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Home My WebLink About2003-07-07 (Regular) Meeting Agenda Packet- ) 0 ·• • - ... · ... • .• l . .. .,. . . ~- . \•' . .. .. . . •• "!-... '•' .• . . ~ .. ',: . . .. •.:.. .. .. . . .. . . . . .. '\. f. '. ~ . ,•. Regular City Council Meeting July 7, 2003 . ,. .. . r ... I I tj ·. ORDINANCE II 'f• /.48, 49, 50, 51, 52, 53, 54, 55, 56, 57 RES0LUT10N 11 ((. {i, {3,~, /,, ' s-/. /. >4,,,/o, ~fl, 63~/. 6/ 61..I y. 69. 10. 71. 72. 73 • 'J \, • ' . .. .. 0 • . .. . . . . . . ~ • .1-. •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Replar Sealion July 7, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :40 p .m. 2. lnvocadon The invocation was given by Council Member Nabholz . 3. PledaeofAllepance The Pledge of Allegiance was led by Mayor Bradshaw. 4. RoU Call Present: Absent: A quorum was present. Also present: 5. Minutes •· Council Members Nabholz, Moore, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw None City Manager Sears City Anomcy Brotzman Assistant City Manager Aahcny City Cln-k Ellis Director Fonda, Utilities Director Eaton. Human Resources Senior Planner Graham, Community Development Director Simpson, Community Development Director Olson, Safety Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 16, 2003. Mayor Bradshaw as ked if there were an y corrections or additions. There were none. Vote results: Aye s : Na ys : Mo ti o n carri ed . 6 . Scheduled Visitors Co uncil Members Nabholz, Moore, Garrett, Wolosyn , Yurchick. Grazulis, Bradshaw None (a) Roxane Mock. 495 1 South Inca Drive. gave each Council member a handout She said I a m here today 10 talk about the issue o f noise in my neighborhood , because my neighborhood is in a rc,idcnt ia l di ,1ric1 that a buts and adj oi ns an industrial di strict We get a fair amount of noise in the t • Englewood City Council July 7, 2003 Page2 evenings ... a fair :imount of noise all the time ... with the railroad, traffic, and so forth. But, specifically, between the hours of 10:00 p .m . and 7:00 a .m., we experience a high level of beeping noise from the waste transfer facility, which is a mile directly west of our home, which is also in Englewood, and some waste collection activities arc conducted along that corridor, adjacent to the residential zone. With respect to the beeping sound that was coming from the waste transfer facility , she said, I have been working with Sergeant Jeff Sanchez and I believe we have come to a resolution on that issue. We aren't sure what to expect at this point, but we arc going to keep our cars open at night for the beeping sounds. So today, I want to focus on the sounds of waste collection activities that arc conducted between the hours of 10:00 p.m. and 7:()() a .m . along the corridor. You can sec on the zoning map that it is the light purple corridor, which runs along the west side of the large residential area. I live in the Belleview Park area ... so it is very close to that corridor. This panicular corridor abuts upon, adjoins, and is adjacent to, various residential districts within the city limits, along that zone. The Englewood Municipal Code Section 6-2-1, paragraphs B and C and Section 6-2-4, clearly express that noise is a serious concern in Englewood and that certain kinds of noise during certain times and in certain places, can, in fact. adversely impact the quality of life of the city's inhabitants. A copy of those references arc in the packet. In reviewing the Municipal Code, with regard to trash collection activities, I found only two paragraphs that pertain to trash collection activities. Those arc also included in your packet for your reference. As written, both of the paragraphs that I am talking about, 5-26-4 and 6-2-5, restrict trash collection activities between the hours of 10:00 p.m. and 7 :00 a.m., either within a residential district or within 300 feet of any hotel or motel within an industrial district. Obviously, from the wording, there is a buffer zone provision of 300 feet for hotels and motels, but no provisions for the houses along that corridor. And in some areas along that corridor, there is a house within 10 or 20 feet of a dumpster that is emptied between 10:00 p .m . and 7 :00 a .m . These activities occur for hours throughout the night and they arc heard for miles away. So, I'm here to ask City Council to consider revising those two paragraphs to include a buffer zone for trash collections that arc within a certain proximity of a residence, regardless of whatever zone it is in . That is basically my statement. She asked if there were any questions. Mayor Bradshaw said very well done. Thank you . Council Member Yurchick said I have a question. I'm not clear ... arc you saying that trash trucks arc running from 10 o'clock at night until 7 :00 in the morning. in an industrial zone, picking up dumpsters? Ms. Mock replied, yes sir . Council Member Yurchick said I didn't realize they ran at those hours. Mayor Bradshaw said I didn't either. Counci l Member Yurchick said I guess I'm not clear on thi s. ls it over the whole period, or is it more toward the morning'? Miss Mock said it is throughout Ille period. I usually hear them starting activities around 12 :30 or 1:30 in the morning and operati ons usually cease around 4 :30/5 :00 a .m. They run the whole route. so they stop, and then you hear c rash. bang, c rash and then you don ·1 hear it for awhile, as they go around their route . I don '1 know if it is just one company or several companies ... .I have no idea . We spoke with Code E nfo rcement ~nd they to ld us that, really. there isn't anything we can do. because that is an industrial zone and there is no law protecting us . •' Mayor Bradshaw said I think we need to have a law for industrial zones that abut residential . Counci l Member Grazuli s sai d I do too. That's not quality living. Council Member Yurchic k asked what.. .a buffer zone or the whole residential zone? Mayo r Bradshaw said no, I th ink the 300 feet makes &ense . t -~. .• . .. . . . . . • • Enalewood City Council July 7, 2003 Pqe3 Ms. Mock said we would like to sec 300 feet or something a little more prohibitive or strict , with regard to residences . The 300 foot buffer zone, is a provision for hotels and motels within an industrial zone . And, of course , trash collection activities, within a residential zone, arc prohibited between 10:00 p.m. and 7;00 a.m . But, she said, for the residences that arc within 20 feet of a dumpster, on the other side of the industrial zone line, the borderline, there is no buffer zone provided. So if there could be at least 300 feet, preferably something more strict, but at least if you would look at that and consider revising that, providing us with some sort of protection. Mayor Bradshaw said we will direct this to our Community Development staff. Thank you so much. Ms . Mock said thank you very much. 7. U111c:heduled Vlslton (a) Bruce McDowell, 3250 South Elati, said this is just a question . In the past, I have addressed the Council on a couple occasions and then stuff happened during the Council meeting that I would like to ask questions about, but I already had my turn up front. Is there any way that someone in the audience could ask questions after the presentations ... just for clarification, argument or whatever? Mayor Bradshaw said I know some Councils do that. .. they have questions from the community before the meeting and also after the meeting . But I don't know of anybody having questions during the meeting. Mr . McDowell said after the meeting would be fine . Then the citizens would not have to wait a month to ask a question . Mayor Bradshaw said in Littleton, they have an open forum at the beginning and at the end of the Council meeting. In Englewood we have scheduled it at the beginning. Mr . McOowcll said I would like the opportunity to speak at the end of the meeting, as stuff will come up under Council business that I would like to have some input on or questions answered . I can't ask about it before I hear it. You know what I mean? It is just something to ponder, I'm not making an issue out of it. I'm just asking the question . Thank you. he said . Mayor Bradshaw thanked Mr . McDowell . 8. Communications, Procla-tions and Appointments (a) A memo from Public Works Director Ken Ross requesting that Council accept Barbara Hodge 's re signation from the Englewood Transportation Advisory Committee was considered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO ACCEPT BARBARA HODGE'S RF.slGNATION FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE. Ayes: Nay s: Moti on carried . Council Members Nabholz, Moore , Garrett, Wolosyn . Yurchick, Grazulis, Bradshaw None COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (b) THROUGH 8 (q). (b) RESOLUTION NO . 51 , SERIES OF 2003 A RESOLUTION REAPPOINTING LAURETI BARRENTINE TO THE ENGLEWOOD LIQUOR, LIC ENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. •· • • Eapwood City Council July 7, 2003 Page4 (c) RESOLUTION NO. 52, SERIES OF 2003 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE ENGLEWOOD CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (d) RESOLUTION NO. 53, SERIES OF 2003 A RESOLUTION APPOINTING BRIAN BLEILE TO THE ENGLEWOOD PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (c) RESOLUTION NO. 54, SERIES OF 2003 A RESOLUTION APPOINTING MIKE CALAHAN TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (t) RESOLUTION NO. 55, SERIES OF 2003 A RESOLUTION APPOINTING HAROLD COOK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. (g) RESOLUTION NO. 56, SERIES OF 2003 A RESOLUTION REAPPOINTING JONATHAN CROWELL TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO. 57, SERIES OF 2003 A RESOLUTION REAPPOINTING JASON FISH AS A YOUTH LIAISON TO THE ENGLEWOOD PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COWRADO. (i) RESOLUTION NO . 58, SERIES OF 2003 A RESOLUTION REAPPOINTING DEBORAH GUINTHER TO THE AU..IANCE FOR COMMERCE IN ENGLEWOOD {ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. U) RESOLUTION NO. 59, SERIES OF 2003 A RESOLUTION APPOINTING DEBORAH HOW ARD TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. {k) RESOLUTION NO . 60, SERIES OF 2003 A RESOLUTION REAPPOINTING CHRISTOPHER JONES AS A YOUTH LIAISON TO THE ENGLEWOOD PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (I) RESOLUTION NO. 61 , SERIES OF 2003 A RESOLUTION APPOINTING CINDA LOSEE TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. {m) RESOLUTION NO . 62 , SERIES OF 2003 Enalewood City COUDdl July 7, 2003 PqeS A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (n) RESOLUTION NO. 63, SERIES OF 2003 • A RESOLUTION APPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. (o) RESOLUTION NO . 64, SERIES OF 2003 A RESOLUTION REAPPOINTING JANET MOORE TO THE ENGLEWOOD CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO. 65, SERIES OF 2003 A RESOLUTION RECOMMENDING SHELLEY THOMPSON FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. (q) RESOLUTION NO . 66, SERIES OF 2003 A RESOLUTION APPOINTING TED V ASILAS AS AN ALTERNATE MEMBER OF THE ALLIANCE FOR COMMERCE IN ENGLEWOOD FOR THE CITY OF ENGLEWOOD, COLORADO. V ate results: Ayes: Council Mcmbcrs Nabbolz. Moore, Garrett. Wololyn. Yun:hick, Grazulis. Bradshaw Nays: None Motion carried. Mayor Bradshaw and Council Member Wol0&yn prcsenled certificates and City pins to the board and commission appointees who were present : Michael Calahan, Harold Cook, Deborah Howard, Margaret McDermott, Janet Moore, Shelley Thompson and Ted Vasilas. Mayor Bradshaw thanked them for coming to the meeting . We look forward to working with you. she said . 9 . Publk Heariaa No public hearing was scheduled before Council. 10. Consent Alfflda COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) and (U) AND 10 (c) (I). (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AOREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY. COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER. AND THE CITY OF ENGLEWOOD . OLORAOO. TO CONDUCT A COORDINATED MAIL BALLOT ELECTION ON NOVEMBER 4. 2003 . • t .. • • Enpewood City Couadl July 7, 2003 Pqe6 (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 46, SERIES OF 2003 (COUNCD.. BD..L NO . 42, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO INCLUDE ACID. (ii) ORDINANCE NO. 47, SERIES OF 2003 (COUNCD.. BILL NO . 43, INTRODUCED BY COUNCIL MEMBER GARRE'IT) AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT AT 4496 SOUTH DELAWARE STREET FOR A RETAINING WALL ALONG STANFORD A VENUE, TO LEVEL OUT THE PROPERTY. AND A PICKET FENCE ON TOP OF THEW ALL . (c) Resolutions and Motions (i) RESOLUTION NO . 67, SERIES OF 2003 A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INFILL, DRIVEWAY ACCESS AND SURFACE VEGETATION IN BROWN'S DITCH ALONG THE S600 BLOCK OF WATSON LANE, LITILETON, COLORAOO. Vote results: Ayes: Nays: Motion carried. 11. Regular Aaeada Council Members Nabholz, Moore, Garrett. Wolosyn. Yurchick, Gnzulis, Bradshaw None (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (Sec Agenda Item 10 -Consent Agenda.) (b) Approval of Ordinances on Scc.:ond Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent Agenda.) (c) Resolutions and Motions (i) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution approving a Collective Bargaining Agreement with the Englewood Employees Association for the years 2004 and 200S . ~ Mayor Bradshaw said this agreement is with about 80% of the people who work here. She said this wu the first group to step up and say yes. we know we have a budget crisis, we expect a zero pcn:cot increase. I just cannot praise this group of people enough. And I know times arc tough and money is tough. but for over 400 employees in our association to do !Mt ... I really. really appreciate iL Pleuc convey that to them, she said . Director Eaton said thank you. • t • • Enalewood City Coundl July 7, 2003 Page7 COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 68, SERIES OF 2003. RESOUITION NO . 68. SERIES OF 2003 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I. 2004 THROUGH DECEMBER 31, 2005 . Vote results: Ayes : Nays : Motion carried . Council Members Nabholz, Moore, Garren, Wolosyn. Yurchick, Grazulis, Bradshaw None Mayor Bradshaw said, again, please tell them thank you so much for stepping 11p 10 the plate and helping us out in a very difficult economic time . Director Eaton said I wi II . (ii) Senior Planner Graham presented a recommendation from the Community Development Department to approve, by motion, a grant application seeking Smart Growth funds from the U.S. Environmental Prolection Agency . He said, boiling it down to about three points, the City is eligible for this funding because we received a pilot grant in 1997 for environmental &'ISCSSmcnt. EPA made, only those cities, eligible for this round of funding . Second, this proposal represents some possible environmental remedies for areas along the Platte River in Englewood and also, third, it represents some economic development opportunities for Englewood. It should be noted that this is a cooperative agreement where the Colorado Brownfield Foundation will be administering the grant. They will be doing the studies and most of the work . Englewood's role, would be an oversight role and a financial role, where we would receive the grant, contract with Colorado Brownfield to do the work and when billed, we would reimburse them for their expenses . Mayor Bradshaw said okay . In res ponse to Mayor Bradshaw , Senior Planner Graham said it is my understanding that John Kent is an interes1ed and willing panicipanl in this . Also , it should be noted that the City of Sheridan has writlen 1he support lener on thi s. so we consider this a partnership in many respects . There are other panners, such as the Uni versity of Colorado. Mayor Bradshaw asked if there were any que stions for Mr . Graham . Counc il Member Wolosy n said I take it that , as with any grant , there will probably be standards that have to be mer , thal chi s reall y will be a decent recycling business. You know the idea of a recycling business can take many forms and I'm just hoping that it is, indeed, a "green" business. Seni or Planner Graham said I should elaborate a liule bit. I've read the proposal that would be submiued to the EPA and one of the intriguing things about the proposal, is the idea that you could mine the tire pile as a reso urce and manufacture things that could be so ld from that and eventually, remove a lot of the tires from 1ha1 sire , whi ch reduce s the threat of so me spontaneous co mbustion. lightning and other things. Ma yor Bradshaw sa id we ha ve alway s had a fear th al if that ever caught on fire, would it ever be put out ? And that is still a fear with the amount of material they have on that site . So thi s would help mitigate that. is tha1 wh at yo u are sa ying? ' .. • • Enalewood City Council July 7, 2003 Pqe 8 Senior Planner Graham said the notion here is that there would be companies, that might be interested in manufacturing something using that kind of raw material on the site and then mining it down to the poi nt where it was no longer there and then managing stock piles of it, that are reasonable, then keeping pace with the manufacturing process, instead of ever accumulating ten million tires again. Council Member Yurchick said so, what are we going to end up with ... a stack of tires there on the site? Senior Planner Graham said the hope is that you would end up with a smaller stack of tires. Council Member Y urchick said there is a big plant out there by Sedalia. My understanding is that he can't rind anybody to buy the material he recycles, which is why his stack is covering tens upon tens of acres. Mr . Graham said the notion with the incubator ... and perhaps it would be useful to have Jessie Silverstein, who is representing the Foundation, discuss it ... but there are opportunities there that an incubator could potentially commercialize. With that, he said, if the Council would be interested, Mr. Silverstein would be a better perwon to address that. Jesse Silverstein said thank you. I am President of the Colorado Brownfield Foundation . We are at 10184 West Belleview Avenue in Littleton. We have been working with the CU Business Advancement Center, at the University of Colorado. And they have been working with their researchers, their scientists and lab techs, and people who arc working to invent and create different processes to use recycled materials. So the idea of the business incubator, that we would use this grant to develop, would be more to develop uses for end products and new ways to use recycled materials. With the hope, he said, of creating more demand for recycled goods, getting those recycled goods into the market fasler and tberd>y helping people to, perhaps. be more efficient as to how fast they can move materials off their site. Along the way, we are also helping grow businesses that will, hopefully, outgrow the incubator and locate nearby here in Englewood. Mayor Bradshaw said I have a concern, because there is a bike trail, there are kayak chutes and there are some pretty nice recreational areas in that area. Would this negatively impact those? And, if so, how? Mr. Silverstein said, actually. the idea is to help them become more efficient in how they use the materials and grow the demand for the materials, so that we can shrink the piles down. And. hopefully, pull those piles back away from the river corridor and help recover some of that open space. So, we are really trying to help them consolidate their operations away from the river. Mayor Bradshaw said okay, that is good enough for me. Co uncil Member Grazulis asked if they won't always keep adding to it. Mayor Bradshaw said I don't know, because they aren't in i,.,corporated Arapahoe County or Sheridan. Mr . Silverstein said they are in the unincorporated area right now. Mayor Bradshaw said they arc in unincorporated Arapahoe County. Council Member Grazulis said, but they would continue to add to those piles? Mr. Silverstein said well. it is their operation, so I can't speak for how they would react, but our hope is that we will add new types of businesses that can better use the materials they have, and so as fast as they add to them we can take them down. Ultimately. what we hope to do, he said. is create a value on their site where they might decide 10 move out of the recycling business and perhaps house some more manufacturing and more production type facilities. Mayor Brads haw asked if there were any other questions. Council Member Yurc h1 c k said I was just concerned that if they are going to be processina materials. they arc g ing to ha ve to ha ve tacks of materials there to process . • • Ensiewood City Coandl July 7, 2003 Pap9 Mayor Bradshaw said, the way I understand it, is that this is not a facility . This is a network of people to use the recycled goods that you are trying to build. Mr . Silverstein said yes . Council Member Yurchick said they would recycle the Oxford Recycling, which in tum, Oxford Recycling will have to increase the size of its piles . Mayor Bradshaw said to meet the demand. Mr . Yurchick said right, that is my concern . Mr . Silverstein said what kind of attracted us to the Oxford site to begin with, was that they have these huge piles, and if you talk to them, they say they are collecting piles because they are waiting for the market to be strong enough so that they can get rid of them . So, he said, we are trying to help that market along. · Mayor Bradshaw said is there any way we can make sure that they don't get any more stuff than they have now? Mr . Silverstein said we are trying to help . I'm not sure I can address a regulatory issue. Council Member Yurchick said I don't see this as an incentive to make the pile go away. I see it as an incentive to maintain the current pile or make it bigger. Mayor Bradshaw said but I think there is hope. Mr . Silverstein said we see it as a pile of raw materials and resources and the University of Colorado wants to bring emerging businesses to this area to utiliz.e those raw materials. We see it as an economic development function , actually . Mayor Bradshaw said and this is for how long? Mr. Silverstein said the grant is a three-year cycle, a three year period . Mayor Bradshaw said then you would be applying for another grant? He replied ~bly. Actually, our first year activities include conducting market analysis and feasibility studies to look at recycle i!Klustries and to identify those users of those goods. Right now. one of the issues in Colorado. is that we don't understand what businesses actually use those malaials. We are suspecting ... and when I say we, I mean the University of Colorado and myself ... that there are a lot of users of ff11terials right now that are actually bringing them in from out of state, because they don't think of themselves as recycled material users . They are just getting their materials from somewhere. And so. he said, part of our feasibility studies to help identify that cluster of industries and refocus them on materials that are available here to help clear them off. ' Mayor Bradshaw thariked him for answering all the questions. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM II (c) (U) -A GRANT APPLICATION SEEKING SMART GROWTH FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY. Mayor Bradshaw asked if there were any comments . Council Member Grazulis said it is for a three-year period . We can decide. Mayor Bradshaw said it is, at least, worth a try. so I will be voting in favor of this . Vole ffSlllts: Ayes : Nays: Motion carried . 12 . General DIKualon Council Members Nabholz, Moore, Garrett. Wolosyn. Gruulis. Bradshaw Council Member Vurchick F.apwood City Coandl July 7, 2003 PqelO (a) Mayor's Choice (i) Mayor Bradshaw said l have a couple of properties that l was going to tum in, but it looks like someone is working on them. They are on Kenyon, and Fox and Oalapago. There are weeds almost to the roof line. It looks like someone is trying to do something, she said. (ii) Mayor Bradshaw said the other thing l had a concern about was that our City Hall property was looking pretty shabby. The weeds are getting very tall. How can we dare cite residents, when we can't maintain our own properties? l have a problem with that, she said, so we need to get those weeds taken care of. City Manager Sears said l understand Rick Kahm has been in touch with them and there is a specific time when that mowing was supposed to have occumd. l don't know if it has. Director Simpson said we can call the new owners. Mayor Bradshaw said okay, so it is not our property, it's theirs, but they need to maintain it, because it is just a mess . (iii) Mayor Bradshaw said kudos to everyone who worked on the 4• of July. You guys were incredible out there. What a nice, nice event. It is nice to be a part of that, she said. (b) Council Members' Choice (i) Council Member Moore: I. He said .regarding tonight's noise and trash issue .. .l would find that very irritating myself. l have heard of some cities with sound restrictions ... that if you can hear the noise 100 yards away, it is too loud. ln this case, he said, I tend to think that even at 300 feet away, I'm still going to hear a dumpster getting slammed on the ground. Mayor Bradshaw said I agree. l gave the information she gave us, to Gary Sears to give to Bob SimpiOII and asked that they please make sure that these guys only pick up trash there before 10:00 p.m. at night and after 7:00 a.m. in the morning. Council Member Moore said that would be one way of doing it, but I would also like to expand it. Do our codes appropriately address motorcycles, cars with thundering music, as well as ice cream trucks? Mayor Bradshaw said we can't measure it . Council Member Moore said if you can hear it a 100 yards away. doesn't that become a more objective standard? Mayor Bradshaw said Director Olson has a response. Director Olson said we have addressed some of these issues that •he lady brought up tonight. We have done some pretty significant work on this already. He asked Sergeant Sanchez to come forward. Sergeant Sanchez said I've spent the better part of the last two months dealing with Ms. Mock in reference to this s pecific issue. Just to let you know, there are actually two issues. The first issue, Ms. Mock brought up in the year 2000, referenced the backup beepers at Waste Management, located at 2400 West Union. which. according to my calculations, is approximately 1.2 miles away from where Ma. Mock li'VU. We did some sound tests on July 28. 2000 from Ms. Mock's propeny and determined that there wu no appn,c:iablc difference with the beeping sound. And that, he said, wu CIIClllially what we concluded at the time. --- • Englewood City Coundl July7,2003 Page 11 Council Member Garren said when you say no appreciable difference, did you mean there was no difference when you were s tanding on her property, that you could still hear it or you couldn't hear it? Sergeant Sanchez said you could hear it, but it didn't have any affect on the sound device we were using . On May 7"' of this year, Ms. Mock called in a noise complaint to the Englewood Police Department and she made reference to a loud crashing sound. It took us, believe it or not, a month ... with everybody working together, trying to determine what this was. We thought initially it was the aquatic parks development there at 1155 West Belleview. We thought that was where it was coming from. We thought it was possibly the train noise, because a lot of times when the trains start up, when they take up the slack between the cars, it makes kind of a loud jolting noise, and so forth . And it was about, almost, a month later exactly, that Ms. Mock called in and said that they had identified the crashing sound. It was, in fact. Waste Management picking up a trash dumpster located in Belleview Park in the south parking lot. I met with Waste Management on June 13"' and asked them if they would no longer pick up that trash dumpster, which they agreed to and which they have ceased doing. But in doing additional research on this issue, he said, it is actually kind of interesting. If you look at a zoning map, the trash dumpster in that particular part of the park, is located in the residential area. The park, if you factor in both Belleview and Cornerstone Park, is actually broken up into three different zones. You have a residential, high density residential and you also have business, and that is part of the problem. So, wc were able to effectively address the one dumpster, because it is within the residential portion of the park. Beyond that, she has additional concerns about the trash collecting on Windermere. If you go from Layton north, which is 4800 south, that is all industrial area. It is not residential, it is industrial. If you go from Layton to approximately the 4900 block of Windermere, mid-block ... the west side of Windermere, that being Belleview Park, that is zoned as residential. So according to the ordinances that we have. Waste Management would not be allowed to pick up trash across the street from a residential area. From approximately mid-block in the 4900 block, all the way down to about the 5200 block of Windermere , the park is zoned business, not residential ... its business. So, therefore, wc cannot enforce the trash collection along Windermere . Right, wrong or indifferent. She was complaining about a car wash there, I believe it is on the northwest comer of Belleview and Windermere. Again I don't know, that is actually in Littleton, I don't know how that's zoned, but I'm going to guess it is probably zoned business, but across the street in Englewood, that's also zoned business, that is why we can't enforce anything across the street. So there is actually quite a few issues. Getting back to the backup bccpcr issue, like I said, as the crow flies, Ms. Mock lives about 1.2 miles away. When we did the earlier sound test back in 2000, we determined that you couldn't pick up, the backup beepers. You could hear them faintly, but it didn't register on the noise meter. So, she said that wc needed to do the sound check from the property line, and she was correct. So, wc did a sound check on the north side of Waste Management and again, there were no violations and the threshold for violations, between 10:00 p.m. and 7 :00 a .m. is 70 dB (A). There arc two types of backup beepers. There is what is called a trilled beeper and then there is another backup beeper sound. It did not exceed the 70 dB (A). So when I told her the res ults , she then said, you need to make the test from the east side of Waste Management. She basically lives due east of Waste Management, so I told her I would do that for her. We have yet to complete that piece of this puzzle, he said, but beyond that I just think it is important that the Council has an accurate understanding of what we can and cannot enforce. We did address the dumpster that was in the park that was zoned residential, but on some level, we arc unable to address any trash collection that occurs on Windermere, where the opposite side of Windermere is zoned as business, which accounts for about two and one half blocks. and that includes the Belleview/Windermere area. Council Member Yurchick asked if there were really that many trash trucks picking up trash at night over :here? I know on the hill, they pretty much run from 8 :00 a .m . to 5 :00 p.m., with a linlc overtime or start at 7 :30 in the morning, but they aren't running around at 10:00 at night ... 12 :00 at night...cmptying dumpsters. Ser3cant Sanchez said, unfortunately, the party that could have answered that question has since left. There was actually a representative from Waste Management here tonight, who could have answered that question. I do know that Ms. Mock essentially was complaining about a loud crashing sound al 4 :00 in the morning and for a month plus, that was really the focus of our efforts. We were trying to determine where t I J • • - Ena)ewood City CouncU July 7,2003 Page 12 that came from . Once we located that and resolved that , then it seemed like it then became a question about the backup beepers and also trash collection on Windermere . Council Member Yurchick asked how far was the crashing noise from her house? Sergeant Sanchez said I think it was fairly close. Again, it was in that south parking lot. The dumpster is toward the north part of that parking lot and I could sec where that would be a problem for residences, because you have residences right there on the cast side of Inca. So, that would be an issue. But again, as the crow flies from her residence to Windermere, it is about .four-tenths of a mile. Council Member Yurchick said so it is more than 300 feet? Sergeant Sanchez said absolutely. 2. He said I enjoyed the business forum on the occupational head tax. The business community ccnainly made a strong showing, and I think they made some really good points. I'm certainly weighing over the issue in terms of both whether or not to proceed and whether or not, if wc do proceed, if $5.00 is the right level. I have a couple questions I would like information on . One is, would it be possible on the head tax to exempt the citizens? First of all, is that even an option, as the premise is that the head tax covers services that they are not otherwise paying ior. So would it even be possible to exempt citizens from the head tax? And if so, what would that do to our cost estimates, the revenue estimates? Mayor Bradshaw said I believe the revenue estimates, correct me if I'm wrong, were based on 22,000 employees. City Manager Scars said yes, 22,000 employees. That is correct. Council Member Moore asked how many of those are Englewood citizens? City Manager Scars said I don't think wc know that. Council Member Wolosyn said I asked that question before and they basically said it would be too much of a quagmire to administer . Mayor Bradshaw said I think we need to go forward with it. Now what form it should take, I don 't know . And I think we need to get some businesses together to help us formulate guidelines and things like that, but maybe we could put a sunset on it . Maybe we could put a sunset on it, when the URA bonds are paid up and then it would drop in half. I don 't know, she said, if you ever get rid of a tax once you establish it. Council Member Wolosyn noted Mr . Moore said he had thoughts about the $5.00. I have too, she said . Council Member Moore said I was wondering ifS3 .00 would make it more tolerable? ls it fairer ? Again, the key point of their argument that registered with me is that I don't want us to do anything that makes doi ng bu si ne ss in Englewood more difficult . cause we will end up shooting ourselves in the foot . This is about preserving services for our citizens, but if, in the long run, wc hinder doing business in Englewood, we really haven't gained anything. So we are trying to guess at that long-term impact. My thought is that I work in Denver and I pay this tax, that's the way the Denver metro area docs it and all wc are doing is leveling ourselves out on the playing field . That was the primary reason I wu comfortable with the tax. Again, I think they made some compelling arguments . One thing that makes Englewood attractive, is the lack of things like the head tax . And that is what I'm still trying to chew through. Is that going to hinder doing business? If it is going 10 hinder do ing business in Englewood, then I'm not sure that it is doing us good in the long run. Can we go down to $3.00? Exempting citizens was one possibility, but it sounds like that is not feasible . I had another question. to get an idea on the table. One of their arguments is that the businesses arc not adequately paying for the services they receive in terms of police procection, ft.re protection , roads . Ccnainl y, one of their arguments is that they generate our sales tax . That it not only covers that , that it more than covers it ... that it subsidizes Englewood . It is a fair argurnenc, he said . .. ,. t ... • • Enpwood City Council July 7,2003 Page 13 Mayor Bradshaw said who pays their sales tax? Council Member Moore said the users, whoever they arc, they arc not just Englewood citizens. But can we target it more to businesses that aren't generating sales tax? Mayor Bradshaw said you know I was thinking. You know the 38 car lots on Broadway just drives me nuts. Perhaps there should be a fee for having car lots. It makes me crazy, she said, we had 31, now we have 38. Council Member Moore said that is one thing I would like to explore. Ms. Wolosyn said I think that is part of the picture. Council Member Moore said we have a much stronger argument that the car lots arc using the finite land of the City and they arc not supporting the services that the City provides. So is there a way wc can distinguish it? You know, maybe we can target businesses that arc not providing sales tax and they arc rcall y using City services. Mayor Bradshaw said so would you be against putting an occupational privilege tax on the ballot? Council Member Moore said I have not made that decision yet. The arguments presented by the businesses were more persuasive than I anticipated. Council Member Grazulis said yes, I concur. Council Member Moore said at the moment I'm not sure that I do support it. Now, the problem thal cats at me is that it means service cuts. That's the hard part. As much as I appreciate the buaincsses inpul ... if wc don't put it on the ballot, there is nothing left. The property tax is not an issue and I confirmed apin with Gary what tht: sales tax on groceries would do and it is nothing. We liave to accept, if wc don't go forward with this, then the only answer is to cut the services wc arc providing. And, he said, I'm not comfortable with that either. Council Member Wolosyn said I was comfortal)lc with the idea of an occupational tax, in the beginning, but when we introduced it, I thought wc were going to be ill the realm of Greenwood Village and Aurora, which is $2.00 on each side. By the way, I think Denver's is $4.00 and $4.7S. Mr. Moore said it is higher than that, I know mine is over $S.00. Ms. Wolosyn said I looked at the form they gave us and maybe it is $S.00 and $S.7S . Assistant City Manager Flaherty S&id it is $4.00 and $S .7S . Council Member Wolosyn said so wc arc higher. Council Member Moore said to be honest if we arc going to do it, we might as well do it at $S .00. Council Member Wolosyn said what about a great big retail place coming in and it is such a competitive market 10 get retail into every municipality in this state right now. It's competitive, she said. Mayor Bradshaw said but where would it come in here? There was discussion about the car lots. Council Member Wolosyn said the reason I support one is that, as the Mayor has said so ofum, wc do want 10 move toward diversifying our economic bases. I know it would not solve our problems, but I thought a small one. something in line with neighboring communities. would put a little more money inro the GcncraJ Fund. That is why I think it would be prudent to research this. she said, and I would hope thal wc can present ii in a way that it isn't punitive, as we arc striving to keep our community healthy . Mayor Bradshaw said one mill on our propcny generates about $430,000.00. So to gel the same bang for the buck, go for a property tax increase of S mills. • • Enpewood City Council July 7, 2003 ~14 Council Member Wolosyn said but thcn businesses would pay more on that. Mayor Bradshaw said yes, they would pay more on that than they would on an occupational privilege tax . So, I don't know, she said. The concern is that wc need to diversify our tax base and I'm not trying to do it on the backs of the business people. That has certainly never been my intent. But the residents of the City have subsidized the businesses services for so long. They pay for fire protection, they pay for this, not that businesses don't, but businesses customers pay the sales tax. So, she noted, it is tough. Council Member Grazulis said I still agree with a lot of Council Member Moore's issues regarding this and his concerns. Until that evening. when the business people came forwud, I was completely going for it and now I am just reconsidering. Mayor Bradshaw noted that that won't be in the ballot issue. City Attorney Brotzman said that is one of the discussions about how and when wc bring forward the ordinances. There arc actually two ordinances. One is a ballot question that needs to move forwud to meet the deadlines to get it on the ballot. The second is the implementation ordinance. The implementation ordinance contains all the exemptions that you arc talking about. Whether you want to do a resident exemption or if you want to do non-profit exemptions. CML has urpd us, he adviaed, that if an employee works in two jurisdictions. to please take that into IICCOUIII. So all of tllOIIC il5UCI would be in the implementation ordinance. We have always thought that needs to pnlC* through ACE and also to get thcir input on making it, administratively, as simple as wc can for them. You know, having an exemption is nice, but you don't want to make it more difficult for them to do the exemption than it is worth. One of the other discussions wc had is that there used to be a minimum that you had to make. Thal has actually been taken out of the ballot language itaelf. It is an exemption that is in the implement.alion ordinance. Right now, we would be taxing people that make $6,000.00 a year. Certainly, to set the level the employee has to pay ... that level needs to be discmsed and set by a rccommcndation. probably by ACE. and then. set by Council at some point. But the question reguding the implementation ordinance, is when do we bring !hat forwud? Do you want to begin discussing that now or do you want to wait until the ballot issue actually passes? And then you move to implement it and you get the voters reaction. Do they want to do this and how do you want to get input on all those exemptions in that process. Mayor Bradshaw said next Monday we get thc budget. which could answer a lot of the concerns you have. We will know what Englewood will look like if this doesn't pass. My thought is that we need to let the people vote. That's my thinking. We can deal with the paniculan later, she said. In response to Council Member Wolosyn, City Attorney Brotzman explained that the dollar amount will be set in the ballot question. Right now the current proposal is $S.Cl0 and SS .00. That actually needs to be in the ballol queslion, we have 10 use thc TABOR language. Mayor Bradshaw said. however, if we arc lhinking about changing that to $3.00 and $3.00. then lets say it and be done wi1h ii . Or wait until the next Business Forum and make that correction afterwards . Council Member Wolosyn said I am leaning more towards $2.00 and $2.00. Council Member Moore said if you wanted to pursue a sunset provision. that would be in the ballot qucsrion. ls 1hat right? City Attorney Brotzman said yes. that would actually be in the ballot tanguqc . Council Member Moore said, Mayor Bradshaw, you made a gr-cal point. One real advanaaa,e or this tax is the diversification of our revenue source. But it seems that the sunset would somewhat be counter to that . Mayor Bradshaw said the only reason I'm thinking sunset. is because we have the URA properties that wc aren't collecring sa le s tax from . I think that is about $700,000.00 to S800.000.00. al this poi•. that we arc t • • F..apwood City Coundl July 7, 2003 Paael5 losing out on, because it is going to the Urban Renewal District. Maybe we could decrease the bead tax as those come on line in 2008? Council Member Wolosyn said this is the point I would like to make. I just read this article about certain kinds of businesses that really aren't productive in the traditional sense. Like governments productivity is never really going to go up . Government has to provide certain services and yet becau&e productivity can make other businesses more profitable ... government and education ... they compele for the market place for workers with these other businesses, that do have the possibility of having greater productivity and greater profit. So, I think we have to look down the road al what we arc handing the next Council. They may just need that $600,000.00 to bring even. So I wouldn't feel comfortable, sunscting, if we are talking about creating a new revenue stream. Mayor Bnidshaw said, also, when we get the permit system set up , we would be able to see what types of businesses cost us all these services. Because I'll !ell you, there are certain busincs&CS in our City that have a lot of police calls. Then there are certain businesses that might not have a police call all year . And then, she said, we could look at a fee for service, if that is what we want to do. Nelll Monday we will have a bigger and more realistic picture of what the budget looks like without this in there. And, are you willing to go to your citizens and say, "okay, the library i1 open four days a week"? We are sorry. What ebe would be looking at? We know about street sweeping. What ocher cuts are we anticipating? City Manager Sean said Code Enfon:emenL Mayor Bradshaw said okay, we won't have Code Enfon:ement, we will have one officer for the City. Are we willing to do those kinds of things or are we willing to say, okay citizens, decide ... do we want this or not. And that is where I am 1111ek, she said, bee.-I understand that the business community i1 vital to our City and always bas been. My family bu bad busineues in Ibis City for years. But. by the same token, we are limited on property tax, becau&eofTABOR. Okay, we have TABOR. Amendment 23 and Gallagher, all together. It is a perfect scenario for us never getting money to run the type of services. to have the quality of life in our City that our ciliD:m daene. Council Member Moore said I absolueely agree and that is why I'm wre&llina with Ibis. I don., want to have to go forward with thole cuts, but I want 101ne beaet dqree of conviction that this is FOCI for the long-term health of the City. He noted it is a good idea for the short-tenn health. but i1 it a FOCI idea for the long-term health? Mayor Bnidshaw said do we want to just make it simple and go for a mill levy increase? Council Member Moore said, certainly, from day one. the concern about that is in n:pnl to the schools. I would support it. but I don't think we would get it. I think not only would we noc get that, he &aid. but we migl.t endanger the schools. Mayor Bradshaw said we have four school districts in the City. Council Member Moore said we have another Forum next week that will be helpful. We will have liOl1le hard budget numbers to stan looking at next week. The only ocher thin& that I'm still cwious about, he said, is whether there is something we could do that is targeted more directly IO non sale& w producing businesses. Is that not a viable option? Mayor Bradshaw said we could change fees . ls that right? City Attomc:y Brotzman said yes. It can't be a tax. it has to be a fee . Mayor Bradww said yes. it has to be a fee. but maybe a S2,.SOO.OO lic:enle fee for the uae ol a car lac in Englewood. That would be a big revenue generator riaht there, she said . Council Member Moore said is that a legitirnaic poilll for discussioo? • • -- Englewood City Coundl July 7, 2003 Pagel6 City Attorney Brotzman said it has to be a legitimate fee and that is what we are going to have to consider. The costs have to be the cost of providing services for that type of business. We have to have that backup to do it. Otherwise , it is a tax . City Attorney Brotzman said you can do a tall. I'm not saying that you can't do a tall, but if it is a tall, you need to take it to the voters. Council Member Yurchick said can we get numbers for the cost of the services we provide the car lots? City Manager Sears said we can take a look at it. Mayor Bradshaw said or we could deal with it with zoning. City Attorney Brotzman said that is going to be problematic now. The State Legislature just prohibited us from using amortization, which we did with day labor businesses. We are now prohibited from doing that with any businesS"'..S except adult. (ii) Council Member Nabbolz asked about the status of the lot at Yale and Broadway, which is right next to Becker's Appliances ... then there is a vacant lot with a chain link fence and then there is a Manial Ans Studio. I don't know if Becker still owns it, she said, and that worries me . 13 . City MU111ff'I Report (a) City Manager Sears said we received a check of approximately $108,000.00, which is a refund from the Denver Metro Baseball Stadium District. It wasn't the $750,000.00 we received last time, he said, but it is $108,000.00. (b) City Manager Sean said staff is puning together their budget. We will have the numbers from June. at next Monday night's meeting and it will be the most recent information. The preliminary budget, or the budget we put out, is with a 10 per cent cut going into 2004. which equals, approximately. the three million that we think we are going to be down. Again. this is without a head tall. I just wanl to re-emphasize that this is still preliminary. It is not comprehensive. We will be bringing the budget to Council, in a comprehensive fashion, in late August ... with a possible work session in early August, but knowing the situation we are in, we are going to give it our best shot. But I just wanted to let Council know. he said, that the magnitude of a three million dollar cut to our budget is going to severely impact the services that we have . There are employees that are somewhat associated with the services. We are only going 10 list services. not employees, but many of them have been informed that those types of positions may not be continued, if the cuts are made and if there is not a new revenue source of some means to fill in. But we will get that to you in our best fashion Thursday night, in the most succinct way that we can. We will be looking for any type of feedback from the Council . We are still in the process and, again, we know the final budget won 't be done until late August. I just wanted to re-emphasize that , he said, but we will ,try to provide the be st picture, fro m the staff level, as 10 where we plan to go and it will be severely impacting the c urrent service s th at we have . Mayo r Bradshaw said I don't think that message came across in Michael Aaherty's presentation at the Open Forum . I think !he message was that we have cul, but when we are talking three million dollan and businesses have, maybe. a $2 ,000.00 profit, that means nothing. Do you see what .I mean? We need to bring some of that information down on a smaller scale. I don't know . We are a full service city, we provide everything ... waler. sewer. streets, police, fire , building permits. But. anyway, my concern is that I do n't want us to wait until the eleventh hour on any of this . I would like this Council to put it in their head s, that on July 2 1 ". ,.-e arc making a decision on the occupational privilege tall, one way or the other . do not think it is my job as an elected representative to make decisions that would stop somebody from vo icing the ir o pinio n o n the ballot. And that is where I'm coming from on that issue. she said . Counc il Member Yurc h1 c k sa id but it doesn 't give everybod y a chance to voice their opinion. t . .. .. • • Enpwood City COUDdl July7,2003 hael7 Mayor Bnidshaw said do we deny OIU' residents a chance IO find an altemllive form of revenue? If we work on it as a committee in reasonablene&s. I don't think so. Council Member Moore said if we put it on the ballot is it a recommendation from Council IO pas the measlU'C or are we just saying we are not telling )'OU which way to go, but here is the ballot question? Mayor Bnidshaw said it is a ballot question ... but we can say, here is ·how Englewood will look if this doesn't pas. Council Member Moore said staff doesn't take politions, but Council does. Mayor Bradshaw said that is right and we ret policy. Council Member Moore said l take it, if we lllllllimously put this on the ballot, IO me that is a IWemClll to our citiz.ena, tbat we are ulrina them IO approve this. Mayor Bradshaw said we will have a picture of what will happen if we don't increase revenues. 14. Clly Attoney'1 Report City Attorney Bn>IZmln did not have any manas ID bring before Council. IS. A~ DSHA W MOVED TO ADJOUllN. The mectina adjoined at 8:50 p.m. -~ 0 ·• • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 7, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, co 80110 0 1. Call to order. rJ: t/o ~ 2. Invocation. /}~r 3. Pledge of Allegiance. ~ 4 . Roll Call. au '7 ~ 5. Minutes. tlffl ?-tJ Minutes from the Regular City Council Meeting of June 16, 2003~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . a. Roxane Mock will be present to address City Council regarding nighttime noise from Waste Management trucks and from the Transfer Facility. Unschtduled Visitors. (Please limi! }'.~Ur _presentation to five mimtt~.) . . , 1 y C • e. 1 a.. 81!/iM-4teMw~1-L-~r,w ./tPP/17()1.)lrl-()l'rDUaNrr-F'OI!.. ,r,~N tJO!MIUAff /JW!.WGJ (!.OfJNt/1..,. f'll6-Ul~GS Communications, Proclamations, and Appointments. . ,l .;-. J a. A memo from Public Works Director Ken Ross requesting that Council accept .bMt. f~ '7-Q Barbar~ Hodge's resi~ation from the Englewood Tran~tion Advisory Committee , , ~t/ '7-0 91'rd.p7' I# OUGJJ ~ A-PPj?Jt; !Tai~ 8 /r 'fJl~IUI Y II ()I~[{_ 'b. A resolution reappointing laure\f Ba'rretflli'ie (o'tfietnglewoocfliqoorU::enstig ~/ Authority. A resolution reappointing Eric Bertoluzzi to the Englewood Cultur~ Arts Commission. PleMe note: If you laaw a 6aliilly wl w4 ...._, ai* •---. ..... !lllllf¥ .. <Jly el C -•••• (303-762-2405)at ................. _., .... _.__ ............ ,... ' • • Englewood 0ty Council Agenda July 7, 2003 Pap2 ~53d. ~e. ~.j$"f. ~~dPg. ~"51h. /?J,u~ i. Rw->59 j. ~+'/,Ok. /Jaoj~/ I. /1o>1;7-m. ~jn. ~o. ~11(6 p. ~;~~q. A resolution appointing Brian Bleile to the Englewood Planning and Zoning Commission. A resolution appointing Mike Calahan to the Englewood Code Enforcement Advisory Committee. A resolution appointing Harold Cook to the Alliance for Commerce in Englewood A resolution reappointing Jonathan Crowell to the Englewood Code Enforcement ~dvisory Committee. A resolution reappointing Jason Fish as a youth liaison to the Englewood Public Library Board . A resolution reappointing Deborah Guinther to the Alliance for Commerce in Englewood. A resolution appointing Deborah Howard to Keep Englewood Beautiful. A resolution reappointing Christopher Jones as a youth liaison to the Englewood Parks and Recreation Commission. A resolution appointing Cinda Losee to the Englewood Transportation Advisory Committee. · A resolution reappointing R. L Lunders to the Englewood Liquor Licensing Authority. A resolution appointing Margaret McDermott to the Alliance for Commerce in Englewood. A resolution reappointing Janet Moore to the Englewood Cultural Arts Commission. A resolution recommending the appointment of Shelley Thompson to the Englewood Housing Authority. A resolution appointing Ted Vasilas as an alternate member of the Alliance for Commerce in Englewood. 9 . Public Hearing. (None scheduled) »- • t ,. • • 0. Englewood City Council Agenda July 7, 2003 Pagel 10. Consent Agenda. (JAtyf '7_ O ~A.n&1r MO/Jfi.b 11) ~fl'l!l)V£-~~r'A6EJJM liUtS . -,rv, a. Applo~afofb'rdinances on First Reading. i"~J I ffr/'f-i/t-f'<J..t i. Council Bill No. 46 -Recommendation from the Englewood Election Comm1ss1on and ihe City Clerk's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Loucrishia EIHs, City Clerk. b. Approval of Ordinances on Second Reading. ()q})Jt/1, i. /hHJ/'7 ii. Council Bill No. 42, amending the Englewood Municipal Code pertaining to graffiti . Council Bill No. 43, approving an Encroachment Permit and Indemnity Agreement for a retaining wall at 4496 S. Delaware Street. c. Resolutions and Motions. Recommendation from the Utilities Department to adopt a resolution approving a License Agreement for Brown Ditch on Watson Lane. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. 11 . Regular Agenda . a. b . c . Appro~f Ordinances on First Reading. Approvp, Ordinances on Second Reading. Resolutions and Motions. ,(), • 61 l /. ()' i. Recommendation from the Human Resources Department to adopt a ~ ctJO resolution approving a Collective Bargaining Agreement with the Englewood /"1..LJn) IJ-Q Employees Association for the years 2004 and 2005. STAFF SOURa: Sue -rr Eaton, Human Resources Director.~ ii . Recommendation from the Community Development Department to 1 _ / approve, by motion, a grant application seeking Smart Growth funds from rp -the U .S. Environmental Protection Agency . STAFF SOUICE: Mn Grahan, { '/IJPH tt/c:..) Senior Planner.~ ' ·:O. -~ • • Englewood City Council Agenda July 7, 2003 Page4 1 2. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. ?J';5l) ~ The following minutes were transmitted to City Council between June 13 and July 3, 2003: Englewood Cultural Arts Commission meeting of May 7, 2003 Englewood Transportation Advisory Committee meeting of May 7, 2003 Englewood Parks and Recreation Commission meeting of May 8, 2003 Englewood Planning and Zoning Commission meetinp of May 20 and June 3, 2003 Englewood Code Enforcement Advisory Committee meeting of May 21, 2003 Englewood Liquor Licensing Authority meeting of June 4, 2003 Plwe IIOlr. If,-...... ......, ....... ...., ................... a, .. , at (303-7'2·2405)al ..... .._. .. .._.., ......... _ .......... ,... •• 1. 2. 3. 4. 5. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 7, 2003 7:30 P.M. Englewood Civic Center· Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. r;_-t/o r/,;t../' Invocation. /7~ Pledge of Allegiance. ~ Roll Call. au '7 ~ Minutes. Minutes from the Regular City Council Meeting of June 16, 2003~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) 7. 8 . a. Roxane Mock will be present to address City Council regarding nighttime noise from Waste Management trucks and from the Transfer Facility. U nsch~duled Visitors . (Please limit y~ur presentation ~o five minuJ~s.l y a.,. 16 /?J,l UJ. 4,(/.!IJCl,l.)E l L..-/!..r-4<.Ur;U) :f PIJ /-;'"/e'AJ/H...-U'fOt.TI/..J.lfr hie tJOl'lllk6~r l>u.11.111..,0 cou~e,1...-m6-V1;.;c,-s Communications, Proclamations, and Appointments. A memo from Public Works Director Ken Ross requesting that Council accept Ba rba ra Hodge's resignation from the Englewood Transportation Advisory ~~ ~ts~~;.~~rae~~;;~;.~·ziti~,~~~~:~:~g -;;--v Au thority. res olution reappointing Eric Bertoluzzi to the Englewood Cultural ,"-rts Co mmissi on. · • • ""'. Englewood City Council Agenda July 7, 2003 Page 2 /!wl'--53 d . ~e. /~-1,q;-f. ~&-15hg. /J»~1h. /JMfo-~i. /J.Mfl59 j . ~-ft;o k. ~l~/1. !1o>bA m . ~jn. ~lttjo. ~-JI~ p . /&#lf(P q . A resolution appointing Br ' 1n Bleile to the Englewood Planning and Zoning Commission. A resolution appointing Mike Calahan to the Englewood Code Enforcement Advisory Committee. A resolution appointing Harold Cook to the Alliance for Commerce in Englewood A resolution reappointing Jonathan Crowell to the Englewood Code Enforcement .A.dvisory Committee. A resolution reappointing Jason Fish as a youth liaison to the Englewood Public Library Board . A resolution reappointing Deborah Guinther to the Alliance for Commerce in Englewood . A resolution appointing Deborah Howard to Keep Englewood Beautiful. A resolution reappointing Christopher Jones as a youth liaison to the Englewood Parks and Recreation Commission. A resolution appointing Cinda Losee to the Englewood Transportation Advisory Committee. A resolution reappointing R. L. Lunders to the Englewood Liquor Licensing Authority . A resolution appointing Margaret McDermott to the Alliance for Commerce in Englewood . A resolution reappointing Janet Moore to the Englewood Cultural Arts Commission . A res olution recommending the appointment of Shelley Thompson to the Englewood Housing Authority. A resolution ap pointing Ted Vasilas as an alternate member of the Alliance for Commerce in Englewood. 9 . Public Hearing. (None sc heduled ) fr Pleue note: If you hawe ii diAbility Md neecl amilla,y ilidl or MWicet, .--nodfy the Cily OIi E•alewood (303-762-2,1()5 ) at ut .g houn i11 •ance OIi WMII Mftlal.,. ....._ 11uink you. • • • En,ilewood City Council Agenda July i, 2003 Page 3 I 0 . Consent Agenda . fm.tyf '1-O A/1-fl-G.-tr. ;Pl PIJF--b m ,1-f'/"JJ)IJE-~JJ<;/iAJ[ A9~/J,4, li£/1!S . -rr"" a. Aiproval of Ordinances on First Reading . 'i( t{ I I f fr ;"i-/;' i-f <!.t b . i. Council Bill No. 46 · Recommendation from the Englewood Election Comm1ss1on and the City Clerk 's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. STAFF SOURCE: Frank Gryglewicz, Director of finance and Loucrishia Ellis, City Clerk. Approval of Ordinances on Second Reading. Council Bill No. 42 , amending the Englewood Municipal Code pertaining to graffiti . ()td-/11/r; ii . Council Bill No. 43, approving an Encroachment Permit and Indemnity Agreement for a retaining wall at 4496 S. Delaware Street. c. Resolutions and Motions. i. Recommendation from the Utilities Department to adopt a resolution approving a License Agreement for Brown Ditch on Watson Lane. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. I I . Regular Agenda . a. b . c. Appropf Ordinances on First Reading. Appro~ Ordinances on Second Reading . Reso lution s and Motions. ) i. Recommendation from the Human Resources Department to adopt a }:,,~ IJJf resolution appro\ing a Collecti e Bargaining Agreement with the Englewood rWrJ.) Employees ssocia tion for the years 2004 and 2005 . STAFF SOURCE: Sue -1 r • l"J -0 Eaton , Human Resources Director. j,;fn-1~ i i. Recommendation from the Community Develo pment Department to , d 1 / approve, b ~ a grant applica tion seeki ng Smart Growth funds from ..,,VjJJ)-(.; -the U .S. En\<ironmen tal Protection gency. STAFF SOURCE: Mark Gndwn, (iJ,,;/-y: 'f«.K~r/,t' <--~ Senior Planner. ?l~ Pluse note: If you !Yn a disability and need Mlllilia,y am or -,,int, .._ notif¥ tM Oly of Enpwoud (30 3-762-2-IOS ) at least .aa houn in advance of wlwtl wmc:.. are Mecled. n..nli you. t .. .. ; . • • Englewood City Council Agenda July 7, 2003 Page 4 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. The following minutes were transmitted to City Council between June 13 and July 3, 2003 : Englewood Cultural Arts Commission meeting of May 7, 2003 Englewood Transportation Advisory Committee meeting of May 7, 2003 Englewood Parks and Recreation Commission meeting of May 8, 2003 Englewood Planning and Zoning Commission meetings of May 20 and June 3, 2003 Englewood Code Enforcement Advisory Committee meeting of May 21 , 2003 Englewood liquor Licensing Authority meeting of June 4, 2003 Pleue note: If you !Yve a dhabilty and need....., Mdl or-. ...... ~ ... Clly al I -1aolNI (JO J.762 -2405) at lust ,II hows in adw._ ol ..... -'cw -MNN. ...... ,-. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session June 16, 2003 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:33 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present : Absent: A quorum was present. Also present: Minutes Council Members Nabholz. Moore. Grazulis. Garrett. Wolosyn, Yurchick. Bradshaw None Assistant City Manager Flaherty City Attorney Brotzman City Clerk Ellis Director Simpson. Community Development Director Ross. Public Works Senior Planner Stitt, Community Development Planner Voboril. Community Development Director Ingle. Information Technology Director Gry1.1lewicz. Finance and Administrative Services Director Olson. Safety Services · ta) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO PPROVE THE IINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 2, 2003. Ma y r Bradshaw explained that the June 2. 2003 Council Meeting was rescheduled to the June 9 , 2003 Spena! Council Meeung due to the lack of a quorum . Vote results: ~l ou o n earned A)C': ay,: Ab tam : Counci l Members Garrett. Wolos~n. Grazulis. Bradsha w one Council Members abholl. Moore. Yurchick 1b 1 COL'SC IL MEMBER GRAZliLIS MOVED, AND IT WAS SECONDED, TO \PPRO\'E THE Ml:\lTES OF THE SPECIAL CITY COUNCIL MEETING OF JUSE 9, lGOJ. ,, t ... • • • - Englewood City Council June 16, 2003 Page 2 ~- ¥0. Ma yo r Brads haw asked if there were any corrections, additions. or comments. There were none . Vote results: Ayes: Nays: Muu o n carried . 6 . Scheduled Visitors Co uncil Members Nabholz. Moore. Garrett, Wolosyn. Yurchick. Grazulis. Bradshaw None {a) Roxane Mock was scheduled to address Council. Mayor Bradshaw said she had a note that Roxane Mock has rescheduled her presentation to July 7'h . (b) Harvey Rothenberg said I'm here to ask you to take the high road regarding traffic control. You see ... l received a ticket on May 21" at 10:25 p.m. in the 4500 block of Federal Boulevard. No w. he said. this is the second time I have received a ticket in the same location. I can't believe I was even speeding. I was beamed at -'9 miles per hour in a 35 mile zone. I teach in the evening at Regis University and come home from 50"' and Federal by taking Federal to Bowles. I believe the speed limit is 40 mile, an hour from where I enter Federal Boulevard. heading south. to the Englewood city limits. south o f Oxford . In fact. heading south on Federal right before Oxford. there is a big sign saying 40 miles an hour. When you go d o wn the hill there is another sign saying 35 miles an hour. You have a patrol car s itting by the downgrade beaming the speed gun at the ones coming down the hill.. .the officer actually told me this. I was actually s topped at a red light at Oxford and Federal. Therefore, I cannot believe that when I s taned up again. that I was speeding right before I was stopped. which is only a few blocks south of the stop light . Now. is this ticket legal? Of course it is . ls it ethical? Absolutely not. Why? If you asked the o fficer who gave me the ticket. I'm sure he will tell you I was not driving carelessly or too fast for traffic. The locatio n of the police car. sitting by the downgrade fr o m Oxford. leads to speculation as to the purpose o f thi s "traffic control." I know for a fact that on Federal from ar least Evans to the Englewood city limits. the speed limit is -'O miles an hour. In Englewood. on Federal. it 1s 35 miles an hour . Once you cross Belleview 11· back up to -'O miles an hour. Why aren't you consistent with ocher municipalities. such as Denver. Sheridan and Littleton"! The las t time I got a tid:et. I was worried about my insurance because there wa, an ice sto rm the evening before and 1 had an accidclll with some major damage. No ticker was 1 ued. bur I knc w the rep.iir o n my car wo uld be in the thousands. I took the opcion of no points and att ended driving school. This wa :i n experieni:e. Most of the "students" were teenagers or young adults. They ,omplained bitterly about the poli ce. calling them names, not worth mentioning or repeating here. and calli ng the court system a kangaroo oun . I thought J~l takc your punishment and be quiet. Yer. I am 66 year, o ld a nd. because o f thi s uclet, I feel the same as 1ho,,c kids. Again. legally correct'! Yes. Morally and ethically'! o Eth u:, 1> a higher ;randard than legaf . Yo u hear stones of individuals not understanding the fine pnnt of .1 contract and arc legally bound. even though II is rnorall) unethinl and is unJu;.t . I las this e, er happened 10 you"! HO\, "o uld )OU feel '! This 1s how I felt :about 1his t1cke1 . ow I en Joy shopping m Englc"ood ''ourh o t Hampden. o n Broad"ay. rhcre arc me of the t)pc of businesses th.11 male tins couniry grc.11. rn.ill. independent bu,1nessc :ind hopcfull they will conunuc to be uc e»rul. I menuo ncd 1h1 . bec.iu,e ho " can I. as an 1nd 1\"ldual. fight back :about something I feel 1s unJu t' l ,·an quu ,hopping m Englc"ood and pend my mune> elsewhere. ehm1nating pr ,Kling sales 1.1,e to Englc:,Hl<l'i I looled O\cr m) ,redn card purchase, fo r the l;asr twehe months. I s.a,e them for o ne pre,1ow. }ear I made pur,ha.-.c::s 111 :6 e tabh hment "llh1n the En1tewood c n y hm1ts . I m;adc a hst 1ur }OU Thi, doe;, 001 10.:lw~ ,a h purch.i.e trom pla c hkc Burger K111g. Ch111.a House. Hamburger t;ind .inJ ne o f m) 1.1,onic . the . II For 1hc Beller 1cc ream parlor. I'm urc I pro,lded sales t:n that e,,eeJeJ the 1 '.:O 00 fine f r th1 11.:l..ct . he :wtd . Englc"ood does a lot for II cmzcns .. ulturall)'. re..-rc.1u1>nall} .ind for ,cm r Im.incl .11 the c,en1s h 1ed in the C111z en. Kid ' tuff. family ruah and ,ummer ,on,ert You ,hl>ulJ be ,er) proud ol the,c e llort Thoe ',11ion;il ... ani lor th&. redc,elopmen, "' 111,krcll.1 'u> 1> "ell. ,ell Je er,eJ I ,tt m ..1 re.:cnt budget. )OU ha,e the 101l ,...,1n11n..-ome for traffi.: t .. .. • • Englewood City Council June 16, 2003 Page3 vio lat io ns ... 2001 -$53-'.3 -'-'.00 rece ived , 2 003 -$600,000.00 anticipated . I'm s ure. beca use o f declining sal es ta x re venue . thi s s um is very important. But ho w important is it ? Why don 't you review ho w thi s mo ne y is colle cted. to see ho w much o f thi s was due to un safe driving and reall y jus tified . rather than ticket s g iven o n a do wngrade fr om a posted speed limit o f 5 miles greater just a few feet fro m the lo wer Englewood s peed limit . which la sts onl y a few blocks and is inc onsistent with speed limits miles before and a ft e r thi s s ho rt st retch o f road . So I am sa yin g. plea,c take the ethi c al and mo ral high road. Please don 't use the e xc use that other muni cipalities do it. Yo u then sound like a lot of the teenagers. who I listen to quite a bi1. Utili ze the fine reputatio n. based upo n yo ur ac compli shments that you have achieved and ho pefull y will continue to achieve . Utilize your public o fficers in a way that they can gain respect, and we. as c itizens can re s pect the law and the court s ystem . After all. a 66 year old person feels cheated because of thi s ticket . But what is wo rse. is what you arc teaching young adults, who lose respect for what should be extremely important to them ... laws and justice. Thank you for yo ur attention, he said, and now I will ans wer any questions or li s ten to any comments you may have . Mayor Bradshaw thanked Mr. Rothenberg . We will take this under advisement. she said. 7. Unscheduled Visitors (a) Larry Wheeler, 31 30 South Washington Street. sai I have been an Englewood home o wner for two and ~ half years. Before I lived in Englewood. l resided for 17 years in a downtown Denver lo ft. I am ve ry happy with my choice to relocate, having first been attracted by the Civic Center improvements and the light rail station. I have been most fortunate to receive assistance from the Englewood Rehab Loan Program and have appreciated the excellent services of Janet Grimmett and Steve Ozburn. Through their guidance. I have upgraded my property to include privacy fencing in my backyard, sewer line upgrades and a new two-car garage. My new home is situated between two propcnies whose o wners like to collect non-working vehicles. That is why I am here tonight to address the members of the City Co uncil . The Englewood Code Enforcement Department has done wonders with my neighbor to the south . A rusted Volks wagen frame no longer rests within view of my dining room window. Abandoned tires . assorted car parts and non-registered automobiles have been moved away from the proximity of my south bo undary, thanks to the good efforts of Officer Caroline Fascruk of the Englewood Code Enfo rcement Department. Unfortunately to the north o f my property is a homeowner who has not been so cooperat ive . S hortl y after I bought my home. a new o wner purchased the home north o f me and has since stored no n-registered. abando ned vehicles in the drive adjacent to my front lawn. The o...-ncr has resisted in,truct ions fr o m the C ode Enforcement Department to securely cover the vehicle . Often times on a windy day. I have fo und the car cover on my lawn. The weeds under the vehicles arc seldom mowed. and a varie ty o f oth e r o bjects are often stored in the bed o f the c urrent truck a nd the adjaccn1 driveway. I a m fa ced with the expense of build ing a boundary fence in m y fro n1 yard, but under current e reg ulatio ns I ma} be prohibited fro m b uilding a fence s uitabl y high e nough 10 block the vi e w o f the a bando ned truck . In the cop,.:s th at I ga ve to the pe o ple . I inc luded acou ple photos o f the truc k that s it s rig ht neltt to my fr o nt yard . I am here 10 enco urage the Cny Counci l. he .aid. to li mn the le ngth of ume any abando ned ve hicle mJ} be stored und er \\rap,. h is one t hing to seek te m porary s1orage fo r a veh icle 1>h ile it is in need o f re~am,. It 1s anoth e r thing IO all o \\ abando ned ,-c hides to take up a permanent home, pa rt ic ul arly whe n th~~ .ire in the fro nt o f a res idence o r 1>i thin sig ht o f neig hbori ng propert y. Possi bl y the C it y Counc il coul d consider a permit p rogram "here o wners arc forced to pay II sleep registratio n fee to keep abando ned vehicle, o n th.:,r pro pert y. The re gistration fee would pa y fo r addi tio nal manpower to enfo rc e the permit prog ra m a nd make further progres in a lre ady on-goi ng prOJCCt S. 10 beautify the cit y and improve the neighborhood c hara ·te r I thank yo u for your time. a nd I e ncourage cont inuing cffons to bea utify our fa ir ~11~ I tru,1 you "111 fi nd menl in my req ue st to hm1t the time that a bando ned vehicle s may be stored o n properu.:, I "ould .:nco urage )OU to cons ider add111 o na l meas ures . he said , to require o wners of abandt>ncd ,eh,de, to a,·cept greater respon,ibilit y for the storage o f no n-1>orlu ng. unregistered ,·chicle on their pwpert~ Tha nk yo u. .i.., .. .. • t • ·- Englewood City Council June 16, 2003 Page-' Mayo r Bradshaw suggested they forward this to the Code Enforcement Advisory Committee, as they are the ones wh o come up with c;hanges like this . Council Member Moore said doesn't our recent legi s latio n cover it? Mayor Bradshaw answered yes. it should cover it, if it was in effect. It is not in effect, yet. It goes into effect July 4'". Council Member Yurchick said there will be no storage in the front yard and it has to be behind a solid fence in the back yard. Mayo r Bradshaw said they can have one that they are working on. Is that correct? City Attorney Brotzman said that is correct. Mayor Bradshaw said we will forward Mr. Wheelers letter to Council Member Yurchick to take it to the Code Enforcement Advisory Committee. Mr. Yurchick is Council's representative on the Committee, she said . (b) Peter Lawrence Vana said I am the attorney for Jerry Beach. Mr. Beach has lived at 2340 West Harvard Avenue for over five years . Unfortunately, there is a vacant lot attached to the back of the property. He recently moved and in order to comply with IRS regulations, he wants to split his lot. He doesn't want to develop the property. You imposed a moratorium in May of 2002 for development. He doesn't want to develop his property. but if he can't split the lot. then he can't sell the single-family dwelling separately from this vacant lot . Now, he has spoken with people from your Planning Department. He ha s spoken with Harold Stitt. who I believe. is sitting in the audience. Mr. Beach doesn't want to develop the property and he doesn't want to contest your moratorium, although your City Attorney. Mr. Brotzman. has not been able to speak to him yet. It is okay to imp<>M: a moratorium and generally. legally. fo r s ix months ... that 's okay. But in this particular case. this has been going on since May of 2002. We arc now in 2003 and you have extended the moratorium until. supposedly. May 24•. and now we understand that yo u have extended it again. What we would like to do. in relation to his particular problem ... because of the tax is s ues ... is to s imply sell the lot . We would be more than willing to put a deed restriction on the property. that the seller would not be able to develop it until the City Council of Englewood has. in fact. de ve lo ped regulations for that development But we simply want to split the lot for sale only. so that he may proceed with his life and go forward. I'll let Mr. Beach speak to you about that. (cl Jerry Beac h s:,id thank you for yo ur time .. .I appreciate it . I don't think my desires arc in con!l,ct wi th th e mo rato rium. in that all I des ire to do is sell. because of my capital gains problem. I want to separate the lo t from the ho me because. of course . it wo uld sell easier. And if I'm not able to sell the lot in the intenm. at lea,t. I wo uldn ·1 s uffer the complete loss. So. he said, I don ·1 believe my interests arc in con!l,ct with the m ratonum a nd I ho pe that you find u the same way. Mr . Vana said. like I a,d . we wo uld be willing to put a deed restrictio n on the sale. What you have to understand. is that. basically. he has a hu ge lo t that goes between two blocks. between Harvard and H1ll s 1de . But when Jerry bought the pro perty. the Hillside portion. that split down the middle of the street, \\Us ,acant. o. he doe n 't want to develop 11. he does n't want to sell it to any developer. he would impl ) be .i;,~mg 1f \\C could ha,c a deed that \\Ould be rcstric 11 vc . ~l•~nr Brad,hJ\\ aid at th1, point. I \\Ill JU>t direct th1 1 uc to our C u y Attornc) ·s office and let them loo ~ at 11 ~I r \'.111.1 ,.11d I \\Ill be m >re than h.1pp~ total~ to Mr . Brotzman and I will call him to mo rrow. .. t ' . . .; -· • • Englewood City Council June 16, 2003 PageS Mayor Bradshaw chanked Mr. Vana and Mr. Beach . 8 . Communications, Prodamations and Appointments (a) A lener from Ronald J . Smith indicating his resignation from Keep Englewood Beauciful was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF RONALD J. SMITH FROM KEEP ENGLEWOOD BEAUTIFUL. Ayes : Motion carried. Nays: Council Members Nabholz. Moore. Garren, Wolosyn, Yurchick, Grazulis, Bradshaw None (b) A letter from David L. Brereton indicating his resignation from the Keep Englewood Beautiful was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF DAVID L BRERETON FROM KEEP ENGLEWOOD BEAUTIFUL. Ayes: Motion carried. Nays: Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grazulis, Bradshaw None Mayor Bradshaw expressed concern about the resignations. Council Member Nabholz said I am real concerned, because all of these commission members work so hard . It winds up that there are five or six people who do the same thing over and over. We downsized the commission, but I think when things come up in their personal lives and commissioners have to resign, maybe we need to take a look ... like you said earlicrthis evening ... if we know of someone who is interested that we should be allowed to interview at a Study Session. instead of waiting for a six month period . Direccor Simpson said one thing is that we actually didn't downsize the commission. We actually still have a fifteen member commission and we have been concerned about this for some time. This is a very · hard working co mmission . It is a volunteer group that works so hard . An idea might be to reduce the size of che commi ssio n down 10 nine members and actually allow those nine members 10 set up subcommittees wich vo lumeer members throughout che community. It might keep a stronger working core group and chcn allow us to keep chose people there a little bit longer. It is an idea, he said . Council Member Nabholz said I'm sorry but I thought we had downsized. Mr. Simpson said no , we had calked about it. we never actually accomplished that . Ma yo r Brad,haw said ma ybe we could downsize it to nine . Directo r Simpso n sa id yes. either seven or nine . Nine would probably be a real reasonable number and whac we co uld d is we could bring forward a proposed ordinance and talk about this . Ma ~o r Bradsh~\\' ai d che o ther ching is that this is a natural for the high school graduation requirement of communic:,, ,en ice o r a middle school hou r credit . I don't know why we couldn 't work with the four ,chool d1 scn c1s in our icy. • .. ; • • Englewood City Council June 16, 2003 Page6 D Council Member Wo losyn said how many are still on the committee ... that haven't resigned"' Council Member Nabholz said nine or ten . Mayor Bradshaw said maybe one more resignation would drop it to nine. My concern is that it is a vital committee. Maybe we could advertise through Neighborhood Watch, she said, that we have vacancies or something like that. .. maybe 1ha1·s a venue. Council Member Garrett said if we get a core of nine, we could, as Mr. Simpson suggested, ask for volunteers for specific projects. They would not be named to the committee. Council Member Nabholz said yes , they would commit 10 certain projects. Mayor Bradshaw noted that some people will participate in a one time event. Council Member Nabholz said that is a good idea. Mayor Bradshaw said I think we can still work with this . it just scared me because of the resignations. 9. Public Hearing No public hearing was scheduled before Council. 10. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 11 . Regular Agenda.) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i) AND 10 (c) (i). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 45, SERIES OF 2003 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER GARRETT) A N ORDINANCE AUTHORIZING A RENEW AL AGREEMENT BETWEEN CENTENNIAL WATER AND SANIT A TlON DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE -DIVERS ION OF REUSABLE RETURN FLOWS OF WATER ." (c) Re so luti o ns and Mo ti ons Ci) CONSTRUCTION CONTRACT. FOR CONCRETE UTILITY 2003. C ON C RETE PROGRAM '.)003 . AND SIDEWALK MISSING LINKS 2003. WITH THOUTT BROTHERS CONCRETE CONTRACTORS IN THE AM'JUNT OF $248, 074.2-4 Vote results: Aye ,: Co uncil Members Nabholz . Moore. Garren, Wolosyn, Yurch1ck. Grnulis. Bradshaw o ne ' ,-:.. .. • • Englewood City Council June 16, 2003 Page 7 Moti o n carried . 11 . Regular Agenda (a ) Approval of Ordinances on First Reading (i} Director Ross presented a recommendation from the Public Works Department to adopt a bill for an ordinance approving an Encroachment Permit and Indemnity Agreement for a retaining wall at 4496 South Delaware Street. He explained that the property owner has constructed a segmental block retaining wall that is immediately adjacent to the sidewalk on Stanford Avenue. It is 20 inches high, but because of its close proximity to the walk, it is beyond our authority. or staffs authority. to administratively approve this. This person has a neighbor that is immediately to the east on Stanford that has done exactly the same thing. This person wanted to level out the lot to make the backyard more usable for his kids LO play . Also. he said, with this encroachment agreement, he will build a fence that's going to be about two feet behind the back walk on top of this wall. It really doesn't make much sense Lo make him lower it or to remove it al this stage. so staff is recommending that you approve this encroachment agreement. If you have any questions. I will be happy Lo answer them. he said, and the owner is in the audience if you have any questions. Mayor Bradshaw said she has no problem with this . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 43. COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT AT 4496 SOUTH DELAWARE STREET FOR A RETAINING WALL ALONG STANFORD AVENUE, TO LEVEL OUT THE PROPERTY. AND A PICKET FENCE ON TOP OF THE WALL . Mayor Bradshaw asked if there was any discussion. There was none . Vote results: Mo ti o n carried . (b} Ayes : Nays: Council Members Nabholz, Moore, Garrett. Wolosyn, Yurchick, Grazulis , Bradshaw None Approval of Ordinances on Second Reading There were no additi o nal items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (c) Re solutions and Motions (i) Senior Planner Stitt presented a recommendation from the Community Deve lo pment Department t0 adopt a resolution approving "Roadmap Englewood : 2003 Englewood Co mprehens ive Plan ." He said it is with a great deal of pleasure that I present to you tonight "Roadmap Englewood : 2003 Englewood Comprehensive Plan." We started on this plan many, many years ago. but in ~arnest. in 2000 shortl y after we mo ved into this building . In August we began a process of establishing so me c 11i zen comm111ee s to help us get this project off the ground. And . along the way we added a few mo re comm ittees a nd c hanged the foc us a bit as we went through and discovered what the community was ,_ . .. ' • t • -- 0 Englewood City Council June 16, 2003 Page8 interested in for its future . We believe thi s document. .. as my Co uncil Communication poi nted out. .. embodies a coll ec ti ve vision of the co mmunity and it al so prov ides for a policy decis io n making guide fo r bodie s ,uc h as the City Co un cil. other land use ves ted authorities and the City Plann ing Commission. amo ng o thers. As a decision mak ing g uide. it is important to realize that thi s d oc ument is very ope n-e nd ed . While it is titled a road map . it gives us the general direc ti on that the City is to move, based o n the expressed vis io n of th e co mmunit y. but it does not supply the specific details , that comes later . when we be gi n to create implementation o r st rategy implementation plans . that shows us exactl y how we are go in g to ge t from point A to point B. This has been a very lo ng proce ss for staff. It ha s been very exciting to work thro ugh this and so metimes very frustrating because o f the amount of time it has taken. When we first started this . he said. I didn't believe it wo uld take the better part o f two years, almost three yea rs, to get this accompli shed . But . the fact of the matter is , the amount of time it has taken. has res ulted in. I think. a quality doc ument and it will stand us in good stead for 20 years . In fact. the success of this doc ument . is not the fa c t that we ac tually have it in our hands right now, but looking back in IO. 15 or 20 years and saying that this doc ument really did push us and focus us in the correct direction. So, I believe that what thi s will give us. is a better handle on how to address development potential within the City. redevelo pment potential within the City and keep the vision o ut there in front of the Council, as well as the community. That is about the extent of my comments, he said. I would like to turn the rest of the pre se ntation over to John Vobo ril , who I have to compliment, because without his able bodied assistance. we would not ha ve thi s document . It's one thing for Council to suggest to the staff to create a Co mprehensive Plan. but to actually put that document into writing, takes a lot of wo rk and witho ut John, yo u wouldn't have thi s in front of yo u, so I will turn it over to John right now . Planner Voboril said to night I have prepared a presentation to give to Council that will give an overview of the Comprehen sive Planning doc ument. if that is agreeable with the Council. The Comprehensive Plan document is divided into two parts. Part I is the Framework and that basically gives the philosophy and rationale behind the plan. It consists of three different sections: Section I-Introduction . Section 2-Current Conditions and Indicators, and Section 3-Comprehensive Plan Vision and Goals, under the auspices of the Common Themes. This sets up the stage for Part II of the document. which is the Comprehensive Plan Elements themse lves . These are ir,dividual chapters that consist of regional cooperation. housing , parks and open space. busi ne ss and employment, transportation. environmental quality and cultural arts. Section I-Int roductio n, begins with presentin g the concept of community assets and challenges. The C ity of Englewood possesses ma ny assets. so me o f which include design and quality, centrality and convenience and infrastructure and netwo rk s. The City also faces a number o f challenges and these include fiscal stress, aging infrastructure, aging homes, working families and fragmented governance. The point of this section is to get across th e idea that the City of Englewood needs to build upon the assets that it has in order to overcome the c hallenges that the C it y faces . And . he said , this document has put together a three -prong strat egy that wi ll help th e City build o n its assets and th en overc o me it s c hallenges . These three strategie s are known as th e three R 's, which arc Re vital ization . Red eve lo pme nt. and Rein ve nti o n. Revitalization strat egies are c ha racterized by the pre se rvation . protection and stabi lizatio n of established nei ghborhood areas . Redevelopment S'r rategies consist of a replacement of deteriorated comm ercial and residential structures. with new developme nts that bring new residents. new employment . new sho pping and entertainment opportunities to the City. And finally. th e third strategy is Rei nve ntion . That is a process of gradually tran sfo rming the image of the City of Englewood over time . This document puts forward an ima ge to seek o ut and ob tain over the ne xt '.!O yea rs ... moving E nglewood towards an image that the Ci ty will be known as a c ity with a strong pedestrian and tra nsi t o rientation . It will be known as a city that ha s public o utdoor spaces. known for a uractive signage. artisti c design elements and devel o pment s c haractaized by multiple stones and mixed uses . Moving on to Section 2. Section 2 prese nts c urrent conditions and indicators for the communu y. Basicall y, he said . it is an investigation of the soc io - eco no mic trends in the communit y ove r the last few years. It presents a number of conclusio ns. I'm not going to go over all th ose conclusions . but I just want to hit upon ju>t a few of them . In terms of housing , the existing ho using stock in Englewood is currently concentrated wi thin the lower middle housing pr ice ranges . Englewood housing stock has cont inu ed to age over time and Englewood homes are relatively ,mall by toda y's standard,. In terms of Park s and Open Space. Englewood lags behind the metro area in ' .-.. .. • • 0 0 Englewood City Council June 16, 2003 Page9 n term, o f o pen s pace. Park s. o pen ,pace and trail s arc hea vily used by Englewood citizens. Demand for re c reati o nal services is highes t amo ng seni ors and yo un g families with children. In terms of Business E mpl oymenl. Englewood's ec ono mic strength is found in the health services and manufacturing sectors. Between 1995 and 2000, sales tax collections in Englewood outpaced the figures for the metro area . However. since '.2001. sales tax collections have dro pped precipitously due to national and regional economic weakness . In terms of transportation, this is probably a no brainer, but Santa Fe Drive, U .S . '.!85 and Broadway are all over designed capacity today. The most dangerous intersections in the City are typically found al o ng Broadway and U.S.285. In terms of environmental quality, the region's air quality has greatly improved since 1990. The City possesses adequate water and wastewater resources and facilities 10 support a population of 50.000. The South Platte River/Santa Fe corridor suffers from the existence of a number of Brownfields properties. And finally , he said, we come 10 Cultural Ans. Englewood has benetitt:d greatly from participation in regional funding for local cultural arts programs . The Englewood market for a regional cultural arts facility compares very favorably with the Arvada Center market. And now, I would like to move on to Section 3, which is the introduction of the Comprehensive Plan Vision and Goals. II first starts out with the Vision for Englewood. Many of the items for the vision of Englewood are very site specific. Also, there are a few items that are not so site specific, and apply to the greater city as a whole . This section starts out with the CityCenter Englewood project and holds that up as a model for redevelopment projects within the City. Then moves on to General Iron Works as the next step in Englewood's process of redevelopment. Future projects that the Comprehensive Plan envisions are areas such as the Oxford Light Rail Station, areas adjacent to CityCenter Englewood. the Broadway co rridor, neighborhood shopping centers, Swedish and Craig Medical Centers, industrial areas, residential areas divided into areas of stability versus areas of change. the South Plate River open space J:Orridor, and then al so lays out visions, in general. for recreation. transportation, environmental quality and cultural arts. The next part of Section 3 is the Introduction of the Comprehensive Plan Goals for the first time and they are categorized under four common themes. These common themes include the Quality of Life. Sustainable Development. Community Infrastructure, Networks. and Resources and finally Regional Cooperation. And so, this is where we are today. We have Pan I and Pan II of the Comprehensive Plan right here 1n front of Council and Yfe hope that you will approve these two parts tonight . I would like 10 say though, that that is not the end of the story. After tonight. after the Council approvc.s the first two parts of the Plan, we will then be moving into Phase 3, Part III of the Comprehensive Plan which is the delineation of the areas of stability versus areas of change. Basically, he said . our plan is to take these goals and objectives out to the greater community ... 10 a series of neighborhood meetings and ask the citizens, given these goals and objectives. where in their community do they see areas that they would like to sec preserved as areas of s tabilit y. and what areas in their neighborhoods would they like to see a lot of change . Then Co mmunity Development will take their input and depict. in a map. the areas of change and the areas o f stabilit y. Then 1ha1 will lead Community Development 10 the fourth phase, which is implementation. The areas o f s tabilit y and areas of change will help Co mmunity Development to focus the right kinds of strat egies o n the se areas. Fo r areas o f s tability, the strategies will mostly be revitalization strategies. such as re ha bilitation, e xpan s io n o f ho me s. tilling in mi ssin g s idewalks , things like that. For areas of c hange, these w ill be strate gies more al o ng th e lines o f redevelo pment o f brand new developments in these areas. Basica ll y, fo r all th e areas o f change , the Communit y De velopment Department will put together a series o f s ma ll area pl ans that will then be brought in front of the Council, approved and then they will be added 10 th is docum e nt. In co nclu sio n, I would jus t lik e 10 say that this process has been quite a lengthy process, it has been a lm os t three years. The last time Englewood had a Comprehensive Plan process was quite a while ago. abo ut '.?~ years ago ... 1979 . I think thi s has been a ver y anticipated milestone in Englewood's journey. The comminee members that served o n all o f o ur co mmittees. did a fantastic job. I think it has come togethe r very. ve ry nice ly. he said and I believe this doc ument will help serve the City of Englewood very we ll over th e next '.!O ycurs. Are there an y que sti o ns ? M ayor Brads haw sa id . excellent presentatio n Jo hn , thank you. And , I have a question. How many people we re invo lv ed'' Mr. Vobo ril said that is a good questi o n, but I'm not s ure ifl can give you an exact figure . M ayo r Brad sha w sa id a ball park. was it like 50 ? He replied , at lea st 50. t .... .. • • Englewood City Council June 16, 2003 Page 10 Mayor Bradshaw noted at least 50 people have already been involved. In response to Mayor Bradshaw. Mr. Voboril said we will probably take a look at four different neighborhoods. probably divided by Council districts. That would probably be a good idea. Mayor Bradshaw suggested using Broadway and Hampden. Mr. Voboril said yes, Broadway and Hampden, that is a good dividing line too. Mayor Bradshaw said it is a beautiful document. Mr . Voboril said thank you. Mayor Bradshaw asked if there were any comments. Council Member Nabholz said it was a lot of hard work. I really appreciate it. It is something I can show my constituents, so thank you . Council Member Wolosyn said I thought it was really exciting and it is a privilege to be involved in this kind of thing. When we came in, they gave us a copy of the old 20-year plan and it was nice to be involved in the next one. I think I said it before, both you and Harold, but especially you, you did a great job with the nuts and bolts, working with the citizens. Mr. Voboril said thank you. Mayor Bradshaw said both of you are to be commended . Excellent job, excellent job. Thank you. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. SO, SERIES OF 2003. RESOLUTION NO. 50, SERIES OF 2003 A RESOLUTION APPROVING ENGLEWOOD COMPREHENSIVE PLAN ENTITLED "ROADMAP · ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE PLAN" WHICH ESTABLISHES THE GOALS AND OBJECTIVES THAT WILL GUrDE THE COMMUNITY. Vote results: Ayes: Nays: Moti o n carried. Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick. Grazulis, Bradshaw None • •••• Ma yo r Bradshaw said we have been asked to pull the next two items, 11 (c) (ii) and (iii). because of co ntractual is s ues . Attorney Brotzman said that is correct. (ii) Re commendation from the Cultural Arts Commission to approve, by motion , the purchase of a sculpture to be placed in the Englewood Parkway traffic circle . (iii ) Rec o mmendati on fr o m the Cultural Arts Commission to approve, by motion. a Professional Se rvices Agreement with the Museum of Outdoor Arts for maintenance of the sculpture to be placed in the Eng le wood Parkway traffic circle . • •••• (iv) Director Ingle presented a recommendation from the Departments of In fo rmat io n Tec hn o logy and Finance and Administrative Services to approve. by motion. the execution of a Sys tem Proc urement Agreement for a Cash Receipting System with Professional Consultancy Englewood City Council June 16, 2003 Page 11 Internati o nal Inc ., in the amount o f S71 .133.00. He explained that this is a contraet for a cash re ceipting/point of sale sy stem. This is what we call one of the orphan capabilities of the financial system that was recently implemented here in the City . Through our process of procuring financial software, he said, we were not able 10 find a vendor that provided a cash receipting system. This is th.: system that is utilized for taking cash over the counter. for accounting . for utility bills. recreation expenses and fees ... what have you . The staff just did not feel the capabilities ... in the software that we saw, where they were able 10 provide an option ... met the needs . So we went out to a new procurement. a process in RFP, and the vendor that is being recommended to Council, PCI, was not only the low vendor, but wu also the vendor that was felt to have the best capabilities for the system. In termS of the enhancements that we anticipate, he said, the current system was developed 20 years ago. like all of other applications ... by a group of programmers, of which one is remaining. and that person will be retiring soon. and we are again under the specter of loss of s upport for that system on the hardware aide as well . The system will provide new capabilities. Currently the staff has 10. realistically. double enter every thin& that comes over the counter from the cash receipting systems into the new financial system. The new 1ystem will be able to transfer the data electronically . It will have bar code scannin1 capabilities. Bar codes will be on the new utility bills that the City will have. Rather than to have to manually enter all the information. it will just scan the information and the process will be more productive. And finally. throup secure Internet technology, we will be able to do credit card validations much more quickly and effectively. Approximately 36 percent of the City's cash receipts come from util ity bills . Therefore. in the fundin1 realm, the Utility Dcpanmem is contributing a sipificant amount for this procurement. Approxi11111ely one-seventh of the cost comes from already budaeted funds and the remainder comes throuah a lease- purchase agreement that is already budaetecl for . Again. this is a capability that was foreseen in the oripnal system procurement. but staff felt that they were beina more dilipt in procuring this acpanue from the financial system. The financial s ystem came in about $600,000.00 below budget. and this is fully funded through funds that were set aside within the multi-year capital program. supplemented by utility funding. I would be happy 10 answer any qucsiion, he said . Mayor Bradshaw asked if there were any questions. Council Member Yurchick said regarding the 36 percent that comes from utility lralllaCliona. la that 36 percent based on dollan or ctu al transactions . Director ln&le uid ICl1lal lralllaCliona. We ar.tually had the re venue division go back an d look at three years worth of receipts. Thinking that the manual effort of processing those receipts was a bener indicator ... we decided to go. hued on the number of over the counter receipts and bills. Mayor Bradshaw asked if there were any more qucSlions. There were none. She thanked Mr. lnate . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv) -THE EXECUTION OF A SYSTEM PROCUREMENT AGREEMENT FOR A CASH RECEIPTING SYSTEM WITH PROFF.SSIONAL CONSULTANCY INTERNATIONAL INC., IN THE AMOUNT OF $71 ,133.00. Ayes : Counci l Memben Nabholz. Moore. Garrett. Wolosyn. Yurchick. Orazul is. Bradshaw Nays : None Moti on ea rned . l ~. General Dlsc:uuion (a ) Mayor·s Choice I 1) M:ayor Bradshaw said I c <I want to relate to you tlus story. I talked to Mike Flahert y br idl . and I thinl he and Bo b Simpso n arc wor1.111 11 on thi s . When we bui lt Trolley Square. what the pubh "a no t a\\are o f. ,.a 1h;i1 ,.e had the tenan ts set up 10 fi ll Trolley Square and they al l ended up Englewood City Council June 16, 2003 Page 12 0. al Mexico and Colorado. Thal was because they would no l move in until King Soopers moved in and King Soopers would nol be released from their lease al Cinderella City by Kravco. So there was a six month delay and we lost all the tenants . and the tenants we had are the ones you see now at Mexico and Colorado. Al 1ha1 lime. she said, they promised lhal they would pul in a simple store. then !hey would upgrade ii. and they have never upgraded it And the store 1ha1 we have in Englewood is now being used as their store for deliveries. because we don ·1 charge a food tax. And so, we have a 101 of people doing their shopping by telephone in lhal King Soopers store. So my hope was thal I had heard they were going to redo the s1ore al Federal and Belleview. I was talking 10 the manager 1oday. because I was shopping ou1 there. and he said lhe renovation is on hold because of some tenanl issues. I said. don't even go !here. We bailed King Soopers ou1. we bough! their lease al 2.5 million dollars in 1983 10 get them to move and now we are having lease issues again. so 1hcy can ·1 expand and our Englewood citizens have substandard King Soopers Sl<Jres. So, I have directed staff, on a Council Request, 10 look into lhis and sec what is going on with King Soopers. Ironically. 1he leasing agenl ou1 at Belleview and Federal is Trammel Crow retail. But my concern is, l lhink thal 1hey have jusl given us lip service and I'm upsel 1hat we lold Wal-Mart that !hey couldn'I put in a Super Wal-Man because we said no groceries. because we were honoring the promise we made 10 King Sooper~ and yet King Soopers ha, yc1 to honor any promises that they have ever made 10 the ci1izens of Englewood. So. I am really disappointed and I do think our citizens deserve a better place 10 shop. And if King Soopers can ·1 provide ii, she said, I lhink we need to find somebody who will. Council Member Nabholz said I !hank you for that I was just thinking about that the other day. We have wailed and wailed and we've lorn down parking s1ruc1ures, and been promised .. .like you say. We didn't have the Super Wal-Mart, which a 101 of people wanted because of the quality of grocery shopping. So, I am glad you have done that, Mayor. Thank you. Mayor Bradshaw said this has been a concern for me. (ii) Mayor Bradshaw said 1he other lhing thal came up was the shooting at the park. I know that ii jusl seems we have had a bunch of them. when maybe we have only had two. But, I had some citizens call and just wonder if our procedures arc okay. Arc we just running into a bad group of people'? I don't know. So, I would like to put that in the form of a Council Request. We bought tasers, righ1? And why weren 't !hey used? I don't understand, she said. Director Olson asked Mayor Bradshaw if she could be very specific in what she wants . Perhaps if you could pul it in writing. it might help . he said. These things come randomly and these arc two different kinds of issues. The first shooting by a cilizen, where our officer was shot, is that what you are asking about? Mayor Bradshaw answered yes, how long ago was that? Director Olson said I think that was back in March. Mayor Bradshaw noted 1ha1 within 90 days, we have had two qifferent police incidents. Director Olson said they were two different s ituations. The guy 1hat was recently shot. had warrants out for him for a variety of things and he is under sedation right now because every time he becomes conscious, he starts anackrng the ,taff over al Swedish . We basically have an armed guard over there '.!4 hours a day, so this is a bad individual 10 begin with . The o ther individual was someone who. basically, had almost no record and there wa s a domestic dispute. The laser wouldn't have mnnered there, because he had barricaded himself in the ho use . Mayor Bradshaw said he came o ut s hooting. Director Olson said ye s. he came out shooting. So I think o ur procedures are actually s1a1e -of-1he-an . We maintain our standards and our model policies are way above the no rm . fl is just that these thing s happen. Sometimes you don't get anything for an extended peri o d of lime and then something like this occurs. So. he said, I'm nol quite sure how to respond to yo u. Mayo r Brads haw said my concern comes from two phone calls I received from different citizens a,kin g tf our training is adequate and wondering if this was an excessive way to solve a problem. I didn't have the an,\\crs fo r them. s he ,aid. Directo r Olson said I'm not sure how we will respond. but we will come up wnh so mething. ' ... .. • • • Englewood City Council June 16, 2003 Page 13 Mayor Bradshaw said we probably need to get the informa1ion out. We know that they arc two separate incident5. Direc1or Olson said 1his last one is still being investigated, so that has to go to the District Allorney. The other one has already gone to the District Auorney and the results have come back on that , I believe. So. Mayor Bradshaw said. we were fine and our polke acted appropriately? Director Olson said we have been cleared o n just about every case we have ever had involving us . We have state-of-the-art equipment so, it is just one of 1hose things and even with the tasers. we don't have enough to have everybody have one for every single incident. So, it is somewhat a voluntary scenario, but this individual just commined an assault. essentially. and he was ready to take on anybody and sounds like he is still that way , because. like I said. he is being sedated right now over at the hospital, until his other injuries arc cleared up . We will put something together and we will talk about it and come up with some way to do it, even though we have an investigation going on with the second one . Mayor Bradshaw said we need to get the information out to the citizens. Director Olson said we will do what we can, but a lot of it is not for public distribution. We will see what we can do. Mayor Bradshaw suggested he work with Neighborhood Watch or something like that. Director Olson said we will discuss it and get something back to Council. Mayor Bradshaw said basically I wanted information about how many times we have had shootings in the last five years and how it was dealt with. Director Olson said statistically we can get that for you for sure. We will get the results of the District Attorney's investigation. As a matter of fact, on this last one, District Attorney Jim Peters was here until 11 :30 at night. being part of the entire investigative process . We will get that all to you and results of each one. Mayor Bradshaw said, thank you. (iii) Saturday. June 28 ... Mayor Bradshaw said there is a sign dedication project for Arapahoe Acres on (iv) Mayor Bradshaw gave kudos to Jerrell Black, Gary Hultberg and Jeff Jones for the All Souls School letter. It is so nice to get something positive about how well the fields arc working for people. Although. she pointed out, there is an odor over there during the games ... every once in a while. It is from the transfer station. I was over watching a couple games this year. she said, and it is pretty nasty. (v) • Mayor Bradshaw offered kudos to Director Simpson's staff for the excellent. e><cellent Comprehensive Plan . Director Simpson said thank you. (b) Council Members' Choice (i) Council Member Grazulis saitl, to follow up on the letter we received from Mr. Michael Trefry about his con,erns regarding Cornerstone Park ... even though his issues need to be taken up with South Suburban, there are issues for the houses over there. with the tow trucks parking there and the trash 1hat is non-contained and it really overflows. Do we work with South Suburban or du they just do it all? Mayor Brad shaw s aid it is their park . They pay us a payment in lieu of taxes every year. We received our SS .000.00 check from Dave Lorenz again . I have a concern. ~he said, about that whole agreement when o ur wa1er park o pens. I want Englewood residents 10 be able to get in. so we arc going to have to revisit that "ith them . (11 ) Council Member Garren : I . He ,aid. regarding encroachment agreements. we know in Englewood our terrain is not flat and we ha,e •II kinds o i people that have 1hings 1hat would. arguably.~ an encroachment agreement and they d1dn·t I.no\\ 1he) needed one. And ma ybe we can come up with some threshold that makes sense ... maybe .1n .1dm1m,1ra11,e proccs as o pposed to alwa)•s ha, mg to come 10 Council for all of these . We have a lot of • • Englewood City Council June 16, 2003 Page 14 non-compliant citizens who don·1 necessarily want to be non-compliant. It makes no sense to me, he said. that we do all this work to bring an encroachment agreement to Council, for something that is fairly minor. Mr. Garrett suggested that we could use an administrative process like we have for variances. Mayor Bradshaw said why not ? Can that happen? Director Simpson said we actually do have an administrative process in place today. There arc certain criteria and it is a two-department process. Director Ross and I both sign off on encroachment agreements. Mr. Simpson asked Mr. Ross about the criteria that brings them forward to Council for approval. Director Ross said we only have the authority to approve fences. walls and signs. So, if we get anything outside of that, then we have to automatically bring those to Council. It has to be at least one foot back of the sidewalk and then on encroachments like signs, they have lo be eight feet above the sidewalk, but they can encroach all the way up to five feet to the back of the curb. So we do have some administrative leeway, he said, but there are some exceptions, like this one, where we don't. Council Members Garrell said what I want to ask is that we review that. Director Simpson said what we can do is review the encroachment agreements. the ordinance and bring some recommendations back to you. Mayor Bradshaw said maybe we can find out what the original rationale was ... if you can find it. What do you think'/ It would be interesting. Because there might be a real legitimate reason we don't see right now . Director Ross said I'll have to be honest with you, as the staff person, it definitely makes things difficult for us when we arc removing or replacing a sidewalk, for fear that we are going to damage the wall. And then the feds are talking about mandating ADA issues ... requiring that all sidewalks be four foot wide. So without that fool. if we get into a situation where we have 10 widen these sidewalks to meet this federal mandate. it is really going to put a burden on us . And so as staff. he said, I'm really not going to be recommending that we allow that. They really need to be the exception rather than the rule. Council Member Garren said I would say the vast majority do not have encroachment agreements today . Ken Ros s said no , they assume that they own all the way up to the back of the sidewalk. Council Member Garren said I don't even know if they just assume that. I think they may just say that they have dirt that falls o n the sidewalk all the time. so I need to put up a barrier to keep that from happening . It is a practical so luti o n, without really thinking of property issues . I think having agreements in place is bener than not having agreements in place. And, he said. by making it easier to get an agreement. so ci uzens are willing 10 ..:o me forward to gel them. we would be a lot better off. Mayor Bradshaw said o ur sidewalks that were built . were before all the ADA regulations . ls that true ? Director Ross said that is true . D1recmr Simpso n sai d we will take a look and bring something back . ~ l\lr . Garren said my second issue is about the gentleman that came in about the speeding ticket. mean I have ,ome sy mpath y. but at the same time . if you get caught in the same place twice. that always give me pau se . Our ctt1zens have requested that we slow the traffic down in Englewood and I think that defeats the purpose and Federal ma y appears to be a major street. but as you go down to that area it is residential , because we have u lot of people coming in and out of the residential communities. Also. he said . fo r the people who are s ull here. I can tell you from my perspective. and Council's perspective. I .. t .. .,. .. ,. Englewood City Council June 16, 2003 Page IS always gel upsel when people say we're doing this because we wanl to inaeasc revenue. That is no11he reason wh y. I think most of us vo1ed fo r s1ric1er enforcemen1 , because people in the City wanted people 10 slow do""· Counc il Member Garren sa id I lake offense when so meo ne come s in and docs 1ha1 , e s peciall y 1he second time . Mayor Bradshaw sa id well yes. 1ha1 is when l quit li ste ning , when he said ii was the second time. Could we draft a leuer from 1he Mayor s 1a1ing those points? (iii) Council Member Moore said a few Council sessions ago, I reponcd a truck and trailer that were parked on Floyd by Roman 's Park, which had been silting there for two or three weeks, but lhe day l made the request 1hey disappeared. But, he said, lhey came back and I swear it has been sitting there for two weeks now , so if we could just look at it. It is on Floyd by Roman's Park. Actually, he said, the !railer has been attached lately. bu1 it is clearly in viola1ion of 1he 72 -hour rule and he is using it for semi -permanent parking. (iv) C o uncil Member Nabholz said I did nol get back to Ken Ross o n my concerns regarding the res urfacing ... it was n'I just the oi l s pill , ii was the whole job, there on Cornell, that was bad . They did res urface Cherokee and Cornell, however, I went to work and came back, and there was a big chunk mi ssing. I thought this company came from out of state, resurfaced and then they left, but they were able to come back several weeks later and res urface. Arc they still working'/ Arc we still resurfacing? Direc tor Ross said yes, there are a number of cities lhat have tagged on with Englewood who have recognized the wonh and value of this system. So this year, they had a pretty extensive program. They did some wo rk in Cherry Hills Village, Sheridan, Littleton and at Heather Gardens. That is the reason they were slill around. They hacl a lot o f additional work. Council Member Nabholz said so they keep their stuff here and transfer it around? Mr. Ross s aid lhey don 't have a base here, but, because they had so much work, they were.s till in town, so we had them take care of some o f those issues. 13. City Manager's Report Mayor Brads haw said we have our Assistant City Manager Michael Flaheny here this evening, because Mr. Sears is par1icipa1ing in the ''Ride the Rockies" tour . Assis1a n1 Ci1y Manager Flaherty did not ha ve any matters to bring before Council. 14 . City Attorney's Report Ci 1y Anorne y Bro lzman did not have any mailers 10 bring before Council. 15 . Adjournment I\IA YOR BRADSHAW MOVED TO ADJOJJRN . The meeting adjourned 11.1 8 :40 p .m. ~fut/.~ • • PLEASE PRINT PUBLIC COMMENT ROSTER DATE: July 7, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES .... NAM....._E _________ AD.....,.D .... R_E ... ss __________ j aac:: • • AGENDA ITEM 8 BOARD AND COMMISSION APPOINTEE SIGN-UP SHEET DATE: .July 7, 2003 PLEASE PRINT NAME MEMORANDUM TO: City Council THROUGH: FROM: DATE: Gary Sears, City Manager ~· Ken Ross, Director of Public Wo June 26, 2003 SUBJECT: RESIGNATION OF ETAC MEMBER BARBARA HODGE AND APPOINTMENT OF CINDA LOSEE I would like to request that City Council accept the resignation of Barbara Hodge from the Englewood Transportation Advisory Committee. Work commibnents were keeping her from being able to attend the ET AC meetings. Cinda Losee, as an alternate member, has been attending meetings regularly since the inception of ETAC. Her appoinbnent to the Committee will insure a very seamless transition. Your consideration of this request is appreciated. /lw Attachment : Email Request c: Dave Anderson Cinda Losee Linda Wilks IECEMD JUN 2 7 1n1 --·-Ul'l'llliilll 111811WODD, CO Ken Ross From: Sent: To: Subject: Ken and Linda, Dave Anderson [dandersonOsciencecompany.com] Tbursday, June 12, 2003 2:15 PM Ken Ross; Linda Wilks Fwd: RE: Your ETAC Resignation I guess this is the best were going to get ... Dave >From: "Hodge, BJ• <BJ.HodgeiHRH.com> >To: 'Dave Anderson• <dandersonisciencecompany.com> >Subject: RE: Your ETAC Resignation >Date: Thu, 12 Jun 2003 13:06:24 -0700 >X-RCPT-TO: <dandersonisciencecompany.com> >Status: U > >Yes, please. > >-----Original Message----- >From: Dave Anderson [mailto:dandersonisciencecompany.com] >Sent : Thursday, June 12. 2003 8:55 AM >To : Barbara Hodge >Cc: Linda Wilks >Subject: Your ETAC Resignation > >BJ, > >ETAC meets tonight and I need to move on the issue of your stepping >down. We'd like to have ·your vacancy filled by July meeting. Shall I >take your last email below as a formal resignation? If you wish to >prepare something else, I need it emailed to me today. > >Sorry to push. > >Dave Anderson > >At 3 :16 PM -0600 6 /10 /2003, Dave Anderson wrote: >>BJ, >> >>You may send a statement of your wish, perhaps with brief >>expl anat i on, to myself and Ken Ross <krossienglewoodgov .org> via >>ema il. Li kely i t will be forwarded to city council for them to >>o ffici a l ly accept, with regrets . >> >>Thank you very much for your participation thus far . Your time is >apprec i ated . >> >>Da v e Anderson >> >>At 1:52 PM -0 7 00 6 /10 /2003 , Hodge, BJ wrote : >>>Da ve. I thoug ht I wou l d be able to attend but it doesn't look good . I >th1nk >>>the b e st thing for the committee is for me to step down . Please let me >know >>>the proper procedure for r esigni ng. >>>Thanks >>> >>>-----Or1gina l Mess age ----- >>>~rom : Dav e An derson [mail t o :danderao~isc i encecompany .com] >>>Sent: Tu esd ay , J une 10 , 2003 1 :32 PM >>>To: Hodge, BJ >>>Subject: RE: ETAC Participation >>> >>>BJ, >>> >>>Do you lcnow if you will be able to attend the meeting Thursday? Or >>>what you intend to do in general? >>> >>>Let me know. >>> >>Dave Anderson 2 RESOLUTION NO . SERIES OF 2003 A RESOLUTION REAPPOINTING LAURETI BARRENTINE TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , Laurett Barrentine is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, Lauren Barrentine's current term expires August 4, 2003; and WHEREAS, Laurett Barrentine bas applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint Laurett Barrentine to the Englewood Liquor Licensing Authority ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Laurett Barrentine is hereby reappointed to the Englewood Liquor Licensing · Authority with her term expiring July I, 2006. ADOPTED AND APPROVED this 7th day of July, 2003. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No ._, Series of2003 . Loucrishia A. Ellis RESOLUTION NO. SERIES OF 2003 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. S, Series of 1996; and WHEREAS, Eric Bertoluzzi applied for reappointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Eric Bertoluzzi to the Englewood Cultural Arts Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Eric Bertoluzzi is hereby reappointed to the Englewood Cultural Arts Commission. Eric Bertoluzzi's term will be effective immediately and will expire July 1, 2006. ADOPTED AND APPROVED this 7th day of July, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2003. Loucrishia A. Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING BRIAN BLEILE TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Brian Bleile bas applied to serve u a member of the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint Brian Bleile to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TIIAT: ~-Brian Bleile is hereby appointed to the Englewood Planning and Zoning Commission with his term effective immediately and expiring February I, 2005. AOOPTED AND APPROVED this ti' day of July, 2003. ATTEST : Beverly J. Bradshaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enalewood. Colorado, hereby certify the above is a true copy of Resolution No.__, Series of 2003 . RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING MIKE CALAHAN TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR 11IE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee advises the Department of Safety Services on activities, enforcement and regulatory matters; and WHEREAS, the Englewood Code Enforcement Advisory Committee wu establisbod by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, Mike Calahan has applied to serve u a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Mike Calahan to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Mike Calahan is hereby appointed to the Enalcwood Code Enforcement Advisory Committee with his term effective immediately and expiring July I, 2005 . ADOPTED AND APPROVED this 7th of July, 2003 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2003. Loucrishia A . Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING HAROLD COOK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood was cstablilbed by the Englewood City Council with the passage of Ordinance No. S, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, Harold Cook has applied for membership of Alliance For Commerce In Englewood; and WHEREAS, there is a vacancy on the Board at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Harold Cook is hereby appointed to Alliance For Commerce In Englewood with his term effective immediately and expiring July 1, 2006. ADOPTED AND APPROVED this .,. day of July, 2003. ATTEST : Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._. Series of 2003 . Loucrisbia A. Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION REAPPOINTING JONA THAN CROWELL TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee fOCllled on the activities and services of code enforcement and regulatory proceucs of the Neighborhood Services section of the Department of Safety Services, the Committee makes rec:ommendation to City Council and to the City Manqer or bis/her designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Jonatban Crowell bas reapplied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to reappoint Jonathan Crowell to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Jonathan Crowell is hereby reappointed to the Englewood Code Enforcement Advisory Committee . Jonathan Crowell's term will be effective immediately and will expire July I, 2005 . ADOPTED AND APPROVED this 7'1' day of July, 2003. Beverly 1. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify die above is a true copy of Resolution No._, Series of 2003 . Loucrilhia A . Ellis RESOLUTION NO. SERIES OF 2003 A RESOLUTION REAPPOINTING JASON FISH AS A YOUTH MEMBER TO THE PUBLIC LmRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Jason Filh bu applied for reappointment to tbe Englewood Public Library Board; and WHEREAS, tbe Englewood City Council daires to reappoint Jason Filh to tbe Eqlewood Public Library Board; and WHEREAS, Jaon Filh meets tbe requirements set forth by City Council for appointment u youth member to the Public Library Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, THAT: Smim.1-Jason Fish is hereby reappointed to Englewood Public Library Board with term expiring July l, 2004. ADOPTED AND APPROVED this 7th day of July, 2003. Beverly J. Bnldlhaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify tbe above is a true cop~ of Resolution No.__, Series of 2003 . Loucrisbia A. Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION REAPPOlNTING DEBORAH GUINTHER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Alliance For Commen:e In Englewood wu established by the Englewood City Council with the pusage of~ce No. S, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood adviaes the Englewood City Council, focusing on the creation of an environment in which existing business can thrive 1111d new business can prosper; and WHEREAS, Deborah Guinther has rapplied to serve u a member of Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to rappoint Deborah Guinther to Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~. Deborah Guinther is hereby rappointed to Alliance For Commerce In Englewood with her term effective immediately and expiring July l, 2006. ADOPTED AND APPROVED this 7th of July, 2003. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A . Ellis, City Cleric I, Loucrishia A. Ellis, City Cleric for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2003. Loucritbia A. Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING DEBORAH HOW ARD AS A MEMBER OF THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council desires to appoint a member to the Keep Englewood Beautiful Commission for the term expiring July 1, 2005; and WHEREAS, Deborah Howard desires to become a member of the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Deborah Howard is hereby appointed as a member of the Keep Englewood Beautiful Commission effective immediately with a term expiring July 1, 2005 . ADOPTED AND APPROVED this 7th day of July, 2003 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Cleric. I , Loucrishia A. Ellis , City Cleric. for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2003 . Loucrisbia A . Ellis RESOLlJTION NO . SERIES OF 2003 A RESOLlJTION REAPPOINTING CHRISTOPHER JONES AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Christopher Jones bu applied for reappointment to the Englewood Parb 111d Recreation Commission as a youth member; and WHEREAS, the City Council desires to reappoint Christopher Jones u youth member to the Parks and Recreation Commisaion; WHEREAS, Christopher Jones meets the requirements set forth by City Council for appointment as youth member to the Parks and Recreation Commission. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. Christopher Jones is hereby reappointed u a youth member to the Parb 111d Recreation Commission with bis tam expiring July I, 2004 . ADOPTED AND APPROVED this 7* day of July, 2003 . ATTEST : Beverly J. Bradshaw, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of EnaJcwood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2003 . Loucrilbia A . Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING CINDA LOSEE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee bu been cstabliabcd u an advisory committee focuacd on trllllportation iuuee in the City of Englewood and shall seek to promote close cooperation bctwcen lhc City, individuals, botinenet, institutions and apncies conccmcd with transportation related activities; and WHEREAS , the Englewood Transportation Advisory Committee was established by tbc Englewood City Council with the passage of Ordinance No. 65, Series of 200 I; and WHEREAS, Cinda Losee bu been an altemale member of Englewood Tnnspor11tion Advisory Committee and now there is a vacancy on that Committee; and WHEREAS, Cinda Losee has applied to serve u a regular member of lhc Enatcwood Transportation Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Cinda Lotce to lhc Englewood Transportation Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Cinda Losee is hereby appointed to lhc Englewood Tnmportation Advilory Committee as a pcnnancnt member with her term effective immediately and expiring February I, 2004. ADOPTED AND APPROVED this 7"' day of July, 2003. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk l;Loucrishia A. Ellis, City Clerk for the City of£nalewoocl, Colorado. benby cenify lhc above is a ttuc copy of Resolution No ._, Series of 2003 . Loucrilbia A. Ellis RESOLUTION NO . SERIES OF 2003 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, R. L. Lunders is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, R. L. Lunden current term expires August 4, 2003; 1111d WHEREAS, R. L. Lunden has applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint R. L. Lunden to the Englewood Liquor Licensing Authority; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-R. L. Lunden is hereby reappointed to the Englewood Liquor Licensing Authority with his term expiring July I, 2006. ADOPT-ED AND APPROVED this 7th day of July, 2003. ATTEST : Beverly J . Bndsjaw, Mayr. Loucrishia A. Ellis , City Cleric I, Loucrishia A. Ellis, City Cleric for the City of Enalew od, Colorado, hereby certify tbe above is a true copy of Resolution No ._, Series of 2003 . Loucriabia A. Ellia RESOLUTION NO . SERIES OF 2003 A RESOLUTION APPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood wu cstablisbed by the Englewood City Council with the puaage of Ordinance No. S, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood advises the Eqlewood City Council, focusing on the creation of ID environment in wbich aisliq buainell can lbrive and new buainea CID prosper; and WHEREAS , Margaret McDmnou bu been Liaison &om Oreala' Englewood Chamber of Commerce to Alliance for Commerce in Englewood; and WHEREAS, Margaret McDermott bu now applied to serve u a member of Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Marpret McDermou to Alliance For Commerce In Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Margaret McDermott is hereby appointed to Alliance For Commcn:e In Enpwood with her term effective immediately and expirina July I, 200S . ADOPTED AND APPROVED this 7th of July , 2003 . Beverly J. Bndlbaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, loucrishia A. Ellis , City Clerk for the City of Englewood, Cokndo, hereby certify the above is a true copy of Resolution No ._, Series of 2003 . loucrilhil A. Ellis, City Cllrlt RESOLUTION NO. SERIES OF 2003 A RESOLUllON REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Janet MOOR is a current member of the Eqlewood Cultural Arts Commisaion with her term expirig July l, 2003; and WHEREAS, Janet Moore baa applied for reappointment to the Eqlewoocl Cultural Art& Commission for another term; and WHEREAS, the Englewood City Council desires to reappoint Janet Moore to the Eqlewood Cultural Arts Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, mAT: ~-Janet Moore is hereby reappointed to the Cultural Ans Commission for the City of Eqlewoocl, Colorado, with her term effective immediately and expiring July I, 2006. ADOPTED AND APPROVED this 7th day of July, 2003. Beverly J. Bradshaw, Mayor ATTEST : Loucristiia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify ibe above is a true copy of Resolution No ._, Series of 2003 . Loucrilbia A. Ellil RESOLUTION NO.~ SERIES OF 2003 A RESOLUTION RECOMMENDING SHELLEY THOMPSON FOR APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there is a vacancy in the Englewood Housing Authority; and WHEREAS, Shelley Thompson bu applied to serve as a member of the Englewood Housing Authority; and WHEREAS, the Mayor desira to appoint Shelley Tbompson as a member of Englewood Housing Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-Shelley Thompson is hereby appointed to the Engle:wood Housing Authority for the City of Englewood, Colorado, with her term effective immediately and expiring July l, 2008. ADOPTED AND APPROVED this 7th day of July, 2003 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A . Ellis , City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the a bove is a true copy of Resolution No ._, Series of 2003 . Loucrisbia A. Ellis RESOLUTION NO . _ SERIES OF 2003 A RESOLUTION APPOINTING TED VASILAS AS AN ALTERNATE MEMBER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD FOR TiiE CITY OF ENGLEWOOD, COWRADO. WHEREAS. Ted Vasilas has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, cum:ntly there are no vacancies on lhia board; 111d WHEREAS, the Englewood City Council desires 10 appoint Ted Vasilas as altenwe member 10 the Alliance for Commerce in Englewood; and WHEREAS, City Council has requested staff to send packets for the Alliance for Commerc:e in Englewood to this alternate member so that he can maintain an understanding of the cunent issues 111d rules; and WHEREAS, while the alternate will not be able IO VOte at the mectinp, he is nevenheleu requested to attend as many meetings as possible to get a feel for the membenhip 111d issues; 111d WHEREAS, Council wishes IO express its gratitude for the volunleerism and service that this individual wishes IO bestow upon the City. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COWRADO, TiiAT: ~-The EnglewOQd City Council hereby appoints Ted Vuilu u altemlle ..mbcr of the Alliance for Commerce in Englewood. ADOPTED AND APPROVED this ,-day of July, 2003 . Beverly J. Bndabaw, Mayor ATTEST: Loucrishia A. Ellis. City Cleric I. Loucrishia A . Ellis . City C1erlt for the City of Enalewood. Colondo. hereby ca1ify the above ia a lnlC copy of Re solution No ._, Series of 200 I. Loucrilbia A. Ellia • • Date July 7, 2003 INmATEDBY Agenda Item 10ai Election Commission/City Clerk's Office Subject Intergovernmental Agreement with Arapahoe County for Coordinated Election Services STAFF SOURCE Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia A. Ellis, City Clerk/Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. RECOMMENDED ACTION Approve, by ordinance, an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 4, 2003 Coordinated Mail Ballot Election. Because of State Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on November 4, 2003. The County has the capability of coordinating this election and including the City of Englewood . The Election Commission agrees that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2003 coordinated election, the City of Englewood must enter into an intergovernmental agreement with Arapahoe County. Staff has reviewed the proposed intergovernmental agreement and concurs with the Comm ission 's recommendation. FINANCIAL IMPACT Since costs are based on several variables , i.e . the number of registered electors in the City of Englewood at the time of the election , the number of ballot questions, the number of entities partic ipating in the election , the financial impact is only an estimate. Based on the known facts , the cost of the 2003 municipal election has been budgeted at $25,000.00. UST OF ATTACHMENTS Pro posed bill for an ord inance Propo sed Intergovernmental Agreement for Coordinated Mail Ballot Election t .. • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED MAIL BALLOT ELECTION ON NOVEMBER 4, 2003 . WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood bu participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electon to conduct a coordinated election for the November 4, 2003 election; and WHEREAS. the Colorado Constitution, Article X, Section 20, requires the production of a mailed notice ('"TABOR" Notice) concerning certain ballot issues that will be submitted to the electon of Arapahoe County and the City of Englewood; and WHEREAS, the TABOR notices of several jurisdictions are to be 1e11t u a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of ' the TABOR notice package to effectuale the purposes of said constitutional section; and WHEREAS . Arapahoe County and the City of Englewood desire to set fonh their respective responsibilities for the coordinated election and. if necessary, for the production and mailing of the TABOR notice package pursU¥l lo the Intergovernmental Agreement NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon 1. The Intergovernmental Agreement for Coordinaled Mail Ballot Election is attached hereto as "Exhibit I". The Intergovernmental Agreement fm Coordillated Mail Ballot Election is hereby accepced and approved by the Eaglewood City Council. Section 2. The Mayor and City clerk are authorized to sip and anest said Agreement fm and on behalf of the City of Englewood. Introduced. read in full. and passed on fant ffildalla on die 1" clay of July . 200J . ' • • Published u a Bill for an Ordinance on the 11 • day of July, 2003. Beverly J. Bndabaw, Mayor Attest: Loucrishia A. Ellis, City Clerk .I, Loucrishia A. Ellis, City Clerk for die City of Eqlewood. Colondo, hereby certify that the a!iove and foregoina is a true copy of a Bill for an Ordinance, introduced, read in fWl, and passed on fint readina on die 7* day of July, 2003. Loucriabia A. Ellis Arapa oe ~Coun!)' ~ Colomdo's First INTERGOVERNMENTALAG~- FOR COORDINA~c!t«fN ARAPAHOECOUNTY NOVEMBER 4, 2003 EXHIBIT 1 This Intergovernmental Agreement is entered into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County") and the City of Englewood (hereinafter referred to as the "Political Subdivisionj. Pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses. The County and Political Subdivision have d~it is in the best interest of the taxpayers ,and the electors to conduct a Coordinatecj\El'~onoli November 4, 2003 and desire to set forth their respective responsibilities for the coordinated election through an Intergovernmental Agreement. Therefore, the County and the Political Subdivision agree as follows: • 1. The November 4, 2003 election shall be conducted by the County as a coordinated election, in accordance with the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended. 2. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official and the Political Subdivision hereby identifies the following penon as it's Designated Election Official: ' Loucrishia A. Ellis, City Clerk 3. The County shall perform the following tasks in relation to said election, to wit a. Provide a copy of the ballot layout and the text of the official ballot to the designated election official for proofreading prior to printing of the official ballots. b. Print and mail the '"TABOR" Notice for the political subdivision. u required pursuant to Colorado Constitution Article X. Section 20, if applicable. c. Provide the Political Subdivision no less the 10 sets of a "test deck" of the jurisdiction's ballot style(s) to allow for testing of electronic vote-counting equipment. d. Publish the required legal notice for the Political Subdivision's ballot questions and c:mdidates , pursuant to 1 & aog(l) C.R.S ., wtpcg is publiabed no later than i.- l -?,5 -I tJ7 (.2.5JC,) ~ ' -~ .. • • days prior to the election and covers all pertinent information required by statute. e. Certify the complete number of registered electors within the Arapahoe County portion of the Political Subdivision no later than October 3, 2003. f. Appoint, compensate, instruct and oversee the judges of election and the board of canvassers. g. Provide unofficial results of the election on election night by telephone or by facsimile transmittal, upon request. h. Maintain a list of actual voters from the November 4, 2003 election, and upon request, generate a list of the persons who voted following the election. The cost will be $.005 (1/2 cent) a name. i. Store all voted ballots for a minimum of 25 months, and all other materials required by law (1-7-802, C.R.S.) to be saved in such a manner as the Political Subdivision, if necessary, may access them to resolve any challenge or other lepl questions that might arise regarding the election. 4. The Political Subdivision shall perform the following tasks in relation to said election, to wit: a. Comply with the provisions of the Uniform Election Code of 1992 (Title 1, Articles 1-13 C.R.S.). b. Submit to the County a copy of the Political Subdivision's map, which corresponds to the County's precinct map, no later than July 28, 2003. c. Publish any required lepl notices, other than the notice required by 1-5-205(1) C.R.S. for the Political Subdivision's candidates and/or ballot questions. d. . Certify to the County Clerk and Recorder a list of candidates, ballot issues and/or ballot questions on a diskette, in Microsoft Word format, along with a paper copy no later than 4:00 p.m. on September 10, 2003. The ballot content must be certified in the order in which it will appear on the ballot. th,: s,gtjfl,d list sb,D be final and the County will not be rpponstble for rneJdns any rheum eftcr the certification, e. Within one day of receipt, proofread the layout and the text of the Political Subdivision's portion of the official ballots before authorizing the printing of all ballots . f. Prepe,e; hand-count, and deliver to the County Clerk the required test deck of ballots for testing the electronic vote-counting equipment, no later than October 20, 2003. g. If applicable, certify the te.'tt as well as a summary of the comments received by the Political Subdivision for inclusion in the ballot issue mailing u required by Section 20 of Article X of the Colorado Conatitution (TABOR. notice) no later than 4:00 p.m. on September 23, 2003. Uc ccmflcd tgt 1b•P ht flnei pd the County will not be r:axmail>lc for rnekius any sbeum tfter tbt f'fflfflradon The process of receiving written comments and summariziq IUCb COIIIIDell1I ii the sole responsibility of the political subdivision. 2 h. Deliver all requests for absentee ballots to the County for processing The requests shall be delivered or faxed daily to the Arapahoe County Clerk and Recorder. i. Provide the County Clerk a certified copy of the property owners within the Political Subdivision who are not Arapahoe County registered voters but would be eligible to vote for the subdivision (only If applicable). j . Remit payment directly to Arapahoe County within 6o days of billing for its prorated share of all costs relating to the coordinated election. The current estimated cost for each ballot packet is approximately $Lio, to be shared by all participating Political Subdlviliona. k. The Political Subdivision shall defend and reaolve at its 10le expense all cballenges relative to the candidates, ballot issues and/or ballot questions as certified to the County for Inclusion In the November 4, 2003 election~ 5. The Political Subdivision avers that it has sufflcient funds available In its approved budget to pay its prorated election expenses for the November 4, 2003 .election. 6. Unless otherwise agreed In writing, this lntergoyernmental Agreement and the Interpretation thereof shall govern the laws of the State of Colorado. 7. Should any provision of this Intergovernmental ~ent be determined by a court of competent jurisdiction to be unconstitutional or · null and void, it is the intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and eft'ect. 8. 'Ibis Intergovernmental Agreement may not be modified, amended or otherwise altered unless mutually agreed upon In writing by the parties hereto. ARAPAHOE COUNIY BOARD OF COMMISSIONERS Debra Vickrey, Chairman A'ITESI': ARAPAHOE COUNIY CLERK AND RECORDER Date Tracy IC. Baker, Coordinated Election Official Date , A.\tE OF POLrl1CAL SUBDMSION Date Authorized Signature Title 3 • (IU)INANCE NO. --- SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO INCLUDE ACID. WHEREAS, individuals are now using acid to etch their graffiti onto windows of local businesses , causing a significant monetary loss to the victim; and WHEREAS , the Code Enforcement Advisory Committee has held mcetinp and heard statements concerning the unlawful use of acid as it relates to the crime of Graffiti and recommends a change in the Graffiti Ordinance to include acid. NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado, hereby authorizes the amendment of Title 7, Chapter 6E, Section 9, to read as follows: 7-6E-9: Possession of Graffiti Materials by Minon Prohibited. It shall be unlawful for a person under eighteen ( 18) years of age to poueu an aerosol paint container, broad-tipped marker, paint stick or graffiti stick, ACID OR SIMILAR SUBSTANCE with the intent to use the implement or material to apply graffiti . Section 2. Safety Clauses . The City Council hereby finds, determines, and declara tbal this Ordinance is promulgated under the general police power of the City ofEn&)cwood. 1h11 it is promulgated for the health, safety, and welfare of the public, and tbal this Ordinance is necesury for the preservation of health and safety and for the protection of public convenience and welfare . The City Council funher determines that the Ordinance bears a rational relation to the proper legi sla tive object sought to be obtained. Section 3. Severability . If any clause, sentence , paragraph. or pan of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudpd by a court of competent jurisdiction invalid, such judgment shall not affect. impair or invalidale the remainder of this Ordinance or it application to other persons or circumstances . Section 4. Inconsistent Ordjnanccs, All other Ordinances or poniom tbereof incoasistcllt or conflicting with thi s Ordinance or any ponion hereof are hereby repeaJed to the uteot of ,ucll inconsistency or conflict. Section 5. Effect of repeal or modiflcNIQD , The rq,eal or modificalion of any provision of the Code of the City of Englewood by this Ordinance shall not release , Clluapish. alter. modify , or change in whole or in p n any penalty . forfctl\lff , or habdity. either civil or cnminal, t .. .. .. • • which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. ~ The Penalty Provision of Section 1-4-I EMC shall apply to each and every violation ofthis Ordinance. Introduced, read in full and passed on first reading at the special meeting of City Council on the 9th day of June, 2003. · Attest : Published as a Bill for an Ordinance on the 13th day of June, 2003 . Read by title and passed on final reading on the 7"' day of July, 2003 . Published by title as Ordinance No . __ , Series of 2003, on the I I III day of July, 2003. Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City (!fEnglewood, Colorado, hereby cenify dill the above and foregoing is a true and correct copy of the Ordinance passed on final readiat ad published by title as Ordinance No._, Series of 2003. Loucriahia A. Ellis 2 • t • • 0 (¥U)INANCE NO. --- SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AMENDING TITLE 7, CHAPTER 6E, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO INCLUDE ACID. WHEREAS, individuals are now using acid to etch their graffiti onto windows of local businesses, causing a significant monetary loss to the victim; and WHEREAS , the Code Enforcement Advisory Committee has held meetings and heard statements concerning the unlawful use of acid as it relates to the crime of Graffiti and recommends a change in the Graffiti Ordinance to include acid. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes the amendment of Title 7, Chapter 6E, Section 9, to read as follows: 7-6E-9: Possession or Graffiti Materials by Minon Prohibited. It shall be unlawful for a person under eighteen ( 18) years of age to possess an aerosol paint container, broad-tipped marker, paint stick or graffiti stick, ACID OR SIMILAR SUBSTANCE with the intent to use the implement or material to apply graffiti . . Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any n-ason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Section 5. Effect of repeal or modjficatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty , forfeiture, or liability. either civil or criminal, ' .· .. .. • • BY AUTHORITY 0~ SERIES OF 2003 COUNCIL BILL NO . 43 INTRODUCED BY COUNCIL MEMBER GARRETI' AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT AT 4496 SOUTH DELAWARE STREET FOR A RETAINING WALL ALONG STANFORD AVENUE, TO LEVEL OUT THE PROPERTY, AND A PICKET FENCE ON TOP OF THE WALL. WHEREAS, the property owners at 4496 South Delaware Street desire to build a retaining wall along the Stanford A venue side of their property in order to level out tbe property and make it more usable for their child to play in the bacltyard; and WHEREAS, the encroachment exceeds staff's administrative authority u provided in 11- 3-4 of the Englewood Municipal Code, and must be brought before City Council; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-City Council hereby approves the Encroachment Permit and Indemnity Agreement between the City of Englewood, Colorado, and the owners of 4496 South Delaware Street, Brent L. Tubbergen and Lisa E. Aam, to construct a retaining wall with a picket fence on top, a copy of which is attached hereto as Exhibit I. Section 2, The Mayor and City Clerk are hereby authorized to sign and attest tbe Encroachment Permit and Indemnity Agreement on behalf of the City of Englewood. Attest : Introduced, read in full, and passed on first reading on the t6• dity of June, 2003. Published as a Bill for an Ordinance on the 2rl' day of J'une, 2003. Read by title and passed on final reading on the t1' day of July, 2003. Published by title as Ordinance No . __ , Series of 2003 . Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of En&)ewood, Colorado, hereby certify dial the above is a true copy of the Ordinance passed on final reading 111d publisbed by title u Ordinance No . __ , Series of 2003 . Loucrishia a. Ellis • EXHIBIT l Ci tv or En glewood ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this 7th day of July, 2003, between the City of Englewood, Colorado, a municipal corporation, and Brent L Tubbergen and Lisa e. Alm, the owners of a certain parcel of real property legally delcrlbed aa: Lobs 23 and 24, Block 13 of Wollenwebers Broadway Heights 'i" Addition and commonly known a: 4411 South o,...,. SIINt. The City of Englewood, Colorado, hereby granta to said owners of the property at the above described location permission to : Construct a segmental block retaining wall parallel to Stanford Avenue immediataty adjacent the public sidewalk along the south side property frontage. The wan may be a maximum of 20-inches high aa measured from the back of walk. The City owns eight feet of right-of-way behind the back of walk along West Stanford Avenue. As shown on Exhibit "A". The City of Englewood. Colorado, mo hereby grants to said owners of the property at the above described location pemliaion IO: Construct a solid cedar picket fence on 1IOp of the segmental block retaining wall parallel to West Stanford AvenUI. The fenc:11 may be a maximum of 8-foot high as measured from the tap of WIii. and the fence shall be no closer than JO.inches to the back of the madlllt. Where the alley intersects West Stanford Avenue at the rw of the property, the fence must be angled or curved back into the property in such a way so • to create a 7 foot by 7 foot sight triangle so drivers can see pedestrians and oncoming vehicles on Stanford to the west. The aforesaid property owners and their heirs and assigns understand and agree that 1. That the property owners shall obtain all necessary permits prior to constructing any fen~ or retaining walls on this property or in the public right-of-way . 2. That this permission is reYOCable at wiU and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation . t .. .. • • 3. That the property owners shaft remove the retaining wall from the public right-of-way within thirty (30) days after receiving Notice of Revocation by personal service or certified mail. 4. That if the City ever delllnnines that improvemenla need to be i111talled along Kalamath that may impact the wall, that the property owners shall be reeponelble for any incalled COits incun9d by the Cly for WDltdng around the nailing wall. 5. That the property owner1 .. eeqipect to deny the right of the City of E11g18'sd00d, Colorlldo, to r9Vdut the Encroachment Pwmit or to deny the property righla of Aid City. 8. That the property OWIWI agl'N to r9irnburN and indem,lify the City of Englawood, Colorado, for al nec:111111 ......... of ....... nabn thllt may be incurred In revoking thil Permit, rerncwtng any structurN placed in the public right-of-way, or any Olher npe11N • a !'WIit of grantllig the Encroachment Pennit. 7. That the property owners shall maintain inlurance coverage IUfflcilnt to satilfy any liability ariling • • l'NUlt of thil Encroachment Permit and Indemnity Agreement. a,d the City of Englewood shall be held harmlNa from any and .. llabillliel ariling from thil action. 8. That the property owners lhal mainlain al llrucbne wltlirl the pubic right-of-way, • lhown on Exhibit ·A· Ill the CMIW's tala ..,. •. 9. That thil agreement shall inur9 IO the berwllt of and be binding upon the heirs, executors, adrninil1rlltor, llligns, and IUOOIIIOl'I f:Athe ~ parties. IN WITNESS WHEREOF, the partiN have set their hMds the day and yNr" flnlt written above. 2 CITY OF ENGLEWOOD a municipal corporation By:--=~-:--~---=-~-=--------e.w.ty J. Bradlhaw, Mayor AnEST: By:. ___________________ _ Loucrilhia A. Elis, City Clerk PROPERTY OWNER 8 i. !!rm_'ffl(q _~ !_ ~~e 1-~~~ t~ _ OOHQ ~ 1e dislri c l ___ l.ol si;,c 12.'ll.J! ___ Square foci _. ·-------·-- PLOT 1•1..AN Comer lo~ · hllcrior 1111 U l'.fi;ge includ11 . tl1e folltt'11!!&1•• f1~111 I . A,ljacenl sltcels anti •lle15. !. I .1.tc111k.. -' dimension or all cue111e11ls 1N1 1wo1,c:11y . I. I list-es li"um struc111res lo rrtlf'Cl1Y litte5 NMI 111 fM imnry s h 11cl11rn IHI Mljncenl lnll . u.J ~11 uf ex is ling slrncl111·cs ____ New ---··---Tolnl __ _ _ I limcnsioitt 111· ex isling •111 prof'nsrcl llntcl11res . ~-l .ocalitNt ohewer, WIiier and olher-vic:e lines . ( Scale : P.11ch '"l"m·c is 5 • x 5' l .· ...... ! L~ __ •• _11-I 1 :~'JTfl -l ---1,----1------1-+ ---------~-~ -·· -------------~·,., __ \------ ) ( ci . ·-·-··11, ..... -.. l -1·--M r~--···-· M.~$:.t:i..:t .. :,it : ------! ---,-------·; ·S' ----------------------": :::l\. ------{ -' .. ii--~~ -----'t . ! 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(JJl\( .. f( I · I 1<-', ···---·K.~ ....... ~----"-···· .. ··· ,_.c-r - _)~~~~-s~ --· F.-,.1 ...... llh...._ Street Or A venue 1-!I EIIII St. •=•-· t.'fl •111 ----lflJ.JJM ~ E,k~·~, .~-;-". •;' • ......,.., ,_ II Jll 9' • COUNCIL COMMUNICATION Date Agenda Item Jul y 7, 2003 10 C i STAFF SOURCE Subject License Agreement for Brown Ditch on Watson Lane INITIATED BY Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed a Resolution on May 21 , 2001 approving a License Agreement and Grant of Construction Easement for crossing the Brown Ditch at Watson Lane . RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 8, 2003 meetin& recommended Council approval of the License Agreement to temporarily maintain a portion of the Brown Ditch along Watson Lane. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Heartstone Homes submitted a License Agreement to maintain the City's easement along the Brown Ditch, which is an open drainage way. An adjacent development was built and pipes were constructed for crossing the Brown Ditch at approximately 5600 Watson Lane. Watson Lane Is located one block west of Federal and south of Bowles north of Columbine Country Club In the City of Littleton. Englewood will maintain their easement and the right to install, repair remove or relocate the Brown Ditch at any time deemed necessary. The License Agreement wiH allow Heartstone Homes to temporarily fill in the existing ditc h for improved appearance and to minimize maintenance and safety concerns. Th e Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Li censee performs any work In connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in th e operat ion of th e Brow n Ditc h. FINANCIAL IMPACT None. LIST OF ATTACHMENTS License Agreemen t Res o lution OF 2003 A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INFILL, DRIVEWAY ACCESS AND SURFACE VEGETATION IN BROWN 'S DITCH ALONG THE 5600 BLOCK OF WATSON LANE , LITTLETON , COLORADO. WHEREAS , Brown's Ditch is an irrigation ditch and right-of-way which is owned by the City of Englewood , Colorado, and runs alongside Watson Lane; and WHEREAS , in its current state, the open ditch presents a safety , aesthetic, and maintenance concern ; and WHEREAS , Watson Lane, LLC has constructed cu verts for crossings over the ditch for future piping of the ditch ; and WHEREAS , a temporary filling of Brown's Ditch along Watson Lane would solve these problems but still allow for the City of Englewood to preserve its Ditch rights and ensure Brown 's Ditch would remain recognizable on all recorded documents until such time as the remainder of the ditch can be piped; and WHEREAS , maintenance of the surface of Brown 's Ditch will be the responsibility of Watson Lane , LLC or its assigns ; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval of the License Agreement to maintain a portion of the Brown Ditch along Watson Lane at their April 8, 2003 meeting. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council hereby approves the License Agreement to temporarily fill in and maintain the surface of Brown's Ditch along Watson Lane in the City of Littleton, as shown in attached Exhibit I , but keeping all rights and interests the City of Englewood currently has and con serving the unpiped areas for future piping by the ditch company. Sectio n 2. The Director of Utilities and Chairman of the Water and Sewer Board are a uth o ri ze d to sign said Li cense Agreement for and on behalf of the City of Englewood. ADOPTED AND APPROVED the 7'11 day of July , 2003 . Beverly J. Bradshaw , Mayor Att est : Loucris hia A. E llis. C ity C lerk • • !, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify that the above is a true copy of Resolution No . __ , Series of 2003 . Loucrishia A. Ellis LICENSE AGREEME;>JT THIS UCE;>JSE AGREEMENT is entered into the __ day of May, 2003 , between the Ciry of Englewood. a municipal corporation of the State of Colorado, herein referred to as "City", and Watson Lane. LLC. c/o Heartstone Homes, 1979 W . Littleton Blvd., Littleton. CO 80120, herein referred to as ·'Watson Lane". WITNESS ETH : WHEREAS, the City, without any warranty of its title or interest whatsoever. hereby authorizes Watson Lane to maintain a parcel of land in the City's rights-of-way for the ~rown Ditch. more specifically described in Exhibit A attached hereto; and WHEREAS, the open ditch presents a safety, aesthetic and maintenance concern and Watson Lane requests permission to temporarily fill in the ditch; and WHEREAS . Watson Lane shall conduct periodic inspections of structures in the right-of- way and shall maintain the surface in natural vegetation exclusive of crossings; and WHEREAS, the City and Watson Lane, LLC, entered into a License Agreement April 27, :!001 for installation ofRCP pipe within the City's right-of-way for Brown 's Ditch; and WHEREAS. this installation has been completed as well as access drives to the homes built along Brown's Ditch in the 5600 Block of Watson Lane; and WHEREAS. the City has the right to maintain. install. repair. remove or relocate Brown· s Ditch at any time it deems necessary or convenient and controls exclusive right to control all easements and installations; and WHEREAS. all surface area infill and maint,:nance shall be maintained by Watson Lane in a safe condition. and Watson Lane shall assume all liabi·lity for damages to the public as a result o f its construction or maintenance pursuant to this License. THEREFORE. the City hereby grants a license to temporarily fill in the Brown's Ditch in the areas noted on Exhibit A of the License Agreemet. CITY OF E>IGLEWOOD DEPARTME;>JT OF UTILITIES Stewart Fonda. Director Chairman o t the Water and Sewer Board WATSON LA.'IE, LLC State of Colorado ) County of Arapahoe ) ss. s;.J, 1<<= ""~, 1-<0l. .~,.., /.\h> ... "'le ;'Jot:uv Public ; '.'.l y C~mmission expires : c{.;_ "'..-c-cFi E X , h i b i t l t me+!':~s ~ .. ~z :>-J -~o,~1:vu; -I -~ --I I : •• ' -I =~ ; t:::::a..~ ...... ------:r.-r---------·--..• -----------... -· --·----=-==-----=--= -----.-- a,(jffl" .,.,.6...-... --- COUNCIL COMMUNICATION Date Agenda Item Subject July 7, 2003 11 Ci Collective Bargaining Agreement Between the City and the EEA for 2004 and 2005 Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ·• The previous Collective Bargaining Agreement with the Englewood Employees Association was approved by Council for 2002 and 2003. RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the years 2004 and 2005. The contract covers approximately 208 employees. BACKGROUND, ANALYSIS, AND AllHNATIVES IDENTIFIED The City of Englewood and the Englewood Employees Association entered into negotiations in April of 2003 in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duly ratified, by a majority vote, the Col.lective Bargaining Agreement The significant changes to the contract are as follows: 1. Under Article 8, ~compensation", employees covered by the Contract will receive a zero percent (0%) increase over the 2003 base wage rate, effective January 1, 2004. Wages and benefits only for 2005 will be negotiated in 2004. 2. Articles 1,3,4,5,8,9, 11, 13 , 14, 18,23,26,27,31 and 32 of the 2002-2003 contract were rewritten to clarify and reflect current practices. 3. Article 19, "Uniform Cleaning Allowance" was am ended to increase the maximum reimbursement to employees who are required to wear safety work shoes . 4. Article 25, "layoff" was rewritten to clarify the layoff process and recognize performance history as a qualifier in identifying employees to be laid off. 5. Article 15 , "Military Leave" was amended to incorporate the wording from the corresponding City of Englewood policy. FINANCIAL IMPACT The impact of the change to Article 19 will be a maximum of approximately $2700 per year. UST OF AlTACHMENTS EEA Collective Bargaining Agreement for 2004 and 2005. . t ·:O. .. .. • • SERIES OF 2003 A RESOLUTION AUTHORIZING THE COLLECITVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARYI, 2004 THROUGH DECEMBER 31, 2005. WHEREAS, the City Council of the City of Englewood authorized "lbc Collective Barpining Agreement" with the Englewood Employees Allociltion for January I, 2003 through December 31, 2003, by the paasage of Resolution 62, Series 200 I ; and WHEREAS. the City of Englewood and the Enaicwood Employees Allocillion entered info negotiations in April, 2003 in accordance with the En&lewood City Home Rule Charter and the contract provisions; and WHEREAS, the elected represenlllivca of the Englewood Employee, Allocillion duly ralifaed the Collective Bargaining Agreement for 2004 and 2005; and WHEREAS, the pusaac of this Resolution will authorize the provisiooa of the HCollective Bargaining Agreement'' between the Englewood Employees Allocillion and the City of Englewood for the year 2004 with wages and benefits only for 2005 to be negotialal in 2004, and WHEREAS, significant changes to the ContnlCI include the followi.na : (I) Employees covered by the Contr.lCI will receive zero percent (0%) increase over the 2003 bue wage rate effective January 1, 2004 through December 31, 2004 . NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colondo hereby 1f1P10VC1 the Colleccive Bargaining Agreement between the En&lewood Employees Allociltion and the City of Englewood for the period of January I. 2004 through December 31, 2004, a copy of which is atllCbed hereto u Exhibit A. ~-The Mayor and the City Clerk are hereby llllbomed to sip and lllelt the Collec1ive Bargaining Agreement between the Englewood Employees Aasocillion and the City of Eqlewood. Colorado, for the period of January I , 2004 through December 31, 2004 . ADOPTED AND APPROVED this 71Jt day of July, 2003 . ATIEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk for the City ofEna)ewood, Colorado, hercby certify the above is a true copy of Resolution No._. Series of 2003 . Loucrishia A. Ellis, City Cledt COLLECTIVE BARGAINING AGREEMENT BEIWEENTHE CITY OF ENGLEWOOD ANDTHE ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY l, 2004-DECEMBER 31, 2005 PAGE ARTICLE I INTRooucnoN 1 ' . ARTICLE2 DURATION OF CONTRACT 3 ARTICLE3 RECOGNmON 4 .. ARTICLE4 EMPLOYEE RIGHTS 5 ARTICLES HOURS OF WORK 6 ARTICLE6 OVERTIME WORK 7 ARTICLE7 ACTING PAY 8 ARTICLE 8 COMPENSATION 9 ARTICLE9 LONGEVITY COMPENSATION 10 ARTICLE 10 ANNUAL LEA VE 11 ARTICLE II PERSONAL LEA VE 12 ARTICLE 12 SHORT TERM DISABlllTY (STD) 13 ARTICLE 13 WORKERS' COMPENSATION 15 ARTICLE 14 MU.IT ARY LEA VE 16 ARTICLE 15 FUNERAL LEA VE 17 ARTICLE 16 JURY DUTY AND WITNEsS SERVICE 18 ARTICLE 17 HOLIDAYS 19 ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20 • • ARTICLE 19 TUITION REIMBURSEMENT 21 ARTICLE20 LIFE INSURANCE 22 ARTICI..E21 INSURANCE 23 ARTICLE22 RETIREE HEALTH INSURANCE 24 ARTICLE23 PENSION/RETIREMENT PLANS 25 ARTICLE24 LAYOFF 26 ARTICI..E25 LEA VE OF ABSENCE (WITHOUT PAY) 27 ARTICLE26 GRIEVANCE PROCEDURE 28 ARTICLE27 WRfITEN CORRECTIVE ACTION 30 ARTICLE28 DUES DEDUCTION 31 ARTICLE29 ASSOCIATION ACTIVITIES 32 ARTICLE30 STANDBY PAY 33 ARTICI..E31 CAU.BACK 34 ARTICLE32 LABOR MANAGEMENT COMMITIEE 35 ARTICLE33 EXCLUSIVENESS OF CONTRACT 36 CONTRACT BETWEEN TIIE CITY OF ENGLEWOOD ANDTIIE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLEl.lNTRODUCTION This contract entered into by the City of Englewood, Colorado, and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment as set out in the City Charter. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. Determine the overall mission of the City as a unit of government . . B. To maintain and improve the efficiency and effectiveness of Cicy operations. C . To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To determine the overall methods, processes, means, job classifications or personnel by which Cit · perations are to be conducted. E. direct, supervise, hire , promote, transfer, assign, schedule, retain or lay-off employees . F. To suspend, discipline, discharge, or demote for just cause, all full-time permanent classified employees . G. To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or nonproductive. H. To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining Contract. I. To take any and all actions to carry out the mission of the City in cues of emergiency. • , . • - .,,· CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. J. Nothing contained herein shall preclude the City from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights . The City retains the right to change any past practice which is not in violalion of this Contract. In the event a past practice is sought to be changed by the City Manager or Department Directors, the Englewood Employees Associalion will be provided reuonable written notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in violalion of this Contract 2 ARTICLE 2. DURATION OF CONTRACT A. This contract will take effect on January l, 2004, and shall continue in fon:c to and including December 31, 2005, provided that either pany may reopen negotialiona for Article 8, Compensation and Article 21, Insurance, by giving written notice of intent to negotiate Article 8.F and Article 21 prior to May 15, 2004. The City will notify the Allocialion three (3) months prior to commencement of ncgotialions if there is a need to negotiate on dental or bcalth iDIUl'IDCC. B. This contract or any part of it may be taminared or renegoli!Bd at any time by mutual consent of both parties. C. If any article or section of this contract should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enfon:ement of any article or section should be restrained by such Court, the remainder of !his contract shall not be affected thereby and this Contract shall remain in full fon:e and effect, and the parties shall promplly meet md negoliate for the purpose of attempting to arrive at a mutually salisfactory replacement for such article or section. D. The parties agree and undcntand that provisions relating to employees covered by this con~t shall in no way displace or modify present or future stannory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for Contract ncgotialiona and that the understmldinp and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in the conlnlet. 3 ARTICLE 3. RECOGNITION The City recognizes the F.nglewood Employees Association as the sole ~on certified pursuant to the provisions of the Charter of the City of F.nglewood as the exclusive repreaentative for the public employees within the following bargaining unit: Included: All full-time, clusified employees of the City. Excluded: All supervisory, managerial, confidential, part-time, temponuy, and contractual employees, and all emplo~ hired through the use of Fedenl, stare or other outside funding sources for special projects or programs, and all ochers who may be determined prior to or during the life of this Contract as provided under the City <llarler. ARTICLE 4. EMPLOYEE RIGHI'S A full-time classified employee who is not excluded per Article 3. (Recognition) of this contract shall have the right : A. To fonn, join, support or participate in, or to refrain from forming,. joining, supporting, or participating in the employee organization or ita lawful activities; and · B. Bargain collectively through their certified employee repracntalive. C. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of III individual employee to dilCUSS employment concerns with the City be infringed upon. ARTICLE 5. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for the efficient transaction of their respective services. A. All employees covered by this Contract shall work at least forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or odlcr work schedules u determined by the department director per the "Modified Workweek Schedules" policy. All employees shall be scheduled to work a regular work schedule and each shift shall have a reauJar starting and quitting time . Should the work schedule be changed, affected cmplo)'eCS will be notified 24 hour& in advance except in the case of an emergency u determined by the department director. 8. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15) minutes or one ( 1) thirty (30) minute rest period for each shift worked. Rest periods shall be under the control of the supervisor or department director. C. When possible, employees who work beyond their regular quitting time into an overtime situation will be eligible for a fifteen (15) minute rest period before they begin the overtime work. When possible, additional rest periods will be granted under the control of the supervisor or depanment director similar to rest periods granted under subparagraph B above. D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up period prior to the end of each shift. The clean-up period shall be under the conuol of the supervisor or department director. E. All employees will be granted an unpaid lunch period during each shift. At. a normal occurrence, this lunch break will commence between the beginning of the third hour and the beginning of the sixth hour of the shift. An employee and supervisor may agree to waive this time limit due to work related or personal issues. SccCityofEnglewoodAdministrativePolicy#2, "HoursofWork/Ovcnimc",andPolicy#3, "Meal Breaks", for further clarification. 6 ARTICLE 6. OVERTIME WORK A. For all emplo:yees covered by this Contract, except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued compensatory time. B. FI.SA non-exempt (hourly) emplo)'eel shall becompenured for overtime work at the rate of one and one-half ( 1-1/2) times the normal pay rate or compensatory time off, computed at the rate of one and one-half ( 1-1/2) times. The City retains the right to assign overtime work to any employee qualified to perform the work. 7 ARTICLE 7. ACTING PAY All persons appointed to an acting position, at the sole diacrction of the Director, will be compensated at the minimum rate of the acting position pay range or sci, above the employee's cum:nt rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30) consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be retroactive to the tint day the employee auumea the responsibility of the position. SeeCityofF.nglewoodAdministntivePolicyManual,Policy#l, .. ActingPay''fordilcuuion of acting pay for positions not covered by this contract. 8 ARTICLE 8. COMPENSATION A. Each employee in the classified service shall be paid within the range set forth in the City of Englewood 2004 Compensation and Cluaification Plan for the position in which they are employed. (See Plan document for details .) B. At least the minimum rate of pay for a position shall be paid to an employee who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at an amount closeat to his/her cunent rate in the grade established for the position. In such cues there will be no reduction in pay . D. A change in anniversary date will result when : (1) The employee is on leave without pay. (See Article 26 . Leave of Absence (Without Pay) (2) The employee tcnninates his employment and later is reemplo~ The new anniversary date shall be detcnnined by his new employment date. E. All performance pay awarded to the employee \\ill be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance, u evidenced by the performance evaluation. Fundamental changes to A -E (above) will be made only with prior consultation and review with association representatives . F. Employees of the City of' Englewood represented by the Englewood Employees Association and covered by this Contract shall receive a zero percent (0%) incn:ae on the 2003 hue · wage rate effective January I , 2004 . Salary for 2005 will be negotiated in 2004. 9 ARTICLE 9. LONGEVITY COMPENSATION Effective January l, 1984, and thereafter, all new hila shall not be eligible for longevity compensation as provided for under this Article. In addition to an employee', monthly ulary, the employee shall be eligible for longevity compensation baaed upon the number of years of continuous service with the City and shall be derived from the following schedule: Years of ~ Amount of Compenytjon lS-19 $36 per month for $432 per year, except for thOIC employees who have not completed 16 full years of continuous service on December l of any year, which employee shall receive $288 plus an amount equal to $12 for each full month of completed continuous service after completion of 15 years of service up to December l. 20 or more $48 per month for $576 per )'al', except for thOIC employeea who have not completed 21 full years of continuous service on December 1 of any year, which employee shall receive $432 plus an amount equal to $12 for each full month of completed continuous service after completion of 20 years of continuous service up to December l. 10 ,0 ' ARTICLE 10. ANNUAL LEA VE Employees hired after January l, 1984, and covered by this Contractshall cam annual leave each pay period as follows: Length of Hours per Hou."S per Earning Service Pay Period Year Limits 1. 0-4 Years 3.08 80 160 Hrs . (thru 48 mos.) 2. 5-9 Years 4 .62 120 240Hrs. (49 thru 108 mos.) 3. lo+ Years 6.15 160 320Hrs. 109+mos. Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum earning limit has been reached. The schedule for use of annual leave shall be determined by the needs of the Department. Annual leave shall be taken at the time convenient to and approved by the Department Director or Supervisor. However, the City will make reasonable efforts to accommodate the request of an employee to use annual leave where a genuine emergency situation exists. Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job. Annual leave shall be allowed only to the total hourly amount accumulated up to and during the'pay period in which the leave is taken. Work During Annual Leave lf, after the employee has begun his/her annual leave and the City requires the employee to work during the scheduled annual leave period, the employee will not be charged with vacation time for the number of hours worked . How Charged Annual leave for employees excludes regular days off. Annual Leave Pay Upon Separation When an employee tenninates employment with the City, they will be compensarcd for unused annual leave earned as of the date of separation. Annual leave is not to be used to extend an employee's date of separation. II • • ARTICLE 11. PERSONAL LEA VE All employees covered by this Contract shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for ~ following purpoacs: A. Employee's own illneu/injury B. Illness/injury of employee's family C. To attend to personal business For any employee who hu not llled the 48 hours of personal aw time ending October 31 of each year or any portion thereof, the City will compenure said employee for the unllled time at the employees regular wage rare to be paid during the month of November of that year. Penonal leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and adminiataed under the dilection of the depmtment dmx:toror supervisor. In the event of illneufmjury in which personal leave is n,quesmd, shift work employees shall notify their supervisor at least one (1) hour prior to their scbeduled reponin1 time. Penonal leave shall be proraled for employees beginning and terminaling employment with the City during the November I-October 31 time period. 12 ARTICLE 12. SHORT TERM DISABILITY (STD) (Formerly Temporary Disability-Non Job-Related) Short term disability leave is granted for non-service connected injury or illness of an employee with at least ninety (90) days of service with the City, whose disability prevents the employee from performing his/her duties . Short term disability (STD) is paid at 100% of the employee 's regular hourly rate. The City agrees to provide employees covered by this Contract STD leave with pay for employees absent as a result of illness/injury as follows: 91 days-4 years (thru 48 mos.) 5-9 years (49 thru 108 mos.) lo+ years (l09+mos.) 347 working hours 520 working hours 693 working hours Short term disability leave shall not be accumulative . January l of each year the City shall restore 100% of the number of hours used by an employee during the preceding year as follows: 91 days-4 years 5-9 years lo+years Utilization up to a maximum of 173 working hours up to a maximum of 260 working hours up to a maximum of 347 working hours A. Authorization for STD leave with pay shrill only be granted after the first normal daily shift of disability. The elimination shift to access STD shall be taken ~ paid in the following order: personal leave, annual leave, compensatory time. If all accrued leaves have been exhausted, the elimination shift shall be taken_ as leave without pay. B. Authorization for STD shall only be granted for personal illness or injury, not service connected, including maternity related disability. See City of Englewood Administrative Policy #31, "Family and Medical Leave Act (FMLA)". Sick Leave Option All sick leave accruco by permanent employees prior to January 1, 1980 shall vest with the employee. and may be used in the following manner: A. After exhausting STD hours . B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hour's pay for each two hounof acetuedsiclt leave or one hour's pay for each four hours upon separation from the City. 13 t • • C. By cashing in accrued sick leave, once each year at the conversion rate of four (4) hours sick leave for one ( 1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of s:rn The employee or a member of the employee's household shall notify the employcc's supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employcc's work shift. Verification of Disabiljty If absence from work is three (3) days or more, a medical release muat be provided to the employee's supervisor, who will forward it to Human Resources for possible Family Medical Leave qualification. Abuse of STD Abuse of STD occurs when an employee misrepresents the actual n:ason for requesting STD or when an employcc uses STD leave for unauthorized purposes. An employee who makes a false claim for STD leave shall be subject to dilciplinary action up to and including termination. 14 ARTICLE 14. MILITARY LEAVE The authority for this policy is derived from the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. The City is obligated to grant military leave wilhout lou of pay for ablencea not exceeding fifteen (15) days in any calendar year. Fifteen (15) days equates to fifteen 8-bour day-. or 120 Im. The City cannot require an employee to use annual leave for such purpotes. The employee may, however, request use of vacation, compensatory time, or leave wilhout pay to supplement ablencea exceeding those covered by lhe fifteen (15) day military leave allowance. Military leave of absence will result in no lou of any condition of employment that would have normally occurred if the employee had not been ablent for such purpoaea. Employees are responsible for providing their depanment dhecton copiea of all military orders lbal will result in a leave of absence for active military duty. Eq,loyees are lllo required to notify lheir supervisors at the earliest possible date upon learning of scheduled military duty. Employees who fail to return to work according to lhe provisions of USERRA and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. are subject to disciplinary action up to and including termination. Employees must remit to lhe City any pay received by the military for the period of time the employee is on paid military leave. This remittance shall occur hnmedi11ely upon receipt of lbe military pay (in instances that the military pay ia greaaer than lhe employee's City pay, lbe employee may elect to forego City paid military leave). The City will make a reasonable effort to adjust work schedules and lllipmenll to accommodate employees fulfilling military obligations. 16 ARTICLE 15. FUNERAL LEA VE Full-time employees are eligible for up to fony (40) hours of funeral leave. Annual or personal leave may be requested if additional time off is necessary. funeral leave applies to members of the employee's family. For purposes of this policy, "Employee's Family" will mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters of the employee or of the employee's spouse. 17 ARTICLE 16. JURY DlITY AND WITNESS SERVICE Leave will be granted to an employee called for jury duty or to appear u a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. The employee will receive their regular salary for jury duty served. Any jury pay will be mmbuned to the City. The employee may retain any reimbursements for milea,e and parking. Employees on jury duty or called as a witness in their official, City capacity will be expected to wort as much of their regularly scheduled workday as their jury duty schedule or appearance in court permits. When an employee is subpoenaed u a witness in private litiption to testify, not in his official capacity but as an individual, acclimulated leaves will be uaed to cover the time abaent All accumulated leaves must be exhausted before the time absent can be taken as leave without pay. Employees will not be paid overtime or earn compensatory time for time served u a juror or a witness. Overtime is computed on hours actually worked over forty (40) hours at the assigned job. An employee must return to work after being excused from jury duty if there are more than two (2) hours left in their regularly, scheduled workday. II ARTICLE 17. HOLIDAYS A. The following days shall be considered official holidays by the City and all employees covered by this contract shall be entitled to eighty-eight (88) hours of holiday pay: 1. New Year's Day: January 1. 2. Martin Luther King Day: the third Monday in January. 3. President's Day: the third Monday in February. 4. Memorial Day: the last Monday in May. 5 Independence Day: July 4. 6 Labor Day: the first Monday in September. 7 Veteran's Day: November 11. 8. Thanksgiving Day: the founh Thursday in November. 9 Fourth Friday of November following Thanksgiving Day. 10 Chrisunas Eve: December 24. 11. Chrisunas Day: December 25. 8. Any employee covered by this Contract who does not perfonn duty scheduled on the working days or have approved paid leave immediately prior to and following a holiday shall not receive pay for the holiday. C. Employees required to work on an official City holiday arc eligible for ONE of the following options: a. Approved overtime pay (time and one-half) for number of hours actually worked on the holiday IN ADDmON TO up to 8 hours of holiday leave to bank and take at a later date; OR b. Approved straight time pay for number of hours actually worked on the holiday up to 8 hours (hours worked over 8 will be paid at the overtime rate of time and one-half) IN ADDmON TO up to 8 hours of Comp Time (accrued at time and · one-half) to be taken at a later date; OR c. Approved holiday pay at two and one-half times the employee's regular hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8 hours will be paid at the overtime rare (time and one-half.) D. When one of the foregoing holidays falls on a Sunday, the following Monday shall be observed as the legal holiday . When any of the foregoing holidays fall on a Sarurday, each employee shall be entitled to a day off for such holiday , which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions . Sec City of Englewood Administrative Policy #33, "Holidays", for further clarification. 19 t ,• • • ARTICLE 18. UNIFORM CLEANING All.OW ANCE If an employee is required to wear a uniform, the employee lhaU wear the uniform only u authorized by the department work Nies. The City will provide uniforms. cleaning and replacements. The City will provide ~ of the COit of requiJed wort shoes up to a 111Pim11m of $90 per year except with department director approval. All employees lhaU maintain a pn,aentable appearance while on duty. The employee is responsible for any clamqe to the uniform by negligence or deliber&te act 20 ARTICLE 19. TUmON REIMBURSEMENT See City of Englewood Administrative Policy #29, "Tuition Reimbursement". 21 ARTICLE 20. LIFE INSURANCE Tenn life insurance will be provided by the City for employees covered by thia Contract in the amount of one time hialher annual salary. The minimum benefit ia $30,000 and the maximum benefit ia $50,000. Upon retirement, the employee may convert the life inaurance per the life inaurancc: plan conversion agreement in place at the time of hia/her retirement. 22 ARTICLE 21. INSURANCE A. MEDICAL The City will pay eighty-five percent (85CII) of the premium COit for single and dependent coverage for medical inauranc:e. Emplo)'flel will pay fifteen percent ( 15CII) of the premium coat for single and dependent coverage for medical inauranc:e. B. DENTAL The City will pay eighty-five percent (85CII) of the premium cost for single md dependent coverage for dental inauranc:e. Employees will pay fifteen percent (l5CII) of the premium for single and dependent covcrap for dental inauranc:e. C. Any dispute concerning the interpretalion or applicllion of benefits provided under the health or dental plan& shall be subject to the plan appeal proceu. It is expressly understood that this article is a non-grievable item under this contract ARTICLE 22. RETIREE HEALTH INSURANCE ASSISTANCE Retirees will be guaranteed conversion privileges to the Health Imunnce Conversion Plan available through the City. For those who retired prior to December 31, 1996, the City will pay $50 per month . For retirees after January l, 1997, the City will pay $75 per month. ARTICLE 23. PENSION/RETIREMENT PLANS The pension plan description for employees covered by this Contract is set forth in Title m. Chap(ef 4 of the Englewood Municipal Code . Additionally, the plan description for the Non- Emergency Employees Money Purchase Plan is available for inspection in the Department of Finance and Administrative Services. 25 ARTICLE 24. LAYOFF A. Whenever there is lack of work. lack of funds, or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in the number of employees, the appointing authority shall designate the dcparlment and positions in which the layoff is to be made. In identifying individual employees to be laid off, the appointing authority shall consider the relative ability of all employees within the position cluaification, taking into account the employee's documented performance history and then seniority witli the City. B. Employees laid off shall be put on a recall list for one year following their layoff. Employees recalled from layoff into the same job classification shall be recalled in invene order of layoff. If they are recalled into a different position, thole recalled IDUlt have the clemomtrated ability and qualifications to perform the available work aa determined by the City. No new employees shall be hired into positions covered by this contract until all employees on layoff statua desiring to return to work have been recalled. C. Employees identified for layoff shall have the right to displace an employee in any position classification which the employee formerly held in the dcpanmcnt, taking into account bodt the employees' documented perfonnancc history, demonstrated ability and then seniority with the City. The employee ultimately displaced shall then be the person laid off unless that employee in tum has effective displacing rights under the provisions of this article. 26 ARTICLE 25. LEA VE OF ABSENCE (WITHOUf PAY) After twelve months of continuous service and upon approval of the department director, in concum:nce with the Human Resources Director, employees may be granted III unpaid leave of absence of up to one year for _ compelling personal reasons not related to Family Medical Leave reasons . All accrued, paid leave must be exhausted before the beginning of the unpaid leave of absence. Employees on such leave do not acaue personal leave, annual leave or longevity pay. Employees on unpaid leave of absence are not eligible for holiday.jury, military, funeral or administrative leave. When an employee is on an unpaid leave of ablence, he/Ille will remain in the City health and dental insurance plans, provided the premium is paid by the employee. The employee may retain the benefit accrual rate they were eligible for at the beginning of the unpaid leave, provided the employee returns to work with the City on the agreed upon date. Upon return, the employee's hire date will be adjusted if the leave has exceeded thirty (30) calendar days An employee who engages in other employment, including self-employment, while on official leave of absence, will be terminated effective u of the last day worked, unless prior written approval has been obtained from the Human Resources Department Employees on an approved leave of abacnce, who fail to report for work by the first day after the expiration date of the leave of absence or a properly approved extension, will be terminated from their employment with the City u of the lut day actually worked. 27 ARTICLE 26. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this Contract concerning an alleged violation of a specific provision ofthis Contract. The employee shall be required to follow the procedure as set out below: A general grievance is defined as a grievance that concerns a group of employees or the bargaining unit in general. A general grievance can only be filed by the Association within the time frame specified in Step l, and the initial review will occur by the department director at Step 2 below. A . "Work Day" means calendar days exclusive of Saturdays, Sundays, and City recognized holidays. Step 1. If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) working days of the date of the occurrence of the grievance , or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department director within five (5) work days following receipt of the supervisor's response . The department director shall respond in writing to the employee within five (5) work days . Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the dcpartmcnt director. The City Manager or his/her designated hearing officer shall have a meeting with the grievant to review the grievance and all relevant information . Within ten (10) work days of that meeting, the City Manager or his/her designated hearing officer will issue a written decision . Step 4. l. If the grievance is still unresolved, the Association within fourteen (14)calcndardays after th e reply of the City Manager or his/her designated hearing officer, may by written notice request the matter be submitted to arbitration. The parties will attempt to choose a mutually agreeable arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel , with the fust strike determined by a coin flip . The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. 28 ' .. .. f • • • 2. Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Alsociation and the City. 3. Authority of Arbitrator The arbitrator shall have no power to add to or sublnlct from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which ha been property processed through the grievance procedure outlined. 4. Failure by an employee or the Auociation to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the preacribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond. Grievance Option It is agreed that should the appeal procedure u provided under 138:3 of the City Cbllter or applicable City ordinance is utilized, recourse to the grievance procedure included in this Article shall be waived. Processjng Grievance During Working Hours Grievances may be investigated and processed by the employee or delipared employee representative during working hours, within reasonable time limits, without lcu of pay, provided notice is given and the workload permits. 29 ARTICLE 27. WRITI'EN CORRECTIVE ACl10N Whenever more serious grounds for corrective actiou exist (i.e., more serious than those deemed by the supervisor to warrant oral conectivc action) the supervisor should issue a written corrective action. The written corrective action will be addressed to the employee and will include the following infomiation: • The violation • The specific behavior • The dates of the behavior • The warning that continuance of the specific behavior will result in disciplinary action, and • An offer of assistance in correcting the behavior. Both the employee and supervisor must sign the document (if necessary, the supervisor will note that the employee refuses to sign the document). A copy of the written corrective action will be forwarded to Human Resoun:cs to be included in the employee• s official personnel file. The employee will have the opportUDity to submit written comments in response to the written corrective action to be included in their file. This Article shall not be grievable under this Conttact, nor shall it apply to probationary employees . 30 ARTICLE 28. DUES DEDUCTION A. The City agrees to deduct the Englewood Emplo)'eel Association dues each pay period from the pay of those emplo~ who individually ~uest in writing that such deductions be made, subject to the garnishment laws of the State of Colorado .. The amounts to be deducted shall be certified to Human Resources by the Treasurer of the Association, and the ~ deductions of all emplo)'eel shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the tenn of the contract, upon written notice by the employee to Human Resources. B. H no wages are paid an authori7.ed employee on the last pay period of a given pay period, deduction for that pay period will be. made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expreuly undentoocl that the City uaumea no liability and shall not be liable for the collection or payment to the Englewood Emplo~ Association of any dues during any time that an employee is not a.."tUally working for the City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Englewood Emplo~ Association . C. The Englewood Emplo~ Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, providing a thirty (30) day written notice is provided to Human Reaoun:ea . E. Should the change in the deduction method ~uire a computer programming chanF, the Englewood Emplo~ Association shall be responsible for the COil of such chanp orc:banFS, ll $30 per hour with a four (4) hour maximum. Payment from the Englewood Emplo~ Association shall be made to the City Finance and Administrative Services Director within ten (10) days of receipt of billing. )l ARTICLE 29. ASSOCIATION ACTIVITIES The City agrees that during working houri on the City pmnilCI and without 1ou of pay. Englewood Employees Associalion membcn may be allowed to: allellCl Englewood F.mployeea Aasocialion and/or manapment meetinp; poet Englewood P.mployees Auocialion noticea on City designated bulletin boards; solicit Englewood Emplo)"eCI Alloeialion membalhipa during employee's non-work time; and represent employees on grievances and ncgotialiona. 32 ARTICLEJO. STANDBYPAY All employees covered by this Contract and assigned standby duty shall be compensatlld at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. Standby pay shall be prorated for standby duty of less than one week. (Eumplc: an employee assigned standby duty for one day will be compensated at a rate equal to 8 hours / 7 = 1.14 hours). Standby pay shall not be substituted with compensatory time. 33 ARTICLE 31. CALL BACK Any time an employee on off-duty status (including stmd-by duty) is called hick to work he/she shall be credited with a minimum of two (2) houn pay at the rate of one and one-half ( 1 1/2) times his/her regular hourly rate. With the approval of the department director and subject to departmental guidelines, the employee may choose to substitute compensatory time for call back pay. ARTICLE 32. LABOR MANAGEMENT COMMl'ITEE A Labor Management Committee consisting of fom (4) members appointed by the Association and four (4) members appointed by the City lhall meet on a quanaty basis. The committee will only deal with group issues that are not dealt with through other exiadng committees or grievance procedures. The Association will send its IFlda items to the Human Reaources Director at least one (I) week prior to the date of the quarterly meeting. 35 ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the Association agree that the tenns and provisions herein contained constitute the entire Contract between the parties. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on any item during the life of this Contract, except by mutual agreement of the parties. IN WITNESS THEREOF, the parties have caused this Contract to be signed by their respective representatives, and their signatwes placed thereon, on this day of ___ , 2003 at Englewood, Colorado. ENGLEWOOD EMPLOYEES ASSOCIATION ~~ ~~~:~ Robert E. Stephenson, Vice President 36 CITY OF ENGI.EWOOD Mayor, Beverly J. Bradshaw ATTEST: City Clerk, Loucrishia A. Ellis City Manager, Gary Scars DATE : Jul y 7, 2003 INITIATED BY : Community Development CJ COUNCIL COMMUNICATION AGENDA ITEM: SUBJECT : Authorization to seek EPA Smart Growth Grant STAFF SOURCE : Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; • Council has adopted goals for Quality of Life improvements in Englewood. Englewood brownfield's are concentrated in the industrially zoned areas along the railroad tracks and South Platte River. Resolving brownfield issues for properties along the South Platte River corridor may create opportunities for open space, recreation and generally enhance the quality of life in Englewood . • Council has adopted goals for Economic Development. Growing small businesses in a recycling business incubator supports Englewood economic development goals. Council has accepted $350,000 in EPA Brownfield Assessment funding and $500,000 in Brownfield Remediation funding since 1997. RECOMMENDED ACTION: Staff requests that the City Council approve a motion authorizing a grant'appllcation seeking Smart f (;rowth funds from the U. S. Environmentat Protection Agency for S 150,000 over three years. The funding would facilitate a partnership between the City and the Colorado Brownfields Foundation focused on establishing a Recycling Business Incubator. BACKGROUND, ANALYSIS. AND ALTERNATIVES IQENTIFIED: The U .S Environmental Protection Agency (EPA) selected Englewood's application for Brownfield Pil ot funding in July 1997. Englewood requested and received additional funding in a "Supplemental" award in September 2000. Initially, staff worked with a dozen local businesses, d ubbed th e Brownfi elds Taskforce, to develop a revolving loan fund to help businesses overcome environmental obs tacles encountered while acquiring property or expanding their business in Eng lewood. Th e Brownfield Revolving Loan Fund successfully participated in several economic developmen t projects including Keogh Company's relocation and expansion ; and Front Range Pla tin g site assessme nt, cl_eanup, sa le and re-us e. Other Englewood Brow nfield act ivi ti es included commissioni ng an environmental assessment of industrially zo ned properties in Englewood eas t of Santa Fe Drive and north of Dartmouth Avenue . That stud became part of the surve y of conditions leading to th e creation of an Urban Renewal Area in north Englewood. Council pledged Brownfield Pilot funds to a partnership with RTD/T-Rex to conduct th e "Ph ase II " En ir onm ental Site Assessment of the General Iron Works site for the c ombinat ion of future RTD faci lities and a mixe d us e residential and office development. That in fo rmati on was import ant fo r ge ttin g developer interest in the GIW redevelopment project. Englewood us ed Brownfield Pilot funds to assess environmental conditions at Centennial Park leading to park expa nsion with the Rockies Field of Dreams ballpark . - ' ... .. • • Sin ce Jul y 199 7, Council has authorized and accepted $3SO,OOO of EPA Brownfield Pilot and Suppl emental Assessment funds . Englewood primarily used the funcis to promote redevelopment in the industrial area around General Iron Works by characterizing environmental issues . In addition, Council authorized participating in the Colorado Brownfields Coalition that accepted $S00,000 for cleaning up environmental sites. The Coalition in turn loaned Englewood approximately $705,000 to build a methane collection system that allowed ball field construction on the former landfill near the South Platte. In December 2002 staff applied for $1 million in environmental remediation funds from EPA for the environmental cleanup at General Iron Works. The decision on that application is pending, and expected in July or August. As an EPA designated Brownfield Pilot City, Englewood recently became eligible to apply for grant funding for environmental planning activities. The Colorado Brownfields Foundation (CBF) a Colorado nonprofit is requesting that Englewood partner with them to establish a recycling business incubator. The incubator proposes to locate on a brownfield site and to work with Englewood to clean up existing brownfield sites that currently adversely affect the South Platte River Corridor and Englewood. Business incubators provide a location for an emerging technology business to locate while demonstrating commercial applications for their technology. Incubators also provide assistance with developing a business plan, financing, marketing and other business capacities. The University of Colorado Business Advancement Center proposes to provide assistance to recycling businesses in the proposed incubator. Those businesses typically move from the incubator when they achieve sufficient size and customer base, and financing goals to be viable without incubator support These growing businesses represent potential for new employment. equipment investments, and tenants and owners of manufacturing property in Englewood. flNANqAL IMPACT; The EPA Smart Growth grant does not require matching funds. Staff will be responsible for accounting and reporting requirements. LIST OF ATTACHMENTS; CBF Letter Fact Sheet Board Member List Recycling Busin e:~ Incubator Concept Date : June 3, 2003 To: From : Subject: Ms. Lauri Dannemiller Mr. Mark Graham Community Development Department City of Englewood, Colorado Jesse Silverstein Colorado Brownfields Foundation Oxford Recycling Business Incubator (J 10184 West Belleview Avenue, Suite 100 Littleton, Colorado 80127 303-991-0074 www.ColoradoBrownfieldsFoundation.com The Colorado Brownfields Foundation, a Colorado nonprofit, has a mission to overcome environmental obstacles to economic development. A significant part of that mission is to promote recycling business, especially when those businesses can locate at and help clean brownfields sites . In this regard, the Colorado Brownfields Foundation (CBF) is in discussion with John Kent of Oxford Recycling to discuss the concept of locating a Recycling Business Incubator at the Oxford site on West Union Avenue adjacent to the South Platte River. The CBF has formed a business relationship with the University of Colorado Business Advancement Center (CU-BAC), a virtual business incubator located in Boulder. CU-BAC houses an environmental business development center which assists researchers and laboratory scientists with developing business plans to take emerging technologies to market. However, Colorado lacks a facility to assist these emerging businesses in commercializing these technologies and bringing them to market. Currently in a conceptual phase, the Oxford Recycling Business Incubator would be located at the Oxford Recycling site. The incubator would give emerging business a location and access to inventories of recyclable materials. The facility would add value to Oxford recycling 's existing inventory of materials and potentially increase the underlying property value. The incubator has the potential to become a regional economic hub for such environmentally friendly manufacturers. There is currently a EPA Smart Growth grant available only to existing EPA brownfields pilot cities ($50,000 per year, 3 years). This grant can be used for planning purposes . As our discussions with John Kent progress, we anticipate the need to formally start planning the facility . We are asking the City of Englewood if, as the need arises, it would partner with CBF to pursue this grant to plan the Oxford Recycling Business Incubator. Please let me know if you have any questions and thank you for your consideration . ' .. . .... • • AeOUTUS MISSION STATEMENT The purpose of the Colorado Brownfields Foundation (CBF) is to overcome environmental obstacles to local economic and community development. This mission will be accomplished by providing capital resources, technical assistance, strategic research and educational services to Colorado's communities. ORGANIZATION AND AcTIVITIES The Colorado Brownfields Foundation is a <haritable organization whose activities will directly combat community deterioration, lessen the burden of local government, return property to economically productive or public-space uses, and increase investment in economic and community development. The Colorado Brownfields Foundation, a Colorado non-profit corporation formed on January 30, 2003, is operated via an operating Board of Directors, an Advisory Council and a (5) person staff. An application for Tax exempt 501(c)(3) status has been submitted to the IRS . The Colorado Brownfields Foundation provides the following resources: 1. Community capital resources CBF will avail itself as a financial partner to rural and urban communities that have an inability to draw on other sources of funding for environmental remediation. Th.e Colorado Brownfields Foundation will raise capital via grants and charitable contributions to remediate environmental conditions and encourage economic and community development. The Colorado Brownfields Foundation activities include : LS Taking title to environmentally contaminated sites via charitable contributions . conduct remediation activities to restore development potential in preparation for reuse, and deliver clean sites to entities for reuse ; and LS Providing grant and/or loans to eligible projects, i.e . -CBF may provide seller-financing to purchasers intend~1g a redevelopment project. ' .. a ,• • 2. Recycling Resources CBF will support business development by providing strategic research support to promote local recycling technology businesses and regional product markets. In addition to job creation, recycling technology businesses can bcate at brownfields sites providing an interim site reuse and a means to remove hazardous materials from the site . Colorado Brownfields Foundation 's activities include: AS Identifying and developing value-added recycling technologies for the local recycling industry; .ll! Identifying and developing product markets for recycled materials; .ll5 Attracting recycling related businesses to local markets; is Cultivating a statewide network of recycling technology operators: and is Assisting with financial or technical grants to further recycling technology opportunities. 3. Community resources CBF will provide education, research, and technical assistance to local governments and community organizations to facilitate the identification. inventorying, and redevelopment planning for brownfields sites . Colorado Brownfields Foundation's activities include: .er Lending professional expertise to brownfield revitalization projects from site identification and analysis to physical redevelopment; .ll5 Grant writing assistance; .ll! Hosting outreach and educational events like workshops, seminars, classes, and conferences concerning redevelopment issues ; .ll! Increase awareness of government programs and national organizations associated with brownfield redevelopment; and /IS Implementing research projects to further the CBF mission . CONTACT INFORMATION 10184 West Belleview Avenue, Suite 100 Littleton, Colorado 80127 Phone 303.991 .0074 Fax 303.991 .0075 info@ColoradoBrownfieldsFoundation .org www.ColoradoBrownfieldsFoundation .org • • FACT SHEET WHAT IS A BROWNFIELD? A site where reuse or redevelopment is complicated by hazardous substances, pollutants. or environmental contaminants. COLORADO 8ROWNFIELDS FOUNDATION A non-profit partner for communities, local governments, and commercial enterprises to help reuse and redevelop brownfield sites . WHATWEOO The purpose of the Colorado Brownfields Foundation (CBF) is to remove environmental obstacles to community and economic development. This mission is accomplished through three programs . 1) Being a financial partner by accepting property as a charitable contribution, resolving environmental issues for that property, and delivering a clean usable property back to the market. CBF can provide seller financing to the new use when appropriate. 2) Bringing technical resources to communities that lack the knowledge base, financial, and/or technical resources to identify and develop solutions to brownfield issues. Activities include conducting research studies , community outreach and educational activities . 3) Promoting recycling businesses and technologies that can create jobs or clear environmental hazards . CONTACT INFORMATION 10184 West Belleview Avenue , Suite 100 Littleton, Colorado 80127 Phone 303 .991.0074 Fax 303.991 .0075 in fo@ColoradoBrownfieldsFoundation .org www.CnloradoBrownfieldsFoundation.org • • COLORADO BROWNFIELDS FOUNDATION BoARD MEMBERS Mr. Jesse Silverstein -Director Colorado Brownfields Foundation President Development Research Partners, Principal Ms . Patricia Silverstein -Director Colorado Brownfields Foundation Treasurer and Secretary Development Research Partners, President Mr. Mark Walker -Director Colorado Brownfields Foundation Vice President Colorado Department of Public Health, Hazardous Materials and Waste Management Division, Voluntary Cleanup Program Mr. Eric Bergman -Advisory Council Office of Smart Growth Colorado State Department of Local Affairs Ms . Michelle Claymore-Advisory Council Jefferson Economic Council Mr. Tony Chacorr-Advisory Council Revitalization Coordinator, City of Westminster Mr. Richard Garb-Advisory Council Fellow, Sonoran Environmental Research Institute Casson Duncan Construction Mr. Jerry Haile-Advisory Council El Paso County , Environmental Services Department Ms . Terry McCullough-Advisory Council McCullough Research Group, LLC Mr. Peter Nadel-Advisory Council Gorsuch Kirgis, LLP Ms. Jennie Virgilio-Advisory Council Deputy Director Colorado Office of Economic Development & International Trade Ms . Sherry Weinstein-Advisory Council Logistics Limited, LLC 10184 West Belleview Avenue , Suite 100 Littleton , Colorado 80127 303-991-007 4 www.ColoradoBrownfieldsFoundation.org The Recycling Business Incubator Concept A goal of the Colorado Brownfields Foundation's Recycling Committee is to foster business growth, especially of recycling companies . Currently, there are recycling technologies emerging that promise to expand the end-uses for recycled materials, thereby strengthening the market for those materials. Many of these emerging technologies have made it past their research phase and are ready to be scaled up to for commercially viable applications . The Colorado Brownfields Foundation would like to develop a small business incubator to grow the markets for recycled materials . Conceptually, the recycling technologies business incubator would be about 10,000 square feet with some yard storage space . For discussion purposes, the concept encompasses the following key points: • The CU Business Advancement Center at the University of Colorado-Boulder helps recycling researchers with business plans to commercialize their technologies. However, Colorado lacks appropriate facilities to enable such business development. The Colorado Brownfields Foundation has established a strategic alliance with CU- BAC to identify tenants for the Recycling Business Incubator. • The Colorado Brownfields Foundation will negotiate a land lease that may entail direct rent payments, tenant revenue participation, charitable donations to the Foundation , and/or other financial considerations. • The Colorado Brownfields Foundation will construct the facility and CU-BAC will be the facility administrator. • The Colorado Brownfields Foundation and CU-SAC will jointly establish occupancy, rent , and credit criteria for potential tenants of the Recycling Business Incubator. The operating plan will balance the need for revenue to the facility with the need to enable emerging businesses. Businesses that successfully outgrow the incubator will be encouraged to locate nearby, thereby retain ing the economic benefits to the co mmun ity . • It is desirable to include an educational element at the incubator such as visitor view ing areas for school kids or other interested parties . • Deve lopment and operational costs for the Recycling Business Incubator will be funded through a variety of sources available to the Colorado Brownfields Foundati on and CU -SAC that may include grants (HUD , COBG, EPA, Coldrado Bus iness Development), charitable donations, and/or local funding. In short , the incubator would bring end-users directly to the site and eventually creating a re gional hub for such businesses . t .. • • • - ~~ ~ {J-k u AGENDA FOR THE :tr. ') . .• . REGULAR MEmNG OF ~ ~ THE ENGLEWOOD CITY COUNC~IL ~ ff. MONDAY, JULY 7, 2003 r:LJ'v 3 7:30 P.M. ~f. ~ Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '):c/(J ~ 2. Invocation . /J~ 3. Pledge of Allegiance.~ 4. Roll Call.{!~ /Jf;? ;•:;nute, kom lhe Regula, c;1y Couocil Meedog of Juoe 16, 200~ 6. Scheduled Visitors. (Please limit your prese11tation to ten minutes.) -v . V ' '-/)-a. Roxane Moc ·j(" ~~ a~City Council regarding nighttime ~se • from anagement trucks and from the Transfer F~cility. /'5'Y'..,.. v;,;10~. (~e,se Umrtyoy, Pl"'JJl'~on~~~ .:i.3o r~ . s:)So 'l/l)·'Zlt4I,L ~-r-r Com · tions, Proclamatio~s, and Appointments. · ~ ~n'lo from Public Works Director Ken Ross requesting that Council acce~. l'f'P" odge's resignation from the Englewood Transportation Advisory ~ittee and appoint the current alternate member, Cinda Losee, in her e. f). ·J _5j b . A resol~tion reappointing Laurett Barrentine to the Englewood Liquor Licensing /(//40 Authority. 51 /), J., '{'J.-A resol~ti_on reappointing Eric Bertoluzzi to the Englewood Cultural A~-' Ah~~ l2dJl -Comm""•" 0" ~~ ~ P'feMe note: If you haw a tlulailly wl llftll......, ........... plwe aodl¥ Ille Clly of l .. 1•oOII (303-762·2"105) at INlt ti a.-. in..._.., .... _._ .. ...a.. 1-*you. t -~ .•' • • Enpwood City Council Agenda July 7, 2003 Pagel /?wll!i> d. ~/!-t;;j_ e. ~5;~- ~~ ~- /i4-t!ts£ ~SJ· liM#UJ ~# ~~- /?MJll~n . ~,4t!ldo. fJwkr,. !1#11=.IM . A resolution appointing Brian Bleile to the Englewood Planning and Zoning Commission.?~ A resolution apP,Oinf ng ~ike Calahan t the Englewood Code Enforcement Advisory Commltt~ A resolution ap~nti~ to the Alliance for Commerce in Englewood ,ft A resolution reaplj>Ointing Jonathan Crowell to th e Englewood Code Enforcement Advisory Committee. A resolution reappointing Jason Fish as a youth liaison to the Englewood Public i\ Library Board. A r~solution reappointing Deborah Guinther to the Alliance for Commerce in Englewood. A resolution app,:>inti eep Englewood Beautiful. A resolution reappointing Christopher Jones as a youth liaison to the Englewood Parks and Recreation Commission. A resolution appointing Cinda Losee to the Englewood Transportation Advisory Committee. A resolution reappointing R. L. Lunders to the Englewood Liquor Licensing Authority. ~ A resolution appointing Englewood. · A resolution reappointi Commission. tt to the Alliance for Commerce in the Englewood Cultural Arts A resolution recommending the appointment Englewood Housing Authority. A resolution appointin~ an alternate member of the Alliance for Commerce in Englew~/ 9. Public Hearing. (None scheduled) ~ PleMe note: If you have a lllallllly wl MN...._,_. or---. plwe llllllfr die Clly ol I ,, .... (303-762-2405)ati..tai.-.1a .... o1.._...__......_ ..._.,... • t Englewood City Council Agenda July 7, 2003 9-i,rnn_llfF f/fP'?--0 ~ ;,!:If l/'W r;}--(! 1· ( cJ!V Pagel 10. Consent Agenda. ({) a ( / {r I . i ;.. a. Approval of Ordinances on First Reading. b. i. Council Bill No. 46 -Recommendation from the Englewood Election Commission and the City Clerk 's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. STAFF SOURCE: Frank Gryglewicz. Director of Finance and loucrishia Ellis, City Cert. Approval of Ordinances on Second Reading. Council Bill No. 42, amending the Englewood Municipal Code pertaining to graffiti. Council Bill No. 43, approving an Encroachment Permit and Indemnity Agreement for a retaining wall at 4496 S. Delaware Street. c. Resolutions and Motions. Recommendation from the Utilities Department to adopt a resolution approving a License Agreement for Brown Ditch on Watson Lane. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11. Regular Agenda . a. b. c. App~of Ordinances on First Reading. Appro al of Ordinances on Second Reading. i. Recommendation from the Human Resources Department to adopt a /L~ resolution approving a Collective Bargaining Agreement with the Englewood ~ 70 Employees Association for the years 2?';~=..:._5TAF~ SOURCE: Sue a/fp ./ Eaton, Human Resources Director. V~ IT ~ ~ approve, by motion, a grant application seeking Smart Growth funds fro ~S--r_~ ii. Recommendation from the Community Development Department to® the U .S. Environmental Protection Agency. STAFF SOURCE: Mark G c,--~ ... .. • • Englewood City Council Agenda July 7, 2003 Page4 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report I 14. City Attorney's Report. Adjournment. f:~ ~ The following minutes were transmitted to City Council between June 13 and July 3, 2003: • Englewood Cultural Arts Commission meeting of May 7, 2003 Englewood Transportation Advisory Committee meeting of May 7, 2003 Englewood Parks and Recreation Commission meeting of May 8, 2003 Englewood Planning and Zoning Commission meetings of May 20 and June 3, 2003 Englewood Code Enforcement Advisory Committee meeting of May 21, 2003 Englewood liquor Licensing Authority meeting of June 4, 2003 Plwe now. If you 11aw a lllalillty ad--,...., .................... Cllr"C , =- (303-762·2405) al .... • ....... ..__.,, ....................... ,... IJ't/Q Call to order p.m. 1. 2. 3. Invocation ~ Pledge of Allegiance 4• Roll call Members: '2 present ·• • • ' •· • ·• - • • 'I .• . . ;_ • . . . . : ' : . ·. ·• • • r"! hJ (--l (...__) . ' ' .. . • . • • • ·• . .. . . . ' . . .