HomeMy WebLinkAbout2004-11-15 (Regular) Meeting Agenda Packet--
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Regular City Counci1 Meet i ng
November 15, 2004
Ordinance ~. ~. fjt, /. 65, 66, 67, 68, 69, 70, 71
Resolu t ion # ~Ol, 102, 103, 104, 105, 10 6 , 107
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Seslion
November 15, 2004
I. CaUtoOrder
The regular meeting of the Englewood City Council was called to order by Mayor Garrell at 7 :37 p.m.
2 . Invocation
The invocation was given by Council Membct-Barrentine.
3. Pled1e or Allealance
The Pledge of AIJegiancc was led by Mayor Garrell .
4 . RoUCaU
Present :
Absent :
A quorum was present.
Also present :
Council Members Tomasso, Moore, Barrentine, Garrell, Bradshaw,
Wolosyn, Woodward
None
City Manager Scars
City Attorney Brotzman
Assi5tant City Manager Aabcny
City Clerk Ellis
Director Olson, Safety Services
Director Long, Library Services
Director Gryglewicz, Finance and Administrative Services
Director Kahm, Public Works
5. Consideration or Minutes or PreYioul Session
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER I,
2004.
Ma yo r Garrell a kcd if there were any comments or corrections. There were none .
Vote results:
Ayes :
Abstain :
Nay s:
Motion carried .
Council Members Barrentine. Bradshaw. Garrett, Wolosyn ,
Woodward, Tomasso
Council Mcmbct-Moore
None
6. Rerognltlon of Scheduled Publlc Co...-nt
(a) C it y Council recognized the IS student artists whose anwork is mdudcd in the 2005
Englewood Calendar.
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Mayor Garrett said each year, the City holds an art contest that is open to all students who live or go to
school in Englewood. This year, we received nearly 150 entries, and 15 of those pieces were chosen for the
calendar. We want to thank the parents and art teachers for their support of these talented artists. There are
specifically some people I would like to thank: the Selection Panel -Mayor Pro Tern Olga Wolosyn, City
Council Member Beverly Bradshaw, City Council Member Ray Tomasso and the Chair of the Cultural Arts
Commission, Eric Bertoluzzi, also the members of Cultural Arts Commission -Mary Lynn Baird, Kate
Dulaney, Amy Laugesen, Janet Moore, Donna Schnitz.er, Maggie Stewart, Dave Mitchell (Mjtchell Design),
Rodney Lontine (Executive Director of the Museum of Outdoor Arts), Meredith Wortzel (Program
Coordinator for the Museum of Outdoor Arts) and Susan Keene (Progressive Education in Art & Academics
for Kids (PEAK) Coordinator).
Mayor Garrett said we also had some sponsors who sponsored this project that we want to thank: the
Museum of Outdoor Arts, A & B Custom Framing, The Pressworks, Colonial Bank, Miller Weingarten
Realty, Office Depot, Telecom Services, Inc., Greater Englewood Chamber of Commerce, Mile High Coffee.
Pirates Cove, Hobby Lobby and Einstein Bros. Bagels.
Mayor Garrett said tonight we are going to be returning the artwork to these artists, which have been maned
and framed for them. The artists will also receive a gift card to Hobby Lobby. Olga. Bev and Ray will help
with the presentation. We ask the artists to come forward as their names are called and more importantly
after the recognition if you could meet in the lobby outside Council Chambers so that you can have a group
photograph.
Council Members Wolosyn and Bradshaw introduced the 2005 Calendar artists and Council Member
Tomasso presented them with their matted and framed pieces.
Kirstyn LeCavalier is a I" Grader at Maddox Elementary. Kirstyn's piece, entitled "ROIUld Elephant,"
appears on the cover of the calendar.
There are two artists featured in January: Jessica Gutienez and Tyler DeHaan, boch 'i-Graders at
Maddox Elementary. Their anwork is entitled "Pen111in °" Ice ."
Patrick Call is an 11• Grader at Humanex Academy. Patrick's artwork, enlitled "l'he Duomo," appears
in February.
· M issi Meers is a 1• Grader at All Souls Sc~. Missi's anwork, "Pini. Flyin1 Sq11irrr/" appears in
March.
Curti Bodiker is a 2..t Grader at Maddox Elementary. Cwtis' piece, "Peacock.•· appears in April.
Elizabeth C lo utier is a 5• Grader at Clayton Elementary School. Elizabeth's utwork. "Cool Car."
appears in May.
Jeffrey Donahoo is a 4• Grader at Clayton Elementaty School. Jeffrey's artwork, "71te Collage of
Cakes ," appears in June.
nn Archibald I a 2"" Grader at All Souls. AMy's anwork. "Downward Do111e , • appears in July.
Mia Miller IS a 2"" Grader a t Charles Hay Elementary. Mia's piece. "Prrny Pltfals . • appears in AugUSI .
atasha Fi h I an s• Grader at Solid Rock Ennchrnen1 Prosram. Naiasha ·s anwork, "TMrr'u SnaU
,n my Sltoe! • appevs 1n Scpeember.
T-..o am I an: ratured ,n October : Chensh Headley and Sara Hyde. bodl 1• Graden at Maddo.11
Elementlr) Thc,11 1111•\lrt IS ffllltlcd "TM ,,_, Urtlk, II lkd. "
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Sannah Pham is a 3•• Grader at Clayton Elementary. Sannah's artwork appears in November.
Abreah Griffin is a 6th Grader at Goddard Middle School. Abrcah's artwork. "I 'm Feeling Blue," was
created last year when she attended Clayton Elementary and it appears in December.
Mayor Garrett offered congratulations to the artists. Thanks for coming this evening to help us recognize
these talented artists, he said. There was a round of applause.
Mayor Garrett said there are calendars available on the table in the back of the room and there will be a group
ph otograph in the lobby outside Council Chambers.
7 . Recognition or Unscheduled Publk Comment
(a) Diane Wray said I am a citizen of Englewood . I am here to speak regarding the nomination
of the First Federal Savings building, which is now Commercial Federal Bank at 4301 South Broadway. The
redevelopment of Cinderella City into the Englewood CityCenter has been completed and judged a success ,
not just by our community, but by a national audience . The next challenge facing the City of Englewood is
the revitalization of Broadway. Unlike the Cinderella City site, Broadway is not a blank slate. Hundreds of
existing buildings occupy the corridor ... hundrcd of owners and hundreds of mostly small businesses. This
project requires an entirely different set of skills and tools . One of those tools is historic preservation. The
hi storic preservation ordinance of Englewood clearly defines its purpose, which is to establish historic areas
and landmarks for the education, cultural and economic benefit of the Englewood citizens. Due to various
pressures that may result in the destruction, impairment or alteration of historic resources, which reflect
elements of Englewood's cultural and architectural heritage. it is the policy and responsibility of the
ordinance to protect and preserve buildings that arc reminders of past eras, events and persons important in
local, State or national history, which provides significant examples of architectural styles of the past. arc
landmarks in the history of architecture and which arc unique and irreplaceable assets to the City and its
neighborhoods, which provide for this and future generations, examples of the physical surroundings in
which past generations lived . It is also to develop and maintain the appropriate environment for such
buildings reflect ing various a1chitectural styles. First Federal, now Commercial Federal Bank, clearly meet s
the criteria for local landmark statu s. The summary statement from the complete landmark nomination,
whic h I prepared and submitted reads : The First Federal Savings building embodies distinguishing
characteri sti cs of modernist architecture inherently valuable for a study of the period 's style and method of
construction . It ,s signifi cant as the work of a recognized master of modernist post-World War II Colorado
arc hitecture. William Muchow and for its use of innovative design and engineering in the expression of
modern architecture . It is also significant as part of an important context of modernist banks built in
E nglewood in the period between 1945 and 1970. It exemplifies the broad cultural, political, economic a nd
social hi story o f the City of Englewood. Arapahoe County, the State of Colorado and the United States in the
years it was constructed . It is significant as an exemplary structure from the Golden Age of Englewood ... a
period o f unequaled gro"1h and prosperity in which the City was a leader in local , regional and nati onal retail
and commerc ia l develo pment . It is also significant for its association with First Federal Savings. an
important banking institution in our history. This nomination. the first independent nomination of a local
landmark by an Englewood citizen has encountered two roadblocks. both of which arc based on the
inadequacy of the o rdinance . The first of these is a fifty year rule . Given the fact that the period from the
late 19-IO 's th ro ugh the 1960's can be objectively identified as the Golden Age of Englewood 's residential
and co mmercial devel o pment , thi s fifty year rule is clearly inadequate to protect many of the buildings in o ur
comm un uy that arc most likely to merit landmark status. It is imperative that this language be altered in the
refinement o f the o rdinance currently underway . It is also important to f. e that, due to the recognition of
a t, nal rcg1Mered landmarks in the City of Englewood . Arapahoe Acres. whi ch was at its Ii ung les than
fift years o ld , 1s already an Englewood landmark . The second roadblock is the refusal of the building owner
and the Cny of Englewood to allow the posting of the Public Notice of a Planning and 2.onmg hearing on the
h1 tone des ignation and prcscrvauo n of this important building. Englewood has only two building on
Broadway that arc clear!)• o f auo nal architectural and hi stori c significance . One is Charles Deaton 's Ke y
aving . no w Colonial Bank . The ocher I Wilham Muchow First Federal Saving building. Thi building
hould become the cc ntcrp1ccc o f Broa,huy' rev1tahu11on . Not it's first v1c11m . The Ctty of Englewood
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should be encouraging public debate on historic preservation, not obstructing it . And. I ask that the City
Council talce the steps necessary to ensure that this public debate takes place on this property. Thank you.
Mayor Garrett thanked Ms. Wray.
8. Communications, Proclanatloas and Appoln._nts
There were no communications, proclamations or appointments.
9 . Consent Aaenda
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading.
(b) Approval of Ordinances on Second Reading
There were no additional items submined for approval on second reading. (Sec Agenda Item 11 (b).)
(c) Resolutions and Motions
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 9 (c) (I) -RESOLUTION NO. 100, SERIES OF 2004.
[Clerk 's note : This was listed as Item 9 (a) (i) on the Agenda.)
(i) RESOLUTION NO . 100, SERIES OF 2004
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE
ANNUAL "FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 29, 2004 THROUGH
SUNDAY, DECEMBER 12, 2004 .
Vote results: ,
Ayes :
Nays :
Motion carried.
I 0. Public Hearing Items
Council Members Barrentine, Moore, Bradshaw, Garrett , Wolosyn,
Woodward , Tomasso
None
No publi c heari ng was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading.
{b) Approval of Ordinances on Second Read ing
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEMS 11 (b) (I) THROUGH (v).
Mayor Garrell asked if there was any discussion. There was none .
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(i) ORDINANCE NO. 60, SERIES OF 2004 (COUNCIL BILL NO. 53.
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR
THE FISCAL YEAR 2005
(ii) ORDINANCE NO. 61, SERIES OF 2004 (COUNCIL BILL NO. 54,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES lN THE CITY OF
ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I, 2005, AND
ENDING DECEMBER 31 , 2005, CONSTITUTING WHAT IS TERMED THE ANNUAL
APPROPRlA TION BILL FOR THE FISCAL YEAR 2005.
(iii) ORDINANCE NO. 62, SERIES OF 2004 (COUNCIL BILL NO. 59.
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED
$8,355,000 V ARlABLE RATE DEMAND MUL TlFAMlL Y HOUSING REVENUE REFUNDING BONDS
(MARKS EAST APARTMENTS) SERIES 2004 OF THE CITY OF ENGLEWOOD, COLORAOO FOR
THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF
ENGLEWOOD. COLORADO MULTIFAMlL Y HOUSING REVENUE BONDS (THE MARKS
APARTMENTS) 1985 SERIES B; APPROVING AND AUTHORlZING EXECUTION OF A TRUST
INDENTURE. A FINANCING AGREEMENT, PURCHASE AGREEMENT, lNTERCREDITOR
AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT
WITH RESPECT TO THE BONDS AND THE MULTIFAMILY HOUSING PROJECT BEING
REFINANCED WITH THE PROCEEDS OF THE BONDS; MAKING FINDINGS AND
DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS; AUTHORlZING THE
EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION
HERETOFORE TAKEN lN CONFLICT HEREWITH.
(iv) ORDINANCE NO. 63, SERIES OF2004 (COUNCIL BILL NO. 61,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE ADOPTING T E BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT FOR THE FISCAL YEAR 2005.
(v) ORDINANCE NO. 64, SERIES OF 2004 (COUNCIL BILL NO. 62.
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I , 2005. AND
ENDING DECEMBER 31. 2005. CONSTITUTING WHAT IS TERMED THE ANNUAL
APPROPRIATION BILL FOR THE FISCAL YEAR 2005.
Vote results:
Ayes:
Nays :
Mouon earned.
Council Members Barrentine. Moore. Bradshaw. Garrell. Wolosyn.
Woodward. Tomasso
None
(c) Resolut.ions and Motions
There were no lldd111onal resolutions or motions submined for approval . (See Agenda Item 9 -Consent
genda )
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12 . General Discussion
(a) Mayor's Choice
(J
(i) Mayor Garrett said I just want to make note that the next City Manager/City
Attorney meeting will be December I" since we do not have Council scheduled for next Monday or the 29'"
of November.
(b) Council Members' Choice
(i) Council Member Barrentine:
I . She said I had some people who were complaining about the parking on Clarkson and the speed, not
that that is unique just to Clarkson, but with the additional traffic from the High School it makes it a little
unique. I was very impressed with the work Rick Kahm and our Public Works Department did and I just
wanted him to speak for just a minute on what it was he did. This man was very impressed at how well we
responded and there was some unique partnering with some people and I would like him to address that just
for a moment ifhe would .
Directo r Kahm said thank you Laurett. I included this response in your packets as a short-term. Laurett had
called because the individual on Clarkson llad called her. I have only been working with the ETAC group a
couple of months now and the target that is on our agenda right now is speeding on collector and arterial
streets. We have been pretty successful over the last, almost fifteen years, with Safety Services and working
on the Speed Pledge Program. Prior to that, in Traffic, we developed a program called Speed Watch and I
included the pamphlet on that in your packets. And that was initially developed by Traffic to deal with the
very isolated cases of speeding. We would have a block where every once in awhile there was a particular
individual who was speeding and it wasn't practical for Safety Services to post an officer out there for hours
and hours and hours, just on the chance they might be there when this individual was speeding. So, we
developed a program that allowed citizens to participate so they felt like they could be doing something to
help us. Speed Pledge was developed and it was really simple. It was a matter of training the citizens. We
put some marks on the street at a specific distance. provided the citizens with stop watc~ and they timed
the vehicle between two points and had a conversion chart that then told them how fast the vehicle was
going. They could then tum around and pass that information on to Safety Services and they would follow
up with a letter to the car owner. General!y this was some youngster's parents. They wouldn't get a ticket, it
wouldn't go on their driving record, but it was effective and it let us get out and work with the community.
Ri g ht now the primary target on ETAC's agenda is speeding on collectors. We have been working for an
extended period of time with the Oxford corridor and in fact, you all approved a PIF project for next years
fu nding to d o some things on Oxford. I think it will probably end up being some neck downs on the ends and
possibly some radar speed limit signs ... that type of thing. We arc working on that and then most recently we
had a problem tha.t developed ... actually it deve loped probably 20 years ago ... on Dartmouth, but the folks
o ut there finally reached their breaking point and arc pretty excited about what we can d o o n Dartmouth.
Again, it is a coll ector. I sho uld al so point o ut that Speed Pledge, as we developed that over the years, has
bee n pretty effective o n residential streets, but docs not carry forward on to collectors and anerials, because a
lot of th ose fo lks are just passing through town and quite honestly don't care how fast they are going. But
whe n thi s C larkson o ne came up again, it is a collector street and it turned out that Ladd had a significant
amount of d ata a lread y compiled o n that . I asked Laurctt if we could tum this into a short term. because I
th ink one of the things we ha ve been looking at on Oxford, and possibly on Dartmouth, are these photo radar
signs th at ac tually te ll yo u how fast you arc going and if you are exceeding the speed limit. it will tell you 10
s low down. What we were able to do. with a series of studies over on Clarluon over the laSI couple of years.
was to conc lude that w hen school wasn't in session the ss• percentile was runnina about 34 miles per hour.
but when school was in session the volume of traffic went up about 20 percent and speed went up about S to
39 miles per hour. The Safety Services speed trai ler works very similar to the photo radar sians that we are
propos ing to try o n Oxford and possibly Dartmouth. Even when school was in session and the speed had
jumped up to 39 mil es per hour, with the trailer in place, it dropped back down to 33. We already had thi
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data on Clarkson and I wanted to share that because I think that is what we will be talking a lot about in
ETAC. We have a meeting again this Thursday night. I am thinking that is one of the softer types of traffic
calming techniques that we will probably be proposing.
Council Member Barrentine said thank you. I know that he was impressed with this and it took less than a
week . They had training today ... five people who became involved because they were interested, so it is a
way for them to participate and get some more information. It is a limited area, but they were just very
impressed with the response and I was very happy that we found some unique ways to get them involved .
Director Kahm said we all know that speeding is a big issue in every commurtity, not just ours. Ms.
Barrentine said it is nice that they could feel they could do something.
2. She said I went to the CML meeting. They were putting together their legislative issues that they
are going to be addressing this legislative session. I was very proud of our Director of Safety Services who
made a presentation as ... and your title with that orgartization? I'm sorry, I forgot.
Director Olson said I am the Legislative Chair for the Chiefs of Police Association of Colorado. That is what
I was there for .
Ms. Barrentine said they were addressing the issues with the murticipalities taking on the liability of people
who are hurt or who are sick and those bills arc coming back now to the murticipalities. He did an excellent
presentation and I was very proud to see Englewood so well represented . Thank you very much, that was
very nice.
(ii) Council Member Bradshaw :
I. She said Happy Thanksgiving, since I won't see you guys.
2 . She said thank yo11 so much Chris for the enforcement on Belleview and Oxford . It really seems to
be working. Thank you .
(iii) Council Member Tomasso said I am concerned about the lack of a public hearing
on the bank property and with the ordinance that we have in place that we can't seem to work out the
discrepancies in the ordinance . It looks, once again to me, like government run through secrecy as in the
evening when the City Council decided to tear down the Skerritt house . It is the same type of situation and I
think it needs to be investigated . I think we need to put a moratorium in place on the demolition of buildings
until we get an ordinance in place that can be addressed in public forum .
Mayor Garrett said are you asking for an investigation about the Skerritt House?
Mr. Tomasso said no , I am asking about an investigation about the process of the historic designation
ordinance and the inconsistencies in the ordinance .
Ma yo r Garren said we have a note that Bob's group was supposed to be looking at it and bring that back to
Council.
Mr . Toma sso said I am looking at it as I am concerned with the building that could be demolished
shortly ... the bank building .
Council Member Barrentine said are you asking that because of our process or are you asking for yourself
that thi s be investigated, as well as the way this has been handled?
Mr . Tomasso sai d I am asking for it to be looked at and a moratorium possibly be put on demolition until we
ge t the ordi nance straightened o ut. Since I haven't had time to talk to previous Counci l members that wroce
the ordi nance to see what they put in place and why they put the clause in !hat a public citizen can IIOffllnatc a
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building and then that nomination be denied by the owner of the building and blocked basically by an out of
state corporation.
Mayor Garrett said I guess the question then for Council, is there a consensus that you would like us 10 bring
back a moratorium resolution, in essence? Mr . Tomasso said yes, until the issue is resolved.
Council Member Bradshaw said what is the timeline on the issue being resolved?
Mr. Tomasso said when I talked to Community Development, they thought five months. They would have
an ordinance in place in five months. It would take five'rnonths to put it in place.
Ms . Bradshaw said what is the timeline for the bank?
Mr . Tomasso said it may be tomorrow. Ms. Bradshaw said I mean realistically. because I remember you
were the gentleman that offered us S I0.00 for the Skerritt House. Mr. Tomasso said no, I offered you
$13,000.00.
Council Member Tomasso said at this point. I've heard the north building has been closed and locked and
they removed all the tenants from the north building, so it could be a month.
Mayor Garrett said what if I propose that on December 6•, our first meeting back, that we put it on the Study
Session and then if there is a consensus to move forward we can do that? Or any Council member can have a
moratorium resolution proposed.
Council Member Bradshaw said I just wonder if that wouldn't just add another two weeks to the issue. It
sounds like Council Member Tomasso wants to move quicker than that.
Or, Mr. Tomasso said, figure out how to post a hearing so Planning and Zoning can have a hearing on the
building.
Council Member Bradshaw said I was trying to fast track what you want, Ray. If we could have it on the
Agenda written up as a moratorium.
Mayor Garrett said right and we discuss it at the Study Session and if someone wants to move it that night,
they can.
Council Member Barrentine said I am sorry . I disagree. This has been discussed and this is because you
have a personal agenda with this. We agreed that the ordinance would need the propeny owner's permission
in order to post the sign for historical designation for the hearing ... in order to have the public hearing. The
ordinance was written in a-way so that you would have to have permission of the property owner ... that the
property owner would wa nt to have a hi storical designation. They do not and what you were proposing at the
time ... at the last Study Session ... was that anybody could go~ and circumvent the property owner's
rights. post their property because they believed it should be historical, even if the propeny owners disagreed.
And I think that you are trying to v;ircumvcnt the process for a personal agenda and I don't think we should
conli nue doing this .
Council Member Tomasso said I am trying to hold up the process until we gct an ordinance in place that i
workable. The current ordinance is not workable. I am just trying to stall the process until we get something
that ,s workable in place.
M,. Barrentmc 1d "hat you consider workable however. is circumventing that privalC property owner's
right so tha1 you c an go ahc.ld and put your will on to that property.
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Council Member Bradshaw said and the other thing that I would like to add is, had the South Broadway Plan
not cndoo up being a volley ball in the last election, that venue would have been changed on that particular
property .
Mayor Garrett said would Council like to discuss this on December 6• or not? I think Laurett, that it is clear
that you would not like to do it. Ms. Bradshaw said I think we have discussed it. Mr. Moore said I am not
going to stop anyone from discussing something. Ms . Wolosyn said I wouldn't mind putting it on the
agenda, I have no objection.
Mayor Garrett said well it could always be under Council Members Choice as well . That is always a
possibility.
Council Member Wolosyn said I think it falls into that category of not bringing up any surprises. I guess if
we knew it was going to be under Council Members Choice that week as an item, that would be fine.
Mayor Garrett said something else we need to consider is the City Attorney's and staff time required to draft
a proposal. Does Council wish to have them expend City resources to do that at this point or would you
rather have that discussion first?
In response to Council Member Wolosyn, Mayor Garrett said the City Attorney has to draft a resolution and
make sure the moratorium we create is tailored properly so that it is not subject to challenge.
Council Member Woodward said for my own clarification. we are talking about a moratorium on one
propcny? City Attorney Brouman said on all demolition permits within an area .
City Auorney Brotzman said one of the things wc would be working on is what the specific area is . You
can't do it as to a property. 1bat becomes a taking and that is a problem so you have to do it within an area
and wc have to define the area so it is fair.
Council Member Woodward said I think at that point wc are starting to infrinae on the possibility of some
other property owners that may have some plans for demolition or whatever . Do we know anything about
that? City Attorney Brotzman said that is also part of the 111ff time that would be spcnl ... looking to sec if
there is anything else .
Council Member Moore said I will clarify my answer with your queslions. I believe that wc can discuss it
philosophically . I don ·1 think it is warranted 10 be investiq much staff time in that part of it pven the prior
discussions .
Mayor Garrell said Laureu and Bev , you are of the same view? Council Member Bradshaw said yes . Mayor
Garren said 'I am also. ·
Ms. Barrentine said I was not for the Broadway Plan and I said some time ago that I am not aoing to infrinae
on private property rights by the City doing anything with condemnation or development, nor am I going to
allow the Historical Society to circ umvent their process either and take people's private property rights away.
And. I stand firm on that till.
Mayor Garren said we will put it on as a Study Session item to discuss. Ray if you would like to lead that
discus ion. we wi ll go from there.
City Auomey Brotzman said then that will not be an item on the a,enda? Mayor Garrett said no .
(iv) Council Member Woodward:
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Englewood City CouncU
November 15, 2004
Pace 10
I. He said I just want to acknowledge the Speed Watch that Lauren had brought up and Rick
discussed. I was totally unaware of this and really impressed with it and want to talk to some of my
neighbors about it.
2 . He said Ray and I attended a training with CML a little over a week ago. I guess what we arc
asking is if we can fund this out of the monies that arc set aside for Council trainings . I have been told that
we have monies in that budget to fund that. Where it was funded, where the fees came from for that, I
believe, was out of our discretionary funds.
Mayor Garrett said I received a call regarding the seminar and I said the Council policy is that you always
pre-approve things that come out of that particular budget, but considering the amount of the seminar was
fair I y low, I said each Council member has discretionary funds that they can use. That means that you can at
least go and if you think it properly should come out of the education fund that the Council has a budget for,
you should come back to Council and ask for that money to come out that particular pot. It has always been
our policy to pre-approve things and these questions came up very quickly.
Council Member Wolosyn said and how much was it? Mayor Garrett said $70.00 or $75.00.
Council Member Bradshaw said I have no problem with that corning out of the Conference Fund.
Council Member Woodward said there is another one corning up in December that I would like to attend.
This is another CML training. It is Leadership to Leadership and that seems very appropriate.
Council Member Barrentine said arc you requesting both of them? Mr. Woodward said yes. Ms . Barrentine
asked the date of that one.
Council Member Tomasso said that one is on Friday, December 3"".
Mayor Garrett asked Mr. Tomasso if he wanted to go as well. Mr. Tomasso said yes . Mayor Garrett asked if
anyone else wanted to go. Council Member Wolosyn said I would like to go to that one. Council Member
Bradshaw said I strongly urge you to go.
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE COST
OF A CML TRAINING CLASS FOR TWO COUNCIL MEMBERS RETROACTIVELY AND THE
COST OF A CML TRAINING CLASS IN DECEMBER FOR THREE COUNCIL MEMBERS.
Mayor Garren said we do have adequate funds to cover this.
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes:
Abstain :
Nays :
Moti o n camed.
(v)
Council Members Barrentine , Moore , Bradshaw. Garrett. Wolosyn,
Woodward
Council Member Tomasso
None
Council Member Wolosyn:
I . She said I would like to congratulate Leigh AM . The calendar looks beautiful. It looks great. The
colors are so close to the originals, very nice. Job well done ... as always .
2. She said Ray and I were at the mectina on Dartmouth and I kept John in the loop ... regarding the
traffic . I look forward to seeing how that progresses also in the minuies because I know they were aoina to
come to ET AC.
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Enalewood City Coundl
November 15, 2004
hie 11
13 . City Mauser's Report
(a) City Manager Sears said I just want to follow up with what Olga said ... that Leigh Ann and
her staff did a wonderful job with the calendar. Thanks to Council for your support, he said, and I want to
wish everyone a Happy Thanksgiving.
14. City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council .
15 . AdJournment
RRETT MOVED TO ADJOURN . The meeting adjourned at 8: 15 p.m.
·/1f4
1.
2.
3 .
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 1 S, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. '7; t)r/ ;.v-
Invocation. ~
Pledge of Allegiance. ~
0
4. Roll Call. dJj '7 ~
5. Consideration of Minutes of Previous Session.
/JtJ!>d ~/ Minutes from the Regular City Council meeting of November 1, 2004. ~
CWi.nJAJ : Ma.\
6 . Recognition of Sched~ Public Comment. (Please limit your presentation to ten minutes.)
a. City Council will recognize the 15 student artists whose artwork is loduded in the 2005
Englewood Calendar.
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time
for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to
General Di sc ussion .)
fl. /J/All t. WM'/ ~ LJ.J)DJIW. AJJ•11.+11fM) t> '411 ftetlrff JJRIAJlt/kf
8 . Communica tions, Proclamations, and Appointments.
ff
Consen t Agenda It ems .
a. Appro,al of Ordinances on First Reading .
{), '' /di) @) i. Reco mmendation from the Library Department to approve by resolution the Englewood
f()&{)lt I) -Publi c Library's "Win ter Food for Fines• program from Monday, November 29 through
...
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· 1-0 Sunda , December 12 , 2004. STAFF SOURCE: Hank Lona. Director ol Libn,y -~a..~~
~~U:.t-1
Please note: If ·ou h.i\e a disabilil)• and need auxiliaty aids or services, please notify the City of Englewood
(3 03-762-2 405) at least 48 hours in advilnee of whffl services are needed. Turi you.
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Englewood City Council Agenda
November 15, 2004
Page 2
b . Approval of Ordinances on Second Reading. ' ··~f ftj°"°"'
1 O. Public Hearing Items. (No Public Hearing Scheduled.)
ft
11 . Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
ff
b. pproval of Ordinances on Second Reading. , / • •
&hJ 7-0 -.AUl1Jd ~IIJ/IJMJt_ /1 Ir I ii ii l /II .,,...ti -rr" tJtJ,,1-, (RO ounc1 ill No. 53 approving tielioo5 Budget for die c!.1y offnglewood.
{flJ;J, &'/ Council Bill No. 54 appropriating the 2005 Budget for the City of Englewood.
,,.... 1 11.1_ iii . Council Bill No. 59, approving a refunding of the Marks Apartments Variable Rate
V ~IP).. Demand Multifamily Housing Revenue Bonds, Series B of 1985.
1n J,/fi,,.· i~. Council Bill No. 61 approving the 2005 Budget for the Englewood/Littleton
V C.« fP 3 ' Wastewater Treatment Plant.
ti'\ ,J 11.../JLV ,. Council Bill No. 62 appropriating the 2005 Budget for the Englewood/Littleton
V i«,,r-1P7 Wastewater Treatment Plant.
c. Resolutions and Motions.
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12 . General Discussion :
a. Mayor's Choice.
b . Council Member's Choice.
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment. cf'./5~
APP'D 6--0-1
(ABSTAIN : TOMASSO)
WOLOSYN MOVED TO APPROVE THE
COST OF CY.. CLASSES FOR,.
RETROACTIVELY 2 AND PROACTIVEL Y 3
The following minutes were transmitted to City Council between October 29 and November 11, 2004.
• Keep Englewood Beautiful Commission meeting September 14, 2004
Please note : If you ha e a disability and need aux~iary aids or services, plffse nolify lhe City of Eflllewood
(3 03 -762 -2 405 ) at least 48 hours in advance of when set'Vices are needed. Think
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
November 1, 2004
I. Call to Order
The regular meeting of the Englewood City Council was called lO order by Mayor Garrett at 7:30 p .m .
2. Invocation
The invocation was given by Council Member Barrentine.
3 . Pledge or Alleglanc:e
The Pledge of Allegiance was led by Mayor Garrett.
4. Roll Call
Present:
Absent:
A quorum was present.
Also present:
Council Members Tomasso, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
Council Member Moore
City Manager Scars
City Attorney .Brotzman
Assistant City Manager Aaherty
City Clerk Ellis
Director Olson, Safety Services
Director Gryglewicz. Finance and Administrative Services
5. Consideration or Minutes or Previous Selllion
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2004.
Mayor Garrett asked if there were any comments, corrections or discussion. There were none.
Vote results:
Ayes: Council Members Barrentine. Bradshaw. Garrett, Wolosyn.
Woodward, Tomasso
Nays: None
Absent: Council Member Moore
Motion c arried .
6. Recognition or Scheduled Public Comment
There we re no scheduled visitors.
7. Recognition orUnscbeduled Public c-nt
There were no unscheduled visitors.
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Englewood City Councll
November 1, 2004
Pagel
(a) A proclamation declaring November I, 2004 as National Family Literacy Day was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING NOVEMBER 1, 2004 AS NATIONAL FAMILY LITERACY DAY.
Motion carried .
Ayes : Council Members Barrentine, Bradshaw , Garrett. Wolosyn,
Woodward, Tomasso
Nays: None
Absent: Council Member Moore
9. Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional iierns submitted for approval on first reading. (See Agenda Item I I (a).)
(b) Approval of Ordinances on Second Reading
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I), (U) and (Ul).
(i) ORDINANCE NO. 56, SERIES OF 2004 (COUNCIL BILL NO . 56, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING SUPPLEMENT NO. 157 TO THE SOUTHGATE SANITATION DISTRICT
CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES .
(ii) ORDINANCE NO. 57. SERIES OF 2004 (COUNCIL BILL NO. 57 , INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING SUPPLEMENT NO. 158 TO THE SOUTHGATE SANITATION DISTRICT
CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES .
(iii) ORDINANCE NO. 58. SERIES OF 2004 (COUNCIL BILL NO . 58, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO. AND Tlf\,1 CZARNEK FOR GAS, ELECTRICAL AND WATER LINE CROSSING OF THE CITY
DITCH.
Vo te results:
Ayes :
Nays :
Absent :
Mot ion carried .
Council Members Barrentine, Bradshaw , Garrett, Wolosyn,
Woodward. Tomasso
None
Council Member Moore
(c) Resolutions and Motions
There were no additional resolutions or motions submi tted for approval . (See Aaezida Item 11 (c).)
IO . Public Hearin& Imm
Mayor Garrett sai d we will receive public comme111 on Council Bill No . 59 approvina a refundina of the Marts
Apartments Variable Ra1c Demand Multifamily HOlllin& Revenue 8oDda. Series B of 1915.
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Englewood City Council
November 1, 2004
Page3
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(a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RECEIVE
PUBLIC COMMENT ON COUNCIL BILL NO. 59, APPROVING A REFUNDING OF THE MARKS
APARTMENTS VARIABLE RA TE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES B
OFl985.
Ayes :
Nays:
Absent:
Motion carried .
Council Members Barrentine, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
Council Member Moore
Director Gryglewicz said we have scheduled this time to receive public comment, which is required by the tax Jaw,
in the matter of the refunding of the Marks Apartments Variable Rate Demand Multifamily Housing Revenue Bonds
that will go on second reading on November 1s•.
Mayor Garren asked are there any questions for Mr . Gryglewicz.
Council Member Bradshaw said what is the amount of money the City will gain by this? Mr . Gryglewicz said the
City will receive approximately $15,000.00, plus direct out of pocket eitpenses. That includes the anorneys' fees .
Mayor Garren asked are there any more questio,s for Mr . Gryglewicz . There were none .
Mayor Garren asked if there was anyone else who would care to comment on this . There was no one.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE PUBLIC
COMMENT ON COUNCIL BILL NO. 59, APPROVING A REFUNDING OF THE MARKS
APARTMENTS VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES B
OF 1985.
Ayes :
Nay s:
Absent:
Mo1ion carried .
Council Members Barrentine , Bradshaw , Garrett. Wolosyn,
Woodward, Tomasso
None
Council Member Moore
11 . Ordinances, Resolution and Motloas
(a) Approval of Ordinances on First Reading
(i) Director Gryglewicz presented a recommendation from the Deparimem of Finance and
Adm inis tr ative Servic es IO adopt a bill for an ordinance approving the 2005 Budget for the City of Engl ewood . He
said th e only speci fi c comment I am going to make is on the General Fund . For the 2005 Budget, the total sources
of fu nd s 1s at $34.5 09,485 .00. The total uses of fund s is $35,402 ,724 .00 and that is going to leave an unreserved
fu nd ba lance of $3,7 06,482.00. whic h is 10.9 percent of tolal revenues . The total appropriation for the year is going
to be $35 ,402.72 4.00 . '
Mayor Garren asked if there were any questions for Mr. Gryglewicz .
Counci l Member Woodward said under Section 7 of the Enterprise Funds ... the Watec Fund ... under the revenues ,
docs th at incl ude the ra1e increases that are being proposed. Mr . Gryglcwicz said that does include the rate
increase s M r Woodward sa id it does? Mr . Gryglewicz sai d yes. Mr . Woodward said okay, thank you.
Ma yor Garrct1 11Skcd if there were any other questions for Mr . Gryglewicz . There were none .
CO UNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a ) (I) • C O NCIL BILL NO. 53.
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Englewood City Council
November 1, 2004
Page4
C OUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER WOWSYN
D
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO,
FOR THE FISCAL YEAR 2005 .
Mayor Garrett asked if there was any discussion. There was none.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
Council Members Bradshaw, Garrett, Wolosyn, Woodward, Tomasso
Council Member Barrentine
Council Member Moore
Council Member Barrentine said I would lilce to say that I think there has been a lot of worlc done to balance this
budget and we are certainly moving in the right direction, but we are not presenting a balanced budget and we need
to.
(ii) Director Gryglewicz presented a reco111111C11dation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance appropriating the 2005 Budget for the City of Englewood.
He said this bill for an ordinance actually permits the spending of funds and, as I mentioned in the previous bill, the
General Funds total appropriation is $35,402,724.00. And, I only mention the General Fund because that is the
Fund which provides most of the general services for the community including police, fire, public works, recreation
and so I mention that and the rest of those are included in this bill for an ordinance .
Mayor Garren asked if there were questions for Mr . Gryglewicz on the appropriation. 'There were none.
COUNCIL ME.\IBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM
11 (a) (U) • COUNCIL BILL NO. 54.
COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR AU. MUNICIPAL PURPOSES IN THE
CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I. 2005, AND
ENDING DECEMBER 31, 2005, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION
BILL FOR THE FISCAL YEAR 2005.
Mayor Garren asked if there was any discussion . There was none.
Vote results:
Motion c arried .
Ayes:
Nays:
Absent:
Council Members Bradshaw, Garren. Wolosyn. Woodward, Tomasso
Council Member Barrentine
Council Member Moore
(i ii ) Director Gryglewicz presented a recommendation from the Department of Finance and
Admi nis trati ve Services to adopt a bill for an ordinance approvin1 the 2005 Budaet for the Littleton/Englewood
Wastewater Treatment Plant. He said the beginning funds iivailable for this Fund are SI IS.674.00, which is also the
budgeted ending funds available. They are looking at total sources of funds for 2005 of $42,048, I 34.00 and total
uses of fu nd s in the same amount.
Mayor Garren asked if there were any questions for Mr. Grygl~wicz. 'There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM
11 (a) (W) -COUNCIL BILL NO. 61 .
CO C lL BILL NO. 61 , INTRODUCED BY COUNCIL MEMBER BRADSHAW
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Englewood City Council
November 1, 2004
( Pages
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT FOR THE ASCAL YEAR 2005.
Mayor Garren asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes:
Nays :
Absent:
Council Members Barrentine, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
Council Member Moore
{iv) Director Gryglewicz presented a recommendation from the Department of Finance and
Administrative Services to adopt a bill for an ordinance appropriating the 2005 Budget for the Littleton/Englewood
Wastewater Treatment Plant. He said the total appropriation for 2005 for the Littleton/Englewood W astcwatcr
Treatment Plant is $42,048,134.00.
Mayor Garren asked if there were any questions for Mr. Gryglewicz. There were none .
COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (Iv) -COUNCIL BILL NO. 62.
( COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER WOWSYN
A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE UTI1.ETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT PURPOSES IN THE ASCAL YEAR BEGINNING JANUARY I. 2005,
AND ENDING DECEMBER 31, 2005 , CONSTITlITING WHAT IS TERMED THE ANNUAL
APPROPRIATION BILL FOR THE ASCAL YEAR 2005 .
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes:
Nays :
Absent:
Motion carried.
Council Members Barrentine, Bradshaw, Garrett. Wolosyn,
Woodward, Tomasso
None
Council Member Moore
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 60, authorizing the issua.,ce of general obligation bonds for various
Water Fund Capital Projects was considered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I) • ORDINANCE NO. 59.
ORDINANCE NO. 59. SERIBS OF 2004 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS. SERIBS 2004, TO ANANCE THE CONSTRUCTION OF IMPROVEMENTS TO THE
CITY 'S WATER SYSTEM AND AUTHORIZING THE LE Y OF PROPERTY TAXES. IF NECESSARY . TO
PAY SU H BONDS; PROVIDING THE FORM OF THE BONDS AND OTHER DETAILS IN CONNECTION
THEREWITH. AND APPRO iNG DOCUMENTS RELA TINO TO THE BONDS.
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Englewood City Council
November 1, 2004
Page6
Mayor Garren asked if there was any discussion . There was none.
Vote results:
0
Ayes: Council Members Barrentine, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
Absent: Council Member Moore
Motion carried.
(c) Resolutions and Motions
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEMS 11 (c) (I), (ll) and (W).
(i) RESOLUTION NO. 97, SERIES OF 2004
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF
ENGLEWOOD, COLORADO .
(ii) RESOLUTION NO. 98, SERIES OF 2004
A RESOLlITION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF
ENGLEWOOD . COLORADO .
(iii) RESOLUTION NO . 99, SERIES OF 2004
A RESOLlITION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE
CITY OF ENGLEWOOD, COLORADO.
Mayor Garren asked if there was any discussion. There was none.
Vote results:
Ayes :
Nays :
Absent :
Motion carried .
12. General Discussion
(a) Mayor's Choice
Council Members Bradshaw, Garrett. Wolosyn, Woodward. Tomasso
Council Member Barrentine
Council Member Moore
Ma yor Garrett did not have any matters to bring before Council.
(b) Council Members ' Choice
(i) Council Member Bradshaw said I wu under the impression that if wc VOie no, that wc
need to explain ourselves . Is that Council rules or is that just councsy?
City Attorney Brotzman said that is actually under your Council policy . Ms . Bradshaw said it is under Council
policy, okay .
Counci l Member Barrentine said can I explain? Ms . Bradshaw uid yes, if you will. Ms . Banmline said I will have
10 e~plai n them separately. I wu a little surprised that we did !IOI vote on them scpamely. For the City Manaaer
the reason that I voted no was because (I) I have a linle bit of a problem with the proceu that we UIC and (2) I think
11 is inappropriate for a profCSllional to hold out money in that sum u a retention. We certainly -people IO ai-1
and ppl for other posiu ns while they work here. so I don't think it is useful and as a profeuioaal I don't think it
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Englewood City Council
November 1, 2004
Page7
is appropria te for us to put them in a position whctc we arc dangling money in front of them in order for them just to
stay . So that is why I voted against that one. I misund erstoo d Dan 's . I did talk to him and told him that I would be
voting against it , but I thought we were doing a 12% increase and that was not the case. So the amount of money
that we ended up with is something that I agreed with and I would have voted yes for that one . For the Judge, while
we have someone who is an elected official, once again I have a huge problem with the process of us just receiving
information on what other municipalities pay . We are giving our judge the same compensation in a community of
32 ,000 people as the judge makes in Aurora, with a population of 290,000. That should not be the goal . I think it is
inappropriate. So Judge Vince Atencio 's salary increase to $106,000.00 was part ofmy no vote.
(ii) Council Member Woodward :
1. He said I was a volunteer at our Tire and Leaf Pickup last Saturday. We are going to have it again this
Saturday . It would be Englewood 's turn. We do this with Littleton. We are expecting a lot of wet leaves this week .
If anyone here is going to be there volunteering , make sure to bring your gloves and wet wipes .
2 . He said just a reminder to everybody that tomorrow is our opportunity to exercise one of our main
rights ... that is voting . Hopefully everybody will get out there and exercise that right.
Council Member Bradshaw said where is this on Saturday? Mr . Woodwud said it is at the comer of Zuni and
Belleview. It is on a lot there . There will be a big Eagle Waste Management truck there collecting the leaves and
some stacks of tires .
(iii) Council Member Wolosyn said I don't have anything in particular except that I would
like to comment on the salaries. I think each one of us approaches the way we make these detaminations
differently . As I think it was discussed, it is a combination of performance, wary comparisons and also the cost of
replacement. We have a lot of profeuionals who dedicate a lot of time and expertise to our community. It is part of
our duty to the community to keep people here and to compensate them in a manner tbal makes them Wini to Slay in
public service .
13 . City Ma1111pr'1 Report
City Manager Scars did not have any maners to bring before Council .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
RREIT MOVED TO ADJOURN . The meeti ng adjourned at 7:46 p.m .
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DOUGLAS:
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Student Artist Recognition
2005 Calendar
November 15, 2004
s Good evening and welcome.
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s Honoring students whose artwork Is showcased in the 2005 Englewood
Calendar.
s Each year, the City holds an art contest that is open to all students who live
or go to school In Englewood.
s This year, we received nearly 150 entries, and 15 of those pieces were
chosen for the calendar.
s Thank parents and art teachers for their support of these talented artists.
s Thank Selection Panel:
< Mayor Pro Tern Olga Wolosyn
< City Council Member Beverly Bradshaw
< City Council Member Ray Tomauo
< Chair of the Cultural Arts Commlulon, Eric Bertoluzzl
< Members of Cultural Arts Commlulon:
< Mary Lynn Baird
< Kate Dulaney
< AmyLaug_.n
< Janet Moore
< Donna Schnitzer; and
< Maggie Stewart
< Dave Mitchell, Mitchell Design
< Rodney Lontlne, Executive Director of the Museum of outdoor Arts
< Meredith Wortzel, Program Coordinator for the Museum of Outdoor Arts
< Susan KNne, PEAK Coordinator (Progressive Education in Art & Academics
for Kids)
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s Thank Sponsors:
< Museum of Outdoor Arts
< A & B Custom Framing
< The Preaworks
< Colonial Bank
< MIiier Weingarten Realty
< Office Depot
< Telecom Services, Inc.
< Greater Englewood Chamber of Commerce
< Mlle High Coffee
< Pirates Cove
< Hobby Lobby
< Einstein Bros. Bagels
s We're returning artists' artwork this evening -matted and framed.
s Artists will also receive a gift card to Hobby Lobby -to buy art supplies.
s Introduce Olga, Bev• Ray -they'll help with the presentation.
s Ask artists to come forward as their names are called.
s Ask artists to gather after the recognition for a group photograph In lobby
outside Councll Chambers.
21Ji · And the 2005 calendar artists are ...
1. Kirstyn [KEER-STIN) LeCavaller a 1st Grader at Maddox Elementary. Kirstyn's
piece, entitled "Round Elephant," appears on the cover of the calendar ..
,lfi:
2 . There are two artists featured In January:
-Jenica Gutierrez and Tyler DeHun [Da HON], both 2nd Graders at
Maddox Elementary . Their artwork Is entitled "Penguin on lee.•
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3. Patrick Cell, an 11th Grader at Humanex Academy. Patrick's artwork, entitled
"The Duomo," appears in February.
JlEll:
4. Mlssl Meers, a 7"' Grader at All Souls School. Missi's artwork, "Pink Flying
Squirrel" appears in March.
Q)JiA:
5. Curtis Bodlker, a 2nd Grader at Maddox Elementary. Curtis' piece, "PNcock,"
appears in April.
JlEll:
6. Elizabeth Cloutier, a 5th Grader at Clayton Elementary School. Elizabeth's
artwork, "Cool C.t," appears in the month of May .
.Q.LiA:
7. Jeffrey Donahoo, a 41t1 Grader at Clayton Elementary School. Jeffrey's artwork,
"Tit• Collafle of C.kes," appears in June.
JlEll:
s. Anny Archibald, a 2nd Grader at All Souls. Anny's artwork, "Downward "°flflle, •
appears in July .
.Q.LiA:
9. Mia MIiier, a 2nd Grader at Charles Hay Elementary. Mia's piece, "Pretty Petals,"
appears in August.
an:
10. Natasha Fish, an 8th Grader at Solid Rock Enrichment Program. Tasha's artwork,
"n.....'s • Snail In my Shoel" appears In September.
3
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mJiA:
11 . Two artists featured In October:
Cherl9h Headley and Sara Hyde, both 1 • Graders at Maddox Elementary.
Their artwork Is entitled "TIN NOMter UnNr Ny Bed."'
Jllll:
12. Sannah [SANNA] Pham [FAM], a 3rc1 Grader at Clayton Elementary. Sannah's
artwork appears In November.
m.fiA:
13. Our artlat for the month of December Is Abruh Griffin, Is a 6111 Grader at
Goddard Middle School. Abreah's artwork, "I'm ,._,,,,,, 81ue, • was created last
year when she attended Clayton Elementary.
DOUGLAS:
s CongratulatloM to artlat8.
s Thanlce for coming this evening to help ua recognize thw talenl9d artlat8.
s Another round of applauN.
s C.lendan available on the table In the baclc of the room.
s Reminder -group photograph In the lobby outside Council Chambers.
4
Jeanne Kelly
From:
Sent:
To:
Subject:
FYI
Lou Ellis
Wednesday, November 10, 2004 3:51 PM
Jeanne Kelly
FW: Monday's Artist Recognition
Leigh Ann thought this might help with our minutes.
····-Original Message---
fnlm: Leigh Ann Hollhlnes
Sent: WedMmay, No\lember 10, 2004 3:06 PM
To: Lou Elis
Subject: FW: Monday's Artist Recogrillan
Maybe this'll help ...
Leigh Ann Hoffhines
Englewood City Manager's Office
-·--Original Message--
From: Leigh Ann Hol'lhlnes
Sent: Wednesday, November 10, 2004 2:46 PM
To: Douglas Garrett; Olga Wolosyn; Beverly Bradshaw; Ray Tomasso
Cc: Gary Sears
Subject: Monday's Artist Recognition
Good afternoon -Thanks for offering to help out with the calendar artist recognition on Monday
{11.15.04). I'll have the framed artwork displayed In front of the dais Monday night so everyone can see
it before we hand It back to the artists. We'll also have plenty of the 2005 calendars on hand for the
attendees.
The recognition will be similar to last year's:
Douglas will do a brief intro
• Bev & Olga will take turns calling the artists up
• Ray will hand the artwork back and shake hands with the artists as they're called up. (Maybe you'd
all like to shake their hands?)
Douglas will finish up w ith thanks and a round of applause.
Ray •• if you'd like a speaki ng part, that can be arranged ...
Feel free to call if you have any questions or suggestions. (I'm out of the office Thursday & Friday, but will
be back Monday .)
Thanks aga i n for your help ! Leigh Ann
11.15
cognition .doc (73
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PUBLIC COMMENT ROSTER
DATE: November 15, 2004 '
i PLEASE LIMIT YOUR PREUNTATION 10 PIVE ......
PLEASE PRINT
• •
COUNCIL COMMUNICATION
'
Date: Agenda Item: Subject:
November 15 , 2004 9 a i Englewood Public Library's
"Winter Food for Fines "
Initiated By: Staff Source:
Library Department Hank Long. Director of Library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Library has sponsored this popular program for the past 14 years, and each year the City
Council has voiced its support. In 2003, the annual Food for Fines program was expanded to twice
a year at the request of the Library Board, and subsequently approved by City Council, for two
weeks during the summer as well as two weeks at the end of the calendar year as a way to mitigate
the increase in Overdue Library Fines and as a way to encourage the timely return of EPL materials
so that they can be used by more people. The two weeks of the Summer Food for Fines program
covers the last week of the public school year and the first week of vacations, a time during which
students and teachers are cleaning out their desks and lockers in preparation for the summer break
and numerous overdue Library materials are 'miraculously' discovered, whereas the two weeks of
the Winter Food for Fines program traditionally covers the period in between the Thanksgiving and
Christmas holidays. Historically, each of these two biannual events averages $1 ,000 -$1 ,500 in
donated iood items for the Interfaith Community Services iood bank .
RECOMMENDED ACTION
The Library D epa rtm ent recommends City Council approval of a Resolution authorizing the Library
Department to implement its 2004 Winter Food fo r Fines program from Monday, November 29
thro ugh Sunday, December 12 .
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
Since 1990, the Englewood Public Library has pro ided its "Food for Fines · program as a way for"
th ose patrons , ith fines on their ove rdue EPL ma t erials to "pay " them off through the donation of
non-perishable food items that, in turn, benefit local area families . Following last ear 's increase in
maximum Overdue Fines from $:! to SS , th e Library Board requested that the number of food item s
required to pa y off a smgle O erdue c harge also be increased beginning wi th th e :!004 Winte r
Food fo r Fines program, e.g. it now takes two iood items to ca nce l o ut th e la te charges (not lost or
damaged charges ) on one o, erdue item . The e tood it ems must be presen ted to th e L1brarv Staff at
the Circula tion Desi.. in o rder for the fines to be cleared from the pa tron 's computer record . The
coll ec ted lood Item~ are th en romarded to Interfaith Community Services for their ·fo d bank"
distribution to r111ancia ll, d1sad, antaged families 111 the Engle, ood area . This program has been
warml rece1, ed b, th e publi c s111ce us 111 eptlon. and Library pa trons now loo!.., mard to 11 as a
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way of helping others while relieving their own financial obligations. Thus, the program presents a
positive image of the Library and the City and is a "win-win" situation for everyone involved.
FINANCIAL IMPACT
• Since its inception, this program has raised an estimated $19,800 in donated food items to
assist needy families in the Englewood area.
• The money that the Library collects each month in "late charges• (i.e. charges on books and
other EPL items returned past their original "due date" and past the 3-day "grace period")
goes to the City's General Fund. These revenues traditionally drop about 50% during each
of the Library's two-week Food for Fines programs, but the loss is more than offset by the
"good will" this program generates among Library patrons and by getting the Library
materials back on the shelves so that others can use them.
LIST OF ATTACHMENTS
Proposed Resolution .
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO
IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM MONDAY,
NO~ 29, 2004 THROUGH SUNDAY, DECEMBER 12, 2004.
WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program during
the November/December holidays for the past fourteen years; and
WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay" them
off through the donation of non-perishable food items; and
WHEREAS, the food items are then forwarded to the Interfaith Community Services for
distribution to financially disadvantaged families in the Englewood area; and
WHEREAS , the program is a benefit to the community in that the disadvantaged are assisted
and the air cleared with respect to tines and the City receives its library materials back;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section J. The Englewood City Council hereby authorizes the Englewood Public Library's
implementation of the annual "Food For Fines" program from November 29, 2004 through
December 12. 2004. The "Food For Fines" will then be forwarded to the Interfaith Community
Services for distribution to financially disadvantaged families in the Englewood area.
ADOPTED AND APPROVED this 15th day of November, 2004.
ATTEST : Douglas Garrett, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis. City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ . Series of 2004 .
Loucrishia A. Ellis, City Cleric
ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 53
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD,
COLORADO, FOR THE FISCAL YEAR 2005.
WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the
City of Englewood, Colorado, a budget for the fiscal year 2005 was duly submitted by
the City Manager to the City Council on September 3, 2004; and
WHEREAS, a public hearing on said budget was held by the City Council within
three weeks after its submission at the meeting of the City Council on September 20,
2004. Regular notice of the time and place of said hearing was published within seven
days after submission of the budget in the manner provided in the Charter for the
publication of an ordinance; and
WHEREAS, the City Council of the City of Englewood has studied and discussed the
budget on numerous occasions; and
WHEREAS, it is the intent of the City Council to adopt the 2005 budget as now
submitted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That the budget of the City of Englewood, Colorado, for the fiscal year
2005, as submitted by the City Manager and duly considered by the City Council after
public hearing, be and hereby is adopted as the budget for the City of Englewood for the
fiscal year 2005.
Section 2. GENERAL FUND 2005 BUDGET
Total Fund Balance, Jamiary I, 2005 $ 5,896,328
Revenues Sales/Use Tax 20,718,171
Property and Specific Ownership Tax 2,777,719
Franchise/Occupation/Cigarette Tax 2,502,500
License/Permits 776,056
Intergovernmental Revenue 1,305,552
Charges for Services 2,255,485
Cultural & Recreation 2,122,087
Fines & Forfeitures 1,378,147
Miscellaneous 214,225 Total Revenues $ 34,049,942
Other Financing Sources 4S9,S43 Total Sources of Funds $ 34,509,485
-1-
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Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Development
Libruy Services
Parks and Recreation Services
ContioUPGies
Debt Service
Toca.I Uses of Funds
Total Fund Balance, December 31, 2005
Sqtjoo 3, DEBT SERVICE FUNDS
Gpq1 Qblil#iPP Bond Fund
Fund Balance, January 1. 200S
Reveaues
hpeoditures
Fund Balance , December 31, 2005
bxin1 Djstric1 #35
Fund Balance , January 1, 2005
Re venues
Expenditures
Fund Balance , December 31, 200S
Pavio& Dismc1 #38
Fund Balance, January 1, 2005
Rc"cnue
E pcnditur
Fund c, Dec mber 31, 2005
-2-
344,544
677 ,028
898,874
590,206
531,500
1,509,720
1,203,629
4,648,802
14,913,042
1,514,203
1,171,111
5,137,250
210 137
2 QS2.678
S 35,402,724
S 5,003,089
s 80,088
s 1,002,000
s 1,006,220 s 75,868
s < S8,269>
s 35,033
s 7,77S
s <31,011>
s 3,669
s 59,258
s 59 ,300
s 3,627
s < 7,61S>
s 4,869
',
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Expenditures $ 3,350
Fund Balance December 31, 2005 $ < 6,096>
S!l!.li!!n1. SPECIAL REVENUE FUNDS
CQnss;rvatiQn Trust Fund . t
Fund Balance, January 1, 2005 $ 296,285
Revenues $ 302,000
Expenditures $ 575,000 " ..
Fund Balance, December 31, 2005 $ 23,285
CQWID!ltl.illl RllYQlvinii L!!i!n l:Jmd
Fund Balance, January I, 2005 $ 201,559
Revenues $ soo
Expenditures $ 30,500
Fund Balance, December 31,. 200S $ 171,559
C!!mm1mi~ ~sivsil!!12msin1 fund
Fund Balance, January 1, 2005 $ ..().
. .
Revenues $ 432,176
Expenditures $ 432,176
Fund Balance, December 31, 200S $ -0-
P!!nQrs Fund
Fund Balance, January I, 2005 $ 363,420
Revenues $ 136,250
Expenditures $ 139,150
Fund Balance, December 31, 200S $ 360,520
Mi!ll!ly Cs;nts;r Trust Fund
Fund Balance, January 1, 200S s 205,276
Revenues $ 3,000 • •
Expenditures s 200,000
Fund Balance, December 31, 200S s .2 76
-3-
Parks and Recreation Trust Fund
Fund Balance, January I, 2005
Revenues ·
Expenditures
fund Balance, December 31, 2005
Special Assessment suw)us & Deficiency Fund
Fund Balance, January l, 2005
Revenues
Expenditures and Transfers
Fund Balance, December 31, 2005
OJ)Cn Space Fund
Fund Balance , January I, 2005
Revenues
Expenditures and Transfers
Fund Balance, December 31, 2005
Section s, CAPITAL PROJECT FUNDS
Public Improvement Fund
Fund Balance, January l, 2005
Revenues
Expenditures and Transfers
Fund Balance, December 31, 2005
Ci!pital Projects Fund
Fund Balance, January l, 2005
Revenues and Transfers In
Expenditures
Fund Balance, December 31, 2005
Section 6, INTERNAL SERVICE FUNDS
Servicentcr Fund
Fund Balance , January I , 2005
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$ 84,262
$ 14,000
$ 10,777
$ 87,485 '
$ 50,027
$ 200
$ 26,000
$ 24,227
$ 500,000
$ 502,000
$ 885,000 0
$ 117,000
$ 376,765
$ 2,801,026
$ 3,005,978
$ 171,813
$ 454,501
$ 847 ,835
$ 942 ,835
$ 359,5 0 1
• •
$ 602,040
Revenues s 1,513,923
Expenditures s 1,519,029
Fund Balance, December 31, 2005 s 596,934
C1.12itlll Eg1,1iRmlml E!lRIW.!lm!lDl l:1,1od
Fund Balance, January 1, 2004 s 1,243,136
Revenues s 760,272
Expenditures s 1,432,697
Fund Balance, December 31 , 2005 s 570,711
Risk Maoas1:m1:n1 Fwui
Fund Balance, January 1, 2005 s 401,208
Revenues s 1,131,641
Expenditures s 1,120,586
Fund Balance, December 31, 2005 s 412,263
EmRIPY!l!l 81:01:fits Fund
Fund Balance, January I, 2005 s 242,672
Revenues s 4,482,145
Expenditures s 4,479,002
Fund Balance, December 31 , 2005 s 245,815
Central Smic,s Fund
Fund Balance, January 1, 2005 s 233,748
Revenues s 325,000
Expenditures s 377,094
,
Fund Balance, December 31, 2005 s 181,654 .
Section 7 . ENTE RPRISE FUNDS
Water fond
Fund Balance, January I, 2005 s 2,326,170
Revenues s 6 ,637,572 •
Expenditures $ 8,575,934
-5-
Fund Balance, December 31, 2005 s 387,808
Sewer Fund
Fund Balance, January I, 2005 s 50,172,925
Revenues s 8,595,318
Expenditures s 27,543,909
• t Fund Balance, December 31, 2005 s 31,224,334
Stonn Pcainase Fund
Fund Balance, January I, 2005 s 462,534 ..
Revenues s 308,000
Expenditures s 401,842
Fund Balance, December 31, 2005 s 368,692
Golf Course Fund
Fund Balance, January I, 2005 s 708,290
Revenues s 2,185,545
Expenditures s 1,902,789
Fund Balance, December 31, 2005 s 991,046 .
Concrete Utility Fund
Fund Balance, January I, 2005 s 475,463
Revenues s 579,125
Expenditures s 702,997
Fund Balance , December 31, 2005 s 351,591
Ho11~in& Ri.bD,bililillion Fund
Fund Balance, January I, 2005 s 1,019,789
Revenues s 1,062,000
Expenditures s 1,062,000
Fund Balance, December 31, 2005 s 1,019,789 • •
Section 8. That the said budget shall be a public record in the office of the City
Clerk and shall be open to public inspection . Sufficient copies thereof shall be made
available for the use of the City Council and the public, the number of copies to be
determined by the City Manager.
Introduced, read in full, and passed on first reading on the 1st day of November, 2004.
Published as a Bill for an Ordinance on the s•b day of November, 2004 .
Read by title and passed on final reading on the 15th day of November, 2004.
Published by title as Ordinance No. __, Series of 2004, on the 19th day of
November, 2004.
Douglu 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 Ordinance passed on final
reading and published by title as Ordinance No. __, Series of 2004.
Loucrishia A. Ellis
-7 -
ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES
IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR
BEGINNING JANUARY I, 2005, AND ENDING DECEMBER 31, 2005,
CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR
THE FISCAL YEAR 2005.
WHEREFORE, City Council and staff held a 2005 budget and goal setting meeting on
April 10, 2004; and
WHEREFORE, a public bearing on the Proposed 2005 Budget wu held September
20, 2004; and
WHEREAS, the operating budgets and Multiple Year Capital Plan for all City
departments and funds were reviewed at a budget retreat held on September 25, 2004;
and
WHEREAS, the Charter of the City of Englewood requires the City Council to
adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later
than thirty days prior to the first day of the next fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectjon 1. That there be and there hereby is appropriated from the revenue derived
from taxation in the City of Englewood, Colorado, from collection of license fees and
from all other sources of revenue including availal>le fund balance during the year
beginning January I, 2005, and ending December 31, 2005, the amounts hereinafter set
forth for the object and purpose specified and set opposite thereto, specifically u
follows :
GENERALFUND
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Development.
Library Services
Parks and Recreation Services
Contingencies
-1-
s 344,544
677,028
898,874
590,206
531,500
1,509,720
1,203,629
4,648,802
14,913,042
1,514,203
1,171,111
5,137,250
210,137
Debt Service -Civic Center
Debt Service -Other
Total General Fund
GENERAL OBLIGATION BOND FUND
Total General Obligation Bond Fund
CONCRETE REPLACEMENT DISTRICT 1995
Total Concrete Replacement District 1995
PAVING DISTRICT #35 DEBT SERVICE FUND
Total Paving District #35 Debt Service Fund
PAVING DISTRICT #38 DEBT SERVICE FUND
Total Paving District #38 Debt Service Fund
CONSERVATION TRUST FUND
Total Conservation Trust Fund
COMMERCIAL REVOLVING LOAN FUND
Total Commercial Revolving Loan Fund
COMMUNITY DEVELOPMENT FUND
Total Community Development Fund
DONORS FUND
Total Donors Fund
MALLEY CENTER TRUST FUND
Malley Center Trust Fund
PARKS AND RECREATION TRUST FUND
Parks and Recreation Trust Fund
-2-
1,578,135
474,543
35,402,724
S 1,006,220
s 3,350
s 7,775
s 59,300
S 575,000
s 30,500
S 432,176
$ 139,150
$ 200,000
$ 10,777
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SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND
Special Assessment Surplus & Deficiency Fund S 26,000
OPEN SPACE FUND
Total Open Space Fund
PUBLIC IMPROVEMENT FUND
Total Public Improvement Fund
CAPITAL PROJECTS FUND
Total Capital Projects Fund
SERVICENTER FUND
Total ServiCenter Fund
CAPITAL EOUIPMENT REPLACEMENT FUND
Total Capital Equipment Replacement Fund
CENTRAL SERVICES FUND
Total Central Services Fund
RISK MANAGEMENT FUND
Total Risk Management Fund
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund
WATER FUND
Total Water Fund
SEWER FUND
Total Sewer Fund
-3-
S 885,000
S 3,005,978
S 942,835
S 1,519,029
S 1,432,697
S 377,094
S l,120,S86
S 4 ,479,002
i 8,575,934
$27,543,909
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STORM DRAINAGE FUND
Total Storm Drainage Fund
GOLF COURSE FUND
Total Golf Course Fund
CONCRETE UTILITY FUND
Total Concrete Utility Fund
HOUSING REHABILITATION FUND
Total Housing Rehabilitation Fund
S 401,842
S 1,902,789
S 702,997
S 1,062,000
Section 2. The foregoing appropriations shall be considered to be appropriations to
groups within a program or department within the fund indicated but shall not be
construed to be appropriated to line items within any groups, even though such line
items may be set forth as the adopted budget for the fiscal year 2005.
Sectjon 3. All monies in the hands of the Director of Finance and Administrative
Services, or to come into the Director's hands for the fiscal year 2005, may be applied
on the outstanding claims now due or to become due in the said fiscal year of 2005.
Section 4. All unappropriated monies that may come into the hands of the Director
of Finance and Administrative Services during the year 2005, may be so distributed
among the respective funds herein as the City Council may deem best under such
control as is provided by law.
Section 5. During or at the close of the fiscal year of 2004, any surplus money in
any of the respective funds, after all claims for 2004 against the same have been paid,
may be distributed to any other fund or funds at the discretion of the City Council.
Introduced, read in full, and passed on first reading on the 1st day of November, 2004.
Publi shed as a Bill for an Ordinance on the 5th day of November, 2004.
Read by title and passed on final reading on the 15'~ day of November, 2004.
-4-
()
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Published by title as Ordinance No._, Series of 2004, on the 19th day of
November, 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 Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 2004.
Loucrishia A. Ellis
-s-
0
ORDINANCE NO .
SERIES OF 2004
0
BY AUTHORITY
COUNCIL BILL NO . 59
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO
EXCEED $8,355,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE
REFUNDING BONDS (MARKS EAST APARTMENTS) SERIES 2004 OF THE CITY OF
ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE
COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY
HOUSING REVENUE BONDS (THE MARKS APARTMENTS) 1985 SERIES B ;
APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A
FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR
AGREEMENT, AND AN AMENDED AND RESTATED LAND USE RESTRICTION
AGREEMENT WITH RESPECT TO THE BONDS AND THE MULTIFAMJL Y HOUSING
PROJECT BEING REFfNANCED WITH THE PROCEEDS OF THE BONDS; MAKING
FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE
BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED
DOCUMENTS ; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT
HEREWITH.
WHEREAS, the City of Englewood, Colorado (the "City") is a duly organized and existing home
rule municipality of the State of Colorado (the "State"), created and operating pursuant to Article XX of
the Colorado Constitution and the home rule charter of the City (the "Charter"); and
WHEREAS, the County and Municipality Development Revenue Bond Act, constituting Article
3 of Title 29, Colorado Revised Statutes,, as amended (the "Act"), authorizes cities and counties in the
State to finance or refinance one or more projects, including any land, buildings or other improvements,
and a ll real and personal properties, whether or not in existence, which shall be suitable for residential
faci liti es for low-and middle-income families or persons and intended for use as the sole place of
residence by the owners or intended occupants to the end that more adequate residential housing facilities
for low-and middle-income families or persons may be provided, which promote the public health,
welfare, safety, convenience and prosperity ; and
WHEREAS, the City is further authorized by the Act to issue its revenue bonds for the purposes
of defraying the costs of financing or refinancing any such project, including all incidental expenses
incurred in is uing such bonds, and to secure the payment of such bonds as provided in the Act; and
WHEREAS. the City has previously made a loan of the proceeds of its Variable Rate Demand
Multifamily !lousing Revenue Bonds (The Marks Apartments) 1985 Series B (the "Original Bonds'') in
the original aggregate principal amount of $18, I 00,000 pursuant to the terms of an Indenture of Trust
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dated as of December I, 1985 between the City and Mellon Bank, N .A ., as trustee (the "Original
Indenture"), to HG Venture II ("HG Venture"), a Texas limited partnership, to provide financing for a
multi-family rental housing development known as the Marks Apartments (the "Project") located within
the boundaries of the C ity, for occupancy partially (as least 20%) by individuals of low or moderate
income within the meaning of and for the period required by Section IOJ(b) of the Internal Revenue Code
of 1954, as amended, all for the public purpose of providing more adequate residential housing facilities
for low-and middle-income families and persons; and
WHEREAS, the Original Bonds were remarkctcd as fixed interest rate bonds effective December
15 , 1993, designated as the City of Englewood, Colorado Multifamily Housing Revenue Bonds (The
Marks Apartments) 1985 Series B (the "Prior Bonds"), in the aggregate principal amount of $11 ,000,000;
and
WHEREAS, the present owner of the Project is Wellsford Marks B Corp., a Colorado co1-poration
("Wellsford"), which corporation is wholly owned by Equity Residential, a publicly traded real estate
investment trust ("EQR''); and
WHEREAS, EQR expects to dissolve Wellsford and transfer ownership of the Project to another
EQR controlled entity to be known as EQR Marks B, L .L.C., a Delaware limited liability company (the
"Owner''), prior to the execution of the documents further described herein; and
WHEREAS, representatives of EQR and Wellsford have requested that the City issue its variable
rate demand multifamily housing revenue refunding bonds pursuant to terms of the Act to refund the Prior
Bonds (the "Refunding Project"); and
WHEREAS, the City has considered the request of EQR and Wellsford and has concluded that
the Refunding Project will assure the continuing provision of low-and middle-income residential rental
facilities, promoting the public health, welfare, safety, convenience and prosperity, and that the City
s h o uld issue it s variable rate demand multifamily housing revenue refunding bonds under the Act to
fin ance a ponion o f th e cost of th e Refunding Project, subject to the conditions set forth herein; and
W HE REA S, the City wi ll issue, sell and deliver its C ity of Englewood, Colorado Variable Rate
Demand M ult ifami ly Housing Revenue R e funding Bonds (Marks East Apartments) Series 2004 (the
"'Bonds"), in an aggregate principal amount not to exceed $8,355,000, pursuant to the terms of a Trust
Indent ure dated as o f Dece mber I , 2004 (the "Indenture") between the City and The Bank of New York.
as tru tee (the "Trustee") to pay a ponion of the cost of the Refunding Project; and
WH EREAS, the Owner will enter into a Financing Agreement, dated as of December I, 2004 (the
·'financing Agreement'") among the City , the Owner and the Trustee pursuant to which the proceeds of
the Bonds M il be loaned to the Owner (the "Bond Mongaae Loan"'); and
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WHEREAS, the Owner will execute a Multifamily Note (the "Bond Mortgage Note") evidencing
its obligation to repay the Bond Mortgage Loan to be delivered upon the order of the City pursuant to the
Financing Agreement to the Trustee; and
WHEREAS, to secure the Owner's obligations under the Bond Mortgage Note, the Owner will
execute and deliver to the Trustee on the date the Bonds are delivered a Multifamily Deed of Trust,
Assignment of Rents and Security Agreement (including Fixture Filing) with respect to the Project; and
WHEREAS, the Owner will cause to be delivered to the Trustee on the date of initial issuance of
the Bonds a direct pay Credit Enhanceme.nt Agreement dated as of December 1, 2004 (the "Credit
Enhancement Agreement") between the Federal Home Loan Mortgage Corporation ("Freddie Mac") and
the Trustee which will provide for (i) draws in an amount equal to certain "Guaranteed Payments" with
respect to the Bond Mortgage Loan and (ii) liquidity draws by the Trustee to the extent rcmarketing
proceeds are insufficient to pay the purchase price of Bonds while the Bonds bear interest at a variable
rate ; and
WHEREAS, to evidence the Owner's reimbursement obligations to Freddie Mac for draws made
under the Credit Enhancement Agreement, the Owner and Freddie Mac will enter into a Reimbursement
and Security Agreement dated as of December 1, 2004 (the "Reimbursement Agreement"); and
WHEREAS, to secure the Owner's obligations under the Reimbursement Agreement, the Owner
will execute and deliver to the Trustee on the date the Bonds arc delivered a Multifamily Deed of Trust,
Assignment of Rents and Security Agreement (including Fixture Filing) (the "Reimbunement
Mortgage") with respect to the Project; and
WHEREAS , the Owner's obligations under the Reimbursement Agreement and the
Reimbursement Mortgage will be cross collateralized with other multifamily housing projects owned by
EQR or its s ubs idiaries; and
WHEREAS, the City has been requested to enter into an lntercreditor Agreement (the
"lntercred it or A greement") in connec tion with Freddie Mac's provision of credit enhancement; and
WHEREAS , the City is authorized by the Supplemental Public Securities Act, Article 57 of Title
11 of Colorado Revised Sta tutes, as amended (th e "Public Securities Act"), to delegate to any of its
me mbers, ch ief execut ive o ffic er, or chie f financ ial officer the a uthority to s ign a contract for the purchase
of sec urit ies o r to acce pt a b inding bid for securities and, in addition, may delegate the following
de terminat ions to s uc h me mber or officer without any requirement that the issuing authority approve such
dete rminations : (a) the ra te o f int erest on securities; (b) the conditions on which and the prices at which
the applicable secur it ies m ay be redeemed before maturity; (c) the existence and amount of any
capitalized in terest or re erve fu nds; (d) the price at which the securities will be sold; (e) the principal
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amount and denominations of the securities; (I) the amount of principal maturing in any particular year;
and (g) the dates on which principal and interest shall be paid; and
WHEREAS, the City hereby determines that it is in the City's best interest to delegate to its
Director of Finance and Administrative Services ("Chief Financial Officer") the powers enumerated in
the Public Securities Act as more specifically provided in this Ordinance; and
WHEREAS, there have been presented to the City Council at this meeting the following
documents: (a) the proposed form of the Financing Agreement, (b) the proposed form of the Indenture, (c)
the proposed form of the lntercreditor Agreement, (d) the proposed form of the Amended and Restated
Land Use Restriction Agreement dated as of December I, 2004 (the "Regulatory Agreement"), by and
among the City, the Owner and the Trustee and (e) the proposed form of Purchase Agreement (the
"Purchase Agreement") among the City, the Owner and Merrill Lynch, Pierce, Fenner & Smith
Incorporated (the "Underwriter").
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Ot' BNGLEWOOD,
COLORADO:
Section I. Legal Authorization . The City is a duly organized and existing home rule
municipality of the State, created and operating pursuant to Article XX of the Colorado Constitution and
the City's Charter and is authorized under the Act to issue and sell its multifamily housing revenue bonds
in the form of one or more debt instruments, such as the Bonds, for the purpose, in the manner and upon
the terms and conditions set forth in the Act, in this Ordinance, and in the Indenture.
Section 2 . Findings. The City Council has heretofore determined, and does hereby
determine, based upon the representations of the Owner, as follows :
(a) The Project is an eligible "project," as defined in the Act.
(b) The issuance of the Bonds will effectuate the public purpo.es of the City and
carry out the purposes of the Act by, among other things, providing residential facilities for low-and
middle-income persons in the City.
(c) The Bonds are special, limited obligations of the City payable solely out of the
income, revenues and receipts specifically pledged pursuant to the Indenture. The Bonds, the premium,
if any, and the interest thereon shall never constitute the debt or indebtedness of the City within the
meaning of any provision or limitation of the State Constitution, State statutes or the Charter, and shall
not constitute nor give rise to a pecuniary liability of the City or a cbuge against its general credit or
taxing power and shall not constitute a "multiple fiscal year direct or indirect debt or other financial
obligation" of the City under Article X, Section 20 of the Colorado Constitution. Neither the State of
Co lorado nor any political subdivision thereof shall be obligated to pay the principal of, premium, if any,
or interest on the Bonds or other costs incident thereto. The Bonds do not constitute a debt, loan, credit or
pledge of the faith and credit or taxing power of the State, the City or any political subdivision thereof.
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Section 3. Authorization of Issuance of Bonds. To defray the cost of the Refunding
Project, there is hereby authorized and created a series of variable rate revenue bonds designated "City of
Englewood, Colorado, Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Marks
East Apartments) Series 2004" in an aggregate principal amount not to exceed $8,355,000. Subject to the
determination of the Chief Financial Officer, the issuance of the Bonds shall be in such principal amounts,
bearing such dates and provisions for determination of variable interest rates and such Bonds shall mature
as set forth in the Indenture. The Bonds shall be payable, shall be subject to redemption or purchase in
lieu of redemption and tender prior to maturity and shall be in substantially the form as provided in the
Indenture. Furthermore, the Bonds shall be payable at such place and in such form, shall carry such
registration privileges, shall be executed, and shall contain such terms and conditions, as set forth in the
Indenture. The maximum net effective interest rate on the Bonds shall not exceed 12.00"/o per annum.
Section 11-57-204 of the Public Securities Act provides that a public entity, including the City, may elect
in an act of issuance to apply all or any of the provisions of the Public Securities Act. The City hereby
elects to apply all of the Public Securities Act to the Bonds .
Section 4 . Sale of Bonds The placement and purchase of the Bonds pursuant to the terms
of the Purchase Agreement be and the same arc in all respects hereby approved, authorized and
confirmed, and the Mayor (or Mayor pro tern) is hereby authorized and directed to execute the Bonds and
the City Clerk is hereby authorized and directed to affix the seal of the City and to attest the Bonds and
each is hereby authorized to deliver the Bonds for and on behalf of the City to the Trustee for
authentication pursuant to the Indenture. The Bonds shall be sold to the Underwriter for the purchase
price as set forth in the Purchase Agreement (subject to the limitations set forth herein).
Section 5. Delegation . Pursuant to the terms of the Public Securities Act, the Chief
Financial Officer is hereby delegated the authority to establish : (i) the terms upon which the interest rate
or rates of the Bonds will be determined and the payment dates therefore, provided that the net effective
interest rate for the Bonds shall not exceed 12 .00%; (ii) the prior redemption provisions for the Bonds,
provi ded , any redemption premium thereon shall not exceed 4% of the principal amount to be redeemed;
(iii ) the original issue discount or premium thereon shall not exceed 4% of the aggregate principal amount
o f the Bonds ; and (iv) the dates on which the Bonds shall mature, including the amounts to mature in each
year, prov ided that, the final maturity date for any Bond shall not be later than December 15, 2034.
Section 6 . Approval and Authorization of Docnment1. The Indenture, the Financing
Agree ment , the Regulatory Agreement. the lntcrcreditor Agreement and the Purchase Agreement be and
the sam e arc in all res pects hereby approved , authorized and confirmed, and the Mayor (or Mayor pro
te m) is here by a uthorized and directed to execute and the City Clerk is hereby authorized and directed lo
affix the ·cal of th e Ci ty and to att es t the Indenture , the Financing Agreement, the Regulatory Agreement,
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the lntercreditor Agreement and the Purchase Agreement in substantially tbe forms and content as
presented to the City on this date, subject to the approval of bond counsel to the City, but with such
changes, modifications, additions and deletions therein as shall to them seem necessary, desirable or
appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all
changes, modifications, additions and deletions from tbe forms thereof as before this date.
Section 7 . AU Action, Heretofore Taken. All actions (not inconsistent with the provisions
of this Ordinance) heretofore taken by the City Council and the officers of the City directed toward the
issuance and sale of the Bonds therefor arc hereby ratified, approved and confirmed.
Section 8 . Compliance with the Act. The following determinations and fmdings arc
hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act:
(a) The maximum amount necessary in each year to pay the principal of and the
interest on the Bonds {based on the maximum net effective interest rates set forth herein, assuming that
interest is paid monthly, and assuming no redemptions) shall not exceed:
Principal
fi!!! Am2.lm! !n!ml1 TuW
2004 $ $ 44,S60 $ 44,S60
. 200S 1,002,600 1,002,600
2006 1,002,600 1,002,600
2007 1,002,600 1,002,600
2008 1,002,600 1,002,600
2009 1,002,600 1,002,600
2010 1,002,600 1,002,600
2011 1,002,600 1,002,600
2012 1,002,600 1,002,600
2013 1,002,600 1,002,600
2014 1,002,600 1,002,600
201S 1,002,600 1,002 ,600
2016 1,002,600 1,002,600
2017 1,002,600 1,002,600
2018 1,002 ,600 1,002 ,600
2019 1,002 ,600 1,002 ,600
2020 1,002 ,600 1,002,600 -
2021 1,002 ,600 1,002,600
2022 1,002 ,600 1,002,ouO
2023 1,002 ,600 1,002,600
2024 1,002 ,600 1,002,600
20 2S 1,002 ,600 1,002,600
2026 1,002 ,600 1,002,600
2027 1,002,600 1,002,600
2028 1,002 ,600 1,002,600
2029 1,002,600 1,002,600
2030 1,002,600 1,002,600
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2031 1,002,600 1,002,600
2032 1,002,600 1,002,600
2033 1,002,600 1,002,600
2034 8,355,000 1,002,600 9,357,600
(b) Pursuant to the Indenture there shall be established certain debt service reserve
funds for payment of the Bonds, which reserves are required to be replenished from time to time, if
necessary, from Revenues (as defined in the Indenture).
(c) In the Financing Agreement, the Owner has covenanted to maintain, or cause to
be maintained, the Project and to carry, or cause to be carried, all proper insurance with respect thereto.
(d) The revenues and other amounts payable under the Financing Agreement are
sufficient to pay, in addition to all other requirements of the Financing Agreement and this Ordinance, all
sums referred to in paragraphs (a), {b) and (c) of this Section and all taxes or payments in lieu of taxes
levied upon the Project.
Section 9. Investments. Proceeds from the sale of the Bonds and special funds from the
revenues from the Refunding Project shall be invested and reinvested in such securities and other
investments specified in, and otherwise in accordance with, the Indenture and Section 29-3 -109 of the Act
and Section 24-75-601.1 of the Public Securities Act.
Section 10 . Authority to Execute and Deliver Additional Docament1. The officers,
employees and agents of the City shall take all action in conformity with the Act, the Public Securities
Act and the Chaner necessary or reasonably required to effectuate the issuance of the Bonds and shall
take all action necessary or desirable in conformity with the Act and the Charter to fmance the portion of
the costs of the Project to be financed with proceeds of the Bonds and for carrying out, giving effect to
and consummating the transactions contemplated by this Ordinance, the Financing Agreement, the
Indenture, the Regulatory Agreement, the Intercreditor Agreement and the Purchase Agreement including
without limitation the execution, delivery and filing of any documents, statements Of repons with the
United States Internal Revenue Service or with the Secretary oflhe United States Treasury or his delegate
necessary to maintain the exclusion of interest on the Bonds from gross income for federal income tax
purposes, the execution of any letter of representation or similar document required of any sec:urities
depository, and the execution and delivery of additional sec:urity documents and any closing documents to
be delivered in connection with the sale and delivery of the Bonds.
Section 11. Bonds an Umlted ObUaatlon1 . The Bonds shall be special, limited obligations
of the City payable solely from the receipts and revenues of the City Wider the Financing Apeemcat that
are s pecifically pledged therefor under the Indenture; the Bonds sha ll never constitute a debt or
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indebtedness of the City, the State or any county, municipality or political subdivision of the State within
the meaning of any provision or limitation of the Constitution or statutes of the State or the charter of any
political subdivision of the State; and the Bonds shall never constitute nor give rise to any pecuniary
liability of, or a charge against the general credit or taxing powers of, the City, the State or any county,
municipality or political subdivision of the State. The Bonds shall not constitute a "multiple fiscal year
direct or indirect debt or other financial obligation" of the City under Article X, Section 20 of the
Colorado Constitution.
Section 12 . No Pecuniary Liability. Nothing contained in this Ordinance or in the Bonds,
the Financing Agreement, the Indenture, the Regulatory Agreement, the Intercreditor Agreement or the
Purchase Agreement or any other instrument shall give rise to a pecuniary liability of, or a charge upon
the general credit or taxing powers of, the City, the State or any county, municipality or political
subdivision of the State. The breach by any party of any agreement contained in this Ordinance, the
Bonds, the Financing Agreement, the Indenture, the Regulatory Agreement, the Intercreditor Agreement
or the Purchase Agreement or any other instrument shall not impose any pecuniary liability upon, or any
charge upon the general credit or taxing powers of, the City, the State or any county, municipality or
political subdivision of the State, none of which has the power to pay out of its general fund, or otherwise
contribute, any part of the cost of refinancing the Project, or power to operate the Project as a business or
in any manner.
Section 13 . No Condemriatlon by City. The City shall not condemn any land or other
property for the Project.
Section 14 . Trustee and Remarketlng Agent. The Bank of New York is hereby appointed
as Trustee and Paying Agent under the Indenture and Merrill Lynch, Pierce, Fenner & Smith
Incorporated , is hereby appointed as Remarketing Agent pursuant to the terms of the Indenture.
Section 15 . Supplemental Ordinances. The City may, subject to the terms and conditions
o f the Indenture , pass and execute ordinances supplemental to this Ordinance which shall not be
inconsistent with the terms and provisions hereof.
Section 16 . Limitation of Rl&hts . With the exception of any rights herein ex pressly
conferred, nothing expressed or mentioned in or to be implied from the Ordinance or the Bonds is
in tended or shall be construed to give to any pe rson, other than the City, the Owner, the Underwriter and
the owne rs of the Bond s, any leg a l or equitable right , remedy or claim under or with respect to this
Ordinance or any covenant s , conditions and provis ions herein contained; this Ordinance and all of the
co venants, conditions and provisions hereof being intended to be and being for the sole and exclusive
benefit of the City, the Owner, the Underwriter and the owners of the Bonds as herein provided.
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Section 17. Pledge of Revenues. The creation, perfection, enforcement, and priority of the
pledge of the Revenues to secure or pay the Bonds as provided herein and in the Indenture shall be
governed by Section 11-57-208 of the Public Securities Act and this Ordinance. The Revenues for the
payment of the Bonds, as received by or otherwise credited to the City, shall immediately be subject to
the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the
Revenues shall have priority over any or all other obligations and liabilities of the City. The lien of such
pledge shall be valid, binding, and enforceable as against all per.ions having claims of any kind in tort,
contract, or otherwise against the City irrespective of whether such persons have notice of such liens.
Section 18. Official Statement The City acknowledges that the Underwriter shall use an
Official Statement in connection with the offering of the Bonds, and the Chief Financial Officer is hereby
authorized to certify as to the accuracy of the information concerning the City contained therein.
Section 19 . Immunity of Officen. Pursuant to Section 11-57-209 of the Public Securities
Act, if a member of the Council, or any officer or agent of the City acts in good faith, no civil recourse
shall be available against such council member, officer, or agent for payment of the principal of or
interest on the Bonds. No recourse for the payment of any part of the principal of, premium. if any, or
interest on the Bonds for the satisfaction of any liability arising from. founded upon or existing by reason
of the issue, purchase or ownership of the Bonds shall be bad against any official, officer, council member
or agent of the City or the State, all such liability to be expressly released and waived as a condition of
and as a part of the consideration for the issue, sale and purchase of the Bonds.
Section 20. Limitations on Actlon1-In accordance with the Act, no action shall be
brought questioning the legality of any contract, financing agreement, mortgage, trust indenture,
proceeding relating to the Bonds or the Bonds, the Refunding Project or the Project on and after thirty
days from the effective date of this Ordinance .
Section 21. Counterparts. This Ordinance may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
Section 22 . Captions. The captions or headings in this Ordinance are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or sections of this Ordinance.
Section 23 . Validity of Bonds . Each Bond shall conlllin a recital that such Bond is issued
pursuant to the Act and the Public Securities Act, and such recital shall be conclusive evidence of its
va lidity and of the regularity of its issuance .
Sec tion 24 . lrrepulablllty. After any of the Bonds are issued, this Ordinance shall be and
re main irrepca labl e until the Bonds and the interest thereon shall have been fully paid, canceled and
d isc harged .
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Section 25 . Severablllty. If any section, paragraph , clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
Section 26. Repealer . All orders, ordinances, resolutions, bylaws, and regulations of the
City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent only of such
inconsistency.
Introduced, read in full, and passed OD first reading OD the 18th day of October, 2004.
Published as a Bill for an Ordinance on the 22nd day of October, 2004.
Corrected publication published as a Bill for an Ordinance oo the 29* day of October, 2004.
Public Comment was held on the I st day of November, 2004.
Read by title and passed on final reading on the 15th day of November, 2004.
Published by title as Ordinance No._, Series of 2004, oo the 19th day of November, 2004.
ATTEST :
Douglas Garrett, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City ofEqlewood, Cokndo, bereby certify lbaa the above
and foregoing is a true copy of the Ordinance pasaed oa final readina and publilbed by litJe u Ordiuncc
No. _, Series of 2004 .
Loucrishia A. Ellis
10
ORDINANCE NO.
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ADOPTING THE BUDGET FOR THE LllTLETON/
ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL
YEAR 2005.
WHEREAS, punuant to the provisions of an agreement between the City of
Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year
2005 was duly approved by the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee on August 19, 2004 and submitted to the City Council; and
WHEREAS, a public hearing on said budget was held by the City Council within
three weeks after its submission at the meeting of City Council on September 26, 2004,
regular notice of the time and place of said hearing having been published within seven
days after the submission of the budget in the manner provided in the Charter for the
publication of an ordinance; and
WHEREAS, the City Council of the City of Englewood, as the administering
authority for the Littleton/Englewood Wastewater Treatment Plant, has studied the
budget on numerous occasions; and
WHEREAS, it is the intent of the City Council to adopt the 2005 budget for the
Littleton/Englewood Wastewater Treatment Plant as now submitted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . That the budget of the Littleton/Englewood Wastewater Treatment
Plant for the fiscal year 2005, as submitted by the Littleton/Englewood Wastewater
Treatment Plant Supervisory Committee and duly considered by the City Council after
public hearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater
Treatment Plant for the fiscal year 2004, as follows :
Littleton /Englewood Wastewater Treatment Plant
Fund Balance -January I, 2005
Revenues
Expenditures
Fund Balance -December 31, 2005
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$ 115,674
42,048,134
42,048,134
.. 115,674
Sectjon 2. That the said budget as accepted shall be a public record in the Office of
the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be
made available for the use of the City Council and the public, the number of copies to
be determined by the City Manager.
Introduced, read in full, and passed on first reading on the 1st day of November, 2004.
Published as a Bill for an Ordinance on the 5th day of November, 2004.
Read by title and passed on final reading on the IS'~ day of November, 2004 .
Published by title as Ordinance No. __, Series of 2004, on the 19th day of
November, 2004 .
Doua)u Garrett. Mayor
ATTEST :
Loucrisbia A . Ellis, City Clerk
I, Loucrisbia A . Ellis, City Clerk of the City ofEnp:wood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No. _. Series of 2004 .
Loucrisbia A. Ellis
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ORDINANCE NO .
SERIES OF 2004
BY AUTHORITY
COUNCIL BILL NO. 62
INTRODUCED BY COUNCIL
MEMBER WOLOS\'N
AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/
ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE
FISCAL YEAR BEGINNING JANUARY 1, 2005, AND ENDING DECEMBER 31,
2005, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION
BILL FOR THE FISCAL YEAR 2005.
WHEREAS, the Cities of Englewood and Littleton entered into a contract to build,
maintain, and operate a joint Waste Water Treatment Plant facility; and
WHEREAS, the operations, including budget matters, of this joint facility arc
overseen by the Supervisory Committee; and
WHEREAS, the City of Englewood operates the Littleton/Englewood Waste Water
Treatment Plant under the control of the Supervisory Committee; and
WHEREAS, the Littleton/Englewood Waste Water Treatment Plant bas its own
fund for operations and maintenance; and
WHEREAS, the Supervisory Committee approved the following as the 2005 budget
at the August 19, 2004 meeting.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . That pursuant to the Littleton/Englewood Waste Water Treatment
Plant agreement. there be and hereby is appropriated from the revenue derived from
operation of the Littleton/Englewood Wastewater Treatment in the City of
Englewood. Colorado, and from all other sources of revenue in the Littleton/Englewood
Wastewater Treatment Plant fund including available fund balance during the year
begiMing January I. 2005, and ending December 31. 2005, the amounts hereinafter set
forth for the object and purpose specified u follows :
Total Linleto Englewood Wastewater Treatment Plant Fund S 42,048,134
Introduced. read in full. and passed on first reading on the 1st day of November, 2004.
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Published as a Bill for an Ordinance on the Sth day of November, 2004.
Read by title and passed on final reading on the IS'~ day of November, 2004.
Published by title as Ordinance No. _, Series of 2004, on the 19th day of
November, 2004.
Douglas Garrett, Mayor
ATTEST :
Loucrishia A. Ellis, City Cleric
I, Loucrishia A. Ellis, City Cleric of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Orclinancc paucd on final
reading and published by title as Ordinance No. _, Series of 2004 .
Loucrisbia A. Ellis
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4.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 1 S, 2004
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80 i l 0
Call to order. r;: 3:, I/ r
Invocation. ~
Pledge of Allegiance. ~
Roll Call. di/ 'I~
5. Consideration of Minutes of Previous Session .
~~/ Minutes from the Regular City Council meeting of November 1, 2004. ~
6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
City Council will recognize the 1 S student artists whose artwork is induded in the 200S
Englewood Calendar .
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time
nschedu. led public comment may be limited to 45 minutes and if limited shall be continued lo
ral Discussion.)
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muni~roclamations, and Appointments.
9. Consent Agenda Items.
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Englewood City Council Agenda
November 15, 20 4
Page 2
Approval of Ordinances on Second Reading .
~ Resoluti;~ and Motions.
~0-Publk H~•-(No Puhl;, H"riog Scheduled.)
11 . Ordinances, Resolutions and Motions.
a. Approval of 'g'ances on First Reading.
b . ~t'JJ)' of Ordinances on Second Reading . • ""' ~ I; ~~cil Bill No. 53 approving the 2005 Budget for the City of Englewood. v\/ ~ 112ouncil Bill No. 54 appropriating the 2005 Budget for the City of Englewood.
,\\1 (\ ~~!ncil Bill No. 59, approving a refunding of the Marks Apartments Variable Rate \ (\A.J D~and Multifamily Housing Revenue Bonds, Series B of 1985 .
.... ~ ~ouncil Bill No. 61 approving the 2005 Budget for the Englewood/Littleton
~/ Wastewater Treatment Plant.
f1» tundl Bill No. 62 appropriating the 2005 Budget for the Englewood/litdeton
Wastewater Treatment Plant.
c. Resolutions and Motions.
12 . General Discussion :
a. Mayor's Choice.
b . Council Member's Choice.
13 . City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
The following minutes were transmitted to City Council between October 29 and November 11, 2004.
• Keep Englewood Beautiful Commission meeting September 14, 2004
Please note: If you have a disability and need auxilwy aids or services, please notify the Qty ol Eflllewood
(303 -762 -2405) at least 48 hours in advance of when services are needed. Tharlk
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1. Call to order '7', J,~m.
2 Invocation ~
3. Pledge of Allegiance __ _
4. Roll call
Members:
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Moore
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