Said fees shall be in addition to any fees imposed by the State. Section 9. The City Council of the City of Englewood, Colondo hereby amends Title S, Chapter JC, Section 1, by the addition of a new Subeection C, of the Englewood Municipal Code 2000, to read as follows ~ 5-3C-l : Unlawful to Take Orders, Handle. ~: Uolaw{ul acta exceptions l-Except N proyjdp:l iP Sectjgp 18-12-122 C R,S it ii uplawfulfor 1PY PR19P ' £Al Io sell KIYG giye away di1P91C ot: CISMABS or dc;liypr SI' pgmig the pie seryins giyipg or orocurins ofapy aJcohpJ J>eyqage to a visiblx igtgxicatgt pqsop or to a kngwp hahityal dn1okeot !bl Io se ll, IRYF si xe awax dilP2K of FJsbePss w flslivs w pgmit Jbs yle, servin g KiY iDK or prpcuripg gfapy alcghgl heYGASC tow fw IPY PFPPP und er tbe ase of twmtx:9PF <21 l XFIP Sec tion 10 . The City Council of the City of Englewood, Colorado hereby amends Title S, Cha~ter 3C , Section 3, of the Englewood Municipal Code 2000, to read u follow s: 5-3C-3 : Unlawful to Possess Open Container oflntoxicatina Liquor in Public . t ... .. .. .. • • .. A. It shall be unlawful for any person to have in his possession or under his control in any public place any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken notwjthstandjng apy provjsjop ore Rs 12;4z- 421 to the coutrarv, a Licensee dpqibgt in Sµbsection 2 mav PGPPit a customer of the Licensee to reseaJ and mnove from the lic;ensed pn;mie PPG PPGPr4 F9Ptaiuer of oartiallx consumsxt vinom liauor nurchasq:l on the prqnisg so Ions M the oririoallx seaJe4 contains did not contaip more ghat 750 millititm of yipous liauor, 1.... The Provisions of this section wJI appJy to a LisePKC; !Al That is dulx license4 u a manufacturer's Licensee YP4s SestiPP 12-47- 402 a limitgi winery LiGGDMicSi nw1m: §ectiop 12-47-403 a J>eer IP4 wioe LiGGDMicSi YPder Section 12-47;409 a hgtc) apd m,tayrant LiGGDMicSi HP4Fr Section 12-47-411 a taxGJP Licensee ypdq Section 12-47-412 a brew oub LiceP1ee YP4s Sestion 12-47::415 or a xinmer·s rqtaygp\ LiGGDMicSi under Section 12-47-420 · and au ]bat a mal, u 4efioM in §ectigp 12::47-103 C20l available for comumntion PA the liGSiPIF4 W5'PiMil 8 . It shall be unlawful for any person to have in his possession or under his control any intoxicating liquor in any container of any kind or description, which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle when such vehicle is in a public place. This subsection shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle ii in a public place. C. Exemption : The Englewood Liquor Licensing Authority may grant a special events permit under the procedures set forth in the liquor code. 12: Cgpcemius aJcohglic bc;yqya ip motgr xslaickl .L. ExcEPI N othswiK pgmittpd ip pKMJlph ] I PFP9P while ip !he PIIKPBS area ofa motor xEbiclc thag is PP a public highway of this IWF or the risht-of· wav of a public highway of this stats mav P9J knowipgJx· Lil. Drink IP alcgholis htiYSMF gr OU. Have iu his or her Q91¥Miop IP PPRJ alcoholic beYSMc fr9IU:lios '-The orovisions of this SeitiPP CPl pll PPI IPRIY to · w PMKPsen pthsr thy Jhc drixs 111 frppt Ffl meemss locetn1 in the PIIKDSCC NA or I mgtgr xsNsk 4Pim4 maiptpjpgt fl' tpgl primarily for the trapmortagiqp of PFPAPI for f-OPl'YPMSim· (bl The POIKMiPP bx I PISKPRS othg thy the drixa " m,y lSf& PISS£DRSC of IP 9PCP alfr9bolis hcYRVC CAPttiW ip JN liyipg gyartqs of a house G9¥h hou.,e nils mgggr beJPC N dcfipp;I ip Spctiqp 42· 1 · t ( ( I , t ,• • • ( ( l- 0 102(57) C R,S, or trailer COAAh, M defined iP Section 42-1-102 (106)(a) ~ The possession of an open aloohoUc bcverase coutaiper in the area behind the last unrisht seat of a motor vehicle that is not C9uiPPF4 with a ~ £dl The oosscssiop of an PPCP alcoholic beverage ooptaips in an area pot npnnalJy occuPiest by the driver or a PMKPKS in a mgtgr vehicle Jhat is not eouioped with a qupk, A versoo who violates the prpyisiPPI of this Section ffil r,ommits a qaffic violatiPP and shall be oYQished pyguapt to the Eoslewogd Mppicipal Code, ~-~-Definitions. For purposes of this Section: 4/cobolic baeca«· Means a J>everase N defiuM in 23 CFR 1270 JCal Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos bottle or jug. Motor Vehicle· Means a vehicle driven or drawp by PJF&beniffl oows IP4 magyfagyrgl nrimatjJy for use on oublic hishwaxs but dog not include a xehiGle qperatqJ whaixelx op a rail or rails Qeen akoboUc ooecsgc conllliacc; MF:IPI a bgttls GM or othq rg;epgacJe that smllioe apy amount of alcoholic hsiYCRBC apd· £al. Jhat is 9PCP OJ hg I brpkFQ pl At au. The coplplls of which N5 gartjally IRP9Ygl. fs.t.Kngec Accs· Mc;ans tbs ND dgjpgl tg Kf1 tbs dtjyq pl NMCPRSJ )Yhilg I mgtgJ vehicle is in opqatjop IP4 ux area that is me4ilx IFfAlihk IP Jhc drim w a m:nBSt while in his or her SIJing oositiop, includios but PPl limited to tlas 1lPYc f9JDPIM!CPt Public Place: Property either owned or controlled by a governmental entity, and shall include any place open to the general public, either £Re or by payment of an entnoce fee, any sidewalk, street, alley , parking lot, park, poolroom, field house, stadium or ball park. Seal: Includes the regular and original tax seal applied by order of the United States government over the cap of each and every container of intoxicating beverages. Section 11.. Tne City Council of the City of Englewood. Colorado hereby amends Title 5, Chapter 3C, Section 5, Subsection B 2, of the Englewood Municipal Code 2000, to read u follows : 5-3C-5 : Illegal Possession or Consumption of Ethyl Alcohol by an Undera&e Pcnon. ' ... .. • • B. I. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. 2. Illegal 11eseessiea er eeMIIIBl'tiea efethyl aleehel hy 118 IHlll-ce 11-a llhall he 111111illhed hy a fine ef aet mere llNIB eae hllBdfed lleH8f!I (S 190.~, 1:Jie Cell!'"., 11po11 seateaeiag a defeadllllt l'llllllllllll te this .,....,..,h :I, a.)' ill Nllitiea te 1111) fiae, effler that the defeadllllt l'effePRI 11p te h.ea*) few (:14) helll'I ef-iil 11lllllie aeFl'iee, 11811 ~ fwther erller that the llefeadllllt sllhmit te 11811 eemplete 811 aleehel evalll8tiea er asse881Beat, 118 aleehel elhteetiea 11ro8f1111t; er 118 aleehel INMIBIBl l'fBllNMi at a11eh llefe&4allt's eWtl eli!leMe. Section 12. Safety CJauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 13 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 14. lncogsjstent QrrliD•DfP, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section IS, Effect of repeal or modjfication, The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u still remaining in force for the purposa of sumining any and all proper actions, suits, proceedinp, and ~ for the enfon:emmt or the penalty, forfeiture, or liability, u well u for the purpose of IIUltaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 16 . fm!!lty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 200S . ( t .. ( • • Published as a Bill for an Ordinance on the 7th day of October, 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 a Bill for an Ordinance, inlroduccd, read in full, and passed on first reading on the 3rd day of October, 200S . Loucrisbia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject October 3, 2005 9 a iii Bill for an Ordinance Making Changes to Title 5, Chapter 14, Arborists Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed this topic with City of Englewood staff on September 19, 2005 and agreed to move forward with housekeeping additions and deletions included in the attached Bill for an Ordinance. RECOMMENDED ACTION Staff recommends Council approve Code changes to Title 5, Chapter 14, requiring arborists licensed or applying for a license with the City of Englewood to have a current Arboricultural, Spraying and Trimming License. This license is available by taking a test administered by surrounding communities. The City of Lakewood will allow Englewood applicants to take the licensing test for no charge. FINANCIAL IMPACT None LIST OF ATIACHMENTS Bill for an Ordinance ORDINANCE NO. SERIES OF 2005 BY AUTHORITY N0.49 INTR.ODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE AMENDING TITLE S, CHAPTER 14, SECTION 3, ARBORIST OF THE ENGLEWOOD MUNICIPAL CODE 2000. I WHEREAS, this ordinance makes housekeeping additions and deletions for consistency; 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 amends Title S, Chapter 14, Section 3, and Subsection B, of the Englewood Municipal Code 2000, to read as follows: S-14: ARBORIST. S-14-3 : Application for License. B. No license shall be issued without the written approval of the Licensing Officer who shall first be satisfied of the competency of the applicant to engage in such business. M his er her lli!iereliea, the City Licensing Officer may eeeept requires currmt Arboricultural, spraying and trimming licenses from other jurisdictions as prima facie evidence that the applicant has satisfactorily completed Englewood licensing requirements. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severabj!jty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Otdinanccs or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -1- ' ... •' • • Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the pwposc of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings. or prosecutions. Section 6 . ..fml1ix. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 3rd day of October, 2005 . Published as a Bill for an Ordinance on the 7th day of October, 2005. Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above and forcaoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3rd day of October, 2005. Loucrisbia A. Ellis -2- ) ) COUNCIL COMMUNICATION Date: Agenda Item: Subject October 3, 2005 9 a iv Purchase of 2394 West Wesley Avenue Initiated By: Staff Source: Community Development Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has passed various ordinances authorizing intergovernmental agreements with Arapahoe Community College Arapahoe/Douglas Career and Technical School (ACTS) to build single-family residences during the school year at different sites in the City. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the purchase of a residential property located at 2394 West Wesley Avenue to be subdivided and used as future building sites for the ACTS partnership. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood first became involved with the Arapahoe Community College ACTS during 1985. The last house built by the students was completed in May, 2005 at 2377 West Wesley Avenue. The ACTS program serves Arapahoe Community College and five school districts including Englewood. Every student is exposed to all of the building trades (i .e. framing. drywall, masonry, electrica l, plumbing, HVAC, etc.). City staff will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46). A site contractor will be hired to coordinate the day-to-day building acti vi ties wi th the ACTS instructor and students. The house will be sold after completion of the project and the proceeds returned to Fund 46. Proceeds to purchase the site will be pro ided from the Housing Rehabilitation Fund and its assets . Staff negotiated the purchase of the subject property for fair market value. FINANCIAL IMPACT The e isling employees in Community Development are available to administer the project and their salaries and benefi ts are part of the City's contribution. Funds to purchase the property are avai lable through th e Housing Rehabilitation Fund and its assets . t • • LIST OF ATTACHMENTS Map of Neighborhood Contract to Buy and Sell Real Estate Letter from Carol O 'Brien , ACTS Director Bill for an Ordinance • • ·• ' 0 / \Pl SWl'f t .· ... .. . . • • WEST ',llSSAR AVE. ,, ,o, "1 -. ,,, , .. ,., .. . ' I I i I ' .. I I I I I ' I I I I I I l ' I I ON , ... ! <, Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI page 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES Bev Everhart Realty, Inc. AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING . ,, 6025 S . Quebec Streat, Suite 100 e. CONTRACT TO BUY AND SELL Centennial, Colorado 80111-4548 REAL ESTATE ~ (303) 798-2222 (303) 794-2821 Fax (RESIDENTIAL) e. J;R. ~T=-Dale: WEDNESDAY. SEPTEMBER 21, 2005 P..-chaePric:e: $225,000.00 ' 1. A!iBHMliHI, Buyer agree to buy, and the l.l1derslgned Seier ag,-to HI, the Pn,pel1y dlillned bolcM en lhe lllffla and conditions HI forth in 1hil c:onlnlc:I . .., 2. DEFINliD IEBMS, a. l!!m. Buyer. HOUSING REHAB/UTA TION FUND . will tak e title to the real property des cribed bolcM aa D Joint Tenants D Tenants In Common [J Other b. f.!2R!m.. The Property is lhe following legally described real estale: Lots 1 & 2 of Block 2 SOUTHLA WN GARDENS ANNEX in the County of ARAPAHOE , Colorado . commonly known aa No. 2394 W. Wesley Avenue Englewood COLORADO ,0110 . Street Address City St*8 ZJp together with the interests. easements. rights , benefits, imprCM1111111s and atlac;hed fildures appurtenant therato, II inlerat d Seier In vacaled streets and alley& ad~ !hereto, 8llC8pl as hnin excluded . c. P!IH 1n!! D!1!lll!!H, Item No. Reference Event Data or Deadllne 1 § 5a Loan Application Deadline NOT APPLICABLE 2 § 5b Loan Commitment Deadline NOT APPLICABLE 3 § 5c Buyer's Credn Information Deadline NOT APPLICABLE • 4 § 5c Disapproval of Buye(s Credn Deadline NOT APPLICABLE .. J 5 § 5d Existin g Loan Documents Deadline NOT APPLICABLE 6 § 5d Objection to Existing Loan Documents Deadline NOT APPLICABLE 7 § 5d Approval of Loan Transfer Deadtine NOT APPLICABLE 8 § 6a(4) Appraisal Deadline TUESOA Y, NOVEMBER 1, 2005 9 § 7a Title Deadline FRIDAY, SEPTEMBER 30, 2005 10 § 7c Survey Deadline NOT APPLICABLE 11 § 8c Survey Objection Deadline NOT APPLICABLE 12 § 7b Document Request Dead line NOT APPLICABLE 13 § 7d{2) Governing Documents Objection Deadline NOT APPLICABLE & § ea and Tille Objection Deadline 14 § 8b Off-Record Matters Deadline NOT APPLICABLE 15 § 8b Off-Record Matters Objection Deadline NOT APPI..JCABLE 16 § 81 Right Of First Refusal Deadline NOT APPLICABLE • • 17 § 10 Selle(s Property Disclosure Deadline NOT APPI..ICA8LE 18 § 10a Inspection Objection Deadline NOT APPI..JCA8LZ , The printed por1ions of this fom,. eJICePI d"'9renl/Med ldditionl , '-"-I apprlMld IIY .. Cakndo RMI Eal* Cammilaian. (CBS1-7-04) llu)w's inill*: ~ Sall(s inill*: --0064 052IM 13340006 Bev Everhart Realty, Inc . 3.17 PM 9/21/2005 PDF created with pdfFactory Pro trial version www .pdffactory,com - .,. Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRS,GRI page2 19 § 10b Resolution De8111ne NOT APPLICABLE 20 § 10c Property lnaurance Objection Deadline NOT APPLICABLE 21 § 11 Closln11Data TUESDAY, NOVElaER 15, 2005 22 § 16 Po-.ion Data TUESDAY, NOVElaER 15, 2005 23 § 16 PolMllion rme AFTVf CLOSING 24 § 27 Acceptance Deadline Data THURSDAY, S/!PTEaER JI, 2005 25 § 27 Acceptance Deadllne Time NOON ,. ' d. !lll1:l!m1n11, The lolowing .. I part ol lhil c:cntract: CLOSING INSTRUCTIONS AND EARNEST IIIONEY RECEIPT ... .. Nale: The I~ dlacloaure fom,s are -heel but .,. not I part ot lhil canlrld: NONE .. !1111l!!i1lllllll! 11! I11m1, A chect< c,r Simila' 11'11111 In I bar -tllal suc:11 prowlaion ii ~ The 1bbrw16on "NIA" means not appticlllle. The lllbfNation "MEC" (mulull UICU1lon ot 1h11 CGl'llract) _. h--upon--plflill h ... ligned lhil conltlcl 3. ~1.IIIIQ!tl a~g H~l.llll2!tl, The Pun:IIIH Price lncludaa .. fdlaolllr'I .... (lnCIUllanl): L flDlm. "lbchecl to .. Ploperty Ill the-ot .. -. ................................ "'COlllllmq fudurea . TV-· lnaidl llllpl-.wirtng 111d camedlng ~. plenla. "*'n. lDGr-._ inlllcam .,...... ~ kilchen lpplilnca, aprinkllr syallml -CllllrOII. bull-in -sysllml (lncWlng ---, ...... aps,as lndudlng --.-con1ro11; llld • • NONE OTHER • • .. li!S!lll12DI, The lolowlng -fbdu191 .,. e,a,ded from tlil NII: ·:, b. ....:.,j NONE c. "Pt!lll!lll P!S111!tll!, If on the Ploperty whether lllactled c,r nol on .. -ot 1h11 -.ct atonn windo,,a, llarm-._ ....._ and porch·-· awnings, binds, aa.na, window cowemga , a,r1a1n !Gda . drapery rods . hplKe "-11. hplKe ocre.,a. llrepllce .-. heating SI~. SIO<age sheds. and ...... If chect<ed . lhl following ... incalded. D Wator Softanere D lmollllflre Deeectora D a-t1r1r-o ........ Y8.._ (l'lcluding satelite dishes) Ind • • NONE OTHER • • d . T!J!!l!!r 11! e1112D1I em111tll!, The Personal Propeny IO be~• Claalng 11111 be canw,ed. llr s.llr. llw 11111 c1Nr ol all laxN (except pe,sonal prQl)erty-for h.,.. al c:ic.ing). lienl and~. _..,. Con\ll!)'ance shall be by bill ot ull c,r att. ll)pllcable iagll Ina.........._ • • 1 . P1!!!l!!ll l!!!I IISl!IIII f1Sllllla, OIIITTID Al INoU'PUCMLa The prinled poruona ot Iha fom, • .ap1 ..................... ,--approoed llf .. CGlaallo R..i IE .. C.......... (CU1•1-G4) Bev Everhart Rutty, Inc . ..,,... ... , ~ .......... _ -..... ,,,... 317 PM 1/2005 o..~ •-·-Ola•,__,,. PDF created with pdfFactory Pro trial version www .gdffactory .com - ( Prepal'9d by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI page3 t. Wflfr BIAMI, n. fallcloMng 1ega1y dacrhl .... righla: Aa 1111y exist Arty-rights lhal be~ t,y =p,e,a __ l_Wll_na_n_ty~--------------------clead or au. applcllbla legll lnuumlnl. 4. PURCHASE PRfCE AND IEBMI, .. m No. Rarence ~nt Amount §4 2 §4a 3 §411(1) 4 §411(2) 5 §4c Assumption Balance 8 §4d Sets or Primll Financing 7 a 8 §4e 10 nzs.000.00 •· e,rnns N9DtY, r11e EamNt Money .. 1art11 in 1h11 Mellon. in .. 1orm a1 BUSINESS CHECK . II part pawllWII al._ Purdae Price and -Ill .... ID and held l,r Land Tide CJuaranCN Con.,.ny ~ ManlJ Hallllr). In 11 --. an lllhalf al llall a... and Bliys. The E.-Man1Jd9poll lhll Ill lnlalwd...,, 1h11 c:anncl ....................... and ................. in writing for b pawllWII. The pertlel ullollm dlhlly d 1w Eamal Man1J dlpClll 1111w CIIU'I Cllllllllllf, f ..,, al or...,_ Clallng. In .__EamNtMoney..._ha ..,..s111i-1nt11atan...,.._,.,c11pa1111.....,. IDaUld.......,.tar .. ....,... al prlMdlng allonSlbla houllng ID Coklrado rwaldlnll. Slllr and Bu,-aa a 1111111 nl ..,. '* ,,.,, lnlnll acaung an .. Eam.a Money depoaitad with thee-, Money._ 1n thll "-8ctlan w1 be ........... lldl fllnd. b. NfwLoan. 11) tin fklS b91rt, OMITTED Al INAPl'UCMU 12) tin 3tssnl Loan, OMITTED AS IIW'l'UCA8L.I c. A11umption. OMITTED Al INAPl'UCAIIU d. Stl!tt or P&t•II Ftoancina. OMITTID AS IW'Pt ICU! I • ~ ~: Slllf'I ~:-_ ODl411121413MIOIII Bev Everhart Realty, Inc. 3:17 PM 9121/2005 °"~ e••--o..,. ,__,,. PDF created with pdfFactory Pro trial version www .pdffactory.com • t .. • • --. ·• • 0 Prepared by Bev Evorhart, Broker-Owner RIRE,CRS,CRB,GRI •. CHh at Ck>tloA, All amounts paid by Buyer II Cloaing including Caah II Cloaing, plus Buyer's dosing COllla , shal be In funds which comply wilh III applicable Cckndo INI. which include cash, -!Janifer funds , certified chec:I<. NW1111 and loan teller's checl< and cashier's clleck (Gocxt Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. •· Loan Appllcapon, OMITTED AS INAPl'LJCA8l.E b. bPID CgmmNpnpnt, OMITTED AS INAPPUCAIIU! C. Credit lofonnatjon. OMITTED AS INAPPL.ICMU! d. h!IVDA Loan B•Yn 011mED AS INAPPUCA8LE •• APPRAISAL PROVISIONS, 11. Appralf•• Condition, D 111 No Apmlff• Condition. D 121 ~ "is~ ...... ~ any°'*.---a1 ... connc1. .... Pwctla« (Buyer) page-4 ahal nal be~ lo~._~ al .. Pr-,y claatled -.. 111 incur any panally bylarfaibft al e-t Maney ....... alwwiseU111eulhe ~(Buyer)ha toe.lgi'Mlinacconlanca ... HUOIFHA .. vA....-a....,_by ... Fedlral Housing Commissioner, V--.t.dr,.,..llior, ... a Dlrwcl ~ landar Mling tart, .. _... -al._ Pn,pa,ty al na11aa1..., ----------· The Purdlas (lluylr) 111111 '-.. p,Mlage nl aplon al p,-..g will CGIIIUfflffllll al ... connct ......,. •191'd toe......,. a1 ... ~........._The~........., is lrlMII 11111-.mn .. mamum rnor1gage.,. Oepnnent al Houu1g n1 UrNn ~•Insure. HUD doa nae__. .. ..,. -._ c:ondlian al .. Pn,pa,ly. The Purdlaa- (Buyer) should utisfy twnMlf lhenlll thal .... price ard c:crdon al !he Pr-,y ... acapllble. D (31 ~ 1111uyari.1opar .. ~Pnc:aby*-*'11a,..v~-..1 1a .--. ~.., -pr<MSrons al !hrs ®"hel. Buyer 11111 na1 incur any .,_..., by larf9illft al E-Man9r .......... be alllgllc to cam.,-h pun:haseollhe Propenydacnbed --W ._ connct l'un:tlae Pnce .. COlt-h .__.. ...... .,._ Pn,pa,ly..-..S by._ v--Admrn111ralron Buyer 11111. -· -lhe p,Mllge nl aplon al pnaaling-.. c:onalnmalian al lhis c:on1rac1 wllhal, ~ lo !he amaun1 ol lhe reasonable value eslatlilW by lhe If--.t.dr••-*llki• 0 (4) Otbl[, Buyer 11111-.. Iola crpticn nl 111c11Gn to-l'il -If .. -Price -.. Praperty'I --byan app,-angaged by -=8U..::...:.YER=-: _________________ _ llle contract 11111-by 8',yer 11"""11 ~ -nGke olllmftlan and ... I capr al Midi~ .. ...., nacice Iran landar 1NI confirms._ PrC1*1)'1-is lal flln the Pllr"'-Pnc:a. ,...... .., .. blfln ~ DNdllle (12c). • S... doa nal --suel>-nake ol llfflWlalrOn on .. before,..,,_.. o..1111,e (I 2c) • .,,__any..,. lo --._ -..:Ion. ...-.~ • Bev Evfltlart Rnlly, Inc. 3.17 PM --··-·---·-- PDF created with pdfFactory Pro trial version www .pdffadory.com .. ' .. .. • • ·• • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI b. cost of Appra1aa1. 0 Buyer D Sellar. Cost d any appraisal to be oblained an. the da d this contract ahllt be timely paid by 7. EVIDENCE QF TITLE. pages •. Evidence of Tm,. On or before TIiie 0.-.. (12c). Seiter 1h11 -to be flmshad to Buyer, II Selin-· a cum,nt canmitment for __., 1ltle ins1nnc:e policy (Tille CGmmitment) in ., amount equal to .,. ~ Price , or if Ilia bal la clleckad. D An Abatrac:t" title c:ertlflad to a CUff9flt d... ,.. -· ....... s---... 1111a inluranc:e polcy to be iuued 1nc1 dalha8d to Buyer as soon• practlc:abte II or alllr Cloaing . If a title 111..-.nc:e c:ommtrns,t ii furnished. K D Shall D Shal - commit to -e or inlunl ,,_Iha•--.ptlor,s wNch -to: (1) par1lea in .--.;on, (2) unrec:onled -· (3) 11UN11Y lllllaW, (4) any unracorded mechanic"• Ilona . (I) gap por1od (llflec:IM cl* d c:ommllment to dale deed ii recorded), Ind (I) '-"Paid-..... .-Ind urvedeaned IU ..,_ prior to the i,.-d Cloalng . Atly additional premium -to obtain this addltlonll co,,wage ...... be paid by Seiter. b. Coples of Exception,. On or before TIiie DNdNne (§ 2c), Seiter. II S..-1 upenae. ahlll fumsh to Buyer Ind agent , (111 copy d any ptata, -...... -· condilions and reatriciions burdening the Property, and (2) if a title inluranc:e commllment is required to be fumiahed , Ind W Ilia balls chedled 0 Copln of any OIi,-Doc-(or. If illllgible. s-d auc:11 _, llalad in the.-..., d e,apao,.. (E,qpticns). e-if the bal la noc cheduld. Seiter lhlll -the obtiglllon to fumilh o.e -pursuant to this aubeecllon If ....-1111 by B~ any.-on or before Doc-Req-DNclttne (S 2c). Thia ~ shall pertain only to d-as at-, d record in the olfocea d the cter1< and nic:ordar. The abstract or 1itle insUIWICII c:ommllnwlt. tagllllw..., any copies or summartea d auc:11 documents furnished pinuant to thia sec1ion, conatitule the* documents (Tille Docurnenls). c. ~ On or before Survey --(S 2c) D Seller D Buyer 00 NIA shall cause Buyer Ind the isala d the Title Commilmenl or the~ d the opnon d title If., --=t. to rec:ehe I cumnl D tmprov-Survey ,.. D 1mpn,v-, Location Cer1lllcala D (the description cheduld is ..,,_, • Slney) An -noc to-S WA for Sun-, 111111 be paid by D Buyer D Seier. 00 NIA If the coat__. 11111 -.nl. Buyer shall pay the_. on or belorll Cloaing unleu Buyer--. to Setler before 5uMly is ordered, Buyar'a -nollc:e *-ing .. __., for aurwy lllllaW. d. Common ,,,.... C9ffllllYDIY Gaunllas Pmaeawn9e OIIITTIED AS tNAPPUCAIILE a. TITLE AND SURVEY BEYJEW, •· rm, Reyt,w. euyer 111111 -the,.,. to inopec:t t,e TIie 0acurwa. w,..., no11c:e by euyer" ..... -.... ," ... lcnn or content d Tolle Commilment or d any -unutialadoly tile~ at-, by the Till Docunwlll. ~ 112. 111111 be signed by or on behall d Buyer and giw, to Seiter on or belore TNla ~ Deadlile (12c), or willin Ihle (5) ~ da,a llllr r9C8ipl by Buyer of any ch-,ge to the Title Oocurnents or endorsemenl to the Till COIMlitment IOglllW..., a copy d the -adding any ,-Exception to title. II Seier d-not recer;e Buyar's notice by the cl* apecifted abcM , Buyer acc:epls the condition d tile • dllclol8d by the Title Oocuments as satislactor,. b. Matte" not Shown bv th• PybHc Bumi•, Sellr shall -to Buyw. on or befare Olf-lleconl --o-tll,e (12c) true cop,es of all -and su,wys in S--1 poaaasion pertaining to fie P"'l*I, and shall~ to Buyw II -· ... (including , without i mitation, gO'MI\IIWltal imp<CMmenls appr<Md, but not ya installed) or -title,_. (1nc:lucling ....... lmllllion. nghts d first refusal, and options) not st-,, by the public records d which Seiter ha actual "'-ledge. Buyer 111111 i-fie r1Qtit lo npect the Property to determine ii any third party ha any rtght In the Property noc -by the public records (audl •., ...,,_...-. unrecorded lease, or bound,ry i ne disa.pancy). W-notice d any unutlafador, c:onditlon diadaMd by Seiter or -by auc:11 lnspectJor,, notwithstanding S 12. shall be s,gned by or on behalf d Buyw and 1JM11 to Seiter on or before ~ •-~ Deadline (§ 2c). If Seier -not receNa Buyer's nollc:e by said dale, llu)IW acc.p11 • lubjed to auct, rv,ta. ii any, .-l*d ..... d wllictl Buye< has actual "'-ledge. C. Survey Reyt,w. Buyer shall -the right to lflll*I Sun-,. If writlen natic:e by or on belllll d a.-" any unuliafacaary ....... shown by Surwy, notwithstanding§ 8b or§ 12 . is r-"8d by S-. on or before Survey Olljec1lon DNclllne (I 2c) t,en Midi alljadioll shall be deemed an unsllisfactor, tJtle condillon . If S--noc ,_.. Buyan notice by Sutvey ~ DMdtlll9 (S 2c) • ..,. accepts Sur-..y as satislactor,. ~·~:.J::Y'._ ~ ..... ,_ -U.Ola41:S,- Bev Everhart Realty, Inc. 3.17 PM 9121/2005 0ooc-e , •. -.-. .... ,__,,. PDF created with pdfFactory Pro trial version www .pdffactory .com - ' .. .. • • -·• • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI page 6 d. Special Taxing Dlstric)I. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS . PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN Ml.L LEVES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUltEIIENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MLL LEVES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MLL LEVIES. In the ......i lhe Property II localed wt1hln I special taxing dls lric1 Sid 8U)W dNN to ........ 11111 cantrac1 • 1 resu1. W wrfllln notice II -by Seller on or befole Oll..flec:onl M_,. Objection Dead-(f 2c). lhil ccnract ahal tlwl -If ~ -not,...... Buye(s notice by such dale. Buyer accepa the effect ot the Property's -In IUCII special taxing district Sid -lie right to terminate. e. Right to Obiect Cu[!, Buyer's rigid to abject s hal lndude. tu na1 be limited to thole fflllln liltad 1n § 12. If~,..._ notice of ....,.chantabilily of title or any ottw unsatisfactory title c..-cw~ -• p,owided In lubMc:liona a 1. b. c Sid d -· Seller shall use -effo:11 to correct said illml -beW-, .....-ape,1111 to con9Ct 111e .-prior to Clollng. If auc:11 unsati1factory title concOOon II net corrected to Buyer's satisfaction on cw before Cloulg. INI conlracl shal uw, ....,._: provided , -· Buyer may , by written notice -by Seller on or belcwe Cloaing. -olljectiorl to IUCII iaN. f. Right of FIIJI Refuaal or Approval, OMITTED AS INAPl'LICAIILE II-TW, Advl•ory. The Title OocurT*U affect the title. ~ and 1A8 of lie Property and should be r.-carefuly. Additlonaly, otlw matters nlll relleded in the Title Documents may allecl the Ille.~ -UM of lie Property, indudw1g without limilation boundary linel and encroachments ..... zoning. unreccrded -and dliml of -11. INl8I and otlw ~ ag....-. and vsloul lawl and gowmmental rwgutationl concerning land UM,~ and em:ironmental fflllln. THE SUIIFACI ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, ANO TRANSFER 0, THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL, GAS, OTHER MINEIIALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER TIE PROPIIITY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER ANO USE THE PROPERTY. Such,_. may be 9ldlded flam the title 1ns1nnce polcy. Buyer Is a:M1ed to timely consult legll ccunsel wilh respect to al 1ucll m-. • -.,. strict tine limltl plwded In lhil cantracl (e.g .. TIiie Objection DeadUne (§ 2c) and Oll..fleconl M_,. Objec:tlon DNdlne (S 2cD . 9. LEAQ:8ASEQ PAINJ, Unless ewnpt, W the~ on lie Prq,o,ty lncule one cw more -dwelingl for which a building pormit-11....i prior to January 1, 1978, lhil can1r1c1 shal be will unllu a complad ~ P..,. Dildoaln (Sal) fcwm Is 1igned by Seier and the required NIii •'* iar-. whicll IIUI occur prior to Ille pll1iaa signing 1111s cannct 10. PROPERTY DISCLOSURE NSPECTIQN ANQ NSURABfUIY; IYYEB QIIGbQSYBI, Ono, befcwe -· Properly DIKloeule Dead-(f 2c), ~ aor-to prowile 111,vs willl I Seier-. Property Oiacloaure form completed by Seier to the best of ~s currw11 actual iu-tlldge. •· 1n1pect1on Qblts;Qon DeadHo,, 11uyar 1h11 ,-the right to ,-inlpedlonl of ... p1,ya1ca1 condilion of .,. Property and lnc.usions . II Buyar's _.. It lie phyai::11 candilion of the Pn,perty cw n:uians is unsllialaclory In ~ llllljacha discretion . Buye, shal. on cw before Inspection Olljec:llon DNdllne (I 2c): (1) notify~ In wriling thal tllla c:ar.trad ii .........i. cw (2) p<CMde ~ -·-delcriplion of any unsllllfactory pllyslcal candilion which 111,vs ....... ~ to correct (Notice to Correct). If written notice Is no1 r......i by Seier on cw belore lnepectlolt Olljecllool DNdlne (12c), .,. ~ candilion of.,. Property and lndulions lhall be dNned to be lllilfaclory lo Buys. , b . RHolution QudHne, If• Nalice to Correct II ,......i by~ -• ~ -Seler-nol ..-lnwrillng to 1 settlement tlweol on o, before RNolutlon Dead-(I 2c), lhil connct shal '""""'*,... cllaldar da, 1-.g.,. "-- Ooadllne (§2c), unless before suet> ......,,_, Seier ~ Buyar's -wlhdrawll of.,. Nolice to COINct c. ln•urabillty. This conlract is conditioned upon Buya,'1 umf-." ~ lubjecM disaalian, -,. ....allilly. -· conditions and p,em,um lot property inlurance. This contract lhall llrminlle '41"' s-'s receipt on cw blfol-. ,....... a-. Objection DeadHne (§ 2c) of Buys(• wrihn ncCice lhll suell inlurlnce-nol lllllfaaory IO lluys. If said natice lo nal imoly ~; Buyer shall halle wa"""' any right to ...,,._ under 1h11 pnMlion. d. Qamag•, Lien• and Indemnity, 8U)W ii ,..pc,nsible for paymen1 for a1 inlpedlonl, ...,.... ~,...,.. for any other work performed II lluya(s request -lhall pay for any anage whic:11 oc:an to the Pn:npony Ind -• 1,..... of IUCII aclllll!Jes . Buyer lhal nal perm:I cillml cw liens of any Jund against the Prapll1y for inlpectiane, ................... and lor q ..... -k perlormed on lhe Properly II Bu)w's --t. 111,vs ag,-IO i'lde:nnfy, prmcl Ind -~ twmiaal from and .... q ...,_, damago . eo&I o, eri,ense Incurred by s.Jlar i'1 connection with any suell lnll*D', claim , cw .,, Thie indlmnly indudea Sallr'I right ID ,ec.,_ all costs and_... :ncurred by Seier to enfcwce lhil lubHcion. including ~s _..,. ~ -lagal • TIie p<CM1nons ol lh:s subsedlon shall s"""'9 the tennlnalion ol lhns cor#aCI. •· Buyer oi,c191u,., Buyer rep,esents 11\at Buyer O Doea [!] 0-Not need tosel Ind -• pnipeny to """"""'9 ,_ ~ Nole: Any P'Ol*IY sale contlngoncy lhould appa. "Adclllloolal l'l'ovlllone (I 24~ ~--,~-~sinlllll: __ 00540QM1~ Bev Everhart Realty, Inc. 3 21 PM 9121/2005 -c-• •--a. .... ,_,...n• P DF cre ated w ith pdfFactory Pro trial version www .pdffactory .com - ' .. • • ·• • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI 0 0 page7 ,. Megan'• 4w. 11 the p<esenCll ot • 19111sllred sex -• 1111111er "'coram to Buyw. euyer ..--Mau,...- con1ac:1 local law .,forcament offlcias regarding abtlining IUCh -· 11 . CLOSING, OeMryol-from s.11arto11uyer 1h11 be lldoaing (Clalinol . Cloling 11111 beon t11ec1a spacilled • Cloaln9 Dai.(§ 2c) or by mulull .-,,.nt II a, ...... clae. The hcu' and plKa ol Cloling 11111 be• c1ea.,-by 12. TRANSFER OF TIJLE, Sllbject to tar1de' or paymenl II Cloling • raqund hnln 81d complilnce by Buyw .... h ahr t11ma and p,ovlsians hlreal, Sallar ahll -.111 and deiwr I good and aufflc:ilnl GENERAL WARRANTY -lo Buyw, 11 Cloling, CGIMylr,g Iha Propel1y he and.,_ of al -.-pt lie gerwal -for the year ol Closing. E,apt • prollicled hnln, tile ahal be~ he and _. ol II liona . lnclucf.ng ..,~..,. for special~ installed• of lie cl* ol ~ aignllln '*-'· whetts -or not. T1tll shall be~ aubjlcl to: L thole specific Elapliona cleac:rlled by ,.,._ to l1ICOlded doa,ments • rlllllclld in the TIii Oocumentl acceplld by au,.. In --wllh S 81 (TIIII Rewlw), b. dillrilKMon Ullly-a (lndudlng cable TV}. C. thole lpldllcaly cleaa1bed rigllla ol 11*11 1)111111 not shown by the pubic --ol wllich au,. ha ac:11111 k,-tedge and wllk:h-. accapled by Bu,-In 1CCOR11nce wllh § 8b (Maaw Nol 5'-' by lie Nllic Records) and § 8c: (Surwy R.,...), cl. -ol the Propel1y wilNn .., apec:ill tlDdng cllstrtct. •• the benllb and burdens ol .., dldarallon and party wa1..,-.• any, and ··-• • NONE OTHER • • 13. PAYMENT OF ENCUMBRANCES. Arr, enwrnbr8ICII raqund lo be paid ahal be paid II or before Closing from the proceata ol lhll trs.ldlon or from any ahr source. 14. CLOSING CQSIJ. QOCUNENTJ AND SERVICES, eu,.. ands-..,,.. pay, in Good F....is. 11111r....,..,.... Cloling costs and al --raqund lo be paid II Closing. 8*llpl • olhlnwile ~ lwlin. Buyw and S-. 1h11 sign and c:omplllll 11 customary or reaonably raqund docu-* II or befar9 Closing. F-for rul -Closing -1h11 be paid II Cloling by [!] One-llalf by Buyer and On~alf by Seier D Buyer D Seiter D Other My--lo ... ia-,ce"' --· auocialion'I ·-ol --(Slllua i.-, ..... be paid by D ,-, [!] NIA ,.,.,.,--to lie trs.far from S-.lo au,.-by the-· MSocillion (Owners' Associalion Translw F•) 1h11 be paid by D Buyer O Seller. [!] NIA The local 1r ... 1ar tax ol ~ 'JI. ol the Pwdme Price 1h11 be paid II Closing by 0 One-half by Buyer and One-half by Seier D Buyer D Seier D Other D auy., Arr, sa& and ..a ta 11111---ol lNl tr-.clion 11111 be paid wi... u by D Buyer D Seller. 00 NIA ; 15. PRQRATIQNS, Thi I~ 11111 be--to Clollelg 0... (I 2cl , -.pl• G1111rw1M ~: a . !l!IL Ptnonll propel1y-. w ..,, and gerwa,.. --far lie,_ ol Cloulg. -on [!] Tun for ... Cai.ndar YNr in-cllalely Pftcedlllg Cloelng 0 Most Recent MIii Levy and Most Recent AHn-nt O Othe, b . !!l!!1L R--on D Rentll Actually Received O Accrued. 00 NIA Soc:unry depc&~s hlld by S-. shal be~ to Buyw. Sallar 11111 Mllgrl al 1111ea lo Buyw and Buyw shall .. ...,. s uch ....... NOT APPUCA8LE c. AHoclatton A11n•DJ1DII , OIIITnD Al_,,. ICAILE d . loan A11umption • MPdPIN IDIY'IDSI, FHA or Pf'--.. inllnncl premium, r ..,, D Sllal D .-.... 00 NIA .. ~ 1o Clollnt a.(§ :ZC) ,.,.,., lud1 -..... be IIIPOl1lonld • lcllMa: • 'NOT APPUCA/ILE '• e . °"'' Pm'IIP!!t , NOTAPPUCA&E f . Final S,m,m,nt, _.;;.I 1., lluye( inilllll: .£V"_ s.a.'l lniLa· _ _ 0054 0121413340005 Bev Everhalt RNlty, Inc. 3 :21 PM ~1/2005 -c-•----.• ,_,.,.. PDF created with pdfFactory Pro tri al version www .pdffactory ,cpm - ' .. .. • • --·• • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI page 8 11. POSSESSION, Possession al the Property shall be d-.cl to Buyer on Po-Ion Data and Poa ... lon Time(§ 2c), subject to the f-..g leases ort.-.ancies: ~"~o~n~•--------------------------- lf Seller. after Closing. fan 10 deliW' possession II specified. Sas shall be lubject to 8"idion and llhlll be additionally lllble to Buyer for payment <A $100.00 per day from the P~ Date(§ 2c) until pos .. alon la dellw'ed. Buyer D eo. 0 Doff Not ..-that Buyer ... OCQJpy the Property 11 8uylr's pmdpll resldlnce. 17. NOT ASSIGNABLE. This contract shall not be 111ignlla by Buyer-.t ~ prior wri119n ccnsent. Excepl 11 10 restricted. lhis conlract shall ir'ln to the benefit al and be binding upon the hen, personal ....,......_, 1ucceasors and lllignl al tt,e partill. 11. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS, Em,pl II olherwile prowled In lhil contract. the Property, lnduslons or bolll shall be -In the condition mdsllng II al the -al this c:onlract. ordlnay -and -e,apted. a. C11uatty 1n1uranc1, In the -the Property or lndullons 1h11 be dlfflalllld by In or -casually prior to Closing, in an amount al not men lllan 18n percent al the local ~ Price, Seier llhlll be obllgllad to rapalr the -before the Cloelng Date (§ 2c). In the tMnt such damage is not rep-within said -or if the damages m:..i such sum. this canlract may be llm1Nllld II the option of Buyer by delMfing to Seier -notice of tsminallon. Should Buyer llect to CIIT)' oul lhls contracl deapillt such damage, Buyer shall be ..-to • Cl9di, II Closing. for al the Insurance proceeds ,-u11ng from luc:h damage to the Property and lndulionl P.,-to Seier but not the owners' 111ocilllon. if ,ny, plus the amount al Ill'/ decludlllt prCMded far In luc:h lnlurm polc:y, suc:11 cnldl not to-=-the - Purc:1*8Price. b. Damage, 1nc1u,19ns and s,rv1c.,, Shaud ""'1nc1u11on or..,.. (including 1ya11rns and ccmporaa a1 the Property, e .g. helling, plurnlw,g , etc.) fail or be damaged '*-1 the d* al this conncl and Closing or possession.~ llhlll be earlier , then Seier shall be 1111>11 for the repair or replacement of such lnclulion or...,..,. with• unit al similar size. age and qually, or an equivalent aedll, tu only to the -that the m~ or replacen.-4 al suc:ll lndulion, HrAca or ftxlute is not the responsllillly al the .......... 111oclllion. I ,ny. leu ,ny Insurance proceeds receiwad by Buyer ..-Ing suc:11 repar: or replacenw1l Seier and Buyer .. aw .. of the -tence al pre-<JWned -warranty programs which may be.,...-and may~ the n,pair or...,.__ al - lndusian1. c. Walk·Jbrpuah and Y•rtftc•tion of Condition, Buyer, upon -notice. shall~ the right to walk through the Property prior to Closing to verify 1h11 the physical condition al the Property and lnc:lulionl complies wilh this conllad. 19. RECOMMENDATION QFLEGAL AND TAX COUNSEL, By s1gn1ng this docut'*11, 11uyer and Seier ad<nowledge that the r11pec:1M bnJlser ha -Iha! this docu1'*11 hal impoltant legal con.....,.. and hll recommended the............., of title and conslMl!lon wilh legal and tax or -counsel before 1ignilg this conllaCI. 20. TIME OF ESSENCE. DEFAULT AND REMEDES, Tine is a1 the essence tweo1. 11.., no1e or ched< nlCeMld 11 Earnest Money-or ,ny other payment--is no1 paid. honored or llndefed w1W1 -. or if "'1 -obllgallon hereunder is not performed or -• lw9in pnNidect. there shall be the falowing ...,..., •· If Buwr i, '" Ptffult D 111 Sptelflc Perfonnanc•, Seller may elect to lnlll this contract• ~. In whicll cae al l)8)'ll*D and "*1111 al -nlC8Mld ,...._ shall be forfaed and retained on -al Seller. and Seier may r9CCMI' 1uch damages• may be.._, or Seier may elect to trell this contract• being in full f~lfld effect and Seier llhlll ,-the righl to 1pec:lflc performance or clamllgla , or both. L!J 121 Llqyldas,g Damaau, All payrt*U and things al -nlC8Mld -shall be forfeited by Buyar and rwlaioled on behalf al Seller and -par1iel shall thereafter be relNled from al obligllionl -· n is agreed that luc:h payme,a and lhlngl al ........ LIQUIDATED DAMAGES and (except II prowled In 1ubuclion c) .. SELLER'S SOLE AND ONLY REMEDY far lluyar'a,.... to perform the obllgallonl al Ilia conlract. Seller e,sp,eally-the rwnedies al specific: performance and addlllonll dlrnages. b. If s,111, i, 1n o,r,u1t; Buyer may elect to trell this conlract • ~-in whicll cae al l)8)'ll*D and '*1111 al -rwcelwd tw.... lhll be -and Buyer may r9CCMI' such damagea • may be proper , or Buyar may elect to 11911 '*contract• being In ful farce and~ and euy., - haw the right to specifoc performance or damages. or bolll. c. Costs and ExRf"llls In the tMl1I al w,y arbilrallon or i tigatlon relating to this contract. the atbitrllor or cour1 shall -to the p,ewiing par1y al~ coell and -ses. including attorney and legal feea . 21. MEDIATION. If a dispute wes relating to this contract. priot to or after closing . and is not-. 1w par1iel shall fht' proceed In good failh lo slbnil 11,e m-to mediation. Mediation is a process in which the parties mall -., in1>ll1ial person who holp& to -lie....,._ lnlarns.a, and confrdentialy. MediatCl'I cannot impose binding decisions. The par1iel lo Ille diapua muat agrw beforll ,ny ......... is bnllng. The perta will joinUy appoint ., acceptable mediator Md wil shaNI aqualy In the cost al such malilllon. The medllllion . ,.,.. ~ ...,i, - terminate in the -,1 the ll1lint dispute Is not resONed within 30 caondlr days al the dale wrillln nolice ...,.ilng malllllon ls_,. by one party to the -at the pany'1 last iu-n addras. This sec:lion lhal not -.., d* In this canncl.,.,.. ~ ..-,I. 22. EARNEST MONEY D§PUTE, In the-,t al 111'/-Y ..... lie e-1 Maney and 11*,p o1 ... (notwrthsi.ndlng w,y lerminatlon al this conlract or mu1ulll wrinen inllnlctiana), e-t Money H'*ler 1h11 not be ....,...i 1o 11118.., action. Ewnest Money H-may await .,Y p,oc..ilng. or II lls oplon and sGle ....-.. lnaplNd al pal1* and dlpasl..,......, or th ings al value In to• court al c~t jurisdiction and shall,_ ccutt costs and _..,..~and legal fell. 23. TERMINATION. In the 8*11 lhrl Contract Is tarmsnated, al pay!T*\IS and ltwlgs al -*'liwd hnll1CNr shall be.....,. and the per1la 111111 be,....., ol al .......,lliorll her-. •ubiect to H Hld, 21 and 22 eu,., lnillaa, ~ s.a.r. ..... 005t osal41:s:M0005 Bev Everhart Realty, Inc . 3 21 PM( ~/200~ ONc:-•----. ... ,~ PDF created with pdfFactory Pro trial version www.pdffacto{y,com t .. ,• • • ( Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,GRI 24. ADDITIONAL 1"89Yl!HONS. (The falcMlng addlllanal pra.lliana ,,_ not .,_, apprOlllld by Ille Colorado RNI Eatlll Comrnlulon.) U-1. WhlM this prope,ty don have lmpnwementa ('-, gan,ge end outbulldlnfll), d parllN ectnowledge lhet they ere rnatfllnelly u-ble end mete: no ,ep,esentallon end hive no upecfaflon of ve/ue. This prope,ty Is being sold "es Is". Buyet's however, mey conduct eny due-dlllgent Inspections es they mey dN/tw. 24-2. There ere 3 lndlvlduel sellers In verlous perts of the Unified Stema end this confnlct therelbre wlll be wrttten end elgned In coun_,,.11:s, with eech seller signing Identical contrac:D wlllch fo(lether shel condllldlt the ecceptance of this confnlct a one. 24-3. It Is understood by all patfla thet this prope,ty Is being pun:hesed by the City of Englewood. It Is sub}Kty ea end expressly conditioned upon the ecc:epfltnce end ffnel eppnwel of the t!nr,lewood City Coutlc# et their OctJJber 3, 2005 AND their October 17, 2005 IIINflngs. The umut money Ht forth In HCtlon 4 of this contract shM/ be peld upon,,,. City ol llnpwood's appnwal et the OcfDbw 3, 2005 -ring. Should the ffne/ eppnwa/ et the Oceober 17, 2005 "'"""9 fd, then the $5000 Hmut money shel be retumed ta the City ol Engi.wood end this connct s,,.,, ~ null and wild. 21. ENTIRE AGREQIINI •pgf!CADQN. IYBYIYAb ft.is .--,I COlllllllm ..... -............... ~ 111 lhe Nljecl ..... n:1,,.,., prtar .-per-*1g ....,, -oral ar wrttlln, haw.,_, nwged and lnllgrlled Ir*> thla canlncl. No 1....-,1 madlllcallan d,,.,., d .. lllma d 11111 '**8cl shall be valid , binding upon Ille pa,1*, ar darcelblll..,... made In WIiing and 1911d by Ille ....... ,.,.,., Clblgallon In'* cannct tllll. by Its lerms, la il*"ded lo be porfanned Iller llrmNllan ar ClaMIQ 11111 IUNM tha- 21· NOTICE. DEL!YEBY AND CHO,CE OF LAW, L Pllyalcal Dellvary. E,apt far "9 notice 19111*1ing medilllan delcrlled In I 21 and e,apl • prCMded in 129b bllow, II notlca miat be In wrillng . ,.,,, notice to Buvar 1h11 be~ -.......i by.,,_ ar by Sallng ~ Firm. and,,.,., nallce ID Seier 111111 be elladM -.......i by Sellar ar Lia*1g a.-age Firm. b. Electronic Dellvary. Aa ......... Ill~ delllay, .., algnld clacunall and ...... nallca _,be ...... in lllm1lr*: lonn by the lalawlng lndlC..i ........ triy: W Facalmlle W E-ffllll D None C>ocumna .... artglnal lignlua -be...-upon...-d..., '*"· c=----------------------------------------------0.dsignllln------------~ Buyer l!u-jer's Addtus: 1000 Enolwood l'wfrwel', &ollwood. Co. 11110 l!u-jer's Telephone No: -PN .. l!u-jer'I Fu No: J03.7U4115 ~1 EmallAddrw :.,ilM1 .. e••a1qn.o,g Jcl -11.~·H'K Bev Everhart Realty , Inc. PDF created with pdff actory Pro trial version www .pdffactory .com t .• .. • • Prepared by Bev Everhart, Broker-Owner MRE,CRS,CRB,ORI page 10 (NOTE:lf 1111e offw 1e be1111 _..,.. or Njec:1111, c1o not e1gn 1111a doc--. llefw tot 2IJ _______________________ o.td..,... ______ _ ~ Brenda Gayle Scllieuler Soler'• Addr'Na: 1113 • ,.,, .,.,.,, Arllfn co IQPf Soler'1 Tlllpla. No:· 17NU-2fN7 Slllr'a Fax No: -----Slllr'a Emal AdchU: ----------- 21. COUNTER; REJECTION, Thil dlar la D CountlNd D Rejectld. lnltlall only of patty (Bu,-r or Seller) who countllNd or Njlctld off9r IND OI' CONTRACT BROKER ACKNQWLEQGNINJI, The ......,..11nurs ~ r.:ape d t11e e.n.t MoMy c1epoe111pecllled 1n 5 4 nl, while not parties III tlle carncl. .,_ to C11C11** upon r9qlalt--, rnedilllclll c:anu:lld undlr 121. The s.11t1g arour 1a • D Buyer'• Aeent [!] TranNc:tloMlnllrer 1n lhll -.:Ian. The L11Ung arour 1a • D Sellen Aeent [!] r .. nuc11on-11rvur 1n • trauc:11an. BROKERS' CQMPENSAJJON QISCLQIYRI, s.lit1g BnlMrage Fim'a c:ian.,ena-. ar c:ammlalian ii 10 i. paid by. D u.11ng aroru..ee """' Oa..,-r D Other (TO be completed by Lilting Broker) Ulling llnlMrage F....-. CClfflp9IINIIOn a, cammillian 11111 i. paid by. D Other ...... lroloanFlnn (Named llnlarlfim) Bev Everhart Really, Inc. I021 S. Quebec SIINt, lulll 100 Englewood, Colorlldo I0111 Daurer r-.-No: (303) r..,_No: ______________ ._ Fax No: (:S03117111A-2ln11 E·MAll: Bev Everhart Really, Inc. ~ . .,.......: ... · __ '::"_: _______ . l 21 PM W21/2005 ....... ,:D40005 Goo-·-·--1--.nlt PDF created with pdfFactory Pro trial version m ,pc.tflfgp,:'V .com - 0 ( ·• ' • 0 0 ARAPAHOE COMMUNITY COLLEGE Arapahoe/Douglas Career and Technical School 5900 South Santa Fe Drive, Littleton, Colorado 80160-9002 Phone : 303.797.5080 Fax: 303.797.5083 Web: actsinfo.org ~'""""' 30 ~- September 20, 2005 Dear Members of the Englewood City Council, I represent the Arapahoe/Douglas Career and Technical School (ACTS), a division of Arapahoe Community College and a consortium oflocal school districts. Our mission is to provide career and technical classes for ACC students and high school students from Cherry Creek, Douglas County, Englewood. Littleton and Sheridan school districts. We offer a Comprehensive Building Trades program for students who want to learn this rewarding trade. Students receive training in basic safety, hand and power tools, job site layout and blue print reading, form and foundation systems, floor, wall and roof framing, and roofing materials and methods. We have had a very successful partnership with the City of Englewood for several years which allows our students to apply the knowledge they have learned in the classroom at an actual construction site. To put it simply the city provides the opportunity to build a house and ACTS provides the student builders and instructor. It is a win-win situation. Our students benefit in many ways. They are learning a valuable trade and will gain the necessary skills which will allow them to continue their education and/or seek employment upon graduation. Along with skills development they also acquire self- confidence, an understanding of the value ofhard work. and the ultimate • payoff ... building a home for a family. A Another unique feature: of this successful partnership happens the year before construction begins. Students in Sheridan High School's architecture class individually work to design a house, taking into account the proposed building site. At the end of the school year they present their plans to a panel of judges. Ultimately, one of their designs is selected as next y~'s building project. The Englewood community also benefits through this partnership. The city is able to upgrade older neighborhoods and the property value of current houses has the potential to increase with the new addition. This partnership is vital to ACTS and the Comprehensive Building Trades program. ACTS does not have the financial means to purchase land and without the City of Englewood providing this we would not be able to offer the construction program to our students. We are fortunate to work with so many competent and dedicated city Consortium Members Include: Arapahoe Community College The School Districts of Cherry Creek, Douglas County, Englewood, Littleton, and Sheridan . - ' .. .• • • employees who join us in the goal of providing training for om students and tbe reward of sharing in their success. · · · Sincerely, 0'4 rJJ??~: . Carol O'Bnen • t Director . . Arapahoe/Douglas Career and Technical School ,. .. • • - - ORDINANCE NO. SERIES OF 2005 BY AUTHORITY ABll.LFOR COUNCIL Bll..L NO. 42 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY A VBNlJB BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood, Colorado authoriz.ed an intergovernmental agreement with Arapahoe Community College/Arapahoe/Douglas Career and Technical School (ACTS) to build a single-family residence; and WHEREAS, the owners of 2394 West Wesley Avenue and wish to sell the property to the City; and WHEREAS, the purchase of the resiuential property located at 2394 West Wesley Avenue will be the future building site for ACTS; and WHEREAS, a variety of public objectives can be accomplished with the d evelopment of this property such u: 1) Introducing home designs with a more attractive relationship with the street; 2) Developing desirable Ooor plans; 3) Increasing the inventory of affordable new housing for home ownership; 4) "Raising the bar" with better quality housing, hopefully pushing the private development community towards higher standards in the neighborhood; and WHEREAS, by the passage of this proposed Ordinance the Englewood City Council · will authorize the purchase of 2394 West Wesley Avenue and the Englewood Community Development Department will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46); and WHEREAS, a site contractor will be hired to coordinate the day-to-day building activities with ACTS; and WHEREAS, developing the subject residential property will require subdividing the land; and WHEREAS, the combined property could ultimately be developed with up to four dwellings ; and WHEREAS, the house will be sold after completion and the proceeds will be returned to the Housing Rehabilitation Fund; 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 Enalewood, Colorado hereby authorizes the purchase of the 2394 West Wesley Avenue for an amount not to exceed Two Hundred and Twenty Five Thousand Dollars ($225,000). -1- t • • Scctjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest a contract for the purchase of 2394 West Wesley Avenue on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 3rd day of October, 200S. Published as a Bill for an Ordinance on the 5th day of October, 200S. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for 111 Ordinance, introduced, read in full, and passed on first reading on the 3rd day of October, 2005. Loucrilbia A. Ellis -2- COUNCIL COMMUNICATION Date: Agenda Item: Subject: October 3, 2005 9av Public Service Company Easements for L/EWWTP Initiated By: Staff Source: Littleton/Englewood Wastewater Treatment Plant Stewart H . Fonda, Director of Utilities Supervisory Committee Mark Van Nostrand, Sen ior Project Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 14, Series 1988 approved a franchise agreement with Public Service Company of Colorado (dba Xcel Energy). RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance granting three (3) utility easements to Public Serv ice Company of Colorado (PSC) for installation of new gas mains at 2900 South Platte Ri ver Drive (L/E WWTP). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ea rl y in the design stages for the Phase 2 Expansion Project, staff contacted PSC regarding the need for n ew larger gas service demands required at the L/E WWTP. PSC engineers determined the upgrade project is needed and feasible and proposed three (3) new gas mains at the treatment pl ant The new alignments will be used to extend gas mains to service new and existing buildings with in th e plant site . FINANCIAL IMPACT The contracts for installation of the new gas mains will be approved on an individual basis as construction progresses on th e Ph ase 2 p roject Fu nd s for th ese ex penses have bee n budge t ed for and approved by City Council within the overall Phase 2 Ex pansion Proj ect budget Th ere are no direct costs to the City to gra nt the ease m ents to PSC. LIST OF ATTACHMENTS Easements, Legal Descriptions and Exhibi t Drawi ngs Bill for an Ordinance t . .,., .. •. • • DIVISION South Moira DMlllon l!OW MIENT Edward M. - OUCM'TIONAUTltOft ClwllloplwH. McElvain, PI.S38!561 AUTHOR ........ Jehn E,.ir-1ng Inc. 151155W-8-IIA100 Arvada, CO 80003 DOC. NO . 1132111 PlATIONDN0.213Mt1E W<II.ICllall!O ND. SR I 2118317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The underolgned o..ntor "-by -""""'Igel -.lpl di goad and -coo--· Inn PUii.iC IIERVICE COMPANY Of COI..ORAOO (~i 1225-11"' -. 0.-, Coknda, 80202-8633, In coo--· di"'*" Granato) lweby gr.n unlo 181d ~. Ill IUCCIIIOrl llld IISl9'0, I IIOIHIDIM -lo conotNcl, _...,-....,..,,and reploce ulay - and ol ._11111-.-or.-M tnlhe_-.dNld lnN, hough.-. ..-. -llldolong ,..,.... .. ....,_ may be --~ In LOT(o) ~ BLOCK_, SU110MS10N ~ In lhe ..&1i!_ di lledlan .B.., TOMllhlp j_ Souh, ~ _ILWIII di the 1111111 Pl1nc:lpal U.-. In .. ~ -di~ lhe-dllhe -being -.. ..-.; See Exhibit A attached hentlo and made a part henlof. The -lo .JlL 1111 In-The-boundory-dllhe--be ....-and-11 -lo ........_, ......... ._.dlnot __ ... __ llllpalnllm,O,...,..IJl-1Y_.., ... __ -11111 ...... lo ... -dl ...... --. Togllls-... rlglllloonlorupon----lo-."""*"d. ......... _... ......................... llld __ uay -and --and -.11111 lo_..,.....~--_..,. lhe -*Ill dl-11111-.11111 ~-lherlgllllo ___ dl ....... ..-... -........................ -....... ...-.1, or,.,,..,._. di-uay-llld --and-II -be --lo pennl lhe --dl-ulay_or,....,-..y. The __ .. rlgllllo_llld_lhe_lorq __ _ .,.ng1a11111 .......... -..,...i11111""*"•nat....__., __ anra1 .. _~..._-.,_ --__ ..,.,. __ tnna __ .. rlgllllo_or_lollo_..,..._.., _ _ ... -.-.... _.., __ ., ____ ... _di ... ...--........... ... -. 1111Q14. p,t,logl, llld ....... .,...... .... ........ The-dl-...llld ......... --..................... _-. ................. --be- ~lollorlglnll_llld_ Slgnldlllo ____ .,.., _______ _,.211111_. (Typeorpml_.....,....., ......... _ ........ , ..................... -~ OAAHTOR': By. STATE Of COI..ORADO, _____ ) )IL COUNTY Of ______ ) The lofwgalng---I lg 1 __ .... ___ -,tl _________ __.,ao_i,, ~IWM(l)--..i: -- A t t a C it m e n t 1 ( ) ( •· t .. • • -= - LITrLrl'ONIENGU:WOOD TaUTMUIT PLAl'IT GAS IASDIDIT N0.1 l 54S-20J.107 C)I.- SHEET I OF2 /\ 10.00 FOOT WIDB OAS l!ASEMl!NT LOCATED IN Tlfl! NORTHl!AST QUARTER. OF SECTION 33, TOWN SHIP 4 SOU1lf, RA NOE 61 WEST OF 1lfE SIXTif PRJNCIPAL MERIDIAN, CITY OF ENGL EWOOD, COUNn' OF ARAPAHOE, STATE OP COLORADO, BEING MORB PARTICULARLY DESC"RIBl!D AS FOLLOWS: BASIS OF Dl!ARINOS : Bl!ARINOS ARE BASED ON Tlfl! ASSUMPTION 'TIIATTHE NORTH LINE OF SAID NORTifl!AST QUARTER OF Sl!CTION 33 BEARS N lrG3'15' WAND MONUMl!Nl1ID /\SFOU.OWS: -THE NORTHl!AST CORNEil OF WHICH BEING 3.25' /\LUM . CAP LS 22571. -THE NORTIIWEST CORNEil OP THE NORTHl!AST QUARTER OP WHICH BEING A 2' BRASS CAP IN CONCRJm! STAMPED CAC OP Dl!NVER- COMM!NCING AT THE NORTHWEST CORNEil OP THE NORTHl!AST QUAllTEll OF SAID SECTION ll; THENCE S 16'12'36" B,A DISTANCE OF 1611.00 FEBTT01lfESOU11fl!ASTI!IU.YRJOHTOF WAY LINl!OF SOUTH PLATTE RIVER DRIVE AS DESCRIBED IN BOOK 3n ATPAOE4790PTlfl! ARAPAHOE COUNTY RECORDS AND THI! POINT OP BEGINNING; THENCE N 69'40'49" B, A DISTANCE OP IO.n FEST; THENCE SOl'32'19" W,A DISTANCE OF 155.93 FEST; THENCE S lroCl'42" B, A DISTANCE OF 233.10 FEST; THENCES01'59'11" W,A DISTANCBOF 101.10 FEST; THENCE N 11'00'42" W, A DISTANCI! OF 10.00 FEBT; THENCII N 01'5~'11" B, A D1STANL1! OF '1.10 Pl!BT; THENCE N 11'00'42" W, A DISTANCE OF 233 .72 FEBT; THENCE N 01'32'19" B, A DISTANCI! OF 161.14 Pl!BTTOTIIB POINT OP ll&GINNINC. CONT AININO AN Alll!A OF 4117 S.F., 0.1122 ACRJ!S, M0RB OR LBSS. NOTE : THIS DESCRIFTION DOES NOT Rl!PRJ!Sl!NT A MONUMl!NTllb LAND SURVEY, THIS DESCRJmON IS INTENDl!D ONL y TO Dl!SCRJBE nm ATTACHl!D l!XHJBIT. I, CHRISTOPHER H. McELVAIN, A SURVEYOR UCl!NSED IN THE STATE OF COLORADO, DO IIERBBY CERTIFY THAT THI! ABOVE DESCRJmON WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING . CIIRISTOPlll!R II . McEL V /\IN PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION N0. 36561 FOR ANO ON BEHALF OF JllHN ENOINEBIUNO, INC- 5155 WADSWORTH BYPASS IA-100 ARVADA, CO I0003 J 11i,ru,J./111UHI~ll1.-J .. I/JO'lOlljf /JAM ' • • POINT OF COMMENCEMENT NW COR NE1 /4, SEC . 33 l4S, R66W, 6TH PM FNO . 2" BRASS CAP IN CONCRETE, STAMPED C&C OF DENVER __ ........ -·- EXHIBIT SHEET 2 OF 2 BASIS OF BEARINGS NORTH LINE OF THE NE 1 / 4 SEC 33 N66"03'15"W 2634.36' . NE COR, SEC 33 LOT 2 145, R66Wf 6TH PM FNO. 3 1 4• ALUM . CN', LS 2571, 1993 PROPOSED PLATTE RIVER SUBDIVISION REC . NO . ------ 2JJ.60' .\·~ :._ · ..... _: __ · .:·.:-:: .. · -··:- 2JJ.72 10.00' Nee·oo· .-2-w :-:· 0 0 V) m,.,.,... ... LOCATED IN THC NORlH£AST Ql.WnER or SCCTION 33. TO'MIStlP 4 SOUTH, RANG( U W(Sl or THC 6TH P.W. Rill: GAS ESMT NO 2 .... _____ ... SCAlL 1" • .tO' OI! 29 05 l ~S-203-107 J 107 2 -- t • • IIOWAOENrE-M.- DUCR1PTIOH"""""' ClwtllopNr H. McElvaln, PI.S-1 A\ITHOR AllOMllS John E......-,g Inc. 51155 W-Bypeoo IA100 Anlada , CO 80003 DOC. NO . .lD.1!11! PI.ATIORE NO. !137-117 E """JOCIOEO NO SR # 288317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The ~ Gnlnlor IMweby ~ r9Clllpl ol good and ........... --. -P\JBI.IC SERVICE CO/IPNf'f OF COLORADO (Company), 1225-17" S-. lle!ww, Colorado, 80202-5533, In~ al which G<anla,(1) hereby gnn1 un1o saitl ~y. "' 11UCC8110n and ....... a....,....,..,_ -to tonllruct, --· -· n,pelr, and n,place UIMy hs and al ftldurn and-.. uaed or .-.i 1n the ope,allon al said ..... lhrough, °""'· under, oauu, and -.,g a c:ouroe a, Nld hs may be hereafter consbucled In LOT(1) _, BLOCK_, SUBOMSKJN __ , In 11e ~ ol S-_a_, Townol,lp ..L_ Souffl. Ra,ge _ILWnt ol lhe Ml Pmclpal -In the !11111111111 Stall o1 ~ ... -ol .. -being -n-; See Exhibit A attached hereto and made a part hereof. Thea.-11 ...lo:.... leolln-. The-~hsollhe--be~and-•-to ..,.,.,.._ 1 con11nuouo ..... ol nal --.. --II al pm,11 on -.11'-'Y ..-by the -- ··-end •-.clno to ... -ol adla<*,I -'"· T---lhe right 10 enl• ._, Nid ..-_ to-. COMlrucl, m-. --·repair, ..... conlral, and.--ulllty -· and relaled ftaturn and --and to -olJjeds ~-.Inducing .. lrtmmlng ol ----· - logalhef wllh 1he rtghl 10 .-10 mud, of .. ildl<**10 --ol Clfan10r dtmg oun,eylng, --., -. '9p0ir, removal, or'"'-al said ull1ly -and --and -•maybe ,..-10 pannll .. _-. ol -uetllly OOM1ruction or n,pelr macl*-Y-The-_ .. rtghl lo.-..S occupy .. _ for...,.,..__..., 1he righ1s and """'-'-~andwhlchwano1--or....._-,o1 ....... ~ --or- --Such-.t,y .. O.--lnno __ .,.rtghltolNClorC8UNtobe--,bl-.gaor- """" 1he -~..-lo -..., --Of ---· In -ol .. ---....... ol .. -.alrtghl,p,Mlago,and-~---The-ol....ang and""*11ains,g _____ .,. ___ ; ............... --... - ..-..-y 10 .. ortglnal---· Signed tn ____ day o1 ________ ,200li_. (TypaOfprinl ___ llgnllurelne __ .. ,_..,, ,......,..._~ GRANTOR: By: STATE Of COI.ORAOO, ------) )IL COUNTY Of _________ ) The IOfegolngin--......-..--.. ___ deyaf __________ ~,lllO-by IG<anlor name(•)....,, -t -- .., A t t a C h m e n t 2 • t ,. .. • • Ll1TLETONJV<CLl!:WOOD TREATMENT PLANT GAS EASEMENT NO. I U4J.20J-107 Ol-2'-05 SIIEET I Of2 A 10.00 l'OOT WIDE OAS EASEMENT LOCATED IN THE NORTIIEAST QUARTER OF SECTION JJ, TOWNSlllr 4 SOUTII, RANOE 61 WEST OF TIIE SIXTH rRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEINO MORE PARTICULARLY DESCMIDEO AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMmON THAT TIIE NORTII LINE OF SAIO NORTIIEAST QUARTER OF SECTION 33 BEARS N 11°03' W WAND MONUMENTED AS l'OLLOWS: :nm NOR111EAST CORNER OF WHICH Bf.IMO 3.25" Al.UM . CAP LS 22571. -TIIE NORTIIWEST CORNER OF TIIE NORTHEAST QUARTl!R OF WHICH DEINO A 2" BRASS CAP IN CONCRETE STAMPED cac OF DENVEll. COMMENCING ATTIIE NORTIIWEST CORNER OF TIIE NOII.TIIEAST QUARTER OF SAID SECTION 33 ; TIIENCE S 24'02'24" E. A DISTANCE OF 1656.52 FEET TO THE EAST RIOHTOF WAY LINE Of SOI rm rLA TI"E RIVER DRIVE AS DESCRIBED IN BOOK 371 AT PAOE 479 OF Tl IE ARAPAHOE COUNTY Rl:COROS AND TIIE POINT o, Bl.GINNING; TIIENCE N 19°31'51" E. A DISTANCE OF 33.17 FEET; TIIENCE S 11•11'41" E. A DISTANCE OF 29.05 FEET; THENCE S 66•36'41" E. A DISTANCE OF 5.,t FEET; TIIENCE S 23'23'19" W, A DISTANCl!Of 10.00FEET; TIIENCI: N 66•)6"41" W, A DISTANCE Of 4.49 FEl!T; THENCE N 71°1 I '41" W, A DISTANCI! Of lt.'7 FEET; 111ENCE S 19°Jl'5r W, A DISTANCl!Of 32.IOFl:ETTOTllE EASTRIOttTOf WAY UNEOF SAID M.AlTE RIVER DRIVE; 1 IIENCE N 00•24' 12" W ALONG THI! EAST 11.IOIIT OF WAY LINE Of SAID PLATTE RIVER DRIVE, A l>IS rANCE OF 10.00 FEET TOTlll! POINT CW aKCINNING. CON fAININO AN AREA OF 656 S.F., 0 .0151 ACRES, M0a£ Oil LESS. N()rt). THIS DESCRIPTION DOES NOT 11.EPIIESENT A MONUMENTED LAND SUit.VEY, nus l>ESCRll'TION IS INTENDED O~LY TO DESCRIBE TIii! A1T ACHED EXIIIDIT. I, l'IIRIS ro1•1mR II . McELVAIN, A SURVEYOR LICENSED IN TIii! STATE OF C'OI.ORAl)O, 00 II EREDY C ERTIFY TIIAT THE ABOVE DESCRlrTION WAS l'R El'ARlO DY ME Olt. UNDER MY Dllt.ECT SUl'Elt.VISION AND CHECKING. CIIRISTQrlll R II McELVAIN PR OffSSIO NAL LAND SURVEYOII l'OI..C llt.AIXl R1'0ISIRA1ION NO 36561 I OR AND ON OEIIALF OF JEIIN E NO INELlt.lNO, INC. !155 WAOSWOlt rll DVPASS IA-100 ARVADA , (.'O IOOOJ J IIW\lllJ lf71L(llllll,-""11TSU111fal .. JA.-1 IJ.W .... t .. .. ( • • ( EXHIBIT SHEET 2 OF 2 BASIS or BEARINGS NORTH LINE Of THE NE 1/4 SEC 33 OINT Of ----1t,.__ __ N_88'0~5"!._· 2634.36' . 4 OMMEN CEMENT f • W COR NET /4, SEC . 33 NE COR, SEC 33 4S , R68W, 6TH PM T4S , R68W, 6TH PM FND . 2" BRASS CAP IN FNO. 3 1/4" ALUM . CONCRETE, STAMPED CAP, LS 22571, 1993 C&C or DENVER POINT or BEGINNING CENl£RIJN( or LOT 2 PROPOSED PLATTE RIVER SUBDIVISION REC . NO . ----------- ElOST . GAS LIN£--_...-:,_h.-winpii,::'.""-,_ N 00'24'12• W 10.00' JeHN .II __ ...... -·-.. ______ _ --- LOCAllON· N 11'36'41• W 4.49' 11131 • YI IUI DAI(: lll2tlrl LOCA1£D IN lHE NORlHEAST QUARl[R Of SECllON ll. T~ 4 SOUTH, RANGE U WEST Of' THE 15TH P.M . AIICA: 8!16 s.r OIi O 01~1 ACll(S :I: llll.C: . GAS ESMT . NO 1 SCA1.t ,. • 30' 08 29 0~ 1~5-203-107 Jl07pl -- llMSIClN South -DMolon LOCATION 2IDO 9oaAh AM1a .._ DIM IIOW......,. E-M.- IJUCN>llOH ..,,_ Olllllapher H. McElvoln, Pl.8388111 ..,,_...,.... -~Inc. _W_B_IA100 -.co- DOC. NO. lZDIJ IUTIIRDNO. 1117-1171 WOJOICMGNO. SR12tlll317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The underBigned Gtantor her9by ~ receipt al good Ind V..-c:oi-. tam PU11UC 8ER111CE CONPN« OF COI.ORAOO (Cornpany), 1225-11" S-. Delw, Colorado, 80202-5533, In co,..........,, al-<lnnlol(a) hal9by p,1a unk> -Company, .. IUCCeUOII Ind Ullgna, • .......-.... -.. CGnllrUcl, --· -· ..... Ind ...... ..,. ..... and al llxlurea and..-_ UNd or .-.i In lhe _-. allUlid ..... througt,.-. under,-. Ind along•-•-._ may be -aJnllruclad In LOT(o) _, BLOCK~ SUIIDM8IOH ~ In ... ....t&1/!_ al 8-1...»..., T-.ohlp ..J._ Sou411, Range ....JLWNI al lhe &11111 Pnnc:lpal Meridian In ... o!!11111ba1 a.. al CGIDIMo, ... _... al ... -being -.. -; See Exhibit A attached henlto and made a part hereof. The -II JlL leel In-. The_ boundllly ._ al ... --be~ Ind -•-lo enc:ompaN • conlnuoua _., al not -._ lhe --al al palnla on a.-'9 .._.,_by ... --• ..-anc1.-.....g1o11e--a1~.,._.... Togollw ....... rtghllo.....,.-,1181d ....... lo-.-.-._...,...,..,,.......,.,-.anc1_Ulduay ---·---. Ind lo -olljecla lnlalfamg-. lndudlng ... -.... al-----~-...... _ .. -al ........ __ ..,_...,.....,..., __ --.. ....... remcwal,ori.....-al_,ay ___ ....__ ...... __ .,.,.._ID,.... ... __ ..,_ utilily conolNdion .......... "*'*-Y. The ___ ....... _ ... _., .. _ .. .., __ _ ... rlgl,lolndprivllagN_.,_ __ .. nol ____ ...... ..,.., .. _c.....,.. ..... __ _ ----by ... --.... --.. ··-·-·--... -.--upon ... -~ .... _.., __ •hlar ..... -. __ .., .. ______ • .., .. -alrigl,l,privlaga,and-~-- The-al~-......... -..... _ ........... _ ... _ .............. --.. - ..-.....iy lo .. ortglnal--- Signed .... ____ 11aya1 _______ ~,200I_. (Typeorpmlnamabalow_llglan._ __ .. , ___ ,._.,.,,_): GRANTOR: By. STAT!: Of COI.ORAOO, _____ ) )IL COUNTY Of _________ ) Thel<ngoir,g ___ ...,_... ........ ____ .. __________ ~--by IG<ankw '*"81•> tam-i: -- .. t ... • • ( ( ( ·• • LITTLUON/ENCLEWOOD TRltATMllff PUNT GAS ltASIMll:NT NO. J l54S-Z0l•I07 a..z,.o, 0 SHEET I OF2 A 10.00 FOOT WIDE GAS EASEMENT LOCATED IN THE NORTIIEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 61 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON lllE ASSUMmON THAT THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 33 BEARS N ll"03'U0 WAND MONUMENTED AS FOLLOWS: ·TIii! NORTHEAST CORNER OF WHICH BEINO 3.25• AWM. CAP LS 22'71. • TIIE NORTIIWEST CORNER OF lllE NORTHEAST QUARTBR OF WHICH BEINO A 2" BRASS CAP IN CONCRETE STAMPED C&C OF DENVER. COMMENaNG AT lllE NORTHWEST CORNER OF TIIE NORTHEAST QUARTER OF SAID SECTION 33; lllENCE S 53"37' 13" E, A DISTANCE OF 23'4.0I FEET TO THE EASTl!RL Y LINE OF LOT 2, PROPOSED PLATTE RIVER SUBDIVISION RECORDED UNDER RECEPTION NO.------ OF TIii! ARAPAHOE COUNTY RECORDS AND lllE POINT OP alGINNING; THENCE S 01°45'41" W ALONO THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 10.00 FEET; THENCE N 17"49'10" W, A DISTANCE OF 25.62 FEET; TIIENCE SOl 0 51 '06" w. A DISTANCE OF 37.11 FEET; THENCE N 11°01'54" W, A DISTANCE OF 223 .36 FEET; TIIENCE N 01°30'57" E, A DISTANCE OF 19.97 FEET; llll!NCE S 11°29'03" E, A DISTANCE OF 10.00 FBET; THENCE S 01°30'57" W, A DISTANCE OF 10.03 FEET; THENCE S 11°01'54" E, A DISTANCE OF 201.42 FEET; TIIENCE N 01°51'06" E, A DISTANCE OF 37.17 FEET; THENCE S 17"49' 10" E, A DISTANCE OF 35.61 FEET TO THE POINT OP alGINNING. CONTAINING AN AREA OF 2961 S.F., 0.06IO ACRES, MORE OR LESS. NOTE: THIS DESCRIPTION DOES NOT REPRESENT A MONUMENTED LAND SURVEY, THIS OESCRIPTION IS INTENDED ONLY TO DESCRIBE TIIE ATTACHED EXHIBIT. I CIIRISTOPII ER 11 . Mc ELVAIN, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO IIEREBY C ERTIFY THAT THE ABOVE DESCRIPTION WAS PR EPAR ED BY ME O R UNDER MY DIRECT SUPERVISION AND CHECKING. CIIRISTOPIIER II. Mcl!LVAIN-- PR OFESSIONAL LAND SURVEYOll COLORADO REG ISTRATION NO. 36561 FOR ANO ON BEHALF OF JEIIN ENGINEERING, INC. 5155 WADSWORTH BYPASS #A-100 ARVADA, CO IOOOJ J \JJ <JUOJ,111\UJl/~111,,., .. l 'J0'20IU IJ AII ' ... • • - POINT Of COMMENCEMENT NW COR NEl/4, SEC. JJ T4S, R68W, 6TH PM fND. 2" BRASS CAP IN CONCRETE. STAMPED C&C Of DENVER LOT 2 EXHIBIT SHEET 2 Of 2 BASIS Of BEARINGS NORTH LINE Of THE NE 1 / 4 SEC 33 NBB'OJ '15"W 2634.36' . NE COR, SEC 33 T4S, R6BW£ 6TH PM fND. J 1 4" ALUM . CAP, LS 2571 , 199J PROPOSED PLATTE RIVER SUBDIVISION REC. NO.----~---~ ~ -,.... ,.... I() mo ai ;> ~~ 0 z 10.00' S88"29'03"E soi~i;~:..08'54"[ 203 42' ~ i ,~'r ·.:.· ........... _ .. ·: __ ·_.:--·~··.··:·· .. ·.-.. ,•, ··-·.· .. -.·. '· •, •, . . . . .. -. . -.... :,: ......... -.-:.·-· ... ·· .. -.. ..-.:··-:···-::··,·:-.:.'·.:·.·/·.:-:·.:·.:\·.:-:·.:-:-:·.:·.:·. ~ ... :::; N88"08'54"W 223.36' ~ JiHN JI -............... . _ ... _ .................. --- lOCAllOM: LOCATED IN lME NORTHEAST OLWnER Of SECTION JJ, T~ 4 SOU'Tli, RANGE 118 WEST Of THE 8TH P.M. AMA: 2NI Sr OIi o -ACM'.S ~ ftll[: CAS ESMT. NO . J SCAU 1· •40' 08 29 05 1!>4~-203-107 J10790sl ' • • ORDINANCE NO . SERIES OF 2005 BY AUTHORITY Pott <lllilUI,. BILL NO. imllObUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SER.VICE COMPANY OF COLORADO (dba Xcel Baqy) POil iNSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVBR. DRIVE (Littleton/Englewood Wll1eWater Treatment Plant). ' WHEREAS, Ordinance No. 14, Series of 1988 approved a franchise agreement with Public Service Company of Colorado ( dba Xcel Energy); and WHEREAS, the Phase 2 Expansion Project at the Littleton/Englewood Wutewater Treatment Plant requires that new larger ps service lines be provided to the Littleton/Englewood Wutewater Treatment Plant; and WHEREAS, Public Service engineers determined the uppaded project is feasible and proposed three new gu mains at the UE Wutewater Treatment Plant; and WHEREAS, the new alignments will be used to extend gu mains to service new and existing buildings within the plant site; and WHEREAS, the passage of this Ordinance grants three utility cuemmll to Public Service Company Colorado to accommodate the Pbue 2 Expansion Project for installation of threes new gu maim at the UE WWTP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Public Service Company of Colondo Eucmcnll from the City of Englewood to the Public Service Company of Colondo, attacbed hereto u Attachment l, Attachment 2 and Attachment 3, are hereby accepted and approved by the Englewood City Council . Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal th e Public Service Company of Colorado Eucmcnts for and OD bebalf of the City of Engl ewood, Colorado . Introduced , read in full , and passed OD first readina OD the 3rd day of October, 200S . -1- t -~ .. • • Published as a Bill for an Ordinance on the 7th day of October, 200S. Douglu Gumt, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true COP.Y of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 3111 day of October, 200S. Loucrishia A. Ellis -2- • • -·• • BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGRBEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND WILDACRES, LLC FOR A TWO INCH (2j UNDERGROUND WATER SERVICE CROSSING OF THE CITY DITCH. WHEREAS, Wildacrcs, LLC has applied for a License Agreement and a temporary construction easement to cross the City Ditch Right-of-Way with an underground bore; and WHEREAS, this will enable Wildacrcs to install a 2" water and an electrical service line crossing the City Ditch; and WHEREAS, the Wildacrcs crossing will be located from Santa Fe Drive to Littleton Large Animal Clinic located west of Santa Fe Drive; and WHEREAS, Wildacres assumes full and strict liability for any and all damages of every nature to persons or property caused by the point or points where the Liccnscc performs any work in connection with the crossing provided by the License; and WHEREAS, the City reserves the right to make full use of the property ncc:essary in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's Right-of-Way; and WHEREAS, the,Englewood Water and Sewer Board rcc:ommcnded Council approval by Ordinance of the License Agreement, to maintain that portion of City Ditch at their September 13 , 2005 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C IT Y OF ENGLEWOOD, COLORADO, THAT: Section l. The C ity Council for the C ity of Englewood, Colorado, hereby approves the L icense Agreement, attached hereto as Exhib it 1, between the C ity of En g lewood and Wildacres, LLC for the Wildacre crossing located from Santa Fe Drive to Li ttleton Large A nimal Clinic located west of Santa Fe Drive. -1- ' .. .• • • Section 2. The City Council for the City of Englewood, Colorado, hereby approves the Temporary Construction Easement, attached hereto as Exhibit 2, between the City of Englewood and Wildacres, LLC for the two inch (2") crossing located from Santa Fe Drive to Littleton Large Animal Clinic adjacent properties located west of Santa Fe Drive. Section 3. The Chairman of the Englewood Water and Sewer Board and Director of Utilities are hereby authorized to sign said License Agreement and Temporary Construction Easement. Introduced, read in full, and passed on first reading on the 19th day of September, 200S. Published as a Bill for an Ordinance on the 23rd day of September, 200S. Read by title and passed on final reading on the 3rd day of October, 200S. Published by title as Ordinance No. __, Series of 200S, on the 7th day of October, 200S. Douglas Gurett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 200S . Loucrishia A . Ellis -2- "' ' .• • • -~ 0 C ·• • • IJCENSE • CITY PITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT, made and entered into u of thia day of _____ ..., 19.._J by and between the CITY OF ENGLEWOOD, a municipal oo~oration of the State of Colorado, herein referred to u "City", and u11,0Acg.s, ,,c herein referred to u "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its succe880r, assigns, to install a Z" Wdr«4e :i,llllt/JCI ,._ & «fGl?C(c!. t.tM4 CC?!EINtl over the City's righJ,-of-way for the City Ditch. described u a parcel of land situated in the_ S W V.1 of Section ,3;l Township 5 Soyr,tl Ranp 4 LI W6sr of the 6 rt, P .M., County of Arapahoe, State of Colorado described as follows: ... £XH18~r I/ The above-described parcel contains ~ ffl ~· l'r o<, (), IJBZ!S 6mm gr lcy 1. Any construction contemplated or performed under thia License sliall oomply with and conform to standards formulated by the Director of Utilities of the City and IUCh conatruction shall be performed and completed according to the plans, consiltiq of one sheet, a a:,py of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) daya prior to the time of commencement of the construction of, or any repairs made to, Licenaee's ,,_ ___ _ 2 N w11r&8 s.!1t.tJ1u ANP <~et:.rJ1.,e, J.1# M•ssw, _____________________ so that the City may, in its discretion, inspect such operations. 3. Within.thirty (30) days Crom the date of the commencement of construction of said __ _ 2" wAr£.,< se-11'{•et If• 44ft:ru, """' <:Loss~,-,,; the Licensee shall complete such construction, place and maintain permanent, viable markers, of a type and at such locationsu designated by the City's Director ofUtilitiN, referring to the centerline of the installation and shall clear the crouinc ana of all construction debris and restore the area to its previous condition u near u may be reasonable. In the event the planing of the centerline markers and the clearin( and restoration of the crouing area is not completed within the time spec:il5ed. the City may complete the work at the sole expense of the Licenaee. 4. The City shall have the right to maintain, i.natall, repari. fflllCJft or relocate the City Ditch or any other of its facilities or installations within the City', rishta-of-way, at ~ time and in s uch manner at the City deems nece19UY or convenient. The Ci&y rwNrftll the E X h i b i t l .. • • ·• • 0 CJ ,, exclusive right tq control all easements and installations. In the event the Z t,,,JA U,C 54'&Vt<J I should interfere with any future use of the City's richta-of-way by the City, the Licensee shall, upon request and at its sole es:pense, relocate, rearranp, or remove its installations so as not to interfere with any such 111111 . 5. Any repair or replacement of any City installation made neceaaary, in the opinion of the City's Director of Utilities because of the comtruc:tion of the Z • Wtfnr.i( SE8 "' « &tie t< 4c:r.c«: Lt•« Mss*"' or other appurtenant inatallation thereof, shall be made at the aole es:penae of the LiceDNe. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction hei:ein authorized is to be done on a contract baaia. 7. The right& and privileges granted in this License shall be subject to prior ap-eements, licenses and/or grants, recorded or unrecorded, and it shall be the LiceDNe's sole responaibility to determine the existence of said documents or conflictin( use, or installations. 8. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful. usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the poaaible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be bacldilled and tamped to the original ground line in layers not to excee si:t (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this License, expr4essly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or point& where the Licensee performs any work in connection with the crosaing provided by this License. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmlesa the City, its oflicen and employees, against any and all claims, da.magtes, acctions or caU889 of action and es:pensea to which it or they m ry be subjected by reason of said Z " INA'rtl, 4 S4 # 1//U A"!1P EL4t::r<tt:. L,td C<9SSL4lta being within and across and under the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction. replacement, maintenance or repair of said installation. 12. It is expreasly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option , have specific performance thereof. or sue for da.magea resulting from such breach. 13. Upon abandonment of any right or privilege herein cranted. the richt of Lice118118 to that extent shall terminate, but ita obligation to indemnigy and save harmleu the City, its officers and e mployees , shall not terminate in any event. I n granting the a bove authorization, the City reaervea the richt to make full ua of the p ro perty involv ed as may be nece uary or convenient in the operation of the wa ter worb plant and system under the co ntrol of the City. -2 - ' .. .. • • C In granting the above authorization. the City reserves the right to make fhll use of the property involved as may be necessary or convenient in the operation of the water works plant and system under comrol of the City. IN WITNESS WHEREOF this instrument bas been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of ______________ bas read the foregoing License and agrees for an on behalf of said _______________________ tbatuwill accept and will abide by all the terms and conditions thereof. LICENSEE : Address: ao2.s S:, s&v,11 t'~ P«IJA" J. /77?L,ro"1, C.., ai,,1zo • Phone: (3c 3) 7f,f, -t, 3 5 f t ... . • • • ·• • • EXHIBIT A JULY 22, 2005 A PARCEL OF LAND SITUATED IN TIIE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF TIIE 6™ P.M., CITY OF LITTLETON, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE SOUTIIERL Y LINE OF AN EXISTING DITCH RIGHT- OF-WA Y (50 FEET WIDE) AS RECORDED IN TIIE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE IN BOOK 43 AT PAGE 626, FROM WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 32 BEARS S06°16'24"E, A DISTANCE OF 459.20 FEET; THENCE N72°14 '44"W, A DISTANCE OF 71.88 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EXISTING DITCH RIGHT-OF-WAY; THENCE N63°40'47"E, ALONG SAID NORTIIERL Y LINE, A DISTANCE OF 71.88 FEET TO A POINT; THENCE S72°14' 44"E, A DISTANCE OF 71.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID EXISTING DITCH RIGHT-OF-WAY; THENCE S63°40'47"W, ALONG SAID SOUTIIERL Y LINE, A DISTANCE OF 71.88 FEET TO THE POINT OF BEGINNING. CONTAINING 3,594 SQUARE FEET OR 0.0825 ACRES OF LAND, MORE OR LESS . I HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF . ' ... .. • • 0 PROPERTY UN£ I j I i i ,' I I I I I I I I I I I I ,,I) I ,, ,, ENQ..£W00g--oTY DITCH / ,O:.tj.fdi R.O.W. )S.,81(. 43, PC. 828 I I I I ··-•. ,. / EXISTING FENCE 7S()' - I I I I LITTLETON LARGE ANIMAL CLINIC PROPERTY Wt,T£R SEBY1ct AND ELECTRJC LINE CROSSING Q£TAIL NOT TO 5CM.£ 2" WATER UN£ I I i I r '/ I I I I LITTLETON LARGE ANIMAL CLINIC 8025 S0Ul)I SANTA ~ Olll'-1'. I I I I I I I~ /s I ~ I ft'~ :'...--I~.),,,. ) !§ I I !/ §/ §1 • I ~, .. , ,.; I I I I /~! /§ I I I I I I I I I I I I I I I I I I I I I 15 JO 50 t UTl\.ETON, CO 80120 NIIIIGGII .......... ~TMrl. 11C .~- Scale ,· . JO" 111a s. 111,111 11111Ef. 9111 m WATER SP'1Ct UN[ C110SS1NC Ul1\lftll. c:acallllO ., Ill <11 OICUWOOO QTY DIT04 ·"· • .. ,. t • • .. "'1"-: •• -- ·• • • 0 (Z-1 ~u- TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of 2002 by and betWeen the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Grmtor) and (A/ILDAC,U5, t, C ________________ (Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a earner ditch (City Ditch ROW) which is located as described on E:<hibit A. WHEREAS, wt,t2AC,U S. t: (. <, desires to install a -=z"-'-' __ _ WAT4.( 5'Rvt(.L. 6te4.l..lt::«& <ctr( ~"4'cfVithin the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE. In consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: l. Temoorarv Construction Easement Englewood (as Grmtor) hereby grants to Wtt.1:nlt:.uS. '-t. ~ (as Grantee), ia successors, assigns, contractors, and sub-ccintractors, a non-exclusive temporary construction casement through. over, under and :icross the City Ditch ROW for the installation of a Z " f,,,/lf'rt& '44)11<,L • &t.i<r4,.:. 411114 c,ess,,,,4 pursuant to a license agreement (the Project). 2. Tenn of Easement. The Project will begin no sooner than and will be completed no later than . Completion of the Project will be deemed to have ocCUlTCd upon inspection and approval of the Project by Granter and this Temporary Easement will be deemed to have tmninatcd upon such completion. 3. ~-Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any re:isonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) normal working hours shall be consistent with COOT construction hours, Monday through Friday and 2) the operation of ~uipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during nonn.al worlting hours . E X h' i b 2 .. ' • • 4. RsJgrarion. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to res1me the surface area of the City Ditch. ROW to its original condition. s. Jpdemnjfic;ation. Grantee, to the extent penniaed by the laws and constitution of tb.e Slab: of Colorado, hereby agrees to be liable and bold hannlcss the City of Englewood, its employees, cmumts, and pests ftom any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongtul acis ofGramee iD the constrUCtioD of tho Project. including the cost of defending against such claima. 6. l.ill2ilir£. Grantee hereby aclcn9wlcdges tbal it understands that th.ere is water ftow in the City Ditch. from April l to November l of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Dirch caused by tb.c Gtantce's construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of 5600,000.00 propcrry covcrap and S600,000.00 liability coverage. Grantee further agrees that all its employees, coniractors and sub-contractors worlcing on the Project shall be covered by adequate Workers Compensation insurance. 8. Assjgnment. This Temporary Construction Easement is assipable only with. the written permission of Englewood, wbic:h permission will not unre:isonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed th.is temporary construction Easement on the date and day tint written above. -- 0 In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works · plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood Chairman Englewood Water and Sewer Board The undersigned officer of _______________ has read the foregoing License and agrees for an on behalf of said -----------------------~that it will accept and will abide by all the terms and conditions thereof: LICENSEE: Br,~~~l,6~0~~?~~=..:...'~-=~=~·~·:;...;_~~~ Notary: ~M~id, Title: ___ {J_N_4_' _______ _ My commimon expires: Address: 8oz. s S: Stwrtt l'L i>,ev~ 11 IAAlato L an+TPAI e~ eo 1z.D • Phone: {j1J3)7'1~-(,3St ' .. . .. • • ( ( .,. . EXHIBIT A JULY 22, 2005 A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6ra P.M ., CITY OF LITTLETON, COUNTY OF ARAPAHOE , STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF AN EXISTING DITCH RIGHT- OF-WA Y (50 FEET WIDE) AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE IN BOOK 43 AT PAGE 626, FROM WHENCE THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF SECTION 32 BEARS S06°16'24"E, A DISTANCE OF 459 .20 FEET; THENCE N72°14'44"W, A DISTANCE OF 71.88 FEET TO A POINT ON THE NORTHERLY LINE OF SAID EXISTING DITCH RIGHT-OF-WAY; THENCE N63°40'47"E, ALONG SAID NORTHERLY LINE, A DISTANCE OF 71.88 FEET TO APOINT; THENCE S72°14'44"E, A DISTANCE OF 71.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID EXISTING DITCH RIGHT-OF-WAY; THENCE S63°40'4T'W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 71.88 FEET TO THE POINT OF BEGINNING . CONTAINING 3,594 SQUARE FEET OR 0.0825 ACRES OF LAND, MORE OR LESS. I HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF . ' • • 0 .:. ... :.if! ,;,-.~:Hl Y / I i ! I I ' I I I I I I I I I I I I J I .,,,.,,) ENQ.EWCOD"tlTY DITCH / ~6zc:ft R.O.W. 'IJ.IIC . 43, PC. 828 ,,..--;· .// / I i I I I . ·· , .. -.... r EXISTING FENCE 750' -. 2" WATER LINE '·- LITTLETON LARGE ANIMAL . CLINIC PROPERTY w&JtB S£'.Blr'1C£'. AND EU:CJR!C LIN£ CROSSING Q£T&IL NOT TO SCAl£ PROPERTY LINE EXISTING FENCE i I I I I I I I I 15 JO 50 LITTLETON LARGE ANIMAL CLINIC 8025 SOU'IH SANTA Ft ORI'-!: Um.ETON , CO 80120 Seate 1· • JO" I I I I !/ §,' §1 • I !ti "i I '<i/ I I I I I I I I I I I~ /g I '-' ;,- / (o;. ~ -..... I~· '!§ I I ,' ;s/ /§ I I / I I I I I I I I I I I I I I I I I •• t .. • ,I.. 0 ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: 0 0 October 3, 2005 9 Ci FY2006 Community Development Block Grant Application Approval Initiated By: Staff Source: Community Development Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Housing and Community Development Previous Action: City Council has approved resolutions to file Community Development Block Grant (CDBG) applications almost annually since 1977. Ordinance 39, Series of 1994, approved an Intergovernmental Agreement to participate in the Arapahoe County CDBG Entitlement Program for Federal Fiscal Years 1995 through 1997. Participation in the entitlemPnt program is in three-year increments and, for funding years 2004 through 2006, was extended by approval by the City Manager with the execution of Amendment Number Three dated June 26, 2003 . RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply to Arap;ahoe County for the City of Englewood's portion of Federal Fiscal Year 2006 Community Development Block Grant (CDBG) funds . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U . S. Department of Housing and Urban Development (HUD) COBG Entitlement Program provides grants to units of local government and urban counti s to meet housing and community development needs. The objective of the program is to enh nee urban communities by providing: • decent, safe, affordable housing; • improved infrastructure; • public facilities and services; • economic opportunities . The Federal Program obje tive re h1e\-ed throu h proj ts dt!'el ped by local governmen ts that primaril benefit l O\\-and mod rate mcom families and oth r f der.» o bj ec ti ves . The request for fund ma~ I o includ actl\lties that me t oth r ur ent ' .. • • de ve lopment needs in communities such as damage from flooding, tornadoes, fire, etc. Local governments determine which activities best serve the objectives of the program. Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory formula to each entitlement area . Arapahoe County is an approved entitlement area. The grant funds are currently distributed to participating cities within Arapahoe County based on each jurisdiction's poverty population as identified from the latest census information. The current participating jurisdictions are the Cities of Englewood, Littleton, Sheridan , Glendale, Deer Trail, and Greenwood Village plus unincorporated Arapahoe County. The funding level for the City of Englewood for FY2006 is anticipated to be $150,000, the same as it has been for the past three years . An additional non-jurisdictional pool of funds of approximately $400,000 is also available directly from Arapahoe County for projects that benefit persons living in any part of the county. The City of Englewood must submit an application in order to receive its portion of the 2006 CDBG funding from Arapahoe County. The application will be for a total of $160,000. This includes the anticipated $150,000 plus an additional $10,000 from the non- jurisdictional pool of funds. Englewood's FY2006 program consists of three possible projects that meet current housing and neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators and the County Commissioners . The listed projects and funding levels may change based on those reviews. FY 2006 CDBG funds will be r equested for the following projects : 1) $75,000 for the Housing Rehabilitation Project to provide loans to low-income homeowners to finance the costs of major household repairs and improvemenb. This Project also includes a handyman/small rehab project program to auist . seniors and disabled persons with minor household repairs; 2 ) $25,000 for a sixth-year request to assist with staffing needs fOf the House of Hope homeless shelter; 3) $60,000 for a neighborhood revitalization #paint-up/fix-up• project desired to improve the visual appearance of owner-occupied properties in a targeted residential area within the City. FINANCIAL IMPACT Existing Community Deve lopm ent staff will administer the proposed projects.. Staff salaries and benefits represent the City's participation in the projects. LIST OF ATTACHMENTS Resolution ,. ' ( SERIES OF 2005 RESOLUTION BY THE Clil:.,OF ENGLEWOOD AUTHORIZING THE CITY OF ~~. ~."N')-M'f Alf A11UCMIOWWll'IUilUM10BC0UNTY. FOR A 2006 COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through J 994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 3, for funding years 2004 through 2006; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado desires to apply for these funds through the Arapahoe County 2006 Community Development Block Grant to fund the Housing Rehabilitation Program, House of Hope staffing and neighborhood revitali:t.ation projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section l, The City of Englewood, Colorado, is hereby authorized to file an application for an Arapahoe County 2006 Community Development Block Grant Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms, documents, assurances and certifications for the Community Development Block Grant application for and on behalf of the City Council and the City of Englewood . ADOPTED AND APPROVED this 3rd day of October, 2005 . ATTEST : Douglas Garrett, Mayor Loucri shia A. Ellis , City Clerk t • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.__, Series of 2005 . Loucrisbia A. Ellis, City Clerk • • COUNCIL COMMUNICATION Date: Agenda Item : Subject : O ctober 3, 2005 Approval for Purchase of Vibrating Roller Initiated By : Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previo us Council action has been taken . RECOMMENDED ACTION Approve, by motion, the ~p( Honn.en Equipment Company. tia,nm HD 70 HV roller in the amount of $76,257 from BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Streets Division utilizes this p iece of equipment for overlaying and paving projects o n the City's roadways . The existing roller, unit 3223, was purchased in 2000, but was recently damaged beyond repair in an accident. FINANCIAL IMPACT Four bids were rece ive d; Honnen Equipment Company submitted the lowest ac ceptable bid of $76,257. Funds for repl ac em ent o f this r oll er are available in the CERF ($43,757), with insurance covering the ba lance ($32,500), totaling $76,25 7. LIST OF ATTACHMENTS Summary Specifica t ion Shee t Bid Proposal from H on nen Equipmen t Company Bid Tabu lation Shee t ' ' . t • • STATE AWARD SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES YES IF YES , AWARD#_·------------ MANUFACTURER OF VEHICLE __._H. ..... a .... m ........... M ......... _____ _ MODEL OF VEHICLE H 1) •)O HI ) AIR CONDITIONING YES @ AUTOMATIC TRANSMISSION YES ~ POWER WINDOWS YES 4D POWER DOOR LOCKS YES ~ 4 WHEEL DRIVE YES ~ ALTERNATIVE FUEL OPTION YES @ C E R F REPLACEMENT ~ NO NEW ADDITION TO FLEET YES @ DEPARTMENT VEHICLE ASSIGNED TO ~~ 'D-e.p:t COMMENTS : ~bee ment fur ar~t'tA I /Jntt ( If 3J23) i hat: was i,pt:l!J ~,,( due in an acc,~21 t. [uruz!s :a t2ir fa k l.c :Pawi (;.,.£ .s I 11 sur«nee, .. t .. .. • • C Item No. DescriQtion 1. Vibrating Roller 2 . Parts manual 3. Shop service manual 4 . CD training manual TOTAL BID BID PROPOSAL VIBRATING ROLLER Est. Price ~ ~ $..:J/,.JJR:1 $~ $~ $~ Bid frj!,§ $.2Ufa $-1.l§.,_ It $~ s_a._ s 1, a.1 I Estimated date of ctelivery ____ ...,!l&i.1!-S:~A~-.n1111«r:11L....t1tl.!l~~-__.,:::Ml~.:.-St11Utr1.._ ALL MATERIAL F.0.8. CITY OF ENGLEWOOD 2800 Sou1h Platte River Drive Englewood, CO 80110 INVOICING TERMS 1>t,I# t.;P?I R«E/,r #ti'-INWllt:£ Does your Company accept payment in the form of a credit card? Yes __ No K_ Price quote firm for 90 days. Exceptions: _........,,1/i"""~-C.__ __________________ _ By : 14n'Tll f.. ~SS/1!€ Na~~~csc < Signa 71Q/ffTM'I' h'/Affl&iflL.. .1'9".4zK«V zc:a.,- Date Title 1-1C#l\ll£AI E:Pelj<1tt1e>JT anyi,~ Address 3o3 -Z87-7sr>6 Telephone 2800 So . Platte River Drive, Englewood. Colorado 80110-1407 Ph (303)7 62-2 393 Fu (303)783-695 1 www .en1lewood10V,Ofl ... .... • , • City of Englewood Bid Tabulation Sheet Bid Opening: 8125/05 10:30 a.m. ITEM: IFB-05-143 Vibrating Roller ...... • -~.~I . , . . . ,,. . .... Parts Shop Service Training Vendor Qty Roller Manual Manual Manual Honnen Equipment Keith 303-286-4811 1 $76,007.00 • 125.00 • 125.00 • . 5055 E 72nd Ave. No charge Commerce City, CO Faria Machinery Compam Mark 303-289-5743 1 $83,585.00 • 80.00 • . • . 5770 E 17th Ave NIA NIA Commerce City, CO Macdonald Equip Co Joe 303-287-7401 1 $76,374.00 • 121.00 • 121.00 • . 7333Hwy85 Nona Commerce City, CO Wagner Equip Co Pat 303-739-3084 1 $111,567.00 • . • 300.00 • . P.O. Box 17620 No charge NIA Denver, CO ( • • • • .(J .... ~ .. . . ....... ' . Total Bid 79,217.00 13,171.00 79,830.00 11,117.00 . . . ' \, 1 ___ , ... ~--~ ·----~------~~-~~.' Exceptions: No • nolecl Modal Hamm HD70HV ... bid documenta Modal .. Rand IR DD-70 is.. bid documenta Modal CC222HF Is. bid documenta Modal CIII CB-4340 0 COUNCIL COMMUNICATION Date Agenda Item Subject ~ October 3, 2005 ,-Bill For An Ordinance Adopting ,,.,.. ---~ the Budget For Fiscal Year 2006 J Initiated By Staff Source Department Of Finance and Administrative Services Frank Gryg:ewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2005 Goals/2006 Budget discussion on May 7, 2005. A preliminary budget summary and update was done on August 15, 2005 . A public hearing regarding the proposed 2006 Budget was held on September 19, 2005 . The operating budgets and Multiple Year Capital Plan for all City depa rtm ents and funds were reviewed at a budget retreat held on September 24, 2005. RECOMMENDED ACTION Staff re commends Council approve the proposed bill for an ordinance adopting the 2006 budget BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter o f the City of Englewood requires the City Council to adopt the next year's Budget and Appropria tion Ordinances no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The General Fund is budgeting total sources of funds of $36,286,2 94 and total uses of funds of $36, 136,240 lea ing an unreserved/undesignated fund balance of $5,497,9 81 or 15.6 percent of total re, enues. The total General Fun d appropriation is $36,136,240 for 20 06. LIST OF ATTACHMENTS Pr o po sed bill for an ordinance ' ... •' ; . ,•' • • ·• • • 0 0 ORDINANCE NO. SERIES OF 2005 BY AUTHORITY AB.ll-LPOR. COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2006. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2006 was duly submitted by the City Manager to the City Council on September 15, 2005; and WHEREAS, a public bearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 19, 2005. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood bas studied and discussed the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2006 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. That the budget of the City of Englewood, Colorado, for the fiscal year 2006, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 2006. Sectjon 2. GENERAL FUND Total Fund Balance, January I, 2006 Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Re venue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous Total Revenues Other Financing Sources Total Sources of Funds -1- 2006BUDGET s 6,575,194 Revenues 21,236,125 2,910,912 2,586,038 700,000 1,3 04,810 2,884,000 2,147,353 1,250,000 IBJ,Qgg s 35,202,238 l~.Q~ s 36,286,294 ' .. .. • • Legislation City Attorney 's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development Library Services Parks and Recreation Services Contingencies Debt Service Total Uses of Funds Total Fund Balance, December 31 , 2006 Scctjon 3, DEBT SERVICE FUNDS General Obli&ation Bond Fund Fund Balance, January l , 2006 Revenues Expenditures Fund Balance, December 31 , 2006 Pa vio& Di strict #35 Fund Balance, January l , 2006 Revenues Expenditures Fund Balance, December 31, 2006 P1vi0& District #38 Fund Balance, January 1, 2006 Revenues Expendihrres Fund Balance, December 31, 2006 Concrete Replacement District 1995 Fund Balance January I, 2006 -2- s s s s s s s s s s s s s s s Expenditures 321,530 717,416 867,863 667,379 547,679 ' 1,644,324 1,221,227 4,938,584 .... 15 ,536,057 .. 1,682,883 1,222 ,642 5,382 ,099 129,SOO 1,257,057 36,136,240 6,725 ,248 113,372 9SS,000 1,064,018 4,354 < 28 ,982 > 32,133 3,151 -0- 2,777 53,607 56,22 1 163 • • < 3,339> Revenues $ 4,689 Expenditures $ 1,350 Fund Balance December 31, 2006 $ -0- S~tiQD ~. SPECIAL REVENUE FUNDS . ' C12oservati120 Trust Fund ., Fund Balance, January l, 2006 $ 30,032 Revenues $ 305,500 .:-.. .. .. Expenditures $ 223,SOO Fund Balance, December 31, 2006 $ 112,032 C12mmea.ill B,ey11b:iD& Loan fUDd Fund Balance, January l, 2006 $ 203,362 Revenues $ 2,000 Expenditures $ 30,SOO Fund Balance, December 31, 2006 s 174,862 • C11mm11Pib'. Qexel1111ment Fund Fund Balance, January l, 2006 s ..(). • . ... Revenues s 450,000 Expenditures s 4SO,OOO Fund Balance, December 31, 2006 s ..(). P12012rs Fugd Fund Balance, January l, 2006 s 331,326 Revenues s 137,750 Expenditures $ 143,170 Fund Balance , December 31 , 2006 s 325 ,906 Malley Center Trust fund Fund Balance , January l , 2006 s 210,478 • • Re ven ues s 4,000 Expenditures s 200,000 -3- Fund Balance, December 31, 2006 $ 14,478 farlcs ilDd Rcccali110 I~t Eund Fund Balance, January 1, 2006 $ 406,571 Revenues $ 2,000 Expenditures $ 10,777 . ' Fund Balance, December 31, 2006 $ 397,794 SRSlS,iill Alm11mm1 Slolll!h.111 & ~fii.ieoi.x EIIDII t-. Fund Balance, January I, 2006 $ 32,362 .. Revenues $ 1,000 Expenditures and Transfers $ 22,000 Fund Balance, December 31, 2006 $ 11,362 0pco Spaa; EIIDII Fund Balance, January I, 2006 $ 154,369 Revenues $ 502,000 Expenditures and Transfers $ 599,000 Fund Balance, December 31, 2006 $ 57,369 Scctioo s. CAPITAL PROJECT FUNDS fublic lmprovcmcot fund Fund Balance, January 1, 2006 $ <279,S47> Revenues $ 2,915,000 Expenditures and Transfers $ 2,630,856 Fund Balance, December 31, 2006 $ 4,597 Capital frojcc111 Euod Fund Balance, January I , 2006 $ 404,111 Revenues and Transfers In $ 897,726 Expenditures s 1,227,726 Fund Balance, Dcccmber 31, 2006 s 74,111 • • Sccti110 !i. INTERNAL SERVICE FUNDS Scrviccmcc EIIDII Fund Balance, January I , 2006 s 513,705 -4- ( Revenues s 1,651,139 Expenditures s 1,654,218 Fund Balance, December 31, 2006 s 510,626 CIU!illll ~llb!m!.Dl RC11l11&1<m1.Dl F1,1od Fund Balance, January l, 2006 s 977,752 . t Revenues s 754,035 Expenditures s 771,131 ·/to -~ .. Fund Balance, December 31, 2006 s 960,656 R,isk Management FWld Fund Balance, January 1, 2006 s 1,466,209 Revenues s 1,208,224 Expenditures s 1,495,872 Fund Balance, December 31, 2006 s 1,178,561 Employee Qeoefiy Fwd Fund Balance, January l, 2006 s 54,471 Revenues s 4,826,635 Expenditures s 4,533,688 Fund Balance, December 31, 2006 s 347,418 CegtrJI Sgyjces 'Fimd Fund Balance, January I, 2006 s 254,784 Revenues s 337,SOO Expenditures s 355,886 Fund Balance, December 31, 2006 s 236,398 $C1.tiou 7. ENTERPRISE FUNDS • Water Eimd Fund Balance, January I, 2006 s 3,880,496 • Revenues s 7,114,714 Expenditures s 8,695,098 -5- Fund Balance, December 31, 2006 s 2,300,112 Sewer Fund Fund Balance, January I, 2006 s 56,838,623 Revenues s 10,435,757 Expenditures s 30,773,466 t Fund Balance, December 31, 2006 s 36,500,914 .. Stoan Drajnage Fund .. Fund Balance, January 1, 2006 s 547,795 Revenues s 308,000 Expenditures s 407,596 Fund Balance, December 31, 2006 s 448,199 Golf Course Fund Fund Balance, January I, 2006 s 557,770 Revenues s 1,987,500 Expenditures s 1,903,292 Fund Balance, December 31, 2006 s 641,978 Concrete Utility Fund Fund Balance, January I, 2006 s 447,390 Revenues s 579,125 Expenditures s 647,956 Fund Balance, December 31, 2006 s 378 ,SS9 Ho1.1~iu11 Reh1l!ilill!tion Fund Fund Balance, January I , 2006 s 1,237 ,109 Revenues s 1,824,SOO Expenditures s 1,824,SOO , • • Fund Balance, December 31, 2006 s 1,237,109 . - C ( Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 3rd day of October, 2005 . Published as a Bill for an Ordinance on the 7'b day of October, 2005. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance introduced and read in full on the 3id day of October, 2005 . Loucrishia A . Ellis -7- • t . .. .' • • -., .CJ. COUNCIL COMMUNICATION Date Agenda Item Subject October 3, 2005 11 a ii Bill For An Ordinance Appropriating Funds For Fiscal Year 2006 lnit_iated By I Staff Source Deoartment of Finance and Administrative Services Frank Grv2lewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2005 Goals/2006 Budget discussion on May 7, 2005. A preliminary budget summary and update was done on August 15, 2005. A public hearing regarding the proposed 2006 Budget was held on September 19, 2005. The operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 24, 200S. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for fiscal year 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The General Fund is budgeting total sources of funds of $36,286,2 94 and total uses of funds of $36, 136,240 leavi ng an unreserved/undesignated fund balance of $5,497,981 or 15.6 percent of total revenues. The total Ge neral Fund appropriation is $36, 136,240 for 2006. LIST OF ATIACHMENTS Proposed bill for o rdinan ce t ' . ._ ... • • - ( ( ORDINANCE NO . SERIES OF 2005 BY AUTHORITY 4BILLFOR. (J COVNaL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSijS IN THB CITY OF ENGLEWOOD, COLORADO. FOil THE~ U'A.ll ' BEGINNING JANUARY I, 2006, AND ENDING DECEMBER 31, 2006, CONSTITUTING WHAT IS TERMED 1llB ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. WHEREFORE, City Council and staff held a 2006 budget and goal setting meeting on May 7, 2005; and WHEREFORE, a public hearing on the Proposed 2006 Budget was held September 19, 2005; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 24, 2005; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY 1llB CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January l, 2006, and ending December 31, 2006, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically u follows : GENERAL FUND Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development . Library Services Parks and Recreation Services Contingencies -1- s 321,530 717,416 867,863 667,379 547,679 1,644,324 1,221,227 4,938,584 15,536,057 1,682,883 1,222,642 5,382,099 129,500 ' • • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund $ CONCRETE REPLACEMENT WSIRICT 1995 Total Concrete Replacement District 1995 PAVING DISIRICT #35 DEBT SERVICE FUND Total Paving District #35 Debt Service Fund PAVING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund CONSERVATION TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORS FUND Total Donors Fund MALLEY CENTER TRUST FUND Total Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund -2- 963,027 294,030 36,136,240 $1,064,018 $ 1,350 $ 3,151 $ 56,221 $ 223,500 $ 30,500 $ 450,000 $ 143,170 $ 200,000 $ 10,777 t ·ltt .. • • ( C ( SPECIAL ASSESSMENT SURPWS & DEFICIENCT FUND Total Special Assessment Surplus & Deficiency Fund OPEN SPACE FUND Total Open Space Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND Total Capital Projects Fund SERVICENTER FUND Total ServiCenter Fund CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICES FUND Total Central Services Fund RlSK MANAGEMENT FUND Total Risk Management Fund EMPLOYEE BENEFITS FUND Total Employee Benefits Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund -3- $ 22,000 $ 599,000 $ 2,630,856 $ 1,227,726 $ 1,654,218 $ 771,131 $ 355,886 $ 1,495,872 $ 4,533,688 $ 8,695,098 $30,773,466 ' • • STORM DRAINAGE FUND Total Storm Drainage Fund GOLF COURSE FUND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund S 407,596 S 1,903,292 S 647,956 S 1,824,SOO Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2006. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2006, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2006. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services durina the year 2006, may be so distnl>uted among the respective funds herein u the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 200S, any surplus money in any of the respective funds, after all claims for 200S against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 3rd day of October, 200S . Published as a Bill for an Ordinance on the 7th day of October, 200S. ATTEST : Loucrishia A. Ellis, City Clerk -4- .. t ,• • • I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance introduced, read in full, and passed on first reading on the 3n1 day of October, 2005. Loucrishia A . Ellis -s- ' • • COUNCIL COMMUNICATION Date Agenda Item Subiect O ctober 3, 2005 11 a iii Bill for an Ordinance adopting the Budget for the Littleton/Englewood Wastewater Treatment Plant for Fiscal Year 2006 Initiated By I Staff Source Department of Finance and Administrative Services Frank Grvldewicz Director COUNCIL COAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2005 Goals/2006 Budget discussion on May 7, 2005. A preliminary budget summary and update was done on August 15, 2005. A public hearing regarding the proposed 2006 Budget was held on September 19, 2005. The operating budgets and Multiple Year Capital Plan for all City departments and funds w as re viewed at a budget retreat held on September 24, 2005. RECOMMENDED ACTION St aff recommends Council approve the proposed bill for an ordinance adopting the Budget for the Littleton/Engle w ood Wastewater Treatment Plant for fiscal year 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City Council of the City of Englewood acts as administering authority for the Littleton/Englewood W astewater Treatment Plant, a part of the duties indude adopting bills for ordinances for the 2006 Budget and Appropriati on Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The Littleto n/Englewood W as tewater Treatment Plant is budgeted to have a beginning funds available ba lan ce of S 115,6 74, to tal so urces o f funds of $49,186,470 and total uses of funds of at $49,186,470 lea ,i ng th e ending funds av ai labl e b ala nce at $1 15,674 . The total appropriation (use of fu nds ) for 2006 is $49,186,470. LI ST OF ATTAC HMENTS Pro p ose d bill fo r o rdina nce t . ,• • • C ( ORDCNANCE NO . SERIES OF 2005 BY AUTHORITY //,iii OOUNCIL BILL NO . 46 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE ADOPTING THE BUDGET FOR THE LITILETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2006. WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2006 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 25, 2005 and submitted to the City Council; and WHEREAS , a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September 19, 2005, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2006 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon l. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2006, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fi scal year 2006, as follows: Litt leton/En~Jewood Was tewater Treatment PJa nt Fund Balance -January I , 2006 Revenu es Expenditures Fund Balance -December 31, 2006 -1- $ 115 ,674 49,186,470 49,186,470 115 ,674 ' .· .. .. • • Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies tbcrcof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 3RD day of October, 200S. Published as a Bill for an Ordinance on the 7th day of October, 200S. ATTEST: Douglas Gumt, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Enalewood, Colorado, hereby certify that the above and forqoing is a true copy of a Bill for an Ordinance introduced, read in full and passed OD tint reading OD the 3o1 day of October, 200S . Loucrisbia A. Ellil -2- • t .. COUNCIL COMMUNICATION Date Agenda Item Subject October 3, 2005 11 a iv Bill for an Ordinance Appropriating Funds for the Littleton/Englewood Wastewater Treatment Plant for Fiscal " Year 2006 Initiated By I Staff Source Department of Finance and Administrative Services Frank Grvldewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2005 Goals/2006 Budget discussion on May 7, 2005. A preliminary budget summary and update was done on August 15, 2005. A public hearing regarding the proposed 2006 Budget was held on September 19, 2005. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 24, 2005. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for the Littleton/Englewood Wastewater Treatment Plant for fiscal year 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant, a part of the duties include adopting bills for ordinances for the 2006 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The Littleton/Englewood Wastewater Treatment Plant has budgeted a beginning funds available balance of $115,674, total sources of funds of $49,186,470 and total uses of funds of at $49, 186,470 leaving the en ding funds available balance at $115,674. The total appropria tion (use of funds) for 2006 is $49,186,470. LIST OF ATTACHMENTS Proposed bill for o rdinance t .;.. .. .. • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY BILLFOll COUNClli ~ tf(). 47 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE APPROPRIATING MONIES FOR THE LITILETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY l, 2006, AND ENDING DECEMBER 31, 2006, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant bas its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee approved the following as the 2006 budget at the August 25, 2005 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement, there be and bereby is appropriated from the revenue derived from operation of the Littleton/Englewooci Wastewater Treatment Plant in the City of Englewood, Colorado, and from all otl:ier sources of revenue in the Littleton/Englewood Wastewater Treatment Plant Fund incl 'mg available fund balance during the year beginning January I, 2006 , and ending December 31, 2006, the amounts hereinafter set forth for the object and purpose specified as follows : Total Littleton/Englewood Wastewater Treatment Plant Fund S 49,186,470 lntroduced, read in full, and passed on first reading on the 3rd day of October, 2005. -1- ,. ·- • t . . • Published as a Bill for an Ordinance on the 7th day of October, 2005 . Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the 3"' day of October, 2005. Loucrishia A . Ellis -2- Date October 3, 2005 Initiated By COUNCIL COMMUNICATION Agenda Item 11 a V Subject Bill for an Ordinance Establishing the 2005 Mill Levy Collected in 2006 Staff Source Department Of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2005 Goals/2006 Budget discussion on May 7, 2005. A preliminary budget summary and update was done on August 1 5, 2005. A public hearing regarding the proposed 2006 Budget was held on September 19, 2005. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 24, 2005. RECOMMENDED ACTION Staff recommends Council approve this bill for an ordinance establishing the 2005 mill levy to be collected in 2006. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund. TABOR restricts the City fmm raising the mill levy without a vote of the citizens. This year's General Fund mill levy is unchanged from 2004 (5 .8BO mills). The 2005 levy is required to be certified to Arapahoe County by December 15, 2005 for collection in 2006. FINANCIAL IMPACT Base d o n th e as ses sed valuation for the City of Englewood as certified by the Arapahoe County Assessor, th e ne t assesse d valu e o f all properties in Englewood for 2005 is $438,755,100 compared to $414,499,950 fo r 2004. The 2005 mill for General Fund operations is 5.880 mills and 2.220 mills for the Community Cen t er D e bt Serv ice Fund . The total mill levy is 8.100 for 2005 collected in 2006. The total amount b udge ted fo r th e G eneral Fund is $2 ,534,000 (net of uncollectibles, abatements, etc.). The amount bu dge ted fo r th e G eneral Obligation Bonds Debt Service Fund is $950,000 (net of uncollectibles, aba tem ents, etc .). ' • • A homeowner with a $200,000 dollar home in Englewood would pay the following to the City of Englewood: Market Value Assessment Ratio Assessed Value General Operations Mill Levy Taxes Paid For General Fund Operations Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taxes Paid for General Obligation Bonds Market Value Assessment Ratio Assessed Value Total Mill Levy Total Taxes Paid To Cify Of Engiewood LIST OF ATTACHMENTS Proposed bill for an ordinance $200,000 7.96% $15,920 5.880 $93.61 $200,000 7.96% $15,920 2.220 $3S.34 $200,000 7.96% $15,920 8.100 $128.9S *' t -· .. • • C ORDINANCE NO. SERIES OF 2005 BY AUTHORITY AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPER.TY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X. Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2005, due and payable as required by statute in the year 2006, a tax of 5.880 mills on the dollar for the General Fund of the. City of Englewood, Colorado, and 2 .220 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 3rd day of October, 2005 . Publ ished as a Bill for an Ordinance on the 7th day of October, 2005 . Douglas Garrett, Mayor ATTEST: Loucri shia A . Ellis, City Clerk -1- ' .• • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 3111 day of October, 200S . Loucrishia A. Ellis, City Clerk , -2- t • • { ·• • '7;b5 1. 2. 3. Call to order p.m. . ,-.~ Pledge of All- 4. Roll call Members: __ ___,absent 5 . CC ?}'~ minutes COUNCIL • Meeting WOl1<ing nolN ' ' I .. r··--. I ~ •--_.A) I· • C C AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 3, 2005 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 2. 3 . 4 . 5 . Invocation. Pledge of Allegiance . Rolf Call . Ge~ei"'<k 1se( lM 8J'v5.q-w,~·~ ~ 0'a.llor{\wkA ~~ · 1 7 ~ c.£u.flt,L Consideration of Minutes of Previous Session. --r-1ttls ~ Mc45 a. Minutes from the Regular City Council meeting of September 19, 2005. 6. Reco gnition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. Recognition of Unsched ul ed Public Comment. (Plea se limi t your presentation to five minutes. Time for un sched ul ed public co mment may be limited to 45 minutes and if tJkM"E. ~ed shall be con tinu ed to General Discussion .) ' ' fl'\\.U'\ I 0."J)CU) ~ - 8 . Commarli ca tion s, Proclam ation s, and Appointments. a. Proclamation declaring October 8, 2005 as "ACE A & A Tradin' Post Day." Pl .i 001 If ou ha, a d, bihl), and need aU'<l~f) id Of en1ces, pl ase notify the City of Englewood ()03-7 62 -240'.'l at I .i t 48 hours in ,uh.ince oh~hen ~ices re needed. ~nl< ou. t .. .. • • • Englewood Ci ty Council Age nd a Octo b e r 3, 2005 Page 2 9. Cons ent Agenda Items . a. Approval of Ordinances on First Reading . i. Council Bill No. 50 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending sections of the Englewood Municipal Code pertaining to unpaid sales taxes . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . ii . Council Bill No. 41 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending sections of the Englewood Municipal Code pertaining to the liquor Code. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . iii. Council Bill No. 49 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending Title 5 of the Englewood Municipal Code pertaining to Miscellaneous Licenses. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . iv. Council Bill No. 42 -Recommendation from the Department of Community Development to adopt a Bill for an Ordinance approving the purchase of property at 2394 West Wesley Avenue .· STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. v . Council Bill No. 48 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a Bill for an Ordinance granting three utility easements to Public Service Company of Colorado for installation of new gas mains at 2900 S. Platte River Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Mark Van Nostrand, Senior Project Engineer . b . Approval of Ordinances on Second Reading . i. Co un ci l Bill No. 39, app rov in g the Lice nse A greem ent and Tem porary Cons tru c tion Agree men t wi th Wild acre, LLC fo r cro ssin g the City D itch. c. Resol ution s and Moti ons. i. Reco mmenda ti on fro m th e Co mmuni ty D e elopment D epartment to ap prove a Reso lutio n authorizi ng City appl ica tion to Arapahoe County fo r Federal Fiscal Year 2006 Communi ty D eve lo pmen t Bl ock Grant (C DB G) fu nds . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. Please note : If yo u have a di sability and need auxiliary aids or servk es, pl e ase notify lhe City of Englewood (30 3-76 2-2 407) at least 48 hours in advance of when services are needed. Thanlt you. t . .. .. • • Eng lewood City Counci l Ag e nda October 3, 2005 Page 3 ii. Recommendation from the Public Works Department to approve, by Motion, the purchase of one Hamm HD 70 HV roller. Staff recommends awarding the contract to the lowest acceptable bidder, Honnen Equipment Company, in the amount of $76,257. STAFF SOURCE: Rick Kahm, Director of Public Works. 10. Public Hearing Items . (No Public Hearing Scheduled .) 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . i. Council Bill No. 44 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii . Council Bill No. 45 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance appropriating the 2006 Budget for the City of Englewood. STAFF SOURCE: Frank Cryglewicz, Director of Finance and Administrative Services. iii . Council Bill No. 46 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Cryglewicz, Director of Finance and Administrative Services. iv . Council Bill No. 47 -Recommendation from the Department of Finance and Admini strative Services to adopt a Bill for an Ordinance appropriating the 2006 Budg et fo r the Englewood/Littleton Wastewater Treatment Plant. STAFF SOURCE: Frank Cryglewicz, Director of Finance and Administrative Services. v. Council Bil l No. 43 -Recommendation from the D epartment of Fin ance and Adminis tra tive Services to adopt a bill fo r an ordinance approving the 2005 M ill Levy for co ll ection in 2006. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services . b. Approval of Ordinances o n Sec ond Rea ding .... c. Resolutions and Motions. Please note: If ou have a disability and need auxiliary aids or services, please notify lhe City of Englewood (303-762-2407) al least 48 hours in advance of when sefVices iire needed . Tori . .; • • Englewood Ci ty Coun ci l Agenda Octo b er 3, 2 005 Page 4 12. General Disc ussion : a. M ayo r's Choice. b . Council Members' Choice . 13. City Manager's Report. 14 . City Attorney's Report. 1 5. Adjournment. Th e following minutes were transmitted to City Council from September 16 to September 29, 2005 : • Alliance for Commerce in Englewood meeting of June 9, 2005 . • Election Commission meeting of June 8, 2005 . • Keep Englewood Beautiful Commission meetings of June 14, July 12, and August 9, 2005. • Urban Renewal Authority meeting of May 18, 2005. Please note: If you have a ~ty and need auxiliary ~s or services, please notify lhe City of Englewood (303-762-2407) at least 48 hours in advance of when services are needed. Thank - /I"'°'"--4 us-+=:-""-\ $-tef)~~ ~€.J\t> ·• • • r'\ Lj r-~~ -l ',l ---.) I . ' -,• . • • • I. Call to Order ·• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTV,COLORADO Regular Session October 3, 2005 0 (-----. (_J The regular meeting of the Englewood City Council was called to order by Mayor Garrett al 7 :30 p.m. 2 . Invocation The invocation was given by Council Member Barrentine./ 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garrett . / 4 . Roll Call e Absent : A quorum was. present . Also present : Council Members Tomasso, Moore, Barrentine, Garrett , Bradshaw, Wolosyn, Woodward None ~-~? City Manager Scars., ~ City Attorney Brotzman / • • . (j~ Assistant City Manager Flaherty/ <;,.,, rt'-'f ~ City Clerk Ellir \" ov ./l)irector Olson, Safety Services ?,nY .II>irector Gryglewicz, Finance and Administrative Scrvice}V"" .lloi:siAg Fiaaaec Spccialisr Ga inm.cu, eumma111ty Btvelupme11r ~irector Fonda, Utilities ..5etaios Psojeet iRsi11eer tJesbm.d. ------- /Director Kahm, Pub!lc Works • Fire-~ Ya...~z.L~ Police ..ltfb ~O\.~ 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER\f\.\~~AND IT WAS SECONDED, TO APPROVE THE I\IIN UTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 19, 2005. 1 0 Aye s : Co uncil Members Barrentine. Moore , Bradshaw, Garrett . Wolosyn. / Woodward , Tomasso Na ys : No ne Mo11o n carried . 6. Recognillon of Scheduled Public Comment Th ere were no sc hedul ed vis it o rs. 7 . RecognltionofUnscbeduledPubllcComment ~ ~O~~ '\ T.h ere were~nsc he dul ed v1 si1 ors.::;~iC/(.,1'\~ -Q,)l~-J l.4.lv -~"'X &,y)()_ , ,. -..~ ,I\.. -'"7 ~ \...ord ,/) I "' IV / ~lU\.f\t. C.., ~, • "-G ('11:J 00.1..1 IY_:>,..,~ °'::> ----=y \ ._ --:::I £:tUilc.b r11:h~f _ ~ .,_ ~ ~~)(,; ~1?----v--~ t .. .. • • --·• • • Englewood City Council October 3, 2005 Page 2 V)'I'f)8. Communications, Proclamations and Appointments (a) A proclamation declaring October 8, 2005 as ·'ACE A & A Tradm' Post Day" was considered. COUNCIL MEMBER 0,or,A~, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOB~~~;~ACE A & A TRADIN' POST DAY". (\ /0 Ayes: Council Members Barrentine, Moore. Bradshaw, Garrett , Wolosyn . · I Woodward, Tomasso Nays : None 1 :""""'::......... . /f '"A 1:)~ COUNCIL MEMBER ~ED, AND IT WAS SECONDED, TO APPROVE CQ~ENT ~,~ ITEMS 9 (a) (i) through (v), 9 (b) (I) and 9 (c) (I) and (ii). ~ ,t\~~V' ~ \/U '54.~ Approval of Ordinances on f'irst Readmg ~ ~ P~~ n+ (1) COUNCIL BILL NO. 50, lNTRODUCED BY COUNClL MEMBER_ 7 -0 A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL C ODE 2000, PERT AlNING SALES AND USE TAX. (ii) COUNCIL BILL NO. 41 , INTRODUCED BY COUNCIL MEMBER_ A BILL FOR AN ORDINANCE AMENDING TITLE 5. CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERT AJNING TO ALCOHOLIC BEVERAGES. (iii) COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 14. SECTION 3, ARBORIST OF THE E NGLEWOOD MUNICIPAL CODE 2000. (iv) COUNCIL BlLL NO. 42 , INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF 2394 WEST WESLEY AVENUE BY THE CITY OF ENGLEWOOD, COLORADO. (v) COUNCIL BlLL NO . 48, INTRODUCED BY COUNCIL MEMBER __ A BILL FOR AN ORDINANCE GRANTING THREE UTILITY EASEMENTS TO PUBLIC SERVICE COMPANY OF COLORADO (d ba Xcel Energy) FOR INSTALLATION OF NEW GAS MAINS AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood W as tewater Treatment Plant). (b) Approval of Ordinances o n Second Reading (i) ORDINANCE NO._, SERIES OF 2005 (COUNCIL BCLL NO. 39, INTRODUCED BY COUNCIL MEMB ER BRADSHAW) AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND WILD ACRES, LLC FOR A TWO IN C H (2") UNDERGROUND WATER SERVICE CROSSING OF THE CITY DITCH . (c) Resolutions and Motions (i) RESOLUTION NO._, SERI ES Of,2005 ' .... • • -· Englewood City Council October 3, 2005 Page3 ·• • • A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2006 COMMUNITY DEVELOPMENT BLOCK GRANT. (ii) Contract with Honnen Equipment Company, for the purchase of one Hamm HD 70 HV roller, in the amount of$76,257.00. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None \Q't.¥1 IO. Public Hearing Items No public hearing was scheduled before Council. \Q 1;rA.. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and JAdministrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the City of Englewood. IJ',.J,,,~rJI;"' COUNCIL MEMBERt1...-~D, AND IT WAS SECONDED, 'fO APPROVE AGENDA ITEM II (a) (i) • COUNCIL BILL NO. 44. COUNCIL BILL NO. 44. INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO. FOR THE FISCAL YEAR 2006. Vote results: Motion carried. Ayes : Nays: Council Members Ill& C tflla.., Moore. Bradshaw. Garren. Wolosyn. Woodward, Tomasso ~~t,tvhl\(... (ii ) Director Gryglewicz presented a recommendation from the Depanment of Finance and Administrative Services to adopt a Bill for an ' OrdinJ nce appropriating the 2006 Budget for the City of Englewood . COUNCIL MEI\.-BE~D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I)· COUNCIL BILL NO. 45. COU CIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER----- A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE C ITY OF ENGLEWOOD, COLORADO. FOR THE FISCAL YEAR BEGINNING JANUARY I. 2006, AND ENDI G DECEMBER 31, 2006. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006 . Vote results: Aye : Y . ' . Council Members R·=mim, Moore . Bradshaw, Garren. Wolosyn. Woodward. Tomasso • ~f.tlM.uuhl\.l) ' .. . • • • Englewood City Council October 3, 2005 Page4 Motion carried. •• • • 0 ~'27 (iii) Director Gryglewicz presented a recommendation from the Depanment of Finance and Administrative Services to adopt a Bill for an Ordinance approving the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. aAl\ COUNCIL MEMBER ~~ED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 46 COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER----- A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2006. Vote results: '}{) Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn , Woodward, Tomasso None (iv) Director Gryglewicz presented a recommendation fr o m the Depanment of Finance and Administrative Services to adopt a Bill for an Ordinance appropriating the 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. , .. LA A A COUNCIL MEMBER\!l@.~'i'~, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 47. COUNCIL BlLL NO. 47, INTRODUCED DY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I , 2006, AND ENDING DECEMBER 31. 2006. CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2006. Vote results: Ayes : Na ys: Motion carried . Council Members Barrentine . Moore , Bradshaw, Garrett , Wolosyn. Woodward . Tomasso No ne (v) Director Gryglewicz presented a recommendation from the Depanmcnt of Fi nance and Administrati ve Services lo adopt a bi for an ordinance approving the 2005 Mill Levy for collectio n in 2006. D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) COUNC IL MEMBER (i) • COUNCIL BILL NO. 43. COUNCIL BILL NO . 43. INTRODUCED BY COUNC IL MEMBER ----- A BILL FOR AN ORDINANCE FIXING THE TAX LEVY lN MILLS UPON EACH DOLLAR OF THE ASSESSE D VALUATION OF ALL TAX ABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO. Vote results: Aye,: Nays : Council Members Barrentine. Moore. Bradshaw. Garrett . Wo losyn. Woodward. Tomasso None t ... • • - (J Englewood City Council October 3, 2005 PageS Motion carried. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9. Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda.) 12 . General Discussion ~tH./e/l AUl ,-.(, Dfv1 ~I/LI ./4:fi (1)l.., c,~i:)_ /)5'1 (a) Mayor's Choice ~.../(A.I\Al -~ 4J ~.1..,. ~ ~ v\ :~~~Lh,,,/.,t ~ ~,·.__~ aA.nL-~.J Mayor Garrett did not have any matte'.;16'brf;;~;;;counci ~ ~tf ~ (b) Council Members' Choice _ /0/,7 I I / (i) CouncilMember~i(. "" ~ ~u,,..,.,_t ">.. •• 1 1//J ~ ~ .+ u,r,ri C,WV I ,Z..10 (ii) Council Member Mow'!,-,i.t~ ~ ft> ~ s-l·i# 1 1.., 7 "2.--(iii) Council Member6~~ • IU',t..f ~~ ~ 12\'l-~_......~ 7 -r-.-~ (iv) Council Member , 1 , ..._ I.J4:z .. ~~~ -){.~ / L~ ~~'" 414</ ,~~5' (v) CouncilMemberWoM.~ VA~ - --~r1,ILQ-, .. ~Y.J I 2--Q (vi) Council Member ol II l -"4i 1::::, ~ ,. ·.,o I I~ 00 I.Ii '-.-,,_, ~ ... ,f' • "t 'V)' ~· City Mauser's Report '"""'11-~ ~'.) \ , :.~ 11 l'i -x.,,-t {::,r;jl. ':".to\'f=ity Manager Sears did not have any matters to bring before Council . --..__......:_ _______ _ .,. ... vY \~'\I\'• .,d'0 14. City Attorney's Report · \ A.~1i' \\,~ ~rV Cuy Attorney Brotzman did not have any matters to bong before Council. 11,'61 ' ~ 15 . Adjournment 3':;}-J \' \ i,"i. MAYOR GARRETT MOVED TO ADJOURN . The mee ting adjourned at __p.m. City C le rk ' • • ·• • • ' • • . -- 0 , (J . ' . ' • • ltra~ard w,11a111 Bu1111m11sttr cuu1110 Btlll lh r'-11 111 1 ll 49191 Btl • lololt0 lOI C06 l 101 ·24 lolol•• l01 C06l 101 -39 B~LM Pt•• · ldtr · H1lter11 · 'lttlrtt .......... ... anu,a ............ , .. , ........ . • t • oamuooo WAIDH lfflmOI a111.1M1 ---........ ~ •s. ..... "' ..... ns..._ ..... co .... ....,co_ --CD--------,. .... ...... I I I .......... -• • - 1. 2. 3 . 4 . 5. .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, October 3, 2005 7:30 p.m. Englewood Civic Center -Council Cha 1000 Englewood Parkway Englewood, CO 80110 Call to order. Q:&3~ Invocation. Pl edge of Allegiance. Roll c,11. ti/.t ~ Con sideration of Minutes of Previous Session . • Minutes from the Regular City Council meeting of September 19, 2005. 6. Rec ognition of Scheduled Public Comment. (Please limit your presentation to ten m~ 7. Recogni tion of Unsched uled Public Co mm ent. (Pl ease limit you r prese ntation to fi ve min ut es . Time for unsched ul ed public co mment may b e limited to 45 ~in~ lim it~d ~i)! l°llJllt t°rc,,_M~1 i)s~•o n. e~ _;~ 'A'fi,J, .,_ f .4,/l~IL-?-() . ' ~ication's;1>foc amat1ons , an Appomtm ts . ~ '!JJ?t)"'o" ded a,iag Octobe, 8 , 2005 ""ACE A & A T,adia' Po,t Day."~ P1ca c no le : If you ha, e a d1sab1hty and need u 1hary aids or ser. ices, ple;ise nobly the City of Englewood (303-762-240 7) a t I ast 48 hour in advance o f ~hen services ilre needed. lhilnk you ' ~ • • • 0 0 Engl ewood City Council Agenda O ctober 3, 2005 Page 2 11 Bill No. 50 -Recommendation from the Department of Finance and istrative Services to adopt a Bill for an Ordinance amending sections of '""""~ao"...Alewood Municipal Code pertaining to unpaid sales taxes . STAFF """'~-..., URCE: ~rJC! <i'}gle~icz, ~or of Finance and Administrative Services. V(/ ~ ii . Council Bill No. 41 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending sections of the Englewood Municipal Code pertaining to the Liquor Code. STAFF SOURCE: /~~k l"'!.g~ D~tor of Finance and Administrative Services. v~ iii. Council Bill No. 49 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance amending Title 5 of the Englewood Municipal Code pertaining to Miscellaneous licenses. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iv . Council Bill No. 42 -Recommendation from the Department of Community Development to aoopt a Bill for an Ordinance approving the purchase of property at 2394 West Wesley Avenue. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. v. Council Bill No. 48 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a Bill for an Ordinance granting three utility easements to Public Service Company of Colorado for installation of new gas mains at 2900 S. Platte River Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Mark Van Nostrand, Senior Project Engineer. b . Approva l o f Ordi n ances on Second Read i ng. (!2 #-;/2 i. Counci l Bill No. 39, approving the license Agreement and Temporary Con stru ction Agre ement with Wildacre, LLC for crossing the City Ditch. c. Reso lutions and Motions. i. ~r;t Rec ommendation from the Community Development Department to approve a Reso lution authorizing City application to Arapahoe County for Federal Fiscal Yea r 20 0 6 Community D evelopment Block Grant (CDBG) funds . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. P1ea e note: If you have a disability and need auxiliary aid s or services, please notify the City of Engl ewood 1303 -762 -2407) at leas t 48 hours in ad vance o f w hen seNices are nttded. Thank you. ' ... .. • • ·• • • Eng lewood City Council Agenda October 3, 2005 Page 3 ii . Re com mendation from the Public Works Department to approve, by Motion, the purchase of one Hamm HD 70 HV roller. Staff recommends awardingthe contract to the lowest acceptable bidder, Honnen Equipment Company, in the amount of $76,257 . STAFF SOURCE: Rick kahm, Director of Public Works . 10. Public Hearing Items . (No Public Hearing Scheduled .) g- 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. iv. Council Bill o . 47 -Recommendation from the Department of Finance and ? -;\dministrative S"ervices to adopt a Bill for an Ordinance appropriating the/ Q1 3 () A') 2006 Budget for the Englewood/Littleton Wastewater Treatment Plant. STAFt° · t ,..,. V SO~RCE: F~~ Gry~z, ~or of Finance and Administrative Sel'\l1ces. tll) ~ b . c. oun ·1 ill o . 43 · Recommendation from the Department of Finance and ministrati e Service to adopt a bill for an ordinance approving the 2005 di Levy for collection in 2006. STAFF S 1 ~E:J,ra:!:, ~ Director of finance and Administrative Services.vu ~ ~ ppro al of Ordinances on ond Reading . g- Rc olu ti on and l\otion . e- t ... •' • • - 0 n . .___). Eng lewood City Co unci l Agenda October 3, 2005 Page 4 12. General Discus sion : a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. ~)) The following minutes were transmitted to City Council from September 16 to September 29, 2005: • Alliance for Commerce in Englewood meeting of June 9, 2005. • Election Commission meeting of June 8, 2005. • Keep Englewood Beautiful Commission meetings of June 14, July 12, and August 9, 2005. • Urban Renewal Authority meeting of May 18, 2005. Please note : If you have a d1sab1hty and need au1'.iliary aids or sel\<ic~, please notify the City of Enalewood (3 03-762 -2407) at least 48 hours in ad\.ance of when~~ are needed . Thank you. ' .... ,• • •