HomeMy WebLinkAbout2004-03-01 (Regular) Meeting Agenda Packet. .
I •~
..
,. . · .• , -.a, .....
. .. '
'· . ~·
Regular City Council Meeting
March 1, 2004
Ordinance I ~~~ 13,
Ruoludon Ir,/./. 46,
14, 15, 16, l 7, 18, 19
47, 48, 49, 50, 51
• . •
....
' ... . ..
. . .. . •
•
\, . ..
•
•·
•
... .
• •
.,,
•
'
I. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD,ARAPAHOECOUNTY,COLORADO
Regular Session
March I, 2004
er
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:31 p .m.
Mayor Garrett said after the invocation we will have a moment of silence. Unfortunately, we have had three
long time residents of the community pass away in the last week or so ... Ruth Steel and Dr . & Mrs. Milligan.
2. Invocation
The invocation was given by Council Member Barrentine .
•••••
There was a moment of silence for Ruth Steel and Dr. & Mrs. Milligan .
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Garrett.
4 . Roll Call
Pre5Cnt :
Absent:
A quorum was present.
Also present:
5 . Minutes
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Yurchick
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Director Olson, Safety Services
Court Administrator Wolfe
Municipal Judge Atencio
Director Ross, Public Works
Manager of Open Space Lee, Parks and Recreation
Lieutenant Collins, Safety Services
Manager Stowe, Wastewater Treatment Plant
Operations Divi sion Manager Tallent. Wastewater Treatment Plant
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUT~ OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 17,
2004.
Mayor Garren asked if there we re a ny comments or diliC ussion . There were none .
Vote results:
• •
Englewood City Council
March I, 2004
Page2
Ayes:
Nays:
Motion carried.
6. Scheduled Visitors
Council Members Barrentine. Moore. Bradshaw. Garrett. Wolosyn.
Yurchi<:k. Tomasso
None
(a) Bill Clayton, 958 East Cornell . s.iid I am here thi s evening with some ocher folks
representing the House of Hope Homeless Shelter. I can't help but observe as I was driving down here tonight .
it is kind of chilly. we still have winter and when the evening end . we will all go home. My Dad was a rcaltor
and I remember the Board of Realtors always told America that the American dream was home ownen,hip. And
I think it is, but for some of the folks in our country. the dream is not homeownership. ii i finding a place that is
warm to sleep at night . So, one of the reasons we arc here tonight , we want 10 celebrate the fact that for three
years. the House of Hope Homeless Shelter in Englewood has been open and provtd,ng. maybe not the American
Dream, but the dream of a safe, secure shelter for women and children who arc working towards becoming self
sufficient. I think we can all be very proud of thi . Th, would not have happened without the ,saancc from
the City of Englewood. so you can be very proud and so can the rest of the rnizcm of En1le"'ood We arc
celebrating these three years and we arc c~citcd 10 be here 10 JUSI thank )'(JU for ~ tremendous SllppOfl .. for
the City of Englewood's tremendous s upport. As one of the or11inal collabora11ve po.ips thal p tolClhcr 1n a
grassroots effort and founded the Western Arapahoe ounty tio-Jcss AlhallL'c. 11 e,u:mns to be here. And
so, I am going to turn this over to Tina Podolak who i the Pre tdcnt of the Weslefn Arap;alloe County Homclc
Alliance .
Tina Podolak s.iid thank you for giving us a few minutes Some of you arc ,cry fanuhar ,.,th the House of
Hope, some of you arc not . I have drafted a lcner that I shared with Mr. Sears. We •ould hkc to'* the support
1ha1 you have given the House of Hope over the years and take that to the other -.;lpll111es an Arapalloe
County and ask for their support. Just because the House of Hope i 111111Cd ,n Enslewood docsn·1 mean thal 11
is just an Englewood responsibility or an Englewood problem. II is an Arapahoe COUllly "'-le issue. We
would like to sec the other municipalities support it as well. So. we arc kin1 you. bcc<IUSC you have done so
much for us, to sort of help give us that introduction. We will do the work . We will ao meet with them and give
them statistics and talk with them , but we do need your help in maybe opening thal doof a little bit . We arc here
to ask you if you would be willing 10 do that . Then I would like 10 also just take a few minulCS and tell you thal
three years ago, when we opened up the House of Hope, we looked 11 several orpniutions to run it ... Salvation
Army, Catholic Charities, Colorado Coalition for the Homeless and Family Tree. We selected the or11ft1Zatt0n
called Family Tree. because we thought their philosophy was the most aligned with ours and thal , lrYl"I IO
build self sufficient families , giving people the resources and tools they nccdcd IO be succ ful and to move
from a homeless position into a more stable environment for their children and their famihcs. I "'anted to take a
second tonight and just introduce you to the Family Tree leaders. bccau.~ our hope i. that they ,.,II be
transitioning into the program and taking full responsibility for it . The We tern Arapahoe COllnt Homcle
Alliance Board is a vo lunteer group. None of us work for the organizauon. We have no paid taff. I '*olllt to
introduce Ruth Ann Russell and Don Moseley.
..
t
• •
Englewood City Council
March I, 2004
Page3
..
women as old as 65 who were grandmothers taking care of their grandchildren that had ended up homeless. We
have had moms as young as 18 in the shelter. The one thing is that to come into the shelter you have to be a
woman and you have to have children. So everyone who comes into the House of Hope is a family . The
statistics give you a sort of broad range of who we see, but I wanted to tell you a couple of stories about some of
the women who have come through the House of Hope, and a little bit about what we try to get them to do while
they are there. This woman we will call Betty . She had been homeless since June of2003 and she had come out
of a very severe domestic violence situation. Her husband had literally kept her locked in an apartment for about
two years, not allowing her to go out unless he went out with her . Tha! wa s bad enough. but she had two
children, her oldest was in 5th grade and doing really, actually pretty well considering everything else going on.
Her youngest was three years old . She was 90% blind, she was unable to walk or talk and had a severe hearing
impairment. She couldn't even take her daughter out to the hospital or doctor without her husband
accompanying her. He wouldn't allow it. She finally was able to get out and get to the police . She got a
restraining order and ended up filing for divorce. That is when she ended up coming into the House of Hope.
Her youngest daughter didn 't have a wheelchair, so she used a stroller and basically carried her upstairs to get
her in and out. Her oldest daughter helped a lot to try to take care of her. Betty had an 8 .. grade education . She
really didn't have any job skills because, again, she had sort of been not allowed to work . We helped her find
daycare for her three year old so she could work . We started helping her look for housing and helped her go
back to get her GED . This way she could get a high school education and she wouldn't be in the situation where
she could only take work that someone without a high school degree needed . And , he said, an interesting thing
happened . At the same time , we had a private donor come to the House of Hope who wanted to do something
for one of the women here . He said I want to sponsor maybe some kind of scholarship program . We said what
we need is at Family Tree we have another program where we can give case management to women for two
years in apartments and help them find jobs, keep things going, because the reason people end up back homeless
is not just because they lose a job, but because they don't have the skills to manage a budget, to take care of kid s,
to get to work on time ... all those kind of things . Betty was one of those who didn 't have those skills. So we
thought 18 months to 2 years with a case manager would be great, but we couldn't find subsidized housing . Thi s
private individual from the community said, I will pay her rent for the next two years, as long as she will agree to
come in your program . She has now been in our housing program for four months. She is doing great on her
GED program . Her oldest is in school and her youngest is in a specialized day care for kids with her kind of
di sa bilities . It is a great example , I think , of someone in the private sector who has some means to step up and
help somebody. Not just give them a handout, but help them so that they can become self-sufficient. In 18
months his subsidy ends. By then we arc expect,ing her to have her GED and hopefully some job skills so she
can get a job and an apartmen! on her own. Another woman who recently came through was Sally . She has
been ho mele ss for about three years. She came out of another domestic violence situation, but she had a
different iss ue in that she was addicted to methamphetamines . Whal got her to stop her meth use , was, she found
o ut she wa s pregnant . So she went into treatment and stopped using meth . When she came to the House of
Ho pe she was re commended by o ne of the treatment providers. She came in to the House of Hope, had her baby
while she was at !he Ho use o f Hope, continued going to drug treatment out si de , continued going to NA
meetings. She was so meone who had grown up in the Englewood area. she had gone to Englewood sc hools and
her family had been in this area . She had an 11 •• grade education, so it didn't take muc h fo r us to help her get a
GED. By th e time she left the House of Hope she had fo und subsidized housi ng and was employed, and had
found day care for her baby who had j ust been born. She is sti ll off meth . It is a dail y battle for her and will be
for a long time . She is going to her meetings . She is sti ll in drug treatment and she keeps in touch with us . The
reason wo men end up in the House of Hope is not j ust because th ey do n't have money, or j ust because they don't
have a job. There are a lot of different issues . Some of the women do n't make it through our program, because
it is an intensive program and if yo u don 't work. we asl<; yo u to le ave. We ha ve a li st o f women who want to get
in there and do some th ing. You ca n be there 90 days and we will drug te st o n si te . If someone wants to come in
and use dru gs. the y are no t goi ng to stay at the House o f Hope, but if they do want to make some changes in their
li fe. we wi ll give them the o pportunit y and o ur staff is great at it . I think it is a wonderful th ing that Englewood
has helped us so much wi th this . Again. I think sometimes we th ink the homeless come from other areas .
C urre ntl y, about 60% of our clients come from thi s area of Arapahoe Coun!y . They have lots of pro bl e ms and I
think our staff is really doing a good job. The Ci ty's support ha s been terrific ... from the Po lice Departme nt to
the Fire Department who comes out on our burnt toast and th ings. so th ank yo u ve ry much .
7 . Unscht'dultd Visitors
'
• •
En1lewood City Couacll
March I, 2004
Pap4
D
(a) Gerry West. 2890 South Ogden Strcc1. said I just wanted 10 bring something to your anent ion .
I do n't know if you paid aucntion lately . but western Douglas County is fighting a transfer station . They don't
have a transfer station for their garbage in Oougla County. whatsoever. They arc all in Arapahoe Coun1y ... 1he
only two in the south area . One of them happens 10 be right down off of Santa Fe. They arc complaining about
the vermin and disease that spreads within a five -mile radius of that transfer station, plus the traffic. Now I think
if they arc so proud of their fast growing county they ought 10 take care of their own garbage. That is my
complaint. I think Englewood ought to talk 10 them about it, or talk 10 somebody, because we don't need the
traffic jam down on Santa Fe, which you know there is .
Mayor Garren thanked Mr. West.
(b) Anne Purkey said I go to Englewood High School. I am here tonight 10 ask the Council if they
would be willing lo give me a donation, because this summer I am look ing lo attend the National Student
Leadership Conference in Washington. D.C . I think the skills I could acquire there would really help out my
class and so me o f the student government classes in Englewood. I am currently class president and have been in
student government for bolh years of high school. .. I am a sophomore. I think that this conference would really
help me learn leadershi p skills that I could bring back 10 the community. so I could help our students become
more involved . It feels that a lot of times, the students al the high school don't take much interest in politics and
whatnot . I think 1ha1 if I could come back with new information about politics and all of these kinds of things. it
would really help the community . The total cost of the trip is S 1,895.00 . I have just been trying 10 gel as many
different donations as I can and I really hope that you can help me out. Thank you.
Mayor Garrell said I told Ms . Purkey that we usually deal with these things during Council Members Choice.
(a)
considered.
A resolution appointing Valerie Passerilii to the Keep Englc~ood Beautiful Commission was
COUNCIL MEMBER WO~YN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM I (a)· RESOLUTION NO. 43.. SERIF.S Of ll04.
RESOLUTION NO . 43. SERIES OF 2004
A RESOLUTION APPOINTING V ALERlE PASSERINI TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO.
V otc mulls:
Ayes :
Nay :
Mouon carried .
Council Members Barrentine. ~oore. Bradshaw, Garren. Wolosyn,
Yurchick , Tomasso
None
Mayor Garren presented M . Passerini with a, ni tic atc and a City pin.
(bl A resolution appointing David A . Sprecace as an Associate Judge for the Englewood
Municipal Court "'a ons1dc red .
COUNCIL MDIBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM I (b) • RESOLUTION NO. "4, SERIF.S Of lOIM. . ~
!~
RE 'OL ION O 44. ERIES OF 2{)(W
t
• •
Englewood City Council
March 1, 2004
Page5
(J
A RESOLUTION FOR THE APPOINTMENT OF DAVID A. SPRECACE AS AN ASSOCIATE MUNICIPAL
JUDGE FOR THE CITY OF ENGLEWOOD. COLORADO.
Mayor Garrett asked if there was any discussion . There -was none .
Vote results:
Ayes:
Nays :
Motion carried.
Council Members Barrentine. Moore, Bradshaw. Garrett, Wolosyn.
Yurchick. Tomasso
None
(c) Associate Municipal Judge David A. Sprccace was sworn in by Municipal Judge Vincent
Atencio. There was applause
Judge Atencio said David will be serving as an Associate Judge in the Englewood Municipal Court. We have a
pool of maybe a half dozen judges. we use during the time when I am not available. We really appreciate the job
that our associate judaes do and really look forward to having David come on board and help us out.
Ma~ Garrett and others congratulated Mr. Sprccace.
9 Plllllk Hftll'UII
o pubhc heanng was sc heduled before Council.
10. C--Alftlda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (a) (I), 10 (b) (I) AND 10 (c) (I), (ll), and (W).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. I, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AlITHORIZING ACCEPTANCE OF A TRANSPORTATION/UTILITY
EASEMENT ALONG SOlITH BANNOCK STREET BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND DILLON REAL EST ATE COMPANY. INC.
(b) Appro val of Ordinances on Second Readi11g
(i) ORDINANCE NO. IO , SERIES OF2004 (COUNCIL BILL NO. 7 , INTRODUCED
BY CO UNC IL MEMBER BRADSHAW)
AN ORE'JI NANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE
GI S PILOT STUDY PROJECT ON SEWER SYSTEM MAPPING BETWEEN CHERRY HILLS
S ANITATION DISTRICT AND THE CITY OF ENGLEWOOD
(c) Resolutions and Motions
(i) APPROVAL OF JUNE 12. 2004 AS THE DA TE FOR A CITY -WIDE PUBLIC SIDEWALK
SA LES EVE NT .
(ii ) INSTALLATION OF ART FOR THE MUSEUM OF OlITDOOR ARTS' 2004
DESIGN & BUILD PROGRAM .
• •
Englewood City Council
March I, 2004
Page6
(iii) PURCHASE OF A LOADER BACKHOE FROM UNIVERSAL TRACTOR
COMPANY, FOR THE PARKS DIVISION, IN THE AMOUNT OF $40,823.00.
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
11. Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Lieutenant John Collins presented a recommendation from the Department of Safety
Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to
Inoperable Vehicles, Off-Road Vehicles, and Trailers . He said the Code Enforcement Advisory Committee has
previously sent these recommended changes and additions to City Council for review. City Council hu taken
quite a bit of time in deliberation of these changes. The bill, as written , has the support of the Department of
Safety Services Police Division.
Mayor Garrett asked if there were any questions for Lieutenant Collins . There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (I) • COUNCIL BILL NO. 11.
COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECTION 2, DEFINITIONS; TITLE
15, CHAPTER 9, SECTION 1. PERTAINING TO INOPERABLE MOTOR VEHICLES; AND ADDING
ANEW TITLE 15, CHAPTER 9, SECTION 2, PERTAINING TO OFF-ROAD (ORV) VEHICLES AND
TRAILERS, OF THE ENGLEWOOD MUNICIPAL CODE 2000.
Mayor Garrett asked if there was any discussion .
Council Member Bradshaw said I just want to thank the Code Enforcement Advisory Committee for their work
· o n thi s and John, you in particular for your input and patience . Lieutenant Collins said thank you .
Vote results:
Motion carried.
Ayes :
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett , Wolosyn,
Yurchick , Tomasso
None
(ii ) Lieutenant Collins presented a recommendation from the Department of Safety
Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code pertaining to
Outdoor Storage in Residential , Business, and Industrial ZAined Districts . He said all other ordinances or
portions of ... that are inconsistent or in conflict with this ordinance, arc repealed . This bill for an ordinance
culminated month s of review and recommendations by the Code Enforcement Advisory Committee to members
of the City Council. This bill also has the support of the Department of Safety Services Police Division.
Mayor Garrett asked if there were any questions for Lieutenant Collins. There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (II) • COUNCIL BILL NO. JO.
,•
, ,
• •
--
Englewood City Coundl
March I , 2004
Page7
COUNClL BlLL NO. 10, INTRODUCED BY COUNCIL MEMBER WOLOSYN
D
A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER 7, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 BY THE ADDITION OF A NEW SECTION 4, RELATING TO OUTDOOR
STORAGE IN RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONED DISTRICTS IN THE CITY OF
ENGLEWOOD.
Mayor Garrett asked if there wa s any discussion. There was none.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw. Garrell, Wolosyn,
Yurchick, Tomasso
None
(iii) Director Ross presented a recommendation from the Department of Public Works 10
adopt a bill for an ordinance amending Tille 11, Chapter I of the Englewood Municipal Code pertaining 10 the
use of gopeds/motorized scooters in the public right-of-way. He said we recommend 1wo ordinances. Currently
these types of vehicles fall into the category of coy vehicles and under the Model Traffic Code they are
prohibited 10 be used on the screelS and can only be used on private property or on sidewalks. These vehicles are
, capable of traveling about 30 miles per hour and lhe Public Works Department discussed th is issue with the
Englewood Transportation Advisory Committee. ET AC concurred with Public Works that three foot wide
sidewalks designed to be used by pedeslrians , bordered with parked cars on one side and landscaping on the
other, and with the ever present danger of cars backing out of driveways, that this was not the suitable location
for gopeds to be operated. Now the City could have prohibited the use of these vehicles like Douglas County,
Thornton and Wcscminsler, but the use of gopeds and motorized scooters has increased in popularity in the lase
five years . Responsible use of gopeds provides an altcrnarc mode oflransportation for our community. So we
believe chat we should take the course that Lafayette and Ft. Collins has taken and approve the use of gopeds on
public slrccts. subject 10 certain provisions and restrictions. The provisions and restrictions deal with operators
being subject co the same duties and penalties applicable to the drivers of vehicles under the Englewood
Municipal Code. No person shall operate a goped or motorized scooter on the street that has a posted speed limit
of greater than 30 miles per hour. All operators of these vehicles, thac do DOI have vali4, drivers license, must
wear protective helmets and lhal helmet shall be secured in a safe manner . Now the helmet provision is noc
covered as part o f Council Bill No . 12 . II is addressed in Council Bill No . 13, which is the nc,1 item on the
Agenda . If the City Council has any questions. I would be happy to try to address them .
Mayor Garren asked if there were any questions. There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (Ill) -COUNCIL BILL NO. 12 .
COUNCIL BlLL NO. 12, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING TITLE 11 CHAPTER I, SECTION I , SUBSECTION B , WITH
THE INSERTION OF A NEW PART 4 AND PART 6 , AND WITH THE ADDITION OF A NEW
SUBSECTION C TO TITLE 11 , CHAPTER I , SECTION I , UNDER DEFINITIONS PERTAINING TO
GOPEDS/MOTORIZED SCOOTERS OF THE ENGLEWOOD MUNICIPAL CODE 2000.
Mayo r Garren asked if Chere was any discussion.
Council Member Wo losyn said I wo uld lik e to say that. although I am in perfect agreement that these vehicles do
not belong o n si dewalk s, and I think chat ET AC staff and Council did a good job of writing this bill. I, my self,
do n ·c feel chat c m fortab le 1ha1 thi s is the solution 10 the nuisance and safely issues. So. she said, I will be voting
against it .
t
...
..
• •
Eapewood Clly Coundl
March I, 2004
Pac«8
Well said, Council Member Bradshaw said.
Vole results:
Motion carried.
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Yurchick,
Tomasso
Nays: Council Member Wolosyn
(iv) A bill for an ordinance amending the Englewood Municipal Code by adding a new
subsection IO the Model Traffic Code regarding helmet requirements for operators of gopcds/molOrizcd scooters
was considered.
Mayor Garrell said I believe Mr. Ross has made his prcscn1a1ion for Council Bill No. 13 . Do you have any
questions specifically for him on Council Bill No . 13, which is the helmet regulation? There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (a) (Iv) • COUNCIL BILL NO. 13.
COUNCIL BILL NO. 13 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER I, SECTION I, SUBSECTION B OF
THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE INSERTION OF A NEW PARAGRAPH 7, WHICH
ADDS A NEW SUBSECTION (d) TO SECTION 220 (I), OF THE MODEL TRAFFIC CODE 1995,
PERT AINlNG TO HELMETS REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHILE
RIDING GOPEDS/MOTORIZED SCOOTERS.
Mayor Garrett asked if there was any discussion. There was none.
Vole .--alts:
Ayes :
Nays :
Motion carried.
Council Members Barrentine. Moore. Bradshaw, Garren. Wolosyn,
Yurchick, Tomasso
None
(b) Approval of Ordinances on Second Reading
(i) Council Bill No. 8, a bill for an emergency ordinance approving an Amendment IO the
Agreement Regarding Design and ConslrUClion of Drainage and Flood Control hnprovcrncnts for Marcy Gulch
a1 Englewood Ditch was considered.
Mayo r Garrett said thi s is a n emergency o rdinance , which means it goes into effect immediately if we pas~ ii thi s
evening.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (b) (I) -ORDINANCE NO. II.
ORDINANCE NO. 11 , SERIES OF 2004 (COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN EMERGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL
AGREEMENT BY AND BETWEEN URBAtl DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY
OF ENGLEWOOD, C OLORADO. AND CENTENNIAL WATER AND SANITATION DISTRICT FOR
DESIGN AND C ONSTR UCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
MARC Y G ULCH AT E NGLEWOOD'S CITY DITC H .
'
.... ..
. .
• .. ,.
• •
-·
Englewood City Council
March I, 2004
Page9
Mayor Garrett asked if there was any discussion . There was none.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Barrentine, Moore, Bradshaw, Garteu, Wolosyn,
Yurchick, Tomasso
None
(ii) Council Bill No. 9, a bill for an ordinance repealing the Title 4, Chapter 6 of the
Englewood Municipal Code pertaining to Admissions Tax .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (U)-ORDINANCE NO. 12.
ORDINANCE NO. 12, SERIES OF 2004 (COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER
WOLOSYN)
AN ORDINANCE REPEALING TITLE 4, CHAPTER 6, "ADMISSIONS TAX" OF THE ENGLEWOOD
MUNICIPAL CODE 2000.
Council Member Bradshaw said I will be voting against this. I voted for ii and I don't know why .. .it was a
lapse. In our issues with budget, this would certainly be a good way for us to increase our revenues, so I will be
voting against this.
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes :·
Nays:
Council Members Barrentine. Moore. Garrett. Wolosyn, Yurchick, Tomasso
Council Member Bradshaw
(c) Resolutions and Motions
(i) Manager Stowe presented a recommendation from the Li1tlc1on/Englcwood
Wastewater Plant Supervisory Commiucc 10 approve. by motion. the lease of four new over-the-road tractors
with AIM NationaLease, in the amount of $416,400.00. He said we are here to present a long term lease
agreement for over-the-road tractors that arc in our beneficial use program . They haul the trailers that take the
bio-solids. otherwise known as sludge. from the Treatment Plant out to our wheat fields . It is a five year lease
and it is replacing the lease that we have had in place with Ryder for quite some time . We negotiated a new
lease through the bidding process and recommend approval.
Mi,.yo r Garrell asked if there were any questions for Mr. Stowe . There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (I) -THE LEASE OF FOUR NEW OVER-THE-ROAD TRACTORS WITH AIM
NATIONALEASE, IN THE AMOUNT OF $416,400.00.
Mayor Garrett asked if there was any discussion. There was none .
Vote results:
Ayes:
Na ys:
Moti o n carried .
Co uncil Members Barrentine. Moore, Bradshaw, Garrett , Wolosyn,
Yurchick. Tomasso
None
'
. .. ..
• •
Englewood City Council
March I, 2004
Page 10
0
(ii) Director Ross presented a recommendation from the Public Works Departmem 10
approve, by motion, the Big Dry Creek Trail Improvements (Phase I) Project He said Englewood, Linlcton, and
South Suburban Parks Foundation have been working together for a number of years toward completing Big Dry
Creek Trail. That work has taken us from the Pla11e River to Progress Park and this Phase would get us from
Progress Park to Lchow Avenue . We have obtained funding from DRCOO and Federal TEA-21 funds to the
tune of $600,000.00 and this will make a prelly nice dent toward the estimated cost of 1.5 million dollars . The
eight bids were received and they were opened on February IO'". The engineers' estimate was $655,000.00 and
Wycon Construction Company came in with a low bid of $399,000.00, so we are recommending that City
Council authorize us to award this contract.
Mayor Garrell asked if there were any questions for Mr. Ross.
Council Member Yurchick said what happens lo the res! of the money? Mr. Ross said that will go towards Phase
II which will take us from Lchow Avenue to Broadway. So that money will roll over into Phase II as soon as
that design and the right-of-way has been completed.
Council Member Bradshaw said I will have to abstain from this, since I am the Chair of the Foundation. But
kudos to Ken and the City staff ... couldn't have done it without you guys ... particularly Dave Henderson who I
understand has been incredible. So please pass that along to him. Mr. Ross said thank you .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (II)· THE BIG DRY CREEK TRAIL IMPROVEMENTS (PHASE I) PROJECT.
Mayor Garrell asked if there was any discussion . There was none .
Vote resulls:
Ayes :
Nays :
Abstain:
Motion carried.
12 . General Discussion
(a) Mayor's Choice
Council Members Barrentine, Moore, Garrett, Wolosyn, Yurchick, Tomasso
None
Council Member Bradshaw
(i) Mayor Garrell said we have two things that were brought up during scheduled and
unscheduled visitors. The House of Hope is asking that we draft a letter, which is a support lcller. I would like
10 ask Council's feelings on whether we wam to do such a lcncr.
Council Member Bradshaw said absolutely and others agreed .
City Manager Sears said we can prepare that for your signature.
Mayor Garrell asked if all of Council would like to sign thi s one. Ms. Bradshaw said I think that would be ni ce.
Mr. Garrell sai d I think it w:i uld be a nice thing to do, if we all signed ii.
Mayor Garrell said next. Ms. Purkey has requested some funds to a11cnd the Student Leadership Conference in
Washington. D.C. I guess the first thing we should ask for is our budget report. Mr. Yurchiclr. said we haven 't
spent anything. Ms . Bradshaw said could we do $200.00 for her? Is that fair? Mr. Yurchick said $250.00
maybe . Mayor Garrell said didn't we do this last year? Ms. Bradshaw said wc did it with Up Close, that is a
gro up. She is going as an individual. Ms . Wolosyn said $250.00 is a lot, do wc want 10 preface this or qualify
it? We don 't have that kind of budget 10 help everyone ... ( don 't mind doing it, but I just feel like should we
say ... maybe one st udent a year. Mr. Yurchick said I thought it was intended to be "first come, first served ."
Ms. Brad haw said that is how I th o ught \>C handled it and when we arc out. wc are out . Ms. Wolosyn said
o ka y. that"s good .
t
..
• •
-..
Englewood City Council
March 1, 2004
Page 11
...
•
0
0
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE
CONTRIBUTING $2SO.OO TO ANNE PURKEY TO ATTEND THE STUDENT LEADERSHIP
CONFERENCE IN WASHINGTON D.C.
Mayor Garrell asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays :
Motion carried.
Council Members Barrentine. Moore, Bradshaw, Garrell, Wolosyn,
Yurchick. Tomasso
None
Mayor Garrell said Ms. Purkey was going to give Lou Ellis her phone number. City Clerk Ellis said I have it.
Ci1y Manager Sears said we will give her a call 1omorrow morning.
(b) Council Members' Choice
(i) Council Member Barrentine said usually I lead off with the Police Department, but
you arc going Lo have Lo take second fiddle Lo Ken Ross this time, who did an excellent job in responding Lo a
constituent of mine who lives right across from the high school and was having a lot of concerns. Not only did
he address this from his own department, but did a fantastic job of gelling everybody involved, together rather
quickly and 1hey met with her within a week. So I would like to recognize everybody who participated in
addressing this with her. That was Ken Ross, Ladd Vostry with Public Works, Sgt. Jeff Sanchez with Safely
Services, along with Marilyn Lamb and Nancy Wilson from Safety Services. And then of course, the Police
Department comes in with Officer Don McLennan who participated and then we had Teresa Baldwin with the
Englewood High School. I understand she is the Dean of Students over there. She was very happy with a 101 of
the solutions that came up and very positive in trying to move forward on addressing some of those community
issues. It was just impressive and thank you very much for doing that
(ii) Council Member Bradshaw said Council usually makes a contribution in flowers or
something. For the Milligan's !here are six different charities that they have rccommendcd ... one is Englewood
Uni1ed Methodist Church Memorial Fund. Englewood Uniled Methodist Church Scholarship Fund. the Tom
Murphy Scholarship Fund, Malley Ccnler Trust Fund, University of Colorado Student Loan Fund for medical
school or lhe Englewood Ro1ary Scholarship Fund. City Manager Sears said I think the Tom Murphy
Scholarship Fund is rela1cd 10 lhe swimming program at CU. Ms . Bradshaw asked if anyone had a preference.
Discussion ensued. Ms. Bradshaw said I kind of lean towards the Englewood Ro1ary Scholarship Fund, because
he started the Ro1ary . M s. Wolosyn said that is the one I was going for. City Manager Scars said yes, he was a
fo unding member. It was decided that they would make a con1ribu1ion to the Englewood Rotary Scholarship
Fund, ins1ead of !lowers.
(iii) Council Member Wolosyn said I would like to move the resolution I discussed in
S1udy Session. I would like to amend it 10 read 80% of the estimated value of revenues, in place of 90%.
[Clerk's nole: This was lisled on the Agenda as Item 12 (b) (i).j
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 4S, SERIES OF 2004 AS AMENDED TO READ "80'll> OF THE ESTIMATED
VALUE OF REVENUES", IN PLACE OF 90'llo.
RESOLUTION NO. 45, SERIES OF 2004
A RESOLUTION IN SUPPORT OF AN EQUITABLE ALLOCATION OF STATE AND FEDERAL
TRANSPORT ATIO DOLLARS TO THE METROPOLITAN DENVER REGION .
'
,,
• •
Englewood City Council
Man:h 1, 2004
Pqel2
Mayor Garrett asked if there was any discu ssion . There was none .
Vote results:
Ayes :
Nays :
Motion carried .
Council Members Barrentine, Moore , Bradshaw, Garrett, Wolosyn ,
Yurchick, Tomasso
None
(iv) Council Member Yurchick said I may not be here the 8111 and the 15111• The continuing
saga of the vacation of Pecos goes on . When it was vacated five years ago, it came down to who would blink
first. Englewood would vacate their half first or Denver would vacate their half. Well Englewood vacated their
half ... Denver dropped the ball. So it is coming up for first reading on the 8111 and second reading on the 15• and
I want to make sure to be there and make sure that it docsn 't get dropped again .
(v) Council Member Tomasso said I would like to thank the Council for approving my
attendance al the Second Annual "Building Livable Communities in Colorado." I will try to have a report to you
next week . They didn't review the material they gave us and there is quite a bit. They just said we could read it
later .
13 . City Manqer's Report
(a) City Manager Sears said I would like to say thanks to Chris Olson and to the Fire Division in
particular . It was after the Council meeting that they had given me a call to head up there . Dr . Milligan and his
wife had been participants in the Rotary Program. which I am President of and participating in . It kind of made
my heart stop for a minute. when I came to the top of that hill up there . I know that they really did everything to
try to save his life . Mr. Sears said Council Member Yurchick said he appreciated the way they had handled
this ... very professional . The staff, in conjunction with Swedish, really did everything possible to save his life .
It was just really unfortunate. The responsiveness by that department, is reflective, I think, of the employees in
this organization. I, as the Manager, just wanted to say thanks .
(b) City Manager Sears said I want to note that Mike Aaherty hu been involved with the
Centennial project. .. this is the Swedish Centennial project ... and there is a meeting Thursday morning at 8
o'clock here . Next year is the Swedish Centennial and if there is a Council member that would like to participate
on that , it would be good .
Co unci l Member Wolosyn said I would like to because Cultural Arts is participating in it .
14. City Attorney's Report
Ci ty Attorney Bro tzman did not have any matt ers to bring before Counc il.
15 . Adjournment
~O~OURN. Tho_oi,.oljoomol•B,IOp.m.
V Cit y Clerk
t
/
• •
--••
•
AGENDA FOR THE
REGULAR MEmNG OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, MARCH 1, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
1. Calltoorder.'7:0/ ~
2. Invocation.~
0
· ~ • Moment of Silence for Ruth Steele and Dr. & Mrs. Milligan
3. Pledge of Allegiance. ~
4 . Roll Call. d/t. '7 ~
5. Minutes.
tl/Jft1 'J-(} Minutes from the Regular City Council meeting of February 17, 2004. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Tina Podolak, from the Western Arapahoe County Homeless Alliance, will be present
to give an update on House of Hope.
7. Unscheduled Visitors. (Pie e limit your
d.. GE f i Y U)£$. i -<Nl,~4(...-c'?l~~~a&.u.,V,,
/,.,.,HJ~£. /Jlt/U::.et -.
8 . Communications, Proclamations, an point ents.
~¥3 a. A resolution appointin~ Valerie Passerini to Keep Englewood Beautiful. ~
t!Ad'l--0 /). err~ I ?· Recommendation from the Englewood Municipal Court to adopt a resolution
~ appointing David A. Sprecace as an Associate Judge for the Englewood Municipal
~/ 'J-[) Court. STAFF SOURCE: Tamara Wolfe, Co11rt Administrator. ~
c. Th e Honorable Judge Vincent Atencio will swear in David A. Sprecace as an Associate
Judge for the City of Englewood's Municipal Court.
Pl ase no te : If you have a d1 sa bdity and need auXNry aids or services, please notify lhe City of Englewood (303-
762 -2405 ) at I a t 48 hour m advance of when services are needed. Thank you.
i•
'
... ..
• •
--
0
0
0
Englewood City Council Agenda
March 1, 2004
Page 2
9. Public Hearing. (No Public Hearing Scheduled)
Jr
MHJ ~:._Oons~ ~ fF~~~u;µ;, Al,t;,.IJA-liUS /~,; ... ., r,"' a. Approval of Ordinances on First Rlamng. r -, o J-i) .,... 1 Pt-') Jf Y. Ill
(JU./, /0
b .
i. Council Bill No. 1 -Recommendation from the Public Works Department to
adopt a bill for an ordinance accepting the dedication of an 8 foot wide
Transportation/Utility Easement along South Bannock Street adjacent to the
King Soopers Store. STAFF SOURCE: Ken Ross, Director of Public Works.
Approval of Ordinances on Second Reading.
i. Council Bill No. 7, authorizing an Intergovernmental Agreement with the
Cherry Hills Sanitation District for the GIS Pilot Study project on sewer
system mapping.
c. Resolutions and Motions.
i. Recommendation from the City Manager's Office to approve, by motion,
June 12, 2004 as the date for a city-wide public sidewalk sales event STAFF
SOURCE: Michael Flaherty, Assistant City Manager.
ii. Recommendation from the City Manager's Office to approve, by motion, the
installation of art for the Museum of Outdoor Arts' 2004 Design & Buil<f™
Program. STAFF SOURCE: Michael Flaherty, Assistant City Manager.
iii. Recommendation from the Department of Parks and Recreation to approve,
_!)y roarioo .the purchase of a loader. backhoe for the Parks Division. Staff
recommends awarding the contract to the low bidder, Universal Tractor
Company, in the amount of .$40,823.00. STAFF SOURCE: Jenell llad.
Director of Parks and Recreation and Dave lee, Manager of Open Space.
11 . -Regular Agenda.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 11 -Recommendation from the Department of Safety
5"ervices to adopt a bill for an ordinance amending sections of the Englewood
Municipal Code pertaining to Inoperable Vehicles, Off-Road Vehicles, and
Trailers. STAFF SOURCE: lieutenant John Collins. ~
Please note : If you have a disability and need auldbry ~ Of services, pleue nolify the City of Englewood
(303 -762-2 405) at least 48 hours in advance of when 5t'fVlces Me needed. lNnk
'
..
.•
f • •
Eng lewood City Co uncil Agenda
M arch 1, 2004
Pag e 3
ii. Council Bill No. 10 -Recommendation from the Department of Safety
Offd?-0 Services to adopt a bill for an ordinance amending sections of the Englewood
Municipal Code pertaining to Outdoor Storage in Residential, Business, and
Industrial Zoned Districts. STAFF SOURCE: Lieutenant John Collins. ~
iii. !=ouncil Bill No. 12 -Recommendation from the Department of Public Works (# -/ to adopt a bill for an ordinance amending sections of the Englewood ''Y. """ #£ll.i 1 \ Municipal Code pertaining to gopeds/~otor'.ze~ scooters. STAFF SOURCE:
It' • ~,~ J Ken Ross, Director of Public Works.~
iv. Council Bill No. 13 -Recommendation from the Department of Public Works
to adopt a bill for an ordinance amending the Englewood Municipal Code by
'1 -D , adding a newfsubsection to tfhe Modde/1 Traffic Cedode regarding helmet
requirements or operators o gope S/~?tor!z~ scoo~rs. STAFF SOURCE:
Ken Ross, Director of Public Works./~
b .
(N.#11
oppJ'l-0
Approval of Ordinances on Second Reading.
i. Council Bill No. 8, a bill for an emergency 'ordinance approving an
Amendment to the Agreement Regarding Design and Construction of
Drainage and Flood Control Improvements for Marcy Gulch at Englewood
Ditch.~
/,nd_ JL /,)._ · ii. Council Bill No. 9, a bill for an ordinance repealing Title 4, Chapter 6 of the
~ 1_ J Englewood Municipal Code pertaining to Admissions Tax. ~
-rr"" IP-cAJA-t:~A-11.J'j
c. Resolutions and Motions.
i. Recommendation from the Littleton/Englewood Wastewater Plant
Supervisory Committee to approve, by motion, the lease of four new over-
the-road tractors. Staff recommends awarding the contract to the lowest /~ 'J--O technically acceptable bidder, AIM Nationalease, in the amount of
err/"' $416,400. STAFF SOURCE: Slennrelt 11: FH .. ~ l::llililiea 9iseclu, and fim
:i:iill111t 81matieR1 9,nision Man~E-1/AMJM,U WfJ/11'
ii. Recommendation from the Public Works Department to approve, by motion,
d / -j--/ the Big Dry Creek Trail Improvements (Phase I) Project. STAFF SOURCE:
</ Ken R~~s, Director of Public Works. / Jr,./A,tu,.. ____
( ,tlfi(A/J} ! 8/.J{J 9HJ'0 V V • -7 r-
Please note : If you have a disabiliry and need audiary aids or services, please notify the Ciry of Englewood
(3 03 -762-2405) al least 48 hours in advance of when services are needed. l'Nnk ou.
-,J
'
• •
-
Englewood City Council Agenda
March 1, 2004
Page 4
12. General Discussion.
a . Mayor's Choice. APP'D7-0
b. Council Members' Choice.
Yurchick moved to approve contributing $250.00
to Anne Purkey to attend the Student Leadership
Conference in Washington D .C.
&/i k i. A resolution in support of an equitable allocation of state and federal vjipi 'l-fJ M ~nsportation 'dollars to the metropolitan Denver region.
Wolosyn moved to approve Resolution No. 45 as amended to read "80% of the estimated value
of revenues", in place of 90%.
•'
13. City Manager's Report.
14. City Attorney's Report.
Adjournment. ? lo r---
The following minutes were transmitted to City Council between February 13 and 26, 2004:
• Englewood Non-Emergency Retirement Board meeting of November 12, 2003
• Alliance for Commerce in Englewood meeting of January 8, 2004
• Englewood Transportation Advisory Committee meeting of January 8, 2004
• Keep Englewood Beautiful meeting of Januafy 13, 2004
• Englewood Urban Renewal Authority meeting of January 14, 2004 ,
• Englewood Planning and Zoning Commission meeting of February 3, 2004
• Englewood Liquor Licensing Authority meeting of February 4, 2004
Please note: If you have a disability and need auxiliary aids Of services, please notify the City of Enalewood
(3 03-762-2405) at least 48 hours in advance of when sefVices are needed . Thank ou.
t
.. ..
• • ..
-
l. CaUtoOnler
·•
•
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
February 17, 2004
0
F~-,
~0
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :30 p.m.
2 . Invocation
The invocation was given by Council Member Barrentine.
3. Pledge of Alleglanc:e
The Pledge of Allegiance was led by Mayor Garrett.
4 . Roll Call
Present:
Absent:
A quorum was present.
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Yurchick
None
Also present: City Manager Sears
5 . Minutes
City Attorney Brotzman
Assistant City Manager Aaherty
City Clerk Ellis
Director Olson, Safety Services
Director Fonda, Utilities
Senior Planner Graham, Community Development
· Director Oryglewicz:, Finance and Administrative Services
Director Simpson, Community Development
(a) [Clerk's note : Sec page 3.J
6 . Scheduled Visitors
(a) City Council recognized the young people who were nominated for the Metropolitan
Mayors and Commissioners Youth Award :
Mayor Garren said this is always an exciting night. We have the opportunity to recognize nineteen
nominees for the 2004 Metropolitan Mayors and Commissioners Youth Awards. We thank everyone for
coming tonight. I do want to make nolC that wc invited the School Board to come. but unfortunately they
have a meeting connict. Each nominee will receive a cenificaie. u well u a backpack gift bag u a token
of admiration fro m the City COWICil. At this time I would like to invite the memben of the City Council to
come down to form a receiving line , to shake their hands u they come forward . Also, after the awards, wc
are going to have a brief reception in the Community Room.
Mayor Garren said at this time I would like 10 introduce Council Member Bev "A adshaw who, besides
being on the Board for the Metropolitan Mayors and Commi_ssioncrs Youth Awards, wu ,OSlrWDenlal in
. ,
'
" ..
• •
0
Englewood City Council
February 17, 2004
Pagel
the City of Englewood setting up this kind of tradition that we have here. So, at this point I would like to
tum it over to Ms. Bradshaw.
Council Member Bradshaw said thank you . Before I start, I think we need to recognize the lady on our
staff who puts this whole program together and that is Leigh Ann Hoffhines. I would like to give her a big
round of applause, she said. There was applause.
Ms. Bradshaw said we are honoring these nominees, not because of the hardships they have faced. but
because they have persevered and have taken control of their lives. How many of us at the age of some of
these folks, can say we took control of our lives? Each one of them has made a difference in their own life,
as well as the lives of those around them . Special thanks to the nominators for recognizing the
accomplishments of these young people and for helping us honor them. Will the nominators please stand at
this time? They were given a round of applause.
The nominees are:
(i) Michael Anaya Jr., a Senior at Colorado's Fmest Alternative High School.
Michael's nominator describes him as bright, motivated, and always there to lend a helping band.
Michael's resilience is remarkable.
(ii) Elizabeth Bridge, an g11t Grader at Sinclair Middle School. Elizabeth's teachers
describe her as a "ray of sunshine" who always sees the bright side of every situation.
(iii) Joseph Gallegos, a Junior at Colorado's Finest Altanative High School.
According to his nominator, Joseph exemplifies bard work, commitment, dedication, and lellllcity .
(iv) Brianna Hand, a Junior at Colorado's Finest Altemative High School. Brianna's
nominator describes her as positive and optimistic -her tenacity and commitment deserve recognition.
(v) Caroline Jepsen, a Senior at Hurnanex Academy. According to her nomillllOr,
Caroline has made significant gains in her life -she bas become a leader at the school and bas Sb'Oll8 goals
for her future .
(vi) Raebel Lawson, a Senior at Hurnanex Academy. Rachel's nominalor says she
pushes herself to do well and has strong ambitions as she gets ready to graduate in May.
(vii) Michelle Lee , an 8111 Grader at Flood Middle School . Her nominator dac:ribes
Michelle as a role model, leader, and an inspiration.
(viii) Crista Lell , a Senior at Colorado's Finest Alternative High School. Her
no mina to r sa ys C ri sta maintains a pos itive outlook on life, and has strong goals and aspirations for the
future .
(ix) Giovanni Lopez , a Senior at Colorado's Finest Alternative Hip School.
Gio vanni 's nom inato r describes him as a hard worker and good role model who is sensitive , dedicated, and
committed .
(x) Derek Manful, a Senior at Hurnanex Academy . Derelt's nominalOr says Derek
is goal-oriented and uses his own experiences to help other students mate betm cboic:el.
(xi) Tim Moen, a Senior at Humanex Academy . Tim's oominalor says be bas a
great attitude a bout life, and is looking toward a bright future .
(xii) Corie Moyer, a Senior at EnaJewood Hip School. Her nominator says Corie
pro mo tes a posi ti ve attitude whe ne ver and wherever she can, shariJla her experien1:es to help ocben.
'
... ...
,•
•
~ .
. ··'
• •
Englewood City Council
February 17, 2004
Page3
(xiii) Justin Neumann, a Junior at Humanex Academy. Justin's nominator says he has
become an energetic, goal-oriented student with a great attitude about life.
(xiv) Angel Palumbo, a Junior at Colorado's Finest Alternative High School. Angel
is a roJ.e model who is always ready to help those who need her.
(xv) Rhiana Tartaglio, a Senior at Colorado's Finest Alternative High School.
Rhiana is described as a caring role-model. Her fellow students appreciate her experience, acceptance, and
non-judgmental attitude.
(xvi) Kristin Terrill, a Senior at Colorado's Finest Alternative High School. Her
nominator notes that Kristin's resilience and experience help her offer advice and support to her peers in
their own struggles.
(xvii) Shannon Umberger, a Senior at Colorado's Finest Alternative High School.
Shannon is described as the epitome of courage, resilience and determination.
(xviii) Ashley Vaughn, a Senior at Colorado's Finest Alternative High School. Ashley
is described as a caregiver among her peers. She uses her experiences to help others, and bas positive goals
for the future .
(xix) Sarah Young, a Junior at Colorado's Finest Alternative High School . Sarah's
experiences have helped her face life with determination and vigor.
Council Member Bradshaw said congratulations and we are proud to have young people like you as
members of our community. We wish to thank the families, friends, teachers and counselors who are here
tonight to help us honor our nominees and who support these very special young people on a daily basis.
Let's give them all a big round of applause.
The nominees were given a round of applause .
Council Member Bradshaw said please join us next door in tbe Community Room for a brief reception.
Thank you.
(b) Brief Reception.
Council recessed for a brief reception at 7 :40 p .m.
Council reconvened at 8:07 p .m. with all Council Members present.
•••••
5 . (a) Mayor G=ett said I apologize, as I failed to address Agenda Item 5 (a) at the beginning
of the meeting ... approval of the minutes of the Regular City Council Meeting of February 2, 2004.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 2, 2I04.
Mayor Garrett asked if there Jere any comments or corrections. There were none .
Vote results:
Ayes:
Nays:
Abstain:
Motion carried.
Council Members Barrentine, Bradshaw, Oarrett. Wololyn. Tomasso
None
Council Members Moore. Yun:hick
t
... ..
• •
Englewood City Council
February 17, 2004
Page4
·•
•
(c) Jim Ruybal said I represent the St. Vincent de Paul store at 2975 South Broadway. I am a
volunteer chairman of their volunteer board. I want to thank the Mayor and Council for letting me speak
tonight. The St. Vincent de Paul Thrift Stores are a 501(c)3, registered with the State of Colorado. We
were formed for the express purpose of providing low cost clothing, furniture and other household goods to
the needy . The reason I am here to address the Council is because we have had to close two of our
stores ... one on Hampden and the one on South Broadway. We have lost thousands of dollars every month
•hat this store has been open, and now we are completely out of cash. We are in the process of trying to get
a release from our remaining lease payments. We have until April of 2006 remaining on our lease. The
landlord has been very responsive in working with us and has agreed to release us. Unfortunately, when he
leased the property to the St. Vincent de Paul stores, he relinquished his right to automotive use. That
makes it very difficult for him to recoup his losses. We've already had a number of vandalism cases, since
we put up the liquidation signs. We believe it is in the best interest of the City to let this property revert
back to it's original or previous use, which was automotive, and allow the landlord to lcai;e the property
quickly and release us from our remaining lease obligation. Without this rel ease, we will be forced to go
into bankruptcy. Again, he said, the purpose was to provide low cost household goods and clothing for the
needy. If we go into bankruptcy, that will eliminate that opportunity for us. We have one remaining store
on East Colfax. So, I would ask the City Council to please, not extend the moratorium on car dealerships
and allow this property owner and other property owners to lease their property ... particularly in this
case ... to car dealers. So we could have our release and he could recoup the loss that he is going to face .
would be glad to answer any question that you might have.
Mayor Garrett said thank you very much. We usually listen during this phase of the Council meeting and
then we may discuss the issue under Council Member's Choice. Mr . Ruybal said thank you very much.
7. Unscbeduled Vlsiton
(a) Paula Sparacino said Mayor Garrett and members of the City Council, thank you for
allowing me to speak to you regarding the extension of the auto use moratorium, which is Council Bill No.
2 . She said I am the owner of Richards Motors. I am also a member of the Auto Use Committee
established by your Council. I wanted to speak to the Council tonight and let you know I oppose the
extension of this auto use moratorium. While I appreciate the intent of the City to work with the auto use
community, this moratorium is a detriment to the South Broadway Corridor as a whole. It is currently
affecting other business owners in a negative way ... St Vincent de Paul for example. There is, however, a
positive example of progress on South Broadway. It is the Eckerd Drug development proposal that is
currently in finalization. This will remove three dealers and an AAMCO Transmission from South
Broadway. This is the way South Broadway should be developed. Let free enterprise and the market drive
the revitalization. This won't happen by forcing a moratorium on existing businesses. Who's to say that in
six months the City Council would decide that lawyers, doctors, ICCOUlltants, etc. are next on the
mora(orium train? We, as a committee, have offered several suggestions and have asked for information to
make informed dec isions regarding these suggestions. I want to go on record and state that the previous six
months of moratorium have not been that productive. While I appreciate the City's consideration of the
permanent use-by-right that we proposed, I realize that this, ultimately, is a poor decision as it sets limits on
o ther businesses utilizing their properties for a free enterprise and a diversity that could populate the South
Broadway Corridor. In addition, the Auto Use Committee suggested some sort of business equalization tax
o r fee assessed on the auto community, to make up the alleaed sales tax revenue deficit. which was the
basis for the first moratorium ... other than the fact that Mayor Bradshaw, at the time, thouaht there were too
many car dealers on South Broadway. I want the Council to know that I will continue to wort with the
Planning and Development Department It appears that we finally have a proposed plan of action u
outlined in the letter that we received on February 11•. That was sent to the whole dealer community. The
Auto Use Co mmittee is a volunteer group. We take time out of our workday to -with City staff. Time
that could be s pent managing our own businesses. but we feel it is in our best interest and the imcrest of the
dealer communuy to be well informed of the zonina chanp and daip standards that the South Broadway
Plan contains . I feel privileged to participate. by serving on this Committee. However, I don't feel that a
moratonum i needed 10 accomplish this re view . It 1s as if the City feels they need to impmc a time limit
o n us ... the Auto Use Committce ... 10 force us to review and comment on the Plan . Think about how
conunuang the moratorium pl aces undue strai n on the already trained economy here in the Enalewood
•
'
• •
--
0
Englewood City ·Council
February 17 , 2oo.i
Pages
·•
• •
area . Do we really need a moratorium, just so we can review your proposed beautification plan? I think
not. Thank you.
(b) Jim Bahne said good evening Mayor and City Council members. I too am a dealer on
South Broadway at Valley Motors, 4550 South Broadway. We have talked to some of our dealers tonight
about representation at this meeting. A lot of dealers are very much opposed to this and were willing to
show up tonight for the meeting, but since our small group here has been meeting with the City staff, we
thought we would try to keep it as non-confrontational as possible, and try to stick to the facts without
repetition, just to speed the process along for all of us. So, we are here representing a number of new car
dealers and a lot of used car dealers and other auto use users. A lot of the things that Paula has already
mentioned, I will try and skip over, but it is true that we are totally opposed to the extension of the
moratorium. We just don't think it is necessary. It is really starting to stifle business and I think Mr.
Ruybal is a perfect example of the tremendous financial burden that this is putting on us. You know,
through this whole process we have corresponded with you, you have corresponded with us, we've met, we
haven't always gotten the information that we wanted in a timely manner ... wc have gone over that. I think
you understand where we stand and we kind of understand where you stand. I just want to point out that a
recommendation has been made, from both sides here, that were pretty good recommendations. The City,
at one point when we met with them in a Study Session, suggested that perhaps a permanent use-by-right
could be extended to automobile dealers. We thought that would be acceptable to our dealers. That would
be pretty good if we could have our auto properties that are operating as that right now, be leased for some
other use and if, for example, we have a situation such as Mr. Ruybal just discussed, where all of a sudden
we need to abandon that use and go back to the auto use, that we would always have the right to do that.
We appreciate the thought that went into that . We thought that was a good idea at the time and we would
probably be willing to accept that. But, in principle, we really can't do that because, you know, what we
would be taking for ourselves, would be taking from other dealers. It just wouldn't be right and fair to give
us an advantage over other dealers. So, wc are opposed to that. We would take that deal if we could get it,
but we are opposed to it just because we don't think it is fair for the whole City. So that was a suggestion
you made to us, and we appreciate that. We made the suggestion to City staff and Council that if indeed
there is a short fall of revenues, we would be willing to discuss what that was. If dealers aren't collecting
their fair share of sales taxes related to other businesses, wc would do something to try to make up that
short fall . We certainly would continue to do that. That would be open for discussion. But I don't think
this whole idea of the moratorium ever really had a plan behind it. What were we going to do once we had
a moratorium? We were going to establish appearance standards, wc were going to establish revenue
standards and we were told that wc were unattractive and that wc really weren't wanted here. So, at this
point, we want to work with you and try to overcome some of those things , but the standards that Mr.
Graham has mentioned 10 us, that could be standards that wc would apply to auto uses in the future, they
are having a very difficult time coming up with these standards and I think I know the reason. A lot of
municipalities across the country are trying to limit auto use in their areas where they can't share in the
revenue, and they are doing that by putting limits on the minimum size of the properties . .Poe and a half or
two acres we have read about. .. across the country. Well, with the one and a half or two acre site minimum,
the City can then work with landscaping, setback, architecture, ingress, egress ... and that works in other
communities . I mean that works with any size property. You can do those things. But, in Englewood, we
are landlocked ... we are a City that has no room to grow. Our properties are only 125 feet deep and'a lot of
our dealers don't want to expand. We want to stay small and boutique-isb and there really isn't anyway for
us to establish, in my mind, any kind of viable criterion for car dealers in the future to operate under, if you
are trying to use big property models. So, in essence, we just look at this moratorium as a noose around our
neck and I think it is becoming a noose around the neck of other businesses. I think it is really going to
stifle the City Council, it is going to put a real wrench in a lot of people's plans for some development here
and it is going to create some real hard feelings between us and the City that wcjust don't think we want to
have there . We want to work with you. We love working in Enalewood. We want to work with Council
and we arc willing 10 do it, but with this stick banging over our head, we just don't think it should be there.
I really urge you to vote against this renewal of the mon11orium. Thank you very much.
(c) Marvin Hall said I own property al 2800 South Elati , which is not in your 82 Busu1ess
Zo~e area on Broadway that you arc discussing. but I am a cu-dcaJer and I would hkc to speak oo behalf of
the Bro adway car dealers to support their riaht to Cltl51 the way they want to eJUst. not the way you WUII
'
l • • •
Englewood City Council
February 17, 2004
Page6
·•
• •
them to exist, because this is supposed to be a country of free enterprise and property rights . I remember a
moratorium put on the area down where my property is, but we could never figure out exactly what that
was for . It was when the City was attempting to condemn the old General Iron Works property. when it
was owned by the Rosen's, and convert that to some higher and better use in the City's eyes. I don't think
the moratorium was necessary back then and I don't sec why it is necessary now. You have had six months
to discuss this and have produced, apparently, nothing of real value. I can't forget .. .I believe it was in
October at one of the Council meetings ... the statement made by Beverly Bradshaw and apparently
supported by John Moore, which was that she just hated all these car dealerships and used car lots on South
Broadway and that something had to be done about it. And along with that, went the proposal for the
S I0,000.00 a year occupational privilege tax on all car dealers in Englewood, which, fortunately, the rest of
City Council defeated. But, it is the attitude that really bothers a lot of the business people in Englewood,
particularly car dealers . Thank you.
(d) Gary Leisy said I represent 1300 West Quincy, which would not be affected by the
moratorium, and also 4955 South Broadway, which is a family owned property that is affected by this.
Thank you Mayor Garrett and Council members for allowing me to speak tonight. I would like to read you
a letter that my father wrote regarding an Englewood issue. "Gentlemen, my name is Richard Leisy. I am
the owner and president of Englewood Motors, Inc . at 4955 South Broadway. I am the owner of the
property from 4915 through 4955 South Broadway with approximately 250 feet of frontage. I am also the
owner of property at 1300 West Quincy, representing approximately 200 feet of frontage . I must voice my
strong opposition to this bill . I vpencd Englewood Motors on March I, 1960 and have been an Englewood
businessman working long, hard hours ever since. An independent businessman docs not have a retirement
program, unless he creates one for himself. Land payments that I have made for many years represent my
retirement program. I firmly believe that established Englewood business persons and land owners should
not be forced into a bill that will do nothing but raise overhead costs and shrink our profits. It is my
understanding that we have laws in Englewood requiring proper maintenance of both commercial and
residential properties. I suggest that you encourage strict enforcement of these laws, rather than placing an
extra burden on the businesses of the Englewood area. Unfortunately, today many of our govcmmcnt
leaders fail to use old fashioned business sense. I respectfully request that the Englewood City Council use
some business sense in this matter. Allow us to tend to business and make a profit. Our success has and
will continue to generate revenue for numerous Englewood projects. Hundreds of businesses arc
represented along the South Broadway Corridor. The City of Englewood cannot afford to endanger the
livelihood of these businesses. I urge the City Council to reject this bill." Mr. Leisy said now I've got to
fess up . My father hit the feelings of all these people right on the head, and it is amazing, because he
passed away in 1996. This letter was written on September 9, 1985 and it had to do with Councilman
Higday's bill number 50 for beautification, aimed strictly at South Broadway car dealers. lsn't it funny
how so me things never change. Herc we are nineteen years later and wc are arguing about the same thing,
because the Council continues to single out a business. For those of you who were not involved, wc ended
up in court over that and , for the lack of a better way to put it, our side won . We don't think it is fair. We
do n't think it is legal and we don 't th ink it gives the City of Englewood a very good image out there for
bus iness peo ple . We would like to see you become more pro business. Mr . Bahnc, Mr. Cook, Ms.
Sparacino ... we have all s pent our time trying to work with you. We would appreciate it if you would work
with us and we feel, as I said six months ago. we do not need a moratorium hanging over our head to work
with yo u. We wo uld be happy to work with you. This thing is not necessary and I urge you to vote it out.
Thank yo u.
(e) Susan Gabriel , 4040 South Delaware Street, said I am not here for a referendum. a
mo ra to rium or anything official, I am here for a local neighborhood issue and that is, I and many of my
neighbors right on my street, on Delaware Street, arc very concerned with the issue of speeding. We arc, I
g uess, a feeder corridor. We have no stop signs at all between Kalamath and Oxford Street. It is common
fo r peo ple to s peed up and down with seemingly no regulations and no enforcement of speed limits. I have
ne ver seen any patrols there. In fact, what I have seen of the law enforcement. is them speeding up and
do wn that stree t too, bec ause it is ri ght close to the police station down there, by the ball field . And they
see m to use that as a quic k avenue to get o ut to Oxford. It is quite danacrous . As I was saying before, in
my whole life ... I'm 36 years o ld .. .I have never had a problem with close calls . but I have lived here for
a lm o st fo ur years and severa l times I have a lmost been hit coming off o f side streets . I am really concerned
,•
• ' • I
'
• •
-·
0
Englewood City Council
February 17, 2004
Poge7
·•
• •
•
r-~r
"'.l. _ __).
about the kids in the neighborhood, because I watch my speed and I know when I come home from work
that kids are out there in the summer time. Several times when I have come home, balls have gone out into
the street, kids are running out, bicycles are coming out of driveways and I can't imagine what's going to
happen when some kid gets splattered up there, because there is no enforcement of the speeding there. I
saw one of those little mobile things in place several months ago, for, I believe, two days and that is the
closest I have seen of any kind of enforcement effort. In fact, when we have had neighbors go and talk to
the police at the station just down the street, a definite impression that we got was that they did not want to
do anything about it. My personal feeling is because they like the freedom of being able to speed up and
down that street. l resent that, because it sets a really bad example for people that live in the neighborhood
and people that don't live in the neighborhood that use that as a quick way to come and go . I strongly feel
that something needs to be done about that and since I have been living here. I have seen pretty much
nothing done at all to enforce the speed limit. It is 30 miles per hour. I drive 30 miles an hour all over,
because now, having to deal with this issue as a resident in a little neighborhood, I understand that there is a
safety issue and there is a noise issue . I have a problem with that. Hot rodder's, zooming up and down the
street, wake me up almost every night. It is unbelievably loud. I would really like to do something about
it . So, I am here as a first step to get this on your list of things to look at, to study, whatever. I am here for
some guidance. I want to learn how to be a squeaky wheel, so that I can do my part in pushing to get
something done. I am willing to go out there and do my part too and I need your help . Thank you.
(f) Ryan Davis, 4050 South Delaware, said I am Sue's neighbor . She has done a fairly
decent job, I think, of telling you what the issue is. I have talked to the majority of the neighbors on my
street and we are all in one accord on the issue . There is a problem. I have neighbors who won't park in
their driveway because they arc afraid that if they back out of their driveway, they might get hit because
people are simply careless as they arc driving up and down Delaware . I moved into this neighborhood
under the assumption that it was a fairly quiet neighborhood. The emphasis is on neighborhood . You
know, it is not Broadway, it is not Santa Fe Drive, it is not any of those. It is a residential neighborhood .
We arc not getting residential neighborhood type traffic . I have seen IS-wheelers on our street. I have seen
cement trucks on our street and I have even followed a couple of these inilustrial vehicles down our street
to find out where they are going. They are going through our neighborhood . That's it! I have seen police
cars coming through our neighborhood at excessive speeds, without any lights, without any sirens. I
watched my best friend almost get hit by one. That is kind of disturbing. The main problem is because
there arc no stop signs ... there is no type of limitation there, period . The police aren't limiting it. When
I've talked with police officers, they have simply said that they arc understaffed, underpaid and they can't
be everywhere at once. I kind of have to agree ... thcy can't. But then, when I brought it to their attention,
they have somewhat limited their speed and the use of our street as a thoroughfare . I have noted that. I
have gone through all the channels trying to talk to people and now I am talking to you . This is a serious
business. One of the things that bothers me the most is an emotional issue on my part. I don't want
anybody's kid hit. That is the bottom line. It is going to happen, because there are no controls. In most
parts of Denver, they have stop signs in a checkerboard pattern. We don't have anything in our
neighborhood . People go through there ... teenagcrs, old people, young people, you name it ... they go
through there and they don't even think about whether they arc in a residential neighborhood with kids or
no t .. I stand out there and when I see them coming down the s~I at 45 or 50 miles per hour, I try to get
their attentio n, get them to slow down. But you know what? They are back out there the very next day
doi ng the exact same thing . That is because they arc using it as a thoroughfare. They arc using ii as a
Broadway. They arc using it as a Santa Fe. You Ir.now they arc going at the same speeds on our street as
they are doing on Santa Fe Drive. It is not the same thing. We need something done. I have talked to the
police officers in charge of this. I have talked to Ladd in the traffic engineering department. I have talked
about the troubles and I have gotten nowhere. The speeds l\."e still up . The dangers arc still there . I have
my nieces corning and visiting on a regular basis. I don't want them hit. Anything can happen ... we need
so me contro ls. What I wo uld like to see is the checkerboard stop sign panem implemented in our
neighborhood . That is what I would like to sec. I don't see any reason why it can't be, because then that
would limit the amount of tr:1ffic that is going around the perceived obstacles on Broadway and it would, in
theory, slow people down a little bit. because they do have to 11 least slow down for the stop signs. Now, I
do n't think they are going 10 top altogether, becall5e quite honatly, the police aren't out there to enforce
it . nother thin g I was d1 turbed about ~ when I talked to the police officers. I understand that some of
them ha,en 't had a •. 1sc m three years . I understand we are limited o n funds, but come on. where is the
t
•· •
Englewood City Council
February 17 , 2004
Page8
••
•
0
0
incentive? It needs to happen. They need to have incentives too . My incentive every day is to make more
money . That should be theirs also. So, there arc several issues on the table that I want you to consider
here. Thank you.
8. Communications, Proclamations and Appointments
There were no communications, proclamations or appointments .
9. PubUc Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (II) and (IH) AND 10 (c) (I) and (II).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 7, INTRODUCED BY COUNCIL MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE GIS PILOT STUDY PROJECT ON SEWER SYSTEM MAPPING BETWEEN
CHERRY HILLS SANITATION DISTRICT AND THE CITY OF ENGLJ::WOOD.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 7, SERIES OF 2004 (COUNCIL BILL NO. 3,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT NUMBER ONE TO THE
FEPERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE
COUNTY AND THE CITY OF ENGLEWOOD, COLORADO.
(ii) ORDINANCE NO . 8, SERIES OF 2004 (COUNCIL BILL NO. 4,
INTRODUCED BY COUNCll. MEMBER BRADSHAW)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECtmON OF TWO AMENDMENTS
TO THE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (COBO) FOR THE YEAR 2003
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD. COLORADO.
(iii) ORDINANCE NO . 9, SERIES OF 2004 (COUNCll. BILL NO. 5,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE
WATERING OF LANDSCAPING ALONG THE SANT A FE CORRIDOR BETWEEN THE CITY OF
SHERIDAN. COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Motions
(i) CONTRACT FOR ACCESS AND SECURITY SYSTEM IMPROVEMENTS
AT THE LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT WI11f SIMPLEX-
GRINNELL IN THE AMOUNT OF $240,330.00.
t
• •
Englewood City Council
February 17, 2004
Page9
••
• • 0
0
(ii) CONTRACT WITH MOUNTAIN STATES PIPE & SUPPLY FOR THE
PURCHASE OF WATER METERS AND RELATED EQUIPMENT IN THE AMOUNT OF $92,323.18.
Vote results:
Ayes :
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
None
11. Regular Agenda
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation to adopt an emergency bill for an
ordinance approving an Amendment to the Agreement Regarding Design and Construction of Drainage and
Flood Control Improvements for Marcy Gulch at Englewood Ditch. This is a recommendation from the
Water and Sewer Board to enter into a contract with Highlands Ranch and the Urban Drainage and Flood
Control for the repair of the drainage facilities and the piping at Marcy Gulch. The piping is for the City
Ditch, he said, which carries our City Ditch water through Marcy Gulch to either be pumped into Mclellan
Reservoir or come down to the Treatment Plant. We had been on the list for two yean to get Marcy Gulch
repaired, in accordance with the Master Design Plan for drainage that was done in 1985. It usually takes
about five years to bring this to the forefront and get funding, but when the summer rains bit, it nearly
washed out the structure. It washed out part of it and that presents an emergency situation, so in this case
Urban Drainage has moved it forward and Highlands Ranch came together with us and we have come up
with a formula where Urban Drainage will pay half and Highlands Ranch and Englewood will pay a fourth
of the construction costs. In addition, Highlands Ranch will be enlarging the pipe and payina for the
enlargement portion and, also, we will be paying for a valve. The total cost to the Water Utility would be
$72,050.00, of which we have already contributed $12,550.00 in the initial design. I think this has come
together very quickly, given that it is such an emergency and on that basis I would recommend that we pass
it.
Mayor Garrett said I want to point out that this as an emergency bill for an ordinance, which means it
becomes effective on second reading, because they arc tryina to get it done before summer .
Mayor Garrett asked if there were any questions for Mr. Fonda. There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 8.
COUNClL Bll.L NO. 8, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN EMERGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN URBAN DRAINAGE AND FLOOD
CONTROL DISTRICT, THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER
AND SANIT ATlON DISTRICT FOR DESlGN AND CONSTRUCTION OF DRAINAGE AND FLOOD
CONTROL CMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH.
Mayor Garrett asked if there was any discussion. There was none .
Vote nsults:
Ayes : Council Members Bam:ntine, Moore. Bradshaw, Garrett. Wolosyn.
Yurchick, Tomasso
Nays : None
Moti o n earned.
(bl pproval of Ordinances o n Second Readin1
.. ..
•
......
Englewood City Council
February 17, 2004
Page 10
0
0
(i) Senior Planner Graham presented an emergency bill for an ordinance extending
the temporary moratorium on the establishment of auto-related uses in the B-2 Business Zone District for a
period of six months. He said staff brought the original and the existing moramrium proposal to Council at
Council's request in September 2003. That moratorium expires March 3"' if nothing is done on the bill
tonight. Council approved that moratorium by unanimous vote and directed staff to work on solutions with
the Auto Use Committee that was formed and several members spoke this evening. The moratorium is
typically invoked when you perceive that changes would occur during the period you arc trying to arrive at
a solution . In this case, if you felt there was expansion of auto dealers or a number of new auto dealers
attempting to locate in town and you were proposing solutions to what they look like, how much frontage
they have, for example, it would be an appropriate use of the moratorium to apply it before a number of
· new businesses opened up and preclude the opportunity to address that. The proposed extension would
provide six more months for staff to work with the Auto Use Committee. The new moratorium would last
until August 15, 2004. It is the staff's recommendation that you approve the extension of the moratorium
using an emergency ordinance, so that there is no lapse in the moratorium and it would continue without
interruption to August 15111•
Mayor Garrett asked if there were any questions for Mr . Graham. There were none.
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE AGENDA ITEM 11 (b) (I) -
COUNCIL BILL NO. 2 ON SECOND READING.
COUNCIL BILL NO . 2
A BILL FOR AN EMERGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON
THE ESTABLISHMENT OR EXPANSION OF AUTO USES IN THE B-2 BUSINESS ZONE
DISTRICT. FOR A PERIOD OF SIX MONTHS.
THE MOTION DIED FOR LACK OF A SECOND.
(c) Resolutions and Motions
(i) Director Gryglewicz presented a recommendation from the Department of
Finance and Administrative Services to adopt a resolution approving a supplemental appropriation of
$75,000.00 for the Safety Services Department. He said this is a resolution malting a supplemental
appropriation from the General Fund's unreserved, undesignatcd fund balance ofS75,000.00 to fund
unbudgetcd positions in the Safety Services Department until May 15 , 2004. This issue was discuucd at
Study Session on Fe,bruary 9111 •
Mayor Garrett asked if there were any questions for Mr. Gryglewicz. There were none.
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (1)-RESOLUTION NO. 42, SERIES OF 2004.
RESOLUTION NO . 42, SERIES OF 2004
A RESOLUTION FOR SUPPLEMENT AL APPROPRIATION FOR THE 2004 BUDGET OF THE CITY
OF ENGLEWOOD, COLORADO .
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes:
Nays :
Moti on carried .
Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn,
Yurchick. Tomasso
None
'
,•
• •
Englewood City Council
February 17, 2004
Page 11
12 . General Discussion
(a) Mayor's Choice
·•
• •
Mayor Garrett did not have any matters to bring before Council.
(b) Council Members' Choice
(i) Council Member Barrentine:
0
I . She said I almost get to thank the Police Department every single time and, again, I wanted to say
thank you very much . Some people were concerned at an apartment complex over on Belleview and I got a
call from them. They had sent a letter to the police and the police had responded, taken it seriously and
followed up . I wanted to say how much I appreciated that
2 . She said 1 also wanted to say how fortunate I am that I visit Englewood businesses, because when
I had surgery this last week, they did a beautiful job. Dr. Peter Spence, Dr. Stone and Dr. Steven Kottke
reminded me that when you take the time to listen to the people that you serve, you always end up with
better results and 1 am glad that they were listening to me. So I wanted to say thanks to them.
(ii) Council Member Bradshaw:
1. She said 1 would like to compliment Olga and the Cultural Arts Group for the outstanding article
on Art and Culture. And, I wanted to thank Tom Munds for the excellent coverage in the Herald. That was
the grant that we got, is that correct?
Council Member Wolosyn said ARK is a separate program that wc have started with a partnership of MOA
and David Taylor, which I think it is finally getting off the ground. Ms. Bradshaw said that is what we
hoped would happen.
2 . She said kudos to Mayor Garrett for his appointment to Urban Drainage and Flood Control, so our
voice will continue to be heard.
3. She said compliments to the Water Department for their help with Mrs . Goddard, who lives in the
2900 block of South Marian. Thanks for trouble shooting her big water bill . She really appreciated that.
Please pass that along.
4 . She said thank you Lou Ellis for your report on the Election 2003. I really appreciate that.
5 . She said we sti ll have too many car dealershi ps on Broadway, but maybe there is a different way
to handle it. I think o ne car lot per 560 residents is way too many.
(iii) Council Member Yurchick said at the Study Session we were talking about
landscaping issues. particularly in industrial build out. I talked to Lauri earlier and she said ii would be
com;ng forward o n the UDC ... the landscaping ~uirements. I was questioning the necessity of them and
she said they would be coming forward to Council on the UDC somewhere down the road .
Bob Simpso n said we recently discussed priorities with Council. Those were not listed as high priority.
They ma y be several years down the road. I'd also suggest to you. that from an impact kind of
standpoint ... givi ng value back to the community ... landscaping standards in industrial districts may DO( be
as necessary to address. It is just my opinion. We received directions from Council. We arc aoing to be
addressin g certain things. like home occ upations and wc have signage issues . 1 appreciate where she was
a1 . bu1 it as probably going to be a lower priority for awhi le .
'
' . • • •
--
Englewood City Council
February 17, 2004
Page 12
Council Member Yurchick said that is fine. My request is that when it comes back, if I am still here, I
would like to be aware of it, because I have some issues. Mr. Simpson replied I will make you aware , I
will promise that.
(iv) Council Member Wolosyn :
I . She said the Eckerd development was mentioned during the public comments. Is that in
Englewood? The comment was made that some businesses were being aggregated on Broadway to allow
for an Eckerd development. .. that it was pending.
Bob Simpson said no, there arc no properties that are being looked at to be aggregated for an Eckcrd's
store. Eckerd has shown interest in Englewood for some time. The problem has been trying to aggregate
enough propeny to accommodate a store . They are needing, I believe, approximately, an acre of ground
and it is tough. There have been several locations they have been working on, but to date they haven't been
identified. I know there is an Eckerds being constructed at Evans and Downing. That is the closest that I
am aware of at this time.
2. She said I would like to thank staff and the Auto Use Committee for the work they did during the
moratorium. I hope that the spirit that I heard articulated ... to work with us ... will prevail . To me, quite
frankly, it would be really nice if I could see that manifest in the location that St. Vincent de Paul has had
to vacate, because I actually think that is a nice building and I don't see that it obviously has to be an auto
use. I would love it if we could work together and make it something better, that adds to the mix of
businesses along Broadway.
3 . She said I would like to address the issues on Delaware, because it actually is on my list. A
constituent called me last week. He was at Cherokee and Oxford, which I believe is subject to the same
problems. His car was sideswiped and he had actually been talking to Tricia, because he wanted to do
something ... to move his car into the front. He has no objections to our new UDC and he is going to do
something in the back. They are talking about getting a neighborhood group together and I said I would try
to assist ... to make it known and stan some dialogue in anyway I can. 1 also know someone else who lives
a block or so away from you on Delaware and she confirmed what you told me that day. It is an issue. 1
don't know if it is ETAC we should work with or what.
Mayor Garrett said I think initially, Gary Sears is probably going to talk to Safety Services Director Chris
Olson about some of the things that we do. ET AC could clearly take that if they so desire.
Council Member Yurchick said it is that whole area. I don't want to limit it to Cherokee and Delaware.
would want Fox included, as it is terrible there too.
Council Member Bradshaw said any of the through streets from Kenyon to Oxford. I drive that also and it
is horrible.
Council Member Wolosyn said I drive it 100. I try to be mindful of the 30 miles per hour.
Mayor Garrett noted that Bannock is one-way there too. Ms. Bradshaw said yes, so it pushes it off.
Council Member Barrentine said that gentleman called me too and I wanted to extend, more publicly, the
high praise he had for Tricia Langon and how quickly she dealt with that. He had had some difficulty in
trying to find out some information and then when he knew the right pcnon to talk to, within an hour she
had the answer to him. It was very professional and he took the time to call me back and say how
impressed he was with her and the City for working with him on that. 1 wanted to pus lhat aloo&, because
he was quite impressed with her and that was very nice that be called back.
City Manager Sears said we will give the Council a report. Chris Olson, our Safety Services Director. is
over here and you might ask him, but it also relates to the Public Works Deparunent. I think Ken Ross also
t
... ..
• •
Englewood City Council
February 17, 2004
Page 13
needs to provide an explanation as to where we are with that. We will at least provide that report bac k to
Co uncil and you can give directions as to where you would like to go w ith that.
4 . She said I would just like to say I appreciate the reply to Mr. Smith's concerns about the
administrative adjustment. And also, I really have been under the impression that the Board of
Adjustments was aware of that, because I thought we discussed it when the three Boards met.
Bob Simpson said thank you, I will pass it on. They were aware of it. We have discussed it with them. I
think it was just kind of not realizing what the impact might be and the reality is, I mean, it is small. We
are not assuming too much authority, we are just making sure that the small ones can be addressed for
citizens' needs.
•••••
Mayor Garrett said on our Agenda is Council Bill No . 9, which is a bill to repeal the Admissions Tax. We
discussed it at the last Study Session.
[Clerk's note: This was li sted on the Agenda as Item 12 (b) (i).]
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 9.
COUNCIL BILL NO. 9, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE REPEALING TITLE 4, CHAPTER 6, "ADMISSIONS T AlC' OF THE
ENGLEWOOD MUNICIPAL CODE 2000.
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Motion carried.
Ayes: Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn,
Yurchick, Tomasso
Nays: None
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 d id not have any ma tters to bring before Council.
15 . Adjournment
RRETf MOVED TO ADJOURN. The meeting adjourned at 8:50 p .m.
.,
'
. ..
. •'
• •
••
• •
March 2004
Dear Mayor-----------
and Council Members--------
City of Littleton
City of Sheridan
Greenwood Village
Aurora
Centennial
Cherry Hills Village
Proposed Letter -Draft
In 2001 the House of Hope opened as a residential family resource center
that serves homeless families at 3301 S. Grant Street in Englewood. It is the
only homeless shelter in Arapahoe County. The Western Arapahoe County
Homeless Alliance (WACHA) founded the House of Hope and contracts with
Family Tree, Inc. to provide program administration and services. Family Tree,
Inc. is an organization dedicated to helping people be safe, strong and self-
reliant. Last year Family Tree provided assistance to more than 23,400 people
through it's various programs and services. WACHA is a grass-roots group
made up of concerned citizens, school representatives, law enforcement/safety
services, physical and mental health care providers, community/civic
organizations and human services agencies in Arapahoe County who provide
services or interact with families in Arapahoe County who are homeless or at risk
of homelessness . Mile High United Way is also a collaborative partner and helps
raise funds for operations at the House of Hope.
On a typical day in Arapahoe County, more than 1,300 persons are
homeless, 446 of these homeless are identified as families and more than 50%
are children. Clearly, none of us are exempt from the reality of homeless families
in our municipalities"· Families staying at the House of Hope come from
Arapahoe County communities including Englewood , Sheridan, Littleton,
Greenwood Village, Aurora and Centennial. Families with children are the
fastest growing segment of the homeless population. Research indicates that
school stability and continuity in school enrollment are associated with school
success including achievement, promotion and graduation .
House of Hope has provided over 9,455 nights of safe shelter and
services for more than 66 homeless women and 128 homeless children . With
staff assistance, each family creates a plan for self-sufficiency that they agree to
follow during their 90 day stay. The goal is to provide families with a safe, secure
place to live, assistance in finding job training, counseling, education , child care,
..
•
'
.· ..
• •
and more permanent housing after they successfully complete the House of
Hope program.
The City of Englewood supports the House of Hope in a variety of ways.
We have waived permit fees, provided in-kind staff services, assisted in
preparing zoning and conditional use agreements, provided CDBG grant funding
and managed the t1ouse of Hope's inclusion as a "Contribution Project" in the
Arapahoe County Enterprise Zone. The City of Englewood also helped fund
WACHA's acquisition of the building for House of Hope. A Neighborhood Task
Force meets regular1y and not a single complaint about the shelter or its
residents has been received. The Englewood Housing Authority is providing
reduced fees for the House of Hope building maintenance and the Englewood
Small Business Development Corporation provided loan funds and waived fees
and interest payments, since repaid by WACHA, for the installation of a required
fire sprinkler system. Arapahoe County supports the program through in-kind
staff support, TANF client reimbursement and building maintenance and
acquisition from CDBG funds.
WACHA received a bridge loan from Mile High Housing Fund to help with
acquisition, of which $100,000 is still outstanding.
I hope you will agree with me when I say that we consider a program like
House of Hope a necessary investment in our communities. These families need
our help to make a better life for themselves and even mon, so for their children.
Please take the time to meet with Tina Podolak and BIii Clayton from WACHA
and Ruth Ann Russell from Family Tree, Inc. Together I believe we can find new
and creative ways to support the House of Hope program for Arapahoe County's
homeless residents.
Sincerely,
• '
• •
PLEASE PRINT
PUBLIC COMMENT ROSTER
AG NDAITEM7
. VIIITOll8 '
DATE: March 1, 2004
"
• •
BOARD AND COMMISSION APPOINTEE SIGN-UP SHEET t
DATE: March 1, 2004 ..
PLEASE PAINT
NAME
• •
A RESOLUTION APPOINTING VALBRIB PASSERINI TO 'fflE KEEP ENGLEWOOD ,
'13EAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Keep Englewood Beautiful Commission bas been created to advue the City
Council on all matten pertaining to environmental protection and neighborhood beautification;
and
WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and
WHEREAS, Valerie Passerini has applied to serve as a member of the Keep Englewood
Beautiful Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~. Valerie Passerini is hereby appointed to the Keep Englewood Beautiful
Commission. Valerie Passerini's term will be effective immediately and will expire February I,
2006.
ADOPTED AND APPROVED this 1• day of March, 2004.
ATTEST : Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2004 .
Loucrishia A. Ellia, City Clerlt
• t
• •
~NO._
SERIEs"OF 2004
It. usoiunoN POR nm APPOINTMBNt °" YID'A. IPUCACE AS AN .
ASSOCIATE MUNICIPAL JUDGE FOR THE ct'ITOFflml~.COLORADO.
WHEREAS, pursuant to Anicle IX, Pan II, Section 68, of the Englewood Home Rule Charter,
"Council may appoint one or more associate judges, who shall sit at such times and upon such
causes as shall be determined by the presiding municipal judge;"
WHEREAS, Associate Judges are appointed for four year staggered terms; and
WHEREAS, Judge Vincent Atencio requests that the Council appoint David A. Sprccace to a
four year term as an Associate Judge for the City of Englewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
~-David A. Sprecace, shall be and hereby is appointed as an Associate Municipal
Judge in and for the City of Englewood, Colorado, for a term commencing March 2, 2004 and
expiring March 1, 2008
ADOPTED AND APPROVED this l" day of March, 2004.
ATTEST: Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __, Series of 2004 .
Loucrisbia A. Ellis, City Clerk
• •
COUNCIL COMMUNICATION
Date
March 1, 2004
Agenda Hem
8b
INfflATEDBY:
Munici I Court
5ub;ect
Appoint Associate Judge
David A. S recace
STAFF SOUia:
Tamara Wolfe Court Administrator
COUNCIL GOAL AND PIMOUS COUNOL ACTION
The Municipal Court supports City Council's goal of providing appropriate service levels by requesting
that they continue to appoint Associate Judges to serve the City of Englewood.
RECOMMENDED ACTION
Presiding ludge Vincent Atencio would request that the Council appoint David A. Sprecace to serve a 4
year term as an Associate Judge for the City of Englewood, commencing March 2, 2004 and expiring
March 1, 2008.
BACKGROUND, ANALYSIS, AND ALTEINAlMS IDEN11FIED
Associate judges are required in order for the Court to ~lain a ful time, full service, schedule. The
judges fill in for the Presiding Judge when there is a conlict of interest. lness or vacation. Mr. Sprecace
meets the qualifications required to serve as an Auociate Judee. An addllional Associate Judge is
required at this time in order to preserve adequate service levels.
FINANCIAL IMPACT
There is no additional financial impact, as auociate jucfae fees are included in the annual budget.
LIST OF ATTACHMENTS
The Resolution document is attached.
• •
Date
March 1, 2004
INmATEDBY
COUNCIL COMMUNICATION
Agenda Item
10a i
Subject
Ordinance to accept the dedication of
an 6-foot wide "Transportation/Utility
Easement" along South Bannock Street
adiacent to the Kina Soooers Store
Deoartment of Public Works I STAFF SOURCE
Ken Ross Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council approved Council Bill No. 86, which resulted in the vacation of the Trolley Square Planned
Development, on December 15, 2003 .
RECOMMENDED ACTION
The Public Works Department recommends that City Council approve an ordinance to accept the
dedication of an fl.foot wide "Transportation/Utility Easement" along Bannock Street
BACKGROUND, ANALYSIS, AND ALTERNATIVES 1DEN11RED
One of the conditions for vacating the Trolley Square Planned Development was that the applicant enter
into a development agreement with the City. One of the requirements of the development agreement
w as that the property owner dedicate an 8-foot wide Transportation/Utility Easement along South
Bannock street in order to capture the existing sidewalk and utilities that were built outside the City right-
of-way along Bannock Street Public Works has put together the dedication documents and the property
owner has signed the document
FINANCIAL IMPACT
Th e o rdin ance and the dedication document will cost $26 to record at the county.
LIST OF ATTACHMENTS
The Grant of Ease m ent
The Proposed O rd inance
• t
.... ...
• •
_, -
ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
0
0
INLL liO.l
ODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING ACCEPTANCE OP A 11lANSPORTATIONIU'IUll'Y
EASEMENT ALONG sot.ITH BANNOCK STREET BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND DILLON REAL ESTATE COMPANY, INC .
WHEREAS, the City Council of the City of Englewood, Colorado approved the vacation of the
Trolley Square Planned Development by the passage of Ordinance No . 86, Series of2003 ; and
WHEREAS , Ordinance No . 86, 2003 repealed the 1996 Planned Development overl ay district
regulations ; and
WHEREAS, a Development Agreement between the City and Dillon Real Eltale Company,
pertaining to land dedication for future West Floyd Avenue roadway improvcmcnUI and a Bannock
Street Transportation and Utility Easement wu a condition of Ordinance No. 86, 2003 ; and
WHEREAS, the passage of this Ordinance authorizes the acccptancc of the Transportation/Utility
Easement along South Bannock to capture the exiting sidewalk and utilities built along South
Bannock Stt=t;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOU.OWS :
Smilm.J.. The Dedication Of Easement bctwccn Dillon Real Eatale company , Inc . and the City
of Englewood, Colorado, anached hcrdo • Attacbment l, is hereby accepted and approved by the
Englewood City Council .
~-The Mayor is authorized to cxecule and the City Clerk to aaeat and seal the
Dedication Oli Easement for and on behalf of lhc City of Enpood, Colorado.
Introduced, read in full, and passed on tint reading on the lat day of March, 2004.
Published as a Bill for an Ordinance on the Sth day of March, 2004.
ATTEST : Dou glas Garrett, Mayor
Loucrishia A. Ell is, City Clerk
I, Loucrishia A. Ellis, City Clerk o f lhe City o f Englewood, Colorado, hereby certify
that the abo e and foregoi ng is a true c~!?Y of a Bill fo r an Ordinance , introduced, read in
full , and pa ed on lint reading on the I' day of March, 2004
Loucrishia A . Ellis
-1-
'
.· ..
·'
• •
DEDICATION OF EASEMENT
THIS DEDICATION OF AN EIGHT FOOT (8') WIDE TRANSPORTATION/UTILITY
EASEMENT ALONG SOUTH BANNOCK S~T to c31>ture the exiting sidewalk and
utilities built along Bannock Street, made this !J.:"day of _.f_-__ b_"::':::':M:a::-"'--'~1-------
__ , 2004, by and between the DILLON REAL ESTATE CO., IN'C . a Kansas
Corporation (Grantor) and the CITY OF ENGLEWOOD, a municipal corporation of the
State of Colorado, Englewood (Grantee);
WHEREAS , Dillon Real Estate Co ., Inc. is, by warranty deed, fee owner of real propeny
l~ated in the County of Arapahoe, State of Colorado, as described in Exhibit A; and
WHEREAS, it is essential that Englewood have continuous and uninterrupted use of the
eight foot (8') wide Transportation/ Utility Easement along South Bannock Street to capture
the exiting sidewalk and utilities built along South Bannock Street without interference from
any other party; and
WHEREAS, any damage or interruption .to the eight foot (8') wide Transportation/
Utility Easement along South Bannock Street to capture the exiting sidewalk and utilities
built along South Bannock Street would result in significant actual and consequential damages;
and
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Dillon Real Estate Co., Inc., for itself, its successors and assigns, hereby
GRANTS, BARGAINS, SELLS AND CONVEYS TO GRANTEE (CITY), ITS SUCCESSORS
AND ASSIGNS. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, AS
FOLLOWS :
An eight-foot (8 ') wide Transportation/ Utility Easement along South Bannock Street to
capture the exiting sidewalk and utilities built along South Bannock Street described in Exhibit
A attached hereto, "THE EASEMENT AREA";
I . Grantor shall construct no permanent improvements in the Easement Area but
shall maintain, repair and renew its landscaping in the Easement Area at its own
expense and shall make no su bstantive changes except with prior approval of
Grantee . Grantor shall maintain the curb, gutter and sidewalk pursuant to the
requirements of the Englewood Municipal Code .
2. The construction of any improvements by Grantee in the Easement area shall be
cons tructed, operated, maintained. repaired. extended, renewed and/or
reconstructed, in conformity with plans. specific:itions :ind method of
construc tion prepared by Grantee .
3. Grantee shall bear the entire cost :ind c:itpense incurred in ,;onnection with the
construction, m:iintenancc, repair, :ind renewal and any and all modification,
revision, extension. relocation. removal. or reconstruction of Grantee's
improvements, now or hereal\cr made in th,: Easement Are:i e:itcept for the
-
A
t
t
a
C
:1
m
e
n
t
l
'
.· ..
,•
• •
4 .
existing curb/gutter and sidewalk. Grantee shall return all of Grantor's
improvements to the condition existing prior to Grantee's work upon completion
of Grantee's work. Grantee shall repair any damage to the curb, gutter and
sidewalk resulting from Grantee's work.
Grantor shall indemnify and hold harmless Englewood from and against any and
all liability, loss, damage, claim, demand, cost, expense of whatsoever nature,
including court costs and attorney fees which may result from injury to or death
of persons whomsoever, or damage to or loss of or destruction of property
whatsoever, including damage to pipelines, equipment or other property of
Grantee caused by the existence of improvements of Grantor, or the operation,
construction, maintenance, repair, extension, renewal, modification,
reconstruction, revision, relocation, or removal of improvements of Grantor or
any part thereof.
S. Grantor warrants that it is the fee simple owner of the property described in
Exhibit A and lhat Grantor bas full right, title, and authority to grant the
easement and right of way to Grantee. Grantee acknowledges Grantor has a fee
simple interest that property described in Exhibit A and further acknowledges
that Grantee bas no rights to any portion of the property described in Exhibit A
other than as described herein. Grantor· reserves the right to use the Easement
Area for purposes not inconsistent with the grant herein.
6. Grantee shall not impair subjacent and lateral support of Grantor's property.
7 . Each and every one of the benefits and burdens of this grant of easement shall
inure to and be binding upon the parties hereto and their legal representatives,
successors, and assigns.
8. Grantee does not relinquish any authority, rights, or privileges it may exercise as
a Colorado home rule city.
9. This agreement supersedes any and all agreements, written or oral, heretofore
entered into between the parties or their predecessors.
'
..
• •
IN WITNESS WHEREOF, the parties hereto have executed this Dedication of Easement
the day and year first above written.
GRANTOR :
O~.,INC.,• ....... ~
STATE OF oMcO )
) ss
COUNTY OF HMll<..Jatl )
The foregoing instrument was acknowledged before me this~ day of -1':-b-\. ... y, ,u,1.
___ , 2004 by +,.aw· tM&d"''"-, as \Jic.r.. ~ident of Dillon
Real Estate Co ., Inc ., a Kansas corporation . •
Witness my hand and official seal.
~l y Commission expires :
SVI.VIA H. COOK
Notary P :;~'lr . ~l •f r ,, 1h10
• i.bfffRti<iidfl -JIM 11W. · t 2005
ATTEST
Loucrishia A. Ellis , City Clerk
;~ t'-,~ "}..,
Notary iVublic
GRANTEE:
CITY OF ENGLEWOOD. COLORADO
a municipal corporation
Douglas Garrett. Mayor
·--~ .. ·)-. 1.:.:,
·····,,. -
'
..
.,
~ .. -:·.-
·.··
• •
·•
• •
LEGAL DESCRIPTION
0
0
EXHIBIT A
PAGE l Of 2
Transportation/Utility Easement, 3400 Block of South Bannock St.
AN 3.00 FOOT WIDE PARCEL OF LAJ.\ffi LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 3•t TOWNSHIP-+ SO UTH, RANGE 68 W OF THE SIXTH
PRINCIPAL MERIDCAJ.~. COUNTY OF ARAPAHOE, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO!VlMENCING AT THE NORTHEAST COR...'''i'ER OF THE SOL'THEAST QUARTER
OF THE SOliTHWEST QUARTER OF SAID SECTION 34; THENCE S89°53'0l"W,
ALONG THE NORTH LINE OF THE SOLTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 34, .\. DIST AJ.'lCE OF 50 FEET TO
THE WEST RIGHT-OF -WAY LINE OF SOUTH BROADWAY ; THENCE
S00°0i'53"W, ALONG SAID WEST RIGHT-OF-WAY LINE. A D1STA,~CE OF
199 . .!9 FEET TO THE SOCTH RIGHT-OF-W .W LINE OF '.VEST FLOYD .WE~l..."E ;
THENCE S89°53'0l W, . .\LONG SAID SOCTH RIGHT-OF-W .\ Y U:NE .. \.
D!ST .\.NCE OF 594 .61 FEET TO THE E.\ST RIGHT-OF-W.\. Y LINE OF SOCTH
8AJ.';"NOCK STREET .-\.'.JD THE POl:'iT OF BEGr.-."NTNG :
THE-:s/CE S39 °53"0 l "E .. .\LONG SAID SOCTH RIGHT -OF -WAY OF WEST FLOYD
AVE~l..."E, .\. D!ST . ..\.'iCE OF 3.00 FEET: THE:--iCE S00°0 l ' !OE , PAR..\LLEL WITH
SAID EAST RlGHT-OF-W.\. Y OF SOCTH BA)."NOCK STREET .. \. D1ST.\.'iCE OF
341.S i FEET TO THE :--iORTH RIGHT-OF-W .\ Y LINE OF ENGLEWOOD
PAR.KW .\. Y; THENCE WESTERLY .. \LONG SAID '.\/ORTH RIGHT-OF-W.\. Y LINE
AND .\.LONG .\. ).ION-T .\..'iGE;'iT CCR VE. CO~C.WE TO THE SOCTH. HA Vi!'iG
.\. R.\.DCCS OF 331.50 FEET. A CE:--iTR.\L .\.:--iGLE OF ,w:5·35·· .. \.~D .\. CHORD
BE.\.RDiG y5 •47·32 ··w .. \...'i .\.RC D!ST .\.:--iCE OF 3 . .:5 r'Ei:T TO THE SAID EAST
RIGH T-OF-W .\.Y OF SOL.TH 3A.'i~iOC:< STREE"".': THE::-.iCE :-Jooc o 1 ·1 o··w .
. \.L01'i G S . .\!D E.\.ST RlCHT -O F-·w·.\ Y Lr.-i E. A DISTA>iCE OF 33 9.33 FEET TO
THE PO NT OF BEGIN;'i'NG .
CO NT .-\1:'i NG 2.7:!7 SQL".\.RE FEET :V IORE OR LESS
Survevor's Statement
I, David L. Henderso n. :i registered ?roi'ess:on:il L.md Sur :eyor in :he State llfColorado.
do hereby state that this Leg:il Desc:i pcion :md Exhibit were prepared under my direct
supe :-vision :md lln th e basi s of my knowledge. infomi:i tio n. :md ,elid. :ire correct Th e
att:iched Exhibit doe s not represent l :nonumented !an d ,urvcy . il!ld is only co depi c: this
L:g:il Descrip,~Qllu 1111,,,,,,,,
,,i·'~· ~co ,1.fc/> ..
~~'--~~···c·114ii·: ~::,~·
.• I L ·.· , : . ! \ ~--.. . ~ . :
Da~·id L\;~dcrs~n. !:q~fonal L.md Sur . .!:or
Co1or1do~'-~l-1..--~.,,:
'··.,,,,/( !~ :,~ su·\,~,,~ ..
·.,, ... , .. ,: •• 10\\\\\•
Da t:tl fanuary 6. :oo-.
..
'
.. ..
• •
I lfl COIIND SI :" SW 1/0
~~u,•-••~
~ SOll'O'MT"" '"·""
•
~Ult
SC.\LI
,. •Ill
L"tHIBIT
BROADWAY
S .~CO,W.~ ST.
!dNVOOIVWDI
.......... ,1r11
.. ~.woe
0
C.A.CU,.OJ._. ~
PAGE 2 of 2
t
• •
ORDINANCE NO .
SERIES OF 2004
·•
• • 0
BY AUTHORITY
COUNCIL BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE GIS PILOT STUDY PROJECT ON SEWER SYSTEM
MAPPING BETWEEN CHERRY HILLS SANITATION DISTRICT AND THE CITY
OF ENGLEWOOD.
WHEREAS, in 2002 a service area wide assessment determined that a ·
comprehensive sewer system map would have major benefits; and
WHEREAS, the various portions of the sewer collection system are owned, operated
and maintained by the City of Englewood, the City of Littleton and 18 Sanitation
Districts; and
l WHEREAS, CDM was contracted to conduct a Geographic Information System
(GIS) Needs Assessment in 2003; and
WHEREAS, an identified list of objectives for implementing a service area GIS of
the sewer collection system formed the basis for GIS interviews and surveys; and
WHEREAS, based on these broad objectives, detailed technical information was
obtained froDl the City of Englewood, Littleton, the counties (Arapahoe, Jefferson and
Douglas), DRCOG, and several of the Sewer Service Connector Districts; and
WHEREAS, the final report presented the findings from the surveys and planning
level cost estimates to implement a web-based GIS system for the sanitary sewer
system; and
WHEREAS, a high level of interest from Englewood, Littleton and the Districts was
generated to implement a GIS systt;m for the wastewater collection system; and
WHEREAS, COM determined that the Cherry Hills Sanitation District's sewer
collection map would best demonstrate a web-based GIS sewer mapping system; and
WHEREAS, the Cherry Hills Sanitation District's collection system mapping is
already in a GIS based system and bas prepared an Intergovernmental Agreement for
the use of their sewer mapping data ; and
WHEREAS, the passage of this Ordinance authorizes entering into an
intergovernmental agreement with Cherry Hills Sanitation District for the GIS Pilot
Study project on sewer system mapping;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
-1-
'
• •
•
Section 1. The Intergovernmental Agreement pertaining to the GIS pilot study
project on sewer system mapping between Cherry Hills Sanitation District and the City
of Englewood, attached hereto as "Exhibit A," is 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
the intergovernmental agreement for and on behalf of the City of Englewood,
Colorado.
Introduced, read in full, and passed on first reading on the 17th day of February, 2004.
201h day of February, 2004.
Published as a Bill for an Ordinance on the 20•b day of February, 2004.
Read by title and passed on final reading on the 1st day of March, 2004.
Published by title as Ordinance No. __, Series of 2004, on the 5th day of March,
2004.
Douglas Ganett, Mayor
ATTEST :
Loucrisbia A . Ellis, City Clerk
I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, bcrcby
certify that the above and foregoing is a true copy of the Ordinance puscd on final
reading and published by title as Ordinance No. __, Series of 2004 .
Loucrishia A . Ellis
-2-
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
2900 S. Plane R-Drtv.
Englowaod, Colcndo 80110
(303) l'82·2l!OO
Fl>J/. 792.2920
February 5, 2004
Mr. William J . Matsch
President
City of Cherry Hills Village Sanitation District
2450 E . Quincy Ave.
Cherry Hills Village, CO 80110
Dear Mr. Matsch:
·•
• • . n
i ' ~
//~
City of SS City of
Littfeton ( (_ Englewood.
Camp Dresser and Mckee, our consultant for GIS sewer collection system mapping, has identified the
Cherry Hills Village GIS system as being the most complete and compatible among our sanitation
districts to assist us in a pilot study . This purpose of the pilot study is to demonstrate the information
that may be available on a web-based system, as well as the functionality and querying capabilities. ·
On October 16, 2003, I sent you a letter regarding the use of the Cherry Hills GIS for the sewer
collection system pilot study. The District Directors reviewed the letter and made response in a letter
dated October 29, 2003, with your signature. That letter indicated the Directors' consent to the use of
this information on the following terms and conditions:
I
1. The District will furnish the Littleton/Englewood Wastewater Treatment Plant (UE WWTP)
with a diskette containing all of its information or, alternatively, ·will run copies of selected
portions thereof on its system as UE WWTP may request.
2. Such information may be copied only for educational purposes and, ifso and distributed to
others , shall bear a copyright mark as follows: "C City of Cherry Hills Village Sanitation
District, 2003 ."
3. The District is willing to provide reasonable support, but if, in its discretion, it determines that
the UE WWTP is making demands on the District's time greater than those anticipated, it
reserves the ri ght to bill UE WWTP for the actual cost of provided services.
The signature below by City of Englewood Mayor, Douglas Garrett, indicates the UE WWTP
agreement to the above terms and constitutes an Intergovernmental Agreement between the City of
Engl ewood and the Cherry Hills Village Sanitation District lfthe foregoing is acceptable, please sign
all three (3) ori gi nals at the place provided for below and return two (2) originals to :
• I X
H
I I • I
T j
A
'
.· ..
,•
• •
Mark Van Nostrand
2900 S. Platte River Dr.
Englewood, CO 80110
Thereafter, you agree to provide the GIS data and proceed according to the provisions of this
agreement
UdX~/l
Marie Van Nostrand
Senior Project Engineer
APPROVED:
CITY OF ENGLEWOOD
By
Mayor, Douglas Garrett
ATTEST:
Loucrishia A. Ellis, City Cleric
MVN:cg
"APPROVED:
CITY OF CHERRY HILLS VILLAGE
SANITATION DISTRICT
By
ATTEST:
'
• •
-
Date
March 1, 2004
'
INITIATED BY
COUNCIL COMMUNICATION
Agenda Item
---
ST Aff SOURCE
Subject
Council motion setting a city-
wide sidewalk sales events, to be
held on June 12, 2004.
City Manager's Office Michael Flaherty, Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance 47, Series of 2000, authorized public sidewalk sales for community events or celebrations.
RECOMMENDED ACTION rs Council approval, by motion, of establlshlng June 12, W04, as a ~ t,u111c
BACKGROUND
Prior to the passage of Ordinance 47, Series of 2000, sidewalk sales were prohibited under Title 11,
Chapter 3, Subsection 3 of the Englewood Revised Municipal Code, which prohibits obstruction of
highways and public passages. Ordinance 47, Series of 2000, provides an exception for public sidewalk
sales. The City Policy established for public sidewalk sales allows for such sales to be conducted only in
conjunction with a City authorized public sidewalk sales event The date of Saturday, June 12, 2004 has
been proposed for a city-wide public sidewalks sales event through discussions with the Greater
Englewood Chamber of Commerce, the Old Town Englewood merchants' association, and the Alliance for
Commerce in Englewood.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Me mo fro m Busin ess Develo pment Speci al ist Darren Hollingsworth
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Englewood City Council )
ACE Members
Gary Sears, City Manaser
Robert Simpson, Director ~
Darren Holllnpworth ~ J/ -
Business Development~
February 5, 2004
2004 City-wide Sidewalk Sale on Saturday, June 12
The 2004 city-wide sidewalk lale for Englewood businesses ii Saturday, June 12.
This merchant-orga11ized event urges entrepreneurs throughout Enalewood to take this
opportunity and showcase their business. As part of the recommendation from the Greater
Englewood Chamber of Commerce, the merchants group Old Town Enalewood (OTE)
chose this date. This year, OTE choose to have one (1) sidewalk lale and wlH work to make .
this a dynamic community event
>
Businesses located alons Hampden Avenue, South Broadway, and CltyCenter are
encourased to participate in this event
1000 Englewood Parkway Englewood, Colorildo 80110 PHONE 303-762-2342 FAX 303-783-6895
www .d . ..........,.i.co.111
• '
--..
..
• •
Date
March 1, 2004
INmATEDBY
COUNCIL COMMUNICATION
Agenda Item Subject
Agreement with the Museum of ·
Outdoor Arts for the 2004 D es ign and
Build™ Competition Exhibit
STAFF SOURCE
City Manager's Office Michael Flaherty, Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ..
In November of 1999, City Council approved an agreement and sublease between the Museum of
Outdoor Arts (MOA), the Englewood Environmental Foundation, and the City of Englewood. The
provisions of the agreement call for, among other things, programming and exhibition of public art at
CityCenter Englewood. MOA has scheduled its Design and Build™ Competition Exhibit, which is not
specifically covered by MOA's sublease agreement
Counci l has approved the Design and Build™ Agreement with MOA for the past three years.
RECOMMENDED ACTION
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
The upcoming Design and Build™ Competition Exhibit, sponsored by MOA, proposes to place exhibits at
va riou s locations, including: in and around the Englewood Civic Center; along Englewood Parkway; and in
o pen space near the intersection of Dartmouth Avenue and Inca Street Additional exhibits are planned at
stati ons along the RTD light rail line.
FINANCIAL IMPACT
There is no financia l impact associa ted with th is agree ment
LIST OF ATTACHMENTS
List of Design and Bu ild™ si t es
Propose d Agree ment
..
'
• •
-
0
·•
• • 0
CONTRACT
THIS CONTRACT is made and entered into this~ day of f~ , 2004, by and between
the CITY OF ENGLEWOOD, a Home Rule City existing under and by virtue of the laws of the State of
Colorado, whose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter
referred to as the "City" and MUSEUM OF OUTDOOR ARTS, hereinafter referred to as "MOA".
WHEREAS, MOA has sponsored Design and Build, a public sculpture competition for high school
students.
WHEREAS, the winning sculptures will be installed and on display in various public areas of the City
from April 12, 2004 through June I, 2004.
WHEREAS, the City wishes to encourage such public art projects and toward that end agrees to allow
the placement of some of the sculpture on City property and Rights-Of-Way.
WHEREAS, the City has elected to accept the proposal of MOA for the temporary display of student
sculpture as presented to the City and as shown on "Exhibit A".
WHEREAS, the City and the MOA mutually desire to enter into this Contract regarding the temporary
display of sculpture.
NOW, THEREFORE, for the consideration herein expressed, it is hereby agreed upon by and between
the City and MOA as follows:
I . This Contract shall terminate June 15, 2004.
2. If either party fails to fulfill any obligations of, or violates any of the terms of thia Contract, the
other party shall have the right to terminate this Contract.
Acts To Be Performed By MOA :
I. MOA will provide four (4) to eight (8) pieces of sculptures created in conjunction with the Design
and Build Program.
2. Sculpture shall be installed between April 12, 2004 and April 14. 2004 and shall remain on display
until no later than June I, 2004.
3 . MOA shall transport, and install, and shall provide necessary security pedestals, identification
plaques, maintenance and repair for the four (4)) to eight (8) sculptures at its sole cost.
4 . MOA's plan for installation procedures and methods; safety measures and maintenance procedures
will be submitted to the City for approval before the commencement of installation.
5 . MOA agrees to remove graffiti pursuant to the provisions of the Englewood Municipal Code. If
MOA has not removed the graffiti after notice pursuant to the Code, the City may remove said
graffiti and MOA shall pay for the costs of the removal. The City shall not be responsible for
damage to sculptures as a result of graffiti removal.
6. MOA agrees to resolve any public safety issues within twenty-four (24) hours of notification, either
verbally or in writing, by the City. If MOA fails to repair the dan1erous condition or the graffiti
within the twenty-four (24) hours, the City may make any repairs it deems ncccuary up to and
including removal of sculpture with the costs of such repairs paid by MOA.
7. MOA agrees that the City shall not be responsible for any vandalism, theft, or other damage to the
Sculptures, plaques or supporting bases.
8 . MOA shall maintain liability insurance coverage in the amount of S 1,000,000 for the dllflltion of the
project with the City as a named insured.
'
.,
• •
9 . MOA agrees to hold harmless the City from any and all liability associated with the display of the
sculpture after installation.
Acts Io Be Performed By The Cjty :
I . The site or sites for sculprures shall be mutually agreed upon by MOA and the City so long as such
site(s) are in a City owned park, open space or Right-Of-Way.
2 . The City shall not alter, move or remove the sculptures or the information plaque, nor place any
obstacle, which might block the view of the sculpture without the written permiuion of MOA
except in cases of public safety.
3. The City shall notify MOA of any changes in use or development on or near the site of the
sculpture.
MUSEUM OF OUTDOOR ARTS
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
CITY OF ENGLEWOOD
Douglas Garrett, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
.. ,:.. ,,
• •
JV\ \ 1•
I
\·
I
\
Museum of Outdoor Arts
Design and Buildn12004
MOA Program Managers:
Amy LaugeHn and Pam Starck (303} 806 -0444
a!11,1gesenc;mgggaliD1,Q!'.9
. '
pstarcl<@mgagnHne.org
Technical Support: ,II
Harrison Phillipa
Architect (303) 733 -2559
Aleks Bakman
Satellite Team , Lockheet Martin a1e1<s.i .bakman@lmco .com
Site/ Location ~hoolfTeached1l :
Site# 7 Douga.. County High
Open Space at the School
SouthweSt comer of Dartmouth Street (303}81~n
and Inca Street Lany Alexander ,' 1
! I,. :
Sita# 8 Englewood High School
Englewood CivicCenter Rotunda (303) 806-2268
Sheila Olson
Sita# 9 Air Academy High
School
Englewood CivicCanter Plaza (719) 472-1295 X 407
Jon O'Loncrgan
Sita# 10 Sheridan High School
Oxford Light Rail Station (720} 833-6780
Grass area at the north west comer of Kathy Wetzel
Oxford Street and Navajo Street • • ,.
Date:
March 1, 2004
Initiated By:
COUNCIL COMMUNICATION
Staff Source:
Subject:
Purchase of New Holland Loader
Backhoe
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Dave Lee Mana er of O en S ce
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved the purchase of a loader backhoe for the Parks
Department through the City's Capital Equipment Replacement Fund.
RECOMMENDED ACTION
Staff NQJi111.iijihdJ .lhatc;:~-~ hr~ of a New Holandtoadlr •
backhoe from the~'ftilcltiir •
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing Parks loader backhoe is a 1989 John Deere and was due for replacement in
1999. The unit was held over for 3 years due to it being in good operating condition. Bids
were sent to nine vendors. Universal Tractor Company was low bidder with no exceptions
to the bid specifications.
FINANCIAL IMPACT
Sufficient funds for the purchase of the loader backhoe are available in the Capital
Equipment Replacement Fund. Total cost of the loader backhoe from Universal Tractor
Company 1s $40,823.00
LIST OF AlTACHMENTS
Invitation to Bid
Specifications
Bid Proposal
Bid Proposal Tabulation
t
• •
_..
0
...
• •
'' C IT y 0 F ENGLEWOOD
PURCHASING DIVISION
REQUEST NO. ITB-04-106
DATE: January 20, 2004
INVITATION TO BID
BACKHOELOADER2004
The City of Englewood will receive sealed bids for supplying "2004 Backhoe Loader" as per
specifications no later than 1 :00 P.M. prevailing time, February 3, 2004. Bids will be
received at the office of the Purchasing Division, 2800 South Platte River Drive,
Englewood, Colorado 80110-1407.
Bidding firms are asked to mark envelope "Backhoe Loader 2004" in lower left hand comer
with the Bid #ITB.Q4-106 shown on the front of the envelope in which the bid is
submitted . The City of Englewood assumes no responsibility for unmarked envelopes
being considered for award. An authorizetJ company representative is required to sign in
ink on the bid proposal form . If City offices are closed due to inclement weather, an
amendment will be issued with a new date, time and address of the bid opening.
The City of Englewood is exempt from all federal, state, and local taxes.
At time, date, and place above, bids will be pu~licly opened and read out loud. Late bids will
not be accepted under any circumstance, and any bid so received shall be returned to the
bidding firm unopened. In addition, telegraphic and/or bids sent by electronic devices are
not acceptable and will be rejected upon receipt. Bidding firms will be expected to allow
adequate time for delivery of their bid either by air freight: postal service, or other means.
Bidding firms are invited to, but not required to attehd the bid opening.
The C ity of Englewood has contracted with BidNet and has begun utilizing a new central
bid notification system created for the City of Englewood. This new system will allow
vendors to register online and receive notification of new bids, amendments and awards .
Vendors with internet access should review the registration options at the following website :
http://www.govbids.com/scripts/co1/publiclinfo/regoptions .asp. If you do not have internet
access, please call the BidNet support group at (800) sn-1997 extension #214 or the City
of Englewood Procurement Division at (303) 762-2393.
All material submitted in connection with this bid becomes the property of the C ity of
Englewood . Any and all bids received by the City shall become public record and shall be
open to public inspection after the award of a contract, except to the extent the bidding
entity designates trade secrets or other proprietary data to be confidential.
-I .
'" ,•
f • I
I • •
-·•
• •
Any questions or clarifications concerning this bid shall be submitted in writing by mail or
facsimile (303) 783-6951 to the City of Englewood, Proa.irement Division, 2800 S. Platte
River Drive, Englewood, CO 80110-1407. The bid title and number should be referenced
on all correspondence. All questions must be received no later than seven (7) calendar
days prior to the scheduled bid opening date . All responses to questions/clarifications will
be listed on the BidNet address as listed above as an addendum. The City will not be
bound nor responsible for any explanations or Interpretations other than those given in
writing as set forth in this invitation for bid. No oral interpretations shall be binding on the
City.
BIDDERS MUST SUBMIT PROPOSALS ON THE An ACHED BID PROPOSAL FORM
AND SUBMIT THREE (3) COPIES FOR EVALUATION PURPOSES.
By submission of the bid, the bidding firm certifies that the bid has been arrived
independently and submitted without coordination with any other bidding entity
Any item offered or shipped as a result of this bid shall be new and the current model
offered at the time of this 1TB (Invitation to Bid). Upon the City of Englewood's acceptance
and the issuance of a Purchase Order, the specifications of this bid and the firm's 1TB
response shall become a binding contract.
Bids will be quoted F.0 .B. Englewood, Colorado.
If the material or services supplied to the City are found to t>, defective or fail to conform to
specification, the City reserves the right to cancel the order upon written notice to the seller
and return of the produd at the bidding firm's expense. In case of any doubt or difference of
opinion as to the items to be furnished hereunder, the decision of the City shall be final and
binding on both parties.
Price quoted in the bid shall be firm for a period of at least sixty (6'J) days from the date of
bid opening .
The successful bidding entity shall indemnify and save harmless the City of Englewood
and all officials, agents, and employees from all suits or claims of any character brought
by reason of infringement on any patent, trade mark or copyright.
Bidders will be required to conform to the specifications. Deviations may deem the bid
unacceptable . Any exception to the minimum specifications, general conditions, and
bidd ing firm 's bid will be stated as an •exception" on the bid proposal form .
If items called for by this invitation to bid have been identified by a brand name or •equar
descri ption, such identification is intended to be desaiptive, but not restridive, and is to
indicate the quality and characteristics of products that will be satisfactory. Invitation to
Bid's offering •equar products will be considered if the bidder clearly identifies such
products with brand name, part number and any technical data, brochures or other
information , so that the City can make a technical evaluation to detemine that the products
are equa l.
'
..
• •
-
THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID
INDICATING THAT THE BID IS IN ACCORDANCE WITH THE INVITATION TO BID
WHEN THE BID IS FOR THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS.
THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID
INDICATING THAT THE ITEMS WILL BE DELIVERED IN ACCORDANCE WITH THE
INVITATION TO BID.
The successful bidding entity agrees to comply with all applicable Federal, State, County
and City laws, ordinances, rules and regulations that in any manner affect the items
covered herein and agrees to secure an necessary licenses and permits in connection with
this invitation and any goods or services to be provided.
Where bidding entitles are required to enter City of Englewood property to deliver materials
or perform work or servlc:es as a result cl an award, the entity win assume the obligation
and expense cl obtaining all necessary llc:enses, permits and insU"ance. The bidding entity
shall be required to have property, liability, and workers compensation insurance with
minimum limits of $1,000,000.00 and to provide the City with copies cl the certlfk:ate cl
insurance upon request
The successful bidding entity will not disaiminate against any employee or applicant for
employment because cl race, color, religion, sex or national origin and wiR co"1)1y with the
Americans with Disabilities /Id. The successful bidding entity shall adhere to acceptable
affirmative action guidelines in s•cti ig employees and shall ensure that empb,w are
treated during employment. without regard to their race, color, religion, sex or national
origin. Such action shaA indude, but not be limited lo, the following: employment.
upgrading, demotion, or transfer, reauitment or reaullment advertising; layoff or
termination, rates cl pay or other forms or compensation; and select1011 for training,
induding apprenticeship.
!
The City cl Englewood shall have the right to reject ,ny or al bids, and to wal\'9 any
informalities or irregularities therein and request new bids when reqund. In addllion, the
City reserves the right to accept the bid deemed moat advantageous to the best inllrest cl
the City . Any award made in response to this Invitation to Bid wl be made to that
responsible bidding entity whose offer wlN technlc:ally be moat advantageous to the City -
price, delivery, estimated cost cl transpor1atlon, and other fac:tcrs considered. The option of
selecting a partial or complete bid shall be at the disaetion cl the Cly cl Englewood .
The City of Englewood is an environmentally c:onsdous City. Vendors supplying products
made from recyc!ed materials and environmentally sound packaging wl be given
preference when all other evaluation atteria is deemed equal
.,,
t
... ..•
; .
• •
<.
Bidding entitles shaU contact Pat White, Fleet Administrator, telephone (303) 762-2535 on
any technical questions.
Bidding entitles shaU contact Don Clarke, Purchaang Administrator, Proanment OMslon,
telephone (303) 762-2392 on any questions relating to the Request for Bid and Mininun
Specillcatlons.
Don Clar1<e
Purchasing Administrator
City of Englewood, CO
..
t
-~ ..
• •
Minimum Specifications -2004 Backhoe Loader
Backhoe loader 2 wheel drive, Caterpillar, John Deere or equivalent, manufactured within
SAE standards and all applicable safety standards & requirements with the following
minimum specillcatlons:
Engine -80Hp turbo charged 'diesel, maximum net torque 256 ft. lbs, electric ether start,
110 volt block heater, and hour meter
Cab -cab with dual doors, air conditioned, with front windshield washer, strobe light
Seat -Mechanical suspension, fabric, swivel with ann rest & lumbar adjustment, fully
adjustable
Front Axle -2 WO
Tires rear· 19.SL 24" 8 PR. tubeless, tires front -11L 16" 12 PR
Backhoe -Standard dlpperstlck, digging force bucket cylinder 11,000 lbs, digging force
aowd cylinder 7,000 lbs, bucket rotation 190 degrees, digging depth 14 ft
Backhoe valves -four function valve
Backhoe controls -two lever
Bac:kho9 bucket -18" wide heavy duty 5.1 cu ft. capacity
Loader hydraulics -three uldion valve and lines the dual lever conlrOls
'
Loader bucket -1.12 cu yd heavy duty long Up bucket 1D include bolt on cutting edge and
skid plates with two lift holes, breakout force 8,100 lbs lifting cas,aclty, fuU height 5,800 lbs
Front counl9M91ght -400 lbs
Batteries -dual (2), minimum reserve 300minutes each
t
..
• •
SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
STATE AWARD YES
IF YES, AWARD#
MANUFACTURER OF VEHICLE ~). /::Jal la :i, of
MODEL OF VEHICLE LB 115: B C Bt~~QC!~
AIR CONDITIONING ~
AUTOMATIC TRANSMISSION ~
POWER WINDOWS YES
POWER DOOR LOCKS YES
4 WHEEL DRIVE YES
ALTERNATIVE FUEL OPTION YES
C E R F REPLACEMENT ~
NEW ADDITION TO FLE~ YES
DEPARTMENT VEHICLE ASSIGNED TO 1'r~s
COMMENTS :
0
@:)
NO
'NO
~
@
@
@
NO
@)
~laces Un,t: ~-t5g 19,aq JcJn D.rtt ha~~ I
Porm2/ ~rf r.rpJ,cro,erit, tln« C 14, A., IJ o«Jef"
'lfjff rS, ,,Oorma I AYp ~ « nwn1: <P JJ tt• rs
'
.. ..
~
• •
•
BID PROPOSAL
2004 Backhoe Loader
ITEM EST. PRICE BID
NO. DE§QRIPTION QTY. ~ eBg
1. 2004 Backhoe Loader 1 $ ¥4$73~ $ ~4..573!:
2 . Parts Manual 1 ~~~ s /.;)l-,~
3. Shop Service Manual 1 $/.1f. ~ s /.;f ~.!;
4. Operators Manuals 3 s;~.
TOTAL BID
ti"
Estimated date of delivery 3 .o 'h hO :/)4,l"r ..-9-R-"-
ALL MATERIAL F.O.B. CITY OF ENGLEWOOD
2800 South Platte River Drive
Englewood, CO 80110
INVOICING TERMS /t/Lr .3c.i /)Q~
PRICE QUOTE FIRM FOR 60 DAYS.
EXCEPTIONS: Al~ Al~ -
BY: /7?ul(',<~ /J?c C4<r'J
NAME (PLEASE INT)
TITLE /
t/A11i/'-<~~ 7.?tc.@(, a.
COMPANY
8!> U/Adr&'•'-<-'?t: A/Nd /11J~"c4 , Ga 84,UV
ADDRESS '
3o 3 ..:231 · ~(, "'
TELEPHONE
t
• •
·•
• •
' .
"
...........
. ,. I ..
'•. · .....
. . .. ti' . ·•· .
·.· ..
City of Englewood Bid Tabulation Sheet
Bid II rnuJ4-106
Bid Close Date/Time: February 3, 2004 1 :00 p.m.
Bid Hem: Backhoe/Loader
IB8CKnoe IP&nS
Vendor Loader Manual
Honnen Equipment
Commerce City, Co II0022 b $ 47,872.08 Included
Valley Crane & Equipment
AfontnlN, Co 81402 ~ $ 44,826.00 $ 75.00
· Valley Crane a Equipment
AfontnlN, Co 81402 '] $ 47,339.00 $ 75.00
Poww Motive Corp g Deni.w, Co 80216 $ 51,082.00 Included
UnlWH'NI Tractor Co
Lakewood, Co 80215 I • 40,573.00 $ 125.00
Ellen Equipment Corp
1" Aurora, Co 80011 $ 47,950.00 Included
DenWK Ent llllchlnery
DenWK, Co 1 $ 42,seo.oo $ 13.44
Wagner Equipment
Aurora,Co LJ $ 48,580.00
Pacific Utility q S.lt Lake City Ut. at,104 $ 52,491.00 Included
.. , .
. . ~-. '\. ... : ~ .
·•'
. ..
• • >
~ . . ;; . . .
... ,. ,Cl. • '· .. · ••
,~ ..... 1upn111ors
Manual Manuals(3) TOTAL
$ 475.00 $ I0.00 $ 41,517.08
• 275.00 $ 200.00 $ 45,171.00
• 275.00 $ 200.00 • 47 .... 00
$ II0.00 $ 75.00 $ 51,117.00
• 125.00 Included $ 40,123.00
lnctuclecl Included $ 47,950.00
$ 115.79 $ 44.33 $ 42,133.18
$ 400.00 $ 48,IIIO.OO
Included Included • 52,491.00
• .
• .
•
\,
'
Bnmd/E,rceptlona:
John DNf9 310, Exceptions: not nol9d <-options
llstlng) qllol9 Includes llghllng pecbge
Tm TX7tlClmlO, SN nceptlons
.
~ lncludN 4 WO SN excapllons
KomalN W8140-2N SN ncepllons, lncludN
Mmllary "'*9Ulc clmlll, deduct 11221.00 H not ......
New Holland LB 75.B Excepttona None noled
C.. 5IOII SN excapllons: New UnK
JCB 214E Excapllons: None noted, apecfflcallonl
not lnCludlcl
cat418DS-
Trn llodel TX7IClmlO Excepllona: SN Bid
c1ocu-11s
•
-·
(J
COUNCIL COMMUNICATION
Date Agenda Item Subject:
March 1, 2004 11 a i Inoperable Vehicles
Initiated by Staff Source
Safety Services Department Lieutenant John Collins
COUNCIL GOAL AND PREVIOUS COUNOL ACTION:
City Council has discussed this ordinance with staff and the Code Enforcement Advisory Committee
on numerous occasions over the past year. Most recently, on February 1 7, 2004, City Council
reviewed the proposed ordinance amending Title 15, Chapter 1, Section 2, Definitions; Tide 1 5,
Chapter 9, Section 1, pertaining to inoperable motor vehicles; and adding a new tide 15, Chapter 9,
Section 2, pertaining to off-road vehicles and trailers, of the Englewood Municipal Code 2000.
RECOMMENDED ACTION:
Staff see~ . .:, Council support for this ordinance amending the Inoperable Vehicle and Off Road
Vehicle sections of the Englewood Municipal Code (EMC). The Police Division believes that this
ordinance is enforceable. and falls within the framework of its problem-solving. community
interaction, and educational endeavors.
BACKGROUND, ANALYSIS, AND ALlHNATIVES IDENTIFIED:
At the request of City Council, staff worked with the Code Enforcement Advisory Committee to
d ev elop requirements related to inoperable vehicles and off road vehicles. Over the past ye _r,
several suggestions and variations of the ordinance were discussed. This proposed ordinance
addre ss e s th e consistency of defin itions in the EMC, as well as inoperable vehicles, off-road
vehicles, and sc reening re qu irem e nts.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill fo r an Ordina nce
-~ ...
...
•
'
•
BY AUTHORITY
0
o :
Jlf(). II ORDINANCE NO.
SERIES OF 2004 CED BY COUNCIL
MEMBER _____ _ ,
ANQIUNNMICB~TITLB 15, ~ I, 8BCTION Z.
IS, CHAPTER 9, SECTION l, PERTAINING T01NOPERABLI! MOTOR VElnCLES; AND
ADDING A NEW TITLE IS, CHAPTER 9, SECTION 2, PERTAINING TO OFF-ROAD (ORV)
VEHICLES AND TRAILERS, OF THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, Englewood City Council wishes to address the issue of storage of inoperable
motor vehicles, off road vehicles and trailers in the front, side, and back yards in the City; and
WHEREAS , the City Council, through its police powers, finds that it is necessary for the
health, safety, and welfare of the citu:ens of Englewood to regulate the storage of such vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. Tide IS, Chapter l , Section 2, Definitions, is hereby amended by adding new
definitions for Inoperable Motor Vehicle, Off-Road Vehicle (ORV), and Trailers to read as follows :
fmiclc {pqqcrqblc Mqtqr Vebjdc: means any IIIIWI vehicle that 1) is incapable of moving
in a lawful manner under its own power, or 2) lacks a cunent license plate, or 3) is
wrecked, damaged, dismanded or incompletely assembled.
fmiclc. Off Road~ (ORY): includes, but is not limited to, Ill all-terrain vehicle
(A TV), mini-bike, dirt bike, hovercraft, dune buggy, go-can, boat, penonal watercraft, nee
car or other vehicles that are not street legal in the State of Colorado, experimental vehicle,
aircraft, and trailers for any of the foregoing even if properly licensed. For purpgses ofthjs
defipitjop, OPF or more UO RY's" storgi pp I pilq shfll be fdlllvkmJ M OAF ORV
Carport: as defined jn 16-ll-2fB} EMC
Front Yard; Sec "Var;d Front'' as defined in 16-11-2@) EMC,
Hard Surface: a surface !Mt is peve4 wilh 119phall, ee11erete er lil'iek penl'!I N defined jn
l6:l l-7CB} EMC,
Scr:«naJ · Yisuallx pbscyred bx IGCFCDios N defippi YI 16-11 -2@} gMC,
~ a Trails 9( Utilitv Jraikc M 4Ffipg1 in the 199~ Mwkl Tqffic CPfk N e4eW4
'
... ..
.·
• •
0
(J
Section 2. Title 15, Chapter 9, Section 1, Englewood Municipal Code 2000, is hereby
amended to read as follows:
Chapter9
INOPERABLE MOTOR VEHICLES D>IQP~RABLB OFF-ROAD VEHICLES AND TRAILERS
15-9-1 : Inoperable Motor Vehicles; hlepefBhle.
This Chapter is intended to address the proper storage of inoperable motor yehjcles llll4
off-road vehicles and trailers. It shall be unlawful and considered a nuisance for any person to
store, maintain or keep any inoperable motor vehicle off-road yehjcle or trailq in violation of this
Chapter.
The owner of an inoperable motor vehicle, 8f off-road vehicle orJDjler as well as the
occupant and owner of the property where such a vehicle orJIJljler is stored, shall be responsible for
the maintenance of such vehicle in compliance with this Chapter.
A. Inoperable motor Vehicles in All Resjdeatjgl Zone Districts.
1. No inoperable motor vehicle shall be stored within the front yard.
2 . No person shall store or work on any inoperable motor vehicle within the front
yard or in or on any public property or right-of way, except that such vehicles may
be temporarily maintained in the front yard, on a hard surface, for the purposes of
transport, loading, unloading, or other temporary activities. Such transport,
loading, unloading, or other temporary activities shall not exceed eight (8) hours
per day.
3. Aft J.io inoperable motor vehicle may llel be stored in a carport. An inoperable
IQOIO[ vehicle may be stored in a fully enclosed garage or similar structure.
4 . One W inoperable motor vehicle may be stored in a rear or side yard Nthaek if it is
on a hard surface, l,ehillll a aelill Mee and screened from view of adjacent
properties and public rights-of-way.
B . Inoperable MiJJJiJ:. Vehicles in Zone Districts Other Than Resjdmtjal fjncludjng fS4
District and PUDsl-
l . No inoperable motor vehicle shall be stored unless it is on a hard surface. hehiNl-e
selid fe11ee BREI screened from view of adjacent properties and public rights-of-way
or in a fully enclosed structure.
2 . The provisions of this Section shall not apply to a permitted and/or
licensed automotive use.
2
'
... ..
• •
--·•
• •
Section 3. A new section pertaining to Off-Road Vehicles and Trailers is added to read as
follows :
15-9-2: Vehicles: Off-Road (ORV) and Trajlcrs
A . Off-Road Vehicles (ORV) and Trqjlgs in All Resjdeatjql Zone Districts.
I.
2.
No ORV~ shall be stored within the front yard.
No person shall store or work on any ORV mJcaila within the front yard or in or
on any public right-of-way, except that such vehicles may be temporarily
maintained in the front yard, on a hard surface, for the purposes of transport,
loading, unloading, or other temporary activities. Such transport, loading,
unloading, or other temporary activities shall not exceed eight (8) hours per day.
;, ORV 'lehiele -y Bel lie lllel'e4 HI a ea,peft . AB OIP/ \ ehiele awy l,e !llered HI a
fully eaelesed g-ge er similar IIINIINN.
4 l , OJm.!il AB ORV mJcaila may be stored in a camon or a rear or side yard tet"8elt
if it is on a hard surface, l,ehiad a selid MBee 111111 se,ee111d t',em \ ier,, ef adjaeeal
11,e11eftie1 Md 11lllllie l'iplB ef way. Any additjopal ORV or trailer maybe stored
in the n;ar w side xard if it is PP a hapl surface and scrp;pgl from view of adilSSJU
propqtig and pyblic riBhY-o[·wex
B. Off-Road Vehicles (ORV) and T,qi(ca in Zone Districts Otlter Tllan Rqjdeatjql
finchufinK W DistricU and PUPIi
l . No off-road vehicle mJcaila shall be stored unless it is on a hard surface. llehille-e
selid MBea Mil scrccncd from view of adjaccut properties and public rights-of-way
or in a fully enclosed structure.
2 . The provisions of this Section shall not apply to a permitted and/or licensed ORV
and qajler usq.
Section S. Safety Clauses. The City Council hereby finds , dctcrrnincs, 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 prese rvation of health and safety and for the protection of public convenience and welfare .
The City Council funher determines that the Ordinance bean a ntiooal relation to the proper
legis lative object sought to be obtained.
Section 6 . Scverability. If any c lause, sentence, paragraph, or pan 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, uch judpncnt shall DOI affect, impair or invalidate the remainder of
thi s Ordinance or it application to other persons or circumstances.
Section 7. lnconsjstcnt Ordinances . All other Ordinances or portiom thereof incomistcnt
or connicting with this Ordinance or any portion hereof are hereby rcpcalcd to the extent ofsuch
inconsi tenc y or connict .
3
'
.•
• •
Section 8. Effect of repeal or modification,. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall Dot 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 purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions .
Section 9. ~ 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 1st day of March, 2004 .
Published as a Bill for an Ordinance on the Sib day of March, 2004.
A1TEST: 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, introduced, read in full, and puaed on
first reading on the 1st day of March, 2004.
Loucrisbia A. Ellis
.. ..
,.
'
. .
..
l
,
• •
COUNCIL COMMUNICATION
Date Agenda Item Subject
March 1, 2004 11 a ii Outdoor Storage
Initiated by Staff Source
Safety Services Department Lieutenant John Collins
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
At the February 1 7, 2004 Study Session, Council and staff discussed this proposed ordinance that
adds a new section to the Englewood Municipal Code to address the issue of Outdoor Storage.
RECOMMENDED ACTION:
Staff seeks Council support for this ordinance that adds a new section to the Englewood Municipal
Code (EMC) to address storage of personal property in the public view.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
At the request of City Council, staff worked with the Code Enforcement Advisory Committee to
develop requirements related to outdoor storage. The current ordinance addresses only the
storage of "junk" and not other personal property visible to the public. This proposed ordinance
addresses storage of personal property in the public view, and provides related definitions.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
• •
--
ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
ABU.LFOR
0
<.:;OUNCU. BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER _____ _
I
AN ORDINANCE AMENDING TITLE 15, CHAPTER 7, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 BY THE ADDITlON OF A NEW SECTION 4,
~LA TING TO otrl'DOOR STORAGE IN RESIDENTIAL, BUSINESS AND
INDUSTRIAL ZONED DISTRICTS IN THE CITY OF ENGLEWOOD .
WHEREAS, the storage of"junk" is regulated by 15-7-2 EMC; and
WHEREAS, there is currently no provision regulating storage of other personal
property in the public view in Residential Districts; and
WHEREAS, the City Council, through its police powers, finds that it is necessary
for the health safety and weifare of the citizens of Englewood to regulate the storage of
personal property outdoors ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS:
Section). Title 15, Chapter 7, Englewood Municipal Code 2000, is hereby
amended by the addition of a new Section 4, to read as follows:
15-7-4: Outdoor Storage of Penonal Pmperty·
A. AH Residential Districts.
1 It shall be unlawful for any person to store any persona! property in
the front yard as defined in 16:4-17lcX2) EMC as amended, front
porch, or area visible from the street of any resjdentially zoned
property in the City, except as provided by subsection 3 of this
section .
~ Personal property is defined as items such as, but not limited to,
camper tops household appliances. household fumjturc household
fixtures, building materials, landscape materials and machinery .
~ The following exceptions shall not violate this provision :
!! PennanenJ!y installed facilities .
~ Bicycles and sjmjlv vehicles not powered by a motor ,
-1-
t ,
• •
-.. ·•
•
0
~ Goods offered in a non-commercial yard sale may be stored for a
period not to exceed forty-eight (48} hours
~ Lawn furniture. including. but not limited to tables chairs,
umbreHas and benches commonly associated with garden/Jawn
furniture .
~ Furniture and other household goods. associated with moving into
or out of any residential structure. may be stored for a period .DO!
to exceed seven m days .
t Landscaping materials to be instaHed on the same IotCs} that they
are stored upon may be stored for a period not to exceed fifteen
()5} days .
St Fencing materials to be used for the construction of fences on the
same lot(s} that they are stored upon may be stored for a period
not to e11ceed thirty 00} days .
lb Building materials to be used for construction of structures or
facj)jties on the same lot<s} that they are stored upon may be
stored for a period not to exceed ninety <90} days .
~-Responsible Party . The owner of the persona) property as wen as the
occupant and owner of the property where such personal property is
stored shaH be responsible for the maintenance of such property in
compliance with this Chapter .
Sectjon 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 it application to
other persons or circumstances .
Section 4. Inconsistent Ordinances . All other Ordinances or ponions thereof
incon sis tent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict .
-2 -
'
...
-·
o .. ""
• it • •
Section S. Effect of repeal or modification, The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or 'criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions
for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions .
Section 6. ~ The Penalty Provision of Section l-4-l EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the l" day of March, 2004.
Published as a Bill for an Ordinance on the 5th day of March, 2004.
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 Orninance, introduced, read
in full, and passed on first reading on the 1st day of March, 2004.
Loucrishia A. Ellis
-3-
t
• •
--
Date
March 1, 2004
·O
COUNCIL COMMUNICATION
Agenda Item
11 a iii
Subject
Ordinance amending Title 11, Chapter 1,
of the Englewood Municipal Code to
address the use of gopeds and motorized
scooters in the public right-of-way.
INITIATED BY I STAFF SOURCE
Department of Public Works Ken Ross Director of Public Works
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
There has been no previous official City Council action on this issue.
RECOMMENDED ACTION
The Public Works Department recommends that Cit)' Council approve an ordinance to amend Title 11,
Chapter 1 of the Englewood Municipal Code to address the use of gopeds and motorized scooters in the
public right-of-way.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently these types of vehicles fall into the category of toy vehicles under the Model Traffic Code. As a
result they are prohibited to be used on public highways and streets, and can only be used on private
property or on public sidewalks.
These vehicles are capable of traveling at speeds close to 30 mph. The majority of public sidewalks in
Englewood are only 3 feet wide. The Public Works Department discussed this iss11e with the Englewood
Transportation Advisory Committee, and ETAC concurred with Public Works that a 3-foot wide sidewalk,
designed to be used by pedestrians, with parked cars on one side is not suitable location for these vehicles.
The City of Englewood could prohibit the use of these vehicles in the public right-of-way as has been done
in Douglas County, Thornton, and Westminster. But the use of gopeds and motorized scooters has
increased in popularity in the past five years and responsible use of gopeds and motorized scooters can be
alternate mode of transportation for people in our community. The operational characteristics are very
sim ilar to motorized bicycles which are 'allowed to be operated in public roads and streets. Therefore the
Public Works Department recommends that these vehicles be permitted on public streets as has been done
in Lafayette and Fort Collins, with certain provisions and restrictions:
1. That operators of these vehicles shall be subject to all duties and penalties applicable to drivers of
vehicles under the Englewood Municipal Code and the Model Traffic Code as amended.
2. No person sha ll operate a goped or motorized scooter on a street that has a posted speed limit
over thirty miles per hour.
3. All operators of these vehicles that do not have a valid drivers license, must wear a protective
helm et, and the helmet shall be secured in a safe manner, and the helmet shall meet the minimum
standards of testing and safety of the bicycle industry.
FINANCIAL IMPACT
No financia l impact has been identified .
LIST OF ATTACHMENTS
Proposed Ordinance
. .. ..
-·•
• • 0
ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
ABILLFOR
~BB.LN0.12
IN'M>t>UCED BY COUNCIL
MEMBER ------
AN ORDINANCE AMENDING TITLE I l, CHAPTER. l, SECI10N 1, SUBSECTION
B, WI1ll nm INSERTION OF A NEW PART 4 AND PART 6, AND WITH THE
ADDmON OF A NEW SUBSECTION C TO Tin.E 11, CHAPTBll l, SECTION l,
UNDER DEFINITIONS PERTAINING TO GOPEDS/MOTORIZED SCOOTERS OF
THE ENGLEWOOD MUNICIPAL CODB 2000.
WHEREAS, the use of gopeds/motorized scooters has increased in popularity for
both recreation and commuting; and
WHEREAS, these vehicles were not included in the l 99S Model Traffic Code as
adopted by the City of Englewood; and
WHEREAS, there is a need to categorize these vehicles so that the public is aware of
the traffic rules which apply to them; and
WHEREAS, these gopeds/motorized scooters are similar in power, speed, and use to
motorized bicycles so that the rules for both should be the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section J. Title 11, Chapter l, Section I, Subsection 8, of the Englewood
Municipal Code 2000 is hereby amended by the insertion of a new Part 4, in numerical
order and renumbering of the remainder, which amends Section 109 of the Model
Traffic Code l 99S . This new Part 4 shall read as follows :
CHAPTER 1
TRAFFIC CODE
11-1-1: ADOPTION OF THE CODE.
e. =4. Part L Section 102. Motorized bicycles a sopeds{motoriu;d scooters. animals,
skis, skates. toy vehicles and an-terrain recreational v~hicJes on highways.
Every person riding a motorized bicycle or a goped(motorized scooter
upon a roadway where motorized bicycle IPfl gooed/motorized scooter
travel is pcnnitted shall be granted all of the rights fD4 shall be subject to
aJJ of the duties and penalties applicable to Jhs dtjyer or t vehicle H act
forth in this Code, except thos provi•ipm or this code tbaa by tbtjr very
nature. can have no application Said ridqs gn abp comply with pcial
rules set forth io this Section and in fNt I Sp;tiqp 220 0 Xbl pl O> Cs>
and. when using streets and highways within ipcomoratpd cities pd towns,
-1-
'
... ..
• •
-.,
(J)
••
• •
!ating the operation of motorized 1 1 rdjnances regu A"l A 111 shall be subiect tooca o JOYided in section rn · d scooters as O t bicycles or gopeds/motonze . .. . ed in any of the driving rules se d "vehicle 1s us C.R.S. Whenever the woL r bi to motorized bicycle or .
forth in this article that W:C app ,ca e shall include motorized bicycles . ed scooter nders, such term goped/motonz
or gopeds/motorized scooters.
. . torized bicycle shall not ride other than upon A person admg a mo lar seat attached thereto. or astride a permanent and regu
. ed scooter except on its A person shall not ride a goped/motonz
platform.
hall be used to carry . oped/motorized scooter s . No motorized bicycle or g be for which it is designed and · than the num r more persons at one tune
wipped.
· d scooter • . zed bicycle. goped/motonze . No person riding upon any moton hicle shal! attach the same or hm1Self coaster, rollerskates, sled, or toy ye
or herself to any vehicle upon a roadway. .
· ed scooter . · zed bicycle or goped/motonz Every person opcrat1ng a moton th .ght side of the roadway as a11 ·d close to J a
upon a roadway sh DJ:
11
. 8 standing vehicle or one . . d e when passmg practicable, exercmngu~ car_
d. ·n the same duect1on. procee mg 1
oeds/motorized scooters upon 1 rized b · cvcles or go f Persons riding moto1 ab t except on lanes or parts o t t ride more than two reas
roadway shal ~
0
th elusive use of bicycles. roadways set aside for e ex
·th peed . zed scooter on a street w1 a s No person shall operate a gopedlmotoa
hm1t over 1 . . th 'rty qm miles per hour.
. . d bicycle. motorized bicycle and F the sake of umfonmty an th State the Department of or fi ty throughout e • oped/motorized scooter sa c t f Transportation shall g ' 'th the Departmcn o ·
Revenue iu cooperat1~n w1 ocal jurisdictions for distribution !o
prepare and make av!"lable to ~motorized scooter tidea therem a
bicycle motorized bicycle and . . and illustrating the rules of the road
I · exnlammg · bl t digest of State Rcgu ations trol devices that arc applJCL co
. ts and traffic con · ed equipment rcaui~. • 1 motorized bicycles wi;;:r: h · dcrs and the1r b1cyc es. th . di · · sue a . . may supplement 11 1r Local autbonues sc ooters .
-2-
'
..
• .
t • •
••
• •
. dditional regulations of a local nature descnbmg any a . . . · that are appHcable
within their respective iunsd1ct1ons .
highway shall ride or lead . · ls on or along any . m Persons riding or leadmg ~una id highway facing approachm~ tra c.
such animals on the left side of !ving herds of animals along highways. This shall not apply to persons
. or streets for travelmg on s , · leis toboggans
No person shall use the h1~~ay~vices. It is unlawful for any person to
coasting sleds. skates, _or sundar led or ski course for the purpose of
use any roadway of this State _as a s . It is also unlawful for any person
· ·mdar dey1ces. h. J r asting on sleds, skis, or s, f any coaster, toy ve ,c e o co .d . in or by means O .
upon roller skates or rung except while crossing a highway m a
. ·tar to go on any roadway hall be granted all of the um, · such person s .
crosswalk, and when 5~ crossmg J duties applicable to pedestn~
. ghts and shall be sub1cct to all of th br c way which is set aside by o ot apply to any pu 1 This Subsection <IO} docs n d hich is adequately roped off or proper authority as a play street an w
othcrw1sc · marked for such purpose.
. animal or driving any animal-drawn Every person riding or lcadin!::: be granted all of the rights and sh~l be
conveyance upon a roadway . th driver of a vehicle by this
d · apphcablc to c 1urc can
svcc . . Jla of this Code w ic b. t to all of the JJtics h' h by their very na Code, except those prov1S10
have no application
·1s have been k trails. or other tw 'table bike paths, horsebac ~ led treets and highways. Where su, . ay of hcav,ty travc a . .
tablishcd on the nght-of-w . b. t to the prov1s1ons of es rtaUon may. 5'LJCC . · · d the Department of Iranspo ~ or order entered m 1ts mmutes an
Section 43-2-135 C.R.S .. by ~lu~c bike paths, horseback trails, ~r _other
local authorities may, where su1tab ·ght-f-way or parallel to it WJthm four
hr bed on the a O d trails have been estL 15 . y of heavily traveled streets AIL .
hundred fifty feet ~f the "t:Of-~~ited any bicycle, animal rider, ~u~al
highways upon which shall prof kiod f nonmotorizcd traffic wh1ch "
the class o O f traffic drawn conveyance, or . onnal and safe movement
O
•
Ii d to be incompatible with the n t of Transportation of local oun · tion the pepartmen f
and upon such a detcrmma . cial signs giving notice th~~ •
aut or lled access h ity shall erect appropnatc offi highways the provmons of
except that with respect to contro lanply , When such official signs vc
50 Section 42:4-1010<3}, c .R:s .. shal f the instructions contained thereon . crccte . no d person shall violate any o
-3-
'
,,
• •
·•
• •
The pNent of any child or guardian of any ward sbaU not authorize or
knowingly pennit any cbjJd or ward to violate any provision of this
Section.
Section 2 . Title 11, Chapter l, Section I, Subsection 8, of the Englewood Municipal
Code 2000, is hereby amended by the insertion of a new Part 6 in numerical order and the
renumbering of the remainder, which amends Section 220 of the Model Traffic Code
1995 . This new Part 6 shall read as follows:
8. ~ The reauirements of Part 2. Section 220. of the Model Traffic Code 1995,
titled "Motorized bicycles -motor-driven cycles -light equipment -department control
use and operations" shall apply to gopcds/motorized scooters as defined herein .
Section 3. Title 11, Chapter 1, Section 1, of the Englewood Municipal Code 2000,
is hereby amended by the insertion of a new Subsection C, which adds a new Subsection
(42)(c) to Article II Section 102, of the Model Traffic Code 199S. This new
Subsection C shall read as follows:
~-Article IL Section 102(42}<c} • Definitions .
"Goped/motorized scooter" means a motorized vehicle:
ill Having two wheels;
ill Having a cylinder capacity not exceeding so c c. in a vehicle not
powered by electricity or has a power output not exccgling 1,000
watts in a vehicle powered by electricity:
Q,l Weighing not more than one hundred pounds empty weight;
ill Having a maximum speed of thirty-five (35} miles per hour on a flat
~;
ill Having a low standing platform not exceeding twelve inches <l2"}
above the ground .
lg,) Havi ng handlebars .
Section 4 . Safety Clauses . The City Council hereby finds, determines, and
dec lares that this Ordinance is promulgated under the general police power of the City
o f 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
obj ec t sought to be obtained.
Sectio n S. Severabj\jty . If any clause, sentence, paragraph, or part of this
Ord inance or the application thereof to any person or circumstances shall for any
-4-
'
-·
• •
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
Section 6. Inconsjstcnt Ordjpances. 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 7. 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 purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
Section 8 . ..fenlltx. 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 1st day of March, 2004.
Published as a Bill for an Ordinance on the 5th day of March, 2004.
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 1st day of March, 2004.
Loucrishia A. Ellis
-5-
... t
-·
• •
0
0
COUNCIL COMMUNICATION
Date Agenda Item
March 1, 2004 11 a iv
INITIATED BY
Deoartment of Public Works
Subject
Ordinance amending Tide 11, Chapter
1, of the Englewood Municipal Code
to require operators of gopeds and
motorized scooters in the public right-
of-way wear helmets if they do not
oossess a valid drivers license.
I STAFF SOURCE
Ken Ross, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At its March 1, 2004 meeting, City Council is considering Ordinance No. 12, which will modify the
Englewood Municipal Code to allow the use of gopeds and motorized scooters in the public right-of-way .
RECOMMENDED ACTION
The Public Works Department recommends that City Council approve an ordinance to amend Title 11,
Chapter 1 of the Englewood Municipal Code to require operators of gopeds and motorized scooters in the
public right-of-way wear helmets if they do not possess a valid drivers license.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Gopeds and motorized scooters are not designed to provide any protection for operators of these vehicles.
When the City passed the ordinance to allow these vehicles to be used on public streets, there was no age
restriction and there was no requirement for drivers tests to make sure that operators have a good
understanding of the rules of the road. The City has allowed the use of gopeds and motorized scooters by
minors believing that the parents and guardians will discuss and assure themselves that their children have a
good understanding of safe operator behavior and the rules and regulations that operators must obey in
order to safely occupy a portion of roadway that is designed for cars, busses, and trucks.
This ordinance mandates that operators that do not have a valid drivers license should have some additional
protection that is provided by wearing a bicycle helmet.
As Mark Twain once said -uGood judgment comes from experience, and where does experience come
from? Experience comes from bad judgment.• This ordinance attempts to provide some margin of safety for
younger operators to gain "experience•.
FINANCIAL IMPACT
o financial impact has been identified.
LIST OF ATTACHMENTS
The Proposed Ordinance
'
.
t • •
ORDINANCE NO .
SERIES OF 2004
·•
• •
BY AUTHORITY
ABILL FOil
0 ,
COUNCIL BILL NO. 13'
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AMENDING TITLE 11, CHAPTER I, SECTION 1, SUBSECTION
B OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE INSERTION OF A
NEW PARAGRAPH 7, WHICH ADDS A NEW SUBSECTION (d) TO SECTION
220(1), OF THE MODEL TRAFFIC CODE 199S, PERTAINING TO HELMETS
\ REQUIRED FOR PERSONS WITHOUT A DRIVERS LICENSE WHILE RIDING
GOPEDS/MOTORIZED SCOOTERS.
WHEREAS, the City Council of the City of Englewood, Colorado has a proposed
Council Bill 12, Series of 2004 which would modify the Englewood Municipal Code to
allow the use of gopeds/motorized scooters in the public right-of-way; and
WHEREAS, gopeds/motorized scooters are not designed to provide any protection
for the operators of these vehicles; and
WHEREAS, operators of gopeds/motorized scooters are not required to have
driver's licenses but are required to comply with the rules of the road; and
I
WHEREAS, operators that do not have a valid driver's license should have some
additional protection that is provided by wearing a helmet when these gopeds/motorized
scooters are used in the public right-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section 1. Title 11 , Chapter I, Section I , Subsection B, of the Englewood Municipal
Code 2000, is hereby amended by the insertion of a -iew Paragraph 7, which adds a new
Subsection (d) to Section 220 (\), of the Model Traffic Code 1995 . This new Paragraph
7 shall be placed in numerical order and the remainder shall be renumbered . The new
Subsection shall read as follows :
B. J: The requirements of Part 2. Section 220 OXd}. of the Model Traffic Code
I 995. titled. "Motorized bicycles -motor-driven cycles -light equipment -department
control -use and operations" additional equipment reaujred for operators of
goped/motorized scooter. Any person operating a gopcd/motorized scooter on public
streets without a drivers license is required to wear a securely fastened heimet designed for
use under thi s Section .
-1-
'
,,
• •
•
Sectjon 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. Severabjljty. 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 it application to
other persons or circumstances.
Section 4. Inconsistent Ordinances. 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.
Sectjon 5. Effect of repeal or modjficatjon 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 purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
Sectjon 6. ~ 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 1st day of March, 2004 .
Published as a Bill for an Ordinance on the 5th day of March, 2004 .
Douglas Garrett, Mayor
ATTE ST:
Loucri shia A. Elli s, City Clerk
I, Loucrishia A. Ellis , City Clerk of the City of EnaJewood, Colorado, hereby certify
that th e above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in
full , an d passed on first reading on the 1st day of March, 2004 .
Loucrisbia A. Ellis
-2-
"'"' ..
I •
t
•
0
·•
• •
BY AUTHORITY
SERIES OF 2004
0
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN EMERGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THE '
INTERGOV~t.ffiNTAL AGREEMENT BY AND BETWEEN URBAN DRAINAGE
~I>IS'MUCT, ,-atyo,......... ,
AND CENTENNIAL WATER AND SANITATION DISTRICT FOR DESIGN AND
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
MARCY GULCH AT ENGLEWOOD'S CITY DITCH.
WHEREAS, a Master Plan of Drainage for Marcy Gulch was originally prepared in
1985 for the Marcy Gulch drainage basin in Highlands Ranch; and
WHEREAS, Urban Drainage, Centennial Water and Sanitation District and the
City of Englewood now wish to proceed with design and construction of the drainage
and flood control improvements for the area; and
WHEREAS, erosion has exposed the pipe and the coming spring runoff rains could
cause Englewood's existing siphon structure to fail which would prevent water from
being delivered to either Highlands Ranch or the Allen Filter Plant; and
WHEREAS, Englewood owns the spillway necessary to protect the pipe from
Marcy Gulch waters; and
WHEREAS, Urban Drainage and Flood Control is proposing to construct a new
spillway and replace the existing City Ditch pipe with 48" reinforced concrete pipe
which will allow the City Ditch to carry up to 59 CFS of raw water; and
WHEREAS, the design and costs for the design were approved by the passage of
Englewood Ordinance No . 82, Series of 2003; and
WHEREAS, this Amendment to the Agreement will authorize the construction
costs for the project; and
WHEREAS, an emergency exists due to the erosion has exposed the pipe and the
coming spring runoff could cause Englewood's existing siphon structure to fail causing
water could not be delivered to Highlands Ranch or the Englewood Allen Filter Plant;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT :
Section I . The Englewood City Council hereby authorizes an Amendment to the
Agreement by and between we Urban Drainage and Flood Control District, the City
of Englewood, Colorado, and Centennial Water and Sanitation District for design and
construction of drainage and flood control improvements for Marcy Gulch at
Englewood's City Ditch, attached hereto as Exhibit A .
-1-
.,.
'
..
,•
• •
Section 2. An emergency is hereby declared requiring immediate passage of this
Ordinance by reason of the erosion has exposed the pipe and the coming spring
runoff could cause Englewood's existing siphon structure to fail causing water could
not be delivered to Highlands Ranch or the Englewood Allen Filter Plant.
Section 3. The Mayor and City Clerk are hereby authorized to sign and attest said
Amendment to the Intergovernmental Agreement for and on behalf of the City of
Englewood.
Introduced, read in full, and passed on first reading as an emergency ordinance on the
17th day of February, 2004.
Published as a Bill for an Emergency Ordinance OD the 20th day of February, 2004 .
Read by title as an Emergency Ordinance and passed OD final reading on the I st
day of March, 2004.
Published by title as Emergency Ordinance No. _, Series of 2004, on the 5th
day of March, 2004 .
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 the Emergency Ordi,nance
passed on final reading and published by title as Ordinance No. _, Series of 2004.
Loucrishia A. Ellis
-2-
AMENDMENT TO
AGREEMENT REGARDING
DESIGN AND CONSTRUcnON
OF DRAINAGE AND FLOOD CONTROL IMPltOVEMENTS FOR
MARCY GULCH AT ENGLEWOOD DITCH
Agreement No. 03-10.09A
TIUS AGREEMENT, made this day of 2004, by aad
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (beniDafter called "DISTRICT"),
CITY OF ENGLEWOOD (bcmDafter called "CITY") aad CENTENNIAL WATER AND SANITATION
DISTRICT (hereinafter called "WATER DISTRICT") aad collectively known as "PARTIES";
WITNESSETH :
WHEREAS, PARTIES have emaed into "Agnemcm Repn1ina Desip aad COllllrUCQOG of
Drainage and Flood Control lmprovCIDCDIS for Marcy Gllicb" (Apeemau No . 03-10 .09) dlled Jmmary
28,2004:and
WHEREAS. PARTIES now desire to colllSUUCt improvamma; aad
WHEREAS. PARTIES desire to increue the level of ftmdiDs by $296,000: and
WHEREAS . DISTRICT's Board ol'Dircctors has audlorized additional DISTRICT tiaancaal
panicipaiion for PROJECT (Resolu1ion No. 6, Series of:?004); JDd
WHEREAS. the Ciiy Council of CITY. the Board of Directors of WATER. DISTRICT aad lbe
Board ofDircc1ors ofDISTRICT have audlorized. by approprialion or l'elOhatioD. all of PROJECT COIII
oftbe ~pecrive PARTIES .
NOW. THEREFORE. in consideration of the mutual promises concaincd herein, PARTIES hereto
agree as follows :
l. P:iragr.iph 4 . PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows :
4 . PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree Iha! for the purposes of this AgreelDClll PROJECT co0 shall coosisl
of and be limited to the following :
I. Final design services:
2. Construction of improvements:
3. Continaencics murually aareeat,le to PARTIES .
B. It is understood !hat PROJECT COSIS as dcftned above are DOI to cxc:ecd $318,"80
withoul :imcndmcnt to this ApeemcaL
• X ...
I • I
T
A
..
t
• •
0
·•
• • 0
PROJECT costs for tbe various elements of the eff'ort are estimated as follows:
ITEM AMOUNT
l. Final Design S 22,480
2. Construction 271,000
3. Contingency
Grand Total
25.000
$318,.iBO
This breakdown of casts is for estimating purposes only. Costs may vary be&ween tbe
various elements of the eff'ort without amendment to Ibis Agreanem provided tbe
tolal expenditures do not exceed tbe maximum contribution by all PARTIES plus
accrued interesL
C. Based on total PROJECT cOSts, tbe maximum percent and dollar comribwion by each
pany shall be:
Pm:enrage Maximum Previously
S!Jm C11!1!i:il!!lli12n Con![ibured
DISTRICT 36 .1% SI IS.000 s -0-
CITY 22 .6% 12.oso 12.550
WATER DISTRICT 41.3% 131A30 9.930
TOTAL 100.00% S318A80 S22A80
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced :IS follows :
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resollllion No . 11, Series of 1973 and Resolution No . 49,
Series of 1977), the cost sharing shall be after subtracting state. federal. or ocher sources of
funding from third parties. However, monies CITY and WATER DISTRICT may receive
from federal funds. the Federal Revenue Sharing Program. tbe Federal Community
Development Program. or such similar discretionary programs :IS 3P1Jroved by DISTRICTs
Board of Directors may be considered as and applied toward CITY and WATER
DISTRICTS share of improvement COSIS .
Payment ofc:ach party's full share (CITY· S72,0SO; WATER DISTRICT· S13IA30
DlSTRICT • SL IS .000) shall be made to DISTRICT subseq!;M!Dt to execution of this
Agreement and within 30 days of request for payment by DISTRICT. The payments by
PARTIES shall be held by DISTRICT in a special fund to pay for incmncnts of PROJECT
as authorized by PARTIES . and as <kfined herein . DISTRICT shall provide a periodic
accounting of PROJECT funds as well as a periodic notification to CITY and WATER
DISTRICT of any unpaid obligations . Any interest e:uned by the monies contributed by
PARTIES shall be accrued to die special fund estlblished by DISTRICT tbr PROJECT and
sw:h interest shall be used only for PROJECT upon approval by the contracting officers
(Paragraph 13 ).
'
. ., ..
• •
Widlinoaeywof 11~aaofPllOJEC'Tif._ .. .._ ...............
remaiaml wbicla .. llllt C • j ....... OI' ...... -=II PlftY 111111 raft a an
ofmcbmaaill, wllicb...._lllillllll..,...• ... •Clliplll--
3. AJ1 odls tema aad : C tl!iD111ofA..-No.03-10.0911111 ._. ia 1111 ~ md llfkt.
WHEREFORE, PAll'Il!S a.. bave cawd dlil iwww • Ill IUIWd by pnlpllly
audlocmd ......... o1111e c1111 a yw 11n1 *" wrillm.
(SEAL)
AlTl!ST:
(SEAL)
ATTEST :
Loucrisilia A. Ellis, City Clerk
(SEAL)
ATTEST:
l
UIBAN DIA1NAOE AND
PLOOD CONTROL DISTIJCT
By, _________ ___
Dae, __________ _
CITY OF ENGLEWOOD
ay, ___ ...---------Douglas Garrett
Tide Ma~or
o. __________ _
CENTENN1A1. WA TEI. AND
SA."'1' A TION DISTRICT
By __________ _
TIiie, __________ _
Dae, __________ _
BY AUTHORITY
0
COUNCIL BILL NO . 9
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDiNANCE REl'EALING TITLE 4, CHAPTER 6, "ADMISSIONS TAX• Qf
' THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, the City of Englewood established an Admissions Tax with the passage
of Ordinance No. 51 , Series of 1976 ; and
WHEREAS, in 2002 the Alliance for Commerce in Englewood (ACE) recommended
elimination of the three percent (3'Ye) Admissions Tax on those businesses that charge
admission punuant to Ordinance No . 51, 1976; and
WHEREAS , ACE and the City Council suppon the development of a diversified
business mix, inclucbn11 the addition of businesses that charge admission for
entertainment and ocher public events that will expand commercial activities in
Englewood ; and
WHEREAS. a mon: diversified business mix will enhance the current revenue stream
and may create opportunities for divenified revenues; and
WHEREAS. the Admissions Tax presents a disincentive for those highly sought
after businesses : and
WHEREAS . ,n the tight metro market, regulatory and business climate issues such as
taxes can be :a determining factor in site selection; and
WHEREAS , the City Council of the City of Englewood established a Temporary
Adm, ions Tax Reduction to 0% for two years with the adoption of Ordinance I 0,
2002 . and
WHEREAS, Ordinance I 0, 2002 required a review of the temporary reduction to
de1cnn1nc 1f the tax should be reestablished or eliminated; and
WH EREAS , the City Council has fowid the temporary reduction to be successful;
WHEREAS , the City Council now wishes to repeal the Admissions Tax;
'OW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec uon 1. The City Cowicil of the City of Englewood, Colorado hereby repeals
TIile 4, Chapter 6, "Admissions Tax", of the Englewood Municipal Code 2000, in its
cnllrcty and reserves Chapter 6 for future legislation.
-1-
·~ . ..
. ;-·
•
..
..
'
• •
Section 2. Safety C)auses. 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 Scycrabjljty. 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 it application to
other persons or circumstances.
Section 4. lnconsjstent Ordjnanccs 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.
Sectjon S. Effect of repeal or modjficatjon 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 purpose
of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, proceedings, or prosecutions.
Introduced, read in full, and passed on first reading on the 17th day of February, 2004.
Published as a Bill for an Ordinance on the 20th day of February, 2004.
Read by title and passed on final reading on the 1st day of March, 2004 .
Published by title as Ordinance No. _, Series of 2004, on the Sth day of March,
2004 .
ATTEST : Douglas Garrett , Mayor
Loucrishia A. Ellis, City Clerk
-2-
'
• •
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, 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 2004.
Loucrishia A. Ellis
-3-
0
COUNCIL COMMUNICATION
Date Agenda Item Subject
March 1, 2004 l/E WWTP Over-the-Road Tractor lease
INITIATED BY STAFF SOURCE
l/E WWTP Supervisory Committee Stu Fonda, Utilities Director
Jim Tallent Operations Division Mana11:er
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Over-the-road tractors are used to transport wastewater biosolids to application sites in eastern Arapahoe
County. In 1990, Council approved a 5 year lease for Over-the-Road tractors from Ryder Truck Rental, Inc .
In 1996, the lease was extended for another 7 years and the original vehicles were replaced with new units.
This lease expired in August 2003 and was extended for 1 year.
RECOMMENDED ACTION
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
leasing Over-the-Road tractors, with full service maintenance agreements, has been the practice of the l/E
WWTP for many years. The reason for this is that the leasing company is responsible to maintain the
equipment and provide fuel access for large vehicles. Bid specifications were developed to replace the
existing Over-the-Road tractors, whose lease expires this summer. Bids were solicited, resulting in five
responses. Technical evaluations of the bids were completed and all equipment proposed is technically
acceptable. Maintenance aspects of the bid were also reviewed and low bid was not deemed acceptable
for the following reasons:
• low bid does not have on-site fuel/attendant inspection of vehicle with each fuel stop. This is
important as it provides a means to identify potential mechanical issues at the service location.
Fuel is obtained from a fuel distributor network and vehicle inspections are not provided.
• low bid proposed mobile service/washing. Although this may be an advantage, it depends on
garage availability (weather may be an issue at times) and washing will be difficult as garages are
not set up for this purpose (outside washing not possible).
Recommendation is made to award the lease to AIM Nationalease, the next low bid.
FINANCIAL IMPACT
This expense is c urrently in the approved operating budget and the Cities of Englewood and Littleton will
share the cost of this expenditure 50/50.
LIST OF ATTACHMENTS
1. Bid tabulation Sheet
2. Technical evaluation
3. Award recommendation
4 . E-mail response to low bidder
5. Negotiated lease including Schedule A and Schedule B
'
.-.. ..
• •
0
•
AIM NATIONALEASE
Vehicle Service Lease
0 .
This LEASE, made this day of , 20_____, between
AIM LEASING COMPANY, {doing business as AIM NATIONALEASE) an OHIO CORPORATION, with its principal place
of business at 1500 TRUMBULL RD ., GIRARD, OHIO 44420 (hereinafter called AIM) and---------
CITY OF ENGLEWOOD 2900 South Platte River Drive. Englewood. CO 80110
(hereinafter called the LESSEE).
WITNESSETH:
1. EQUIPMENT: AIM hereby leases to the LESSEE the vehicles (hereinafter called LEASED VEHICLES) described
in Schedules A to be attached hereto and made a part hereof from time to time. It is understood and agreed that
each Schedule A, and each vehicle on the Schedule A, attached hereto from time to time shall be deemed a
separate LEASE. subject to all provisions shown herein.
2 . LEASE CHARGES: LEASE charges are to be calculated from the fixed charges and the mfteage rates as set forth
on Schedule A adjusted semi-annually per paragraph 25, and made a part hereof from time to time. Any increases
in License, Personal Property Tax, Registration Fees, or Federal Highway Use Tax, applicable to any LEASED
VEHICLE(S), will be passed on to the LESSEE and paid by LESSEE immediately by the actual dollar amount d
the said increase.
3 . PAYMENT:
A . The LESSEE hereby agrees to pay the fixed charges for each vehicle as shown on Schedule(s) A in
advance. MUeage and other charges are to be invoiced by AIM and shall be paid by the LESSEE within
30 days from the date of the .invoice from AIM .
B . A finance charge of 1 1/2% per month wiU be assessed by AIM against the LESSEE for all monies owed
greater than 30 days.
c . Payment will be made. by the LESSEE to AIM at: 1500 Trumbull Rd., Girard, Ohio 44420, or at such other
place that AIM may designate.
4 . DETERMINATION OF MILEAGE: Mileages shall be determined by means of a hubometer attached to each
LEASED VEH ICLE(S), and will be based on~ miles that each said vehicle(s) is operated . In the event that the
mileage recording device fails to function proper1y, the mileage shall be determined by using the odometer mileage
1
'
• •
-
or some other mutually agreeable method with reasonable accuracy . Both odometer and hubometer readings plus
reefer hours when ~ppropriate will be reported to AIM as requested .
5.. TERM : The term of the LEASE for each LEASED VEHICLE(S) shall begin on the date said vehicle(s) is placed
in service by the LESSEE or 72 hours after the time AIM notifies LESSEE that said vehide(s) is available for
del ivery, whichever occurs first, said date hereinafter referred to as the "in-service-date" as shown on Schedule
A, and shall run until the ending date as shown or Schedule A, or until earlier terminated as provided in this
agreement.
6 . BOOK VALUE: The book value is determined by subtracting the "accumulated depreciation" from the "fair market
value• as shown on Schedule A of the Lease. The "accumulated depreciation• is determined by multiplying the
number of months since the "in-service-date· times the monthly depreciation allowance . The "monthly depreciation
allowance" is determined by dividing the "net cosr by a term 12 months greater than the LEASE term . The "net
cost" is the fair market value as shown on the Schedule A , less a 26% residual value . For the purposes of
calculating book value, the 1st thru the 15th day of the month shall be considered the 1st day of that month, the
16th day through the last day of the month shall be considered the first day of the following month .
7. CANCELLATION:
A . At any time either AIM or the LESSEE may cancel this LEASE as to any or all vehicles for any reason ,
upon written notice to the other party, subject to the provision cl the paragraphs B and C h11rein .
B.
C.
If the LESSEE cancels this I_EASE as to any°' aR vehicles, AIM may, at AIM'S option, require the LESSEE
to purchase f°' cash the vehicle(s) so canceled at the book value as determined per paragraph 6, no later
than the cancellation date. The LESSEE will also pay to AIM an amount equal to the unexpired
Registration Fee, Personal Property Tax, Federal Highway Use Tax, and any unearned interest already
paid by AIM . The cancellation date shall be on the last working day of the month, three months after
receipt by AIM of written notice of cancellation .
If AI M cancels this LEASE, the cancellation date shall be on the last working day of the month , three
months after the month in which written notice of cancellation is received by the LESSEE. If AIM cancels
this LEASE. th e L ESSEE will have the option, but not the obligation, to purchase for cash the vehicle(s)
so canceled , at the book v alue as determined per paragraph 6 , no later than the cancellation date.
8 . PAYMENT OF FINES : It is u nderstood and agreed th at AIM shall in no way be obligated to pay any fines°'
penalties of an y nature that may be assessed against the LESSEE or any employee cl the LESSEE, for any reason
2
t
.~ ..
• •
---
9 .
10 .
whatsoever, unless such fines occur as a direct result of AIM'S negligence.
INDEMNITY: Not Applicable
INSURANCE: LESSEE shall keep all LEASED VEHICLE(S) insured for physical damage against' all loss or
damage from every cause whatsoever for not less than the book value of said LEASED VEHICLE(S) and shall
carry automobile liability insurance, both bodily injury and property damage; covering all vehicles, and LESSEE
shall be liable for all deductible portions of all required insurance. The limits of the automobile liability insurance
shall be at the minimum of $1 ,000,000 combined single limits. All said insurance shall be in the joint names of AIM
and the LESSEE, and include the Additional Insured Lessor endorsement LESSEE shall pay the premiums thereof
and delivery to AIM the policies of insurance or duplicates thereof. Each insurer shall agree, by endorsement upon
the policies issued by it or by independent instrument furnished to AIM, that it will give AIM 30 days prior written
notice of the effective date of any alteration or cancetlatlon of the policy. The proceeds of such insurance. payable
as a result of loss or of damage to the LEASED VEHICLE($) shall be applied towards the replacement, restoration,
or repairs of said LEASED VEHICLE(S) which may be lost. stolen, destroyed, or damaged.
11 . LOSS OR DAMAGE:
A . The LESSEE hereby assumes and shall bear the risk of loss or damage to LEASED VEHICLE($) from any
cause, except for the negligence of AIM .
B . In the event of damage of any kind whatsoever to any LEASED VEHICLE(S), AIM shall, at the LESSEE'S
expense, place the same in 90<?ci repair, condition, and working order .
C . If a LEASED VEHICLE(S) is lost or damaged beyond repair, for whatever reason, the damaged or lost
vehicie(s) sha,11 be deleted and canceled from the LEASE and the LESSEE shall immediately pay AIM an
amount as determined by paragraph 6. Upon payment to AIM by the LESSEE, AIM shall convey the
unencumbered tiUe to said lost or damaged vehicle(s) to the LESSEE.
12. LOCATION, IDENTIFICATION OF LEASED VEHICLES, AND INSPECTION :
Ali LEASED VEHICLES shall be domiciled at the address to which the vehicle(s) are first delivered to the LESSEE,
and shall not be domiciled at any other location without prior written consent of AIM. LESSEE wiU not remove or
alter in antway, any insignia or lettering placed thereon by AIM . If LEASED VEHICLE(S) are redomiciled from the
above location, the LESSEE shall, whenever requested, advise AIM of its exact location. If the LEASED
VEHICLE(S) are domiciled at a different location than to which they were finit delivered , without the consent of AIM,
AIM may at any time enter upon any place whatsoever where LEASED VEHICLE(S) are located and remove said
VEHICLE(S) forthwith, without notice to LESSEE, or if the LEASED VEHICLE(S) are not being made available for
3
'
... . •
• •
0
·•
•
0
maintenance at the agreed upon time or location, AIM may also remove said VEHICLE(S), whereupon LESSEE
shall be in default of this lease.
13. USE, ALTERATION, AND ABUSE :
A. LESSEE shall use LEASED VEHICLE($) solely in the conduct of its business in a careful and proper
manner, and shall not part with possession of or enter into any sub-lease with respect to the LEASED
VEHICLE(S) or assign the LEASE to any other party. AIM shall have the right to assign its interest in this
lease to one or more financing institutions. It is hereby agreed that the rights of the LESSEE are subject
and subordinate to any lien given by AIM to secure the purchase price of the vehicles(s) leased hereby.
Assignment of this LEASE shall not release LESSEE from any of its obligations h81l!Under, and such
assignee shall be entitled to all rights of AIM , free from any defense, setoff or counterdaim by LESSEE.
LESSEE agrees to make all lease payments directly to such assignee, if so notified in writing by assigMe.
B. All equipment, accessories, parts and replacements which are added to or become attached to any
LEASED VEHICLE(S) shall immediately become the property of AIM and shaN be deemed incorporated
into said vehicle(s) unless prior written approval is obtained by the LESSEE from AIM, which approval shall
not unreasonably be withheld. LESSEE has the right to have door decals and logo installed on LEASED
VEHICLE(S).
C . LESSEE shall bear the expense_p!.any repairs or replacement or transportation coats associated with
abuse, improper use or negligence by the LESSEE or any of the LESSEE'S employea or agents. AIM
w~I make the initial decision as to what constitutes abuse, impropw use or negligence, and on the cost of
said repairs necessary because of said abuse, Improper use, at negligence. Said decision will be binding
unless the LESSEE notifies AIM in writing of their objection whereupon a mutually acceplable thi"d pa,1y
will make the final judgement which will be binding on al parties.
14. TITLE OF AIM : TIile of LEASE VEHICLE(S) shall at all times remain in AIM at AIM'S designate. LESSEE shall
at all times keep LEASED VEHICLE(S) free and clear from all levies, attachments, liens, encumbrances, and
charges or other judicial process of any kind whatsoever, and shall give AIM immediate wntten notice thereof.
LESSEE shall at all times remain responsible for VEHICLE($) and the operation of the VEHICLE($) thereof and
any liability arising therefrom. So long as LESSEE is not in default under this LEASE or other AIM leases , it shall
be entitled to quietly possess the vehicle(s) leased hereunder.
15 . COMPLIANCE WITH LAWS, PAYMENT OF TAXES : LESSEE shal complywdh al laws and regulations and shal
promptly pay when duo, all fees , taxes or assessments , except those specdically provided herein to be paid by
4
'
..
·'
,, . • •
(J
AIM , which now oc hereafter may be imposed upon the ownership, possession, leasing, renting, operations, control,
use, maintenance, delivery, and/or return of the LEASED VEHICLE(S), and pay all cost and expenses of every
character in connection t herewith or arising therefrom.
16. DEFAULT: REMEDIES: If (A) the LESSEE shall default in the payment of any charges or in making any other
payment hereunder when due, and the same shall continue for 7 days after written notice thereof; or (B) LESSEE
shall default in the performance of any covenant herein and such default shall continue for 7 days after written
notice thereof to the LESSEE by AIM or (C) LESSEE becomes insolvent or makes an assignment for the benefit
of creditors or (D) LESSEE applies for or consents to the appointment of a receiver, trustee, or liquidator of
LESSEE or of all or a substantial part of the assets of LESSEE, or such a receiver, trustee, or liquidator is
appointed without the consent of LESSEE, or a petition is filed by or against LESSEE under the bankruptcy act,
or any amendment thereto (including, without limitation, a petition for reorganization, arrangement, or extension)
or under any other insolvency law or law providing relief of debtors, or (E) LESSEE faHs to comply with all
provisions of paragraph 10 herein and the same remains uncured after receipt of notice, then, if and to the extent
permitted by applicable law, AIM shall have the right to exercise any one or mored the following remedies:
A . To declare the entire amount of unpaid fixed charges, and/or guaranteed mileage charges, for the balance
of the term of this LEASE due and payable, whereupon the same shall become immediately due and
payable.
B. Without demand or legal process, to enter into premises where LEASED VEHICLE(S) may be found and
take possession of and remove the same whereupon all rights of LESSEE in LEASED VEHICLE(S) shaU
terminate absolutely, and (1) retain LEASED V EHICLE($) and all prior payments made for durges
hereunder and (2) sell LEASED VEHICLE(S) at public or private sale, without notice to LESSEE, the
proceeds of such sale, less the residual value, per paragraph 6, and less the expenses of retaking,
storage, repairing, and reselling, and reasonable attorneys' fees incurred by AIM, to be applied to the
payment of unpaid charges for the balance d the term of the LEASE, and any surplus thereafter remaining
to be paid to LESSEE, or to whomever may be lawfully entitled to receive same, or as a aut of competent
jurisdiction may direct, it betng agreed that the amounts to be retained by AIM under this subsection (b)
shall not be as a penalty but as liquidated damages for the breach hereof and as reasonable return for the
use of the LEASED VEHICLES and for depreciation thereof.
7 . REMEDIES CUMULATIVE: NO WAIVER : All remedies cl AIM hereunder are cumulative, and may, to the emnt
permitted by law, be exerClSed concurrently or separately, and the exercise cl any one remedy shal not be deemed
to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of AIM
s
'
.. ..
• •
·•
• •
to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof, nor shall any single
or partial exercise by AIM of any right or remedy hereunder preclude ~ny other or further exercise thereof or the
exercise of any other right or remedy .
. 18 . SERVICES PERFORMED : AIM agrees to perform all maintenance and service required in a timely manner at
its expense to provide LESSEE with reliable and safe operating vehicles including:
A. Regular Preventive Maintenance and Safety Inspections and Service, including all related parts and
supplies .
B.
c.
D.
Any and all repairs or adjustments including related parts and supplies, except repairs and parts required
because of casualty or accident or improper use of any LEASED VEHICLE(S) by the LESSEE as defined
in paragraph 13 (c).
Road service needed due to normal wear a1 id tear when authorized in advance by AIM.
Towing to AIM Maintenance Facility when necessary because of complete mechanical breakdown due to
normal wear and tear.
E. Tire replacement due to normal wear and tear; tire replacement to be according to applicable regulation
set forth by U .S. Department of Transportation .
F . In the event AIM shall fail to perform service(s) within an agreed upon time after written notice of failure
to perform service(s), LESSEE shall be entiUed to an agreed upon remedy. If a remedy cannot be agreed
upon, a mutually acceptable third party will make the final judgement which will be binding on all parties.
19. OPERATING SUPPLIES FURNISHED BY LESSEE: The LESSEE agrees to supply at its own expense the
following operating supplies:
A . Fuel
B . Any and all items not specifically enumerated to be supplied by AIM.
C. Check and add oil as required .
20 . DRIVER CONTROL:
A . LESSEE shall exercise sound and reasonable judgement in driver selection as ouUined by the U .S .
Department of Transportation .
B . LESSEE shall at its own expense keep records as to the daily mileage and trip times of each driver and
vehicle and shall make these records available to AIM .
C . LESSEE shall be prudent and strict in the enforcement of discipline to insure good driver conduct and shall
demand and require the obedience to all speed and traffic laws .
6
t
... ..
,,
• •
CJ
D . LESSEE w ill instruct drivers to check engine oil and coolant levels daily and add engine oil and coolant
as necessary. ~ecords showing this as being done will be made available to AIM .
E . Drivers will complete a Vehicle Condition Report daily as required by the U .S . Department of
Transportation . These records will be made available to AIM. Any defects in vehicle operation or condition
will be reported lo AIM by telephone immediately.
21 . NOTICES: All notices relating hereto shall be in writing and delivered In person to an officer of the party to which
such notice is being sent or mailed by registered mail to such party at the address specified In the beginning of this
LEASE or to any such other address as may be hereafter specified by like notice by either party to the other.
22. NO WARRANTIES: ENTIRE AGREEMENT: LESSEE agrees that AIM has made no representation or warranty
of any kind , nature, or description, expressed or implied, with respect to LEASED VEHICLE(S). This LEASE
contains the entire agreement between the parties, and cannot be modified except by a written addendum signed
and approved by both parties and attached hereto and made a part hereof.
23. CONFLICT WITH APPLICABLE LAW: If any provision of this LEASE is in conflict with any statute or rule of law
of any state or territory wherein it may be sought to be enforced, then such provision shall be deemed null and void
to the extent that it may conflict therewith, but without invalidating the remaining provlaionl hereof. This LEASE
shall be binding upon AIM and LESSEE and their respective legal representatives and suc:cessors .
24 . INSPECTION OF LEASED VEHICLE(S): It is undentood that the LESSEE has the rigtt to inlpect and examine
LEASED VEHICLE(S) when first delivered to the LESSEE by AIM . The LESSEE shal compare uid vehicle(s) to
the specifications ordered by the LESSEE. If said veh
0
icle or vehicles do not adhere to uld specifications the
LESSEE may reject the subject LEASED VEHICLE(S), at which time AIM must take action wlltin 30 days to make
said vehicle or vehicles adhere to the specifications. If AIM does not deliver a conforming vehicle(s) within 120
days, LESSEE has the right to terminate the LEASE as to that vehicle(s) without further llabillty hereunder. In case
of dispute in this matter, a mutually acceptable third party shall have final judgement.
25. COST ADJUSTMENT: The parties hereto recognize that the rates quoted herein are bued on current cost and
labor conditions , and that the cost of AIM 'S operation may ftuctuate . It is therefont ageed that for each nse or fall
of 1 % or fraction thereof in the U .S . City Average all Items CPIU (1982 . 1984 "' 100), there will be a 1 % ot fraction
thereof ri se of fall in the mileage rate and the refrigeration unit charge . Fot every 1% at fraction thereof rise or fall
in the U .S . City Average all Items CPIU (1982 -1984 = 100), there wdl be a 25% at fraction lher9of nse or fall in
the fi xed rate .
7
'
... ..
• •
26 . SUBSTITUTE VEHICLES: AIM agrees to furnish a substitute vehlcle(s) at no extra charge fOI' any leased
vehicle(s), other than those excepted below, which may be temporarily inoperable because of mechanical failure,
the substitute to be as nearty as practicable the same size and appearance as the leased vehicle(s), except that
no special painting, lettering or other alterations need be made on the substitute vehicle(s). The substitute shall
be delivered lo LESSEE and shall be returned by LESSEE to AIM at AIM'S garage. The subsUtute vehicle(s), while
in the service of LESSEE, shall be subject to all the terms and conditions of this agreement. AIM shall have no
obligation to furnish a substitute vehide(s) if the inoperable leased vehicle(s) is out of service because of damage
resulting from collision or upset, Of' is specialized . Failure of AIM to furnish a substitute vehicle(s) within a
reasonable time. where it is obligated hereunder to do so, shall cause the rental of the inoperable vehicle(s) to
abate thereafter until ii is returned to LESSEE'S service Of' until a substitute is tendered to LESSEE; and the liability
of AIM in the event of any such failure shall be restricted to said liability.
27. STA TE LAW: This contract shall be governed by and construed in accordance with the laws of the State of Ohio.
LESSEE: CITY OF ENGLEWOOD
BY: ____________ _
TITLE : ___________ _ :tt:~
TITLE :PUI~
DATE : ___________ _
WITNESS : _________ _
DATE: 2-2o-o4
WITNESS : # ~. '-
8
t
..
• •
•
PART OF LEASE DATED ------
CITY OF ENGLEWOOD
2900 South Platte River Drive
Englewood, CO 80110
,-Manufacturer's Description (See
Serlal Number Specification•
.,
2005 FrelghlUMI'
CL120MSTTandem
Aale Day Cab Tractor
RFP.03·124 Spec:a. -
2005 Frelghlllnw
CL 120MST Tandem
Aale Day Cab Tractor
RFP.03-124 Spec:a.
-· --
2005 FrelghtllMr
CL120MSTTllndem
Aale Day Cab Tractor
RFP.03-124 Speu. ---
2005 Frlllghlllner
CL12064STT1111dem
A ale Daw Cab T rKlor
RF P.03-124 Spec:L ..
--
-
LES SEE : CITY Of EN<,LEWOQO
BY :
TITLE :
DATE:
WITNESS :
(J
•
' ~:· _.· .
•·
.. .
TO : AIM NATIONALEASE
Schedule A. No. 1
Vehicle In Service Ending Tenn of
Weight Date DIiie Lea,
Ralina• -. Specified .. -
1,.;~ -. ,_
80.000 lb. 80
Montha
80,000lb. 80
Montha
80.000 lb. 80
Months
80.000 lb. 80
Months -
. ..
'
Fair Market
Value
..
$95.240.00
$95,240.00
$95.240.00
$95,240.00
DATE :
WITNEII : I
~:
.__ _____________ __,
\, .. . .
•
Monthly
Fixed
Charge
$1.504.00
$1.504.00
$1.504.00
$1,504.00
Page 1
All CHARGES SUBJECT TO
APPLICABLE SALES TAX
MIieage Beginning
Charge C.P.I.
. :
$0.0700
$0.0700
$0.0700
$0.0700
'
•
•
AIM NA TIONALEASE
Schedule B No. 1
The parties hereby agree that this Schedule "B" is hereby made a part of the Service Lease
Agreement dated------------
1. Customer domicile ofvehicte(s): 2900 South Platte River Drive. Englewood. CO 80110
2. Aim Service Facility: 5151 Yori( St., Denver CO 80216
3. Lettering Allowance: $..().. Any excess will be billed back to the Lessee.
4 . Vehicles to be operated in the following states:
Colorado
5. If actual annual mileage exceeds by 10% or more, the estimated mileage below, there will be a surcharge assessed per mile of
$.12 for all Cargo Vans and Single Axle Trucks, $.14 for Single Axle Tractors, Tandem Axle Tractors and Tandem Axle Trucks. If
actual Annual Engine Hours for Refrigerated Units exceeds by 10% or rnon,, the estimated hours below, there wiU be a surcharge
assessed per hour of S.90 for Truck Mounted Units and S1 .27 for Traller Units.
Vehicle
6. Vehicle rates include the foH
Vehicle Fhut Pw.Prop. Ta
7. Supplies and services, for vehicle(•) listed below .
Provided t,y To Be Paid b¥
Aim L-AIIII' .. l-
Storage X X
Exterior Washing X X Tlnwa per YNl'-11.......:.
Fuel Permits X X
Fuel Tax Reporting X X
Fuel Taxes (Out of Balance) X X
LES SEE : CITY OF ENGLEWOOD
~ANY
BY: BY:
namar :}7 T ITLE : TITLE:
DATE . DATE: 2-20-04
WITNE SS : WITNESS. -;4# -:-L~
/
"
'
. ,• ..
• •
••
• • 0
COUNCIL COMMUNICATION
Date: Agenda Item: Subject : Award Construction
March 1, 2004 11 , Contract for Big Dry Creek Trail
Improvements Phase I
Initiated By: Staff Source:
Public Works Department Ken Ross, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds
under the Transportation Equity Act for the 21" Century (TEA-21 ).
Council approved Ordinance No. 60, Series 2003 approving an Intergovernmental Agreement
(IGA) with COOT regarding funding the construction of this project
Council approved Resolution No. 88, Series 2003 accepting a 99-y ear license agreement for the
trail from South Slope Condominium Association.
RECOMMENDED ACTION
lnlhe~tpf
, fortfie constructrori ofthl!-llg I •
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1994, Englewood, Littleton, and South Suburban Parks cooperated in the preparation of a plan to
install a bike trail along Big Dry Creek from the S. Platte River to the Highline CanaL This master
plan, prepared by Bob Seams of Urban Edges, Inc ., proposed the trail alignment. phasing. and
fundraising recommendations . Five segments of construction were proposed. The two segments
from th e Platte River though Belleview Park and Progress Park have been completed. Most
rece ntl , th e bridge over Platte River was installed.
In February of 2002, the City submitted an application to the Denwzr Regional Council of
Go\ ernmen ts (DRCOG) for Federal TEA-21 funds to construct the third segment of this trail from
Progress Park to Broadway. Initially, the project did not make the cu t for inc.fusion in the TIP,
ho, ever. staff continued to pursue the project when additional fu nds became available in early
W03 and it was included in the Transportation Improvement Program for funding in FY 2003. The
segment from Progress Park to Broadway was added to DRCOG's Transportation Improvement
Program and will receive $600,000 in Federal Funds towards the total estimated cost of $1,500,000.
DRCOG agreed to allow the project to be constructed in :! phases . This allows construction of the
first portion of the work t o proceed before obtaining the Right-of-Wa required for the second
phase. Phase I co ers the area between the existing trail at Progress Park to Lehow Ave. Phase II is
located between Leho, A e. and Broadway.
'
... ..
• •
The design of Phase I was completed by the South Suburban Park Foundation's consultants, Urban
Edges and Mclaughlin Water Engineers. (The Foundation hired the design consultants long before
the project was included in the TIP). Necessary easements have been acquired for Phase I and the
project was advertised for construction bids.
Federal Aid projects required that the bidders be included on COOT list of qualified contractors,
that they meet Disadvantaged Business Enterprises (DBE) goals, and that COOT concur in the award
of the project. COOT concurs with awarding this contract to the low bidder, Wycon Construction
Company.
FINANCIAL IMPACT
Eight bids were received and opened on February 10, 2004 as detailed in the attached Bid Proposal
Tabulation. The low bid is 39% below the Engineers estimate of $655, 1 S 1.00.
Detailed below are the costs associated with the construction of the project:
Wycon Construction Company
Construction Administration
Construction Contingency
Total Estimated Cost
$399,319.00
60,SOO .OO
50,000,00
$509,819.00
Federal Participating funds will cover 80% ($407,855.20) of the construction cost leaving the Local
Matching share for Phase I at $101,963.80. The South Suburban Parlcs Foundation will pay the
entire Local Match. Englewood contributed $50,000 in 2003 to the Foundation. This contribution
w ill co ver Englewood's share for both phases.
LIST OF ATTACHMENTS
Co ntract
Bid Tabul ation
t
• •
• •
CONTRACT
CITY OF ENGLEWOOD, COLORADO
0
0
THIS CONTRACT and agreement, made and entered into this 1 • day of March, 2004, by and between the
City of Englewood, a municipal corporalion of the State of Colorado hereinafter referred IO as the ''City",
party of the firsl part. and Wycon Construcdoa Co. 645 Compton St., P.O. Box 405, Broomfteld, CO
80038-0405, hereinafter referred to as the ''Contractor". party of the second part. WITNESSETH,
commencing on the 15111 day of January, 2004, and continuing for at least ten (10) days thereafter the City
advertised 1hat sealed proposals would be received for furnishing all labor. tools, supplies. equipment,
materials and everything necessary and required for the following :
PROJECT : B!c Do Cmk Tran lmpronrnmtp nw 1-Provw PJrk to Lebow A!!, STE
M395-009
WHEREAS. proposals pursuant to said advertisement have been received by the Mayor and City Council
and have been cenificd by the Director of Public Works to the Mayor and City Council with a
recommendation that a contract for said work be awarded to the above named Contractor who was the
lowest reliable and responsible bidder therefore, and
WHEREAS. pursuant to said recommendation the Contract has been awuded to the above name
Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of
said work in accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract. the mutual agreements
hereinafter contained arc subject to the terms hereinafter stated :
A. Contract Documents : II is agreed by the parties hen:to that the following list of inllruments.
drawings and documents which arc atuK:hed hereto, bound herewith or incorporated herein by
reference constilute and shall be referred to either as the Con1net Documents or the Contract
and all of said instrumenls , drawings, and documents taken IOgedler as a whole constitute the
Contract be1ween the parties hereto and they are as fully a part of this agreement as if they
were set out verbatim and in full herein :
Advertisement of Notice to Contractors
Proposal
Contracl (this instrument)
Performance Payment Maintenance Bond
Receipr. Release. Waiver of Claims
Colorado Department of Transportation (COOT)
• Standard Specifications for Road and Bridge COllllnletion
• Standard Special Provisions
Project Special Provisions
General Conditions
Plans and Drawings
'
..
• •
B. Scope of work : The Contractor agrees to and shall fumiah all labor, toob, supplies.
equipment. materials and everything neccsury for and required to do, perform and complete
all the work described. drawn, set forth. shown and included in said Colllnet Doc:un.111.
c . Tenns of Performance : The Contractor agrees to undertake the performance of the wort under
this Contract within twenty (WJlln from being notified to commence work by the Director of
Public Works and agrees to fully complete said work within 150 c;lleDdN: days. plus such
extension or extensions of time IS may be panled by the Director of Public Worts in
accordance with the provisions of the Contract Documents and Specifications.
o. Tenns of Payment : The City agrees to pay the Conlnctor for the performance of all the work
required under this contract, and the Coainctor agrees to accept IS his full and only
compensation wherefore, such sum or sums of money IS may be proper in accordance with the
price or prices set fonh in the Conlnculr's Proposal hereto lttlebcd and made a part hereof, the
tolal estimated cost thcrcof bcina ................. ....., .. ._ .. ,dine ........
nlaeteeo dollan ud no ceats ($399,319.00).
E. Appropriation of funds: At present. S3tt,319.00 bas been appropriated for the project.
Notwithstanding anything contained in this Aareement to the coatrary, in the event no funds or
insufficient funds arc approprialed and budgeted by the governing body or are odlerwile
unavailable by any means whatsoever in any following fiscal period for which appropriations
were received without penalty or expenae except IS to dlOle portions on the Apeemen! or
other amounts herein for which funds have already been appropriated or arc otherwise
available. The City shall immediately notify "Comnctor" or ill assignee of such occurrence
in the event of such termination.
F. Contract Binding : It is agreed that this Contract shall be bindina on and inaure to the benefit of
the parties hereto, their heirs, eiiecuton. adminllllnlOrs, asaigna. and succ:euon.
IN WITNESS WHEREOF, the parties have cauaed these preacuta to be aiped penonally or by their duly
authorized officers or agents and their seals affixed and duly alllllled the day and year lint abo,ie wri11en.
This Contract is executed in S counterparts.
CITY OF ENOLEWOOD
Contractor
by _________ _
Mayor
Party of the Fnt Part
ATTEST : ATTEST :
<
.... t
..
BIG DRY CREEK TRAIL IMPROVEMENT -PHASE I
BID PROPOSAL TABULATION
FEBRUARY 10, 2004
BIDDER/PLAN HOLDER TOTAL BID ITEMS PROJECT TOTAL BOND
Wvcon Construction 365 319.00 399 319.00 ves
Burlstone Inc 435162.26 a 469162.26 ves
L&M Entemrises Inc 446362.45 480.362.45 ves
Tarco, Inc 454,557.00 488.557.00 ves
Concrete Exoress 474,779.25 508 779.25 V8S
Concrete Works 483.604.00 517604.00 -
ACC 494879.20 528879.20 -
Ash & White 720544.98 754.544.98 ves
<
Enaineers Estimate 621151.00 655151.00
t
..
•
• •
U,90I..U'nON NO. -
~SOF2004
·•
• • D
(J
A RESOLtmON IN SUPPORT OF AN EQUITABLE ALLOCATION OF STA TE AND
FEDERAL TRANSPORTATION DOLLARS TO THE METROPOLITAN DENVER REGION .
WHEREAS, the Colorado Transportation Commission adopts long range plan resource
allocations of all state and federal transportation revenues; and
WHEREAS, the metropolitan Denver region constitutes 56 percent of the state's population
and contributes 52 percent of the transportation dollar.; allocated by the Colorado Transportation
Commission; and
WHEREAS, the metro Denver region 's share of the Colorado Department ofTransportation's
long range plan resource allocations was 46 percent in the November 1998 Statewide
Transportation Plan adopted by the Colorado Transportation Commission; and
WHEREAS, the metro Denver region's share of the Colorado Department of Transportation's
long range plan resource allocations was reduced to 34 percent in November 1999 , and 36 percent
in the June 200 I State Resource Allocation Program which was part of the Statewide
Transportation Plan adopted by the Colorado Transportation Commission; and
WHEREAS, this reduction in metro Denver's historic share of state transportation revenues
translates to a reduction in transportation funding for the fifty municipalities and counties in the
metro Denver region of I . 9 billion dollar.. compared to the 2025 plan just two years ago, and a
reduction in funding for the metro Denver region of 4 .2 billion dollars compared to what we
would have received just five year.; ago; and
WHEREAS, this reduction in metro Denver's resource allocation provides the businesses and
residents of the Denver region only 54 cents back for every dollar paid in taxes, and metro area
citizens deserve a better return on their tax dollar..; and
WHEREAS, the federal Transportation Equity Act for the 21 • Century (TEA -21) guarantees
that each state is to receive at least 90 .S percent of every dollar it contributes to the Highway
Account of the Highway Trust Fund, and the Colorado congressional delegation strongly
supported this guaranteed minimum return to donor states; and
Whereas , this same principle of transportation funding equity should apply to the allocation of
state transportation revenues by the Colorado Transportation Commission of each of the IS
transporta tion planning regions in the State of Colorado, including the metro Denver region; and
WHEREAS, this unwarranted departure from the historic allocation of state transportation
revenues to the metro Denver region will undermine the state's capacity to address both rural and
urban transportation needs in a balanced manner and will impact negatively on the metropolitan
Denver ec on omy, which already is struggling as the third-most congested reJion in the nation ;
and
;
'
... ..
• •
WHEREAS, severe congestion jeopardizes the Denver region's quality oflife for all of its
residents, and impedes the Denver region's ability to expand existing businesses and aaract new
businesses;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Englewood,
Colorado expresses its strong opposition to the substantial and inequitable reduction in the share
of state transportation revenues allocated to the 50 municipalities and counties of the metro
Denver region in CDOT's proposed FY 2005-2030 Transportation Resource Allocation, dated
November 12, 2003; and further requests that the Transportation Commission reject this proposed
Plan Allocation and direct COOT to submit a modified Plan Allocation that addresses the state's
transportation needs in a balanced and equitable manner which ensures that each of the State's
transportation planning region receives no less than 90 percent of the estimated value of revenues
contributed from that region.
ADOPTED AND APPROVED this I" day of March , 2004 .
ATTEST : Douglas Garrett, Mayor
Loucrishia A. Ellis, City Cleric
I, Loucrishia A. Ellis, City Cleric for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No.___, Series of 2004.
Loucrisbia A. Ellis, City Clerk
1. Call to order.7,'3/
4. Roll Call .
• •
AGENDA FOR THE
REGULAR MEmNG OF
E ENGLEWOOD CITY COUNCIL
ONDAY, MARCH 1, 2004
7:30P.M.
Englewood Civic nter -Council Chambers
1000 Engl ood Parkway
Englewood, 80110
~ • 'UJ.!Mr
Unscheduled Visitors . (Ple~eli~t your presentati ~a.
_:,) ~-
8. Communications, Proclamations, and Appointments.
-o
~Jf}1J" appo;ntiog Vale,;e Pasm;,; to Keep Eogl~ tJtcl -
(},. _ , JL} _b. Recommendation from the Englewood Municipal Court to adopt a resolution I/,(~
KJJJ{)ft :;:J' appointing David A . Sprecace as an Associate Judge for the Engle!~d M~ni~al (J"' 7 ,,a ?vbo urt. STAFF SOURCE: Tamara Wolfe, Court Admr;tor. ~
c. The Honqrable Judge Vincent Atencio will swear in David A. Spreca7 as an Associate
Judge for th e City of Englewood's Municipal Court. Vi!, -.
Plea se no le : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 03·
762-2 405) at least 48 hours in advance of when services are needed. Thank u .
'
.. ..
• •
·•
• •
r·--.
(. i --,
~0
Eng lewood City Counci l Age nda
March 1 , 2004
Page 2
9. Public Hearing. (No Public Hearing Scheduled)
tl ~'f}'3r:J!!:a. ~ 4U,(7r,-
Vfflt' "" a. Approval of Ordinances on First Reading .
i. Council Bill No. 1 • Recommendation from the Public Works Department to
adopt a bill for an ordinance accepting the dedication of an 8 foot wide
Transportation/Utility Easement along South Bannock Street adjacent to the
King Soopers Store. STAFF SOURCE: Ken Ross, Director of Public Works.
b . Approval of Ordinances on Second Reading.
rNI R i. Council Bill No. 7, authorizing an Intergovernmental Agreement with the
Cherry Hills Sanitation District for the GIS Pilot Study project on sewer
system mapping.
c. Resolutions and Motions.
i. Recommendation from the City Manager's Office to approve, by motion,
June 12, 2004 as the date for a city-wide public sidewalk sales e~AFF
SOURCE: Michael Fiaherty, Assistant City Manager.
ii. Recommendation from the City Manager's Office to approve, by motion, the
installation of art for the Museum of Outdoor Arts' 2004 Design & Build™
Program. STAFF SOURCE: Michael Flaherty, Assistant City Manager.
iii. Recommendation from the Department of Parks and Recreation to apRrove,
by motion,jhe purchase of a loader backhoe for the Parks Divisibn. ~taff
recommends awarding1he contract to the low "idder; Universal Tractor
'tompany, in the amount of $40,823.00. STAFF SOURCE: lerrell Black,
Director of Parks and Recreation and Dave Lee, Manager of Open Space.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
'
... ..
• •
•.
·• _,,_
• • 0
0
Engl ewood City Council Agenda
March 1, 2004
Page 3
ii. Council Bill No 1 O -Recommendation from the Department of Safety
df) /1 Services to adopt a bill for an ordinance amending sections of the Englewood
'/'l/ Municipal Code pertaining to Outdoor Storage in Residential, Business, and
Industrial Zoned Districts. STAFF SOURCE: Lieutenant John Collins. ~
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(3 03 -7 62 -2405) at least 48 hours in advance of when services are needed. Thank you.
'
• •
Englewood City Council Agenda
March 1, 2004
Page 4
12. General Discussion.
a. . Mayor's Choice.
b. Council Members' Choice.
M_!K-i. A resolution i,n support of an equitable allocation of state and federal
transportation dollars to the metropolitan Denver regio ~;..· -.::---~4~~~-"."'.
,I ntJ '7:.{)
tl'ff -13. City Manager's Report.
' 14. City Attorney's Report
Adjournment
The following minutes were transmitted to City Council between February 13 af!d 26, 2004:
• Englewood Non-Emergency Retirement Board meeting of November 12, 2003
• Alliance for Commerce in Englewood meeting of January 8, 2004
• Englewood, Transportation Advisory Committee meeting of January 8, 2004
• Keep Englewood Beautiful meeting of January 13, 2004
• Englewood Urban Renewal Authority meeting of January 14, 2004
• Englewood Planning and Zoning Commission meeting of February 3, 2004
• Englewood liquor Licensing Authority meeting of February 4, 2004
Please note: If you have a disability and need awdl~ry aids or services, please notify lhe Oty of fnstewoc,d
(3 03-762 -2405) at least 48 hours in advance of when services are needed. Thank
t
..
• •
·• -
• • ' \ LJ
1. Calltoorder ~{)·:?/c.m.
2. lnvocatioo ~ 'J / ? ). ~~~
'
4. Roll call
Members:
Moore
Garrett
Wolosyn
., _r; ___ _,present ____ .absent
! . •· •
·• -
• •
(
(Ji]&/
7-o
,·--1· !
\ .1.___)
'
..
. .
!, • • •
·• • ..
• •
\ . ..--.,._ ,._
t 1·
'..l __ ._.)
.. . • .
. . .
I
• • • •