HomeMy WebLinkAbout2003-05-05 (Regular) Meeting Agenda Packet------~------.... · ..
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Regular City Council Meeting
Hay s. 2003
40. 41. 42. 43. 44. 45
47. 48. 49. so. 51. 52. 53
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1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
Replar Sallon
May 5,2003
The regular meeting of the Englewood City Council wu called to order by Mayor Bradshaw at 7:40 p.m.
The invocation was given by Council Member Nabholz.
3. Pledae of Allepaace
The Pledge of Allegiance wu led by Mayor Bradshaw.
4. Roll Call
Present:
Absent:
A quorum wu present.
Council Members Nabholz, M00tt. Orazulis, Woloayn, Yurcbick,
Bradshaw
Council Member Oanett
Mayor Bradshaw said Council Member GarreCl nocifiecl III earlier lhll be -iU.
Also present: City Manaaer Sean
5. Minutes
City Attorney Brouman
Assistant City Manqer Flaherty
City Clerk Ellis
Public lnfonnalion Officer iau-lli
Director Roa. Public Works
Director Black, Parka and Recrealion
Housing Finance Specialist Orimmett. Community Development
Director Olson, Safety Services
Director Kabm, Capital Projec1a
Senior Manaaer Dannemiller. Community Development
Director Fonda. Utilities
Director Gryglewicz, Finance and Administrative Services
Open Space Manager Lee, Parks and Recreation
(1) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO
APPROVE THE MINUTF.S OF THE REGULAR CITY COUNCIL MEETING Of A ... L JI, JIil.
Mayo r Bradshaw a ked 1f there was any discussion or corrections. There wu none.
Vow ntllllts:
Ayes : Council Members Nabbolz. Moon. Wolo&yn. Gruulis, Bradlllaw
Nays : None
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Enpwood City Couadl
May 5,2003
Pagel
Abstain :
Absent :
Motion carried.
6 . Scheduled Vlslton
Council Member Yurchick
Council Member Garrett
(a) Mayor Bradshaw said my friend Melissa Chew, from South Suburban Parks and
Recreation District, Colorado Park and Recreation Association and the National Recreation and Park
Association, is here .
Ms. Chew said thank you for giving me the opportunity to be here tonighL It is my peat pleasure to be
here representing, not only the Colorado Park and Recreation Association, but also the National Recreation
and Park Association . Both of which have honored yow-Mayor, Beverly Bradshaw, for her many
contributions to the community. I would like to take just a moment and read to you the citation I read for
the most recent award she was given, which was at the National Recreation and Park Allocialion Midwest
Regional Conference, which represents seven diffamt lllalel. Beverly w111 nominated for an individual
citation award, which she received. She was competing with individuala nominated from all thole different
states. We are really proud to have her in our community, Ille said, as a local advocate for parks and
recreation. Pursuin1 her passion, Beverly Bradshaw has had a ~ impact oa the quality and
quantity of park and recreation programs and facilities in the IOUlh metropolitan area. In her twenty plus
years of leadership and advocacy for park. trail and open lplCCI development and pracrvation, her
achievements are many and her dedication and enthusiasm unwaverin1. Currcndy, Beverly is adjunct
professor at Arapahoe Community College, Chairperson of the South Suburban Parks Foundation and
Mayor of the City or Enpwood. Her profeuional aa:omplilhmem& are many. J1111 a sample or what she
has accomplilbed as an eipteen year board member and c:urrenl chairpenon of lbc South Suburban Parts
Foundation include: bein1 illllrUmelllal in the llUCCCUful trail deYelopmenl oflbc Mary Carter Greenway,
which is a 14 mile paved trail connectin1 the Chalfield Stare Recreation area to cloWDIDwn Denver alon1
the South Platte River . Additionally, lbe has been influential in the Bia Dry Creek Trail, which, as you
know , wu dedicated this past Salurday, with the briqe dedication. She allo -Ullll'IIIDeDlal in the
Highline Canal Trail, a natural surface trail on a recreational eaNIIICDl parallelina lbc biltoric iniption
channel . As a member or City Council and Mayor or EnaJewood, Beverly has served for many years on
the Park and Recreation Commission and was a foundin1 member of the Malley Senior Recreation Center
Trust Fund Committee . She also served as a Steerina Committee member of "Boalewood for Recreaaion",
assis1in1 in paaing a $13 million recreation facility bond issue in 2001. Bev Bradshaw c:onlinues to be an
advocate for the recreational amenities in the south end of Denver. Reaidenla are the ones who truly benefit
as Bev ·s leadership has improved the overall quality of life this area offen. So, Ms . Chew said, I
congratulate fellow City Council members, staff and citizens for havin1 someone like this involved in yow-
community . She offered Bev Bradshaw conptulations. You are certainly deserving, she said.
Mayo r Bradshaw received a round of applause .
Ms. Chew presented Mayor Bradshaw with the award .
Mayor Bradshaw said thank you very much .
Mayor Bradshaw thanked Jerrell Blac k for the nomination .
Mayor Bradsha w thanked Ms . Chew . I know how busy your days an. she said.
(b) Ma~ Bradshaw said Ron Gold i praent to addreu Council repnli• ulea tall and
other re ,cnue source .
Enpwood City Council
May 5,2003
Pqe3
Mr . Gold said I live and work in Englewood and my address is 2812 South Bannock. As an Englewood
resident and business owner for over 26 years, this budget crisis is of great concern . Every year, my
business spends many thousands of dollars of sales tax to Englewood, which costs us more than the taxes
we collect. However, many other businesses pay little or no tax to Englewood, including used car lots,
check cashing outfits and more. Most pawnshop income is from their 10%, or greater, month ly interest
rates ... over 120% per year ... and none of this goes to Englewood sales taxes. They are using lots of City
services, he said. I notice, very often. Englewood police cars parked in front. Beyond IIOl paying their
way, such busineases can hurt Englewood's image. Used car lots don't pay sales tax and there are over
thirty listed in the recent Englewood phone book . All the other south suburbs combined, have only ten.
City officials have decried low rates of homeownenhip, wanting renters to become homeownen and
encourage young families to move here. Yet, he said, Englewood has far more businesses exploiting the
poor than other communities. Seven check cashing places and nine pawns ... about ooe for every block on
South Broadway. Again. if you look at all the other south suburban communities combined ... which have
:;;;; times the population of Englewood ... there are four such places . Recently, Englewood proposed a head
tax. First, he said, I think Englewood needs to encourage people to work here. If only Englewood has a
head tax, then businesses can simply move el se where . Once, most of the Fortune SOO's largest companies
in America, were based in New York City, then New York City started a city income tax. Now New York
State is fighting Texas IS to who will be second place in the whole country. Just a few years ago, Sears
Roebuck had thousands of employees in their own building, the Sears Tower in downtown Chicago. They
left Chicago for a suburb, once Chicago started having a head tax. We need to encourage employment in
Englewood . Tax policies are a tool that can encourage rational growth and improve a City . My
suggestions to revitalize Englewood are that En&lewood could limit the annual interest rate to no more than
four times the prime rate. The prime rate can be found in any newspaper on the business page . Four times
that rate would be 19'1>. Having these rates based on the prime rate, would make it easy to adjust for
inflation . Currently, a carpenter in Englewood can pawn tools on May 31•, redeem them the next day and
be charted 20% ... 10% per mondl ... for two days of interest. Such exceuive inrerest. could and should be
taxed. The extra expeme pawnahopa CIIIIC for police time to cbeck serial IIUlllbeR, and go to the
pawnshops, should be a charge . It would be easy enough to charae Illes tax on IIICd vdliclea, he uid. A
minimum tax. for businesses that are IIOl already paying sales tax, could be initialed. It would certainly
help the City if these firms start paying their fair share to support Englewood. If they claim they have to
move elsewhere, perhaps it will help the City more ... to have them move and have other busineuea come
into Englewood, which do pay their fair share of taxes. Thank you, he said .
(c) Mayor Bradshaw said our State Legislature is involved in a budaec meeana this evenina,
so no one is available to present the proclamation issued by the Governor declaring the mondl of May IS
Englewood Jubilee II.
Public Information Officer Puncerelli said Representative Jenniler Veiga wu going to try to be here tonight
to present an honorary proclamation signed by Governor Bill Owens. However, they have buaineaa II the
state house and they will be there late . So I am going to go ahead and read the proclamation, ahe said . ~
you know. on January 6"'. Mayor ,Bradshaw and City Council proclaimed the year u EIIJlewood Jubilee II .
No w the Governor has proclaimed the month of May IS the Month of Englewood Jubilee 0. Ms .
Puncerelli read the honorary proclamation in its entirety.
Mayor Bradshaw thanked Ms . Puncerelli .
(d) Greg Diamond . Diwict Director of Conpaswoman Diana De0ette's office WIS
te ntatively scheduled to address Council regardina a Conpasional Tribute in honor of EnaJewood Jubilee
11 . He wa s not present .
7. Umcbeduled Vlllton
There we re no un sc heduled vi sitors .
F.aalewood City Couadl
May 5,2003
Paae4
8. Co11111111Dicatiom, Produatlolll lllld Appolaa-g
(a) A resolution appointing David Sprecacc to the Board of Adjustment and Appeals wu
considered .
COUNCIL MEMBER YURCWCK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (a)-RESOLUTION NO. 41, SERID OF 2003.
RESOLUTION NO. 41, SERIES OF 2003
A RESOLUTION APPOINTING DAVID SPRECACE AS A MEMBER OF THE BOARD OF
ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD.
Votenmlg:
Ayes:
Nays:
Absent:
Motion carried.
Council Mcrnbc:B Nabholz, Moore, Wolosyn. Yun:hick. Gruulia,
Bradshaw
None
Council Member Garrett
Mayor Bradshaw prcacntcd a certificate and City pin to Mr. Sprecacc.
(b) A proclamation honorina the Heroes of the Blizzard of 2003 wu c:onaidcred .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING HEllOBS OF THE BUUAllD OF JIIJ.
Molion carried.
Ayes: Council Memben Nabholz, Moore. Wololyn. Ymchick. Oruulia,
Bradshaw
Nays: None
Absent: Council Member Garrett
Director Ross said the second most powerful winter llOrm in Denver's recorded hillory hit the front ranae
on March 11•. 18* and 1,,.. Before it wu finished. it dropped 36 incbaof mowoa Enpewuod and i.
President of the United Statca declared a anow cmereency for much of Colorado. The bell dli• aboul lhil
storm. he said, was tha1 it showed 1he people of the City of Enpewood, thal ow wort.. are aa their bell
when we pull 1ogcthcr. Parks and Recreation. Utililia and Public Works pooled lbeir reMJUrCea ...t talcMI
and through hard work, perspiration and dedication they cleared the snow, they rcmoWICI the II.a and
branches and they chained up the safety vehicles and made the emergency rcpain that were 1-scd in <N"der
10 keep the equipment on the road .
Mr. Ross said I would like all of the Parks and Recrca1ion people. who removed branches and II.a. which
allowed the strcclS and alleys to be open. to step forward . I would like IO read the Mme of ewryone who
was involved in this effort, he said . Brian Hanley, Charlie A-. Frank Burham. Keir Anufrijcvu. Paul
Simon , Joe Youngren, Toby Lujan, Nate James, Bob Stephenlon. Belay Mcff,s, Tim Parks, Mike Nania.
Na1alic Coenen, Luis Esparza , Wayne Niles and JOlb Mfflker.
Mr . Ross said hc~v y, wet snow blanketed the fronl ranae and IIIM>¥UII die anow ii very llard oa lhD
equipmen1. Without the effort and cncraics of die FINt MailllnllDCC Diviaioa we would DOC hive llad die
chains on the emergency equipment or enough trucks, loaders and aradcn IO pt throup the MOnn. So. he
sai d. al 1his lime I would like our Acct Mainecnance poup to seep bwud and be recopized. They are
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Eaalewood City COUDdl
May 5,2003
Pqe5
John Stcpanich, Mike Stegmaier, John Smaldone, Manin Rossi, Gerald Coll, Tony Eppolito, Gib Andmon,
Dan Sommerville and Scott Edwards.
Director Ross said the Utility people pitched in with equipment and provided skills to help clear the streets
and I would like to read thr.ir names into the record . Manual Atencio, Rob Worek. Chris Puskas, Erick
Giezen, John Koppenhafer, J. T. Spurlock, Albert Guerrero, Tom Chesher and Stan McClung.
Mr . Ross said it is with much pride that I would like to have the Street Maintenance Division slq> forward .
These fifteen guys, in sill days of snow removal, put in 1,530 hours. That means they averaged about 17
hours a day and had about seven hours off a day ... and that is every twenty-four hours. No one miaed a
shift Dell Montgomery and Brad Hagan were the generals in this effort. Through their leadership and
direction they created a systematic approach that allowed an attack on the snow abatement to occur in such
a way that our citizens were the first in the metro area to be able to use the roads. They did a terrific job.
In addition, he said, we have Otto Llchtl, Mike Renner, Ellis Slater, J.C. Coffey, Charles Kauffmann, Cecil
Payne, Craig Siegel, Butch Jerome. Jim Brown, Rudy Dingman, Burton Vance, James Piazza and Gerald
Baumer.
Director Ross said I would like to recognize the directors and managers who made the collective decision
that we were going to s~ in this endea'VOI' in uepina this snow emerpncy from becomina a criais.
They provided leadership and direction in order to provide a tocal team rapome. He asked Stu Fonda,
JCrTCII Black, Dave Lee and Pat White to 11ep forward . In addition to thole fellows, we WIIII to recognize
Bill McCormick, Mitch Riley and Steve Lasley .
Director Ross said I think all of the City owes tbae 1uys a debt of lfllitude for wllal you did and how you
did it. Thank you, he said . They were all pven a round of applause.
Director Black said Mr . Ross hu been sinpn1 the praises of all of the Slaff ... llld ripdy IO. 8111, Km wu
one of the leaden in the effort. he said, llld I think he needs to be aclmowlodged for all the hours that he
put in u well. Mr. Ross wu pven a round of applause.
Mayor Bradshaw presenccd thole in anendance with ceniflCllel.
Mayor Bradshaw said these guys were awaome.
City Manager Sears said he would like to add that he jUII can't say enough about the crews that are heR
and the coordination with Safety Services. The plowina that wu done, allowed our Safety Servicel people
to get to emergency locations . It wu a peat team effort and the whole orga nization is arateful. The
citizens we heard from, for the IIIOII part, had nothiq but praise and tha nk s for the dedication of Slaff. On
behalf of the City Manager 's staff, he said, I jUII want to say thank you for a job we ll done.
Mayor Bradshaw sai d we sort of had a miiCOmmunication one mornin1 and I showed up at your Slaff
meeting. u Gary had forgotten to tell me that we waen't preKll!in1 the awards at 1 :00 a.m. Anyway it is
mcc to see you guys here and I do appreciate everythiq you do and I know our citizens do too. We are
really ~ry luck y. she said. the type of workforce we have in Enpewood. Thank you very much.
(cl A letter from Randall Taylor indicalin1 his raipation from the , lliance for Commen:e
an Engle11,ood wa considered .
COUNCIL MEMIEll YURCHICK MOVED, AND IT WAS SECONDED. TO ACCIPI' TH&
RF.SIG NATION OF RANDALL TA YLOll ntOM THE Au.L\NCI FOil COMMDCS IN
ENGLEWOOD.
Enpwood City Council
May 5,2003
.... 6
Council Member Yurchick said we arc going to miss Randy . He was a good addition to the commincc and
I hate to sec him go, but I understand he has to do what he has to do .
Mayor Bradshaw agreed it is going to be a great loss .
Vote reaults:
Ayes :
Nays :
Absent:
Motion carried .
Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis,
Bradshaw
None
Council Member Garrett
9. Pllblic Heariaa
No public hearing was scheduled before Council .
10. C-t Apada
MAYOR BRADSHAW REMOVm ITEM It (a) (I) FROM THE CONSENT AGENDA.
COUNCIL MEMBER WOLOSYN Movm, AND IT WAS SECONDm, TO APPROVE
CONSENT AGENDA ITEMS 18 (a) (U) ud (Ill), AND It (c) (I).
(a) Approval of Ordinances on Fint Reading
(ii) COUNCll. BILL NO. IS, INTRODUCED BY COUNCIL MEMBER
WOLOSYN
A Bll.L FOR AN ORDINANCE ACCEPTING DEDICATION OF THE RIOIU-OF-WAY FOR PART
OF THE 2100 BLOCK OF CASPIAN, FROM THE REAL PROPERTY AT 2133 WEST WESLEY
AVENUE .
(iii) COUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER
WOLOSYN
A Bill FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT
2133 WEST WESLEY A VENUE PURSUANT TO THE INTEROOVERNMENT AL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE.
(b) Approval o f Ordinances on Second Reading
There were no items submitted for approval on second rcadina .
( c) Resolutions and Motions
(i) RESOLUTION NO . 42, SERIES OF 2003
A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHOIUZING THE CITY OF ENOLEWOOD,
COLORADO. TO ALE AN APPLICATION FOR THE ARAPAHOE COUNTY HOME INVESTMENr
PARTNERSHIPS ACT FUNDS (HOME) TO PROVIDE AJNDS FOR HOUSING REHABllJTATION
FOR INCOME ELJGIBLE PERSONS .
Vote mulls:
Enalewood City Coundl
May5,2003
Pqe7
Ayes:
Nays:
Absent:
Motion carried.
Council Members Nabholz, Moore, Wolosyn, Yim:bick, Oruulis,
Bradshaw
None
Council Member Garrett
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10 (a) (i) Mayor Bradshaw said I know we have the single-family residence at 2133 West
Wesley and we have the opening next week. I lhouaht that Council wu doing this contract with the acbool
u a spec house on our other property, up there on Wesley. Is that Council's recollection? I see some beads
nodding. abe said. As. I recall we wen: going to see if we could build and sell single family homes up
there ... in that area of Eqlewood. It says "on a site yet to be determined" and I understand that. but do we
have another site in case Council decides to sell th<>le properties?
Housing Finance Specialist Grimmett said I am not sure I undenland your question. Do you want to know
if we have another site for next year's program? Mayor Bradshaw said that is right. M1. Orimmeu said we
are workina on that. but the site is not up there in the umc general area. It is in another pan of town and
we are still negotiating with the current owner. But we are workina on that. Mayor Bradshaw said okay. I
didn't want to put you on the spot, but I just wanled to know .
Ms. Grimmett said we are really working towards doina that, but unfonunaiely, beca111e of the moratorium
that is up there, we can't proceed with the development of the real of the sites on Wesley unlit that is
resolved and lifted. So we are looking elsewhere, in order to complete the project for next year.
Mayor Bradshaw said that is aood-So Ibey wanl to work with 111. Ma. Orimmea said yes. Ibey want to
continue workina with us, very much so .
Ms . Grimmett said, hopefully, you will all be there next week for the open hoUlc.
Mayor Bradshaw encouraaed everyone to aaend the open holllC next ..t. It is well wonh ii. she lllid. If
you don't gel to anytbina else, ao to the open house. The pride lhll the ..... show in whll Ibey-~
accomplished in buildina a house is just phenomenal.
Mayor Bradshaw thanked Ms. Grimmett for her time.
Council Member Yurchick said he wanted to ask a question about Wesley. 11 that house at 2133 West
Wesley built so that when the moratorium is over, the lol will be lllbdivided and another AVS house will
be built behind it or will it be sold u one big loi?
Ms . Grimmett advised that , c urrently, when we do sell it , it will be sold'IO cover our '-"Oil and it will be sold
as the whole lot .
Mayor Bradshaw said I think that is what we agreed to.
Mayor Bradshaw thanked Ms. Grimmett.
MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEM 10 (a) (I),
C O U NCIL BILL NO. 29, INTRODUCED BY MAYOR BRADSHAW
Eqlewood City Coundl
May 5,2003 .....
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND TECHNICAL SCHOOL
AND THE CITY OF ENGLEWOOD PERT AININO TO THE BUILDING OF A SINGLE FAMILY
RESIDENCE AT A SITE TO BE DETERMINED.
Vote....tu:
Ayes :
Nays:
Ablent:
Motion carried.
II . Reauiar'A&eada
Council Members Nabbolz, Moore, Wolo&yn, YW"Chick, Gruulis,
Bradshaw
None
Council Member Garrett
(a) Approval of Ordinances on Fint Reading
(i) Director Olson praented a recommendation from the Safety Servicea
Depanment to adopt a bill for an ordinance authorizina lhe purcbue of lhe property It 3629 South Fox
Street. AJ. you know, we are leasing a portion of this buildina ript now. We are alao leuina property in
the 2900 block of South Broadway for our aub-11ation. We feel that by pun:hasina this property we can
C01110lidate a lot of our activities we are doin1 rip DOW and uve lppl'OllimMely $70,000.00 to Geaeral
Fund in leaae costs and actually brina in $20,000.00 in leue paymenb to lhe City . Rick Kahm has lhe
details on this, he said, and we have aone ahead and aiped the initial qreemenu.
Director Kahm said the property on South Fox appniled ll $685,000.00. After ne,odalina wilh lhe
ownen. we reached a purchase price of $650,750.00. For all practical purpmea. typically ~ real
ea1a1c would have had a 1oi. ia1 lllllC l:Olllllliuioa and we j• aplil dllL k -pnay lilllplo. Tlle folu
thal own the buildina ript DOW, lie said. -uuaa •~ of ii ud Safety Servicel 1-a cme-dlinl.
Ultilllllely, this will revene. Ullia.lely, the Hillilll OWlal will COl!li-. lO 111N die lOUIII «-dlinl of
the property, he said, and Safely Servicel will uae two-thinls. In die i.-rim, whicll ii a 60-day period, we
will collect renl from thoM OWlal for lwo-dlirda of die buildiaa and 11111 wiU dluF ll 60 days. ID«--
third. The other thina we lalked aboul artier. prior io ...,cillioM. ia 111111 we llaYC had a vwy fawnllle
reni. a1 $875 .00 a aquare fooi. and the appraiaa1 came back ....... ,.., Illa! -ui wu $950.00. TIie folks.
that are goina to continue IO occupy. will pay lhe $950.00. We would hope lllal lhll,.. ofSl0.520.00 per
year. should pretty much cover the PpCIIIC& of nannint dlia buiJdiaa . So. he said. wbca Safely S.V..
ceases to leaae their third of dill buildina, plul Ille uvinp OIi Broad-y. they should uve aboul
S6 7 .000.00. almost $68,000.00 a year from the General Fund .
Director Olson advised that the Forfcillft Board has already approved the Hpelldillft of Ille funda for lhia
Mayor Bradshaw said thi s is noc a GcncJal Flmd expenditure . Mr . OIIOn uid 111ere-no CleMral Fund
monies involved . It ii all Forfeiture FlllldL
Mayor Bradshaw said thal could be coafuain1 IO people in Ille audaeace . Tllil ii 11111 aeo.at Fund -y.
th " i Forfeiture Fund-y.
Du«sor Kahm iaid the Forfe111n Board. 1n addilioll lO dlt pllKllae price. also appn,YCd •••• • • • I of
all the OOilS usocialed wi1h this ... Ille appraiaa11111d --fillilh -.llliaa CIOlla. n.. ii
absol utel y no GcncJal Fund -y involved. lie uid.
M ll)Of Brilldihaw sud I thank tlus will ter"C • well . sa. llled Dnl:lor Oleoa if lie ......
Enpwood City Council
May 5,2003
Pqe9
Director Olson said that is what we are hoping . Of course, a Jot of it will depend on lhe staff we will have
available . As you know, lhe Impact Team has already moved downstairs. We are going to buy the
building, he said, and use it to the fullest extent that we can. If down the road it becomes necessary to sell
it, we will do that, but this is a good real estate investment right now for us .
Director Olson said that money is sitting in the Forfeiture Fund and at some point we have to use it and we
think this is a very valuable use. Yes, we arc going to use it and we will have people inside the building.
Mayor Bradshaw said it is nice to have this staffed here too. Mr. Olson said yes. the Impact Team will stay
downstairs in this building. Mayor Bradshaw said that is good.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM ti (a) (I) -COUNCIL BILL NO. 32.
COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 SOUTH FOX
STREET IN THE CITY OF ENGLEWOOD FOR POLICE PURPOSES.
Vote ftlllhs:
Mocion carried .
Ayes :
Nays :
Absent:
Council Members Nabholz. Moore, Wolosyn. Yurchick, Grazulis,
Bradshaw
None
Council Member Garrett
(ii) Senior Manager Dannemillcr pracllled a recommendation from the Community
Developmelll Depanme111 approvin1 an Incentive Packqe for Gan Spans. She said I am here IOniahl to
recommend that Council enter into an aa,eement with Gan Sports to provide inccntivea on the aile of 1090
West Hampden. flll' the purpose of ellpanding Gan Sports CorporalC Hcadquarlen to this former Office
Depoe site . Much like the previous aa,eement that Council entered into with Gan Spans in May of 2001,
this agreement will provide an ince111ive packap for pcnonal propeny tuel, 111e IUel on buildin1 and
equiprnelll pun:hua. in year one and ~ of these taxes in yeas two lhroup five. She poillled out that
these are ~I propeny tales and noc real property taxes .•. thinp like computcrl and office equipmenl.
Also. the apeement would recommend IICl()liatins the formalion of a apecial improvement dillrict for lhe
purpose of improvin1 streelJcapa. landscaping and pedestrian amenities around the entrance to lhe lile. u
well as a commercial catalyst grant of up 10 $20.000 .00 to be offered for on-site improvements to Gan .
Two other items included in the agreement, she said, are the offer to apply for 1n111pOr181ion and
improve ment funding to UppOrt a pedestrian bridge , which will connect the Gan aile to die EnsJewood
transit station and an offer to help in negociatin11he acquisition of a parcel. that is adjacent to the 1090
West Hampden facility. w11h COOT and the railroad . We would buically jllll auist in their nepialion
proce . bu1 there is no requirement for the City 10 provide any fundins to complcle that a..-,.-. In
return for 1his package. she said. Gan will brin1 approximately 3.50 full -time jobl. 111111 aven,e salary of
$60,000.00 per year . IO the ite. crea1ing an annual payroll of approxillllllely $21 million. u -11 u
approxima1cly 110 short-lcrm COIIIU\letionjobl durina 1he sill to ni11e mondl mnodelina proceu and an
addi1ional 65 short-term jobs in yean two 1hrou1h five . They will pay all buildins and pennil r-required
for building expansion on the sile. which i estimaled to be approximalely $13,000.00 in yea one and
$168.000.00 in years IWO 1hrough five . They will also provide indirect benefits ID die ~ty dlroup
1he crea1ion of secondary jObs, sales tax revenues from employee purchaaes. u well • provide a well-
respeclCd rommuni1y partner in the Enalewood busineu conununity I would like ID jllll lalk. briefly , Ille
said. about incen1i,es in ,eneral. As we -havin1 IOUp ecOIIOlllic 11-hae within die City. dli
agrcernen1 reache the level of h11h 1cr11 .. ny. bu1 we 11>'0llld hke to say lhlll cunently. on die 111e, we -
dem ina no re, enue . When Gan come 10 the ue . we ""ill not collect all the re-1hal could polellllally
..
• t
• •
Englewood City Coundl
May 5,2003
PqelO
come to the City as a result of their coming here, but we will be collecting more than we arc collecting
now. So the term incentives, sometimes tends 10 be a misnomer, she said, we arc just not collecting the full
amount of money that we could potentially collect on a site .
Mayor Bradshaw thanked Ms. Dannemillcr. That was a good explanation, she said.
Ms . Dannemiller said thank you.
Mayor Bradshaw asked if there were any questions. There were none .
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (ll) -COUNCIL BILL NO. 30.
COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER GRAZULIS
A BILL FOR AN ORDINANCE APPROVING THE INCENTIVE PACKAGE WITH GART SPORTS
TO EXPAND THEIR OFFICES.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
Council Members Nabholz, Moore , Wolosyn , Yurchick, Grazulis,
Bradshaw
None
Council Member Garrett
(b) Approval of Ordinances on Second Reading
There were no items submined for approval on second reading.
(c) Resolutions and Motions
(i) Director Fonda presented a recommendation from the Utilities Department to
adopt a resolution approving construction of a Powdered Activated Carbon System Buildina and an
Ammonia Storage Tank . Some time ago, he said, we went to using chloramines instead of free chlorine in
our system and that requires the addition of ammonia . We did that using small dcliverica of the ammonia
and we also started adl:ling powdered activated carbon at the river, using a trailer that wu set up to add the
carbon. We wanted to do it on this basis, until we saw how well these actually worked . They have worked
very well , he said. The chloramines greatly lower the taste and odors usociatcd with the chlorine and the
combinati on of organics and 1hc powdered aclivated carbon has been very &UCCCll$ful. during periods of low
now. in removing organic s before they get to the Treatment Plant. So. now that we arc sure that this
wo rk s. we want 10 go to permanent . larger. full -scale system s. The ammonia tank would be a 2SOO.gallon
lank and that would all ow us to accept large truck deliveries . h is actually more economical in the long run
10 get 1ha1 , he said , th an 10 continue to get the smaller ones. And we would be building a permanent
appli cati on and storage fa cility ... a building ... for the powdered activated carbon, at the Union Avenue
Pump Station, 10 replace the portable trailer that we have been rentina . It does the aame job, but it wouldn't
do it lo ng term . We have received what we consider aood bids for thi s. It wu more than we anticipated
when we were budgeting. but after we IOI into the full -sc ale project we feel that the price 11 appropriate for
what we finall y asked for . There were some diffic ult construction problems down ai the Union Avenue
Pump Station. So, he said, we would recommend thi s. It is being done on a fas1 track with Carrollo
Engineering and we rec ei ved three bid s 10 build and design . in coordination with the enaineer . We arc
doin g thi s in th is fa shio n, he sa id . so we ca n. hopefull y, get this done as quickly as l)Oli$ible , in the
s ummenime . before the river nows get low .
t
• •
Eqlewood City Council
MayS,2003
Pqell
Mayor Bradshaw ukcd if there were any questions. There were none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) (I) -RE.§OLUTION NO. 43, SERIES OF 2003.
RESOLlITION NO. 43, SERIES OF 2003
A RESOLUTION APPROVING CONSTRUCTION OF THE PAC SYSTEM Bun.DINO AND
STORAGE AREA AND AMMONIA STORAGE TANK FOR THE CHLORAMINES FEED SYSTEM
AT THE ALLEN FILTER PLANT.
Vote re111lt1:
Motion carried.
Ayes:
Nays:
Absent:
Council Members Nabholz. Moore, Woloayn. Yun:llick. 0.--.
Bradshaw
Nooe
Council Member Olma
(ii) Director Oryglewicz pi--.1 a IIIC•• a I Mn 6-..........
Adminislrllive Services Department to adopt a remlulioll Mllhariliat a T,-,. ~ S ICIQAIIID.OD .._ •
Golf Course Enterprise Fund to the General Fund. It ia buically a partial ,.,-lor ISYicea......, ill
the past, he aaid. Council decided, in the put, not to hive die Oolf CGUlw pay lor • I I aliwc Ila
The Golf Course actually conllCted ua, he aaid, to make this paymeaa.
Mayor Bradshaw aaid this ia what I mentioned in Study Seaaion ealier.
Mayor Bradshaw asked if there were any questiona. There -none.
COUNCIL MEMBER NAIHOLZ MOVED. AND IT WAS SBC0NND. TO Aftlll0¥S AGDaA
ITEM 11 (c) (U) -RE.§OLUTION NO. 44, SEIUES OF JIil.
RESOLlITION NO. 44, SERIES OF 2003
A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE GOLF COURSE
ENTERPRISE FUND TO THE GENERAL FUND.
Vote nllllu:
Motion carried .
Ayes :
Nays :
Absent:
Council Memben Nabholz. Moore, Woloayn. Yurdlick. OnlllSia.
Bradshaw
None
Council Member Oamtt
(iii) Director Oryglewicz pracnted a rerommendalioll 6oa die F_.-,
Administrative Services Departmenl IO adopl a,..._ lllllmrialaa a T,-,. ~ StllJIIID.CID IINa •
Public Improvement Fund to the Capital ProjKta Fad. He Mid I.,......._. ia c~·a .........
185, which is a list of projects in the Multi-Y-C .... ,.... TIie fft)fllCtl-ac--,-. _...
for in the Capital Pro,J«U Fund. 11111 die,...._ ha• .... _,.o I .......... _..,
jus1 need 10 l'C made over IO 11111 flllld. .. Mid
Mayor Bradshaw asked if there -• ....,_ n..--
t'.aalewood City Coaacll
May5,lt83
.... 2
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (c:) (W) -RESOLUTION NO. 45, SERIES OF 2003.
RESOLUTION NO. 45, SERIES OF 2003
A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE PUBLIC IMPROVEMENT
AJND TO THE CAPITAL PROJECTS FUND .
Vote..-lts:
Motion carried.
Ayes:
Nays :
Absent :
Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis,
Bradshaw
None
Council Member Garrett
(iv) Director Ross presented a recommendation from the Department of Public
Works to approve, by motion, a construction contract in the amount ofS102,971.00 with Hallmark. Inc . for
the West Union Avenue Bridge Repair Project . Staff has reviewed the qualifications of this low bidder and
we find everything acceptable. We, as a City, have invested a lot of money into our bridges. They cost a
lot, he said, and if you make timely maintenance and repairs you can prolong the life of theae bridges and
prevent major deterioration . On this particular bridge, he noted, there is a lot of truck traffic and we are
experiencing some deterioration due to the way the drainage is running off the bridge and deteriorating the
edges . The deck needs to be sealed and we need to repair the cracks. Also, we had a drunk driver run
through the guardrail and we need to repair that. It just needs to be done, he said, so we would ask that you
approve this contract so that we can do this .
Mayor Bradshaw asked if there were any questions.
Council Member Yurchick said I just have a quick question. On the Bid Proposal Tabulation sheet it says
"revised after unit price corrected on bid proposal." What does that mean?
Director Ross said, basically, there was an error in their bid. When we looked at the written total it didn't
match the numerical total and so we had to correct that. So it was just a clerical error.
Council Member Moore said I just have a quick question. ls the wear and tear of lhia bridge attributable to
the trash facility there? Director Ross said yes. because of all that traffic and some of it is just because of
the way that bridge was buill, drainage wise . The drainage is coming off the bridge, running under and
unraveling the edge and we are going to correct that situation. You can't really attribute that problem to the
truck traffic, he said . And the guardrail doesn't currently meet American Association of State Highway
and Transportation Official s Standards. Since we are spending so much money on this bridge, we wanted
to bring it up to those standards. In addition to that , because of the close proximity to the ball fields and all
the federal green railing and all that other stuff, this railing will be federal green as well, so we kind of tic
the two together .
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT WITH HALLMARK, INC. FOR THE WF.ST UNION AVENUE BRIDGE REPAIR
PROJECT.
Ayes :
Nay s:
Absent:
Moti on carried .
Council Members Nabholz , Moore , Wolosyn, Yurchick, Grazulis ,
Bradshaw
None
Council Member Garrett
• •
Eaalewood City Couadl
May 5,2003
Pqe13
12. General Dllcullioa
(a) Mayor's Choice
(i) Mayor Bnidahaw said I ~ cilmm tcllllina III noeea. however. I would
ralher have lhem 1i1n &hem . I know lhal we are lryina 10 remedy die paki• iaua and I dlinlt ii 1w
improved down undemcadl. bul lhere is a cotnplaiM all(JUI die lack of l*kiaa for die Lilnry bec8IM of
Baily's. I lhink lhal lhe Ii ... hive mitipled IIOIM of lhlll •• said. bul we prol,al,ly need IO c:heck wilh lhe
Library or check wilh Hank Lona.
(ii) Mayor Bnidahaw said in your pac ... we 111111 ...._.. on Feed Americ:a. Do
we wane 10 wuc a proclamation for lhlll? b lhlll ya or no~ It is a,-. Ille uid.
Mayor Bradahaw ubd about a proc:'-ion rec:civcd from die Mello Mayor's C-reprdina Home
Ownenhip Mondi . b lhia one okay? Council COIICUffed.
(iii) Mayor Bradsllaw said I have -pic1wa from die bridte dedic:Mion on
Saturday. It we111 very well and lllae -a lO(Jd tum'*· ne llridp. down on Union A-. is
paeoua, it is tnaly a pi«e of ... I ca't thank Gary tfullblrs--.... SIie aabd Jerrell Black 10 !hank
Mr . Hultbera. He wu incredtble. All in all. she said, I think we 111111 '°° people. SIie med Directof Black
10 !hank his 11aff for all !heir help.
(iv) Mayor Bndallaw aabd if we ..... IO~ die lllililiea by dte waler
pat. B«-. she !lald. it looks «-y.
Dinlnor "--said Ktllally we~ allNdy _.._ E-i _.•will I •owl W. Soudl
~ lluilt die bell flalda. we,.. .. lllililia a ,-.t • • ..._ _. an..t die won
Bellnww. We WIii peck up al dial poi.-Md we will~ dowa to Bit Dry Crwk. II is too l:Ollly
to ao under 811 Dry Creek. lie 181d. 10 we wil 111,p • .. poia ... • llavc ... ,,. -, available for
lllal and IO Iha& is already beilll K-...W..
(v) Mayor Bradallaw MNL apill.1-IO.._ DirKtor Black for dte lllllllillllion.
And please tell Gary lhuk )OIL T1len -I lot people wllo do a loc of work on ,-ks and rec:n:alion. she
said, but thank you for lhe l'eCOIMioft.
(b) COU11L'1I Memllers' Clloece
(I) Cowie ii Member Nallllob ·
I s:.id IN: IIC .,... off of Din-ii -.,.. IO ae-.i boll Works . Sc.. of dtem are
empty . -are llff)lftl mer rock_..._ ofthnl .. carJYIIII din. ne,-lllina Delaware Friday
ana wday I cWn'1 -ay of thea arryi• dut .,.. dowa o.1a-. 8111. Ille said, I received 1wo
al ~) lllal said lhey -I-· from Dlnaioulll to Elab. WG din, at lhe 1arp1 were 1101 pulled
,er lhe wur 1ulldy 11 ,._..,..._people-. a liale ...,... So. lhe said. -need 10
h 11>1Ch lliem 111d filld OIII wllal dley-......
• •
Enalewood City Coundl
May 5,2003
Pa1e 14
(ii) Council t.1embcr Moore said tonight Mr. Gold broupt up ill&IC!I with used car
lots . I just wanted a reminder of where we arc in the process . As a Council we have talked about dealing
with that issue . Is that part of the UDC review'/
City Manager Scars said as I understand it is part of the UDC.
Senior Manager Danncmiller said actually it i1 Ill)( part of the UDC . However , we are underaoin1 a study
now to analyze the under utilized propeniel on Broadway and to dccermine how to ~ with a
recommendation for action . We are havin1 meetinp with property ownen on Broadway next week, to
gather their input and we'll be back to Council tbi1 summer with a comw of action.
(iii) Council Member Grazulil offered Mayor Bradshaw conaratulalion& on her
award.
(iv) Council Member Yurchick said I wanied to request approval to attend CML
apin this year.
Mayor Bradshaw noted 1h11 Mr. Yllldlick had handed OUl the memo with hill """"lliCS,
Council Member Oruul11 IIIICI I will IIDI be aaendina die CML Conference and since I am the voting
member for CML I wuh eo pvc dial po_ to Council Member YW'Chick .
Mayor Bradshaw Said you will need to lake care of that houaekeepin1 issue .
Mayor Bradallaw lad c-11 hu Mr . Yurc:hick's expe111C1 that he palled out at Study Session. so we
need•-
COUNCIL MDINa WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
MICHAEL YUllCIIICK'S EXnNSa Of ffll_.. TO ATTEND THE CML CONFERENCE IN
PlJDLO IN JUNE.
A,a: c.ouncil Members Nabholz, Moore. Wolosyn, Orazulis, Bradshaw
Naya: ~
Ablwn: Council Member YW'Chick
Ablenl : c.ouncil Member Garrett
MocKlll earned
M Cou'!'=il Member Wolosyn :
She id on Saturday I attended the DRCOG Annual Retreat and my can perked up a few times
"'hen I heard our name mentioned. Bw , in the midst of what is becomin1 sort of a familiar discussion of
w to mal.e DR 0G nue efficient. Enpewood came up several times u an example of how to convince
people dial the rontept of an urban center, and also the idea of density, aren 't horrific words . They said
that JIii! by u1111n1 and bein1 successful we are becoming the example that helps chanae peoples minds .
• , IO all of )'OU who helped create this , she said, I think that is a aood thin1 .
2. She IIIICI ltil week I pve Director Gryalewicz the list from Mr . Gold about his ideas . I know you
are bl8' • bul 1f I could have a response , just so I can respond to him.
,._,1 Member Gruuhs said I would also like to i;ee that .
l he wd tomorro w afternoon Amy Doe and I will be at MOA icin1 cake& for cenlerpiecea. If
:an une would hke 10 come around at about I :30 or 2:00 to help us , she said, that would be peat. We have
i., ICe 16 cardboard cakes with latex ca ulking .
• •
7
, I
..
Enalewood City Council
May 5,2003
Page 15
13 . City Ma11111er'1 Report
(a) City Manager Scars said we will turn Council Member Wolosyn's request of Director
Gryglewicz into a short-term request and we will get back to you.
(b) City Manager Scars said there has also been a question about Little Dry Creek and what
is going on with Little Dry Creek. He asked Dave Lee to respond to that .
Open Space Manager Lee said what we are doing down on Little Dry Creek is a continuation of what we
did last year along Big Dry Creek in Belleview Park and along Little Dry Creek, in a section further east.
And, he said, that is in conjunction with Urban Flood and Drainage. They went through and did some
sediment remediation, he said. They removed a lot of sediment last year, making Belleview Park a lot safer
along the Creek and also improved the flood control on Little Dry Creek. So this is just a continuation of
the sediment removal, down where Hampden crosses underneath there, and over towards Broadway. We
had applied again for funding for that last fall, he said, and did receive that award.
Mayor Bradshaw questioned the cost to the City. Mr. Lee said it is paid 100% by Urban Flood and
Drainage. The only thing I have agreed to do out of that is the reseeding of that whole project. Which is
the same as we had done last year, he said.
City Manager Sears asked if it will deepen the channel there, by doing this. Mr. Lee said it will deepen the
channel.
Mr. Lee explained that, basically, what has happened over 20 years or so is that with sedimentation and
flooding coming through there, the sediments build up at least two to two and a half feet in those areas.
Over in Belleview Park ii was three and four feet. This widens out that channel and gives more water a
chance to flow down through there a lot more rapidly and, hopefully, will help with our wk of maintaining
that bike path along there. Hopefully, there will be a little less debris caught in those areas.
(c) City Manager Scars said we had some complaints over the weekend about some dirt
removal at the new aquatics site on Belleview. He asked Jerrell Black to talk about that .
Director Black said this morning I received a call from a gentleman who lives near Belleview Part. He
was concerned that last night there were trucks hauling dirt from the aquatics center site. Rick Kahm and
his staff contracted with T-Rex to haul dirt out to the T-Rex site, he said. and what that does is we sell the
dirt lo them and ii saves us from paying to have ii hauled off. I think the savings is in the area of about
$50,000.00. Dave Henderson did speak with the gentleman this afternoon and let him know that we are
going 10 do several things. We are going to make sure that all the trucks exit the ; t side down to Santa
Fe and they do not go east 10 Broadway. Also, they have a dozer and a loader on the si e and we have
asked the people, working with T-Rex, not to use the dozer at night ... we have asked that they only use the
front-end loader. We are also going 10 make sure, he said, that the lights they are using at night don't shine
towards the neighborhood and they are going lo talk to their staff about doing everything they
can ... because with the equipment, part of the problem is when they back up there is the beeping. But that
is an OSHA requirement and there wns no discussion on that. It is my understanding that when Mr.
Henderson talked to the gentleman, the gentleman certainly undentood, but he wu just one of several who
had opposed the water park from day one and he was just concerned about everything that is aoing on
there . But, Mr . Black said, I think he accepted what was pused on to him . The other thing is that this
really is only for seven nights. There will be three nights that we will move dirt, there will be several
nights that we won't and then there will be four more nipts where ii will be moved lo a differem lite al T-
Rex . Part of the problem is that there is no place to store the dirt . So they are havin1 to move the din, from
the site, straight to the T-Rex project over there . We think this is a minimal impact. he said , but ii certainly
..
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Eaalewood City Coaadl
MayS,2003
Papl6
is an impact and we can understand the concerns there. But we think with the savings and the measures we
are going to take to mitigate the impact on the neighborhood it is worth the effort.
Mayor Bradshaw asked if there were any other questions for Director Black. There were none .
•••••
Council Member Grazulis said they had lo postpone lhe Chamber's awards for the Englewood School's
outstanding youth and they have rescheduled ii for this Thursday between 11 :00 and I :30 over at the AVS
building.
• ••••
Council Bill No. 31, an emergency ordinance prohibiting the open carrying of firearms in certain public
IJ'CU WU c:onsidcred.
Council Member Yun:hick said he had a question. Why wasn't the Golf Course and the Platte River Trail
included?
Mayor Bradshaw said it is, ii is lhe Mary Caner Trail. Mr. Yun:hick asked if that is the whole Platte River
Trail. Mayor Bradshaw said yes.
City Attorney Brotzman said the Golf Course wasn't included because ii is not in our jurisdiction. It is in
Sheridan.
[Clerk's note: Council Bill No. 31 was liSled as item 12 (b) (i) on the Agenda.)
COUNCIL MEMBER WOLOSYN MOVm, AND IT WAS SECONDED, TO APPROVE
COUNCIL BILL NO. 31.
COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODE
2000 BY ADDING A NEW SECTION 6 TO CHAPTER 6C, ENTITLED "PROHIBmON ON THE
OPEN CARRYING OF FIREARMS" AND DECLARING AN EMERGENCY.
Mayor Bradshaw said we are passing this as an emergency ordinance because we wam ii IO take effect as
soon as possible and it will save us 30 days .
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
14 . City Attorney's Report
Council Members Moon:, Wolosyn, Yun:hick, Grazulis, Bradshaw
Council Member Nabholz
Council Member Omen
(a) City Attorney Brotzman said I have a request for a motion to approve die lddement
proposal that was presented 10 you at Study Seuion on the Bradley lawsuit for $312,SOO.OO .
COUNCIL MEMBER WOLOSYN MOVm, AND IT WAS SECONDED, TO APPllOVE 111E
PROPOSED SETTLEMENT OF fflE BRADLEY LAWSUIT,
Ayes : Council Members Nabholz. Moore. Woloayn, Yun:hick. Onzulil.
Bradshaw
F.aalewood City Coudl
May5,2G03
Pa,el7
Nays :
Absent:
Motion carried.
None
Council Member Garrett
• ••••
Mayor Bradshaw Aid I gave you the information liven to me by Mr. Gold. He pve me a copy too, she
Aid. Mr. Brotzman Aid he would be workina with Prank Gryglewicz.
Mayor Bradshaw Aid if you would work with Director 0ryalewic:z on that, tbal would help, ~ lhclle
people do pay tua and I don't think be undcntanda that. Thole people are payina their portion. AIIO, she
said, if we aet the Utilization Study about what ia the biahat and bat me of our land in Enpwood, tbal
will help UI make better deciaiona.
Council Member Yun:bick Aid I j1111 find it inlerealina that bia bigea complaint -apimt bia bigea
compecitor. Mayor Bradshaw Aid I thoupt that wu illlaalina alao.
15. A......._
HAW MOVED TO ADJOURN. The meeting adjourned at 8:40 p.m .
. ~ 7/4·
1.
2.
3.
4 .
5 .
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, MAY S, 2003
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, co 80110
Call to order. '7: t/o ~
Invocation. /)~
Pledge of Allegiance. ~
RollCall. ~~ /~0~
Minutes.
( UHJ) S-_ O -/ a. Minutes from the Regular City Council Meeting of April 21, 2003. /lJ .J..A ~ ,,. -,r~ (A-67.IA.JJ)·. YU/VIit~) -.....-,--~
6. Scheduled Visitors. (Prtase limit your presentation to ten minutes.)
a.
b.
C.
d.
Melissa Chew, from the National Recreation and Part< Association, will be present to
honor Mayor Bradshaw with the NRPA Midwest Individual Citation Award.
Ron Gold will be present to address City Council regarding sales tax and other ~evenue
sources.
A F@flFllillAle.,,/~ti'.1.at~~f~ wilt presen~ Council with a
proclamation issued by the Governor declaring the Month of May, 2003 as the Month
of Englewood Jubilee II. (,1UffA'HV'!)
Greg Diamond, District Director woman Diana DeGette's Office will be
present to addr ncil regarding a Congressional Tribute in honor of
Engle i ee II. (TENTATIVE)
7. Unscheduled Visitors. (Please limit your presentation to five minutes.)
fr
Plwe IIOle: lfyo11 ..... ......, ..... ...a.,y ..... --., ..... ..., .. Cllf .. I ~I, ...
(lll-7'2-2415)• ........... -..m ........................... ,...
t
• •
Englewood City Council Agenda
May 5, 2003
Page2
8. Communications, Proclamations, and Appointments. ~~ ~ -olotloo appomtiog D~;d Sf,recace to lhe B~,d ol Adjumneot ~d ~
fJffl ~ J>o A proclamation honoring the Heroes of the Blizzard of 2003. /)~ o · -. --
IYA,~ 1_ c. A letter from
1
R_t;t~jt;hi~dicating his resignation from the Alliance for Commerce
~,--·· II' -0 in Englewoodl/. _ -----...--
9. Pub'Fg. (None scheduled) .
10. Consent Agenda. A11rYOI<. &RAIJJ/IAJU/(/AbW-/J /()"' rl!OM 'INt-t!OPiS/Jr ~
fdJhJJ t,-o /AHl~Mi1M.ltr~,1tJt: ~,LIA~~ IH6~Jo"';; ii/,;...el -V-r' a. -• -APVova1'oT"6rdinance7~ Ars'flreadioi"" . (J'..__ ___. '
b.
C.
i.
ii.
<;oyncjl BjH No, 22, • Recommendation from the Community Development
Department to adopt a bill for an ordinance approving an Intergovernmental
Agreement with Arapahoe Community College/AVS Career and Technical
School for the school year 2003/2004 to build one single-family residence in
Englewood. STAFF SOURCE: Janet Grimmett, Houling Finance~
Council em No. 18 • Recommendation from the Community Development
Department to adopt a bill for an ordinance accepting a 25 foot easement and
right of way for the proposed West Caspian Place. STAFF SOURCE: Janel
Grimmett, Housing Finance Spedallst. .
iii. Council Bill No. 19 • Recommendation from the Convnunlty Development
lleparbnent to adopt a bill for an ordinance authorizing the sale of the property
at 2133 W. Wesley Avenue. STAFF SOURCE: Janet Grimmett, Housing
finance Specialist.
Approval of Ordinances on Second Reading.
Reso~ and Motions.
Recommendation from the Community Development Department to adopt a
resolution approving an application for grant funding through the Arapahoe
County HOME Investment Partnerships Act STAFF SOUICE: Janel Grimmett,
Housing Finance Specialist.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 32 • Recommendation from the Safety Services Department to
adopt a bill for an ordinance authorizing the purchase of the property at 3629
South Fox Street STAFF SOURCES: On Ohon, Director ol Safety Serwica
and 1kt ICahm, Capital PN,fectl DINctor-lA)/)U)S'/ A)
Pleae notr. Hyau ._. • ......, ... ,, • ....., .... ~ ........... CIIJ .. k .. at ..
(303-7'2·2-)II._. ................................. ,...
• •
~ En~ 0ty Council Agenda
Mays, 2003
Page3
'"~-0 ii.
Lauri DannemUler, Senior Manager. ·
Council Bill No. 30 • Recommendation from the Community Development
Department approving an Incentive~ Pfor Gart Sports. STAFF SOURCE:
b. App~ of Ordinances on Second Readin
C. Resolutions and Motions.
/J, construction of a Powdered Activated Carbon System Building and an "';,1~~ ... ,/
~
i. Recommendation from the Utilities Department to adopt a resolution approving
~ Storage Tank. STAFF SOUia: Stewart H. Fonda, Director of Utlltles. vv~
ii. Recommendation from the Department of Anance and Administrative Services
{). • • d, I
I
I to adopt a resolution authorizing a Transfer of Funds from the Golf Course ~.,.,lh,,/., Jnterprise Fund to the General Fund. STAFF SOUi~ ~p~
"ff'" VVDlredor of finance and Adminlltratlve Servlc:el. / '~
/J. iii . Recommendation from the Department of Finance and Administrative Services
/~~ to adopt a resolution authorizing a Transfer of Funds from the Public tl.tHJ/ ~provement Fund to the Capital Projects Fund. STAFF SOUl<Jc Frank · rr c.ryglewk:z, Director o1 Finance and Adm1n111ra11ve Servk:es. / J~
iv. Recommendation from the Department of Public Works to approve, by.!!!2!!2!J,
a contract for the West Union Avenue Bridge Repair Project Staff recommends fhv/ ~ -0 awarding the contract to the lo~~~ Inc. STAFF SOURCE: Ken -rr"' loa, D't,ect«af PublcWorb. (/-r-r,_--
1 2. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
~ 5-/ i. Council BID No, 31, an emerg~ ~~":1::-.e ~biting the open carrying of
V-fiJA-Y : f,.//f/!,l,t,£.Z.) firearms in certain public areas. VII~
/ APP'D 5-0-1 WOL08VN llolOYED TO APPA011E MICHAEL YUACHICK
13. City Manager's Report [ABSTAIN:YUACHICK} OFl781 .MTOATTENDTHECULCONFERENCE IN ~~-
14. City Attorney's Report
APP'O e-0
Adjournment<j;c/() r WOl08YN llolOYED TO APPROVE THE PAOP08ED SETTl.EMENT
OF THE IIAADLEY LAW8UIT.
The fo ll owing m inutes were transmitted to City Council between April 18 and~ 1, 2003 :
• En glewood Housing Authority meeting of Feblwry 26, 2003
PleAM note: If yw llllwe • ......, ..... ..a.y ....................... aa,.,, -...
(303-7'2•2,tOS)II ................................... 111111111,a
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Session
April 21, 2003
1. Call to Order
The regulur meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :35 p.m.
2. Invocation
The invocation was given by Council Member Nabholz .
3. Pled&e or Allqlance
The Pledge of Allegiance was led by Mayor Bradshaw.
4. RollCaU
Present:
Absent :
A quorum was present.
Also present:
5 . Minutes
Council Members Nabholz, Moore, Gra.zulis, Garrett, Wolosyn.
Bradshaw
Council Member Yurchick
City Manager Sears
City Attorney Brotzman
Assistant City Manager Rahcrty
City Clerk Ellis
Director Ingle, Information Tcchnol<>&y
Senior Planner Langon. Community Development
Director Olson. Safety Services
Director Fonda, Utilities
Director Kahm, Capital Projects
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 7, 2'83.
Mayor Brad haw asked ,f there wa. any discussion. There was none .
\I ote reulls:
:-.l l)tion earned.
Ayes:
ays :
Ab~nt :
<, Scheduled \'lsltors
There ,,ere oo ;cheJuled 1, ,tors
Council Members Nabholz. Moore. Garrett. Wo~yn. Gtuulis,
Bradshaw
None
Coundl Member Yurch1ck
•
Englewood City Council
April 21, 2003
Page 2
7. Unscheduled Visitors
There were no unscheduled visilors.
8. Communications, Proclamalions and Appointments
(a) A proclama1ion declaring April as Fair Housing Month was considered.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING APRIL AS FAIR HOUSING MONTH.
Motion carried.
Ayes: Council Members Nabholz. Moore. Garrett, Wolosyn. Grazulis,
Bradshaw
Nays : None
Absent: Council Member Yurchick
(b) A proclamation recognizing Arbor Day was considered.
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION RECOGNIZING ARBOR DAY.
Ayes: Council Members Nabholz, Moore. Garrett. Wolosyn, Grazulis,
Bradshaw
Nays: None
Absent: Council Member Yurchick
Mo1ion carried.
{c) A proclamalion honoring Project (BIS Team members was considered.
D1rec1or Ingle said thal normally it would be very hard 10 get nine very humble staff members in here on a
Council night. but most of 1hesc folks arc actually working ri1h1 now. on the very project that they arc
going 10 be honored for, and I think that really speaks to the dedication !hat this team has had. The
proclamation before Council 1s a proclamation recognizing the tremendous effons of the eleven people that
are listed . Many, many other people have contributed to this project in 1>11, and maybe more moderate
\\ays. bu11hi s has really been an exceptional ream effon. It has not been my experience, in fact, that
differenr depanrncnrs get along as well . It is very unusual. I think. for !hat to occur in some orpniutions.
I 1hmk it peaks to the collaborative nature of this organizauon. he said. We have done a lot of comparison
o,er 1he term of thi s project t.o other ini1iatives. 1alk1ng about capital costs and ditTercnt thin1s, but I think
1he one most telling part of thi s projec1 that 's unique, is that most organizations takin1 on such a bi& effon,
hire: a huge number of backfill Maff to allow the 1e:1m members to do their utmost on the project so that the
r.:gular \\Ork gets done. We did not hire a Slnl!le outside person to come in ... thcse folks did their normal
\\llrl on add,uun 10 undcnalmg tho, hu ge effort. I cs11ma1cd, among these people, that at lc:ist five 10 1x
1housand hours of add111onal worl \\enl ,mo 1h1s proJCCI beyond the normal .W-hour work week . And. he
noted. that ,.,11 continue. becau,e. not only arc we li,e ngh1 now but as with normal system
1mple men1.111ons. there 1s a lot of line tuning that goe, o n This I go1n1110 10 on for quote a "hale. so we
really apprec iate that Council ,s 1along the umc 10 :ad.no "' lcd1e the 1ncred1ble efforts of this very dedicated
group. Thank you. he a,d.
CO NCIL MEMBER WOLO \'N MOVED.AND ITWASSECONDED, TOAPPRO\'EA
PROCLAM TION HONORING PROJECT IBIS TEAM MEMBERS.
,\)e, Cl>un.:,I Members , abholz. Moore. Garrett. Woto.yn. Gruuh .
Br.uhh;a"
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Englewood City Council
April 21, 2003
Page3
Absent :
Motion carried.
Council Member Yurchick
Mayor Bradshaw asked the following people to come forward and be recognized. She thanked each one
and offered appreciation for everything they have done. She presented each person with a certificate.
Andrea Aragon
Kerry Bush
Steve Dazzio
Kim Finley
Kathy Kassy
Karen Leadens
James Parker
Elizabeth Wenegieme
Carol Wescoat
(Clerk's note: Tony Edwards and Jennifer Nolan were recognized in the proclamation. but they were not
present .I
(d) An e-mail from fanet Berens indicating her resignation from Keep Englewood Beautiful
was considered.
Council Member Nabholz said this woman has done so much durin& her ycan of KFVing on Keep
Englewood Beautiful. As she put in her lcttcr ... from &Citing plants. flower and vegetable ieeds. lO
adopting a bus stop in front of her 11<,use. She was always there and she overcame some serious difficulties
and obstacles in our Community R vm with her hearing problems. We had to work on this, Ms . Nabholz
said, but I don't think it ever was suitable. as she stated 1n her letter. So I think it is somethin& we need to
take a look at for future members that possibly have hearing difficulties. We need 10 make sure that when
we put someone on a board or commission that we have a room where they can hear. She was an absolwc
asset to this Commission.
Mayor Bradshaw agreed.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCIPT WITH
REGRET THE RESIGNATION OF JANET BERENS FROM KEEP ENGLEWOOD BEAUTlnJL
Ayes: Council Members Nabholz. MOOf'C. Garren. Wolosyn. Oruulis.
Bradshaw
None
Council Member Yun:hick
Nays :
Absent :
Mouon carried .
9. Public Hcariaa
(a) Mayor Bradshaw advi.ed that this Pubhc Hearin& 1s bc1n1 held 10 &athcr input on
Cou n.:11 8111 o. 10. pertaining to inoperable ,-chicle .
COUNC IL ME.\IBER GRAZULIS MO\'ED, AND IT WAS SECONDED, TO OPEN THE PUBLIC
HEARING TO GATHER INPUT ON COUNCIL BILL NO. 11. 1'£1lTAINING TO IN01'£1lABLE
VEHICLES.
ye;,. Council Meml,c:n Nabholz. Moore. Ciaffctt. Wololyn. G,uuhs.
Br:adsha,.
U) ' one
b.cm. Cuun.:11 Member Yun:hick
Muuon ..:amcJ and the Publu.: Hearing opened
\IJ)or BrJd,h.1" prc,c ntcd 10 the C n~ Clert... Proot'ot'Publicauon that no11ce of1hc public hc:inna ,. ...
pubh hed 1n the EnilC\\ood Her.1ld o n M,m:h 7. ~00
Englewood City Council
April 21, 2003
Page4
City Attorney Bro1zman said the Code Enforcement s1aff originally iodica1ed a problem with the Code
regarding derelict vehicles and hobby vehicles. That matter was forwarded to the Code Enforcement
Advisory Committee who recommended to Ci1y Counc1l 10 leave the Code as it is. The matter then
proceeded to Council. Council felt otherwise and wanted the issues addressed ... as inoperable vehicles
rather than as derelict and hobby. That mauer was sent back to the Code Enforcement Advisory
Commiuee. he said, and I worked wi1h them on a draft of the Ordinance. They gr~ciously helped me
through the ordinance process, working to try to make the legalese practical as much as we could. That
matter was 1hen forwarded back 10 City Council to a Study Session, again with the rccummendation to
leave the Code as it currently stands. This mauer was then read on first reading and it is now before
Council on Public Hearing.
Mayor Bradshaw noted that Council would not be making a decision this evening. This hearing is for
public inpul.
All witnesses were duly sworn.
Don Roth. 2830 South Sherman Street. said my first reaction when I n:ad this ... [ have to admit...was who
on Council sells fences? This Ordinance is going to encourage more privacy fences. I have been down
plenty of alleys doing liner surveys for Keep Englewood Beautiful. If you huve ever been down an alley
where there are nothing but solid priv.icy fenc.es. all the way down lhe alley. it is actually quite startling.
This ordinance would encourage that. Then I thought that maybe Council doesn't understand the thinking
of people who have those vehicles. Person;tlly. I have two vehicles that ... like my dogs ... they have no
license. They never jump the fence. they don't bark at the neighbors, they have never attacked the
mailman. and they sit quietly. One of them is a true classic vehicle. I bought it when I was 19 years old. I
drove it for quite a few years and eventually it goc to the point where it needed fairly expenaive repairs. but
by that time, I was married with children. So with ocher priorities. it goc parked . It is Slill parked as I am
paying for college. but, hopefully. in a l-ouple of years when that is done. I will be able 10 afford to brina it
back out and stan working on it again. I have another vehicle that I inherited from my father when he
passed away. I really didn't ha, a particular use for it al the time. but I fell obliptcd bel:alllC he l'ell
trongly about it . I thought that perhaps I should hang on to it. As it turned out, it was an advan1aae for my
mo1her . We put it at her house. She pays for comprehensive insurance. II costs her S30.00 a year or
so me1hing like that and II gives her a multi-car discount. which reduces her car msurance by over S:?00.00 a
year. He pom1ed out 1hu1 S200 .00 to a person on a fixed income is not small chance. Like I said. I thank 11
,s eocouragmg the wrong things. We lool,.ed at this during my tenure on Code Enfon:crnent ... we kded at
1h1> issue a number uf time, and as you noted. Code Enforcement still agrees that the cWTelll ordinance 1s
pericc 1ly adequate. as,ummg it •• enforced. And therein lies part of the problem. The current ordinance 1
001 being .:nforced. I'm 001,ure how a murc trin11en1 one I going to solve the problem. I'm not blam,n&
Code Enforcemem for thi s . I h.i ve a neighbor "ho ha; three car under co,er in his yard. lie hob been to
.:nur1 and he 1111 ha s lhrce c ar under co,cr in h1 yard. He has a couple of trucks that ob•tOUSly :arcn ·,
h,cm,ed a nd 1hey are s 111l s 1t11ng there too So the 1nab1hty to enforce the CWTent one doesn't reall) bode
"e ll fo r a new. more s 1nngent o ne . I JU>! c an '1 quite see the lo1ac in 11. he said. The current ordinance says
yo u can u ni ) 1.eep o ne vehicle. I thin!,. that I reasonable. It has to be on an 1mper,·iuus surf.Ice. Well . that
l.e e p, the \\Ceds fr o m gro\\mg up around 11 . so that mal,.e s sense. It has to be coven:d. I ne,er qwte
und erstood 1ha1 o ne . but I'm gue»mg that probably "a part o f the onginal ordinance . bcca~ 11 re;all y
d oesn't ac..:o mpli,h an)thmg . If ~ou dmc do"n my .ille). there 1s w le~t a dozen cars that are hcenoed.
p,1 rked up .ind d o " n 1hc alle). m their dme"'a) and 1he .treeb are covered 11,uh ,ehacle,. so I'm not qume
,urc "hat CO \'Cnng these , chides .ic comphshes. All mall. he said. I thank the cWTent ordinance addrnse
!he l!.\Ue S. If !hey \\CrC 10 be e nf,m:cd.
~l a~or B rad ,ha" 1hanl.ed ~Ir. Ro th.
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Englewood City Council
April 21, 2003
PageS
Don Seymour, 4750 South Lipan, said the tree huggcrs and the environmentalists got on me last time
because I talked so long that I used up so much paper when you reprinted the minutes, so if you all read it,
you already know where I stand on this. I have three points, I guess. and two of them tic together. Or four
points. First off, you are bringing out the Libertarian in me. It's my property; let me do what I want. I
have been in this house for over 30 years and have been in the neighborhood for over 40 years. I
understand cars that look like a junk heap ... with many different colors of paint and tlat tires. I understand
that. But you call this ordinance inoperable vehicles? My vehicle. that I have tarped, has less than 500
miles on the engine. It is very operable. All the tires arc up and it is the same color all over. the whole bit.
I collect cars. what can I say. Now there are those probably here tonight. that think that doesn't fit under
residence. Well. residence is where you live and it 's where you do what you do. It is where you do your
hobbies. If I collected silver spoons or plates, would I have to have them licensed and iru;ured? I think not.
Why do I have lo have my cars licensed :ind insured if they arc in good looking shape'/ Speaking of good
looking shape ... and we assume that is the purpose of the ordinance ... there is, in my neighborhood. a very
nice looking Jaguar sedan that probably cost more than some of the houses around . I don't think it has a
license plate on it. That is an inoperable vehicle and it certainly doesn't look unsightly. It looks better than
any car in the neighborhood. What difference docs it make whether it has a license on it'/ Why is the City
doing this? Arc you getting a kick back on the license? You would like to, he said, but I don't think you
arc. Maybe you are. Or the insurance. What is this issue with the license and insurance'! Why do you call
it inoperable when these vehicles arc operable'/ We arc just collectors and we like to have them. Like the
other gentleman, I have another one hidden away. that I have had since 1958. when it was 30 years old. It
is a Model A Roadster pickup. It is an antique. I've had it, I keep it and it, again, has a rebuilt engine in it
and runs fine . No problem with it. Why do I have to keep it hidden? Now we come to the last
point. .. putting it in the backyard. Well actually it looks better in the front driveway tucked up among some
phitzers on the concrete. than it would in the middle of my backyard in with my flowering trees and all .
Plus. if I put it in my backyard. behind a solid fence, why do I have to have it covered? And ifl do have it
covered. why docs it h3vc to be 3 fitted cover? Has someone got stock in fitted car covers? I have invited
311 of you to come look 31 mine. nicely sitting out there in a green tarp. Green tarp, hospital comen around
the rear. in at the front, over the windshield. You couldn't get your Christmas presents much more nicely
tied up than this . Why 11 fitted cover'/ And why a cover at all if it is behind a board fence? And what have
you got against cars that look good.just because they don't have a license? The real exception I lake i5 the
inoperable vehicle. I think that is about it . I invite any of you to come by and look at my green packap: in
the front there, which you can only sec if you drive right by it. Thank you for listening, he said .
Mayor Bradshaw thanked Mr. Seymour.
Tricia Langon. Senior Planner with the Department of Community Development. said the department
would like 10 provide Council with some insight on some compatibility issues between Title 15, the
pro posed amendments. and Title 16. the Zoning Ordinance. I have just three quick points. The first two
are regarding dcfiniuon. The first one 1s the definition of carport. We have had an established definition o f
carport wuhin the Zoning Orduuncc and that definition is "a s pace for housing or storage of mocor vehicle;,
a nd enclosed . o n no t more than t\\O sides. by walls ." Under the proposed Title 15 amendments th.it
defin111 o n " "a s tructure with a roof. but lacking 11 side wall ." Just so there arc no qu tion of
interpre tati o n. s he 53 1d . th is proposed definition in Title 15 . could sugest that someone could have a
c arport "ith up to three wall . Just as a recommendation to establish consistency and to avoid confusion.
we "o uld reco mmend that Council consider adopung the same definiuon as the one within the Zonina
O rdinance. The seco nd definition is for hard surface . Title 16 currendy requires that off-street parluna
,pJces require a hard urfacc that is paved with a)ph.ih. concrete or brick paven. That requirement ror
parl mg 1s going to be retained m the UDC . She :id, 1scd that 1ravel surfaces U'C not be1n1 propo.ed as
.i,·,·eptable ,urfa ce;, fo r parking o r for ,chicle s torallC , I realize that this 1s storap:. not parkm1, she said.
but I think that the SJ mc prm ·•pal s apply here. Gravel 1s a difficult surface to mainwn. u can be e11S1l y
mmcd .ind remo,ed . "ecds a n i:ro " th rough 11 and . from .in en,1ro nmental standpomt. 11 a. pcn·IOU$ tO
tlu1d, .inJ. 1f ui.ipera ble ,chid e hould leak. that could c reate a potenual en,·ironmental hazard. The other
p.11nt I '"'ulJ JU't hle to me nu o n. 1 that in the res1denual d1)1nc1 requirements .. point A I ~ that no
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Englewood City Council
April 21, 2003
Page6
inoperable vehicle shall be stored within the front yard setback. Front yard setback. she said. is a
combination of terms and we are actually clearing this up in the UDC. A front setback is one thing ... a
front yard is something else. Combining the terms as they are here can lead to confusion. I believe the
intent would probably be 10 not have inoperable vehicles within the front yard. That would be the area
from the front of the structure 10 front property line. We appreciate the opportunity 10 bring these insights
10 you and we applaud the commiuee·s work and we ask that Council consider these consistency and
compatibility issues. Thank you, she said.
Rob Carlston. 3218 South Pennsylvania Succl, said this is the first time I have officially addressed City
Council. Normally I wouldn"t speak in front of the City Council. but. honestly. I thought there might be
some kind of repercussions with Cude Enforcement. I am a car collector. I have very valuable cars ... they
are very old cars. One of my vehicles that sold for $6,000.00 brand new. is now worth over $25,000.00.
And that is just one vehicle. I have over $100,000.00 worth of vehicles. They are all licensed and they arc
all parked around the house. I have a few pictures I would like to pass around, he said. These arc pictures I
took today . The first set of pictures is of what I would call a derelict vehicle. It sits two blocks from my
house ... one block from Swedish Hospital. .. right out in the main front yard of a house on Clarkson Street.
It is a Cadillac ... or was a Cadillac. The second set of pictures shows a Ford Bronco that has been rolled
over and ii has been sitting in front of Goodyear's parking for over five years. I have lived in Englewood
for over six years. he said. and it has never had a cover on it . They have probably never been harassed by
the Code Enforcement people 10 put a cover on it. They are a business, he said, and I don't understand why
a private taxpayer has to pay 10 put covers on their cars, but a rolled over vehicle, with Oat tires, doesn't
have 10 have that . And they haven't had 10 cover it for five years. The next set of pictures is of another
automotive business down on Broadway. called Blazer Automotive. In this photograph that was taken this
alicrnoon. it looks like they have approximately 30 inoperable vehicles in their backyard. I took the
pictures directly through the fence . Mayor Bradshaw asked if that was the one right by Flood Middle
School. Mr. Carlston said yes.
Mr. Carlston said the other pictures I have are just miscellaneous pictures. There is a pickup that is barely
covered. but yet I have received warnings and notices about my vehicle when a cover is blown off because
of strong winds or a storm. Obviously, he pointed out. this cover docsn"I even tit over a fourth of the
vehicle. There is a picture of a race car hauler with no front license plate. which is a violation of City and
1a1e codes. Plus 11 has a car on the back with a trailer underneath. There is a picture of'a car trailer a half
o1 bl ock away from the Engle"'ood police station. with no vehicle attached to it. which is against the City
code . Here. he :,;i1d . is another vehicle ... a trailer that has been sitting on Broadway for about three years
"1th no co,er o n 11 . He noted that all of these pictures were taken within ten or fifteen minutes of driving
Jmund . I could probably find hundreds of violations. oo said. Here is another vehicle where there is a
c amper. o1 boo1t . a trailer. a camper shell and a n ATV. plus a dog house ... all in the yard . Like I said. I have
numcrou, pi c ture . I ha,·c al so included a picture o f one of two of my classics to show the difference
1>e1 .... ecn .i da, u.; ,c hicle and ,1 derelict vehicle ... whic h ,s that Cadillac . It iii obvious and don't you all
.igree. "hen )OU ;ec those pi c tures, 1ha1 the blue C ad1ll.1C " a derelict vehicle? Would you like that itting
nc.,\t d x,r to )our ho use! Or ,f that was s 1111nv a bl ock a way and nothma was done with it and you were
,IJll>l ,mtl y ge lling c c, bec ause yo ur nei g h bor doc,n·1 happen 10 agree with your philosophy and you
ecp ha, mg a .:ontl ic1 v11h your nei ghbor. And )Our nei1hbor keeps calling zonina on you. Zoning comes
u ul Jnd 1..ecps harJ,-s mg yo u. "h1lc 1ha 1 ,eh, le sits 1"'0 blocks away untouched. How would )'OU feel if
that hapJ)<'ned 11 me and lime a gain'! Then )OU want to pas, even more ordinances. he said. We will build a
'" o r o1n c1g h1 foo t rc~e ,f )OU want . We could put up a four -.:ar garaae. We can do whatever needs 10 be
d o ne I could J I rclam an .inornc), he ~,d . 1ftha1, "'hat II lakes. I don'11lunk 11 ~ to IO that far .
b«o1u;,c I o1m .i n EniJ IC,H>od t;npa)er . .i ho meo"'ner a nd I lo ,c h ,ng ,n Engle"Wood. but this nccdi 10 be
.iJJrc:,sed Yo u p,:, pie JTC II pubh, o fh 1al clc.:tcd b) lhc pubhc. There are I lol of car lovers out
1he rc .inJ ,1 101 0 1 organizauom and lhe) .ire also ta,pa)crs .ind \otcrs and they are very pohuc .illy
1 n ent.11eJ poet pie W e .ire .ill 1a ,pa}cr . \\C .uc .il l .idul1 s Before )OU start reach1n1 conclu.t0111 o n some
pc ,,p \OU ,h,,ulJ ,1 I,. .ill o r the people and ha,c ll \OIC It ~OU .&re l()l n110 ~ an ord111111i:e hke lh1 . II
,h '" J , t-ct.,re ,11! Ol l ~ ,IIIZClb ,,t En le\\ood for .1 \OIC M;al..e II a true \'Ole o f the people and i.ce ,r the
,,..
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Englewood City Council
April 21, 2003
Page7
people wan1 this change. If they don't, then maybe the current ordinance is tine and maybe you should
enforce some of the current ordinances. Like some of the other people have said, the current ordinances are
not even being enforced. That Cadillac has been sining out there with a broken windshield. no roof ... it has
been cut off ... and the doors arc hanging off the side, it has four flat tires and the license plates arc from
199-'. It is right there on the street. ten feet from the sidewalk, right out in the front yard, in the 3200 block
of South Clarkson Street. You can drive by there tonight. It is select enforcement. If someone doesn't like
you, they will call in. If they don't like a person, they can make an anonymous call and around come the
zoning people. I realize there arc reasons for the zoning, I understand that. We don't want to have trash,
liner and filth everywhere. But on the other hand, there are two sides to every story. These last two
pictures are of two of my classics, he said. That 1959 Chrysler is valued at over $17,000.00 and it was
$2,000.00 brand new. The same thing with the 1970 GTX ... it is worth over $20,000.00. I collect cars. it is
my retirement fund. The stock market hasn't done so well . I haven't lost any money on my cars. You
know what I mean? Before you pass an ordinance, he said, think about it. Put it to a vote, because there
are people that will find a way to .:hange your vote, if that is what it takes. That is the good thing about
America. People can speak out and if there are enough people, they can change things. So. take note and
be careful what you vote on. You don't want to vote the wrong way and you want to vote your feelings.
but you also have a responsibility to your constituents. That is why lam here speaking to you tonight. I
appreciate your tim~ If !'0 " nN'<l the photographs for the record or whatever. you are more than welcome
to keep them. I have another set. Look at that blue Cadillac and think about how you would feel if that
was your next door neighbor. That is a derelict vehicle. Look at some of those other vehicles. The one
that was rolled over ... that is a derelict vehicle. All my cars are licensed and registered and they cost me
thousands of dollars a year for insurance, they cost me hundreds of dollars a year for license plates and they
cost me thousands of dollars a year for outside storage on top of that. Plus my house payment is thousands
of dollars a year as well. So, l think I have the right, by paying out all this money ... to maintain my
property. to maintain my hobbies. It is such a gray area between derelict vehicles, inoperable vehicles and
classic, collectable cars. It is not defined. You could get a flat tire on your way home, pull into your
driveway and ... according to that ordinance ... you could get a ticket for a derelict vehicle and possibly have
your ~ar seized and impounded and it might take you days to get it back because, in Englewood, when you
get a car impounded, you have to set an appointment and arrange everything. so it is convenient with Code
Enforcement, to get your vehicle out of the pound. And that could take d11ys. Rur your fines rack up the
minute they tow the car. Thank you very much. he said.
Chris Hoagland, 3041 South Franklin Street, said I am a member of the Code Enforcement Advisory
Committee and I just have one brief clarification to City Attorney Brouman's comments. That is that this
version of the inoperable vehicle ordinance is substantially different from anything that had been presented
to the committee for discussion. We did distribute a copy of this ordin.incc to the committee members prior
to last mon1hs meeting and it was on the agenda to discuss. but because of the snow storm. we didn't meet.
So com,equen11ally, he said. we did not offer a recommendation on this ordinance to the City Council.
Ma yo r Bradshaw thanked Mr. Hoagland.
Jeff Mill er. 2 130 Wes t We,ley. said I have a little more of the off-road type issues. I have a few cars th.at I
race and yo u cnn ·1 li cense o r insure them. I move them 1n and out of the garaae. I race lock cars and
every o nce 1n a while. he said. 1hey get wrecked so I have to get another one. to bwld another one. and tal.e
what I can to sa ve them . I have many vehicles. I have classic) and I have off-road vehicle£ that I can't
afford 10 li cen e every year but "hen I do license and msure them. I do use them. It i krnd of sclecu,e.
bec au se II is a little expensive. When I got m trouble "'1th Code Enforcement. I hid to put them rn 5torage .
out door storag e and the y "ere vandahzed ... pan were stolen off them and they were really Nrncd. It is"
hobby Jnd rea l perso nal thing for me . I've had cl=ic for years and have bwlt cars ,nee I wu 1h1neen
yeJ rs o ld . It 1s J rea l personal thing and I just feel like it 1s more of a financial deal. The off-road 1h1n1 ha$
created pro blem, too. a , far as vehicles that can't be licensed or 1n ured and I hLe 10 build them. I'm
bu1ldm g a pi ckup n ght no w and I'm tal.1ng three vehicles to build o ne . M> 111 a httle hard to work on 11
"hen I ha ,e to ha1e the m m to rage . It has been kind o f J pam. But. )\JU I.no...,. I ;penJ m} 1nonc y here ,n
Englewood City Council
April 21, 2003
Page8
Englewood, in 1he shops and stuff like !hat. and pay 1he laxes , and ii kind of kills my hobby when I've go1
10 siore everything ... hide it. I try to keep everything covered and my yard straightened up, he said, because
you ·ve got to be considerate of your neighbors and 1hink about !hem 100 . Bui 1ha1 is kind ofa hardship 10
1ry 10 enjoy this hobby. When you arc a collecror, you don'! jus1 have one. you may have 1wo or three . As
a kid I had three can. in high school. My dad has been a collector and restored Model A's and things like
that. Thal is all I have 10 say. ltjusl kind of makes ii difficult somctimcs ... thc off road pan and Lhe
inoperable stuff. You can'! lic ense everything and insure it, but when I do drive 1hem I license !hem and
insure !hem. Thank you, he said.
Mayor Bradshaw !hanked Mr. Miller.
Ernest Alvarado said I live here in Englewood and I just have one comment. My dad has an old truck thal
he is restoring. I really don't know all the facts about it, whether it is licensed or not, I'm not sure. I don't
believe it is insured. He has put a lot of money into it. just trying to fix it up. This ordinance may do a lot
of damage to him as they are on a fixed income. Like I said, he has an old truck he is trying to fix up. The
only problem I have is with the insurance and license plate. If you show you arc putting a lot of money into
the vehicle and you arc fixing it up. I really don't understand why it has to be licensed or insured. But if
you show proof. you know, he has already fixed the engine and the transmission and he is working on the
body work . It is a 1950 pickup. It is an old truck and he is trying to restore it.. .doing what he can, little by
li1tle. As far as getting it insured and licensed. I'm sure they can't afford that. Like I said. they have a
truck and car already, but this truck is towards the back of the driveway. you can't even sec it from the
street. It is pretty much blocked in there. I just wanted to mention that, as he is trying to fix it up. but I'm
really not sure ... I don't believe it is insured or has license plates. He has gotten a couple of bids on it, to
get it fixed and he is working on the bodywork now . It does run, he said, it just doesn't have a license
plate. That I'm not sure of ... but I'm pretty sure it is not insured. They really couldn't afford that right
now. but he got a couple bids, trying to get it fixed up and restored. Like I said, I do agree with some of
these folks here if they have classic cars. cars they would like to keep ... that they can't afford to drive them
right now, but they arc putting money into restoring them. AB 1001 as it is out of si11h1 and doc5n't look
bad. I don't sec what the problem is with them having those vehicles there. as long as it looks like they are
fixing 1hcm up. My dad's truck is running. he has put a lot of money in the transmission and engine. It
runs . He: received a bid for $7,000.00 to do some bodywork. He is kind of looking around and at 77 it
takes him a little time to look around . He was tr) ing to get better bids and act some more of the work done.
So other than that. I just wanted to mention that, with the insurance and liccnlc plates, it is really kind of
hard 10 do something ... 10 devote most of your money into getting the vehicle fixed. if you arc putting
money into insurance and license pla1cs, and stuff like that. That is all I wanted to mention . Thank you. he
said.
Mayor Bradshaw asked if anyone else wished 10 address 1he Couocil on this issue . There was no one.
Ma yo r Brad;.haw said I ha ve a question on Chapter 9. page 2 . Ms. Langon said I may not be able to answer
11. because "''e d1dn "1 do any ponion of 1his ordi nance. Mayor Bradshaw said 1he 1hing is. if we arc talking
abou 1 '"!hon 1he from ya rd under A, I. wouldn'11ha1 also apply to A 2 '? Ms. Langon Sllid yes .
~IJ}Or Bradshaw a,d I J USI 1hml.. 1ha1 of we arc lookong at ~-ons1stcn1 definitions. we need 10 Siar! out \\1th
o ne Mr. Bro tzman said absolurcly.
Ma}o r Brad haw )ked of 1herc were any 01her c 11izcns wishing lo address Council on this issue . There
\\C'rc none .
~la,or Brad,haw s.ud "'C w1ll 1al..c ~o ur commcn1s under advisement .
Englewood City Council
April 21, 2003
Page9
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
HEARING TO GATHER INPUT ON COUNCIL BILL N0.10, PERTAINING TO INOPERABLE
VEHICLES.
Ayes :
Nays :
Absent:
Council Members Nabholz. Moore, Garrett, Wolosyn. Grazuli,.
Bradshaw
None
Council Member Yurchick
Motion carried and the Public Hearing closed.
Mayor Bradshaw thanked everyone for coming and we have your names and addresses so we will let you
know.
Mayor Bradshaw asked if they wanted to have a Council discussion on this. If we are going to discuss it.
should we discuss it before these people leave? It was determined that Council would discuss the issue at
this time .
Mayor Bradshaw said she was shocked to find out that it hadn't been back to Code Enforcement in this
form .
City Attorney Brotzman said let me explain that one . In this form , no, because Council made changes at
their last Study Session. It then went, with those changes being limited to one vehicle in the backyard. then
there is a limitation on hours on the weekend that is still problematic, lan guage wise. It then went to first
reading. The meeting that was missed, was after first reading . So, they could have made
recommendations. but the Committee could not have made any changes. since you already approved it on
first reading.
Mayor Bradshaw said okay.
Council Member Garrett said I'm sorry. I missed that . Let's try that one more time . There are one or two
things they haven't discussed. which where those two items we changed in Sllldy Session. City Auorney
Brotzman said that is correct .
Council Member Garrett said otherwise they recommended this ordinance.
City Attorney Brotzman said no. That is why you are having somewhat of a problem. Normally, what
comes to Council is exactly what a committee has approved . In thi s case. their recommendation was to not
c hange the Code. Council then made modifications to the last draft .
Ma)or Bradsha" said okay. ls there any ocher discussion·/
Coun,:ol Member Moore said the pictures tonight were ,-cr y helpful. and in fact. I think some of the changes
being propo~ in th1, ordinance arc intended to prevent some of those thmas that we saw in the ptetures.
Correct me 1f I'm wrong. but the Cadillac without the doors. or a top. or wt.els or cverythina else .. .l think
thJt I perm1, able under our c urrent rules . It was o n a hard urface. it was in the fronr yud.
Cl!) r\uomey Brotzman .aid 11 "asn't covered. but 1f1hey co,Cffd it. the answer I ye .
Coun..ol Member Moore said even today. before "'C go any further. '"ilal '"-ould il<lp that veluclc from
>11tang in the ,ard on 1ha1 form today'! Cuy norney Brotzman said they would hlt,e to ~'O\'CI' 11 .
Coun..:11 Member Moore aid I am not tallung about under the proposed rule . 1 am 1alk1n1 :lbout the
i!\I tang IJ\\ loJJ} If 111, m the dmc"a~. does II still lua,·e to be IK.--e!Md' Under !Oday'• law .
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Englewood City Council
April 21, 2003
Page 10
City Attorney Brotzman said no. That car could be in the front driveway. but it would require a tic-down
canvas or other opaque cover. That is why this was drafted at Council's request ... to address that issue.
But the answer is. he said, that blue car could be in the front yard if it was covered and on a hard surface.
Council Member Moore said clearly we have some kind of enforcement issue already.
Mayor Bradshaw said that is right. .. so why change it if we can't enforce what we've got. ls that what you
are thinking?
Council Member Moore said I think that is a fair point. If we can't address that flagrant violation now, that
would be one concern. I always wonder why those things happen to begin with, he said.
City Attorney Brotzman said the answer is that if they covered that it could remain in the front yard . Under
the proposed ordinance, you would actually have to cover it and put it in the backyard on a hard surface.
Council Member Moore said I still think that is a fair objective. Even with that car next door to me
covered. it still docs not make me feel good .
Mayor Bradshaw said right. So how do we get that?
Couocil Member Moore said I guess I'm not sure of the other cases presented. in terms of some of the
classic car issues . This one individual mentioned that all of his vehicles arc licensed. therefore, I was
thinking they fit under our proposed rules.
City Attorney Brotzman said his classic cars fit and they would actually be allowed under any ordinance
that we had ... the proposed or current ordinance.
Mayor Bradshaw said if he is being hassled undcrthe current ordinance ... what is that about?
City Attorney Brotzman said I don't know all the circumstances of the stale of those can, if they have
engines or whatever. But, if your car runs and it is operable currently and it has a license plate. then that
doesn't lit under derelict and hobby. It would not fit under inoperable.
Mayor Bradshaw said that's right, this is only about inoperable vehicles. City Anomcy Brotzman said yes
and the reason we chose inoperable was that the distinction between hobby and derelict is kind of in the eye
o f the beholder.
Counc il Member Grazuhs said I'm al so the liaison for Code Enforcement and just 10 let you know that I
have had a httle proble m, in my o wn mind . when people talk about classic!l. Like 1f you have a classic ;md
yo u wo n't bc dri ving ,1 for a year. or whatever. so it won't be actually licensed during that time , I've had a
prob le m with no t all o wing that. because when you do take it 10 a storage area. they arc damaged.
Someumes th at 1s what 1hey wo uld fall back on financially . I always had a problem with breaking u out
and ha , mg the ac1ual class1 c ... that is in the finished stage. as opposed to something like that blue c.ir.
Mayor Brads ha w aid th at blue ar is a classic e,en thought 111s a mess. Ms. Gruuli said that is what I
meJ n ... breaking II o ut . I don't know how ro do it. I JUSl kno11, you should do it .
Counc il Member \Vo lo yn said a c iuzen called me as she was concerned that it really wouldn't cover all
·IJ ,s1c ca r . She had thi s concern that people could shuffle hccnses around. I tried to explain that as Iona
a, the peo ple a re \\Uhm the bounds o f the law, we i:an·1 do anythtna .
Mayor Bradsha w sa,d ,111 zcns ha,e do ne that.
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Englewood City Council
April 21, 2003
Page 11
City Attorney Brotzman said you actually are not supposed to do that . Shifting license plates from one car
to another. illegally, is actually addressed elsewhere .
Ms . Wolosyn said, so it is not allowed any time? City Attorney Brotzman said that is right.
Mayor Bradshaw sa id the problem. again. is enforcement. But I don't know. she said. What does Council
want 10 do'!
Council Member Wolosyn said I think the objective we have is to have cleaner. safer streets .
Mayor Bradshaw said that is right. And how do we get there?
Ms. Wolosyn said I also have heard people sort of warn us that we may end up having huge garages. And
we have to decide, she said. ls that what we want'/ I don't have any strong objections to what we arc
doing. I sec it as a way to move towards cleaner, safer streets, she said.
Council Member Moore said I think the large garages arc actually being addressed in the UDC . I, too.
agree there is a balance here and I still think storage of derelict vehicles in the front yard is not to the City's
advantage . So, we have to find a way to get closer to that right objective. Maybe we can't do it completely
painlessly . I would like a chance to dissect tonight's comments, he said.
Mayor Bradshaw said we would not be making a decision tonight.
Mr. Moore said he wouldn ·1 mind coming back and exchanging additional views in a Study Session, if our
schedule would permit that. Next week is completely booked .
Mayor Bradshaw said maybe the first Study Session in May?
Mr. Moore said I would like to suggest we, at least, get a Study Session in before we go to the next vote.
Attorney Brotzman said the next sc heduled vote is Mays•. unless you postpone it by having a Study
Session.
Mayor Bradshaw said I don't know that there is a rush to get this legislation in.
Council Member Nabholz said. speaking for myself, I personally am looking for consistency. To get the
derelict vehicles out of the front yard. 10 go to a consistent color of tarp. so that we don 't have 10 see
pictures like this. where there are bits and pieces of cars. or trailers up in the front yard that arc not hitched
10 a car. Some of this stuff has been here a long time, she said. so we arc b;ick to the enforcement issue .
We make more regulations and more rules . condense them and put them into a pretty little package, but we
arc still back to enforcement . I would also appreciate some more discussion between all of us as to exactly
how thi s ca n be achie ved , from every dirccuo n.
Co uncil Member Moore said I would also be intercs1cd ... if we may hold on to the pictures for a little
bit ... 10 have staff take a look at u few of these. and be able to comment on some of the circlllllSIAIICes .
mean . we do n 't ha ve to ha ve s pecifics. but you look at the blue car and say here is why it 1s permissible
1oda} o r not. That "ould help give me a little fuller picture. he s:ud.
Council Member Garrett said I wo uld like to summanze. This ordinance . the new one. appears to do lhr.:c
1hing;, pcc,fi.:ally . h move s things off the front yard. II means you can't have thin11s 1n a carport. and 1f
)OU do mo,c 1110 the back. 1hen there arc certain rcgulauons that "c have imposed bucd on how it looks
in 1he bac~ Is that o n o f a reasonJble summary o f "hat thi, does'/ City Attorney Brotzman said that 1s
~orrect.
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Englewood City Council
April 21, 2003
Page 12
Council Member Garre! said rhosc arc all new ilems . Now ii seems like when we have our discussion, he
said. we should focus on rhose panicular 1hrce issues.
Council Member Moore said I would throw in a founh ... when it can come out for a visil 10 1he from yard.
Council Member Garren said we need to talk abou1 it, because we do have issues regarding enforceability.
Mayor Bradshaw said maybe we should ask Code Enforcement to take a serious look at those pictures. as
Council Member Nabholz said. And. write them up. Let's use the laws we have and see if they will do
somerhing.
Council Member Moore asked how do businesses lit inlo lhis equalion?
Ci1y Auorney Brotzman said lhere is curren1ly no UDC definition of a non-R zone. meaning business and
indus1rial zones. The big e~emption in lhe business and indus1rial zones. is that if you have an occupation
that does work on cars, it is allowed, as licensing and zoning issues, for those businesses, should address it.
So if you have auto salvage. obviously you are allowed to have lhese cars.
Mayor Bradshaw pointed out 1ha1 auto salvage has a panicular district, northwest Englewood. City
Auorney Brotzman said absolutely. Bui, Mayor Bradshaw said, I see auto salvage going on on Broadway.
Or. Ciry Auorney Brotzman said. if you have car repair. I don't know if that is lhe issue or not. but if you
had a car repair business. the same would be true. Thal is the big exemption lo the business and industrial
districl. If you are licensed 10 do that type of work. if you are zoned properly in thoac: areas. then you don ·1
have all lhese regulations. You simply have lhe zoning and licensin1 regulations following down upon you
10 regulate 1ha1 .
Mayor Bradshaw asked if !here was anything else. She asked if they needed 10 address collectors
separately?
Anorney Brotzman said if you ge1 into the plate issue. I would encouraac )'OU not 10 rely upon the Slate 's
de1ermin.a11on as 10 wha1 type of plates somebody p . I don't lhink it is aoin110 be what you desire on
1ha1 . I lh1nk you want 10 address the type of cars you want m addras, he said. Noc rclyins on the County
Clerk 10 do 1ha1 for you.
Mjyor Bradshaw a kcd when Code Enforcemem meets a1ain.
Code Enforcernenl's meetini sc hedule was discussed.
Due 10 sc heduling problems. Council agr«d 10 adn1e Code Enfon.-cmcrk of the Study ScsslOII discussion
and '"' 11c 1hem 10 anend.
t\l a~or Brad.haw aid lei's go ahead and pu1 thi s o n 1he May 19* aaenda on second re.:id1n1 . We can have
a 'lud ) c ion o n 1h1s o n May 5•. al 6 :00 P .M . 1n the Community Room.
\l.i)Or Brad,ha" .1 kcd 11 th :u sounded fair . Council Member Moore said dw 50Wllb aood-
'.\l.i~o r Brad,ha " th.lnkcJ the 1.·111zcn for -.amn1 • •
Englewood City Council
April 21, 2003
Page 13
There were no items submitted for approval on first reading.
COUNCIL MEMBER GARRETf MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I), (Ii), (Iii), (Iv) and (v) AND 10 (c) (I) and (Ii).
(b) Approval of Ordinances on Second Reading
(i) ORDlNANCE NO. 29. SERIES OF 2003 (COUNCIL BILL NO . 22,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE
ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY A TT ACHED AND MULTI-FAMILY
RESIDENTIAL CONSTRUCTION, OR ANY HOUSING REQUIRING THE SUBDIVISION OF
PROPERTY. IN THE AREA LOCATED BETWEEN WEST EV ANS AVENUE 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.
(ii) ORDINANCE NO. 30, SERIES OF 2003 (COUNCIL BILL NO. 25.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FOUR
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2003
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD, COLORADO.
(iii) ORDINANCE NO. 31, SERIES OF 2003 (COUNCIL BILL NO. 26,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE OF THE CITY OF ENGLEWOOD. COLORADO, CREATING 11fE MENGLEWOOD
HOUSll)IG REHABILITATION ENTERPRISE FUND" IN RESPONSE TO CHANGES TO ARTICLE X.
SECTION :?O (TABOR) OF THE ST ATE OF COLORADO.
(iv) ORDINANCE NO . 32. SERIES OF 2003 (COUNCIL BILL NO. 27.
INTRODUCED BY MAYOR BRADSHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD. COLORADO. THE CITY OF LITTLETON. COLORADO. WEST METRO FIRE
PROTECTION DISTRICT. LITTLETON FIRE PROTECTION DISTRICT. SOUTH METRO FIRE
PROTECTION DISTRICT, AND SOUTH SUBURBAN PARK DISTRICT APPROVING A
TEMPORARY EASEMENT ON METRO FIRE TRAINING CADEMY PROPERTY FOR THE
CO Ml'LETION OF A SEGMENT OF THE BIKE PATHWAY .
(\) ORDINANCE NO . 33 . SERIES OF 2003 (COUNCIL BILL NO. '.!8.
INTRODUCE D BY COUNCIL MEMBER WOLOSYN)
AN ORDI ANCE AMENDING TITLE I. CH \PTER IO . SECTION'.!. PARAGRAPH 6. OF THE
ENGLEWOOD M ICIPAL CODE 1000 PERTAINING TO PUBLIC NOTICES .
Vote rfSults:
A)es: Council Members Nabholz . Moore, Garren. Wolosyn. Grazuli •
Bradshaw
a~ None
Englewood City Council
April 21, 2003
Page 14
Absent :
Motion carried .
Council Member Yurchick
(c) Resolutions and Motions
(i) PURCHASE OF WATER MEfERSFROM MOUNTAIN STATES PIPE &
SUPPLY IN THE AMOUNT OF $70,455.38 AND THE PURCHASE OF YOKES, VALVES AND
FITTINGS FROM DANA KEPNER IN THE AMOUNT OF $6,237 .65.
(ii)
OFFICE BUILDING.
A CHANGE ORDER FOR THE RECREATION STORAGE/MAINTENANCE
Mayor Bradshaw asked if there was any discussion. There was none.
Mayor Bradshaw asked if anyone wished to pull an item. No one did.
Vote results:
Ayes :
Nays:
Absent :
Motion carried.
11 . Rqular Aaenda
Counci ' Members Nabholz, Moore. Garrett. Wolosyn. Grazulis,
Brads!· v
None
Counc · Member Yurchick
(a) Approval of Ordinances on First Reading
There were no items submirted for approval on first rcadina.
(b) Approval of Ordinances on Second Reading
There were no additional items submirtcd for approval on sa.-ond rcadina. (See Aaenda Item 10 -Consent
Agenda.)
(c) Resolutions and Motions
There were no add111onal resolutions or motions submilled for approval. (See Agenda Item 10 -Consent
Agenda .)
l ~. G~neral otsaasslon •
(a ) Ma~or' Choice
l\la)or Brad haw did not ha,re any matters to bring before Council.
(bl Council Members ' Choice
(il Council Member Nabholz said Keep En9lc11oood Bcallliful will be holdin& their
13 th nnujl GolfToumamcm on Monday. June 9•. Council usually pays for two foursomes. she said.
D1scu,,1on cn,ucd. It \\llS d,·termined that 111s ,n the budact -
M.i)or Brad ha" noted \\C might ha,c 10 cut back ne" year to. perhap6. one foursome .
Englewood City Council
April 21, 2003
Page 15
Council considered the cost of sponsoring two foursome s.
Council agreed ro sponsor two foursomes.
(ii) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED,
TO APPROVE THE ESTIMATE OF EXPENSES FOR MAYOR BRADSHAW TO ATTEND THE
ECONOMIC DEVELOPMENT ADMINISTRATION NATIONAL CONn:RENCE 2003, WHERE
THE CITY WILL BE RECEIVING THE FIRST PLACE A WARD FOR EXCELLENCE IN
ECONOMIC DEVELOPMENT.
Mayor Bradshaw said we were competing against BoSlon and Tucson. We won, she said, and that is
amazing. It is for the CityCenter development. It is quite an honor and I appreciate you letting Gary Sears
and I go on this trip for 36 hours. We arc Oying out the s• and we will ny back on the 9*' 10 be here in lime
for the binhday pany.
Vole rsults:
Ayes:
Absent:
Abslllin :
Motion carried.
Council Members Nabhoiz, Moore. Garren. Wolosyn. Grazuiis
Council Member Yurchick
Mayor Bradshaw
(iii) Council Member Moore asked if the photos were to be given to City Manager
Sears to conduct a follow-up.
City Manager Sears said we will do that .
13 . City M .... r's Report
City Manager Sears did not have any mailers to bring before Council.
14 . City Allormy's Report
City Attorney Brotzman did noc have any matters to bring before Council.
HAW MOVED TO ADJOURN. The meeting adjourned at 8 :42 p.m.
PLEASE PAINT
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE: May 5, 2003
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
..... NAM......,E..._ __ __.A,...D=DR=E.._SS _________ ...... -=
Individual Citation Award-City of Egglewood's Beverly Bradslaaw
Pursuing her passion, Beverly Bradshaw has had a tremendous impact on the quality
and quantity of park and recreation programs and facilities in the south metropolitan
area. In her twenty plus years of leadership and advocacy for park, trail and open space
development and preservation, her achievements are many and her dedication and
enthusiasm unwavering. Currently, Beverly is adjunct professor at Arapahoe
Community College, Chairperson of the South Suburban Parks Foundation and Mayor
of the City of Englewood.
Her professional accomplishments are many. Just a sample of what she has
accomplished as an eighteen year board member and current chairperson of the South
Suburban Parks Foundation include: being instn:unental in the successful trail
development of the Mary Carter Greenway, a 14 mile paved trial connecting Chatfield
State Recreation area to downtown Denver along the South Platte River and Big Dry
Creek Trail. She also was instrumental in the Highline Canal Trail, a natural surface
trail on a recreational easement paralleling the historic irrigation channel.
As a member of City Council and Mayor of Englewood, Beverly has served for many
years on the park and Recreation Commission and was a founding member of the
Malley Senior Recreation Center Trust Fund Committee. She also served as a Steering
Committee member of "Englewood for Recreation", assisting in passing a thirteen
million dollar recreation facility bond issue in 2001.
Bev Bradshaw continues to be an advocate for the recreational amenities in the south
end of Denver. Residents are the ones who truly benefit as Bev's leadership has
improved the overall quality of life this area offers.
Won't you pletJSe joill me la dowlag -,,,,,.cldo11 111111 ~ for Colotwdo
Park and Recreation Assocudiolr 's 2002 CJr6t111/vdlDIUII C""1ioll tnf1tll'd nclpk11t -
City of E11glewood's """"1tee Bnaly BrtlllsltllW
AGENDA ITEM 8
I -.~ • ~ -r ..... ~ -s;~ ... ~-..... .. • .. -~".i ;
• ,. • ... ., .J
DATE: May 5, 2003
PLEASE PRINT
NAME
RESOLUTION NO. jJ_
SERIES OF 2003
A RESOLUTION APPOINTING DAVID SPRF.CACE AS A MEMBER OP nm BOARD OP
ADJUSTMENT AND APPEALs FOR nm CITY OP ENGLEWOOD.
WHEREAS, David Sprecace has graciously offered to serve on the City of Englewood's boards and commissions; and
WHEREAs, the Englewood City Council appointed David Sprecacc u an alternate mcmbcc to the Board of Adjustment and Appcala; ancl
WffEREAs, there is an opening on the Board and City Council desires to appoint David Sprccacc u a JJCffl)CDcDt mcmbcc to the Board of Ad,iuatmcat and Appcala.
WHEREAs, Council wisbca to express its gratitude for the volunteeriam and service that this individual wiabcs to bestow upon the City;
NOW, lHEREPoRE, BE rr RESOLVED BY nm CITY COUNcn. OP nm CITY OP ENGLEWOOD, COLORADO, 1HAT:
~. The Englewood City Council hereby !'fl)Oints David Sprecace u a mcmbcc of the
Englewood Board of Adjustment and Appcala with his term bcainnhra May 5, 2003 and expirina February I, 2007.
ADOPTED AND APPROVED this s• day of May, 2003 .
Attest: Beverly J. Bndabaw, Mayor
Loucrishia A. Ellis, City Clerk
.
I, Loucrishia A. Ellis, City Clerk for the City ofEoaicwood, Colorado, hereby certify the
above is a true copy of Resolution No.___, Series of 2003 .
Loucrisbia A. Ellis
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PROCLAMATION ,~ A
WHEREAS, the Blizzard of 2003 dropped approximately 36 inches of ~ ~
very heavy, wet snow in Englewood on March 17, 18 and 19; and -~ r
WHEREAS , Public Works Street Maintenance worked around the clock from when
the storm began through March 23, plowing streets and alleys in a comprehensive fashion that
permitted Police, Fire Divisions, and paramedics to get to people who needed help and permitted
our citizens to be one of the first to be able to get out of their neighborhoods in the Metro Area;
and
WHEREAS, Public Works Fleet Maintenance had mechanics who worked around the
clock from March 17 to March 21 to make repain and keep equipment running and to chain the
vehicles for emergency responses; and
WHEREAS, the Parks and Recreation Department brought out equipment and personnel
to remove trees and branches out of the public way so plowing could occur; and
WHEREAS, the Utilities Department made personnel an<I equipment available to
remove excess accumulations of snow blocking intersections and hauling snow blocking
businesses and hospital areas; and
NOW, THEREFORE, I, Beverly J. Bradshaw, on behalf of City Council and the City of
Englewood, would like to recognize the following City staff for their imponant role in keeping
this emergency from becoming a crisis:
Utilities:
Pu b ic
Works :
Parks and
Recreation:
ServiCenter
Gli rage:
I
Directors
Maoai:ers:
Manuel Aitcncio /
John Koppcnhafe0
Albert Guerrero ,/
Rob Worek /
J. T. Spurlock V
Dell Montgomery v Brad Hagan ./
J. C. Coffey ./ / Ellis Slater , /
Charles Kauffmann Cecil Payne I/
Butch Jerome ~ Rudy Dingman /
Brian Hanley
Natalie Coenen /
Mike Norris {/
Bob Stephenson ./
John Smaldone V
Dan Sommerville l/
Stu Fonda V
Jerrell Black ~
Charlie Auner /
Keir Anufrijevas L,
Frank Burham v
Luis Esparza v
Mike Stegmaier
John Stepanich v
Bill McCormick V
DaveLce c/
Chris Pus~ I;pck GiC7.CD t/ .
Tom Chesher'-""Stan McClung v
0tto Licht1 ~ Mike ber v <l 1
Jim Brown ,( ,James Piazza V
Cnig Siegel i/ Gerald Baumer v
Burton Vance ./
V (/ 1(j /
Joe Youngren Tim Parks / 0
Toby Lujan v Nate James v I ,/c.'
Wayne Niles .,..;Paul Simon r 1 'f)
Josh Metsker ~ Betsy Mercer v
Martin Rossi Gerald Cox I/""
Tony Eppolito v&ott Edwards
Mitch Riley //Pat Whitev ·
Steve Lasley
GIVEN under my hand and seal this So1, day of May , 2003 .
Beverly J. Bradshaw, Mayor
t
.· ..
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' ! • •
Darren Holllngaworth
From: Randall Taylor -Peak Buell18II Macia (randyO~com)
Sent: Wedneeday, April 30, 2003 11 :59 AM
To: Darren Hollnglworth
Subfect: Darren, pleaH print and dlalrube II the ACE mNllng. ... THX. Nice working wllh you ....
Wednelday, April 30, 2003
Danwl Holllr,gaworth
City Of Englewood
1000 Englellood Parkway
Englewood, CO 80110
Darren Hollingsworth, Bob Simpson and All Ace Members:
Due to the poor economic conditions we are forced to hall our businell operationl.
As a result I must resign as Vice Chair of ACE, effective immediat81y.
I am very honored to have been a part of ACE and would like to thank City Councl and ACE
for their confidence in me. Keep up the good work!
Regretfully,
Randall Taylor
4/30/2003
COUNCIL COMMUNICATION
DA TE : May 5, 2003 AGENDA ITEM SUBJECT: Intergovernmental
10 a i Agreement: the City & Arapahoe
Community College
INITIATED BY: Community Development STAFF SOURCE: Janet Grimmett. Housing
Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL AQION;
Council passed Ordinance No. 25, Series of 2002, authorizing an agreement with Arapahoe
Community College/AVS Career and Technical School to build a single family residence at
2133 W. Wesley Avenue during the 2002 -2003 school year.
RECOMMENDED ACTION;
Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental
Agreement with Arapahoe Community College for the AVS Career and Technical School
for the school year of 2003/2004 to build one single family residence at a site yet to be
determined.
BACKGROUND, ANALYSIS, AND ALJERNAJMS IDJNTIRED;
The City of Englewood first became involved with the Arapahoe Community College AVS
Career and Technical School (AVS) during 1985 when the principal of Colorado's Finest
Alternative High School contacted City staff for assistance in expanding the building trades
program.
' The A VS program serves Arapahoe Community College and five schools districts, including
Englewood. Every student is exposed to all of the building trades (i.e. framing, drywall,
masonry, electrical, plumbin& HVAC, etc.). They leam to appreciate how each trade
affects the other. Students are of all ages (men and women alike) and come from all
backgrounds.
City staff will act in the role of the developer providing construction funds from the
Housing Rehabilitation Fund (Fund 46). A site contractor wiU be hired to coordinate the
day-to-day building activities with the AVS instructor and students. The house wil be sold
after completion of the project and the proceeds returned to Fund 46. • •
Community Development staff will design the house that the students will build during the
school year. Attention will be given to selecting a design that supports a good quality level
of materials, appropriate design for the neighborhood and community, and finally, a
product that is marketable within the neighborood.
The site for the 2003 -2004 school year will be located at a site currently under
negotiations. Proceeds to purchase the site will be provided from the Housing
Rehabilitation Fund. Staff will forward a contract for Council's approval upon successful
site negotiations.
FINANCIAL IMPACT;
The existing employees in Community Development are available to administer the project
and their salaries and benefits are part of the City's contribution.
YSJ QF ATIACHMENJS;
Bill for an Ordinance.
ORDINANCE NO .
SERIES OF 2003
BY AUTHORITY
INI'RODUCEDBYC~
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND
TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE
BUILDING OF A SINGLE FAMILY RESIDENCE AT A SITE TO BE DETERMINED .
WHEREAS, the City Council of the City of Englewood bas committed to
reviewing options for housing and developing a strategy to enhance diverse housing
options in the community; and
WHEREAS, the City of Englewood became involved with Arapahoe Community
College AVS Career and Technical School (AVS) during 1985 when the principal of
Colorado's Finest Alternative High School contacted the City for assistance in expanding
the building trades program; and
WHEREAS, the A VS program was able to offer a two year Comprehensive
Building Tnides program for high school students and adults to have a "bands-on"
experience in buiJdina a home from the ground up throughout the school year; and
WHEREAS, City will act in the role of the developer by providing COOltruction
funds from the Housing Rehabilitation Fund and a site contractor will be hired to
coordinate the day-to-day building activities with the A VS instructor and students; and
WHEREAS, the site, with house, will be sold after completion of the project and
the proceeds will be returned to the Housing Rehabilitation Fund;
NOW, THEREFORE ,· BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS :
~. The City Council of the City of Englewood, Colorado hereby authorizes
th e Intergo vernmental Agreement entitled "Agreement" between Arapahoe Community
Coll ege/A VS Career and Technical School and the City of Englewood, a copy of which
is marked as "Exhibit A" and attached hereto.
~. The Mayor and the City Clerlt are hereby authorized to sip and altelt said
Intergovernmental Agreement on behalf of the City of Eqlewood.
Introduced, read in full , and passed on first readin& on the 5th day of May , 2003 .
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Published as a Bill for an Ordinance on the 9th day of May, 2003.
ATIEST:
Beverly J . Bndsbaw, Mayor
Loucrishia A. Ellis, City C1ert
I, Loucrisbia A. Ellil, City Clerk of the City ofEqlewood, Colondo, hereby certify
that the above and foreaoina ii • true copy of. Bill for ID Ordinance, introduced, read in
full, and passed on first reading on the __ day of 2003.
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AGREEMENT
This Agreement, made this __ day of 2003, is between the
CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY
COLLEGE A VS CAREER AND TECHNICAL SCHOOL (ACC/AVS) of 5900 South Santa Fe
Drive, P. 0. Box 9002, Littleton, Colorado 80160-9002.
WHEREAS, the City desires to assist the students in the ACC/AVS prosnm to gain
experience for their Comprehensive Building Trades A VS cluses; and
WHEREAS, ACC/ A VS desires to provide practical on-the-job experience to Student
Laboren regularly enrolled in its Comprehensive Building Trades cluses;
NOW, THEREFORE, in consideration of the mutual promises made herein the parties
agree as follows:
ARTICLE I -DUTIES
A. ACC/AVS:
1. ACC/ A VS shall provide student laborers to perform conswction jobs related to the
construction of a dwelling located at a site to be determined (the "Project;,
according to the plans and specifications to be provided by the City. ACC/AVS
shall provide work crews in separate cluses.
2. ACC/ A VS shall instruct the Student Laborers in tbe consauction trades' skills,
which they will need in order to perform their tub in the comtruction of the
dwelling. ACC/AVS makes no represeDlations that tbe Student Labonn will be
skilled in the tasks they are asked to perform by the City. (See attached Task List
outlining responsibilities of the City and ACC/A VS.
3. ACC/AVS shall make available at the comtruction site for 111C by tbe Student
Laborers in construction of the dwelling. band IDd power tools, except those
mentioned in Article 1-8. 3, as ACC/AVS aball deem adequate in quality IDd
quantity. To the extent that other equipment is needed for the Project and is
available without cost to ACC/ A VS, ACC/ AVS aball provide the equipment All
other equipment shall be the responsibility of the City.
4. Transportation will be the responsibility of the student laborers and/or school
di stricts where applicable. and provided.
B. THE CITY :
I. The City shall manage and superviae the construction Project. The City aball
obtain all permits, liccmes, inspections and certificatea, blueprints and utilities
(temporary service).
2. The City shall pay the COits of all llllleriall uaed on the Project, for all
subcontractors other than ACC/AVS IDd all odMI' COili auociated with the Project,
except those which are to be paid by ACC/AVS as ICt forth in this Apeemeot.
3. The City shall provide each Student Laborer with the following tools or acceptable
substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape
Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley
46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat-
OSHA approved. The City shall not be responsible for the replacement of any
tools, which are lost or stolen. If the Student Laborer completes the course, he or
she shall be allowed to keep any of the tools remaining in his or her possession.
4. The City shall contribute $30.00 per Student Laborer toward the cost of jackets for
each Student Laborer.
5. The City shall have the right to object to the involvement or prevent the future
involvement of any Student Laborer in the Project for failure to adhere to
instructions of the City or its agents, violation of safety rules, and conduct which
may be harmful to the City, any of its officers, directon, agents or invitees or to
any other Student Laborer, or conduct which would constitute a misdemeanor or
felony. Every effort will be made to see completion of the Project within one
school year.
6. The City shall require that subcontractors, other than ACC/AVS, aball take
reasonable time to explain the work they are performing. It is exprasly agreed
that these explanations are merely incidental to the work to be performed by such
subcontractors and are to interfere u little u practicable with the subcontracton'
other duties.
ARTICLE P IJABUJIY
A. ACC/AVS through the Consortium Diltric:ts aball maintain, at the Dislric:t Member's
sole cost, adequate Workers' Compensation lnlUl'8DCC covera,e for the Student
Laborers, during all times durina which Student Laboren are womna on the Project.
A VS Consortium Districta shall provide evidence of in1unncc upon the apinlion and
renewal of any term of insurance or upon any cbaqe in Worbn' Compmlation
Insurance coverage to A VS Consortium Diltric:la.
8. The City will not hold ACC/AVS responsible for products and completion imunnce
coverage.
C. The City shall maintain liability coverage for the Project.
D. ACC/ A VS shall provide an acceptable waiver of liability for each Student Laborer.
E . All personal property belonging ACC/AVS or the Student Laboren that ii in or on the
Project shall be there at the risk of ACC/AVS. The City, its apts, directon or
employees shall not be liable for any damaac thereto, unless such damqe wu caused
directly by the City, its qents, directon or employees. Tbe City aball not be
responsible for providina security for a penoaal property left on the job lite by
ACC/ A VS or the Student Laboren.
ARTICLE IP -DUUifiNATIQN
A . Either party may terminate this Apecmcna at uy time upon 30 clays written notice
mailed or delivered to the addreu 1e1 forth above. Tbe putiea qroe dial prior to
termination of this Aarecment by this provilioll, the putiea aball meet or lltelllpt to
meet to resolve any dispute. Either party may, for aay reuon wllalloever, tlnDinate
• t
..
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this Agreement after any such meetina or attempted meetiq pursuant to this
provision. Neither party shall be liable to the other for any actual or perceived lack of
good faith in atten,tpting to resolve any dispute in accordance with this provision.
B. In the event of termination. the parties shall have no further obligation whatever under
this Agreement and the Student Laborers may keep any tool belts and tools, which have
been, supplied them.
C. This Agreement may also be tcnninatcd if an acceptable site ia not provided by the
City by a date mutually acceptable to the parties.
ARTICLE IY -EOUAL OPPORJVNIIY
ACC/AVS shall adhere to all federal, state and local statutes, ordinances and regulations
including, but not limited to, equal opportunities and civil rights laws.
ARTICLE y -WAIVER
No waiver of any provision of this Agreement shall be construed to be a waiver of any
subsequent breach of the same or any other provision of this Agreement
ARTICLE YI -INTEGRATION
Any and all prior agreements between the parties hereto with rapect to the subject matter of
this Agreement are hereby canceled and terminated. No aroeodrnenb to this Apeement shall
be made other than by a written amcndmcot siped by all tbe parties.
ARTICLE YD -AITQRNEYS' FEES
In the event of any action or proceeding broupt by either party apiDlt the other under this
Agreement the prevailing party shall be entitled to recover all expemea incuned therefore.
including but not limited to, reasonable attomeya' fees.
ARTICLE YIIl -OOVERNING LAW
This Agreement is made and entered into in the State of Colorado, and shall in all ways be
governed and construed by the law of such State.
ARTICLE IX -INDEXING
All indexing set forth in the margin of this Agreement an: intcDded for convenience only and
shall not control or affect the meaning, construction or effect of this Apeement or of any
of the provisions thereof.
ARTICLE X -SEVERABUJTY
If any provision of this Agreement is adjudicated invalid or apilllt public policy for any
reason by a court of competent jurisdiction. it is specifically intended tbal each and f1VCf'J
provision not so invalidated shall remain in full fon:e and effect.
ARTICLE XI-HfflRS, sucx:;pMQRS AND ASSIQNS
Thia Agreement shall inure to the benefit of and COllltitutc a bindina obliption upon the
contracting parties and their respective bein, succcaon and uaip.
ARAPAHOE COMMUNITY COLLEGE/
AVS CAREER AND TECHNICAL SCHOOL
By:-------------Carol O'Brien, AVS Director
ARAPAHOE COMMUNITY COLLEGB
By:------·--------
Dr. Bert Glandon, ACC President
ARAPAHOE COMMUNITY COLLEGB
By: -----------~-----Cheryl Traff
Vice President of Administrative Services
CITY OF ENGLEWOOD
By:--------------
Beverly J. Bradshaw, Mayor
ATTEST :
Loucrishia A . Ellis, City Clerk
Date:-----
Date:-----
Dale:-----
Date:-----
CITY Of ENGLEWOOD
Temp Service set
All legals and land permits
Contractor License to Excavation
Foundation
Underground Plumbing
Tn111 order
Exterior (siding)
Guttcn
Gange OH door
HVAC
Rough plumbing
Rough electrical
Insulation
Drywall finish/texture
Painting interior & exterior
Ceramic tile
Concrete drive/walk
Cabinets & tops
Finish plumbing
Finish electrical
Floor coverings
Sprinklers/landscape
Provide a boom truck if needed
TASKLIS'r
ACC/.AVS CAREER AND
IICJINICAL SCHOOL
Bick Ince foundation
Floor fnmina,lsubftoor
Wall fnmina/Slii:atb
Roof Trua/Stick build
Roof sbe,thma dry in
SbinaJea (3 lab)
Window/Exterior doon
Hana drywall
All Interior doon
CloHt lhelvea
Cue Bue trim
Wmdowlilll
Medicine cabinets
Towel bm & T.P.
lllntnre
Set 1ppli1N:e1 (no built in oven)
• This task list can be adjusted by mutual a,rcement of lbe (2) putiea lbould •cbeclntina
require an adjustment
COUNOL COMMUNICATION
Date Agenda Item
May 5, 2003 10 a ii
COUNOL GOAL AND PRMOUS COUNOL ACTION
Subject
Ordinance to Accept 25' for
Cas 'an Ave ROW
alist
Council acquired 2133 West Wesley Ave by approving of Resolutions 77 and 80, Series 1993. Council
also approved entering into an IGA with Arapahoe Community College/ A VS Career and Technical
School pertaining to the building of a single-family residence at 2133 West Wesley Avenue by
approving Ordinance No. 25, Serles 2002.
Since the early 1960's the City has accepted voluntary dedications of property from 29 of 38 lot
owners whose properties front the proposed street of West Caspian Place. In 1979 West Caspian
Place was placed on the master street plan.
RECOMMENDED ACTION
To approve a bill for an ordinance accepting the north 25 feet of Lot 25 to be dedicated as an
easement and right of way for the proposed West Caspian Place.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The Arapahoe Community College AVS Career and Technlal School (AVS) has been buldlng a
house at 2133 West Wesley Avenue with the Intent to sel the property upon completion.
The project is scheduled for completion by the end of May, 2003. The house Is to be sold after
completion of the project The north 25 feet of the site has not been dedicated as right-of.way for
the future West Caspian Place. The acceptance of the dedication of the right-of.way needs to be
c ompleted prior to the sale of the property.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
A Bill for an O rdinance
A Map
ORDINANCE NO.
SERIES OF 2003
BY AUTHOIU1Y
ANORDINANCEACCEPTINODEDICATIONOF111ERIOHT-OF•WAYFORPAltTOF
11IE 2100 BLOCK. OF CASPIAN, FROM 11IE REAL PROPERTY AT 2133 WEST WESLEY
AVENUE.
WHEREAS, the City of F.qlewood and Arlplboe O!mm!umy Collep A VS Career and
Teclmical School became involved in a two-year Campnbmam BuildiDa Tradea propam for
high school students and adults to have a "handHn" aperieace in buildiq a bame 6am tbe
ground up throughout tbe achool year; and
WHEREAS, the City Kled u developer by pn,vidiq COlllll'Ucticll fanda 6am tbe
Housing Rehabilitation Fund and a llite Cuidla:lur WU bired ID coardinlle tbe day-lo-day buiJdma
activities with the A VS imtructor and IIUdeals; and
WHEREAS, the bouae wu buih at 2133 WOil Wiiiey Avmue p11' Onlinance No. 25,
Series of 2002, with the proceeds of my lale to be retumed ID tbe lfoulina Rmahilicadan Fund;
and
WHEREAS, the hoUle at 2133 WOil WIiiey ii -iDa a-,,..cima and ready for Ale by
May, 2003, but the CupilD ript-of-way IIIUll be dedk:ad pdar to tllat all for 1111n
development of CaspilD.
NOW , THEREFORE, BE IT ORDAINED BY 111E CTY COUNCIL Of 11IE CTY
OF ENGLEWOOD, COLORADO, °""T:
Section 1. City Council hereby accepca tbe dedication oftbe ripl-of-way for a pat ol
the 2100 Block of CupilD, wbich prupcrty ii lepDy clelcribed OD llllldied Exllillil A.
Introduced, read in full, and paaed on L ~adina on tbe s6 day ofMay, 2003.
Published u a Bill for an OrdinlDce on the 9• day of May, 2003.
Attest :
Loucrishia A. Ellis, City Clertt
I, Loucrishia A. Ellis, City Ciak for lbe City of~ Colondo, hereby certify 1blt
the above and foregoing ii a true copy of a Bill for a Ordinance, ildnlduced, read in fWl, 111d
passed on first reading on the Sth day of May, 2003.
Loucrlabia A. Ellis
Page 1 of 2
LEGAL DESCRIPl'ION
DEDICATION OF RIGHT-OF-WAY (W. CASPIAN PLACE)
FROM 2133 WESI' WF.SLEY A VE.
A PARCEL OF LAND LOCATED IN THE NORTIIWEST 1/4 OP THB SOUl'HWEST
1/4 OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THB 6111 P.M.,
ENGLEWOOD, CO .• MORE PARTICULARLY DESCRIBED AS R>U.OWS:
THE NORTH 25 FEET OF LOT 25, BLOCK l, SOUl'IR.A WN GARDENS ANNEX,
COUNTY OF ARAPAHOE, STATE OF COLORADO, CONTAINING 1,675 SQUARE
FEET, MORE OP LESS.
(
Surveyor's Statement
LoT' z,
lo, 2 5 1 8'-"'-k. I
So1.1Tttl.hJ,,1 C.-,u€"'.S ANa1€X
Lo'T' z 4-
z :s:::--,.,,,,,
/ 1
1 .=So'
I -
I, David L Hendmon, a registered Professional Land Surveyor in the State of Colorado,
do hcrby state that this Legal Description and Exhibit were prepared under my direct
supervision and on the basis of my knowledge, infonnalion, and belief, an: correct. The
attached Exhibit docs not represent a monumented land survey, and is only to depict this
legal description .
Dalcd April 29, 2003
EXIIJBITA
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COUNOLCOMMUNICATION
Date Apnda Item 5ublect:
May 5, 2003 10 a IH Ordnance to Authorize Sae
of 2133 W. Wesl Ave
COUNal GOAL AND PIEVIOUS COUNOL ACIION
Council acquired 2133 West wesi., Ave by approvlna Resolutions 77 and 80, Series 1993. Council
also approved entering into an IGA with Arapahoe Community Colep/AVS Career and Technical
School pertaining to the building of a sinale-famlv residence ll 2133 West wesi., Avenue by
approving Ordinance No. 25, Seriel 2002.
IECOMMENDED ACTION
To approve a blU for an ordinance authorizing to sell 2133 West Wesley Avenue.
IACKGIOUND, ANALYSIS, AN> Al1HNA1MS IOENTIRED
The Arapahoe Community Cohp AVS C... and Technical School (AVS) has been buldlna a house
at 2133 West wesi., Avenue. The house was Intended to be sold upon complation of the
construction. The house Is scheduled for ca11ipledon by the end of May 2003. ProcNdl from lhe sale
wil be returned to the Housing Rehablltallon Fund (fund 46). ~ procwll NC9Md above the
construction funds wil be returned to the Pubic lmproverMnt fund.
FINANCIAL IMPACT
None
UST Of ATIACHMENTS
A Bill for an Ordi~e
ORDINANCE NO .
SERIES OF 2003
BY AUTHORITY
w
ODUCED Bft:OUN<!'n.
MEMBER~~~~~
AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT
2133 WEST WESLEY AVENUE PURSUANT TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY
COLLEGE.
WHEREAS, the City of Englewood and Arapahoe Community Colleae A VS Career and
Technical School became involved in a two-yev Comprehensive Building Trades program for
high school students and adults to have a "hands-on" experience in buildina a home from the
ground up throughout the school year; and
WHEREAS, the City acted as developer by providing COllltnlction ftmds from the
Housing Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day buildin&
activities with the A VS instructor and students; and
WHEREAS, the home wu built at 2133 West Wesley Avenue per Ordinance No. 25,
Series of 2002, with the proceeds of any sale to be returned to the ffousin& Rcbabilitation Fund;
and
WHEREAS, the boUle at 2133 West Wesley is neariq completion and ready for sale in
the near future.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
~-City Council hereby authorizes the sale of the real pn,perty in the A VS
Program, which property is leplly described u follows :
Lot 25, Block I, Southlawn Gardens Annex,
County of Arapahoe, State of Colorado.
~-The Mayor and City Clerk are authorized IO sip and alllll all papers
necessary to complete this sale .
L'!!!M!!<'~. read in full , and puled on tint readiq on the f' day of May, 2003 .
Published as a Bill for an Ordinance Clll tbe 9" clay of May, 2003 .
...., J. Bradlllaw, Maya,
Aaelt:
Loucrilbia A. Ellis, City Clerk
I, Loucrisbia A. EUil, City Clerk fbr tbe City of! -•-. C--. ..._, catif/ dlll
tbe above wl folqoina ii a tnae copy of a BiD 6ir • OI Ii ,, .....S, ..a ill llol, ad
paaed OD first readiq OD tbe,. day of May, 2003.
Loumitllit A . Elli,
A RESOLt.rrION BY 1HE CITY OF ENGLEWOOD AU'IHORIZINO 1HE! CITY OF
ENGLEWOOD, COLORADO, TO FILE AN APPUCAflON FOR 1HE ARAPAHOE
COUNTY HOME INVESTMENT PARTNERSHIPS ACT FUNDS (HOME) TO PROVIDE
FUNDS FOR HOUSING REHABD..ITAflON FOR INCOME ELIGIBLE PERSONS.
WIIEllEAS, lbe City of Enpwoocl delirw to apply for tbeN tuadl dllaup Fedenl
HOME IDWIIIDeDt Pll1Denbipl Act (HOME) flmdiaa for snjecta tut will improve aillina
bousinc or increase aft'ordlble bousinc oppol1Ulliliel for iDc-. eliplc JIIIICIDI·
NOW, THEREFORE, BE IT RESOLVED BY 1HE CITY COUNCR. OF 1HE CITY
OF ENGLEWOOD, COLORADO, 111AT:
Sc5tion 1, Tbe City of Enpwood, Colondo, ia IMnby llldlomecl to tile ma applicaliclll
for a Fedml HOME Invesunem Plrtnalbipi Act (HOME) pn,pam paat.
Sectiog 2, The City Mmaer ii llllbarized to lip ID DIC I u:y f'orml, MCIDIIIIIII,
auurmces llld certifications for lbe HOME pant for 11111 C111 bellalf' of lbe City Council 111d 1be
City of Eqlewood, Colorado.
ADOPTED AND APPROVED !Ilia s• day of May, 2003.
a.v.ty J ......... Mayor
Attest :
Loucrilbia A. Ellis, City Clerk
L Loucrilbia A. Ellis, City Cledt oflbe City ofEapwood, Cokndo, llllwby Clltify 11111
the above 111d foreaoUII is fl tnle copy ofRlloluticm No.__, Serill of 2003 .
Loucrilllia A. Ellil
COUNOLCOMMUNICATION
Date 5ulllect:
May 5, 2003 10c i A Resolution Approving a HOME
to Coun
INITIATED IY:
COUNCIL GOAL AND PIEVIOUS COUNCIL AC110N
Council passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 2 dated
June 16, 2000 relating to participation in lhe Urban County Enddement Propam for CDBG and
HOME funds for 2001 through 2003; and, passqe of Resolution No. 101, Serles of 2002
supporting Housing and Community Development that authorized submiaing applications for 2003
COBC funding.
IECOMMENDB> ACnON
Approve a resolution authorizing staff to apply for the Arapahoe County HOME Investment
Partnerships Act
IACKGIOUNO, ANALYSIS. AND Al.1HNA1MS IDENmllD
The federal HOME Investment Pannenhlps Act (HOME) propam provlda .,._ to non,prolt
asencies, housing authorities and cOWlty and rnunidpll qencies to prtmarlv provide decent
affordable housing to low and moderate Income houMholdl.
Arapahoe County has notified the City lhat it ii accepting propollls unll May 16, 2003 for HOME
funding for pro;ects thilt wil improve existing housing or incrw affoldable houlint oppo,1Unitiel
for income eligible penons. Proposals wll be acceplad from IIUlidpll apndel for houlint
rehabilitation or lead base'd paint reduction projects.
Staff requests permission to submit an .ipplcalion for a houllnt Nhal!Dtllion prajed for S 100,000
to rehabilitate 8 low-income owner-occupied homes teattered throupoul lhe CJty of Entl•"'ood.
FINANCIAL IMPACT
The existing employees in Community Development are available to __..,111 lhe prqact and
their salaries and benefits are part of lhe City's conlribulion.
UST Of AnACHMENTS
Resol ution
COUNCIL COMMUNICATION
Date: Aaenda Item: Subject: Purchase of 3629 S. Fox St
May 5, 2003 11 ai property
Initiated By: Safety Services Staff Source: Chris Olson, Director
Rick Kahm, Capital Projects
Director
COUNCIL COAL AND PIMOUS COUNCIL ACTION
Council approved Ordinance No. 7, Series of 2002, authorizing the lease of 2,212 square feet of
office space at 3629 S. Fox St
Council authorized staff to negotiate for the acquisition of the property.
RECOMMENDED ACTION
Staff recommends that City Council adopt an ordinance approving the purchase of lots 13 thru 16,
Block 15, Englewood Subdivision for the purchase pnce of $650,750.
BACKGROUND, ANALYSIS, AND ALlHNATMS IDENTIRED
Safety Services has been leasing approximately 1 /3 of the property at 3629 S. Fox St since January
1, 2002. Currently, the leased area provides office space for the Professional Standards Bureau.
The remaining 2/3 of the building is occupied by the owners.
In late 2002, staff began discussions with the owners after leamina they were lntefesaed In Mling.
Staff ordered and received an appraisal of the property. The fair marbt value Is eSllbllhed at
$685,000. An offer of $650,750 was presented and accepted by the owner. Thia offer is subject to
City Council approval of the purchase.
The owners desire to remain as tenants at the fair market, as determined by appralsll, lease raae of
$9.50 (the City is presently paying $8.75). They wil lease back the 2/3 of the builclna lhey
presently occupy for the next 60 days and 1 /3 of the bulclng fo,, at -. the remainder of a or.
year lease.
The purc hase of this facility wil alow the City to vacate exislin& lease paymems fo, this property
and the property at 2901 /2909 S. Broadway.
Th e Forfeiture Board has approved the funds for the purchase of this building and ,ny ~
upgrades.
FINANCIAL IMPACT
Savings related to this purchase include :
• S 19,356 annual lease payments fo, 3629 S. Fox St
• $48,168 annual lease payments fo, 2901/2909 S. Broadway
Revenue will be received from lease of 2, 160 square fNt In the annual amount of $20,520.
The Department of Safety Services has Adequate funds avaiWJle In the Forfc 'turw Fund IO COi* flls
purchase and require d upgrades. No General Fund monies wll be required.
UST Of ATrACHMENIS
Contract
Proposed BiU for an Ordinance
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••• l'KOl'f.KT\0 DISCLOSUKf. ANII INSl'l::CTION. 011 ,w be~ •• Seller'• l'ruportJ
INlcwllln OnMllillrr ct 2.:>. Setter :ar:r«• k• pmndc uu,·c r wilh a ""'IUCn J1":h,,.u1"c u( ;aJ\'cn.c
Hlilllefl rc1*JmJ 1hc .. ntterl)' \'l•Hlftkial hy Seller tu the best of Selin '" ..:11!..:UI .-;tu.al
k•••wkd~. ·
a. lmpl'(tNHI ObjN'Uon l~..aUne. Hurcr ,.hall h~,·c the 11;hl tn h;n-c u-..~uonb) uf lhc
ttfl)')k:ill n...i1tNHI ul tht l'n'lll:lf)' .mJ lndu>RtM. al Uu)-Cr's upc-n!IC . If th..! ph)'Mt.:&I ,·01W11tun
of tbc l't1'f'C'II)' '" l...:lu.s1ons 1s umau~fa..·11,ry m Uu)cr 's suhjc,.:u,·c d1,w.:rct11W1. Huycr WII. '"' ,.,
bcf,•c llllpodlon llbjttllun l.lndllM ll 2<1 :
CU"'"'')' Seller in "'ttUnJ 1~11h11> 1.·1lllMrai.1 n, tcrnun.ucJ. u, •
U> 11on·tdc: Seller w11h o1 """""" Jrw.:ulJINtn 1•f any un~u,f:a.:te11y pftysK.·al 1,;un1Ji1tun
whM.:h Uu)~f 11:qum:t, Seller k• ,um:+..I (Nulk:C lo Currc,·tJ.
If 'AllllCn ,.11-.·c 11 .. ~ 11."Ccn·cJ h)· Seller nn or bdurc lasptttktn Oltjffl ... 0.-9-Cl
2\.°). the phy!iM.:ill .,, .. ....,,, • .,, ol 1hc l'fupc11,· ...... lnduunn) WU he dcc:1MN 111 be Nlh,fa.:kN'y k1
llurcr,
It. MnolutNNI l»ndlbw. II .a Nuun: 10 c,.,,a:, i) 1ci:civcJ hy Sclkr an&I ,r Duyer anJ
Seller ha,·c uni ,.,,rat ,n •rnmi 10 .a !lotnlcmcuc 1hcrcur un or hch11c Kf'llllllt .... lhacllint ct :?e.:J .
lhUi: 1.·,1t11r....-1 )twll 1c1mn.:.tc one ...-:ak:nJ.u Jo1,· ro&k,•·1111 the Knolut ... IJloada-. unk,.) hdi.Nc
Mll:h tnnNn.t11,m Scllct ra:ci,·n Uuy1.·r·) "u11cu "'llhdra•·al ,If 1hl: N.t1kc II• ('nrra:1.
r. Oanta&f': '-'"": IIMlf'1nai1y IJU)"Cr ,,. ,eo~,m,,ltk for 11o111•"' ft• .Ill u~IC1:IKM1"-.
)ur,·c)·"· cnar:11-.·c11ns ll'I'"''' ,,. "" ,my uthc, ""1lfL 11Crr,w,ncJ :.1 llu~-c,·) ·~ :.nJ WU 11.11 lur
aH)' Jan1o1~c "hk"h ,,·o•s 1u the l'••'f't'tl)· a,11.1 lnd~•uns ib .a ,c,.uk of '\Ul"h .-.10-tlte). Uurcr
)h.all •" 1w 1n11c daun, ,,. he,.,. 111 .any L.1111.1 .as,un,.. the Pu'llnl)' '• '"'fte1.·1"""· MIIVC)·•·
CUflnttfllll ICIIINI ........... "") u1hc, "'"L ,~ ..... ,ncJ OH Ilk: l'ru111:11y :ti U1t)Cl
0
) fC'tUCM . UU)-Cr
lllflC'CJi hi 1111.kHMhl~·. p,lk"\.·t allll hold Sdkr hM ntks, hum aAJ a1:r1n,.. .uty 11.&Nhl )'. d.amaf'" • ...-u..a
ur Ul"-"11"4: 1ni.w11."11 h)' Selk• in 1.·,w~lkwt ,qth •11)' Mkh llbflCt,.INIM, ..:bun. ur ltcn. Tho,
1ndcunl)' 1H1.httk, Sclkr'~ nshc k• 1n:1nC'f all 1.,...a,. d c•111Cffli('J 011.·•rN hy Sl:Un 111 cnfo,..:c
1h11 MDiiC\.·lNIII. 1"'-luJlflf S.:llcr't, IU ... 'iUhk allllfllt)' foct,. 'Jhc: I""'..,..""° ur lht, Mib1ttlNM'I
WII Mll\'t\°C lhc fC'IPllflilltllft , •• lhl) \.'llltlf3'.I
11.l:I.OSINt;. l>d•,·et)' ur J«Jly.J rrtlfn Seiter 10 Uu,·er ~II be a Cluwo1 ll'h"mfJ,
C'lt1!>111f !JaaU he'"' the dale ,1,c,.:1f1Cd a~ 1hc t.: ..... Dal~ ct 2cJ or by ... u1 a1rccmcn1 al .an
c:"arhc, Jak:. 'I he hlu attJ 1>t..:c ur (."h"'"f ,J,:111 be a1 10 00 /\ M. :11 the uff11:en 11r 1hc E111k•,11'1.i
Cicy An.11nc)'
u:rlL\NSH:K ot· TITU~ Sut,J<,·I lu icn&lrr ,w l"f""'°' •• 0.,w .... rc.iuir«I h<1«n •nJ
,·, ..... lliaa:c b~· Uu~ wldl the u1hl:1 k'fm,. :uaJ 1wm·1w11M llcralf. Sella ~ CKl.'IIIC U&I Jch,-cr
a r•III MIi Mlffk'te"nl ,enctal .. an au,,· Jn-d kt 011,·,:r . al C1uw ... 1.·1•\'C)'lfll the Ptupnty 1·r~
aNI dc31' '" alt 1a,n c .,,-qte 1hc ,cnr,..a t.un hw tllc )'C'*' 11ft1t ..... 1i1o1.'C'pl apruvNkd hctcm.
1Hlc SMII be c,an,c)'C'd rrtt .-J dca of all lte"ns. ,_....,.., 1111 l'""fftllllnllal 1cM '• ,.pc,oal
•tMf•u,-cRIC'tll11M1allN :our the Wk•" U11)"Ct ·, )fpt;lillfC har..-. •hctlll:r •.n,,a&•• •" Talc
..al lie ..-, .. ,c,·eJ Mlhfn:t h•.
L 1htN: )fa·llk' I: "-'C'JIIMtm dtM. uhrd by rcfcrca·c 111 fC'l."t•lltd ........... , a~ trlln:IC'd n,
the T,dc t:h,·u111tn1s 3'.·e.:CJ*'l,I b)' uu,·et '" •"••J.a.:e •1111 I la ITillc Rc,·1e• I.
Ila. •~ul-..a .. ,n u11hcy e•"4:•ncrN,.
c. lhitM: "flC'\.'llit.:•llr Jc:M:11IJCtl 11~hb of , .... J ,-11n "'" .a.,•·• hy Ille puWt&. ,~-.•lb uf
"il-.:h 1111,·et hu .:tu.al L•••"h:Jp: anti •1*h •ere auqtlell lty ll•ycr • a."1:111..a.u..:c •• I•
lt.l:lltcu "'" Shto,H by •he l ... 1hht. k\."\.tMd,I , .IIN
4. ,,..·I••"''" Ille 1'1",-t..:••Y "11h1n M)' ~,'\."1.al 1a,, .. ..,.,._:, . ...J
f'. die M°ncr11, anJ burJcllio ul' .&A)' t.k1.li11111MM'I anJ piltlY Wall ... ccanllS. 1f •n)'• -
f ............ .
IJ. PA nn:NT Of t:NCUMIIKANCl::S. llny en<--< '._c,1 •• be i-a wd be
l~eJ al tW bci41fC C,..maJ from lhc~flflll'tt\b of lhel 11 ... 1•• IN' htllN •Y tlllhcr klUfl.'C.
I~ t:1.0SING C.:O!>TS; UOC.:UMf.NTS I\NII SEllVICl!S. lhoycr _, Seller >MM p,ay. ,n
C911t .J t=weJs . lhrN' fC)flC'l'U\·C' C'k"IHI l"UMI aa,J afl Ulltcf ... rbflNIC'II tu lie 1MNI Iii Cl&N ...
eo,1.rp1 as 1e&hc1•1.1e 111ovMkd hcrcm. UU)'Cf' Pd Seller IMII 14• MIi ,Ullllplctc all c11111,...ary ,w
ru1u•..Wy •C\f'lllnl 1.11111."INnC'HI\ a1 or lcfo,c CkA.,.1 Fcu r,ir ,ral auec a... KtYK"H t.Mlt
i.c i-a., n .... ., i,,.18) 11 ... 11.111or 11., . ., .... 0..-11• i.,,-. D .. , .. Os.a.. D
Ollwr _____________ _
The: knl u ..... 1cr •• , .~ NII\_ ':I .. , lhc: ,...., ..... l'n,·c ....... be....., .Mn ..... by O .. , ••
D Sdln. A•r Nin ..... u~ 1:1\ II.al HWY :au.nae hb·WK of .... , ........ , •• wwu I 11.;nJ \\hen
Jucbro .. , .. 181-r.
15. l'KOllATIONS. lh< lo4k'"'"I wll hc: rr••.alal •• <.lo-. I-. <llC<pl as •*'wu<
1•rn·.Jal
a . Tau, l'co11....a a,wrcuy t,nn. ,r •>·· * ,onal real ftlMC IHh fur t11c rt• of' n ...... -.i , ... D n.. T .... ,., 1a.. c....., r-1-,.........,. c.--.181
·n .. M ... Ktt ... ~·· ····r ..... M ... Ktt_ I\_ o, ....... -------------
... K.-.. Mcoh N>CJ ,., 0 K .... Acl-J llenl,..a O l\tt.-. Sa:••Y ..,._,
hdJ hy Selk, ..W he \.lnktcJ tu ltu ,,•, !\ctln Jwll .-..,• ..al ka,,c, II• 0.yCf ..... ,. aWI
a,MilllC MM.II kaM",
c .lMlwt hwtll.._ \\"aec,. M:._,., 1.half'C", • IIIICtN , .. , .......... lililllll)t, 1f aa,: _.
,-_ ,-.,., ...... C u .~IIL\t.rl IU .,,. A="U!liU .I. IIL\I. I S I A IL 11,tMMt M'IAI 6
'
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16. l'OSSl::SSION. I\.....,,;.., of 1hc ..._,, ,hall be: dcli,ucd 111 lluycr ••• 1'--
IJ111c a1.J l1ltHftWUII n.t ti ~t.:), Sllhjc\:I kl die lttflo-.·int h:ucts.» or ICllan~:yh): ¥iC ;plilft!Nf
l!l!!.UWID •
II' Selk,. o1flc1 Clow11r:. la.ts lo tkln·n p:n..tiC'"•"' a1 111a:1fcd, Si:llcr s,hall ~ '1riuh)n·11n
C\'K:ln111 and IJ\all he iul1IMNUlly liabk k• U111yc1 f,., 1t.1yucn1 ol' S :W per day fu ... 1hc
(1uUf111ioa Dull" II ~1.·, u111d 1"""4:"'!oiou ,,. Jcln·c,C\I .
17. NO'I' ASSl(;NAKl.1-:. Th," 1.:1Nllf.k'.I wll nul be o11o111nablc by UU)'Cf w1tl•N1 Seller'"
'"'"" WflllCH \'INl!rorltl . ·~ \t,:Cpl •• Ml 11."Mfk·ICJ. thb 1.·1Mt1f.k'.I >hall inure ht the:-bcncfil u( 1mJ be
hinJmi,. upon the: l..:11s. 111.'fwtnal ,c:p,~111:.11,('s. "'"'-'\'.CH.nu; anJ ;a1r,111m nl 1hc 11.111un.
II. CONIHTION ot·, ANU D,UIAGF. TO l'llOPUT\' AND INCLUSION.'i. 1:"·qo ••
,t4ht:r"·i.c l"'"·IJ..-J III lhi" rn111r•·t . the l'1191iaty. lndu,ionli ur both iJI.IU be tJclivc1cJ u1 dN.:
t:tlflllllkHI i:~11-11n1 as u1· 1hc dale ,,r 1hn, 1.·nn1,a:1, ,wtJmary wear ant.11car u,:qMN.
u. C11suu11,·; h1111rlllK'•. h, 1hc c,·c11t tbc l'rupc,ly ur lnduMon, ~all be Januf('d by luc
of other ,:aswhy puur kl Cli.K1"1, tn an .athllUIII uf 1101 n•wc lhan &en pctcc111 or the kllal l'un.·llase
Puce. Selk, !ohall he ,tbl11ascd lu 1q,au Ille u...c bd,wc lhc CJoshta Uale Ii 2-.-,. In die c,·cut
,.~h Jaut.&Fl! 1i. ••tt rcp,11,N •·11hm ~ 11mc •• 1f 1hc Jaena,e, u..-ccd t.lk'h sun,. lhi,i 1.-.-.-.;1
Ill.I). he 1cumn;a11.•J :11 lhc "l'I•"' "' Buyn hy d.:lh'Ct'Hlf kl Seller •111&cn IIIMK:c ul lelmenal••·
ShoukJ Uuycr dC'CI 10 1..·••1 out 1h11 ,·11111ra..·1 ~le Mll:h J;ama,c. Du)"Ct' WU he cnaillal 10 a
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ilf'llkl'l°N 1,y &he <.,.,.,.aJi, Mn1 E\l:IIC < ·,.....,,~•->
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ORDINANCE NO.
SERJES OF 2003
BY AUTHORITY
AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 S. FOX STREET IN
THE CITY OF ENGLEWOOD FOR POLICE PURPOSES.
WHEREAS, City Council previously approved Ordinance No. 7, Series of 2002,
authorizing the lease of2,212 sq1WC feet of office space at 3629 S. Fox Street, Eqlewood,
Colorado, by Safety Services; and
WHEREAS, the owners were interested in selling tbc entire buildin& and City staff began
discussions with them; and
WHEREAS, an offer of S6SO, 1SO wu presented and accepccd by tbc owner subject to
City C.:. ... ..;~! .;;proval oftbe purchase; and
WHEREAS, the property was appraised at $685,000; and
WHEREAS, the owners desire to remain as tenants by leuina beck the two-thirds of tbc
building they presently occupy for the next sixty days, then one-third oftbc buildina for tbc
remainder of the year at fair market value (S9.SO a square fooc); and
WHEREAS, pun:base of the 3629 S. Fox Scnet property will allow tbc City to vacate
exiscing lease payments for this property and for tbc property aa 2901/2909 S. Broadway, wbic:h is
now being used as space for the Impact Team and the Traffic Division; and
WHEREAS, tbc Forfeiture Board bu approved the ftmds for tbc pun:base of this
building and any required upgrades.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section I . City Council of the City of Enpwood, Colcndo, bcnby appn,va tbc
pun:base of the real property It 3629 S. Fox Street, Eqlewoocl. Colondo, for tbc pun:base price
ofS6S0 ,7S0 .
Section 2. City Council approves of leasiq cwo-thirda of tbc buildiaa to die Nllcr (Bnt
Terry Masonry, for sixty days and leasina one-third of the buildiq to Nllcr, Bree Terry Maoary,
on a one-year lease .
Section 3. City Council approves YacabJ11 die cxiltiDa lew payw • 3629 S. Faa
Street after the pun:base and vacaain& existiq loue paymenll for die pn,peny • 2901/2909 S.
Broadway .
Introduced, read in full , and paaed Oil finl ratiaa OD die,. day of May, 2003 .
Published as a Bill for an Ordinance on the 9* day of May, 2003.
Beverly J. Bradlhaw
Attest:
Loucrishia A. Ellis, City Clerk
l, Lourisbia A. Ellis, City Cledt for the City of EnaJewoocl, Colorado. hereby cenify that
the above and forqoiq is a true copy of a Bill for an Ordinance, iatroduced, rad in fWl, and
pused OD fint readin& 00 the ~ day of May, 2003.
Loucrilbia A. Ellil
CQUNQL CQMMUNIQUQN
DATE : AGENDA ITEM SUBJECT:
May 5, 2003 11 a ii Gart Sports Incentive Agreement
INITIATED BY STAFF SOURCE:
Community Development Department Lauri Dannerniller, Senior Manager
CQUNQL GOAL AND PBEYIQU$ CQUNQL AQIQN;
• Council established goals for enhancing the business and economic climate within Englewood
RECOMMENDED ACTION;
Staff recommends that Council adopt the Ordinance authorizing incentives to Gart Sports, for the expansion
of their corporate headquarters to 1090 W . Hampden Avenue.
BAQGRQUND. ANAL)'SIS. AND ALJEINAJMS IDENTIFIED;
In May of 2001, the City entered into an agreement with Gart Sports to provide incentives in return for the
location of their corporate headquarters in Englewood.
In April of 2003, Gart Sports completed the acquisition of The Sports Authority, and has become the largest
sporting goods retailer in the nation . As a result of this acquisition, Gart Sports is bringing approximately 350
new full-time jobs to Colorado, and needs to expand to accommodate these jobs. Their current facility wil
not fully accommodate this expansion.
The following incentive package is proposed by the City to retain this rn,jof employer within Englewood:
Cl A rebate of 100% of Englewood personal property taxes paid lo the Qty over the next five
years.
c A 1 00% rebate of use taxes on building materials in Year 1 and a SO'JI. rebate of use taxes on
building materials in Yean 2-5 . ,
c A 100% rebate of use taxes on equipment purchased for the new facility in Year 1 and a
50% rebate of use taxes on building materials in Years 2-5.
Cl Agreement to negotiate formation of a Special Improvement District Up to implement pedes-
trian, landscaping. signage and public streetscape improvements on the entrance to the new
facilities . Up to $20,000 towards the cost of conceptual design costs paid for these im-
provements in the event of the SID formation. Up IO S 10,000 towards the Improvement of
their new facility fa~de from the City's Commercial Catalyst program.
c The City agrees to apply for federal Transportation Improvement Program funding to support
a pedestrian bridge connecting the southeastern section of the Hampden/Santa Fe intersec-
tion IO the Englewood Transit Station
Cl Assist Gart's in negotiating the acquisition of a parcel adjacent to the 1090 W . Hampden fa-
cility through discussion with property owners, the COOT and Atchison Topeka and Santa Fe
Railroad .
HNANQAL IMPACT;
Currently, the City realizes no revenue from the 1090 W . Hampden property, and will not gamer any revenue
until 2009/2010 (due to the Urban Renewal Authority District status) unless another tenant is secured by the
property owner. Assuming this ordinance is accepted and e>cpansion occurs, the City wil realize the folowing
revenues fro m th e si te:
Year1 S 13,779
$ )40000
S 153,779
Direct Benefit (Bldg and Permit Fees leu EURA tax rebate)
Indirect Bene4lts
Total
...
t
,
:
• •
Year2·5 $ 168,444 Direct Benefit (Permit Fees, Use Taxes less EURA rebate)
I :i6QQ!K! Indirect Benefits ($140,000 x 4yn)
$ 728,444 (Average $182, 111 per year)
Year6 $ 140,000 Indirect Benefits
Year 7-15 $ 128,795 Direct Benefits (Real and Personal Property Taxes)
l],)212Jl!lll lnclrect Beneftls
$1,2-48,795 Total
Total $ 311,011 Total Direct Benefit Yurs 1-15
$1,960,000 Total lnclrect Beneftls Years 1-15
In conclusion, the redevelopment of this site Is an Important component ID e,cpandlna the IUCCell begun at
CityCenter Enp!WN>d. This lncertllve package wll alow for a national retaler lo remain In Enslewoocf, and at
the same time, see a vaant property redeveloped Into an ~le, beneftdal use.
UST Qf AJTAQ1MENQ;
Map
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2003
BY AUTHORITY
IIU,NO.,O
ODUCE~Yl;
MEMBER~~~......,....,~~_,
AN ORDINANCE APPROVING THE INCENTIVE PACKAGE Wl1lf GART SPORTS TO
EXPAND THEIR OFFICES.
WHEREAS, the City and Gart Sports are pleased to be working together to upgrade the
Gart corporate campus in Englewood; and
WHEREAS, the City believes an incentive package will encourage the expansion of Gart
Sports in a creative manner; and
WHEREAS, the City and Gart Sports will work together toward creation of a Special
Improvement District and Transportation Improvement Funds for public strectscape, pedestrian,
signage, and landscaping improvements on public streets to enhance the entrance to Gart Sports
facilities; and
WHEREAS, the City will assist Gart Sports in negotiating the acquisition of parcels
adjacent to the new facility and COOT right-of-way to the north of the new facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City ofEngJewood, Colondo, hereby approves the lllllU8l
incentive rebate to Gart Sports equal to I 00% of taxes levied by the City upon taxable penonal
property located at 1090 W. Hampden Ave., Englewood, Colondo, and used in coaaectioo with
the operation of the new facility for five years, subject to annual appropriation by the City if
funds are available.
Section 2. The City Council of the City of Englewood, Colorado, hereby approves the rebate of
I 00% of actual use tax on equipment purcbued for the new facility in year one, and S0"-4 of
actual use tax paid on equipment purchased in years two through five, subject to annual
appropriation by the City if funds are available.
~-The City Council of the City ofEna)ewood, Colorado, hereby approves a rebate of
100% of actual use taxes paid by Gan Sports at the new facility at 1090 W . Hampden Ave . for
building materials in year one, and SO% of actual use tu paid on buildin& materials in years two
through S, subject to annual appropriatioa by the City if funds are available.
Section 4 . The City Council of the City of EngJewood, Colondo, 11JCC1 to coordinalc with Oan
Spons to create a Special Improvement Diatrict for public l1reellelpe, pedestrian, lipap and
landscapina improvements on public streets to enhance the enlrlDCC ID Oan Sports facililiea.
Conceptual design costs (not cOIIS1rUCtioD documents) for tbae public improvcmenll will be
provided up to a maximum ofS20,000. In addition, up to SI0,000 hm tbe City's Commemal
Cataly I Proanm will be directed toward landtcapiq. sipaae and facade conceptual delip
• t
..
• •
costs improvements to the new Gart Sports facility located at I 090 W. Hampden Avenue, subject
to annual appropriation by the City if funds arc available.
~. The City Council of the City of Englewood, Colorado, hereby approves the City's
application for federal TEA-21 Transportation Improvement Program fimding in the year 2004 to
provide for a pedestrian bridge connecting the corporate campus of Garta Sports to the
Englewood Transit Station, subject to an appropriation by the City if funds are available.
~. The City Council of the City of Englewood, Colorado, agrees to wist in ncgotiati0111
for Gan Sports acquisition of Pan:el S adjacent to the new Gart Sports facility and the oudyiq
parcel of COOT right-of-way to the north of the new facility at 1090 W. Hampden Avenue.
Introduced, read in full, and passed on first reading on the Sth day of May, 2003.
Published aa a Bill for an Ordinance on the 9th day of May, 2003.
Attest:
Beverly J. Bradshaw, Mayor
Loucrishia A. Ellia, City Clerlt
I, Loucrishia A. Ellia, City Clerk for the City ofEnpwood, Cokndo, bereby ccnify dlll
the above and forcaoina ii a true copy of a Bill for an Ordinance, introduced, nad in fWl, and
passed on first readin& on the 5th day of May, 2003 .
Loucriabia A. Ellia
G
Date
May 5, 2003
INITIATED BY
Utilities Department
0
0
COUNCIL COMMUNICATION
Agenda Item
11 C i
Subject
Powdered Activated Carbon
(PAC) System Building and
an Ammonia Storage Tank
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Water and Sewer Board, at their December 10, 2002 meeting, recommended Council
approval of the PAC (Powdered Activated Carbon) Equipment The Board directed the
Director of Utilities to approve and folW8rd to Council the recommended equipment provider
agreement upon receiving acceptable quotes. Council approved Northland lndustrlal's Norvac
System in the amount of $76,000 for the feed system at their February 18, 2003 meeting.
RECOMMENDED ACTION
At their April 8, 2003 meeting and subsequent phone vote on April 24, 2003 the Englewood
Water and Sewer Board recommended Council approval to construct the PAC system building
and storage area and to construd the ammonia storage tank for the chloranines feed system
at the Allen Filter Plant
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Seasonal a1gae events in the Allen Water Treatment Plant's raw water supplies lead to
complaints of musty tastes and odors from Englewood customers. The City has been ranting
PAC equipment, housed within a trailer, for the past year and have had positive results using
carbon which removes organic material which causes taste and odor problems. Recognizing
the long-term benefit of a permanent system and to elimi1ate the l'9ntal coet of $4,000/month,
the City has decided to build a permanent PAC facllty at the Union Avenue Pump Station.
The recommended purchase is for constructing a new masonry building to contain chemical
storage and feed facilities for the powdered ac:livated carbon lnc:ludlng chemical storage
handling and feed equipment, piping, spill c:ontaiMw1t, melamg, eledrlclll, contr• and
instrumentation. This indudes installation of the pnwioully purchaed PAC feed equipment.
Also part of this bid is the purchase and installation of a 2,500-9alon aqua ammonia llorage
tank and supports with piping modifications in an existing room at the Allen W._ TrNlment
Plant.
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FINANCIAL IMPACT
Due to time constraints, It was decided to request bids from three reputable contraclors
recommended by the project engineer, Carrollo Engineering.
Quotes were received on April 23, 2003 from the following:
Glacier Construcllon Co.
Jennison Construction Co.
Staner Constructors, Inc.
$542,350.00
$819,952.00
$788,000.00
caro11o Engineers evaluated the three contractor's propouls systems and determined that
Glacier Construction Co. in the amount of $542,350.00 beet met the City's epecfflcaliona and
is recommended to construct the faclltles per the design requlntments.
Engineer's estimate was $500,000. $100,000 was budgeted for the ammonia storage tank
building and $150,000 for the PAC building. The remainder Is being financed from the Waw
Fund, Account #40-1601.
UST OF ATTACHMENTS
Bid Sheet
Letter of Recommendallon
Resolution
A RESOLUTION APPROVING CONSTRUCTION OF THE PAC SYSTEM BUILDING AND
STORAGE AREA AND AMMONIA STORAGE TANK FOR THE CHLORAMINES FEED
SYSTEM AT THE ALLEN FILTER PLANT.
WHEREAS, seasonal alpc events in the Allen Wiler Treatment Plant's raw water
supplies lead to complaints from Englewood customcn of musty tastes and odon; and
WHEREAS, to eliminate this problem, the City bas been rentin& PAC equipment, housed
within a trailer, for the past year, and bu bad positive results lllina carbon to remove orpaic:
material causing the taste and odor problems; and
WHEREAS, the City wishes to build a penDIIICllt PAC facility at the Union Avenue
Pump Station and eliminate the cost of $4,000 per month Rlllal COit; and
WHEREAS, the recommended pun:bue is for COlllll'Uctina a new masonry buildina for
chemical storage and feed facilities, piping. spill containment, metering. electrical, controls and
instrumentation, installation of I 2,500pllon aqua ammoaia ltOrage tank and supports with
piping modifications in an exilling room at the Allen Wau:, Trealmellt Pl.inl; and
WHEREAS, due to time constraints, bids were requested from three reputable contnctors
recommended by the project enainecr and Glacier COIIStl'IICtiola Co. wu IOlected a bavina best
met the City's specifications to cODSlnlCt the facilities per tbe daign requiremcnls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY
OF ENGLEWOOD, COLORADO THAT:
Sec;tioq 1, The City Council of the City of Eqlewood bmeby approve1 of Glacier
Construction Co. u the contractor to be hired to COllllnlCl tbe PAC tylllelll buildiq and ltorap
area and to construct the IIIIIDOllia storqe tank for tbe cblanmiDea feed syaem ll tbe Allen Filter
Plant.
Sec;tion 2, The Director ofUtilities is authorized to lip tbe apemen1 between tbe City
and Glacier CODSlnlctioo Co . for COllllnlctioa oftbe PAC syaem II tbe Allen Filter Plant
ADOPTED AND APPROVED this s• day of May, 2003 .
Be,,wlyJ.Bndlbaw,Mayor
Anest :
Loucrishia A. Ellis, City Clcrlt
I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of Resolution No .__, Series of 2003.
Loucrislua A. Ellis
l
COUNCIL COMMUNICATION
Date Agenda Item
May 5, 2003 11 C ii
Initiated By
Deoartment of Finance and Administrative Services I Frank G:-
COUNCIL GOAL AND PltMOUS COUNOL ACTION
The Council has not taken any previous action on this topic.
RECOMMENDED ACTION
Subject
Transfer Funds from the Golf
Course Enterprise Fund to the
General Fund
Staff Source
Director
Staff recommends City Council approve the attached resolution transferring $100,000 from the Golf
Course Enterprise Fund to the General Fund.
The sources and uses of the funds are:
GOLF COURSE FUND
Sgyrg of FYndti
Retained Earnings
YKofFynda;
Transfers Out to the General Fund
GENERAL FUND
Source of Funds;
$100,000
$100,000
Transfers in from the Golf Course Enterprise Fund $100,000
YR of Funds;
Unreserved/Undesignated Fund Balance $100,000
The City of Englewood is required by City Charter to ensure that certain transfers are not made without
proper authorization by City Council. The attached resolution transfers funds to ensure that the City of
Englewood complies with legal restrictions goveming local budgeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The City of Englewood provides various services to its enterprise funds. Examples of these services include
payroll preparation, benefit and personnel administration, accounts payable, lepl repesentation, and
technical support. The apportionment of these costs are calc1Ated and biled to the enterprise funds. This
transfer from the Golf Course Enterprise Fund represents a partial return for these services.
FINANCIAL IMPACT
Th is transfer will reduce the Golf Course Fund's retained nminp bv $100,000 and increue the General
Fund's unreserved/undesignated fund t>.lance bv the ume amount
· LIST OF ATTACHMENTS
Propos d resolution
t
• •
~NO._
SERIES OF 2003
A m,sowTION APPROVING THE TRANSFER. OP PUNDS FROM THE GOLP COURSE
ENTERPRISE FUND TO THE GENERAL FUND .
WHEREAS , the City of En~lewood provides various services to its enterprise funds,
some of which arc payroll preparation, benefit and personnel administration, accounts payable,
legal representation, and technical suppon; and
WHEREAS, the apponionment of these costs are calculated and billed to the enterprise
funds;and
WHEREAS, this transfer from the GolfCoune Enrcrprile Fund represents a panial
return for these services.
WHEREAS, the City of Englewood is required by City Charter to ensure that certain
transfers arc not made without proper audlorizllion by City Council.
NOW, THEREFORE, BE lT RESOLVED BY TIIE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, THAT :
Scctjon I . The City Council of the City of Englewood, Colorado, hereby approves the
following transfer :
GOLF COURSE FUND
sum of f114•;
Retained Earnings
YKo{F1acb;
Transfers Out to the General Fund
GENERAL FUND
So1rce of f11v;
$100,000
$100,000
Transfers in from Golf Course Enterprilc Fund $100,000
YKo{F11ds;
Unrescrved'Undesignated Fund Balance $100,000
Scctjon 2. The City Manager and tbc Director ofFiawc 111d Adminiltralive Services
arc hereby authorized 10 make tbc above clwlaa to tbe budpt.
ADOPTED this 5• day of May, 2003 .
Beverly J. Bndlbaw, Mayor
Attest :
Loucrislua A. Eilts. Cny Clcrlt
t
•
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I, Loucritbia A. Ellis, City Clerk for the City ofl!npwood, Colondo, benby catify tblt tbe
foregoina ii a true copy ofRaohmoll No.~ Series of 2003.
Loucrilbia A. EUil
-
/
COUNCIL COMMUNICATION
Date Agenda Item Subject
May 5, 2003 11 C iii Transfer Funds from the Public
Improvement Fund to the Capital
Projects Fund
Initiated By Staff Source
Department of Finance and Administrative Services I Frank Grvidewicz Director
COUNCIL GOAL AND PREVIOUS COUNOL ACTION
The Council has not taken any previous action on this topic, but the projects for which this transfer is being
made have been previously approved.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution transferring $923,000 from the Public
Improvement Fund (PIF) to the Capital Projects Fund (CPF).
The sources and uses of the funds are:
PUBLIC IMPROVEMENT FUND
Source of bw
Unreserved/Undesignated Fund Balance
UgofFyp
Transfers Out to the Capital Projects Fund
CAPITAL PROJECTS FUND
Source of bw
Transfers in from the Public Improvement Fund
VK of Funds;
Unreserved/Undesignated Fund Balance
$923,000
$923,000
$923,000
$923,000
The City of Englewood is required by City Charter to ensure that certain transfers are not made without
proper authorization by City Council. The attached resolution transfers funds to ensure that the City of
Englewood complies with legal restrictions governing local budgeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The projects for which this transfer is being made are listed on page 185 of the 2003 Oty of Englewood
Budget (attached). The projects are accounted for in the CPF but the funding source Is the PIF.
FINANCIAL IMPACT
This transfer will reduce the PIF's unreserved/undesignated fund balMK:e by $923,000 and lncreMe the
CPF's unreserved/undesignated fund balance by the same amount
LIST OF ATTACHMENTS
Proposed re sol ution, page 185 of the 2003 City of Englewood Budget.
·•·
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)
9vf ulti-')'ear Capital PCan Capital Projects Fund
I Description ·' ... ··::·-·4;--;200:t .. 2oiM \7.\:\ ·.~'.i>:t.· :'~~:J 2007 ., .. 211111 TOIIII I•
}-4 .. :..;._\: ... ~. ..J ..• ::::.:-:..:~_"u. ,.-...
Parks Landscape Renovations j 25,000 25,000 25,000 0 0 75,000
) Appliance Replacement 6,000 6,000 6,000 0 0 0 18,000
Roof & Gutter Repairs· Various 10,000 1?000 12,000 0 0 0 34,000
Garage Doors-Fire Stations 6,000 6,000 6,000 0 0 0 18,000
1 Fluorescent Light Bulb Replacement 15,000 15,000 0 0 0 0 30,000
Computer Assist Oispak:IVMIS Systerr 20,000 45,000 45,000 45,000 0 0 155,000
Lease Pun:hase Optical Recoids Syst, 10,000 10,000 10,000 0 0 0 30,000
] RadioCEAF 0 50,000 50,000 0 0 0 100,000
Eleclronic Fliing System 10,000 10,000 0 0 0 0 20,000
] Replace Ceiling ~ng System 15,000 0 0 0 0 0 15,000
Fire SCBA Replacement Fund 12,500 12,500 12,500 0 0 0 37,500
Park Signage Aeplacement 0 50,000 0 0 0 0 50,000
] Court FIiing System replacement 0 15,000 0 0 0 0 15,000
Addtional Work Spaces 0 10,000 0 0 0 0 10,000
Painl Dud-11.flac Cir 0 30,000 0 0 0 0 30,000
] Acoma Station Fence 0 0 18,500 0 0 0 18,500
Acoma Station Painting 0 0 30,000 0 0 0 30,000
]
Nelwork Development 311),000 330,000 350,000 317,500 385,875 405,1• 2,188,544
Telecomnuicalion Systen9 58.000 80,000 83,000 ee,150 •• 458 72,930 31111,531
Financial & tunlf1 Resoun:es Systerr 197,000 188,975 208,824 219,370 230,338 241,1155 1,298,482
J Library System 22,000 34,125 35,131 37.823 31,504 41,479 210.512
Court System 42,000 48,300 50,715 53,251 55,913 51,708 ....
Penntt Trad<ing Syalem 42,500 44,125 ..... .. , . s,.-54,242 .....
J WeL Page Development & ExpansionC 0 17,200 70,!IO 74.1111 77,7'1'l 81,112 371,322
Oepallmental PC~ 40,000 180,000 180,000 180,000 180,000 11D,ODO l40.GOO
J
HVAC Replacement·Amna Slllion 21,000 0 0 0 0 0 21.000
ShoMr remodet • T ejon llatlon 0 38.0DO 0 0 0 0 38.0DO
Restroom plllitlon ~-Sat: 0 24.000 0 0 0 0 24,000 -Upgrade HV AC Comols-ERC 0 37,000 ' 0 0 0 0 37,000
Krtchen Remodel-T ejon 0 0 15,000 0 0 0 15,0DO
Civic Center Interior Paint & Garpet A« 30,000 15,000 0 0 12,000 8,000 85,000
C"MC Center c.pet Replacemenl 0 40.000 0 0 0 40,000 80.000
Color Copiel/Scanner-Adroo 0 4,D!50 0 0 0 0 4,D!50
Centem,ai Landscapmg 0 50,000 50,000 0 0 0 100.000 -Aecofds ~ System Needl 0 25,000 25.000 25,000 25 ,000 150,000 2!lO,OOO
Ma.'ley Apptanct Replacemenl 0 0 0 14,000 0 0 14,000
EAC K'rtchen A9modll 0 12,000 0 0 0 0 12,000
EAC Conl, AlilWI Ca,ptl ~ 0 0 10.000 0 0 0 10.000
ii least payment . ~ Soollo S.000 0 0 0 0 0 UDO -~.000 1,412.775 1,DI.-1,131.111 1,107.5'il 1,314,0II
NO.
SERIES OF 2003
A IIIIDWl'ION APflll<MNO TIIB 'l'L\NIRII.OI PUNDI Jlc»I UII~
IMPROVEMENT FUND TO THE CAPITAL PROJECTS FUND.
WHEREAS, the City of Englewood requires various repairs, replacement, landscaping,
remodeling and other various services to maintain its departments; and
WHEREAS, the apportionment of these costs are accounted for in the Capital Projects
Fund but the funding source is the Public Improvement Fund; and
WHEREAS, this transfer from the Public Improvement Fund to the Capital Projects Fund
will provide funds for these pwposes; and
WHEREAS, the City of Englewood is required by City cbaner to ensure that certain
transfers are not made without proper authorization by City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby approves the
following transfer:
PUBLIC IMPROVEMENT FUND
S..rgo{f•llda;
Unreserved/Undeaignated Fund Ballace
YKtCf•pd•;
Transfers Out to the Capital Projects Fund
CAPITAL PROJECTS FUND
So,cce ,c f1pd1;
Transfers in from the Public Improvement Fund
use or funds;
Unreserved/Undesignated Fund Balance
$923,000
$923,000
$923,000
$923,000
Sec ti on 2. The City Manager and the Direc tor of Finance and Adminisuativc Services
ar c here by authorized to mak e the above changes to the budpt.
AOOPTED thi s s• day of May, 2003 .
Att est:
Loucri shia A. Elli s, City Clerk
I, Loucrishia A. Ellia, City Clerk for the City of Englewood, Colorado, hereby certify that the
foregoing is a true c:opy of Resolution No . --J Series of 2003.
Loucriahia A. Ellis
COUNOL COMMUNICATION
Date
May 5, 2003
Initiated By. Staff Source:
Department of Public Works Ken Ross, Director of Public Works
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
No previous Council action.
RECOMMENDED ACTION
Staff recommends Council aw tructlon contract in the amount
to Hallmark. Inc. for the West Un on Avenue Bridge Repair project. Staff has revl
qualifications and experience of thi s low bidder, and finds them acceptable.
BACKGROUND, ANALYSIS, AND ALTERNAlMS IDENTIFlm
The City of Englewood has invested tremendous sums of money on bridges In our community.
Reconstruction costs are immense. Therefore, timely maintenance and repairs to bridges can
prevent major deterioration problems from occurring and prolong the lfe of these structures. The
Union Avenue Bridge Is subjected to a large amount of truck traffic. The drainage system was
causing deterioration along the sides of the bridge, and, additionally, the guardrals are
noncompliant with American Association of State Highway and Transportation Officials Standards.
Public Works retained the services of a structural engineer to evaluate and design the
improvements that would remedy the identified structural problems. Lonco Engineering put
together plans and specifications for addressing these issues.
FINANCIAL IMPACT
Staff budgeted S 146,000 in the Public Improvement Fund for this bridge repair project. Halmark.
Inc. provided the low bid of S 102,971. Engineering costs came to $5,500; Conslruetion
Engineering costs are expected to be around $8,500; Construction Contingency wil be covered
under the remaining $29,029, which Is adequate for th is type of project.
Four bids were received for this project, as detailed in the attached Bid Proposal Tabtutlon. The
Engineers Estimate for the project Is S 133,000.50.
UST OF ATIACHMENTS
Bid Pr uposal Tabulation
• t
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WEST UNION AVENUE BRIDGE REPAIRS
BID PROPOSAL TABULATION
Aprll 2', 2003
10:00Lm.
BldderlPlan Holder BaNBld
ENGINEER'S ESTIMATE $133,000.50
KECI COLORADO, INC . s
NEW DESIGN CONSTR.UCilON $107,805.55
HALLMARK, INC. $112,971.10*
AMERICAN CIVll. CONSlllUCIORS $141,113.50
LONCO s
TOWER ONE CONSlllUCl'ION CO. s
TECHNOLOGY CONSlllUCTOltS, INC S121,J63.15
_,
ABC O CONTRACTING, INC. s
ADARAND CONSTRUCTORS s
*Revised after unit price corrected on Bid Proposal.
B1 Is opened by Larry Ninmo
Op,ining witnessed by Don a.tie
Bond Rema,b
ORDINANCE NO .
SERIES OF 2003
BY AUTHORITY
, lll>.ll
INTRODUCEDBYCOUNCll.
MEMBER~~~~~~
AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODE 2000
BY ADDING A NEW SECTION 6 TO CHAPTER 6C, ENTITLED "PROHIBmON ON THE
OPEN CARRYING OF FIREARMS" AND DECLARING AN EMERGENCY.
WHEREAS, the Governor of Colorado signed into law Senate Bill 03-025 conceming the
limitation on the ability of a local government to regulate firearms; and
WHEREAS, the City of Englewood maintains that such regulatiom are better suited to
local regulation; and
WHEREAS, even with a difference of opinion as to the validity of Senate Bill 03-025,
the law allows regulation of the open canying of firearms in buildings and specific areas within
the local government's jurisdiction; and
WHEREAS, City Council wishes to coordinate this Ordinance with Senate Bill 03-025
even though Council's belief is that the State Bill is ovemaching.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
S§!ilm.l. City Council of the City oftbe City ofEnalewood hereby amends the
Englewood Municipal Code 2000 by addin& a new section to rad u follows:
7-'C-6: Proltlbldon OD die Opea Carryiq on,,....,..
The open canying of fuarms is prohibited in the followiq mas within the City of
Englewood except for on-duty Safety Services penonnel.
A. CityCenter, excluding the Alexan Apanment Complex and the Wal-Mart property
Bi-City Wastewater Treatment Plant
Allen Water Treatment Plant and Reservoir
Miller Building
ServiceCenter
Safety Services Center (Police-Fire Buildina)
Englewood Pol.ice Substation
Fox Street Safety Services Building
Acoma Street Fire Station
Tejon Street Fire Station
Malley Senior Center
Recreation Center
Housina Offices 3-460 S. Sherman
Simon Center
Orchard Place
• •
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8. Belleview Park
Cushing Park
Centennial Park
Brent Mayne Field
Jason Park
Romans Park
Bates/Logan Park
Cornerstone Park
Rotolo Park
Duncan Park
Barde Park
Emerson Park
Clarkson/ Amherst Park
Baker Park
Miller Field
Depot Property
Sinclair Pool
Aquatic Center at Belleview
Mary Caner Greenway and Trail
Little Dry Creek Greenway and Trail
Big Dry Creek Greenway and Trail
Nonhwest Grccnbclt and Trail
Southwest Grccnbclt and Trail
Hosanna Athletic Compla
Section 2. Safety C!Nffl, Tbe City Council hereby fiDda, determines, and declans that
this Ordinlllc:e is promulgared under tbe pneral police power of tbe City of Eq1ewooc1, that it ii
promulpted for the health, safety, and welfare oftbe public. and that this Ordinance ii necesuey
for the preservation of health and safety and for tbe procection of public coavenience and welfare.
The City Council funhcr determines that the Ordinance bean a rllional re1alion to tbe proper
legislative object sought to be obtained.
Section 3. Sc:verabjljty. If Ill)' clause, ICDleDCe, parqrapb. or part of this Ordinance or
the application 1hereof to any pcnon or cin:umslancel lball for any nlMOll be adjudpd by a court
of competent jurisdiction invalid, such judplent lball not aft'ect, impair or iDvalidue tbe
remainder of this Ordinance or it applic:atioo to ocher per-. or cin:umltmca.
Section 4. InconsiaJcnt OmiPIPSSI, AU ocher OnlinaDcea or portioa thereof incomistmt
or contlicting with thi Ordinance or any portion hereof are hereby npealed to tbe amd of such
inconsistency or contl1ct .
Sectjon s, E ffcct of regal gr pplifigtjm Tbe rlplll or modifir#im of any pnMlioD
of the Code of the Cuy ofEnpwood by dais Ontinmce lball not....., a1illpilla, dlr,
modify, or change in whole or in pan my pellllly, bfeilln, or lilbilily, .._ c:ivil or c:rimiDal,
which shall have "een incurred under such pn>Vilicm, 11111 adl pnwiliaa 1111111 be 111..t ad Wd
u llill remaining in force for tbe .,..,._ of awaiema aay ad a11,.... acaaa,--.
proceedillp, and pr uticm b tbe mbc:emmt oftbe pmally, fbrflian, or lilllility, • well
'
...
• •
u for tbc purpose of sustainina any judpleat, clecne, or anllr wllida CID or may be...._.,
entered, or Dllde in such ICtioal, IWII, pn1 Medi,., or pna •m
Section 6, Emli1I. Tbe Penalty Pro¥iaiae ofSeclima 1-4-1 EMC lllal1 apply to •:lund
every violalioa of this Onlilllac:e.
Sectjop 7, Rmiakl. All ordiaw:w, or,.. dlmeo( ma ,,i .. or in rmftict bmewida
are hereby repealed to the extent only of IIICb inru 1 • 1 ..:y or cadicl
Sectjop 8 Dcclmsigp gf fm MW City ComciJ lilll'llly IDdl ad.....,.,. drlt dlia
Ordinwc ii necessary for tbc immedi• .... .._ olpablic pn,perty, baldl, pwe ad
safety ad lball be in full fan:e .. eft'ec:t inne1ieMly ............ by .. Cwil.
lnlloduced, rad in IWJ, ad PIIIN OD flnl ....... MID l!awipa;y OnliJace OD die~ day
of May, 2003.
Published as ID Emmpncy Bill for ID Oldiaace oa .. fJ"' day of May, 2003.
ATIEST: llnlrlyJ.Brwt# w,Mayar
Loucrilbia A. Ellis, City Clllt
l,Loucrisbi11A.Ellil,CilyCllltol .. Cilyol•d awl,C I 11,...,~ ....
above ad bqoina is a 11111 copy ola P .... , • Irr a Orf e, iznra ¢ 11 I. ... ill W,
and ..-cl OIi fint radiq OD .. SIii day afMey, 2003.
L a u,i... A. llllil
MEMORANDUM
'IO:
FROM:
DATE:
SUBJBCT:
Council Member Mib Yun:biclt
Sue Carlton Bradshaw, Eucutiw~
May5,2003
Colorado Municipal League Comerence
The Colorado Municipal League of Cities Conference will be held in Pueblo, Colorado, from
June 17-21, 2003. Usted below are anticipated npe1111111 while attending the cont'erence.
Registration
Lodging
Meals
Mileage
Total
If you need additional information, pleue let me know.
Thanks.
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Call to order.
AGENDA FOR
MONDAY, MAY S, 2003
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Invocation. /J i}J/ ~
Pledge of Allegiance. ~
RoflCall. ~ ~/ )~ ( O}jfD.lf')
5. Minutes. ,(/~:;;;;;;;;.:r-COy c..-M-gof Apl 21, 2003. ~
6. Scheduled Visitors. (Pj~mit your presentation to ten minutes.) ~
a. Melissa Chew, from the National Recreation and Parle Association, will be pres IJ.,,. .
honor Mayor Bradshaw with the NRPA Midwest Individual Citation Award. -,rj), ~
Ron Gold ill tfe'~fe;;n~t~ ~o~n ii regarding sales tax J!~l!'.::~~,_ ·
sources. (J _ . .-:.. ~-1-. :;Mt.,
ty Council with a
proclamation issued by the Governor declaring the ~~~J:}j!Y;,L003 as the M~~
of Englewood Jubilee II. (TENTATIVE) Au (/#,l --~.:_ ~~
d G eg Diamond, Dis · irector of Congresswoman Diana DeGette's Office wil be ~
sent to addr i~~~;L~~ Congressional Tribute in honor of ~ glewood rlee--/U-,r~
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Plule note: If you ... ......, ...... ...., .................. Cit ..
(303-762-2415)11 ............................. .......
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CnalNOOIII Ciey c_. ..-
May 5, 2003
Pap:Z
8 . Communblions, Proclamations, and Appointments.
~~ri,,,._-DMI S,-.ce to d>o Boanl of Ad;ntn,ent ond Appo,k f.11'.M'.(J,llA{~~
A proclamation honoring the Heroes of the Blizzard of 2003.~ ~ -
in Enslewood. ~
A letter from Randall Taylor i~ting h resignation from the Alliance for Commerce
9. Public Hearing. (None scheduled)
10. c.4;;:a.. ~/aa/~ . ~ /~f--trdi~es~ ArstReading. Jff"':eJV. . I. CoyncH Bill No, 29 • Recommendation from the Community Development
I A -0 Department to adopt a bill for an ordinance approving an Intergovernmental ~
fl Agreement with Arapahoe Community College/AVS Career and Technical
b.
c.
School for the school year 2003/2004 to build one singl~/'ifl ~ •
Englewood. STAFF SOUia: Janet Grimmett, Houlhlg ,-fr""""' '
ii. Coyng BjH No. 18 -Recommendation from the Community Development
"15epartment to adopt a blU for an ordinance accepting a 25 foot easement and
right of way for the proposed West Caspian Place. STAFF SOURCE: Janet
Grimmett, Housing finance Spedalld. .
iii. Council BUI No. 19 -Recommendation from the Community Development
Dl!panment to adopt a biU for an ordinance authorizing the sale of the property
at 2133 W. Wesley Avenue. STAFF SOURCE: Janet Grimmett, Housing
Finance SpedaHst.
Appr~ Ordinances on Second Reading.
Res'£ons and Motions.
Recommendation from the Community Development Department to adopt a
resolution approving an application for grant funding through the Arapahoe
County HOME Investment Partnerships Act. STAFF SOURCE: Janet Grimmett,
Housing Finance Specialist.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading. '-~~
i. CouncH Bill No, 32 -Recommendation from the Safety Services Department to W ~.
1 -~ /_.,,.(') adopt a bill for an ordinance authorizing the purchase~~}'?~
v 11· V South Fox Street STAFF SOUia~~~ ~-~ /"
and Rick kahm, Capital Prolects • .._ -sr.i u.. r I l ?
Plwe no1r. lfyN ._. • ....__. ... ....., .... ...._, ..... llllllfr .. (l!rtllsJt a
(303-762-2405)11 ...................................... ,.
Englewood City Coundl Agenda
May S, 2003
Pagel
ii. Council Bill No. 30 -Recommendation from the~O..elopmenl fl-0 Oepaftirient approving an Incentive P~e for SportL STAFF SOU11C1:
Lauri Dannemlller, Senior Manapr. / j /'c'i ·
b. Appro~ Ordinances on Second Reading.
c. Resolutions and Motions.
11 1
J.1 i. Recommendation from the Utilities Department to adopt a resolution apprOllint J,J, (} ~ ,S'nstruction of a Powdered Activated Carbon System Bullclng and an~~-~
d),~rage Tank. STAFF SOUICE: SllwMt H. Fonda, DlnclorofUIIIII-. flffl(./Ja,.,,....--
1. Recommendation from the Department of Finance and Admlnanttve Servk:• 0 ~ ..... J,. to adopt a resolution authortzins a T.....,_ of Funds from the Golf Course ~ ~ 0 Enterprise Fund to the General Fl#ld. STAFF~~ ~alawa. 'Y'fll' ~ Dlrec:tar of finance wl A•lnilllatlve s.nlml. f//.NuA(
11,-m. Recommendation from the Department of Finance and~ Servk:•
7) 11 Ao adopt a resolution authortzlns a Transfer of Funds from the Pubic
-{tft~provement Fund to the Capital Projecll Fl#ld. STAFF~~ .L ~ -rr Cryslewlcz, Dlnclor of Flwaa w1 " ..... , .. s.wc.. n vv~
iv. Recommendation from the Department of Pubic Worb to approve. ~ mo11on, k,~1
A 1 • ..,Q a contract for the West Union Avenue Bridp Repair Projecl. Slaff recommencii "":""'
(J.. VI awartln1 the contract to the low STAff --~ loll, DINdorof .... w.ta. .
12. General Discussion. /~~-·
a. Mayor's Choice. ~~
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Call to order ~.m. 1.
2.
3.
Invocation~
Pledge of Allegiance
4. Roll call
Membfrt:
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