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HomeMy WebLinkAbout2003-09-15 (Regular) Meeting Agenda Packet- . ',· .. .. ~: ·, .. • •• _.. __________ _;. ___ __. __ ~ .. •• • • ... •.·· ,. I ., . • .. . , .. . .. . .. . -·· .... ... . . , ... . ~ .. ... .. . . :· ·~· . . Regular City Council Meeting September 15, 2003 Ordinance II r, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 Re s o l ution~· ~9, 80, 81, 82, 83, 84, 85, 86, 87 • ' , • .. • \, . ' • • ' 0 . .. ·"· ' ' • j • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sealon September 15, 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 . Invocation The invocation was given by Council Member Nabholz. 3. Pledae or Allepuace The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoDCall Present: Absent : A quorum was present. Also present: 5 . Minutes Council Members Nabholz, Moore, Grazulis. Garrett, Wolosyn, Yurchick, Bradshaw None City Manager Sean Assistant City Attorney Reid AssiSWII City Manager Aaherty City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Director Fonda, Utilities Lieutenant Collins, Safety Services Housing Finance Specialist Grimmett (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETI.NG OF SEPTEMBER 2;2003. Mayo r Bradshaw asked if there was any discussion or any com:,c:tions or changes . There were none. Vote results: Ayes : Council Members Nabholz, Moore. Ganett. Wolosyn. Yurchick. Grazulis, Bradshaw Nays: None Mo ti o n carried. 6. Scheduled Vlalton (a) Director Fonda 5aicl it is my pleasure IO inaoduce F.dyta Stec-Uddin. one of our apprentice Plant Operators who came to this counlry from Kresno. Poland in 199S. She stanod workina in • • Englewood City Council September 15, 2003 Page2 Granby, in the hotels thr,,re. She progressed on and received her D-Wastewatcr License. She then joined us as an apprentice Plant Operator, to get her C license . She joined the Bi-City plant on February 25, 2002. On July 2nd she received her U .S . citizenship and we are very proud of that accomplishment . We would like to honor her this evening, he said. Edyta, please come up and receive the flag from the Mayor. Mayor Bradshaw presented Edyta Stec-Uddin with an American flag and offered congratulations. There was a round of applause . Director Fonda thanked Mayor Bradshaw. Mayor Bradshaw said some of us take that for granted. but it is a lot of work. 7 . Unscheduled Visitors (a) Jane Coleman. 3901 South Galapago Street, said I am speaking to you today regarding the off leash privileges at Bates Logan Park. I represent a constituency of approximately 150 members of the Jason Bark Park Group, of which I am the Club Coordinator. We arc asking that you not do away with the off leash privileges at Englewood's off leash parks. Today, with a year and a half experience behind me, I feel that I can accurately say the following : I . Off leash privileges in a City owned park arc a good thing. Off leash privileges allow a use for the park, which wasn't there before. 2. Off leash privileges have provided us with a clean and sanitary parks system. As people use the park and walk the areas. unclaimed poop is picked up. trash and debris is collected, and refuse by thoughtless humans is carried to a nearby trash bin. 3. Drug abuse within the park is practically non-existent. The same goes for gang related incidents. With the advent of off leash privileges, there arc just too many people and too many dogs. 4. Off leash dog owners, using the park. have taken an "ownership" approach to the park ... the parks arc their parks, providing extra eyes for any abuse of the parks. S. Off leash privileges have opened a door for the senior citizens to walk their dogs safely. Englewood has become an adult community. Many people. such as myself, moved into Englewood during the ?O's, their children attended Englewood schools, went off to college and returned to work in nearby communities. School enrollment is down and has been on a steady decline . The 19SO's enrollment was 4500 and today it is 2800, with the Open Door Policy kids arc coming from outside the district. There is no need to reserve area parks for children who arc no longer there. 6 . During this year and a half. not one incident of a dog biting a child, mauling a child. or attacking an adult or' child has been reported in Englewood. For the past two summers. buses of children were brought in daily. using the park as a summer day camp. Not one report was made that there was a problem concerning children and dogs . 7. Parks arc meant to be used, not just looked at. 8 . Englewood has led the way, and is being shown as an example. by their decision to allow off leash parks within the City. Denying use of Bate s Logan as an off leash park. would be taking a step backward. City Council has given approval of the off leash dog privileges every six months for the past year and a half. 9 . In the year and a half that we have had off leash privilege; in Englewood parks, there has not been one summons or ticket issued on an officer initiated or complaint call to Bates Logan. Because a few people have objected to off leash privileges. she said . that is no reason to deny the benefits to the many people who use and enjoy the park . 10. If even one park has their off leash privileges taken away. it will throw the balance, of the other leash parks. off. The overuse will take a toll . We have a good balance now and upsetting that balance will affect everyone. and wo uld create a lose-lose si tuation. I have a suggestion. I would suggest that a citizen's committee be formed to work on a compromise that would accommodate the majority of the people of Englewood. 11 . The Bates Logan Park was donated to the City of Englewood 40 plus years ago. Once a gift is given. the donor relinquishes control of the gift . It would be nice to be able to accommodate the giver. however. the decision for the proper use of the park should go to the Council who has heard all the facts about off leash. rather than a sentimental memory of how things used to be . Times have chansed. People are living in apartments now. with dogs as the roommates. and dogs need areas to run. It is aood for the mcnaal and physical health of Englewood people to be able to use the grass. trees. open space. fresh air and congenia lity of other people doing the same thing ... walking their dop in the park. It i a fact that New York City recognizes the value of off leash privileges in a park. They have an off leash park every 20 ' • • 0 Englewood City Council September 15, 2003 Page3 blocks. Thank you for letting me address this group, she said. I hope that you will listen to the people in Englewood and be fair about your decision. Thank you very much. Mayor Bradshaw thanked Ms. Coleman (b) Anita Halick, 782 East Amherst Place, said this is my son and we have been there for four and one half years. One of the reasons we bought our residence, is because we arc only one block away from the park . I am sad to say that I just recently had a neighbor move away from Englewood, because of the new off leash law. Since the summer of 2002, the Logan Bates community has voiced their opposition to having their neighborhood park taken away from them. Two months ago, the Logan Bates community came to you with petitions, making it very clear that this park was not suited for an off leash dog park. Logan Bates is an established play area, picnic area, sport fields and family park. I am here again . I have more petitions and I have more letters that I would like to submit. For six seasons now, our park has been taken away from us . Families no longer go to the parks. They are tired of being solicited by dogs that are not wanted, children arc afraid to play any sports due to the high content of feces, and I can only imagine that Code and Law Enforcement must be getting tired of having to constantly re-enforce the posted rules . They are posted rules and for six seasons the rules are not being followed . The dogs are still unleashed on the playground, the picnic shelters and the ball fields. The amount of feces present is evidence that it is not being picked up. And, when you sec owners having to call their dogs back five, six and seven times before they finally return, that is not voice command. According to the Tri -County Health Depanment, there arc four main illnesses that occur from the amount of feces that is present at this park . The key to all these illnesses, is that it docs not matter that the feces is wet, dry or six months old. These illnesses arc all preventable. I would like to submit this infonnation I received from the Tri-County Health Department. In closing, I would like to know why this City Council has not responded to this community that has voiced opposition for more than a year. We would like to know what it is going to take. Is it going to take children getting bitten, on a more frequent basis? Is it going to take a lawsuit. or will you finally just listen to your hearts and give this community their park back? My son would like to say just two things . Her son held up a sign he had made and said it is just breaking my heart that I can't have the park and that I can't play there anymore . Thank you, Ms. Halick said. Mayor Bradshaw thanked Ms. Halick. (c) Colleen Bowen, 661 East Bates Avenue, said this is~ son Mark and I just have to say it was incredibly moving about the lady that got her citizenship on July 2 . That is what America is all about and I just wanted to tell you it is a privilege to be here and witness that. I live adjacent to Bates Logan Park and I moved there in April of 2001. We specifically chose that neighborhood . We had our rcaltor pull up Englewood homes that were adjacent, in very close proximity to parks. I home educate my sons; so being adjacent 10 a park was a very high priority for me, so that they could enjoy playing with their neighborhood friend s. We do have a police report on file and I will bring it to the next meeting. About three or four months ago. Mark was bitten by a dog. He was rollcrblading through the park and the dog chased him . There were several witnesses in the neighborhood that affirmed that Mark did nothing that provoked the dog. So we had a police report made at that time and I will get that to you . He wits also, just two days ago. c harged down. So, when springtime came this year, my boys came home and reported to me that there was a lot of poop in the park . I had some conversations with neighbors about that. Then a few days later, I asked Michael and Mark to just do me a favor and go over there and count the poops. When they came back, they had made a tally, they had counted 43 and said "Mom, we haven't even put a dent in the park." There were 43 piles and that was probably May. My primary concern about the park is number one .. .! do feel stro ngly that dbgs need to be leashed . I think that parks belong to all the citiu:ns of the community and Bates Logan is a park that is really heavily used by all kinds of people. We have the Englewood Soccer League that uses it and they make a joyful noise on Saturday, when they are there. We have loo of young men that use the basketball court, which is a wonderful outlet. We have lots of children that enjoy the play area and families that enjoy the park . The covered picnic area is U5ed by families week after week . The park 1s used by families , but yes, I do know that there is less use going on. because people are avoiding the t .. • • Englewood City Council September 15, 2003 Page4 dogs. I know that Joey Halick was in the pilot program at Jewish Medical Center for asthma last year . I know that this little boy will be in an emergency room if he so much as gets a kiss from a dog. I brought some paper work, that I would like each member of the Council to have IOnight, from the Department of Transportation, which talks at length about what happens when children get bitten by dogs. I will make s ure that you get that. My neighbors and I feel this way ... and I know we have one or two neighbors that don't ... but I would say that out of maybe 30 conversations that I have had with a variety of neighbors in the last six month period, I have only come across two that don't agree, and I've come across maybe 30 families that would like to sec dogs back on leash. There arc two families that arc in suppon of dogs being off leash. With dogs on leash, everyone gets IO enjoy the parks safely. I understand there has been some conversation about tearing out the rest of the park and making that a total dog park. I think it would be a travesty. I know that, for myself, I purchased my home to live adjacent to the park and I anticipate the day, hopefully, when my grandchildren will play there as well . I do feel, in a nation where we have government that is represented by the people and for the people, that we can't allow the special interest of one group of people, to usurp the benefits for everybody. It is really the way it should be, is the greatest good for the greatest number. I would say also, that I disagree with the lady who says that Englewood is an aging population. There arc lots of young families moving into Englewood. I moved here, the Halick's moved here. There are lots of young families that live adjacent to the park . We arc buying up these houses now where people have retired and gone to nursing homes. We love this community and Englewood is a great place to live. It is an optimal place to live. And, she said, I hope it stays that way. Mayor Bradshaw thanked Ms. Bowen. (d) Adam Halick, 782 East Amherst Place, said I am the husband of Anita and we live about a block or block and a half from Bates Logan Park. A lot of what Colleen said, I couldn't agree with more. In all due respect to Jane Coleman, I think there is only one thing I could agree with her on, and that is that there arcn 't children in the park anymore. She had made mention of that. It is clearly obvious to most of us who live in the neighborhood that the reason for that is, because the dogs have taken it over. I think that there is some son of misconception among those of us who oppose the dogs off leash in our park, as opposed to the people who want it, that wc arcn 't trying to run the dogs out of the park. wc arcn 't trying to run the people out of the park. be it the elderly or whomever arc the dog lovers. We want to make a compromise, much like she had eluded IO. Unfonunately, for both parties, there hasn't been any compromise made to anybody's satisfaction. To me, to my way of thinking, it is a no-braincr. I don't understand why it was decided to put an off leash pilot program in a park that has basketball coons, soccer fields and a very large playground, when everybody knows, that in Englewood we have a number of great facilities, or great parks, that arcn 't so geared toward children per sc. But, that decision was made so I think it is time to correct it. Even if this program is working in other parks in Englewood, we have brought petitio ns to you on two occasions now of people that live in this neighborhood, who voted for you, saying we want o ur park back. You drop by there any given day, and you will sec dog owners and dog owners o nl y. Bless their hcans. I love dogs too and they need a place IO run and play. Right next IO the playground, and on the soccer field and over the basketball coons where they arc doing their business, isn 't the place ... for more reasons that just health . So please, give us our park back. Let's make both parties happy . There has got to be a number of other parks, where the dogs can go and the owners will be happy. I did hear one rumor, and I say rumor because I haven't validated it, that Council was possibly considering moving the playground equipment to another park. To me, that makes no sense and I think to most intelligent people, it wouldn't. Why spend that kind of money? Really , if that is the case, arc we puning the dogs before o ur children? Thank you for your time, he said. Mayor Bradshaw thanked Mr . Halick. (c) Linda Counterman, 2975 South Pennsylvania, said this isn't the first time that I have approached Council . and Parks and Recreation. in regards to our off leash dog parks . Now, instead of just asking for Bates Logan Park, I am asking for responsibility for all of our parks . All of our parks arc free run. off leash parks. I'm not saying the dogs don't have the right to run, I'm ,ing we should do this ,, t • • - • Englewood City COllllCll September 15, 2003 Page5 responsibly, reasonably and safely. Our surrounding cities and communities have fenced off areas. Aurora is fenced. Why? To keep dogs from running and to keep other facility users safe ... to keep dogs from running into surrounding residential areas. Arvada has none. Boulder has two and they are fenced . Broomfield has none. Denver has none, however, I am told that there is one at 666 South Jason. Foothills Park has none. Highlands Ranch has four ... all fenced . Jefferson County has one ... fenced. Lakewood has one. It is not fenced, because it is an open space, undeveloped area, away from residential areas. I even went as far as Louisville and they have one ... fenced. Their common answer, when I asked why they fenced their parks, was safety. Not only for the dogs and their owners, but for the other people using the park facilities. Highlands Ranch has four successful parks. I have solicited Douglas County, as well. Douglas County was very interested in hearing what I had to say in regards to our free run, off-leash park. He didn't think that was very wise ... however, they are going to do two. When I asked if they are going to be fenced, he said yes. When I asked him why, again a common ground was safety, for all who use the parks. I'm not saying ... don't give our dogs a place to run, I'm saying keep our community safe. Keep our children safe. I think this would be a fine compromise. Jason Park has a wonderful space just south of the park ... the far south portion of the park. It is very long and it is very broad, from approximately the bathroom facilities and the south side of the basketball facilities. If it was to be fenced from there down, and over to the street, from the street level down and back, over to where that doggie day care center is ... that would be a fine area to fence. Northwest Greenbelt .. .it has no play facilities. I understand that it is, possibly, a compromising area or in a compromising area. However, these dog owners have made it a point that they feel safe, that they cleaned up one park. They did not. I've lived there for 18 years. l called the Englewood Police Department when there were infractions going on. I called when there were two gangs ready to face off. I called when there was a shooting, approximately three weeks ago in our streets. I do the calling. We cleaned it up. And as far as gang activity not happening ... there is plenty. We are still being tagged in the City of Englewood. And, I don't feel as though they have the right to say they cleaned it up. I've lived there for 18 years and I have called many times in 18 years. We helped clean that park up. I, we, the surrounding park citizens, the neighboring residences ... we call that park our home. It is our park as well . Thank you, she said. Mayor Bradshaw thanked Ms. Counterman. (t) Mary Bassett, 3026 South Sherman Street, said I live approximately three blocks from the park. I have heard a lot today and I just want to kind of share something with you. I live near the park and I know many, many people who live near the park. Pan of the reason I know so many people in my neighborhood, is through this park. I bring my dog, I talk with my neighbors and I keep up to date with what is going on in the park and in the neighborhood. It is a meeting ground; it is a place for us to get together as a community. I have a feeling that some of that is going to be lost, if we give up this off leash park. Just today, when I was at the park, I was looking around and seeing people addressing other dog owners to make sure the park remains clean and picked up. It is an amazing thing to see happen. I think we are very blessed by having the park in our neighborhood . I feel very lucky in knowing many, many, many , o f my neighbors who use the park with me . I do see children using the park. I see families using it. Today. I saw three families with babies going to the park in the neighborhood. I knew these couples before they had children, now they have children and they are bringing them to the park as well . So I just want that story to be told, as well . Thank you, she said . Mayor Bradshaw thanked Ms. Bassett. (g) Virginia Smith, 3165 South Sherman, said I wasn 't going to speak tonight, but the testimony we just heard contradicts the testimony from Jane Coleman ... that Englewood ii about older people. They just said they had babies in the park. I think we need to discuss the fact, or bring up the fact , that the urine stench is terrible. The feces might be cleaned up, but there is no way that you can clean up that urine . It is all over the walls and the circular thing that holds the flowers is stained and smells. The trees and the bushes arc being urinated on to the point that they are dying. That goes for everything the do gs can lift their leg on. That is kind of crude. but they are doing it. As far as relocating any of the ' .. .. ,.;, • • Englewood City COUDdl September 15, 2003 Pqe6 equipment in the park, I believe our City is running on a deficit. It is not fiscally sound, she said, to spend that money to move all of that equipment to some other location. Thank you . Mayor Bradshaw thanked Ms. Smith . 8 . ColDIDIIDicatlom, Proclanatlom and Appoln~a (a) considered . A proclamation declaring September 2003 as Drug and Alcohol Recovery Month was COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS DRUG AND ALCOHOL RECOVERY MONTH. Motion carried. Ayes : Council Members Nabholz, Moore. Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None (b) A proclamation declaring September 2003 as Pain Awan:ncss Month was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS PAIN AWARENESS MONTH. Motion carried . Ayes : Council Members Nabholz, Moore, Garrett. Wolosyn, Grazulis, Bradshaw Nays : Council Member Yurchick (c) A proclamation honoring Littleton Mayor Susan Thornton was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING LITl'LETON MAYOR SUSAN THORNTON. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw Nays : None Motion carried. (d) A proclamation,dcclaring October 4, 2003 as Maddox Elementary Day in honor of the sc hool'.s 50"' anniversary was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 4, 2003 AS MADDOX ELEMENTARY DAY IN HONOR OF THE SCHOOL'S sc,111 ANNIVERSARY. Mo1i o n carried. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn, Y urchick, Grazulis , Bradshaw Nays : None (c) A proclamation declaring the week of September 17 through 23, 2003 as Constitution Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2003 AS CONSTITUTION WEEK. • t .. • • Englewood City Council September IS, 2003 Page7 Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (f) A proclamation declaring September 2003 as Literacy Month was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS LITERACY MONTH. Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick. Grazulis, Bradshaw Nays: None 9. Public Hearing (a) Mayor Bradshaw advised that this is a public hearing to gather citizen input on the proposed 2004 Budget for the City of Englewood. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE PROPOSED 2004 BUDGET FOR THE CITY OF ENGLEWOOD. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw Nays: None Motion carried and the Public Hearing opened. Director Gryglewicz, being duly sworn, said I am going to provide the City Clerk with proof of publication that notice of this public hearing was published in the Englewood Herald on August 29, 2003 and September 5, 2003. Council is aware, staff is aware, and probably the public is too, that we have had a very difficult time putting this budget together. Since 2001, the City has lost over $5 million in sales and use tax . Because of the lost revenue, staff has made a number of cuts, one-time cuts and one-time transfers, to help keep our reserves up and our service level and staffing at the levels we have had in the past. Because we made the one-time transfers. and those arc no longer available, for 2004, everyone had to take a look at their budgets. The City Manager had everybody take a look to try to make a 10 per cent cut. which most of the departments did . The Proposed Budget indicates most of those cuts at this time. The 2004 estimated revenue, $33.163,507.00, has no new taxes in it. The expenditures were reduced from 2003, by 7 .2 per cent or $2.65 million . The budget for expenditures for the 2004 General Fund, are $34.128,390.00. Included in those expenditure cuts, is a reduction of full-time and part-time staff by 58 or 15 per cent of the work force in the General Fund. And the gap of $964,00.00 will be taken from Fund Balance. There arc two ballot issues going to the public this year ... one, a one-mill property tax and one, a $2 .00 head tax . If either of those, or b<Jth arc passed, then there will be some of those services and staff, may be looked at on a s upplemental appropriation done prior to year-end . Mayor Bradshaw asked if there were any questions. There were none . Mayo r Brads haw thanked Mr. Gryglewicz. Mayor Bradshaw asked if there was anyone who wished to address the Council about the proposed 2004 Budget for the City of Englewood. No one came forward . • • • Enpwood City Council September 15, 2003 Pqe8 COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDFJ>, TO CLOSE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE PROPOSED 2004 BUDGET FOR THE CITY OF ENGLEWOOD. Ayes : Council Memben Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw Nays : None Motion carried and the Public Hearing closed. 10. C-tApada COUNCIL MEMBER GARRETI' REMOVED ITEM 10 (a) (I) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (U) IIDd (IU) AND 10 (c) (I). (a) Approval of Ordinances on First Reading (ii) COUNCll. BILL NO. 65, INTRODUCED BY COUNCll. MEMBER GARRETT A Bll.L FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE, TITLE 4, CHAPTER I, SECTION 3, SUBSECTION 18, RELATING TO PURCHASES WITHOUT BIDS, AND ADDING A NEW SUBSECTION E RELATING TO RULES, REGULATIONS, AND POLICIES NECESSARY TO CONTROL PURCHASING ACTIVITIES. (iii) COUNCll. BILL NO . 44, INTRODUCED BY COUNCll. MEMBER GARRETT A Bll.L FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 7, ENGLEWOOD CODE 2000, BY ADDING NEW SECTIONS 251llllOUOH ) I, INCLUSIVE, PERT AININO TO NEWSPAPER CORRALS, AND AMENDING TITLE 11, CHAPTER 3, SECTION 3, PERT AININO TO OBSTRUCTIONS . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 11 -Regular Agenda .) (c) Resolutions and Motions (i) THE EXTENSION OF THE EXISTING LEASE OF THE OVER -THE -ROAD TRACTORS FROM RYDER TRUCK , INC . Vote results : Moti on carried . Ayes: Council Members Nabholz, Moore , Garrett, Wololyn, Yurchick, Grazulis. Bradshaw Nays : None • •••• Street Operations Manager Dell Momgomery came to the podium to addraa Conaen1 Aaenda llelll 10 (a) (i). Englewood City CouncU September 15, 2003 Page9 Mayor Bradshaw said, Dell, it is not that we have questions for you. Did you know this was coming? Mr . Montgomery replied that he had a clue when he saw Kells Waggoner. Mayor Bradshaw said for those of you who don't know, we had an awards ceremony, with cake and coffee, one afternoon, and somebody overlooked Mr. Montgomery. I kept waiting for him to be called up because Dell Montgomery has given 45 years to the City of Englewood. I would like to read a little statement. She said "Monty star1ed at the City in 1957 . He was hired as a maintenance man. We started Monty off at $1.80 an hour. Needless to say, that was a very long time ago. In 1961, Monty left the City to serve his Country and he was stationed in South Korea. He came back in I 963 and the City is very glad that he did. He star1ed out at the lowest rung in the organization and worked himself up through the ranks to eventually head up the lllrCCt operations division for the City of Englewood. We have seven square miles in the City of Englewood, over I 20 centerline miles of streets. over 40 miles of alleys and 750 lllrCCt intersections. For four decades, these assets have been in Monty's trusted hands. He has ovcrsccn the maintenance of the City's infrutructurc. Monty's devotion, care and concern have shown in what he did and how he did it. He has given us his best efforts in the I950's, the 1960's, ?O's, BO's and 90's and now in the twenty-flm century. And as a result, our streets arc in the best shape of any streets in the Denver metro area . When the South Platte ovcrtoppcd its banks in 1965 and 1969, Monty was there. Through the Christmas blizzard of 1982, the Thanksgiving blizzard of 1983 , the tree branch wrecking blizzard of 1997 and the second worst snow storm in Denver recorded history, which hit in March 2003, Monty was there." It gives me great plcuurc, at this time, she said, to present to Monty, on behalf of the citizens of Englewood, the employees and City Council, this certificate expressing our appreciation for your 45 years of dedicated service to the City of Englewood. Mr. Montgomery said thank you. He was given a round of applause . ••••• (i) COUNCIL MEMBER GAllllE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM It (a) (I). COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER GARRE'IT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD FOR COMPLETION OF THE U.S. 285 SIDEWALK PROJECT. VOk.--.lb: Ayes: Nays : Motio n carried. 11. Replar Aamda Council Members Nabholz. Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw None (a) Approval of Ordinances on First Reading (i) Lieutenant Collins presented a recommendation from the Department of Safety Service to adopt a bill for an ordinance amendina the Enalcwood Municipal Code to chanac the time limits for Abatement of Nuisances. He said the Code Enforcement Advisory Committee hu recommended that the current 30 day period of volunwy cleanup of a nuisance is way too long and that 14 days is a more reasonable time period for such cleanups. He IIOICd thi will help Code Enforcement ... it will make us a little more efficient. more effective. Mayor Bradshaw asked if there were any questions for Lieutenant Collina. There wae none. .. " t • • Englewood City Councll September 15, 2003 Pqe10 Council Member Nabholz said this is long overdue. Mayor Bradshaw agreed and said this will help expedite the time it takes to get something done when we complain about weeds. It will cut two weeks off the process . Mayor Bradshaw thanked Lieutenant Collins. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 51. COUNCIL BILL NO. SI, INTRODUCED BY COUNCIL MEMBER YURCHICK A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER 3, SECl'IONS 3 , 4, AND 6, ENGLEWOOD MUNICIPAL CODE 2000, ON ABATEMENT OF NUISANCES, TO CHANGE THE TlME LIMITS FOR B ATEMENT. Votensults: Ayes: Nays: Motion carried. Council Mcmbcn Nabholz, Moore, Garrett, Wolosyn. Yurcbick. Grazulis, Bradshaw None {b) Approval of Ordinances on Second Reading (i) Mayor Bradshaw said this Agenda Item is Council Bill No. 62, an emergency bill for an ordinance enacting a temporary moratorium on tbc cstablisluncnl of auto-relued uacs in tbc B-2 Business Zone District for a period of six months . She said Ibis is not really going to be six months ... it is going to be five months and two weeks. ls that correct? Mayor Bradshaw asked if there were questions or discussion. Tbcrc were none . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)-ORDINANCE NO. 64, SERIES OF 2883. ORDINANCE NO. 64, SERIES OF 2003 (COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBERS WOLOSYN/BRADSHA W) A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF S IX MONTHS. Vote results : Mo tio n carried . (c) Ayes: Council Members Nabholz, Moore , Garrett , Wo losyn, Yurchick , Grazulis, Bradshaw Na ys : None Resolutions and Motions (i) Housing Finance Specialist Grimmett presented a recommendation from the De partment of Community Development to adopt a resolution approving a proposed qrecment for a new line of credit wi th Vcctra Ba nk to support the acti vities o f the Housing Rehabilitation Enterprise Fund. She • • ... • En&Jewood City Council September 15, 2003 Page 11 said this line of credit is needed for the continuation of the Housing Rehabilitation Enterprise Fund. As it says in the memo. we anticipated that Vectra Bank would provide us with the agreement prior to this meeting. but that has not happened. My last word with them was that the essence of their letter, which is attached, is still going to be the essence of the agreement. The new agreement is just updated and the borrower is the Enterprise Fund that was newly created this last April . The City is not the borrower. I apologize for not having that available, but it is kind of the essence of the program to continue on because, without this particular agreement in place, it is going to be difficult for us to continue approving loans. We have been carrying, through cash reserves of the fund, all of the loans that have been approved so far , from the expiration of the last agreement, and we are getting a little short. So to continue doing that, she said, we desperately need to have this in place. so that we can be reimbursed and then be able to continue on with other projects that we have budgeted. Mayor Bradshaw asked if there were any questions for Ms. Grimmett. Council Member Yurchick said was this put out to other banks, or do we just go straight to Vectra and renew this every year? I had one of the other banks in town ask me why they weren't allowed to submit a proposal for this. he said. Ms. Grimmett said it was not put out as a normal type of RFP process. Vectra Bank provides a very unique service to us and in the past has acted as a lead bank, where they share the loans with other banks. The loans themselves are sold to other banks, kind of on a secondary market. The history of the program is that the initial loan has always been with one particular bank. Then that bank participates with others that chose to buy those notes from them. So that it is shared. It has always been handled that particular way. Vectra purchased all of the notes. I'm going back to when Wells Fargo withdrew u the lead bank. she said. They had been the lead bank prior, and that was approximately early to mid 90's, and Wells Pargo wanted to withdraw from that. Vectra Banlt stepped up and purchased all of the outstanding noces that Wells had in their portfolio, their share of it. That amounted to a substantial amount. .. at that point it was well over a half a million dollars. So they have been the lead bank ever since, based on that activity. Participation is up to the banks and we encourage all banks to participate. But it is a rather unique relationship that we do have, there is a lot of support that the lead bank provides to us and it is difficult to recreate that. This agreement would be setting up for this year and then three additional one-year periods, directly with Vectra . Mayor Bradshaw said it is not that it is a closed program though? Ms. Grimmett said correct. Council Member Yurchick said I heard differently. I heard that it is a closed program. Ms . Grimmett said it is up to the banks to participate with V ectra and we request that they do that. It has never been a requirement in past agreements. Mayor Bradshaw said what would you like to see happen, Mr. Yurchick'I Council Member Yurchick said I'm not requesting an RFP, but I think a notice should be published or something, so there may be alternatives out there. I just look at this as bein& a closed proaram . Mayor Bradshaw said okay. maybe that is historically an error that we have made. Council Member Yurchick sai d it says here that in the put. several other banks ~ve participated, and now • all of a sudden, we are locked in with Vectra. Mayo r Bradshaw said they are acting as the lead bank. that doesn't mean that other banks can't participa1c. ., t .. • • En&Jewood City Coundl September 15, 2003 Pqel2 Council Member Garrett said I think that it is fair . I think the last thing you want is to have a revolving bank every year and some of that commitment, also, is a part of it. I don't disagree that we should look al other banks, but I think when one bank pulls our, ii creates a problem ... as lead. Mayor Bradshaw asked what was it before Wells Fargo? Ms . Grimmett replied First Interstate . The Mayor said when it was First Interstate, Tom Dinkel served on the committee to help with this . He was the first person who helped us do this, when we started this home rehab loan prognun in the 70' s. So then it changed to Wells Fargo, but that wasn't their main thrust, so then Vectra picked it up. Is that correct? Ms. Grimmett said that is correct. Mayor Bradshaw said it was juat becauae Tom Dinkel was a banker who believed in home rehab loans, that we even got started. We can certainly revisit that the next time this contract is issued. Council Member Yurchick said I am not requesting an RFP be issued, but I think public notification would be in line. Council Member Wolosyn said I guess I need to ask, arc you questioning that the additional one-year periods will need to be negotiated? Mr . Yurchick said no, I am questioning the fact that it was a closed process, totally closed. Mayor Bradshaw said I disagree. I don't see it as a totally closed process. I see one bank being a lead and others can join in if they want to. But, Mr. Yurchick said, after the fact. Mayor Bradshaw said okay . City Manager Sears said we could facilitate a study s~ion, kind of an update. We can look at where we arc now and then take a look al the process and decide how we should go forward. Then we can come back with some alternatives . Council Member Yurchick said maybe nobody else is interested in it .. .l don't know, but l'mjuat saying that it should be open to anybody who wants to participate. Mayor Bradshaw said okay . Mayor Bradshaw asked if there were any other questions for Ms . Grimmett. There were none. Council Member Wolosyn said I wish the bank that has concerns would talk to all of us, instead of one person . II makes things muddy for me . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c:) (I) -RF.SOLUTION NO. 77, SERIES OF 2003. RESOLUTION NO . 77 . SERIES OF 2003 A RESOLUTION APPROVING THE NEGOTIATION OF A NEW LINE OF CREDIT WITH VECTRA BANK FOR $750,000 TO SUPPORT THE ACTIVITIES OF THE HOUSING REHABILITATION ENTERPRISE AJND AND APPROVING THE CITY MANAGER TO NEGOTIATE THREE ADDITIONAL ONE-YEAR PERIODS THAT WILL NOT INCREASE THE LINE OF CREDIT. Vote results: Ayes : Nays : Moti on carried . Council Members Nabholz, Moore , 0anett. Wolosyn, Yurchic:k, Gruulis, Bradshaw None .. F.n&Jewood City Councll September 15, 2003 Page 13 Mayor Bradshaw thanked Ms. Grimmett. 12 . General Discussion (a) Mayor's Choice (i) Mayor Bradshaw said the groundbreaking for the Rocky Mountain Medical Center, on the old City Hall site, will be Thursday, September 25111 from 5 :00 to 7:00. The groundbreaking ceremonies will be at 5 :45 p.m . (ii) Mayor Bradshaw said the National League of Cities Transponation Steering Committee is holding a conference in Denver. They will be touring here on September 25'" at 3 o'clock. (iii) Mayor Bradshaw said I would like to compliment the Parks and Recreation staff on the groundbreaking of the aquatics facility last Friday. It was really well done. I can't believe how that staff can pull things together. They had a ribbon cutting on a Saturday and then the next Friday they had the groundbreaking and both of them were really well done. So please let that staff know, she said. (b) Council Members' Choice (i) Council Member Garrett said regarding the rumor of closing down, or taking the playground equipment out of Bates Logan ... that has never been talked about at any meeting I have attended, either here or at Parks and Recreation. There was a recommendation out of the Parks and Recreation Commission that if the funds become available, then we would create an additional park, at Emerson Park, with playground equipment and make that more of an amenity park than it is now, which has no amenities at all. So that was what the motion was. But, Mayor Bradshaw said, it was never in lieu of Bates Logan . Mr . Garrett said it is in addition to and. also, in wanting to create more park space. (ii) A resolution in suppon of the Arapahoe County Open Space Tax Ballot Issue was considered . [Clerk's note: This item was listed as 12 (b) (i) on the Agenda .] COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 78, SERtF.s OF 2003. RESOLUTION NO. 78, SERIES OF 2003 A RESOLUTION SUPPORTING THE BALLOT QUESTION ASKING RESIDENTS OF ARAPAHOE COUNTY TO APPROVE A .25 PERCENT SALES TAX IN ORDER TO PROVIDE DEDICATED FUNDS TO PROTECT OPEN SPACE. Mayo r Brad shaw asked if there was any discussion. Mayor Bradshaw said I am going to vote for thi~ because, I think, Arapahoe County is the only county in the Denver metro area that does not have an open space program and our open space is going away rapidly . I think it is really important. It is a quarter of I per cent sales tax. Half the money collected comes back to the City to help with parks and recreation . Plus there is an opportunity for an additional 25 per cent of the monie s, o n a grant basis , for different parks and recreation programs within communities. I just think it is much better than the last proposal that we had . I think we were getting 25 per cent back . So we have the potential to get 75 per cent back in our community. So. she said , I will be voting in favor of this. t .. • • En&lewood City CouncU Sepkmber IS, 2003 Pa1e 14 Council Member Grazulis said to reiterate, it was one quancr of I per cent, and it will provide dedicated funds to protect our open space. Vok results: Motion carried. Ayes: Nays: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (iii) Council Member Wolosyn asked if the Parks and Recreation Commission is looking at taking action on Bates Logan? Council Member Garrett said we basically had about an hour and a half of public comment at the last meeting and we will be taking it up at a future meeting. The Chairman has not discussed whether it will be at the November meeting. It wasn't an agenda item, but all of a sudden it became a topic, so we heard from the public and we will be discussing that issue at a later meeting. Council Member Wolosyn said I have concerns that this remain a question of20 per cent of our off leash program for dogs and not bleed over into qucst.ioning programs that I understand arc running well . I think that the longer we go, that we may be in danger of that, and that concerns me. She pointed out that it was a pilot program in five parks and we seem to have a problem in one. Council Member Garrett said it was actually converted from a pilot program to a permanent program. Mayor Bradshaw said my concern is that the parks arc for everyone and I think, as a dog owner, I know that when children arc on the playground, I put a leash on my dogs so that they don't go anywhere. I think that those types of behaviors can be taught. I think that it is important for us to prcscnrc public parks for all the public, not just people with children, not just people with dogs and that we have to learn to work together on this. I hope that both c11.titics can come together, and work toward a positive outcome. Council Member Wolosyn said I agree. As I told you, I visited the park ... not enough ... but three or four times over a weekend, and I believe, to me it looked as if there is a solution for co-habitation. I would like to sec people move towards that. Council Member Nabholz said I wasn't going to say anything tonight, but as I have told you. I had 136 phone calls. I took 15 off of my message machine, and I had 198 E-mails. They weren't all positive. I too think things can be worked out, but I'm starting to feel that it is an entitlement to the folks who use the off leash program. There arc a handful of Englewood residents that use that park. ~ arc more from Den ver. Granted, it is a public park. I must admit , people who used the dog park really cleaned it up, bec ause the Saturday before when I was there, a soccer dad was beside himself, because the soccer field was loaded. If they can keep it picked up, if they can put their dogs on a leash like you do . as a responsible o wner. then yes, things can be worked out, but I will be tal!,ing to Parks and Recreation. I don't think we have heard the last o f thi s yet, she said, and I hope we can get to a real sensible solution for everybody. Mayor Bradshaw said Chairman Gomes told me that they went to the off leash park and found five deposits and went to a leashed park, Romans, and found forty -five. You know, I think our staff has better things to do than count that stuff, but I think it proves the point, that just because it is off leash, docsn 't mean it is cleaner or dirtier. That is what I am seeing, she said, because Romans is a very small park. Council Member Nabholz said I wish you could have seen the park the Saturday morning that I went. prior to a week ago Saturday. The dad had six kids out there ... little girls ... and it was filthy . Mayor Bradshaw said the high school is not an off leash park and there arc problems there all the time . ' • • Englewood City Councll September 15, 2003 Pa,el!S Council Member Nabholz said, as Council Member Wolosyn said, it is working well in other parks . It may not work for Bates Logan . We may need to move the dog park to the Emerson strip . Mayor Bradshaw said I still think people need to learn to cohabitate, peacefully. Council Member Nabholz said everybody is responsible . Mayor Bradshaw said I feel that people are really getting locked in their bunkers on this issue, and then nothing is going to happen and I think that is sad. Ms. Nabholz said, yes, they are, both sides, but I think a compromise can be reached . That is why I think we all need to work together. But, I don't need any more nasty E-mails . Mayor Bradshaw said I told them to quit preaching to the choir. Ms. Nabholz said come up with some solutions, don't just say it is my park and I can let my dogs run free . 13 . CltyMaaqer'1Report (a) City Manager Sears said I have been honored to be a speaker on Diversity Within Communities at the City Manager's Conference next week . I will be with a couple of other panelists from across the nation and I think there is some focus on what we are doing here in Englewood . Mike Flaherty will be Acting City Manager for the first three days next week . 14 . City Attorney's Report . Assistant City Attorney Reid did not have any matters to bring before Council . ••••• Mayor Bradshaw said wc need to decide about the Study Sessions. Is that clear that wc do not have Study Sessions the next two Mondays? October 6• will be our next Study Session. We will have an Executive Session at the budget retreat on the 27 111 • We need to set the time of the Executive Session at 11 :00 a.m . or do you want to do it first? Following a short discussion, it was decided that the Executive Session will begin at 8:30 a.m. 15 . Adjournment MAYOR BRADSHAW MOVED TO ADJOURN . The meeting adjourned at 8:40 p.m. ~d.~ • • AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD cnv COUNCIL MONDAY, SEmMBER 15, 2003 7:30 P.M. Englewood CMc Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80 ll 0 I l . Call to order. '7:'kJ~ ! 2. Invocation. '/)~ 3 . Pledge of Allegiance. ~ 4. Roll Call. tJ1l '7 ~ 5 . Minutes. . lf>pl '7-()•-M;oute, from d,, Regulac Oty Couodl m, .. og ofSeptembe, 2, 200~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Stewart Fonda, Director of Utilities, will introduce Edyta Stec-Uddin, Apprentice Plant Operator at the Wastewater Treatment Plant. who recently received her United States Citizenship. 7 . Unscheduled Visitors. (Please limit your presentation to five minutes.) All or the following unscheduled Vl§ftors spoke at>out the Pll::IUlfl pal]S : a) Jane Coleman c) Colleen Bowell e) Linda Counterman g) Virginia Smith bl An ita Halick d) Adam Halick f) Marv Bassett 8 . Communications, Proclamations, and Appointments ~'7-0a. A pro cla mation declaring September as Drug and Alcohol Recovery Mon~ ~ ft-/ b. A proclamation declaring September as Pain Awareness Month. J'uj.1.1.&J._ '{'AJi'f : YaR.Wtlk \ ·, ~-rl-~t5 ~ t/-:_.,OA pi'6cl arnation honoring Littleton Mayor Susan Thornton ./)~ ~ d. A proclamation declaring om~~, _2~3 as Maddox Elementary Day in honor of the ii(;( f'J-!) sc hool's 50 -. anniversary. v~ e . A proc~alion declaring the week of September 17 through 23, 2003 as Constitution ~fJ-0 W eek-/}~ Please no te : If you have a disability and need awciliary aids or services, pleue nolify the City of Enslewood (303 -762-2 40 5) at least 48 hours In advance of when ~ are needed . Thank • • Englewood City Council Agenda September 2, 2003 Page 2 a.pr;ll~f. A proclamation declaring September 2003 as Literacy Month.~ 9. Public Hearing. ~ '7-0 ~ ~1T ~.:tit,~~ a. A Public Hearing to f~ther input on the proposed 2004 Budget for the City of Englewood. P/tM.11)(_ t:i.ltAJK-"qt. y~~{))/ ~,z_ ~.' ' . L .,.. ,I IJ.nLla · ?-0 ~ ~IJ)d>t,_.~ A,JJ,,,JJJMJ~ GAR.R.Miaoof1//11U1r'io~i rR~M "1116-f.!6~r"9UJIJA ~,--0 a. Approval of Ordinances on First Reading. i. Council Bill No . 66 -Recommendation from the Public Works Department to adopt a ~ ~ .J- O~ 'J-0 bill for an ordinance approving an Intergovernmental Agreement with the City of Cher~ Tr Hills Village approving joint funding for the U.S. 285 sidewalk enhancement project . . STAFF SOURCE: KPn Rncc Public Wons Director,. . . t . ,IJ~'l-,; GA-llE!i lfDt}t.O 1D lrWl!J£~JJ~ A4tAJvA-ITU.~ /0«.11 wii ~D i'fJtl Utf'~ ii. Council Bill No, 65 · Recommendation from the Department of Finance and , Xcfministrative Services to adopt a bill for an ordinance amending the Englewood Municipal Code pertaining to Purchases without Bids to reflect voter-approved changes to the City Charter. STAFF SOURCE: frank Gryglewla, Director of finance and Administrative Services. iii. Council BiR No, 44 · Recommendation from the Department of Community O""evelopment to adopt a bill for an ordinance regarding management and regulation of newspaper corrals within the public rights-oi.way. STAFF SOURCE: Lauri Dannemlller, Senior Manager. · b. App~rdinances on Second Reading. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee 10 approve, by motiosl the extension of the existing lease of the over-th e-road tractors from Ryder True'( Inc. Aff SOURCE: Stewart H. Fonda, Director of Utilities and Jim Tallent. Operations Division Manager. 11 . Re gul ar Agend a. a. Approval o f Ordinances on First Reading. i. °ffd'l-0 Coun cil Bill No. 51 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance amending the Englewood Municipal Code to~ Um l" lo , Abatemeat of Nol"""' ST Aff SOIJlCE, U. I°'"' c.11 u _ _ · _ Pl ease no te : If you have a disab ility and need auxiliary aids or services, pleue notify the City of Englewood (3 03 -762 -2405) a t least 48 hours in adva nce of when services are needed. T1wlk f• t .. • • Englewood City Council Agenda September 2, 2003 Page3 b. Approval of Ordinances on Second Reading. (JIJ!r,/,. Cou"'' Bill No. 62, '" =e.g,ncy biU fo, ~ o«li"""" '""""B a '"""'°''"' )}, jJ J, ~ /)1111:J '7-0 moratorium on auto-related uses in the B-2 Business Zone District, as amended., .....,,_'7} vrr"' c. Resolutions and Motions. Recommendation from the Department of Community Development to adopt a resolution approving a proposed agreement for a new line of credit with Vectra Bank to support the activities of the Housing Rehabilitation Enterprise Fund. STAFF SOURCE: Janet Crimmett, Housing Finance Specialist. n~ 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. /J,o;'J[ ~ A "'°"'"" '" """'°" of the hapahoe Cou"ty Open Spaa, T"' e.ftot ,..,,~ 'ff:!. City Manager's Report 14. City Attorney's Report Adjoumm,"t r:t/or,--- The following minutes were transmitted to City Council between August 29 and September 11, 2003 : • Keep Englewood Beautiful meetings of May 6, June 3, July 8, and August 12, 2003 • Englewood Cultural Arts Commission meeting of Augu st 6, 2003 • Englewood Plann ing and Zoning Commission meeting of August 19, 2003 • En gl ewood Code Enforcement Ad visory Committee meeting of August 20, 2003 Please note: If you have a di sa bility and need auxiliary aids or services, pl9se notify the City of Englewood (3 03-7 62-2 40 5) at leas t 48 hours in advance of when services are needed. Thank ou. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 15, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1 . Call to order. '7:t/o~ 2. Invocation. 7)~ 3. PledgeofAllegiance. ~ 4. Roll Call . t1Jj '7 ~ 5. Minutes. . 1f!9' '7-{) ,. M;"""' from ~. "''"'" Oty Co,ncil m"'"• of Septembe, 2, 2003~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Stewart Fonda , Director of Utilities, will introduce Edyta Stec-Uddin, Apprentice Plant Operator at the Wastewater Treatment Plant, who recendy received her United States Citizenship. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) All of the following unscheduled v1s1tors spoke aoout the 01t-1easn oal'lc : a) Jane Coleman c) Colleen Bower e) Linda Counterman g) Virginia Smith bl Anita Halick d) Adam Halick I) Marv Bassett 8. Communications, Proclamations, and Appointments ~'1-a. A proclamation declaring September as Drug and Alcohol Recovery Month~ JJ.':P-4 ~--/ b. A proclamation declaring September as Pain Awareness Month. Ju,/~_ '" NA-/: 'ft.l R.ell tlk:..) ·, ~-'l"''""fJ · ~ t/:_tf proclamation honoring Liuleton Mayor Susan TI1ornton./)~ ·. , _ d. proclamation declaring 9')/°:.,'5 ~:0_03 ~s Maddox Elementary Day in honor of the ·:<3f'-::r '7-o SChOOf 's 50 1h annivenary. V V ~ _ e. .-\ pro cl~ation decl aring the week of Sep tember 1 7 through 23, 2003 as Constitution JFd '7 -; Vee k/ /~ Pleas e note : If \OU ha \ e a d1sab1litv and need auXJliary aids or services, please notify the City of Englewood 1303--6'.!-'.!4051 at leas t 48 hours m ad"ance oi when services are needed. Thank vou. Eng lewood City Council Agenda September 2, 2003 Page 2 Off-d"?-{)f. A proclamation declaring September 2003 as Literacy Month.~ 9. Public Hearing . Ofp-d '7-{) ~ ~ ~ ~.,;l:k ~~ a. A Public Hearing to gather input on the proposed 2004 Budget for the City of Englewood. Pl~R_FR.AAJK-q(Yr,li-{))/~'Z-~ .I 10.~o~sentAgenda. apj?-fi ?-O~~fj;~/k..;~~ ~ff_f.JT"U-M.O()G..IJ !tE-M IO~t FR~IN. ffli-0o~rlk$Uf~ -...... --"~""·· · a. Approval of Ordinances on First Reading. i. Council Bill No. 66 -Recommendation from the Public Works Deparment to adopt a ~ -· . .-r-- (,J~ 'J-0 bill for an ordinance approving an Intergovernmental Agreement with the City of Cher~ 'fr, Hills Village approving joint funding for the U.S. 285 sidewalk enhancement project. ~ !L1Af7 .. o· G~f;~~C~K~ie:~~i~P,t (TU.f;. !Oa.1i'-,.iii .41.J[)/~· I ~ ii. Council Bill N . 65 • Recommendation from the Department of Finance and ministrative Services to adopt a bill for an ordinance amending the Englewood Municipal Code pertaining to Purchases without Bids to reflect voter-approved changes to the City Charter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iii. Council Bill No. 44 . Recommendation from the Department of Community Development to adopt a bill for an ordinance regarding management and regulation of newspaper corrals within the public rights-of-way. STAFF SOURCE: Lauli Dannemiller, Senior Manager. b. Apprff rdinances on Second Reading. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion~the extension of the existing lease of the over-the-road tractors from Ryder Truck.Inc. S AFF SOURCE: Stewart H. Fonda, Director of Utilities and Jim Tallent, Operations Division Manager. 11 . Regular Agenda. a. Approval o f Ordinances on First Reading. i. Council Bill No. 5 1 -Recommendation from the Department of Safety Services to adopt a 6111 lo r an ord111ance ame nd ing the Englewood M un icipal Code to~ cge the time limits for Abatement of '-luisances . STAFF SOURCE: Lt. John Collin ~ I I Ple.1 e no te : II , ou ha , ea disab,lil) and need au,,liary aids or ser.1ces. please notify the City or Engll!\o\ood 303--62-::!405 1 .it leas t 48 hours in Jd,ance of when er.1Ces are needed. Thank you . • • Engl ew o od City Council Ag enda Sep tember 2, 2003 Pa ge 3 b . Approval of Ordinances on Second Reading . tlkJ!'rr/i . Council Bill No. 62, an emergency bill for an ordinance enacting a temporary /ff Al~_/ Cl.pfd t/-0 moratorium on auto-related uses in the B-2 Business Zone District, as amended ., ......, ,..,., '7J c. Resolutions and Motions. Recommendation from the Department of Community Development to adopt a resolution approving a proposed agreement for a new line of credit with Vectra Bank to support the activities of the Housing Rehabilitation Enterprise Fund. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist/)~ 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. ~:/ '7-0 A ce,olot~o lo ruppo,1 of the A<apaho, Coooty Opeo Space Tax B,Hot lsso,~ ~ City Manager's Report. 14 . City Attorney's Report. Adjoommeot. f:,/or,-- The following minutes were transmitted to City Council between August 29 and September 1 t, 2003: • Kee p En glewood Beautiful meetings of May 6, June 3, July 8, and August 12, 2003 • Eng lewo od Cultural Arts Commission meeting of Augu st 6, 2003 • Englewood Pl anning and Zoning Co mmission meeting of August 19, 2003 Eng lewood Code En fo rcemen t Ad vi so ry Committee meeting of August 20, 2003 Pleaie note: If ,ou ha , e a d 1sab1li tv and need auxiliary aids or ser.1ces . please no tify the City o i Engl ewo od 303 -,6~-~-105 • t leas t -18 hours tn ad,ance o r when ser.·1ces are needed. Thank \OU. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session September 2, 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 pres r,nt: 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrett, Wolosyn , Yurchick, Bradshaw None City Manager Scars City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Simpson, Community Development Senior Planner Graham, Community Development Director Olson, Safety Services Sergeant Collins, Safety Services (a ) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 18, 2003. Ma yo r Bradshaw asked 1f there were any comments or corrections. There were none . Vote results: Ayes : . Mo ti on carried . Na ys: 6. Scheduled Visitors Council Members Nabholz, Moore, Garrett, Wolosyn, Yurch1ck. Grazulis. Bradshaw None !JI Dale Flo\\crs. 7'.!55 South undown Ci rcle . Lmleton aid I am here reprcsenung South Suburban P~r~ Fou nda11 n Group. \\hich I hope }OU arc familiar nuh. becau.e you have been a partner "uh u tur man}. man~ years an the building of the Ur ban Trail alo ng the Plane River. Ii-om the Dem·cr cu~ la mus J "n int o Chattield State Par k and beyond. Our mo I recent proJect. compleuon of a major • • -·"' Englewood City Council September 2, 200.l Page 2 phase. was a milli o n d o llar ex1en,ion. seven-tenths of a mile from Windermere Street 10 the Plane River, cro,sing a magnificent $-100 .000.00 bridge. that you and South Suburban. Liuleton, Urban Drainage, ere., etc . helped fund . We are very proud of that extension and we are continuing eastward, toward Greenwood Village. with 1ha1 project now. We ha ve no staff, we have very few expenses and over the years we haven't had muc h money 10 operate on. but for this project... this million dollars. we got a lot of kick for our buck. We ended up with some administrative funds that, we can't say we don 't need, but we want 10 see that it is judiciously used . A fow mo nths ago. we were asked to participate with members of the City staff and we auempted 10 ge1 a grant lo plan for an Urban Fitness Trail that would go from, basically, Swedish Hospital 10 the CityCenler here. In meeting with all the principals and parties involved, we thought it was a very, very e xciting idea. Unfortunately. he said, we did not receive that grant. We found out there was something like 600 grant submissio ns for, I think. three or four grants !hat were given, so we didn't !eel that bad. On the other hand. that has kind of been rolling around in our heads, as we think this is a marvelous, marvelous idea. Because we have been fortunate enough to have partners such as the City of Englewood. we would like 10 give to the City of Englewood a check this evening. We are always coming and asking you guys for help, and it is awfully nice to give back. Mr. Aowers said l have a check for $25.000.00 lo kick start. we hope. this Urban Trail project. He presented the check to Mayor Bradshaw. Mayor Bradshaw thanked Mr. Flowers. The audience showed !heir appreciation with applause. Mayor Bradshaw said isn 't this great. This will help us make it a reality ... a fitness/hike/bike trail from Swedis h Hospital down to CityCenter Englewood . This is an awfully good start. She !hanked Mr. Flowers . And I want Council 10 know. she said, that I abstained when they voted for !his. (b) Tony Raymond, from Flood Middle School's Technology Team. said we are part oflhe TSA Chapter. The TSA is the Technology Student Association. Late last Spring, we had some representatives from our Team come to City Council and request some funding to help get some of our Team members to the national conference in Orlando, Florida. The conference was held in late June. We s pent two weeks on the road, driving 10 and from Florida, with eight middle schoolers. Mayor Bradshaw said bless you. Mr. Raymond said it was a fun trip . These are just some of the students here tonight and they have some of their awards. Tonight we have a video that we prepared. It is a Iinlc souvenir !hat we created for the kids , but the segment we would like to show you, is actually a little bit of wruu the conference was like, so th at you could gel some id ~a of where your money went. These kids worked so hard . They were so exhausted and you will see !hat in the video. And, you will actually get to see !hem at the awards ceremony. At the awards ceremony. the State of Colorado high schools and middle schools combined, brought home 24 finalist pins, which means that 24 people finished in the top 10 in the nation. Of th ose 24, Flood brought home 5 . Of the 6 trophics the State of Colorado brought home. Flood brought ho me 2 . So, we really dominated the event for Colorado down there . If you would like to play the video. he said, it is all c ued up. Mr. Ra ymo nd conunued after th e vid eo 10 say that was the TSA Conference. In addition to the conference, we a lso vis i1 ed the Oklaho ma C it y bombing memo rial in Oklahoma City. We also visited Dealey Plaza in th e s ix-ll oor muse um in Dallas. So they go ! lo see all of that history as well . We go110 see a colorful s ide o f New O rl eans and fo r th ose o f us wh o were there, it was interesting. They al so goi 10 go to Disney W o rld and ex penenced some o f the Di s ney ma g ic . Then on the way ho me. we stopped in Atlanta and vis ited the Wo rl d o f Coke a nd sto pped in St. Lo uis and go110 go up inside the gateway arch. So. in addition to this TSA m p . they got 10 see a who le new s ide o f America that they have never seen before. I think most o f the m had ne ve r e ve n been o n a road trip. so this wa s a whole new experience for them . Without support fro m Ci ty C o uncil. "e pro bably wo uld no t have been able 10 get there . We want 10 !hank you for that . he ,a id . ~la}O r Brad s haw thanked :'vlr . Ra ymo nd . C,1 u,1c1 I Me m ber Nabho lz s a id I wo ul d like 10 say something w hile the gen!lemcn .1TC s ho wing the ir 1roph1e s. I co ul d no t believe what thi s club did fo r my so n and 1he o ther yo ung ladies and gentlemen th~t \\ere in 11 , but I take my hai o ff 10 Mr. and Mrs . Ra ymo nd . They took a 13 year boy, who was w1lhn g lO ,, ' .:., . ,• • • Englewood City Council September 2, 2003 Page3 ·• • • • learn . and he came back from the road trip a gentleman and a young man . I looked back on my sc hool years and 1t was about fifth grade that I realized that my teacher actuall y had a first name . I must say a teacher will always. at some point in your life, lea ve an impress ion . Mr. and Mrs. Ra ymo nd have left an impression with the se yo un g kids and with me , and fo r that . as a mother. I thank you. I am gomg to be helpin g o ut with 1he hi gh school chapter no w, s he said. Mayo r Brads haw said, yo u guys, we are so proud of you. Thank you. Lets give them a round of applause . There were given an round o f applause. (c) Paula Sparacino, Richards Motors. said thank you for allowing me to s peak tonight regarding the emergency Ordinance No. 62 . My husband and I own Richards Motors at 3809 South Broadway. We are a family owned a nd o perated independent dealership. In addition to my duties and responsibilities at Richards, I'm al so a Director of the Independent Auto mobile Dealers Association o f Colorado. Ordinance No. 62 was brought to my attention by the CIADA Executive Direcior. I felt slightl y o ut of touch with what was happening in my own backyard. I was unable to attend the South Broadway Plan meeting, due to scheduling contlicts. I think it was scheduled for Friday, August 15th . Now I know. s he said , that I am going to have to attend more meetings to protect my livelihood. I called the Senior Planner. Mr. Mark Graham, to get more information regarding the proposed plan, and also asked about Ordinance No. 62. I was told that the lack of sales tax that the dealers collect for the City, is one of the main reasons for the ordinance. However, he said that Richards Motors is not a problem and that we are fine . S o. I reported back to Mr. Fey and got on with my business. On Monday, Mr. Cook came in to visit with us regarding thi s same o rdinance. He had a copy of the bill for us to read and asked us to altcnd the meet ing, so here I am. I read the ordinance and the first thing I thought was that this totally di sc riminate s against o ne group of businesses. Then I called the Mayo r and was told that Richards Motors is a premiere lo t and that we don 't need to worry, and s he also indicated that the ordinance was put into place to stop the proliferation of tly -by -night car lots . In addition , she indicated that there have been citizen complaints about having 38 car dealers on Broadway. I felt strongly that the Planning and Development Department was tr y ing to pull a fast one. so here I am to speak with the Council and ask that they table this bill and work with the community, which includes the dealers, to work out an equitable solution, so that all of us who have been in this area for many years, can continue to stay . Richards has been on the same corner for over 22 yea rs and has been in the Englewood area for over 30 years. It appears that there is a clandestine movement afoot to prevent any additional auto related businesses to move o nto South Broadway. It also prevents the existing auto related businesses from moving forward with any plans for the future . My plans w ill c hange s ignificantly if thi s ordinance is passed and additional zoning regulations are put into place that coi nci d es with the South Broadway Plan. If your whole plan is based o n acquisition of additional sales tax to provide for C it y services, then why aren't you restricting the CPAs, medical offices, cleaners. churches. 1ransient housing and alcohol and dru g treatment facilities? With thi s said, I want to go on record as stati ng that this o rdinance is di scriminatory in nature against one particular group of businesses, and it should be consi dered unconstitutio nal. The proposed Deve lo pment Plan is contradictory in nature . Yo u indicate that we didn't provide sa le s taxes to yo ur C it y. and in your Plan you want to prune back the retail zo nes. Excuse me, isn't retail where you ac quire yo ur sales tax ? A lso, you wa nt to establish more multi -famil y units along South Broadway. Who. m t~eir ri ght m ind , would want to live a lo ng this busy s treet , let a lone raise a family th ere , let a lo ne put up with the trans ient prostitutes and drunks that come out at night . It is kind of scary down th ere. You want to eradicate the ugline ss. What I have here are photos that were taken last week al o ng West Colfax. You guys can have these so if yo u do n't mind, I'll approach and give the se to Coun cil. Mayor Brads haw asked what are these photos of? Ms. Sparacino replied they arc pi c tures oi car lo ts that arc no lo nger in business. The City o f Lakewood a lso had a development plan that didn't include the auto industry. and look what happened to their wonderful idea . There are several lot and things tha t ha ve been sittin g vacant for over 22 years. that the y can 't do anythi ng with because of the o rdinances that ha ve been adopted . l s us pect that red uci ng the number of c ar dealers o n Broadway wi ll ma~e your plan wo rk o ut better. ho\\ever. this w,11 bnng }'Ou a whole new set of issues 10 deal with . Man y pe o pk fro m the metro area o mc to the South Broadway comdo r to purchase a vc h,clc . They kn w th at th 1, , Jn area "here there 1s J large sele c t10n of dealers wuh va ned 10\entory. If there are no dealers, or u nly o ne o r t\\O. as )Our plan \\ants you to have . the sclccuon "111 be li mned, thu they will not tra~cl to 1h1, Jrea. They certaml) don't come here lO shop at Wal -Mart. o r Famous Footwear or any of those o ther t ·., .•' • • C G ..._ Englewood City Council September 2, 2003 Page4 ·• 0 (J retail outlet s that the y have in their o wn neighborhood s. If you want to keep Englewood as a destination .:ity , then lea ve the car dealers alone . Enforce yo ur existing ordinance regarding property upkeep . Don 't a ll ow additional lots to po p up o n pro perty that was never a car lot. Put a load limit on streets to keep transport trucks o ut of the neighborhood s. Work with the dealers . Many of us are trying to overcome the stereo-typical used ca r deale r image that still exists . I think thi s is very evident with most of the 111dependent dealers on So uth Broadway. You ought to be proud that you have quality dealers, such as Ri c hard s Motors, Valley Mo tors, Denver Motors, Caddy Shack. Oldies but Goodies.just to name a few, 1hat call Englewood home . In conclusion, I ask that the Council reconsider their vote on this ordinance and I want 10 reassure thi s City that Richards Motors will strive to maintain an attractive business on South Bro adway. Thank you for your time, ~he said. Mayor Bradshaw thanked Ms . Sparacino. (d) Peter Horrigan. Just Right Motors . said thank you for letting me talk. I just wanted to go o n the record that I am opposed to your wanting to change the zoning on South Broadway for the car lots. I think it di scriminates against one business. There are a lot of businesses out there that don 't collect sales taxes ... why are you picking on just one? Secondly, you arc going to destroy our property values, because these buildings. a lot of these car lots , are pretty one dimensional. You arc not going to be able to rent them very easily . One of the reasons you collect the property taxes that you do, is because of the rents we arc allowed to get from these lots . So, in a way, you arc going to be hurting yourselves, you will be collecting less real estate taxes . I know, and I am sure that I can speak for the rest of the dealers, that we support a lot of the loca l busi ne sses. A lot of local businesses get a lot of money from us too . I just feel it is almost like yo u are trying to steal the properties, without compensation. What arc the next businesses you are going to say you don ·1 want here ? Thank you. he said . Mayor Bradshaw thanked Mr. Horrigan . (e) ·Bill Markel. Sharper Auto, said I represent 4000 South Broadway and 4651 South Broadwa y. The property taxes that we pay arc in excess of $12,000.00. The main reason for that is that propert y values arc based on rental income. That is probably one of the major factors they use in .:o mputing property values. If you take an antique store that is located on South Broadway in Englewood, it will prohahly hrin g $500.00 to $1,100.00 a month . The same piece of property where the building is set back , ha s a 50 foot fr o ntage or 75 foot frontage and 125 to the back , will do three times that amount. You say there is no income from sales tax ... I really beg to differ with you . People come to Englewood to buy a used ca r. they bu y tires . they buy batteries. they may have paint jobs, they may go over here to Performance Wheel and Tire to buy wheels ... there is a lot of residual buying, once a person buys an automobile , especially a used automobile. There is also the number of people they employ . There arc a lot people . There are mechanics and there are all types of young people that work in the lots that don 't have driver hce nse s. They wo rk after sc hool as lot boys . I don't know ho w they calculated the sales tax . I really beg to differ with that. I don't know how they can si ngle o ut exactly how ma ny dollars we re brought in to the 1t y o f Englewood o n sales tax just o n car sa le s. Peo ple ~o look at a car, they ha ve lunch , and again, they may go bu) o ther item fo r the cur they are buying. they ma y make severa l trips back and forth, they buy gasol ine. not to menu o n the fact that you arc singli ng o ut one paruc ular segment of business. which I !i.nd .,b,urd . Yo u are taking a person who makes hi s livi ng buying and se llin g cars and sayi ng yo u ca nn ot do that JO ) lo nger. be c ause \lf some ordinance. when the zoning is there and the zoning is intact . It says we ,Jn do 1h1 s. 11 hJs been o n the book forever and now a ll of a sudden . we can ·1. If "'e can't lease our pru peme,. \\'e ,Jn 't command the rent that a car dealer will pay versus a fl ower sho p o r a gas stati o n or an Jn11q ue ,tore Pro pert y values . I am sure. arc not gomg to go down. Taxe s never go down. they al"'a) go up I \\O uld ,ugge ;t the C11 y Council take a strong look at their pending . Maybe there 1s a way tO cut e ,pen e . in stead o f inc reJsing o ur tux or pu nmg a moratonum o n just the car dealers . Maybe you should 11g ure nu t J \\3) to tnm )Our budgets and figure o ut a way to conscne a httle more . like we have all had to Jo. Our bu;in e,, 1> do \\ n tremcndous l y, o mc as much as 50 per cent and we ha, c laid off people. The ,ar hu,me» 1, in 1he real dol drum s at 1h1 s point . We ha"c hJd ft,e o r ,1~ i1rcat )Cars . It ha been \\Onderful. ,,llhtng 1, 1 re,e r M) ,u gg e u o n I that thi s mo r t num be tncl..en from the ,otc. Looi.. at your O\\n budget. he ,u1d. loo l.. J t )c,ur o wn c hed,lx>1i l... ll j!ure o ut aw y to balan e 11 . lc:i,·e the ..:ar dealers .ilonc . ,l ' .. .. .· • • 0 Englewood City Council Septe mb e r 2, 2003 Page 5 • • • D well as every 01her business. and all ow 1hem to opera1e hones1l y and wi1h integri1y . But 10 si ngle oul o ne particular busi ness, to me. is un speakable. That is a ll I ha ve 10 say, he said. Mayo r Bradshaw !hanked Mr. Marke l. (t) Bruce Be nni o n. Blue Moo n Motors , said I'm nor a curr.e nt car dealer o n South Broadway ... ! go t caught by th e morat o11 v n. I was trying 10 develop a piece of property in E nglewood al 2885 Sou 1h Broadway. but. due to so me situations , I wasn't a ble to get it done by 1he mo ra1 ori um deadline . Ho wever, I have a lo t of insight , about being a new dealer. I ha ve had a li cense for quite a few years. bur I've opera1ed out of my warehouses. I ha ve traveled around trying to locate a lot and I am a lo ng time Englewood resident. I like the way Englewood does their business and I wanted to be o n South Broad way . I made a few o bser va tions and o ne was that one gentleman left South Broadway. Andy's Car Lot, and hi s ca r lot went 10 Colfax. With the same crew and the same inventory, his sales went from 6 o r 7 units a mo n1h , the last couple mo nths, to 50 units a month . I know fro m m y o bservation and li stening to pe ople and inte r viewi ng people on Sou1h Broadway, that it is no t inconceivable that yo u could kill the goose th at lai d 1he golden e gg here, because as much as I want to be on South Broadway. I sec that His panics, in partic ular. are not that comfortable about coming to South Broadway, when they can go to Colfax and Sheridan. Those car lo ts are thri vi ng and doing seemingly better than the lots o n Broadway . It seems to me. that th e City would be better se rved to have a committee and then work from within the car lots and develop the trade o f South Broadway and get peo ple to come to South Broadway to buy cars, do residual purchases . rather than clamp down o n it with a stri ct morato rium. If the economy continues to tank. and God forbid we ha ve another terrori st attack or some thing like that. people that have been ha ngi ng on by a 1h read. may j ust decide to fold up their tent, as there would be no opportunity for a property ow ner to rak e thei r piece o f property, where they have been enjoying inflated rents and tum it. They would have to let it si t fallow until th e moratorium expires . That is not going to be a pretty sight. Maybe Englewood could take these applications conditio nall y. instead of an outright moratorium. You couid have a condi1ional review process. and if it is landscaping you want , hold people re sponsible for landscaping and make it a litmus test and yo u have to do ... whatever. I think you have the power to do that. I think you would be be tt e r served to tak e cases o n a case by case basis . than to just cl ose the door and say. I'm sorry but we are go ing 10 re view thi s and hope that it all works o ut in six months. Six mo nths is a long time for a lot to sit vaca nt . T here are a couple lot s on Broadway now, th a t are vac ant and so now they sit for six month s. h doesn't see m 10 suit Englewood's purpose very we ll , he said . Thank yo u. Ma yo r Brad shaw 1hanked Mr. Bennion. (g) Ken Kauffman said. first of all . I come to yo u as a property owner a nd a for mer deal er in 1he Ci ty o f Englewood . I o wn 1he prope rt y at 4400 South Broadway, which I ha ve leased o ut to Mr. S1a llin gs o f Englewood Auto Bro kers . It amazes me . and I get di sgusted. that the City has targeted one type o f business . I don't understa nd how getti ng rid of the used car dea lers in Englewood. will generate more sa le s tax for the City than what is already being generated. We ha ve all had to cut back on o ur ·expe nses and maybe the City needs to take a look at itse lf. at yo ur pending and live within yo ur bud ge t, hke we have to live with in in o ur budge1s . I know that all big and small busi nesses ha ve had to cul back o n ,pending especially since 9/11. Let me tell yo u how thi s moratorium will affect me personally. he said. I purchJsed th is pro perty in 1985 us a place 10 opera1e my business as a used car dealer. which I operated for 12 year;,. but mainly as an investment for retirement. We . as small businessmen, whe1her in the car bu,ine,s or o ther small businesses. have a hard time setti ng money aside fo r retirement a nd us uall y don 't ha,e 1he ex1ra resources 10 invest in -lOl (k)'s o r o ther types o f retirement account s. Think of II thi s way. h,>" "ould )OU re ;,po nd 1f so meone came 10 yo u and tol d yo u 1hat yo ur retirement account had been cut by ·o per ,·ent ! Thai I exactl y what yo u arc 1ry1n g to do. My propert y, and o th er pro perties that o perate on J lea,e .ind purchase basis. arc worth more as a dealership than any o ther type of business that I can 1hink of. ~I) propert) 1, nor big enough 10 lease or ,ell to a big box store or a fa t food chain. so 1herefore. 1f I ,.1nnu1 re-le J,e m) property when this pamcular lease termina1cs. 10 another car dealer. I would be forced 10 lease 10 mJ)be Jn u ifice. donu1 ho p o r and,\lch shop. \\h1ch \\Ould probably not ge nerate as mu ch ,ak, ta, rc,enue .1, ,ha11 s being generated .1lrcad). I don·1 know how many dealer there arc. but I heard ,omenne ,a, 3 The) JII ha, c emplo)ees \\ho eat and hop and pa) ale tax in the Cit) of Englc\\ood . ' .. • • Englewood City Council September 2, 2003 Page 6 At lea st I kn o w that when I was o perating my business. my employees did that. You arc probably talking about '.!00 to 300 people who pay sales tax in the City every day . If you wanted 10 propose a moratorium . which would not allow any more properties to be developed into dealerships. then probably a lot of us would agree with that. But taking away what we alre:1dy have, is not in the best interest of this community. Think abo ut what you are doing, he said. Thank you. Mayor Bradshaw thanked Mr. Kauffman . (h) Jack Reutzel, Reutzel & Associates, 9145 East Kenyon Avenue. said I am here tonight on behalf of Bill Crouch. Mr. Crouch has been a property owner and dealer in Englewood since 1963. He would echo all of the comments that have been articulated here this evening, from a business perspective. He has retained me ... a land use lawyer ... to look at the moratorium from more of a legal aspect. Many of the issues that I was going to talk about have already been discussed. so I will try not to repeat those. This afternoon. because of the limited time l had. I delivered to the City Attorney's office and City Council's offices a letter from my office. I want to make sure Council has that . If you don't, I have extra copies that I will leave with you when I am done . Moratorium is a hostile act, he said, and I think we are all feeling somewhat on the defensive by the procedural way in which this is coming to your attention here this evening. Moratoriums have generally been upheld when they arc done in response to a dire emergency and the action is reasonably calculated to alleviate the crisis. As far as I can tell, the emergency that you arc talking about is that you don 't think you arc getting enough sales tax from auto-related uses. I would submit to you that I don't believe that is an emergency where your power ofa moratorium ought to be applied to . I don't think there is anything that you would be doing in the next six months that the Planning Department couldn't continue to do, working with the property owners and the car dealerships to bring about a amicable resolution to this issue, rather than declaring a six month moratorium. What I understand the moratorium to be ... and I have had a chance to read the ordinance ... is basically. you asked for a time- out so that the Planning Department can come up with a ordinance that limits the lots ... and I've heard different things, I've heard you arc going to limit the lot sizes, limit the setbacks. prohibit it ... there is a whole bunch of information floating around out here and I think it is scaring all of us. We were also told, as the first speaker said. that "oh, Mr. Crouch's properties arc nice, you're not the wget," yet I read the · ordinance and there arc no exceptions for those types of properties and, therefore, I don't take any solace in what we are hearing from the Planning Department. He stated there is no dire emergency to justify the imposni o n o f the moratorium . My understanding is also that the proposed ordinance is based on preliminary findings of the Broadway Plan 2003. When I talked to the Planning Department, I found out that that Plan ha s not yet even gone through public hearing yet. I think there arc some procedural due process issues when you are basing a six month moratorium. that is going to adversely affect the rights of Mr . Crouch, and everyone else in this audience, on a draft plan, that you know may change and change sub stantially during the public hearing process. As we have been told, the basis for the moratorium is the inadequacy o f revenue coming from the use, although the other speakers have demonstrated that there are oth er uses within the B -2 zone district that generate no sales tax revenue. yet they arc not the target of any su~h mo rato rium . Not onl y is it an equal protection issue witltin B -2, but within your 1-1 zone d istnct. .. upo n my review of the Code. auto-related uses arc permitted uses in the 1-1, yet you arc not atte mpting to establi sh a mo ratorium for those uses. which puts the folks in B-2 in an even more des pera te eco nomi c d is ad vantage. against other car dealers within the 1-1 zone district. Your moratorium. I believe. fails to deta il th e step s the C ity will undertake to address this issue. The reference. that you will put revisio ns 111 th e zo ning o rdinance . 1s vague and I don 't think it passes due process muster. It is our wish tha t yo u 1-tll thi s ord inance o n second reading and instead . in the next six months, work with the property O\\ner, a nd busine ss o wners to address your concerns . as well as their concerns. in a productive manner . At the ,c ry least. I think what this has shown is that th1 ~ is an issue that affects everyone's property rights ,ub ,tan u a ll y. At the ver y le as t. I think thi s should be sc heduled for a full public he n ng to allow everyo ne he re a mpl e o p po nunny to present their views and e vidence . so that the full issue is before you when you ma,e yo ur de termmat1 n. As I said . u 1s a hostile act and I think It 1s an unnecessary act. Gi,cn the , s ue thJt )OU "ant to pre,en c a nd to pro te c t. he said . I thmk yo u c an d o that within the confines o f )O ur pohcc po \\er. \\lth o ut m,okm g th e moratori um . Thank yo u. \IJ ),>r Brad;ha\\ tha nked Mr. Re ut zel. .. ' .:.., .. • • 0 Englewood City Council September 2, 2003 Page7 7. Unscheduled Visitors (a) Amy Meyer said this is a slight change of subject from the auto mor~torium . I would like to present a petition that we have put together regarding the Bates Logan off-leash dog park privileges. We are in fa vor of them. We have put together a little letter that I will read and then hand over the petition to yo u. ··we represem a group of Englewood residents who would like to take this opportunity to let you know how much we enjoy and appreciate the off-leash privilege at Bates Logan Park . The attached names were gathered informally over a couple of evenings in the park and represent only a few Englewood residents who regularly use the park. Some of us take our dogs daily, some only occasionally, but we all feel that our lives and the lives of our dogs are enriched by the experience. We have been able to tum neighbors into friends. strengthening our sense of community. In addition, we have met and befriended many Denver residents and we watch shy, abused , rescued dogs blossom into wonderful pets . Our parks arc for everyone's enjoyment and we want everyone who uses the park to have a safe and pleasant time. We try to make sure all dog owners clean up after their dogs and keep them under control. People who do not like dogs. or arc frightened of them, should not have to worry about being knocked down or jumped on. We also try to pay anention to the wear and tear on the soccer field and move the dogs to other pans of the park . Of course. we realize that not everyone follows the rules, and not everyone is considerate of their fellow citizens. We try to educate those people as best we can in an cffon to keep the off-leash experience positive for everyone. We have, on occasion, told an owner that their dog was not off-leash material. When that fails. we can rely on our area's code enforcement officer, Caroline Fascruk, to handle infractions calmly and fairly . We hope the off-leash privilege can continue and we pledge to work with the City to make sure it is a positive experience for everyone." Thank you, she said. We have about 75 petition signatures . We have not aggressively pursued this. It was just kind of something we thought we would do to present a positive front to the privilege. We would like to have an opponunity, should we ever be at risk o f losing the privilege. to present alternatives, or more signatures or however we can do that . Thank you. Mayor Bradshaw thanked Ms. Meyer. (b) Paul Gaggini. 2211 South Lincoln Street, said thank you for allowing me to speak. I am a citizen of Denver and I would just like to thank you for your off-leash dog park at Bates and Logan. I, and man y other Denver residents, who use this park, go out of our way to shop in Englewood and I just want to thank you . It is a great city and a great idea, he said . Ma yo r Brad shaw thanked Mr. Gaggini . (c) Neal Maisch , 2939 South Lincoln Street. said I am here about the derelict vehicle law. wh ic h was pa ssed on July 14. 2003 . Unfonunatel y . I was given a ticket on it . That was the only way I knew abo ut the law . Then I talked to my neighbors . who also received tickets and I found out that nobody knew abo ut thi s law. whi ch was passed. that says there can be no derelict vehicle without a six foot high fe nce wi th a cement Ooor, so it bas icall y has to be in a garage . I have no garage. Everybody around De nver has heard o f thi s law and tripled the price o f their land for storage . Bat.ically, what the board has do ne is JU!>t. bas icall y. c reated a hardship . I asked a lot o f people to call the board and let them know. I don ·1 know if the y have do ne this or not. They are afraid o f retaliation from this board . I am asking for a t"o-mont h res tra inin g o rder against thi s law . so I can gather signatures and bring them before yo u. so you can check II o ut. Because thi s is hurting a lo t o f people . notJUSt me . I am on SSI. My vehicle has been tJrped fur t\\O yc:1rs. I ha ve ne ver had a problem with 11 . The City Code: Enforcement officer who gave me th1, 11,·~ct ,a,d •-he had 10 gl\e me the ti cket . as 111 the new law . She doesn 't know why the law changed. thJt ,he \\J n ·, .i, a1 lable fo r the meetin g. But 1he 1.i" did . in fac t, c hange. >0 she had 10 gi ve me the ncket . So, therctore. I am .i ~mg that yo u h Id o ff o n e ni rci ng the ti c ket s unul we can wo rk something o ut. becau,e righ t no ". I can ·1 a t fo rd these II ket;. And I can ·1 afford 300.00 fo r a gara ge. he ,ud. Thank ~OU t • • C C Englewood City Council September 2, 2003 Page8 (J (d) Jill Wil so n. 3061 Sou1h Grant S1reet. s aid I just want 10 tell you tha1. a year ago June , I bought my fir st home in Engkwood at 2992 and I wanted 10 purchase another property in Englewood. I gave my reahor very strict guidelines ... like from Sherman to Downing and Hampton to Yale . I only wamed 10 live near the dog park . That was a key . It has turned into a wonderful neighborhood with a great se nse of communit y. People really watch out for you and it has been a great experience. So. I was so happy. I just bought my second home in Englewood. 1, like many 01hcrs, hope 1his pri vilege does not go away. she said. I really enjoy it . Thank you . Ma yo r Bradshaw thanked Ms. Wilson (c) Carol Allen. 1959 Sourh Clarkson S1rect, Denver. said I too. have been involved with 1he dog park for over a year now, and every time we go up to the dog park, we stop and make a purchase in Englewood. Maybe it is dinner at El Tepehaun. or shopping at Wal-Man ... or any one of the independent businesses, which we try very hard to support . The park is an amazing, amazmg amenity for a City like Englewood. It is such an amazing amenity that I have asked my rcaltor 10 find me a home near the park, so !hat I can continue to participate in it and feel a part of it, and not be someone who comes from another city to use your parks . Those of us in Denver do want to thank you, she said, and wc arc thanking you by s upporting your businesses. Mayo r Bradshaw thanked Ms. Allen . (f) Randy Plu said 1 am the dealer principal for Plucco Motors, Inc .. located at 3901 South Bro adway. I am here to oppose Council Bill No . 62. I feel what you arc doing is restricting the dealer group that we have in our future, as far as improving or increasing our lot sizes. I have recently moved to !his area from Commerce City. I chose Englewood. onc ... bccausc of the lot size that 1 had, the quality of product that I offer .. .I have a high-end , especially in suv·s. A lot of my customers come ir1 from other areas . but they do shop in the area as far as purchasing gasoline. Since wc moved here, we opened up our detail shop. We have three employees that arc in our rcrail establishment. We have three people at our detail s ho p . Those people all live in lhe ci1y limits of Englewood. So by putting a resuiction on me for furure growrh. I feel it is unconstiturional . I 1hink you have imposed something against me. that I had no o plmn 10 .igree or d is agree wirh . I am jus1 here 10 speak on behalf of 1he dealers that arc here this evening and h pe we can make a difference . Mayor Bradshaw 1hanked Mr. Plu . (g) Harry Lesrcr. Harry 's Specially Cars. 3247 South Broadway. said I have a question ofrhe Co unci l. I ha ve been in Englewood for 25 years. operating under the same name . I have done everything 1ha1 Englewood has ever asked me 10 do. I have done things above and beyond what they have asked me 10 do. 1hat I didn'1 hav e to do. Like when I moved in10 my property, they didn't like the barbed wire that was there . I didn"t say. it was !here. ir's grandfathered m. I took ii down. I didn"1 have to. 1 sold 10 feet ofmy property so 1ha1 1hc Gothic Theaire could open. They could nor have opened, had I nor sold _!hem tha1 pro perty II would not have been perm11ted . I deal wilh their !rash every morning in 1he alley. Nobody 1s 1here to help me do 11. When Englewood asked abo u1 the fence , 1 put the four foot fence up like they requested . The guy ne" door. he purs up a six foot fence . I guess my quesrion 1s. for 2S years of dotnl! "ha1 1he ·uy ha asked me 10 do. 1s 1his my repa ment? Is 1h1s '"'hat I get? It doesn't even seem fair . For 25 )ear I ha,e done <!,errthtng you all have as ked me 10 do and I 1hink any other car dealer 1n here has done the ame 1hmg . If ~ou have a ked 1hem to do 11 . they ha,·e done 11 . And 1h1s I o ur rcpa)men1? You \\uni 10 JUSI run us uu t'! Ir's JUSl nor righ1. he said. T hal I a ll I have IO say. !\la)or Bradsha" !hanked Mr. Lester. (hi Gar) Le, ) ,a,d I ha,e l\\O propcrt1e in En&lc\\ood, 1300 West Quin..) 11nd ~9 ,u1h BroJJ\\J) . .\ ,amp.in) I ,>" n .ind m.inJie currenrl) h.1 nine emplO)CC> .nd II hit> o1 lam1h.u n;ame 10 ~ou II 1, Engle\\o.xl !\!1>101,. In.: II ha, been tn 1hc Ctt) 10;.c 1960 It a wtcd b, m~ l.ather .Ind gr.ind l.ither I ¥UC>> mu t e,er~thmg 1,.ime 111 ) ha .dread) been I u,;hcd up...,n rt l c iarr, lur . the .. ' ..... .. '. • • Englewood City Council September 2, 2003 Page9 fac t 1ha1 we bring custo mt!r s to the City. the fact th a t we feel it is si mpl y no t right to s in g le o ut o ne group of busi nesses ... all of th ose items are very important. I would simply say, and I'm no t going to belabor the poi nt. because you ha ve heard it enough. but I would simply urge yo u and tell you that I would be very happ y IO work with the City. I feel a little, I don't know if s lighted is the right wo rd ... I know that noti ce is se nt o ut aboul City meetings. I asked Mark Graham. when I s poke with him a week or so ago. if a notice was sent o ut o n thi s? And. o f course. there were no tices sent out about those meetings. I guess. if all o f us here who are car dealers o r own properties, had known the scope of those meetings over the last few meetings. we would have been there. I would volunteer my time and gladly work with the City. I think yo u need to serious ly think about what this does to the business climate in Englewood. If you are willing to run one type o f business o ut. I really feel there is going to be a voice come back at you and say, what business is next ? And I don't think you wam that atmosphere in the City of Englewood, so I would urge yo u to reconsider this issue and table it, so we can all discuss it and don't put a moratorium on us . My father had a saying, ·'bus iness brings business. action begets action." I think we can bring a lot of positives to the City. I wish you would consider that, he said. Thank you . Mayor Bradshaw thanked Mr. Leisy . (i) Jon C . Cook said l li.vc at 2466 South Cook Street in Denver. By the way. my wife loves the d og park al so. She goes over there a couple times a week . This bill regarding the car lots on South Broadway, is just really. really scary. I own quite a few properties on South Broadway, automotive related and other sto refro nt properties. The most problems I've ever had over the years. I have them now, I have had them last year. in the last co uple of years, is that all of us arc fighting to survive thc bus iness climate that we are in . But all of my s torefront properties ... when they go vacant, they arc vacant sometimes for a yea r, sometime s lo nger. I have worked with Englewood for several years with the beautification of the buildings and awnings and paint. s ignagc and all kinds of things with my tenants. I coughed up the money IO help them out. It has been an interesting project that you guys have been going along with, but also, it is no t conducive to business ... some of the things you are doing to my tenants, specifically in the '.!800 block. We had a guy where we put up beautiful awnings, a new sto,efront, windows and paint. Then they got into an argument with you guys over a sign and now the awnings have all been ripped down and they pai!!ted up the building in candy striped colors. So. I have had a lot of other different small issues, but mainly it has been with these storefront properties. I don ·1 want any of them. rm getting Mom and Pop businesses in there . They arc in there for s ix months o r a year. maybe they collect sales tax for you guys, maybe the y pay 11 . ma ybe they do n't. They don't pay me all the time. The best properties that I've had arc the automotive rcla1ed properties . I've s pent all of my life on South Broadway ... since I was 12 years old. I love my pro perties and yo u can go by every single one of them and they arc all very nice . I get on my tenants to lake care of 1he weed problems . o r any graffiti , right away. Sometimes, I actually have cans rolling aro und in tht! back of my car , as I sometimes take the graffiti o ff myself. Just thi s weekend . I drove up and down Bro adway a nd looked at some of 1hc properties. and I think I have been aro und as long as any one of yo u g uys up here and I know a lmost every si ngle address o n the street . You g uys or Engle wood has caused 1h1 s 10 ha ppen. There are 32 of the car lots that arc c urrentl y in business right now, that were other things. Pr io r 10 being a c ar lot. there were 13 nouses. Now. I don't know about the sales tax revenue that was ge ne rated by th ose houses, but . 1onigh1 you have heard comments about other employees com ing to the car lu 1s and genera11ng sales tax. One of the m was a doctor's office. I don 't know how much sa les tax doctors .:harge . h 1s place after place. We had a 7 -Elevcn store where Kenny was and that moved up the street and the y bu1l1 a new o ne . Whal do yo u think. Kenny is goin g to sell 11 back to 7-Elcvcn and ge t another 7- Ele\e n in 1herc '! We can o nl y have so many Arby's . Wendy 's o r Taco Be ll ' ... we have all that . Believe me . 1 f I ha , e been 8" en t he chance to co nvert some o f my a ut omotl\'e real estate to other uses. I have done 1h at. whe n 1t has . o f course. been beneficial to me. But also. that ha happened mat least 16 in stances. '.'l o " f,l r mJn) }Car s. Earl Scheib "'as a b it o f an eyesore and that 1s one o f my properties, Pnor to that 11 J J G , IC 1r uc k tra nc h,se and I ended up leasing II IO the Catho lic Church for St. Vincent de Paul. Thal building llXl k rea l ni c e a nd the} arc d o ing a good Jo b . rm not s peakma for c,crybody here. because I don·1 1hink 11 ,s necc sanly ngh1 for everyo ne . but ,f. :111hc very . er). ,er) lea t.) u gu)S considered ,hJng ,ng _.,mc1hing o n th,,. ma)be grandfather cl aUM:. "'hich "'o uld all "'an auto mouvc spot to , •n11n ue m be u ed J 1ha 1. , O \\. lhe ''-1} th t )OU ha,e 11 "'nncn.1fsomconc c ame m tomorro w and m} 1ena n1 ,a o ut 1oda~. 11 \\Ould be o ka. ,f 11 happened at euc1l} th.: sa me umc But he y. "'ho are you JU } ' • • Englewood City Council Septe mber 2, 2003 Page 10 foolin g. if yo u think yo u are go ing to have a tenant right away. We need to hang signs up. interview and talk to se ve ra l different people in o rder to get a new tenant in these propenies. The way you have this written. it just wo n 't work that way. Of th e 32 car lots that you crcated ... you created it by changing tho se ... there are 16 other lots, that through attrition alone, would change. Look up on Belleview and Broadway, he said , there was a car lot there and now it is Flowcrama. Things like that will happen and o ver a period of time, it would take care of itself, if you just don't allow new teardowns and new car lots to be e stablished . I would like 10 tear some more down and make some more car lots . But , I am willing 10 co me to you. and maybe help set up a comminee and talk with the other owners to work some of this out. In c o nclusio n. I just want to know where to find the preliminary research and market analysis report that wa s done for this bill. It says here that you Jid that and I would like 10 gel that repon. Mayor Bradshaw said that would be through Community Development on the third floor. Mr . Cook asked if Council had studied that. So, he said, all I have 10 do is go 10 the third floor and pick ii up. Mayor Bradshaw pointed out where the Director of Community Development was sitting in the room. Mr. C ook said okay. I will co me over and get that. I'll tell you, this is really a rough deal as several people have said. I received those cards 100, but I receive them from Lakewood. Denver and Englewood and you can· 1 be everywhere all the time. Mayor Bradshaw thanked Mr. Cook. (j) Mehdi Hallaj said I am the owner of Affordable Auto Center, 4773 South Broadway. ha ve been there since 1994. I was just wondering ... [ would like 10 ask you a question from the State Dcpanment of Revenue, Colorado State Depanmcnt of Taxes. Is there any procection for me? I spend over $75,000.00 a year producing sales taxes for the State of Colorado. I don't produce that much City tax fo r Englewood. maybe $2,500.00 a year. but I pay al least $5.500.00 a year for property tax . Thal is not including the three employees I have. I made my place really nice . I think the City of Englewood condemned the building before I took it over. There were about 11 gang membcn living next to me. I had a s mall dealership al that time. I bought that property and turned it into a really nice place. If you have a c hance. please just look around and see what you think. I work really hard. I spent over SI 00,000.00 just fo r the taxe s . a ltogether. I th ink if I want to be retired, I should deserve 10 be retired. You can go look al my records .. .! c annot lie 10 you. I produce a lot of swc tax and I finance cars in-house . I bring a lot of c u,,t o mers to my area ... Latinos. and they don't know anything about the area . I opened the market . I've never had one complaint against me in the last ten years. You can go to the dealer board and find out if a nybody ha s tiled a c o mplaint against me. That's proleclion. I have 100 per cent repeat customers ... close to th a t . Maybe I am exaggerating ... okay 98 per cent. I would really appreciate you giving me this chance 10 ta lk and thi s o pponunity. I've worked really hard for this and I don't want to lose it. Maybe you could tind a no the r o lut ion . Maybe you s hould nllow other dealers to come in. Maybe you shouldn't let anybody o pen a ny new dealerships . Maybe you s ho uld j ust leave those people alone, who have been in this place a long t ime. he said . and help the m o ut. Thank you very muc h . Mayor Brads haw thanked Mr. Ha ll aJ . ( k ) Dan McCrea. McCrea Motors . .io.io South Broadway. said I j ust want to state that I am oppo ed to thi s mo ratorium and wish that yo u would consider other options. Thank you . M ayor Brad shaw tha n ked Mr. McCrea. Ill T o m C rump. 44 0 Sout h Broai1'.ay. said all I c 1111 say I I lo ve Englewood. This as where Jll m) propeno es are. I ha,e two bus,ne pro perties and a lot o f rcnial pr;>peny. and I help the C ity ow on the lo" h u,1 ng I pay a lot of tax do llars every )e&r, 1 Just don 't think 111s fair . a fter you have built a bu1ldmg :-)CJr ag l \\O building,. and all the Wt monc) that I paid on those two buildin1s al .w66. ~4 0 uth Bro.id""). and ten rcnt.tl place . all the Ill~ mone)' and low renu that I r harge my people .. .! 1u,t d0n·1 than ~ 111 fa,r 1,1r )OU 10 ,·o rne in and tell~. "e',c chanaed our minds. we are goi n1 to make the C,t) o r Engle"< d d1lferent Jnd th.11 lca,e thing . 1ha1 -..e ha,e -..orked o n for our reuremen1 . Just kld,ed • • -... 0 Englewood City Council Scptcmbel' 2, 2003 Pnge 11 right o ut the window. So. thank you. Everybody has touched on it . he said. but it is going to hurt me . Thank you . Mayor Bradshaw thanked Mr. Crump. (m) Gary Tisch said I am here to oppose the moratorium for the car dealers . I have a number of properties on South Broadway. I prefer to stay in retail. They are commercial buildings. The Goodwill building is one that I just bought a couple years ago. I put a couple of retail stores in there. It took a long time to get those businesses in there. It probably took me almost a year to get a laundromat in there. I also have two car lots on South Broadway. These two car lots were condemned buildings before I took them over. I tore them down and I spent a lot of money putting these properties in here. Now the City just wants to take that away. Before I came down here, I spoke to my attorney and he said if the City passes this moratorium and I lose my right to put car lots in here, that would be unconstitutionally retaking of my property without due process. In which case, he and I both think that the City is liable to me. I don't want to just lose my properties. he said, so I am going to ask you to rethink this. Thank you. Mayor Bradshaw thanked Mr. Tisch . (n) Patrick Shea, Two Sheas Motor Company. 3232 South Broadway. said I am here to oppose the moratorium also . After leaving a pretty decent job. I took on this Two Sheas Motor Company a few years ago with the intent of possibly purchasing the property that I'm in . I own a few homes in Englewood that are rental properties. I plan on doing business and hopefully have a successful retirement in the community. As I watch all this, as everybody else has said. I am thinking of my retirement going right out the window. As everybody else has said. we take care of our properties . We do exactly what we are told to du. We follow all the rules and guidelines, keep the places up. he said. and here is what we have to look forward to in our retirement. Thank you. Mayo r Brad haw thanked Mr. Shea. (ol Larry Corwin said I own Credit Motors on South Broadway. I am going to be very ho ne s t with you. Most of these people have been quiet about this. This whole thing is moronic . It is stupid and it doesn't make sense and it is illegal. Okay'! Each of you better be prepared to be sued individually and the City better be prepared to be sued also. Because what you arc doing is wrong. and it is 1llcpl. On the 2700 block of South Broadway. as you come into Englewood, you have these little giecn things hanging up in the air. I don ·1 know if anybody has ever seen them. How much money have you spent on that . wasting money'/ I have people coming onto my lot and saying. what the hell is this? What is that stu ff? I don't hear an answer. What is that ? You spent good money on that . Somebody gave you a check for s:i5.000.00 ... are you going to put it on the next block. those nonsensical green things ? Ma)Or Brud haw sa id, hen you address us respectfully, "e might answer. 1r . orwin aid I am being as respectful as you are to the car dealers. You are not being respectful to us . You arc telling everybody. literally. that we arc going 10 cut you out, we're going to ,top you from being in bu;iness. That 1s wrong . Why pick on one group'! Tell m) why you arc p1ck1ng o n one group. Who5e idea was this? I would like to know which one of you? I p) Peter Schram said I li•c 1n Parker. olorado. 191'.!-' Cotton11,ood Dmc and I work at q,oo \\'e~t Quin ) , Engle"ood Mot r . I represent the future of the :ar busincs . I travel a I ng "ay IIJld c,er) dJ) I Jm one o f 1hu,e emplo)ees "ho I out pending mone) 1n En¥1ewood . I am also a member or the Engll!"°',d hamber o f ommerce. I look for cu tomcrs in,1de f Englc"ood :ind out ulc of Engll!"ood. Jnd bring them ,n here nd I can tell )OU that I lno" e,cr)"bod} in here E,cry ar ¥U). We Jre J big !Jm1l) .ind \\Call \\Ori.. together .ind \\C .111 \\orl to bnng people into Englewood. :ind "hen the) Jre in here. ,e en.:o urJgc 1hc:m to go out, ha,e lunch. run crranJ, . .ind bnnJ their mone) into UW' ,ommumt) I Jm ,er) e cued 10 be part of J busmc that h;is been J part o r Ensle"ood for .W )Ur ~h la ther 1uld me , mc1h1ng \\Ords -1f "1sdom . " um,und )Ourself uh xi people •· ~ I the bc,1 ,.u ' • • Englewood City Council Se ptember 2, 2003 Page 12 0 dea lers in all of Colorado are o n So uth Broadway o r in the vici nit y. I 1..-now this because I am a part of a family o f ca r dealers and 1 c hose to bring mys el f here. and to cut my teeth here in Englewood. 1 have a great res pect for everybody in this roo m. who represents the car business. We will continue to thrive, he said . and I would like to do th at in Englewood. Thank yo u. Mayo r Bradshaw thanked Mr. Schram. 8. Communications, Proclamations and Appointments Ma yo r Bradshaw stated that three proc lamatio ns were listed on the Agenda, but were not included in Council's packet . so Council c annot act on them . This is unfortunate, she said , bec ause one is September Drug and Alcohol Re covery Month . one is September Pain Awareness Mo nth and I would like us to act o n a proclamati o n ho noring Susan Thornton before she is out of office in November. (a) A proclamation declaring September as Drug and Alcohol Recovery Month . (b) A proclamation declaring September as Pain Awareness Month. (c) A proclamation ho noring Linleto n Mayor Susan Thornton. 9. Public Hearing No public heari ng was sc heduled before Council. 10 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted fo r approval on first reading . (b) Approval of Ordinances o n Second Re.iding CO NCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (II), (ill) and (Iv) ON SECOND READING. (1) ORDINANCE NO . 60, SERIES OF 2003 (COUNCIL Bll.L NO . 59, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDIN ANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCT ION OF "BIG DRY C REEK TRAIL lMPROVEMENTS" IN THE C ITY OF ENGLEWOOD. COLORADO AND THE CITY OF LITILETON , COLORADO. (ii ) ORDINANCE NO . 61. SERCES OF'.?003 (COUNCll. Bll.L NO . 60. INTROD CED BY COUNCIL MEMBER GARRETI) N O RDINA CE APPROVI GAN AG RE EMENT WITH THE COLORADO DEPARTMENT OF TR .-\. PORT TION FO R DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT THE BROADW r\ Y /KENYO I TERSECTION. IN THE CITY OF ENGLEWOOD. COLORADO. (111 ) ORD !N NCE NO . 62. SERrES OF :?003 (COU CU. Bll.L NO. 61. INTR O D 'CED BY O CIL MEMBER G ARRETI) N O R DJ:-,.: ·\S E .\PPRO\"lNG AND AUTHO RIZ ING THE EXECL'TIO OF AN 1 'TERGO \'E R:-.:M E :-.'T.\L .\GREE~IE!'IT FOR THE FEDERAL HOME lNVESTl\rE T t ... .•' • • Englewood City Council September 2, 2003 Page 13 (J PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO. 63. SERIES OF 2003 (COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE AUTHORIZfNG THE PURCHASE OF 4673 SOUTH GRANT STREET BY THE CITY OF ENGLEWOOD, COLORADO. Mayor Bradshaw asked if anybody wished to pull any of these items. They did not. Vote results: Ayes : Nays : Motion carried. Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick, Grazulis. Bradshaw Nooe (c) Resolutions and Motions There were no resolutions or motions submitted for approval. 11 . Regular Agenda (a) ApprovJI of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 62. an emergency bill for an ordinance. enacting a temporary mora torium on auto-related uses in the 8-2 Business Zone District. was considCRd. Mayor Bradshaw thanked cvcryooe for coming and speaking to Council this evening. We appreciate it she said . Ma yor Bradshaw said I believe that we have had a number of market studies done and that we have an over abundance of o ne use on Broadway. Thi• was brought 10 my attention by several citizen groups. saying 1ha1 they are concerned about the proliferation of car lots on Broadway. The moratorium is for s ix months and that will C>tablis h a timclinc where we can a ll sit down and talk about what we can do about the proliferau o n o f car lots . o that is why I brought this up and I wasn't the only one o n Council. We alw ha,e a Maff presentatmn this evening from Mr. Mark Graham, he said . · Senio r PIJnner Graham said this issue, Agenda Item I l(b)(i) i on second and final reading this evening Jnd I \\Ould lake to reiterate some of the thmg• that were presented on first reading. 1f I may. For the record . ye •. there \\Crc a couple of imponant repon that we will be discus mg with the Plannang Commi, 10 n over the next month. Ooe. 1dcnt1fymg that we have perhap as much as ten limes the amount of land de, o ted to auto uses as I oecessary to sen c a local demand. That docs represent an opponunaty for ,J le• ta , colle c11o n. mulu -famaly housing and many other thing . Whale 1t 1s true that mulu-fanuly housing. to r in,ta m:e . does no t generate .ale, tax . 11 doc generate customers. What we arc trymg to do wnh the BroJ th,a} Pl an. as to rebalance 1he max o f use on Broad\\ay. The tool for rebalancmg those nu,es I the zonin g ord anJn,·e . The zoning o rdinance currently pcrrnu auto use by n11h1. as man have cxplwncd. and rt ma} be po,,,ble 10 <lo 11 "1th J ,ond111 o nal use o r II may b.: po able 10 apply other .:rneru1. Bur. n 1 ne.:r».tr). ba,ed <>n ,ome Jnc d re, that I Jm go an11 ll, rcla1c h> )OU. to c tabla h J mo~tonum JI 1h1, tune Ther~ \\J .1 lrenz~ u t .1,11\ II) m er the last fe" \\eels . .tnd RIJO) phone ,·all to me \\Cre about .. "I'm Jbout h> bu} land IPr a <l ea le rsh1p . th1 s <lc.1lcrs l11p I J b..>ut to ·han c O\\ner hap . I" uld ltl.:e to c,pand the t • • Englewood City Council September 2, 2003 Page 14 dealership ." There were. in fact, two dealerships established in the past two weeks and two more that were 10 be established that couldn't make the deadlines . This does create the urgency that warrants the e mergenc y o rdinance in thi s case. The public interest in this issue is that the City has the need to protect its tax base in order to fund the central services ... police and fire protection, building codes, plowing road s and that son o f thing, in order 10 provi de for access to businesses, at all . Car businesses arc definitely a component of that mix . It is our contention that, it is the over abundance that is the problem, not the use per se. So what we arc suggesting tonight is a moratorium that does not put the existing car businesses out o f business. It in fact. freezes the situation as they are today, unless the lots go vacant . In which case. six months is a rapid time for us to work through the process, figure out where our regulations need to be and get those on the books, and at the end of the moratorium , we will have a new playing field . We believe that that will be something that could be equitable, fair to the car dealers and fair to the other businesses. as well as fair 10 the City. Also, there arc no expectations, none whatsoever that 100 per cent of Broadway would be retail. It's not wise. it's not sustainable, yet we have some patterns, that are closely related to the proliferation of auto dealers, that interfere with a successful retail environment. The South Broadway Plan has some recommendations for establishing nodes and other things that are hoped to remedy that situation. With this six months. he said, we believe we can make good recommendations to you as 10 how to achieve the new retail nodes and how to achieve an appropriate level of auto and residential and other uses on the corridor. Mayor Bradshaw asked if there were any questions for Mr . Graham. Mayor Bradshaw said I would like 10 ask the City Anorney 10 explain what the moratorium will actually do. Can you just explain it ? City Attorney Brotzman said it is just a stand still . Ma yor Bradshaw said every thing as is, stays as is. Okay . City Attorney Brotzman said that is correct. there is no expansion and there are no new lots. Basically this i, a stand still . That means there are no new lots, but all the cunent lots are staying just as they are. You can't expand . The lots that aren·1 cunently an autc use. cannot become one . From the Judience. someone asked if they could comment. Mayor Bradshaw said no. I'm sorry. we had our discussion . Fro m the audience . so meone co ntinued to comment. Ma yo r Bradshaw said rm sorry sir, but you arc o ut of o rder. Mayo r Bradshaw asked ?fCounc,I had any other questions for Mr. Graham . o uncil Member Moore sa id I would hkc to danfy Ci ty Attorney Brotzman's statement . If a propcny. that 1 currently an-auto-re lated use. were to change hands during this timeframe, is that permi ssi ble or not? '.\I r. Brotzman sa id ye s. in fact we have had a co uple calls o n that . Cunently, if you have a business that is auto-rclJ tcd nght now and }OU "ant 10 sell yo ur business that 1s auto. that 1s not a problem . That is not proh1b11ed by 1h1s o rdinance. S . if you have a car lot and you want 10 sell your ar lot to so mebod y else . that 1> tine . ,\nnther quesuon . \\hat 1f )OU ha,c a car lot and "ant to rent II to someone clsc'l Mr . Brotzma n ~,d that 1s tine Am'lher qu~>IIOn. w )OU could cll 1110 JIIQthcr ·ar dealer! M.r . Brotzman aid that I correct . t • • - Englewood City Council September 2, 2003 Page 15 0 Mayor Bradshaw said there is a lot of misinformation that you gentlemen do have and I am sorry for that. Another person asked if they could ask some questions down the road. Mayor Bradshaw said absolutely. All we .are doing, she explained, is we are buying some time to look at what is happening on South Broadway. That's all we are doing at this point. Council Member Nabholz said when the City of Englewood sends out mailings to businesses. it is a costly mailing. The mailing usually consists of a card that indicates it is from the City. There were several meetings. so I would encourage you. when you get these cards, don ·1 just throw them in the trash. We are trying to say we want to talk to you. we want to work with you. So. she said, please let us work together. which. it appears. is what we arc going to do. Thank you. Council Member Grazulis said when we had a Study Session a couple of weeks ago regarding this. I do remember speaking in favor of a lot of these people and I never did get one thank you for it. but I went against Council very vehemently and they know that I am all for entrepreneurship and I'm no( in favor of just singling out one type of business. let alone other things that could fall into this category. I am alarmed at the number of car dealers we have in Englewood. I will not deny that. I have Jived here lOO. for about 25 years and I live on Lincoln which is just one half a block from the car dealers. And. at one time, they took over my property, with parking all around my house. That has since changed, and I have had some of the best neighbors, which are car dealers or car associated people. I'm just Jetting you know though. upfront , that this is a very hard decision to make on this moratorium. A pan of this moratorium came about, because we were not all in favor of this . l just want to be on record for that. she said. Mayor Bradshaw asked if there were any other comments. Council Member Garrett said l want to thank everyone for coming out. It is nice that we finally do something that energizes folks. Sometimes we come here and do a lot of things that don't. We have been talking about this a long time, without a lot of input. This has been on our agenda. it has been in our minutes and we just have not seen people show up. One of the things l would encourage ... and I don't know how the votes will go this evening ... but if there is not, or iftherc is a moratorium. I think we would all admit. there arc some car lots that arcn ·1 necessarily appropriate, that are not well kepi . One of the things that was suggested at the last meeting ... and it was the rnnscnsus of Council. .. was to think about the moratorium so we can sit down and talk. because I think we have a lot of car dealers that have done a lot of good . I mean . the gentleman from Harry's Specialty Cars mentioned some of the things he has done. Some people have gone with our fa~ade program. other people have put up the fencing that fits in with the theme. So I feel we are not trying to discriminate, but we would like to come up with solutions that make it comfo rtable for you to do business here and solutions that allow the City to progress. There arc a couple of mis-statements that were made that I would like to correct. When you talk about sales tax dollars ... only when a resident buys a car do we sec those sa les 1ax dollars. A lot of those do llars do go out, so I know yo u collect a lot of sale s tax, but some of that doesn ·1 stay in the community. And most of the propeny taxes go to the school system. The City does not receive a whole lot of the money that comes from the propeny tax . So. when yo u think about yo ur tax buc ket . it is a lot . but very few dollars come to the Ci ty. I know some peo ple have questioned whether the City has looked at expenses. We arc looking at a budget. barring whether we have cenain tax increases approved. which will be o n the ballot 1h1s fall. where 15% of cur work force will be goi ng away. which means some of the services that yo u. as business people, enJoy. will not be done as well as in the past. s uch as street sweeping. which I think. ,s one of the things we do well rn En11.le\\ood . But we won 't ha ve as much of that . Some of the response limes will be affected, because iety Service ... being the large~ pan of o ur budgct. .. ,s taking the biggest hat . They will not be quote as re,po nSl\e, as "e would hkc them to be 1f we had more cash. These arc types of servo cs that enhance the co mmunity. he ,aid. a, \\ell us enhance the business community. so we have looked hard at our budget a,, "ell. Thank yo u. Cou ncil ~!ember Grazuhs a,d I \\ant to make o ne more comment. We 1:no" something ha.. t be done 10 tr~ to retain 1he quaht~ car dealer a nd an) 1hmg c~r related w1th1n Englc\\ood. We arc U') mg to at least put ' . .. .. • • -... • Englewood City Council Sept ember 2, 2003 Page 16 a morat o rium o n some o f th os e lots that wo uld come in as fl y-by-nights . I do n 't kn o w what the answer is, she sa id , tha t is wh y we reall y need to hear fr o m you in ano ther sessi o n. Mayo r Bradsha w said th e re will be a Public Hearing for the South Broadway Plan in front of Planning and Zo nin g. and there will be a hearing in fr o nt o f Counc il. We are at least a year away before anything happens. Th is is just a preliminary start , she said . Council Member Grazuli s said that is right. I just wanted to state that I just don 't know exac tly what the end an swer will be o r what the end results will be , but this is just one step in trying to preserve what we do have . MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -COUNCIL BILL NO. 62. COUNC rL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER WOLOSYN/BRADSHAW A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF SOC MONTHS. Ma yo r Bradsha w a sked if there was any more discussion . Counc il Member Moore said I wo uld like to go back to the questio n that I was trying to explore with City Atto rney Brotzman a little more slowly. If there is a property that currently has a lot on it and the tenant moves o ut and it s its do rmant for a month . can that lando wner re-establish the lot during the moratorium? C it y Attorney Brotzman said no . That is the exception ... no . If it is a current lot, and you go from lot to lot . and yo u sell yo ur business. that is allowed. If it is a rental. if it is a lease, but it is continuing one group fro m another . But you can't let it go into a non -auto related use . Meaning it can't be empty either. Counci l Me mber Grazulis said how lo ng can it be empty? Ci ty Atto rne y Brotzman said yo u need to sell your business. meaning it c an 't be empty. It cannot be em pt y. Mayor Bradshaw sai d wai t a minute . I'm confused about that. Say that a different way . Council Me mber Wo losyn sa id when we put thi s o n the table. it was to mitigate impac t on exi sting busine sses. I woul d like to suggest th at we ei ther o mit the go dark o r lengthen it for the existing auto dealer . Because. really. she said. 11 is consistent wi th o ur inte nt to not have expa nsion. Council Member Nabholz said I agree. Council Member Moore satd I agree wi th Ms . Wo losyn's st:uernc nt . The primary concern is that while we ,tud) th, ,s ue . the number of lots don't grow. I certainl y would be o pen to mak ing an adjustment. that \\o uld bas,call) say. ,fa lot was there today, that use ca n conunue and that would be re tncted m the moratori um . That \\Ould JUSt keep the num ber ,n tota l fro m inc reasing. he said . It} .\ttorne} Br tzrnan a,d let me cxp:and that JUSt a li ttl e bu because. there is an example that has been prc,enteJ. "h,ch is the Daewoo lot . Mayor Bradshaw said tha t ,s ,n the 4800 block of Soulh Broadway . :'>Ir Brntzm~n .ud n. ·urrcntl}., not :m auto u,c, 1t ,s empty. . ,fy u want to llow that one to remain thJt \\J\ ~,,u ""uld ,,mpl) add .1 OC:\\ ,ccuon that \\OUld allow any property 1n this nc. that \\.U an auto ..c. tu rcm.11n JR .:iuto ~ f· ' • • • Englewood City Council September 2, 2003 Page 17 Council Member Garrett sai d I think it's whether. .. if it is a current auto use, it can continue to be an auto use. Mayor Brad shaw sai d right . but Daewoo is empty . Council Member Garrett said it is dark now and my question is, if it is dark now can it resurrect itself as an auto use? Council Member Moore said so I guess that could be two possible answers . Mayor Bradshaw said yes. City Attorney Brotzman said you could either do any current auto use, or you may do any property that has been an auto use . Mayor Bradshaw said what is Council's pleasure on that ? Council Member Wolosyn said this is a dicey situation, because I don 't want to have us have every little lot that is empty now. and maybe 10 years ago they were selling cars, to come forward and try to resurrect. I think that maybe we should go with existing uses, she said . Mayor Bradshaw said so that would be what it is now , for six months'? Council Member Wolosyn said yes, but if they go dark, after we pass this. then they could sell it to so meone and they thnt might have a gap ... but as long as it is active today. I think we have to do that, she said . Council Member Moore said I would agree with that amendment. Mayor Bradshaw asked if Council had any other questions or comments. Discussion ensued regarding the wording of the amendment. Mayo r Bradshaw asked if there was any other discussion . There was none . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 62 BY ADDING A NEW SECTION THAT SAYS "ANY PROPERTY WITH A CURRENT AUTO RELATED USE MAY RETAIN THAT USE IN THE B-2 BUSINESS ZONE DISTRICT DURING THE MORATORIUM." Council Member Garreu sa id this will eliminate any dark gap in that period of time . Vote results: Ayes : Nays : Mo11 o n carried. Council Members Nabholz , Moore, Garrett, Wolosyn , Yurchick. Grazulis. Br.idshaw None Vo te results on the motion to approve Alfflda Item 11 (b) (I) -Coundl Blll No. 62, as amrndtd: Mo ti o n earned . Ayes : Co uncil Members Nabholz. Moore. Garrett. Wo losyn, Yurchick. Grazuli s. Bradshaw Na ys : No ne (cl Rc so lu11 ons and Moll n There \\ere no re,oluuo n, r mouon ,ubmmed fo r apprO\al. 11 . General Discussion • • Englewood Cily Council September 2, 2003 Page 18 (a) Mayo r's C ho ice Mayo r Bradshaw did nm have any matters to brin g before Council. (b) Council Members' Choice (i) Council Member Garrett : 1. He sai d 1 encourage everyone to work with us. to try to come up with ways to make thi s work for all of us. I am glad you are here and some people will have a lot brighter ideas than we do, so please bring them forward. 2. He said we heard a pro posal that Arapahoe County has a proposed tax for Open Space o n the ballot thi s fall. I wondered if Council would like 10 pass a resolution in suppon of that. So I raise that as a discussio n point. .. whether we want to pass such a resolution . Mayor Brad shaw sai d I think we need to . Others agreed. Council Member Garrett said it is twenty-live cents per hundred dollars. Mayor Bradshaw said a quarter percent sales tax would allow $600,000.00 to come back to the City and we wo uld have the possibility of another $300,000.00, so it is almost one million dollars. So, I think it would be hoove us 10 endorse that. I didn't endorse it the first time around. she said . We didn 't want to because there was no allocation coming back to us . They just said "we want to collect more taxes from you" and we said no . But now we have some money coming back . Council directed staff to draw up a resolution in support of the proposed tax . 3. He sa,d the la st item I have is the one the gentleman raised about derelict vehicles . I may tu,,c been und er the m,sconccpti o n, but when we looked at the derelict vehicle issue, we had talked about 11 being co mplaint -o nl y driven. We received a memorandum from Safety Services that suggested some of the iss ue s surro unding that philosophy. But. that was son of my understanding. and I didn 't know whether there wa s a grace period, like we had wi1h the off-leash situation. where people were given a notice or warning about what was co min g down . I wondered if other Council members were under the same 1mpre ss 1o n. Coun c il Member Wol osy n said I actually ha ve a concern that goes a little funhcr than that. I have been thi nkin g about it. be cause during o ur ini tial discu sion . I remember being concerhcd about a lot of weird co nwuc1ion/bu1ldings goi ng up in peoples backyards and I was told no. that would not happen because we have the UDC . And that i, not in place yet. I really did thank this was go in g to be complaint o nl y. so that pe o ple could ea;e into becoming aware of it. Ma ybe "e didn ·1 make tt plain enough . I th o ught 11 "as ment io ned e, era I limes, she aid . ;-..f r. Gjrren ,a1d I didn't lno" \\hethcr tht would be something we hould discuss 1n another forum . ;-..1 a~o r Brad,ha " said do "e need hl schedule that issue for a Stud scs mn ? C11 unc 1I ~!ember Yur hick ,aid th, issue has come up in Code Enforce ment mcc11n11 . pantl·ularl the q uc,u o n u f ent rcement I mean . "hat I the gr:i e penod? Do the) go out today and g,ve them 1,ck.:1' Ordn the) ,a). n . ~ou ·,e go t t~ mo nths 10 ge t upa ten.:c r get> ur pad poured. or \\h,ue,-er• That "a. nc:>er reJII ) d ear ,n the ordmJn c r . I thm l . an our d1rcc11on . (\,un,tl \kmbcr J rr cu aid \\C m1 11 h1 ,am 10 1alL about th, The:) mt ht nccJ 111 ct a tcn.:tng permu., r "'mcthing Ir le: th jl. ,o 11 o mc b<iJ~ , ant 10 ,-o mpl~. 11 t le umc t • • - Englewood City Council September 2, 2003 Page 19 Council Member Grazulis said it does take time and planning and money. City Attorney Brotzman said that issue is set, again, for the next Code Enforcement meeting on the 16"'. Council Member Yurchick said I think they arc kind o f asking for direction from Council. Council Member Garrett said we can talk about it at the next available Study Session. Mayor Bradshaw said so we will have it on the Study Session Agenda for September 8"', to talk about derelict vehicles. In the meantime, Mr . Maisch, if you will talk to Officer Collins back here, I think he co uld address so111e of your issues. Mr. Maisch said thank you. Mayor Bradshaw thanked him . (ii) Council Member Moore said the entryway art received recognition in the paper thi s weekend, as being one of the finest displays of public art in the Denver area . I just thought I would make sure everyone saw that article, he said. (iii) Council Member Nabholz: I . She said I would like to thank everybody ... staff, Sergeant Collins, Community Development, everybody at RTD. Gary Scars and Olga Wolosyn. for attending the meeting last Thursday night at Bishop . It was quite well attended . It was the usual District I meeting. kind of rowdy, but everyone started calming down and I think we arc making some progress. she said, so I thank everybody that was involved. 2 . She said I have had 11 calls this weekend on the Bates Logan Park. I personally went to the park three times . Saturday morning, I had a soccer dad call me at 8 a.m., so I went up and there is no way those kids could have played soccer. I realize that we've got people saying it's wonderful, that there are no problems. I am going 10 be going to the Parks and Recreation meeting, but I also discussed with Council Member Garrett that they arc looking to put up a sign, that there arc some problems going on. It is not all just great with the dog park, we've got some problems. She said a constituent let me know who owned that property back in the early 40's. Ms. Nabholz said he lives in Littleton. I spoke with him and he was leavi ng town . He will be back Friday afternoon or Saturday morning. But that property was designated o nly to be a park . He bought all the land around there, before the houses were even there . He explained 1ha1 Packy Ro mans had come in with load after load of dirt and it did not fit in the park. so all the homes along there were flooding. so Mr. Romans had to bring in heavy equipment. He said the City spent a lot of money ... investing in that park . Mayor Brad shaw sai d that is ri ght. that is wh y that soccer field is a retention pond .. Ms. Nabholz said yes . So. Council Member Nabholz said. this is somethin g we arc goi ng 10 work on . We are all going to work on II 1ogc1hcr. bu1 I had a 101 of cal!s o n it. 3 . She said I received 9 calls from th e a uto dealers and I encouraged them to come tonight . ~-She said I received 6 cal!s fro m seniors ... 4 of them arc Englewood residents and 2 arc from L111le1 n ... that use 1he Mal!cy Center. They arc adamantly opposed 10 the blue spruce tree being c ut down and a tatuc being J'ulup 1here . One lady said she called the U.S . Forrest Service and was told that no blue pru ·e 1rec, larger than 1hrce and o ne half inches in diameter. can .he c ut. because II is our State tree and it 1, al,o 11!cgal. M.iyo r Bradshaw :ud I 1hink 11 is much larger than tha t. Ms. Nabholz sai d the y like the tree .i_nd the} like to ,mcl! 11 \\hen the} go into the Center ... they really want the tree. '.l.la)or Bradsha" a~kcd 1fCounc1l \\anted 10 d1 uss the tree next Monday at Study Session. Council '.\!ember :-ldbh lz .a,d )CS ,, t .. • • Englewood City Council September 2, 2003 Page 20 Mayor Bradshaw said good job Thursday night Ms . Nabholz. I heard you were great. Council Member Nabholz said thank you . (iv) Council Member Grazuiis: I . She said I just want to thank everybody who did come this evening. We will work this out. We may not like everything that is done. but we will work on it together . 2. She said I did want to perhaps boast just a tad. My 14 year old daughter went to the State Fair in Pueblo a couple of weeks ago and. out of 192, she took Grand Champion Junior Dog Handler. I think to bring that back to Englewood is pretty good. Mayor Bradshaw said you bet. Council Member Nabholz said that is excellent. Thank you, Ms. Grazulis said. (v) Council Member Woiosyn said I will be out of town next week. 13 . City Manqer's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Auorncy Brotzman did not have any matters to bring before Council . ••••• Council Member Grazulis said I do have one other thing. You know we all have to live by rules and regulations. and just to let you know, that even I have to live by tbe rules and regulations. I did noc act my nomination petition in on time on the 25•. so now I will noc be on the ballot, even thoup I will be running as a write-in . I just want you all to know that. We all have to live by rules. she said. 15 . Adjournment PUBLIC COMMENT ROSTER AITEM7 DATE: September 15, 2003 ,.. PLEASE PRINT ADDRESS • • 0 ·• • • 7~-~b,W I am speaking to you today regarding the Off Leash Privileges at Bates Logan Park. I represent a constituencv of aoproximatelv 150 members of the Jason Bark Park Group of which I am the Club Coordinator. We an: asking that you NOT DO A WAY WITH T~5f_FF LEASH PRIVILEGES AT ENGLEWOOD'S OFF LEASH PARKS. ~ year and a half ago, I would be standing before you without the experience of Off . Leash Privileges in a City owned park. Today, with a year and a half experience behind me, I feel that I can accurately say the following: l) Off leub priviJeaes in a City Owned park are ..J. ~ tkiq Off leash privileges allow a usc for the park which wasn't there bef~ in pcrsons from within the community together, forming bonds of friendship and connections that haven't been there in the past. -~ 2) Off leub privilepl bu provided as witll den ud unitary~ people usc the park and walk the areas. unclaimed poop is picked up, truh and debris is collected, and refuse by thoughtless humans is carried to a nearby trash bin. 3) Dru1 abase within die park ii pracdcally non-u:iltut/Drug sales and connections have located to other places to perform their business/Pf same goes for pn1 related incidents. Recently in a park in Denver there were tW(j shootings in the park.There bun't been aay 1acb problema ha Enslnrood parks. With the advent of Off Leash privileges. there are just too IUII)' people ud toe muy dop! 4) Off lalll dos ownen, using the park. have taken an "owaenMp" approaa to the park and that the parks are TIIEIR parks; providing extra eyes for 1111)' abuae of the parks. f"'"'\~,. 5) Off leuli uve opeaed a door for die Nllior cidzal to walk their clop, safely, 1 where in the past they haven't felt confident in doing so. ,Englewood has become an adult community. Many people such as myself, moved into Englewood during the 7'1s, their children attended Englewood schools, went off to college and retumc:d to work in marby c.p•,,..,,.,.,,,.. areas. School enrollment is down and has been on a steady decline. (l 980's -4SOO enrollment, today 2800, with the Open Door policy coming from outside the district). There ii no need to reserve area parks for cllildrea who are ao loa&er tllere. 6) Durin1 tllil year ud a laalf, NOT ONE iaddellt of a dot blda& a cluld, maulin& a child, or attacking an adult or child has been reported in Englewood. I Children should not be allowed to come to the park without adult supervision. I For the pat two summers, buses of children were brought in daily, usina the park u a summer day camp. NOT ONE report wa made daat tun wu a prolllea ceaceraias cUdna ud WI 7) Parks are aeaat to be ued, aot jmt INked at. 8) The City of Englewood co-sponaoral with Jaon Bark Part Group, an event on July 27th of this year at Centennial Park for doa owners. It wu a buae succeul 1be ... ·' i 0 ·• • • newspaper reported over 300 dogs and people attended the eveaf. Centennial is off leash park. 9) Eaglewood bu lead the way and ii bein1 1howa u an eumple by their decision to allow off leash parks within the City. By denying use of Bates Logan as an off leash park, would be taking a step backward.\ The City of Denver uses pictures of Englewood' Off Leash Parks to show to area people in Denver bow this can work. It docs work.I City Couadl bu 1lped approval on the Off Leash Dog Privileges every six months for the past year and one-half. 10) In the year and one-half that we have bad off leash privileges in Englewood parks, there has been NOT ONE SUMMONS OR TICKET ISSUED on an officer initiated or complaint call! Because a few penoaa have objected to off leula privilepl. tlutt ii ao reuoa to deny the benefits to the many people who use and enjoy the park. 11) On the other side of the coinJ if even one park has their off leash privileges taken awa~l it will tbrow tbe belaaee of tbe otber off leula parka off. The overMe will tau a to .. on the sod. the grass, the facilities. \We have a good balance now and upaetting that balance will affect everyone. Taking away the OffLeasb Privileges woald crate a LOSE-LOSE 1ituatioa. . SUGGESTION: A dtlzea'1 COIUlittee be fonaed to work on a compromiae that would accommodate the majority of the people of F.nglewood. 12) The Bates Lopa Park wa douted to die City of bpwood ferty ..... yean ap. Once a gift is given, the donor relinquishes COD11'0I of the gift. h would be nice to be able to accommodate the giver, however, the decision for the proper me of the park should go to the Council who has laeud all tlle lam aboat Off......_ l'lllber than a sentimental memory of bow things used to be. Times have cbanpdl People are living in apartments now with dogs as their room mates and dop need areas to nm; it is pd for the mental and physical health of Englewood people to be able to UIC the pass, trees. open space, fresh air and congeniality of other people doina the ..ae thina. walking their dogs in the park.( It is remshing to see a dog nmnina fiee in the park, good for people and good for the dogs! FACT: New York City ncopizes die valae of off lealll privilepl la a park. 'Bey laave u off leult park every 20 bloekl! Thank you for letting me address this group. I hope that you will listen to the people in Englewood and be fair about your decision. Jane Coleman. Club CoordinalOr, Juon Bark Park Group 3901 South Galapago, Englewood, Colorado email: Jantee@cs.com 303-781-2525 ' .. • • • -- 0 (J 'm writing to you in support of Bates Logan Park being left as an off-leash area for dog owners to exercise their pets. Whtie I am not a resident of Englewood, My mother-and father-in-law are. We visit them pretty much every Saturday, and since they live not too far from Bates Logan, we stop by to exercise our dog there almost every time we visit. Since I'm a Denver resident, we have very few options for off-leash play, and Bates Logan is an important part of our routine, and lets us exercise our year-old lab mix puppy in a healthy manner. The benefits of off-leash exercise are welktocumented: dogs need to run to fully exercise their muscles and joints, and a long walk, or even run, on a leash simply doesn't fully exercise them. In addition, the socialization benefits are tremendous-by being around other dogs, playing and interacting, dogs become less likely to be aggressive, bark less when they're left at home, etc. The fewer behavior problems dogs have, the less likely it is that they'll end up l.nMll1led in shelters as well. There are many benefits to humans bringing their dogs to off-leash areas as well-I've met many people at off-leash dog parks, including Bates Logan, and l'wt seen and heard of many others who met Iota of their neighbors for the first time at Bates Logan. This fosters a sense of connectedness and community. In addition, there are many elderly folks with dogs who find off-leash areas very convenient to exercise their dogs, and many disabled people find them tremendously useful to exercise their companion dogs. In addition, by making Bates Logan a leash-only area, you will be forcing residenls to drive places after work or on weekends to exercise their dogs, adding 1D traffic, pollution, etc. While I can't speak as a resident of your city, I do know that many residents feel that as taxpayers, they have a right 1D have public areas set aside for their uses, and ifs only fair to accommodate them. You spend money and set aside space for playgrounds, teoois cour1s, etc.-shouldn't the folks who want 1D exercise their dogs be given a couple spaces to do that? There aren't many off-leash areas in the Metro area-please keep Bates Logan an off- leash area-ifs a valuable asset to your community. P.S. I'm attaching an article from the City of Bloomington, MN, who has a has a very successful off-leash dog park program, with more info on off-leash dog park myths. Ulllt•II .. .,_.: . ,.. ..... .._,.... ............. _ 0 ff .... h a,w have bN11 ._.,um, ....... ...., .......... tlnugllaul .. us. for-• dlc:ldl. Oflln. _ ... _____ _ due to lhe COflllU1 m,1t1a 111d nilcolapllal• llloul aff-111111-. In,....,,.__ prowidl ......... 11111~ IDdllll. 11111 lllo ID .. c:onm.onily II llrgl. Afllr conaidarlbll-" ~ Ollllr clila 1111 hlve-ful aff-111111 ~WI..,. lllrnld .. '--• Mytll 11 ,, ' ... .. • • (J Hordes at IOOH dogs Mill owr-run the city. lkllrue. l!laoni,glDl't'1 off-llah ... ha fencing and nalural barrilrw. The sign at the .mryw ay ..,. Ille pubic that 1h11 -ii for off-llah enjoy man! and INlh 11w I WI be in llffect .Vf/1'/W here alH in the ciy. Myl!IIZ My child or dog MIii be vicioualy I/lacked. Lntrue. lhere ha _bean a lingaa.ioul i$,ry !9pOrWd in any ott ..... h .. ID cu krlNllclga-lffl111J 11an,hlppenad. Aa • ..._.. a11orney CCll'IINlllld , on.. ii IIM lablly in an off-llah .. 111an n moat CIIMI' parll llCIIIIIIII." Off-llah --..,.. llntDrill far vile'lg dogs, so 111 highly un9llly that thay wl try ID prOIICt ._turf. 0Dga prwfer ID wcllll '*ICII oul in fllr groups~. nu:h •,._do. Fla, rilWI bahavioriltll ~ 111N for y ... lhat dogl -1111 llllly ID be ._.... w Ill eKII CIIMI' when off-llMh tlWI w t.i they -an llahl Ollllhn undlr adult aupervllian wl be llawed in the off-lNIII -· but par.--lldwtNd ID 11M -,min-......-., wlh vwy IIIWI ~-Dogs whit playing can "--"""Y ~ into chlhn, whk:h nwy ~ ltlan Diga 111N n ID be aggrallve -not pannllld ID UM lheH-. Mylll 13 TIie noiae and lltanch 1111111 be _..,,,.,niflfl. Ullrw. \'Ill -ciMd and wakoc:illled dogl-nu:h qilillar in pubic-and Ill Ilana. So Ila mn nning and pllrlng • dag cloa, Ila 1111 llllly llal a/ha wl s-,-bark or 11'1111119 in nuunc:a bal*lg. The cilla we conaulld raparllcl lhlll nuiNnce ba1*lg wa not• prabllfflin fllr off- llah arcaa . A l1rlct "pick Vf/' polcy wl be in effect Ill II lllcalin and 111 way_.. rwpollllllly ID IINp Ila-clNn. Eich pl..alc lllgl and....,_ wl be pruvided ... Ill and .. ...,. wl be._.. ,...i.t, . .,,. ...-111a of ahr c:lla .,-, lhlll once._._ llgll off-lNIII-• ._. II 1"°'1glr PN1' prw11n ID picll up dag clrappingl 111d lraah 111d '--llnd ID be f• .._ tlWI ahr pubic -of .. cly. Myl!IN TIie ~and.,... MIii be dNttoyed and lie llnc:rfl(l 1111111 be unel(1rlly. Ullrw. The llra of .. off-111111 .. wl ._...,. lhlll ._.11 pllnty of roam ID aprNd out ID~ prw11n an veglllllDn. ANa of high UM (nyweya, CC1111111111 palll) nwy Med wood~ ar aa.r....,. a II aNdy done ii nnr cly parta. Fwt of,. dlllgn llldcalcu-.t 11•••1e1 II far .....rtcalilll projlctl, IUCl'l a ¥NI or lllnllll arllUlld fWICilg ID_... l .,._._nan, W-of fWICilg avallllll lhlll can be Clllill Ullllbnllwe or -vwy -.clwe. Tha tnie of fencilg UNd wlcllplllll an,_ lllldt ....-, II..._. fram .. cly 111d IIINd tram prlw-dancn (IUCl'I • you). llytll. r.111o.....-.. Ullrw. Alideframin111111111-up-.1D par farfencilg.....,.. and--. l!dl a...,_., lcall-, • 111--. .. _ Ullllt aofllel filllll or hoclaJ rilla, off-llMh -requir9 vwy .. naillll•ICI berond...,. ,_.. ----ilg t/1--. I ta bean pnlPCIMd thlta lllldllt lnclw ii dag IDlnlilg ,_ would par,,..., ...... ICI call. ii feel,_... off....ai-• llllllflof dag rwgilhllan would INd ID 111111 dag NjjlA•w llld lnawed ,_ ftll .. cly. T'Mr9111ty. Ofr../Nah --• s,N lllighbolflood ~ ,,,_. Bqlar1ance .,_, ... off-llMh -llulll U'CIIIO ...... huodl 111d CCllfflllllllll. OTre 1181 dlCr-.d ii nnr clla -.. off-111111-and paapawho ~ would not 1111111 NCll ahr wl1111t--. wi-• dog ii ..,. io lnal< ..... So neighbors git ID.._ -" CIIMI', frtandllipl _ ..... and ---..... Thank you far ycu ln9 and ccndlll•, .......... 4531 a.ct, Qu1 Dlmler.CO .. wao,,......,IICM CGl'II ' . .. .. • • ITo whom it may concern: I am an off leash ueer of Bat• and logan. I try to be extremely conaiderllte of people in the oark. if tome one look.1 uncombrtable with doge ... I leah mine. Moat anyone who 11 there for their doge ita before 9:00 and alter kidl ant at IChool and INlllingl. I they ant that undoQ friendly -lhould not come at that tine. The park ii going to be UHd b' both Kida and Doge NIii if the prMledge la taken ,,,., • IO WI lhould be conaiderate of both. I do not l'alle people who intilt on petting my dog with out my appRMl,(You'd be amazed at how many do.)ANO I WU NOT HASSLE PARENTS WHO DO NOT KEEP 'THEIR EYES ON 'MER Kl>S WHO M,\NT 10 'TOUCH 1HE DOGS. W e would not be bltnglng our doge to the pak if WI know our doge are people unttencly, who wanta a law 1ult/or aomeone tutHlftll The hiaterla ha got to 1topl Pie.a dont IWTKM our dog bagl anymcn elthlP aaylercc:lnlOlal.cam • • Dear City Council, I wi11h to thank you for the outstanding leadership you demonstrate for the Englewood Community . It is my understanding that the ofr..lN9h park programs in Englewood la now being repNHnted • a aucceaalll model program in which other cities .. now embracing. As a long time ~ d Englewood, I relish llwlg In a community that la piog191SM In thought yet stiff lends Itself to a small community tlllatyle. It hM come to my attentions that Bala'Logen Im been critized by a one houHhold that Ir.ea ~ to the pa,k. I r.l that some fltae IICCl•ationa hNI been stated to cloH the CJl.leah pmilegN d this pa,k i.ca.e this one perticul.-family pen:etwa the park • an extenalon ol their own personal property and not one d the entn Englewood community. I am a niguls i..-of the pa,k. I bftng my dagl to 8alN/Logan ao that wa can play bell and •erclH. I lcM my home. yet • moat yana In Eng!Naod mine la not !alga enough tlr adequate exeiclN. 8alN/Logan la a--, ttllt I l9Kh Cd and meet othels In my community. 1111a hM alloWlld the people d Englewood to know their ~lbc..a. People need to ba IOCial and dagl need to ba aoclallze. a.ca.. people INiy C8l9 about the park and whit It means to thlm, Baleall.ogan ._. WOik had to keep it elem. 111819 .. too many good cltlz-with their dogs al the pn to hNI pn:lblerna with drugl and gangs. 1111a pa,k la a cherished piece al'--' In a aoinNhalt Naming hostile ctlmata. If you chooM to take -, ol-taah pmilegll I r.l it wll ba to the detriment of many of the people you HM. Palka .. meant to ba uaed by the community . Many people come with their chllcnn to play In the pa,k with their dagl. It la a part of their lifl. In closing I 11ga you to conaldar the naeda ol the many and not the flw that alt lnalda their houaa looking Cd al the aria 9*Ylng the park. Thia altuallon l9llllnda me ol the Gruklch 1hat Stole Olrlalma. Pi... continue to i..t the.,., tlr alhar cornrnunlllaa. 1ba EnglNDod Paltca and RecAlallon dlNMI the "Galdan Medal A-.r. Thay do a gia job! l.al'a keep the pna open for al, and not to ba edmnd tan a tar. Slnc:enlly, Luia Roulston 3884 S. Shelman St. Englewood, CO 80113 We continue to i..t the.., Mayor Bradshaw and Council Members: I understand that off leash privileqes are being considered as a nuisance at Bates Loqan Park and you are considering taking those privileges away. As a single male, I have two dogs as my constant companions. It is very important to me and to them that I be able to take them to the park, walk with them, play ball or frisbee, or just enjoy being outside in the park. W~ have formed many friendships there, both canine and human, and it's fun to join others in conversation. It is important that the parks are clean, and in my experience, I haven't found any problems with poop throughout the park. Those people that I have seen, are very anxious to keep the park clean and retain use of the park for themselves and. their dogs. If there is any odor I am not aware of it. I have found other dog owners to be conscientious and responsible in caring for the park; and I would really hate to see that privilege taken away from us. Thank you. John Coleman 4396 South Logan Englewood, Colorado Council Members and Mayor: Pleae accept this letter u my voice and opinion on OFF LEASH PRIVILEGES in Enalcwood Aa a full time collqc student, and workina pert-time to make ends meet, I have very little time to exercise properly my best friend, my dog. What time I do have I try to go to Bllea-Lopn Park. It's good for me to get out a little and especially good for my dog to be Ible to IOCialize with other dogs. Therefore. pleue 00 NOT TAKE AWAY TIIE OFF LEASH PRIVILEGES at Blta-Lopn Park. I really appreciate yom consideration. Thanks - Chris Pottinaer 37 ll South Elati F.nglewood. Colorado Mayor Bradshaw and Council: I am writing to voice my opinion for OFF LEASH PRIVILEGES. For the past year and one-halfl have walked my dog, Collosus, at one oftbe off leash parks. He's a big dog, weighing 90 plus pounds, and be needs to have exercise, more than be can get in our backyard. I have lived and owned in Englewood for the past 15 years. There are many benefits to off leub p-ivilepa, but mainly I feel that it bat been physically and mentally good for me to be able to pt out of the boUle and meet other dog lovers. I have meant 101De very fine people at the park, and we look forward to seeing one another daily. I find the park to be clean and sanitary. Should I find IOIDe poop that bu been missed, I will willinafy pick it up. ndber than let it ay there. I allo pick up any trub and debris that I find along our walk. It's a small price to pay for the OFF LEASH PRIVILEGES. We enjoy the parka 10 much that I feel it would be a lhame to lole even the privilege at one park. I an willina to wark an any committee if thll would help to retain the OFF LEASH PARKS! Thank you for leaina me air my opinion. PLEASE DO NOT TAKEAWAY 1llE OFF LEASH PRIVILEGES. ClaraW"atucki Ropr W"atucki Yuri W"atucki and Colloals 3880 SOUlb Sherman Englewood, Colcndo I am writing to you regarding the Bates Logan Park. I hlM heard that ther9 ia an effort underway to take ,,,,.., ol-leah dog pri~leges in the park . I am aaking you to aupport tholed ua in fawr of the Bates Logan OIJ.l.eMh Dog Parlt. I just mlMld to the neighbomood a month ago, and hlM bind the Bates-..ogan ol-leah dog paitt is a wondn.11 place far community. It has gh,en both me and my dog a place to aoclallze and make new fnenda. Ewryone thllt I IINI mal thenl -not only dog kMrs -hlM been vary nice and friendly. The pa,k la always clesl, ll[lld I hale ,_ aean a dog meas 1a1 unpick• up . I am looking to buy a house after my lwe i1 up, and wted to Ind a place.,.. the Bata-1 ogan park . I would be a atane far the off.leaah dog pmMegaa to be taken ,,_, since I hlM al!Ndy fallen in 1cM wlltl the cammunlly. I would be tin to Ind another community • nice. PINN let me know ifthenl is a,ytt,lng thllt I can do to help keep the 8111N Logan P8lk • an a9..ah dog park. Thank you, Shaltene Bowman 3560 S. Marlon Stniet Englewood, 0080113 303-784-1198 (work) •hadeoe bowmaQOawntdex cam To : Englewood City Council, Re : Bat• Logan In light at the cumint contRM1Sy concemlng Bates-l.ogen, rd like to e,qna1 my 1uppo,t tir Englewood's Of Laah pe,k1. I am not • fnlquenter d Batea-logan (one dog i1 intimidated 17/ play-g,oupa, the other too willing to chae lquinls Into beck yards), but I do occaionlllly dri\1117/, anct I hNt alwaya been imp!9Ued 17/ the good bllha1or d people and dogl. 1 am lllao very imprealed 17/ the commitment anct wllllngnaa to work wllh the local community ex.,......17/ the a .... Logan s,oup. rm aure thll ii• trying inue t,r City Council, lince you hNt many dlkult In.-in tont dyou with higher priority than conllcta Olo9I' dogs, and you hNt an obllgatlon to be ....,anahllt to c:ompllllnta and ..... HoweoM, I'd Ilk• to ...... couple al oplnlana: -The populallty al a....Logan •• dog pe,k clNrly lllultmtea the need In the community t,r that audit. .fraquenllra of .. ....._... .. are dol .. • good llllng. ,GMng their dog a good outlet tir-.. • bll:ler'--..S at home, leas blndam bak• more apportunlty t,r good tMlnlng -8ociallzlng dogl ..Soclallzing humana • joined togllther with a common intelat, and actlwly engaged with the communlly -They .,. out ualng the parka • what's the paint al mlli-llng .. amply pe,k? -9ercelved cla ... , la not ... a1M •• aolllll ....... -Many people hNt • atn,ng pen:eMd ,_ at the aWt al an unlNahed dog -ltllt dog may be-.ng Ila lal with • tlabee hanging tam it'9 mouth • P9IQ8Md dangll' doa not IWNrily fflWI .... dangll'. I think it would be a ...a 1hane to almply shut down Blltel.J ogan, in ellct punleHng a gniup that •emplllea 10 many al the qualitlea that Eng!Naod tl1ea ao hMt to encourage In Ila •ldanta. A poalible 1uggaation • Obedience c1a .... 181.9'l In the ~ lwh paika, apecllcally addrNalnQ ,,. lwh blhwar. Such • -lala al l9CIII ("Came") exercilaa. Unbtunlltely, the late .-on may pracluda that tir thil y•. ~ I'd ._ to loll the ldaa tir nm aping. Eally IMilable, albdable, ~ ~ c:laaHa • HapaUy It would poaltlwly llllct the locll ll8IQIPIIDl1, and~ .... dog ownera would take 81M11taga al the olfartng. I know ona obedience ci.s ii ~ ollnd tfllwlti Patca and Ale. at Cuahlng Park . I alao know there are a number al wry good (poalllw) inatructola In the CCllffl'IUlllly who fflWlt be MCIUllld to inc,... the number al olllnd c:laaHa. ReapectfuNy' Cindy Scott 3063 So. Fox St. Englewood , CO 80110 Dear Englewood Government ITIGfflbets , A year ago I moved lo Englewood from Denver. My husband and I have 2 dogs, one of which is an Akllll. While living in Denver, we actively brought our dogs to a Denver park and to Chatfteld Reservoir ID lllt(NI our dogs to socially lr)taract with olher dogs off leash. Since Denver's parks are not off leash, we w.e not able ID have our dogs off leash as much as we liked. Needlela to say, our dogs n very IOcial since they have played off leash with dogs aince they were puppiee. Our Akita loves other dogs and people. Akita's are not known ID be very IOcial dogs howwer, I attrtbubt his mild manner to being allowed to play off leash with olher dogs and being around people. One of the rwons we moved lo Englewood wa becaule there are off leash parka. I live very clolle lo Jason Park Md take my dogs ltlefe regularty. I underatand that ltwe are concerns from l'Nidlnla nNr the Blllles-logan perk concerning having dogs off twh, however I believe that their perk's lilualion is quil8 different that the rat of Englewood's off leash perlal . For one, BalN-l.ogan is the cfoNst off leash park ID~-Unfortunallly, DerMr's fallln ID lfltlll to ill clllzarlS ha fan:ed" many Dlrw dog OWllll'S to go ti> BIiie Logan ti> alkllW ther dogs to IOClllla. Thll ha fNd to • mw amount of dogs lit the park. Secondly, the rat of Englewood's off 1111111 parka do not t.. • many dogs off 1111111 • 1!1111 Logan. For example, whm I go ti> Jaor'I Park, I ...., _ 1.Z alla dogs off 1111111. Jaor'I Park Is larger thin B•s Logan and accordlngty the people and the dogs rn1y lnlnct .Addlllonlly, I ls 1llnced so homecMMrs do not,--lo tnllncl wllh part( vlllln. Jaor'I Park le one of the ct...l dogs parka I ,--been to• dog owners ragularty pick up alllr ther dogs. Overal, I do not think thet the ..,. • BalN Logan should spil inlD the rat of Englewood's off 1111111 partls. I believe that Englewood's goverm,ent should apprlN the City of Dlrw of the ..,. going on wllh BldN-Logan Ir. ORllr for Dlrw ID Ulldel-ld how .. ...-ncs ti> Nlabllsll off 1111111-for dogs ha alfeded Ila sunoundlng citillS. Bates Logan's ..,.. should not .r.ct the rwt of EilglNood's off 1111111 parb. We are l9SPClflSlble dog owner who slrOfllllY bellev9 that off leash lntilr&tlon makes ct,,gs more soclal and ensures the safety of Dlher people Md dogs. I do not hav9 chlldrw1 and pay taxa I wouki lb my 1llx8s to remain going tDwards somethiig poelllve for myNlf Md my anlmals. I bellwe 1h11 Eliglewood's progrwt.,e stand on off lealh parks shows the rest of the rnelro .,. that dogs .. an impoltlllt pert of DUI' Iva .,__ do not let the ..,.. of one park aff9Ct the rest of the parks. Pleale lit Dlrw know 1h11 they IINd to addr9SS their off lwh par11 ..,. so lhllt Englewood ree1c1en1a can conanue to ,--off 1111111 p,1v11eges in "* parka. AliceHanna 4420 Soulh EIIIII Shel City Council Members , I am writing to you about the Batlll/l.oglln Park regarding the dog off lwh prMedges. I Ille in Englewood I bought a house clole to Bates/Logan Park , becauae ol the off INah pri"8dges there . I am questioning the integrity aome of the complainers. I fllel like this situation ha become a personal i11ue juat to get the dogs out of the l*k and the complaints .. CMlly dramatic. For example, I .a • the l*k and the woman who lhee in the bltMrl houH on the edge of the pm was yelling • • man rapeatlng "don, let your dog bite my child" the iionic thing le that the mall' dog -CMI' by the picnic tablN and the womana dild nut to 1W on the door atep. Thie pm la w,y papular and I It** .. ol you ahould go loillt and farm your own daclalona on what you thklk. , _ U.. • 8 :00 Ihle a.m. lwlllked .. CMr the eoccer leld I dldn1 .. ary dog poc:,pl 11 rally ttioui,i1 U.. WM a pidllam I wauld beck the appaeing Iida, but I don, "*1k U.. la. ~. Pleaae go .. the pm and I hape you .. will aupport what mary in our cammunlly .. • • gaod thing. Thar* You, JillTom•o Charles and Kathryn DiMan::o 701 E Bates Ave Englewood, CO 80113 August 28, 2003 Dear City of Englewood, I am 'Miting today to inform you of our c:oncam regarding Batas-Logan Park. We need our playground. We need our soccer field. There are not enough fields as it is for the Englewood Soccer Association to hold practices and games. We need our ball fields and our basketball court. We do not need the dogs off-leash. The dogs have c:haNd my IOl'I. We saw one child get bitten; we have 18811 many become frightel 18d. The dogs UN our eoccer field • a doggy toilet, and d8fecate on the playgnu'ld. Bates Logan Park is a place for children and families. Off-lealtl dogs dp not belong there. Many dog owrws do not watch their dogs, do not clean up after their dogs and are not in control f1 their animals. Please, give the park back to the children. Do not let it go to the dogs. Sincerely, ~ aAk-Ch~~~ Alvin Rudy 700 E Bates Ave Englewood, CO 80113 August 28, 2003 Dear City of Englewood, I am writing today to inform you of my conc:em regarding Batas-Logan Par1<. Bates Logan Park is a place for children and families. Off-leash dogs do not belong there. Many dog owners do not watch their dogs, do not clean up after · their dogs and are not in control of their animals. Please, give the park back to the children. Do not let it go to the dogs. Sincerely, ca .. -·v ~'7 Alvin Rudy \-> e .-\-\ °T .\ 0\\ f\,O°'-JL d 0~ \ e..0.~ ~0.<" \\ ~ ,o~, \::) o:\ c...~ I l-o·~('\ Yo(~ ""TO CL \Q...C::,0 ~~01\e..... V. 0Q.( ~o. ( ~ . U\ e:_, "~' (l.Lu oc d. • w o. i\"\, a. •• p e)o to i e ~ '1 Pioo<"~~";:,~ i 7 3y 'S. /Jt,J1n~lf lv~(, *. 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"-' £ ~'!· Ns& ~<::.> 'tS~,,~ 10.~'1. ~ (VW,\,~ lo()l..,L dA,12~~·.QL,~ S . \~uf'\ &t f.rr~,,,,url & $0tl() 1 Oro<L •• \,v,{5L£NN W1 £..f:> >=c;e.D L-(Cf ti S, /~""1Acft t:>~ dQ("e..o~: €A~ooo Lo g'o/l'C) O..C\, e.. ~ /11,J~ON /.... ~ Pl}tJ.K~ S6 7 o $. ,/)11 If! Al //II C! ST cld'(Q.~'::,~A/6,(Cl(}tJr:Jt> eo 5'0//B.- 1 a.m~ ·I> {lo Sa.res 3/l., 3 5. 0";/,u·cJ St . ~c\(<2.. "S-5:0 €..nc...,ILWoocJ 1 Go Yo,.t3 7 - ( \> e :\-\ + \ o ~ rr,o"-.1 e... d o ~ o--\ ~ \e...CL~ -\ ,o~" '\::) a.-\ c...~ I \..-o ·~\\ YO<"°' -\"o CL \e. '7.)~ r~0 1 \e.... LA. 0'2.( ~o. <" ~ . L(\ ~ "~' e..LD 00 d. • ~0.\\'\<2.. •0 ('(\eL-1riJOA ~A(~,(H~5 .-2771 $ ~,JS\fl..,\J~~\AS:f- \~c\d(e.~'.':>: ~~ Co 8011.3 NO-t\,e. ·.CL-,..+ ~lo.0~J-ey- ~ d6 ,et>"'-:)·. J7q5 S", ().-.,"'s-/ """ rir'o..._ N o.m<L •• ~R t,tv Lb=-?41~ ~ dO {'e. ".:) "'.::l : ?o 'L. t: ~ rll,o-st' -f c.._ ClactSheetl Hookworm Infection What Is hookworm? (J Hookworm is an intestinal parasite of humans that usually causes mild diarrhea or cramps . Heavy infection with hookworm can create serious health problems for newborns , children , pregnant women, and persons who are malnourished . How do I get a hookworm Infection? You can become infected by direct contad with contaminated soil, generally through walking barefoot, or accidentally swallowing contaminated soil . Hookworms have a complex life cycle that begins and ends in the small intestine . Hookworm eggs require warm , moist, shaded soil to hatch into larvae . These barely visible larvae penetrate the skin (often through bare feet), are carried to the lungs, go through the respiratory tract to the mouth, are swallowed, and eventually reach the small intestine . This journey takes about a week. In the small intestine, the larvae develop into half-inch-long worms, attach themselves to the intestinal wall, and suck blood . The adult worms produce thousands of eggs . These eggs are passed in the feces (stool). If the eggs contaminate soil and conditions are right , they will hatch , molt, and develop into infective larvae again after 5 to 1 O days . Who Is at risk? People who have direct contact with soil that contains human feces in areas where hookworm is common are at high risk of infection . Children --because they play in dirt and often go barefoot-are at high risk . Since transmission of hookworm infection requires development of the larvae In soil, hookworm cannot be spread person to person . Contact among children in institutional or child care settings should not increase the risk of infection . t • • Zoonotlc Transmission and Human Disease The growing popularity of dogs and cats in the United States, together with high rates of ascarid and hookworm infections, has resulted in widespread contamination of the soil with infective eggs and larvae. Epidemiologic studies have implicated the presence of dogs, particularly puppies, in a household, and pica (dirt eating) as the principal risk factors for human disease. Children's play habits and their attraction to pets put them at higher risk for infection than adults. The Public Health Problem Larva migrans syndromes are not reportable in the United States, so the actual number of human cases is unknown. However, many human cases continue to be diagnosed and a recent national survey of shelters revealed that almost 52% are capable of causing human disease. Persons likely to come in contact with larvae-contaminated soil include electricians, plumbers, and other workers who crawl beneath raised buildings, sunbathers who recline on larvae-contaminated sand, as well as children who play in contaminated areas. Most pet owners do not know that their pets may carry worms capable of infecting people . Hookworm eggs can develop into infective stage larvae in the soil in as little as 5 days, and ascarid eggs within 2 weeks, depending on temperature and humidity.• To illustrate the extent of environmental contamination that can occur as the result of one infected puppy, a single female ascarid can produce more than 100,000 eggs/day , resulting in millions of potentially infective ascarid eg~s per day spread throughout the area the puppy is allowed to roam.1 Once the eggs become infective, they can remain infective in the environment for years. Because most puppies and kittens are not routinely brought to a veterinarian before 6-8 weeks of age, they will already have patent infections and be actively contaminating the environment. While all adult animals are at risk , those that are allowed to roam or spend most of their time outside run a greater risk of becoming infected. ' • • GactSheetl Cryptosporidiosis (krip-toe-spo-rid-ee-oh-sls) What is Cryptosporldlum? ·• • Cryptosporidiosis (krip-toe-spo-rid-e-o-sis), is a diarrheal disease caused by a microscopic parasite, Cryptosporidlum parvum. It can live In the Intestine of humans and animals and is passed in the stool of an infected person or animal. Both the disease and the parasite are also known as "Crypto ." The parasite is protected by an outer shell that allows it to survive outside the body for long periods of time and makes it very resistant to chlorine disinfection. During the past two decades, Crypto has become recognized as one of the most common causes of waterborne disease (drinking and recreational) in humans in the United States. The parasite Is found in every region of the United States and throughout the world. What are the symptoms of Crypto? Symptoms include diarrhea, loose or watery stool, stomach cramps, upset stomach, and a slight fever. Some people have no symptoms. How long after infection do symptoms appear? Symptoms generally begin 2-10 days after being infected . How long will symptoms last? In persons with average immune systems, symptoms usually last about 2 weeks; the symptoms may go in cycles in which you may seem to get better for a few days, then feel worse, before the illness ends. How Is Crypto spread? Crypto l ives In the i ntestine of Infected humans or animals. MIiiions of Crypto can be released in a bowel movement from an. infected human or animal. You can become infected after accidentally swallow i ng the parasite. Crypto may be found in soil , food , water, or surfaces that have been contaminated with the feces from infected humans or an i mals . Crypto is not spread by contact with blood . Crypto can be spread : • By putting something in your mouth or accidentally swallowing something that has come in contact with the stool of a person or animal infected with Crypto . • By swallow i ng recreational water contam inated with Crypto . Recreational water is water in sw i mming pools , hot tubs, Jacuzzis , founta i ns, lakes, rivers, spri ng s, ponds , or streams that can be contaminated with se wage or feces ' ·- • • • from humans or animals. Note: Crypto is chlorine resistant and can live for days In pools. • By eating uncooked food contaminated with Crypto. Thoroughly wash with uncontaminated water all vegetables and fruits you plan to eat raw. See below for information on making water safe. • By accidentally swallowing Crypto picked up from surfaces (such as toys, bathroom fixtures, changing tables, diaper palls) contaminated with stool from an infected person. I have been diagnosed with Crypto. Should I worry about spreading Infection to others? Yes, Crypto can be very contagious. Follow these guidelines to avoid spreading Crypto to others. • Wash your hands with soap and water after using the toilet, changing diapers, and before eating or preparing food. • Avoid swimming In recreational water (pools, hot tubs, lakes or rivers, the ocean, etc.) If you have Crypto and for at least 2 weeks after diarrhea stops. You can pass Crypto In your stool and contaminate water for several weeks after your symptoms have ended. This has resulted In many outbreaks of Crypto among recreational water users. Note : you are not protected In a chlorinated pool because Crypto is chlorine resistant and can live for days In pools. • Avoid fecal exposure during sex. Am I at risk for severe disease? Although Crypto can Infect all people, some groups are more likely to develop more serious Illness . Young children and pregnant women may be more susceptible to the dehydration resulting from diarrhea and should drink plenty of fluids while Ill. If you have a severely weakened Immune system, you are at risk for more serious disease. Your symptoms may be more severe and could lead to serious or life- threatening illness. Examples of persons with weakened Immune systems Include those with HIV/AIDS; cancer and transplant patients who are taking certain immunosuppressive drugs; and those with inherited diseases that affect the Immune system . If you have a severely weakened immune system, consult with your health care provider for additional guidance . You can also call the CDC AIDS HOTUNE toll- free at 1-800 -342-2437. Ask for more information on Cryptosporldlosis, or go to the CDC fact sheet Preventing Cryptosporldiosis: A Guide for People with Compromised Immune System What should I do If I think I have Crypto? See your h ealth care provider. How is a Crypto Infection diagnosed? Your health care provider will ask you to submit stool samples to see If you are Infected . Because testi J for Crypto can be difficult, you may be asked to submit several stool specimens over several days . Because tests for Crypto are not routinely done in most laboratories, your health care provider should speclftcally request testing for the parasite. What I• the treatment for Crypto? There Is no effective tratment. Rapid loss of fluids because of diarrhea can be life- threatening In babies; parents should consult their health care provider about fluid replacement therapy options for babies . Crypto is usually not cured and may come back If the Immune status worsens . QactSheetl Tosoarialia (TOX-o-kall-RYE-u-1il) Roundworm Infection (Zoonotlc) What Is toxocarla•ls? Toxocariasls Is a zoonotlc (animal to human) Infection caused by thep C I s w e 11] • t Ill • Wli I k • .. (TOKocara can/s) and cats (T. catl). In tfle Ul"lll'9lt' States, __ , 9 C 11 . m11 .. 11st-• I •• IT ·-·· ... I How can I get toxocarluls? You or your children can become Infected after aa:ldentall'/WIS U 4 fs 18 I 11 I 2 31 ,.P 111pllrm.lliUasla-• It I 9 2 Who I• at rl•k for toxocarlul9? Young children; owners of dogs and cats. How can you prevent toxocarlul•? • Do not allow children to play In arus that are soiled with pet or other animal stool. • Teach children that It 15 dangerous to eat dirt or soil. Tpxocariasis -Page 1 Parasites and Health Toxocariasis (Taxoar• can/s} (Toxocara cati] ut.r.·de G-aalwc "" Dl*11dian Causal Agents: Q . Page 1 of2 (Last Modified : 10/29/2001 10:25:46] Toxocarlasls Is caused by larvae of Toxocara cants (dog roundworm) and less frequently of T. cati (cat roundworm), two nematode parasites of animals. Ufe Cycle: Toxocara canis accorr.pllshes Its life cycle In dogs, with humans acquiring the Infection as accidental hosts. Following Ingestion by dogs, the Infective eggs hatch and larvae penetrate the gut wall and migrate Into various tissues, where they encyst if the dog Is older than 5 weeks. In younger dogs, the larvae migrate through the lungs, bronchial tree, and esophagus; adult worms develop and ovlposlt 1n the small intestine. In the older dogs, the encysted stages are reactivated during pregnancy, and lnr.ct by the transplacental and transmammary routes the puppies, In whose small Intestine adult worms ' • • • 7:oxocariasis -Page 1 Page2of~ become established. Thus, Infective eggs are excreted both by lactating bitches and puppies. Humans are accldental hosts who become infected by ingesting infective eggs In contaminated soil. After Ingestion, the eggs hatch and larvae penetrate the Intestinal wail and are carried by the drculatlon to a wide variety of tluues (liver, heart, lungs, brain, lllulde, ev•). WhUe the larvae do not undergo any further development In these sites, they can cause severe local reactions that are the bull of toxocarlasis. The two main dlnlcal presentations or toxocartasls are visceral larva mlgrans (VLM) and ocular larva mlgrans (OLM)•. •a.~ fl(DqOttls, • niundwonn of-, hu bean reported to ..... almllllr VLM and OLM syndromu In h-. Geographic Distribution: Wortdwlde. - ,·ii, . ~ .. Cutaneous Larva Migrans Background: It presents as an erythematous, serpiginous, pruritic, cutaneous eruption caused by percutaneous penetration and subsequent migration of larvae of various nematode parasites. Pathophyalology: The life cycle of the parasites begins when eggs are passed from animal feces into warm, moist, sandy soil, where the larvae hatch. They initially feed on soil bacteria and molt twice before the infective third stage. By using their proteases, larvae penetrate through follicles, fissures, or intact skin of the new host. After penetrating the stratum comeum, the larvae shed their natural cuticle. Usually, they begin migration within a few days. In their natural animal hosts, the larvae are able to penetrate into the dermis and are transported via the lymphatic and venous systems to the lungs. lhliylnllk llaughlnm .. ._...amigr*totalla:llaa..._.,,._ r:..s In .. Ii lnlat-,RIIIILn u11 alt), .... qdah eJ a a Eta••• a s Humaw .. 1 I 1 Ir 13 2 , and the larvae are believed to lack the collagenase enzymes required to penetrate the basement membrane to invade the dermis. Therefore, the disease remains limited to the skin when hi.mans are infected. FNqUenCy: • In the US: CLM is rated second to pinwonn among helminth infections in developed countries . Race: No specific racial predilection exists because CLM depends on exposure. Sex: CLM demonstrates no specific sexual predilection because CLM depends on exposure. Age: CLM can affect persons of all ages because it depends on exposure. • t .. • • - UX>~ I: Whd hos 10 ~M -to o~ ol'-our Cl ci4-r 3ens b.fote. we. relom -4c 'flte, ? .3. f).OT,bu lc: wisdom oP. dt,s OI\ ,~&. ------------·-.. ~ 11.111'-p,1r11111..· jl,llh.'lll lo the.' t'll1lr~l'n \' d1.:panmt.'nt ii ( ~ .u1 1r111 ,,, k~ \\J, 1n1u1,·d ,plim th,11 C\IIL"rn11, llftL"n 1' r-. I"\ th,· p.111, 111 "ill b,' <'xtrcmd) up,rt and Jn~htc;wd ., l.J e 1 "-" d1 'IIU,lllllll th.II uJI, f,11 t.ilm rc.1ssur.tnll 1111 )1>lll' jl,11 r., I 'on ) :\ 111,1)\11 concern \\'llh d,,o b11r, I', the" sprL",ld of ( ~pc.~ . 1<1/•1,,. an ,I( Ule. f.11.il ,·11,il inku,nn ,if thl' lentrJI f .,,...-ncn·ou, sy,1e111 that t.111 .1 fk ,1 JII ".11111-bln,,ckd .1111 111.11, ,\l1h,1u~h 1.1h1,·, ",·,1rc111<lv 1.1!,' l<>d.n· p.ull,L, l.11ly "ilh \\ldc·,prc.id 111<1,til,n1,m ol p,h.11,1ill L"\l,1, \t 1,1) d,1g, I h,ll ha\'C IIUI been llllll Ui.llcU Lill h,• l.Hlll'IS ,,1th,· Uh,".ts,· ·" ,.111 ,quind,. b.11 . hl\,·,. ,kunk, .• md 1.1<1,,,in, I lw \'lrus ,, 1n 1hc ,.il,u of J .rab.u! 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It) .1h,1d thl· \,1t < lnl' h IP f111d the J111111al Jnd turn II ,,,n 1,, the hl'.1l1h lkp.11 nwnt ll1r llh .... en.1t1t1n antVPJ 1r,1m~ Rt tT It' 'l'lll ltlt.tl .1111111.11 rt1m r11l pr1,i..t.·durt.·:-t l hildrcn pan1su LJrJ\' \'PIIEM' PP!'" ppy he 'fl Wll "h 111 u1c d nr C\'t'l1 k,J cJ I\ dn ,, rhe,e d,,g, Jr,· 11,11 .1 \\,I), ,·1c1llus or rah1c . someunw,. the d1ild h.1d unkn,1\\ 1ngl · pro,'<•ked the .1111mJI I 1,mc,cr. \'<'ll mu,, ,h,Ulltt' that 11 111.iy turn and a11.1, k 1,1t1 .is \\di I h, 1d,1r, ,-.,u general!) should nnt ema th, 'L<'IJc u1111l 1hc .1111111.d ha, b,cn scn11,d h1 ,nhu th" p,•h«· ,,1 .111.11111n.1l u)111rol ,1t11,cr l hl'n \'liu 111-11 ,,Ill\ ,1u11h, 11l'u'",II\ Cllll'l>;l'llc\ ,,lll' ,111d tr.111,p,•rt h,· duld 1, :lie t.'TllL'J 1..~en ... ,. c.kp.u1 mt·r11 M'41r~ &we,, o/J.- ~~ A~e, E,3~ ~u LU\S oJlttt.U ~ ~ hi#lt'n c,, -II,~ 5 /,,() fd er · s,,,.,..,, Z!X)3. /Jc /ice t/rrl f; lat. P'1rrlc cw,..~,.1~J · I • - ,/ l'.tgc: I of I ,w 6x>rt..i I: WJ-wtf ho.s -b hAa>M -le o~ oP oor '1o1b ~ ci~l:ae,is beo~i Tl" 1.1H. relcim '4c -Me ? . 3. t). C T,bA.s lc wisdom oil dt,s °" /ftdwa . ·" 11.llhp,,n th, p.111rn: lu 1h, cmng,·nl\ dcp.tr1111,·n ;t ( ~ .111 .11111 01 ll'l\ ,,-.1s 111 1u1cd ,ph1111h.11 ,·,1rt·n1111 l 111, 11 "D.t• () \ 1lwp.111,·111"dlb,·c,trenwl) up><t,111dln)!htrn,·d 1 \../'C"' 'llll,111011 th,11 L.ills r,1r L,11111 r,',ISSUl,lOL<' till \<llil j',11' -.,-f. I -,_.onn J :\ 111,1101 l'l11!Lern ll'llh dog bncs IS the sprud of I( ~Pll11¢Tl ~ 1,1/,1n .• m .1CUil' f.11al nr.1l 1nfeu1,H1 nf the Len r.11 f ncn,>th ;y,tem~.111 .1ffeu all \\Jlm-blu,,d,·J .1m 111.d ... \hh1lu 1h ldh1c., i-. r\lri-·mcl~ r,_nL· h1d,1\ j'.IIllll, I.uh \\llh \\1,k,pre.1d 111<1,ul.111011 lll p,·h.11,t,'I ,. "'' 'IJ.l\ d.i '"' lh.tt h,1\L 111..11 hn·n 111t•LUL11cd t,111 ht t.1n1t·r ll tht dht\t ... t' ,h c..,111 ... 4u1rrd~ h.th IP\t'"' ... kt111r ...... irtcl r,ttt.t\11th llw\1ru..,hintht·~.1h,·.1l1f.1 rt d ,, 111fl·1.1'-cl .rn1m.1l .mtl 1-.. trd1hm1ttL·tl throuL'h hu111 :3 Pr Doq Bites and Rab ies \t, Ip, 'Ph \•. dll [ T t.,, 11! \ ,lit 1111 I h\ d1.,: d1 I ti ' ltJ'l'll tl1t• l I.II, 1,, lh \',11~ 1ti.11 <lo~ h11t· ... lit llni f l\L\111)\\l·f\ llltllh,'1\1\\t'\l'I \l!(~..., 'TI 1t1l 1 1 ! ht,l\11\ ttlf l,lllllll.llt'd \\llh \lrttll..'nt h;tllt;[l,l r w, d(•t\ , t> ~111a1t\Of" Sin O\Utns , co . • c.o ~.111t1pt·11\\11und lnlt..·t. 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( hildrrn p.u pr ul.1 rjy \'PPP!' opr ~ Pl n· h "l lh 'I '> .If, 111n11·,·d ,1r ,·,en k1 ·cl b, cl,,•, I h,·.,.· ti,,~, .,r,· 11<>: JI .1 \\,l\S \'ll'lllU, 01 l,IIJIL SOIJll'lilllt',. illl' tinid I, iJ 1mkrh1\\lll~h· pr\l\'tikcd tlll' 1111111.1! lh1\\C\ll \Pl! m ·, .1 ... ·1 tntl· th.1~ II Ill.I\' (Urn .lllJ .Ht.h..k)i'U .b \\Lil J l1l h' 1.1 11..~ \1lt1 r,·n ·r 1lh . h,Juld rwt t 111(1 thl' tllllll ti!,· ,111111!.t! h.h h,<"11 stUll,·d b ,:tl.,•1 th, .u, m:1•.il u1rn to! ,,If tr I hrn 1, u 1 ;J\ , r fh.u ~Ir\ ilh.:t ,.t fl \ ..... Ut .. H L, ll t. J' rt 1h1. , 11 "' \ d I 1m Meir~ &wer, of! ~e-s A~e, E-,3~ (1(.J ~ O:Htttk. ~ hi~lc-n o,., -fl,e /,,() t I er Sf,,.,..,,, zw . lfi/ic ,v'~rl .f; ltt I. PJ. ate d;Q"'~,,ld. · I • C ·• • !'ark s & Open Space '111 .1•·t· dn.: IT-l t•·hh .1 rc:1 .' Often ca lled "dog park s ." do g off-l eas h areas are one to three acre. fenced ~ieas where canines can run off le ash. These areas have specific rules that owners mu st observe to e ns ure order and safety. Dog off-leash areas have been aro und for 20 years and are w idel y used in urban and s uburban areas where people a nd dogs are concentrated . In Hi ghland s Ranch th ere will be two sizes of dog off-leash ::trea s; neighborhood dog off-leash areas that will be about I 1/2 acres and serve a spec ific area , and community dog off-leash areas that will be three acres and have nearby parking for community-wide use. \ h~ do!! ofT-lc:1-,h an·a,·.• Dog off-leash areas provide a safe place for pets to play and exercise off-leash. A well-exercised dog is healthier, le ss lik e ly to bark excessively and thus , a better pet and neighbor. Dog off-leash areas also are a place where dogs and dog owners can socia lize and make new friends. Cu rrentl y, there are no areas in our parks and open space system where dogs can exercise off-leash. Dog off-leash areas will g ive owners a place, close to home, to exercise their pets safely and legall y. In recent community surveys done by the Metro Districts , dog off-leash areas were the third most de s ired new or expanded outdoor recreation faci lity de s ired by resi dents,j ust behind more hard and soft s urface trail s. Do g owne rs s impl y want a small place that 's a s hort di s tance away to take Rover for a run off-leash . 1ii ,J1·e· KJth:-, :md Brandon Elliott make s ure their budd ). T: on mr "\\ 1\ .ll!!hl.imhrand1..irg : :. ~.1.t11mt • r .--. ,-. Pa gel of I •· • q 15 200' ,1anaging dogs in parks and open s pace As our community grows, there are more and more dogs and dog owners using the parks and open space on a regular basis. To improve dog leash and waste pick-up compliance, the Metro Districts are taking several actions. First, we will hire the first full-time Park Ranger to oversee education and enforcement of rules in parks and open space. This person, along with eight other limited duty Rangers ( currently on our staff), will allow us to significantly increase our patrols, education programs, and citizen involvement programs. Second is the creation of dog off-leash areas. To be effective with rules enforcement throughout our parks and open space system, we need to have a place to direct dog owners when they ask, "Where can I have my dog off- leash?" Finally and most impo tly, we plan to increase citizen and neighborhood involvement. We will expand our Park Host program and get neighborhoods andgroups more involved in caring for parks and open space. It will take all of these actions to protect our special places and keep them safe and enjoyable for everyone. hnp: iwww.highlandsranch.org/2/2-7a.htrnl 9/IS/2003 SURROUNDING CITIES/COUNTIES OFF LEASH DOG PROGRAMS AURORA: Located at the Quincy Reservoir I-Park De veloped On leash while In developed area Fenced Why: I. To keep the dogs from running away from their owners/not all dogs respond to voice commands 2. To provide safety for others using the park facilities 3. To keep the dogs from running into the surrounding residential area AR\•ADA: None Working on it "wlU most likely be fnced" BOULDER: Dtveloped 2-Parks Fenced Why: I .Question not asked/ BROOMFIELD: None some open space trails undeveloped off leash OK oa lenll while l• developed areas Caa't ftad a 1•ltable locatiOll ldeal for ALL DENVER: "None" Whoever there is one at 666 S . Jason'St by the dog shelter FOOTHILLS PARKS: None Leash laws in all parks HlGHLANDS RANCH: Developed 4-Parks Oil leuh whlle l• developed area Fnced Why: 1. To provide a safe place for pets to play and exercise off leash 2. To provide a place for dop and their owners to socialize and make new friends JEFFERSON COUNTY: Dneloped I-Park Fnctd Why : I. Mlt j ust makes sense" 2. To protect the wild life _ ............... a .. 3. Safety for ochers usina the park fac ilities/not all clop .-e ftiendly/not all people are comfonable with dogs/to guard against dog bites 4 . _ To protect dop from traffic hazards LAKEWOOD : Ulldeveloped Localed ll the base c,f Q,-Mountain I-Parle ot fenced in/propeny line is fe nced Not c lose to aay resldeatlal area LOUISVILLE: Uadn'eloped I-Park Ot full y fenced Wh ): I. Fucwc Comm un i~· Park. will ha~c fftad I• landKapcd off leash dog area :?. Fllllll'C Comm 1111ity Park will be• developed_. • • ·• • • PROCLAMATION 0 CJ WHEREAS , substance use and abuse is a major public health problem that affects millions of Americans of all ages, races and ethnic backgrounds, in all communities and which has a huge medical, societal and economic cost; and WHEREAS, substance abuse is a treatable disease and treatment of addiction is as successful as the treatment of other chronic diseases such as diabetes, hypenension and asthma; and WHEREAS , thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence and treatment issues ; and WHEREAS, the U .S . Depanmenl of Health and Human Services, Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Treatment; and the Office of National Drug Control Policy : invite all residents of the City of Englewood, Colorado 10 panicipate in National Alcohol and Drug Addiction Recovery Month: and WHEREAS. acknowledging September 2003 as National Alcohol and Drug Addiction Recovery Month offers individuals in the substance abuse treaanent community an opponunity 10 educate the public and policymakers about the effectiveness of treatment, both societal and financial: and WHEREAS. on behalf of the citizens of the City o.f Englewood, Colorado. I am pleased 10 celebrate September 2003 as National Alcohol and Drug Addiction Recovery Month in the City of Englewood. Colorado; and NOW THEREFORE, I, Beverly J. Bradshaw , Mayor of the City of Englewood, Colorado, hereby proclaim the month of September 1003 as : · NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of Englewood, Colorado . I urge all of our residents to join together to "JOIN THE VOICES OF RECOVERY: CELEBRATING HEALTH" by supponing men, women and youth who are in drug and alcohol addiction treatment and recovery and their families . GIVEN under my hand and seal this 15th day of September, 2003 . Beverly J. Bradshaw , Mayo r ' • • -·• • • CJ PROCLAMATION WHEREAS , pain is one of our nation 's most serious health problems -it is our silent epidemic ; and WHEREA, more than fifty million Americans live with chronic pain caused by various diseases or disorders . and each year nearly twenty-five million people suffer with acute pain; and WHEREAS, although the medical knowledge and technology is now available to relieve or greatly ease most pain, most pain goes untreated, under treated, or improperly treated; and WHEREAS, people do not realize that pain is not something they "just have to live with ," even though treatments are available to lessen most types of pain ; and WHEREAS , the American Society of Pain Management Nurses , Colorado Pain Society , American Pain Foundation and Partners Understanding Pain dedicate their work to creating both con sumer and healthcare professional pain education , dialogue , and nerworking to funher the appropriate diagnosis and treatment of people with pain ; and WHEREAS , Colorado is pleased to join these concerned citizens and professionals in promoting a united effon against the epidemic of pain; NOW THEREFORE , I, Beverly J. Bradshaw , Mayor of the City of Englewood, Colorado, hereby proclaim the month of September 2003 as : PAIN AWARENESS MONTH in the City o f Englewood , Colorado . llnd do commend this observance to all of our citizens . GIVEN under my hand and seal this I 5th day of September 2003 . Beverly J. Bradshaw, Mayor ' • • ~. SIISCIII '11iomC1111 'i,m fiu iun"6"isW carur as a Cowie~ for tlie City af ( Littmon, Colorado in 1987, U1'Vffi8 as 'Mayirr of Lim«on fr11m 1989 rliroueli 1993 ani "84in jr- 1999 di"'"Sli 2003; ani , W'H!£~91.S. 'Mayirr 'Tliornton lias servu{ nationaiTy as tlie syofu_rnon for munic~tics ~ CIIU[Jftt 19' in S"l""Jiuwf liiwsuits: fiu Afflllitia inc(ua, t~ 6.for. C""9"'utoniaf • committees ani servi"8 as tlie munu:91aC r7rcsmtariv, on tlie nationa{ Commission of SUJ'fffa,uf; ani ~. in fiu ftftan '!Jf"TS on tlie City Council; 1'1ayirr 'Tliomron lias worW to mfuana inur8'7"trnmmta( coo_pcration; ani ~. ~ '11ionuon /ias li,,n a ffl'°"8 S'9'J'O'Ttr of int,r~ 48'"UlllffltS to pruvuh cirizms wirli 'fua(ity services at tlie lowtst possi6u cost; ani ~'1t&S. rlie cities ', -'ins ~ ,_ licaw an arm.siw ~ af t1'WiU, ,-SJl'K' lias lietn protictti Jr11m dew~t. nt~ liaw lirm srr~ ani liiste7ric prtUTWtion lias lietn madi a priority. 'NOW TH!E~'F~ '1. 'Bcwr(y J. 'Bradsliaw, 'Mayirr of rlie City of'.!~ Colori:ufa. ojficialfy commma for fiu years of idu:aruf urviu to rlie citizms of Littferon. And Jvnfiu ~ """arar,faf aY.P'"tciation far rlie Jim cxamyu slit lias Silt f,y liu idu:ation, profmtoniaCism ani coo_pcratiw suJ.1""T of inttr~taC actmtics. t .. I • • ·• • • • PROCLAMATION WHEREAS, Maddox Elementary School opened in Englewood in the Fall of 1953; and WHEREAS, now bas an enrollment of 300 students with 25 teachers in Kinderganen through Fifth Grades; and WHEREAS , during the 50 years of its existence, Maddox Elementary School bas had only six principals of whom three are still living; and WHEREAS, :Maddox Elementary School was named Metro Area Title I Distinguished School by the Colorado Depanment of Education for distinguished academic achievement in May of2003 ; and WHEREAS, Madd01 Elementary School will hold a reunion celebration of its fifty years of existence on October 4, 2003 . NOW, THEREFORE, I, Beverly J. Bradshaw , Mayor of the City of Englewood, Colorado, and Members of City Council honor Maddox Elementary School for its fifty years of existence and the accolade it received from the Colorado Depanment of Education as Metro Area Title I Distinguished School, and hereby proclaim MADDOX ELEMENT ARY DAY ON OCTOBER 4, 2003 GIVE~ under our hands and seals this 15.., day of September, 2003 . Beverl y J. Brads haw. Mayor Julie Gruzulis Douglas Garrett. !'.byor Pro Tcm John H. Moore Ann Nabholz Olea Wolosyn Michael Yurdu,:k ' • • ·• • • ~ ' I tj -~~----..... -~---~---:~ .... -~--------------•,-----~· PROCLAMATIO~ WHEREAS. the Constitution of the United States of America. the guardian of our liberties. embodies the principles of limited government in a Republic dedicateu to rule by law; and WHEREAS. September 17, 2003 marks the two hundred sixteenth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS. it is the privilege and duty of the American people to commemorate this magnificent document with appropriate ceremonies and activities; and WHEREAS. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Co,utillllion Week. NOW THEREFORE. I. Beverly J. Bradshaw. Mayor of the City of Englewood. Colorado. hereby proclaim the week o f September 17 through September 23, 2003 as : CONSTITUTION WEEK and urg t all c itizens of Englewood. Colorado. to study the Constitution and reflect on the privilege of being :10 American with all the rights and responsibilities that privilege involves. GIVEN under my hand and seal this 15th day of September. 2003 . Beverly J. Bradshaw. Mayor ' •· • -·• • • PROCLAMATION WHEREAS, the problems created by illiteracy affect all Englewood residents through lower productivity and higher social costs; and WHEREAS, the tireless effons of many local groups, including the Colorado State Daughters of the American Revolution, have contributed to the success of literacy programs through volunteerism ; and WHEREAS, volunteers in our state have enabled many residents to reach their goals by providing free classes and tutoring; and WHEREAS, community programs throughout our Nation are observing September as National Literacy Month . NOW THEREFORE, I, Beverly J. Bradshaw , Mayor of the City of Englewood, Colorado. hereby proclaim the month of September, 2003 as : LITERACY MONTH in the City of Englewood. Colorado , and urge all of our citizens to honor literacy students , tutors . and all those who suppon the literacy effon. GIVEN under my hand and seal this 15th day of September, 2003 . Beverly J. Bradshaw , Mayor ' •· • City of Englewood ~ITEM9(a} DATE: September15,2003 PLEASE PRINT NAME ADDRESS F OF PUBLICATION THE ENGLEWOOD HERALD ~ STATE OF COLORADO SS ffi COUNTY OF ARAPAHOE I, Gerard J. Healey , do solemnly swear that I am the Publisher of the ENGLEWOOD HERALD and that the same is a weekly newspaper published in the city of Littleton In the County of Arapahoe, State of Colorado, and has a general circulation therein; that said newspa- , per has been published continuously and I uninterruptedly In said County of Ara~ for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered In the Post Office of Littleton, Colorado, as Second Class Mail matter and that the said newapa. per is a newspaper within the meaning of the act of the G-ral Assembly of the State of Colorado , approved March 30, 1923, and entitled NLegal NotlcH and Advert1Nmen1a" and other acts relating to the printing and publishing of legal nollcN and was published In the regular and entire issues of said newspaper, once each -"· on the same day of each week, for a period of Lconsecutive Insertions and that the fttst publication of said notice was in the laaue of , said newspaper dated f 2003 I i The last ubhcation of said notice waa in the '.~ issue ~ said newspaper dated ~ ~ ~) f l ti •; ~...lC.===~¥./.wct~~:....J..~ r s ,gnature of p () f Subscribed and swom to befq!§ tJ{_ ~ me, a Notary Public , this~ day :, /J. ) :i of ,'!20.Pkozl(L ~/2003 : J«r.izt c:z 1M1:-az "~n._/ :,_,~nature of Notary Public • " • • ·~ ~~~~~~~~~-~ ... -...--~~-~s _ CITY OF ENGLEWOOD ................. , Nollce ii l>oraby g;..i 1N1 Ille City • Councilolj,:Vt~Englowoocl, on .!.J .at •. 111 Chambe,a al ~CMcC:-, 1000 Englowood Parllway, Englewood , ~-The pu-of .. '-Ing lo to -......,, if1JUI conceming Ille 200o P,--, Budget. .._pa,tieo fflay-cpiniono in -·---HNring Of in wriling ID be -by ... Cily Clert< by 5 :00 p.m. an.....,_ 15, 2003. "'-wW*'O lo ope. ..... -~ may cal lhe Cily a.t.·1 Cllllce, 303-792·2~7. lo..,_,,_ ~Of• llgn;.ip-will be --... -· By ordor of ... Englewood City Council. L-.. A. Ello . MMC Cily Cloit< 1000 Englewood P.,,._.y Englo,,oaa , ~ 80110 • t .. • • Prcpelly Tax Specific Ownellhip Tax Sales & Use Taxes Qga,ette Tax FranchiMF- t.-=--& Pennila 2004 GENERAL FUND REVENUES a Pnlpel1y Tu aSpecllc Owlwahlp Tu DSIIN 6 UN T- 1% 7"' •Cigar.a.Tu aFrand11N FeN -~&Pennlla •~•go.w.nmallal ~ •Ana a Forlellurw •a.,g. for s.w:ea •mi..i DRecrNllon • MllcellarMloul a Olher 2,425,000 Fina & FOlfliua 1,481,. 368,750 CIIIIVll lor SIMca 2,871,184 19,230,138 lnllllll 75,000 538,125 Alclllllorl 1,1112,51111 2,029,500 ..._.._ & Oller ¥f1$17 753,452 ~AMlu 1,253,129 TOIII RMIUI • a,1a,117 2004 GENERAL FUND EXPENDITURES al.eglllallon aClly AIIDmey DCourt aCllyManagar 7"' • Rrw1ce a Adrrin a lnlonnallon Tech 3"' 13"' af'ldc WOllca .Conllnganc:y as-cys- 1% .Community Dev Dlllfwy aRecrNllon .Humlrl ReeolllC8a • D9bt s.n,ic. Lagillllion 344,543 NIie Wolla 4,480,750 Cly,.,.., 177,133 SlfllyS... 13,772,325 r.c..t 1211,117 Canlluily ~ 1,148,857 Cly ...... 5a,511 l.lnly 1,157,122 lillwl ....... 525.113 Alc:Nation 4,981 ,450 Fiwa' Adillil. 8Mlcel 1,431,131 DIIIISIMcl 2;211,214 lnlanllan T ...... 1,221,111 ~ 202.000 Talllle..,._ • M,1 ... " • Debt lllnlce Fundl Debt 5eMce Foods IICCWII for the~ ,nd payment ol bond principlll ,nd i*'8lt o/hM lhan lonQ-/IIIII debl accomllld for in III enlelp,i,e or inlllmll llMial frnlB General Obligation Bond Fllld $ 100,200 $ 969,620 P0t37-Yale $ 3,159 $ 3,321 Concrete ~ District $ 5,290 $ 4,348 PD I 38 $ 66,910 $ 71,039 PO I 35 · Navajo $ 37,414 $ 7,n9 Spscia/ Rewl1ue Foods 8CCOll1t for ,p«illc -flll n legally r9Slricled lo..,,.... forpri:1/W ~ ConseMllion TIUII Fllld $ 377,750 $ 525 ,000 Commercial Revolving Loan F $ 5,000 $ 30,000 Cormulity Developmenl Fi.n $ 150,000 $ 150,000 Dono!s Fllld $ 145,550 $ 149,150 Malley Center T 11111 Food $ 3,000 $ 200,000 Pw & Recreation Trust Fi.n $ 14,000 $ 10,360 Special Assessment Surplus & Deficiency Fllld $ 200 $ 50,900 Joint Vllllln Joint VentulllS a111 seperalll lega/ enliflel ii lllhldl ~• ,-. ticipalll in a seperalll tnd spedlic dvily for the*"' ol fflll f/lJJlic or SBtVice reapents and in lllhldl the Q1M111-* ,..,, CIIIIJOilg filllfllCial inletesls. LittletorJEnglewood Wa&lewater T111atment Plant Fund $18,629,564 $18,882,013 LittletorJEnglewood Wastewater Treatrner,t Plant Fund $18,629 ,564 $16,829 ,564 """""115'Mc9 Flltldl 8CCOll1t l:lr"' liwlc:lng ol llDOC* or lllwioel ptrNidad by Mt dlpl,tlm or 1Q111CY lo o/hM~ or.,.. ol fflll gMl1-,f, 111d lo o/hM~IIII lnlll, an a ca.I ,.,._.,__ ServicenllrFllld I 1,424,1113 S 1,3111,112 Clpilll ~~Fu $ 845,352 $ 842,557 Central SeNicel Fllld $ 360,000 $ 330,490 Ri1k M1111g1m1111 Fllld $ 1,114,008 $ 1,111,585 E"!*,N llenelill Fllld $ 4,784,488 I 4,524,836 ~Fllldl8CC0111tl:lr .... ....,llldapa,*1il1 _....,,.,,,,,_,..._.,... w• Fllld s 8.4311,483 s 7.3N.2M s-Fllld • 56,CMl,300 • 23,2114,573 9lalm Ollillgl Fllld $ :Ml... . .... Go1 Coulle Fllld I 1,811,000 I 2,038,812 Conalll lay Fllld I 548,175 I 713,324 Houllng Anllllllk., Fllld I 1,082,000 I 1,082,000 ~ """'* Fllldl 8CC0111t l:lr""......, 111d OIIIIIN:tan o1,,,., ..... allw .... ._.._,by p,optll,llty Alm nl ... ... NIie ~· Fllld Clpilll PIOjectl Fl.RI $ 2,8al,C9 I 2,30'l,800 I 882.500 I 562,500 s 11,373 s ao.a \, .. 2004 Budget Summary City of Englewood t • TH E I ENGLEWOOD HERALD (; STATE OF COLORADO SS :-COUNTY OF ARAPAHOE 1, ~ I, Gerard J. Healey, do solemnly swear lhat < I am the Publlaher of the : ENGLEWOOD HERALD and that the same is a weekly ,-spaper published in the city of Littleton In the County of Arapehoe, State of Colorado, and haa a general circulation therein; Iha! said newapa- per has been published continuously and uninterruptedly in said County of Anpehoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said oowspaper is entered In lhe Poet Office of Uttlaton, Colorado, as Second Class MaH matter and that the said ll8Wlpa- per is a newspaper within the meaning of the act of the General Assembly of lhe State of Colorado, approved March 30, 1923, and entitled ulegal Notice• and Advertlaementa" and other acta relating to < the printing and publishing of legal notion and was published in the regular and entire , issues of said newspaper, once each -ii, ~ ~~ the same day of each week, for a period ~ 2-.consecutiYe insertions and that lhe flral ~ publication of said notice was in the ._ of ~ said newspaper dated :1 2003 1 9 The last <?blication of said notice was In the '~ issue f sa id newspaper dated ·l~~,Mj CITY OF ENGLEWOOD ..... "'*ICHINWtG , -p1111N may_ ... cpnono ln-<11t11e,._.-ingor1n WIiing ..... -by .. Qly Clorlc by 5:00 p.m. an~ 15. 2003 . ~~ .. _.. ... Public ~ may cal the Qly Clorlc'1 Olllce. 303-7112-2407, IO -- --or align-up.,_,...,. -•tthecloo<. By onlor al the Englewood Qly Council. Loucrlotlil A. Elio . 1oWC Qly Clorlc IOOO~Pn.y ~.~80110 .. t .. • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Intergovernmental Agreement with September 15, 2003 10 a i Cherry Hills Village for U .S. 285 Sidewalks ln i!iated By: Staff Source: Department of Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approv ed Council Bill No. 54, Series 2003 , authorizing an Intergovernmental Agreement w ith CDOT for the construction of US 285 Sidewalks. Council app roved Resolution No. 43, Series 2002, authorizing the City to apply for Federal Funds under the Transportation Equity Act for the 2 1" Century (TEA-21) RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to enter into an agreement with the City of Cherry Hills Village. This agreement covers financial commitments related to the construction of uus 285 Sidewalks from Clarkson to Old Hampden". BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The north side of US 285 between Clarkson and Old Hampden is identified in the City's Sidewalk Missing Links Program. Installation of sidewalks at this location is desirable for safety and conveni ence of pedestrians and is required as part of the Americans with Disabilities Act In February of 2002, the city submitted an application to the Denver Regional council of Governments (DRCOG) for Federal TEA-21 funds to construct this project Initially, the project did not mak e the cut for inclusion in the TIP, however, staff continued to pursue the p r0ject when additio nal funds became available in early 2003 . As a result of this effort this project was added to the Transp o rtation Improvement Program (TIP). Staff approac hed the City of Cherry Hills Village about cost sharing since approximately 400 linear fee t of th e 2,125 lin ear feet of sidewalk is within the City of Cherry Hills Village. The City Council of Cherry H ill s V ill age has agre ed to cost share, and on Tuesday August 19, 2003 passed a resolution authorizing the Mayor of Cherry Hills Villa ge t o sig n an intergovernmental agreement w ith the City of Englewood . FI NANCIAL IMPACT The tot al es t imat ed p ro ject c ost is $39 7,000. Federal funds in the amount of $29 7,000 are programme d in th e TIP . The Local match required is $100,000. As a result of this IGA with the City of Cherry H ill s Village, Ch erry Hills Village will pay $10,196 toward satisfying the local match, le aving Englewood to pi ck up the remain ing $89,814. The 2003 Sidewalk Missing Links budget has $40,000 and th e remai ning money is being requ ested in 2004. LIST OF ATTACHMENTS Int ergove rnmen tal Agreemen t Bill fo r an Ordinance t .. • • ORDINANCE NO. SERIES OF 2003 BY AUllfORllY ~-.,r-.... ~ f COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATION BETWEEN llfE CITY OF CHERRY HILLS Vll..LAGE AND llfE CITY OF ENGLEWOOD FOR COMPLETION OF llfE U.S. 285 SIDEWALK PROJECT. WHEREAS, the City of Englewood submitted an applicatioo for Foderal TEA-21 enhancement money for sidewalk installation OD tbe DCll1b lide ofHipway 285 &om Clarbon Street to Old Hampden A venue; and WHEREAS, in Au,ust of 2002, Denva-RqioaaJ Council of Govemments infonned tbe City of Englewood that ldditioaal fimdina wu available for projects in 2003 to 2008 and tbe U.S. Highway 285 sidewalk project wu aelected foe IUCb funding; and WHEREAS, Cherry Hills Villqe is IUppOltivc of tbe Project and bas ap-eed to c:oopera1e and participate with tbe City of Englewood in completion oftbe Project in the area located in Cherry Hills Village. NOW, llfEREFORE, BE IT ORDAINED BY llfE CITY COUNCIL OF llfE CITY OF ENGLEWOOD, COLORADO:llfA T: Sq;tigp 1. That tbe lntasoft1111Dm111 Apeemeat bctweea 1be City ol Bnalcwood, Colcndo, and Chcny Hills Villqe, Colondo. for aidewalk iDICIIJatioa OD lbe D011b side ollfipway 285 from Clarbon Stnet to Old Hampden Avenue is hereby appn,Yed. A copy of llid lntcrgovcmmcntal ~ is aaacbed bm:to u &bibii A. Sq;tigp 2. The Mayor 111d City Clerk me hereby IUlboriad to lip IDd lllell llid .,._ foe and on behalf of lhc City of EnsJcwooct. Introduced, read in filll, llld puacd oo tint readina oo tbe 15th day of September, 2003. Published as a Bill for an Ordinance oa the 19th day of Scpfember, 2003. Beverly J. Bradlbaw, Mayor ATTEST: Loucrishia A. Ellis, City C1ert I, Loucrishia A. Ellis, City Oerk for the City of Englewood, Colorado, hereby certify the foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on first reading on the I 9" day of Sep(ember, 2003. Loucrishia A. Ellis, City Oerlc - THE INTERGOVERNMENTAL AGREEMENT (JOA) FOR COOPERATION BETWEEN THE CITY OF CHERRY lDLLS VILLAGE AND THE CITY OF ENGLEWOOD FOR COMPLETION OF THE U.S . 285 SIDEWALK PROJECT TIIIS AGREEMENT, made lhia __ day of , 2003, by and between the CITY OF CHERRY HILLS VILLAGE (Cherry Hills) and the CITY OF ENGLEWOOD, COWRADO, (Englewood), WITNESSETII WHEREAS, the City of Englewood submitted an application for Federal TEA-21 enhancement money for sidewalk installation on the north side of Highway 285 from Clarkson Street to Old Hampden Avenue as illus1raled on the attached copies of plan documents (the "Project"); and WHEREAS, in August of 2002, Denver Regional Council of Governments informed the City of Englewood that additional funding was available for projects in the 2003 to 2008 Transportation Improvement Program (TIP) and the U.S. Highway 285 sidewalk project was selected for such funding; and WHEREAS, 400 line11r feet of this Project is located within the City of Cherry Hills Village; and WHEREAS, Cherry Hills Village is suppoltive of the Project and hereby agrees to cooperate and participate with the City of Englewood in completion of the Project; and WHEREAS, the Project was approved based on a required 25% contribution by the Parties of the cost estimate for the Project; and WHEREAS, the City Council of Englewood and the City Council of Cherry Hills Village agree as follows: NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows : I. Scope of Agecment. This Agreement defines the responsibilities and financial commitments of the Parties with respect to the Project. 2. Scope of the Project. The Project shall include the final design of improvements for the U.S. Highway 28S sidewalk project as shown on Exhibit A. 3. Public Ncccssjty . The Parties agree that the worlt performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the Cities of Cherry Hills Village and Enalewood. 4 . Project Costs and AUocatjop of Cogs, The Parties qree that for the purpose ofthia Agreement the Project costs shall be allocated u follows : EXHIBIT A t • • Project: Total Cost: U.S. Hwy. 285 Sidewalks -$397,000 Clarkson Street east to Old Hampden Avenue Contributions: Englewood $89,814 Cherry Hills Village $10,196 Project consists ofS-foot Englewood -1,725 l.f. Wide detached sidcwallt Chcny Hills -400 l.f. Therefore, based on the Project costs, the maximum contribution by each party shall be Englewood -$89,814; Cherry Hills Village -$10,196. s. Hweement ofFjnapces, Payment of Cherry Hills Village's share shall be made to the City of Englewood subsequent to execution of this Agreement and within thirty days of request for payment by the City of Englewood. The payment by Cherry Hills Village shall be held by the City of Englewood in a special fund to pay for increments of the Project costs. Englewood shall provide a periodic accounting to Cherry Hills Village of the expenditure of Project funds. Any interest camcd by the monies contributed by Chcny Hills Villaac shall be 1CC1Ucd to the special fund cstabliabc,d for the Project and such interClt shall be Uled only for the Project. Within one year from the completion of the Project, if there are any IIIOllica, including interest earned. remaining which are not committed, obligated, or disbuncd to or for the Project, each pany shall receive a percentage of such monies as follows: Englewood 90-/o; Cherry Hills Village 10"/o. 6 . Ownership of Propcny and J irnitatiom ofUg, Englewood and/or Chcny Hills Village shall own the property, either in fee or nomevocable cuement or right-of-way and shall be responsible fOI' the same. It is specifically undentood tlw the rights-of-way are being Uled for sidewalk purposes. 7 . Majntcnance , Tbc Parties agree that Englewood or Chcny Hills Villap shall each own and be responsible for maintenaocc of that portion of the completed and acccplcd Project that is located within the Party 's municipal jurisdiction. 8 . Term of the Agrmnent . Tbc term of this Agreement shall commence &om final execution by all parties and shall terminate two years after the final payment to thc construction conttactor and thc final accounting of funds on deposit at the City of Eqlewood is provided to the Panics. 9 . Limi.l.in'.. Each Party hereto shall be responsible for aay suits, demands, com, or ac tion s at law resultina from its own acu or omisaions and may insure apimt IUCb liabilities u the Party deems appropriate:. . t .. .. • • 10. Contracting Ofticen and Notices, The contracting officer for Englewood shall be the Director of Public Works, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado. The contracting officer for Cherry Hills Village shall be Director of Public Works, Cherry Hills Village, 24SO E. Quincy Ave., Cherry Hills Village, Colorado 80113. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by certified mail, postage prepaid and return receipt requested, addressed to the Parties at the addresses set forth above. 11. Amendments, This Agreement contains all of the terms agreed upon by and among the Parties. Any amendments or modifications to this Agreement shall be in writing and executed by the Parties hereto to be valid and binding. 12 . Scvcrabiljty, If any clau.~ or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement u a whole and all ocher clauses or provisions shall be given full force and effect. 13. AppJjcablc Laws, This Agrccmcnt shall be governed by and construed in accordance with the laws oftbc Swe ofColondo. Venue for any and all lepl ICtions reprclina the transaction covered herein shall lie in the appropriate court in and for the County of Arapahoe, State of Colorado. 14. Apiphility. No party to this Agreement shall mip or tnmfer my of its rights or obligations hcrcundcr without the prior written coaaent of the DOMUiping party or putiea to this Agreement Such COIIIICDt may be withheld for any rcuon. IS . Bjnding Effect, The provisions of this Agreement shall bind and lhall inwe to the benefit of the Parties hereto and to their rcspcctive IUCCCSSOn and permitted uaigns. 16. Enfon:cahjljty. The Parties hereto aaree and acknowledac that this Agreement may be enforced in law or in equity, by dccrcc of lpOCific pcrfonmnce or damaaa, or IUCb Giber 1epl or equitable relief as may be available subject to the proviliona of the laws of the State of Colorado . 17. Appropriations, Notwithstandina any other term, condition, or provision herein, each and every obligation of Englewood and Cherry Hills stated in this Agrccmcnt is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of Englewood and Cherry Hills Village. 18 . No Third Party Bcncficjvin. It is cxpraaly undcntoocl and agrccd that enforcement of the terms and conditions of this AgRcmcnt, and all rights of action relatiq to IUCb enforcement, shall be strictly reserved to the Parties, and notbin& comained in this Agreement shall give or allow any such claim or right of action by any odlcr or third pcnon on lUCb Agreement. It is the express intention of Panics that any pcnon or party Giber tbaD any one of the Parties receiving . erviccs or benefits under this Apcemcnt lhall be cleaned to be an incidental beneficiary only . ' .. • • WHEREFORE, the Parties herelo have caused this instrument to be executed by properly authorized signatories as of the date and year tint above written. SIGNED the day and year tint above written. CITY OF ENGLEWOOD, COLORADO Beverly J. Bradshaw, Mayor Attest: Loucrishia A. Ellis, City Clerk obeftWit1ner,itmey for Cherry Hills Village • • COUNCIL COMMUNICATION Date Agenda Item Subject September 15, 2003 10 a ii A bill for an ordinance making changes and additions to 4-1-3-1, (Purchases Without Bids) of the City of Englewood Municipal Code to reflect voter- aooroved chan11es to the Citv Charter Initiated By I Staff Source Oeoartment of Finance and Administrative Services Frank Grvlllewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has not discussed this particular issue, but a ballot question was placed on the November 2002 ballot and approved by voters making these changes to the City Charter that prompted the preparation of this bill for an ordinance. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance making changes to 4-1-3-1-B of the City of Englewood Municipal Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2002, City Council discussed and approved placing a Charter question amending Sections 113 and 116 before the voters on the November 2002. Essentially, the question raised the amounts of a purchase that would require competitive bidding. The amounts in Section 113 were raised from $10,000 to $25,000 for non-capital purchases and from $25,000 to $50,000 for capital purchases in Section 116. These changes were made because inflation had made the limits overly restrictive over time. This ordinance makes changes to the Englewood Municipal Code to reflect the changes approved by voters. Also, ad ditional language has been drafted adding a new 4-1-3-1-E, which gives the City Manager or designed the authority to prescribe rules, regulations, and policies necessary to control purchasing activities in an effective and efficient manner in accordance with the Home Rule Charter and Municipal Code of the City of Englewood. FINANCIAL IMPACT This action will not have a direct financial impact on the City of Englewood . UST OF A}TACHMENTS Propose d bill for an ordinance • • 0 ORDINANCE NO . SERIES OF 2003 BY AUTHORITY A BILL FOR CJ CDMCB."911%· INI'RODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE, mLE 4 , CHAPTER 1. SECTION 3, SUBSECTION 18, RELATING TO PURCHASES WITIIOUT BIDS, AND ADDING A NEW SUBSECTION E RELATING TO RULES, REGULATIONS, AND POLICIES NECESSARY TO CONTROL PURCHASING ACTIVITIES. WHEREAS , in 2002, City Council discussed and approved changes in Sections 113 and 116 of the Home Ruic Cbaner concerning competitive bidding and capital improvements raising the amounts that would require competitive bidding; and WHEREAS, these changes were made because inflation bad llllde the limits overly restrictive ; and WHEREAS , the Englewood Municipal Code needs to be changed to agree with the Chaner changes . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO , COLORADO, THAT : ~-City Council for the City of Englewood, Colorado, hereby amends Englewood Municipal Code Title 4, Chapter 1, Section 3, Subsection I B, to read II follows: 4--1-3-1 B: Purchase without Bids : B. The City Manager or designee shall have the authority to purchase supplies, materials and equipment in excess of •• the mall ..... (11,.GCMl,QQ) m thouypd dollars C$.S 000} upon the open market or tbrouab ncptiations and without receiving sealed, competitive bids tlierefore, in tbe followiq situations and subject to the following conditions, provided dial aone of such purchases shall exceed l8B lhe111wi dell-(119,0CMI) twqUy-fiye dPM¥1 dpllars C$2S 000 00) Section 2. City Council for the City of Englewood, Colorado, hereby amends EnaJcwood Munici pal Code , Title 4, Chapter I , Section 3 , Subsection 1, by adding a new parapph E to read as follow s: 4-1-3-1 : Purchase without Bids. ~ Jbs Cisv Mews W:11 have Pas tMVJY IA prppjhs wkln mreleSiooa M4 ooliciea PCSCMNY tg C9PRPI PYISbeins e;tiyitip YI • sffp;tix, pl sfflsiPJS mappq iP IFS9DWIGS with Sias HPfPC BMk Qeasr IPfl Mypitjpl 9* e(Jhc City of Enslewopd ' ·'.lo ... • • • Section 3. 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 4. Severabjljty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or c:irc:umstances shall for my reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or c:in:umstances . Section S, Inconsistent Qnijp,ns;es, 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 c:ontlic:t. Section 6. Effec;t ofrepgl or modjfiqtiop. 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 c:riminal, which shall have been incurred under such provision, and eac:h 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, u 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 prosec:utioas. Ses;tiop 7, ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Attest: Introduced, read in full, and passed on first readin& oo the ts* day of September, 2003 . Published as a Bill for an Ordinance on the 19* day of September, 2003. BevatyJ.Bndlbaw,Mayor Loucrishia A. Ellis, City Clerk I, Louc:rishia A. Ellis, City Clerk for the City ofEnpwood, Colorado, hereby certify the above and foregoing is a true copy of a Bill for an Orclinance, ialroduced, read in full, and puud on first reading on the 1s• day of September, 2003 . Loucrilbia A. Ellis • (J COUNCIL COMMUNICATION DATE: AGENDAITTM SUBJECT: Newspaper Corral Ordinance September 1 S, 2003 10 a iii INITIATED BY STAFF SOURCE: Community Development Department Lauri Dannemiller, Senior Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; • The ordinance implements an action item identified in the South Broadway Action Plan. No previous council action has been taken on this matter. RECOMMENDED ACTION; Staff requests that Council adopt an ordinance regarding the management and regulation of news- paper corrals within the public right-of-ways. BACKGROUND. ANALYSIS. AND ALJJRNATJYES IDENTIFIED; Over the past few years, a plethora of news and marketing publications have begun to randomly appear on major corridors within the City. The orderly placement of newspaper corrals within the public right-of-way is necessary to complement the numerous improvements and investments oc- curring on South Broadway, as well as providing for the health and safety of pedestrians on trans- portation corridors. To accomplish this goal and assure that.legitimate news and advertising publications are available, this ordinance sets forth a prioritization system for such publications. That priority includes: 1" : lhose racks that are currently located within corrals. 2',d: Publications published more daily or more than five (S) days per week. 3'd: Publications published one (1) to four (4) days per·week. 4"': Publications published less frequently than once per week. S"': Where space is available, publications may be permitted a second rack after all other publications have been permitted within that corral. The new spaper c orrals will be installed by the City and permits must be obtained by the publica- tions t o place the newspaper racks within the corrals. Any one publication is limited to one stand per corral on each side of the street. Publications will be required to list contact information in a clea rl y vi sible place outside the box. Failure to do such may constitute a violation of the ordinance in w hi c h case the violation may be corrected or the box may be removed and held by the City. FINANCIAL IMPACT; Th e City has provided for the puchase and installation of approximately 15 newspaper corrals on majo r transportation c orridors. UST OF ATTACHMENTS; Bill fo r Ordinance ·'to .. .. • ' • ORDINANCE NO. SERIES OF 2003 15th AUTHORITY A COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE AMENDING TITLE 11, CHAPTER 7, ENGLEWOOD MUNICIPAL CODE 2000, BY ADDING NEW SECTIONS 251HROUGH 31, INCLUSIVE, PERTrG TO NEWSPAPER CORRALS, AND AMENDING TITLE 11, CHAPTER 3, SECTIO , PERTAINING TO OBSTRUCTIONS. WHEREAS, the uncontrolled placement and maintenance of newa racks in the public right-of-way presents a danger to the safety and welfare of persons using such right-of-way, including, but not limited to, pedestrians, persons entering and leaving buildings, and persons perf onning essential utility, traffic control, and emergency ICl'Vices; and WHEREAS, news racks located so u to cause an inconvenience or danger to persons using the public right-of-way and unsightly news racks located therein constitute a public nuisance ; and WHEREAS, the City Council recognii.es that the use of public right-of-way is historically associated with the sale and distnl,ution of newspapers and other publications and access to these areas should be regulated and protected; and WHEREAS, in order to provide the widest distribution of publications while at the same time protecting and enhanciq the public right-of-way, the creation and installation of newspaper corrals is in the public interest and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. City Council of the City of Englewood, Colorado, hereby amends Title 11, Chapter 7, of the Englewood Municipal Code 2000, by adding the following definitions to 11-7- 2 in alphabetical order : DEFINITIONS The fqUowjng words IP4 plJrws whGP used iP Jbis Chapter, lbeP haxs the followms rneriva wlw the 99PSUt 9Jhewise sladv in4iMW to the copqary, t.. Block · one Cll side of a streeJ bptweGP, gwg C2\ fPPIESYtixs io&sJr&tiAI IJSFII IL ' Bus stop· "'POI ghs MEI irnrnetielGIY lfliPPt tg MY magp;l bus stgp Such mt an he 11SP-fqot-uk a PBIPsl !A the roadway JJlFIIJIJF4 &pm Jhc curb or wtm Jher:c ii PP cyrb the r4se Pf the JMYSPPJ&s pl lbeP gm frpm IN JM IPR liP f'prty fess in the dirpctipp Sll!ANIS 1P ttas Gow of Riffle t • • L IL L .I. copulatjpp, apal _in excrptory fupctj9P1 jn r,gp'lCfSV!J W1 a4;179 rnem•pp or d bihjtiop of RWIAJs . . muturbatiop or kL e 'bed seHPI IFSM1Y cogdpct ii 4FPiGM:4 or dpqL " whpthq ppy of lbs aboxe )N;twea rnsrnJmg of the ems or mos oefWJPGd p1gpc; or PP4 eoirn,J• or 9Jhsr IF1I of )N;twea bnrneo, , opposjts Kl ~ . phwjcpl rowJuct wjth a Qffl9Q I seHPI rpuy1 myoJymg · apa1 regjon. BCMaJt . pybic haig PC!JPPR IPYI gr · w hoarding • fMTcl pl IPY Pl L · ghtntjJ stgp· lbs udpwalk . 4sW by the curb I . Jjghfpij MAR M plptfogp Nllf:PJS tp IPY r ppd fiAFFP fqet fipm the liPF I line PIJIUFI te Z. SV:; boagling pJagfqgp whjcheyer curb Uns or~ tptaJ """• fipm flxs cs> feet before the js BJPIF[ whpch IN Fib the boardjpg p)atfpgn bpardips plptf orm 19 five C~l fpet afte: JPGMWipg alAPB the cyrh lips Mwss; _. __ . cc gbe Citv MtDIRF gr 55IIBP_ . ==== box reor,;w · orcmn~-"' Ncwaock· apy Klf1S009F -:--used gr majqtpjngJ 1 W -. stilPFPICI rneDsJ ---IAABS umt SI gthg . fDCWIDIJHP W odJsr sJil1rihtmoo w ws o -lbs stimJax ppriodjcaJn . .. PenniMG; MY Dl!nO ':: · and D>lf PWDIDR 9 'FilOOPP"hls fw P!!!;=WI -- -. the right-of-way. I QCWIJlck m -- cntitv incluio, but PAI . or oenone SI ---=:-1::n Pcnon; IPYPFP9P__ iabTtveornpapy ~ -rim, limitpl ,~ .. --I• it...t to I 9YP!D ~-pm --· · or jojnt Yffiunc · cgrpggtgl IIIOOllhSIJ -·---YPPP . · . material SURUIPPI gr copyeymg I h P. torial meJSJeJ IPY -· t· 'ted to I phgtpgrap -•~:--pl . ludes but II not JPY_ -· -yi sµal JJDIRS . me pajgtjpg 9( dqwmg . ~ bo11ndvv )mg of titt width between~-·-Right-of-way · lbs ~ · and dcdicaggJ by lbs Cjty for m:oocnv pwped by the cux --·-- -ocdesttian Jaffis xshjsuJar or -. . . ved.. c1cs,mr4 or :V, pf I IRFI that II tmWP -Roadway· that nol1lo ---:---., =::i for vebkaaler traul or!JPIP.Y ~ --- 2 t .· ... .• • • M. ~ Seryig; of prpq;p will be Fr9R'PJGIG upgp D>Nlioe a copy of MY pqtia w mka: to the Pepqinrc hv £:Sliffr.d PMil DiDPP CF:SFitzt mePGIIASa and ndios tbs pqtice or ordG( via fpcsimile trppwipiiog J9 a fpcsimile upmber if one is prpyjdgl by the PermitJcc ~ SidewaJk WMPI IPY IWPfcG WPYided for the use gf pqlgtriw Strg;t TGIPI all Jhs VF1 s1eliasrd to public YK for public street RVIP2ISI and wll jpclpdp but not be Jjmitpd to. roadways tme-Jawps apd sifkwaJka Jme:lawn mere Jhe IJCI JletwCSiP daF sistswalk IP4 Jbe qgb of IPY stg;et, and wJm Jim is PP sjdpwalk. the VB between the edge pf the roadway apd Jbs prppc;rty JiaF e4ilff!ll tbn;te Trss: lawn men w ipcludp MY ve withip a roadway Jhat w pot PPSP tp xsbieuJar bJYSJ Section 2 , City Council of the City of Englewood, Colorado, hereby amends Tide 11, Chapter 7, of the Englewood Municipal Code 2000, by adding a new Section 26 to read as follows : PilPP§i&iPP o(Nswsr,r,ks HF»'.RWiP Rimi iP the right-of-way wll lzs jn l9ll'WMS wjtb tbs fpllowjg llPffllbgp· Np PFY<IPNik ebtll 15 rfml ip IP va ghat wpuld sens a yigfatioo of the IPPlisebJs HFSY eiJsie M set f9Gb ip Jhil cqdc; W whas 0¥; IYfil!Ns IPIFG fW QFWS @Cks bp W F!hlnScd IL Whqe PD1JIEk F:9!INI IR prpyidpd SK mguitpl M PIO Pf I roovnbmaixs lmESranios 4aio fil: e wvtie1Jec hklrnk w 8Jr5Cl coqidor Di rnnW of mrql mr:n auileb!s NP djcW5 how many PfflJICP """ be allowed op IPY PPS block. Them !bell be oply PPS PSWfPGl6 PS pubf ifrltiM PS comp.I 9P e,ch udc of tbs street. ~ NE»'R'ISP abell ppt be sbtjppt bolle\ w othswiK tUIGbsl IP apy qee or NJY flxtws knsa! in the riPt:Pf·wax All boJg M4 prptusjops shall be rgpgyed fgpm the right-pf-way whsP the ru;wsrw;k ii moygl 51' rpppypd, AJI owru;o pf P01J¥P ""'' be mem•ibJs rw: tbs rneiosmes IP4 ,mtsrm e(Jhcir PEY<DfcR 4PY PD'IJICk foypd PAS 19 M in smmlieoos ""'' bs mhWil IA rpppya1 uods: CJ 1-2-1m fnoslswoofl Hlwml Coos 2000 3 ,, ' '. . ,., • • Section 3, City Council oftbe City of Englewood, Colorado, hereby amends Tide 11, Chapter 7, of the Englewood Municipal Code 2000, by adding a new Section 27 to read u follows: Pp;mjgjps ofpggJq It ebell hp yplgful f'pr MY WRAP tp pp;t, RltrF rneintpip 9( 9PSIMFn 5111 mNk IIPFI W eiknela 51 ip PY odn: ,,Nis Yc'IY SI' WISS PY PDIIIFk nbef Qgt otmrriu I RPN Oma lhp Cjgy Mwss W 4eiBPFP IRSPMPB IN kntim 0f lYfda llCWIPff 9M ppmit may hp imrl Je jpclydp PY DlPPR of,.,,,.,. pd ebell hp eirrl hy lhp ID9tiePS A gpmit ebelt hp emkkm4 NIIPYl4 Klhs Cjgy eke III IFlim Jddrip ,a om l'IWPs v Nasifisekm r mfinl SPliJ mvrn DPiPS m:c:ne::t She& JlaA mllrNkm ii Was mmrr:1 ebeP hp rmi:W ::rrtier" e RYJP9IFI gf thj• llillilkm. All PmPFP ebeJI fPMpjp I lifts 9( odn: PY'1bP1 o( jpfWJPetiqp mnci4iPB IN Dims ,4dq;p pd wa+ms mmabe: of JlaA gwn er gflhp PS!'BH, Section 4. City Council oftbe City of Englewood, Colorado, bereby amends Tide 11, Chapter 7, Englewood Municipal Code 2000, by addina a new Section 28 to read u follows: Prjgrity of PIDPlSllS o(Nppacb ThF Cjgy ebel! HK Ole {qllpwjp,r gjtpia ip dn!nrnjpjps whpp pggJq wiQ he ,mpiUR1 C IPY --. 4. 4 PPWIIEE k ii iv Pin will MYS g;jqrity lP a knlkm if Jlap kesim-Jlap .. Rlltii+r! ip thjp Titlf-"' .,,..., .. ;, jg Pin.·-thjp Qrerr;, rrrl!d _ n• hp mqypL it ebeP HD P FHPSRS g;jqrity • JlaA ,-pg 1AaliAII. a. §mm' g;jqrity WII hp mew PFDEP PJP!ljpjps gpbfizticw ntfin1 daily 9( 1iYS CS) 9( RPI 4m P9' WW IP4 """4 ¥>YIPFP k Pl'Wn nabWe mtiiPSime c. Dinl prigrity ell hp Bh'.rll Je PCWBEP emjgjgs wbliFltim! mPbliM! IP cu Je fcp w 4m w W'PFilE 12. fqmth prigrity ebell hp PYPI IA PCDIRF:P eminins m1Nietim1 mNiM! lse ftmlmdx "'91Dl0 I JKSFk, ~ If a 'NNietim hp IP llCWIPff ml!d II EY IP k5ftim jg may wa!Y hp PIISPiPIII • eorme1 lll'PIFk + ,U odn: mPbliPSime MD hpp SIIPYPld fw lMllffl q(dpif NebnstsPPb It '1lrftim" mme IP,.,,,,.,. kre!rS 511 II ems'* 0f JlaA IIPFI iP lhs ems Host E. WJm I MWl'R em! ii hpjps drr1 J1aA prigrity k lhp IN of yh em! ebeP bE e. M jg thie RPbrstisr 4 Section S. City Council oftbe City of Englewood, Colorado, hereby amends Title 11, Chapter 7, Englewood Municipal Code 2000, by adding a new Section 29 to read as follows: 11 · z-22 · frobiwtiops on lbs r11£FOGD& gfNcuJacka All Pm11EP Pim iP whole or in part op apy portipp of lbs rishJ-qf-wax w wbicb WPS gptg gr gyq IPY part of the right-of-way shaJI be Plnra1 in errordere; wiJh du; foUgwips prpYifj991· Jg shall he YPlawfuJ rw any PO'RJGIE gr QGWpck corral to he vlasesL iPllfllgL W YK4 9f PJlippjppd in the fpllgwipg rn,ppm:; .1. z. Withip two C2l feel of the cyrh facs gr PIYSOlGOt r4sc ofux ~ Wjthjp three m feet of any uw:ks4 ur4Glttie gpywaJk.i Wjthjp ffxs cs> re pf MY fire bydpp&, fire can box 00Jics can bola 9( any odp; Ci'PGCRGP6Y (w;;jljty· On w moo of a rrdGlttie vme gmp for dieblM Within fixe CS) feet of IPY pf tho fpllgwips· PfHkjpp JPGIF[ ppm traffic BJPIDll sabiPS4 bjfjycJs M1siPs wke Jhs FPPPfcF tp 'llbiis gpjt 1bsJm-JNblis JFlmbmG GPEl!illJB'& JEiopk• SN FPPPfcF lP tkk;walk care tnw,m vme JNbJic wcm of art. FY J11PAP Pf I driys;wg SI DEi" Op IPY gqrtiog Pf I DE BEll5 JPtPbok MYS JPGIFt yd/gr WYF box MYS ypgt SZXCI fog t1Pf1mrmw¥1 ytiJitip gr PP MY BBPilF gr other dermtixs likilnPF wjghput ,m;jal agppya1 or the Citv Mevm: w fklilPCI Within I dpiwfA1 )WI gr lilJbnil MAP OutaislF or adjppg go a Pm com1 whc;re com11 ve prpyjdqd · On lnod,sapfid FM or MY 12flti90 wm tbcm ;, PP E9PBSIS gad. In whqJe or in PIO mm UD9P, in w PYe: IPY public 8i4svJk gr parpQ wha H:b irlllllWm HF w DMfflSSOl'Pi mdersm the pf qty of PCiPAPI 9( pmpc;rty Section 61 City Council for the City of Englewood, Colorado, hereby amends Title 11, Chapter 7, Englewood Municipal Code 2000, by addina a new Section 30, to read• follows: ~ PrphibitiPP PP display ef g;rtaip 'Dtl!!itlt PuNiseoore eff'WF4 for• or disUibutioo &pm NewmsP 12ffsa1 PP gr J1Pipcthyr exa JNblis JIPPFdY IMP PAI IF .s •• ' • • • disolaxM or exhibitgl in a maoos thag FIPPKI J9 public view fipm the stn;s;t or sidewalk IPY of the; follpwips· 1, Any llf1mDGPSI or wqnla dcNzihins C!Plicit Klual ¥11, KIIW 9P1P1 or exsmrnmt whsc ,w;h flSGPlGPP w wprds have u thSW PWWK gr effect Klual aroypl w g§setjgp· 2 Any oictgrial RNMsie) denictips a PFP9P ·, meal, public hair PCPPEYPb IPV3 w pal regigp· w 3 Anv ictpriaJ RNMsie) 4CPictins wlisit KIHN acts Section 7. City Council for the City of Englewood, Colorado, hereby amends Title 11, Chapter 7, Englewood Municipal Code 2000, by adding a new Section 31 to read as follows: ll;2;.ll: Bsoow o{DFl"BIEkf Apy PFDIFk r9YP4 iR yigJtlim o{this KGSi00 i1 svhiRFS Jo removaJ by emvJoxw gfthe city °CfrusJD994 mw the follgwjng KHicJFliPGI : D. A thjrty qm 4tx pptice °CxioJMi2P M hs FYF4 flllliWDl with mypkig KDisi ef mrm !PIP JhF ene: pf Jhc PD'l'Ha §aid PAtiFcS IMP • fqrth Jhc mtlime pd JNyig !Ill AMR 19 c;pnp;t ths; prpbJep by hripsips Jhs PFWB¥k jptp mmliNRI w by rppgya1 of Jhs QCWIPNik, Ip Jhs SYPM IN& JbF 9lNW IN P9S 9IIP1P! the mbJpp pg rpppyed pg Pl!YF lbc Mr1A tlac Citv may M lc PIP'S pf tbp 9WPC1 rpppys; the PFWB¥k pd pJeee Jk PFDIFk pd jtp F9P!FRJI jn IAPBF, Ip SN SYPM IN& I PFDl6k qbtJructp the ris!ff(-way 9l 1PY liskvJk. IP'SFS pg otbm: Mlis DY the City phaJJ pgtify JbF 9fflR pf Jhs ppwp;.k mrnnnns k lbs ene: JPPAYF m PD'S OF PD1AFk In the FYSPI Jbat 1k 9WJF dgg pgt JPPAYF gr PD'S the PD'l'Ha IP4 UP511 thirty (39l daxa G!nMs fgp 1M inilW ,wtiss, the Citv mav rpppys; yid PD'l'Ha Jf pgt sJeimJ widup thjrty C30l 41n it ia 4smPc4 gppqty of Jk City Section 81 City Council for the City of Englewood, Colorado, hereby amends Title 11, Cha pter 3, Englewood Municipal Code 2000, by amending Section 3, Sublection B, to read u follows : 11-3-3 : Obstructions and Harmful Substanccl , A . Maleriala, except as Olbcrwilc provided in this Code . It lball be unlawful for any per.-to obl1nact a meet, lidcwalt or pltlr with any debris, lumber, aand, pavel. dirt, abmdoaed OF wrecbd aulomobila OF 6 t .· • • 8. D 0 other material of substance, without first obtaining written permission from the City . Such permit may be granted only where the obstruction is necessary for the construction, alteration or repair of the adjoining property, and such permitted obstruction shall be limited to as short a time as is reasonably possible. Each day that such an unlawful obstruction is permitted to exist shall constitute a separate and distinct offense. Merchandise. It shall be unlawful for any pcnon to erect any booth or stand for the display of any merchandise for advertising on any sidewalk of the streets of the City or to place or allow to be placed any signs or display boards or any other obstructions on any of the sidewalks or streets oftbc City; provided, however, that nothing in this subsection shall prevent the receiving or delivering of gooda, wares or merchandise, provided that no obstructions of sidewalks or streets for this purpose shall be of longer duration than is absolutely necessary for such receiving or delivery;.....,. sales pursuant to a public sidewalk sale as that term is defined in E.M.C. Title 16 91 a pgmittpd PF»'.IPIEIE nlm in Sir9PJPlitPNi wiJh thi1 Title Section 9. Safety Clauses. The City Council hereby finds, dctcnnincs, 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 bcaltb and safety and for the proccction of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation to the proper legislative object sought to be obtained. Sectjop 10. Sevcrability. If any clause, sentence, parqraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any rcuoo be adjudged by a court pf 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 11, Inconsistent QrdiMPf:!il, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby rq,caled to the extent of such inconsistency or conflict. Section 12 . Effect o{repeal or modjfication, The repeal or modification of any provision of the Cote of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provisioil, and each provision shall be treated and held as still remaining in force for the purposes of SUllaining any and all proper actions, suits , proceedings, and prosecutions for the enforcement oftbc 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, proccwlinp, or prosecutions. Section 13 , ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every vi olation of this Ordinance. Introduced, read in full, and passed on fint reading on the 15th day of September, 2003 . 7 t .. .. .. • • Published as a Bill for an Ordinanc:c OD the 19th day of September, 2003. Beverly J. Bradshaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City aertt for die City of Englewood, Colorado, hereby certify that the above and foreaoina ii a true copy of a Bill for ID Ordinance, introduc:ed, rad in full, and passed OD first reading on tbc ts• day ofSep«ember, 2003. Loucriabia A. Ellis a --· Date September 1 S, 2003 INITIATED BY COUNCIL COMMUNICATION Agenda Item STAFF SOURCE: Subject Beneficial Use 1 year Ryder Lease Extension L/E WWTP Supervisory Committee Stu Fonda, Utilities Director Jim Tallent, Operations Division Manager/WWTP COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Over-the-road tractors are used to transport wastewater biosoHds to application sites in eastem Arapahoe County. In 1990, Council approved a 5 year lease for over-the-road tractors from Ryder Truck Rental, Inc. In 1996, the lease was extended for another 7 years and the original vehicles were replaced with new units. This lease expired in August 2003 . RECOMMENDED ACTION lease for one year. The , The action recommended is to approv total amount of this extension will be a operating budget 2,000 and Is currently approved in the L/E WWfP BACKGROUND, ANALYSIS, AND ALTERNATIVES IDlENTIFIED Leasing over-the-road tractors has been the practice of the L/E WWTP for many years. This short-term extension will result in a lower monthly lease charge of approximately $450/month over the current charges. During this lease extension, bid specifications will be developed for replacement of the over-the- road tractors . This will allow sufficient time for bid preparation, solicitation, council approval, lease agree ments and equipment ordering. FINANCIAL IMPACT This expense is currently in the approved operating budget and the Cities of Englewood and Littleton will share th e cost of this expenditure 50/50. LIST Of ATTACHMENTS 1. Original lease with Ryder Truck Rental, Inc. 2. Lease extension contracts for each over-the-road tractor .. ' .. • • ·~YDER SCHEDULE A TO TRUCK LEASE AND SERVICE AGREEMENT • . . . . SCHEDULE NO._.. ______ --'- PAGE ..1_ of _i_ LEASE DA TED APRU,, 12 119Q between Ryder Truck Rental, Inc. (Ryder) and THE CITY Of ENGLEWOOD (Customer) )CATION NAME __DEMlERIA ... •nt Rt -.... h v~h,cle D.1111 ol Term V£ttlCLE DESCRIPTION llu.GCW Orig. Dep,wc:. Ealimalad Flud ........ IWrig. Numi...r Otilive,y In GVW. Value Annual Charge Raia llalnt. Y•-andlar llonlh .... Per Per Ru LINnNd Amount llonlh ..... Per (11 (21 (31 Wllghl Hour (7) Ill ,., (10) (11) (12) (UI v-&1111u llodel&Trpe ............ , .. , Ill ,., 562036 7/30/96 7.0 1• FLD120l48T 1FUYDCYB6TP8-.... '71,471 -· 30,000 $1341.DO $.017 NIA FRTL 59046 '.>o l04Z 8/7/96 7.0 1HI FLD120l48T 1FUYDCYB1TP8-.... '11,471 MM.00 .... S1341.DO $.817 NIA FRTL 59052 5&4n5 utn/96 7.0 1HI FLD120M8T 1FUYDCYB9TP8-ll,000 179."71 MM.GO .... S1MI.OI S.Ol7 NIA FRTL 01500 CUSTOME R IS TAX EXEMPTFROIIALL STATE AND FEDERAL TAXES." IT IS MUTUALLY AGREED THAT SU8STITUTE VEHICLU ARE NOT INCLUDED .. THI A80WI IIIATL • FEDE RAL EXCISE TAX HAS BEEN EXCLUDED FROM THE ORIGINAL VALUE DUE TO CUITCW I l!Jlllatl ITAlUI." t • 'mIS J\GREEMEllT is made this I~ day of ~p,<.,J.. , 1990, between RYDER TRtx:K RENTAL, INC. (Ryder), and THE CITY OF ~mo (cu.starer), whose address is 3400 Sout.'1 Elati Street, Englewood, Coloraoo 80110. A. Ryder agrees to lease to Custaner and Custaner agrees to lease £ran Ryder the Vehicles on SChedule A hereafter made a part of this Agreeraeut (Vehicle(s)). Execution of Schedule A constitutes Custaner's authorization to Ryder to acquire the Vehicles selected by Custcmer. 'l!le ;,greemeut will becane effective with respect to each Vehicle on the date tendered by Ryder and continue for die term specified on Sdiedule A unless terminated earlier as provided in this !\greelaeut. B. Acceptance of Vehicles in service constitutes Custaner's acknowledgnent of caipliance with Custcmer•s specifications. Custaner agrees to pay for any structural alterations ( not to be made without Ryder's prior written consent), special equip:nent, or material alteration in painting, lettering or art work thereafter required by CUstater. In the event that, subsequent to the date of execution of this J\greeuelrt by Ryder, any federal, state or local law, ordinance, or regulation requires the installation of any additional equip:nent, Custcmer will be responsible for all costs including installation expenses. Ryder agrees to eit.~ install or arrange for such installation and _CUstarer agrees to pay Ryder the full cost. C. t'lhere a Vehicle is q;>erated by Custcmer with a trailer or other equi?11ent not included on Schedule A, or not maintained by Ryder under a separate agreerrent, CUstaier agrees that such trailer and/or equipnent will be in good operating condition. Notwithstanding any other provision of this Agreenent, Custacer will indemnify and hold Ryder hamless fran any claim or loss or damage caused by such trailer and/or equip:nent. D. City shall retain cr..mership of t.."le following items: L City radio and antenna. 2. P.T.O equi:i;xnent and assenDlies. · 2. ~Cfi <J! VEEICLES: J\.. The Vehicles will be used and operated by Custer.er au.y in the normal and ordinary course of Custaner's business, not in violation of any laws or regulatio:i.s (including legal weight and size limits) and Custaner will indemnify and hold Ryder harmless fran any claim or loss or damage arising out of any such violation. -l - ' ..• • • B. A.t t.t}e enc! of t.'le lease tent: tlle Cit') of Englewcod has t.'le following options to oeit.'ler continue tc lease on a year to yeax basis, i:f mutually agreee ~ by bot.'1 ?arties; to purchase t.t}e equir,rrent in accorclance to Paragrap.'l 10 C; or to return t.'le vehicle to Ryder's facility specified on schedule A. A. Ryder agrees to provide at its sole cost: (1) :::..ubricants, tires, tubes and all other operating supplies necessary for the Vehicles; (2) Maintenance and repairs including all labor and parts required. to keep the Vehicles in good operating condition; (3) Painting and lettering at the tinl! the Vehicles are placed into service; (4) Exterior washings; and (5) Read service for mechanical or tire failure. B. Custa:er agrees t.'lat ally Ryder or parties authorized by Ryder will make any repairs or adjustnents to Vehicles. When repairs are necessary, eustaner will notify Ryder immdiately. Ryder will not be responsible for the cost of repairs or services not expressly authorized by Ryder. Custaner llllSt S\bn.it acceptable vouchers for such repairs or services. c. ordinary service and maintenance .intervals shall be set for r,yery 8,000 miles or three m:mths, 1'bichever canes first. 4. POl!L: A. When Ryder is designated on the Schedule A: 1. Ryder will provide fuel for Vehicles fran its own or other designated facilities. flie charge for fuel will vary over time and be billed to Custa:er in addition to the other charges provided for en applicable Schecule A. 2. If Custa:er pll'Chases fuel fran sources other than Ryder's facilities or other designated facilities, CUstaner will be responsible for the charges for all such fuel. 3. Ryder will, where permitted by law, apply for fuel tax peDlli.ts, prepare and file fuel tax returns, and pay the taxes inposed upon the purchase and consurrption of fuel by CUstarer provided: (a) (b) custcr.er provides Ryder weekJ.y with all doclD!!lltation necessary to prepare t.'le fuel tax returns and will reilrburse Ryder for all charges incurred or credits disallowed as a result of untimely or .inprcper furnishing of such docunents, and Custaner will reirtburse Ryder all such fuel taxes paid on CUstaner•s behalf in excess of thcae which would haw been payable had the fuel consl.Ded been PJXChued in the state of consutption. -2 - -- B. Ryder agrees to supply CUstorrer wit..'1 fuel on all of the leased ve"licles or vehicles rented £ran Ryder at R":der's cost, which cost will include: 1. the cost of fuel !ran Rycle='s distributors (including all administrative handling charges), 2. all applicable taxes, 3. Ryder• s then current applicable interdistrict p!llll)ing c."larges, 4. an environmental reserve charge that may vary over time, S. freight delivery charges, and 6. the cost of necessary fuel additives. 5. LICl!NSES: A. Rycer agrees to pay for t."ie state m:itor vehicle license for the licensed weight shown on Schedule A, personal property taxes and Vehicle inspection fees for each Vehicle in the state of d::micile, and Federal Heavy Vehicle Use Tax, all at the rates and met.'lod of assessnent in effect on the date of execution of each Schedule A. Custaner will be responsible for increases or changes in assessment of these items t-.r..ereafter. B. Where legal, Ryder will apply for vehicle licenses and prorate or state reciprocity plates at Custaner • s request and cost. c. All paper work necessary for vehicle operation (registration, inspections, license, operation manuals, etc.) will be provided to the CUstomer upon delivery of those items on Schedule A and maintained by Ryder through the Lease. o. Cit:".f of Englewood shall not be responsible for those items to which its tax exen;,t status apj;>lies, but agrees to pay for all items in accordance with Paragraph 8 C. 6. DRIVERS: A. customer agrees that each Vehicle will only be operated by a properly license d driver, at least 18, who is the errployee or agent of Custaner, subj ect to customer's exclusive direction and control, and that Vehicles will not be operated by a driver in possession of or under the influence of alcohol or any drug which may illpair the driver's ability. CUstarer agrees to =e imburse R"tder in full for loss or damage to Vehicles, including related e xpenses, if Vehicles are operated by drivers under 18. Upon receipt of a wr i tten COin?laint fran Ryder specifying any reckless, careless or abusive h and ling o f a Vehicle or any ot."ler in~ence by or of any driver, and r e aue stina the driver's rem:ival as an operator of Vehicles, Custaner will i.I!rediat e i y rem::,ve such individual as a criver of Vehicles. In the Event that CUst orrer fai ls t o do so, or is prevented £ran so ooing by any agreeme11t with -3 - ' .. • • a,yone on t."le driver's behal::: (1) CUstane= will, not\ri.~anding any o+-..her ?r e visions of this Agreemmt, reinburse Ryder in full for arry loss and expense sus~ained !Jy Ryder for damage to art'! Vehicle when being cperatec. by suc."l. indi-,;idual and CustOl!er. ( 2 l Ryder may at its election and at any tllll! t."lereafter upon 30 da-j'S notice to CU.staner, teminate any Liability Insu.."cUlee covera~ extended by Ryder, anc! may, at its election, with respect to each Vehicle, increase t.'ie am:>Unt of CUstcmer' s physical damage responsibility to an airount equal to t.~e agreed value calculated in accordance with Paragraph lOC as of the tine of damage or loss. B. Ryder agrees, at CUstaler's request, to assist Custaaer in developing a driver education and safet"J program. c. CUstater agrees that the Vehicles will not be q>erated in a reckless or abusive manner, or off an iirproved road, or at a flat tire, or inprcperly loaded, or loaded beyond the manufacturer's recamended lllllXi1'lun gross weight, or to transport any J:.4.operty or material deeaecl extra hazardous by reason of being poisonous, inflanmal:lle, explosive, or fissia\able. Notwit."lstanding my other provision of this Al;reement, and irrespective of which party is responsillle for physical damage to Vehicles, CUstaler agrees to reimlurse Ryder in full for damage to any Vehicle, including expenses, resulting fran a violation of this provision. CUstcner will be responsillle for all l!llpenSeS of towing any mired Vehicle when not in Ryder's possession or ai Ryder's premises. 7. amRGES: A. CUstcner agrees to pay Ryder for all charges within 10 days of the date of the Ryder's invoice without deduction or aetoff. thless Ryder is notified that any charge is incorrect within 180 days of the date of any invoice, that invoice will be conclusively presuned to be correct. B. Mileage will be detennined fran ocrJll!ter readings. U the odaneter fails to function, CUstarer will imlediately report it to Ryder. 'lbe mileage for the period in which the failure existed may then be determined at Ryder's option fran (1) Custaner's trip records; or (2) the amount of fuel c::ons\D8d and the miles per gallon record of Ryder averaged for the previous 30 days. C. Clli:."'1:0l!er agrees to pratl'llY provide Ryder with current financial statements and ot.ller fi.11ancial information as requested. A . The charges in this .Agreement are based on Ryder' s current cost of l abor, parts, and supplies, These costs may fluctuate after the date of e.xecution of this Agreement. CUstaner agrees that for each rise or fall of l"/. in the Revised Consurrer Price Index for Urban l'lage :earners and Clerical Workers (1967 base period, publishec by U.S. Bureau of Labor Statistics), above or below the base index figure on Sc.'iedule A, charges for each Vehicle will be adj usted upward o r downward as follows: -4 - t • • 1% of 501. of the Fixec: C-.arge and l"k cf 100 "I. of the mileage Rate 1% of 601. of the Mileage Rate ( including Mileage Guaranty) for Hileage only Rated Vehicles l"k of 1001. of the hourly charge (ref:'ige:ration equiJ;IO!l'lt only) Prior to adjustment written notice will be sent tc the City and a review session shall be condlx:ted between t."le City and Ryder prior to inplementation of adjustm!nts. B. .A.djust:ments will be based on the original charges stated an Schedule A and be effective ai the first day of January and July baaed an the latest index ?J})lished prior to such effective date. If the Revised Consmer Price Index for urban Wage Earners and Clerical Workers is discontinued, another nutuall.y acceptable cost adjustment index will be chosen. c. CUStaner agrees to pay for: 1. Any sales, use, gross receipts or similar tax now or hereafter i.q,osed upon the use of the Vehicle or ai the rental or other charges accruing hereunder; 2. Any increase in license or registration fees, Federal Heavy Vehicle Use Taxes, vehicle inspection fees, fuel tax peillli ts, and personal property tax; or 3. Any new or add! tional tax or gcverrmmta1 fees, ackipted after the date of the execution of the applicable Schedule A. o. However, Custaner shall not be responsible for those items to which its tax exerrpt status applies. A. Liabilitv Insurance Responsibility. 1. A standard policy of autanobile liability insurance (herea..~ Liability Insurance) with limits specified on each SChedule A will be fumished and maintained by t."'le party designated on Sc.'ledule A at its sole cost, written by a carpany satisfactory to Ryder. Such policy will provide that the coverage is primary and not additiooal or excess coverage over insurance otherwise available to either party ~d that it cannot be can=eled or materiall~· altered without 30 days prior written notice to both parties. '!be party designated will furnis.'l to the other certificates to evidence CClll)lianc:e with the provision. .. ' .. • • 2. tJ?c)n riot less thar. 30 days prior ~itten rxr.:ice to CUstarer, ~d~ may te1:Illinate Liabili-ty Insurance coverage maintained by R°fder and CUstClll!!r will be obligated tc prOC"ure and maintain Liabili t"i Insurance in the limits set forth on Scht.dule A as of the effective date of termination and the c."larges will be adjusted accordingly. 3 • Ryder will, wher!! required and legal I at CUstcmer IS request I file evidence of autcllcbile liability insurance required by federal or state governlll!ntal authorities when Ryder is designated as responsible for Liability Insurance. B. Physical Damaae Responsibility: '1!1e party designated on Schedule A will pay for loss or damage of any vehicle subject to t.'ie following: 1. \'ihen Ryder is designated: a. Ryder will assme and pay for all loss ( including theft) or damage to each vehicle in elCCeSS of the deductible am::iunt specified on Schedule A BID!PI' (1) any willful dmage to the vehicle, s;,ecifically including but not limited to damage arising out of ar in connection with any labor dispute to '4lich custamr is a party; (2) conversion of any vehicle by an agent of eq,loyee of custc::mer; and (3) the loss of tools, tarpaulins, accessories, spare tires and other such ~. eustcmer agrees to pay up to the am:JUnt specified on Schedule A for loss ( including theft) or damage to each vehicle, including related expenses, frail each occurrence and will pay for all loss (including theft) or damage to any vehicle resulting frail any perils specifically excepted in this Paragraph. b. upon not less than 30 days prior written notice to eustaner, Ryder may designate Custaler as responsible for all physical damage to vehicles. In such event, CUstaner will be obligated to procure and lllllintain c:aiplete physical damage insurance coverage reasalably acceptable to Ryder• Ryder IS charges to Custaner will be decreased to reflect the change in designation of the responsibilit"i for physical damage. ~ CUstaner is obligated to procure and maintain physical canage insurance coverage and fails to a:, so, or fails to prm;,tly furnish Ryder with ca1plete certificates evic'encing such coverage, CUstaaer agrees to pay Ryder for all loss (including theft) or damage to tmy ve.'ti.cle or substitute vehicle pursuant to Paragraph 9 B(2)a. -6 - a. CustCl!!'er will ::>e responsible am! pay for all loss (including theft) or damage to any vehicle or substitute vehicle , including related e-,q:ienses. Cust:aner' s liability for any vP..hicle will not exceed the purchase price for the vehicle carputed accorc!ing to Paragraph lOC at the time of such loss or damage. l:>. Custaner agrees to furnis.'1 Ryder with evidence of physical damage insurance coverage reasonably acceptable to Ryder with Ryder listed as a Mlted insured or endorsed as a loss !)c!IYee. c. Notice of Accident: Custa:er agrees to imlediately notify Ryder of any accident, collision, loss (including t.'left), or damage involving a Vehicle or substitute vehicle; to cause the driver to make a detailed report in person at Ryder's office as soon as practicable; and to render all other assistance reasonably requested by Rye.er and t.~ insurer in the investigation, defense, or prosecution of any claims or suits. D. ~ Insurance Responsibility: Ryder will have no liability for loss of or damage to any goods or other property in or carried on any Vehicle or substitute vehicle. CUstater will only carry in the trailer attached to the vehicle ronhazardous waste. E. Ve.'licle 'llleft or Destruction: If a Vehicle is lost or stolen and remains so for 30 days after Ryder has been notified, the lease as to such Vehicle will then teminate provided all charges for the Vehicle have been paid to that date. Ryder will not be obligated to provide a substitute vehicle during this 30 day period. If a Vehicle is, in Ryder's cpinion, damaged beyond repair, Ryder will notify CUstO!!P..r within 30 days after Ryder had been advised of the loss. Upon receipt of Rye.er' s notice that the Vehicle has been damaged beyond repair, provided all charges for the Vehicle have been paid, the lease as to such Vehicle will then terminate. 1 0. ~CE: A. Eit.'1er p arty may terminate the l e ase of any vehicle prior to expiraticn of its t erm at any time after U ItOnths of the Date of Delivery of the vehicle indicated on the Scl'ledltle A by giving to the other party at least 60 days prior wri tten notice. If termination is effected by Ryder, Custa.er will h ave t.'le right, but not the obligation, to purchase in accordance with Pc>.ragraph lOC all vehicles wit.Joi respect to which termination notice has been given on the ~ermination d ate (s). -7 - t .,-. .. .. • • --·., B. In the event cust omer te!ll'.inates '::he :.ease before the expiration c.ate, cne of the following nethods of disposal s.'1all be conducted in the best int erests of t."le City: l. Purchase of equi~t at depreciated Schedule A value, in accordance wit.l'i Paragraph lOC. 2. Ryder s."lall sell equii:rnent on the City's behalf with the eustorer being responsible for cost difference between depreciated value (Schedule A) and the sale price. 3. Pay three 11lJllths fixed lease rate to prepare Vehicle for sale and selling price or re-lease. c. In the event Custaner shall purchase q Vehicle pursuant to Paragraph 10 A and 10 B, CUstaner agrees to purchase each such Vehicle for cash within the time provided for in this Agreenent for its Original Value as s.'lown on Schedule A, less t.'le total depreciation which has accrued for such Vehicle in accordance with Schedule A. .Additionally, CUstaner agrees to pay Ryder for the anount of any unexpired licenses, ai:plicable taxes, including personal property taxes and other prepaid expenses previously paid by Ryder for the Vehicles prorated to t.'ie date of sale and will be responsible for any sales or use tax arising fran the purc.'lase; however it shall not be responsible for any am:runt to \.mich its tax exeapt status ~lies. CUstaler will have no obligation to purchase any Vehicle as to which the tenn on Schedule A has e::pired. 'lhls Agreer.ent will be binding on the parties hereto, their successors, legal representatives and assigns. Custaier agrees to praiptly notify Ryder in writing prior to all substantial changes in ownership or my material disposition of the assets of Custarer•s business. CUstater does not have the ri,t-lt to sublease any of the Ve.'ti.cles, nor to assign this .Agreement or any interest therein without Ryder's prior written consent, "'1ich consent will not be unreasonably withheld, and any att~t to do so will be void. 12. FrnCE M11.JFDRE: Ryder will incur no liability to CUstaner for failure to supply any Vehicle , provide a substitute vehicle, repair any disabled Vehicle, or provide fuel for Vehicles , if prevented by a national emergency, wars, riots, fires, labor disputes, federal, state, or local laws, rules, regulations, shortages ( local or national) , or fuel allocation programs, or any other cause beyond Ryder's control whether existing now or hereafter. Not withstanding Ryder's i.rlabili ty to perform u..rtder these conditions, CUstater' s ooligations hereunder 1·1ill abate after si:ct:y ( 60) days and will resurre when Ryder is again able to perform artd will continue through the end of t..l'iis .Agreement period. -8 - ' .. .. • • lJ . t:amRAL : ~ices ;,rovided for herein will be in writing anc. mailed to the parti9s at their respective acldresses set fort.~ above. 1hi.s J\greeml!l1t will not be binding on Ryder until executed by a person duly authorized and will then constitute the entire agreement and imderstanding between the parties concerning the Vehicles, notwithstancing any previous writings or oral undertakings, and its tei:ms will not be altered by any oral agreeneut ar infomal writing, nor by failure to insist upon perfaz:mance, or failure to exercise any rights or privileges, but alterations, additions, or changes in this Agreement will only be accaiplished by written endcrseneuts, 1!11118l'lc!ments, or additional. Schedules A to this Ag:reenent executed by both parties. Date: ~.t:..,t-~~"'-=:;.+--++.f-H-f-+t1111+-b Witness: 1 ------l,_.l~~~IHN'" -9 - [B)RYDIR TRUCK RENT AL, INC. • SCHEDULE NO. __ .;.,1 _____ _ PAGE 1 of __ l ___ _ SCHEDULE A TO TRUCK LEASE AND SERVICE AGREEMENT LEASEDATED Aprill.2 1 1990 between Ryder Truck Rental, Inc. (Ryder) and _ .. Thf-. ... c .. 1 .. n.._.o._f_.1p_,.,1, .. won,_4 ___________ (Customer) LOCATION NAME D IIDIE /B li:XAII , .. 1111: I'. 81'. I'. Rr h TERM VIIIICI.I DISCIIIPTIOII MAX.GCW OIIIGlfW. DlflK. ESTIMATED FIXED • MILEAGE REFRIG . VEHICLE DATEOf GVWancllor VALUE MONTH ANNUA&. OIAIIGE RATE MAINT . NO . IN YR . IMAKE MODEL I TYPE SERIAi. NUMIEII "'=r AMOUNT ~ ~TH PEIIMILE RATE DELIVERY YRS . PER (I) (2) (31 (4) (51 (61 m (I) (91 (10, (11) (UI "RM" 4431461{ 10/3/90 5,0 1 90 Na, , Intl, 1820 I 1HSBGGUIINll3320-80,000 .64,079, ~S60,1Cl 30,000 U466,00 •• 075 N/A Tand, • Axle Conve tional Tractor 39 4431471{ 10/31/9( 5,0 '90 Na, • Intl. 1820 I 1HSBGGUUlll3320- Tand, • Axle Conve etional Tractor 40 80,000 '64,079, ~560.10 30,000 U466.00 •• 07S N/A . 4431481{ 10/22/9( 5.0 '90 Na, , Intl, 1820 t 1HSHGGUl811113320-80,000 .64,079, '560.10 30,000 U466.oo •• 075 N/A Tandi • Axle Conva etional Tractor 41 CuatOIM r ia Tu Exe !qlt froa all State IIDd radar• 11 Tues .. ·' .... ,,• - ,. •' ' . 9 -SH ( I0/17) 1Aoa.a1o11-u. 0 ~Ryder ·• • • TRUCK LEASE & SERVICE AGREEMENT (TLSA) SCHEDULE A Custo-r (~) Name: Catoaer V•icJe Domicile: 1-Naaber: CITY OF ENGLEWOOD ~ ENGLEWOOD. CO 7058 Ryder Service Locatloa Number & Name: ScHdaleNo. Tl.SA Date: 3321 Denver. 155 Denver-Brvanr Srrcct DEN2003-0I I Sclledule A Dan: July I 0th. 2003 Anril 12th. 1990 I.~ Vehicle Information Ryder I Cusiomer I Deof I I Replaces Ryder Unit No. Unit No . Deliverv Serial Number Unit No. I. 562036 I I 08/01/03 I IFUYDCYB6Tn59046 I 2. WH Jeau; The followina tenns shall apply to each V ebicle listed on this Schedule A: Original Value: S27,IOO Term In Months: 12 Monthlv Oenn!rialion: S502.00 Fixed n.-Per Month: Sl.360.00 Max GCW/GVW and/or Licensed Weight I0.000 Mii.... Rae_. Mile: S0.0993 Estimated Annuli Miles: 45,000 3. Vehicle Coapoagt J•(OflHtlon; Each Vehicle listed on this Schedule A is comprised of the followiftl components: Com cnt Cab/Ouissis Model Year 1996 C Dcscri ·on Freiptllncr Fl.0120T/A Canv Information Moodily $27.100 $502.00 4. Vehicle Jes; The !cue of each Vehicle listed on this Scbedule A 9bllJ constitule a ,cpaa11e 111d iDdependeat lelllC .-subject to the · terms and conditions contained in : (i) the TLSA; (ii) any amcndmcnls to lbc TLSA; (iii) this Schedule A; 111d (iv) my ocber writtm ..,_1 between Ryder and you regarding thall Vehicle. Any reference to lbc n.sA contained in my oflbc forqoin& documents shall be deaned to refer to each and every Vehicle lease. Paymcnu relalin& to mi invoice for multiple Vehicles will be alloc:ared on a pro-nla basis-a the cova'Cd Vehicles. The tenns of this Schedule A apply to all Vehicles listed on this SclleduJe A 111d are part of-=b respeclivc Vehicle lcae. lflbarc is a conflict ~een the tenns of this Schedule A and any other terms of the TI.sA. lbcn the tams of this Schedule A will apply. 5. Investment; The Original Value, Monthly Deprecillion and Fixed Cbar&e Per Month listed above are bued. in part, upon lbc manu&durer's quoted price as of the dale you execute this Schedule A. If the manufilcturer' s quoted price ~ prior to the Dare of Delivery of a Vehicle. then you agree that for each $50 increase in price ( or fnction thereof), Original Value shall be increued by $50.00. Monthly Deprecialion sllall be increased by S0.6S, and the Fixed Charge per Month shall be increased by SI.JO. 6. Origjnal ldentirlcation Cost SO . lfthis amount varies by $50.00 or more in price, the Original Value, Monthly Depreciation and Fixed Chirac per Month will be adjusted as indicated in (5) above. 7. Estirgated Aanaal Milns,; lf during any year of the lease term. the actual miles on my Vehicle exceeds the~ Amlual Miles li!led on this Schedule A by 10 %. then Ryder will .mess a surcharge ofS 0.1000 per mile for all miles over the Estimad Annual Mileap and you 8ll'CC to pay this surcharge in addition to all other smounts due Ryder within the time provided in the TI.SA. You will not be entitled to a credit or carry forward if actual annual mile&&e is less than its Estimaled Annual Mileaae- 8. Estimated Annyal tnine U210 for Bcrrtuotd Ioilm yd SUtia! J[ldll <"lkttm:lwl V,Ndw"); NOi Applicable. 9. Tht CPI Base Tndes; Is (ro be determined). The Base Index shall be the current index :11 oflhe 0. of Delivery. Eaposure •11; Notwithstanding anythin& in the TLSA to the coninry, only 75 % of the Fixed Cbarp Per Mondi 111d 100 % oftbc Mileap illllc Per Mile on the Vehicles liSted on lhis Schedule A shall be subject to adj111t111a11 in~ wi1b tbc TI.sA. Eff'«rive Date of Adjusunegg; January nn1 and July flnl. 10. l'er Vthj£1e Annual AUow,ncn; The ul lowanccs descnbcd below are inc lllded in the Fixed Oi.ae Per Momh. If the actual cost ofmy item(s) listed below. inc ludin& :,n y costs inc urred in StalCS other than 1hose lislcd. exceeds the annual allowance :unount for Iha item. !hell yo11 140 L_cOOJ /OS 7/11/0J 9:7 AM ""'" I ol2 ,.. ' ... ,• • • .. agree to pay Ryder the excess, in addition to all other lease chqes. Description AH•al Allow•-Aaot111t Vehicles listed on this Schedule Ao"'"""• in Swecs) of: CO CO Swe Motor Vehicle License. Re2istration and lnmtttion fees so ~ !IT A / Mil-Tmt Penniu so Federal Heavv Vehicle Use Taxes so Penonal l'roDertv Tmtes so C 11. Vehjde Refltsd Seaissli Vellicle RelaW Senlal Pnmded lh/C--- Subslilllte Vehicles Nc,tnn,vided w,..i,;.,. R"Ydllr 126 times ner _.\ satetvScrviccs -u-..e Rvdcr !IT A/Mil,,..., Tmt Pennittinir I: ,,..-;_ R.- Annual Emissions Test R"""" 12. f:111. Ryder will provide fuel for the V ebicles and cbargc you for my lbel it provides in accordance with the la1III of tbe "TI.SA IDd in addition to all other lease char&cs-You will be responsible for the alll of Ill)' lllcl oblained &om SCllll"CCS other than ~ cw Ryder's daipllled facilities. If your account is past-due, Ryder may elect to stop providin& ftiel to you 3 days tom the dllle tbal Ryder sends wri1lal aocice to you. 13. Pun Rppogjble r,, LjabjHty JMIOISli Ryder. Combined Sinale Limits $500.000 per oc:currmce. Customer Deducllble: SO per occum:nce. You ll&l"CC that Ryder shall ~ the sole right to conduct accident investiplions IDd adminislr:r claims handlin& IDd Nlllcmenls and you shall adhere to and accept Ryder's conclusions and decisions. 14. P1rty Rnpoujbh r,, nnkll PIND WIOISli You shall be responsible few all loss or damaae to the Vehicles in KCOldance with the TI.SA If a V ebicle is losl, stolen or dlmqal bcyood economic repair, then you apee to pay Ryder its pur-c:t.. price It the lime of 1cm Uld related costs and expenses IS determined under the n.sA S9penedig Sdttd•h; Eff"cctive IS of 12:01 LDL on the 1st day of Auplll 2003, dlia Schedule A sball supcr..ic Scbedule A No. 3, bul only with respect to the Vebiclc(s) lisled on this Schedule A (the "Scbeduled Vebicle(s)"). This cbanae Im boa nade for tbe purpoae of mmdlna lease tenn by twelve months on die Scbedulcd Vebicle(s). All of'tbe-llld CGDdlliom of Schedule A No. 3, m:epc *-tDqll'eslly 8*lfted herein, shall remain in fWl force and dfect. No Sgbstjtute Vsl!islni NotWithslandin& anythina in the n.sA to thc contnry, ~ shall have no obliplioa to provide you with a Subldlulc Vehicle for the Vehiclc(s) lisled on this Schedule A. The lease clwp shall not &bale few any..-~. includin&, but not limmd 10, temporary mechanical milure. l:d!!m!i This Schedule A contains information reprdina each V ebicle selecled by you and is a part of tbc TI.SA. When you sip dlia Sc:bedulc A, you authorize Ryder to obtain the Vehiclc(s) lisled on this Scbedule A and apee to take delivery oft!Mm. Tbc Leue Term for the Velliclc(s) will begin when Ryder tenders it to you lllld will continue few the period specified on this Scbedule A unlca tbe Laa Term is~ -1ilr as permitted by the TISA. Additonal Seryices: Except for the lease charges listed on this Schedule A, all char&es for pds and services under the n.sA, includin& Ill)' services subcon1?11Cted by Ryder, will be billed per Ryder's nuil sales and service procedures 1111d cbarps then in dfect. Disclaimer of Wau,ptles. RYDER MAKES NO EXPRESS OR IMPLIED w ARRANTY REGARDING 1HE VEHICLES, CHARGES OR ANY OllffiR MATffiR WHATSOEVER. INCLUDING. BUT NOT LIMITED TO, ANY WARRANTY Of MERCHANTABILITY OR FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE. Waivtn, CUSTOMER WANES AND RELEASES RYDER FROM ANY CLAIMS OR LIABll.JTY FOR ANY INDIRECT, INCIDEl'rr AL. SPECIAi. OR CONSEQUEN11AL DAMAGES. INCLUDING, BUT NOT LIMJTED TO, LOST PROftTS. B01ll RYDER AND CUSTOMER W AfVE ANY RJGHT TO TRIAL BY JURY IN ANY SUIT RELATING TO 11IE TllANSAcnONS CONT'£MPLATED BY TIIE TI.SA. 140 L_ !003/0S 7/11/03 9:27 AM .... 2112 ' ... .. • • Qefauh on Bnlll or BdlCI-If you are in default under my rental .-i with Ryder, you will abo be in clefault undcrtbe TLSA. lfyou are in default under the TLSA. you will abo be in default under Ill)' rental 111-.nl wilh Ryder. Hokt;om: Inv, If you operate my Vehicle after its leae tam bu ended. tbe tam1 oftbe 11.SA wiU apply to the hold-over la,e, but Ryder wiU have Ille riaht to tcnailllfe Ille bold-over leae seYeD (7) days after Ryder sends you wriuen notice (but Ryder wiU not be required to send you nolice prior to such a tcnnimlion if you~ failed to cure m OUlamdiDa de&ult under the TLSA or if Ryder ha previoully lmi you a tenninmon nolic:e coverin& dial V chicle). C91114ftd11ity. You ape to main1ain die confidentiality of die tams IDd !'lies CODtllined in the TLSA and ape not to disclo,e our raaa and tmns unless required by law. JHlll•ltt S,ryiyal All of the de&me, rel-, indeamiftc:alion, ~ IDd bold bamleD provisiom in tbe 11.SA all survift tbe taminllion or expinlioa ofdle 11..SA for my -. RYDER TRUCK RENTAL, INC.. d/b/a RYDER TRANSPORTATION SERVICES (Ryder) By: Name: TED Pll..ECKI Tide: GENERAL MANAGER Date: Wltaea: _________________ _ CITY OF ENGLEWOOD (eusam-Nou) By: Naae: JIM TAU.ENT Tide: OPERATIONSMANAOER ~---------------- 140 L_ 2003/05 7111 /03 9'.27 AM C • O· C J TRUCK LEASE & SERVICE AGREEMENT (TLSA) SCHEDULE A ., Custumff (l.Naft) Name: CUIIDaerVllllcle Doaldle: 1-Number. CITY OF ENGLEWOOD ENGLEWOOD. CO 7058 Ryder Service Loc:atlou Number & Na-: Sched•leNo. TI.sA Data: 3321 Denver-155 Denvcr-Btv1111t Street DEN2003-0I I Sdled•le A Dll1e: Julv I Olb. 2003 Anril 12th. 1990 ··~ Vehicle lnformalion Ryder I Customer I Oaacof I I Replaces Ryder Unit No. UnitNo. Deli-Serial Number Unit No. I. 562036 I I 08/01/03 I IFUYDCYB6TP859046 I 2. Lease Terms; The following terms shall apply to each V chicle listed on this Schedule A: Original Value: $27,100 Term ID Moatbs: 12 Montblv llenreciation: S502.00 rwxl -Per Manlh: Sl.360.00 Mu GCW/GVW and/or Licensed Weight 80,000 Mil......, Rae ._. Mile: S0.0993 Eslimaled Annual Miles: 45.000 3. Vnisle Co•Rllnt lafongtjo•; Each Vehicle listed on this Schedule A is comprised of the following componenis: $27,100 SSOl.00 4. Vgjde I ne; The lew of each Vehicle !isled on this Schedule A shall consdnB a separalC 111d ind1111 ......,. '-..-subject to the terms and ·conditions contained in: (i) the 11.5A; (Ii) any amendments to die Tl.SA; (iii) t11i1 Scbedule A; 111d (iv) Ill)' odler Wfflll:ll ...-ncat between Ryder and you regarding that Vehicle. Any reference to the TLSA comaincd in any of the fonaoia& doc:umalll shall be deaned to refer to each and evay Vehicle lease. Paymems relating to III invoice for multiple Vehicles will be al-=-! oo a prn-nra ball-a the covered Vehicles. The terms of this Schedule A apply to all Vehicles listed on this Sdledule A 111d are pat ofeacb rapeclive Vehicle leae. lflbae is a conflict between the tams of this Schedule A IDd any other tams ofthe,.TLSA. then the tams oftllil Scbedule A will l!IPIY- 5. lpveshlgt; The Original Value, Monthly Depreciation and Fixed Charge Per Moodl listed above are based. in pat, upon the fflllllldactlnr's quoted price as of the dart: you execute this Schedule A. If the INUIIIDCIUrer' s quoted price ~ prior to lbc Dau: of Delivery of a V chicle. lhen you agree tbal for each S50 increase in price (or fraction thcreoO, Oriainal Value shall be increwd by S50.00, Monthly Depreciation shall be increased by $0.65 . and the Fixed Charge per Monlh shall be inaeascd by Sl.30. 6. Origj••I ldgtjfigtjop Cost; SO. If this amount varies by $50.00 or more in price, the Original Value, Monthly Depreciation and Fixed Cbarae per Month will be adjusted as indicaled in (5) above. 7. Esrimattd Aan11I Mjkla; If during any year oftbe lew term. the IICtllai miles on any Vehicle exceeds the Estimau:d Annual Miles liSICd oa this Schedule A by 10 %, then Ryder will assess a surcharge ors 0.1000 per mile foraU mileso-the Estimllmd Annual Milcap and you aarw to pay th is surcharge in addition to all other amounts due Rydet within the time provided in the TI.SA. You will not be entitled tom credit or carry forward if actual annual mileage is less than its EstimMed Annual Milcap. 8. Esri••Jtd A!PYI E11in Hgn for RefrJaoll\ll Trajlffl yd $SoilM TrKlg ("BctiaoW V!NdM"); Not Applicable . 9. DI CPI Base Juu; Is (to be determined). The 8w lndCll shalt be the=-index• ofllle DIiie of Delivery . £1po!l[t •;,; Soiwitltstanding :inything in the TI.SA 10 the comnry, only 7' ~ oftbc FIMd CbarF Per Mondi 111d 100 % oftbc Mileap Rate Per Mile on the V ch icles listed on Ib is Schedule A shall be subject to adj-iD accardacc witb the TI.SA. Effectjyf PIii of MIVDIIIPi January ftm and July first. 10. Pu Ve.jde f\llYI AUow11m; The llllo wanccs dtscnbed below :n inc luded in the rllled Cbarp Per Mondi. lftbc Ktllal COIi of any i1c1111 s) listed bclo,.. ll1Cludina 1111y cosu incurred in -.s other than tho5c listed. .::xl:Olds tbe -...i llllo--for thll item. Ihm )'OIi I ~O L _ 2003/05 111 IIO) 9 27 AM ...... ..,: . • ' .. .. •• ' • • 0 . agree to pay Ryder the excess. in addition to all other lease charaes. Dacriptloa Aanul Allowance A-at V chicles listed on Ibis Schedule A ,_,,,. .. in S111&fSl of. CO CO Stale Motor V chicle License. RClristntion and Inmection fees so IFTA I Mil<!aft Tax Pennils so Fedenil Heaw Vehicle Use Taxes so Personal ProoertV Taxes so II. Vet,lde Related Sp:yjgl; v.im Relmd SerYlca Pnwlded BY/Co- Subslitule vehicles Not-vided Wuhintr Rwll!r (26 times ocr ve.-l ..__ Services KYII« Liccnsina Rwll!r IFTAIMiJ--Tax PerminiDR & Rf!Nlltina Rwll!r Annual Emissions Test - 11. flsl. Ryder will provide fllel for the Vehicles 1111d c:blrgc you for any lilel it provides in accordancc wilb lhc terms oftbe TI.SA and in addition to all other lc:asc ctwses-You will be responst"ble forlhe COSI nfany fuel obllined liom sources Olbcrtban Ryder or Ryder's desi.-.,cl facilities. If yout ICCOllllt is pat-due, Ryder may elect to slop providin& l\iel to you 3 days from the date tblt Ryder sends wrilllm nolice to you. JJ. hm Rppoplldt for Liability WIJ'IISli Ryder. Combined Sin&le Limits $500,000 per occum:nce. CUSIOIIICr Deductible SO per OCCWTCIICC. You .-CC that Ryder shall have lhc ,ole rip to conduct accident inveslipdons and adminlllr:r c:llims banclliq and seldemmlS and you shall adhere to and accept Ryder's coaclusions and decisions. 14. Party BnPPfllbk for Dnkll P,,m WIAffli You shall be n:sponsi"ble for all loss or daawp to tbe Vehicles in accordance wilb Ille TI.SA !fa Vehicle is IOSl, stolen or cllmapd beyond economic rq,air, lhcn you aaree to pay Ryder its~ price• tbe time ofloallld related costs and cxpcnsc:s IS delamincd under lhc TI.SA. S,penedlg SdJilll•IG Etrcclive IS of 12:0 I Lm. on tbe I st day of Aupst 2003, this Sdledule A sball supcnale Schedule A No. 3, but only with respect tolhe Vebicle(s) listed on this Scbedulc A (tbe"Scbeduled Vchiclc(sJ"). 11lil cblnp Im been lllldc forlhc purpoee ofmmdln& lc:asc ICnD by twelve months oo lbe Scbeduled Vebicle(s). All oflbe tams 11111 caaditiom ofSdledule A No. 3, except those exprasly modified herein. shall remain in full force and ,::trec:L No S1btggrte Vwfn; Notwithsamdin& anythina in the TI.SA to tbe COlltnly, Ryder sball have no obliplion IO provide you with a Substilure Vehicle for the Vehicle(s) listed on this Schedule A. The lease dlarps shall not Ibale for any.-~. includiq. but not limil&d to, temporary mechanical failure. ~ This Schedule A contains information reprdinc each V chicle sclecled by you 111d is I part of tbe TI.SA. When you sip Ibis SclWule A, you authorize Ryder to obtain tbe Vehicle(s) listed oo this~ A and lpet IO like dellllel)' oftbcm. The Lale Term fortbe Veblclc(s) will begin when Ryder tenders it to you and will cootinue for lhc period specified on this Scbedulc A unless lbe LCIK Tenn is taminaled .-lier as pennined by the TI.SA Additonal Seryicg; Except for the lease charJes listed on this Schedule A. all char&es for &oods 111d services under the Tl.SA. includlna any servi ces subcon tracted by Ryder, will be billed per Ryder's telail sales and service procedures and cbarses then in effect. Disdaimer o{Wamptjg. RYDER MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING lHE V£HJCL£S. CHARGES OR ANY OllffiR MATTER WHATSOEVER. INCLUDING , BUT NOT LIMITED TO. ANY WARRANn' Of MERCHANT ABD.ITY Oil FITNESS FOR A SPECIAL OR PARTICULAA PURPOSE. Wainn, CUSTOMER WAIVES AND RELEASES RYDER FROM ANY Cl.AIMS OR UABn.nY FOR ANY INDIR£CT, INCIDENTAL. SPECIAL OR CONSEQUENTIAL DAMAGES. INCLUDING. BUT NOT UMrTED TO, LOST PROFITS. BOTii RYDEll AND CUSTOMER WANE ANY RIGl:IT TO TRIAL BY JURY IN ANY SUIT RELATING TO 1liE TRANSACTIONS CONTEMPLATED BY THETLSA. 140 L _ :!003/05 7111/03 9:27 AM ' • • De(agh 91 Batll or Bftlo. lfyou are in default under IIIY rai1al apanmt willl Ryder, you will lllo be in dc&ult undcrtbe TI.SA. If you uc in default under tbe TI.SA. you will also be in ddlult UDdcr any raal .-willl Ryder. Ro*9Y,c ,_, If you opaae any Vebicle after i1s leae tam Im ended. die 1am1 of the TI.SA will apply 10 die ~ i-. but Rydcr will have the riabt to ler1llinale the hold-over •--(7) days after Ryder _. you wri1lln DDCice (bul Rydcr will IKll be required IO Mid you notice prior to such a lalllinalion if you haw l!liled to an m ...,.,,,din& dc&alt under IINl 11..SA or ilRydcr Im previoully -you a terminalion nolice eawrma dial V elrida). Co•fJdtltilMt!, You aarea to mainlain tbe coafidmliailty oftbe 1am1 md -CODlained in tbe TI.SA md ...-IKll 11> dbcloN our.-md tams unless requiftd by law. 11MlkY strtuL All of the de&mc. rel-. iDdcmliflc#lon, ~ md bold lllnnlm pro¥ilionl in IINl 11.SA ...U aniw 11N1 tcrminalion or apinllion of lhe 11.SA lbr any - RYDER TRUCK RENTAL, INC.. d/b/a RYDER TRANSPORTATION SERVICES (Ryder) By: Naae: TED PD.ECKi Title: GENERAL MANAGER Date: Wltllas: _________________ _ CITY OF INGLIWOOD {CullomafYoa) By: Na-= JIM TAU.ENT Tldl: OPERATIONS MANAGER Datil: WiaMa: ________ ..::.,. ________ _ 1.0 L_ 2003/0$ 7/11/03 t'.17 AM 0 ·• • • • TRUCK LEASE & SERVICE AGREEMENT (fLSA) SCHEDULE A Cat-er (i.-) Name: Ca-.r v•id• Domicile: 1-Naaber: CITY OF ENGLEWOOD ENGLEWOOD . CO 7051 Ryder Service Loc:atlea Namber & Name: SdledaleNo. TLSA.Data: 3321 Denver-15S Denver-Bl'YUlt Street DEN2003-0I I Sdledale A Data: Julv I Olb. 2003 AnriJ 121h. 1990 I.~ V chicle Information Ryder I Customer I Dall: of I I Replaces Ryder Unit No. UnitNo. De11-v Serial Nmnber Unit No. I. 562036 I I 08/01/03 I IF'L'YDCYB6TPl59046 I 2. ] as Jenv; The following terms shall apply to eacb Vehicle !isled OD this Schedule A:. Orisim1 V aluc: S27,100 Tam In MDIIIIII: 12 M.-htv n,,,,,,,,,wion: $502.00 Fixed n.--Per MOlllh: Sl.360.00 Ma OCW/GVW llld/or Lic:cmed Weight: II0,000 Ml1eaa Rae ...... Mile: S0.0993 Estimaled Annual Miles: 45.000 3. Vthjclf Con,mnt ln{ongtlop; Each Vehicle lisu:d on this Schedule A is comprised of the followina components: Cab/Olassis I 1996 I Freialdlincr FLD120 TIA Coov I S21.100 I Moatbly ~OD $502.00 4. VNjde Lepe; The lease of each Vehicle liSICd on this Scbedulc A sball coastitutc a sepmmc and iDdepcndmt lal1e ap-..mt subject to the terms and conditions contained in: (i) the TI.SA; (ii) any --in-ts to the TL.SA; (iii) this ScbeduJe A; and (iv) any ads wri1lm ...-,t between Ryder and you reprdina that V chicle. Any reference to the TI.SA contained in any of the fc,reaoi111 docummls sball be deemed to mer to each and every Vehicle leae. Paymmts relllin& to aa mvoicc for multiple Vehicles will be allocmd on a~ bals -a the covered Vehicles. The terms of this Schedule A apply to all Vehicles listed OD this ScbeduJc A and are pan of each mpec:1i,ie Vehicle lcaa. lftbere is• conflict between the terms of this Schedule A and any other terms of the TI.SA. 1bcn the terms of this Scbodule A will apply. 5. lnvestaept The Original Value, Monthly Depreciation and Fixed Charge Per Month listed above are bued, in pan. upon the manWll:lllrer's quoted price as of the date you execute this Schedule A. If the rranumaurcr's quoted price increacs prior to the Dae of Delivery of a Vcllicle, then you agree that for each $SO increase in price (or &action thereof). Original Value shall be increaed by $50.00, Monthly Deprecialion sball be in=ased by S0 .6S, and the Fixed Charge per Month shall be increased by Sl.30. 6. Org!i91l ldentjf,qtiop Cost; SO . If this amount varies by S50.00 or more in price, the Original Value. Monthly Depreciation and Fixed Char&e per Month will be adjusted as indicated in (S) above. 7. tsti••ld Annal Milstu; If durina,fflY y-of the lease term. the actual miles on any Vehicle ex.ceeds the Estimaled Annual Miles limd on this Schedule A by IO %, then Ryder will assess a surcharJe ofS 0.1000 per mile for all miles o-the Esumaled Annual MiJcaae and )'OIi ape to pay this surcharge in addition to all other amounts due Ryder within the time provided in the TI.SA. You will not be entitled to a credit cw carry forward if actual annual mileage is less than its Estimaled Annual Mileaac- 8. Estimated Ana111 E11in Uno {or BtCcim:11"' InYm Msl Sto!lllt Iosha t"Blttnnld V•kw"); No1 Applicable. 9. Ibr CPJ Bur lodru Is (to be determined). The Base Index shall be the cum:nt index a of the Dalt of Delivery. E1posfft "/1 ; NO!withstandin& anythina in the TLSA to the connry, ooJy 75 % of the Fixed Chqc Per Month and 100 % of the Mileap Rate Per Mile on the Vehicles liS1ed on this Schedule A shall be subject to alljllSlffleat in accordaxe with the TI..SA. El(UJlvt PIie o(Adhnm,nb; January fltSI and July fltSl. JO. Per Vthisle App11J Alle••tsni The allowances described below arc included in lhc: Fixed Chqc Per Monlh. If the actual cost of any item(s) list ed be low, includ ina any costs incumd in swc:s other than those liS1cd. exceeds the 11111ual allo"-.cc amoun1 for !NII item. then )'OIi 140 L_ 2003'1>5 7/11/03 9.27 AM P-.loll ' • • agree to pay Ryder the excess, in addition to all other lease charges . I DescriptiOII I Annul Allowaace AaloHt V chicles listed on this Schedule A ......,.,~ in Slald s I of: CO CO Swe Motor Vehicle License. Restistration md tnmection fees I SO ITT A / Mil"""" Tax PermilS I SO Federal Heaw Vehicle Use Taxes I SO Porsonal l'r0Per1\' Taxes I SO 11. Vthjcle Btllhd Seryjgs; Vetiide Rmllld Semcel PrO¥ldad lhlC- Subslitule Vehicles Not lll'OYided WHhin9 Rvde:r <26 tilms --l Smtv Services -u-Rw11r ITTA/Mileue Tax Permillina & R....,,.;,,• Rvder Annual Emissions Tat R,,_. 12. f1111. Ryder will provide filcl for1hc Vebiclcs md charp you foray tbel it pn,vides in aa:ordmce with 1be tams oflbe 1l.SA 11111 in addition to all Olhcr lease c:barJa. You will be raponsa'ble for the COil of ay fllel oblaiDed 1rom -olber than Ryder or Ryder's clmilP*d facilities. If your account is pat-due, Ryder may elect to SIOp pnlYidiDa tbel to you 3 days 1rom lbe dale dull Ryder 9ellds writtm no1icc to you. 13. Party Bt,pogjble for Y,lpiHty JWPISPI Ryder. Combined Sinpc Llmits $500.000 per OCCU1T11DCC. Custamcr Deductible: SO ptl' occurrence. You 111'1:C thal Ryder sbalJ have lbe sole rip! to conduct accident imcstiptiou md administer claims bandllaa 111d seal-and you shall adhere to and accept Ryder's conclusions md decisions. 14. Party BnPU!lbfs f,c nnk11 PINM JIHPISli You shall be responsible for all loa or damlp to the Vebiclcs in aa:o.dance with tbe TISA. If a Vehicle is IOSI, S1Dlen or damllpd beyond economic repair, then you llll'CC to pay Ryder its ~ price • tbe time of loa md relllled COSIS and expenses u determined under the TLSA. S1P1'114ig Scbtd•lli EJrective u of 12:01 Lm. on the la day of Aupst 2003, this Scbodulc A sbalJ supcnedc Schedule A No. 3, bul only with respect to tbe V ehiclc(s) lisred on this Sclledulc A (lbe "Scbeduled V ehicle(sr). Tbis cbaF Im bem made for tbe purpoee of CXllllldina 1.-term by twel-.e ~ cm the Scheduled Vehicle(s). All oftbe-ad-.ditiam ot'Scbedulc A No. 3, acepc dime cqnaly 8ldillod herein, shall remein in full force and cfl'cct. No S1bstiflte Vpisln; Notwithstandina 111ythina in the TI.SA to 1be coaamy, Ryder all have no obliplion to provide you wilb • Subsliluta V chicle for the Vehiclc(s) !isled on this Schedule A. The lease cbarps shall not allale for any -~. includin&, bul not limi1ed to. tempol'lll)' mechanical failure. ~ This Schedule A contains information reprdina cacb Vehicle seleaed by you ad is a pan oftbc TLSA. WIim you lip lhia Scbedule A. you aulhori:r.e Ryder to obtain the Vehiclc(s) lisred on Ibis Schedule A and apa: to tab dcli-.ery oflbcm. The Lc:ae Tenn for the Vebicle(s) will begin when Ryder tenders it to you and will continue for tbe period specified on this Schedule A unless tbe Lc:ae Tena is taminated -1icr as pcnnincd by the TI.SA. Additonal Senigs; Except for the lease charges listed on this Schedule A. all charges for p,ds and services under tbc 11..SA, includin& any services subcontracted by Ryder, will be billed per Ryder's retail sales and service procedures md chaps then in eft'cel. Disclaimer o[Warraptjes. RYDER MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING 1HE VEHICLES. CHARGES OR ANY OTHER MATTER WHATSOEVER. INCT..UDING, BUT NOT UMrraD TO, ANY WARRANTY OF MEJlCHANTABIUTY OR FITNE SS FOR A SPECl,!,h. OR PARTICULAR PURPOSE. ~ CUSTOMER WAIVES AND RELEASES RYDER FROM ANY Cl.AIMS OR LIABIUIY FOR ANY INDIRECT, INClDENTAL. SPEC IAL OR CONS EQUENTIAL DAMAGES. INCLUDING, BUT NOT UMJTED TO, LOST PROFITS. B01H RYDER AND CUSTOMER WAIV E ANY RIGHT TO TRIAL BY JURY IN ANY SUIT RELATING TO 1HE TRANSACTIONS CONTEMPLATED BY THE TLSA. 140 L_ ~003/0S 7/11 /03 9'.27 AM ... loll ' .. ... , Ptiub M Ben1 IC Ben. If you -tn cll6ult ...... -., -i .-with llyds. you will 111o Ila in dmuh llllllllr111e Tl.SA. If you are in defaall under tbe Tl.SA. you will allD be ID ddaalt mNllr my -a .-w1111 R.ydlr. 8tM:ftK ·-I If you opllam my Vtlbicle dar ill lwe .. -...i. --oftbe Tl.SA wOJ apply ID 111e llald-o¥w lwe. but llyds will Jia... lbe ript ID.._ die bolcMnw lwe -(7) dll,I dill' Ryder ... )'1111 wm. llCllice (blll ll.'Vdlr wiU 11C11 be Nqllind ID mad you nodce priar 10 IUCb a lll'lllillllion If you baft 11111d ID care• u •• -dadt ...... IIIC 11.SA or~ Im prnialllly w you a mrmialliclD IICllioll lXIVftll dial Vtlbiclll). Osf 1 f It You.-to aailllalD die -1kllnrialhy ofdle-md W CIIIIII...: ID 1lile 11.SA md ... IIGIID dllCloa our w md ---...... bylaw. • 7 'h smm:. All of1111 cldlla. ntlw. badwriftcllicm. -.-ad llald ......._ pnMliw ID 111111.SA lball ...t.. 1111 • · •• or..,.... of111e11.SA for my-. RYDER TRUCJt RENTAL, INC., dlbla RYDER TRANSPORTATION SERVICU (Rydlr) Br- ~ TED PD..ECKI Tide: GENERAL MANAGER Date: a'l'Y OI' ENGLEWOOD (a-/Yoa) Na.. JIM TAU.ENT 1'1111: OPERA110NS MANAGER Data: Wltaea: _______________ _ Wlmla: _______________ _ 140 L_ J )/05 .... ,.,, COUNCIL COMMUNICATION DATE Agenda Item Subject September 15, 2003 11 a i Amendment to Tide 15, sections 3, 4, and 6 regarding Nuisance Abatement INfflATEDBY STAfFSOURa Safety Services Lieutenant John Collins COUNCIL GOAl. AND PREVIOUS COUNCIL ACTION: The Englewood City Council discussed this issue during its Study Session on September 2, 2003 . RECOMMENDED ACTION: The Code Enforcement Advisory Committee has recommended that the current thirty (30) day period for v oluntary cleanup of a nuisance is too long and that fourteen (14) days is a more reasonable time period for such cleanups. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED FINANCIAL IMPACT: N o n e LIST OF ATTACHMENTS Proposed Bill fo r an O rdinance • • 0 0 BY AUTHORITY ORDINANCE NO . SERIES OF 2003 ~"N0.51 ~;~YCOUNCIL MEMBER~~~~~~ AN ORDINANCE AMENDING TITLE 15, CHAPTER 3. SECTIONS 3, 4 AND 6, ENGLEWOOD MUNICIPAL CODE 2000, ON ABATEMENT OF NUISANCES, TO CHANGE THE TIME LIMITS FOR ADA TEMENT . WHEREAS , the Code Enforcement Advisory Committee has recommended that the current thirty (30) day period for voluntary cleanup of a nuisance is too long and that fourteen (14) days is a more reasonable time frame for such cleanups; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I. City Council of the City of Englewood, Colorado, hereby amends Title IS , Chapter 3, Section 3, of the Englewood Municipal Code, as follows : 15-3-3 : Notice Form. . The following notice shall be used by all departments empowered with the abatement of any and all nuisances of this Title NOTICE Notice is hereby given that there cxilts upon lhil property the followin1 coadirion(s) or violation(s} which give rise IO a nuiUDCC punUIDI IO the followin1 section(s} of the Enpwood Municipal Code ; , You have lhitt, (39~ foYJlCSP 04} days in which to abate the above-described nuisance(s). In the event that you do not abate the nuisailce(s) within the_.., (39~ fqYJlCSP ( 14} days, the City of Englewood may, at its option, abate the nuisance at your expense or, in the alternative, issue a swnmons and complaint, or both, directina that you appear in the Municipal Court for the City of Englewood, to answer to the cbarJes u set forth above . In the event that you do not believe that there exists upon this property the nuiunce( s) u set forth upon this notice, you have the ript to appeal this notice and to request an admini strative hearing by makina a written demand to the City for a bearina within seven (7) day s of the posting or receipt of this notice . Such written demand shall be made to the Clcrlc of the Englewood Municipal Court, on the form provided by said Clerk. t .. • • T 0 ·• •• 0 r--(_J Section 2 . City Council of the City ofEnglewood, Colorado, hereby amends Title 15 , Ch apter 3, Section 4, of the Englewood Municipal Code , as follows : l5-3-4 : Responsible Party Abatement. Within th~ (30) fourteen 01} days after the date of posting or the date of mailing of the notice and orders to abate the nuisance, the responsible party of the affected property shall remove and abate such nuisance . Section 3. City Council for the City of Englewood , Colorado, hereby amends Title 15 , Chapter 3, Section 6, of the Englewood Municipal Code , as follows : 15-3-6 : City Abatement Options. In the event that the nuisance is not abated within the lhi"Y (30) fourteen O 4} days set forth in the notice and ifno appeal of the notice has been filed by the responsib le party with the City, the City may either abate the nuisance at the expense of the responsible party or, in the alternative, elect to issue a criminal summons and complaint directing the responsible party to appear in the Municipal Court to answer to the alleged violation(s) of the City ordinance which gave rise to the nuisance , or both . Section 4 . Safety Clauses. The City Council hereby finds, detennines, and declares th at 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 detcnnines that the Ordinance bears a rational relation to the proper legi slative object sought to be obtained. , Section 5. Severabjljty . If any clause, sentence, paragraph, or part of this Ordinance or the applic ation thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other penons or circumstances. Section 6 . Inconsistent Ordjnances. All other Ordinances or portions thereof inconsistent or co nfli ctin g with this Ordinan~ or any portion hereof arc hereby repealed to the extent of such inco nsistency or conflict. Sec tion 7. Effec t of repeal or modjficatjon. The repeal or modification of any provision of the Code of th e City of Englewood by this•Drdinance shall not release, extinguish, alter, mod ify , or change in whole or in part any penalty , forfeiture , or liability , either civil or criminal , whic h sha ll 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, u well as fo r th e purpose of sustaining any judgment, decree , or order which can or may be rendered, ent ered, or made in such actions, suits, proceedings, or prosecutions . Sec tion 8. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every vio lation of thi s Ordinance. ... .. • t • Attest: Introduced, read in full , and passed on first mlding on the IS-day of September, 2003 . Published u a Bill for an Ordinance OD the 19th day of September, 2003 . Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City C1erlt I, Loucrishia A. Ellis, City Clerk for the City of Enalewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, inboduced, read in full, and passed OD first reading OD the 15th day of September, 2003. Loucrishia A. Ellis • • -= • ORDINANCE NO . SERIES OF 2003 BY AUTHORITY (J COUNCIL BILL NO . 62 INTRODUCED BY CO MEMBER WOLOS AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATO ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, F~-,p---- PERIOD OF SlX MONTHS. WHEREAS, City Council has established goals for enhancing business and economic climate within Englewood; and WHEREAS, City Council initiated the Broadway Plan 2003 supporting Plan goals of identifying strategies for revitalizing the corridor, redeveloping key nodes, supporting multiple modes of transportation , increasing retail spending, improving opportunities for workforce housing and repositioning underused properties for redevelopment; and WHEREAS, Council has reviewed preliminary research that indicates two-thirds of the corridor contributes little directly to the City tax base; and WHEREAS, sales taxes are the single most important source of revenues that pay for essential and emergency services in Englewood; and WHEREAS, auto uses occupy a disproportionate amount ofB-2 zoned land in Englewood when market analysis indicates the supply of auto uses substantially exceeds the community demand for auto uses; and WHEREAS, auto purchasers do not pay sales tax where the vehicle is purchased; and WHEREAS, the establisl;mient of additional auto uses or expansion of existing auto uses threatens Englewood's sales and property tax base; and WHEREAS, Englewood is proposing revisions to the Zoning Ordinance which will address these auto uses that take approximately six months to become effective; and WHEREAS, control of the zoning of these facilities is a legitimate exercise of local police power. NOW, THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The City Council for the City of Englewood, Colorado, finds that there shall be a moratorium on the establishment or expansion of the following auto related uses in the B-2 zone district : auto sales, auto leasing, auto-pawn and RV sales as de scribed in 16-4-12(C). ' Section 2 . The temporary suspension shall include changes of location by existing auto uses ; expanding the land area of existing auto uses; and re-establishment of auto uses on propenies that were previously occupied by auto uses . ' • • Section 3 . Any property with a current auto related use may retain tha t use in the 8 -2 Busi ness Zone District during the moratorium. Section 4 . The provisions of th is Emergency Ordinance arc temporary in nature and are intended to be replaced by subsequent legislative enactment. The temporary moratorium on the e stablishment or expansion of uses in the B-2 Business Zone District shall terminate at 12 :01 a .m . on March 3, 2004. Section 5. The Englewood City Council directs City staff to develop appropriate zoning regulations to be consistent with this Emergency Ordinance and to collect information and work closely with the Englewood community to revise zoning regulations, which protect the interests of the community. Section 6 . An emergency is hereby dcl:lared requiring immediate passage of this Ordinance by reason of inadequate land use regulations in the Zoning Ordinance:. City Council hereby finds and determines that an emergency exists and that passage of the within Bill for Ordinance shall be effective upon final passage and shall be published within seven days thereof. Introduced, read in full , and passed on first reading as a Bill for an Emergency Ordinance on the 18'h day of August, 2003 . Published in full as a Bill for an Emergency Ordinance on th e 22• day of Aupst, 2003 . Read, amended, and passed as amended u an Emerpacy Ordinance on the r day of September, 2003 . Published in full as amended as an Emerpncy Onlinanc:c on the ~ day of Seplcmbcr, 2003 . Read by title and passed on final readina u an Emerpncy Ordinance on the i,• day of September, 2003 . Publis hed as Emergency Ordinance No. __ , Series of 2003, on the t 9*' day of Se ptember, 2003 . Beverly J. Bradshaw, Mayor Attest: uc ri s hia A . E ll is . City C lerk I. Loucrishia A. Elh • 1ty late for the City of Enalcwood, Colondo. benby certi fy Iha& the above and fo rcaoin a 1s a~ opy of an Emerpncy Ordulaace puaecl on fiDal readina and pu bl i,hc d by 111Je Emcraency Ordanance No . __ • Sena of2003 Lwcnsbia Elht • • COUNCIL COMMUNICATION Date Agenda Item September 15, :!003 INITIATED BY: Community Development Dept. Subject: Resolution Establishing a Line of Credit for the Housing Rehabilitation Enterprise Fund STAFF SOURCE: Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance 23, Series 1999 assuming all of the assets and liabilities of the Rehabilitation Program from the Englewood Housing Authority. Council also approved Resolution 33, Series of 2000 authorizing an agreement establishing a line of credit for the continuance of the Housing Rehabilitation Fund with three additional one-year line of credit exten ,ons to be negotiated. Also approved was Ordinance 26, Series of 1999 es tablish1rig th Housing Rehabilitation Fund and Ordinance 31, Series of 2003 creating the City of Englewood Housing Rehabilitation Enterprise Fund . RECOMMENDED ACTION To approve a resolution approving a proposed agreement establishing a lle\v line of credit with Vectra Ban·k for $750,000 to support the activities of th e Hous,ng Rehabilllat1on Enterprise Fund and to app ro ve th e City Manager to negotiate thre e add1t1onal on year penods that will not increase the amount of the line of credit. BACKGROUND, ANALYSIS, AND ALTERNATl\'fS IDfNTiflED The City created the Housing Rehabilitation L n Program in 197 to preserve the existing ho using sto ck in the City and to address the problem ot I ,-.ncom 1am1hes with the financing of major repairs. The Program was administered throu h th Engl ,ood Housing Authority until early 1999 w hen the City es tablished the Housing Reh bihtah Fund ,md as umed all of the assets and liabilities of th e Rehabilitation Program . A major co mponent of the success 0 1 th e p, 1977 va rious lines of credit totahn o,Pr S~ ,, ith Vectra Bank c urrent! acting a th I I The 2003 req uest is for an add111onal disb urs ed fo r one ear . The pro mer ~O vea rs. Additional 0 11 , des1gnee tor th e ne,t 3 , 1 the upport from the bJ king community. Since 1 n h.1 be n ,tended to the Fund from local banks 1 , , m , n er d1t facility to con tinue the program to be ub1ect to a quarterly adjustment to be repaid to b nego tiated annuall b the City Manager or .. pro ram at its c urrent level of service . At th e completion of each rehabilitation project, the individual loan is secured by a Promissory Note and Deed of Trust (usually a second) recorded on the homeowner's property. The City Manager's designee (the Director of Community Development) signs a note from the Fund to Vectra Bank plus issues an Assignment of Deed thereby fully collateralizing the each loan using the homeowner's property as security . Each homeowner makes monthly payments to the Fund and the Fund then passes th ese payments through to Vectra Bank . The current monthly payment to Vectra Bank is approximately S 7,000 principal and interest. A delinquent reserve account of 8% · 10% of the outstanding amount of th e loan is required to be held at the bank to cover any delinquent homeowner payments . The current balance of this reserve is $92,000. Fund 46 (formerly Fund 72) is available to increase the reserve balance if needed. The agreement is expected to be approved by Vectra Bank before the September 15, 2003 City Council meeting. A copy will be provided prior to the City Council meeting on Monday. The significant points of the agreement are noted in the attached letter from Vectra Bank. FINANCIAL IMPACT Existing Community Development staff administers the Housing Rehabilitation Fund . No additional monies will be required . TI,e outstanding debt to Vectra Bank will be increased by the amount of the line of credit used, up to a maximum additional amount of $750,000, which takes the total line of credit with Vectra Bank up to a maximum of $1,650,000. LIST OF ATTACHMENTS Letter from Vectra Bank Proposed Resolution SEP. 11. 2003 11 : 11 AM • VIC'I'liMfilS '"'""~....._,.. Seplalbtr II, 2003 VECTRA BANK ENGLEWOOD Ms . 1-Gamm.It, lfOllliaa Filmloe Spec:iaHa C itJJ'>n-dapsrl)epaaaa Cl)' oliDllftood 10001a,-.oo4 ,-.,., .lmpwood. eo ao110 Dear J1111t: NO. 013-P. 2 Apia, IIWlk YOII for__, wida-~ to wadt dlrov,b lt¥Wl1 of Ille by ilnN OIi iia. .t..a. Ao-chft9d by lbe BIDk'I appoialld IUOmey. [ wllllild ID~ M¥n of 1111 uy pomll of 1111 lolD llnllplllclltlllat ..... ~ ~;-~ Vice Ptwidtm Blisiucsa llaliJcina, South Metro Market E111lewood Brucb --= A RESOLUTION APPROVING THE NEGOTIATION OF A NEW LINE OF CREDIT WITH "6at'Ht-:m8UPPORT TB& Aen¥fflES OF 11IE HOUSINO ' REHABltlTA TION ENTERPRISE FUND AN[) APPROVING THE CITY MANAGER TO NEGOTIATE THREE ADDfflONAL ONE-YEAR. PEIJODS THATWIU N0t INCUASE THE LINE OF CREDIT. WHEREAS , Englewood City Council approved Ordinance 23, Series of 1999, assuming all of the assets and liabilities of the Rehabilitation Program &om the Englewood Housing Authority ; and WHEREAS, Englewood City Council also approved Resolution 33, Series of 2000, authorizing an agreement establishing a line of credit for the continuance of the Housing Rehabilitation Fund with three additional one-year line of credit extensions; and WHEREAS , Englewood City Council approved Ordinance 26, Series of 1999, establishing the Housing Rehabilitation Fund and Ordinance 31 , Series of 2003, creating the City of Englewood Housing Rehabilitation Enterprise Fund. NOW , THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Englewood City Council hereby authorizes the City Manager to negotiate and sign a new line of credit with Vectra Bank for S7SO,OOO to support the activities of the Housing Rehabilitation Enterprise Fund Section 2. Englewood City Council hereby authorizes the City Mmapr to negotiate term s for three additional one-year periods that will not incrase the amount of the line of credit . ADOPTED AND APPROVED this I Sth day of September, 2003. Beverly J. Bradshaw , Mayor Attest: Louc ris hi a A. Ell is, City Clerk I, Loucri shia A. Ellis . City Ch:rk for the City of Englewood, Colorado, hereby certify the above is a tru e cop y of Resolution No . __ , Series of 2003 . Loucrishia A. Ellis , City Clerk SE A RESOLU110N SUPPQJlTtNO THB BAIJ..OT QUESTION AKING Rl!SIDENTS OF f ARAPAHOE COUNTY TO APPROVE A .2S PERCENT SALES TAX IN ORDER TO PROVIDE DEDICATED PUNDS TO PllOTl!CT ontol 8P~. WHEREAS, in Jwie, the Arapahoe County Board ofCommissiODel'll lllllllimously approved a ballot question that will ask the residents of Arapahoe County to approve a 1/4 of I percent sales tax in order to provide dedica!ed funds to prollOCt open space; and WHEREAS, Arapahoe Neighbors for Wr,m Quality, Open Space and Parks is a citizens' committee leading the effort to p1111 the sligbt increase in sales tllX on the November ballot; and WHEREAS , Arapahoe County is the only metro jurisdiction without dediClled funding for open space 1111d parks; 1111d WHEREAS, Arapahoe County's population is projected to incn:ue by-ty 40% by 202S so agricultural regions in the eutem and central pan of the county must be procected from unplanned growth, including lands along critical waterways; and WHEREAS, these funds will help protect land that preserves water quality in our rivers , lakes and streams, including watersheds and drainage basins; and WHEREAS, the benefit of supporting funding for open space and pub will also protect wildlife habitat corridors and preserve the County's western beritap, inaale, improve and maintain open space and parts, includina sportsfields, playpounds, traill and community areas, protect views, vims and riqe.lines and preserve apicultural and ranch lands. NOW, TIIEREFORE, BE IT RESOLVED, BY THE CITY COUNCll. OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: SectiOQ 1. City Council for the City ofEnpwood, Colorado, hereby auppor11 the ballot question that will ult resideDls of Arapahoe County to approve a .25 pen:cm sales tu to provide dedica!ed funds to P"*Ct open space. ADOPTED AND APPROVED this ls6 day ofSeptanber, 2003 . Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnpwood. Colorado, hereby certify that the above is a true copy of Resolution No.___, Series of 2003 . 1. 2. 3. 4. ·• • • :tJ-o Call to order f} p.m. Invocation ~JfwW Pledge of Allegiance Roll call Members: absent --- ' •· • ·• • • r .. i I ' I \ ~~ r _ __,._ ...... , J I \ ' ···--.-/ ' . \ ~ ., -· . . . . . ~· \ • . . , •• • • n LJ ' .... •' . ' . . . . . . . . I . • •· • ·• • • 0 AGENDA FOR THE ' 3 . Pledge of Allegiance . ~ 4. RollCSI. QJ17~ 5. Minutes. . Q .. M;""'~ from lhe "'"""' c;fy Co"oci meedog ofSeptembe, 2, 2003 .~ Scheduled Visitors . (Please limit your presentation to ten minutes.) • • Englewood City Council Agenda ;:i;:·;"''·~11) -·-'~ ~,tioo ded,riog /JU 1/1"' T \~/ ~U;,M,~' ~~ 10. Consent Agenda. f}O a. Approval of Ordinances on First Reading. /{} ti / -~ i. Council Bill No. 66 -Recommendation from the Public Works .Department to a,ud':!OlllJii---~- 6111 for an ordinance approving an Intergovernmental Agreement with th · of Cherry "2f» 'l. ills Village approving joint funding for the U.S. 2 · h ~~~~ , ~, / oo... r"t'°~ :.{,nAFF SOURCE: Ken Ross, Public Worb Di 1 , IIAI~--> (llft'l"t:.t1l~ l O i l ii. Council Bill No. 65 • Recommendation from the ep of F1 ''""~111.!l:!d~--- \ /-Adm1mstrative Services to adopt a bill for an ordin e amending the Englewood Municipal Code pertaining to Purchases without Bids to reflect voter-approved changes to the City Charter. STAFF SOURCE: Frank Gryglewicz, Director of Finance and X Administrative Services. \ iii. Council Bill No. 44 -Recommendation from the Department of Community Development to adopt a bill for an ordinance regarding management and regulation of newspaper corrals within the public rights-of.way. STAFF SOURCE: Lauri Dannemiller, Senior Manager. b. Apprprdinances on Second Reading. , c. Resolutions and Motions. Recommendation from the Littleton/Englewood Wastewater Treatmerit Plant Supervisory Committee to approve, by motion ,the extension of the existing lease of the over-the-roa9 tractors from Ryder True(" Inc. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Jim Tallent, Operations Division Manager. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No. S -Recommendation from the Department of Safety Services to adopt a ill for an ordinance amending the Englewood Municipal Code to chanpt .J!11.tt:'J~~-~ _,, limits for Abatement of Nuisances. STAFF SOURCE: ll John CollinL '(/"'~ Js£l--~ h~-Jftf Please note : If you have a disability and need auxiliary aids or seivices, please notify the City of Englewood (303 -762-2 405) at lea st 48 hours in advance of when services are needed. Thank t • • Englewood City Council Agenda September 2, 2003 Page) b~ .7proval of Ordinances on Second Reading. m J.jJLt Council Bill No. 62, an emergency bill for an ordinance enacting a temporary ~ (/ ltt r,__ri moratorium on auto-related uses in the B-2 Business Zone District, as amended . f) ·,-v . . ~~i-~~ c. Resolutions and Motions. i. Recommendation from the Department of Community Development to adopt a ~~ resolution approving a proposed agreement for a new line of aedit with Vectra Bank to f<JA!l;fl: support the activities of the Housing Rehabilitation Enterprise Fund. STAFF SOURCE: ?-{)'" .. ._"'JiiiZ';_ s 'I/fl-. . -1J:t::J;!t 12 . General Discussion. /fir, ~i . a. Mayor's Choice. MJVV• b. Council Members' Choice. ~Man,geC,Repo (§}~1"'~ /W-~ 14. City Attorney's Report The following minutes were transmitted to City Council between August 29 and September 11, 2003: • Keep Englewood Beautiful meetings of May 6, June 3, July 8, and August 12, 2003 • Englewood Cultural Arts Commission meeting of August 6, 2003 • Englewood Planning and Zoning Commission meeting of August 19, 2003 • Englewood Code Enforcement Advisory Committee meeting of August 20, 2003 Please note: If you have a disability and need auxiliary aids or services, ple.ise notify the City of Englewon (303-762,2405) at least 48 hours in advance of when services are needed. Thank ou. ..