HomeMy WebLinkAbout2003-03-17 (Regular) Meeting Agenda Packet./
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Regular City Council Meeting
March 17, 2003
ORDI ~S, 26, 27, 28, 29, lO, 31, 12, )), 34, 3S, 16, 37
RESOI ~~~ ~~l, 42, 41, 44, 4S, 46, 47, 48, 49
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Saaion
March 17, 2003
I. Call to Onler
The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:40 p.m .
2. Invocation
The invocation was given by Council Member Nabholz .
· •e Pledge of Allegiance was led by Mayor Bradshaw.
Roll Call
Present:
Absent:
A quorum was present.
Council Members Nabholz. Grazulis, Garrett. Woloa,-. Yadllct.
Bradshaw
Council Member Moore
Mayor Bradshaw advised that Council Member Moore is in Wuhiqton. D. C .
Also present :
5. Minutes
City Manager Sears
City Attorney Brotzman
Assistant City Manaaer Flaherty
City Clerk Ellis
Director Simpson, Community De~
Director Fonda, Utilities
Manager of Open Space Lee
Director Gryglewicz, Finance 111d M .. .,. S.-...
Senior Planner Langon. Community Dtwdl, II I
Planner I Fruchtl. Community Dewl?p 1
Benefits/Risk Manaaer Webs,"'-._..
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAI ACONDID, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL llaTING OF MAROl l,
2003.
Mayor Bradshaw asked if there was any discussion. chanpa or....-T1*e --
Vote results:
Aye s:
Nays:
Abse nt :
Council ~mbers Nabhola. Olma. W oloa)'I'. Ywdleck. Oruulis.
Bradshaw
None
Council Member MllOle
Englewood City Council
March 17, 2003
Pagel
Motion carried.
6. Scheduled Visitors
(J
(a) Jackie Edwards, a resident of Sandalwood Apartments, at 3655 South Pennsylvania
Street, said I have a great concern over the way a tenant was evicted on March 1•. Quite a few of us were
home at the time and were awakened, or brought out, by assault ritles and the entire building was
surrounded with assault ritlcs. There was an officer standing on something behind the six-foot fence with
the assault ritlc drawn. I looked out my bedroom window and he told me to go back into my apartment.
Our apartments arc very small, she said, so that every room in the apartment has an outside wall. My
apartment happens to stick out over the parking lot, so the tloor is also exposed from undcmcath. This
went on for over three and a half hours. She said we were not allowed to leave and we were not warned
that this was going to happen. What I am wondering, is if there is some way that tenants can be notified, in
advance, when assault ritlcs arc going to be surrounding us and holding us, basically, hostage in order to
evict a tenant? There were other people who were going to come with me, she said, but they arc afraid of
retaliation. One gentleman had made a copy of a video tape that he had of all of these ritlcs and the
escapade that was going on, but he chickened out and he is not going to present the video. Needless to say,
this was quite frightening . I have Jived quite a few places, including downtown Denver and I have never
seen anything like this. And then after it was all taken care of, the man who was evicted was brought back,
unhandcuffed and he had no gun, so I don't know what started all this. Whether it was a phone call from a
neighbor who didn't know what they were talking about or what, but obviously the SWAT Team had time
to plan what was, pretty much, an attack. That was followed up with an IMPACT Team that came out. I
was not aware, she said, that Englewood had that kind of thing, but that was really neat that the IMPACT
Team showed up. But by then just about everybody there was completely traumatized . We do have
children in the building and we have disabled people and retired people. There were a lot of people there
and all this over a tenant who did not pay rent. I can't really see, she said, that it merited jeopardizing our
Jives, literally. So, I don't know ... is there a registry or something where tenants can sign up, in advance, to
be warned of assault ritle attacks'/
Mayor Bradshaw said our Director of Safety Services is prepared to respond to your questions and
concerns. And that way, we will understand better what went on. She thanked Ms. Edwards for raising
this concern.
Director Olson said , Ms. Edwards, first of all you arc under an extreme mispcrccption of what happened .
We do not evict people. That is not th e job of the City of Englewood to evict people from their apartments.
The reason we were there, he said, is because we got a call at about 10:30, on a Friday about two weeks
ago, about a man with a gun. It was turned in by one of your fellow tenants, as I remember. So we
res ponded to that. We were aware.that this person was apparently protesting his eviction. As it turned out,
he said , thi s gentleman ha s a lo ng criminal hi story with us . He was protesting his eviction and we were
to ld that thi s guy might ha ve a gun . So thi s was not a planned attack . We went over there, because we had
received thi s warning . He noted that the whole incident took about 45 minutes, not three hours . I was there
and o bserved the who le thing . Our j o b was to try to get the rest of the tenants back in. because we had this
gentleman o uts ide and we did not know if he had a gun or not. So we went through our normal tactics of
surro unding and protecting the rest of the citizens and trying to get him to voluntarily come on out.
Ultimately, he did. The gentleman, who made the videotape, aJamantly refused to go back inside . He was
right belo w thi s individual . We have also had interactions with him, as well, on a criminal basis. So we
were there to try to protect peo ple. we were not there to evict people. That is the job of the Sheriffs
Dcpanment, if it gets to th at point . Our job was to respond to a perceived threat to a significant portion of
people in that area. whi c h is what we d id . And our standard technique is exactly what you saw, he said .
We appreci ate yo ur cooperatio n, by going back inside , which we were trying to get everybody to do .
Eventuall y. we were able to get thi s individual to come down. We tried to find out what was happening.
We were a ll o wed to searc h the building and interact with him . He was given a minor misdemeanor ticket
a nd a ll owed to return . Hi s father was somewhere in the area and I guess they were allowed to leave the
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Enpewood City Council
March 17, 2003
Pqe3
apartment, at some point in time, because they had been served with an eviction notice by, I would assume,
either the manager of the building or the Sheriff's Office. So, he said, this is not a normal process for the
City of Englewood. But we do respond to incidents where we have been told, by somebody else, that there
is an individual with a weapon who is out on the porch, yelling and screaming and is apparently threatening
other people. So, he said, I am sorry if you were traumatized by this. I don't think this is something you
will sec very often. This is a relatively rare incident. It was not just the SW AT Team. There was also a
regular compliment of police officers that were on duty . This was not planned. When we got there it took
us five or ten minutes to come up with some methodology to make sure this individual was safely removed
from the building so we could determine whether or not he had a weapon . That is what happened . We
talked to the other gentleman afterward and because of his interference with us when we were trying to
work with this other gentleman, he was given a minor ticket as well and allowed to return to his apartment.
So again, he said, I am sorry if you were traumatized by this, but it was a standard procedure and it was
something that occurred on the spur of the moment, as many incidents do. If you have any more questions
on that, he said, I will be happy to talk to you about it tonight. We will also talk to any other concemcd
residents. But again, he said, we are not in the mode of evicting somebody, that is not what this
organization does.
Ms . Edwards asked if there was some way to clear the other people out of the way . Director Olson said no,
there isn't, because when you have somebody on the pon:h with their door opened, even though he doesn't
have anything in his hand, he could have a rifle or whatever, right behind the open door. The safest thing
for you, he said, was exactly what happened. We were trying to get people back into the unit. so we could
isolate the one unit and the one gentleman. Now, the one officer that you said was talking to him has
known this individual for years and has dealt with him on a variety of issues. So, he said. this is not an
unknown individual to us . He does have a history with us and that is why there was a one on one, personal
contact, between the officer behind the fence ... and I was right behind him ... and the individual in that
apartment building.
Ms . Edwards asked if anybody checks the validity of the call that comes in that says someone has a gun.
when they don't have one . Director Olson said we check the validity by actually going to the scene and
verifying whether that is true or not. We have to respond. he said, especially when we get IOIIICOne who is
an anonymous reporting party and they say there is a man with a gun, that elevates the priority and the only
way to check that out is to send officers to the scene. We did identify him very rapidly and the situation
was resolved very rapidly . without any injuries, without any shots being fifed or any other heavy-duty
scenario. He finally did cooperate with us. at the end.
Ms . Edwards said then therl: is nothing to stop a tenant from making an anonymous call, knowing that they
arc not telling the truth . Director Olson said that is COrTCCt . We get anonymous calls all the time and we
cannot ascertain, from calling back, whether it is a false call or not. We have to go to the scene and verify
it. Even if someone had made a 911 call and they hang up, we still go to the scene and verify if there is an
ac tual emergency or not. That is the only way you can do it. But I will tell you, he said, that if this had
actually been a si tuation we had planned ahead of time, we would have definitely warned the other tenants
and worked with the entire building during that type of situation . But this was not that type of situation . It
was very muc h spur of the moment , he said , and we had to react to what we saw when we got there , which
was that gentleman standing outside, yelling at us from his third floor balcony apartment.
Ms . Edward s thanked Director Olson . Mr . Olson said you arc welcome .
Mayor Bradshaw thanked Ms. Edwards for inquiring.
Mayor Brad sha w said I think it was Peter Jabs that took the video . Director Olson said that is correct. that
is wh o too k th e video .
Eqlewood City CouacU
Marc:b 17, 2003
Pqe4
Mayor Bradshaw said I received a call about this incident too, from one of my former students, who has a
head injury. That is another story that is just sad, what happened to him and his family . Director Olson
said yes , we are aware of that.
Ms . Edwards commented that it is just a tangled up mess.
Mayor Bradshaw thanked Ms. Edwards for coming and talking to Council. I'm sure Director Olson will
answer any other questions you may have, she said.
Ms. Edwards thanked Mayor Bradshaw.
7 . Unacheduled Vlllton
(a) Lucy Kelton, Vice President of Real Estate with Gan Sports, said we have enjoyed being
part of the Englewood 1cene for the last year and a half. As you probably have beard, we ue planning a
merger with a large company called the Sports Authority, out of FIXt Lauderdale, Florida. They ue going
to move our corporate headquarters to Colorado. As you can imagine, 1 am every office broka-'s new belt
friend. We are trying to figure out. she said, where we ue going to accommodate anocber 300 people. We
have that big empty Office Depot building across the street and it certainly makes sense for us to consider
that. So we are negotiating with them. We also received a very nice offer from the City and we appreciate
that offer, in terms of the different things you can try to offer us. Pending our negotiation with David and
also some of the other competing sites, from cities that have contacted us, we would like to consider
pursuing that with David and there is some talk about the possibility of the establishment of a Special
Improvement District. We would like you to consider taking a portion of the sales tax revenue from our
existing store over here and apply it to some of the public works around our buildings, in terms of
landscaping, signagc or improving Jason and Inca. So that is kind of why we are here today. We are
moving from a $1.5 billion company to a $2.6 billion company. We have a board of din:cton that is going
to be rather influential about where we will put our new corporate headquarters. It is not just a Colorado
thing anymore. It is nationwide. She stated we will be the largest sporting goods chain in the county, so
we are very excited. We are goin1 to add 300 more people and hopefully that will brin1 revenue to the
City in terms of sales tax from l'CllaUnllls and everything else. We ue lhinkina about tryina to develop a
really nice corporate campus IICCllario. shc said, with landscapill8, walkways and even the pouibility of
buildin1, inside one of the stora, a food court scenario as oppoaed to maybe a separate
restaurant ... whatever wc can do to try to enhance the uea a little bit more.
Mayor Bradshaw said wc want to welcome you and we certainly don't Wllll to Imo you. but I do
understand that you have negotiations. I can speak for myself, and maybe I speak for the Council. in
saying that you have been an outstanding new business comina into our community and we really value
you as an asset.
Ms . Kelton said thank you ... that is great.
Ms . Kelton said David would like to say a few words .
(b) David Johnson, of the Etkin-Johnson Group, one of the owners of the propcny, said we
are very excited about this and we think this could be a great addition to the City . Mr. Johnson noted that
he and City Manager Scars go back a long time, from Glendale . Gary has known me 25 years, he said . As
the owners of the propcny, we are very excited about this opportunity. I just wanted to say in
advance ... thank you for your consideration of any incentives that you miabt be able to create to make us
more competitive. As you know, out there in today's cnvirorunclll. it ia exir-ly compecitive in the real
estate market . So any edge that you can aive us, will help us tremendoualy in OIII' lllp)Cialioa, becw tbi1
deal i not done . We arc excited that we arc ne8()1iatin&, but we~ to get to the boaom line. I am here to
just throw that out and say thank you in advance for_anythina you can do to help III out, beclUle we know
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F.aalewood City Coundl
March 17, 2003
Pqe5
that this is an outstanding corporate citiz.en and we want them in our buildings and I am sure you want them
here in the City . He asked if there were any questions . There were none . Thank you very much. he said.
Mayor Bradshaw thanked Mr . Johnson . Our staff will be in touch with you. she said .
•••••
Mayor Bradshaw asked if there was anyone else who would like to address the Council on any issue .
There was no one.
There were no communications, proclamations or appointments .
Mayor Bradshaw said we may want ro revisit proclamations sometime and perhaps put an actual policy in
place ... or, maybe a subcommittee that would look at them and praent a recommendation to the Council . I
just think we need to spend a linle more time on some of these. Think about it, she said , and I will bring it
back up .
9 . Publk Hearing
No public hearing was scheduled before Council.
10. CoMeat Agenda
COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDFJ>, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (II), (W) aad (IY), 10 (b) (I) aad 10 (c) (I), (II) ud (W).
(a) Approval of Ordinances on Fint Reading
(i) COUNCil. BILL NO. 20, INTRODUCED BY COUNCil. MEMBER
GARRETI
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENr AL AGREEMENT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A UTD.ITY ADJUSTMENT AS A
PART OF THE HIGHWAY IMPROVEMENTS AT THE BEU.EVIEW AND CLARKSON
INTERSECTION.
(i i) COUNCil. BILL NO . 2 1. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT #ISS TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN
THE DISTRICT BOUNDARIES .
(ii i) COUNCil. BILL NO . 23, INTRODUCED BY COUNCil. MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING THE LICENSE AGREEMENT AND TEMPORARY
LICE NSE AGREEMENT WITH K. C. ENSOR. GREEN V AU..EY TURF CO .• AND Wll.DACRE, U.C
FOR CRO SS ING THE CITY DITCH.
F.aaiewood City Council
Mardi 17, 2003
Pqe6
(iv) COUNCIL Blll. NO . 24, INTRODUCED BY COUNCIL MEMBER
GARRE'IT
A Blll. FOR AN ORDINANCE AlITHORIZING AN INTERGOVERNMENTAL AGREEMENT,
ENTm..ED "AMENDMENT TO AGREEMENT REGARDING FINAL DESIGN AND
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIO DRY
CREEK AT ALLEN WATER TREATMENT PLANT' BETWEEN THE URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT AND THE CITY OF ENGI.BWOOD, COLORADO.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 24, SERIES OF 2003 (COUNCIL Blll. NO. 17,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE ACCEPTING DEDICATION OF A 12-FOOT WIDE TRANSPORTATION/UTILITY
EASEMENT ALONG UNIVERSITY BOULEY ARD IN THE CITY OF ENOI.BWOOD.
( c) Resolutions and Motions
(i) RESOLUTION NO. 36, SERIES OF 2003
A RESOLUTION AW ARDINO A NEGOTIATED CONTRACT FOR PURCHASE OF OAS GOLF
CARTS FOR MULTIPLE YEARS BY THE CITY OF ENGLEWOOD, COLORADO, WITH E-Z GO
INSTEAD OF THE COMPETmVE BID PROCESS UNDER SECTION l 16(b) OF THE HOME RULE
CHARTER AND SECTION 4-1-3-1 OF THE ENOI.BWOOD MUNICIPAL CODE.
(ii) RESOLUTION NO. 37, SERIES OF 2003
A RESOLUTION APPROVING THE 2002 YEAR END SUPPLEMENTAL APPROPRIATIONS TO
COMPLY WITH CITY CHARTER REQUIREMENTS.
(iii) THE BID FROM HENKLE DRILLING COMPANY IN THE AMOUNT OF
$294,246.60 FOR THE CONSTRUCTION OF TWO WATER WELLS AT Mel.ELLAN RESERVOIR
Mayor Bradshaw asked if anybody would like IO remove any of lhe items. They did not.
Vote remits:
Motion carried .
Ayes : Council Members Nabholz. Gama, v,'oloayn, Yurcbick. Oruulis,
Bradshaw
Nays : None
Absent : Council Member Moore
11 . Regular A&ftda
(a) Approval of Ordinances on First Reading
(i) Senior Planner Lanaon pn,sented • rerommeodllioa from die Community
De ve lopment Department to adopt a bill for an ordinance approvina the extenaion of a Temporary
Moratorium on New Residential Consuuction in the area bounded by Wea E-A-oa lbe IIU1h.
West Vassar Avenue on the SOUlh , South Tejon SlreCC on the CUI and Soulh Zuni SlreCC on die well. 'l1lis
proposed ordinance, on first readina, is to eitlelld. for an additional sill IDIMllhl, the CUfflllll lllOfllllrilUD on
new residential construction in nonhwac Enatcwood . The lllllrllloriwn was established by ~
F.aalewoocl City Couadl
Mam 17, 2003
Pqe7
Ordinance No. 28, in May of 2002 and then extended by Ordinance No . 46, in November of 2002. The
moratorium 5111pended building permits for single-family attached and duplex construction and the
subdivision of land in that designated area. It did not apply to permits for single units. accessory units or
remodel work . The emergency ordinance is a result of citizen concerns regarding the quality of residential
construction in that northwest Englewood area . The purpose of the moratorium. she explained, was to offer
staff the opportunity to study and develop residential desip standards within the UDC, the Uniform
Development Code, that we are currently working on. In December and January we held joint workshops
with Council, the Planning and Zoning Commission and the Board of Adjustment and Appeals, which
resulted in draft residential design standards prepared by Clarion Associates. We received thole about two
weeks ago and we are going through them now and returning edits to Clarion to finish tboae up. We have
also scheduled a Community Meeting on April 16• ... that is a Wechaday evening ... to discuss the
proposed standards. That meetina will be held here in the Community Room aa 7:00 p.m. It will be
advertised in the CITfZ.EN, on the web and on Channel 8. Cilizcm who have had an imerat in this topic,
will also be notified. The extension is necessary, she said, ID maintain a temporary IUSpClllion of permits in
that area until the UDC is compleced. The UDC adoption proc:eu is anticipaled to bqin in June with
public hearings before the Planning and Zoning Commillion and COIIIIIICIICe in October, with the effective
date of the ordinance. If you have any questions, she said, I will be happy to .,._. them.
Council Member Yurchick uked City Allomey Brotzman if there is a limitation on extendina the
moratorium. Mr. Brotzman said there is a realistic expectation that we are aoina to meet the dalies we are
extending it to. So, Mayor Bradshaw said, we can extend it as long u there i1 a realistic expectation that
we will meet those dates .
Mayor Bradshaw said, regarding the final adoption in October, you guys have been workina so hard and I
really appreciate the efforts of every single staff member. You are incredible. she said.
Ms. Langon said that is an agreuive timeframe and we hope to meet iL
Council Member Nabholz said she just wanled some clarification. There are several people up there that
would like 10 do remodeling jobs and as I read this. it is acceptable. Is that COffllCl? Ms. I..anaon said that
is right . Ms . Nabholz said they were concerned u to how an extension of the moratorium would binder
them.
Ms . Langon Slated this is for new construction for the siflllo-family aaacbed or the duplex type of
situations. Single unit or the remodels or garaaes or sheds were noc affected by the moratorium. Ms.
Nabholz said thank you . '
Mayor Bradshaw said I think the concern we had was that people were just lhrowina thinp up there. with
little design, and even though they were houses, the quality was very poor and that wu why we established
the moratorium .
Council Member Y urchick said the other issue was that they were jammina four houses into one lot.
Mayor Bradshaw agreed .
Mayor Bradshaw said we should probably set up a time for Council to have a IOUr of our AVS houae or an
open house type thing .
Director Simpson said we are tentatively plannina llOIIICdlina and we will let you know.
Council Member Yurchick said that is a nice lookina project. I drive by that allDOlt every day.
Mayor Bradshaw said those kids do such a aood job. I hope it aells . That is wbal we bad trouble with, with
the other ones we've done . They are expensive.
F.nalewood City Council
March 17, 2003
Page8
Director Simpson said we will be setting up a time for Citl Council lo attend an open house of that
property. II will probably occur mid-May ... the 13111 or IS .
Mayor Bradshaw noted that the 13111 is our I 00-birthday.
Director Simpson said okay, we will get back to Council.
Mayor Bradshaw said okay. She thanked Director Simpson.
Mayor Bradshaw asked if there wen: any other questions. Then: were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (I) -COUNCIL BILL NO. 22.
COUNCIL BILL NO. 22, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM
ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY ATTACHED AND MULTI-FAMILY
RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUIRING THE SUBDIVISION OF
PROPERTY. IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE ON THE NORTH,
WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH
ZUNI STREET ON THE WEST. FOR AN ADDITIONAL SIX MONTHS.
Mayor Bradshaw asked if there was any other discussion. Then: was none.
Vote results:
Ayes :
Nays:
Absent
Motion carried.
Council Members Nabholz, Garmt. Wolosyn. Yun:bick. Clruulis,
Bradshaw
None
Council Member Moore
(b) Approval of Ordinances on Second Reading
Then: wen: no additional items submitted for approval on second reading. (See Agenda Item 10-Consent
Agenda.)
(c) Resolutions and Motions
(i) Mayor Bradshaw noted that this Agenda Item was continued from March 3~.
Planner I Fruchtl presented a recommendation from the Community Developmc111 Department to adopc a
resolutio n approving the proposed Development Review Application Fee Schedule. Staff recommends that
City Council consider and approve. by resolution, the proposed Developmenl Review Application Fee
Schedule as outlined in Exhibit A, he said . On March 3. 2003 Council reviewed die propoeed
Development Review Application Fee Schedule and continued it to this evening. March 1,-. Additionally,
Council recommended that the Alliance for Commerce in En1lewood. which is ACE, review the~
Develo pment Review Application Fee Schedule. Owing the ACE meetin1, n lencr from Jill Carlslon.
Chair o f the Board o f Adjustment and Appeals, was dilllributed specific to the propoaed BOA fee increue.
That letter is in your packet , he said. Upon review of the BOA lener and alto lbe memo tbal wu prepared
by staff regarding the proposed development fees. it was ACE ', coosemus. at that time. tbal die~
fees wo uld not hinder the development opportunitie within the Cuy of Eftalewood . In~ to die
t
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Eqlewood City COlllldl
Mardi 17, 2003 .... ,
letter prepared by Ms. Carlston, on behalf of the Board of Adjustment. staff would like to note that
according to the survey that was conducted of the I 5 municipalities and jurisdiction& along the Front
Range, that the Board of Adjustment and Appeals fees range between $25 .00 and $500.00. So we are,
within that spectrum, kind of in the middle of the road area. Staff would alao like to note, as previously
stated, that the current developmelll fees have not been looked at, or raised, since the early 1980'1. Staff
believes that the propoaed development application and review fees are reasonable for cost recovery and
also equitable with cities along the From Range. He ukcd if there were any queatiom.
Mayor Bradshaw said I have a question in that Ms. Carlston urges Council to aclopc a variance fee not to
exceed $125 .00 and the Fee Schedule says $225.00.
Council Member Ganeu says the proposal is $225.00, but she is requesting that we lower it to $125.00.
Mr . Pruchd said yes .
Council Member Ganeu stated Council Member Moore was also very concemcd about that.
Mayor Bradshaw said can we make that chanae? Mr . Pruchd said yes, if Council would like to.
Mayor Bradshaw said I know we can do what we want. but would that cause a delay with anything? Did
Al;e go over this?
Council Member Yun:hick asked if he could make a couple of cormnenls. Mayor Bradshaw said yes,
would you please.
Council Member Y un:hick said it was really an ed11cl!ioml proc:eu for me. The real eatate people said
these fees were fine, that they waen't OUI of line. Developen. he iaed, expect thele kind of fees when
they do a project . One of the intcreltin, thinp that came out of the clilcusaioa. wun 't 10 much the fees,
but that what the developen wan1 is an -in the proc:e11 of womna widl the City. That is where their
~ is. Not in these fees, he said, bul their coacern is about the proceu and bow easy the proc:eu is to
work with.
Mayor Bradshaw said thank you for runnina thal by ACE.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (d (I)-RESOLlmON NO. 31, SEIUES OF 211.1 WITH THE CHANGE
RECOMMENDED IY THE BOARD OF ADJUSTMENT AND APPEALS.
RESOLUTION NO. 38. SERIES OF 2003
A RE SOLUTION APPROVING THE 'PROPOSED DEVELOPMENT REVIEW APPLICATION PEE
SC HED ULE FOR COMMUNITY DEVELOPMENT.
M ayor Bradshaw asked if there was any other d iscussion. There was none .
VOie .--Its:
Ayes:
Nays :
A bsent :
Mocion carried .
Council Members Nabhol&. 0anea. Wololyn. Yllldlick. Clnzulil.
Bradahaw
None
Council Member Moore
Mayor Bradshaw thanked Mr . fnlchd.
Eopewood City CouDdl
Marcia 17, 2003
PaplO
Mr. Fruchtl said thank you.
(ii) Director Oryglewicz presented a recommendation from the Deputmmt of
Finance and Administrative Services to adopt a resolution approving a Transfer of Funds from the General
Fund to the Englewood Urban Renewal Authority. This is a resolution, he said, transferring $5,000.00
from the General Fund to the Englewood Urban Renewal Fund. The Englewood Urban Renewal Fund
does not have funding or the means to get funding in the way of taxes or fees, but they require this nominal
amount for their administration in 2003. On February 12. 2003, the EURA Board approved their budget.
which included this propoeed transfer.
Mayor Bradshaw asked if there were any questions or commenrs. There were none.
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGF.NDA
ITEM 11 (c:) (U) -RF.SOLUTION NO. 39, SERIFS OF 2803.
RESOLUTION NO. 39. SERIES OF 2003
A RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE ~OOD
URBAN RENEW AL AUTHORITY (EURA).
Vote.-lb:
Motion carried.
Ayes:
Nays :
Absent :
Council Members Nabholz, Gancn. Wolosyn, Ywchick, Oruulis.
Bradshaw
None
Council Member Moore
(iii) Director Orypewicz .,._alDd a recommendalioa from the Depanmeal of
Finance and Administrative Servicca to adopt a raollllion approvina a T,-fer of Funds from the Capital
Projects and Capital Equipment Replacement Funds and a Reduction of Budpllld Cominpacy and
Community Development Funds. This raollllion is. finl of all. IMkiq a tnMfer from lhe Capital Projects
Fund to the General Fund. Thac are for leua. he said. ..t for ~y we wlllled ID have dll.e
expenditures taken out of the Oeaeral Fund and thal is S 175,402.00. Then die Capital F.quipimm
Replacement Fund is transferrina $525,000.00 ID the General Fund. buically ID boolt die ,__ for
2003 . This was discussed with Council and the Budpc Review Commiaee about a IDOlldl a,o. Tllele is
also an action reducing the Community DeYClopment Budfel by $50,000.00. bocaM die Slluale PlojKi is
delayed . And, he said, there is a reduction in the COllliqency Fund of S 135,000.00 bee-of die delay in
implementing Performance Pay in the City of Enpewood. Thal tolals Sll.5.000.00, he said. ...t dial will
go back into the Unreservcd/Undesignaled Fund balance.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO APPROVE AGF.NDA
ITEM 11 (~) (Iii) -RF.SOLUTION NO. 41, SERIES OF :Nil.
RESOLUTION NO. 40. SERIES OF 2003
A RESOLUTION TO TRANSFER FUNDS FROM THE CAPITAL PROJECTS AND CAPITAL
EQUIPMENT REPLACEMENT RJNDS (CERF) TO THE GENERAL FUND AND TO REDUCE
BUDGETED CONTINGENCY AND COMMUNITY DEVELOPMENT FUNDS .
Ma)-or Brad.haw asked 1f there we,e any qllellions or dslaauion. 1'hlre --·
VottnwlU:
A e : Council Members Nabhob. Gama. Wololyn. Yurdlict. Oruuba.
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Eqlewood City CouncU
March 17, 2003
Pace 11
Nays :
Absent :
Motion carried.
Bradshaw
None
Council Member Moore
(iv) Benefits/Risk Manager Weber praented a recommendation from the Human
Resources Department to approve, by moCion, sponsorship of the Englewood Housing Authority for
membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA). The Housing Authority,
prior to 2003, had been covered under the City's Worker's Compelllllion Property Liability. We had a
couple of changes going into 2003, she said, that made this change necesury. One being that the Housing
Authority is not paid under the City anymore, they have their own separate Federal ID number and they
have a separate salary and comp plan. That makes them ineligible to be under our Work Comp and
Property and Liability. That is why, she said, they are asking us to spoosor them for membership in
CIRSA .
Mayor Bradshaw asked if there were any questions.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (IY)-SPONSORSHIP OF THE ENGLEWOOD HOUSING AUTHORITY FOR
MEMBERSHIP IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY
(CIRSA).
Mayor Bradshaw asked if there was any discussion. There was oone.
Ayes:
Nays :
Absent:
Motion carried.
Council Members Nabholz. Garrett, Wolosyn, Yurchick, Oruulis,
Bndlhaw
None
Council Member Moore
12. ~~
(a) Mayor's Choice
(i) Mayor Bradshaw said I gave you the copy of the ,-.pon from Nalional l...capc of
Cities, with my editorial comment at the boaom. Thank you for allowina me to IO · It w,s a acary time to
be in Washington. with people thinking of going to-· The major awement~she said, that the National
League of Cities was going to make , was goina to be on that Tuaday morniq ... when it was snowina on
us in Washington D.C . People didn"t get up to go make their presenlation. So. there were 40of us and
three were fr om Englewood . We were. actually . a huae contingen&. We did talk to 1M" national lqialators
and that is in the report . We were only able to schedule meetinp with two of them. Anyway , she said,
thank you again for allowing me to go.
(ii ) Mayor Bradshaw said this Saturday there is somedtina pretty ucitiq. We have
the annual Bac k to Bach Concert. It is at 7:30 and they eq,ect it to be sold out. So. sbe said. if any of you
arc interested in attending. let Olga Wolosyn know .
Council Member Wolosyn said I didn 't get an invitatioll.
(iii ) Mayor Bradshaw said I received several leaen from kida. She asked if the tell
of Council had R1CC1ved them in their packets. Council Member Woloayn said yea.
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Enpewood City CouadI
March 17, 2003
Pqel2
Mayor Bradshaw noted a skateboarder said it is very rocky and bumpy down at Cushing Park. I went by
there , she said. and it is . lt is not a very nice facility for those kids and l think his complaints are pretty
valid . So, if we could tum that over to Jerrell Black, she said, and I would be glad to write a letter
responding to him . Then, she said, there were the kids at Flood who wanted a youth club. Susan Thornton
and I are working with a gentleman on a youth club over at Lowell and Bcllevicw ... in a vacant building
over there. It used to be a bingo place. He is trying to put in a youth club for kids. It is still going to cost
money . What I got from these kids is that they want a place to hang .
Council Member Garrett said there is the opportunity with the Rec Center project. Mayor Bradshaw said
right, but as they said, it costs money. Council Member Nabholz said it is SO cents on Rec nights .
Mayor Bradshaw said they want a place like a little pizza place, where they could have dances every
weekend and things like that. I don't know that we could do all that, but I will write individual responses to
their letters and talk to them . Or, she said, we could forward thcsc to the Parks and Recreation Youth
Council . What do you think about that? So, she said. we will send these to the Youth Council and the
Youth Council needs to respond.
Council Member Grazulis pointed out that they do not work over the summer. Mayor Bradshaw said I
know, they will need to get right on that.
Mayor Bradshaw said Greg talked about the paintball field. l think people are using our parks for
paintball.. .I find those little pellets all over. So, I think paintball is really good, she said, but I think it
needs to be in an enclosed environment. I don't know that we want people shooting paintballs all over the
place. But, she said, I want to send a letter back, under my signature.
(iv) Mayor Bradshaw ubd if Council had received the date on the Western
Homeless Alliance ... on the House of Hope. Council Member Nabholz said no.
Mayor Bradshaw said jUSI for your information, it is what I requested .
(b) Council Mcmben' Choice
(i) Council Member Nabholz :
I. She said Nicholas has started taking video& to the House of Hope, wilh the help of the M.-:,-1' _ wer
Church and members of the community . He took 37 and he has anochcr 38 to drop off, maybe w,
depending on the weather . Mayflower Church is goiq to divide their resources between Inter-Faith and
the House of Hope . she said . The church has expanded a little bit, but you have to realize that even though
we have some young bodies corning in. it isa very aging, church ... it bu been there since 1903.
2 . She said she called Joyce Panons in reprds to a big blue tarp over a aip in the 3200 blodt of
South Broadway. M . Parsom went out and the gentleman was jUSI usina it to cover an old car loc sip1.
because he was waiting 10 put his new car loc sign up . But that should be taken care of tomorrow , she said .
(ii ) Council Member Wolosyn :
I . She said lw Thursday our City receiWld the Colorado Bllliw COIIIIDiaee for die Ana
Leadership Award . I had the peal honor of accepliftl it, she uid. I lhillll dtal honor -cki-.._ ID
me ... that it is due to the foresipt of our Slaff dial they_. ahead and creaeed lhia Fountlltion It WU lliCC
to sec 11 honored and also. afterwards. to receive so many~ IIOIII IIIUIDfS who dida't km>w
about 11 . C it y Manager Sears held up lhe award . Ms . Wololya uid it II a .,_e of u, by MadeleillD Dodae .
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Enalewood City Council
March 17, 2003
Page 13
Mayor Bradshaw said it is gorgcous ... it could go in the Council Member's office or the City Manager's
office.
Council Member Garrett said it should go where people will sec it. Council agreed.
City Manager Scars said we looked at it today and it looks great right at the top of the stairs, on the wall,
across from the rest rooms. Council agreed .
Council Member Orazulis suggested they attach a security hook to the piece.
2. She thanked Council for allowing her to attend the NLC Conference. As usual, she said, it was a
mixture of awe and frustration . I really appreciated the opportunity. The belt experience wu going up to
the hill with Bev and Gary and listening to them articulate our issues so well. Even though, this year, it
was doubtful they were really heard . I voluntccrcd, she said, to write a short article for the Herald about
my experience, as I did last year.
3. She thanked Mayor Bradshaw for her comment about Back to Bach . I hope that wc have the great
turn out this year. that wc had wt year . We are lucky to have the principal cellist. of the Colondo
Symphony, playing a Bach cello suite. Which is something he doesn't do often for anyone. So I look
forwmd to that. she said.
(iii) Council Member Yurchick:
I . He said I have yet to sec the budget numbers I requested . They could be produced with the
pushing of a bu11on.
Director GrY1lcwicz said it is not quite u cuy as pushina a liale bulton risJit now, but at some point in
time it will be. We will have thoac numbcn for you . We arc workina on it. be said, we haven't foraoctcn.
When you first implement a 1ys1em thal ia u complicated u Oracle ii. it Ilka a lialc while .
Mayor Bradshaw uked 1f Mr . Grnlewicz had an llllic:ipaled deadline u to when Mr. Yurchick will get his
numbers. Mr. Grys)cwicz uid it abould be ~ IOOII. Whal you arc lookina for, he aaid. is the clewl by
category and we should have thole for you by the 24•.
Council Member Yurchick uid I am not really preuina. ljuat wanecd IO let him know that I haven't
forgott en. Mr . Gryglewicz said wc haven't foraoaen either.
City Manager Scars s:.aid we actually have the Buda,et workshop next Monday night. with a whole ranee of
follow -up issues ... so hopefully wc can have thole by then .
Director Gryglcwicz s:.aid they are riaht in the middle of the CAFR riaht now and wc arc a little short
handed as well. but we will get them for you .
2. He said the response I ~ivcd to my Council request deals with the illlepity of the people and
that was not my question. I feel we mipt need to addras the approval proc:aa 11111 the >~e o( the
person approving. when a City employee conducts a tranaaction with the City . Do you uadenlllld whM I
am say1n1? Internal control . Frank undcrstanda thal . Like the hlM* on Waley. 1'1111 lhould !lave been
approved outSlde of bualne development . Maybe al Mike Flaheny'a level . I juat dlink. he aaid. dial there
needs to be an independent approval of those type of 11111111Ctiona.
Mr . Yurchtck said I didn't have an ilaue with 11111. I iacd Waley• u euaple. It could be .-body
buying an old police car.
,.
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Englewood City Coundl
March 17, 2003
Page 14
Council Member Garrett said I canoot remember the details of what that said, but a lot of times in
corporations, what you do ... if anything is below a certain threshold amount. it goes to the next level
supervisor to approve ... whatever that might be. It goes to someone who doesn't have any kind of conflict,
be said. Then if it is over a certain dollar amount there is an Ethics Committee and it is submitted to the
committee for review. So you can set up those kinds of processes ... which I think addresses your issue.
Any time there is a conflict or a potential conflict there is a process in place, which determines how it is
handled.
Council Member Yurchick said, like I said, we should, at least, have an approval by the Assistant City
Manager.
Council Member Garren said usually you have son of an Ethics Committee to make sure there is no taint in
the loop.
Mayor Bradshaw said I think that is a good idea.
City Manager Scars said we can try to set something like that up. because there may be other areas where
there is a perception of wrong doing, whether there is or oot. But I think there is a question about us being
too close to making a decision for personal gain. I think an internal Ethics Committee really makes sense,
be said.
Council Member Yurchick said I don't question what went on up there, as much u the procedures that
were not in place.
City Manager Scars said I appm;iatc the question. I think we really arc very cdlicaJ and an illlCmally
aware organization. But I think the proccas you arc talking about makes a lot of ICIIIC. I appreciak it. be
said, and we will try to put something together.
3. He said while we arc looking at fees ... in Denver, when I rcqUCllod an ordinance. it c:oat me
$300.00 for an ordinance request fee . Do we want to look at something like thal in Englewood?
Mayor Bradshaw asked what he actually requested.
Council Member Yurchick said it was about the vacation of Pecos . I went back to thal and I was looting
through some records there and they made me pay a $300.00 fee to request an ordinance .
Mayor Bradshaw said wow.
Council Member Wolosyn asked if that is something that happens very often ... people requesting
ordinances.
Council Member Yurchick said that was pan of my question . How many times do those issues come to the
table? To me it looks like quite a bit. .. as I am scanning through those kinds of things.
City Attorney Brotzman said the lady who docs that is sitting ri&ht there.
City Clerk Ellis said we don't have that many requests for ordinances. When I put lhe packcl ll>plher.
after things arc signed. sometimes I will have extra copies and if it is minimal I am not PIii IO diarp
them for it. We just don't have that many requests and it is really nice IO be able to jllll hand lhem lhe
ordinance if they ask. We would mate very linle money, unless it is a hu,e recorda n,quat and we have
fees in place for that. We don't have many larae records request, but when we do. wejllll charp lhe copy
fee of 10 cents a page . Mr. Yurchick said that i fine .
• •
Eapewood City Coundl
Marcb 17, 2003
PaplS
{iv) Council Member Grazulis:
I. She said this Thursday is the Englewood Chamber of Commerce Outstanding Youth for 2003
Award over at the A VS between 11 :30 and I :00.
2. She said 1 wanted to thank Brian with IT. When they did the e-mail switch over this last weekend
1 had a nightmare. On Monday 1 called because I hadn't received anything for five days. By the time they
got back to me they found that I had 16,000 e-mails. I couldn't open anything, she said, but he wu real
helpful. I called him a couple of times on things and I just wanted to say I really like Brian.
3. She said I also want to thank Bill McCormick because I have an article for the CITIZEN coming
up and I talked to him about ,ome water issues and he gave me the IIClfeSI little packet reprding McLellan.
It gives a lot of great information from the begiMing until now. Unfortunately, for Leigh Ann, she hu to
pare down my article a lot, because I had so much information. Mayor Bradshaw said she does that well.
Council Member Grazulis said Bill wu very helpful ... above and beyond.
4 . She said on south, south Broadway ... on the extreme south, we are lolling businesses right and left.
There are a lot of vacancies. Besides the other things that won't fill up for quite awhile ... lhere is just
nothing attractive down there anyway.
Mayor Bradshaw said maybe we could uk Community Development to look at thal
Ms . Grazulis said some of these businesses have been lhere a long, long time and when they disappear
there is just stuff on the windows.
Mayor Bradshaw said look at downtown Littleton ... the same thina ia happening.
5. She said my youngest dauahter sometimes walks home from Sinclair and she p,es down
Chenanao to Lincoln and croS1CS Broadway and then Lincoln all the way down to die comer of die 4500
block. And this last week, in the middle of the wer,k. she told me about all the dead animals in the street.
She ·said she found four squirrels. two binb and one unidentifiable ... it had been aquiahed so much she
couldn't tell what it was. There wa-e seven, amall dead thinp. I told her she lbould be pickina up die
birds and she said they had all been run ova-. So I asked her to keep her eya out for anythina frah and let
me know about the frah thinp. 8111, Ms. Onzulis said. tllere could be somebody with a pellet po or BB
gun, aoing up and down, or a hawk or owl in the area or it could be somethina elrc. But for that to happen
at just one stretch of the road .. .I mean we are only talkina about four blocks.
In response 10 City Manaaer Sears, Ms. Gruulis said they were found in the area from Chenanao to
Stanford . It was weird. she said.
Mr . Sears saKI we will follow -up .
(v) Council Member Nabholz said I have been without e-mail for so Iona that 1
don 't know what it is like lo have a computer at home. I have been -1y eipi -U widlout a compuaer
that works. The City hu been very aood to come OUI, she said, but I called lut wwk aml said ... look. Ibey
have switched all of us over and I still cannoc acceu. Brian hu been very aood 10 come OUI. but he is
evidently busy . I realize they are busy. she said. bul could they put me II the IOp of die lilt? llalbcho
Keith twice last week and he tried to help me act in. They have been very helpful ... i.e-problems with
QWEST and a new modem and eva-ythina else, but I think it is ume to pl lhis llniplened ouL Pleaa lei
me have my e-mail, she said.
C11 y Manager Sears said we wil follow up .
Enalewood City Couadl
Mardi 17, 2003
Pqel6
Mayor Bradshaw said thanks for bringing that up.
13 . City Maaapr•, Report
City Manager Sears did not have any matters to brina before Council.
14. City Attoney'1 Report
(a) City Attorney Brotzman said I am goina to Minneaoca for a few days to watch college
hockey and I will be back next Monday.
Mayor Bradshaw said have a safe trip, I hope you can get out of town .
15 . AcUoara-t
HAW MOVED TO ADJOURN. The IIIClCling adjourned 11 8:35 p.m.
~~~~
1.
2.
3.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, MARCH 17, 2003
7:30 P.M.
Englewood Civic Center • Council Chambers
1000 Englewood Parkway
Englewood, co 80110
Call to order. '7: i/o ~
Invocation. l)~
Pledge of Allegiance. ~
4. Roll Call. ~ ~ / ~-d"{ 4aJR£)
5. Minutes.
fJffd fR-O a. M;nute, from the Regula, City Council Meeting of Ma,ch 3, 200~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
7.
8.
a. Jackie Edwards, a resident at Sandalwood Apartments, will address City Council
regarding the recent eviction of a fellow tenant by Englewood's SWAT Team .
Unscheduled Visitors. (Pleas~ limit_1'~':!r ~en~tion to five mil].!:!t.~,1 a . w~ y k.t!Lrou -c,;,f/~f o"'O~Ts q:;~'1£. #1¥H)t"rU1rPE.er.
t.,-• DA-1/ 1 tJ ..:f?JH JJSO Al-11 ,,
Communications, Proclamations, and Appointments.
if
9. Public Hearing (None Scheduled)
~
Plew note: If you haw a......, ....... ....., .. -~ ......... car.,, , .....
(303-:"'2·2405) al ..... • ....... ..__ al ................. n..ai,-.
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Englewood City Council Agenda
Mardi 17, 2003
Page2
1_2._0 · ~~f.rN:J6?hll_~~ I01.iikA1°; /Otri f-r; 0 ,r::p: 'I J · · · · Jff' a. Approval of Ordinances on First Reading. / t)~ I ii"~//{
i.
ii.
Council Bill No. 20 -Recommendation from the Utilities Department to
adopt a 6111 for an ordinance approving an Intergovernmental Agreement
with the Colorado Department of Transportation authorizing a Contractor
Adjusted Utility Agreement to facilitate traffic signal improvements at
Belleview and Clarkson. STAFF SOURCE: Stewart H. Fonda, Director of
Utilities.
Council Bill No. 21 -Recommendation from the Utilities Department to
adopt a bill for an ordinance approving Supplement #155 to the
Connector's Agreement with Southgate Sanitation District. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iii. Council Bill No. 23 -Recommendation from the Utilities Department to
aaopt a bill for an ordinance approving City Ditch License Agreements
with Ensor, Wildacre, and Green Valley Turf Co. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
iv. Council Bill No. 24 -Recommendation from the Department of Public
Works to adopt a bill for an ordinance approving an Intergovernmental
Agreement with the Urban Drainage and Flood Control District for
construction of Big Dry Creek Improvements at the Allen Water
Treatment Plant STAFF SOURCE: Stewart H. Fonda, Director of
Utilities.
b. Approval of Ordinances on Second Reading.
i. ~ounril Bill N':l. 17, accepting the dedication of a Transportation/Utility
Easement adjacent to the Korean Emanuel Church at 3095 South
University Boulevard.
c. Resolutions and Motions.
i. Recommendation from the Department of Parks and Recreation to adopt
a resolution approving continuance of a multi-year contract with E-Z Go
Colorado for the purchase of 12 new motorized golf carts. STAFF
SOURCE: Jerrell Blad, Director of Parb and Recreation and Daw Lee,
Manager of Open Space.
Plew now. If,-.... ......, ..... ...., ............... ...., .. aa,.,,-.., ......... .
(lOJ.762-240S)al ............ -.cit., ...................... ,...
)
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Englewood City Council Agenda
~ March 17, 2003
Page3
Recommendation from the Department of Finance and Administrative
Services to adopt a resolution approving a Supplemental Appropriation
for Year-End 2002 to comply with City Charter requirements. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative
Services.
iii. Recommendation from the Utilities Department to approve, bv. motjon,
the construction of two water wells at Mclellan Reservoir. Staff
recommends awarding the bid to the lowest acceptable bidder, Henkle
Drilling Company, in the amount of $294,246.60. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 22 -Recommendation from the Community
Development Department to adopt a bill for an ordinance approving the
,,/ extension of a Temporary Moratorium on New Residential Construction 0 FJIJ tt ~ -0 in the area bounded by West Evans Avenue on the north, West Vassar Tl Avenue on the south, South Tejon Street on the east and South Zuni
Street on the west STAff SOURCE: Tricia Langon, Senior Planner.~
b. Approval of Ordinances on Second Reading.
V.
c. Resolutions and Motions.
~ 3? i. (Continued from March 3, 2003) Recommendation from the
· Community Development Department to adopt a resolution approving
fJ/:td.-f£7-0 /))(:I.A. riJ ~he proposed Development Review Appli~tio Fee Schedule. STAFF ~ /J.i,. 1 SO~CE: ~thony J. Fnachtl, Planner I.
( {!/IA-$ l)lrfid, r -~ "1D Y~~)
ii. Recommendation from the Department of Finance and Administrative
Services to adopt a resolution approving a Transfer of Funds from the
General Fund to the Englewood Urban Renewal Authority. STAFF
SOURCE: nk G ~ Director of Finance and Administrative
Recom endation from the Department of Finance and Administrative
Services to adopt a resolution approving a Transfer of Funds from the
Capital Projects and Capital Equipment Replacement Funds and a
Reduction of Budgeted Contingency and Community Development
Funds . STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services./)~
Please note: If yc,u haft • ......, ........ ....., .................... Cllr .,, -••
(303-762-2405)al ................ a1 .................... ,...
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Englewood City Council Apnda
March 17, 2003
Page4
iv. Recommendation from the Human Resources Department to approve, by
motion sponsorship of the Englewood Housing Authority for membership
~olorado Intergovernmental Risk Sharing AR.ency lCIRSA). STAFF
SOURCE: Joan Weber, Benefits/Risk Manager. ~
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
Adjournment '3:55 ~
The following minutes were transmitted to City Council between February 28 and March
13, 2003:
Englewood Housing Authority Regular Meeting of February 5, 2003
Englewood Housing Authority Annual Meeting of February 5, 2003
Englewood Cultural Arts Commission meeting of February 5, 2003
Englewood Public Library Board meeting of February 11, 2003
Englewood Parade Committee meeting of February 12, 2003
Englewood Code Enforcement Advisory Committee meeting of February 19, 2003
Englewood Police Officers Pension Board meetings of July 11 and December 13, 2002.
Englewood Firefighters Pension Board meetings of July 11 and December 13, 2002
Plew IIOlr. If,-..... ....., ...... ...., .................... Gr ... _ •...
(303-7'2•240S)al ............................................ ,.. ___ ...
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Session
March 3, 2003
1 . Call to Order
The regular mee1ing of !he Englewood Cily Council was called 10 order by Mayor Bradshaw at 7 :32 p.m.
2 . Invocation
The invocation was given by Council Member Nabholz.
3. Pledge of Allealanc:e
The Pledge of Allegiance was led by Mayor Bradshaw.
4 . Roll Call
Present :
Absent:
A quorum was present.
Also present:
5. Minutes
Council Members Nabholz, Moore, Grazulis. Garrett. Wolosyn.
Yurchick, Bradshaw
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Rahcrty
City Clerk Ellis
Direc1or Ross. Public Works
Planner I Fruchtl, Community Development
Senior Planner Graham. Community Development
Director Eaton. Human Resources
Director Olson, Safety Services
(al COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THJi: REGULAR CITY COUNCIL MEETING OF FEBRUARY II,
2003.
Mayor Bradshaw asked if 1here was any discussion . There was no n«;;.
Vote results:
Ayes :
Nays :
Mo11o n ~jrried .
6. Scheduled isltors
There \\ere no ~c hcdulcd , 1,11or,.
'1 . Lnsdwduled Visitors
Council Members Nabholz. Moore. Garren. Wolosyn.
Yurchick. Grazulis , Bradshaw
None
Englewood City Council
March 3, 2003
Pagel
(a) Mayor Bradshaw said Mr . Koucek and I spoke this afternoon and I asked 1ha1 he come
10 1he meeting and speak 10 Council. Mr. Kozacek presen1ed Council wilh some piclures.
Gary Kozacek , 1260 Wesl Oxford, said l have lived there forever. my grea1-grea1 grandparents
homesteaded the land . I have received some paper work from the City, basically threaiening me 10 have to
remove a lree that is 100 close to a fire hydrant. l don '1 disagree that the fire hydrant is inoperable, because
the tree has grown to the point where it lakes a short handle, which the Englewood Fire Department does
carry. We have discussed this for well over a year, because it is righl across from the Meadow Gold Dairy.
My problem with this. as you will see on the last page. is the cost. The tree was there before I was born and
I am 51 years old . We can attest that we homesteaded this land prior to it even being a part of Englewood .
We have given up. twice, land to the City of Englewood just to go down Oxford. Once. initially, for
Oxford and then the widening of Oxford. And we have given up land, to go up Lipan ... a great deal of
property ... when we moved up Lipan . This fire hydrant was placed there way after the tree had grown . It
was well over 30 years old when the fire hydrant was placed at that location. l have no problem with the
loca1ion. My problem is lhat the tree existed ahead of time. The fire hydrant was not placed 3 feet away
from i1, it is now 12 inches away. He referred Council to the photograph. Photograph number one shows it
is 12 inches from the tree . Photograph number two is from the sidewalk to where the hue of the tree is. l
used yardsticks in different colors so that you can see what the actual measurement was. Phocograph
number three, ,hows from the fire hydrant to past the midpoint of the trunk of the tree. I told the Fire
Departmenl a year ago, when they first approached me, that I can give permission for the removal of that
tree. but if the City turns around and wants to go ahead and try to force me to have to pay out of my pocket
for the removal of thal tree. then I will have to take additional action on something being forced upon me .
We have never been reimbursed, he said, nor was there any compensation given to us as we were promised.
when we gave up Lipan . Also, for giving up the property, we were not supposed to be charged for lll'CCI
paving or the L'Cment sidewalks. We have had to pay all of it, not only once on Lipan, but we had to double
up again on Oxford. So I've come to City Council and I'm proposing that you comicler it A$ the letter
stales. I have until the t4•. The tree will not be removed at my expense, he said, unless the court5 decide
1hey wanl to make a decision on it and then we will see where the grandfather clause comes in on the act.
Mayor Bradshaw said I appreciate you coming on such short notice. but I think the seven of us need to hear
this .
Mr . Kozacek said no. that is fioe. I called the Mayor and the reason I wanted to approach the Mayor was to
gel the information 10 you ahead of time . I thought perhaps you could discuss this in Study Session, but
she asked me 10 present it to all seven of you. Here are the facts and if you need more I have plenly. I have
the deed s from the 1800's showing my rights to that property. Thank you, he said.
Mayo r Brad shaw asked if there any questions . There were none . She thanked Mr. Kozacck .
Mayo r Bradsha w asked Ci1 y Manager Sears . where do we go from here . Should we direct Staff to look at
thi s?
Co un ci l Member Garrett said we could lake it up under Council Members' Choice. at the end of this
meet ing .
Ma yo r Brad shaw said oka y.
In re spo nse to Mr . Kozacek . Ma yor Bradshaw advised him that City Mana1er Sears would call him .
(bl Don Se ymour . .J750 South Lipan. said I came down tonipt to talk on this inoperable
aut o thin g yo u keep talking about . I may 001 be here on April 21" as my wife is trying 10 get me to lake her
to c ~nada for 30 da ) . An~ "ay. while I didn't homestead where I'm at. I nave been in town for 69 of die
100 )'Ca rs "e·,c been aro und . My mother was here since 1906 and I've been in the house I'm in for 30
)ears and in the nei ghbo rh ood fo r 44 and you just keep pushin1 me. you know . I've pared my fleet from
Englewood City Council
March 3. 2003
Page3
probabl y 12 muto rized vehicles, that 's both four wheel and two wheel, down to about a half dozen or so.
Yu u just keep pus hing me. First, it is take them off the street. so I take them off the street, put it on the
lawn. Then. no it has to be hard pavement, so I put the paving stones under them ... being the agreeable guy
I am . I've sold them off. I'm down to one that is classified as an inoperable vehicle. All four tires are up,
it's painted all the same color all the way around. it has a new over all engine that has less than 500 miles
o n it and it ha s an overdrive unit in it, which is not too shabby for a 1970 Willie. I even went out and got a
blue tarp and then I heard there were some among you that didn't like blue tarps. so I thought. well yeah . I
can see that. So I got a green tarp . put it on and tied it with nice bright yellow rope. tied it up li!:c a
Christmas present . I tried to do a neatjob ... you know what I mean'/ And now I sec, you arc calling my
operable vehicle. an inoperable ... because I don't have a license on it. It is operable, but I just don't have it
licensed. What can I say? I think. and Marilyn could attest to this as she agrees, that an untarpcd vehicle
doesn't look that bad . Now, I invite any of you to drive by 4750 South Lipan and look. You can't even sec
the car until you are right in front of the driveway, because it is up against the garage door. There are
hedges on both sides. And the view from in front of my driveway is a solid cindcrblock wall across the
street. a retaining wall. So it isn 't ruining the neighbors view, I want to tell you, plus we set higher than
they do anyway . I don't know ... can we draw a line some place so chat I'll know thar I did the right thing,
that I'm safe '! And put it behind a solid fence and then have to put a fitted cover over it ... now what
difference does it make whether it is covered at all if it is behind a solid fence? I'm serious. I mean. we
went from rhe time when I would replace a transmission in the driveway at my mother's house to now and
things are just getting tighter and tighter around here. And we are still Englewood. If you don't believe it,
park in selected locations and look around you. I was at Frank's Pizza on Sunday, sitting there and looking
around. I want to tell you, the view from there is awesome, at least. if you sit at that corner and look
around. We are nor Cherry Hills, we are not Columbine Country Club, we are not any of them. We are
Englewood. Come on. Some of us have lived here forever, at least forever for us. And like, what would
Esrasil say? Give me a break. So, I will come back on the 21 " unless I'm in Canada. If so, then I will
submit a written document. Thank you, he said .
Ma yo r Bradshaw said thank you.
(c) James Johnson said thank you Mayor and CifY Council Members. I want to speak to you
today about Liberty Day. I happened to peruse over your agenda and I feel very strongly about this
holiday. so I JUSI wanted lo speak 10 you folks about it . First of all, I would like to diank you and the City
of Englewood for supporting this holiday. It is really an important holiday to me. I still have my pocket
Constituti o n. which I carry around with me everywhere I've gone for the past couple of years. I mean it is
a document that I believe very strongly in. Englewood is a perfect microcosm of how we should be at the
f~dera l level. The Mayor is the executive. yet s he docs not have the power to make legislation alone ... you
guys make II toget her. She acrs as. basically, the PR representative in an official capacity, she is the face of
En g le\\ood. but ,he 1s not rhe dictator of Englewood. I mean, you guys make the decisions together. But as
far J, o ne man in control, okay ... not talking about Bush specificall y, I mean, this goes across party line s,
Bu ,h . Clint o n. doe,n't mutter \\ho. I worry that when we have one person deciding the fate of our Nation,
u ur fo reign policy. this is precursor to dictatorship rather than a representative repu 'ilic . Our nation was
fo unded o n the principal that our representatives, Congress. together can decide the .1ircction of our foreign
po li~1e, for o ur ~o untry . Article I. Secuon 8 . of the Constitution says. CongTCss has t,e power 10 make
war There ha, no t been a Congressional Declaration of War since World War II. Okay, there is something
c alled. the War Po wers Acts. but that states the President can send troops for a ma.,imum of 60 days to any
contlict he deems a conflict. Okay. 60 days maximum. At that point. he mus t bring them back. unless
there 1;, a formal Declaration of War. so "c will JUSt ha,·e to wait for two months to see if that happens.
A nd a, far as that goes. you know. knowledge of the Constitution and the powers and limitauons of the
bran che s. 1s 1mportan1 now more than ever. I have taken the oath to defend the Constitution four times in
m~ life and I'm o nly_ I year old. I have alTC:ady taken the oath four times . That is how stron1ly I beheve
in ,hat o ath and I uphold that oath. I took that oath before God and hcfore everybody else I took that oai:i
"11h I behe,e ,cry trongl) in that oath. Oka .. I tool chat oath to defend the Cons111u11on from enemies
lore 1g n .ind d o me ,u c. I ha,c no qualm,, \\Ith Engle"ood 11self. I mean from "hu l',e .een from you folks
.i nd Dan Brotz man . o ur C U} 11orne}. )' u 1uy belie,e ,cry tronaly 1n the principles of lhe ConsalUllOII.
I hJ ,e read u ,er the minute,. l\\o .cpJrate ,et;, ot minutes that you guys had and you \\ere talion& about the
.,.
t
•
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Englewood City Council
March 3, 2003
Page-I
First Amendment Right of Expression. I thank you guys very strongly for that and I'm very thankful to
live in Englewood, a city that actually believes in that. I'm just talking about more at the Federal level. It
is a small minority. but there is a minority of representative leaders that are acting against the principles of
the Constitution. Many of the citizens are unaware of the Constitution and its contents or of the other
unconstitutional laws that have been recently passed in the last century. Ignorance is no excuse, he said , we
have only ourselves to blame for our lack of knowledge of the Constitution. It is good that Englewood
supports this holiday, Liberty Day, and I hope it will promote a greater understanding and love of the
immortal document. That contract between our servant government and the populace that is in
charge ... that they. as our leaders and representatives, will protect and defend the Constitution and do what
is right for all Americans . So, once again. I would like to thank the City of Englewood, Mayor, all you
Council Members, for upholding this, supporting this holiday . I really, really appreciate it and thank you,
he said . Have a good night .
Mayor Bradshaw asked if there was anyone else who wished to address the Council on any issue this
evening. No one came forward .
8. Communications, Proclamatioas and AppolnlBMab
(a) A proclamation declaring March 16, 2003 as Liberty Day was considered.
COUNCIL MEMBER NABHOLZ MOVED, AND I'f WAS SECONDED, TO DECLARE MARCH
16, 2003 AS LIBERTY DAY.
Ayes :
Nays:
Motion carried.
Council Members Nabholz, Moore, Garrett. Wolosyn,
Yurchick. Grazulis, Bradshaw
None
(b) A reso ution appointing Laura Bartnick to the Englewood Code Enforcement Advil()f'y
Committee was considered.
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE A
RESOLUTION APPOINTING LAURA BARTNICK TO THE ENGLEWOOD CODE
ENFORCEMENT ADVISORY COMMITTEE.
RESOLUTION NO. 32. SERIES OF 2003
A RESOLUTION APPOINTING LAURA BARTNICK TO THE CODE ENFORCEMENT ADVISORY
COMM ITTEE FOR THE CITY OF ENGLEWOOD. COLORADO.
Vote results:
Ayes :
Nays :
Mou on carried.
Council Members Nabholz. Moore. Garrett, Wolosyn.
Yurchick. Grazulis, Bradshaw
None
(cl Presentation recognizing the Project Partners responsible for the 2002 Phoerull Awards'
recog muon of CityCenter Englewood.
M.t)Or Brad haw .aad tha s has been a lo ng time comma. I know we all haven't seen eye to eye on many
1,s ue , through tha s whole than!!, but C uyCenter Enalewood is here and ifs beautiful and Re,ion 8 EPA
rerogmzed 1hat w11h a Phoeni x Award. Mayor Pro Tem Doualu Garrett wem to receive this naaional
U\\ard . We won tha s nati o nal award and. for a City of our size. that is quite a coup and we couldn'1 have
done 11 "uhout 1he partnership o f these people. She npwned that the Phoenill Award i1 a time-honored
rerngn111o n for r reattng J nc" use out of dechmn1 use . Bob Simpson. 5lte said. noted that it was nuna
trom 1he :ii.he h~e 1hc mythical Phoenix. Cat}Center II amona the fant proJectl naalOMlly to convert an
Englewood City Council
March 3, 2003
Page S
interi o r mall into an outdoor urban and pedestrian environment. When some of us were running for
Council in 1997. she said. we wanted to develop an urban village ... what you see now is an urban village.
The EPA claimed that the redeveloped Cinderella City is as an excellent example of overcoming
envimnmental challenges to change land use on a contaminated site. Those of you who shopped Cinderella
City. didn 't realize it was that contaminated. However, as we peeled back the layers, it got scarier. The
Phoenix Award winners were selected from each of the EPA's 10 districts. CityCenter Englewood is
recognized for revitalizing community spirit, as well as the tax base in Englewood. If we hadn't completed
thi s project. our budget woes would be horrible. So thank you all for your partnership. She noted that Mr.
Garrett attended the ceremony. She asked him if he would like to say something.
Council Member Garrett said I was fortunate enough to attend and accept the award on behalf of the City
and also for everybody that participated in the project. One of the things. that was quite remarkable, is how
well we stood up . We didn't win the over all national award, he said, and we should have been one of the
to p two. We stacked up well, but we did not build a ball field, which seemed to be what people like to see.
That's the thing that I think impressed me the most. was how we stacked up against some of the major
cities around the country. So. he said, I want to thank everyone for all pulling together to make this
happen. Thank you.
Mayor Bradshaw said we have some certificates to help commemorate this.
Mayor Bradshaw presented th e certificates. Many entities made this possible. she said .
Mayor Bradshaw said the Englewood Environmental Foundation, or EEF as we fondly call it, was the
de ve lopment corporation that we used to help the City of Englewood become the master developer on this.
We have also used EEF to help with the holiday lighting, special events, and the farmers market.
Mayor Bradshaw s:iid the Tri-County Health Department is part of the environmental review team that
helped the City of Englewood in its quest to redevelop the site .
Mayor Bradshaw s:iid Trammel Crow residential brought the interesting mix to the site, plus they also
sponsored an art wall and you see that when you ride light rail into Denver. ll's the metal sculpture.
Mayor Bradshaw advised tha1 the Regioruil Transponation District's $200 million investment in the light
rail ,ys1em sparked 1he potemial for si1es like CityCenter Englewood and we only hope !hat FasTracks will
pas,. ,o we can ha ve different developmen1s liL:e thar. We see this Center as a model of Smart Growth on a
Brown fields si te and we hope a 10 1 o f o ther proJects will be popping up in the metro area soon. Mr. Jim
Ziv1,t is here 10 receive the certificate.
Mayor Bradshaw sai d another partner here is Wal -Mart . They were the first business to commit to
bu ilding . Yo u see o ur Wal -Mart and ii does n't look like a 10 1 of the Wal-Mart . It is concrete, it has an art
\\all and 1he y ·vere the fir st ones to j ump o n the bandwagon wit h the art wall . They are community minded
and ha \l! provided a grn nl al this lime to fu nd 1he aquarium in o ur library on the tirs1 floor . So they provide
a IOI of Jobs and they are a good asset.
Ma)or Brad~haw said Miller Weingarien. o ur re1ail developer. breaL:ing new ground 1n 1he area of Sman
Grow1 h. is a valuable partner to o ur s uccess. Mr. Grea Moran. who we have had cross words with ... and I
1h mk some pleas anl wo rd s la1cl y. will be acccpling 1h1 s. Mayor Bradshaw !hanked him.
Mayor Bradsha w no ted the Un11ed S1:11e s En\lronmenral Protection Aaency provided funding for our
Brow ntields Grant. back m 1997 . Mr. Max Dod n. ProJect Maruiger 1s here . Thank you guys . she said .
To c reaie o ur Brownfield revitalizauo n program. over the years '"'C have used these funds to create Jobs •t
, aca nt manufoc1unng facilities. create ball field . open space at Centennial Park :and plan for the eventual
rede, elo pment of General l • n Works . Thank )OU both so much. he said .
• •
Englewood City Council
March 3, 2003
Page 6
Mayor Bradshaw said 1he Uniled States Economic Development Administration, the EDA, provided a grant
of $850.000.00 to assist with the demolition of the parking structure. Their focus was also on job creation.
This project generated r o new jobs for Englewood, with an additional 410 jobs on sites adjacent to
CityCenter Englewood . Gart Spons. alone, has created 350 jobs. and the redevelopment of the former City
Hall si1e will create 90 more jobs.
Mayor Bradshaw said the Colorado Department of Public Health and Environment allowed the mixed use
concept to become a reality. Dan Scheppers is here. she said. They helped with the voluntary cleanup
program . The V-CUP Program provided the assurances necessary to allow this type of development on a
site facing potential environmental hazards . Mayor Bradshaw said thank you so much for every thing. Mr.
Scheppers said it was a pleasure working with your staff. Mayor Bradshaw said we do have the best staff.
Mayor Bradshaw thanked everyone for coming .
9. Public Hearing
No public hearing was scheduled before Council.
10. Consent Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (Ii), (Iii), (Iv), (v), (vi), (vii), (viii), AND 10 (c) (I)
and(il).
(a) Approval of Ordinances on First Reading
(il COUNCIL BILL NO. 17. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE r\CCEPTlNG DEDICATION OF A 12-FOOT WrDE
TRANSPORT A Tl ON/UTILITY EASEMENT ALONG UNIVERSITY BOULEY ARD IN THE CITY OF
ENGLEWOOD. COLORADO.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 16, SERIES OF 2003 (COUNCIL BlLL NO . 6.
INTRODUCED BY COUNCIL MEMBER GARREIT)
AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2. SECTION 2. PARAGRAPH (C),
SUBSECT ION (I). SUBPARAGRAPH (d) OF THE ENGLEWOOD MUNICIPAL CODE 2000
APPROVING A PERMITTED INDUSTRIAL FACILITY TO RAJSE THE LOCAL. UPPER pH
LIMITATION .
(ii) ORDINANCE NO . 17 . SERIES OF2003 (COUNCIL BlLL NO . 9 ,
LNTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINAN CE REPEALING AND REENACTING TITLE I. CHAPTERS. SECTION I. OF THE
ENGLEWOOD MUN ICIPAL CODE 2000 . RELATING TO REAPPORTIONMENT OF CITY
COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD. COLORADO .
!1iil ORDLNANCE NO . 18 . SERIES OF 2003 (COUNCIL Bill NO . l l.
INT ROD UCE D BY COUNCIL MEMBER GARRETT )
.. t
• •
Englewood City Council
Morch 3, 2003
Page?
AN ORDINANCE APPROVING AN fNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD, COLORADO. AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD 'S SURPLUS WATER .
(iv) ORDINANCE NO. 19, SERIES OF 2003 (COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL
TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTl:.D UPON
ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY .
(v) ORDINANCE NO. 20, SERIES OF 2003 (COUNCIL BILL NO . 13, INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY
NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH
ELATI STREET FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CORRECT THE DEED.
(vi) ORDINANCE NO. 21. SERIES OF 2003 (COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE ACCEPTING THE TRANSFER OF PROPERTY FROM THE ENGLEWOOD
URBAN RENEWAL AUTHORITY TO THE CITY OF ENGLEWOOD, COLORADO.
(vii) ORDINANCE NO. 22, SERIES OF 2003 (COUNCIL BILL NO. 15 , INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY
NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH
ELATI STREET FROM THE CITY OF ENGLEWOOD TO THE ENGLEWOOD ENVIRONMENT AL FOUNDATION.
(viii) ORDINANCE NO. 23, SERIES OF 2003 (COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AMENDING TITLE 12. CHAPTER 2. SECTION 3, PARAGRAPH B. SUBSECTION
8. AND TITLE 12, CHAPTER 2. SECTION 3, PARAGRAPHS D AND E, OF THE ENGLEWOOD
MUNICIPAL CODE. CLARIFYING THE SEWER FUND RATES.
(cl Re solutions and Motions
(1) RESOLUTION NO . 33. SERIES OF 2003
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2003 MICRO-
SU RFACfNG PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116
(bl OF THE HOME RULE CHARTER AND SECTION 4 -1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 1000
(11 ) THE PLACEMENT OF THE MUSEUM OF OUTDOOR ARTS' "DESIGN
NO B ULLO " PROJECTS THROUGHOUT THE CITY OF ENGLEWOOD.
i\!a)ur Brad,ha11 as ked 1f anyone wished 10 pull any of the ucms . They did not .
\To te results :
• •
Englewood City Council
March 3, 2003
Page8
Ayes:
Nays :
Motion carried .
11. Regular Agenda
Council Members Nabholz, Moore, Garren. Wolosyn.
Yurchick, Grazulis, Bradshaw
None
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading. (Sec Agenda Item 10 -Consent
Agenda .)
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent
Agenda .)
(c) Resolutions and Motions
(i) Director Ross presented a recommendation from the Public Works ~artmcnt
to adopt a resolution modifying the Public Works Permits Fee Schedule. We arc before you tonight to
recommend that the City Council approve a resolution to increase the fees that we charge for engineering
reviews for people who do work in our public way . The idea is for this fee increase to come closer to
covering the actual costs for the City to administer, inspect and to review that work . If you have any
questions, I would be glad to answer them, he said.
Council Member Wolosyn said she had a question regarding the work done in the public way ... thc $4.00
per square foot for the cuts and the gravel alley cut fee . That can happen now with the law, she said . Was
that the issue in Denver's case or was that another issue?
Direc tor Ross replied that actually Denver's case had more to do with the fact that they were charging
people kind of a rental fee for having the privilege to be in their public way, and that's where they got into
trouble with the Supreme Court. He explained that these fees. the $4.00 per square foot for city asphalt and
then the gravel alley, that's work that our crews actually do. so that's not an inspection. that's actual work.
Council Member Wolosyn ,;aid that's not a wear and tear fee . Thank you.
Mayor Brad shaw asked if there were any other questions for Director Ross. There were none.
C OUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM ll(c) (i) -RESOLUTION NO. 34, SERIES OF 2003.
RESOLUTION NO . 34. SERIES OF 2003
A RESOLUTION APPROVING MODlFICATION TO THE PUBLIC WORKS PERMITS FEE
SCHEDULE. IN SPECTIONS, AND ADMINISTERING TITLES 8, 11. AND 12 OF THE ENGLEWOOD
MUNICIPAL CODE .
Vote results:
Ayes :
Nays :
Muu o n earned .
Council Members Nabholz. Moore. Garren. Wolosyn.
Yurchick. Grazulis. Brad5haw
None
• •
Englewood City Council
March 3. 2003
Page9
(ii) Planner I Fruch1l presented a recommendati o n from the Community
De vel o pment Department 10 ado pt a resoluti o n approving the proposed De velopment Review Application
Fee Sc hedule . Staff recommends !ha t !he City Coundl consider and approve by resolulion !he proposed
develo pment rev iew applicati o n fee as outlined in Exhibit A . The City of Englewood's current
de vel o pment applicati o n and a ssociated fees has not been updated since early 1980's when they were
o rig inally e stablished . To determine if the City's development fees arc up 10 date and comparable to other
cities. staff co nducted a survey of fifteen cities within the metropolitan region. Three objectives were
determined for the assessment. To review the City's current development fees ensuring that it provides
reasonable costs for recovery for staff time, to compare the City's existing and proposed development fee s
remain equitable with other front range jurisdictions and to determine the projected revenues based upon
proposed development review applications and fees . To demonstrate the findings. Attachment B provides
two separate charts, that individually break down the fees between existing and proposed development
reviews . The categories include the application type. the current fee, the number of applications received in
2002 , revenue collec led, !he front range average, the proposed fee and the projected revenues. The first
char!, Current Development Application Fee and Proposed Revenue, demonstrates that in 2002 staff
received 114 development review applications and requests. Of the 114 development review applications
requests that were received. only 29 of those had fees associated with them . ln tum, collecting $2,350.00 in
revenue . If the proposed development review application fees were implemented, Sl 1,125 .00 in revenue
wm•'d have been generated from those same 29 fees . The second chan. Proposed Development Review
Ap _ation Fees and Projected Revenues. illustrates that 85 requests for proposed development review
applkaiio ns were rece ived in 2002 with no development review fee generated . lf the proposed
development review applications would have been implemented at that time. $5200.00 in additional
re venue would have been generated from the same 85 applications . At this time, staff would like to answer
any questio ns yo u may have .
Mayor Bradshaw asked if there were any questions for Mr. Fruchtl.
Counci l Member Yurc hick said he didn't have a question, but did have a comment. I personally, would
like ACE 10 look at this because I sec it having an impact on development in the City.
Ma yor Bradshaw a sked if there were any objections to ACE looking at this.
Counc il Me mber Grazulis said she thought it was a good idea. l sec a large chunk from certain fecs and I
wo uld lik e 10 see them look at it .
Coun c il Me mber Yurchick said what I'm looking at is I'm looking at $17,000.00 worth of revenue. dlat l
do n'! kno w whether they are justified orihey arc nuisance fees . You know. is it worth S 17,000.00 if we are
try in g 10 gel pe o pl e 10 do things in the City.
P lanner Fruc hll referred hi m to the first c hart , the C urrent Develo pment Application Fees and Projected
Re venue. He rei 1era1ed 1h a1 staff contacted 15 additional j urisdic tions with in the metropolitan area and we
did an averaging based u pon what c cna in c ities c harged as o pposed to what we c harge.
Counc·,I Member Yurc hick said rm no t questio ning yo ur fee s or comparing them with other people in the
area . My q ue stio n is whe the r it is it wonh S 17 .000.00 10 be a nui sa nce to so mebody who wants to do a
proje~1 in the Ci ty.
Counc il Member G.1 rre11 ,aid when Ke n Ross was here we were looking .at rcc o vcrina some o f the costs the
C l!} pu1 , int o re vie" ,ng . ii was a recovery ~hanism. whic h is easier a nd more Justified than ... well. we
JUSt need re venue.
Planne r Fruc htl ,a,d 1he pro po,ed fee increases will help compensate fo r a 101 o f staff's reco very time. bu111
doe;n·1 rnmpen ,.11e 1o r e ,erythm g. h 's morejus1 see in g if "e arc ,1111 equn able w11h1n the Junsdicnons .
alo ng \\Ith 1he cm,t re c1J ,er}.
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Englewood City Council
March 3, 2003
Page 10
Mayo r Bradshaw stated my concern is that we haven't changed these fees since 1984. Mr. Fruchtl
answered ye s .
Mayor Bradshaw said look at what's happened, economically, to all of us since 1984. I don't know that we
have 10 run this by ACE.
Mr . Fruchtl said on the se..:ond chart. the Proposed Development Application Fee and Projected Revenue.
we have the Administrative Amendment. Administrative Property Combination, Administrative
Subdivision. Amendments to the TSA. the Floodplain Certificate. the Overall Concept Plan and the Transit
Station Area Plan. Those fees arc on line with the new UDC that will be proposed. Staff has taken a
proactive approach towards what will be coming in the future, to try to help compensate anything that may
go with staffs recovery time in the future. So we tried to look at what we currently do as staff, right now,
today. and also look at what the future will hold and try to capture all those within a fee schedule that is
proactive .
Council Member Moore said this one particular item. the jump in the rc.~idential variance. from $50.00 to
$225 .00. is not only substantial. it is substantially higher than the front range fee average. Most of these
~em very much in line with the average ... bottom of the first chart under current development review .
Mr. Fru..:htl said. with the Board of Adjustment. it's a lot of staff recovery time . Each application takes
approximate! y IO to 15 staff hours to process. That would include the pre-application meeting with each
individual applicant that comes in, the time taken by the Development Review Team, assessing answers
from the Development Review Team, compiling a staff report, the actual publication that the City pays for
within the Englewood Herald and the time during the Board of Adjustment application hearing. We had 20
applications last year. he said.
Council Member Yurchick said irregardless of whether it is necessary to send this to ACE or not, I'm
requesting that it be sent there for their input.
Council Member Wolosyn said I second that also. because we have taken a lot of trouble to tell them we
are going to keep them in the loop and even on a minor thin& like this, I think that if they found out that we
went :ihead without it , it would cause more problems .
Ma}o r Bradshaw said it sounds like Council is not ready 10 deal with this at all this evening.
Co un,,I Member Garren asked when is the next ACE meeting. Ms. Wolosyn said ii is just a week from
Thur da y. Ma yo r Bradshaw said we could look at ii in two weeks.
CO NCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CONTINUE
GENDA ITEM I l(c) (ii) TO THE MARCH 17, 2003 REGULAR CITY COUNCIL MEETING.
~l.l)or Brad,haw a,~ed 1f there wa s any discussion .
Cuun.:1 I !e mber Moore sa,d he wo uld not be at the March 17"' meeting. so he would like 10 make one
rnmment fo r com,1dcra11 o n. With respect to the residential variance. I know that this fee is being set based
"n taff c ,t. One argument about variances. he said. is that they arc not associated with the individual . but
"e e t broad rul e fo r c,·cno ne and we kno" we have to do variances sometimes. because the rules can 't
co , e r all 11u.111o n,. So I think 11 might be appropriate that the fee associated with a variance is not fully
borne b) th e tndl\ ,dual . When we rc,•,sit this. he said. I would like for you to consider that I think the
re 1dcnt 1.il , anancc number• seem, a hnlc b,t high .
:'I.I r Fruc htl no ted 1ha1 at 1h1 moment Council docs have the ability 10 amend some of the fees, if you
\\Ould hl..e to. ur po 1b l) at the ne" mccttnl!.
:l l.1~or Br.1d,h.1\\ a1d e rnuld do that o n March 11•
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Englewood City Council
March 3, 2003
Page 11
Mayor Brad shaw asked if there were any other questions . There were none .
Vole resulls:
Motion carried.
Ayes :
Nays :
Council Members Nabholz. Moore , Ga1Tctt. Wolosyn.
Yurchick. Grazulis. Bradshaw
None
(iii) Senior Planner Graham presented a recommendation from the Community
Development Depanmenl lo adopt a resolution authorizing assignment of Englewood's 2003 Private
Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership
programs . This is the second year that Englewood has been an entitlement community for a Bond Cap
Allocalion, he said. We had cxlcnsive Study Sessions and discussions, last year, deliberating on the
possible alternative uses for the Bond Cap Allocation and settled on CHFA to provide home ownership
activities. When we were notified by the State this year. we went ahead and scheduled this item for
Council's consideration to see if you would like to do that again. Staff's recommendation is that you pa , a
resolution allocating that lo CHFA. Keep in mind, he said, that the City's money manager has advised
that we could hold off on executing that until mid-year. to sec whether or not we have had any applications
for using !he Bond Cap Allocation for economic development reasons .
Mayor Bradshaw said ironically we didn't pool ours with Metro Mayors, because we wanted to put it with
CHFA . And guess what Metro Mayors is doing? They are pooling theirs with CHFA now. So we did il a
year ahead. I have no problem with this, she said, and we do not have to do anything until mid-year, to see
what is going on , but we could pass this resolution in support.
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM ll(c) (IU)-RESOLUTION NO. 35, SERIES OF 2803.
RESOLUTION NO . 35, SERIES OF 2003
A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE
AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD ,
ARAPAHOE COUNTY, COLORADO PURSUANT TO 11-IE COLORADO PRIVATE ACTIVITY
BOND CEILING ALLOCATION ACT .
Vole results:
Ayes: Council Members Nabholz. Moore. Garrett. Wolosyn,
Yurchick , Grazulis , Bradshaw '
Nays : None
Mouo n carried .
(iv ) Director Eaton presented a recommendation from the Human Resources
Depanment t0 appoint, by mou on. a hearing officer for a disciplinary appeal filed by a former employee,
Tony Pedron . The re s ume s of th ~ he aring officers Council. appointed earlier this year. are in Council's
packer . she ,aid.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT RONALD
COHEN S THE HEARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY TONY
PEDRON.
Aye,:
Nay,:
Mou on ,arned.
Council Members Nabholz . Moore. Garreit, Wolosyn.
Yurchick . Graiuhs. Bradww
None
Englewood Cily Council
March 3, 2003
Page 12
12 . General Discussion
(a) Mayor's Choice
Mayor Bradshaw did not have any matters to bring before Council.
(b) Council Members· Choice
(i) Approval of Council Bill No. IO. pertaining to inoperable vehicles, on first
reading. and setting a public hearing for April 21, 2003 was considered.
Mayor Bradshaw asked if there were any questions.
Mayor Bradshaw asked if this came out of the Code Enforcement Advisory Committee. She asked Council
Member Yurchick to give some background on this propo~ Council Bill .
Council Member Yurchick said it was almost a 50/50 vote ... it took just one vote to get it here in this form.
One half says leave it the way it is and the other half says lets tighten it up .
Mayor Bradshaw said we will have a public hearing and hear about it .
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 10 AND TO SET A PUBLIC HEARING FOR APRIL 21, lGOJ.
COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER YURCHICK
A BILL FOR AN ORDINANCE AMENjllNG TITLE 15. CHAPTER I, SECTION 2. DEFINITIONS,
TITLE 15 , CHAPTER 9. SECTION I. PERTAINING TO VEHICLES; INOPERABLE; AND ADDING A
NEW TITLE 15 . CHAPTER 9. SECTION 2. PERTAINING TO (VEHICLES; OFF ROAD (ORV).
ENGLEWOOD MUNICIPAL CODE 2000.
Mayo r Bradshaw asked if there was any discussion.
Counc,I Membe.-Moore said there is one thing I want to ask Council. In here we have a ICCtion aboua the
length of time you can work on a vehicle . It says not to exceed ei&ht hours. one day per calendar -k. I
recall the e1ght ·huur discussion . he said. but I don't remember the,limitation of one day per calendar -k.
Ma )Or Bradshaw ,aid I didn 't remember that either.
City Anurney Brotzman advi,ed 1ha1 Council can modify that now o r after the public hearing. One of the
thing; that was addressed, afterwards. by my s tuff. was rhat rt was an open.ended timeframc . that tt was
1mpo,s1ble 10 ev~r meas ure 1t 1f you Just made it eight hours per week. There was absoluiely no lim1tauon.
so you could \\Or~ o n II an hour every day. You would never be able to measure that trrncfnune . The
1hough1 "a, that the weekends :.ecm to be the primary time that people would be workin1 on their cars and
\IC 1rred 10 aim for a day on the weekend . That can certainly be modified to be Sawn:I J) and Sunday or one
dJ) J \\eek . We med to JUSt tic 11 do\\n, he sard. rather th.in have II so open-ended that we could never
entorce 11
o un.:,t Member Moore a kcd 1f we could JU>t say c111h1 hours per day, per calendar day .
~ta~,,r Brad ,haw ,aid then the)' ould work on 1t c,cry day.
C,,um:11 i\lember Moore ,aid the \\3y I look at 11 1s that for the other 16 hours they would be punin1 the
, eh1dc into ,1orJge o there I a ce rtain amount of e!Ton 1n,·ohed in that. he wd. thal probably bec:omn
,elt.cntor.:ing
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Englewood City Council
March 3, 2003
Page 13
Mayor Bradshaw said thi s is just to work on it in the front yard setback. City Attorney Brotzman said that
is correct.
Co uncil Member M oore said the limitation of whatever the hour period is, for me, it works per day.
because it is the sto rage part that is go ing to keep this from being overly abused . That is what I think, he
said.
Mayo r Bradshaw s aid I am just thinking of my interesting new ncighbors ... good pcoplc ... but they store
things different than I would and I am just concerned about the eight hours per day. You wouldn't know if
they started at eight in the morning or at ten. Do you sec what I mean ... about enforcing the eight houn?
Council Member Garrett said if they start working on it Monday, then you come back on Tuesday and they
are st ill working on it and they say they didn't start working on it until noon and then you come back and
they arc still working on it on Wednesday ... the enforceability becomes more difficult.
Mayo r Bradshaw said so if we know they can work on the car, one day a week. that takes care of that.
think that is what you meant? City Attorney Brotzman said that is correct.
Mayor Brads haw said maybe we should just let it fly and we'll see how the public hearing goes .
Council Member Moore said I have one other thing I wanted to mention. Is it necessary, if someone is
storing it in the rear or s ide yard , if it is under cover or behind a solid fence and it is screened from view'/
C it y Anorney Brotz man said the discussion was s imply about the different levels of houses. So your house
s its on a hill and you would actually be looking into their backyard . Althouah it is blocked from ~ public
right -o f-wa y. as yo u arc at a totally different level . your neighbor would be looking illlO your backyard and
s till seeing that car uncovered. I actually asked that same question of Code Enforc:cmcnt. he said.
C ouncil Member Yurchick said half of the committee thouaht screcnin& from the public right-of-way was
good enough. Mayor Bradshaw said 11,ilcther ii is with a tarp. a chained link fence or a solid fence . Mr.
Yu rc h1 c k said they pretty much agrttd on the fence .
Mayor Brads haw a :,l,.cd 1f there 11,crc any ocher comments . There were none .
Mayo r Brads ha w sa id do you wa nt 10 make amendments?
C ouncil Me mbe r Moore s111d I am willi ng 10 wai t to sec what kind o f react io ns we get at the public hearina .
Coun c il Member Garren su1d we c an pa s II o n first readi ng and then wa it 10 sec what the publ ic says . At
leaM 1h 1s gel s II o ut o n the table to be discussed
Ma)or Brads ha" said that I pan o f the pubhc proccss ... 10 have a publ ic hcarina.
Vo te rrsulls:
\h)Uu n cam~d
A yes:
• ay .
Council Members Nabholz. Moore. Garrett. Wolo5yn.
Yurcluck. Grazuh , Bradshaw
No ne
1 11 1 Coun.:11 Member G.lrrcn brou1h1 up l\1r. Kozacck ·.1:onccrn.
\I ,, ,r Br~J,h.1" ,.11d Mr K()Zlk:d • .aid the C II} \OMII him 10 tear the tree dov.n and pa} for 11 .
Englewood City Council
Murch J, 2003
PugeU
Council Member Garrell said the City wants him to tear down the tree and pay for it. Mr. Kozacek's
counter was. status quo or we could take down the tree and the City would pay for it. Mayor Bradshaw
~aid that is right.
Council Member Garrett said I just wanted a clear understanding of what he wanted.
Council Member Nabholz said I noticed in that estimate that it would damage his fence, in order to take
that tree down, so there would be fence damage to pay for too.
Mayor Bradshaw said my concern is, good Loni, let it be, it is a tree. That is my opinion.
Council Member Wolosyn said my question is about the fact that the pan. that the hose connects to, is
facing the street.
Council Member Yurchick said the handle they use to turn it on. swings around and hits the tree.
Council Member Garrett said was the tree there and we put the fire hydrant too close to it. Mayor
Bradshaw said yes we did.
Council Member Yurchick said not in the beginning ... l'm sure the tree grew.
Discussion ensued regarding the possible size of the tree when the fire hydrant was put in.
Mayor Bradshaw said I think they probably had to move it when they dedicated Lipan.
Council Member Yurchick asked what it would cost to move the fire hydrant.
City Manager Sears said I am not familiar with this whole topic. I would like to get back to COW1Cil on
this, with, perhaps. some history.
Council Member Garrett said the notice is for the 14• and we will not meet as a Council unlil after 1ba1.
Mayor Bradshaw asked if we can delay it. until we get the facts . City Manaae, Sears said yes.
Mayor Bradshaw asked City Manager Sears to call Mr . Kozacek and tell him that or to have someone on
staff call him . Mr. Sears said I will give him a telephone call tomorrow.
Counci l Member Yurchick said I would like to say one other thing about the letter Ben Greene sen! him .
1ho ught we did away with the Forestry Program in 2003 and Mr . Greene was su11es1in1 he apply for a
grant.
Ma yor Brad shaw ~aid we still have some money in there .
Ci l) Manager Sears sa id it is true , we do not ha ve a Forestry Program this year. Mayor Bradshaw 5aKI we
need 10 let Ben Greene know .
Ci ty Manager Sears suid I would like to ~nd Council a hisaory, so you can have all the faclS 1n front of you
before yo u make a decision .
Coun c il Member Yurchick said I was just concerned about s1affrefcrrin& to somethin& that is no lonaer
available .
Director Ol so n said there is money availablc ... hc did check wuh Parlui on Iha&. to see iflberc was f\lndina ,
Co un c il Member Yurchid; sa id I thought we did away with all the fundina .
Englewood City Council
March 3, 2003
Page 15
City Manager Sears said it has gone away . but there may be a connection with Colorado State Extension
Service. which I think is where we got some of the money in the past to do this . It really wasn 't City
mon-ey that went into it .
(iii)
meeting on the I 7•h .
Council Member Moore said I will be in Washington for the next City Council
13 . City Manager's Report
City Manager Sears did not have any mailers to bring before Council .
14 . City Attorney's Report
City Anorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 8:25 p.m.
PLEASE PRINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE: March 17, 2003
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
Date
March 17, 2003
INmATEDBY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a i
Subject
Contractor Adjusted Utilities
Agreement -Belleview & Clarkson
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended, at their March 11 meetn& Council approval of the
Contractor Adjusted Utility Agreement #SHE 2873-124.
BACKGROUND, ANALYSIS, AND ALnRNATIVES IDENTIRED
The Department of Transportation of the State of Colorado (COOT) submitted a Contractor Adjusted Utility
Agreement for traffic signal improvements at Belleview and Clarkson.
CDOT is improving the traffic signal at this intersection, and pa, t of this project involves resettins two water
vault vents for safety reasons . One vent belongs to Denver and one belongs to Enslewood. Mavins
Englewood's vent would prevent trucks from hitting it and allow it to be upsraded to current standards, at
the State's expense.
Englewood's City Attorney has reviewed the attached Utility Agreement
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
Proposed Bill for an Ordinance
Contract o r Adjusted Utility Agreement #SHE 28 73-124
ORDINANCE NO. _
SERIES OF 2003
BY AUTHORITY
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A t.rm..I'l'Y
ADJUSTMENT AS A PART OF nm IUGHWAY IMPROVEMEN'I'S AT nm
BELLEVIEW AND CLARKSON INTERSECTION.
WHEREAS, the Colorado Department of Trans~ (COOT) submitted a
Contractor Adjusted Utility Apment for traffic signal improvements at no cost to the
City, which is attached as Exhibit A; and
WHEREAS, For safety purposes, these improvements require the relocation and
resetting of two water vault vents belonging to the City
WHEREAS, the Englewood Water and Sewer Boud recommended approval of this
Agreement with the Colorado Department of Tnmportatioa ll their March 11, 2003
meeting; and
NOW. THEREFORE, BE IT ORDAINED BY nm CI'l'Y COUNCIL OF nm CI'l'Y
OF ENGLEWOOD, COLORAOO, AS FOU.OWS:
Section 1. Tbll the lnfelJ.OVrmlllelltal .\p'eement between the City of Englewood.
Colorado, and the Colorado Department of Tramportatioa for atility unprovements be
approved, a copy of which is attached hereto u Exhibit A.
Section 2. The Director of Utilities is autborized to sip said ...-ment for and on
behalf of the City of Englewood.
Introduced, read in full, and puled on first reading on the 17th day of March, 2003.
Published as a Bill for an Ordinance on the 21• day of March, 2003 .
Beverly J. Bradshaw, Mayor
AITEST:
Loucrishia A. Ellis. City Clerk
-1-
I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby
cenify the foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
and passed on fint reading on the 17" day of March, 2003.
Loucrishia A. Ellis
-2-
UTIUTY • SHE 2873-124 COLCRAOO DEPARTMENT OF TRANSPORTATION
CONTRACTOR ADJUSTED UTILITY AGREEMENT SA# 14288 <
"" CONSTl'IUCTION • SHE 2873-124 ii 1------------=
LOCATION 4 Locations, including
Belleview {SH 88) at Clarl<son
,HIS AGRE:MENT MADE ON (date) IS BETWEEN THE STATE OF COLORADO
~
FOR THE USE ANO BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION {STATE)
.~NO CITY OF ENGLEWOOD -UTILITIES DEPARTMENT (OWNER).
THE PROPOSED HIGHWAY IMPROVEMENTS MAKE IT NECESSARY TO ADJUST, INST ALL OR
RELOCATE CERTAIN FACILITIES (WORK) THAT BELONG TO THE OWNER. THE OWNER IS NOT
STAFi=ED AND/OR NOT EQUIPPED TO PERFORM THE WORK. THE STATE AND OWNER AGRE:
THA7 IT IS IN THE Pl:J BLJC INTEREST TO HAVE THE STATE"S CONTRACTOR PERFC·RM iHE
REQUIRED WORK . WHICH IS GENERALLY DESCRIBE::::> AS rOL!..OWS :
On 3 dle·,ie w :lt c:arkso n:
Resec ! :rir vem :md associated :ippurten:mces on the southwcsc .:omer. co the accepc:mce or :he
E:i g!e•.v ood Gcilic ii:s Dc;,attmc:1L :o .:ccommodace ?TO!)Osc:1 !J':lffic ,ignai ;oie ;;onstruc:ion ::s
~hown on the plans . Replace the ~:cisting galvanized vercic:i.l vent pipe and cover with :i new black
vent :md cover -cost of replacement shall be included in ,he reset item.
Prov ide spec ific written notice s to Englewood L"tilitics 5 days ;nunediacc iy ?rior to ~uircd
inspectio ns.
I
"i"H E OWNER 'S ?!:RSONNE:.. 'MA Y INSP!:Ci i"HE WOAK 3EFORE ACCE?Tl NG IT .
-HE STATE WI LL:
• P:;:;FQRM -;.;e WCRK ,N CCM P'.:ANCE WITH iHE CU RRENT '/EF!S iC NS OF ?ART 345 OF TITL: 23. CODE
CF :=c::::ERAL ~E·3UL~T:CNS ,:3 c:=~ a.&5)
• PA Y FCA THE 'NORK .~T NO c::sr 70 TH E OWNER . (C.rt3. 3ECT!CN o43-;.22s 1973 AS -WENCE>)
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COUNCIL COMMUNICATION
Date Agenda Item subject
March 1 7, 2003 10 a ii Southgate Supplement #155
STAFF SOURCE INmATEDBY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their March 11, 2003 meeting, recommended Council approval of a Bill for
an Ordinance approving Southgate Supplement #155.
BACKG~OUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City
through contracts with numerous connector districts. The area is defined by the natural drainage and
extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave.
exduding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be
served by the districts. These are usually in-fill situations that are within what the City considers to be the
area it has committed to serve. Adequate capacity has been provided In the treatment plant to
accommodate all such future indusions. Annexation of this parcel of land wlH not increase the tap
allocation of the Southgate Sanitation District.
A request was made by the Southgate Sanitation District representing the owner, Greenwood Village
Congregation of Jehovah's Witnesses, for inclusion into the Southgate Sanitation District. Supplement
#155 is for the south 1/2 of Tract 123, Clark Colony Number 3 for an area that is 2.43 acres. The lot is
presendy and will continue to be used for a church. The legal is attached as Exhibit A. The property is
located north of Orchard, west of Monaco and east of Colorado Blvd. in Greenwood Village. The address
is 6767 E. Orchard Rd.
FINANCIAL IMPACT
None.
LIST OF AlTACHMENTS
Bill for Ordinance
Southgate Sanitation District Supplement #155
•
ORDINANCE NO.
SERIES OF 2003
BY AUTHORITY
lif821
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE APPROVING SUPPLEMENT # I SS TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, Southgate Sanitation District bas recommended the inclusion of 2 .43
acres, representing the South l/2 of Tract 123, Clark Colony Number 3, numbered 6767
East Orchard Road in Greenwood Village, for inclusion into the Southgate Sanitation
District; and
WHEREAS, this area is within the area the City considers to be the area it has
committed to serve; and
WHEREAS, adequate capacity bas been provided in the treatment plant to
accommodate these future inclusions; and
WHEREAS, the present and future use of this property is for a religious facility;
and
WHEREAS, said annexation of this additional parcel ofland will not increase the
tap allocation to the Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of
Supplement No. I SS to the Southgate Sanitation District at its March l l, 2003 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The Agreement between the City of Englewood and Southgate Sanitation
District entitled "Supplement No. I SS, to Connector's Aareemcnt", which includes 2.43
acres located at 6767 West Orchard Road in Greenwood Villaae, is hereby accepted and
approved by the Englewood City Council. A copy of said Apeemeot is attached hereto as
"Exhibit I" and incorporated herein by reference .
~-The Mayor and City Clerk arc hereby authorized to sip and attest.
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full. and passed on tint readina on the t 7" day of March, 2003 .
-1-
Published as a Bill for an Ordinance on the 21" day March, 2003.
Beverly J. Bradshaw, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in
full, and passed on first reading on the 1th day of March, 2003 .
Loucrishia A. Ellis
-2-
SUPPLEMENT NO. / :,-s-TO CONNECTOR'S AGaDENT
THIS AGREEMENT, made and enllnd into by and i.-n the CITY Of'
ENGLEWOOO, acting by and through illl duly aulhoriZad Mayor Ind City Cleltt, her9inafler
caAed the •city," and SOUTHGATE SANITATION DISTRICT, Arapahoe and 0ougta
Counties. Colorado . hereinafter called the "Df9trlct, •
WITNESSETH:
WHEREAS, on the 20lh day of .JwM, 1981, the Cily and the Diltrict entel9d
into an AgreM,ent in which the City agreed to trul NWage 01igi11all11g from the Dillrlcl's
sanilaly _, system within the area served by the Diltrlc:t. which Agreement wn most
recently reneMd by Connector's AgreM,ent dalad November 18, 1988; and
WHEREAS, said Connector's AgrNmant prO'lidn that the dlltrict may not
enlarge its service area without the wriltan consent of the City;
NOW, THEREFORE, in c:onsideralion of the mutual -19 and
undertakings herein Mt forth , the partiel agrN • follows :
1 . The City hereby contents lo the inc1U1ion of cel1llin additional -
localed in Arapahoe County. Colorado. owned by Q,-111ood VIiiage Co11graptlon of
Jehovah'• WltneMft and more fully described on Exhibit A attached hereto and
incolporated herein by refelence. into Southgate Sanilation Diltrict. The City agrees that
said additional area may be served with the -fllCillties of the Oistrict. and that the City
wiN treat the sewage discharged into the City's trunk line from Mid addltianal -· al in
accordance with the Connector's ~ dated November 18. 1988. Accorclingly.
Exhibit A referred to in Paragraph 1 of the Connector's AgrNment dated November 18.
1988, is hereby amended to include IUCh addllianal-.
2. Each and -V olhel' pnMlian of the Uld COlw-=tar's AQrW'll9flt
dated November 18. 1988. shall remain unc:t•lgld.
IN WITNESS WHEREOF, the parties II-. Mt their hands and INII Viii
_ day of __ . 200_.
ATIEST:
CITY CLERK
(SEAL)
ATIEST.
l)z'1r::1c I '~ l
MCMTMY
(SEAL)
CITY OF ENGLIWOOD
By: ________ _
MAYOR
E:<HIBIT 1
EXHIBIT A
The South 1/2 of Tract 123, Clark Colony No.
3, in Section 17, Township 5 South, Range 67
West, County of Arapahoe, Slallt of Cdorado
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ORDINANCE NO .
.,)ERIES OF 2,
BY AUTHORITY
COUNCIL BILL NO 21
INTRODUCED BY COUNCIL
MEMBER
AN ORDINANCE APPROVING SUPPLEMENT# 155 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES.
WHEREAS, Southgate Sanitation District has recommended the inclusion of2.43
acres, representing the South 1/2 of Tract 123, Clark Colony Number 3, numbered 6767
East Orchard Road in Greenwood Village, for inclusion into the Southgate Sanitation
District; and
WHEREAS, this area is within the area the City considers to be the area it has
committed to serve; and
WHEREAS, adequate capacity has been provided in the treatment plant to
accommodate these future inclusions; and
WHEREAS, the present and future use ofthis property is for a religious facility;
and
WHEREAS, said annexation of this additional parcel of land will not increase the tap
allocation to the Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of
Supplement No. 155 to the Southgate Sanitation District at its Mardi 11,.2003 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Agreement between the City of Englewood and Southgate Sanitation
District entitled "Supplement No . 155, to Connector's Ap'CCJDCllt", which includes 2.43
acres located at 6767 West Orchard Road in Greenwood Village, is hereby accepted and
approved by the Englewood City Council. A copy of said Agreement is attached hereto as
"Exhibit I" and incorporated herein by reference .
Section 2. The May or and City Cleric arc hereby authorized to sign and attest,
respecti vely , the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado .
,1 troduced , read in full , and passed on tint readina on the 17*' day of March, 2003 .
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Date
March 1 7, 2003
COUNCIL COMMUNICATION
Agenda Item
10 a iii
STAFF SOURCE
Subject
City Ditch License Agreements
with Ensor, Wildacre and Green
Valley Turf Co.
INITIATED BY
Utilities Department Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PRMOUS COUNOL ACTION
Ordinance of September 2, 2002 for the City Ditch Joint Use Agreement with the Colorado Department of
Transportation .
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended Council approval of the License Agreement and
Temporary License Agreement with K. C. Ensor, Green Valley Turf Co., and Wildacre, LLC for crossing the
City Ditch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
K.C. Ensor submitted a City Ditch License Agreement and Temporary License Agreement representing K.C.
Ensor, Green Valley Turf Company and Wildacre, LLC for crossing the City Ditch along Santa Fe with a
bridge and related roadway improvements. The Temporary License Agreement allows for construction of
the bridge within the existing driveway across the City Ditch. The License Agreement outlines the
participating owners' rights and acceptable uses of the crossing and roadway.
The License Agreements will allow crossing of Englewood's 48" City Ditch pipe with a protective arch to
allow access to and from Santa Fe Drive to the adjacent properties located west of Santa Fe Drive.
Englewood's City Attorney and the Utilities Engineer have reviewed and approved the City Ditch Licen 'e
Agree ment and Temporary License Agreement
FINANCIAL IMPACT
one.
LIST OF ATTACHMENTS
O rdinance
Ci ty D itch License Agreement, Temporary Lic ense Agreement
BY AUTHORITY
ORDINANCE NO .
CRIES OF 2003
AN ORDINANCE APPROVING THE LICENSE AGREEMENT AND TEMPORARY
LICENSE AGREEMENT WITH K. C. ENSOR, GREEN VALLEY TURF CO., AND
WILDACRE, LLC FOR CROSSING THE CITY DITCH.
WHEREAS, K. C. Ensor submitted a City Ditch License Agreement and a Temporary
License Agreement representing K. C. Ensor, Green Valley Turf Company and Wildacre, LLC
for crossing the City Ditch along Santa Fe with a bridge and related roadway improvements; and
WHEREAS, the Temporary License Agreement allows for construction of the bridge
within the existing driveway across the City Ditch; and
WHEREAS, the License Apeements will allow crossing of Englewood's 48" City Ditch
pipe with a protective arch to allow access to and from Santa Fe Drove to the adjacent properties
located west of Santa Fe Drive; and
WHEREAS, the Englewood Water and Sewer Board recommended Council's approval
oftbe License Agreement and Temporary Liceme Agreement with K. C. Ensor, Green Valley
Turf Co., and Wildacre, LLC for crossing the City Ditch.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section I . The City Council of the City of Enalewood hereby ICCepll and approves the
License Agreement, attached as Exhibit A, and Temporary Lic:eme Aarc,emenr. altlCbed a
Exhibit 8, with K. C. Ensor, Green Valley Turf Co., and Wildacre LLC for c:rouina tbe City
Ditch belonging to the City of Englewood.
~. The Director of Utilities is authorized to execute the Temporary License
Agreement and License Agreement for the City Ditch crossma for and on behalf of the City of
Englewood , Colorado.
Anesi:
Introduced, read in full, and passed on first readina on the t 7" day of March, 2003 .
Published as a Bill for an Ordinance on the 21• day of March, 2003 .
Beverly J. Bndsllaw, Mayor
Loucrishia A. Ellis, City Cleric
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that
the foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on tint
reading on the 17111 day of March, 2003 .
Loucrisbia A. Ellis
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of the day of
---------' 2003, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to as ··City", and K. C . ENSOR, JR., a/k/a
KENTON C. ENSOR, Jr., individually and as Trustee of the K. C. Ensor Trust. MARY EDITH
WILK.INS. BAR.BARA ENSOR, GREEN VALLEY TURF CO., a Colorado corporation and
WILDACRE, LLC , a Colorado limited liability company, herein collectively referred to as
··Licensees".
WITNESSETH : The City, without any warranty of its title or interest whatsoever,
hereby authorizes Licensees to use a parcel of land in the City's right-of-way for the City Ditch,
which parcel is situated in SW '!. of Section 32. Township SS, Range 68W of the 61h P.M.,
County of Arapahoe, State of Colorado, and which is more particularly described on Exhibit ·'A"
which is attached hereto and incorporated herein by this reference (the ·'Licensed Premises").
The Licensed Premises is depicted on a drawing which is attached hereto as Exhibit '0 8".
I. Licensees are granted an exclusive license to the Licensed Premises described
herein subject to the provisions of this Agreement. In addition, Licensees are granted the
following rights, subject to all provisions contained in this License Agreement.
a. To construct and maintain a bridge and related roadway improvements
across the City Ditch right-of-way so long as the structures and water flow of the City Ditch are
not impaired and to use said bridge and roadway improvements constructed thereon by Licensees
for access to and from South Santa Fe Drive to and from Licensees respective real properties
located on the west side of South Santa Fe Drive by all modes of travel including, but not limited
to, motor vehicles of all kinds. including trucks and construction equipment. Said bridge shall be
located within the existing driveway and at the location as generally depicted on Exhibit "B".
2. In granting this License. the City reserves the right to the fullest extent permitted
by law, but without interfering with the Licensees use as authorized herein, to make as full a use
of the Licensed Premises as may be necessary or convenient in the operation of the City and the
City retains all right to operate. maintain install. repair. remove or relocate any of the City's
facilities located within the City Ditch or City right-of-way at any time and in such manner as it
deems necessary or convenient,• provided the City docs not deprive Licensees of access to and
from South Santa Fe Drive to and from their respective real properties as provided for above. In
the event Licensees · installations should unrC3SOnably intertcre with the City's use or operation
of the City Ditch or right -of-way. at any time hereafter. Licensees shall, upon request by the City
and at Licensees · sole expense. as soon as practicable relocate, rearrange or remove its
installation so as not to unreasonably interfere with any such City use and to remove the
installation of Licensees when necessary or convenient for the City, its successors and assigns;
prov ided. however. the City has under :111 circumstances fint made a reasonable effon to provide
Licensees w ith altemati c access to and from Licensees respective real properties that is
reasonabl y imilar to the access providl!J by this License AgrCffl\cnt .
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3 . Subject to the prov1s1ons contained in paragraph 2 and in particular the
requirement to maintain Licens~s reasonable access to and from South Santa Fe Drive, the City
shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of
its facilities or installations within the City's right-of-way, at any time and in such manner as the
City deems necessary or convenient. The City reserves the exclusive right to control all
easements and installations to the full extent permitted by law .
4 . The rights and privileges granted in this License shall be subject to prior
agreements, licenses and/or grants. recorded or unrecorded. and it shall be the Licensees' sole
responsibility to determine the existence of said agreements, licenses or grants or conflicting uses
or installations. The City represents that it has provided Licensees with copies of all unrecorded
prior agreements or grants that affect or pertain in any way to the License.
5. The Licensees shall have the right to maintain, operate, repair and replace
Licensees improvements on the above described Licensed Premises, including, but not limited
to, planting and trimming grass and/or bushes, fertilization and irrigation and removal of trash
and brush and replacement of any asphalt and road related improvements.
6. Licensees must maintain access to the Licensed Premises by City persoMel for
inspection and maintenance.
7. No substantial construction, other than the proposed bridge and roadway, shall be
allowed on the Licensed Premises without express written permission from the City which shall
not be unreasonably withheld.
8. Upon abandonment of any right or privilege herein granted, the right of Licensees
to that extent shall terminate. but their obligation to indemnify and save harmless the City, its
officers and employees. shall not terminate in any event.
9 . The rights granted to Licensees hereunder may be assigned in whole or in part to
any entity which acquires title to Licensees real property (or any portion thereof), benefited by
this License Agreement., The foregoing notwithstanding, this License is assignable only with the
written permission of the City, which permission will not be unreasonably withheld, conditioned
or delayed .
Upon an approved assignment of this License to a third party, the assignor shall
be released of 111 responsibility under the provisions of this License Agreement and the approved
assignee shall assume all obligations thereunder.
10 . Licensees shall comply with all applicable laws and ordinances and all rules,
regulations and requirements of any environmental standards and conditions applicable to the
City Ditch or City right-of-way . I[ as a result of the Licensees' occupancy of the premises and
its operation hereunder. any sm:h law. ordinance. rule or regulation is violated, Licensees shall
protect. save harmless . defend and indemnify the City from and against any penalties, fines, costs
ana expenses. including legal foes and court costs incurred by the City, caused by, resulting from
ur co nnected with such , 1ulatio11 or violations. and this License shall terminate immediately.
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11 . This License Agreement confers upon Licensees only such use rights as City has
by reason of its right-of-way for the City Ditch and nothing herein contained shall be deemed to
reduce or enlarge the City 's interest in or title to said right-of-way .
IN WITNESS WHEREOF, this instrument has been executed day and year first above
written.
APPROVED :
Stewart Fonda, Director
3
CITY :
CITY OF ENGLEWOOD, COLORADO
Acting by and through its
Water and Sewer Board
By ____________ _
Chairman
LICENSEES :
WILDACRE, LLC, a Colorado limited
liability company
By~~~
-Zi:fZcJJ
K. C. ENSOR, JR., A/K/A.lCENTON C.
ENSOR, JR., INDIVIDUALLY AND AS
TRUSTEE OF THE K. C. ENSOR TRUST
'fr).,'tufii f~,.j,}1c ( J, f.f l nw
~~~'~:u 7-·~
BARBARA ENSOR
GREEN VALLEY 11JRF CO ., a Colorado
corporati on
By: ~/,dlf .. ·-
1. WILKINS, PRESIDENT
ST ATE OF COLORADO
) ss.
COUNTY OF ARAPAHOE )
Witness my hand and Official seal.
My commission expires i -1 S -c<.:
ST ATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ...2..L day of f&Aeu e& y,
2003, by K. C . Ensor, Jr., a/k/a Kenton C . Ensor, Jr., individually and u Trustee of the K_fc.
Ensor Trw1t.
Witness my hand and Official seal.
My commission expires //) -1 3 -tll?Pf'.
ST A TE OF COLORADO )
) ss.
CO UNTY OF ARAPAHOE )
· The fore going instrument w as acknowledged before me this _Jz_ day of />18 e \!..tl
2003 , b y Mary Edith Wilk ins.
Witness my hand and Official seal .
My commi ss ion expires IC -1 J ~ ;, t>C.'~ .
ST ATE OF COLORADO )
) ss .
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this~ day of f;BlllA /.'t.
2003, by Barbara Ensor . '
Witness my hand and Official seal. /
My commission expires J l)-13-,;o OJ . ;
STATE OF COLORADO )
) ss .
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ....iL__ day of /JJ4 RC 1c
2003, by J . R. Wilkins, as President, of Green Valley Turf Co., a Colorado corporation.
Witness my hand and Official seal .
My commission expires If; -I 3 -:14'C :[ .
s
11CO W . LITnETON Ill.VO. SUIT! 210
LSTn£'TON . C0 IOl»z:D I
!DIIBIT "A"
AW& MILLER ENGINEERING
& SURVEYING, INC.
LEGAL DESCIUmON: SO FOOT WIDE DITOI EASEMENT
A 50 FOOT WJD E DITCH EASEMENT ACllOSS A PORTION OF 1BE NOll1'IIEAST QUAlllEll
OF m:E SOUI'HWEST QUAR.TEll AND THB NOllTHWEST QUAil.TD. OF 'l1IE SOU1HWEST
QUAllTER. OF SECTION 32, TOWNSHIP 5 SOU1H, RANGE A WEST OP 1BE SIXl1I
PRINCIPAL ME UDIAN, COUNl"Y OP AllAPAHOE, SfA11! OF COLORADO, MORE
PAR.TICULAIU.. { DESCIUBED AS POI.LOWS:
COMMENCJNO AT APOINT OF IN113RSECTION OF 1llE NOR.TBWESTERLY RIGHT OF
WAY LINE OF t r.s. HIGHWAY NO. 15, Pll(Oll TO 2001, .AND THE SOUTH LINE OF SAID
NOlllllWEST C: UAR.TEil OF nlE SOU11IWEST QUAR.TER. WBIOI POINT JS 2A .13 PEET N
89"53 '49" W Of THE SOUTHEAST CORNEil OP SAID N<llTHWBST QUAll'l'Ell OF THE
SOU'l1iWEST Q UAllTEll; THENCE N 21° 10'1 l" E ALONG 1IE NOll'IBWBSt'DL Y UOllT
OF WAY LINE l>P U.S . HIGHWAY NO. 15, PRIOR. TO 2001, A DISTANCE«-527.6 fEET;
THENCE N 72° ll'6" WA DISTANCE OF 90.35 FEET TO A. POINT, SAID POINT BBINGmE
POINT OP BEG! NNJNO; 11IENCE S 6'°04''2"W A DISTANCE OF 71.43 Jl'EBT; TIENCE N 7'Z'
18' 49" WA OOTANCE OF 71.43 FEET; lHBNCE NW 04' sr EA.DISTANCE 01' '11.43 PEEi';
THENCE S 72° 11• 49" E. A DISTANCE OF '7t43 PEET TO TBB POINT OF BEGINNING,
CONTAINING C.0900 ACRES .
BASlS OF BE.Al JNOS IS 'fflE WEST LINE OF t1IE SOUTHWEST QUAR.11ill OF SBCTION 32.
WHIOi BEA.RS N 00°3S'43" W BETWEEN 2 1/2" ALUMINUM CAP IN~ BOX AT TBE
SOUTH QUAll1 ER CORNEil AND Al" BRASS CAP PLS 16391 AT 11£ CENIEll SECTION.
PADPOSED
50' WIDE ·
EASEMENT
I
\JILDACRE PIR11£RSHIP
AEC. 1'11 A i01253' I
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EIBUIT "B"
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DJ( 2025 --:;.._-+,--
PAGE 757
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TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT ("this Grant'") made and entered into as
of the _ day of , 2003 by and between the CITY OF ENGLEWOOD, a
municipal corporation of the State of Colorado. hereinafter referred to as "City" and K. C.
ENSOR. JR .• a/k/a KENTON C. ENSOR, JR .• and WILDACRE, LLC, a Colorado limited
liability company, herein referred to as "Licensees ...
WHEREAS. Licensees desire to construct a bridge and associated roadway across the
City Ditch right-of-way to upgrade the access to Licensees respective properties located west of
South Santa Fe Drive.
NOW, THEREFORE, THE PARTIES COVENANT AND AGREE AS FOLLOWS:
l. Description of Project. The City hereby authorizes Licensees in conjunction with
the construction and improvements to the crossing of the City Ditch to construct a bridge at the
location within the existing driveway across the City Ditch as depicted on Exhibit "A" which is
attached hereto and to use the remaining portion of the fifty foot (50') wide easement are ..s
described on Exhibit .. B" to park construction equipment. vehicles and equipment necessary for
the construction of the bridge and the associated roadway. Licensees further agree to comply
with all state and federal statutes and regulations regarding the handling, storage and clean-up of
any hazardous materials used by Licensees. their employees, agents and assigns in conjunction
with the Project.
2. Term of License. This License shall expire on April I, 2003, except for seeding.
which shall be completed by July 1. 2003.
3. Access . Licensees shall have the temporary non-exclusive right to enter the City
Ditch right-of-way for any reasonable purpose necessary for the construction of the Project
subject to the following restrictions: I) normal working hours shall be consistent with the South
Santa Fe CDOT project scheduled.
4 . Restoration. Licensees will do whatever is reasonably necessary to restore the
surface of the property to its general condition prior to entry by Licensees.
5. Site Condition. Licensees will provide for security and safety of the public at the
site at all times. The construction of the bridge shall comply with the drawings and
specifications as described in Exhibit A.
6. Liabilitv . Licensees agree that they shall be responsible for their own negligent
acts on the propeny.
7. Right s of Ci tv. Ci ty reser\'es the full right to the undisturbed ownership, use. and
occupancy of the Ci ty Ditch nght-01:way insofar as said ownership. use, and occupancy is
cons istent with :md does not impair the rights granted to Licensee in this License Agreement. In
-.--f l)ilf()aA.IY lJCrltSI USIMl,...,.(l.._o\~ :.:......l
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the event City"s improvements within the City Ditch right-of-way require repair, repl acement or
maintenance of any type or kind, City may do so with reasonable notice . Cost of repair and
restoration of surface improvements shall be done at the cost of the Licensees .
[N WITNESS WHEREOF, the parties hereto have executed this Temporary License
Agreement as of the day and year first above written.
CITY :
CITY OF ENGLEWOOD, COLORADO
By: By:------------
A. Gray Clark, Chairman Englewood Stewart Fonda, Director of Utilities
Water and Sewer Board
ATTEST :
Cathy Burrage, Recording Secretary
LICENSEES :
STATE OF COLORADO )
) ss .
COUNTY OF ARAPAHOE
ATTEST :
Loucrishia A . Ellis, City Clerk
Wll.DACRE. LLC, a Colorado limited
liability~y
By:.// µ'~$ziJ~v~--
Manager/
The foregoing instrument was acknowledged before me this ..:£1. day of
;:::,.,·,,, llc,r t/ , 2003 , as Manager. ofWildacre LLC.
J
Witness my hand and Official seal.
My Commission expires: _ __.:..1_-.;..,1,.,_t _-.:.1.:..::S ______ _
2
STATE OF COLORADO
COUNTY OF ARAPAHOE
) ss.
The foregoing instrument was acknowledged before me this ,23_ day of
FE,8 fu a B '( • 2003, by K. C. Ensor, Jr., a/k/a Kenton C. Ensor, Jr.
N ,~ ~
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WILDACRE P, ~TNERSHIP
REC. Nil I 6012536
PREPARED UNDER W DIAECT SUP£R111SION
lHIS DRA•"IG DO[S N )T RIEPIIE5DIT A
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EIBIBIT "A"
EXHIBIT C
110DK 2025
PAGE 757
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110DW. UTTlETON aw .. SUITE 210
UTTLETON. CO 111120-ZD I
DBIIIT "I"
1&1.FJlll MILLER ENGINEERING #ft ail & SlJRVEYltK3, INC.
CML NfO I.AND OEVB.OPMeNT ENCJIN£EfllNQ
I.NI) SUftV!YIO
LEGAL DESCRIPTION: SO FOOT WIDE DITCH EASEMENT
A SO FOOT WIDE DllCH EASEMENT ACllOSS A POllTION OF 1llE NOllTHEAST QUAR.TEll
OF 1HE SOUTE WEST QUARTEll AND THE NOllIHWEST QUARTEll OF THE SOUTHWEST
QUARTER OF! ECTION 32, TOWNSIDP S sotml. llANOE 61 WEST OF lBE SIX1H
PRINCIPAL ME UDIAN, COUNTY OF ARAPAHOE. STATE OF COLOlt.ADO, MORE
PAR.TICULAIU.1/ DESCRJBED AS FOLLOWS:
COMMENCING AT A POINI" OF llol"l'ERSECTION OF THE NOll'DIWESTElU. Y RIGHT OF
WAY LINE OF 1 J.S . HIGHWAY NO . 15, PRIOll TO 2001, AND THE SOUTH LINE OF SAID
NORTHWEST ( !l]ARTER OF THE SOU'lHWEST QUARTER. WHial POINT IS 24.13 PEET N
89"53' 41¥' W OF THE sounmAST COllNEll OF SAID NOllTBWEST QUAIJ'llll OF 'l'BE
SOU1'BWEST C UAll'J.D; THENCE N 21• 10'11" E ALONG 'DE NOa1'BWBSTllltL Y UGHI'
OF WAY LINE lF U.S. IDOHWAYNO. "· PlUOll TO 20cn. A DISTANCE OP 527.6 PEE1';
nlENCE N 7'Z' 11'¥1" WA DISTANCE OF 90.3!5 PEET TO A POINT, SAID POINTBl!IN011E
POINT OF BEG :NNING; 111ENCE S W04'5TW A DISTANCE OF '71.4'3 FEET; THENCE N TZ'
11' 49'" W A 00 ,T ANCE OF 71.43 FEET; tlENCE N 619 04' S2"' EA DISTANCE OF '71.43 PEEi';
lliENCE S Tr i I' 4'T' E A DISTANCE OP 11:43 PEET TO THE POINT <X= BEGINNING,
CONTAINING 11 .0900 ACRES .
BASIS OF BEA UNGS IS ntE WEST LINE OF THE SOlTl1IWEST QUAllTD OF SECDON 32,
WHICH BE~ N 00°35'43" W BE1W£EN 2 1/2" ALUMINUM CAP IN llANGE BOX AT mE
soum QUAR:"ER. CORNEil AND Ar BRASS CAP PLS 16391 AT THE CEN1Ell SECTION.
PREPARED t."NDElt MY SUPER.VISION
COUNCIL COMMUNICATION
Date Agenda Item
March 17, 2003 10 a iv
INmATEDBY
Department of Public Works
Subject
IGA for Construction of Big Dry
Creek Improvements at Allen Water
Treatment Plant
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance No. 1, Series 2001 /2002, approved an Intergovernmental Agreement with the Urban Drainage
and Flood Control District for design of the Big Dry Creek Channel Improvements at Allen Water
Treatment Plant.
RECOMMENDED ACTION
Staff recommends Council approval of a Bill for an Ordinance amending the agreement with the Urban
Drainage and Flood Control District. This amendment covers financial commitments related to
construction of improvements to Big Dry Creek adjacent to the Allen Water Treatment Plant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Urban Drainage and Flood Conttol District completed and updated mapping of Big Ory Creek in 1997.
Information from this new study identified the Allen Water Treatment Plant as being located within the
flood plain of Big Dry Creek. As part of the major improvements to the Allen Treatment Plant completed In
2000, the Utilities Department included construction of a floodwall to protect the treatment facility.
However, Big Dry Creek bank protection is required to protect the floodwaR and eliminate the flood plain
designation. Staff applied for funding and the project was budgeted in Urban Drainage District's 5-year
Capital Improvement Program .
Urban Drainage retained the services of Muller Engineering Company to design the project Urban
Drainage and the City evaluated alternate design proposals suaested by the Engineer and selected "Turf
Reinforcement Bank Protection·. This alternative will stabilize the creek bank while being less disruptive to
the slope and existing vegetation . Any trees requiring removal will be replaced with new trees.
FINANCIAL IMPACT
The total project cost is estimated at $209,000 ($32,000 for design and $177,000 for construction and
con tingen cy)
Urban Drainage and Englewood equally share the cost of this project. Englewood previously budgeted and
paid our S 16 ,000 share for design services.
Englewood 's 50% share of the construction cost is $88,500. Adequate funds are budgeted for construction
through Utilities Allen Treatment Plant Account 40-1603-61155.
LIST OF ATTACHMENTS
Bill for an Ordinance
Amendment to Intergovernmental Agreement
ORDINANCE NO. __
SERIES OF 2003
BY AUTHORITY
MJ..1'0.M
INTRODUCED BY COUNCIL
MEMBER _____ _
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT,
ENTITLED "AMENDMENT TO AGREEMENT REGARiilNG FINAL DESIGN AND
CONSTRUCTION OF DRAINAGE AND FLOOD co11rntOL IMPROVEMENTS FOR BIG
DRY CREEK AT ALLEN WATER TREATMENT PLANT' BETWEEN THE URBAN
DRAINAGE AND FLOOD CONTR@L DISTRICT AND THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS. Urban Drainage and Flood Control District completed and updated mapping
of Big Dry Creek in 1997; and
WHEREAS. information from this new study identified the Allen Water Treatment Plan
as being located within the flood plain of Big Dry Creek; and
WHEREAS, as part of the major improvements to Allen Trealment Plan completed in
2000, the Utilities Department included construct.ion of a floodwall to procect the treattncnt
facility ; and
WHEREAS . Big Dry Creek bank protection is requiml to proccct the floodwall and
eliminate the flood plain designation; and
WHEREAS . Urban Drainage and the City Utilities Department selected "Turf
Reinfon:cment Bank Protection" to stabilize the creek bank while being less disruptive to the slope
and existing vegetation.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY
OF ENGLEWOOD. COLORADO. AS FOLLOWS :
~-The City Council of the City of Englewood, Colorado hereby authorizes the
lnlergovemmcntal Agreement entitled "Amendment to Agrccment Regarding final Design and
Con truction of Drainage And Flood Control Improvements for Big Dry Creek at Allen Water
Treatment Plant" between the Urban Drainage and Flood Control DiSlrict and the City of
Englewood. a copy of which is marlced as "Exhibit A .. and anached hereto .
~-The Mayor and the City Clerk are hereby authorized to sian and attest said
lntcrgovcmmcnllll Agreement on behalf of the City of Enatcwood.
Introduced . read in full. and p:wcd on first reading on the t 7* day of March. 2003 .
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Published u a Bill for an Ordinance on the 21" day of Man:h, 2003 .
ATIEST: Beverly I . Bradshaw, Mayor
Loucrishia A. Ellis, City Clert
I, Loucrishia A. Ellis, City Clert of the City of Eqlewood, Colorado. hereby certify that the
above and forcaoing ii a true copy of a Bill for an Ordinance, illlroduccd, read in full, and puaed
on fint radios on the • .,.day of March, 2003.
Louc:riahia A Ellis
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AMENDMENT TO
AGREEMENT REGARDING
FINAL DESIGN AND CONSTRUCTION OF
DRAINAGE A.J.'1/D FLOOD CONTROL IMPROVEMENTS FOR
BIG DRY CREEK AT ALLEN WATER TREATMENTPLANT
Agreement No . Ol-07 .04A
THIS AGREEMENT, made this day of 2002 by and
EXHIBIT A
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES";
WITNESS ETH:
WHEREAS, PARTIES have entered into "Agreement Regarding Final Design and Construction of
Drainage and Flood Control Improvements for Big Dry Creek at Allen Water Treatment Plant"
(Agreement No. 01-07 .04) dated December 31 , 2001, as amended; and
WHEREAS , PARTIES now desire to construct improvements; and
WHEREAS , PARTIES desire to increase the level of funding by S 177,000; and
WHEREAS, D!STRICT's Board of Directors has authorized additional DISTRICT financial
participation for PROJECT (Resolution No. 53, Series of 2002); and
WHEREAS, the City Council of CITY and the Board of Director!' of DISTRICT have authorized,
by appropriation or resolution , all of PROJECT costs of the respective PARTIES .
NOW , THEREFORE. in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows :
1. Paragraph 4 . PROJECT COSTS AND ALLOCATlON OF COSTS is deleted and replaced as
follows :
4 . PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be limited to the following:
1. Final design services :
2. Construction of improvements ;
3. Connngencies mutually agreeable to PARTIES .
B. It 1s understood that PROJECT costs as defined above arc not to exceed $209 ,000
without amendment to this Agreement.
PROJECT costs for the various clements of the effon arc estimated u follows :
filM AMOL'.:'IT
1. Final Design s 32 ,000
2. Co nstruction 160,000
4 Conunge ncy 17,000
Grand To tal S209,000
.
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the
toial expenditures do not exceed the maximum contribution by all PARTIES plus
accrued interest.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each
party shall be:
Percentage Maximum
Share Qmttil!Y!i!!D
DISTRICT SO% $104,500
CITY 50% 104,500
TOTAL 100.00% S209,000
2. Paragraph;. MANAGEMENT OF FINANCES is deleted and replaced as follows :
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution ~o. 11, Series of 1973 and Resolution No. ~9 .
Series of 1977), the cost sharing shall be after ;ubtr.icung siate, federal, or other sources of
funding from third parties. However, monies CITY may receive from federal funds, the
Federal Revenue Sharing Program, the Federal Community Development Program , or such
similar discretionary programs as approved by DlSTRICTs Board of Directors may be
considered as and applied toward CITY's share of improvement costs.
Payment of each pany's full share (CITY -S104,SOO: DISTRICT -$104,500) shall be made
to DISTRICT subsequent to execution of this Agreement and within 30 days of request for
payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a
spc:cial fund to pay for increments of PROJECT as authorized by PARTIES. and as defined
herein . DISTRICT shall provide a periodic accounting of PROJECT funds as well as a
periodic notification to CITY of any unpaid obligations . Any interest earned by the monies
contributed by PARTIES shall be accrued to the special fund established by DISTRICT for
PROJECT and such interest shall be used only for PROJECT upon approval by the
contracting officers (Paragraph 13).
Within one year of completion of PROJECT if there :ire monies including interest earned
remaining which arc not committed, obligated, or disbursed, each party shall receive a share
of such monies, which shares shall be computed as were the original shares .
3. All other terms and condiuons of Agreement No . 01-07 .04 shall remain III full force and effect .
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WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
(SEAL)
ATIEST:
(SEAL)
ATTEST :
APPROVED AS TO FORM :
C ity Attorney
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
By ___________ _
Title Executive Djrector
Date. ___________ _
CITY OF ENGLEWOOD
By ___________ _
Beverly Bradshaw
Title Mayor
Date ___________ _
~NO.
!ERIES OF 2003
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE ACCEPTING DEDICATION OF A 12-FOOT WIDE
TRANSPORTATION/UTILITY EASEMENT ALONG UNIVERSITY BOULEVARD IN THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, City Council approved Council Bill No . S4, the University Homes PUD, in
December 2002; and
WHEREAS, this PUD calls for an acceleration/deceleration lane at its proposed access
on University Blvd .; and
WHEREAS, the Korean Emanuel Church is contemplating a large building addition for
its church, and Englewood Public Words Department requires a deceleration lane on University at
Dartmouth Avenue as a building pennit requirement; and
WHEREAS, another requirement for the building pennit would be for the Korean Church
to build a 5-foot wide detached sidewalk along University Blvd.; and
WHEREAS, these required improvements match the Public Works requirements for the
University Homes PUD immediately to the north; and
WHEREAS, the Korean Church has already installed sidewalk improvements; and
WHEREAS, the City is working with COOT to construct sidewalks along Ullivenity
Blvd. using TEA-21 dollars; and
WHEREAS, the Korean Church has agreed to dedicate the euement, and the City will
install the sidewalk improvements prior to or in conjunction with the University Sidewalk Project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , THAT :
Section l . City Council hereby accepts the Grant of Easement of a 12-foot wide
trdllsponation/utility easement along University Boulevard dedicated by the Korean Church to the
City of Englewood for deceleration/acceleration lane and sidewalk purposes, which Grant of
Easement, consisting of three pages, is attached hereto as Exhibit A.
Introduced , read in full , and passed on fint reading the 3n1 day of March, 2003 .
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2003 .
Anest:
Published as a Bill for an Ordinance on the 711t day ofMan:h, 2003 .
Read by title and passed on final reading on the l ~ day of Man:h 2003 .
Published by title as Ordinance No. __ , Series of 2003 , on the 21• day ofMan:h,
Beverly J. Bradshaw, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk for 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 2003 .
Loucrisbia A. Ellis
COUNCIL COMMUNICATION
Date: Agenda Item : Subject: 2003 Golf Cart Purchase
March 1 7, 2003 10 Ci Multi-Year Contract
Initiated By: Staff Source:
Department of Parks & Recreati on Jerrell Black, Director of Parks & Recreation
Dave Lee ManaRer of Open Space
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
1997-02 -12 E-Z Go golf carts were purchased each year.
1996 -11 E-Z Go golf carts were purchased.
199 5 -1 5 E-Z Go golf carts were purchased.
1994 -15 E-Z Go golf carts were purchased.
1993 -10 E-Z Go golf carts were purchased.
199 2 -1 O E-Z Go golf carts were purchased.
1987 -20 E-Z Go golf carts were purchased .
1986 -21 E-Z Go golf carts were purchased.
1985 -19 E-Z Go golf carts were purchased.
1982 -60 E-Z Go golf carts were purchased .
RECOMMENDED ACTION
Recommendation from the Parks & Recreation Department to adopt a resolution continuing a multi-
year contract to E-Z Go Colorado for the purchase of 12 new motorized golf carts.
' BACKGROUND, ANAL)'SIS, AND MBINAJM$ 1DENJIQED
Th e Engl ewood Golf Course has a total fleet of 72 golf carts. The current replacement schedule Is
based on complete replacement of all carts every 6 years . From 1988 to 1991 no golf carts were
purchas ed. This y ear, we are purchasing 12 new golf carts to maintain our current fteet size and
ro tation schedule of every si x years .
Th e con tract agreem ent betwee n th e City and E-Z Go Colorado is a renegotiation of the 1997 golf
ca rt purchase ag ree ment and re fl ects a sole-sou rce purchase agree ment between th e two parties .
flNANCiAL IMPACT
Funding for the golf ca rts is included in the 2003 Golf Course Maintenance Budget.
The purchase price per cart is S353 0 .00 and the trade-in value of the cMts being replaced is
S 1050.00 fo r a six-y ear old ca rt and S 1500.00 for a fiv e-year old cart.
LIST OF ATTACHMENTS
Mem orandum
Pu rchase Co ntrac t
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MAR-10-2003 MON Ot:59 PM ENGLEWOOD REC CENTER FAX NO. 3037622688
MEMORANDUM
TO: Jenell Black, Oilector of Parb & Recreation
FROM: Dave Lee, Manapr of Open Space
DATE: December 26, 2002
SUBJECT: Golf Can Contract
The COD1n1Ct for purchalina aolf ca111 expira tbil year. Tho orip QClll8raet ltaded in
1997 with 5 one-year extenliOIII to tbc conlrlCt. B-Z Oo Colondo would like to offer tbc
City the ume COlllrKt and priciq a we receivod lrom 1997 lbraup 2002.
I believe tbil offer i1 an outat1Ddi111 value tbat the City lbould tab advllllalC ot: The
quality aad reliability of E-Z Go Oolf Carta ii doc'.\llllffl!e throup tbc llady dllt WU
performed by Fleet Councilor Servicel aad dlroqh our OWD DMY~ and NI*'
recordl.
1 am cumoUy not IWlft of IDY oCbar campany that ii 'WilliD& to aeU tlleir pmdaal in 2003
It 1997 prices. Below an a 1illiDa of~ we bave made in tbc put 111d our OOIII
for next year and ftdln yan. Priccl do DOI include hishl .....
YNr Qudt)' ........... .....
1997 (03) 12 Gu GolfC1111 $3,530.00
1998 (04) 12 GIi Golf Cana $3,530.00
1999(05) 12 GuGolfCanl $3,610.00
2000(06) 12 Gu GoltC1111 $3,690.00
2001 (07) 12 O..OolfC.U $3,110.00
2002(08) 12 0.. Golf Carts $3,850.00
In addition, E-Z Go Colorado 11 ofrtrina tbc aamc trade-in value that we bavt always
received lbroup Ille oriplal C0111nCt. Sl,OS0.00 trade-in for 6-)'Nr-Old c:ar1a ..S
Sl,500.00 for 5-yw-old Cll1I.
You may allo recall that in 1997, requtltl ilr bid _.. Nat to 3 Flf Gld V11111an. The
only bid that WO receivod back WII &om E•Z 0o Colando. No odaer vtador WII
imseatocl m biddiaa btclUM E·Z Go Colando ii a wboleule •lenbip Odllr
c:ompam• caaaoc llllk:h lblir wbolaalo priciDa.
lfyou bave any !lnber quesiiona, .,__ 1et aae know.
P. 02
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NO.
SERIES OF 2003
A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR PURCHASE OF GAS
GOLF CARTS FOR MULTIPLE YEARS BY THE CITY OF ENGLEWOOD , COLORADO,
WITH E-Z GO INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116(b)
OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD
MUNICIPAL CODE .
WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1 -3-1,
Englewood Municipal Code 2000, allow contracts for purchase of special equipment to be
negotiated, provided that contracts for which no competitive bids have been requested have been
approved by resolution which shall declare the reason for exception to the competitive bidding
requirement ; and
WHEREAS , the City of Englewood has a total fleet of 72 golf carts; and
WHEREAS, the current replacement schedule is based on complete replacement of all
carts every six yean; and
WHEREAS, the City is scheduled to purchase 12 new golf carts to maintain its current
fleet size and rotation schedule.
NOW , THEREFORE, BE IT RESOLVED BY TifE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section 1. The Parks and Recreation Department is hereby authorized to neaotiate a
contract for purchase of 12 new golf carts annually pursuant to the contract attached u Exhibit A,
in lieu of the competitive bid process as allowed by Section I 16(b) of the Englewood Home Rule
Charter and Section 4-1-3-1 oflhe Englewood Municipal Code 2000 .
ADOPTED AND APPROVED this t 7"' day of March, 2003 .
Anes t:
Beverly J. Bradshaw, Mayor
Loucris hia A. Ell is, Ci ty Cleric
I, Loucris hia A. Elli s, City Cleric for the City ofEnalewood, Colondo, hereby certify that
the above is a tru e copy of Resolution No .___, Series of 2003 .
CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT, made and entered into this __ day of , 2003, by
and between the City of Englewood, a municipal corporation of the State of Colorado, hereinafter
referred to as the "City", pany of the first pan, and E-Z-Go, a Division of Textron, Inc ., S867
Broadway , Denver, CO 80216, hereinafter referred to as the "vendor", pany of the second part.
WlTNESSETH :
PROJECT : PURCHASE OF MOTORIZED GOLF CARTS
WHEREAS, pursuant to authorization by the Englewood City Council, this Contract is
awarded to the above-named Vendor for the purchase of motorized golf cans.
NOW, THEREFORE, in consideration of the compensation to be paid, the Contract, the
mutual agreements hereinatler contained are subject to the terms hereinafter stated :
A. Contract Documents : It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attacbed hereto, bound beRwitb or incorporated
herein by reference constitute and shall be referred to either u the Contnct Documents or the
Contract and all of said iruitruments. drawings. and documenis takm toaetber u a whole
constitute the Conmcl between the panics hereto and they an: u fully a put of this apeemcnt u
if they were sci oul verbatim and in full herein:
Contract (this instrument)
GenerJI Conditions
D,:tailcd Specilicauons
B. Scorn; of Work : The Vendor agrees 10 and shall furnish all equipment and
everything necessary for and required to Jo, perform and complete all the work described, set
forth . shown and included in said ContrJCt Documents.
C. T.:rms of Performance : The Vendor agrees to complete the delivery of1his
equipment under this Con1r.1ct within Thiny 10 Fony-five days from beina notified of the
acceptance of 1h1s Contract.
D. Terms of Pavment. The City agrees 10 pay the Vendor for the delivery of all
equipment requested under this con1rac1. and the Vcndof aarccs to accept u bas full and only
compensauon therefor such sum .,f money :111 set fonb in the paeral c:oaditioas attacbed hereto,
the total cost thereof being .1s stated for each golf can is $3530.00 witb a trade·in value of the
cans being replaced 1~ SI 050 110 for .1 six-year-old can lllld S 1500.00 for a five-year-old can. • •
E. Contract/Agreement: It is agreed that this will be a multiple-year award to allow
for purchases from the Vendor for the following number of years:
Year Quantity Description Price
2003 12 Gas Golf Carts $3,530 .00
2004 12 Gas Golf Carts $3,530.00
200S 12 Gas Golf Carts $3,610.00
2006 12 Gas Golf Carts $3,690.00
2007 12 Gas Golf Cans $3,770.00
2008 12 Gas Golf Carts $3,850.00
Price adjustments could be neaotiated, if necessary, from year to year as agreed upon by both the
City and the Vendor. The cost is to be based on documented industry price lists for that year. At
any time during this Contract should the City not be pleased with the service, product or the
product ceases to meet the minimum specifications, the City may tenninalfl this agreement by
giving thirty {30) days' notice in writing to the other party of its intention to do so.
F. Appropriation of funds: Notwithstanding anything contained in this Contract to
the contrary, in the event no funds or insufficient funds are appropriated and blJdaeted by the
governing body or are otherwise unavailable by any means wlwsoever in any following fiscal
period for which appropriations were received without penalty or expeme except as to those
portions of the Contract or other amowits herein for which funds have already been appropriated
or are otherwise available. The City shall immediately notify E-Z-Go, a Division of Textron or
its assignee, of such occurrence in the event of such termination.
G . Guanptced Rcpurchue Price: Tbc Vendor will repun:hale their equipment from
the City within six (6) years of purchase for no less than a specified amount {u stared on tbe Bid
Proposal), provided the equipment has been reuoaably operated and maintained, that it does not
exceed a specified qe {six (6) years). Tbe Vendor Illas no obliplion to repun:bue equipment
that is destroyed or damqed to the extent that it cannot be replired to aood opcnlina condition
or has been abused or misused. Equipment must be in reuoaable operatina condition for its qe.
The City is not obli11ated through this agreement to sell the equipment only to lbe vendor.
H. Conqact Bjndjng: It is agreed that this Contract shall be bindina on and inure to
the benefit of the parties hereto, their heirs, executors, administraU>rs, assipis and successors.
IN WITNESS WHEREOF, the parties have caused these presents to be si111ed personally
or by their duly authorized officers or agents and their seals affixed and duly, attested the day and
year first above written.
ClTY OF ENGLEWOOD. COLORADO
PARKS AND RECREATION DEPARTMENT
CITY or ~~G~EWOOC
GENERAL CONOtT"CONS
A. All units :~quested :o be new and of manufacturer's cu:rent
model in production at tha time of da:ivery, and standard
equipment, ~nle!s otherwi~e ~pecified.
B. Vehicles/equipment must conform to all latest Federal Motor
Vehicle Sa!ety Standards, O.S.H.A Standards, where applica.ble,
must be included whether or not specified. All wiits muat zneet
EPA noise level standards CDBA).
C. Vehicles/equipment muse be completely washed and serviced in
accordance with standard ~nufact~rer's pre-~elivery
~pecifications, including current State and !ederal Safety and
emissions inspections, where appli:able. A forty-five (4~) day
permit is to be inc~uded for each unit. Line sheets showing
all components of each unit are to be tur:,iahed with each unit
delivered. The right is reserved ~o assess the sel-ing dealer
fitty dollars ($50.00) per ur.1t i! the pre-delivery is ~ot
complete.
D. Manufacturer's standard warranties to be supplied. The
warranty shall not start until ti~al acceptance by t.~• Cicy of
~nglewood and any transportation or towinq r•cr~ired tor
warranty repair shal! oe suppl~•d at no addition&~ cost to the
City
£. Vahicla5 /•quipment a:e to be del~vered to 2BOO South ?latte
R:ver Drive, Englewood, Colorado, 801:0, or aa indicated on th•
Purcha~e Order.
F. All paper wo:k lnc!uding a~plication ~o= citle, certi!~eacion
o: or!g~n. ce~~i:ica:ion or weiqh: (1! applical:)le) and warran:y
pape=s ~ha:i ~ccomp~ny each vehicle upon delivery in order ~o
obtain ow~ership paper5 .
G. A:t~r~a:~ ?ropo5al5 5hall no: ~e :on1:dered un:ess ca:lec for.
~o o:al, :eldq=aph!c or f~x ?=opo1al1 or :nocit~cation• shall oe
co~s:derad.
~-The C!ty reserva5 t~e ri;~t to ~•gctiat• addit~onal opt~ons
w.!.::: ti'.d 3~ccass:'.l-·:a:-:dcr at t:ie ::me :he o:ce: :s p:aced.
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City of englewood
General Conditions
Page Two
~ The City of £nqlewcod reserves t~• right to assess the selling
dealer a penalty i! their delivery date 1• not met. This
provision shail appear on the purchase order, if applicable.
J. In making a final decision and award to the lowest responsible
and best bidder, th• City shall take into con11deration the
following factors: price, delivery time, conformance to
specifications, dealer's par:.s inventory and •upply history tor
th• unit m.ake, per!ormance of the unit in relation to it's
intended use. Th• performance factor 111&y be evaluated by any or
all of the following: actual teat, independent teat data,
inquiries to other fleets using the uni:, and when available,
actual performance in the city's fleet.
?NOIN2:
C:&11.
DIGINE/NOISI:
BOIB, STROii:
DISPLACDIDIT :
IIOUBPONIR:
COOLING:
LOaRICA'!'?:ON :
cn.nmas,
tc:art"'!'IOK :
CARBURB':Olt:
BAAlGS : au.a :
S" .... -s,n:s:w ~•
Y= _:_.:
4-C'Jcle, 2 c:ylindar in-line overnead
Noiae lewl •ball aot exceed 70 dl:ia at
25 feet. lngiu to be a four•c:ycle wi:.h
ebe loweac RC emiuion available.
2.52 X l.77 in.
UScc.
8.5 at lOOO RPM.
Oil PIMllp with filter acreen.
Die c~t alWllinum with c:aae i=on liner.
Blectronic:, breakerle••
Automatic, variable apeed dry cype
Pul ly automatic, cont!nuaualy variable
crar.3~iaaion, fo~ UMi reverae.
Large ve ntl.lr.1 fixed jet float bowl with
aeparate fuel pump.
Bxter:ial •tarter-generator, CC1111Pact l2V
lll&inten&nce frH b&tte:y, heavy duty
forwazu/reverae ewitc:h, 260 CCA battery
with 30 minute reaerve.
Hi9h efficienc:-1 ne:ical gear with apeed
sendi:ig governor, l4.71 to l ratio.
Auto -adjuacing machanical drum type,
rear wheel bralcea with over 47 aq . inc:h
awepc area. Autoaatic hill brake
with Hlf-compenaating' syatem. Non-
••c•atoa lin:.ng.
Ad:;uat.sble :o 1.2 MPH, iQY'eZ":ed.
P::-cnt-MUltiple wi:::i.
ahccka ; rear•cci: aprinqa with hydraulic:
•c~p :ype 1h~ck &baorber•.
ii.D.Lil'OK 8HC%7ICAffOIII
NO'l'Oa:UD caou cus
•Aa TWO
STEEltING:
LOAD CAPACITY:
BODY:
OU.SSIS:
GOLF CARTS:
TIRES:
TRADE IN:
ACCESSORIES :
Automatic typ• double reduction rack and
pinion.
aoo lb•. i~cluding operator, paaaanger•
and accesaori••·
All steel with replaceal:lle pan9la.
Welded high yield atruc:<:~ t~
steel.
To be new unuaad l996 IIIOdela.
l8 X 8 . S X 8 Po\< :r Rib.
9 -l99l E-Z 00 carte.
2 -1992 Club car carte
sw,uu:er buketa. acuft latu ad tapa
COUNCIL COMMUNICATION
~
Date Agenda Item Subject
March 1 7, 2003 10cii Supplemental Appropriation for year-end 2002
to comnlv with Citv Charter reauirements
Initiated By l Staff Source
Den2 rtment of Finance and Administrative Services Frank Grvcrlewicz Director
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
The CouncH approved the 2002 Budget and Appropriation on final reading November 5, 2001.
RECOMMENDED ACTION
Staff recommends Council approve the attached resolution for supplemental appropriations for the year
ending 2002. These additional funds are required because all expenditures and expenses are often not
known until all invoices and purchase orders are processed at or after year-end
The sources and uses of the funds are:
GENERAL FUND
Soyrg pf Fyndg
Unreserved/Undesignated Fund Balance
State Library Grant
FEMA Grant
VKo(b'*
Library Services
Pay adjustment to correct hourly wage error from 2000
Staff training related to computer upgrade
State Library Grant related costs
Subtotal
Safety Services
FEMA Firefighters Grant Program
DONORS FUND
Source of Funds;
Forfeiture funds
use of Funds;
Fox Street Police Substation remodeling and rental costs
PAVING DISTRICT NO. 38
Source of Funds;
Special Assessment Fees
$5,700
$9,000
~
$36,549
$4,800
$900
i,2.WQ
$14,700
$36,549
$20,000
$20,000
$700
use of Funds;
Bond Principal
STORM DRAINAGE FUND
source of Funds;
Retained earnings
Use of Funds;
Capital ouday
CONCRm UTIUlY FUND
Source of Funds;
Retained earnings
Use of Funds;
Capital budgeted in 2001 completed in 2002
HOUSING REHABILITATION FUND
Source o( Funds;
Retained earnings
Program Sources
use of Funds;
Program Costs
A VS Project costs
$700
$70,000
$70,000
$89,000
$89,000
$100,000
$200,000
$200,000
$100,000
The City of Englewood is required by City Charter to ensure that expenditures do not exceed legally
adopted appropriations. The attached resolution appropriates funds to ensure that the City of Englewood
complies with legal restrictions governing local budgeting.
FINANCIAL IMPACT
These supplemental appropriations will reduce General Fund unreserved fund balance by $5,700. The
D o nors' Fund is being amended to reflect the lease of the new Fox Street Police Substation that was paid
for with forfeiture funds. Paving District No. 38 Debt Service Fund unreserved fund balance will be
dec reased by $700. Additional principal received from special assessments covers the reduction in fund
balance. The Concrete Utility Fund retained earnings is reduced $89,000 by this action for capital
budgeted in 2001 but not completed until 2002. The Storm Drainage Fund retained earnings is reduced
$70,000 for paving and striping on Dartmouth Ave. The Housing Rehabilitation Fund retained earnings are
being reduced $100,000 due to work done on the AVS Project These costs will be recovered when the
property is sold .
LIST OF ATTACHMENTS
Proposed resolution
• •
A RESOLUTION APPROVING TIIE 2002 YEAR END SUPPLEMENT AL
APPROPRIATIONS TO COMPLY WI1ll CITY CHARTER REQUIREMENTS.
WHEREAS, all expenditures and expenses are often not known until all invoicca and
purchase orders are processed at or after year end; and
WHEREAS, supplemental appropriations are often necessary after all expenses are
proccssed;and
WHEREAS, the City of Englewood is required by City charter to ensure dllt
expenditures do not exccccl lcplly adopted appropriations.
NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCll. OF TIIE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The Budget for the City of Englewood, Colondo, is hereby amended for the
year ending 2002, as follows:
GENERAL FUND
Source offunda:
Unrcscrvcd/Undcsignatcd Fund Balance $5,700
State Library Grant $9,000
FEMAOrant ruM2
Useo{FYQda $36,549
Library Scrvicca
Pay adjustment to comet hourly wqe error from 2000 $4,800
Staff training related to computer upgrade $900
State Library Grant related c:osta Wlml Subtotal $14,700
Safety Services
FEMA Fircfightcn Grant Program ~
DONORS FUND
$36,549
Source of Funds:
Forfeiture funds $20,000
Use ofFunds:
Fox Street Police Substation remodeling and rental costs $20,000
PA YING DISTRICT NO. 38
Soum; ofFunda:
Special Assessment Fcct $700
use of FYQda:
Bond Principal $700
.•
STORM DRAINAGE FUND
Source of Funds:
Retained Earnings
UseofFunda
Capital Outlay
CONCRETE UTILITY FUND
Soyn;c ofFunda:
Retained Earnings
Use ofFunda:
Capital Budgeted in 200 I Completed in 2002
HOUSING REHABILITATION FUND
Source ofFunda:
Retained Earnings
Program Sources
use of Funds:
Program Costs
.A VS Project Costs
$70,000
$70,000
$89,000
$89,000
SI00,000
$200,000
$200,000
$100,000
Section 2, The City Manager wl the Director of Finance wl Adminiatrative Services
are hereby authorized to make the above cbanaea to the 2002 Budget for the City of Enalewood.
ADOPTED AND APPROVED lhil 11* day of March, 2003.
Beverly J. Bndabaw, Mayor
Attest:
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby c:er1ify the
above and foregoing is a true copy of Resolution No.___, Series of2003.
COUNCIL COMMUNICATION
Date Agenda Hem
March 17, 2003
STAFF SOUia INmATEDBY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCL GOAL AND PREVIOUS COUNCL ACTION
A previous well was constructed In 1992 at the Mdellan Reservoir. This well was drifted Into the Laramie-
Fox Hills Aquifer -a deeper aquifer than the two proposed wells. The State has approved the drilling of
these two wells, which will not affect other nearby well systems.
RECOMMENDED ACTION
The Water and Sewer Board, at their Maid) 11~ lOO~ ~ r~ Coundl approval. by
, t11•111ct hni ........ Dlllr'IC........,111 ._....,.«$JM,MMefe,W6LM•AoM1. !
BACKGROUND, ANALYSIS, AND ALTERNATIVES ID£N11RED
To supplement Englewood long-range water supply plan, especially during drou(lht conditions, it Is
proposed to drill two wells, approximately 900 feet deep. The wells will be gravel packed water wells, one
drilled into the lower Arapahoe Aquifer (LA-S) and one driHed Into the Arapahoe Aquifer (A-M 1 ). The golf
courses well wilhupply raw water for the Allen FMter Plant and the Englewood Golf Course. The Mdellan
well will discharge raw water directly into Mdellan Reservoir for future raw water supply needL
The Mclellan well will be located approximately southeast of Mdellan Reservoir on the south side of
County Line Road. The Golf Course well wiN be located west of the Englewood Golf Course on ·lhe west
side of the South Platte River near the abandoned Bear Creek Filter Plant-
Drilling the wells is the first phase of the total project Connections and pumping will be bid separately in
the future .
FINANCIAL IMPACT
A bid opening was held February 28, 2003 and two bids were received:
Lane Western
Henkle Drilling Company
Well LA-5
$216,101.00
$146,532.25
WeHA-Ml
$213,828.00
$147,714.3 :;
Total
$429,929.00
$294,246.60
Phil 1'' rtin of Martin & Wood Engineers reviewed the bids and determined that the Henlde Oralr'I
Com pany bid in the amount of $294,246.60 wu the lowest, acceptable bid.
$500,000 is budgeted for the well under Source and Supply. The remainder will be used for pumps-and
electrical connections.
LIST OF ATTACHMENIS
Bid Sheet
--
• .,, .
. ;
:•
' \,
----------------~~ t
Bid Opening date: February 28, 2003
CONSTRUCTION OP LANE WESTERN Hnllde DrHlhla c-pe•y BobllNaHDril
WATER WELLS LA-5 alld A-Att•:O.nTonaoln Att•:"-Melp P.O. Att•: Todd 8"11
Mt t7M8 E 22ad Ave. Bos 639 Ganin City Ka-J40I S Hwy 191 P.O.
A•mni, Co. •1 t 67146 303-941-Moab,Utl4~
JOJ-755-1211 727J --526-0JM
NO. ITEM Eltlmated Well LA-5 Well A-Ml Total Well LA-5 Well A-Mt Total WetlLA-5 Well A-
Qaanltyalld U•lt price U•lt price U•lt price U•lt price U•lt price Mt U•lt
Ualt price
I Mobilization & Demobilization Lump Sum s ll.000.00 s 23.IJJ.IIO s 54,lll.OO s 24.860.00 s ll.900.00 s ll.760.00
2 Conductor Bore & Cuin1 60 L.F . s 9.660.00 s I0,610 .IIO s 20,340.00 s 6.000.00 s 6.000.00 s 12.000 .00
J Drill Final Size Bore Holes 740 L.F. s 45 .IIO.IIO s 49.600.IIO s 95,490.00 s 34.414 .00 s 39,IOO .OO s 74.214 .00 NOalD NOBID
4 Geophysical Louin1 Lump Sum s 7.lllO.INl s 9,6~.oo s 16.150.00 s 6.1211.00 s 6,106.00 s 12.226.00
Furnish & Install Mild Steel s ll,152.00 s 26.429.60
s Cuin1 661 L.F . s 17.116.00 s 16.6116.00 s . s llJl5.25 s 13,044.35 s .
Furnish & Install Stainless s ll,I00.00 s 23.704.00
6 Sleel Screen 120L.F. s 15.000.00 s 23,IOO.OO s . s 9.2114 .00 s 14,440.00 s .
7 Furnish & Install Gravel rack 360 L.F. s 12.QI\O.IIO s 16.4'NI.IIO s 29,430.INI s 9.7.JII.OO s 14.274 .00 s 24.1112 .00
8 Furnish & Install Cement Seal 440 L.F . s 21 .560.IIO s 1,250.00 s 29,110 .00 s 9,l06.00 s 6.775 .00 s 16.1111.00
9 Well Development By B1ilin1 8 Hrs . s 2.148 .00 s 2,704 .00 s 5,552 .00 s l,I00.011 s l,I00.00 s 3,600.00
10 Well Develooment By Jetting JO Hrs . s 12,60 " (I() s 12,750.00 s 25 ,350.00 s 6.750.00 s 6.750.00 s 13,500.00
Well Development By Airlift
II Pumping 18 Hrs . s 6,II04 .00 s 7,002 .00 s ll,806.00 s 1,550.00 s 1,550.00 S 17,100.00
12 Pump Installation & Removal Lump Sum s 6.000 .00 s 6,500.00 s 12.500.00 s 7,436 .00 s 7,436.00 s 14.ln.oo
Well Development by Surge
13 Pumping 12Hn. s 5,400.00 s 4.~41 .00 s 9,941.00 s 1,764 .00 s 1,764 .00 s 3.'21.00
14 Production Testin1 40Hn. s 11 .600.00 s 11 ,320.00 s 22.920.00 s 5,1111.00 s 5,1111.00 s 11,760.00
IS Standby Time 20 Hrs . s 4,760.00 s 5,I00.00 s lo,560.00 s . s . s .
•
Cleaning, Disinfecting .t.
16 ICaooina Well LumoSum s 3,443.00 S 2,39'.IIO S 5,131.00 S m .oo s ffl.00 S 790.00
17 IVNJeo Loging Well ILumpSum s 2.200 .00 S 2,S60.00 S C,760.00 S II00.00 S 800.00 S 1,600.00
TOTALS S 216.1111 .00 S 2 ll.121.011 S 429,929.00 S 146.532.25 S 147,714.35 S 294.246.111
Total For T .... For Total For Total For Total For Total For
WeHLA-5 WellA-MI WelLA-5 WelA-MI w•LA-5 WeHA-
TOTAL TOTAL Ml
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COUNQL COMMUNICATION
Subjed Date Agenda Item Extension of Temporary Moratorium on New
March 17, 2003 11 a i Residential Construction
'·
INffiATEDBY STAFF SOUia
Community Development Department Tricia Langon, Senior Planner
coUNQL GQAL AND PREVIOUS COUNCIL ACTION
City Council approved Emergency Ordinance 28 on May 20, 2002, and extended the moratorium for
six additional months on October 7, 2002 by Ordinance 47. The extended moratorium Is scheduled to
expire on May 24, 2003. The moratorium established a temporary suspension of the Issuance of
building permits for new single-family attached and multi-family residential construction, as weH as land
subdivision, in an area bounded by West Evans Avenue on the north, West Vassar Avenue on the
south, South Tejon Street on the east and South Zuni Street on the west
RECOMMENDED ACTION;
Staff recommends that City Council approve a second extension of the moratorium established by
Emergency Ordinance 28 and Ordinance 47, Series 2002, to November 24, 2003 or until the effective
date of the Unified Development Code (UDC), whichever is earlier.
MQGBO\JND;
At a City Council Public Forum on April 1, 2002, community memben expressed concerns regarclng
the quality of residential structures being built in northwest Englewood. City COWICII discussed the
concems at the April 8, 2002 study session in relation to the Comprehensive Zonln1 Orclnance.
Council determined that establishment of design standards was necessary to protect the vlablllty of the
neighborhood and the interests of the convnunlty. Council clrected City staff to continue preparation
of the UDC, the update of existing land 1M and zonln1 regulations.
The moratorium and its extension were established to provide additional time to prepare and adopt
the UDC, including the requested residential design standards. The design st..idal'ds result from joint
BOA, Planning and Zoning Commission and City Council worlcshops over a two-month period and
include bulk plane standards and character design standards and guidelines. These standards are
intended to insure that new construction is more consistent with existing ~ c:h.acter. Staff
is c urrently reviewing draft standards prepared by Clarion Associates. Staff anticipates holclna a
nei ghborhoo d mee ting in April to present, discuss and invite comments on the draft residential design
standards.
The adoption process for Phase 1 of the UDC, including residenliil design standards. is scheduled to
begin with public hearings before the Planning and Zoning Commission in June 2003. Final adoption
is anticipated in October 2003 .
FINANCIAL IMPACT;
Building permit fees for new single-family atQ<:hed and multi-family construction wil not be colected
dur ing the moratorium . No additional financial impacts have been identified.
LIST OF ,mACHMENTS;
Bill for Ordinance
• •
•
ORDINANCE NO.
SERIES OF 2003
BY AUTIIORilY
tPOk
IIIIIL WO. 22
INTRODUCEDBYCOUNCil..
MEMBER _____ _
AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON
THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY ATTACHED AND MULTI-
FAMILY RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUIRING THE
SUBDMSION OF PROPERTY, IN THE AREA LOCATED BETWEEN WEST EV ANS
A VENUE ON THE NORTH, WEST VASSAR A VENUE ON THE SOUTII, SOUTII TEJON
STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN
ADDmONAL SIX MONTHS.
WHEREAS, constituents brought to the City Council's attention a concern regarding
design standards in the area located between West Evans Avenue on the nonb, West Vassar
Avenue on the south, South Tcjon Street on the cast, and South Zuni Street OD the west; and
WHEREAS, City Council bas reviewed that concern and found that the design llllndarda
in the area located between West Evans Avenue OD the north, West Vassar Avenue on the south,
South Tejon Street on the cast and South Zuni Street OD the west need to be updated; and
WHEREAS, control of the permitting and zoning of these facilities are legitimate
exercises oflocal police power; and
WHEREAS, the original moratorium on the iauance of permits for new siqle-f'amily
attached and multi-family residential conatruction, or any bousina requirina the subdivision of
property, in the area located between West Evans Avenue on the IIOlth, Weat Vaaar Avenue on
the south, South TejOD Street OD the cast, and South Zuni Street OD the Welt wu to give the City
staff time to collect information and work clolely with the Enalcwood community to revise
zoning regulations that protect the interests of the community; and
WHEREAS, City staff is coordinating these desigtn standards with the proposed Unified
Development Code; and
WHEREAS, on October 7, 2002, the moratorium was exteoded until May 24, 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
~-The City Council finds the provisions of this Ordinance are temporary in
nature and are intended to be replaced by subsequent legislative cnactmcnl The temporary
suspension of permits for new single-family attacbcd and multi-family reaiclential COIIIIIUction, or
any housing requiring the subdivision of property, in the-located between West Evans
Avenue on the north, West Vassar Avenue on the south, South Tcjon Street OD the cut and South
Zuni Street on the west shall terminate on November 24, 2003 .
s.wi!ml-The temporary suspension of permitl sball not apply 10 pcnnitl for ainale-
family detached houses, remodels, and accessory structures but will apply iftbe resiclence is
entirely demolished.
<•
'
.. ..
..
.. . >.
• •
~. The Englewood City council direc:11 City ltaft'to develop appropriate
recommendatioaa to Council, to be comiatnd with Ibis OntinmDe wl to cominue to collect
information and work clolely with die Englewood community to ~ mniDI replatiom which
protect die intereltl of die community
Introduced, read in filll, and paaed on fint rading OD die l "/6 day ofMan:b, 2003.
Published u a Bill for ID Ordinance on die 21• day ofMan:b, 2003.
Bevedy J. Bnmllaw, Mayor
Atteat:
Loucrilbia A. Ellia, City Clcrt
I, Loucrisbia A. EUia, City Clerk for die City ofl!npwood, Colondo, bmeby Cll1ify dlll
die above and foreaoinl ii a ture copy of a Bill 1br m C>nllnwle. ialroduced, read ill filll, wl
pated on tint readina on die 1 "/6 day of Mardi, 2003.
For your consideration on 1" Reading
Ordinance to extend for an additional 6 months
current Moratorium on New residential construction
in NW Englewood in the area bounded by
West Evans Avenue
West Vassar Avenue
South Tejon Street
South Zuni Street
Moratorium:
on the north,
on the south,
on the east and
on the west.
Established by emergency ORD 28
Extended ORD 46
May 2002
November 2002
Suspends building permits for single-family attached and duplex construction and the
subdivision of land
Does not apply to permits for single units, remodels or accessory structures
The emergency ORD resulted from citizen concerns regarding the quality of residential
units being constructed in the area
Purpose:
To that end
Opportunity to Study issues & develop residential design standards within
the UDC
Dec and Jan conducted joint worbhop Which lead to
Draft residential design standards by Clarion Associates, currently under review
• Community meeting scheduled to discuss proposed standards:
April 16 Wed.
hOOPM
Community Room
Advertised in Citizen, WEB, Channel a &
Notify parties in area who have shown interest in the issue
Extension is necessary to maintain temporary suspension of permits in the area until
enactment of the UDC
U DC Adoption process anticipated to begin with PH before PZ in June with
Completion in O ctober
Some, intermittent inquires RE subdivision since the previous extension
• t
• •
COUNCIL COMMUNICATION
Date Agenda Item Subjed
March 1 7, 2003 11 Ci Development Review Application Fee
Schedule
INfflATEOBY I STAFF SOURCE Community Development Anthonv I. Fruchd Planner I
PRMOUS COUNQL AQION
On March 3, 2003, during the Regular Agenda, City Council reviewed the proposed Development
Review Application and Fee Schedule and continued it to Marr.h 17. Council also recommended
that the proposal be referred to the Alliance for Commerce in Englewood (ACE) for review and
comment pertaining to the impact the proposed Development Review Application and Fee
Schedule may have on the business community.
The Alliance for Commerce in Englewood reviewed the proposed Fee Schedule at its meeting on
March 13"'. A memo regarding ACE's review is attached. The Board of Adjustment and Appeals
also discussed the fee proposed for a Variance application at its March 12., meeting. A letter from
Board Chair Jill Carlston is attached urging City Council to adopt a Variance application fee not to
exceed $125.00.
RECOMMENDED ACTION
Staff recommends that the City Council consider and approve by resolution the proposed
Development Review Application Fee Schedule as oudined in Exhibit A
'
BACKGROUND
The City of Englewood's current development applications and associated fees were established in
the early 1980's, and have not been updated since their implementation. To determine if the City's
development fees are up to date and comparable with other cities, staff conducted a survey of
fifteen (15) municipalities along the Front Range. Those municipalities are listed in the chart below:
Surveved Munidnalities
Arvada Aurora Castle Rock Commerce Citv Denver
Fort Collins Golden Greenwood VillaRe Lakewood Littleton
Lone Tree NorthRlenn Parker Westminster Wheat Rid11.e
To establish guidelines for the survey, three (3) objectives were determined for assessment of the
City's current development applications and associated fees. Those objectives are identified below:
To review the City's current development fees ensuring that they provide reasonable cost
recovery for staffs' time; and
To compare the City's existing and proposed development fees to ensure that they remain
equitable with other Front Range jurisdictions; and
To determine projected revenues based upon proposed development review lppliatlons
and fees.
..
'
i •
"
• •
f!NANCIAL IMPACTS
During 2002, staff received 114 Development Review Applications/Requests. Of the 114
Development Review Applications/Requests received, only 29 had fees associated with them.
Through this review, Development Review revenue could potentially Increase from $2,350 to
$16,325 with the implementation of the proposed Development Review Application and associated
Fees.
A]TACHMENJS
Memo regarding ACE review
letter from Board of Adjustment and Appeals
Exhibit A -Development Review Application Fee Schedule
Attachment B -Current Development Review Application Fees and Projected Revenue
Resolution
ATTACHMENT B
Current Development Review Application Fees
and Projected Revenue
In 2002, st.a.ff received 114 Development Review Applications/Requests.
Of the 114, Development Review Applications/Requests that were received by st.a.ff,
only 29 had fees associated with them.
• $2,3SO was collected via Development Review Application fees from the 29
Development Review Applications/Requests that were received.
If the proposed Development Review Application Fees were implemented, $11, 12S
in revenue would have been generated from the same 29 applications.
The projected revenue would increase 373%.
Attachment B provides two separate charts that individually break down the fees between
the existing Development Review Application Types and the associated Fees, and the
proposed Development Review Application and Fee Schedule.
The first chart, Current Development Review Application Fees and Projected Revenue
illustrates the current Development Review Application Types and Associated Fees that are
currently implemented vs. the projected revenue that each application would generate
based upon the proposed fee . Specifically, the chart indicates the current fee charged for
each application, the number of applications reviewed in 2002, the revenue that was
collected for each application (and total revenue for all applications), the proposed fees
associated with each application, and the projected revenue that would have been
generated based the number Development Review Applications received in 2002. Utilizing
this formula, the projected revenue from the Development Review Fees would inaeue
373% from $2,350 to $11,125.
Proposed Development Review Application Fees
and Projected Revenue
85 requests for the proposed Development Review Application Types were recen,ed
in 2002.
Of the 85 requests, there was no Development Review revenue generated.
The proposed Development Review Applications types and associated fees would
have generated $S200 in revenue from the same 85 requests.
The second chart, Proposed Development Review Fees and ,Projected Revenue, iOustrates
the proposed Development Review Application Types and Associated Fees recommended
by Community Development staff. The chart depicts the proposed Development Review
Application Types, the current fees charged for each application, the number of
requests/applications received by staff in 2002 , the revenue generated for each application.
the proposed fee for each application, and the projected revenue for each appliation type.
Based on the proposed Development Review Application Types, the number of requests
for each review type, and the proposed associated review fees, an additional $5200 would
have been generated in Development Review Application Fees.
t
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• •
Current Dev Review lication fees and
Application Current Number of Revenue fmnt
Type fee Applications CoDec:ted Ranp
2002 Fee. Ave.
Base District Rezone $631 +
$400 296 acre
Boundary Line
Ad 0 ustment 100 2 200
Conditional Use Permit $75 1 $75
Major Subdivision $100+ $300+ $692+
Per lot $5/lot 3 + 10/lots $50 $25/lot . t
Minor Subdivision $100+ $200+ $608+
Per lot $5/lot 2 + 5/lots $25 11/lot
Planned Unit
Dev PUD $500 500 1447 ~
Varianc:e High Density ..
Residential
Commerdal/lndustrial 75
Varianc:e ..
Residential 20 $1000
Total 29 $2,350
tion fees and
Application Current Revenue fn,nt
Type fee Collected Ranp
fee Ave
A.dmnstratiYe
Amendment 295
AdminhtratiYe Property
Combination 175
Administrative
Subdivision
Amendment to Approved
PUDorTSA
Annexation
Change of Address
Request or Address
Assignment 35 153
Conditional Use Annual
In
Encroachment 7
A
floodsuin Certificate of
Compliance $173
Overall Concept Plan
(OCP) 665
Temporary Use Permit $148 • • Transit Station Area
TSA
Vacation of bsement 2 $121
Vacation of lipt of Way 2 $4S6
Written ZOMII
Verification 39 33
Total 15
l'.W
Mlnll13,2003
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C '' T y 0 F ENGLEWOOD
COMMUNITY DEVELOPMENT
TO:
THRU:
City Council _ /
Robert Simpson, Director, Community Development (IY
Tricia Langon, Senior Planner FROM:
DATE: March 17, 2003
SUBJECT Proposed Land Development Fee Schedule
A Resolution to update land development fees was presented to City Council on
March 4, 2003. Council forwarded the proposed fee schedule to the Alliance for
Commerce in Englewood (ACE) for review and comment
The proposed fee schedule and the process for developing the schedule was
outlined at the regular ACE meeting held on March 13, 2003. It was explained that
that the proposed fee schedule relates to land development application fees and not
to Building Permit fees associated with construction. A letter from Board of
Adjustment and Appeals Chair Jill Carlston regarding increase in Variance
application fees was also distributed.
Council Member Yurchick opened the discussion by saying he had referred this
issue to ACE to help determine whether fees hinder someone from developing in
the City. Discussion ensued and the ACE consensus was that the proposed fees
would not hinder development opportunities in the City for the following reasons:
Development fees are an accepted part of development,
The proposed fees are in the reasonable range of fees development within
the metro area,
• The proposed fees appear fair and reasonable, and
• The real cost of a development project is time.
Emphasis was placed on the last point: developers are less concerned with fees than
with the process when development procedures are cumbersome and/or lengthy.
Development is hindered more by procedural uncertainty and inequity than by
known fees. As a result, support for Unified Development Code process changes
was supported .
1000 Englewood Parkway Entlewood. Colorado 80110 PHONE 303-762-2342 FAX 303-793-6195 -...... , ......
• •
SERIES OF 2003
. Alft.OVJNOT8111QfOaD~uvmw
ICA TION FEE SCHEDULE FOR COMMUNITY DEVELOPMENT. . I
WHEREAS, the cunent development application and associated fees were established by
City Council in the early 1980's; and
WHEREAS, City staff conducted a survey for assessment of fifteen municipalities along
the front range regarding their development fees; and
WHEREAS, the City's existing development fees require an adjustment to reflect the
costs to the City for the processing of development applications.
WHEREAS, these fees are reasonably related to City of Englewood expenses that are
inherent in processing development applications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1HE CITY
OF ENGLEWOOD, COLORADO, TifAT:
~-City Council hereby approves the Development Review Application Fee
Schedule, attached hereto u Exhibit A.
ADOPTED AND APPROVED this 17th day ofMan:h, 2003.
Attest:
Beverly J. Bndabaw, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colondo, hereby certify that
the above is a true and correct copy of Resolution No . _, Series of 2003.
Loucriabia A. Ellis • •
City of Englewood Development Review
Application Fee Schedule
I Application ! Fee
Administrative Review
Administrative Adjustment $225
Administrative Prooertv Combination $175
Administrative Subdivision $200
Board of Ad'ustment and ea/s
.Variance
A eal
Zonin2/Rezoninir:
Amendment or Expansion to an Approved
PUD orTSA $600 + $300/acre
Base District Rezone $600 + $300/acre
Overall Conceot Plan $750
Planned Unit Develooment $1 450
Transit Station Area $1 450
Subdivision
Annexation $600 + $300/aae
Boundary Line Adjustment $250
Maior Subdivision $1.000
Minor Subdivision $600
Vacation of Easement $125
Vacation of Rii;iht of Way $450
Use Permits
Conditional Use Permit $475
Conditional Use Annual lnsoection $25
Temoorarv Use Permit $150
~· R rltten ~eauests
Address Assii;inment ReQuest $50
Change of Address Reauest $50
Encroachment Ai;ireement $50
Flood Plain Certificate of Comoliance $200
Wr itten ZoninR V erification $50
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Before you is Agenda Item 11 c i, a resolution to approve the proposed
Development Review Applications and Fee Schedule.
Staff recommends that the City Council consider and approve by resolution the
proposed Development Review Application Fee Schedule as outlined in Exhibit A.
On March 3rd 2003, City Council reviewed the proposed Development Review
Application and Fee Schedule and continued it to this evening, March 17".
Additionally, Council recommended that the Alliance for Commerce in Englewood
(ACE) review the proposed Development Review Application and Fees Schedule
during it's meeting on March 13".
During Ace's meeting, a letter from Jill Carlton, Chair of the Board of Appeals and
Adjustments was distributed specific to the proposed BOM fee increase, that letter
is attached .
Upon review of the BOM letter, and the memo prepared by staff regarding the
proposed development fees, it was Ace's consensus that the proposed fees would
not hinder development opportunities within the City. A memo regarding Ace's
review is attached. ~~~~d-in response to the letter prepared 17,· J~a,ltel'I) ~ the BOAA, staff would like
to note that the according to the survey conducted of the 15 municipalities, the
BOM fees range from $25 · $500.
Staff would also like to note that the City of Englewood's current development
applications and associated fees have not been updated since the early 1980's.
Staff believes that the proposed Development Review Application and Fee provides
reasonable cost recovery for staffs' time, and remains equitable with other Front
Range jurisdictions.
Staff will address any questions that you may have at this time.
•
ENGLEWOOD URBAN RENEW AL AU1'HOR1TY' (l!UttA).
WHEREAS, the City of Englewood ia required by City Charter to ensure that
expenditures are not made without proper appropriation by City Council; and
WHEREAS, these funds are approprialed to ensure that the City ofl!qlcwood complies
with legal restrictions governing local budgeting; and
WHEREAS, the EURA bu no sources of fimdiq other dwa inves1ments and trmafen in 1 from other funds; and
WHEREAS, the EURA Board met on February 12, 2003 and approved their 2003 budget
which included the proposed trlllsfer from the City's General Fund.
NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCll. OF TIIE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The 2003 Budget for the City of Englewood, Colondo, ia hereby amended u
follows:
GENERAL FUND
Ugo[funds;
Transfers out of the Englewood Urban Renewal Fund SS,000
Source o[funds;
Unreservecl/Undcsignated Fund Balance SS,000
Section 2. The City Mwpr and tbe Director of Finance 111d Admiaillraave Services
are hereby authorized to make the above cbanaes to tbe 2003 Budpt of tbe City of Eqlewoocl.
ADOPTED AND APPROVED this 1,6 day of March, 2003 .
Attest: Beverly J. Bndabaw, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for tbe City off.qlewood, Colorado, bereby ca1ify die
above and a true copy of Resolution No.__, Series of 2003.
COUNCIL COMMUNICATION
Date Agenda Item Subject
March 1 7, 2003 11 C ii Transfer of Funds from the
General Fund to the Englewood
Urban Renewal Authontv (EURA)
Initiated By Staff Source
Deoartment of Finance and Administrative Services I Frank G . Director
COUNCIL GOAL AND PRMOUS COUNOL ACTION
The Council has not taken any previous action on this topic.
RECOMMENDED ACTION
City staff recommends Council approve the attached resolution.
The sources and uses of the funds are:
GENERAL FUND
Source pf Fyndg
Unreserved/Undesignated Fund Balance $5,000
VKo(Fynds;
Transfers out to the Englewood Urban Renewal Authooty $5,000
The City of Englewood is required by City Charter to ensure that expenditures are not made without proper
appropriation by City Council. The attached resolution appropriates funds to ensure that the City of
Englewood complies with legal restrictions governing local budgeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRm
The EU RA has no sources of funding other than interest eamed on investments and transfers in from other
funds. Th e EURA Board met on February 12, 2003 and approved their 2003 Budget including this transfer
fro m the City's General Fund.
FINANCIAL IMPACT
Thi s transfer will reduce General Fund reserves by $5,000.
LIST OF ATTACHMENTS
Proposed resolution
COUNCIL COMMUNICATION
..
Date Agenda Item Subject
March 1 7, 2003 11 C iii Transfer Funds from the Capital Projects
and Capital Equipment Replacement
(CERF) Funds. Reduction of Budgeted
Contingency and Community
Develonment Funds
Initiated By I Staff Source
Deoartment of Finance and Administrative Services Frank Grvidewir7 Director
COUNCIL GOAL AND PRMOUS COUNCL ACTION
The Council has not taken any pervious action on this topic, but the topics have been discussed at a
previous study session with the Budget Review Committee (BRC).
RECOMMENDED ACTION
Staff re c ommends City Council approve the attached resolution :
• Transfer $175,402 from the Capital Projects Fund to the General Fund to cover lease expenditures
for 2002 and 2003.
• Transfer $525,000 from the CERF to the General Fund.
• Reduce the Contingency budget for periormance pay by $135,000.
• Reduce the Community Development Budget $50,000 to reflect the delay of the shuttle program .
Th e sourc es and uses of the funds are:
CAPITAL PltOIECTS FUND
Sqyrq pf,,,.
Unreserved/Undesignated Fund Balance
Vs of Funds;
Transfers Out to the Gene ral Fu nd
CA PITAL EQUIPMENT REPLACEMENT FUND
Source of Funds;
Unreserved/Undesignated Fund Balance
Vs of Funck;
Tr,rn sfcrs Out to the General Fund
GE NERAL FUND
Source of Funck;
Tr nsfers in from the Capital ProJects Fund
Transters in from the Capital Equipment Rep&.cement Fund
$175,402
$1 75,402
$525,000
$525,000
$1 75,402
$525,000
$700,402
GENERAL FUND
Source of Funds;
Reduction Community Development Budget: Shuttle
Reduction Contingency Funds : Performance Pay
use of Funds;
Unreserved/Undesignated Fund Balance
$50,000
$135,000
$185,000
The City of Englewood is required by City Charter to ensure that expenditures are not made without proper
appropriation by City Council. The attached resolution appropriates funds to ensure that the City of
Englewood complies with legal restrictions governing local budgeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The BRC meet and agreed that these one-time actions should be take to shore-up the General Fund during
this time of economic recession and uncertainty. The transfer of funds from the PIF to CPF is dme to
maintain consistency. The budget reductions are a result of BRC recommendations to reduce expenditures
in 2003.
FINANCIAL IMPACT
This transfer will reduce Capital Projects Fund reserves by $175,402 . The CERF will see reserves reduced
by $525,000. The PIF and CPF will essentially exchange funds to maintain payment consistency. General
Fund reserves will increase a total of $885,402 as a result of these actions.
LIST OF ATTACHMENTS
Proposed resolution
WHEREAS, the City of Englewood is required by City Charter to ensure that
expenditures are not made without proper appropriation by City Council; and
WHEREAS, Budget Review Committee met and agreed that these one-time actions
should be taken to stabilize the General Fund during this time of economic recession and
uncertainty; and
WHEREAS, the ttansfer of funds from the Public Improvement Fund to Capital Projects
Fund is done to maintain consistency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The 2003 Budget for the City of Englewood, Colorado, is hereby amended as
follows :
CAPITAL PROJECTS FUND
Source offunds:
Unreserved/Undesignatcd Fund 8alaace
Use offupds:
Transfers Out to General Fund
CAPITAL EQUIPMENT REPLACEMENT FUND
Source of Funds :
Unreserved/Undesignated Fund Balance
Use o[Funds :
Transfer Out to General Fund
GENERAL FUND
Source of Funds :
Transfers in from Capital Projects Fund
Transfers in from Capital Equipment Replacement Fund
Use of Funds :
Unreserved/Undesianated Fund Balance
$175,402
Sl7S,402
SS2S,OOO
SS2S,000
$175,402
$525,000
$700,402
t
GENERAL FUND
Source of Funds:
Reduction Community Development Budget: Shuttle
Reduction Contingency Funds : Performance Pay
use of funds·
Unreserved/Undesignated Fund Balance
$SO, ,
$135,000
$185,000
Semsml The City Manager and the Dim:tor of Financial Services are hereby authorized
to make the above changes to the 2003 Budget of the City of Englewood.
ADOPTED AND APPROVED this 1,. day of March, 2003 .
Bcvcrly J. Bnldlbaw, Mayor
Attest:
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clert for the City of Eqlewood, Colando, benby certify the
above and forqoina is a true copy ofRaolution No. __ , Seriea of 2003.
Date
March 17, 2003
Initiated ly
COUNOL COMMUNICATION
ORSA Sponsorship
Staff5oura
Human Resources Joan Weber, Benefits/Risk Manqer
RECOMMENDm ACTION
Seeking Council approval, by motion, to sponsor Englewood Houslns Authority to become a member of
CIRSA
BACKGIOUND, ANALYSIS, AND Al1EINA1MS IDENIIFIED
Englewood Housins Authority is seeldns endorsement from the City of Enalawood to sponeor their
application for membership into CIRSA for workers' compensation coverap as wel • property and
liability coverage. The Housins Authority prior to 2003 was covered by the City of Enalewood'1 coverap.
There is no liability to the City of Englewood for this endonement.
LIST Of ATTACHMENTS
Englewood Housing Authority request for sponsonhip
Joan Weber
From:
Sent:
To:
Cc:
Subject:
Hi Nancy,
JhamltOglobalvlllageayema.com
Monday, March 10, 2003 1 :47 PM
NancyReld
Joan Weber
CIRSA Sponsorship Reeolutlon
The Englewood Housing Authority is requesting a City resolution advocating
sponsorship of the houaing authority aa a new mamber of the Colorado
Intergovernmental Riak Sharing Agency (CIRSA). A.a you -Y know, the BHA waa
required to obtain ita own worker'• cOlll)enaation insurance policy thia year,
after being on the City•• policy for many years. It ia our underatancling
that this waa required by CIRSA because the BHA ia a separate governmental
entity. At it's regular board -•ting on January 8, 2003, the EHA Board of
Co11111issioners approved Resolution No. 1 (Series 2003), authorizing an
intergovernmental agreeinent between the BHA and CIRSA, and the BHA'a
membership became effective January l, 2003. However, CIRSA notified ua
after the fact that due to an overaight, they did not properly request or
receive a sponsorship resolution from the City aa required by their bylaws;
hence, our request to you at this ti-. It ia our underatandi119 that this
action ia more of a formality than anything else and, aince we are now
active members, with our Board's approval of all terma and conditions, we
are hopeful that the City Council will approve such a requeat. We have
worked with Joan Weber from HR to effect this change, and ahe -y be able to
provide additional information. Pleaae let -know if you have any
questions or need any additional info~tion frca .. (303-761-6200).
Hope all ia well with you!
Jo Hamit
-
1.
2.
3.
4.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, MARCH 17, 2003
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, co 80110
Call to order. rJ : c/(J ~
Invocation. l)~
Pledge of Allegiance. ~
RollCall. (;~//~{el//~
5. Minutes. rpJ ~'-(}. M;nute< &om the Regula, COy Council Meeting of Matti, 3, 2003.~
6 . Scheduled Vl,ilo"-(Plea,e Hmlt you, ""'"""""°" "'(;e~ II O -
~ie Edwards, a resident at Sandalw~~ents, will address City Counci) I l frl~
regarding the recent evi~"l-lJtll.7,:t by Englewood's SWAT Te~.~~.t:l"IWIP~J.\l]
/£y,t(l'1f Mi · yoo, p,e,en~~five m-..J
~::~tcation,, Pmclamation, ontmenb. ~
9. Public Hearing (None Scheduled) # a_
ff
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a. Approval of Ordinances on First Reading.
i. Council Bill No 20,_,. Recommendation from the Utilities Department to
adopt a bill for an ordinance approving an Intergovernmental Agreement
with the Colorado Department ofTransportation authorizing a Contractor
Adjusted Utility Agreement to facilitate traffic signal improvements at
Belleview and Clarkson. STAFF SOURCE: Stewart H. Fonda, Din!dor of
Utilities.
ii. Council Bill No 21 -Recommendation from the Utilities Department to
aaopt a bill for an ordinance approving Supplement #155 to the
Connector's Agreement with Southgate Sanitation District. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iii. Council Bill No. 23 -Recommendation from the Utilities Department to
adopt a bill for an ordinance approving City Ditch License Agreements
with Ensor, Wildacre, and Green Valley Turf Co. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
iv. Council Bill No. 24. Recommendation from the Department of Public
Works to adopt a bill for an ordinance approving an Intergovernmental
Agreement with the Urban Drainage and Rood Control District for
construction of Big Dry Creek Improvements at the AHen Water
Treatment Plant STAFF SOURCE: Stewart H. Fonda, Diredor of
UtiUties.
b . Approval of Ordinances on Second Reading.
Council Bill No. 17, accepting the dedication of a Transportation/Utility
Easement adjacent to the Korean Emanuel Church at 3095 South
University Boulevard .
c. Resolutions and Motions.
Recommendation from the Department of Parks and Recreation to adopt
a resolution approving continuance of a multi-year contract with E-Z Go
Colorado for the purchase of 12 new motorized golf carts. STAFF
SOURCE: Jenell Blad, Director of Pam and leaution and Daw Lee,
Manager of Open Space.
..._ ... N,-.._. • ......,_. ... ..-.,Y.W.• ................. Cllr .. F' 11•
(Ja.7'2-2415)11 .......................................... ,...
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Englewood City Council Agenda
March 17, 2003
Page 3
Recommendation from the Department of Finance and Administrative
Services to adopt a resolution approving a Supplemental Appropriation
for Year-End 2002 to comply with City Charter requirements. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative
Services.
iii. Recommendation from the Utilities Department to approve, by motion,
the construction of two water wells at Mclellan Reservoir. Sta~
recommends awarding the bid to the lowest acceptable bidder, Henkle
Drilling Company, in the amount of $294,246.60. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 22 -Recommendation from the Community
Uevelopment Department to adopt a bill for an ordinance approving the
extension of a Temporary Moratorium on New Residential Construction
in the area bounded by West Evans Avenue on the north, West Vassar
Avenue on the south, South Tejon Street on the east and South Zuni~"""6~-JCI
Street on the west STAFF SOURCE: Tricia Langon, Senior P
b . Ap~rdinances on Second Reading.
c. ~ions and Motions.
i. (Continued from March 3, 2003) Recommendation from the ti?
/l.-l Community Development Department to ta resolution approving~ .
-,r 1 ~ ,/the proposed Development Review ica~,!!' Schedule. STAFF ' -tff/ -wvfl/~J,AnthoJJl~ruc:htl,Plan L'Jc;v_0 ~~
/) "2C, ii. Reco~~/6¢.rtme of Financ/a~=tiv l/vj /
fr ',Z f ? / Services to adopt a resolution approving a Transfer of Funds from th /U/?f'
G(,< 1 -0 General Fund to the Englewood Urban Renewal Authority. STAFF
c, SOURCE: nk G lewicz, Director of Finance and Administrative
Services.
Recom da n from the Department of Finance and Administrative
Services to adopt a resolution approving a Transfer of Funds from the
Capital Projects and Capital Equipment Replacement Funds and a
Reduction of Budgeted Contingency and Community Development
Funds. STAFF SOURCE: Frau Gryglewicz. Director of Finance and
Administrative Semces. // 0~ ~
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Englewood City Cwndl Apnda
March 17, 2003
Page4
iv. Recommendation from the Human Resources Department to approve, by
motio!1,__sponsorship of the Englewood Housing Authority for membership
in the Colorado Intergovernmental Risk S~hrin · IRSA). STAFF
SOURCE: Joan Weber, Benefits/Risk Ma . } 1
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
Adjournment
The following minutes were transmitted to City Council between February 28 and March
13, 2003:
Englewood Housing Authority Regular Meeting of February S, 2003
Englewood Housing Authority Annual Meeting of February S, 2003
Englewood Cultural Arts Convnission meeting of February S, 2003
Englewood Public Library Board meetins of February 11, 2003
Englewood Parade Committee meetlns of February 12, 2003
Englewood Code Enforcement Advisory Committee meetlns of February 19, 2003
Englewood Police Officers Pension Board meetlnp of July 11 and Decernber 13, 2002.
Englewood Firefighters Pension Board meetings of July 11 and December 13, 2002
........... ,.. ..... ....., ..... ...., ....... ~ .......... a,.,._at_, ....
(JI).~, ...................................... ,..
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Call to order f) : lo, _ _...J,lp,m. 1.
2.
3.
Invocation lloJM~
Pledge of Allegiance F+{~{df
4. Roll call
Membefl:
_ __..tl£..,2 _JJpresent
5 . cc ~3 minutes
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